VOLUME I
Volume I: Contains 9/23 Supplement, current through
Ordinance 32557, passed 9-20-2023
PREFACE
   The Code, as originally published in 1960, consisted of two loose-leaf
volumes and constituted the first version and codification of the general
ordinances of the City of Dallas since 1941. With the 1978 printing, the
original two volumes were expanded by adding Chapter 51, the City’s Zoning
Ordinance. A third loose-leaf volume was added that contained the City’s
construction codes.
   When reprinted in 1990, the Code was completely recodified, reformatted,
repaginated, and reindexed. The 1990 Code consisted of three loose-leaf volumes
-- Volumes I and II contained Chapters 1 through 50 and Volume III contained
Chapter 51A, “Part II of the Dallas Development Code.” The construction codes
and Chapter 51, “Part I of the Dallas Development Code,” were available for
purchase separately.
   With this 1997 printing, the Code has been completely repaginated to remove
excess pages and has been converted to a computer format and font that will
facilitate the Code’s maintenance by the City Attorney’s Office. This 1997 Code
still consists of three loose-leaf volumes -- Volumes I and II contain Chapters
1 through 50, except for Chapter 16, and Volume III contains Chapter 51A. The
construction codes and Chapter 51, “Part I of the Dallas Development Code,” may
be purchased separately from the Building Inspection Division of the city.
Chapter 16, “Dallas Fire Code,” may be purchased separately from the Dallas
Fire Department.
   This Code contains ordinances passed or effective through May 31, 1997.
Supplements will be issued periodically so that copies of the Code may be kept
up-to-date. It is anticipated that the supplements will be published quarterly.
   All volumes of the Code, except the construction codes and the fire code,
and all ordinances amending the Code will be maintained on a word processing
system in the City Attorney’s Office. Copies of the Code and all supplements,
however, will be prepared and distributed through:
   American Legal Publishing Corporation
   525 Vine Street, Suite 310
   Cincinnati, Ohio 45202
   1-800-445-5588
CHAPTER 1
GENERAL PROVISIONS
Sec.
1-1.   How code designated and cited.
Sec.
1-2.   Provisions considered as continuation of existing ordinances.
Sec.
1-3.   Catchlines of sections.
Sec.
1-4.   Severability of parts of code.
Sec.
1-5.   Rules of construction.
Sec.
1-5.1   Culpable mental state.
Sec.
1-6.   Amendments or additions to code; printing.
Sec.
1-7.   Disannexation - Application.
Sec.
1-8.   Same - Procedure.
Sec.
1-9.   Notice to property owners; presumption of ownership.
Sec.
1-10.   Reserved.
Sec.
1-11.   Standard of judicial review for city board and commission decisions.
SEC. 1-1.   HOW CODE DESIGNATED AND CITED.
   The ordinances embraced in this and the following chapters and sections
shall constitute and be designated “The Revised Code of Civil and Criminal
Ordinances of the City of Dallas” and may be so cited. Such code may also be
cited as the “Dallas City Code.”
SEC. 1-2.   PROVISIONS CONSIDERED AS CONTINUATION OF EXISTING ORDINANCES.
   The provisions appearing in this and the following chapters and sections, so
far as they are the same as those of ordinances existing at the time of the
adoption of “The Revised Code of Civil and Criminal Ordinances of the City of
Dallas”, shall be considered as a continuation thereof and not as new
enactments.
SEC. 1-3.   CATCHLINES OF SECTIONS.
   The catchlines of the several sections of this code printed in boldface type
are intended as mere catchwords to indicate the contents of the section and
shall not be deemed or taken to be titles of such sections, nor as any part of
the section, nor, unless expressly so provided, shall they be so deemed when
any of such sections, including the catchlines, are amended or re-enacted.
SEC. 1-4.   SEVERABILITY OF PARTS OF CODE.
   It is hereby declared to be the intention of the city council that the
sections, paragraphs, sentences, clauses, and phrases of this code are
severable, and if any phrase, clause, sentence, paragraph or section of this
code shall be declared unconstitutional or invalid by the valid judgment or
decree of any court of competent jurisdiction, such unconstitutionality or
invalidity shall not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of this code, since the same would have been enacted by
the city council without the incorporation in this code, of any such
unconstitutional or invalid phrase, clause, sentence, paragraph or section.
SEC. 1-5.   RULES OF CONSTRUCTION.
   In the construction of this code, and of all ordinances and resolutions
passed by the city council, the following rules contained in this section shall
be observed, unless such construction would be inconsistent with the manifest
intent of the council:
   BOND. When a bond is required, an undertaking in writing is sufficient if
properly drafted and executed.
   CITY. The words “city,” “the city,” or “this city” mean the city of Dallas,
Texas.
   CITY SECRETARY, CHIEF OF POLICE or OTHER CITY OFFICERS OR DEPARTMENTS. The
words “city secretary”, “chief of police” or words designating any “other city
officers or departments” shall be construed to mean the city secretary, chief
of police or such other municipal officers or departments, respectively, of the
city of Dallas, Texas.
   CODE. The words “the code” or “this code” shall mean “The Revised Code of
Civil and Criminal Ordinances of the City of Dallas.”
   COMPUTATION OF TIME. In construing this code, whenever a notice is required
to be given or an act to be done a certain length of time before any proceeding
or step in a proceeding shall be had, the day on which such notice is given, or
such act is done, shall be counted in computing the time, but the day on which
such proceeding or step in a proceeding is to be had shall not be counted.
   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.
   COUNCIL. The words “the council” or “the city council” shall mean the mayor
and councilmen acting as the city council of Dallas, Texas.
   COUNTY. The word “county” shall mean Dallas County, Texas.
   DALLAS DEVELOPMENT CODE. The words “Dallas Development Code” mean Chapters
51,
51A, and 51P.
   GENDER. A word importing the masculine gender only shall extend and be
applied to include females and to firms, partnerships and corporations as well
as to males.
   HIGHWAY. The term “highway”, when used in this code, shall include any
street, alley, highway, avenue or public place or square, bridges, viaducts,
tunnels, underpasses, overpasses and causeways in the city, dedicated or
devoted to public use.
   JOINT AUTHORITY. Words purporting to give authority to three or more
officers or other persons shall be construed as giving such authority to a
majority of such officers or other persons, unless it is otherwise declared.
   MONTH. The word “month” shall mean a calendar month.
   NUMBER. Any word importing the singular number shall include the plural, and
any word importing the plural number shall include the singular.
   OATH. The word “oath” shall be construed to include an affirmation in all
cases in which by law an affirmation may be substituted for an oath, and in
such cases the words “swear” and “sworn” shall be equivalent to the words
“affirm” and “affirmed”.
   OFFICIAL TIME STANDARD. Whenever certain hours are named in this code, they
shall mean Standard Time or Daylight Saving Time, as may be in current use in
the city.
   OR, AND. “Or” may be read “and”, and “and” may be read “or”, if the sense
requires it.
   OWNER. The word “owner”, applied to a building or land, shall include 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.
   PERSON. The word “person” shall extend and be applied to associations,
corporations, firms, partnerships and bodies politic and corporate as well as
to individuals.
   PERSONAL PROPERTY. The words “personal property” include every species of
property, except real property, as defined in this section.
   PRECEDING, FOLLOWING. The words “preceding” and “following” mean next before
and next after, respectively.
   PROPERTY. The word “property” includes real and personal property.
   REAL PROPERTY. The words “real property” include land, tenements and
hereditaments.
   ROADWAY. The word “roadway” shall mean that portion of a street improved,
designed or ordinarily used for vehicular traffic and that portion of a street
used for drainage.
   SIDEWALK. The word “sidewalk” shall mean any portion of the street between
the curb or the lateral line of the roadway and the adjacent property line, all
or a part of which is intended for the use of pedestrians.
   SIDEWALK AREA. The space between the lateral line of the roadway and the
boundary separating the public right-of-way and the adjacent private property.
   SIGNATURE or SUBSCRIPTION. The words “signature” or “subscription” shall
include a mark when a person cannot write.
   STATE. The words “the state” or “this state” shall be construed to mean the
State of Texas.
   STREET. The term “street” shall include any highway, boulevard, alley,
street, avenue or public place or square, bridges, viaducts, culverts,
underpasses, overpasses, tunnels and causeways in the city, dedicated or
devoted to public use.
   WRITTEN or IN WRITING. The words “written” or “in writing” shall be
construed to include any representation other than oral of words, letters or
figures, whether by printing or otherwise.
   YEAR. The word “year” shall mean a calendar year. (Ord. Nos. 18828; 19455;
24637; 25371)
SEC. 1-5.1.   CULPABLE MENTAL STATE.
   (a)   A culpable mental state is not required for the commission of an
offense under this code or another city ordinance that is punishable by a fine
not exceeding $500, unless the provision defining the conduct expressly
requires a culpable mental state.
   (b)   In accordance with Section 6.02 of the Texas Penal Code and
notwithstanding any code or ordinance provision to the contrary, a culpable
mental state is required for the commission of an offense under this code or
another city ordinance that is punishable by a fine exceeding $500.
   (c)   When a culpable mental state is required for the commission of an
offense under this code or another city ordinance, a person must have acted
knowingly or with knowledge, unless the provision defining the conduct
expressly requires a different degree of culpability.
   (d)   A person acts knowingly, or with knowledge, with respect to the nature
of his conduct or to circumstances surrounding his conduct when he is aware of
the nature of his conduct or that the circumstances exist. A person acts
knowingly, or with knowledge, with respect to a result of his conduct when he
is aware that his conduct is reasonably certain to cause the result. (Ord. Nos.
15105; 19455; 26274)
SEC. 1-6.   AMENDMENTS OR ADDITIONS TO CODE; PRINTING.
   (a)   All ordinances of a general and permanent nature, and amendments to
such ordinances, hereinafter enacted or presented to the city council for
enactment shall be drafted, so far as possible, as specific amendments of, or
additions to, the “Dallas City Code,” and when done shall be part of the code.
Amendments to this code shall be made by reference to the chapter and section
of the code which is to be amended, and additions shall bear an appropriate
designation of chapter and section. For clarity in reading amendments to the
code, any language intended to be added to the code may be underscored in the
amending ordinance, and any language intended to be deleted from the code may
be inserted in its appropriate place in brackets and stricken through. These
markings, when used, and the deleted portions shall be removed when amendments
are printed in the code.
   (b)   A separate volume or volumes shall be added to the Dallas City Code
and shall contain the city’s Building Code, Mechanical Code, Plumbing Code, and
Electrical Code along with applicable administrative provisions.
   (c)   
Chapters 1 through
51A of the code shall be maintained by the city attorney on a word processing
system so that the code, as it exists on the system, is continuously updated as
amendments to the code are adopted by the city council. The city attorney shall
periodically cause supplements to the code to be printed, but not less than
once each year. When the supply of code books becomes short or when supplements
become so numerous as to make handling and selling of the code difficult, the
city attorney may cause the entire code to be reprinted in an up-to-date form
with all amendments included.
   (d)   When a supplement to the code is printed from the word processing
system maintained by the city attorney or when the entire code is reprinted
from this system, the supplement or code so printed shall be deemed the
official supplement or code of the city without further action of the city
council and shall be admitted as evidence in court without further proof. (Ord.
Nos. 15904; 18828; 19455)
SEC. 1-7.   DISANNEXATION - APPLICATION.
   (a)   When any territory exists, to the extent of at least three acres,
contiguous, unimproved and adjoining the lines of the city, the city council
may, by ordinance duly passed, discontinue such territory as a part of the
city, provided the application for such discontinuance or disannexation shall
set forth in writing the territory desired to be discontinued and describe the
territory desired to be discontinued by metes and bounds as in the case of
annexation of territory provided by the charter.
   (b)   Subsection (a) shall not be construed as limiting the authority of the
city to make mutually agreeable boundary changes with other municipalities in
accordance with state law. (Code 1941, Art. 29-1; Ord. 20059)
SEC. 1-8.   SAME - PROCEDURE.
   When the ordinance provided for in the preceding section has been duly
passed, the city council shall cause to be entered an order to such effect on
the minutes of the council. From and after the entry of such order, such
territory shall cease to be part of the city; provided, that the city council
may exercise its own discretion with reference to discontinuing any part of
such territory and in no case shall any territory be discontinued, except on
the application of the owner or owners of such territory and where the metes
and bounds of the territory that is sought to be discontinued are clearly set
forth in such application; provided further, that all applications for the
discontinuance of any territory shall be in writing as provided in this
section, and approved by the city engineer’s and the city attorney’s
departments. (Code 1941, Art. 29-2)
SEC. 1-9.   NOTICE TO PROPERTY OWNERS; PRESUMPTION OF OWNERSHIP.
   (a)   Whenever the city is required by statute, rule, regulation, or
ordinance to send a notice to an owner of real property for the purpose of
enforcing a provision of this code, the notice may include the following
statement: “According to the real property records of            County, you
own the real property described in this notice. If you no longer own the
property, you must execute an affidavit stating that you no longer own the
property and stating the name and last known address of the person who acquired
the property from you. The affidavit must be delivered in person or by
certified mail, return receipt requested, to this office not later than the
20th day after the date you receive this notice. If you do not send the
affidavit, it will be presumed that you own the property described in this
notice, even if you do not.”
   (b)   The notice described in Subsection (a) must be delivered in person or
by certified mail, return receipt requested.
   (c)   If the city sends a notice to the owner of the property to which the
notice relates, as shown by the real property records of the county in which
the property is located on or after the 10th day before the date the notice is
sent, and the record owner no longer owns the property, the record owner shall
execute an affidavit provided by the city with the notice stating:
      (1)   that the record owner no longer owns the property; and
      (2)   the name and last known address of the person who acquired the
property from the record owner.
   (d)   The record owner shall deliver the affidavit in person or by certified
mail, return receipt requested, to the city not later than the 20th day after
the date the record owner receives the notice.
   (e)   If the city receives an affidavit under Subsection (d), the city shall
send the appropriate notice to the person named in the affidavit as having
acquired the property. A notice sent under this subsection must include the
statement authorized by Subsection (a).
   (f)   Upon receiving an affidavit under Subsection (d), the city shall:
      (1)   maintain the affidavit on file for at least two years after the
date the affidavit was received; and
      (2)   deliver a copy of the affidavit to the chief appraiser of the
appraisal district in which the property is located.
   (g)   The city is considered to have provided notice to a property owner if
the city complies with the statute, rule, regulation, or ordinance under which
the notice is sent and if the city complies with:
      (1)   Subsection (a) and does not receive an affidavit from the record
owner; or
      (2)   Subsection (e) and does not receive an affidavit from the person to
whom the notice was sent under Subsection (e).
   (h)   If the city complies with this section and does not receive an
affidavit under Subsection (d), the record owner is presumed to be the owner of
the property for all purposes to which the notice relates.
   (i)   For purposes of this section, “real property” does not include a
mineral interest or royalty interest. (Ord. 21025)
SEC. 1-10.   RESERVED.
(Ord. No. 31872)
SEC. 1-11.   STANDARD OF JUDICIAL REVIEW FOR CITY BOARD AND COMMISSION
DECISIONS.
   Whenever this code or another city ordinance provides that a person may
appeal a decision of a city board or commission to district court, the appeal
is limited to a hearing under the substantial evidence rule unless expressly
provided otherwise by this code, another city ordinance, the city charter, or
state or federal law. (Ord. 23227)
CHAPTER 2
ADMINISTRATION
ARTICLE I.
IN GENERAL.
Sec.
2-1.   Time within which city officers to deposit money.
Sec.
2-1.1.   Advance payment of certain fees, charges, and taxes required; interest
on delinquent accounts.
Sec.
2-2.   Delivery of books, etc., to successor in office.
Sec.
2-3.   Officers, etc., of city not to deal in city warrants or obligations.
Sec.
2-3.1.   Preservation of duties, powers, and functions of city manager.
Sec.
2-4.   Removal from office for misconduct or neglect of duty.
Sec.
2-5.   Labor unions - City employees not to organize or join.
Sec.
2-6.   Same - Same - Intent and purpose of provision.
Sec.
2-7.   Same - Same - Penalty for violating prohibitions.
Sec.
2-8.   Hearings and investigations as to city affairs - Subpoena powers of
person or body conducting same.
Sec.
2-9.   Same - Penalty for failure to testify, etc.
Sec.
2-10.   Property purchased by city at tax sale - City manager to execute
quitclaim deed upon redemption of same.
Sec.
2-11.   Same - Provisions of quitclaim deed.
Sec.
2-11.1.   Sale or release of interests in real property.
Sec.
2-11.2.   Acceptance of conveyance or acquisition by eminent domain where
consideration is $10,000 or less.
Sec.
2-11.3.   Real property acquisitions where consideration exceeds $500,000.
Sec.
2-12.   Legal advice.
Sec.
2-13.   Public utilities to pay expense of office of supervisor of public
utilities - Generally.
Sec.
2-14.   Same - Notice required.
Sec.
2-15.   Same - “Gross receipts” defined.
Sec.
2-16.   Eminent domain proceedings for personal property.
Sec.
2-17.   Payment of cost of publishing ordinance granting franchise or closing
street.
Sec.
2-17.1.   Fiscal notes.
Sec.
2-17.2.   Selection of city auditor; nominating commission.
Sec.
2-17.3.   Nondiscrimination in the provision of city services.
ARTICLE II.
ASSISTANT CITY ATTORNEYS.
Sec.
2-18.   Qualifications and appointment.
Sec.
2-19.   Duties.
Sec.
2-20.   Compensation.
Sec.
2-20.1.   Guest assistant city attorney program.
ARTICLE III.
MANAGEMENT AND SALE OF CITY-OWNED REAL PROPERTY.
Division 1. Generally.
Sec.
2-21.   Inventory of real property.
Sec.
2-22.   Examination of need.
Sec.
2-23.   Decision to sell.
Sec.
2-24.   Procedures for the sale of unneeded real property by formal bid or
negotiation.
Sec.
2-24.1.   Procedures for the sale of unneeded real property by public auction.
Sec.
2-25.   Type of conveyance.
Sec.
2-26.   Bidder information.
Sec.
2-26.1.   City manager recommendation and award of sale.
Sec.
2-26.2.   Abandonment of public rights-of-way.
Sec.
2-26.3.   Reserved.
Division 2. Alternate Manner of Sale of Real Property to Nonprofit
Organizations for Affordable Housing.
Sec.
2-26.4.   Purpose.
Sec.
2-26.5.   Definitions.
Sec.
2-26.6.   Alternate method of sale for tax- foreclosed or seized real property.
Sec.
2-26.7.   Purchase proposals by nonprofit organizations; procedures and
requirements for city approval or rejection of proposals.
Sec.
2-26.8.   Multiple proposals for the same land.
Sec.
2-26.9.   Purchase price of land.
Sec.
2-26.10.   Quitclaim deed.
Sec.
2-26.11.   Restrictions on use of land.
Sec.
2-26.12.   Possibility of reverter with right of reentry.
Sec.
2-26.13.   Release of reverter rights and deed restrictions.
Sec.
2-26.14.   Appeals.
ARTICLE IV.
PROCUREMENT.
Division 1. Purchasing and Contracting Generally.
Sec.
2-27.   Definitions.
Sec.
2-28.   Office of procurement services; powers and duties of the director as
city purchasing agent.
Sec.
2-29.   Approval of plans and specifications.
Sec.
2-30.   General delegation of contracting authority.
Sec.
2-31.   Rules regarding expenditures not exceeding $50,000.
Sec.
2-32.   Rules regarding expenditures exceeding $50,000
Sec.
2-33.   Alternative methods of procurement for facility construction.
Sec.
2-34.   Personal, professional, and planning services.
Sec.
2-35.   Interest on certain late or delayed payments.
Sec.
2-36.   Contracts with persons indebted to the city.
Secs. 2-37. thru 2-37.1.9.   Reserved.
Division 2. Sale of Unclaimed and Surplus Property.
Sec.
2-37.2.   Authority to sell; deposit of cash.
Sec.
2-37.3.   Delivery of unclaimed property to director; use for city purposes.
Sec.
2-37.4.   Method of sale.
Sec.
2-37.5.   Time and place of sale; notice.
Sec.
2-37.6.   Records; reports to the director of finance; proceeds.
Sec.
2-37.7.   Destruction of restricted weapons; exceptions.
Sec.
2-37.8.   Lien on motor vehicles.
Sec.
2-37.9.   Purchase by certain persons prohibited.
Sec.
2-37.10.   Authority to sell surplus issue weapons to certain personnel.
Sec.
2-37.11.   Authority to sell uniforms to employees.
Sec.
2-37.12.   Sales of certain collectible property.
Sec.
2-37.13.   Sale of surplus library material.
Sec.
2-37.14.   Sale of personal property to other governmental entities.
Sec.
2-37.15.   Sale of unclaimed and surplus property at the city store.
Sec.
2-37.16.   Sale of surplus city-owned animals.
Sec.
2-37.17.   Donation of outdated or surplus firefighting equipment, supplies,
and materials.
ARTICLE IV-a.
OFFICE OF ECONOMIC DEVELOPMENT.
Sec.
2-38.   Created; director of economic development.
Sec.
2-39.   Duties of the director of economic development.
Sec.
2-40.   Reserved.
ARTICLE V.
DEPARTMENT OF DEVELOPMENT SERVICES.
Sec.
2-41.   Created; director of development services.
Sec.
2-42.   Duties of the director of development services.
ARTICLE V-a.
DEPARTMENT OF BUILDING SERVICES.
Sec.
2-43.   Created; director of building services.
Sec.
2-44.   Duties of the director of building services.
Sec.
2-45.   Reserved.
ARTICLE V-b.
DEPARTMENT OF CONVENTION AND EVENT SERVICES.
Sec.
2-46.   Created; director of convention and event services.
Sec.
2-47.   Duties of the director of convention and event services.
ARTICLE V-c.
DEPARTMENT OF PUBLIC WORKS.
Sec.
2-48.   Created; director of public works.
Sec.
2-49.   Duties of the director of public works.
ARTICLE V-d.
WATER UTILITIES DEPARTMENT.
Sec.
2-50.   Created; director of water utilities.
Sec.
2-51.   Duties of the director of water utilities.
ARTICLE V-e.
DEPARTMENT OF PLANNING AND URBAN DESIGN.
Sec.
2-52.   Created; chief planning officer.
Sec.
2-53.   Duties of the chief planning officer.
 
ARTICLE V-f.
DEPARTMENT OF EQUIPMENT AND FLEET MANAGEMENT.
Sec.
2-54.   Created; director of equipment and fleet management.
Sec.
2-55.   Duties of the director of equipment and fleet management.
Secs. 2-56 thru 2-60.   Reserved.
ARTICLE VI.
DEPARTMENT OF HUMAN RESOURCES.
Sec.
2-61.   Created; director of human resources.
Sec.
2-62.   Duties of director of human resources.
ARTICLE VII.
DEPARTMENT OF CODE COMPLIANCE.
Sec.
2-71.   Created; director of code compliance.
Sec.
2-72.   Duties of the director of code compliance.
ARTICLE VII-a.
OFFICE OF MANAGEMENT SERVICES.
Sec.
2-73.   Created; director of management services.
Sec.
2-74.   Duties of the director of management services.
ARTICLE VII-b.
OFFICE OF DATA ANALYTICS AND BUSINESS INTELLIGENCE.
Sec.
2-75.    Created; director of data analytics and business intelligence.
Sec.
2-75.1.    Duties of the director of data analytics and business intelligence.
ARTICLE VIII.
SOCIALLY RESPONSIBLE BANKING.
Sec.
2-76.   Purpose.
Sec.
2-77.   City banking contracts.
Sec.
2-78.   Statement of work and reporting.
Secs. 2-79 thru 2-80.   Reserved.
ARTICLE VIII-a.
CLAIMS AGAINST THE CITY.
Division 1. Tort Claims.
Sec.
2-81.   Filing claims against the city.
Sec.
2-82.   Handling by city attorney.
Sec.
2-83.   Handling by director of risk management.
Sec.
2-84.   Payment of a property damage, personal injury, or wrongful death claim
without prior city council approval.
Sec.
2-85.   Non-waiver of notice of claim.
Division 2. Breach of Contract Claims.
Sec.
2-86.   Notice required for certain breach of contract claims.
Sec.
2-87.   Payment of a breach of contract claim without prior city council
approval.
Division 3. Miscellaneous Claims, Fines, Penalties, and Sanctions against the
City.
Sec.
2-88.   Handling and investigation of miscellaneous claims, fines, penalties,
and sanctions against the city.
Sec.
2-89.   Payment of a miscellaneous claim, fine, penalty, or sanction without
prior city council approval.
Secs. 2-90 thru 2-94.   Reserved.
ARTICLE IX.
PERMIT AND LICENSE APPEAL BOARD.
Sec.
2-95.   Permit and license appeal board - Created; function; terms.
Sec.
2-95.1   Training.
Sec.
2-96.   Appeals from actions of department directors.
Sec.
2-97.   Resets and continuances of hearings before the permit and license
appeal board.
Sec.
2-98.   Public notice requirements for hearings on exemptions from locational
restrictions.
Sec.
2-99.   Appeals to state district court.
Sec.
2-100.   Reserved.
ARTICLE X.
PUBLIC ART PROGRAM.
Sec.
2-101.   Purpose.
Sec.
2-102.   Definitions.
Sec.
2-103.   Funding of the public art program.
Sec.
2-104.   Uses of monies in public art accounts.
Sec.
2-105.   Administration of the public art program - Responsibilities.
ARTICLE XI.
FILLING TEMPORARY VACANCIES.
Sec.
2-118.   Designation, appointment and duties of temporary acting and acting
city manager.
Sec.
2-119.   Designation, appointment and duties of temporary acting and acting
department directors; “department director” defined.
ARTICLE XII.
ENVIRONMENTAL COMMISSION.
Sec.
2-120.   Environmental commission - created; function; terms; meetings.
Sec.
2-121.   Technical resource panel.
Sec.
2-122.   Environmental health committee.
Secs. 2-123 thru 2-124.   Reserved.
ARTICLE XIII.
MARTIN LUTHER KING, JR. COMMUNITY CENTER BOARD.
Sec.
2-125.   Definitions.
Sec.
2-126.   Created; terms; membership; vacancies.
Sec.
2-127.   Functions and duties.
Sec.
2-128.   Reserved.
Sec.
2-129.   Treatment of budget.
ARTICLE XIV.
SOUTH DALLAS/FAIR PARK OPPORTUNITY FUND BOARD.
Sec.
2-130.   South Dallas/Fair Park Opportunity Fund board - Created; terms;
membership.
Sec.
2-131.   South Dallas/Fair Park Opportunity Fund board - Duties and
responsibilities.
Sec.
2-132.   Reserved.
ARTICLE XV.
CHIEF FINANCIAL OFFICER.
Sec.
2-133.   Position of chief financial officer created.
Sec.
2-134.   Duties of the chief financial officer.
ARTICLE XV-a.
CITY CONTROLLER’S OFFICE.
Sec.
2-135.   Created; city controller as head of office.
Sec.
2-135.1.   Duties of the city controller.
ARTICLE XV-b.
OFFICE OF BUDGET AND MANAGEMENT SERVICES.
Sec.
2-135.2.   Created; director of budget and management services.
Sec.
2-135.3.   Duties of the director of budget and management services.
ARTICLE XV-c.
OFFICE OF RISK MANAGEMENT.
Sec.
2-135.4.   Created; director of risk management.
Sec.
2-135.5.   Duties of the director of risk management.
ARTICLE XVI.
DEPARTMENT OF INFORMATION AND TECHNOLOGY SERVICES.
Sec.
2-136.   Created; director of information and technology services.
Sec.
2-137.   Duties of director of information and technology services.
ARTICLE XVII.
DEPARTMENT OF SANITATION SERVICES.
Sec.
2-138.   Created; director of sanitation services.
Sec.
2-139.   Duties of the director of sanitation services.
ARTICLE XVII-a.
DEPARTMENT OF TRANSPORTATION.
Sec.
2-139.1   Created; director of transportation.
Sec.
2-139.2   Duties of the director of transportation.
ARTICLE XVIII.
SENIOR AFFAIRS COMMISSION.
Sec.
2-140.   Senior affairs commission - Created; terms; membership; meetings.
Sec.
2-141.   Senior affairs commission - Functions.
ARTICLE XIX.
DEPARTMENT OF HOUSING & NEIGHBORHOOD REVITALIZATION.
Sec.
2-142.   Created; director of housing & neighborhood revitalization.
Sec.
2-143.   Duties of the director of housing & neighborhood revitalization.
Secs. 2-144 thru 2-146.   Reserved.
ARTICLE XX.
CITIZEN HOMELESSNESS COMMISSION
Sec.
2-147.   Purpose.
Sec.
2-148.   Created; membership; terms; meetings.
Sec.
2-149.   Duties and functions.
ARTICLE XXI.
COMMUNITY DEVELOPMENT COMMISSION.
Sec.
2-150.   Community development commission created.
Sec.
2-151.   Duties and functions.
Sec.
2-152.   Standards of conduct.
ARTICLE XXI-a.
COMMISSION ON DISABILITIES.
Sec.
2-152.1.   Commission on disabilities - created; function; terms; meetings.
Sec.
2-152.2.   Definition.
Sec.
2-152.3.   Duties and responsibilities.
Sec.
2-152.4.   Technical resource panel.
ARTICLE XXII.
OFFICE OF COMMUNITY POLICE OVERSIGHT.
Sec.
2-153.   Purpose.
Sec.
2-154.   Created; director/monitor of office of community police oversight.
Sec.
2-154.1.   Duties of the director/monitor of the office of community police
oversight.
ARTICLE XXIII.
DEPARTMENT OF DALLAS ANIMAL SERVICES.
Sec.
2-155.   Created; director of Dallas animal services.
Sec.
2-156.   Duties of the director of Dallas animal services.
ARTICLE XXIV.
ANIMAL ADVISORY COMMISSION.
Sec.
2-157.   Created; membership; meetings.
Sec.
2-158.   Duties and responsibilities.
ARTICLE XXV.
YOUTH COMMISSION
Sec.
2-159.   Purpose.
Sec.
2-159.1.   Created; membership; terms; meetings.
Sec.
2-160.   Duties and responsibilities.
ARTICLE XXVI.
ARTS AND CULTURE ADVISORY COMMISSION.
Sec.
2-161.   Arts and culture advisory commission - Created; terms; membership;
meetings.
Sec.
2-162.   Arts and culture advisory commission - Duties and responsibilities.
ARTICLE XXVI-a.
OFFICE OF ARTS AND CULTURE.
Sec.
2-162.1   Created; director of arts and culture.
Sec.
2-162.2   Duties of the director of arts and culture.
Sec.
2-162.3.   Procurement of cultural services.
Sec.
2-162.4.   Contracts for radio station air time required; other radio station
contracts.
ARTICLE XXVII.
CIVIL SERVICE BOARD; ADJUNCT MEMBERS; ADMINISTRATIVE LAW JUDGES.
Sec.
2-163.   Special qualifications for adjunct members of the civil service board.
Sec.
2-164.   Administrative law judges: appointment; qualifications; termination of
contract.
Sec.
2-165.   Training.
Sec.
2-166.   Trial board responsibilities of civil service board members;
attendance.
ARTICLE XXVIII.
STORMWATER DRAINAGE UTILITY.
Sec.
2-167.   Purpose and creation; adoption of state law; and administration of
stormwater drainage utility.
Sec.
2-168.   Definitions; stormwater drainage utility rates; exemptions; incentives
for residential- benefitted properties; billing and collection procedures.
Sec.
2-169.   Service area.
ARTICLE XXIX.
VETERAN AFFAIRS COMMISSION.
Sec.
2-170.   Veteran affairs commission - Created; terms; membership; meetings.
Sec.
2-171.   Veteran affairs commission - Functions.
ARTICLE XXX.
COLLEGE ADVISORY COMMISSION.
Sec.
2-172.    Purpose.
Sec.
2-173.    Created; membership; terms; meetings.
Sec.
2-174.    Duties and responsibilities.
ARTICLE XXXI.
OFFICE OF THE CITY MARSHAL.
Sec.
2-175.   Created.
Sec.
2-176.   Duties of the city marshal.
Sec.
2-177.   City marshal's authority; eligibility for pension.
ARTICLE I.
IN GENERAL.
SEC. 2-1.   TIME WITHIN WHICH CITY OFFICERS TO DEPOSIT MONEY.
   All officers of the city who receive money for or on account of the city in
any manner are hereby required to deposit same in the manner prescribed by the
chief financial officer. (Code 1941, Art. 19-2; Ord. 29645)
SEC. 2-1.1.   ADVANCE PAYMENT OF CERTAIN FEES, CHARGES, AND TAXES REQUIRED;
INTEREST ON DELINQUENT ACCOUNTS.
   (a)   Unless a different time and method of payment is specifically provided
by another city ordinance, a city contract, or state or federal law, every fee,
charge, or tax required to be paid to the city for any license, permit, right,
privilege, property interest, or service must be paid in full to the city
before the license, permit, right, privilege, property interest, or service may
be issued, granted, conveyed, provided, or renewed.
   (b)   Except as provided in Subsection (c), any money owed to the city after
May 28, 1997 will accrue simple interest at the rate of 10 percent a year from
the day after the money became due until it is paid in full.
   (c)   The following types of money owed to the city are not subject to the
interest established in Subsection (b):
      (1)   Any fee, charge, or tax upon which the assessment of interest is
prohibited or otherwise regulated or provided for by another city ordinance or
state or federal law.
      (2)   A fee, charge, or tax charged or collected by the city under the
specific authority of a state or federal law, where the assessment of interest
is not provided for in the applicable state or federal law.
      (3)   A fee or charge for copies, documents, records, or other
information provided by the city under a request for public information.
      (4)   Money owed to the city under a contract that does not specifically
provide for the assessment of interest, that prohibits the assessment of
interest, or that specifically provides another method or rate of assessing
interest.
      (5)   Money owed under a judgment awarded to the city.
      (6)   A criminal or civil fine or penalty.
   (d)   In this section, “contract” means a contract required under Section 1,
Chapter XXII of the Dallas City Charter to be signed by the city manager and
approved by the city attorney before it will be binding on the city. (Ord.
23135)
SEC. 2-2.   DELIVERY OF BOOKS, ETC., TO SUCCESSOR IN OFFICE.
   Every officer or agent shall, upon going out of office, deliver to his
successor all books, papers, furniture and other things appertaining to his
office. (Code 1941, Art. 19-2)
SEC. 2-3.   OFFICERS, ETC., OF CITY NOT TO DEAL IN CITY WARRANTS OR
OBLIGATIONS.
   No officer of the city, nor any deputy, clerk or employee of any such
officer, nor any servant or agent of the city, shall, directly or indirectly,
by himself or by any other for his own or another’s benefit, deal in the
purchase of city warrants, bonds or other obligations of the city. (Code 1941,
Art. 19-3)
SEC. 2-3.1.   PRESERVATION OF DUTIES, POWERS, AND FUNCTIONS OF CITY MANAGER.
   (a)   Whenever this code, another city ordinance, or a city council
resolution delegates a duty, power, or function to a specific employee who is
responsible to the city manager, that duty, power, or function may, at the
discretion of the city manager as the chief administrative and executive
officer of the city, also be performed or exercised by the city manager or by
any assistant city manager or other city employee designated by the city
manager to perform or exercise that duty, power, or function.
   (b)   Nothing in Subsection (a) authorizes the city manager to designate a
person to perform or exercise a duty, power, or function when such a
designation would be inconsistent with the city charter or state law. (Ord.
22356)
SEC. 2-4.   REMOVAL FROM OFFICE FOR MISCONDUCT OR NEGLECT OF DUTY.
   Any officer of the city who shall refuse or willfully fail or neglect to
perform any duty enjoined upon him by law or ordinance, or shall, in the
discharge of his official duties, be guilty of any fraud, extortion,
oppression, favoritism, partiality or willful wrong or injustice, is guilty of
an offense, and may be removed from office for malfeasance in office as
provided by the charter and the civil service rules. (Code 1941, Art. 19-4;
19963)
SEC. 2-5.   LABOR UNIONS - CITY EMPLOYEES NOT TO ORGANIZE OR JOIN.
   It shall be unlawful for any officer, agent, or employee, or any group of
them, of the city to organize a labor union, organization or club of city
employees, or to be concerned with or a member thereof, whether such labor
union, organization or club is affiliated or not with any local, state,
national or international body or organization whose charter, bylaws, rules,
custom, policy, or practice govern or control, or has for its purpose the
governing or controlling of its members in matter of working time, working
conditions, or compensation to be asked or demanded of the city. (Code 1941,
Art. 19-6; Ord. Nos. 3392; 5364)
SEC. 2-6.   SAME - SAME - INTENT AND PURPOSE OF PROVISION.
   It is further the intent and purpose of Section
2-5 to prohibit any officer, agent or employee of the city from becoming a
member of any organization, which by its charter, rules, bylaws, practices,
policy, or conduct undertakes as a body, or through its representatives, to
represent its membership in any bargaining for wages, working conditions, rules
of employment or otherwise, or which may as a body, or through its
representatives or agents, attempt to influence local or state legislation
regarding conditions of employment, wages, hours or other matters affecting
their service, directly or indirectly, with the city. (Code 1941, Art. 19-6;
Ord. Nos. 3392; 5364)
SEC. 2-7.   SAME - SAME - PENALTY FOR VIOLATING PROHIBITIONS.
   Any person violating the terms or provisions of Section
2-5 shall be subject to summary dismissal by the city council, board, city
manager or officer having power to employ and discharge such officer, agent or
employee. (Code 1941, Art. 19-6; Ord. Nos. 3392; 5364)
SEC. 2-8.   HEARINGS AND INVESTIGATIONS AS TO CITY AFFAIRS - SUBPOENA POWERS OF
PERSON OR BODY CONDUCTING SAME.
   In all hearings and investigations that may hereafter be conducted by the
city council, the city manager, or any person or committee authorized by either
or both of them for the purpose of making investigations as to city affairs,
shall for that purpose subpoena witnesses and compel the production of books,
papers, and other evidence material to such inquiry in the same manner as is
now prescribed by the laws of this state for compelling the attendance of
witnesses and production of evidence in the corporation court. A person
receiving a subpoena in accordance with this section may, before the return
date specified in the subpoena, petition the corporation court for a motion to
modify or quash the subpoena. This provision for pre-compliance review applies
to all subpoenas, including but not limited to those issued pursuant to
Chapters III, XIII, and XVI of the City Charter or Sections 19-9, 20-10, 20A-8,
37-35, 37A-4, 40A-4, 46-10, or 50-3 of this code unless a separate pre-
compliance review is provided. (Code 1941, Art. 22-1; Ord. 31533)
SEC. 2-9.   SAME - PENALTY FOR FAILURE TO TESTIFY, ETC.
   Any person who refuses to be sworn or who refuses to appear to testify or
who disobeys any lawful order of the city council, the city manager, or any
person or committee authorized by either or both of them, fails to file a
motion to quash or otherwise demand a pre-compliance review of the subpoena in
accordance with Section 2-8, or who fails or refuses to produce any book,
paper, document, or instrument touching any matter under examination, or who is
guilty of any contemptuous conduct during any of the proceedings of the city
council, the city manager, or any person or committee authorized by either or
both of them in the matter of such investigation or inquiry after being
summoned to give or produce testimony in relation to any matter under
investigation, is guilty of an offense. (Code 1941, Art. 22-2; Ord. Nos. 19963;
31533)
SEC. 2-10.   PROPERTY PURCHASED BY CITY AT TAX SALE - CITY MANAGER TO EXECUTE
QUITCLAIM DEED UPON REDEMPTION OF SAME.
   In any case where the city has purchased a tax title to any property under
tax foreclosure or may hereafter become the purchaser of a tax title under
foreclosure proceedings or tax collector’s deed, the city manager is authorized
and directed to execute a quitclaim deed to such person entitled to redeem the
property after such person has paid over to the city the amount of taxes,
penalties, interest and costs, including the redemption penalty, if any, as
provided for by the charter. (Code 1941, Art. 22-3)
SEC. 2-11.   SAME - PROVISIONS OF QUITCLAIM DEED.
   The quitclaim deed mentioned in Section
2-10 shall provide that the city releases, quitclaims and surrenders to the
grantee such title or interest as it may have acquired, if any, by virtue of
the tax foreclosure proceedings and by virtue of the city becoming the
purchaser of the tax title under any tax collector’s, sheriff’s or constable’s
sale. It shall further provide that the instrument shall release the tax lien
and judgment lien on the property described, securing the taxes for the years
for which the judgment was recovered, and shall not in any way affect any taxes
not included in the judgment. (Code 1941, Art. 22-4)
SEC. 2-11.1.   SALE OR RELEASE OF INTERESTS IN REAL PROPERTY.
   (a)   Any sale of real property or any interest in real property, or the
execution of any instrument dealing with or releasing an interest in real
property, is sufficient to convey or release such interest when authorized by
resolution passed by a majority of the city council and signed by the city
manager, or his or her designee, and attested by the city secretary; except
that, when such instrument is in effect for a term of not more than one year,
is to a city public service franchise holder, and is made for the city’s
benefit, then the head of the department concerned is authorized, by permission
of the city manager, to execute the instrument conveying a temporary interest
in real property. When any instrument states on its face that it is authorized
by this section, it is deemed to have been properly authorized and sufficient
to convey or release the interest sought to be conveyed or released.
   (b)   Notwithstanding Subsection (a), the head of the department concerned,
or his or her designee, is authorized, by permission of the city manager, to
execute full or partial releases of:
      (1)   the following notes and liens, upon receipt of any required payment
to the city:
         (A)   a notice of intention to assess for paving;
         (B)   a mechanic’s and materialman’s lien contract for paving or for
water or sewer special assessments;
         (C)   a street paving certificate;
         (D)   a demolition lien;
         (E)   a closure lien;
         (F)   a lien imposed for civil penalties assessed by the municipal
court or the former urban rehabilitation standards board against a structure
found to be an urban nuisance;
         (G)   an abstract of judgment for civil penalties, court costs, and
attorney’s fees assessed on property by a court of competent jurisdiction;
         (H)   a weed cutting lien; and
         (I)   a promissory note secured by any of the liens described in this
subsection; and
      (2)   a lien on property that, upon investigation, is determined to have
been placed in error by the department concerned.
   (c)   Each release executed under Subsection (b) must refer to this section
by number, and this section will be the authority for the release. The release
may, but is not required to, be attested by the city secretary. The head of the
department concerned shall provide the executed and acknowledged release to the
property owner. Unless otherwise required by law or contract, the property
owner is responsible for recording the release at his or her own expense,
except that the head of the department concerned shall promptly file in the
official real property records of the county in which the property is located
an executed release of any lien placed in error by the department concerned.
   (d)   All instruments concerning the conveyance or release of an interest in
real property heretofore executed pursuant to a resolution of the city council
are in all respects ratified and confirmed as the action of the city council
the same as though separately authorized by ordinance. (Ord. Nos. 10893; 11424;
16024; 26517)
SEC. 2-11.2.   ACCEPTANCE OF CONVEYANCE OR ACQUISITION BY EMINENT DOMAIN WHERE
CONSIDERATION IS $10,000 OR LESS.
   (a)   The city manager is authorized to accept and approve on behalf of the
city any legal instrument executed by any person, which grants, gives, conveys,
quitclaims, or releases any right in real property, whether such right is fee
simple or any lesser title, estate, or right, where the total consideration to
be paid by the city for the title, estate, or right is $10,000 or less.
   (b)   The city manager is authorized to acquire any title, estate, or right
in real property by settlement, acceptance of a commissioner’s award, or
payment of a court judgment if:
      (1)   the city council has previously authorized eminent domain
proceedings on the real property; and
      (2)   the total consideration to be paid by the city for the title,
estate, or right in the real property is $10,000 or less.
   (c)   Any such grant, gift, conveyance, quitclaim, release, settlement,
acceptance of a commissioner’s award, or payment of a court judgment mentioned
in this section must be approved by:
      (1)   the head of the city department concerned;
      (2)   the city attorney; and
      (3)   the city controller, if the amount of cash consideration to be paid
by the city exceeds $10. (Ord. Nos. 12734; 15279; 17131; 19875; 20951)
SEC. 2-11.3.   REAL PROPERTY ACQUISITIONS WHERE CONSIDERATION EXCEEDS $500,000.
   If the consideration to be paid by the city for a proposed acquisition of an
interest in real property exceeds $500,000, the city manager must obtain two
independent fee appraisals of the real property interest to assist in
determining the current market value of the real property interest to be
acquired by the city. To the extent allowed by law and after a review of the
specific circumstances, the city council may, by resolution, waive the
requirement for two independent fee appraisals established under this section
and require only one independent fee appraisal instead. (Ord. Nos. 20818;
26804)
SEC. 2-12.   LEGAL ADVICE.
   Whenever any officer desires legal advice with regard to the performance of
his official duties, he shall apply to the city attorney for the same, and be
guided by his opinion in the matter. (Code 1941, Art. 19-5)
SEC. 2-13.   PUBLIC UTILITIES TO PAY EXPENSE OF OFFICE OF SUPERVISOR OF PUBLIC
UTILITIES - GENERALLY.
   All expenses and disbursements in connection with the maintenance and
operation of the office of supervisor of public utilities, including all
salaries of clerks, assistants, engineers, accountants, and the duly appointed
supervisor, shall be paid pro rata each month by the public service utilities
(exclusive of those operating on an annual flat charge basis), which are
subject to supervision by the supervisor of public utilities, under any law,
charter provision or franchise requirement. The pro rata contribution of each
public service utility shall be in relation to its preceding calendar year
gross receipts and shall be a percentage in relation to the calendar year total
gross receipts of all such public service utilities (exclusive of those
operating on an annual flat charge basis); provided, however, that any direct
pro rata contribution exempt by franchise provisions in which a per cent gross
receipts tax is provided in lieu of direct contribution to the payment on the
salary and expenses and charges of the supervisor of public utilities, and of
his assistants and subordinates shall be paid by the city from its general fund
and in conformity with required budgetary practice. The Dallas Railway &
Terminal Company shall pay a pro rata contribution in the relation that its
total gross receipts for the preceding calendar year bears to the calendar year
total gross receipts of all such public service utilities (exclusive of those
operating on an annual flat charge basis). The moneys collected under this
section shall be deposited to the credit of the general fund of the city. (Ord.
6622)
SEC. 2-14.   SAME - NOTICE REQUIRED.
   All payments due direct from any public service utility shall be made
monthly on notice from the supervisor of public utilities and such payment
received from public service utilities shall be made to the city and credited
to the general fund, to apply on the maintenance and operation expense of the
office of supervisor of public utilities. (Ord. 3488)
SEC. 2-15.   SAME - “GROSS RECEIPTS” DEFINED.
   Gross receipts means such term as is defined by the provisions of the
several franchises and shall apply to each utility company only in the manner
set forth in the franchise of each such utility. If the term “gross receipts”
is not used in the franchise of any utility subject to Section
2-13 then it shall include whatever equivalent term was used. (Ord. 3488)
SEC. 2-16.   EMINENT DOMAIN PROCEEDINGS FOR PERSONAL PROPERTY.
   (a)   When the city council considers it necessary for a public purpose, the
city may condemn public or private personal property, located inside or outside
the city, for any purpose authorized by state law or the city charter.
   (b)   The procedures used to condemn personal property will be the same as
those provided by state law for the condemnation of real property at the time
condemnation proceedings are initiated for the personal property.
   (c)   The measure of damages for the condemnation of personal property is
the local market value of the property at the time of the special
commissioners’ hearing, and, when less than the entire property is condemned,
any damage to the remaining property. The remainder damage will be measured by
the loss, if any, in the market value of the remaining property that is
proximately caused by the condemnation, considering the extent of the injury
and benefit to the remaining property. The injury or benefit considered must be
peculiar to the property owner and must relate to the property owner’s
ownership, use, or enjoyment of the property, but may not include any injury or
benefit that the property owner experiences in common with the general
community. (Ord. 25464)
SEC. 2-17.   PAYMENT OF COST OF PUBLISHING ORDINANCE GRANTING FRANCHISE OR
CLOSING STREET.
   The payment of the costs of publishing the ordinance, in the amount of $20,
shall be made a condition precedent to the granting of any request by the city
council for any franchise or the clearing of title by the abandoning or closing
of any street or alley. Such sum shall be paid in advance by the person seeking
such special privilege or franchise or the abandoning or closing of any street
or alley within five days after the granting of the request and prior to the
publication of the ordinance making the request effective. (Code 1941, Art.
117-3; Ord. 3756)
SEC. 2-17.1.   FISCAL NOTES.
   (a)   The city manager shall prepare a fiscal note to accompany any proposed
project or program presented to the city council if the project or program
increases or decreases revenues or causes the expenditure or diversion of funds
and the project or program is:
      (1)   to be considered by ordinance or resolution as an unbudgeted item;
      (2)   new and is to be considered as a part of the adoption of the annual
budget; or
      (3)   to be considered as part of the adoption of a bond program.
   (b)   A fiscal note shall include a statement of estimated revenues and
expenditures that will result from a proposed project or program in the current
and at least two future fiscal years.
   (c)   The city manager or his designee shall develop procedures and
standardized formats in which to present fiscal impact information. (Ord. No.
17938)
SEC. 2-17.2.   SELECTION OF CITY AUDITOR; NOMINATING COMMISSION.
   (a)   Before the end of each term of a city auditor, or at such other times
when a vacancy occurs or is anticipated to occur in the office of city auditor,
the city council shall appoint a nominating commission to select a city auditor
in accordance with Chapter IX, Section 1 of the city charter. The commission
shall be composed of five members, including a chair and vice-chair, meeting
the following qualifications:
      (1)   One member must be a representative selected by the board of
directors of the Dallas Chapter of one of the following professional
organizations, including the: Texas Society of Certified Public Accountants
(TSCPA); Institute for Internal Auditors (IIA); Information Systems Audit and
Control Association, Inc. (ISACA); Financial Executives International (FEI);
Association of Government Accountants (AGA); or other such organizations
experienced in accounting and auditing.
      (2)   Four members must meet any one of the following qualifications:
         (A)   Be a current or former managing or founding partner of a multi-
national public accounting firm with offices located in the city, excluding any
firm under current contract with the city to provide external audit services.
         (B)   Be one of the following persons associated with a publicly-
traded company headquartered in Dallas County that has at least 500 million
dollars in annual revenue:
            (i)   the current or former chief financial officer;
            (ii)   the current or former chief auditor of an internal audit
group; or
            (iii)   the current or former chief executive officer.
         (C)   Be a former mayor or council member of the city.
         (D)   Be a current or former city auditor of the city.
   (b)   A person appointed to the city auditor nominating commission under
Subsection (a)(2) or (a)(3)(B) of this section is not required to be a resident
or qualified voter of the city of Dallas.
   (c)   The commission shall, within 15 days after being appointed, hold its
first meeting to consider nomination of a person to serve as city auditor.
Within 180 days after its first meeting, the commission shall nominate to the
city council one or more candidates for city auditor selected by a majority of
the commission members. The city council shall, within 30 days after receipt of
the nomination, accept one of the nominated candidates or reject all of the
candidates.
   (d)   If the city council rejects all candidates nominated for city auditor,
it shall immediately notify the commission and request the nomination of
different
candidates. Commission members shall serve until the city council accepts a
candidate nominated by them to be city auditor.
   (e)   The director of human resources of the city shall assist the
commission, when necessary, in seeking and screening applicants for the
position of city auditor.
   (f)   Notwithstanding Subsections (a) through (e) of this section, at the
end of a city auditor’s term (including any period in which a city auditor is
holding over), the city council government performance and financial management
committee may, on its own initiative or at the direction of the city council,
act as a nominating commission and, by a majority vote, nominate the incumbent
city auditor for reappointment by the full city council. If a majority of the
government performance and financial management committee does not vote to
nominate the incumbent city auditor for another term, or if, upon receiving the
nomination from the finance and audit committee, a majority of the city council
does not vote to reappoint the incumbent city auditor for another term, then
the nominating process described in Subsections (a) through (e) must be
followed. (Ord. Nos. 20457; 21157; 22026; 22277; 22414; 25495; 25808; 30969)
SEC. 2-17.3.   NONDISCRIMINATION IN THE PROVISION OF CITY SERVICES.
   (a)   The city of Dallas will not discriminate because of a person's race,
color, age, religion, marital status, sexual orientation, gender identity and
expression, genetic characteristics, national origin, disability, military or
veteran status, sex, political opinions, or affiliations in the provision of
services to the general public.
   (b)   This section 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. Nos. 25041; 30828)
ARTICLE II.
ASSISTANT CITY ATTORNEYS.
SEC. 2-18.   QUALIFICATIONS AND APPOINTMENT.
   The city attorney shall select and nominate such assistants, including those
assigned to the municipal courts, as the city council shall determine are
necessary. Each position must be filled by a licensed attorney at law and must
be confirmed by the city council. (Code 1941, Art. 20-1; Ord. Nos. 7956; 13439;
22026; 24410)
SEC. 2-19.   DUTIES.
   Under the direction and control of the city attorney, assistant city
attorneys shall perform all duties required by the city charter, the Dallas
City Code, and any other ordinance or regulation which is enacted by the city
council. All powers which are conferred by the city charter on the city
attorney may be exercised by assistant city attorneys. (Code 1941, Art. 20-2;
Ord. 14995)
SEC. 2-20.   COMPENSATION.
   Each of the assistant city attorneys shall receive such compensation for his
services as may be fixed by the city council at the time of his appointment.
(Code 1941, Art. 20-3)
SEC. 2-20.1.   GUEST ASSISTANT CITY ATTORNEY PROGRAM.
   (a)   The city attorney is authorized to conduct a volunteer program known
as the guest assistant city attorney program. The purpose of the program is to
allow attorneys who are employed by private law firms or organizations that
provide pro bono legal services to obtain valuable trial experience on a
temporary and voluntary basis while, at the same time, providing a public
service that benefits the city and its citizens.
   (b)   The city attorney may, without further city council approval, enter
into arrangements with private law firms and organizations that provide pro
bono legal services within the city through which volunteer attorneys are
recommended and provided by the law firms and pro bono legal service
organizations to perform work in hearing officer’s court, municipal court, and
other courts, and to appear before city, state, or federal boards, commissions,
and agencies.
   (c)   To participate in the guest assistant city attorney program, a
volunteer attorney:
      (1)   must be approved by the city attorney;
      (2)   pass a conflict of interests check and a background check; and
      (3)   may not owe the city any delinquent taxes, fees, charges, or
penalties.
   (d)   While participating in the guest assistant city attorney program, a
volunteer attorney is not an employee of the city, except that, for purposes of
the city’s officer and employee liability plan, a volunteer attorney is deemed
a plan member under Section
31A-4(5)(D) of this code. The city is not liable for compensation or benefits
(including but not limited to workers’ compensation insurance coverage) to be
paid to the volunteer attorney during the period of participation in the guest
assistant city attorney program. Nothing in this section, or in any other
provision of this code, may be construed to require the city to pay a volunteer
attorney or the attorney’s firm or organization for services rendered during
the period of the volunteer attorney’s participation in the program.
   (e)   A volunteer attorney, while participating in the guest assistant city
attorney program, is subject to the direction of the city attorney and to the
direction of any assistant city attorney designated to supervise the volunteer
attorney.
      (1)   Guest assistant city attorneys prosecuting cases in municipal
court. A volunteer attorney may prosecute cases in the municipal court and
perform tasks incidental to work as a municipal prosecutor, if directed by the
city attorney. For purposes of this article, the city charter, and Section
45.201 of the Texas Code of Criminal Procedure, as amended, a volunteer
attorney participating in the guest assistant city attorney program is deemed
an assistant city attorney while carrying out the limited duties of prosecuting
cases in municipal court and performing tasks incidental to work as a municipal
prosecutor.
      (2)   Guest assistant city attorneys not prosecuting cases in municipal
court. A volunteer attorney may handle cases in hearing officer’s court or
other courts, or appear before city, state, or federal boards, commissions, and
agencies, and perform tasks incidental to those duties, if directed by the city
attorney. For purposes of this article, the city charter, as amended, and any
other applicable laws, a volunteer attorney participating in the guest
assistant city attorney program is deemed an assistant city attorney while
carrying out the limited duties of handling cases in hearing officer’s court
and other courts, and appearing before city, state, or federal boards,
commissions, and agencies, and performing tasks incidental to those duties.
   (f)   While participating in the guest assistant city attorney program, a
volunteer attorney may not:
      (1)   perform any legal work for the city other than work described in
this section and approved by the city attorney or any assistant city attorney
designated to supervise the volunteer attorney; or
      (2)   represent any person in a lawsuit, claim, or other proceeding to
which the city is a party, if the interests of that person are adverse to the
interests of the city.
   (g)   While participating in the guest assistant city attorney program, a
private law firm or organization that provides pro bono legal services may not
represent any person in a lawsuit, claim, or other proceeding to which the city
is a party, if the interests of that person are adverse to the interests of the
city.
   (h)   A volunteer attorney, while participating in the guest assistant city
attorney program, is subject to the restrictions of
Chapter 12A of this code, as amended. A violation of any provision of
Chapter 12A, this section, or a directive of the city attorney or any assistant
city attorney designated to supervise the volunteer attorney may result in
termination of the volunteer attorney’s participation in the program. The city
attorney may also, in the city attorney’s discretion, terminate any arrangement
with the private law firm or organizations that provide pro bono legal services
that employs a volunteer attorney who commits a violation of any provision
described in this subsection.
(Ord. Nos. 24219; 30089)
ARTICLE III.
MANAGEMENT AND SALE OF CITY-OWNED REAL PROPERTY.
Division 1. Generally.
SEC. 2-21.   INVENTORY OF REAL PROPERTY.
   The city manager shall maintain, as part of the city’s computerized fixed
asset system, a descriptive roster of real property owned by the city. (Ord.
Nos. 17259; 28684)
SEC. 2-22.   EXAMINATION OF NEED.
   The city manager shall conduct an annual examination of the need for city-
owned real property. In conducting this analysis, the city manager shall
consider the city’s real property requirements expressed through master plans
for public facilities, including, but not limited to, libraries, water and
wastewater, police and fire, district service centers, streets, and parks. If
no need currently or prospectively exists as identified by specific master
plans, the real property shall be considered unneeded, and the city manager
shall report these findings to the city council and, when appropriate, submit
an analysis including zoning, land uses, and development potential in the
vicinity of the property. (Ord. Nos. 17259; 28684)
SEC. 2-23.   DECISION TO SELL.
   The city council shall determine whether real property should be offered for
sale by the city and whether any limitations should be placed on the future use
of the property. (Ord. Nos. 17259; 28684)
SEC. 2-24.   PROCEDURES FOR THE SALE OF UNNEEDED REAL PROPERTY BY FORMAL BID OR
NEGOTIATION.
   (a)   In addition to the requirements of Chapter 272 of the Texas Local
Government Code, as amended, and except as provided in Subsection (f) of this
section, the city manager shall follow the procedures described in this section
for the sale of real property other than property used as public right-of-way.
   (b)   If property has an estimated value of less than $100,000, the city
staff shall make an appraisal of the property to determine fair market value.
If property has an estimated value of $100,000 or more, the city manager shall
obtain an independent appraisal of the property to determine fair market value.
The appraisal shall be prepared for the city, and the appraiser shall be
selected by the city manager.
   (c)   In order to publicize the availability of property for sale and to
attract the attention of all potential buyers, at least 60 days before
initiation of formal bid procedures, the city manager shall:
      (1)   prepare a notice of the contemplated offer for sale and descriptive
information and send it to:
         (A)   all property owners within 200 feet of the property;
         (B)   real estate brokers known to be active within the immediate
community; and
         (C)   neighborhood associations within the immediate community;
      (2)   place a “for sale” sign or signs on the property; and
      (3)   if the estimated value of the property is more than $100,000 and
the property can be developed independently under the Dallas Development Code
and the Dallas Building Code, place display advertising giving notice of
availability of the property in appropriate newspapers or periodicals.
   (d)   If the property can be developed independently under the Dallas
Development Code and the Dallas Building Code and there is evidence of an
interest in the purchase of the property, the city manager shall initiate
formal bid procedures in accordance with state law and send bid invitations to
potential buyers.
   (e)   If the property cannot be developed independently under the Dallas
Development Code and the Dallas Building Code or is otherwise exempted from bid
procedures and publication requirements under state law and there is evidence
of an interest in the purchase of the property, the city manager shall initiate
negotiations for the sale of the property in accordance with Chapter 272 of the
Texas Local Government Code, as amended.
   (f)   This section does not apply to:
      (1)   the sale or exchange of land to other governmental entities; or
      (2)   the sale of real property by public auction under Section
2-24.1 of this division.
   (g)   The procedures required by this section that are not required by state
law may be waived or modified, by city council resolution, with respect to a
particular parcel of land. (Ord. Nos. 17259; 17457; 20559; 28684)
SEC. 2-24.1.   PROCEDURES FOR THE SALE OF UNNEEDED REAL PROPERTY BY PUBLIC
AUCTION.
   (a)   Instead of selling real property pursuant to Section
2-24 of this division, the city may sell real property by public auction in
accordance with this section and Sections 253.008 and 272.001 of the Texas
Local Government Code, as amended.
   (b)   Before real property is offered for sale at a public auction, the city
council, by resolution, shall authorize the sale by public auction and
establish a reserve amount for the property that will be the minimum price
acceptable to the city for that property.
   (c)   Notice of a public auction for the sale of real property must be
published once a week, for three consecutive weeks before the auction, in a
newspaper of general circulation in a county in which the city is located, and,
if the real property is located in another county, in a newspaper of general
circulation in the county in which the property is located. The first
publication of the notice must be before the 20th day before the date of the
auction. The notice must include:
      (1)   the description and location of the real property;
      (2)   the date, time, and location of the public auction; and
      (3)   the procedures to be followed at the public auction.
   (d)   A public auction to sell real property must be conducted in accordance
with procedures established by the city manager that are not in conflict with
this division, the city charter, Sections 253.008 and 272.001 of the Texas
Local Government Code, as amended, or other applicable law.
   (e)   The procedures required by this section that are not required by state
law may be waived or modified, by city council resolution, with respect to a
particular parcel of land. (Ord. 28684)
SEC. 2-25.   TYPE OF CONVEYANCE.
   The city attorney shall determine the type of conveyance or other instrument
to be executed by the city prior to the initiation of formal bid procedures or
public auction procedures, and this information may be included in the notice
when necessary. (Ord. Nos. 17259; 28684)
SEC. 2-26.   BIDDER INFORMATION.
   A bidder for the purchase of real property or an interest in real property
from the city, whether bidding through formal bid procedures or at a public
auction, must state the full name of the prospective purchaser as it should
appear in an instrument of conveyance. If a bid is made on behalf of another
person, firm, trust, partnership, association, or corporation, disclosure of
the facts relating to the agency may be required by the city manager. Failure
to furnish the information upon request, before or after bid acceptance, is
grounds for rejection of a submitted or accepted bid. (Ord. Nos. 17259; 28684)
SEC. 2-26.1.   CITY MANAGER RECOMMENDATION AND AWARD OF SALE.
   (a)   Formal bid procedures and negotiated sales. After receipt and
tabulation of bids using formal bid procedures or after reaching agreement for
a negotiated sale under Section
2-24 of this division, the city manager shall make a recommendation to the city
council. The city council may act by resolution to award or reject the sale.
Upon approval, the city attorney shall prepare and the city manager shall
execute an appropriate instrument of conveyance.
   (b)   Public auction.
      (1)   After receipt and tabulation of bids at a public auction under
Section
2-24.1 of this division, the city manager shall determine whether the highest
qualifying bid equals or exceeds the reserve amount established by the city
council for the real property.
      (2)   If the highest qualifying bid at the public auction equals or
exceeds the reserve amount established for the property, the city manager may,
without further council action, execute with the successful bidder a purchase
and sales agreement and an appropriate instrument of conveyance, as prepared by
the city attorney.
      (3)   If the highest qualifying bid is less than the reserve amount
established for the property, the city manager shall make a recommendation to
the city council, and the city council may, by resolution, accept or reject the
sale. Upon approval of a sale by the city council, the city attorney shall
prepare and the city manager shall execute a purchase and sales agreement and
an appropriate instrument of conveyance.
      (4)   For purposes of this subsection, “highest qualifying bid,” means
the highest bid received from a prospective purchaser who is financially
capable of purchasing the property and meets all qualifications established by
the city for ownership of the property. (Ord. Nos. 17259; 28684)
SEC. 2-26.2.   ABANDONMENT OF PUBLIC RIGHTS-OF-WAY.
   (a)   Application by property owner. A property owner whose property abuts a
public right-of-way may apply to the city manager for abandonment, in whole or
in part, of the abutting right-of-way. An application must be accompanied by:
      (1)   a nonrefundable application fee of $4,595, plus recording fees;
      (2)   the written concurrence of all persons who own property abutting
the area proposed to be abandoned; and
      (3)   copies of recorded deeds showing current ownership of all property
abutting the area proposed to be abandoned.
   (b)   Investigation and notice. Upon receipt of an application for
abandonment of a public right-of-way, the city manager or the city manager’s
designee shall investigate the request and send written notice of the requested
abandonment to all affected city departments, all public service franchise
holders, and, if the proposed right-of-way abandonment is outside of the
central business district freeway loop, then to all persons owning property
within 300 feet of the right-of- way proposed to be abandoned.
   (c)   Date of valuation. The date for establishing the market value of the
area proposed to be abandoned is the date the abandonment request is considered
by the city council. Any independent appraisal used to establish market value
for an abandonment must be performed not more than 180 days before the date on
which the city council considers the abandonment request. The city manager or
the city manager’s designee may require that a more current independent
appraisal be performed at the applicant’s expense if the city manager or the
city manager’s designee determines that the market value of the proposed
abandonment area has significantly changed since the date of the last
independent appraisal.
   (d)   Market value.
      (1)   If the estimated abandonment fee, to be established in accordance
with Subsection (f), is less than $20,000:
         (A)   the city staff may use the appraised land value per square foot,
as determined by the Dallas Central Appraisal District, of a fee simple
interest in a useable tract of an abutting property to determine market value
of the area proposed to be abandoned; or
         (B)   the city manager or the city manager’s designee may obtain an
independent appraisal of the property to determine the per-square- foot market
value of the area proposed to be abandoned, if the city manager or city
manager’s designee has reason to believe the proposed abandonment area has
experienced increases in property value.
      (2)   If the estimated abandonment fee is $20,000 or more, the city
manager or the city manager’s designee shall obtain an independent appraisal of
the property to determine the per-square-foot market value of the area proposed
to be abandoned.
      (3)   If an independent appraisal is obtained under Paragraph (1)(B) or
(2) of this subsection, the proposed abandonment area must be appraised as if
it were an assembled portion of the applicant’s abutting property. The
applicant shall pay the city the cost of an independent appraisal whether or
not the abandonment is approved.
   (e)   Cases of disputed value. If the first appraisal obtained by the city
is disputed by the applicant, the applicant shall obtain a second independent
appraisal at the applicant’s expense. If the city manager or the city manager’s
designee determines that there is a substantial difference between the two
appraisals, the city manager or the city manager’s designee shall engage an
independent appraiser to perform a review appraisal, the cost of which must be
paid by the applicant. The city manager or the city manager’s designee shall
then make a final determination of market value, which will be binding upon
both parties.
   (f)   Fees for abandonment. Before the city council authorizes the
abandonment of all or part of a public right-of-way, the applicant shall pay an
abandonment fee calculated in accordance with one of the following methods:
      (1)   Fee for a street, alley, or storm water management area
abandonment: an amount equal to the square footage of the area abandoned x the
market value of the area per square foot, or a $7,800 processing fee, whichever
is greater. If property rights are retained by the city, the appraiser may, if
warranted, discount the market value up to, but not exceeding:
         (A)   15% for a full abandonment with any encumbrance or easement
retained;
         (B)   30% for an air rights abandonment;
         (C)   70% for a subsurface rights abandonment; and
         (D)   85% for an air rights abandonment deed restricted against use.
      (2)   Fee for an abandonment of a utility or drainage easement originally
dedicated to the city at no cost: $7,800 processing fee, plus $1,000 for each
easement in excess of five being abandoned.
      (3)   Fee for an abandonment of a utility or drainage easement originally
purchased by the city: an amount equal to the greatest of:
         (A)   the square footage of the area abandoned x the market value of
the area per square foot x 50%;
         (B)   the square footage of the area abandoned x the per-square-foot
purchase price of the easement when originally purchased by the city; or
         (C)   a $7,800 processing fee.
      (4)   Fee for an abandonment of a street, alley, or storm water
management area originally dedicated at no cost to the city when the original
dedicator applies for abandonment before the sale of abutting property has been
made: $7,800 processing fee.
   (g)   Other abandonment regulations. The following regulations govern
abandonment of public rights-of-way when applicable:
      (1)   If additional property owned by an applicant in the area of the
proposed abandonment is needed by the city for public streets or other public
purposes, the applicant may be allowed a square foot for square foot credit
against the area to be abandoned. If the area dedicated to the city exceeds the
area abandoned, the applicant will be charged only a $4,250 application fee, a
$5,400 processing fee, and recording fees.
      (2)   An applicant will not be allowed a credit against the proposed
abandonment for the dedication of a utility easement or the conversion of a
right-of-way to a utility easement.
      (3)   An applicant will not be allowed a credit against the proposed
abandonment for conversion of a right-of-way to a private street, private
alley, or private drive, except when allowed under Subsection (h) of this
section.
      (4)   The fees and procedures specified in this section, except for the
processing fees required by Subsections (f), (g)(1), and (h)(4), may be waived
or modified for a particular parcel of land upon approval of the city council,
unless otherwise provided by another city ordinance, the city charter, or state
law.
   (h)   Abandonment credit for private streets, alleys, and drives.
      (1)   An applicant will be allowed a credit against the proposed
abandonment of a public right-of- way in a residential development if the
applicant is a developer who has acquired an area for development and agrees to
construct the following or is a homeowner or homeowner association who desires
to convert existing public streets and alleys in a development into the
following:
         (A)   private streets and private alleys in an R, R(A), D, D(A), TH,
TH(A), CH, or central area district, as defined in the Dallas Development Code,
adequate to serve the area’s development, provided that:
            (i)   each private street or private alley complies with all
standards and requirements governing private streets and alleys set forth in
Section
51A-4.211 of the Dallas Development Code;
            (ii)   the applicant obtains a special use permit for each private
street or private alley as required by Section
51A-4.211 of the Dallas Development Code;
            (iii)   the applicant agrees to accept full responsibility for
maintenance of each private street or private alley; and
            (iv)   any existing public street or alley, when converted to a
private street or alley, may not be altered except as necessary to maintain the
street or alley in the same or better condition;
         (B)   private drives in an MF or MF(A) district, as defined in the
Dallas Development Code, provided that:
            (i)   each private drive is built to the same specifications as a
street dedicated to public use, with a minimum width of 24 feet with no curb
requirement, when adjacent to parking, and a minimum width of 20 feet with a
curb requirement, when not adjacent to parking; and
            (ii)   each private drive contains service easements including, but
not limited to, utilities, fire lanes, street lighting, government vehicle
access, mail collection and delivery access, and utility meter reading access;
or
         (C)   private drives in a multifamily housing development located
within a planned development district, provided that:
            (i)   each private drive or portion of a private drive for which a
credit is claimed is located within the city’s Intown Housing Program area,
which is described in Resolution Nos. 93-1822 and 96-0279 as that area
contained within a one-mile radius of the central business district;
            (ii)   each private drive is built to the same specifications as a
street dedicated to public use, with a minimum width of 24 feet with no curb
requirement, when adjacent to parking, and a minimum width of 20 feet with a
curb requirement, when not adjacent to parking;
            (iii)   each private drive contains service easements including,
but not limited to, utilities, fire lanes, street lighting, government vehicle
access, mail collection and delivery access, and utility meter reading access;
and
            (iv)   only that portion or side of a private drive that abuts
property used exclusively for multifamily housing is eligible for the credit.
      (2)   A private street, private alley, or private drive for which a
credit is allowed must be restricted to residential uses only for 40 years from
the date of passage of the abandonment ordinance, unless the restriction is
sooner removed by ordinance of the city council. If the restriction is removed
before the 40-year period expires, the applicant, or the applicant’s heirs,
successors, or assigns, shall pay a nonprorated abandonment fee calculated in
accordance with the requirements of this section as those requirements existed
on the date the abandonment ordinance was originally passed.
      (3)   If a public right-of-way is abandoned under this subsection to a
homeowner association for conversion to a private street, private alley, or
private drive, the ordinance authorizing the abandonment must include a
provision stating that, if the homeowner association becomes defunct, each
individual homeowner, and each homeowner’s heirs, successors, and assigns,
shall become liable for all of the terms and conditions of the abandonment
ordinance.
      (4)   Before the city council authorizes the abandonment of all or part
of a public right-of-way for conversion to a private street, private alley, or
private drive for which a credit is allowed under this subsection, the
applicant shall pay a fee of $5,400 for processing the transaction, plus all
applicable application, appraisal, and recording fees. (Ord. Nos. 17642; 18056;
19455; 19875; 23345; 24051; 24057; 25048; 25651; 26598; 27980; 28684; 29477;
32310)
SEC. 2-26.3.   RESERVED.
   (Repealed by Ord. No. 23694)
Division 2. Alternate Manner of Sale of Real Property to Nonprofit
Organizations for Affordable Housing.
SEC. 2-26.4.   PURPOSE.
   (a)   It is the intent of the city council in adopting this division to
establish, in accordance with Section 253.010 of the Texas Local Government
Code, as amended, an alternate manner of sale of tax-foreclosed and seized real
property to nonprofit organizations to provide for affordable housing in the
city.
   (b)   Nothing in this division may be construed to require the city council
to approve the sale of land to a nonprofit organization, to approve zoning
changes for the land, or to provide funding for any proposal submitted under
this division. (Ord. Nos. 23713; 24046; 25443)
SEC. 2-26.5.   DEFINITIONS.
   In this division:
      (1)   AFFORDABLE HOUSING means:
         (A)   owner-occupied housing that:
            (i)   is sold or resold under this division to a low-income
individual or family; and
            (ii)   has a purchase price and an estimated appraised value at
acquisition that does not exceed 95 percent of the “HUD 203B” maximum mortgage
amounts established and published annually by HUD in Part 203, Title 24 of the
Code of Federal Regulations, as amended; or
         (B)   renter-occupied housing for which housing expenses do not exceed
HUD fair market rents, as defined in Part 888, Title 24 of the Code of Federal
Regulations, as amended.
      (2)   DIRECTOR means the director of the department designated by the
city manager to administer this division, or the director’s authorized
representative.
      (3)   HUD means the United States Department of Housing and Urban
Development.
      (4)   LAND or PROPERTY means any real property that has been acquired by
the city, for itself or as trustee for any other taxing unit, pursuant to
Chapters 33 and 34 of the Texas Property Tax Code, as amended, by:
         (A)   foreclosure of a tax lien; or
         (B)   seizure.
      (5)   LAND ASSEMBLY PROGRAM means a city program established by
Resolution No. 97-1504, as amended, that provides for the sale of tax-
foreclosed properties to qualified nonprofit organizations for the furtherance
of city-approved public purposes.
      (6)   LOW-INCOME INDIVIDUAL OR FAMILY means an individual or family whose
annual income does not exceed 80 percent of the median income for the Dallas
Standard Metropolitan Statistical Area, as determined annually by HUD, with
adjustments for smaller and larger families.
      (7)   NONPROFIT ORGANIZATION means:
         (A)   a nonprofit corporation described by 26 U.S.C. Section 501(c)(3)
that:
            (i)   has been incorporated in the State of Texas for at least one
year;
            (ii)   has a corporate purpose to develop affordable housing that
is stated in its articles of incorporation, bylaws, or charter;
            (iii)   has at least one-fourth of its board of directors residing
in the city; and
            (iv)   engages primarily in the building, repair, rental, or sale
of housing for low-income individuals and families; or
         (B)   a joint venture or partnership between:
            (i)   a nonprofit corporation organized and existing under the laws
of the State of Texas that develops affordable housing for low-income
individuals and families as a primary activity to promote community-based
revitalization of the city; and
            (ii)   a nonprofit corporation or other nonprofit legal entity
composed of residents of or property owners in the community or neighborhood in
which land subject to a purchase proposal under this division is located.
      (8)   TAXING UNIT means a taxing unit, as defined in Section 1.04(12) of
the Texas Property Tax Code, as amended, that is a party to a judgment for
delinquent taxes on a property or that has acquired seized property pursuant to
a tax warrant. (Ord. Nos. 23713; 24046)
SEC. 2-26.6.   ALTERNATE METHOD OF SALE FOR TAX-FORECLOSED OR SEIZED REAL
PROPERTY.
   (a)   Notwithstanding any conflicting provision of Division 1 of this
article, land on which a tax lien has been foreclosed in favor of the city or
land that has been seized by the city may be sold to a nonprofit organization
for the purpose of providing affordable housing in accordance with this
division and Section 253.010 of the Texas Local Government Code, as amended.
The land may be located anywhere within the corporate city limits, but must be
currently zoned for residential use.
   (b)   Any nonprofit organization purchasing land under this division must
develop the land for sale or lease of affordable housing units to low-income
individuals and families within three years of obtaining a quitclaim deed from
the city. The affordable housing may be single-family or multi-family units.
   (c)   Subject to approval by the governing bodies of all other affected
taxing units, the city council may by resolution:
      (1)   approve changes to a nonprofit organization’s proposal to develop
affordable housing on land purchased from the city under this division, with
any material changes being subject to the public hearing requirements set forth
in Section
2-26.7; and
      (2)   extend the three-year development period in which a nonprofit
organization is required to construct affordable housing units on land
purchased from the city under this division. (Ord. Nos. 23713; 24046; 25443)
SEC. 2-26.7.   PURCHASE PROPOSALS BY NONPROFIT ORGANIZATIONS; PROCEDURES AND
REQUIREMENTS FOR CITY APPROVAL OR REJECTION OF PROPOSALS.
   (a)   A nonprofit organization wanting to purchase land under this division
must submit a complete proposal to the director and the director of development
services. The proposal must include all of the following information:
      (1)   Evidence that the requestor is a qualified nonprofit organization.
      (2)   A plan to develop the land as either single-family or multi-family
affordable housing for low-income individuals or families in compliance with
this code and all other applicable city ordinances and state and federal laws.
      (3)   A timetable showing the commencement of construction, completion of
construction, and occupancy of affordable housing on the land by low- income
individuals or families.
      (4)   Evidence of a citizen participation plan or the approval of area
residents of the use of the land by the nonprofit organization.
      (5)   Identification and sources of the necessary project financing.
      (6)   Evidence that the requestor is not delinquent in payment to the
city of any fees, charges, taxes, or liens, or, if delinquent, has paid at
least one- third of the total amount owed and is currently on an approved
payout arrangement with the city.
      (7)   Evidence that the requestor is current on payment of taxes and
liens owed to any other affected taxing unit under the Texas Property Tax Code.
   (b)   At the time of submitting its proposal, the nonprofit organization
must also demonstrate to the director’s satisfaction its compliance with
approved development plans and timetables for all other property that the
nonprofit organization has acquired under this division or under the city’s
land assembly program. The city may not consider the proposal of any nonprofit
organization that the director finds is not in compliance with the development
plans, timetables, this code, or other applicable city ordinances or state or
federal laws on other properties acquired under this division or the land
assembly program.
   (c)   If, after investigating the facts set forth in the proposal, the
director determines that the nonprofit organization does not meet all
requirements for receiving a quitclaim of land under this division, the
director shall reject the proposal. The director shall notify the nonprofit
organization and the director of development services in writing of the
director's decision. The notice must state the reason the proposal was rejected
and that the nonprofit organization may appeal the director's decision under
Section
2-26.14 of this division.
   (d)   If the director determines that the nonprofit organization meets all
requirements for receiving a quitclaim of land under this division, the
director shall route the proposal to the affected city departments and taxing
units for review. After receiving responses from all affected departments and
taxing units, the city manager shall recommend to the city council whether to
approve or reject the proposal.
   (e)   Not less than 10 calendar days before the city council takes action on
a proposal submitted under this section or holds a public hearing on a proposal
under Subsection (f) of this section, the director shall conspicuously post
notice of the proposal on each property that is subject to the proposal. The
notice must state that the property will be considered for purchase by a
nonprofit organization for the development of affordable housing and provide a
telephone number by which the public can obtain more information about the
proposal.
   (f)   The city council shall hold a public hearing before taking action on a
proposal submitted by a nonprofit organization described in Section
2-26.5(7)(A). The director shall send written notice of the public hearing to
all owners of real property lying within 200 feet of the boundary of the area
subject to the proposal. The measurement of the 200 feet includes streets and
alleys. The notice must be given not less than 10 calendar 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. This notice must be written in English and Spanish if
the area subject to the proposal is located wholly or partly within a census
tract in which 50 percent or more of the inhabitants are persons of Spanish
origin or descent according to the most recent federal decennial census. The
director shall also give notice of the public hearing in the official newspaper
of the city not less than 10 calendar days before the hearing date. After
notice of a public hearing has been given, a nonprofit organization may not
amend its proposal without city council approval.
   (g)   A proposal must be adopted by resolution of the city council and by an
appropriate act of the governing body of each of the other affected taxing
units before any land may be quitclaimed to a nonprofit organization under this
division. (Ord. Nos. 23713; 25047; 27697; 32002)
SEC. 2-26.8.   MULTIPLE PROPOSALS FOR THE SAME LAND.
   If two or more nonprofit organizations request the same land, their
proposals will be considered as follows:
      (1)   A nonprofit organization that needs the land as an outparcel to
complete development of an affordable housing project will be given first
preference to acquire the land.
      (2)   A nonprofit organization that is certified by the city as a
community housing development organization, as that term is defined in Part
92.02, Title 24 of the Code of Federal Regulations, as amended, will be given
second preference to acquire the land if the land is located in its
neighborhood area of emphasis for the development of affordable housing, as
that area is defined in its certification by the city.
      (3)   If none of the nonprofit organizations is entitled to preference
under Subsection (1) or (2) of this section, or if more than one of the
nonprofit organizations is entitled to preference under Subsection (1) or (2)
of this section, the city council will evaluate the competing proposals for the
land and accept the one determined to be in the best interest of the city.
(Ord. 23713)
SEC. 2-26.9.   PURCHASE PRICE OF LAND.
   (a)   A nonprofit organization that purchases land under this division shall
pay the following amounts to the city for the land:
      (1)   a fixed price of $1,000 for up to 7,500 square feet of land
purchased under a single proposal, plus $0.133 for each additional square foot
of land purchased under the proposal, which amounts will be distributed by the
city in accordance with Section 34.06 of the Texas Property Tax Code, as
amended; and
      (2)   a sum equal to the actual fees charged by the county clerk for
recording in the real property records the sheriff’s deed and the quitclaim
deed for the land.
   (b)   No amount paid under this section may be refunded by the city, even if
the land reverts to the city under Section
2-26.12. (Ord. Nos. 23713; 24046)
SEC. 2-26.10.   QUITCLAIM DEED.
   (a)   Upon approval of a proposal under this division by the city council
and the governing bodies of all other affected taxing units, the city manager
is authorized to execute a quitclaim deed, approved as to form by the city
attorney, quitclaiming the land to the nonprofit organization, subject to the
possibility of reverter with right of reentry, deed restrictions, and the terms
and conditions of this division and the proposal and subject to any redemption
rights in the property provided by state law.
   (b)   The quitclaim deed to the land must contain all of the following:
      (1)   A copy or summary of the proposal from the nonprofit organization
for the land and a requirement that the land be developed by the nonprofit
organization in accordance with the proposal and the timetable specified in the
proposal.
      (2)   A possibility of reverter with right of reentry providing that:
         (A)   the property may revert to the city of Dallas under the
conditions set forth in Section
2-26.12 of this division; and
         (B)   the nonprofit organization and its successors and assigns shall
be responsible for removal of all liens and encumbrances against the property
that have occurred since the nonprofit organization received the quitclaim deed
from the city.
      (3)   Deed restrictions that:
         (A)   restrict:
            (i)   the sale and resale of owner-occupied property to low-income
individuals or families for five years after the date the deed from the
nonprofit organization to the initial homebuyer is filed in the real property
records of the county in which the property is located; and
            (ii)   the lease or occupancy of any rental property developed on
the land to low-income individuals or families for 15 years after the date of
initial occupancy of the property;
         (B)   require the nonprofit organization, for 15 years from the date
of initial occupancy of rental property developed on the land, to maintain 50
percent of any multi-family housing units for occupancy by low-income
individuals or families as affordable housing;
         (C)   require the nonprofit organization to develop all proposed
housing units on the land in accordance with this code and all applicable city
ordinances and state and federal laws within three years after receiving the
quitclaim deed to the land, or by the end of any extended development period
approved by the city council under Section
2-26.6(c), and to obtain inspections and approval of the housing units by the
city before initial occupancy;
         (D)   require any low-income individual or family who purchases a
housing unit on the land or, if a housing unit is not owner-occupied, the
nonprofit organization that constructed the rental housing unit to maintain
each housing unit and all improvements on the land in accordance with this code
and all applicable city ordinances and state and federal laws during the five-
year or 15-year affordability period, whichever applies;
         (E)   require the five-year and 15-year affordability restrictions of
this division, whichever applies, to be enforced:
            (i)   in the case of the initial sale of owner-occupied property,
by the nonprofit organization, which must submit to the director verification
of income information for the purchasers of the housing unit at least 30
calendar days prior to closing and receive the director’s written approval of
the low-income qualifications of that purchaser;
            (ii)   in the case of subsequent resales of owner-occupied
property, by the owner of the housing unit, who must submit verification to the
director of income information for a subsequent purchaser at least 30 calendar
days prior to closing and receive the director’s written approval of the low-
income qualifications of that purchaser; and
            (iii)   in the case of rental property, by the nonprofit
organization, which must submit to the director monthly tenant income and
rental information as specified and required by the director and permit the
city to conduct annual inspections of rental property for compliance with this
code and all applicable city ordinances and state and federal laws; and
         (F)   require the nonprofit organization to provide need-based social
services to tenants of any rental property developed on the land that contains
more than 25 housing units.
      (4)   An indemnification of the city and other affected taxing units by
the nonprofit organization.
      (5)   A statement and acknowledgement that the property is quitclaimed
subject to all redemption rights provided by state law.
      (6)   Such other terms and conditions as are required by the city for the
resale of tax-foreclosed or seized property, whichever applies. (Ord. Nos.
23713; 24046; 25443)
SEC. 2-26.11.   RESTRICTIONS ON USE OF LAND.
   (a)   A nonprofit organization may sell or lease housing units developed on
the property only to low-income individuals and families under the terms,
conditions, and restrictions of this division and the nonprofit organization’s
proposal and quitclaim deed.
   (b)   Land quitclaimed to a nonprofit organization under this division may
be resold to another nonprofit organization prior to development without the
property reverting to the city if:
      (1)   the city manager recommends the resale after reviewing the new
proposal submitted in compliance with Section
2-26.7; and
      (2)   the resale is approved by the city council and the governing bodies
of all other affected taxing units.
   (c)   Land quitclaimed to a nonprofit organization under this division may
not otherwise be resold, conveyed, or transferred prior to completion of the
development of affordable housing on the land and occupancy of the housing by
low-income individuals and families, except that a nonprofit organization may
grant a security interest in the property for purposes of developing the land,
subject to the city’s possibility of reverter with right of reentry and the
terms, conditions, and restrictions of this division and the nonprofit
organization’s proposal and quitclaim deed. (Ord. 23713)
SEC. 2-26.12.   POSSIBILITY OF REVERTER WITH RIGHT OF REENTRY.
   (a)   Land acquired by a nonprofit organization under this division may
revert to the city if the director determines that the nonprofit organization:
      (1)   has failed to take possession of the land within 90 calendar days
after receiving the quitclaim deed to the land;
      (2)   has failed to complete construction of affordable housing on the
land within three years after receiving the quitclaim deed to the land, or by
the end of any extended development period approved by the city council under
Section
2-26.6(c);
      (3)   is not developing the land in compliance with the timetable
specified in the nonprofit organization’s proposal;
      (4)   is unable to develop the land in compliance with its proposal
because a request for a zoning change has been denied;
      (5)   has incurred a lien on the property because of violations of this
code or other city ordinances within three years after receiving the quitclaim
deed to the land; or
      (6)   has sold, conveyed, or transferred the land without the consent of
the city and other affected taxing units within three years after receiving the
quitclaim deed to the land.
   (b)   Upon determination by the director that a condition described in
Subsection (a) of this section has occurred, the city manager is authorized to
execute an instrument, approved as to form by the city attorney, exercising
against the land the city’s possibility of reverter with right to reentry.
   (c)   The director shall file notice of the reverter and reentry of the land
by the city in the real property records of the county in which the land is
located, which notice must specify the reason for the reverter and reentry. The
director shall provide a copy of the notice to the nonprofit organization in
person or by mailing the notice to the nonprofit organization’s post office
address as shown on the tax rolls of the city or of the county in which the
land is located. (Ord. Nos. 23713; 25443)
SEC. 2-26.13.   RELEASE OF REVERTER RIGHTS AND DEED RESTRICTIONS.
   The city manager is authorized to execute instruments, approved as to form
by the city attorney, releasing the city’s possibility of reverter with right
of reentry and terminating the deed restrictions to the land upon compliance
with all terms and conditions of this division and the nonprofit organization’s
proposal. (Ord. 23713)
SEC. 2-26.14.   APPEALS.
   (a)   A nonprofit organization may appeal a decision of the director
rejecting the nonprofit organization’s proposal to purchase land under this
division if the nonprofit organization requests an appeal in writing, delivered
to the city manager not more than 10 calendar days after notice of the
director’s decision 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 based on a
preponderance of the evidence presented at the hearing.
   (c)   The hearing officer may affirm, modify, or reverse all or part of the
decision of the director being appealed. The decision of the hearing officer is
final as to available administrative remedies. (Ord. 23713)
ARTICLE IV.
PROCUREMENT.
Division 1. Purchasing and Contracting Generally.
SEC. 2-27.   DEFINITIONS.
   In this article:
      (1)   ALTERNATIVE DELIVERY METHOD means one of the methods authorized by
Chapter 2269 of the Texas Government Code, as amended, for contracting for
facility construction.
      (2)   CITY EXPENDITURE means the payment of money by the city directly to
a vendor or contractor pursuant to a city-awarded contract in consideration of
goods furnished to or services performed on behalf of the city, or in
consideration of the accomplishment of some other lawful public or municipal
purpose, regardless of the source or nature of the funds used by the city to
make payment and regardless of the form of contract used.
      (3)   COMMUNITY DEVELOPMENT ITEM means the purchase, by competitive
sealed proposal as required in Section 252.021(d) of the Texas Local Government
Code, as amended, of goods or services pursuant to a community development
program established under Chapter 373 of the Texas Local Government Code, as
amended, in which the source of the city expenditure for the purchase is
derived exclusively from an appropriation, loan, or grant of funds from the
federal or state government for community development purposes.
      (4)   DIRECTOR means the director of the department designated by the
city manager to administer this chapter or the director's authorized
representatives.
      (5)   FACILITY has the meaning given that term in Chapter 2269 of the
Texas Government Code, as amended.
      (6)   GENERAL SERVICES means insurance (including insurance-related
services such as claims adjustment and policy administration), technical
services related to the purchase of a high technology item, or other types of
manual, physical, or intellectual labor performed on behalf of the city and
purchased for a lawful municipal purpose. The term does not include personal
services, professional services, planning services, or facility construction.
      (7)   GOODS means supplies, equipment, or other personal property,
including but not limited to high technology items, purchased and used for a
lawful municipal purpose.
      (8)   GOVERNMENTAL CONTRACT has the meaning given that term in Chapter
2252, Subchapter A, Texas Government Code, as amended.
      (9)   HIGH TECHNOLOGY ITEM means an item of equipment, goods, or services
of a highly technical nature, including but not limited to:
         (A)   data processing equipment and software and firmware used in
conjunction with data processing equipment;
         (B)   telecommunications equipment and radio and microwave systems;
         (C)   electronic distributed control systems, including building
energy management systems; and
         (D)   technical services related to those items listed in Paragraphs
(A) through (C) of this subsection.
      (10)   LOCAL BUSINESS means a business with a principal place of business
within the city.
      (11)   NONRESIDENT BIDDER has the meaning given that term in Chapter
2252, Subchapter A, Texas Government Code, as amended.
      (12)   PERSONAL SERVICES means any service personally performed by the
individual with whom the city has contracted.
      (13)   PLANNING SERVICES has the meaning given that term in Section
252.001, Texas Local Government Code, as amended.
      (14)   PRINCIPAL PLACE OF BUSINESS means:
         (A)   the headquarters of a business or the primary executive or
administrative office of a business from which the operations and activities of
the business are directed, controlled, and coordinated by its officers or
owners; or
         (B)   an established office, plant, store, warehouse, or other
facility where the majority of the business' operations and activities are
conducted and located, except that a location solely used as a message center,
post office box, mail drop, or similar service or activity that provides no
substantial function to the business is not a principal place of business.
      (15)   PROFESSIONAL SERVICES means those services defined as professional
services under state law applicable to municipal purchases or contracts,
including but not limited to services provided by accountants, architects,
artists, attorneys, auditors, construction managers, court reporters, doctors,
engineers, interior designers, optometrists, real estate appraisers, registered
nurses, land surveyors, scientists, and teachers.
      (16)   SERVICE ORDER means an authorization to make a payment under
$3,000, without the requirement of a contract, and on a form approved by the
city attorney. (Ord. Nos. 24243; 24410; 25047; 25819; 27697; 28705; 30654;
30828; 31872)
SEC. 2-28.   OFFICE OF PROCUREMENT SERVICES; POWERS AND DUTIES OF THE DIRECTOR
AS CITY PURCHASING AGENT.
   (a)   There is hereby created a division of the city manager's office to be
known as the office of procurement services, the head of which shall be the
director of procurement services who shall be appointed by the city manager and
who shall be a person professionally competent by experience and training to
manage the office. The office will be composed of the director of procurement
services and such other assistants and employees as the city council may
provide by ordinance upon recommendation of the city manager.
   (b)   The director of procurement services shall perform the following
duties:
      (1)   Direct and administer the office of procurement services.
      (2)   Serve, or designate a person to serve, as the city purchasing
agent.
      (3)   Except where otherwise directed in this code, supervise all
purchases by the city, other than real property, in accordance with this
article and state law.
      (4)   Sell personal property of the city not needed for public use.
      (5)   Keep accurate inventories of all property under the director's
supervision.
      (6)   Maintain the store rooms and warehouses placed under the director's
supervision.
      (7)   Perform such other duties as are assigned by the city manager.
(Code 1941, Art. 27-1; Ord. Nos. 13104; 17157; 18094; 19312; 21674; 24243;
24410; 25047; 25819; 27697; 30654)
SEC. 2-29.   APPROVAL OF PLANS AND SPECIFICATIONS.
   (a)   Except as provided in this section, if the director determines that
preparation of plans and specifications is necessary and practical for the
purchase of goods, general services, or facility construction, the director
shall require the preparation of the plans and specifications in cooperation
with the department concerned. The plans and specifications must be approved by
the director of the department concerned. If the plans and specifications are
approved, the director shall keep a copy of the plans and specifications on
file in the director's office and make the copy available for public inspection
in accordance with the state law requirements governing the retention of
records. The director may dispose of any plans and specifications that have
been on file in the director's office in accordance with the state law
requirements governing the disposal of records.
   (b)   This section does not apply to plans and specifications for facility
construction. (Ord. Nos. 12755; 13104; 14885; 17700; 18850; 19312; 20061;
24243; 25819; 30828; 31872)
SEC. 2-30.   GENERAL DELEGATION OF CONTRACTING AUTHORITY.
   (a)   Pursuant to Chapter XXII, Section 2(b) of the city charter, the city
council shall, by ordinance, establish rules under which a contract may be let
without city council approval. This section is established for that purpose. To
the extent that this section, the city charter, or another provision of this
code does not delegate approval authority for a particular contract, contract
amendment, or other legal instrument, it is presumed that the contract,
contract amendment, or other legal instrument must be approved by the city
council.
   (b)   This section may not be construed to delegate authority to approve,
without city council action, any contract, contract amendment, or other legal
instrument that is required by state law to be approved by the city council.
   (c)   This section does not apply to:
      (1)   the city’s furnishing of ambulance service; water, wastewater,
storm water drainage, or sanitation utility service; or any other similar
municipal service to customers inside or outside of the city;
      (2)   a contract, contract amendment, or other legal instrument for which
approval authority is separately delegated by the city charter or another
section of this code; or
      (3)   the city’s grant of, or other action relating to, any license,
franchise, permit, or other authorization pursuant to its regulatory powers.
   (d)   The city manager is authorized to approve the following by
administrative action, without further city council action:
      (1)   A contract for the purchase of goods, general services, or facility
construction, or for any other lawful municipal purpose not specifically
described in this subsection, that requires a city expenditure not exceeding
$100,000, except that no formal administrative action is required for the
purchase of non-legal advertising placement (media buys).
      (2)   Except as provided in Paragraph (3), a change order to a contract
required by state law to be procured through competitive bid, competitive
sealed proposal, or an alternative delivery method that increases or decreases
the contract price by $50,000 or less, provided that the original contract
price may never be increased by more than 25 percent.
      (3)   A change order to a contract for facility construction (public
works project) required by state law to be procured through competitive bid,
competitive sealed proposal, or an alternative delivery method that increases
or decreases the contract price by $100,000 or less, provided that the original
contract price may never be increased by more than 25 percent.
      (4)   A contract for personal, professional, or planning services
requiring a city expenditure not exceeding $100,000, except that no formal
administrative action is required to execute a contract for real estate
appraisal services requiring a city expenditure not exceeding $50,000.
      (5)   An amendment to a contract not required by state law to be procured
through competitive bid, competitive sealed proposal, or an alternative
delivery method, which amendment increases the contract price by $100,000 or
less or causes any decrease in the contract price, except that approval of the
city council is required on an amendment that increases the contract price by
$100,000 or less if:
         (A)   the original contract price does not exceed $100,000 and the
amendment increases the total contract price to an amount greater than
$100,000; or
         (B)   the original contract price exceeds $100,000 and the amendment
increases the original contract price by more than 25 percent.
      (6)   The exercise of a renewal option of a contract required by state
law to be procured through competitive bid, competitive sealed proposal, or an
alternative delivery method, if the city expenditure required during the
renewal term does not exceed $100,000 or the renewal amount specified in the
resolution approving the original contract.
      (7)   The exercise of a renewal option of a contract not required by
state law to be procured through competitive bid or competitive sealed
proposal, if the city expenditure required during the renewal term does not
exceed $100,000 or the renewal amount specified in the resolution approving the
original contract.
      (8)   A contract with an intergovernmental agency pursuant to Chapter 791
of the Texas Government Code, as amended, that generates less than $100,000 of
revenue and does not require a city expenditure of upfront costs or other types
of funding in excess of $100,000.
   (e)   All contracts, contract amendments, or other legal instruments (except
purchase orders for supplies and equipment and change orders as described by
Chapter XXII, Section 1 of the city charter) must be signed by the city manager
and approved as to form by the city attorney. Purchase orders for supplies and
equipment must be signed by the director. Subject to the restrictions provided
by this code, the city charter, or state law, change orders may be approved by
formal administrative action or may, as the city manager directs, be signed by
the director of the department designated by the city manager to administer the
contract that is the subject of the change.
   (f)   The city manager may delegate the authority granted under this section
to the extent allowed by this code, the city charter, or state law. The city
manager may make rules and procedures, which are not in conflict with this
code, the city charter, or state law, concerning the form and substance of
administrative actions and the administration of contracting and change order
processes.
   (g)   Purchases for the park and recreation department must be made in
compliance with Chapter XVII, Section 4 of the city charter and this division.
(Ord. Nos. 24243; 25819; 28705; 30828; 31049; 31872)
SEC. 2-31.   RULES REGARDING EXPENDITURES NOT EXCEEDING $50,000.
   (a)   Except as otherwise provided by this section, all purchases of goods,
general services, or facility construction under this section must be made by
the director after giving reasonable opportunity for competition under
procedures that are established by the director, with city manager approval,
and that are consistent with the purpose of this section.
   (b)   If the city expenditure for the purchase of goods, general services,
or facility construction exceeds $3,000, price quotations from not less than
three independent vendors or contractors, if available, must be secured. If
three independent vendors or contractors are not available, the director shall
secure such price quotations as will, in the director's judgment, ensure that
the city is purchasing the property or contracting for the best quality at the
lowest possible cost. If the city expenditure for the purchase of goods,
general services, or facility construction exceeds $3,000, the director shall
follow the procedures for contacting disadvantaged businesses prescribed in
Section 252.0215 of the Texas Local Government Code, as amended.
   (c)   The director may, with prior authorization by city council resolution,
purchase goods, including high technology items, through a cooperative
purchasing program established pursuant to Chapter 271, Subchapter D, F, or G,
Texas Local Government Code, as amended, or through a cooperative purchasing
program established by interlocal agreement pursuant to Chapter 791, Texas
Government Code, as amended. Authorized participation in a cooperative
purchasing program satisfies the requirements of this section.
   (d)   The city manager may establish procedures for purchasing goods,
general services, or facility construction under this section through
electronic means, including but not limited to the Internet, to the extent the
procedures do not conflict with state law, the city charter, or other
provisions of this code.
   (e)   A contract for facility construction that requires a city expenditure
not exceeding $50,000 must provide that, in lieu of requiring performance and
payment bonds, no money will be paid to the contractor for any work under the
contract until the final completion and acceptance of the work by the city.
   (f)   The director may use a service order for minor services under $3,000,
including mail and delivery services, repair, restoration, and remediation
services necessary for a timely and efficient response to equipment failure or
facility damage. (Ord. Nos. 12755; 13104; 14885; 15279; 16801; 17700; 17777;
18850; 19312; 20061; 22434; 24243; 25819; 28705; 30828)
SEC. 2-32.   RULES REGARDING EXPENDITURES EXCEEDING $50,000.
   (a)   Advertisement. No city expenditure exceeding $50,000 may be made
without advertising for competitive bids or competitive sealed proposals
pursuant to Chapter 252, Texas Local Government Code, as amended, and this
division, or without following the advertisement requirements in Chapter 2269,
Texas Government Code, as amended, and this division, for alternative delivery
methods, except in cases of an immediate emergency, or where competitive
bidding, sealed proposal, or an alternative delivery method is not otherwise
required by state law or the city charter.
   (b)   Emergency expenditures. In cases of immediate emergency, the director
may make the necessary emergency expenditure, subject to the approval of the
city manager or a designee. If an emergency expenditure is made, a written
report setting out the emergency purchase, accompanied by a definite statement
of the occasion and the reasons for the purchase, must be submitted by the
director to the city manager for presentation to the city council for its
approval prior to payment for the purchase.
   (c)   Administratively authorized purchases. The following rules govern
purchases authorized administratively as described in Section
2-30(d)(1) of this division:
      (1)   If the purchase is for goods, the director or the director's
designee, or the city council if the purchase is being considered under
Subsection (c)(6), shall tabulate the bids or sealed proposals and shall select
the vendor or contractor with the lowest responsible bid (or with the most
advantageous proposal if the purchase is by competitive sealed proposal under
Chapter 252, Texas Local Government Code, as amended), or the vendor or
contractor who provides the best value if the bid specifications or
requirements indicate contract selection on a best value basis.
      (2)   If the purchase is for general services, the director or the
director's designee shall tabulate the bids or sealed proposals and present to
the city manager a recommendation as to the lowest responsible bidder (or as to
the most advantageous proposal if the purchase is allowed by competitive sealed
proposal under Chapter 252, Texas Local Government Code, as amended), or
present a recommendation as to who provides the best value if the bid
specifications or requirements indicate contract selection on a best value
basis. The city manager, or the city council if the contract is being
considered under Subsection (c)(6), shall select the contractor that provides
the lowest responsible bid, the most advantageous proposal, or the best value,
whichever applies.
      (3)   If the purchase is for facility construction, and an alternative
delivery method is not being used, the director or the director's designee
shall tabulate the bids or sealed proposals and present to the city manager a
recommendation as to the lowest responsible bidder or proposer. The city
manager, or the city council, if the contract is being considered under
Subsection (c)(6), shall select the contractor with the lowest responsible bid
or the most advantageous proposal.
      (4)   If the purchase is for facility construction, and an alternative
delivery method is being used, the director or the director's designee shall
present to the city manager a recommendation based on the applicable standard
in Chapter 2269, Texas Government Code, as amended.
      (5)   If, in the opinion of the city manager or the city council, if the
purchase is being considered under Subsection (c)(6) and no bid or sealed
proposal is satisfactory or it is otherwise in the best interest of the city,
the city manager or the city council may reject all bids or sealed proposals,
and the director may readvertise for competitive bids or competitive sealed
proposals.
      (6)   A member of the city council may request that a purchase or
contract be brought before the city council for consideration any time before
48 hours have elapsed after bid or proposal opening.
   (d)   Contracts requiring council approval. The following rules govern
competitive bid or sealed proposal contracts requiring a city expenditure
exceeding $100,000:
      (1)   The director or the director's designee shall tabulate the bids or
sealed proposals.
      (2)   If the purchase is for goods or general services, the city manager
shall recommend to the city council who, in the city manager's opinion,
provides the lowest responsible bid; the most advantageous proposal if the
purchase is by competitive sealed proposal under Chapter 252, Texas Local
Government Code, as amended; or the best value to the city if the bid
specifications or requirements indicate contract selection on a best value
basis. The city council shall determine which bidder provides the lowest
responsible bid, the most advantageous proposal, or the best value, whichever
applies, and, if that bidder or proposer is acceptable, approve the contract.
If, in the judgment of the city council, no bid or sealed proposal is
satisfactory or it is in the best interest of the city, then the city council
may reject all bids or sealed proposals.
      (3)   If the purchase is for facility construction, and an alternative
delivery method is not being used, the city manager shall recommend who, in the
city manager's opinion, is the lowest responsible bidder. The city council
shall determine the lowest responsible bidder and, if that bidder is
acceptable, approve the contract. If, in the judgment of the city council, no
bid or sealed proposal is satisfactory or it is in the best interest of the
city, then the city council may reject all bids.
      (4)   If the purchase is for facility construction, and an alternative
delivery method is being used, the director shall present to the city manager a
recommendation. The city manager shall then present a recommendation to the
city council. If, in the judgment of the city council, no bid, proposal, or
other offer is satisfactory or it is in the best interest of the city, then the
city council may reject all bids. All recommendations and determinations under
this subsection must be made according to the criteria set out in Chapter 2269
of the Texas Government Code, as amended.
      (5)   If all bids or sealed proposals are rejected, the city council may
authorize the director to readvertise or proceed otherwise, as may be
determined at the discretion of the city council, in accordance with state law.
The original specifications, as amended or changed, must be kept on file in the
office of the director in accordance with Section
2-29 of this division.
   (e)   Additional rules for competitive bids. The following additional rules
govern all purchases made by competitive bid, including purchases on a best
value basis, in accordance with Subsections (c) and (d) of this section:
      (1)   If there is a single responsive bid, the director, the city
manager, or the city council may consider the bid as the lowest responsible
bid.
      (2)   A nonresponsive bid has the effect of being a no bid and may not be
considered for any purpose.
      (3)   A bid that has been opened is not subject to amendment, alteration,
or change for the purpose of correcting an error in the bid price. This
restriction is not intended to alter, amend, or revoke the common law right of
a bidder to withdraw a bid due to a material mistake in the bid.
      (f)   Competitive sealed proposals. For the purchase of goods and general
services (including but not limited to community development items, high
technology items, and insurance) requiring a city expenditure exceeding
$50,000, the director may follow the competitive sealed proposal procedures
authorized in this division and in Chapter 252, Texas Local Government Code, as
amended. If the director chooses not to follow the competitive sealed proposal
process, the purchase must be competitively bid as required by this division
and by Chapter 252, Texas Local Government Code, as amended.
   (g)   Electronic procurement and reverse auctions. The city manager may
establish procedures for purchasing goods, general services, or facility
construction under this section through electronic means, including but not
limited to the Internet, to the extent the procedures do not conflict with
state law, the city charter, or other provisions of this code. The city manager
may also establish procedures for purchasing goods or general services pursuant
to the reverse auction method defined in Section 2155.062(d), Texas Government
Code, as amended, to the extent the procedures do not conflict with state law,
the city charter, or other provisions of this code.
   (h)   Competitive purchasing programs. The director may, with prior
authorization by city council resolution, purchase goods, including high
technology items, through a cooperative purchasing program established pursuant
to Chapter 271, Subchapter D, F, or G, Texas Local Government Code, as amended,
or through a cooperative purchasing program established by interlocal agreement
pursuant to Chapter 791, Texas Government Code, as amended. Authorized
participation in a cooperative purchasing program satisfies the requirements of
this section.
   (i)   Local preferences.
      (1)   Where a contract is required to be awarded to the lowest
responsible bidder and a competitive bid is received from a nonresident bidder,
the city may not award a governmental contract to the nonresident bidder unless
the nonresident's bid is lower than the lowest bid submitted by a responsible
Texas resident bidder by the same amount that a Texas resident bidder would be
required to underbid a nonresident bidder to obtain a comparable contract in
the state in which the nonresident's principal place of business is located.
This requirement does not apply to a contract involving federal funds.
      (2)   In a purchase for goods, general services, or facility construction
through competitive bid, if one or more bids are received from a local business
whose bid is within five percent of the lowest responsible bid received from a
bidder who is not a local business, a contract for facility construction in an
amount less than $100,000 or a contract for goods or general services in an
amount less than $500,000 may be awarded to:
         (A)   the bidder with the lowest responsible bid; or
         (B)   the local business if the city council determines, in writing,
that the bid submitted by the local business offers the city the best
combination of contract price and additional economic development opportunities
for the city created by the contract award, including employment of residents
of the city and increased tax revenue to the city.
      (3)   In a purchase for goods through competitive bid, if one or more
bids are received from a local business whose bid is within three percent of
the lowest responsible bid received from a bidder who is not a local business,
a contract in an amount of $500,000 or more may be awarded to:
         (A)   the bidder with the lowest responsible bid; or
         (B)   the local business if the city council determines, in writing,
that the bid submitted by the local business offers the city the best
combination of contract price and additional economic development opportunities
for the city created by the contract award, including employment of residents
of the city and increased tax revenue to the city.
      (4)   Subsection (i)(2) of this section does not apply to the purchase of
telecommunication services or information services, as those terms are defined
by 47 U.S.C. Section 153, as amended.
      (5)   Subsections (i)(2) and (i)(3) of this section do not prohibit the
city from rejecting all bids. (Ord. Nos. 24243; 25819; 28705; 30828; 31872)
SEC. 2-33.   ALTERNATIVE METHODS OF PROCUREMENT FOR FACILITY CONSTRUCTION.
   (a)   The city council finds that, in general, the methods of procuring a
contractor to perform facility construction established in Chapter 2269, Texas
Government Code, as amended, provide a better value for the city than the
methods set forth in Chapter 252, Texas Local Government Code, as amended. The
provisions of Chapter 2269, Texas Government Code, as amended, are therefore
adopted for use in procuring a contract for facility construction, superseding
any conflicting provisions in the city charter.
   (b)   The city manager is authorized, in accordance with Chapter 2269, Texas
Government Code, as amended, to choose which method of contractor selection
provides the best value for the city on each facility construction project,
subject to the applicable provisions of Sections
2-30 through
2-32 of this division. The city manager may, by administrative directive,
establish procedures for choosing the method of contractor selection and to
conduct the selection process, to the extent the procedures do not conflict
with state law or Sections
2-30 through
2-32 of this division.
   (c)   If, in the case of an individual facility construction project, the
city manager finds that there is better value in following the methods of
procurement authorized in Chapter 252, Texas Local Government Code, as amended,
the city manager is authorized to secure a contractor in accordance with the
rules of that state law. If the procedures of Chapter 252, Texas Local
Government Code, as amended, are used to procure a facility construction
contract, the award of the contract must be to the lowest responsible bidder or
to a local business when allowed under Section
2-32(h) of this division. The rules of Section
2-32(b) and (c) of this division also apply to an award made under this
subsection. (Ord. Nos. 25819; 28705; 30828)
SEC. 2-34.   PERSONAL, PROFESSIONAL, AND PLANNING SERVICES.
   Personal, professional, or planning services must be procured, regardless of
who approves the contract, in accordance with applicable state law and through
procedures established by the city manager or a designee that are not in
conflict with this article or applicable state law. (Ord. Nos. 24243; 25819)
SEC. 2-35.   INTEREST ON CERTAIN LATE OR DELAYED PAYMENTS.
   Unless otherwise authorized by the city council, at the request of the city
manager, no contractor of the city is entitled to interest on any late or
delayed payment that is caused by any good faith claim or dispute in connection
with the contract, or that the city has a right or obligation to withhold under
the contract or state or federal law, nor is any contractor entitled to
attorney’s fees in any dispute to collect such payments. (Ord. Nos. 18850;
19312; 20061; 22434; 24243; 25819)
SEC. 2-36.   CONTRACTS WITH PERSONS INDEBTED TO THE CITY.
   (a)   Except as provided in Subsection (b), a bidder, proposer, or other
person interested in receiving the award of a contract from the city or
entering into any other transaction with the city shall be deemed
nonresponsible and shall be denied any contract or other transaction with the
city if that bidder, proposer, or other person is indebted to the city or is
delinquent in any payment owed to the city under a contract or other legal
obligation.
   (b)   Disqualification under Subsection (a) of a bidder, proposer, or other
person interested in contracting with or entering into a transaction with the
city may be waived by the city council, after a review of the specific
circumstances, if the waiver is deemed to be in the best interest of the city.
(Ord. 25819)
SECS. 2-37 THRU 2-37.1.9.   RESERVED.
   (Ord. Nos. 21856; 24243; 25819)
Division 2. Sale of Unclaimed and Surplus Property.
SEC. 2-37.2.   AUTHORITY TO SELL; DEPOSIT OF CASH.
   (a)   The following property may be sold by the city in the manner provided
in this article:
      (1)   abandoned, stolen, or recovered property, except motor vehicles,
that remain unclaimed with the city for 60 days, whether or not the owner is
known;
      (2)   abandoned, stolen, or recovered motor vehicles that remain
unclaimed with the city for 30 days, whether or not the owner is known;
      (3)   personal property owned by the city that has been declared surplus,
obsolete, worn out, or useless by the head of a department and that is no
longer needed for public use; except that microcomputer equipment and software
covered by the microcomputer executive plan policy must be disposed of in
accordance with that policy; and
      (4)   city-owned firearms and firearm accessories and ammunition that the
chief of police has declared surplus or obsolete and has recommended for use as
trade-ins on new property of the same general type.
   (b)   Property listed in Subsection (a)(4) may be traded only to a person
holding a federal firearms license.
   (c)   Items of personal property, the sale of which is restricted by
criminal law, may only be sold by the city if the sale is in accordance with
all applicable provisions of the law containing the restrictions.
   (d)   Cash money that is abandoned, stolen, or recovered, that remains
unclaimed with the police department for 60 days, and that is not being held
for evidence, whether or not the owner is known, must be deposited in the
general fund of the city unless the money is of collector quality. Money of
collector quality may be sold as other personal property. (Ord. Nos. 15519;
18201; 18212; 19312; 21877; 22153; 27865; 29478, eff. 10/1/14)
SEC. 2-37.3.   DELIVERY OF UNCLAIMED PROPERTY TO DIRECTOR; USE FOR CITY
PURPOSES.
   (a)   The chief of police or the director of the department holding property
shall give the director a list of all unclaimed property subject to sale under
this article and shall deliver the listed property, except motor vehicles, to
the director before the date of sale. The director shall give the chief of
police or other department director a receipt which indicates in detail all
property delivered. The chief of police shall retain custody of motor vehicles
until a sale is made.
   (b)   If in reviewing the list of unclaimed property subject to sale, the
director determines that certain items of property could be used by the city,
he may recommend to the city manager that the items be used for city purposes
rather than sold. If the city manager believes that it is in the best interests
of the city, he may authorize the director to remove specific items from the
list of property subject to sale and to convert the items to use for city
purposes. (Ord. Nos. 15519; 19312)
SEC. 2-37.4.   METHOD OF SALE.
   (a)   Except as otherwise provided in Subsection (h) or (i), the director
shall sell unclaimed property and surplus, obsolete, worn out, or useless
property by public auction or by accepting sealed bids, to the highest bidder.
The property may be auctioned, each piece individually or in assembled lots,
whichever the director determines will bring the best price obtainable, except
for motor vehicles which must be sold individually unless in accordance with
Subsection (b). If in the opinion of the director the highest bid on a
particular item is not sufficient, the director may refuse the bid and hold the
item for sale at another time.
   (b)   Unclaimed motor vehicles and motor vehicle parts on which the vehicle
identification numbers have been destroyed, mutilated, or removed may be sold
in assembled lots in accordance with this section if the following requirements
are met:
      (1)   The vehicles and vehicle parts must be sold as scrap metal only and
may not be reconstructed or made operable after the sale.
      (2)   The vehicles and vehicle parts must be sold to a demolisher who
owns an auto crusher located within the city.
      (3)   A representative of the city auto pound must witness the demolition
of the vehicle and vehicle parts to ensure that no parts are removed for use or
resale.
      (4)   All notification and other requirements of Chapter 683, Texas
Transportation Code, as amended, that are applicable to the disposal of
abandoned motor vehicles must be met.
   (c)   If the director receives a group of 10 or more identical items for
sale, the director may sell a minimum of three of the items at public auction
and then advertise in the official newspaper of the city and sell the remaining
items at a price not less than the average price obtained for the auctioned
items.
   (d)   When sale is to be by acceptance of sealed bids, the bids must remain
in the office of the city secretary for public inspection at least 48 hours
after the bids are opened.
   (e)   Except as provided in Subsection (f), the director may accept the
following in exchange for the sale of items by any method of sale:
      (1)   cash money;
      (2)   personal or business checks if proper identification is shown;
      (3)   a bank credit card that the city honors pursuant to contractual
arrangements with a bank; or
      (4)   new property of the same general type, if the items are city-owned
property declared surplus or obsolete by the head of the department holding the
property and recommended by the city manager for use as trade-ins on the new
property.
   (f)   The director may only accept new property of the same general type in
exchange for the sale of city-owned firearms or firearm accessories or
ammunition that the chief of police has declared surplus or obsolete and has
recommended for use as trade-ins on the new property.
   (g)   Electronic procurement and reverse auctions. The city manager may
establish procedures for purchasing goods, general services, or facility
construction under this section through electronic means, including but not
limited to the Internet, to the extent the procedures do not conflict with
state law, the city charter, or other provisions of this code. The city manager
may also establish procedures for purchasing goods or general services pursuant
to the reverse auction method defined in Section 2155.062(d), Texas Government
Code, as amended, to the extent the procedures do not conflict with state law,
the city charter, or other provisions of this code.
   (h)   The director may, in lieu of conducting a sale by public auction or
sealed bids, return surplus, obsolete, worn out, or useless property to the
contract vendor or original manufacturer and accept a refund or a credit toward
the purchase of new property of the same general type if the contract with the
vendor or manufacturer requires the acceptance of returns or trade-ins at a
price or refund rate of not less than the current fair market value of the
property.
   (i)   The director may, in lieu of conducting a sale by public auction or
sealed bids, sell unclaimed property and surplus, obsolete, worn out, or
useless property at the city store in accordance with Section
2-37.15 of this article. (Ord. Nos. 15519; 19312; 19640; 21877; 22153; 22403;
25819; 31872)
SEC. 2-37.5.   TIME AND PLACE OF SALE; NOTICE.
   (a)   After determining the time and place for a public auction, acceptance
of sealed bids, or sale of identical items, the director shall give notice of
the auction, acceptance, or sale, by:
      (1)   advertising in the official newspaper of the city for three
consecutive days, the last publication date to be not less than seven days
before the date of the auction, acceptance, or beginning of sale; and
      (2)   sending by certified mail to the last known address of the owner of
unclaimed property, if the name of the owner is known, 14 days before the date
of auction, acceptance, or beginning of sale.
   (b)   The notice must contain the time and place of auction, acceptance, or
sale and a general listing of the property to be sold. (Ord. Nos. 15519; 17672;
19312)
SEC. 2-37.6.   RECORDS; REPORTS TO THE DIRECTOR OF FINANCE; PROCEEDS.
   (a)   The director shall keep accurate records of all sales and shall submit
reports to the director of finance containing:
      (1)   the time, place, and method of sale; and
      (2)   copies of receipts given for all sales that describe the items sold
and show the price paid or other value given for the items.
   (b)   The director shall keep sales tickets covering each transaction for 30
months, at which time they may be destroyed.
   (c)   The director shall deposit all proceeds received for sales to the
credit of the appropriate fund. (Ord. Nos. 15519; 17672; 19312; 21877)
SEC. 2-37.7.   DESTRUCTION OF RESTRICTED WEAPONS; EXCEPTIONS.
   (a)   All clubs, explosive weapons, firearm silencers, handguns, illegal
knives, knuckles, shotguns, rifles, semi-automatic assault weapons, machine
guns, and short-barrel firearms that are abandoned, stolen, or recovered and
remain unclaimed with the police department for six months and are not being
held for evidence, or that are owned by the city and have been declared surplus
or obsolete by the chief of police, must be destroyed in the presence of:
      (1)   three police officers of the rank of lieutenant or higher; or
      (2)   one police officer of the rank of lieutenant or higher, a
representative of the city council, and a representative of the crime
commission; or
      (3)   two police officers of the rank of lieutenant or higher and a
representative of the city council or crime commission.
   (b)   The witnesses shall make a report under oath to the city council,
listing the make, model, type, and serial number of the weapons destroyed and
stating the time, date, place, and manner of destruction.
   (c)   This requirement of destruction does not apply to:
      (1)   handguns or other restricted firearms that the chief of police has
determined to be serviceable, which shall be kept in reserve by the police
department for use in the event of civil disorder or disaster;
      (2)   city-owned firearms or firearm accessories or ammunition that the
chief of police has declared surplus or obsolete and has recommended for use as
trade-ins on new property of the same general type; or
      (3)   handguns or other restricted firearms that the chief of police has
determined are required for training purposes or other law enforcement
activities, or whose parts are needed for repair of departmental weapons. (Ord.
Nos. 15519; 17386; 18201; 18212; 19312; 20044; 22153)
SEC. 2-37.8.   LIEN ON MOTOR VEHICLES.
   The city shall have a lien on all motor vehicles taken into custody for the
actual towing expense, storage charges, and service fee as provided in Section
28-4 of this code and for an administrative fee of $150, plus any reasonable
attorney’s expenses, if the motor vehicle is processed for auctioning. This
lien is superior to all other liens and claims except liens for ad valorem
taxes and may be satisfied by sale of the motor vehicle. (Ord. Nos. 15519;
16287; 17547; 19312; 19742)
SEC. 2-37.9.   PURCHASE BY CERTAIN PERSONS PROHIBITED.
   (a)   The following persons shall not, directly or indirectly, submit a bid
for, purchase, or acquire ownership of, personal property sold pursuant to the
provisions of this article:
      (1)   City employees who work in the city manager's office or in the
department designated by the city manager to enforce and administer this
article.
      (2)   The person who determines that the property is surplus, obsolete,
worn out, or useless.
      (3)   City officials, as defined in Paragraph
12A-2(24) of the Dallas City Code.
      (4)   Former city officials, as defined in Paragraph
12A-2(20) of the Dallas City Code, for one year after their term of office
ends.
   (b)   In addition to other penalties, a person who violates this section
forfeits his employment.
(Ord. Nos. 15519; 17672; 19312; 30391)
SEC. 2-37.10.   AUTHORITY TO SELL SURPLUS ISSUE WEAPONS TO CERTAIN PERSONNEL.
   (a)   Upon recommendation of the chief of police, the director shall sell to
a police officer, park ranger, retired police officer, retired police reserve
officer, retired park ranger, or retired security officer a weapon that was
issued to the officer if the weapon is surplus, obsolete, worn out, or useless
property.
   (b)   Upon recommendation of the municipal court administrator, the director
shall sell to a retired city marshal or retired deputy city marshal a weapon
that was issued to the city marshal or deputy city marshal if the weapon is
surplus, obsolete, worn out, or useless property.
   (c)   Upon recommendation of the fire chief, the director shall sell to a
retired fire investigator who is a certified peace officer a weapon that was
issued to the officer if the weapon is surplus, obsolete, worn out, or useless
property.
   (d)   An officer is not “retired” for purposes of this section unless the
officer:
      (1)   receives a disability pension;
      (2)   has vested rights in a retirement pension and has completed 10
years of service in the department; or
      (3)   has completed 20 years of service in the city as a police reserve
officer.
   (e)   The price of a weapon sold under this section shall be its fair market
value as determined by the director or its original cost depreciated by five
percent a year, whichever amount is less. In no event may a weapon be sold for
less than $25. If a weapon is sold under this section for less than its fair
market value, the difference between the purchase price and the fair market
value shall be considered as part of the officer’s agreed compensation for
services provided to the city.
   (f)   The director shall treat all funds received for sales under this
section the same as other funds received for sales under this article. (Ord.
Nos. 17672; 19312; 19679; 20910)
SEC. 2-37.11.   AUTHORITY TO SELL UNIFORMS TO EMPLOYEES.
   (a)   The director may sell to a city employee any uniform or portion of a
uniform worn by the employee if the uniform or portion of the uniform is
surplus, obsolete, worn out, or useless property.
   (b)   For purposes of this section, “uniform” means clothing of a
distinctive design or fashion issued by the city to the employee and required
to be worn by the employee while on the job. The term “uniform” includes hats,
helmets, shirts, badges, pants, coats, shoes, and boots, but does not include
weapons or equipment.
   (c)   The price of any uniform or portion of a uniform sold under this
section shall be not less than its fair market value as determined by the
director.
   (d)   The director shall treat all funds received for sales under this
section the same as other funds received for sales under this article. (Ord.
Nos. 17672; 19312)
SEC. 2-37.12.   SALES OF CERTAIN COLLECTIBLE PROPERTY.
   (a)   In this chapter:
      (1)   ARTS AND CULTURE DIRECTOR means the director of the office of arts
and culture of the city or a designated representative.
      (2)   COLLECTIBLE PROPERTY means an item of personal property owned by
the city under the care and control of the Dallas Museum of Art originally
acquired for exhibition, collection, or study, including, but not limited to,
any work of art, antique, memorabilia, rare object, art education material or
display, or other item of lasting interest or value.
   (b)   Collectible property owned by the city under the care and control of
the Dallas Museum of Art may be sold, exchanged, or otherwise disposed of in
accordance with this section.
   (c)   All sales of collectible property must be under the direction and
control of the arts and culture director, who shall function for this purpose
in the place of the director.
   (d)   The arts and culture director shall sell, exchange, or otherwise
dispose of particular collectible property designated for sale by the Dallas
Museum of Art by one of the following methods:
      (1)   public auction;
      (2)   silent auction (public sale by unsealed written bids); or
      (3)   sale by sealed bids from one or more interested person.
   (e)   A sale of collectible property may be held at any city, place, or
location determined advisable by the arts and culture director.
   (f)   The arts and culture director may accept collectible property of at
least like value in exchange for collectible property if, in the judgement of
the arts and culture director, it is in the interest of the city to do so, and
if an offer of exchange constitutes the highest bid for collectible property to
be sold.
   (g)   The arts and culture director shall sell collectible property to the
highest bidder. The arts and culture director's decision as to the sufficiency
and acceptance of the highest bid is final and no further approval is required.
   (h)   The arts and culture director shall deposit all proceeds received from
the sale of collectible property to the credit of a fund designated for that
purpose.
   (i)   Proceeds of a sale of collectible property must be used by the Dallas
Museum of Art to purchase other collectible property, such acquisition being of
similar type and identified in the name of the original donor whenever
feasible. Proceed of an exchange will be placed directly in the collection of
the Dallas Museum of Art.
   (j)   The Dallas Museum of Art will preserve in its permanent files a record
of all collectible property sold or exchanged and will record the source of
funds or collectible property used to acquire other collectible property with
proceeds of a sale or an exchange.
   (k)   The arts and culture director shall follow the notice and record
keeping requirements of Sections
2-37.5 and
2-37.6. (Ord. Nos. 17815; 19312; 21421; 22026; 23694; 31049; 31333, eff. 10/1/
19)
SEC. 2-37.13.   SALE OF SURPLUS LIBRARY MATERIAL.
   (a)   In this section:
      (1)   SURPLUS LIBRARY MATERIAL means books, magazines, records, films,
and any other audio or visual material no longer needed by a public library.
The term does not include furnishings, equipment, or other capital assets.
      (2)   LIBRARY DIRECTOR means the director of the municipal library
department of the city.
   (b)   Surplus library material owned by the city may be sold, exchanged, or
otherwise disposed of in accordance with this section.
   (c)   The library director shall, in the place of the director, direct and
control the sale, exchange, or other disposition of surplus library material.
   (d)   Surplus library material shall be sold or exchanged at its present
market value. The library director shall appoint a qualified appraiser to
determine the present market value of the surplus library material.
   (e)   The library director shall deposit all proceeds received from the sale
of surplus library material in a fund designated for that purpose.
   (f)   Proceeds from the sale of surplus library material shall be used to
purchase other library material. (Ord. Nos. 18623; 19312)
SEC. 2-37.14.   SALE OF PERSONAL PROPERTY TO OTHER GOVERNMENTAL ENTITIES.
   (a)   The director may approve the intermittent sale of personal property
from city inventories to a political subdivision or agency of the state or to
an entity of the federal government.
   (b)   The price of any city personal property sold under this section shall
be not less than the fair market value of the property as determined by the
director.
   (c)   The director shall keep an accurate record of every sale under this
section and shall submit reports to the city controller containing the
following information:
      (1)   the time, place, and method of sale; and
      (2)   a copy of each receipt given for the sale that describes:
         (A)   the item sold;
         (B)   the governmental entity purchasing the item; and
         (C)   the price received by the city for the item.
   (d)   The director shall keep every sales ticket covering a sale under this
section for 36 months, at which time the sales ticket may be destroyed.
   (e)   The director shall deposit all proceeds received from a sale under
this section to the credit of the appropriate city fund. (Ord. 20559)
SEC. 2-37.15.   SALE OF UNCLAIMED AND SURPLUS PROPERTY AT THE CITY STORE.
   (a)   In this section:
      (1)   CITY STORE means a location designated by the director where
unclaimed property and surplus, obsolete, worn out, or useless property is
offered for sale to the public.
      (2)   DIRECTOR means the “director” as defined in Section
2-27 of this article.
   (b)   Unclaimed property and surplus, obsolete, worn out, or useless
property may be sold, exchanged, or otherwise disposed of at the city store in
accordance with this section.
   (c)   The director shall direct and control the sale, exchange, or other
disposition of unclaimed property and surplus, obsolete, worn out, or useless
property at the city store.
   (d)   Unclaimed property and surplus, obsolete, worn out, or useless
property must be sold or exchanged for not less than its present market value.
The director shall determine the present market value of all property offered
for sale at the city store. In determining present market value, the director
may refer to prices at which similar property is offered for retail sale at
other locations throughout the United States.
   (e)   The director shall keep accurate records of all sales of unclaimed
property and surplus, obsolete, worn out, or useless property at the city
store. The records must include:
      (1)   the date, time, and place of sale; and
      (2)   copies of receipts given for all sales that describe the items sold
and show the price paid or other value given for the items. (Ord. Nos. 22873;
25819)
SEC. 2-37.16.   SALE OF SURPLUS CITY-OWNED ANIMALS.
   (a)   In this section, SURPLUS CITY-OWNED ANIMAL means an animal owned by
the city that is no longer needed by the city.
   (b)   A surplus city-owned animal may be sold, exchanged, or otherwise
disposed of in accordance with this section.
   (c)   The director of the department holding a surplus city-owned animal
shall, in the place of the director of procurement services, direct and control
the sale, exchange, or other disposition of the animal.
   (d)   A surplus city-owned animal must be sold, exchanged, or otherwise
disposed of for not less than its present market value. The director of the
department holding the surplus city-owned animal, with the approval of the
director of procurement services, shall determine the present market value of
the surplus city-owned animal.
   (e)   The director of the department holding a surplus city-owned animal
shall keep an accurate record of the disposition of the animal. The record must
include:
      (1)   the date, time, place, and method of sale, exchange, or other
disposition; and
      (2)   a copy of each receipt given for the sale, exchange, or other
disposition that describes the animal and shows the price paid or other value
given to the city for the animal.
   (f)   The director of the department holding a surplus city-owned animal
shall deposit all proceeds received from the sale, exchange, or other
disposition of the animal in a fund designated for that purpose.
   (g)   Section 2-37.9 of this article, which places restrictions on who may
submit a bid for, purchase, or acquire ownership of personal property sold
under this article, does not apply to a surplus city-owned animal disposed of
in accordance with this section. (Ord. Nos. 24588; 25047; 30654)
SEC. 2-37.17.   DONATION OF OUTDATED OR SURPLUS FIREFIGHTING EQUIPMENT,
SUPPLIES, AND MATERIALS.
   (a)   In lieu of conducting a sale under other provisions of this division,
the city council, by resolution, may donate outdated or surplus equipment,
supplies, and other materials used in fighting fires to:
      (1)   an underdeveloped country, pursuant to Article 3, Section 52h of
the Texas Constitution; or
      (2)   the Texas Forest Service or a successor agency authorized to
cooperate in the development of rural fire protection plans, pursuant to
Article 3, Section 52i of the Texas Constitution. (Ord. 25511)
ARTICLE IV-a.
OFFICE OF ECONOMIC DEVELOPMENT.
SEC. 2-38.   CREATED; DIRECTOR OF ECONOMIC DEVELOPMENT.
   There is hereby created a division of the city manager’s office to be known
as the office of economic development of the city, the head of which shall be
the director of economic development who shall be appointed by the city
manager. The office of economic development will be composed of the director of
economic development and such other assistants and employees as the city
council may provide by ordinance upon recommendation of the city manager. (Ord.
25834)
SEC. 2-39.   DUTIES OF THE DIRECTOR OF ECONOMIC DEVELOPMENT.
   (a)   The director of economic development shall perform the following
duties:
      (1)   Supervise and administer the office of economic development.
      (2)   Represent the city in negotiating contracts with private developers
for joint venture projects or development incentives.
      (3)   Plan and supervise the city’s efforts to attract and retain
businesses.
      (4)   Participate in the preparation and revision of the capital
improvement program.
      (5)   Perform such other duties as may be required by the city manager or
by ordinance of the city council. (Ord. 25834)
SEC. 2-40.   RESERVED.
ARTICLE V.
DEPARTMENT OF DEVELOPMENT SERVICES.
SEC. 2-41.   CREATED; DIRECTOR OF DEVELOPMENT SERVICES.
   There is hereby created the department of development services of the city,
the head of which shall be the director of development services who shall be
appointed by the city manager. The department of development services will be
composed of the director of development services and such other assistants and
employees as the city council may provide by ordinance upon recommendation of
the city manager. (Ord. Nos. 25047; 27697; 32002)
SEC. 2-42.   DUTIES OF THE DIRECTOR OF DEVELOPMENT SERVICES.
   (a)   The director of development services shall perform the following
duties:
      (1)   Supervise and administer the department of development services.
      (2)   Add to, delete from, modify or otherwise specify the property area
determined to be acquired with community development funds.
      (3)   Advise the city manager, in cooperation with the chief planning
officer and others designated by the city manager, on matters affecting the
urban design and physical development of the city.
      (4)   Participate with the chief planning officer in developing and
recommending to the city manager a comprehensive plan for the city.
      (5)   Participate with the chief planning officer in reviewing and making
recommendations regarding proposed actions implementing the comprehensive plan.
      (6)   Participate in the preparation and revision of the capital
improvement program.
      (7)   Administer the regulations governing the subdivision and platting
of land in accordance with state and local laws.
      (8)   Participate in the planning relating to urban redevelopment, urban
rehabilitation, and conservation intended to alleviate or prevent slums,
obsolescence, blight, or other conditions of urban deterioration.
      (9)   Serve as secretary to the landmark commission.
      (10)   Supervise the engineering, construction, and paving of all
streets, boulevards, alleys, sidewalks, and public ways when the work is being
done by a private developer.
      (11)   Supervise the engineering and construction of the storm sewers and
storm drainage systems when the work is being done by a private developer.
      (12)   Administer, implement, and enforce city regulations relating to
the construction of public water and wastewater infrastructure improvements by
private developers.
      (13)   Provide for the administration, implementation, and enforcement of
the city's construction codes.
      (14)   Perform plan reviews and inspections for new construction and
renovation of fixed facilities for food products establishments.
      (15)   Perform such other duties as may be required by the city manager
or by ordinance of the city council.
   (b)   Whenever the directors of property management, planning and
development, and sustainable development are referred to in any city ordinance
or resolution or in any contract, license, permit, franchise, or other
agreement granted or executed by the city, those terms mean the director of
development services. (Ord. Nos. 25047; 25834; 27697; 29478; 32002)
ARTICLE V-a.
DEPARTMENT OF BUILDING SERVICES.
SEC. 2-43.   CREATED; DIRECTOR OF BUILDING SERVICES.
   There is hereby created the department of building services of the city of
Dallas, at the head of which shall be the director of building services who
shall be appointed by the city manager. The director must be a person
professionally competent by experience and training to manage the department.
The department will be composed of the director of building services and other
assistants and employees the city council may provide by ordinance upon
recommendation by the city manager. (Ord. Nos. 23694; 30994)
SEC. 2-44.   DUTIES OF THE DIRECTOR OF BUILDING SERVICES.
   The director of the department of building services shall perform the
following duties:
      (1)   Supervise and administer the department of building services.
      (2)   Have responsibility for the design, construction, operation,
maintenance, repair, renovation, and expansion of all public buildings
belonging to or used by the city, except as otherwise provided by the city
manager, the city charter, or ordinance or resolution of the city council.
      (3)   Provide for the maintenance and upkeep of the grounds around all
public buildings, except as otherwise provided by the city manager, the city
charter, or ordinance or resolution of the city council.
      (4)   Perform such other duties as may be required by the city manager or
by ordinance of the city council. (Ord. Nos. 23694; 30239; 30994)
SEC. 2-45.   RESERVED.
   (Repealed by Ord. 19312)
ARTICLE V-b.
DEPARTMENT OF CONVENTION AND EVENT SERVICES.
SEC. 2-46.   CREATED; DIRECTOR OF CONVENTION AND EVENT SERVICES.
   There is hereby created the department of convention and event services of
the city, the head of which shall be the director of convention and event
services who shall be appointed by the city manager. The department shall be
composed of the director of convention and event services and such other
assistants and employees as the city council may provide upon recommendation of
the city manager. (Ord. Nos. 14216; 17226; 22026; 23694; 24053)
SEC. 2-47.   DUTIES OF THE DIRECTOR OF CONVENTION AND EVENT SERVICES.
   (a)   The director of convention and event services shall perform the
following duties:
      (1)   Supervise and administer the department of convention and event
services.
      (2)   Supervise and manage the facilities of the convention center,
reunion arena, the municipal produce market, Union Station, and other
facilities of the city as designated by the city manager or by ordinance or
resolution of the city council.
      (3)   Supervise and administer the special events program of the city,
except as otherwise provided by the city manager, the city charter, or
ordinance or resolution of the city council.
      (4)   Perform such other duties as may be required by the city manager or
by ordinance of the city council.
   (b)   The director of convention and event services and any designated
representatives may represent the city in negotiating and contracting with
persons planning to use the facilities of the convention center, reunion arena,
the municipal produce market, Union Station, or any other facility under the
management of the director of convention and event services. (Ord. Nos. 14216;
17226; 22026; 23694; 24053; 31049)
ARTICLE V-c.
DEPARTMENT OF PUBLIC WORKS.
SEC. 2-48.   CREATED; DIRECTOR OF PUBLIC WORKS.
   (a)   There is hereby created the department of public works of the city of
Dallas, at the head of which shall be the director of public works who shall be
appointed by the city manager. The director must be an engineer registered to
practice in the State of Texas or registered in another state with reciprocal
rights, or possess an equivalent combination of education and experience. The
department will be composed of the director of public works and such other
assistants and employees as the city council may provide by ordinance upon
recommendation of the city manager.
   (b)   Whenever the director or department of public works and transportation
is referred to in this code or any other city ordinance, rule, or regulation,
the term means the director or department of public works,
or any other director or department of the city to which certain former public
works and transportation functions or duties have been transferred by the city
council or city manager. (Ord. 30654)
SEC. 2-49.   DUTIES OF THE DIRECTOR OF PUBLIC WORKS.
   The director of public works shall perform the following duties:
      (1)   Supervise and administer the department of public works.
      (2)   Supervise the engineering, opening, construction, and paving of all
streets, boulevards, alleys, sidewalks, and public ways, except when the work
is being done by a private developer.
      (3)   Supervise the engineering and construction of the storm sewers and
storm drainage systems associated with a paving project, except when the work
is being done by a private developer.
      (4)   Approve the location of equipment and facilities installed under,
on, or above the public right-of-way.
      (5)   Provide for the maintenance and repairs of streets, alleys,
medians, and public rights-of-way, as designated by the city manager.
      (6)   Provide for street hazard and emergency response.
      (7)   Supervise the engineering and construction of the storm sewers and
storm drainage systems associated with a paving project, except when the work
is being done by a private developer.
      (8)   Perform such other duties as may be required by the city manager or
by ordinance of the city council.
      (9)   Supervise the purchase and sale of all real property of the city.
      (10)   Manage real property under the director's supervision including
approval of short term month-to-month leases.
      (11)   Determine pursuant to the Uniform Relocation Assistance and Real
Properties Acquisition Policies Act of 1970 the public necessity for the
acquisition of real property, when the property is purchased in whole or in
part with community development grant funds.
      (12)   Solicit proposals from independent appraisers for the furnishing
of appraisals of real property when appropriate. (Ord. Nos. 30654; 32002)
ARTICLE V-d.
WATER UTILITIES DEPARTMENT.
SEC. 2-50.   CREATED; DIRECTOR OF WATER UTILITIES.
   There is hereby created the water utilities department of the city of
Dallas, at the head of which shall be the director of water utilities who shall
be appointed by the city manager. The department shall be composed of the
director of water utilities and such other assistants and employees as the
council may provide by ordinance upon recommendation of the city manager. (Ord.
14215)
SEC. 2-51.   DUTIES OF THE DIRECTOR OF WATER UTILITIES.
   The director of water utilities shall perform the following duties:
      (1)   Supervise the water, wastewater (municipal and industrial), and
storm drainage systems, mains, pump stations, filtration plants, sanitary
wastewater treatment plants, reservoirs and all plants, properties, and
appliances incident to the operation of the water, wastewater (municipal and
industrial), storm drainage utilities of the city.
      (2)   Make recommendations to the city manager concerning the need for
acquisition of additional water rights, appear before the Texas Commission on
Environmental Quality, legislative committees and such other bodies as may be
necessary for the acquisition of water rights; negotiate with the proper
departments of the federal and state governments for the maintenance and
acquisition of additional water rights; plan and program a waterworks system
for the future growth of the city; conduct negotiations with customer cities,
other public entities and industries for the furnishing of raw water and
treated water; conduct negotiations with customer cities, other public entities
and industries for the furnishing of treated waste water for irrigation and
industrial use; and conduct negotiations with federal, state, and local
agencies for obtaining supplies of raw water.
      (3)   Make recommendations to the city manager concerning the need for
expansion and improvements of the waste water collection and treatment system;
and conduct negotiations with customer cities for the treatment of waste water.
      (4)   Make recommendation to the city manager concerning the need for
expansion and improvements of the stormwater drainage system, floodplain and
drainage management, and maintenance and repairs of the Dallas Floodway Levee
System.
      (5)   Conduct negotiations with federal, state, and local agencies
regarding wastewater and stormwater legislation and permitting.
      (6)   Make recommendations to the city manager as to rates and connection
charges for the water utilities department necessary to defray the costs of
proper maintenance, operation, expansion, and extension of the water or
municipal and industrial waste water or stormwater systems and facilities,
treatment plants, reservoirs, appurtenances, facilities, and land owned and
operated by the water utilities department.
      (7)   Supervise and administer special collections.
      (8)   Provide for flood protection and education.
      (9)   Provide for the implementation of the Trinity River Corridor
project.
      (10)   Perform other duties as may be required by the city manager or by
ordinance of the city council. (Ord. Nos. 14215; 27697; 30675; 30994)
ARTICLE V-e.
DEPARTMENT OF PLANNING AND URBAN DESIGN.
SEC. 2-52.   CREATED; CHIEF PLANNING OFFICER.
   There is hereby created the department of planning and urban design, the
head of which shall be the chief planning officer who shall be appointed by the
city manager. The department of planning and urban design will be composed of
the chief planning officer and such other assistants and employees as the city
council may provide by ordinance upon recommendation of the city manager. (Ord.
Nos. 29478; 29882)
SEC. 2-53.   DUTIES OF THE CHIEF PLANNING OFFICER.
   The chief planning officer shall perform the following duties:
      (1)   Supervise and administer the department of planning and urban
design.
      (2)   Advise the city manager, in cooperation with others designated by
the city manager, on matters affecting the urban design and physical
development of the city.
      (3)   Develop and recommend to the city manager a comprehensive plan for
the city.
      (4)   Review and make recommendations regarding proposed actions
implementing the comprehensive plan.
      (5)   Participate in the preparation and revision of the capital
improvement program.
      (6)   Coordinate all planning relating to urban redevelopment, urban
rehabilitation, and conservation intended to alleviate or prevent slums,
obsolescence, blight, or other conditions of urban deterioration.
      (7)   Provide services related to historic districts, historic
structures, and potential historic districts and structures.
      (8)   Administer the historic district tax incentive programs.
      (9)   Perform such other duties as may be required by the city manager or
by ordinance of the city council.
      (10)   Give advice and provide staff assistance to the board of
adjustment, the plan commission, and the landmark commission in the exercise of
their responsibilities. (Ord. Nos. 29478; 29882; 30239; 32002; 32557)
ARTICLE V-f.
DEPARTMENT OF EQUIPMENT AND FLEET MANAGEMENT.
SEC. 2-54.   CREATED; DIRECTOR OF EQUIPMENT AND FLEET MANAGEMENT.
   There is hereby created the department of equipment and fleet management of
the city of Dallas, at the head of which shall be the director of equipment and
fleet management who shall be appointed by the city manager. The department
will be composed of the director of equipment and fleet management and other
assistants and employees as the city council may provide by ordinance upon
recommendation of the city manager. (Ord. 30994)
SEC. 2-55.   DUTIES OF THE DIRECTOR OF EQUIPMENT AND FLEET MANAGEMENT.
   The director of equipment and fleet management shall perform the following
duties:
      (1)   Supervise and administer the department of equipment and fleet
management.
      (2)   Maintain and repair all automotive and heavy motor-driven equipment
owned by the city and used in municipal operations, except as otherwise
provided by the city manager.
      (3)   Maintain an inventory control over all automotive and heavy motor-
driven equipment and parts owned by the city, except as otherwise provided by
the city manager, and make reports as may be required by the city manager.
      (4)   Control all automotive and heavy motor-driven equipment used for
municipal purposes with the advice and assistance of the using department,
except as otherwise provided by the city manager.
      (5)    Provide advice and assistance to all departments and agencies of
the city government in the purchase of all automotive and heavy motor-drive
equipment to be used for municipal purposes.
      (6)   Perform such other duties as may be required by the city manager or
by ordinance of the city council. (Ord. 30994)
SECS. 2-56 THRU 2-60.   RESERVED.
ARTICLE VI.
DEPARTMENT OF HUMAN RESOURCES.
SEC. 2-61.   CREATED; DIRECTOR OF HUMAN RESOURCES.
   There is hereby created the department of human resources of the city of
Dallas, at the head of which shall be the director of human resources who shall
be appointed by the city manager. The department will be composed of the
director of human resources and other assistants and employees as the city
council may provide by ordinance upon recommendation of the city manager. (Ord.
22026)
SEC. 2-62.   DUTIES OF DIRECTOR OF HUMAN RESOURCES.
   The director of human resources shall perform the following duties:
      (1)   Supervise and administer the department of human resources.
      (2)   Perform such other duties as may be required by the city manager or
by ordinance of the city council. (Ord. Nos. 22026; 28424)
SECS. 2-63 THRU 2-70.   RESERVED.
ARTICLE VII.
DEPARTMENT OF CODE COMPLIANCE.
SEC. 2-71.   CREATED; DIRECTOR OF CODE COMPLIANCE.
   (a)   There is hereby created the department of code compliance of the city
of Dallas, at the head of which shall be the director of code compliance who
shall be appointed by the city manager. The director must be a person
professionally competent by experience and training to manage the department.
The department will be composed of the director of code compliance and other
assistants and employees as the city council may provide by ordinance upon
recommendation of the city manager.
   (b)   Whenever the director or department of streets, sanitation, and code
enforcement services is referred to in relation to a code enforcement
responsibility in this code or in any other city ordinance, the term means the
director or department of code compliance. (Ord. 23666)
SEC. 2-72.   DUTIES OF THE DIRECTOR OF CODE COMPLIANCE.
   The director of the department of code compliance shall perform the
following duties:
      (1)   Supervise and administer the department of code compliance.
      (2)   Supervise and administer code enforcement programs of the city,
except as otherwise provided by the city manager.
      (3)   Perform such other duties as may be required by the city manager or
by ordinance of the city council. (Ord. Nos. 23666; 28424; 30240)
ARTICLE VII-a.
OFFICE OF MANAGEMENT SERVICES.
SEC. 2-73.   CREATED; DIRECTOR OF MANAGEMENT SERVICES.
   There is hereby created a division of the city manager’s office to be known
as the office of management services, the head of which shall be the director
of management services who shall be appointed by the city manager. The office
of management services will be composed of the director of management services
and other assistants and employees as the city council may provide by ordinance
upon recommendation of the city manager. (Ord. Nos. 25517; 27697)
SEC. 2-74.   DUTIES OF THE DIRECTOR OF MANAGEMENT SERVICES.
   The director of management services shall perform the following duties:
      (1)   Supervise and administer the office of management services.
      (2)   Supervise and administer vital statistics.
      (3)   Perform such other duties as may be required by the city manager or
by ordinance of the city council. (Ord. Nos. 25517; 27697; 30675)
ARTICLE VII-b.
OFFICE OF DATA ANALYTICS AND BUSINESS INTELLIGENCE.
SEC. 2-75   CREATED; DIRECTOR OF DATA ANALYTICS AND BUSINESS INTELLIGENCE.
   There is hereby created a division of the city manager's office to be known
as the office of data analytics and business intelligence, the head of which
shall be the director of data analytics and business intelligence, who shall be
appointed by the city manager and who shall be a person professionally
competent by experience and training to manage the office. The office will be
composed of the director of data analytics and business intelligence and other
assistants and employees as the city council may provide by ordinance upon
recommendation of the city manager. (Ord. 31658)
SEC. 2-75.1.   DUTIES OF THE DIRECTOR OF DATA ANALYTICS AND BUSINESS
INTELLIGENCE.
   The director of data analytics and business intelligence shall perform the
following duties:
   (1)   Supervise and administer the office of data analytics and business
intelligence.
   (2)   Perform such other duties as may be required by the city manager or by
ordinance of the city council. (Ord. 31658)
ARTICLE VIII.
SOCIALLY RESPONSIBLE BANKING.
SEC. 2-76.   PURPOSE.
   In return for the privilege of safeguarding and investing the community's
wealth and doing business with the city, financial institutions have a
continuing and affirmative obligation to serve the credit and other financial
needs of all communities, including and especially minority and low- and
moderate-income communities and older adults, consistent with applicable laws
and safety and soundness. The city shall assess financial institutions'
performance in meeting community needs and use this assessment as a factor in
its decision to place municipal deposits in and conduct other business with
financial institutions. (Ord. 32211)
SEC. 2-77.   CITY BANKING CONTRACTS.
   (a)   Powers and duties of the city treasurer.
      (1)   In selecting and monitoring qualified depositories for city moneys
in accordance with Dallas City Charter,
Chapter III, Section 20, the city treasurer shall have the power and duty to:
         (A)   require that prospective bidders provide the city with data on
their socially responsible banking practices;
         (B)   use socially responsible banking performance as a factor in
determining the winning bid;
         (C)   accept bids for depository services only from financial
institutions that have received a rating of "satisfactory" or "outstanding" in
their most recent Community Reinvestment Act review by the Office of the
Comptroller of the Currency, Federal Deposit Insurance Corporation, or the
Federal Reserve Board;
         (D)   include in contracts for depository services a statement of work
in accordance with Section
2-78(a) that provides a framework for socially responsible banking; and
         (E)   gather an annual report required to be submitted by city
depositories by May 1 or the first business day following May 1 if May 1 falls
on a non-business day in accordance with Section
2-78. The city treasurer may accept an annual Environmental, Social, and
Governance (ESG) report (or other similar document) produced in the ordinary
course of business by the financial institution, provided it substantially
addresses the requirements set forth in this Section
2-78. If the financial institution does not produce an annual ESG report or the
annual ESG report does not substantially address the requirements in this
subparagraph, the city treasurer shall require delivery of an annual report in
accordance with Section
2-78.
      (2)   With written notice to the city council, the city treasurer may
waive the requirement in Section
2-77(a)(1)(C):
         (A)   if no qualified bidders apply;
         (B)   if the federal program is no longer applicable; or
         (C)   to satisfy a compelling city need.
      (3)   The city treasurer shall provide an annual briefing to the
appropriate city council committee. The committee shall review the
implementation, effectiveness, and enforcement of Section
2-77(a)(1)(E) and make recommendations to city council regarding the
authorization of city depositories.
      (4)   The city treasurer may request a voluntary report, consistent with
that required by Section
2-77(a)(1)(E), from other financial institutions with which the city does
business.
   (b)   Disqualification from contracting. Any depository that fails to submit
to the city the required reporting information in accordance with Section
2-77 (a)(1)(E) may be prohibited from entering into any contract with the city
as a qualified depository for city moneys for a period of five years. (Ord.
32211)
SEC. 2-78.   STATEMENT OF WORK AND REPORTING.
   (a)   Statement of work. The statement of work for financial institutions in
which the city places municipal deposits must include factors related to
socially responsible banking that comply with this subsection. With written
notice to the city council, the city treasurer may deviate from this subsection
to make necessary updates to reflect new devices, products, or technology to
this scope of work. The statement of work must include:
      (1)   a statement of the bank's commitment to implementing a long-term
community reinvestment strategic plan to address disparities in its lending and
investment activities in the City of Dallas, including how the depository will
match or exceed peer lending performance in targeting capital access and credit
needs, and a copy of the bank's existing long-term community reinvestment
strategic plan, with appropriate redactions for proprietary information;
      (2)   a statement certifying that the depository institution has policies
and procedures in place to prevent it and its affiliates from becoming a high-
cost lender or a predatory lender consistent with Office of the Comptroller of
the Currency regulations, the Consumer Financial Protection Bureau (CFPB)
regulations, or, for state-chartered institutions, practices defined by the
FDIC's Supervisory Policy on Predatory Lending; and
      (3)   a comprehensive analysis of community banking needs and the
depository's community involvement and reinvestment, small business lending and
community development, home ownership and consumer credit programs, distressed
homeowners programs; products and services that are advantageous for the city
and its residents, and other ESG practices in accordance with this paragraph.
         (A)   Community involvement and reinvestment.
            (i)   The bank shall report to the city on its efforts to invest in
low and moderate income areas and minority census tracts.
            (ii)   The bank shall report if it is collaborating with and
supporting any non-profit organizations focused on providing financial
services, education, and asset building for low-income people in the city.
            (iii)   The bank shall report if it is collaborating with and
supporting any organization that provides free tax preparation services in the
city that target lower-income workers to help them take advantage of the Earned
Income Tax Credit and other tax credits.
            (iv)   The bank shall report on its community development
activities (such as investments, lending, and services) to demonstrate the
bank's response to the credit, financial, and banking needs of low to moderate
income individuals in the city, based on census tracts or zip codes provided by
the city.
         (B)   Community banking needs.
            (i)   The bank shall support and participate in programs that
strive to reach traditionally underserved populations as described in the
Community Reinvestment Act. These may include unbanked, under banked, and low-
income populations.
            (ii)   The bank shall provide easy-to-understand fee schedules and
make a reasonable effort to offer fair, responsible, and affordable small-
dollar loans.
         (C)   Home ownership and consumer credit.
            (i)   The bank shall participate in outreach and educational
opportunities aimed at providing information on loan modifications and
alternatives to foreclosures for borrowers experiencing financial hardship; and
            (ii)   The bank shall collaborate with HUD-certified housing
counseling services.
         (D)   ESG practices. The bank shall participate in community-based
causes and activities established to create responsible lending and
reinvestment in moderate- to low-income neighborhoods and communities of color.
   (b)   Reporting. Any banking contract must include a requirement that the
bank provide information to the city in accordance with this subsection.
      (1)   Residential lending information.
         (A)   The bank shall provide the total number and the total dollar
amount of residential loans for one- to four-family dwellings applied for and
originated during the previous calendar year in each of the following
categories:
            (i)   Home purchase loans, both federally insured and conventional
loans.
            (ii)    Refinancings of home loans.
            (iii)   Home improvement loans.
            (iv)   Home equity loans.
            (v)   Loans for second residences and investment properties.
         (B)   The bank shall report the number and percentage of loans to low-
and moderate-income borrowers and by race and ethnicity.
         (C)   The bank shall provide peer comparisons for the percent of all
loans made by all lenders to borrowers.
         (D)   The data gathered in accordance with this paragraph must be for
the entire city by census tract or zip code. The city shall provide the census
tract or zip code data. For home loans, fixed-rate loans must be reported
separately from adjustable-rate loans.
      (2)   Small business lending information.
         (A)   The city shall assess a bank's small business lending practices
based upon data published by the Consumer Financial Protection Bureau (CFPB).
The bank shall provide the city a copy of the most recently available Dallas
data published by the CFPB.
         (B)   The bank shall provide the number and dollar amount of small
business loans originated during the previous calendar year for the entire city
by zip code or census tract and for minority- and women-owned business
enterprises in the entire city. Loans to small businesses with annual revenues
above $1 million must be reported separately from loans to small businesses
with annual revenues under $1 million consistent with CFPB reporting
requirements. The bank may use data reporting procedures mandated by the
federal Community Reinvestment Act for reporting small business loans with peer
comparisons.
      (3)   Community development loans and investments. The bank shall provide
the number and dollar amount of community development loans and investments
including loans and investments for affordable housing, small business
development, economic development, and community facilities for the entire city
by census tract or zip code. The bank may use definitions of community
development found in federal Community Reinvestment Act regulations. For each
loan and investment, the bank shall indicate if the loan or investment was for
affordable housing, small business development, economic development, community
facilities, and other such categories requested by the city treasurer.
      (4)   Checking, savings, and loan products. Information on selected
checking, savings, prepaid card, small dollar loan, and other products marketed
to Dallas residents, including information on fees, interest, and features.
      (5)   Branch closures. The bank shall provide the city with at least 30
days advance written notice of branch closures within the city or at the same
time as the notice to customers consistent with Section 42, "Notice of Branch
Closure," of the Federal Deposit Insurance Act (FDIC).
      (6)   The bank shall provide an update to the information it submitted as
part of its proposal in accordance with Section
2-78(a), focused on the results of its efforts since the prior submission, and
any changes of note to its partnerships, participation, or activities. (Ord.
32211)
SECS. 2-79 THRU 2-80.   RESERVED.
   (Repealed by Ord. Nos. 17226; 17393; 31049)
ARTICLE VIII-a.
CLAIMS AGAINST THE CITY.
Division 1. Tort Claims.
SEC. 2-81.   FILING CLAIMS AGAINST THE CITY.
   Any person wishing to file a claim against the city shall file the claim
with the office of risk management in compliance with the form requirements and
six- month notice requirements set forth in Sections 1, 2, and 3, Chapter XXIII
of the city charter. (Ord. Nos. 21674; 22026; 26225; 28424; 27805)
SEC. 2-82.   HANDLING BY CITY ATTORNEY.
   The city attorney is authorized to investigate, settle, and recommend
disposition of all claims against the city that are alleged to have resulted
from any act or omission of an officer, servant, or employee of the city. (Ord.
Nos. 14211; 20527; 22026; 26225; 28424; 28705)
SEC. 2-83.   HANDLING BY DIRECTOR OF RISK MANAGEMENT.
   The director of risk management is authorized to assist the city attorney in
investigating, settling, and recommending disposition of any claim against the
city for property damage, personal injury, or wrongful death that is alleged to
have resulted from the negligent act or omission of an officer, servant, or
employee of the city. The director of risk management is further authorized to
investigate, at the request of the city attorney, any other claim against the
city. (Ord. Nos. 20527; 22026; 26225; 28424; 28705)
SEC. 2-84.   PAYMENT OF A PROPERTY DAMAGE, PERSONAL INJURY, OR WRONGFUL DEATH
CLAIM WITHOUT PRIOR CITY COUNCIL APPROVAL.
   (a)   The city controller shall, without prior city council approval, pay a
claim for property damage, personal injury, or wrongful death that has been
settled for an amount that does not exceed $25,000 when payment is recommended
by the city attorney, or by the director of risk management when assisting the
city attorney in handling the claim, and approved by the city manager, except
that payment of a meritorious claim, in whatever amount, must be approved by
the city council as required by Section 4, Chapter XXIII of the city charter.
   (b)   For purposes of this section, claims for property damage, personal
injury, and wrongful death resulting from the same occurrence may be considered
as separate claims. (Ord. Nos. 14211; 15279; 17353; 20527; 21354; 22026; 24415;
26225; 28424; 28705)
SEC. 2-85.   NON-WAIVER OF NOTICE OF CLAIM.
   The delegation of authority to the city attorney or the director of risk
management prescribed by this division does not grant the city attorney or the
director of risk management authority to waive the six months written notice of
claim requirement contained in Sections 1 and 2, Chapter XXIII of the city
charter. (Ord. Nos. 14211; 20527; 22026; 26225; 28424; 28705)
Division 2. Breach of Contract Claims.
SEC. 2-86.   NOTICE REQUIRED FOR CERTAIN BREACH OF CONTRACT CLAIMS.
   (a)   In this division:
      (1)   CITY CONTRACT or CONTRACT means a written contract that is properly
executed or entered into by the city.
      (2)   DIRECTOR means the director of the city department that is
responsible for administering the city contract that is the subject of a claim
filed pursuant to this section, or the director’s designee.
      (3)   PERSON means an individual, corporation, partnership, professional
corporation, limited liability company, or any other legally constituted and
existing business entity, other than the city.
   (b)   This section applies to any alleged breach of contract by the city
occurring on or after January 30, 2006.
   (c)   A person may not file or maintain a lawsuit or alternative dispute
resolution proceeding to recover damages for the city’s breach of a city
contract unless, as a condition precedent and a jurisdictional prerequisite to
the filing of the lawsuit or proceeding:
      (1)   the person files a notice of claim with the city manager in
writing, in the form prescribed in Subsection (d) of this section, not later
than 180 days after the date of occurrence of the event that gives rise to the
breach of contract claim; and
      (2)   the city council, or the city manager in the case where a change
order or contract amendment may be authorized by administrative action or
administrative change order, neglects or refuses to pay all or part of the
claim on or before the 90th day after the date of presentation of written
notice in accordance with this section.
   (d)   The written notice of claim required under Subsection (c) must:
      (1)   state the facts giving rise to the alleged breach;
      (2)   state the legal theory justifying recovery for the alleged breach;
      (3)   state the amount the person seeks in damages; and
      (4)   include supporting documentation indicating how those damages were
calculated.
   (e)   The city attorney is authorized to investigate, evaluate, and
recommend settlement or disposition of any breach of contract claim made
against the city pursuant to this section.
   (f)   The city manager and the director shall assist the city attorney in
the investigation, evaluation, and recommendation processes related to the
settlement and disposition of a breach of contract claim made against the city
pursuant to this section.
   (g)   The delegation of authority conferred under Subsection (e) or (f) does
not include the authority to waive any requirements of this section.
   (h)   Nothing in this section supersedes, modifies, or excuses compliance
with any other requirement for notices established by any city contract, law,
or equity.
   (i)   A person filing a claim under this section is not entitled to recover
attorney’s fees, either as a part of the damages calculated in the notice of
claim or in any subsequent lawsuit or alternative dispute resolution
proceeding.
   (j)   Nothing in this section may be construed as waiving the city’s
governmental immunity from suit or liability.
   (k)   The provisions of this section are incorporated by reference into all
existing and future city contracts.
   (l)   The city manager may, with the concurrence of the city attorney, elect
to treat a notice received pursuant to this section as a demand for nonbinding
mediation. If the city manager treats the notice as a demand for nonbinding
mediation, the city manager shall, within a reasonable time, notify the person
filing the claim of that election and of the applicable procedures to be
followed. The notice of nonbinding mediation extends by 60 days the applicable
period for responding to a claim notice set forth in Subsection (c)(2). (Ord.
Nos. 26225; 28705)
SEC. 2-87.   PAYMENT OF A BREACH OF CONTRACT CLAIM WITHOUT PRIOR CITY COUNCIL
APPROVAL.
   The city controller shall, without prior city council approval, pay a breach
of contract claim that has been settled for an amount that does not exceed
$25,000 when payment is recommended by the city attorney and approved by the
city manager. (Ord. 28705)
Division 3. Miscellaneous Claims, Fines, Penalties, and Sanctions against the
City.
SEC. 2-88.   HANDLING AND INVESTIGATION OF MISCELLANEOUS CLAIMS, FINES,
PENALTIES, AND SANCTIONS AGAINST THE CITY.
   (a)   The city attorney is authorized to investigate, evaluate, and
recommend settlement or disposition of:
      (1)   any claim made against the city (other than a property damage,
personal injury, or wrongful death claim governed by
Division 1 of this article or a breach of contract claim governed by
Division 2 of this article); or
      (2)   any fine, penalty, or sanction imposed upon the city.
   (b)   The city manager or the city manager’s designee shall assist the city
attorney in the investigation, evaluation, and recommendation processes related
to the settlement and disposition of a claim, fine, penalty, or sanction under
this division. (Ord. 28705)
SEC. 2-89.   PAYMENT OF A MISCELLANEOUS CLAIM, FINE, PENALTY, OR SANCTION
WITHOUT PRIOR CITY COUNCIL APPROVAL.
   The city controller shall, without prior city council approval, pay any
claim made against the city (other than a property damage, personal injury, or
wrongful death claim governed by
Division 1 of this article or a breach of contract claim governed by
Division 2 of this article) or any fine, penalty, or sanction imposed upon the
city that has been settled for an amount that does not exceed $25,000 when
payment is recommended by the city attorney and approved by the city manager.
(Ord. 28705)
SECS. 2-90 THRU 2-94.   RESERVED. 
(Ord. Nos. 20527; 26225; 28705)
ARTICLE IX.
PERMIT AND LICENSE APPEAL BOARD.
SEC. 2-95.   PERMIT AND LICENSE APPEAL BOARD - CREATED; FUNCTION; TERMS.
   (a)   There is hereby created the permit and license appeal board of the
city, which shall be composed of 15 members. Each city council member shall
appoint one member to the board. The mayor shall appoint the board chair, and
the full city council shall appoint the vice-chair.
   (b)   The permit and license appeal board shall hear appeals of department
directors’ actions on licenses and permits issued by the city filed in
accordance with Section
2-96 of this chapter and requests for exemptions from locational restrictions
filed in accordance with Section
14-2.3,
14-2.4, or
41A-14 of this code, whichever applies.
   (c)   Each member shall be appointed for a two- year term beginning on
October 1 of each odd- numbered year. All members shall serve until their
successors are appointed and qualified. (Ord. Nos. 18200; 21153; 21514; 22259;
23386; 25002; 29645)
SEC. 2-95.1.   TRAINING.
   (a)   Every person appointed as a member of the permit and license appeal
board must attend a one-day training course before hearing an appeal under
Section
2-96 of this chapter or a request for an exemption from locational restrictions
under Section
14-2.3,
14-2.4, or
41A-14 of this code, whichever applies. The training course will include, but
not be limited to:
      (1)   an orientation session concerning the powers and duties of the
permit and license appeal board and the procedures and requirements for hearing
appeals and requests for exemptions from locational restrictions;
      (2)   instruction in the city’s ordinances governing the various licenses
and permits issued by the city that may be involved in appeals to the permit
and license appeal board;
      (3)   instruction concerning locational restrictions contained in
Chapters 14 and
41A of this code and the procedures and requirements for obtaining exemptions
from those restrictions; and
      (4)   a mock hearing or an observation of an actual hearing.
   (b)   A person who fails to attend the one-day training course within 90
days from the date of appointment as a member of the permit and license appeal
board shall forfeit that position with the city, and that position becomes
vacant. (Ord. Nos. 23386; 23736; 25002)
SEC. 2-96.   APPEALS FROM ACTIONS OF DEPARTMENT DIRECTORS.
   (a)   If the director of a city department denies, suspends, or revokes a
license or permit over which the director has regulatory authority, and no
appeal is provided by ordinance to another city board, the action is final
unless the applicant, licensee, or permittee files a written appeal to the
permit and license appeal board with the city secretary within 10 calendar days
after the date of receiving notice of the director’s action.
   (b)   If a written request for an appeal hearing is filed with the city
secretary within the 10-day limit, the permit and license appeal board shall
hear the appeal. The city secretary shall set a date for the hearing within 60
days after the date the appeal is filed.
   (c)   The permit and license appeal board shall hear and consider evidence
offered by any interested person. The formal rules of evidence do not apply.
The permit and license appeal board shall decide the appeal on the basis of a
preponderance of the evidence presented at the hearing if there is a dispute of
fact, otherwise the board shall decide the appeal in accordance with the
provisions of this code. The board shall affirm, reverse, or modify the action
of the director by a majority vote. Failure to reach a majority decision on a
motion leaves the director’s decision unchanged. A hearing of the permit and
license appeal board may proceed if a quorum of the board is present. The
decision of the permit and license appeal board is final as to administrative
remedies, and no rehearing may be granted. (Ord. Nos. 18200; 20279; 21185;
23386; 25002)
SEC. 2-97.   RESETS AND CONTINUANCES OF HEARINGS BEFORE THE PERMIT AND LICENSE
APPEAL BOARD.
   (a)   A request for a reset or continuance of an appeal hearing or of a
hearing on an exemption from a locational restriction must be granted by the
city secretary if the request is received in writing by the city secretary not
less than 10 days before the scheduled hearing date.
   (b)   The city secretary may not grant any request for a reset or
continuance received less than 10 days before a scheduled hearing date, unless
the city secretary, after notifying all parties to the appeal or exemption
hearing of the request, determines that:
      (1)   exigent, compelling, or exceptional circumstances exist that:
         (A)   were unforeseen by and beyond the control of the person
requesting the reset or continuance; and
         (B)   require immediate action or attention by the person requesting
the reset or continuance; and
      (2)   no opposing party will be unreasonably damaged or inconvenienced by
the reset or continuance.
   (c)   Notwithstanding Subsection (a) of this section, a party that has been
granted one reset of a scheduled hearing may not be granted another reset of
any scheduled hearing for the same appeal or request for an exemption unless
the city secretary makes the determinations required by Subsection (b) of this
section. (Ord. Nos. 23386; 25002)
SEC. 2-98.   PUBLIC NOTICE REQUIREMENTS FOR HEARINGS ON EXEMPTIONS FROM
LOCATIONAL RESTRICTIONS.
   If a permit or license is denied because of a locational restriction and the
applicant is seeking an exemption to the locational restriction from the permit
and license appeal board, a nonrefundable public notice fee of $100 must be
paid to the director of development services at the time the written request
for the exemption hearing is filed. Not less than 10 days before the hearing
date, the director of development services shall publish notice of the hearing
in a newspaper of general circulation and provide written notice of the hearing
to all neighborhood associations registered with the department of development
services to receive zoning notices for the area in which the subject of the
exemption is located. The director of development services may waive the $100
public notice fee upon receipt of an affidavit from the applicant showing
financial hardship. (Ord. Nos. 23386; 25002; 25047; 27697; 32002)
SEC. 2-99.   APPEALS TO STATE DISTRICT COURT.
   Once the decision of the permit and license appeal board is final under
Section
2-96 of this chapter for an appeal of a department director’s action on a
license or permit or under Section
14-2.3,
14-2.4, or
41A-14 of this code, whichever applies, for a request for an exemption from a
locational restriction, the decision may be appealed to the state district
court by the city, by the applicant, licensee, or permittee, or by any other
person aggrieved by the decision. An appeal to the state district court must be
filed within 20 days after the date of the board’s final decision. An appeal to
the state district court is limited to a hearing under the substantial evidence
rule. (Ord. Nos. 18200; 20279; 21185; 23386; 25002)
SEC. 2-100.   RESERVED.
ARTICLE X.
PUBLIC ART PROGRAM.
SEC. 2-101.   PURPOSE.
   The city recognizes the importance of expanding the opportunities for its
citizens to experience public art and other projects resulting from the
creative expression of its visual artists in public places of the city. The
city further recognizes the substantial economic benefits to be gained in the
form of increased tourism through enhancement of public spaces and consequent
retail activity throughout the city. A policy is established in this article to
include works of art and design services of artists in certain city capital
improvement projects. (Ord. Nos. 20064; 20267)
SEC. 2-102.   DEFINITIONS.
      (1)   ANNUAL PUBLIC ART PROJECTS PLAN means a prioritized list, to be
recommended by the arts and culture advisory commission and approved by the
city council, of visual projects, including budgets and recommended design
approaches, developed by the public art committee in consultation with city
departments anticipating capital improvement projects.
      (2)   BONDS means all general obligation bonds, revenue bonds,
certificates, notes, or other obligations authorized and issued by the city.
      (3)   CITY means the city of Dallas, Texas.
      (4)   CITY BOND PROCEEDS means the proceeds from bonds payable from a
pledge of all or part of any revenues, funds, or taxes, or any combination
thereof. The term does not include proceeds of bonds authorized and issued by
the city to refund or otherwise refinance other bonds.
      (5)   CITY CAPITAL IMPROVEMENT PROJECT means any permanent public
improvement project paid for wholly or in part by monies appropriated by the
city to construct, improve, or renovate a building, including its appurtenant
facilities, a decorative or commemorative structure, a park, a street, a
sidewalk, a parking facility, a utility, or any portion thereof, within the
city limits or under the jurisdiction of the city. This term includes projects
at the Dallas/Fort Worth International Airport only upon approval of the public
art program by the airport board and the city of Fort Worth.
      (6)   DEMOLITION COSTS means payments for any work needed for the removal
of a building or other existing structure from city property.
      (7)   EQUIPMENT COSTS means payments for any rolling stock, equipment, or
furnishing that is portable and of standard manufacture or that is installed as
part of normal major maintenance, whether portable or affixed. The term does
not include an item, whether portable or affixed, that is custom designed or
specially fabricated for a facility.
      (8)   NORMAL MAJOR MAINTENANCE COSTS means payments for any work needed
to maintain and preserve city property in a safe and functional condition,
including, but not limited to, the cleaning, replacement, and repair of floors,
ceilings, roofs, landscaping, and plumbing, mechanical, and electrical systems.
      (9)   PUBLIC ART ACCOUNT means a separate account established within each
capital improvement project fund by the city to receive monies appropriated to
the public art program; provided that:
         (A)   city bond proceeds to be used for the public art program must be
maintained in the respective bond funds established in accordance with the city
ordinance authorizing the issuance of the bonds; and
         (B)   monies from non-bond sources that are appropriated from a city
fund to be used for the public art program must be maintained in a separate
account within that fund.
      (10)   PUBLIC ART ADMINISTRATION FUND means an annual appropriation from
each public art account for administration of the public art program.
      (11)   PUBLIC ART COLLECTION means all city-owned artworks that are not
under the care and control of nonprofit institutions operating under management
agreements with the city.
      (12)   PUBLIC ART COMMITTEE means a subcommittee of the arts and culture
advisory commission appointed to oversee quality control of the public art
program and projects and to report to and recommend to the arts and culture
advisory commission the scope of projects, artworks, and artists for the public
art program. The public arts committee shall be composed of three members who
are full city council appointments to the arts and culture advisory commission
and eight members who are professionally qualified residents appointed by the
arts and culture advisory commission.
      (13)   REAL PROPERTY ACQUISITION COSTS means payments made for the
purchase of parcels of land, and any existing buildings, structures, or
improvements on the land, and costs incurred by the city for appraisals or
negotiations in connection with the purchase. (Ord. Nos. 20064; 20267; 20456;
21972; 31049)
SEC. 2-103.   FUNDING OF THE PUBLIC ART PROGRAM.
   (a)   Appropriations. Beginning January 1, 1989, all appropriations for city
capital improvement projects, whether financed with city bond proceeds or city
monies from any other source, shall include an amount equal to 1.5 percent of
the total capital improvement project appropriation, or an amount equal to 0.75
percent of the total appropriation for a project that is exclusively for
street, storm drainage, utility, or sidewalk improvements, to be used for
design services of artists, for the selection, acquisition, commissioning, and
display of artworks, and for administration of the public art projects. Monies
appropriated as part of one project, but not deemed necessary by the city
council in total or in part for the project, may be expended on other projects
approved under the annual public art projects plan; provided that proceeds from
bonds issued and authorized for a particular use or purpose shall not be used
or diverted for a different use or purpose.
   (b)   Grants and contributions from non-city sources. Beginning January 1,
1989, each city department shall include in every application to a granting
authority for a capital improvement project grant an amount for artists’
services and artworks in accordance with this article. The public art
appropriation shall apply to all capital improvement projects financed with
grants or contributions from private persons or governmental or public
agencies, subject to conditions of the granting or contributing person or
agency. If the public art appropriation is not allowed as a reimbursable
expense, only the city- funded portion of the project is subject to the public
art appropriation.
   (c)   Method of calculation. The minimum amount to be appropriated for
artists’ services and artworks is equal to the total city capital improvement
project appropriation multiplied by 0.015, or by 0.0075 if the project is
exclusively for street, storm drainage, utility, or sidewalk improvements;
provided that amounts budgeted for real property acquisition costs, demolition
costs, equipment costs, normal major maintenance costs, financing costs, costs
paid for from the contingency reserve fund, capital reserve funds, or interest
earnings on city bond proceeds, costs of any below-grade water or wastewater
improvements, and costs of resurfacing or repair of existing streets,
sidewalks, and appurtenant drainage improvements are not subject to the
calculation.
   (d)   Public art accounts. Amounts appropriated pursuant to this article
shall be established by the city manager, or his designee, in a public art
account within each capital improvement project fund. Contributions to the
public art program from private sources shall be deposited into a separate
public art account, subject to any donor’s conditions within the instrument of
conveyance. Disbursements from each public art account must be made in
accordance with the annual public art projects plan and this article.
   (e)   City bond financed projects.
      (1)   This article shall apply to a city capital improvement project
financed with proceeds from:
         (A)   general obligation bonds authorized and approved by the voters
on or after January 1, 1989; or
         (B)   revenue bonds, certificates, notes, or other obligations
authorized and approved by the city council on or after January 1, 1989.
      (2)   This article shall not apply to any refunding bond proceeds.
      (3)   The public art appropriation on a city capital improvement project
financed with city bond proceeds shall be established in the fiscal year in
which the bonds are sold.
      (4)   In developing the capital improvement program for bond-financed
capital improvement projects, the city manager may recommend that the city
council exempt certain bond-financed capital improvement projects from the
application of this article. The city manager’s recommendations shall govern
unless the city council provides otherwise.
      (5)   If a city capital improvement project is financed with city bond
proceeds, the use of any amounts appropriated for artists’ services and works
of art in accordance with this article must be consistent with any voted
proposition approved by the voters of the city, any resolution or ordinance
adopted by the city council authorizing issuance of the bonds, and applicable
state or federal law. In no event shall city bond proceeds be used for public
art maintenance purposes.
   (f)   Water and wastewater utility projects.
      (1)   Notwithstanding any other provision of this article, the public art
appropriation for that portion of a city capital improvement project financed
with Dallas water utilities department revenues shall not exceed 0.75 percent
of the total water utilities revenues appropriated for the capital improvement
project.
      (2)   This article shall not apply to:
         (A)   any city capital improvement project financed with Dallas water
utilities department revenues that is located outside the city limits; or
         (B)   any below-grade capital improvement financed with Dallas water
utilities department revenues, whether or not the below-grade improvement is
part of a city capital improvement project that involves at-grade or above-
grade improvements.
   (g)   City council exclusions. When adopting the capital budget each year,
the city council may exclude individual city capital improvement projects from
the application of this article. (Ord. Nos. 20064; 20267)
SEC. 2-104.   USES OF MONIES IN PUBLIC ART ACCOUNTS.
   (a)   Monies appropriated under this article may be used for artists’ design
concepts and for the selection, acquisition, purchase, commissioning,
placement, installation, exhibition, and display of artworks. Artworks must be
of a permanent nature and may be integral to the architecture or incorporated
into the city capital improvement project.
   (b)   Up to 20 percent of the total annual public art appropriation shall be
used to establish the public art administration fund and may be used to pay the
costs incurred in the administration of the public art program, including
project administration, artist- selection-related costs, architect’s fees where
collaboration is involved, design, drawing, and maquette costs, community
education, insurance, curatorial services, identifying plaques, documentation,
publicity, and such other purposes as may be deemed appropriate by the city
council for the administration of the public art program. (Ord. Nos. 20064;
20267)
SEC. 2-105.   ADMINISTRATION OF THE PUBLIC ART PROGRAM - RESPONSIBILITIES.
   (a)   Arts and culture advisory commission and the office of arts and
culture. The arts and culture advisory commission, acting in cooperation with
the director of arts and culture, shall have the following duties and
responsibilities associated with the administration of the public art program:
      (1)   The overall administration of the public art program, including the
selection of resident members of the public art committee, the establishment of
program policies and guidelines, the recommendations of program budgets, and
the approval of all selection juries and all other recommendations made by the
public art committee to the arts and culture advisory commission.
      (2)   The establishment of policies and guidelines to facilitate and
encourage the donation of high quality artworks to the city.
      (3)   The establishment of policies and guidelines to ensure that the
long-term collection of artworks by the city represents a broad range of
artistic schools, styles, tastes, and media, without giving exclusive support
to any particular one, and gives consideration to affirmative action.
      (4)   The review of a survey, to be updated annually, of the condition of
the public art collection. The survey must include a report on the condition of
each artwork, prioritized recommendations for the restoration, repair, and
maintenance of the artwork, and estimated costs.
      (5)   The recommendation of an annual designation of funds for repair and
maintenance of the public art collection. Any recommendation involving a work
of art for which operation or maintenance costs exceed $5,000 a year must be
accompanied by a detailed fiscal note.
   (b)   Public art committee. The public art committee shall have the
following duties and responsibilities associated with the administration of the
public art program, with all decisions and recommendations made by the public
art committee being subject to the review and approval of the arts and culture
advisory commission and, when required, the city council:
      (1)   The commission of artworks; the review of the design, execution,
and placement of artworks; and the overseeing of the removal of artworks from
the public art collection.
      (2)   The designation of sites for implementation of the public art
program; the recommendation of the scope and budget of public art program
projects; and the overseeing of the artist selection process.
      (3)   The selection of juries, to be composed of professionals in the
visual arts and design fields and members of the community, who will recommend
artists and artworks of the highest quality.
      (4)   The education of the community on the public arts program.
      (5)   The review and recommendation for approval of any artworks proposed
to be donated to the city. (Ord. Nos. 20064; 20267; 20456; 21972; 22026; 23694;
31049; 31333, eff. 10/1/19)
SECS. 2-106 THRU 2-117.   RESERVED.
ARTICLE XI.
FILLING TEMPORARY VACANCIES.
SEC. 2-118.   DESIGNATION, APPOINTMENT AND DUTIES OF TEMPORARY ACTING AND
ACTING CITY MANAGER.
   The following procedures shall be used to fill the position of city manager
where a temporary vacancy of the type specified occurs in that position, and
such successors shall be responsible for the duties as ascribed thereto:
   (a)   Designation and duties of temporary acting city manager. The city
manager shall, by written memorandum filed with the city secretary and with
copies forwarded to each member of the city council, the city auditor, the city
attorney and all other department directors, designate one of his assistants
who shall have and exercise the powers and duties of the city manager during
his absence from the city for any reason. Any documents, orders or official
papers signed by him shall be presumed to have been signed during the absence
of the city manager and in his official capacity while so acting. The authority
and responsibility of the city manager shall continue to exist concurrently
with those of the temporary acting city manager and he shall resume his duties
upon his return.
   (b)   Appointment and duties of acting city manager.
      (1)   In the event the city manager is absent from the city for an
extended period of time for whatever reason or is unable to perform his duties
by reason of any illness or disability, the city council may appoint a
temporary successor to be titled acting city manager to perform the duties of
the city manager until his return to the city or his recovery from such illness
or disability. During such period of time, the city manager shall be relieved
of his authority and responsibilities.
      (2)   In the event the position of city manager becomes vacant by reason
of termination or dismissal, the city council may appoint a temporary successor
as acting city manager to perform the duties of city manager, pending the
selection and appointment of a successor on a permanent basis.
      (3)   Any such temporary appointment shall be made at a regular meeting
of the city council by majority vote, and a copy of the memorandum of
appointment shall be promptly furnished the mayor, each member of the city
council, the city attorney and to department directors.
      (4)   During the term of a temporary appointment, the acting city manager
shall have the powers and duties of the city manager, as set forth in the
charter, ordinances and resolutions. (Ord. 13015)
SEC. 2-119.   DESIGNATION, APPOINTMENT AND DUTIES OF TEMPORARY ACTING AND
ACTING DEPARTMENT DIRECTORS; “DEPARTMENT DIRECTOR” DEFINED.
   As used herein, the term “department director” means the official of any
department of the city whose title is “director,” “chief” or “manager” thereof
or any other official who is the head of any administrative department or
office of the city.
   The following procedures shall be used to fill vacancies as they may occur
with respect to the director of any city department, and the successor in
office shall be responsible for the duties as ascribed thereto:
   (a)   Designation and duties of temporary acting department director. Every
department director shall, by written memorandum filed with the city manager in
the case of those appointed by him and with the city secretary, city auditor
and the city attorney, designate one of his assistants to be temporary acting
department director who shall have and exercise the powers of the department
director during his absence from the city for any reason. The authority and
responsibility of the department director shall continue to exist concurrently
with the temporary acting department director, and he shall resume his duties
upon his return.
   (b)   Appointment and duties of acting department director.
      (1)   In the event a department director is absent from the city for an
extended period of time, or is deemed by the city council, city manager, board
or commission that has the appointing authority with respect to the department
director, to be unable to perform his duties by reason of any illness or
disability, the appointing authority may appoint a temporary successor, with
the title of acting department director, to perform the duties of the
department director until his return to the city, or his recovery from such
illness or disability.
      (2)   In the event a department director’s position is vacated by reason
of termination or dismissal, or if a new department is established, the
appointing authority may appoint an acting department director to exercise the
duties of the position pending the selection and appointment of the department
director on a permanent basis.
      (3)   Appointments to positions of acting department director made by the
appointing authority shall be by memorandum and a copy of such memorandum shall
promptly be furnished the city manager, in cases of action by the council, a
commission or board, the city secretary, the city auditor and the city
attorney. The city secretary shall retain in an official file a signed copy of
every such memorandum for a period of five years from the date thereof.
      (4)   During the term of such appointment, the acting department director
shall have the same powers and duties of the department director, as set forth
in the charter, ordinances and resolutions. During such term of appointment,
the department director shall be relieved of his authority and
responsibilities. (Ord. 13015)
ARTICLE XII.
ENVIRONMENTAL COMMISSION.
SEC. 2-120.   ENVIRONMENTAL COMMISSION - CREATED; FUNCTION; TERMS; MEETINGS.
   (a)    There is hereby created an environmental commission of the city,
which shall be composed of 15 voting members of the general public and eight
non-voting technical expert members. Each city council member shall appoint one
voting member to the commission. The mayor shall appoint the commission chair;
and the full council shall appoint the vice-chair. The non-voting technical
experts shall be appointed by the full council from each sector of the
comprehensive environmental and climate action plan ("CECAP"). Two of the
general public members must have public health experience. All other general
public members must have a minimum of two years environmental experience or a
minimum of two years of neighborhood environmental advocacy.
      (1)   Public health experience may be demonstrated through documented
experience which meets the Center for Disease Control's definition of public
health that includes promoting healthy lifestyles, researching disease and
injury prevention, and detecting, preventing, and responding to infectious
diseases. This qualification may include employment with a health-related
entity such as a hospital, clinic, a public health organization, or a non-
profit focused on improving local public health.
      (2)   Environmental experience may be demonstrated through documented
education, professional registrations or certifications, or expertise in one or
more areas of the CECAP. This qualification may include, but is not limited to,
citizen-science certifications, or a bachelor of science or arts in related
engineering, environmental sciences, environmental management systems, natural
sciences, architecture, landscape architecture, agriculture, and other
documented backgrounds related to local, state, and federal laws, or
environmental regulations.
      (3)   Neighborhood environmental advocacy may be demonstrated through
documented residency in neighborhoods negatively impacted by environmental
issues, with related experience with local neighborhood issues including, but
not limited to, transportation, water and waste management, zoning and land use
issues, or experience relevant to one or more sections of the CECAP.
   (b)   A quorum exists when there are physically present a simple majority of
the number of members officially appointed to the environmental commission,
regardless of the total number of members actually provided for the
environmental commission, except that a quorum may not be fewer than six
members. Issues are decided by a simple majority of the members present. Each
member who is present and entitled to vote must vote in accordance with
Chapter 8 of the Dallas City Code.
   (c)   The environmental commission shall advise on the CECAP implementation
and environmental issues which arise in the city.
   (d)   All members shall be appointed for an initial term to expire on June
14, 2023. Subsequent appointments shall be made in September of each odd-
numbered year for a two-year term beginning October 1. All members shall serve
until their successors are appointed and qualified. A vacancy for the unexpired
term of any members shall be filled in the same manner as the original
appointment was made. The members shall serve without compensation.
   (e)   The commission, unless there is no business for the commission to
consider, must meet at least once per month and may hold additional meetings at
the call of the chair. The commission shall receive public comment at every
meeting of the commission, standing committees, and ad hoc committees.
   (f)   The commission shall adopt, subject to approval of city council,
rules, not inconsistent with state law or city ordinances, governing its
proceedings and establishing committees of the commission.
   (g)   This article expires on June 14, 2025, unless reenacted with an
amendment prior to that date. The city council shall review this section and
hold a public hearing on the matter prior to that date. (Ord. Nos. 31847;
32466)
SEC. 2-121.   TECHNICAL RESOURCE PANEL.
   (a)   There is hereby created a technical resource panel to be composed of
eight members appointed by the city council to serve as non-voting technical
members of the commission.
      (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 city manager may nominate members of the first technical
resource panel, as recommended by the Office of Environmental Quality and
Sustainability, through consultation with the Environment and Sustainability
Task Force, for approval by the full council.
      (3)   Following the initial appointments, future technical resource panel
members may be nominated by the city manager, as recommended by the Office of
Environmental Quality and Sustainability, through consultation with the
Environmental Commission, for approval by the full council.
   (b)   Each member of the technical resource panel must have at least four
years of experience in one of the eight sectors of the CECAP, causing each
sector to be represented on the panel. Additionally, appointments to the panel
must, to the extent possible, be representative of the ethnic diversity of the
city.
   (c)   Members of the technical resource panel are not required to be
residents of the city or qualified voters in the city.
   (d)   Members of the technical resource panel serve two-year terms and are
subject to the same conflict of interest and confidentiality restrictions that
are applicable to members of the commission. Members of the technical resource
panel are subject to forfeiture of membership on the same basis as members of
the commission.
   (e)   Members of the technical resource panel shall attend and fully
participate in all meetings and deliberations of the commission, including
closed sessions, but shall not be entitled to vote as members of the
commission.
   (f)   The technical resource panel shall use its expertise and experience in
environmental matters to assist the commission to the fullest extent possible
in the review of all issues coming before the commission.
   (g)   The technical resource panel does not have any oversight
responsibility or oversight authority with respect to the commission.
   (h)   Nothing in this section prohibits the commission from seeking
additional outside technical expertise and advice, as necessary. (Ord. 31847)
SEC. 2-122.   ENVIRONMENTAL HEALTH COMMITTEE.
   (a)   There is hereby created a committee of the environmental commission to
be known as the environmental health committee, hereinafter called the
"committee", composed of five members. The committee shall be appointed within
60 days following the effective date of the establishment of the commission.
The committee shall be composed of the two general public members of the
commission having public health experience and three additional members from
general public not currently serving on the commission, appointed by the
chairman of the commission. Initial appointments to the committee shall expire
on June 14, 2023. Subsequent appointments shall be made in September of each
odd-numbered year for a two-year term beginning October 1 and members shall
serve without compensation. The chairman of the commission shall designate a
chairman and vice- chairman of the committee from the members of the commission
having public health experience. The commission chairman may appoint up to
three alternate members to the committee who serve in the absence of one or
more regular members when requested to do so by the chairman or by the city
manager. The alternate members serve for the same period and are subject to
removal the same as regular members. The commission chairman shall fill
vacancies occurring in the alternate membership the same as in the regular
membership.
   (b)   The committee shall meet at least once per quarter with additional
meetings upon call by the committee chairman or a simple majority of the
committee members. A simple majority of the members present shall constitute a
quorum and issues shall be decided by a simple majority vote of the members
present. The Office of Environmental Quality and Sustainability shall furnish
support to the committee.
   (c)   The function of the committee shall be to advise the commission on
environmental health issues as they arise across the city, including, but not
limited to, potential health aspects of environmental policy recommendations
from the commission to the city council and to address specific community
public health concerns with an identified environmental origin. (Ord. 31847)
SECS. 2-123 THRU 2-124. RESERVED.
(Repealed by Ord. 24316)
ARTICLE XIII.
MARTIN LUTHER KING, JR. COMMUNITY CENTER BOARD.
SEC. 2-125.   DEFINITIONS.
   In this article:
   (1)   MARTIN LUTHER KING, JR. COMMUNITY CENTER means the group of buildings
located in the 2900 block of Forest Avenue in the city that are in proximity to
one another and in which the city and other agencies or organizations offer a
consolidation of various community services into a single delivery system in
response to the needs of the community.
   (2)   SERVICES means the functions and work performed by community agencies
concerned with the health, education, social, physical, economic and other
related needs to improve the quality of the urban environment. Such services
may be provided by privately or publicly sponsored organizations and agencies.
   (3)   SERVICE AREA means the geographical area within the city primarily
served by the Martin Luther King, Jr. community center, as shall be delineated
by the city council.
   (4)   BOARD means the Martin Luther King, Jr. community center board. (Ord.
Nos. 13384; 14941; 15574; 15955)
SEC. 2-126.   CREATED; TERMS; MEMBERSHIP; VACANCIES.
   (a)   There is hereby created the Martin Luther King, Jr. community center
board, which shall consist of 15 members. Each city council member shall
appoint one member to the board. The mayor shall appoint the chair, and the
full city council shall appoint the vice-chair.
   (b)   Each member shall be appointed for a two- year term beginning on
October 1 of each odd- numbered year. All members shall serve until their
successors are appointed and qualified.
   (c)   If a vacancy occurs in a board position held by a member appointed
directly by the city council, the city council shall appoint a new member to
serve for the unexpired term. If a vacancy occurs in a board position held by a
member appointed from service area nominations, the vacancy may not be filled,
and that position will not be counted in determining total board membership for
quorum purposes. (Ord. Nos. 13384; 14083; 14941; 15574; 15955; 15979; 21153;
21514; 22259; 29645)
SEC. 2-127.   FUNCTIONS.
   (a)   The board shall serve in an advisory capacity and shall make
recommendations to the city center manager concerning programs and policies
within the service center.
   (b)   The board shall submit an annual report to the city council in
accordance with Section
8-1.1 of this Code. (Ord. Nos. 13384; 14941; 15955)
SEC. 2-128.   RESERVED.
   (Repealed by Ord. 17393)
SEC. 2-129.   TREATMENT OF BUDGET.
   The budget of the center shall be approved by the city council and treated
as is the budget of other city departments by referring it to the city manager
through the usual budget administration process. (Ord. Nos. 13384; 14941;
15955)
ARTICLE XIV.
SOUTH DALLAS/FAIR PARK OPPORTUNITY FUND BOARD.
SEC. 2-130.   SOUTH DALLAS/FAIR PARK OPPORTUNITY FUND BOARD - CREATED; TERMS;
MEMBERSHIP.
   (a)   There is hereby created the South Dallas/Fair Park Opportunity Fund
board of the city, which shall be an advisory body of 15 members. Each city
council member shall appoint one member to the board. The mayor shall appoint
the chair, and the full city council shall appoint the vice-chair.
   (b)   Each member shall be appointed for a two-year term beginning on
October 1 of each odd- numbered year. All members shall serve until their
successors are appointed and qualified.
   (c)   Members of the board must meet the following qualifications:
      (1)   Eight members must meet any of the following qualifications:
         (A)   Be a resident of the South Dallas/Fair Park Opportunity Fund
program area as defined by city council resolution.
         (B)   Be a representative of a cultural institution or other facility
permanently housed at Fair Park.
         (C)   Be the owner or operator of a business in the South Dallas/Fair
Park Opportunity Fund program area as defined by city council resolution.
         (D)   Be actively involved in the South Dallas/Fair Park community.
      (2)   Seven members must have substantial knowledge and expertise in any
of the following areas:
         (A)   Housing development.
         (B)   Business development and operations.
         (C)   Non-profit management and operations.
         (D)   General community development principles and practices.
      (3)   In addition to the qualifications listed in Paragraphs (1) and (2)
of this subsection, at least two of the board members must have loan
underwriting experience.
   (d)   The city manager or a designated representative shall serve as an ex
officio, nonvoting member of the board. (Ord. Nos. 20570; 21153; 21514; 21765;
22414; 26811; 29645; 30905)
SEC. 2-131.   SOUTH DALLAS/FAIR PARK OPPORTUNITY FUND BOARD - DUTIES AND
RESPONSIBILITIES.
   (a)   The board shall act as an advisory body to the city manager and the
city council and shall:
      (1)   recommend to the city manager guidelines and projects for the
expenditure of the South Dallas/Fair Park Opportunity Fund; and
      (2)   perform other duties assigned by the city council or requested by
the city manager.
   (b)   The city manager shall present the recommendations of the board, along
with any recommendations of the city manager, to the city council. (Ord. Nos.
20570; 22414; 26811; 30905)
SEC. 2-132.   RESERVED.  
(Ord. Nos. 20570; 26811; 30905)
ARTICLE XV.
CHIEF FINANCIAL OFFICER.
SEC. 2-133.   POSITION OF CHIEF FINANCIAL OFFICER CREATED.
   There is hereby created the position of the chief financial officer of the
city. The chief financial officer shall be appointed by the city manager and
shall be a person professionally competent by experience and training to
perform the duties of the position. (Ord. Nos. 22026; 24410; 27697)
SEC. 2-134.   DUTIES OF THE CHIEF FINANCIAL OFFICER.
   (a)   The chief financial officer shall perform the following duties:
      (1)   Direct the cash and debt management programs of the city with
authority to make the following investment and redemption decisions:
         (A)   Purchase, at their original sale or after they have been issued,
securities that are permissible investments under state law with money that is
not required for the immediate necessities of the city and as the chief
financial officer determines is wise and expedient, and sell or exchange
securities for other eligible securities and reinvest the proceeds of the
securities so purchased.
         (B)   From time to time redeem the securities in which city money has
been invested so that the proceeds may be applied to the purposes for which the
original purchase money was designated or placed in the city treasury.
         (C)   Prepare a written report, at least once a year, describing the
investment position of the city as of the end of the date of the report.
      (2)   With the approval of the city manager, and in accordance with
Subsection (b), sell at the current market price shares of stock or corporate
bonds received from time to time by the city as a gift, donation, or bequest or
as a result of a bankruptcy proceeding; deposit the proceeds of each sale,
netted after payment of any commissions and other related expenses, in the
appropriate city fund; and carry out any terms of the gift, donation, or
bequest.
      (3)   Direct the accounting function of the city and specifically:
         (A)   establish and maintain an adequate and efficient accounting and
financial information system for the city;
         (B)   maintain comprehensive accounts of all real, personal, and mixed
property of the city; and
         (C)   maintain comprehensive accounts of all receipts and
disbursements of money, separating under proper headings each source of receipt
and the cause of each disbursement.
      (4)   Prepare and transmit regular reports detailing the activities of
all city departments, including but not limited to:
         (A)   a summary statement of the revenues and expenses of the
preceding period, transmitted to the city manager, detailed as to the
appropriations and funds, in such manner as to show the financial condition of
the city and of such department, division, and office as of the last day of the
period, reflecting the condition of each of the city funds, showing the budget
appropriation, the amount expended to the date of the report, and the
unexpended balance; and
         (B)   periodic and annual financial reports, including an annual
balance sheet.
      (5)   Serve, or designate a person to serve, as the assessor and
collector of taxes of the city and direct the assessment and collection of
taxes in accordance with state law,
Chapter 44 of this code, and Chapter XIX of the charter of the city, including
those billing and collection functions of the city as may be provided for by
contract or assigned by the city manager or ordinance.
      (6)   Administer the public utility franchises granted by the city.
      (7)   Perform such other duties as may be required by the city manager or
by ordinance of the city council.
   (b)   The chief financial officer shall conduct any sale authorized under
Subsection (a)(2) of this section as soon as is reasonably possible following
receipt of the stock or corporate bonds, using the city’s financial advisor or
investment advisor. The city manager is authorized to execute such documents,
authorizations, assignments, and endorsements as necessary to accomplish the
sale. The chief financial officer shall provide confirmation of each sale to
the director of the department designated by the city manager to carry out any
terms of the gift, donation, or bequest. The chief financial officer shall keep
an accurate record of each sale transaction.
   (c)   Whenever the director of finance is referred to in the city charter,
this code, or any other city ordinance, the term means the chief financial
officer.
   (d)   Whenever the director of public utilities or the director of consumer
services is referred to in a franchise granted by the city, those terms mean
the chief financial officer. (Ord. Nos. 22026; 23694; 24410; 27697)
ARTICLE XV-a.
CITY CONTROLLER’S OFFICE.
SEC. 2-135.   CREATED; CITY CONTROLLER AS HEAD OF OFFICE.
   There is hereby created a division of the city manager’s office to be known
as the city controller’s office of the city, the head of which shall be the
city controller who shall be appointed by the city manager. The city controller
must be a person professionally competent by experience and training to manage
the office. The office shall be composed of the city controller and such other
assistants and employees as the city council may provide upon recommendation of
the city manager. (Ord. 27697)
SEC. 2-135.1.   DUTIES OF THE CITY CONTROLLER.
   The city controller shall perform the following duties:
      (1)   Supervise and administer the city controller’s office.
      (2)   Direct the accounting function of the city and specifically:
         (A)   establish and maintain an adequate and efficient accounting and
financial information system for the city;
         (B)   maintain comprehensive accounts of all real, personal, and mixed
property of the city; and
         (C)   maintain comprehensive accounts of all receipts and
disbursements of money, separating under proper headings each source of receipt
and the cause of each disbursement.
      (3)   Prepare and transmit regular reports detailing the activities of
all city departments, including but not limited to:
         (A)   a summary statement of the revenues and expenses of the
preceding period, transmitted to the city manager, detailed as to the
appropriations and funds, in such manner as to show the financial condition of
the city and of such department, division, and office as of the last day of the
period, reflecting the condition of each of the city funds, showing the budget
appropriation, the amount expended to the date of the report, and the
unexpended balance; and
         (B)   periodic and annual financial reports, including an annual
balance sheet.
      (4)   Perform such other duties as may be required by the city manager or
by ordinance of the city council. (Ord. 27697)
ARTICLE XV-b.
OFFICE OF BUDGET AND MANAGEMENT SERVICES.
SEC. 2-135.2.   CREATED; DIRECTOR OF BUDGET AND MANAGEMENT SERVICES.
   There is hereby created a division of the city manager's office to be known
as the office of budget and management services of the city of Dallas, at the
head of which shall be the director of budget and management services, who
shall be appointed by the city manager and who shall be a person professionally
competent by experience and training to manage the office. The office will be
composed of the director of budget and management services and other assistants
and employees as the city council may provide by ordinance upon recommendation
of the city manager. (Ord. Nos. 27697; 30654; 31658)
SEC. 2-135.3.   DUTIES OF THE DIRECTOR OF BUDGET AND MANAGEMENT SERVICES.
   The director of budget and management services shall perform the following
duties:
   (1)   Supervise and administer the office of budget and management services.
   (2)   Perform such other duties as may be required by the city manager or by
ordinance of the city council. (Ord. Nos. 27697; 29478; 30654; 31658)
ARTICLE XV-c.
OFFICE OF RISK MANAGEMENT.
SEC. 2-135.4.   CREATED; DIRECTOR OF RISK MANAGEMENT.
   There is hereby created a division of the city manager’s office to be known
as the office of risk management of the city of Dallas, at the head of which
shall be the director of risk management, who shall be appointed by the city
manager and who shall be a person professionally competent by experience and
training to manage the office. The office will be composed of the director of
risk management and other assistants and employees as the city council may
provide by ordinance upon recommendation of the city manager. (Ord. 28424)
SEC. 2-135.5.   DUTIES OF THE DIRECTOR OF RISK MANAGEMENT.
   The director of risk management shall perform the following duties:
      (1)   Supervise and administer the office of risk management.
      (2)   Administer the risk management program of the city, including, but
not limited to, liability and workers’ compensation programs, procurement of
insurance policies for the city, loss control initiatives, and performance of
risk assessments.
      (3)   Perform such other duties as may be required by the city manager or
by ordinance of the city council. (Ord. 28424)
ARTICLE XVI.
DEPARTMENT OF INFORMATION AND TECHNOLOGY SERVICES.
SEC. 2-136.   CREATED; DIRECTOR OF INFORMATION AND TECHNOLOGY SERVICES.
   (a)   There is hereby created the department of information and technology
services, the head of which shall be the director of information and technology
services who shall be appointed by the city manager and who shall be a person
professionally competent by experience and training to manage such department.
   (b)   In addition to the office of director of information and technology
services, there will also be such additional personnel as may be necessary for
the administration of the department as the council may provide, upon
recommendation of the city manager. (Ord. Nos. 13718; 19312; 22026; 23694;
31333)
SEC. 2-137.   DUTIES OF DIRECTOR OF COMMUNICATION AND INFORMATION SERVICES.
   The director of information and technology services shall perform the
following duties:
      (1)   Provide all information services for administration of the affairs
of the city of Dallas to be used in municipal operations of the city and make
such reports as may be required by the city manager.
      (2)   Acquire, maintain, and operate all telephone and radio
communications systems used in municipal operations.
      (3)   Obtain and maintain radio licences from the Federal Communications
Commission on behalf of all city departments and ensure compliance with all
applicable regulations of the Federal Communications Commission.
      (4)   Perform such other duties as may be required by the city manager or
by ordinance of the city council. (Ord. Nos. 13718; 19312; 19679; 22026; 23694;
31333, eff. 10/1/19)
ARTICLE XVII.
DEPARTMENT OF SANITATION SERVICES.
SEC. 2-138.   CREATED; DIRECTOR OF SANITATION SERVICES.
   There is hereby created the department of sanitation services of the city of
Dallas, at the head of which shall be the director of sanitation services who
shall be appointed by the city manager. The director must be a person
professionally competent by experience and training to manage the department.
The department will be composed of the director of sanitation services and
other assistants and employees as the city council may provide by ordinance
upon recommendation of the city manager. (Ord. Nos. 13718; 15004; 22026; 23666;
23694)
SEC. 2-139.   DUTIES OF THE DIRECTOR OF SANITATION SERVICES.
   The director of the department of sanitation services shall perform the
following duties:
      (1)   Supervise and administer the department of sanitation services.
      (2)   Supervise and administer the city's solid waste collection and
disposal system, which is a utility of the city and includes, but is not
limited to, all facilities, equipment, services, and programs relating to the
collection, removal, disposal, and processing of solid waste.
      (3)   Perform such other duties as may be required by the city manager or
by ordinance of the city council. (Ord. Nos. 13718; 14385; 15004; 17226; 22026;
23666; 23694; 29881)
ARTICLE XVII-a.
DEPARTMENT OF TRANSPORTATION.
SEC. 2-139.1.   CREATED; DIRECTOR OF TRANSPORTATION.
   There is hereby created the department of transportation of the city of
Dallas, at the head of which shall be the director of transportation who shall
be appointed by the city manager. The director must be a person professionally
competent by experience and training to manage the department, and must be an
engineer registered to practice in the State of Texas, a planner, or possess an
equivalent combination of education and experience. The department will be
composed of the director of transportation and other assistants and employees
as the city council may provide by ordinance upon recommendation of the city
manager. (Ord. Nos. 23694; 30239; 30654)
SEC. 2-139.2.   DUTIES OF THE DIRECTOR OF TRANSPORTATION.
   The director of the department of transportation shall perform the following
duties:
      (1)   Supervise and administer the department of transportation.
      (2)   Provide for the maintenance and repair of traffic control devices
and street lights, as designated by the city manager.
      (3)   Manage neighborhood traffic calming, construction zone traffic, and
block parties.
      (4)   Plan, design, construct, maintain, and operate, by contract or with
city employees, the public lighting system that illuminates highways, streets,
and other public ways in the city, except as provided otherwise by the city
manager, the city charter, or ordinance or resolution of the city council.
      (5)   Supervise the engineering, planning, and construction, of all
traffic signals, school flashers, dynamic message signs, striping, and signing
on public rights-of-way.
      (6)   Develop and recommend to the city manager a comprehensive
transportation plan for the city.
      (7)   Review and make recommendations regarding proposed actions
implementing the transportation plan.
      (8)   Coordinate with DART, TxDOT, and other entities for the planning,
construction, and maintenance of all transportation-related improvements within
the city.
      (9)   Supervise the Thoroughfare Plan amendment process and supervise the
implementation of the Dallas Bike Plan.
      (10)   Perform such other duties as may be required by the city manager
or by ordinance of the city council.
      (11)   Supervise the coordination of engineering and construction of
traffic signals, streetlights, and associated transportation operations
elements when the work is being done by a private developer. (Ord. Nos. 23694;
27697; 28424; 30239; 30654; 32002)
ARTICLE XVIII.
SENIOR AFFAIRS COMMISSION.
SEC. 2-140.   SENIOR AFFAIRS COMMISSION - CREATED; TERMS; MEMBERSHIP; MEETINGS.
   (a)   There is hereby created the senior affairs commission of the city,
which shall be an advisory body of 15 members. Each city council member shall
appoint one member to the commission. The mayor shall appoint the chair, and
the full city council shall appoint the vice-chair.
   (b)   Each member shall be appointed for a two- year term beginning on
October 1 of each odd- numbered year. All members shall serve until their
successors are appointed and qualified.
   (c)   Members must be at least 55 years of age and must be chosen, as far as
practicable, in a manner that will represent the entire community. Members
should be persons who are concerned about senior affairs in the community.
Disqualification of an appointee under the minimum age requirement of this
subsection may be waived by the city council after a review of the specific
circumstances.
   (d)   The commission must meet at least once each month and may hold
additional meetings at the call of the chair. (Ord. Nos. 20216; 20665; 21153;
21514; 24194; 25478; 29645)
SEC. 2-141.   SENIOR AFFAIRS COMMISSION - FUNCTIONS.
   (a)   The senior affairs commission shall act as an advisory body to the
city manager and the city council and shall:
      (1)   recommend the role of the city and the commission in ensuring the
provision of services to the elderly;
      (2)   advise the city council as requested on elderly issues;
      (3)   provide access for citizen comment on elderly issues;
      (4)   assist the city in the identification of programs for the elderly
that are needed in the community; and
      (5)   perform other duties assigned by the city council.
   (b)   Staff liaison responsibilities to the commission shall be designated
by the city manager. (Ord. 20216)
ARTICLE XIX.
DEPARTMENT OF HOUSING & NEIGHBORHOOD REVITALIZATION.
SEC. 2-142.   CREATED; DIRECTOR OF HOUSING & NEIGHBORHOOD REVITALIZATION.
   There is hereby created the department of housing & neighborhood
revitalization of the city, the head of which shall be the director of housing
& neighborhood revitalization who shall be appointed by the city manager. The
department will be composed of the director of housing & neighborhood
revitalization and such other assistants and employees as the city council may
provide upon recommendation of the city manager. (Ord. Nos. 17226; 22026;
27697; 30654)
SEC. 2-143.   DUTIES OF THE DIRECTOR OF HOUSING & NEIGHBORHOOD REVITALIZATION.
   The director of housing & neighborhood revitalization shall perform the
following duties:
      (1)   Supervise and administer the department of housing & neighborhood
revitalization.
      (2)   Perform such other duties as may be required by the city manager or
by ordinance of the city council. (Ord. Nos. 17226; 22026; 27697; 30654)
SECS. 2-144 THRU 2-146.   RESERVED.
   (Repealed by Ord. Nos. 15562; 27697)
ARTICLE XX.
CITIZEN HOMELESSNESS COMMISSION.
SEC. 2-147.   PURPOSE.
   The purpose of this commission is to assure participation from, and
inclusion of, all stakeholders, including those with past or present experience
with homelessness, in order to develop policy recommendations to ensure
alignment of city services with regional services to enhance efficiency,
quality, and effectiveness of the community-wide response to homelessness.
(Ord. 30431)
SEC. 2-148.    CREATED; MEMBERSHIP; TERMS; MEETINGS.
   (a)   There is hereby created the citizen homelessness commission, which
shall be an advisory body of 15 members. Each city council member shall appoint
one member to the commission. The mayor shall appoint the chair, and the full
city council shall appoint the vice-chair.
   (b)   Members of the commission must meet the following qualifications:
      (1)   two members must have past or present experience as a homeless
person, and the city council may, after a review of the specific circumstances,
waive disqualification under Section
8-1.4 of this code for these members;
      (2)   one member must be a representative from a faith-based
organization; and
      (3)   the remaining members must be chosen from the general public.
   (c)   All members shall be appointed for an initial term to expire on
September 30, 2019. Subsequent appointments will be made in September of each
odd-numbered year for a two-year term beginning on October 1.
   (d)   The commission must meet at least once each month and may hold
additional meetings at the call of the chair. (Ord. 30431)
SEC. 2-149.   DUTIES AND FUNCTIONS.
   (a)   The commission, in carrying out its purpose, shall act as an advisory
body to the city manager and the city council and shall:
      (1)   advise the city manager and the city council on issues affecting
homelessness;
      (2)   assist the city in evaluating new and existing programs;
      (3)   coordinate with other local and regional bodies addressing
homelessness; and
      (4)   perform such other duties assigned by the city manager or city
council.
   (b)   The city manager shall provide information and assistance to the
commission in the performance of its duties and functions. (Ord. 30431)
ARTICLE XXI.
COMMUNITY DEVELOPMENT COMMISSION.
SEC. 2-150.   COMMUNITY DEVELOPMENT COMMISSION CREATED.
   (a)   There is hereby created the community development commission of the
city, which shall be composed of 15 members. Each city council member shall
appoint one member to the commission. The mayor shall appoint the chair, and
the full city council shall appoint the vice-chair. Appointments must be made
in accordance with the provisions of Title 24 of the Code of Federal
Regulations.
   (b)   Each member shall be appointed for a two- year term beginning on
October 1 of each odd- numbered year. All members shall serve until their
successors are appointed and qualified. (Ord. Nos. 16923; 17702; 18836; 19604;
20418; 21012; 21153; 21514; 22414; 29645)
SEC. 2-151.   DUTIES AND FUNCTIONS.
   (a)   The commission shall hold monthly meetings each month and may hold
additional meetings at the call of the chair. The commission shall act as an
advisory body to the city manager and the city council.
   (b)   The commission shall:
      (1)   hold public meetings at such times and locations as will further
the purpose of obtaining citizens’ suggestions and comments concerning uses of
HUD entitlement grant funds;
      (2)   carry out the objectives of the city’s citizen participation plan
for HUD entitlement grant funds;
      (3)   submit to the city manager and the city council:
         (A)   a recommended list of priorities for the consolidated
application for HUD entitlement grant funds; and
         (B)   specific recommendations as to the use and allocation of HUD
entitlement grant funds for the next year;
      (4)   review and make recommendations with respect to the city’s housing
and nonhousing community development needs;
      (5)   participate in the review and assessment of the past and current
use of HUD entitlement grant funds;
      (6)   submit to the city council an annual report containing an analysis
of the use of HUD entitlement grant funds and a summary of the commission’s
work during the prior year;
      (7)   review the status of unspent community development funds at least
once each quarter of each fiscal year and make recommendations with respect to
the reallocation of unappropriated and unobligated community development funds;
      (8)   hold public hearings and make recommendations concerning the
creation or elimination of projects that affect the HUD entitlement grant fund
budget; and
      (9)   perform other duties assigned by the city council or requested by
the city manager.
   (c)   The final determination of the consolidated application and the annual
budget for HUD entitlement grant funds will be made by the city council.
   (d)   In this section, “HUD entitlement grant funds” means funds from the
following grants and programs:
      (1)   the Community Development Block Grant (CDBG);
      (2)   the HOME Investment Partnerships Program (HOME);
      (3)   the Housing Opportunities for Persons with AIDS (HOPWA); and
      (4)   the Emergency Shelter Grant (ESG). (Ord. Nos. 16923; 17139; 17702;
18836; 19604; 21012; 22354; 22414)
SEC. 2-152.   STANDARDS OF CONDUCT.
   The members of the commission shall be subject to the provisions of
Article XII of this chapter to the same extent as officers or employees of the
city. (Ord. Nos. 16923; 21012; 22414)
ARTICLE XXI-a.
COMMISSION ON DISABILITIES.
SEC. 2-152.1.   COMMISSION ON DISABILITIES - CREATED; FUNCTION; TERMS;
MEETINGS.
   (a)    There is hereby created a commission on disabilities, which shall be
an advisory body of 15 members. Each city council member shall have one
appointment to the commission on disabilities. The mayor shall appoint the
chair from among the members, subject to confirmation by the city council, and
the full city council shall appoint the vice-chair.
   (b)   All members shall be appointed for an initial term to expire on June
14, 2023. Thereafter, nominations shall begin in September and each subsequent
odd-numbered year, and members shall serve a two-year term beginning on October
1.
   (c)   All voting members of the commission on disabilities shall be
residents of the city.
   (d)   All voting members of the commission on disabilities shall share a
commitment to the goals of the commission on disabilities and shall either be
persons with disabilities or be committed to the community of disabled persons.
   (e)   Members shall be broadly representative of the disabled community at
large, without dominance by any single disability group.
   (f)   The commission on disabilities shall meet at least six times a year
and may hold additional meetings at the call of the chair. (Ord. 32070)
SEC. 2-152.2.   DEFINITION.
   In this article, DISABILITY means the same as the term is defined in the
Americans With Disabilities Act of 1990, as amended. (Ord. 32070)
SEC. 2-152.3.   DUTIES AND RESPONSIBILITIES.
   (a)   The commission on disabilities shall be responsible for advising and
making recommendations to the mayor, city council, city manager, department
directors, and the individual designated by the mayor to head the mayor's
initiative on disabilities on issues pertaining to the full spectrum of needs,
rights, and privileges of people with disabilities.
   (b)   The subjects to be addressed by the commission on disabilities
include, but are not limited to:
      (1)   Developing programs to provide employment opportunities for people
with disabilities.
      (2)   Developing programs to address accessibility issues.
      (3)   Developing community-based programs to enhance the quality of life
for Dallas residents who have disabilities.
      (4)   Developing programs to address the issues pertaining to alcoholism
and drug abuse.
      (5)   Developing programs to take full advantage of all federal, state
and local funding opportunities.
      (6)   Developing programs to ensure adequate housing for people with
disabilities.
      (7)   Developing programs to ensure accessible communications for people
with disabilities. (Ord. 32070)
SEC. 2-152.4.   TECHNICAL RESOURCE PANEL.
   (a)   There is hereby created a technical resource panel to be comprised of
eight members appointed by the city council to serve as non-voting technical
members of the commission on disabilities.
      (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 city manager may nominate members of the first technical
resource panel, as recommended by the Office of Equity and Inclusion for
approval by the full council.
      (3)   Following the initial appointments, future technical resource panel
members may be nominated by the city manager, as recommended by the Office of
Equity and Inclusion, through consultation with the commission on disabilities,
for approval by the full council.
   (b)   Each member of the technical resource panel shall be an individual
with at least four years of experience in disability matters and shall share a
commitment to the goals of the commission on disabilities. Additionally,
appointments to the panel must, to the extent possible, be representative of
the ethnic diversity of the city.
   (c)   Members of the technical resource panel are not required to be
residents of the city or qualified voters in the city.
   (d)   Members of the technical resource panel shall serve two-year terms and
are subject to the same conflict of interest and confidentiality restrictions
that are applicable to members of the commission on disabilities. Members of
the technical resource panel are subject to forfeiture of membership on the
same basis as members of the commission on disabilities.
   (e)   Members of the technical resource panel shall attend and fully
participate in all meetings and deliberations of the commission on
disabilities, including closed sessions, but shall not be entitled to vote as
members of the commission on disabilities.
   (f)   The technical resource panel shall use its expertise and experience in
disability matters to assist the commission on disabilities to the fullest
extent possible in the review of all issues coming before the commission on
disabilities.
   (g)   The technical resource panel does not have any oversight
responsibility or oversight authority with respect to the commission on
disabilities.
   (h)   Nothing in this section prohibits the commission on disabilities from
seeking additional outside technical expertise and advice as necessary. (Ord.
32070)
ARTICLE XXII.
OFFICE OF COMMUNITY POLICE OVERSIGHT.
SEC. 2-153.   PURPOSE.
   The purpose of this office is to provide support and technical assistance to
the community police oversight board. (Ord. 31192, eff. 10/1/19)
SEC. 2-154.   CREATED; DIRECTOR/ MONITOR OF OFFICE OF COMMUNITY POLICE
OVERSIGHT.
   (a)   There is hereby created a division of the city manager's office to be
known as the office of community police oversight, the head of which shall be
the director/monitor of community police oversight who shall be appointed by
the city manager with input from the chair of the community police oversight
board and who shall be a person professionally competent by experience and
training to manage such office.
   (b)   The office of community police oversight will be composed of the
director/monitor of community police oversight and such other assistants and
employees as the city council may provide by ordinance upon recommendation of
the city manager. (Ord. 31192, eff. 10/1/19)
SEC. 2-154.1.   DUTIES OF THE DIRECTOR/ MONITOR OF THE OFFICE OF COMMUNITY
POLICE OVERSIGHT.
   The director/monitor of community police oversight shall perform the
following duties:
      (1)   Provide functional support to the community police oversight board.
      (2)   Ensure that the community police oversight board can fulfill its
duties.
      (3)   Make such reports as may be required by the city manager and the
community police oversight board.
      (4)   Perform such other duties as may be required by the city manager,
by ordinance of the city council, or the community police oversight board in
accordance with Article III of Chapter 37 of the Dallas City Code. (Ord. 31192,
eff. 10/1/19)
ARTICLE XXIII.
DEPARTMENT OF DALLAS ANIMAL SERVICES.
SEC. 2-155.   CREATED; DIRECTOR OF DALLAS ANIMAL SERVICES.
   There is hereby created the department of Dallas animal services, at the
head of which shall be the director of Dallas animal services who shall be
appointed by the city manager. The department will be composed of the director
of Dallas animal services and other assistants and employees as the city
council may provide upon recommendation of the city manager. (Ord. 30483)
SEC. 2-156.   DUTIES OF THE DIRECTOR OF DALLAS ANIMAL SERVICES.
   The director of Dallas animal services shall perform the following duties:
      (1)   supervise and administer the department of Dallas animal services;
and
      (2)   perform such other duties as may be required by the city manager or
the city council. (Ord. 30483)
ARTICLE XXIV.
ANIMAL ADVISORY COMMISSION.
SEC. 2-157.   CREATED; MEMBERSHIP; MEETINGS.
   (a)   There is hereby created the animal advisory commission, which shall be
an advisory body of 15 members. Each city council member shall appoint one
member to the commission. The mayor shall appoint the chair, and the full city
council shall appoint the vice-chair.
   (b)   Each member shall be appointed for a two- year term beginning on
October 1 of each odd- numbered year. All members shall serve until their
successors are appointed and qualified.
   (c)   Members of the commission must meet the following qualifications:
      (1)   one member must be a licensed veterinarian;
      (2)   one member must be a city or county official;
      (3)   one member must have duties including the daily operation of an
animal shelter;
      (4)   one member must be a representative from an animal welfare
organization; and
      (5)   eleven members must be chosen from the general public.
   (d)   Disqualification of an appointee under Section
8-1.4(a)(1) of this code may be waived by the city council after review of the
specific circumstances.
   (e)   The commission must meet at least four times a year and may hold
additional meetings at the call of the chair. (Ord. Nos. 18665; 18940; 21153;
21515; 22414; 29403; 29645; 30483)
SEC. 2-158.   DUTIES AND RESPONSIBILITIES.
   (a)   The commission shall act as an advisory body to the city manager and
the city council to assist in complying with the requirements of state law and
city ordinances pertaining to the operation of an animal shelter.
   (b)   The city manager shall provide necessary information and assistance to
the commission in the performance of its duties and responsibilities. (Ord.
Nos. 18665; 22414; 29403)
ARTICLE XXV.
YOUTH COMMISSION.
SEC. 2-159.   PURPOSE.
   The purpose of this commission is to promote regular and active civic
engagement among the youth of the city by giving them a formal role in local
decision making, offering real world experiences with elected bodies, teaching
them about the role of our city council and the city's boards and commissions,
providing an opportunity to develop leadership skills, offering an avenue to
engage in discussion with adults and other youth, increasing volunteerism, and
enhancing classroom civic education. (Ord. 29920)
SEC. 2-159.1.   CREATED; MEMBERSHIP; TERMS; MEETINGS.
   (a)   There is hereby created the youth commission, which shall be an
advisory body of 15 members. Each city council member shall appoint one member
to the commission. The mayor shall appoint the chair, and the full city council
shall appoint the vice-chair.
   (b)   All members shall be appointed for an initial term to expire on
September 30, 2017. Subsequent appointments will be made in September of each
odd-numbered year for a two-year term beginning on October 1.
   (c)   Each member of the commission must:
      (1)   either:
         (A)   be enrolled as a full-time student in grades nine through 12 at
a public or private school that accepts students who reside within the city of
Dallas; or
         (B)   be a home-schooled student, as that term is defined in Chapter
29 of the Texas Education Code, entitled to attend public school within the
city of Dallas; and
      (2)   be no younger than 14 years of age and no older than 19 years of
age at the time of appointment; and
      (3)   reside within the district for which the member is appointed.
   (d)   A member is not required to fulfill the qualifications for board
service in Chapter 8 of the Dallas City Code except that the member must:
      (1)   have been a resident of the city for at least six months prior to
the date of appointment; and
      (2)   not be in arrears on any obligations owed to the city.
   (e)   The commission must meet at least once each month and may hold
additional meetings at the call of the chair. (Ord. 29920)
SEC. 2-160.   DUTIES AND RESPONSIBILITIES.
   (a)   The commission shall act as an advisory body to the city manager and
the city council and shall:
      (1)   advise the city council and city manager on issues impacting the
city;
      (2)   assist the city in identifying programs that are needed in the
community; and
      (3)   perform such other duties assigned by the city council or city
manager.
   (b)   The city manager shall provide information and assistance to the
commission in the performance of its duties and responsibilities. (Ord. 29920)
ARTICLE XXVI.
ARTS AND CULTURE ADVISORY COMMISSION.
SEC. 2-161.   ARTS AND CULTURE ADVISORY COMMISSION - CREATED; TERMS;
MEMBERSHIP; MEETINGS.
   (a)   There is hereby created the arts and culture advisory commission of
the city, which shall be an advisory body of 18 members appointed by the city
council. Fifteen of the members shall be appointed respectively by each city
council member, and three of the members shall be appointed by the city council
as a whole. The mayor shall appoint the chair of the commission, and the full
city council shall appoint the vice-chair.
   (b)   Each member shall be appointed for a two- year term beginning on
October 1 of each odd- numbered year. All members shall serve until their
successors are appointed and qualified.
   (c)   Members of the commission should be persons who are concerned about
cultural affairs in the city of Dallas and may be persons who have professional
expertise or substantial volunteer involvement in the following areas:
      (1)   architecture, design, or urban planning;
      (2)   visual, performing, or literary arts;
      (3)   history;
      (4)   science;
      (5)   cultural institutions management; or
      (6)   volunteer cultural board experience.
   (d)   The membership of the arts and culture advisory commission may include
at least one of each of the following persons:
      (1)   a registered professional architect or landscape architect;
      (2)   a professional visual artist;
      (3)   a professional performing artist;
      (4)   a scientist;
      (5)   a historian; and
      (6)   an interested resident who does not represent any specific cultural
organization or interest group.
   (e)   The three members of the commission appointed by the city council as a
whole shall also serve on the public art committee of the arts and culture
advisory commission, and, in addition to qualifying for service on the
commission under this section, must meet the qualifications for service on the
public art committee as set forth in the city's cultural policy and program
adopted by city council resolution.
   (f)   The chair of the city council committee with jurisdiction over arts
and culture and one member of the park and recreation board of the city shall
serve as ex-officio, nonvoting members of the arts and culture advisory
commission.
   (g)   The commission must meet at least once each month and may hold
additional meetings at the call of the chair. (Ord. Nos. 20266; 20462; 21153;
21515; 21972; 22259; 29645; 31049)
SEC. 2-162.   ARTS AND CULTURE ADVISORY COMMISSION - DUTIES AND
RESPONSIBILITIES.
   (a)   The arts and culture advisory commission shall act as an advisory body
to the city manager and the city council and shall:
      (1)   make recommendations concerning the establishment and
implementation of cultural policies and procedures, including cultural
diversity;
      (2)   make recommendations concerning the design, operation, and use of
city facilities devoted to the arts and other cultural activities;
      (3)   make recommendations to encourage the development of cultural
programs and activities involving emerging cultural organizations and artists,
with special emphasis on the development of ethnic and minority artists and
arts organizations;
      (4)   make recommendations concerning the expenditure of city funds on
cultural programs, facilities, and organizations; and
      (5)   make recommendations to create opportunities for all residents of
the city to have access to the arts and the means of cultural expression; and
      (6)   perform other duties assigned by the city council or requested by
the city manager.
   (b)   The city manager shall provide staff to assist the commission in
performing its duties and responsibilities. (Ord. Nos. 20266; 21515; 21972;
31049)
ARTICLE XXVI-a.
OFFICE OF ARTS AND CULTURE.
SEC. 2-162.1.   CREATED; DIRECTOR OF ARTS AND CULTURE.
   There is hereby created a division of the city manager's office to be known
as the office of arts and culture, the head of which shall be the director of
arts and culture who shall be appointed by the city manager and who shall be a
person professionally competent by experience and training to manage the
office. The office of arts and culture will be composed of the director of arts
and culture and other assistants and employees as the city council may provide
by ordinance upon recommendation of the city manager. (Ord. Nos. 23694; 31333,
eff. 10/1/19)
SEC. 2-162.2.   DUTIES OF THE DIRECTOR OF ARTS AND CULTURE.
   (a)   The director of arts and culture shall perform the following duties:
      (1)   Supervise and administer the office of arts and culture and WRR
radio station.
      (2)   Manage cultural facilities of the city under the director's
supervision as designated by the city manager or by ordinance or resolution of
the city council, including approval of lease or license agreements for use of
such cultural facilities for short terms not exceeding one year.
      (3)   Award cultural funding contracts to cultural organizations and to
individuals as provided in Section
2-162.3 of this code.
      (4)   Perform such other duties as may be required by the city manager or
by ordinance of the city council.
   (b)   The director of arts and culture and any designated representatives
may represent the city in negotiating and contracting with persons planning to
use any cultural facility under the management of the director of arts and
culture. Short-term leases and license agreements with small or ethnically and
culturally specific nonprofit arts and cultural organizations may be entered
into for a nominal consideration, when the director of arts and culture finds
it to be of benefit to the public. (Ord. Nos. 23694; 31049; 31333, eff. 10/1/
19)
SEC. 2-162.3.   PROCUREMENT OF CULTURAL SERVICES.
   (a)   Except as provided in Subsection (f), contracts with organizations and
individuals for cultural services shall be awarded in accordance with this
section.
   (b)   Cultural services mean artistic and cultural services provided by
individuals or organizations that have been recommended for funding by a review
panel to the director of arts and culture. Eligibility requirements to serve on
each review panel and a review panel process for recommendations must be
approved by city council. Cultural services do not include any services
described in Subsection (f) below.
   (c)   The director of arts and culture may procure services a maximum of
five times per fiscal year for production, festivals, and exhibitions under
$50,000 without panel review or recommendation by the arts and culture advisory
commission as the director deems necessary to implement arts and culture
programs when:
      (1)   timing of support needed is outside of the fiscal year's cultural
support program application for cultural services;
      (2)   the support needed is from a Dallas-based 501(c)(3) cultural
organization or individual artist;
      (3)   the service provided is less than one year in length; and
      (4)   the city manager, or designee, has issued a memorandum of
justification establishing a special need that meets the requirements of
Administrative Directive 4-5, as amended.
   (d)   Contracts for cultural services, requiring an expenditure of $50,000
or less, may be authorized by the city manager by administrative action,
approved as to form by the city attorney, without further city council
approval.
   (e)   If a contract described under this section requires an expenditure
exceeding $50,000, the contract must be authorized by city council.
   (f)   This section does not apply to services that are required to be
competitively bid under state law or subject to other state law requirements
such as requirements to contact historically underutilized businesses or the
special rules for architect and engineering agreements.
   (g)   All other contracts not covered under this section are governed by the
other applicable provisions of this code or other local rules and regulations.
(Ord. Nos. 31049; 31333, eff. 10/1/19)
SEC. 2-162.4.   CONTRACTS FOR RADIO STATION AIR TIME REQUIRED; OTHER RADIO
STATION CONTRACTS.
   (a)   There shall be a contract made for the use of each period of air time
sold by the radio station, no matter how small, and the sale shall be
represented by written contract. Each contract shall be signed by the station
manager or shall be approved by the station manager if the sale was made by
some subordinate. In the event a contract for sale of air time provides for
other services such as line rentals, commentators, musicians, announcers, and
other costs incidental to the rendition of the program, then such contract
shall distinctly specify each separate item or charge made for such service.
   (b)   Each contract shall provide for cancellation by the city upon
reasonable notice, and shall distinctly specify whether the air time used is
commercial, civic, or non-revenue and shall be signed by the person or
organization so using the air time.
   (c)   The following types of contracts for the benefit of the radio station,
requiring an expenditure of $50,000 or less, may be authorized by the city
manager by administrative action, approved as to form by the city attorney,
without further city council approval:
      (1)   payment of copyright or license fees or royalties to obtain the
rights to broadcast or play specific musical works or compositions;
      (2)   the purchase of rights to broadcast radio programs produced by
persons or entities other than other radio station employees or former radio
station employees less than two years after their employment with the city;
      (3)   the purchase of advertising, through radio, television, print,
billboard, or other media, to promote the radio station, including services
rendered in connection with the production or preparation of artwork, copy, or
music used in such advertising;
      (4)   payment of fees to secure professional talent (other than employees
of the radio station) for the purpose of promoting the radio station;
      (5)   payment of commissions (not to exceed 25 percent of the contract
amount) to persons or advertising agencies (other than employees of the radio
station) who render services in connection with the sale of radio station air
time or the purchase of advertising to promote the radio station; and
      (6)   the purchase of services rendered in connection with market
research and analysis, radio station ratings, and statistical, demographic, or
other related research or analysis.
   (d)   If a contract described in Subsection (c) requires an expenditure
exceeding $50,000, the contract must be authorized by the city council. If a
contract described in Subsection (c) is required by state law to be
competitively bid, the rules stated in Sections
2-32 and
2-33(a) through (c) of this code apply to the contract.
   (e)   All other radio station contracts not covered by this section are
governed by the other applicable provisions of this code. (Ord. Nos. 31049;
31333, eff. 10/1/19)
ARTICLE XXVII.
CIVIL SERVICE BOARD; ADJUNCT MEMBERS; ADMINISTRATIVE LAW JUDGES.
SEC. 2-163.   SPECIAL QUALIFICATIONS FOR ADJUNCT MEMBERS OF THE CIVIL SERVICE
BOARD.
   (a)   In addition to the qualifications required by the city charter and
Chapter 8 of this code, each adjunct member of the civil service board must
meet the following qualifications:
      (1)   have a total of at least five years experience as a volunteer or
employee with a business, governmental, or nonprofit organization that has a
work staff of at least 15 persons;
      (2)   have a total of at least five years experience as a volunteer or
employee in the administration or personnel functions of a business,
governmental, or nonprofit organization; or
      (3)   have an accumulation of at least five years experience under
Paragraphs (1) and (2) of this subsection.
   (b)   Nothing in this article prohibits the appointment of a former city
employee as a member or adjunct member of the civil service board.
   (c)   The city council shall, as nearly as may be practicable, appoint
adjunct members of the civil service board that are representative of the
racial, ethnic, and gender makeup of the city’s population. (Ord. 20526)
SEC. 2-164.   ADMINISTRATIVE LAW JUDGES: APPOINTMENT; QUALIFICATIONS;
TERMINATION OF CONTRACT.
   (a)   By January 1 of each even-numbered year beginning with the year 1992,
and whenever a vacancy occurs, the judicial nominating commission shall
recommend persons to be appointed by the city council to serve as
administrative law judges, as provided for in Section 12.1, Chapter XVI of the
city charter. Each appointment will be made through the award of a city
contract, and not less than three nor more than five persons may have contracts
with the city to serve as administrative law judges at the same time.
Administrative law judges shall hear appeals in accordance with Section
34-40 of this code.
   (b)   The judicial nominating commission shall recommend as administrative
law judges persons selected from applicants responding to an open, public
request for proposals for professional services. The judicial nominating
commission shall review the applications and resumes, research applicant
qualifications, and interview the applicants. If a vacancy occurs within 120
days after the appointment of any administrative law judge, for which the
commission conducted interviews, the commission is not required to conduct
additional interviews but may, in its discretion, recommend nominees to fill
the new vacancy from applicants who were interviewed for any administrative law
judge position that was filled within the preceding 120 days. The judicial
nominating commission shall, as nearly as may be practicable, recruit and
recommend as administrative law judges persons who are representative of the
racial, ethnic, and gender makeup of the city’s population.
   (c)   An administrative law judge must:
      (1)   be a licensed attorney who has practiced law in the State of Texas
for at least three years or a person who has at least five years experience
adjudicating hearings of personnel decisions; and
      (2)   not have been an employee or an elected or appointed officer of the
city, other than a full-time or associate municipal judge, within the five
years immediately preceding application.
   (d)   An administrative law judge will be compensated for services based on
a rate established by contract with the city. At least every two years, the
judicial nominating commission shall review the pay structure of the
administrative law judges and recommend to the city council appropriate rate
adjustments or other compensation.
   (e)   A person is ineligible to serve as an administrative law judge if, on
two occasions within any 12-month period after appointment as an administrative
law judge, the person:
      (1)   refuses or is unable to accept an assignment from the civil service
board to conduct an appeal hearing, except when based on a challenge by a party
as to the selection of the administrative law judge; or
      (2)   is unable to conduct an appeal hearing within the time limits
required by Section
34-40 of this code after considering all allowable postponements and
extensions.
   (f)   The judicial nominating commission shall periodically review and
evaluate the performance of each administrative law judge and recommend to the
city council whenever the contract of an administrative law judge should be
terminated or not renewed. The city council may, by a majority vote and upon
the recommendation of the judicial nominating commission, terminate the
contract of an administrative law judge for unsatisfactory performance.
Unsatisfactory performance includes, but is not limited to:
      (1)   failure to acquire, retain, or correctly apply knowledge of the
city’s personnel rules, civil service rules and procedures, or other laws and
regulations governing personnel matters heard by an administrative law judge;
      (2)   failure to remain impartial and objective in hearing appeals and
performing other duties as an administrative law judge; or
      (3)   failure to competently and efficiently hear appeals and perform
other duties as an administrative law judge. (Ord. Nos. 20526; 21091; 22612;
22718)
SEC. 2-165.   TRAINING.
   (a)   Every person appointed as a member or adjunct member of the civil
service board or as an administrative law judge must attend a two-day training
course before hearing an appeal under Section
34-40 of this code. The training course will include, but not be limited to:
      (1)   instruction in the city’s personnel rules, civil service process,
and civil service procedures;
      (2)   an orientation session concerning police and fire personnel rules
and procedures;
      (3)   an overview session concerning civilian employees and their
responsibilities at the various levels of administration; and
      (4)   a mock trial board or observation of an actual appeal hearing.
   (b)   In addition to the training course required in Subsection (a) of this
section, an administrative law judge must take a refresher training course not
less than 12 months nor more than 15 months after being appointed.
   (c)   A person who fails to attend the two-day training course within 90
days from the date of appointment as a member or an adjunct member of the civil
service board or as an administrative law judge, or an administrative law judge
who fails to attend the refresher training course within the time required in
Subsection (b) of this section, shall forfeit that position with the city, and
that position becomes vacant. (Ord. Nos. 20526; 22612)
SEC. 2-166.   TRIAL BOARD RESPONSIBILITIES OF CIVIL SERVICE BOARD MEMBERS;
ATTENDANCE.
   (a)   The chair of the civil service board shall establish a rotation
procedure for selecting civil service board members and adjunct members to
serve on trial boards, as provided for in Section
34-40 of this code. Except where conflicts of interest exist or unexpected
circumstances arise, the chair shall enforce a strict rotation for service on a
trial board. A member shall not request service on a particular trial board and
may not serve on a requested trial board. Such a request is a violation of this
section and is cause for removal of the member from the civil service board by
the city council.
   (b)   If a member or an adjunct member of the civil service board is unable
to participate on a trial board when the member’s name comes up in rotation any
three times within a 12-month period, that member forfeits membership on the
board, and that place becomes vacant. The civil service board secretary shall
keep accurate records of all rotation procedures and members’ service. (Ord.
20526)
ARTICLE XXVIII.
STORMWATER DRAINAGE UTILITY.
SEC. 2-167.   PURPOSE AND CREATION; ADOPTION OF STATE LAW; AND ADMINISTRATION
OF STORMWATER DRAINAGE UTILITY.
   (a)   Purpose and creation. To protect public health and promote public
safety from loss of life and property caused by stormwater overflows,
stagnation, and pollution, a stormwater drainage utility is created, which
shall be a public utility.
   (b)   Adoption of state law. The rules of Subchapter C, Chapter 552 of the
Texas Local Government Code, as amended, which is adopted and incorporated into
this article by reference, and any other provisions of this code relating to
stormwater drainage shall govern the operation of the utility. Nothing in this
section shall be construed to restrict the city council's ability to make other
rules or policies governing the operation of the utility.
   (c)   Administration. The city manager shall designate a department to
manage the stormwater drainage utility. The director of the designated
department must be a person professionally competent
by experience and training to manage stormwater drainage operations. The
director of the designated department shall perform such duties as required by:
      (1)   Subchapter C, Chapter 552 of the Texas Local Government Code, as
amended;
      (2)   the city manager; or
      (3)   city council action. (Ord. Nos. 21059; 30215)
SEC. 2-168.   DEFINITIONS; STORMWATER DRAINAGE UTILITY RATES; EXEMPTIONS;
INCENTIVES FOR RESIDENTIAL-BENEFITTED PROPERTIES; BILLING AND COLLECTION
PROCEDURES.
   (a)   Definitions.
      (1)   BENEFITTED PROPERTY has the meaning assigned in Section 552.044,
Chapter 552, Texas Local Government Code, as amended.
      (2)   CITY TAX ROLLS means the current tax records of the appraisal
district in which a particular property is located.
      (3)   CUSTOMER OF RECORD has the meaning assigned in Section
49-1 of this code, as amended, and also includes the term customer, as assigned
in Section
49-1 of this code, as amended.
      (4)   DIRECTOR means the director of the department designated by the
city manager to manage the stormwater drainage utility or the director's
designee.
      (5)   DRAINAGE SYSTEM has the meaning assigned in Subchapter C, Chapter
552 of the Texas Local Government Code, as amended.
      (6)   IMPERVIOUS AREA means any surface that prevents or substantially
impedes the natural infiltration of stormwater into the ground, and includes,
but is not limited to, roads, parking areas, buildings, patios, sheds,
driveways, sidewalks, and surfaces made of asphalt, concrete, and roofing
materials.
      (7)    RESIDENTIAL-BENEFITTED PROPERTY means a benefitted property that
contains one of the following structures: single family (including townhouse),
duplex, or multifamily with four or fewer dwelling units, as those terms are
defined in the Dallas Development Code, as amended.
      (8)   STORMWATER means rainfall runoff, snow or ice melt runoff, or
surface runoff and drainage.
   (b)   Stormwater drainage utility rates.
      (1)   The stormwater drainage charge for residential-benefitted property
per month is as follows:
 
IMPERVIOUS AREA  MONTHLY RATE
(in square feet)
up to 2,000      $4.87
2,001 - 3,500    $7.75
3,501 - 5,500    $11.59
more than 5,500  $18.96
 
      (2)   The stormwater drainage charge for all other benefitted properties
not defined as residential-benefitted property is an amount equal to $2.62 per
month for each 1,000 square feet, or parts thereof, of impervious area of the
benefitted property, with a minimum charge of $7.49 per month for non-
residential-benefitted property.
      (3)   If information regarding the impervious area square footage of a
particular lot or tract of benefitted property is unavailable or inadequate,
the director may make a reasonable estimate of impervious area square footage
and levy the drainage charge on that basis.
   (c)   Exemptions. All of the real property that requires an exemption under
Subchapter C, Chapter 552 of the Texas Local Government Code, as amended, as
well as the real property owned by the following are exempt from the charges
prescribed in this section:
      (1)   the city if used for municipal purposes;
      (2)   the State of Texas; and
      (3)   a public or private institution of higher education.
   (d)   Residential-benefitted property incentives.
      (1)   A customer of record may be eligible for an incentive in the form
of a reduction to the customer of record's monthly rate as follows:
         (A)   the monthly rate for the customer of record's impervious area
shall be charged at the next lower monthly rate; or
         (B)   if the customer of record's monthly rate is the lowest monthly
rate, the customer of record shall be charged 60 percent of the lowest monthly
rate.
      (2)   To be eligible, the:
         (A)   customer of record must use a pond, bioswale, cistern, gravel
paving, or other stormwater storage method, as approved by the director;
         (B)   stormwater storage method must comply with federal, state, and
local laws and regulations; and
         (C)   stormwater storage method must store more than 134 cubic feet or
1,000 gallons of stormwater.
      (3)   To apply for an incentive under this subsection, a customer of
record must make application to the director, on a form approved by the
director, and include the following: stormwater storage method used, amount of
stormwater stored, zoning district in which the customer of record's
residential-benefitted property is located, and any other information the
director deems necessary.
      (4)   The director shall approve the incentive if the customer of record
meets all of the eligibility criteria in Paragraph (2) of this subsection. If
approved by the director, an incentive in the form of a reduction to the
customer of record's monthly stormwater drainage charge will be effective on
the next full billing cycle after approval.
      (5)   The director may periodically inspect and review approved
incentives, and may invalidate an incentive if the customer of record no longer
meets the eligibility criteria in Paragraph (2) of this subsection. If the
incentive is invalidated, the director will send the customer of record a
letter stating the basis of invalidation, and the monthly rate adjustment shall
apply to the next full billing cycle after invalidation.
   (e)   Billing and collection procedures. Stormwater drainage charges will be
billed and collected in accordance with the following procedures:
      (1)   The water utilities department shall bill the customer of record in
the regular water and wastewater service bill or, if no water or wastewater
service account exists, the true owner of record as shown in the current city
tax rolls.
      (2)   In cases involving occupancy of a lot or tract by two or more
tenants who are customers of record, the water utilities department may either
prorate the charges on an equitable basis between all the customers of record
or may instead bill the property owner for stormwater drainage service under a
separate account. In addition, if a lot or tract of land receives water or
wastewater service under two or more service accounts and the service accounts
are all in the name of the same customer of record, the water utilities
department may bill the entire drainage charge due through one service account.
      (3)   If more than one person is named in the current city tax rolls as
the true owner of record of benefitted property, each person is jointly and
severally liable for stormwater drainage charges on the property. The water
utilities department may bill any or all of the joint owners through one
service account.
   (f)   The water utilities department shall administer collection procedures
and service accounts under this section.
   (g)   Except as otherwise provided in this section, the provisions of
Sections
49-3,
49-7,
49-8,
49-12,
49-15, and
49-16 of this code, as amended, will govern in all matters regarding the
application for stormwater drainage service, payment and collection of
stormwater drainage charges, the liability of persons for charges, and the
remedies of the city in the event of nonpayment. (Ord. Nos. 21060; 21429;
21823; 22207; 22563; 22665; 24411; 25384; 25754; 27353; 27695; 30215; 30653;
30993; 31332; 31657; 32003; 32310; 32556)
SEC. 2-169.   SERVICE AREA.
   The service area of the stormwater drainage utility shall be defined by the
corporate boundaries of the city, as those boundaries are altered from time to
time in accordance with state law and the charter and ordinances of the city.
(Ord. Nos. 21060; 30215)
ARTICLE XXIX.
VETERAN AFFAIRS COMMISSION.
SEC. 2-170.   VETERAN AFFAIRS COMMISSION - CREATED; TERMS; MEMBERSHIP;
MEETINGS.
   (a)   There is hereby created the veteran affairs commission of the city,
which shall be an advisory body of 15 members. Each city council member shall
have one appointment to the veteran affairs commission. The mayor shall appoint
the chair from among the members, subject to confirmation by the city council,
and the full city council shall appoint the vice-chair.
   (b)   All members shall be appointed for an initial term to expire on
September 30, 2021. Thereafter, nominations shall begin in August 2021 and each
subsequent odd-numbered year, and members appointed shall serve a two-year term
beginning on October 1.
   (c)   The veteran affairs commission will represent the city's military
veteran community. The veteran affairs commission must have a balanced
membership reflecting an outstanding interest in or knowledge of veterans'
affairs, including having knowledge about veterans' concerns, or being
affiliated with a service provider to veterans, and at least four members must
be currently serving or have previously served in the United States military
(including the Reserves or National Guard).
   (d)   The veteran affairs commission shall hold monthly meetings or as often
as may be necessary. The chair, with assistance of staff, shall schedule and
determine the agenda for such meetings. (Ord. 31746)
SEC. 2-171.   VETERAN AFFAIRS COMMISSION - FUNCTIONS.
   (a)   The veteran affairs commission shall act as an advisory body to the
city manager and the city council and shall:
      (1)   evaluate and recommend programs, policies, and practices designed
to alleviate veterans' difficulties in meeting basic needs, obtaining housing,
employment, and comprehensive mental health assistance;
      (2)   act as a central clearinghouse for information relating to the
status of veterans in the Dallas community;
      (3)   accumulate information about the needs of veterans in the Dallas
community, including available services, and make recommendations to the city
council regarding these needs;
      (4)   recommend ways to:
         (A)   educate the community on:
            (i)   the status of veterans' rights and needs; and
            (ii)   veterans' contributions to our community; and
         (B)   promote awareness among the public and private sector of
veterans' full potential and of the importance of veterans' contributions to
the development of the community; and
      (5)   identify and review the entire range of services available to
veterans, and recommend ways to:
         (A)   strengthen existing services and pursue new services for
veterans;
         (B)   promote collaboration between service providers; and
         (C)   expand resources available to veterans.
   (b)   The city manager shall provide staff to assist the commission in
performing its duties and responsibilities. (Ord. 31746)
ARTICLE XXX.
COLLEGE ADVISORY COMMISSION.
SEC. 2-172.    PURPOSE.
   The purpose of this commission is to promote regular and active civic
engagement among the college aged residents of the city by giving them a formal
role in local decision making, offering real world experiences with elected
bodies, providing opportunities to partner with our city council and the city's
boards and commissions, offering an avenue to engage in discussion with other
college students from across the city, and increasing volunteerism and voter
turnout. (Ord. 32484)
SEC. 2-173.    CREATED; MEMBERSHIP; TERMS; MEETINGS.
   (a)   There is hereby created the college advisory commission, which shall
be an advisory body of 17 members. Each four-year university and college that
resides within Dallas County may select one member to the commission. The full
city council shall approve of the selections. The mayor shall appoint the
chair, and the full city council shall appoint the vice-chair.
   (b)   The universities and colleges that reside within the Dallas County
are:
      (1)   Columbia College Mesquite.
      (2)   Criswell College.
      (3)   Dallas College.
      (4)   Dallas Baptist University.
      (5)   Dallas Christian College.
      (6)   Dallas International University.
      (7)   DeVry University.
      (8)   Parker University.
      (9)   Paul Quinn College.
      (10)   Southern Methodist University.
      (11)   Texas A&M University-Commerce at Dallas.
      (12)   The Art Institute of Dallas.
      (13)   The University of North Texas at Dallas.
      (14)   The University of Texas at Dallas.
      (15)   University of Dallas.
      (16)   Wade College.
   (b)   All members shall be appointed for an initial term to expire on
September 30, 2024. Subsequent appointments will be made in September of each
year for a one-year term beginning on October 1.
   (c)   Each member of the commission must:
      (1)   Be enrolled as a full-time student in a four-year university or
college within Dallas County.
      (2)   Be at least 18 years of age and no older than 24 years of age at
the time of appointment.
   (d)   A member is not required to fulfill the qualifications for board
service in
Chapter 8 of the Dallas City Code except that the member must:
      (1)   have been a resident of the city for at least six months prior to
the date of the appointment; and
      (2)   not be in arrears on any obligations owed to the city.
   (e)   The commission must meet at least once each month and may hold
additional meetings at the call of the chair. (Ord. 32484)
SEC. 2-174.    DUTIES AND RESPONSIBILITIES.
   (a)   The commission shall act as an advisory body to the city manager and
the city council and shall:
      (1)   advise the city council and city manager on issues impacting the
city; and
      (2)   assist the city in identifying programs that are needed in the
community; and
      (3)   perform such other duties assigned by the city council or city
manager.
   (b)   The city manager shall provide information and assistance to the
commission in the performance of its duties and responsibilities. (Ord. 32484)
ARTICLE XXXI.
OFFICE OF THE CITY MARSHAL.
SEC. 2-175.   CREATED.
   There is hereby created a division of the city manager's office to be known
as the office of the city marshal, to be filled by a qualified person appointed
by the city manager. The city marshal shall appoint such deputies as are
authorized from time to time. The city marshal and his or her deputies shall
meet all qualifications necessary to be certified as peace officers by the
Texas Commission on Law Enforcement. (Ord. 32557)
SEC. 2-176.   DUTIES OF THE CITY MARSHAL.
   The city marshal and his or her deputies, acting under the direction of the
city manager, shall perform the following duties:
      (1)   execute warrants of arrest, subpoenas, and other legal process
issuing out of the municipal court of record;
      (2)   execute other warrants of arrest, subpoenas, and legal process as
determined by the municipal clerk;
      (3)   enforce state laws and the Dallas City Code;
      (4)   manage and operate the city detention center and sobering center;
      (5)   manage Dallas Security Services Division, security technology and
security badging unit for protection of employees, citizens, and property at
facilities that are owned, occupied, or managed by the city to ensure safety,
orderly, and lawful conduct on those premises, except as otherwise provided by
the city manager, city charter, or ordinance of the city council; and
      (6)   perform such other duties as may be required by the city manager or
ordinance of city council. (Ord. 32557)
SEC. 2-177.   CITY MARSHAL'S AUTHORITY; ELIGIBILITY FOR PENSION.
   (a)   The city marshal and his or her deputies shall serve as peace officers
and have full police authority in the exercise of their assigned duties.
   (b)   The city marshal and his or her deputies are not members of the police
department of the city and are not eligible for membership in the Firemen,
Policemen and Fire Alarm Operators Pension Fund; however, they are eligible for
membership in the employee's retirement fund of the city. The city marshal and
his or her deputies are paid law enforcement officers for the purpose of
qualifying for survivors' assistance benefits under the provisions of Article
6228f, Vernon's Texas Civil Statutes. (Ord. 32557)
CHAPTER 3
ADVERTISING
Sec.
3-1.   Advertising by certain acts prohibited.
Sec.
3-2.   Use of vehicle for advertising.
SEC. 3-1.   ADVERTISING BY CERTAIN ACTS PROHIBITED.
   (a)   A person commits an offense if, for the purpose of advertising on
public property, the person:
      (1)   carries or holds, by hand or otherwise, any billboard, showcard,
placard, advertisement, or sign of any description;
      (2)   wears any costume, clothing, attire, or accessory intended to
attract the attention of the public;
      (3)   pastes, sticks, scatters, throws, or places any advertisement,
handbill, placard, or other printed, pictured, or written matter or thing upon
any house, wall, building, fence, railing, sidewalk, street, utility pole, or
public property; or
      (4)   holds by hand, carries, waves, or otherwise displays any banner,
showcard, placard, or other advertising media from any overpass, bridge, median
strip, or parkway of any public street or other public right-of-way so as to
attract the attention of occupants or drivers of motor vehicles on the street
or right-of-way, and the doing of any act listed in this paragraph is prima
facie evidence that the act is for the purpose of attracting the attention of
occupants and drivers of motor vehicles on the public streets and rights-of-
way.
   (b)   A person commits an offense if the person knowingly causes or permits
an act described in Subsection (a) to be done by any person for his or her
benefit.
   (c)   It is a defense to prosecution under this section that the act was
authorized under Section
51A-7.207 of this code.
   (d)   It is an exception to Subsection (a)(3) of this section that the
advertisement or sign was a temporary political campaign sign placed on public
property in compliance with
Article III,
Chapter 15A of this code. (Code 1941, Art. 87-6; Code 1941, Art. 140-7; Ord.
Nos. 5304; 10372; 22061; 28221)
SEC. 3-2.   USE OF VEHICLE FOR ADVERTISING.
   No person shall operate or park a vehicle on a street nor shall the owner of
a vehicle permit the vehicle to be operated or parked on a street for the
primary purpose of advertising. (Ord. 14588)
CHAPTER 4
RESERVED
CHAPTER 5
AIRCRAFT AND AIRPORTS
ARTICLE I.
IN GENERAL.
Sec.
5-1.   Definitions.
Sec.
5-2.   Department of aviation created.
Sec.
5-3.   Director of aviation - Duties generally.
Sec.
5-4.   Promulgation of rules and regulations.
Sec.
5-5.   Authority over public at airports.
Sec.
5-6.   Authority to suspend operations.
Sec.
5-7.   Authority to remove violators from airport premises.
Sec.
5-8.   Compliance with air commerce regulations generally.
Sec.
5-9.   Interest in sales, etc.
Sec.
5-10.   Accounting for funds received.
Sec.
5-11.   Soliciting business or selling merchandise on airport property.
Sec.
5-12.   Aviation schools generally.
Sec.
5-13.   Aviation fuel sales; license fees and rates.
Sec.
5-14.   Fees charged for commercial aircraft.
Sec.
5-15.   Landing fees for general aviation aircraft at Dallas Love Field.
Sec.
5-16.   International arrival fees.
Sec.
5-17.   Authorization for special events.
Sec.
5-18.   Trespassing upon landing, take-off, and taxiing areas.
Sec.
5-19.   Sale of products at airports; license or permit.
Sec.
5-20.   Reserved.
ARTICLE II.
TRANSPORTATION SERVICES.
Sec.
5-21.   Definitions.
Sec.
5-22.   General authority for regulation and enforcement.
Sec.
5-23.   Offenses.
Sec.
5-24.   Defenses.
Sec.
5-25.   Registration of transportation services.
Sec.
5-26.   Fees.
Sec.
5-27.   Enforcement.
ARTICLE III.
CUSTOMER FACILITY CHARGE.
Sec.
5-28.   Definitions.
Sec.
5-29.   Collection and use of customer facility charge funds.
ARTICLE IV.
TERMINAL AND FACILITY.
Sec.
5-30.   Use of passenger interviews, opinion surveys, petitions, etc. at Dallas
Love Field.
Sec.
5-31.   Bringing of pets into the terminal.
Sec.
5-31.1.   Reserved.
ARTICLE V.
OPERATIONS AND SECURITY.
Sec.
5-32.   Trespassing on AOA and movement areas.
Sec.
5-33.   Love Field airport security program.
Sec.
5-34.   Maintenance run-ups.
ARTICLE VI.
ENFORCEMENT.
Sec.
5-35.   Penalty.
Secs.
5-36. thru 5-64   Flying at low altitude; permits for landing places.
ARTICLE I.
IN GENERAL.
(Ord. 26492, title)
SEC. 5-1.   DEFINITIONS.
   In this chapter, unless the context requires otherwise,
      (1)   AIR OPERATIONS AREA (AOA) means all areas contained within the
airport perimeter fence at Love Field and Executive Airport, including the
movement area, ramp areas, hangars, and other facilities.
      (2)   AIRCRAFT means a device that is used or intended to be used for
flight in the air.
      (3)   AIRPORT means Dallas Love Field, Dallas Executive Airport, and the
Dallas Vertiport.
      (4)   AIRPORT OFFICIAL means an employee of the department of aviation
authorized by the director to enforce this chapter.
      (5)   AIRPORT USE AND LEASE AGREEMENT means an agreement dated on or
after October 1, 2008 by and between the city and an owner or operator of a
commercial aircraft that is allowed the use or lease of a gate at an airport
terminal building.
      (6)   AVIATION FUEL means fuel used in aircraft.
      (7)   COMMERCIAL AIRCRAFT means any aircraft operated for passenger,
cargo, or other for-hire purposes on scheduled or non-scheduled flights.
      (8)   COMMERCIAL PASSENGER SERVICE AIRCRAFT means any aircraft operated
for scheduled passenger service to or from Dallas Love Field.
      (9)   DEPARTMENT OF AVIATION means the city department having the
authority over the operations, maintenance, or any use of the city's airports
or other property specifically designated by the city manager.
      (10)   DIRECTOR means the director of the department of aviation,
including any subordinate specifically authorized to act on his behalf.
      (11)   FEDERAL AVIATION ADMINISTRATION (FAA) means the agency of the
United States Department of Transportation, which regulates airports and
aircraft operations as well as airspace issues.
      (12)   FIXED-BASE OPERATOR (FBO) means a person who provides full-service
aircraft maintenance, aircraft rental, passenger charger flight service, or
fuel operations for compensation.
      (13)   GENERAL AVIATION AIRCRAFT means an aircraft that is not a
commercial aircraft on scheduled or non-scheduled flights.
      (14)   INTERNATIONAL ARRIVAL means landing at Dallas Love Field after
taking off from a location outside of the United States or a United States
territory and using United States Customs and Border Protection services at
Dallas Love Field.
      (15)   MOVEMENT AREA means runways, taxiways, and other areas of an
airport that aircraft use for taxiing, takeoff, and landing, exclusive of
loading ramps and parking areas, and that are used under the control of an
airport traffic control tower.
      (16)   PERSON means any individual, partnership, corporation, or
government entity.
      (17)   RESTRICTED AREA means any area in which the general public is not
allowed as determined by the director in writing or by verbal directive during
an emergency.
      (18)   SELF-FUELING OPERATOR means a person dispensing aviation fuel to
aircraft that he owns, leases from others, or manages for others under a
contract.
      (19)   TRANSPORTATION SECURITY ADMINISTRATION (TSA) means the agency of
the United States, within the Department of Homeland Security, that regulates
airport and aircraft security. (Ord. Nos. 8213; 24859; 31690)
SEC. 5-2.   DEPARTMENT OF AVIATION CREATED.
   (a)   There is hereby created the department of aviation of the city of
Dallas, the head of which shall be the director of aviation, who shall be
appointed by the city manager. He shall be a person professionally competent by
experience and training to manage the department.
   (b)   In addition to the director, the organization of the department of
aviation shall be comprised of assistant directors and employees in positions
formally authorized by appropriate action of the city council. Any person
appointed to the position of assistant director shall have the powers and
duties specifically assigned to him and also shall have authority to act in the
capacity of director. The positions heretofore established, and the
appointments thereto officially made, in order to provide personnel for the
performance of the municipal functions required by this chapter, shall become
positions and appointments in the department of aviation without any further
official action. The civil service rules and regulations of the city shall
apply to employees of the department of aviation. (Code 1941, Art. 13-1; Ord.
Nos. 8212; 14384; 31690)
SEC. 5-3.   DIRECTOR OF AVIATION - DUTIES GENERALLY.
   (a)   The director shall devote his entire time to the duties of his office,
becoming familiar with the operation of airports. He shall particularly
familiarize himself with the fees, rates, and charges to be set by the city
council for the reception and care of aircraft and shall immediately recommend
the same to the city manager, so that the proper fees, rates, and charges may
be established for the landing and servicing of aircraft, and shall make
accurate reports to the city controller and the city manager of all monies
handled and charges made by the city for the care and reception of aircraft.
Such fees, rates, and charges include any required to support the general
operation of the airport as approved by the city council.
   (b)   The director shall be responsible for the care of all city property
placed under his supervision, whether within the department of aviation or
otherwise. From time to time, he shall establish suitable rules to be observed
by all entities and facilities operating upon airport property to ensure safe,
reliable, and orderly operations.
   (c)   The director shall exclusively manage, and may execute short term,
month-to-month leases on, all functions, properties, and facilities situated on
or having a relationship to any airport, whether such properties and facilities
are directly related to aviation activities or not, except that the exclusive
management of the Dallas-Fort Worth International Airport is and shall continue
to be the responsibility of the board of directors of the Dallas-Fort Worth
International Airport pursuant to its powers and duties as defined by the
contract and agreement between the cities of Dallas and Fort Worth, Texas.
   (d)   The director shall be responsible for establishing policy, procedures,
and rules consistent with the safe and efficient operation, management, and
maintenance of all airport facilities and equipment, and for the enforcement of
all ordinances, provisions, and rules governing airport operations. (Code 1941,
Art. 13-2; Ord. Nos. 8212; 14384; 15279; 20858; 30240; 31690)
SEC. 5-4.   PROMULGATION OF RULES AND REGULATIONS.
   The director is hereby authorized to promulgate rules and to supervise and
direct the use, operation, and maintenance of all properties situated on or
having relationship to any airport, whether such properties are directly
related to aviation activities or not, and in a manner that will provide the
most efficient, safe, and economical use of the properties in serving the
public interest; except that the supervision, operation, and maintenance of the
Dallas-Fort Worth International Airport is and shall continue to be the
responsibility of the board of directors of the Dallas-Fort Worth International
Airport pursuant to its powers and duties as defined by the contract and
agreement between the cities of Dallas and Fort Worth, Texas. (Ord. Nos. 14384;
19300; 26492; 31690)
SEC. 5-5.   AUTHORITY OVER PUBLIC AT AIRPORTS.
   The director, and his authorized assistants, shall at all times have
authority to take action as may be necessary in the handling, conduct, and
management of the public in attendance at any airport. (Ord. 8213; 31690)
SEC. 5-6.   AUTHORITY TO SUSPEND OPERATIONS.
   The director shall have the authority to suspend operations on or from the
airport when in his opinion conditions of the landing area or local
meteorological conditions might make such operations unsafe. (Ord. 8213; 31690)
SEC. 5-7.   AUTHORITY TO REMOVE VIOLATORS FROM AIRPORT PREMISES.
   Any person operating or handling any aircraft in violation of this chapter
or refusing to comply therewith may be promptly removed or ejected from any
airport by or under the authority of the director, and upon the order of the
city council, may be deprived of the further use of any airport and its
facilities for such length of time as may be required to insure the
safeguarding of the same and the public and its interests therein. (Ord. 8213;
31690)
SEC. 5-8.   COMPLIANCE WITH AIR COMMERCE REGULATIONS GENERALLY.
   No person may navigate any aircraft over, land upon, take off from, or
service, maintain or repair any aircraft, or conduct any aircraft operations on
or from an airport otherwise than in compliance with the federal aviation
regulations of the Federal Aviation Administration or any other authority of
the federal government. (Ord. Nos. 8213; 14384; 31690)
SEC. 5-9.   INTEREST IN SALES, ETC.
   The director shall never be pecuniarily interested, directly or indirectly,
in the sale of any aircraft, equipment, or accessories, or in any concessions
of any kind serving the airports. Any violation of this provision may be
grounds for his dismissal. (Code 1941, Art. 13-4; Ord. Nos. 8212; 14384; 31690)
SEC. 5-10.   ACCOUNTING FOR FUNDS RECEIVED.
   The city controller shall prepare forms to be signed by the director for all
moneys received and all charges made by him, which moneys carried on such forms
shall be deposited in the official city depository to the credit of the
particular airport fund involved. (Code 1941, Art. 13-5; Ord. Nos. 8212; 15279;
20073; 31690)
SEC. 5-11.   SOLICITING BUSINESS OR SELLING MERCHANDISE ON AIRPORT PROPERTY.
   It shall be unlawful for any person to solicit customers or patronage for
himself or on behalf of any person or to sell any merchandise of any type or
distribute advertising matter upon the premises of any airport, without
authority of the director or the city council. (Ord. Nos. 8213; 14384; 31690)
SEC. 5-12.   AVIATION SCHOOLS GENERALLY.
   No person shall use any airport as a place to conduct an aviation school,
air college, or flying school unless it is officially recognized by the U.S.
Department of Transportation, acting through the Federal Aviation
Administration, and has first obtained a lease or permit from the city, or a
sublease or permit from one of the city's tenants on the airport. The director
shall have the authority to promulgate rules and regulations deemed appropriate
for each airport at which such training is conducted. (Ord. Nos. 8213; 14384;
31690)
SEC. 5-13.   AVIATION FUEL SALES; LICENSE FEES AND RATES.
   (a)   Except as provided in Subsection (c), only fixed-base operators or
self-fueling operators located at Dallas Love Field or Dallas Executive Airport
who have received prior written permission from the director and paid the
annual fee required under Paragraph (b)(1) may sell or dispense aviation fuel
at those airports.
   (b)   A fixed-base operator or self-fueling operator selling or dispensing
aviation fuel at Dallas Love Field or Dallas Executive Airport shall:
      (1)   pay to the city an annual fee of $1,000, made in advance through
the director;
      (2)   unless the report is filed by the operator's supplier, file with
the director, before the 10th day of each month, a report of aviation fuel sold
or dispensed during the preceding month; and
      (3)   unless payment is made by the operator's supplier, remit with the
monthly sales report $0.07 for each gallon of aviation fuel sold or dispensed
during the preceding month.
   (c)   Section
5-13(b)(3) does not apply to a person selling aviation fuel to the owner or
operator of an aircraft on which a landing fee is assessed at Dallas Love Field
or Dallas Executive Airport. (Ord. 8213; 31690)
SEC. 5-14.   FEES CHARGED FOR COMMERCIAL AIRCRAFT.
   (a)   Fees in the amounts determined pursuant to this section must be paid
by owners or operators of all commercial aircraft landing at any airport's
facilities for the purpose of taking off or landing aircraft.
   (b)   An owner or operator of commercial aircraft that has executed an
airport use and lease agreement having an effective date of October 1, 2008 or
later shall pay fees to the city in accordance with that agreement.
   (c)   An owner or operator of commercial aircraft that has not executed an
airport use and lease agreement shall pay to the city the following fees per
landing by a commercial aircraft, including scheduled and miscellaneous non-
scheduled landings, whether revenue or non-revenue (except for test,
inspection, or ferry flights for aircraft maintenance only). The fee for each
1,000 pounds of certified gross landing weight (determined according to the
manufacturer's data) is 125 percent of the fee paid by an owner or operator of
commercial aircraft that has executed an airport use and lease agreement having
an effective date of October 1, 2008 or later.
   (d)   Within 10 days after the last day of each month, an owner or operator
of commercial aircraft shall file with the director the following information:
      (1)   the number of landings for the month by type of aircraft; and
      (2)   the manufacturer's certificated gross landing weight for each type
of aircraft.
   (e)   Fees required by this section are due and payable (without invoice
from the city) within 10 days after the last day of each month and must be
transmitted to the director together with the information required under
Subsection (d). (Ord. Nos. 8213; 14384; 31690)
SEC. 5-15.   LANDING FEES FOR GENERAL AVIATION AIRCRAFT AT DALLAS LOVE FIELD.
   (a)   Fees in this section must be paid by owners or operators of all
general aviation aircraft landing at Dallas Love Field or using Dallas Love
Field's facilities for landing aircraft.
   (b)   An owner or operator of a general aviation aircraft that has executed
an airport use and lease agreement shall pay fees, including landing fees, to
the city in accordance with that agreement.
   (c)   For each scheduled or non-scheduled landing, an owner or operator of a
general aviation aircraft who has not executed an airport use and lease
agreement shall pay to the city a fee per 1,000 pounds of certified gross
landing weight. The director shall determine the fee using an 80/20 formula,
with 80 percent of the fee comprised of Dallas Love Field's operation and
maintenance costs attributable to general aviation aircraft landings and 20
percent of the fee attributable to the general aviation aircraft's landed
weight. The director shall, on an annual basis, review the fee and make a
recommendation to the city council if the director determines the fee formula
should be amended.
   (d)   An owner or operator of a general aviation aircraft shall submit the
fees required by this section to the director of aviation in a timely manner.
(Ord. Nos. 8213; 14384; 24859; 31690)
SEC. 5-16.   INTERNATIONAL ARRIVAL FEES.
   (a)   An owner or operator of an aircraft, other than a commercial passenger
service aircraft, that makes an international arrival shall pay to the city the
following fees per international arrival (based on the type of aircraft and the
certificated maximum gross take-off weight of the aircraft, as determined
according to the manufacturer's data):
 
TYPE OF AIRCRAFT                                   FEE
Transport category (more than 100,000 pounds)      $1,050
Large turbine (more than 40,000 to 100,000 pounds) $700
Medium turbine (12,500 to 40,000 pounds)           $560
Light turbine (less than 12,500 pounds)            $350
Twin engine reciprocal propeller                   $140
Single engine reciprocal propeller                 $105
 
   (b)   Fees required by this section are due and payable to the city within
10 days after the date of the invoice from the city detailing the fees owed.
(Ord. Nos. 8213; 14384; 24859; 31690)
SEC. 5-17.   AUTHORIZATION FOR SPECIAL EVENTS.
   Upon approval of a special event or use permit, the director shall authorize
events for the purpose of exhibition, educational purposes, or for
photographer's work at the airport. (Ord. Nos. 8213; 14384; 31690)
SEC. 5-18.   TRESPASSING UPON LANDING, TAKE-OFF, AND TAXIING AREAS.
   It shall be unlawful for any person to enter the landing, take-off, taxiing
areas, or any other restricted areas at any airport unless the person has a
lawful right or a legitimate reason, as determined by the director, to enter
such areas. Restricted areas are specifically reserved for the use of the
actual operators of licensed aircraft, the aircraft crews, incoming and
outgoing passengers in aircraft, employees of the city whose duty it is to
perform services in connection with the maintenance and operation of the
airport, and other persons as may be authorized to enter thereon by reason of
their official duties in connection with the maintenance, inspection, and
operation of aircraft and the airport. (Ord. Nos. 8213; 14384; 31690)
SEC. 5-19.   SALE OF PRODUCTS AT AIRPORTS; LICENSE OR PERMIT.
   No person shall enter any airport for the purpose of offering for sale or
selling any goods, wares, or merchandise unless he has first obtained the
appropriate license or permit from the director. (Ord. Nos. 8213; 14384; 24859;
31690)
SEC. 5-20.   RESERVED.
   (Repealed by Ord. 31690)
ARTICLE II.
TRANSPORTATION SERVICES.
SEC. 5-21.   DEFINITIONS.
   In this article, unless the context requires otherwise,
      (1)   AVI TAG means a nontransferable electronic vehicle identification
tag issued by the North Texas Tollway Authority that is registered with the
department of aviation's Transportation Regulation Division and may be used to
charge trip fees for transportation services at the airport.
      (2)   CERTIFICATE OF REGISTRATION means a certificate authorizing a
company to provide transportation services at the airport.
      (3)   CHARTERED BUS means a bus service for the transport of persons
belonging to a specified group at the airport that is:
         (A)   offered only upon a prearranged basis, the prearrangement being
made at least one hour in advance of the time the transportation is to begin;
and
         (B)   operated from locations within the city to locations either
inside or outside of the city.
      (4)   CONCESSION CONTRACT means a contractual agreement between the city
and another entity for car rental and/or parking services at the airport, under
which the city receives a minimum monthly payment or percentage of the gross
revenues received by the contractor for the services.
      (5)   COURTESY VEHICLE means any vehicle used to offer or provide
courtesy vehicle services.
      (6)   COURTESY VEHICLE SERVICE means free transportation to and from the
airport for customers by or for a business as an accessory to the main
activities of the business.
      (7)   DECAL means a distinct adhesive sticker issued under this article
authorizing the operation of a courtesy vehicle and chartered bus.
      (8)   DRIVER means an individual who drives or otherwise controls the
physical movements of a transportation service vehicle.
      (9)   HOLDER means a person who has been granted a certificate of
registration to operate a transportation service at the airport, and includes
any person with an ownership interest in the transportation service.
      (10)   LAWFUL ORDER means a verbal or written directive issued by the
director, or his appointee, in the performance of his official duties relative
to the enforcement of this article and any rules or regulations promulgated
under this article.
      (11)   OPERATE means:
         (A)   to be in the care, custody, or control of a transportation
vehicle at the airport; or
         (B)   to own or be in control of a transportation service provided at
the airport.
      (12)   OPERATING AUTHORITY means a person who is granted operating
authority under
Chapter 47A to provide transportation-for-hire services.
      (13)   OPERATOR means:
         (A)   the owner or driver of a transportation vehicle; or
         (B)   the holder of operating authority to perform transportation
services at the airport.
      (14)   OWNER means a person:
         (A)   who is the legal owner of a motor vehicle;
         (B)   to whom a motor vehicle is registered by the state; or
         (C)   with whom a motor vehicle is in the care, custody, or control.
      (15)    TRANSPORTATION-FOR-HIRE SERVICE means the business of offering or
providing transportation of persons for compensation under
Chapter 47A.
      (16)    TRANSPORTATION-FOR-HIRE VEHICLE means any vehicle used to offer
or provide transportation-for-hire services.
      (17)   TRANSPORTATION SERVICE means a business that operates a courtesy
vehicle, transportation-for-hire vehicle, or chartered bus at the airport for
the purpose of dropping off or picking up passengers on airport property.
      (18)   TRANSPORTATION VEHICLE means a courtesy vehicle, transportation-
for-hire vehicle, or chartered bus that is used for performing transportation
service at the airport.
      (19)   TRIP means each time a transportation vehicle accesses the curb
space where passengers are picked up or dropped off at the airport.
      (20)   TRIP FEE means the monetary amount charged per trip to the owner
or operator of a transportation vehicle in accordance with Section
5-26. (Ord. Nos. 8213; 14384; 31690)
SEC. 5-22.   GENERAL AUTHORITY FOR REGULATION AND ENFORCEMENT.
   (a)   The director, through the Transportation Regulation Division, shall
implement and enforce this article and may promulgate and enforce written rules
and regulations consistent with this article governing the operation of
transportation services at the airport as necessary to provide for the orderly,
efficient, and convenient flow of traffic, to protect the public health and
safety, and to manage the transportation system at the airport.
   (b)   The director, through the Transportation Regulation Division, may
issue lawful orders and set and modify rules as necessary and consistent with
this article. (Ord. Nos. 8213; 14384; 24859; 31690)
SEC. 5-23.   OFFENSES.
   (a)   A person commits an offense if he performs transportation services,
operates a transportation vehicle, or as a holder, allows the operation of a
transportation-for-hire vehicle or chartered bus at the airport without being
authorized under:
      (1)   a current, valid certificate of registration issued under Section
5-25;
      (2)    a current, valid operating authority permit issued under
Chapter 47A; or
      (3)   a current, valid transportation network company registration with
the Texas Department Licensing and Regulation.
   (b)   A person commits an offense if he operates a transportation-for-hire
vehicle or charted bus at the airport without:
      (1)   holding a current valid operating authority permit under
Chapter 47A; or
      (2)   being named as the driver in a valid, open transportation network
company's digital network as defined in the Texas Occupations Code, Chapter
2402, Subchapter A, as amended.
   (c)    A person commits an offense if he performs transportation services,
operates a transportation vehicle, or as a holder, allows the operation of, a
transportation vehicle without holding a current, valid AVI tag required under
this article. (Ord. Nos. 8213; 14384; 31690)
SEC. 5-24.   DEFENSES.
   It is a defense to prosecution under this article that a motor vehicle was
owned, operated, or leased by:
      (1)   a nonprofit organization and being used to carry only passengers
associated with that organization, if no compensation is received from any
other person for carrying the passengers;
      (2)   a fixed-based operator and being used to transport employees or
customers at the airport; or
      (3)   the federal or state government or a political subdivision of the
state;
      (4)   a school, university, organ donor company, medical service
provider, or ambulance service; or
      (5)    a vehicle operating as a Dallas Area Rapid Transit ("DART")
vehicle. (Ord. Nos. 8213; 14384; 31690)
SEC. 5-25.   REGISTRATION OF TRANSPORTATION SERVICES.
   (a)   Registration.
      (1)   To obtain a transportation service certificate of registration, a
person must submit a registration application to the Transportation Regulation
Division on a form provided for that purpose. The applicant must be the person
who will own or operate the proposed transportation service.
      (2)   The registration application must include or be accompanied by:
         (A)   the name, address, and verified signature of the applicant;
         (B)   a description of each motor vehicle the applicant proposes to
use in the operation of the transportation service, including the make, model,
vehicle identification number, and state license plate number of the motor
vehicle;
         (C)   the full name and driver's license number of every individual
expected to drive or operate a transportation vehicle at the airport under the
registration;
         (D)   proof of each driver's authority to operate the type of motor
vehicle designated by the applicant to be operated in the transportation
service;
         (E)   documentary evidence from an insurance company indicating a
willingness to provide liability insurance on each courtesy vehicle or
transportation vehicle to be operated at the airport;
         (F)   proof showing the purchase or authorized use of a valid AVI tag
for each transportation vehicle to be operated at the airport;
         (G)   an annual decal and certificate of registration fees in the
amount specified in Section
5-26 of this article for each transportation vehicle to be operated at the
airport that does not have a current, valid vehicle permit issued under
Chapter 47A of this code; and
         (H)   any other information requested by the director that is
reasonably necessary to determine the qualifications of the applicant to
perform transportation service at the airport.
      (3)   Upon receipt of a registration application, the Transportation
Regulation Division shall issue a certificate of registration to the applicant,
unless it is determined that the applicant:
         (A)   failed to submit a complete registration application;
         (B)   made a false statement as to a material matter on, or in
connection with, the registration application;
         (C)   failed to pay any fee required by this article relating to the
operation of transportation services at the airport.
      (4)   If the director approves the registration application, the
applicant will receive a transportation service certificate of registration and
a decal, if applicable, for each vehicle authorized to be operated by the
transportation service.
      (5)   If the Transportation Regulation Division denies a renewal of a
transportation service certificate of registration, the applicant, holder, or
transportation vehicle operator, shall immediately cease any transportation
service at the airport and shall promptly surrender and remove any registration
decal from any motor vehicle used to perform transportation services at the
airport.
      (6)   If the director determines that an application or renewal should be
denied, the Transportation Regulation Division shall notify the applicant in
writing that the application is denied and include in the notice the reason for
the denial and a statement informing the applicant of their right to appeal.
   (b)   Expiration of registration. Certificate of registration and decals
expire at 11:59 p.m. on December 31 of each year and must be renewed in
accordance with the application procedures set forth in this section.
   (c)   Suspension and revocation of registration.
      (1)   The Transportation Regulation Division may suspend a certificate of
registration of a transportation service for a period not to exceed 60 days for
failure to comply with requirements in this article. The Transportation
Regulation Division may apply the suspension to all of the holder's
transportation vehicle operations at the airport or limit the suspension to the
particular transportation vehicle operator who is responsible for creating the
grounds for the suspension. At the end of the suspension period, the holder or
the transportation vehicle operator, whichever applies, may resume providing
transportation service at the airport, after providing verification to the
Transportation Regulation Division that any deficiency for which the suspension
was given has been corrected. Failure to correct a deficiency within the time
established may result in revocation of the holder's certificate of
registration.
      (2)   The director may suspend or revoke a certificate of registration if
the director determines that:
         (A)   the holder made a false statement as to a material matter on, or
in connection with, the registration application; or
         (B)   the holder, or any operator of a transportation vehicle
authorized under the holder's certificate of registration:
            (i)   failed to pay any fee required by this article at the time or
in the manner required by this article or approved by the director;
            (ii)   used an AVI tag, courtesy vehicle decal, or transportation-
for-hire vehicle decal in an unauthorized manner; or
            (iii)   failed to comply with any provision of this article or any
rule, regulation, or lawful order promulgated or issued by the Transportation
Regulation Division under this article.
      (3)   The Transportation Regulation Division shall notify the holder in
writing of any suspension or revocation under this subsection. Written notice
must also be given to any particular transportation vehicle operator whose
authority to operate at the airport under a holder's certificate of
registration is suspended or revoked under this section. The Transportation
Regulation Division shall include in the notice, the reason for the suspension
or revocation, the scope of the suspension, the date the director orders the
suspension or revocation to begin, the duration of any suspension, and a
statement informing the holder and any transportation vehicle operator, of
their right to appeal. The period of suspension or revocation begins on the
date specified by the Transportation Regulation Division, or, in the case of an
appeal, on the date ordered by the permit and license appeal board.
      (4)   If the Transportation Regulation Division suspends or revokes the
authority of a transportation vehicle operator to operate at the airport under
a holder's certificate of registration, the applicant, holder, or
transportation vehicle operator shall immediately cease any transportation
service at the airport and shall promptly surrender and remove any registration
decal from any motor vehicle used to perform transportation service at the
airport.
      (5)   A holder whose certificate of registration has been revoked is not
eligible to reapply for another transportation service decal before the
expiration of 24 months after the date of revocation.
   (d)   Appeals of a denial, suspension, or revocation. Any person whose
application for issuance or renewal of a transportation service certificate of
registration is denied, or any transportation vehicle operator whose authority
to operate at the airport under a holder's certificate of registration has been
suspended or revoked may file an appeal with the permit and license appeal
board in accordance with Section
2-96. (Ord. Nos. 8213; 14384; 24859; 31690)
SEC. 5-26.   FEES.
   (a)   A person performing transportation service at the airport shall pay
the following fees to the Transportation Regulation Division:
      (1)   Certificate of registration fee. Courtesy vehicles; chartered
buses; vehicles not registered under Texas Department of Licensing and
Regulation, Texas Department of Transportation, United States Department of
Transportation; and transportation-for-hire vehicles operating at the airport
that do not have a current, valid City of Dallas vehicle permit issued under
Chapter 47A of this code are charged an annual $30 certificate of registration
fee.
      (2)   Decal fee. An annual decal fee of $15 is charged for each
transportation vehicle operated at the airport that does not have a current,
valid City of Dallas vehicle permit issued under
Chapter 47A. The fee to replace a decal that has been lost, stolen, or
mutilated is $25.
      (3)   Trip fee. Each courtesy vehicle and chartered bus not operating
under an airport concession contract and each transportation service and each
transportation-for-hire vehicle is charged a $2.00 per entry and per exit trip
fee. This fee does not apply to courtesy vehicles or chartered buses operating
under an airport concession contract.
   (b)   The director shall establish rules and regulations governing the time
and manner in which the fees required by this section must be paid. (Ord. Nos.
8213; 14384; 31690)
SEC. 5-27.   ENFORCEMENT.
   A vehicle may be towed and impounded if determined by the director, the
Transportation Regulation Division, or a peace officer to be operating as a
transportation vehicle without:
      (1)   the certificate of registration or operating authority required by
this chapter or
Chapter 47A; or
      (2)   a vehicle decal permit or AVI-tag required by this chapter. (Ord.
Nos. 8213; 14384; 31690)
ARTICLE III.
CUSTOMER FACILITY CHARGE.
SEC. 5-28.   DEFINITIONS.
   In this article,
      (1)   AIRPORT CUSTOMER means a person who arrives at the airport and who
enters into an agreement:
         (A)    directly with an airport rental car company; or
         (B)    with a third party, if that agreement with the third party was
facilitated, arranged, or otherwise coordinated by an airport rental car
company.
      A person qualifies as an airport customer regardless of whether the
person receives the car at the airport, a future ConRAC location, or an off-
airport location.
      (2)   AIRPORT RENTAL CAR COMPANY means both an off-airport rental car
company and an on-airport rental car company.
      (3)   ConRAC means a consolidated rental car facility.
      (4)   CUSTOMER FACILITY CHARGE or CFC means a user fee imposed on an
airport customer by an airport rental car company on a per transaction basis.
The CFC does not constitute income, revenue, or assets of the airport rental
car company, and is always property of the city.
      (5)   OFF-AIRPORT RENTAL CAR COMPANY means a person who provides car
rental services, including, but not limited to, peer-to-peer car rental
services, and picks up, arranges, coordinates, or is an intermediary for the
pick-up of the customer from the airport. An off-airport rental car company
does not include an on-airport rental car company.
      (6)   ON-AIRPORT RENTAL CAR COMPANY means a person who is a party to a
concession contract with the city to provide car rental services.
      (7)   TRANSACTION DAY means a 24-hour period, or fraction thereof, that
is subject to an agreement to which an airport customer is a party. (Ord. Nos.
8213; 14384; 24859; 31690)
SEC. 5-29.   COLLECTION AND USE OF CUSTOMER FACILITY CHARGE FUNDS.
   (a)   The director is authorized to administer the collection of CFC funds
consistent with this article. The director may deem an airport rental car
company that fails to comply with this section in default, and recommend
termination to the city council, of any agreement related to car rental
services that the airport rental car company has with the city, regardless of
whether the agreement incorporates this section.
   (b)   The CFC amount to be charged an airport customer is $3.00 per
transaction day.
   (c)   An airport rental car company must:
      (1)   charge and collect from its customer the total amount of the CFC
due under the airport rental car company contract at the time the final number
of transaction days are determined and list the CFC separately on the invoice
as a customer facility charge;
      (2)   remit the total amount of the CFC along with supporting
documentation in a format approved by the director according to the following
deadlines:
         (A)   for an off-airport rental car company, the CFC must be remitted
directly to the city on or before the 15th day of every calendar month
following the month in which the CFC was invoiced to the airport customer;
         (B)   for an on-airport rental car company, the CFC must be remitted
pursuant to the terms of its concession contract with the city; and
      (3)   maintain adequate records that account for the CFC charged to its
customers and collected for and remitted to the city, in accordance with
generally accepted accounting principles, and make the records available to the
city on a monthly basis, or upon request of the director.
   (d)   The city may use the CFC to pay costs associated with studying,
planning, designing, and managing ConRAC projects, and purchasing and improving
property related to the development of a ConRAC and other rental car facilities
for airport rental car companies. The CFC may also be used to analyze the
operational, physical, and financial feasibility of developing ConRAC and other
rental car facilities for airport rental car companies as well as for leasing
property, paying construction costs, and common use of transportation systems.
(Ord. Nos. 8213; 14384; 24859; 31690)
ARTICLE IV.
TERMINAL AND FACILITY.
SEC. 5-30.   USE OF PASSENGER INTERVIEWS, OPINION SURVEYS, PETITIONS, ETC. AT
DALLAS LOVE FIELD.
   (a)   It shall be unlawful for any person to conduct passenger interviews,
opinion surveys, or circulate any petition or questionnaire to any member of
the air traveling public at or upon any restricted airport property, including,
but not limited to, the Dallas Love Field terminal building; provided.
   (b)   This section does not apply to:
      (1)   a person acting under the authorization of the city, state, or
federal government; or
      (2)   a media person gathering news for general dissemination to the
public by newspapers or magazines of general circulation or by radio or
television stations operating under a permit from the United States government
(Ord. Nos. 8213; 14384; 31690)
SEC. 5-31.   BRINGING OF PETS INTO THE TERMINAL.
   (a)   It shall be unlawful for any individual to bring into any building, or
onto any airport property, any pet or animal, unless, for the entire time on
the property, the pet or animal is:
      (1)   in a pet container;
      (2)   on a leash that is six feet long or shorter; or
      (3)   otherwise under the complete control of the owner or caretaker.
   (b)   The director shall cause signs giving appropriate notice of pet and
animal restrictions to be installed at prominent places at Dallas Love Field
and Dallas Executive Airport. (Ord. Nos. 8213; 14318; 14857; 19425; 19677;
24859; 26264; 27436; 31690)
SEC. 5-31.1.   RESERVED.
   (Repealed by Ord. 31690)
ARTICLE V.
OPERATIONS AND SECURITY.
SEC. 5-32.   TRESPASSING ON AOA AND MOVEMENT AREAS.
   (a)   It is unlawful for any person to enter the AOA of any airport unless a
person has a lawful right or is authorized by the director to enter the area.
These areas are specifically reserved for the use of the actual operators of
licensed aircraft, the aircraft crews, incoming and outgoing passengers moving
to and from aircraft, employees of the city whose duty it is to perform
service, maintenance, and the actual operation of the airport, and such other
persons as may be authorized to enter thereon because of their official duties
in connection with the maintenance, inspection, and operation of aircraft and
the airport.
   (b)   It is unlawful for any person to enter the movement area of any
airport unless a person is authorized by the director and complies with all
rules and regulations for access in accordance with FAA and local airport
requirements. (Ord. Nos. 8213; 14384; 31690)
SEC. 5-33.   LOVE FIELD AIRPORT SECURITY PROGRAM.
   (a)   A tenant or any person who has been issued identification media by the
department of aviation authorizing access to the security identification
display, air operations area, or sterile area shall comply with the airport
security program.
   (b)   If a penalty is assessed against the city by the Federal Aviation
Administration or Transportation Security Administration because a tenant or
person who has been issued airport identification media has failed to comply
with the airport security program, the director shall assess the same penalty
against that tenant or person. A tenant or person shall pay the full amount of
a penalty under this subsection to the director not later than the 10th day
after the director submits written demand for payment.
   (c)   The operations and security division of the department of aviation has
primary responsibility for enforcement of the airport security program (Ord.
Nos. 8213; 9975; 14384; 15629; 24859; 25124; 27436; 31690)
SEC. 5-34.   MAINTENANCE RUN-UPS.
   No person shall start and run up an aircraft, except in a place designated
for such purposes by the director or one of the director's assistants. Aircraft
starts and run-ups may not be conducted at Dallas Love Field or Dallas
Executive Airport between 12:00 a.m. (midnight) and 6:00 am. At no time may any
person run up an engine or engines from a position that hangars, shops, or
other buildings, or any person in the observation area, are in the path of the
propeller or jet blast. (Ord. Nos. 8213; 9975; 14384; 31690)
ARTICLE VI.
ENFORCEMENT.
SEC. 5-35.   PENALTY.
   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. Each offense is punishable by a fine not to exceed
$500. (Ord. 28110; 31690)
SECS. 5-36. THROUGH 5-64.   RESERVED.
   (Repealed by Ord. 31690)
CHAPTER 5A
AIR POLLUTION
Sec.
5A-1.   Short title.
Sec.
5A-2.   Declaration of policy.
Sec.
5A-3.   Chapter definitions.
Sec.
5A-4.   General authority and duty of director.
Sec.
5A-5.   Air pollution information required.
Sec.
5A-5.1.   Reserved.
Sec.
5A-6.   Texas Natural Resource Conservation Commission rules.
Sec.
5A-7.   City air pollution standards.
Sec.
5A-8.   Registration fees.
Sec.
5A-9.   Compliance order and emergency action.
Sec.
5A-10.   Monitoring requirements.
Sec.
5A-11.   Inspection of records.
Sec.
5A-12.   Notice.
Sec.
5A-13.   Nuisance.
Sec.
5A-14.   Offenses.
Sec.
5A-15.   Motor vehicle idling.
SEC. 5A-1.   SHORT TITLE.
   This chapter may be cited as the Dallas Clean Air Ordinance. (Ord. 15079)
SEC. 5A-2.   DECLARATION OF POLICY.
   It is the policy of the city of Dallas to safeguard the air resources of the
city from air pollution and to promote the protection of the health, safety,
general welfare, and physical property of the people within the city by
regulating emission of air contaminants and by controlling or abating air
pollution. The provisions of this chapter are to be construed, according to the
fair import of their terms, to effect this policy. (Ord. 15079)
SEC. 5A-3.   CHAPTER 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)   AIR CONTAMINANT means dust, fumes, gas, mist, odor, particulate
matter, toxic materials, smoke, or vapor, individually or in combination, that
is produced by a process other than natural.
      (2)   AIR POLLUTION means the presence in the atmosphere of one or more
air contaminants in such concentration and of such duration:
         (A)   as to have or tend to have an injurious or adverse effect on
human health or safety, animal or vegetable life, or property; or
         (B)   as to interfere with the normal use or enjoyment of animals,
vegetation, or other property.
      (3)   DIRECTOR means the director of the department designated by the
city manager to enforce and administer this chapter and includes
representatives, agents, or city employees designated by the director to assist
in the enforcement and administration of this chapter.
      (4)   FACILITY means any stationary source of air contaminants and
includes the following classes.
         (A)   Class "1" facility means a stationary source of air contaminants
whose actual emissions at design capacity are greater than or equal to 100 tons
per year of any pollutant.
         (B)   Class "2" facility means a stationary source of air contaminants
whose uncontrolled emissions at design capacity would be greater than or equal
to 100 tons per year for any pollutant, but whose actual emissions are less
than 100 tons per year.
         (C)   Class "3" facility means a stationary source of air contaminants
whose uncontrolled emissions at design capacity are less than 100 tons per
year, but greater than or equal to five tons per year.
         (D)   Class "4" facility means a facility whose uncontrolled emissions
at design capacity are less than five tons per year but whose emissions are
significant, or have the potential to be significant, or have a potential to be
a nuisance.
         (E)   Class "5" facility means a dry cleaner that uses
trichloroethylene, perchloroethylene, or naphtha when conducting cleaning
operations on clothing or other fabrics.
      (5)   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. (Ord. Nos. 15079; 17226; 17344; 19647;
20076; 20612; 21144; 29879, eff. 10/1/15)
SEC. 5A-4.   GENERAL AUTHORITY AND DUTY OF DIRECTOR.
   The director is the principal air pollution control officer of the city. The
director shall implement and enforce this chapter and may establish such rules,
not inconsistent with this chapter, as he determines are necessary to discharge
his duty under, or to effect the policy of, this chapter. The director shall
evaluate the effect of proposed zoning changes on air pollution and shall
endeavor to coordinate his activities with those of the city planning and
zoning agencies in order to achieve optimum management of the air resources of
the city. The director is encouraged to cooperate, in a manner consistent with
the policy of this chapter, with other governmental agencies concerned with air
pollution. The director is encouraged to publicize information on air pollution
data, administrative hearings, progress in abatement programs and decisions
affecting pollution control, and to inform and cooperate with citizen groups
and industry associations concerned with air pollution. The director shall
recommend to the city manager enforcement measures and policies to achieve and
maintain air quality in the city of Dallas. (Ord. 15079)
SEC. 5A-5.   AIR POLLUTION INFORMATION REQUIRED.
   (a)   Any person operating or maintaining an existing facility which emits
or has the potential to emit air contaminants shall register with the director.
   (b)   New or modified facilities.
      (1)   Any person proposing to construct a new facility or modify an
existing facility, as defined in the Texas Clean Air Act, so as to require a
Texas Natural Resource Conservation Commission (TNRCC) permit shall register
with the director within 30 days of submittal of the TNRCC permit application.
      (2)   Any person proposing to construct a new facility that is exempt
from TNRCC permit requirements shall register with the director within 30 days
of beginning operation.
   (c)   The director may require, from time to time, a person whose activity
causes or may cause emission of an air contaminant to submit to the director
such additional information as the director considers necessary to evaluate the
air pollution nature or potential of the activity.
   (d)   Except for official purposes, the director may not disclose
information submitted under this chapter relating to secret processes or
methods of manufacture or production, which information is identified as
confidential when submitted, without the written consent of the person who
submits the information. (Ord. Nos. 15079; 19647; 22442)
SEC. 5A-5.1.   RESERVED.
   (Repealed by Ord. No. 29879, eff. 10/1/15)
SEC. 5A-6.   TEXAS NATURAL RESOURCE CONSERVATION COMMISSION RULES.
   The city hereby adopts by reference the following rules of the Texas Natural
Resource Conservation Commission, in their current form and as they may
hereafter be amended (a copy of which is on file in the office of the
director), including the tables, graphs, figures, appendices, and other matter
promulgated as part of the state commission’s rules, all of which are
incorporated by reference as though written fully word for word in this
chapter.
   (1)   30 TAC, Chapter 101, General Rules.
   (2)   30 TAC, Chapter 104, Bond Certification Criteria for Air Pollution
Control Facilities.
   (3)   30 TAC, Chapter 106, Exemptions from Permitting.
   (4)   30 TAC, Chapter 111, (Regulation I) Control of Air Pollution from
Visible Emissions and Particulate Matter.
   (5)   30 TAC, Chapter 112, (Regulation II) Control of Air Pollution from
Sulphur Compounds.
   (6)   30 TAC, Chapter 113, (Regulation III) Control of Air Pollution from
Toxic Materials.
   (7)   30 TAC, Chapter 114, (Regulation IV) Control of Air Pollution from
Motor Vehicles.
   (8)   30 TAC, Chapter 115, (Regulation V) Control of Air Pollution from
Volatile Organic Compounds.
   (9)   30 TAC, Chapter 116, (Regulation VI) Control of Air Pollution by
Permits for New Construction or Modification.
   (10)   30 TAC, Chapter 117, (Regulation VII) Control of Air Pollution from
Nitrogen Compounds.
   (11)   30 TAC, Chapter 118, (Regulation VIII) Control of Air Pollution
Episodes.
   (12)   30 TAC, Chapter 119, (Regulation IX) Control of Air Pollution from
Carbon Monoxide.
   (13)   30 TAC, Chapter 122, (Regulation XII) Federal Operating Permits.
(Ord. Nos. 15079; 17344; 18902; 21144; 22442; 22894; 23264; 23723; 24027)
SEC. 5A-7.   CITY AIR POLLUTION STANDARDS.
   (a)   No person may cause, suffer, allow, or permit the emission of lead or
its compounds (measured as elemental lead) so as to cause or contribute to an
exceedence of the ambient air quality standard for lead. The ambient air
quality standard for lead and its compounds, measured as elemental lead by a
reference method based on appendix G of 40 CFR 50, or by an equivalent method,
is 1.5 micrograms per cubic meter, maximum arithmetic mean averaged over 30
calendar days. The data used to obtain the arithmetic mean averaged over 30
calendar days shall consist of individual 24-hour concentrations obtained on a
regular sampling schedule and shall contain a minimum of 15 validated samples.
   (b)   No person or persons may cause, suffer, allow, or permit emissions of
lead from any source or sources on a property or from multiple sources operated
on contiguous properties to exceed any of the following net ground level
concentrations:
      (1)   8.3 micrograms of lead per cubic meter of air averaged over one
hour; or
      (2)   6.5 micrograms of lead per cubic meter of air averaged over three
hours; or
      (3)   5.2 micrograms of lead per cubic meter of air averaged over five
hours.
   (c)   Odors (emission standard). A stationary source may not emit beyond its
property line an odor, the strength of which equals or exceeds two odor units,
as measured by the director on a Barnaby-Cheney Scentometer or equivalent odor-
testing device.
   (d)   The director shall prescribe by rule such additional regulations as he
determines are necessary to implement this section and may provide by rule for
temporary suspension of the application of the air pollution standards
prescribed by this section to a source that is operating under unusual
conditions or circumstances that prevent compliance. (Ord. Nos. 15079; 18223;
18902)
SEC. 5A-8.   REGISTRATION FEES.
   (a)   Any person operating or maintaining a facility registered with the
director under Section
5A-5(a) or (b) shall pay a nonrefundable registration fee for each calendar
year. The fee is based upon the applicable facility class, or upon the facility
source status. The fee for each calendar year must be paid by December 31 of
the previous calendar year.
   (b)   The fee for each class of facility is as follows:
 
Class “1” facil$1,442
Class “2” facil$1,093
Class “3” facil$988
Class “4” facil$988
Class “5” facil$86
 
   (c)   The annual registration fee for a new facility will be prorated from
the date on which operations begin to the end of the calendar year.
   (d)   If the annual registration fee is not received by the date due, the
registration for the facility lapses, and a reinstatement fee of $50 must be
paid in addition to the registration fee before the registration will be
renewed.
   (e)   A person commits a separate offense each day that he fails to either
register a facility or pay the appropriate registration fee for a facility by
the date due. (Ord. Nos. 19647; 20612; 26598; 27353; 28019; 29477; 29879;
32310)
SEC. 5A-9.   COMPLIANCE ORDER AND EMERGENCY ACTION.
   (a)   If the director determines that a source is in violation of the
emission standard prescribed by Section
5A-7(a), (b) or (c), the director by written order may require a person who
owns, controls, or manages the source to take such action as the director
determines is necessary to promote or effect compliance with the emission
standard.
   (b)   If the director determines that an imminent and serious threat to the
public health or safety exists because of violation of Section
5A-7, the director may take or cause to be taken such immediate action as is
necessary under the circumstances to abate the threat.
   (c)   Exercise of authority granted by this section is not a prerequisite to
prosecution of an offense under Section
5A-14. (Ord. Nos. 15079; 18902)
SEC. 5A-10.   MONITORING REQUIREMENTS.
   (a)   The director by rule may prescribe reasonable requirements for
monitoring or measuring emission of air contaminants by a person who owns,
controls, or operates a source that emits an air contaminant identified in
Section
5A-7.
   (b)   The director by rule may prescribe reasonable requirements for
maintaining records on monitoring or measuring emissions by a person who is
required to monitor or measure emission of air contaminants under Subsection
(a) of this section. (Ord. 15079)
SEC. 5A-11.   INSPECTION OF RECORDS.
   The director may examine during regular business hours such records as are
required by state or city law or rule to be maintained in connection with the
operation of air pollution or emission control equipment or facilities or in
connection with the emission of air contaminants. (Ord. 15079)
SEC. 5A-12.   NOTICE.
   Notice required or authorized under this chapter must be served on the
person to be notified either personally or by mailing to the person at the
address last known to the director. The effective date of notice required or
authorized under this chapter is the date that the notice is personally served
or that the notice is postmarked, as the case may be. (Ord. 15079)
SEC. 5A-13.   NUISANCE.
   A violation of a standard prescribed by Section
5A-7 constitutes a nuisance. The city attorney may file suit to obtain such
orders or process as are necessary to abate the nuisance. (Ord. 15079)
SEC. 5A-14.   OFFENSES.
   (a)   A person commits an offense if he:
      (1)   refuses to submit information requested by the director under
Section
5A-5(a); or
      (2)   violates a rule of the Texas Natural Resource Conservation
Commission identified in Section
5A-6; or
      (3)   owns, controls, or manages a source that violates the emission
standard prescribed by Section
5A-7(a), (b) or (c); or
      (4)   interferes with the director in the exercise of his authority under
Section
5A-9(b); or
      (5)   violates a rule established under Section
5A-10; or
      (6)   refuses to allow or interferes with an inspection authorized under
Section
5A-11; or
      (7)   violates a variance or order granted or issued by the Texas Natural
Resource Conservation Commission under the Texas Clean Air Act.
   (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)   An offense committed under this section is punishable by a fine of not
more than $2,000.
   (d)   A separate offense is committed each day in which an offense under
this section occurs.
   (e)   If an enforcing officer designated by the director has probable cause
to believe that a person has committed an offense under this section, the
enforcing officer may issue the person a written citation requiring him to
appear in municipal court to answer the charge against him. If, upon request by
the enforcing officer, the person believed by the officer to have committed the
offense refuses to promise to appear in court by signing the citation, the
enforcing officer may cause the person to be arrested. The citation must
include the name of the person cited for the offense, identification and date
of offense alleged, and date of citation. The officer issuing a citation shall
sign it.
   (f)   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. 15079; 18001; 18902;
19963; 20076; 22442; 29879, eff. 10/1/15)
SEC. 5A-15.   MOTOR VEHICLE IDLING.
      (a)   Definitions. In this section:
         (1)   COMMERCIAL PASSENGER TRANSPORTATION means a mode of
transportation provided by a bus or motor coach designed to accommodate more
than 10 passengers (including the operator) for compensation and that is
powered by a primary propulsion engine, but specifically excluding the modes of
railroad, light rail, or taxicabs.
         (2)   IDLE means the operation of an engine in the operating mode
where:
         (A)   the engine is not engaged in gear;
         (B)   the engine operates at a speed at the revolutions per minute
specified by the engine or vehicle manufacturer for when the accelerator is
fully released; and
         (C)   there is no load on the engine.
      (3)   MECHANICAL OPERATIONS means the use of electrical tools or
equipment in construction, maintenance, or repair of facilities.
      (4)   PASSENGER TRANSIT OPERATIONS means a regional mode of public
transportation that is funded through a portion of sales tax for the region
being served.
      (5)   PRIMARY PROPULSION ENGINE means a gasoline or diesel-fueled
internal combustion engine that:
         (A)   is attached to a motor vehicle; and
         (B)   provides the power to propel the motor vehicle into motion and
maintain motion.
   (b)   Idling prohibited. A person commits an offense if he causes, suffers,
allows, or permits the primary propulsion engine of a motor vehicle to idle for
more than five consecutive minutes when the motor vehicle is not in motion.
   (c)   Defenses. It is a defense to prosecution under this section that:
      (1)   the motor vehicle has a gross vehicle weight rating of 14,000
pounds or less;
      (2)   the motor vehicle was forced to remain motionless because of
traffic conditions over which the operator had no control;
      (3)   the motor vehicle was being used:
         (A)   by the United States military, national guard, or reserve
forces; or
         (B)   as an emergency or law enforcement motor vehicle;
      (4)   the primary propulsion engine of the motor vehicle was providing a
power source necessary for a mechanical operation of the vehicle, other than:
         (A)   propulsion; or
         (B)   passenger compartment heating or air conditioning;
      (5)   the primary propulsion engine of the motor vehicle was being
operated for maintenance or diagnostic purposes;
      (6)   the primary propulsion engine of the motor vehicle was being
operated solely to defrost a windshield;
      (7)   the primary propulsion engine of the motor vehicle was being used
to supply heat or air conditioning necessary for passenger comfort or safety,
if the vehicle:
         (A)   was a school bus or was intended for commercial passenger
transportation or passenger transit operations; and
         (B)   did not idle more than 30 consecutive minutes;
      (8)   the primary propulsion engine of the motor vehicle was being used
to provide air conditioning or heating necessary for employee health or safety
while the employee was using the vehicle to perform an essential job function
related to roadway construction or maintenance;
      (9)   the primary propulsion engine of the motor vehicle was being used
as airport ground support equipment;
      (10)   the person charged with the offense was the owner of a motor
vehicle that had been rented or leased to the person operating the vehicle at
the time of the offense, if the vehicle operator was not employed by the
vehicle owner;
      (11)   the idling of the motor vehicle was necessary to power a heater or
air conditioner while a driver was using the vehicle’s sleeper berth for a
government-mandated rest period and was not within two miles of a facility
offering external heating and air conditioning connections at a time when those
connections were available;
      (12)   the primary propulsion engine of the motor vehicle was being used
to provide air conditioning or heating necessary for employee health or safety
in an armored vehicle while the employee remained inside the vehicle to guard
the contents or while the vehicle was being loaded or unloaded; or
      (13)   the motor vehicle has a gross vehicle weight rating greater than
14,000 pounds and is equipped with a 2008 or subsequent model year heavy- duty
diesel engine or liquefied or compressed natural gas engine that has been
certified by the United States Environmental Protection Agency or another state
environmental agency to emit no more than 30 grams of nitrogen oxides emissions
per hour when idling.
   (d)   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. (Ord. Nos. 26766; 27264; 28456; 28833)
CHAPTER 6
ALCOHOLIC BEVERAGES
Sec.
6-1.   Definitions.
Sec.
6-2.   Enforcement.
Sec.
6-3.   Zoning laws to be complied with.
Sec.
6-4.   Dealers located near churches, schools, day-care centers, child-care
facilities, and hospitals; variances.
Sec.
6-5.   Public school activities.
Sec.
6-6.   Reserved.
Sec.
6-6.1.   Open containers and consumption of alcoholic beverages prohibited in
certain public places.
Sec.
6-7.   Reserved.
Sec.
6-8.   Reserved.
Sec.
6-9.   State law to control.
Sec.
6-10.   Local fees.
Sec.
6-11.   Sale of beer prohibited in residential zoning districts.
Sec.
6-12.   Reserved.
Sec.
6-13.   Seizure of alcoholic beverages.
Sec.
6-14.   Late hours sales of alcoholic beverages in counties having a population
of less than 500,000.
SEC. 6-1.   DEFINITIONS.
   In this chapter:
      (1)   ALCOHOLIC BEVERAGE means an alcoholic beverage as defined in the
Texas Alcoholic Beverage Code.
      (2)   DALLAS CENTRAL AREA means the area contained within the following
boundaries:
         Beginning at the intersection of the Trinity River and I-35;
         Northerly along the Trinity River to Inwood Road;
         Northeasterly on Inwood Road to Maple Avenue;
         Southeasterly on Maple Avenue to Motor Street;
         Southwesterly on Motor Street to Harry Hines Boulevard;
         Southerly on Harry Hines Boulevard to intersect the Union Pacific/DART
Rail Line;
         Northerly and easterly along the Union Pacific/DART Rail Line to
intersect Lemmon Avenue;
         Southeasterly on Lemmon Avenue to intersect North Central Expressway;
         Northerly on North Central Expressway to intersect Haskell Avenue;
         Southeasterly on Haskell Avenue to intersect the Santa Fe/DART Rail
Line;
         Southwesterly along the Santa Fe/DART Rail Line to intersect the Union
Pacific/DART Rail Line;
         Southeasterly along the Union Pacific/DART Rail Line to intersect I-
30;
         Southwesterly on I-30 to intersect the Santa Fe/DART Rail Line;
         Southwesterly along the Santa Fe/DART Rail Line to intersect the
Trinity River;
         Northwesterly along the Trinity River to intersect I-35 at the point
of beginning.
      (3)   OPEN CONTAINER means a container that is no longer sealed.
      (4)   PRIVATE SCHOOL means a private school, including a parochial
school, that:
         (A)   offers a course of instruction for students in one or more
grades from kindergarten through grade 12; and
         (B)   has more than 100 students enrolled and attending courses at a
single location. (Code 1941, Art. 69-6; Ord. Nos. 21735; 21828; 25174)
SEC. 6-2.   ENFORCEMENT.
   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. Each offense is punishable by a fine not to exceed
$500. (Code 1941, Art. 69-11; Ord. 21735)
SEC. 6-3.   ZONING LAWS TO BE COMPLIED WITH.
   No person may sell alcoholic beverages and no license or permit to sell
alcoholic beverages will be certified by the city of Dallas unless sale of
alcoholic beverages at the location at which such activity is sought to be
established and maintained is permitted under the Dallas Development Code, as
amended, this chapter, and all other applicable ordinances, rules, and
regulations of the city. Certification under this section does not make a
nonconforming use conforming. (Code 1941, Art. 69-7; Ord. 21735)
SEC. 6-4.   DEALERS LOCATED NEAR CHURCHES, SCHOOLS, DAY-CARE CENTERS, CHILD-
CARE FACILITIES, AND HOSPITALS; VARIANCES.
   (a)   No person may sell alcoholic beverages if the place of business is
within:
      (1)   300 feet of a church, public or private school, or public hospital,
except that this paragraph does not apply to the holder of:
         (A)   a license or permit who also holds a food and beverage
certificate covering a premises that is located within 300 feet of a private
school; or
         (B)   a license or permit covering a premises where minors are
prohibited from entering under Section 109.53 of the Texas Alcoholic Beverage
Code and that is located within 300 feet of a private school;
      (2)   1,000 feet of a public school if the city council by resolution
adopts a request from the board of trustees of a school district under Section
38.007 of the Texas Education Code, except that this paragraph does not apply
to the holder of:
         (A)   a retail on-premises consumption permit or license if less than
50 percent of the gross receipts for the premises is from the sale or service
of alcoholic beverages;
         (B)   a retail off-premises consumption permit or license if less than
50 percent of the gross receipts for the premises, excluding the sale of items
subject to motor fuels tax, is from the sale or service of alcoholic beverages;
or
         (C)   a wholesaler’s, distributor’s, brewer’s, distiller’s and
rectifier’s, winery, wine bottler’s, or manufacturer’s permit or license, or
any other license or permit held by a wholesaler or manufacturer as those words
are ordinarily used and understood in Chapter 102 of the Texas Alcoholic
Beverage Code;
      (3)   1,000 feet of a private school if the city council by resolution
adopts a request from the governing body of the private school, except that
this paragraph does not apply to the holder of:
         (A)   a retail on-premises consumption permit or license if less than
50 percent of the gross receipts for the premises is from the sale or service
of alcoholic beverages;
         (B)   a retail off-premises consumption permit or license if less than
50 percent of the gross receipts for the premises, excluding the sale of items
subject to motor fuels tax, is from the sale or service of alcoholic beverages;
         (C)   a wholesaler’s, distributor’s, brewer’s, distiller’s and
rectifier’s, winery, wine bottler’s, or manufacturer’s permit or license, or
any other license or permit held by a wholesaler or manufacturer as those words
are ordinarily used and understood in Chapter 102 of the Texas Alcoholic
Beverage Code;
         (D)   a license or permit issued under Chapter 27, 31, or 72 of the
Texas Alcoholic Beverage Code who is operating on the premises of a private
school; or
         (E)   a license or permit covering a premises where minors are
prohibited from entering under Section 109.53 of the Texas Alcoholic Beverage
Code and that is located within 1,000 feet of a private school; or
      (4)   300 feet of a day-care center or a child-care facility, as those
terms are defined by Section 42.002 of the Texas Human Resources Code, if the
person is the holder of a permit or license under Chapter 25, 28, 32, 69, or 74
of the Texas Alcoholic Beverage Code who does not hold a food and beverage
certificate, except that this paragraph does not apply:
         (A)   if the permit or license holder and the day-care center or
child-care facility are located:
            (i)   on different stories of a multistory building; or
            (ii)   in separate buildings and either the permit or license
holder or the day-care center or child-care facility is located on the second
story or higher of a multistory building; or
         (B)   to a foster group home, foster family home, family home, agency
group home, or agency home, as those terms are defined by Section 42.002 of the
Texas Human Resources Code.
   (b)   The measurement of the distance between the place of business where
alcoholic beverages are sold and a church or public hospital will be along the
property lines of the street fronts and from front door to front door, and in a
direct line across intersections.
   (c)   Except as otherwise provided in this subsection, the measurement of
the distance between the place of business where alcoholic beverages are sold
and a public or private school, a day-care center, or a child-care facility
will be in a direct line from the property line of the public or private
school, day-care center, or child-care facility to the property line of the
place of business, and in a direct line across intersections. If the permit or
license holder is located on or above the fifth story of a multistory building,
the measurement of the distance between the place of business where alcoholic
beverages are sold and a public or private school, a day-care center, or a
child-care facility will be in a direct line from the property line of the
public or private school, day-care center, or child-care facility to the
property line of the place of business, in a direct line across intersections,
and vertically up the building at the property line to the base of the floor on
which the permit or license holder is located. As to any dealer who held a
license or permit from the Texas Alcoholic Beverage Commission on September 1,
1983, the measurement of the distance between the place of business of the
dealer and a public or private school, day-care center, or child-care facility
will be along the property lines of the street fronts and from front door to
front door, and in a direct line across intersections.
   (d)   If at the time an original alcoholic beverage permit or license is
granted by the Texas Alcoholic Beverage Commission, the premises satisfies the
requirements regarding distance from churches, public hospitals, public or
private schools, day-care centers, or child-care facilities set forth in this
section, the premises will be deemed to satisfy the distance requirements of
this section for all subsequent renewals of the license or permit. This
subsection does not apply to the satisfaction of the distance requirement
prescribed by Subsection (a)(2) of this section for a public school if the
permit or license has been suspended for a violation, occurring after September
1, 1995, of any of the following provisions of the Texas Alcoholic Beverage
Code:
      (1)   Section 11.61(b)(1), (6), (7), (8), (9), (10), (11), (13), (14), or
(20); or
      (2)   Section 61.71(a)(5), (6), (7), (8), (11), (12), (14), (17), (18),
(22), or (24).
   (e)   On the sale or transfer of the business in which a new original
license or permit is required, the business will be deemed to satisfy the
distance requirements as if the issuance of the new original permit or license
were a renewal of a previously held permit or license. This subsection does not
apply to the satisfaction of the distance requirement prescribed by Subsection
(a)(2) of this section for a public school, except that on the death of a
permit or license holder or a person having an interest in a permit or license,
this subsection does apply to the holder’s surviving spouse or child of the
holder or person if the spouse or child qualifies as a successor in interest to
the permit or license.
   (f)   This section does not apply to:
      (1)   the area bounded by the south side of Woodall Rodgers Freeway, the
east side of Stemmons Freeway (I-35E), the north side of R.L. Thornton Freeway
(I-30), and the west side of Central Expressway (U.S. 75);
      (2)   Planned Development District No. 269 (the Deep Ellum/Near East Side
District); or
      (3)   the area bounded by Lemmon Avenue East, McKinney Avenue, Blackburn
Street, and Cole Avenue (West Village).
   (g)   Variances. Pursuant to Section 109.33(e) of the Texas Alcoholic
Beverage Code, a variance to the distance requirements prescribed by Subsection
(a) may be requested and granted in accordance with the following procedures.
      (1)   Application. An applicant for a variance shall submit the following
information to the director of the department of development services:
         (A)   The name of the owner of the property where the alcohol business
will be located.
         (B)   The name and address of the applicant for the alcohol permit.
         (C)   The type of alcohol permit for which application is being made.
         (D)   The name and address of the protected use that creates the need
for the variance. For purposes of this section, "protected use" means a church,
public or private school, public hospital, day-care center, or child-care
facility as defined in this chapter.
         (E)   A survey showing the location and distances of the business
where alcohol will be sold, the front door of the business where alcohol will
be sold, the location of the protected use, and the front door of the protected
use.
         (F)   A statement of why the variance meets the standard of
Subparagraph (5)(D).
         (G)   Any other information the director of the department of
development services deems necessary.
      (2)   Fee. A nonrefundable fee of $1,200 must be paid to the director of
development services when the application for a variance is filed.
      (3)   Notification signs.
         (A)   Signs required to be obtained from the city. An applicant is
responsible for obtaining the required number of notification signs and posting
them on the property that is the subject of the application. Notification signs
must be obtained from the director of the department of development services or
the building official. An application will not be processed until the fee of
$10 per sign has been paid.
         (B)   Number of signs required. A minimum of one notification sign is
required for every 500 feet or less of street frontage, with one additional
notification sign required for each additional 500 feet or less of street
frontage. For tracts without street frontage, a minimum of one notification
sign is required for every five acres or less, with one additional notification
sign required for each additional five acres or less. A maximum of five
notification signs are required.
         (C)   Posting of signs. The applicant shall post the required number
of notification signs on the alcoholic beverage premises, as defined in Section
11.49 of the Texas Alcoholic Beverage Code, within 14 days after an application
is filed. The signs must be legible and remain posted until a final decision is
made on the application. For tracts with street frontage, signs must be evenly
spaced over the length of every street frontage, posted at a prominent location
adjacent to a public street, and be easily visible from the street. For tracts
without street frontage, signs must be evenly posted in prominent locations
most visible to the public.
         (D)   Failure to comply. If the city council determines that the
applicant has failed to comply with the provisions of this paragraph, it shall
take no action on the application other than to postpone the public hearing for
at least four weeks or deny the applicant's request. If the hearing is
postponed, the required notification signs must be posted within 24 hours after
the public hearing is postponed and comply with all other requirements of this
paragraph.
         (E)   Illegal removal of signs. A person commits an offense if he
intentionally or knowingly removes a notification sign that has been posted
pursuant to this paragraph. It is a defense to prosecution under this paragraph
that the sign was no longer required to be posted pursuant to this paragraph at
the time of its removal.
      (4)   Hearing. The director of the department of development services
shall set a date for a public hearing before the city council within 60 days
after a complete application is filed. Not less than 10 days before the public
hearing, the director of the department of development services shall:
         (A)   publish notice of the public hearing in a newspaper of general
circulation;
         (B)   provide notice of the public hearing to all neighborhood
associations registered with the department of development services to receive
zoning notices for the area in which the alcoholic beverage premises, as
defined in Section 11.49 of the Texas Alcoholic Beverage Code, is located; and
         (C)   provide notice of the public hearing to the protected use that
creates the need for the variance.
      (5)   Standard for approval. A main motion to approve a variance must be
seconded two times, with each second made by a different city council member.
The city council may, but is not required, to allow variances to the spacing
requirements of Subsection (a) if the city council finds that:
         (A)   the application is for:
            (i)   a brewer's permit pursuant to Chapter 12 of the Texas
Alcoholic Beverage Code;
            (ii)   a distiller's and rectifier's permit pursuant to Chapter 14
of the Texas Alcoholic Beverage Code;
            (iii)   a winery permit pursuant to Chapter 16 of the Texas
Alcoholic Beverage Code;
            (iv)   a wine and beer retailer's permit pursuant to Chapter 25 of
the Texas Alcoholic Beverage Code;
            (v)   a wine and beer retailer's off-premise permit pursuant to
Chapter 26 of the Texas Alcoholic Beverage Code;
            (vi)   a mixed beverage permit pursuant to Chapter 28 of the Texas
Alcoholic Beverage Code with a food and beverage certificate;
            (vii)   a manufacturer's license pursuant to Chapter 62 of the
Texas Alcoholic Beverage Code;
         (B)   the application is for one of the following uses as defined in
the Dallas Development Code:
            (i)   general merchandise or food store with 10,000 square feet or
more of floor area;
            (ii)   restaurant without drive-in or drive-through service with a
food and beverage certificate pursuant to the Texas Alcoholic Beverage Code;
            (iii)   alcoholic beverage establishment limited to a microbrewery,
microdistillery, or winery; or
            (iv)   alcoholic beverage manufacturing;
         (C)   alcoholic beverages will not be sold by drive-in or drive-
through service; and
         (D)   enforcement of the spacing requirements in this particular
instance:
            (i)   is not in the best interest of the public;
            (ii)   constitutes waste or inefficient use of land or other
resources;
            (iii)   creates an undue hardship on an applicant for an alcohol
permit;
            (iv)   does not serve its intended purpose;
            (v)   is not effective or necessary; or
            (vi)   for any other reason that the city council, after
consideration of the health, safety, and welfare of the public and the equities
of the situation, determines is in the best interest of the community.
      (6)   Conditions. City council may impose reasonable conditions on the
granting of a variance and may require development pursuant to a site plan.
      (7)   Renewal and transfer. A variance granted pursuant to this
subsection is valid for subsequent renewals of the alcohol permit. A variance
granted pursuant to this subsection may not be transferred to another location
or to another alcohol permit holder. (Ord. Nos. 8096; 13172; 15669; 21735;
22537; 25174; 25465; 27747; 28444; 28565; 28799; 29208; 29261; 31143; 32002)
SEC. 6-5.   PUBLIC SCHOOL ACTIVITIES.
   A person commits an offense if he possesses, transports, or consumes any
alcoholic beverage, at any high school athletic contest, at any school-
sponsored dance, party or other social gathering, or on the grounds or in the
buildings of any public school. Any police officer is authorized to seize and
confiscate such alcoholic beverages. (Ord. Nos. 4175; 21735)
SEC. 6-6.   RESERVED.  
(Ord. 21735)
SEC. 6-6.1.   OPEN CONTAINERS AND CONSUMPTION OF ALCOHOLIC BEVERAGES PROHIBITED
IN CERTAIN PUBLIC PLACES.
   (a)   A person commits an offense if he consumes an alcoholic beverage
outside the Dallas central area on:
      (1)   any property owned or leased by the city; or
      (2)   a public street or any public place within 18 feet of a public
street.
   (b)   A person commits an offense if he possesses an open container of or
consumes an alcoholic beverage on a public street, public alley, or public
sidewalk within 1,000 feet of the property line of a facility that is a public
or private school, including a parochial school, that provides all or any part
of prekindergarten through twelfth grade.
   (c)   A person commits an offense if he possesses an open container of or
consumes an alcoholic beverage within the Dallas central area.
   (d)   It is a defense to prosecution under Subsection (a), (b), or (c) of
this section that the person:
      (1)   was attending a special event:
         (A)   that was authorized by the city; and
         (B)   for which a valid permit or license to sell or serve alcoholic
beverages was issued by the Texas Alcoholic Beverage Commission;
      (2)   was within the area of an establishment licensed by the Texas
Alcoholic Beverage Commission for alcohol consumption on the premises.
      (3)   is able to prove a defense to prosecution under Section
32-11.3(b) of this code;
      (4)   was in a motor vehicle;
      (5)   was inside a building not owned or controlled by the city; or
      (6)   was inside a residential structure.
   (e)   Nothing in this section is intended to prohibit or otherwise control
the manufacture, sale, distribution, transportation, or possession of alcoholic
beverages, except to the extent allowed by state law. (Ord. Nos. 15635; 15816;
15849; 16600; 19963; 21021; 21352; 21385; 21735; 21828; 25174)
SEC. 6-7.   RESERVED.
   (Repealed by Ord. 16870)
SEC. 6-8.   RESERVED.
   (Repealed by Ord. 16870)
SEC. 6-9.   STATE LAW TO CONTROL.
   The penalties provided for by this chapter are subject to the limitations of
the Texas Alcoholic Beverage Code, and if there is any conflict between the
penalties of this chapter and the state law, then to that extent the state law
controls, and the municipal court of the city will have jurisdiction of any
offense under this chapter and under the state law only where the Constitution
and the general law of this state confer such jurisdiction. (Code 1941, Art.
69-14; Ord. 21735)
SEC. 6-10.   LOCAL FEES.
   (a)   The city hereby levies, and shall collect, a fee from every person who
is issued a permit or license for a premise located within the city, as allowed
under the Texas Alcoholic Beverage Code, as amended. The amount of the fee is
the maximum permitted under state law.
   (b)   The Special Collections Division of the Dallas Water Utilities
Department shall, upon receipt of payment, issue and provide a receipt to the
permittee or licensee.
   (c)   The receipt must be displayed with the certificate of occupancy in a
conspicuous location at the permitted or licensed premise at all times. A
person commits an offense if he fails to display the receipt in accordance with
this subsection.
   (d)   A refund of the fees levied under this section may not be made for any
reason, except when:
      (1)   the permittee or licensee is prevented from continuing in business
as a result of a local option election; or
      (2)   the Texas Alcoholic Beverage Commission or its administrator
rejects a permit or license application.
   (e)   A permittee or licensee who sells an alcoholic beverage at a business
location within the city before the permittee or licensee pays the fees levied
under this section commits a class C misdemeanor punishable by a fine of not
less than $10 and not more than $200. (Ord. Nos. 30653; 31332, eff. 10/1/19)
SEC. 6-11.   SALE OF BEER PROHIBITED IN RESIDENTIAL ZONING DISTRICTS.
   The sale of beer is prohibited at a location that is within a residential
zoning district or an identifiable portion of a planned development or
conservation district restricted to residential uses, except as allowed by the
Dallas Development Code. (Ord. Nos. 15371; 21735)
SEC. 6-12.   RESERVED.  
(Ord. 21735)
SEC. 6-13.   SEIZURE OF ALCOHOLIC BEVERAGES.
   (a)   A police officer of the city who arrests or issues a citation to a
person for public intoxication, or for any other alcohol-related Class C
misdemeanor or city ordinance violation, shall seize any alcoholic beverage in
the possession of the person at the time of the arrest or citation.
   (b)   Except as provided in Subsection (c), and unless specifically provided
otherwise by another applicable city ordinance or state or federal law,
containers of alcoholic beverages seized under Subsection (a) must be disposed
of as follows:
      (1)   If the person arrested or cited is under 21 years of age, each
container, whether opened or unopened, must be discarded in accordance with the
rules and regulations promulgated by the chief of police.
      (2)   If the person arrested or cited is 21 years of age or older:
         (A)   any open container must be discarded in accordance with the
rules and regulations promulgated by the chief of police; and
         (B)   any unopened container will be:
            (i)   released, with the consent of the person taken into custody,
to a third party who is 21 years of age or older; or
            (ii)   stored by the police department pending the release of the
person in custody.
   (c)   If 24 or more unopened containers of alcoholic beverages are seized
from a person under Subsection (a), each unopened container will be stored by
the police department pending a hearing to be held by the municipal court
following the disposition of the charge for which the person was arrested or
cited. At the hearing, the municipal court may order:
      (1)   the return of the containers of alcoholic beverages to the person
from whom they were seized, if the person is 21 years of age or older;
      (2)   the destruction of the alcoholic beverages by the police department
in accordance with the rules and regulations promulgated by the chief of
police; or
      (3)   such other disposition as the municipal court deems necessary.
(Ord. Nos. 15868; 21735; 22619)
SEC. 6-14.   LATE HOURS SALES OF ALCOHOLIC BEVERAGES IN COUNTIES HAVING A
POPULATION OF LESS THAN 500,000.
   (a)   Pursuant to Sections 105.03(d) and 105.05(d) of the Texas Alcoholic
Beverage Code, as amended, late hours sales of alcoholic beverages are
authorized in any part of the city of Dallas located within a county having a
population of less than 500,000, according to the last preceding federal
census, as follows:
      (1)   A holder of a mixed beverage late hours permit may sell and offer
for sale mixed beverages between midnight and 2 a.m. on any day.
      (2)   A holder of a retail dealer’s on-premise late hours license may
sell, offer for sale, and deliver beer between midnight and 2 a.m. on any day.
   (b)   This section expires on June 25, 2005, unless sooner terminated or
extended by ordinance of the city council. (Ord. 25322)
CHAPTER 6A
AMUSEMENT CENTERS
Sec.
6A-1.   Definitions.
Sec.
6A-2.   License required.
Sec.
6A-3.   Reserved.
Sec.
6A-4.   License application.
Sec.
6A-5.   Fee.
Sec.
6A-6.   License display, replacement, and transferability.
Sec.
6A-7.   Refusal to issue or renew license.
Sec.
6A-8.   License revocation.
Sec.
6A-9.   Appeal from refusal to issue or renew license; from decision to revoke
license.
Sec.
6A-10.   Hours of operation.
Sec.
6A-11.   Responsibility of licensee.
SEC. 6A-1.   DEFINITIONS.
   In this chapter:
   (1)   AMUSEMENT CENTER means a business establishment in which at least 25
percent of the public floor area is devoted to coin-operated amusement devices
and their public use. If a billiard hall, as defined in
Chapter 9A of this code, occupies a portion of a business establishment, the
billiard hall floor area shall not be included in determining the total public
floor area of the establishment.
   (2)   COIN-OPERATED AMUSEMENT DEVICE means a machine or device operated by
electronic transfer of funds or by insertion of a coin, bill, token, card, or
similar object, for the purpose of amusement or skill. This term does not
include:
      (A)   musical devices;
      (B)   billiard tables;
      (C)   machines designed exclusively for children; or
      (D)   devices designed to train persons in athletic skills or golf,
tennis, baseball, archery, or other similar sports.
   (3)   CHIEF OF POLICE means the chief of police of the city of Dallas or his
designated agent.
   (4)   LICENSEE means a person licensed to operate an amusement center.
   (5)   OPERATOR means a person who manages or controls an amusement center.
   (6)   PERSON means an individual, assumed name entity, partnership, joint-
venture, association, or other legal entity. (Ord. Nos. 14736; 14932; 31620)
SEC. 6A-2.   LICENSE REQUIRED.
   No person may operate an amusement center in the city without first
obtaining a license from the chief of police. (Ord. 14736)
SEC. 6A-3.   RESERVED.
(Repealed by Ord. 22140)
SEC. 6A-4.   LICENSE APPLICATION.
   (a)   An applicant for a license shall file with the chief of police a
written application on a form provided for that purpose, which shall be signed
by the applicant, who shall be the owner of the amusement center. Should an
applicant maintain an amusement center at more than one location, a separate
application must be filed for each location. The following information is
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
amusement center, and if incorporated, the name registered with the Secretary
of State;
      (2)   name, address, and telephone number of the operator of the
amusement center and proof that the operator is at least 18 years of age;
      (3)   whether the applicant, operator, and, if applicable, any corporate
officer of the applicant has been convicted of a felony or within the preceding
five years of an offense involving drugs, gambling, prostitution, obscenity, or
unlawfully carrying a weapon;
      (4)   the previous occupation of the applicant, operator, and, if
applicable, all corporate officers of the applicant within the preceding five
years;
      (5)   whether a previous license of applicant, or, if applicable,
corporate officer of applicant has been revoked within two years of filing of
the application;
      (6)   number of coin-operated amusement devices in the center; and
      (7)   a statement that all the facts contained in the application are
true.
   (b)   The chief of police may require additional information of an applicant
or licensee to clarify items on the application.
   (c)   No applicant may maintain an amusement center in violation of the
comprehensive zoning ordinance of the city. (Ord. Nos. 14736; 14932)
SEC. 6A-5.   FEE.
   The annual fee for an amusement center license is $39 for each coin-operated
amusement device located in the center. Amusement center licenses expire one
year from the date of issuance. The fee for issuing a replacement license for
one lost, destroyed, or mutilated is $2. The fee is payable to the city upon
approval of the license by the chief of police. No refund of license fees will
be made. (Ord. Nos. 14736; 18411; 29477; 29645; 30653; 32003)
SEC. 6A-6.   LICENSE DISPLAY, REPLACEMENT, AND TRANSFERABILITY.
   (a)   Each license issued pursuant to this article must be posted and kept
in a conspicuous place in the amusement center and must state the number of
coin- operated amusement devices for which the license was issued.
   (b)   A replacement license may be issued for one lost, destroyed, or
mutilated, upon application on a form provided by the chief of police. A
replacement license shall have the word “REPLACEMENT” stamped across its face
and shall bear the same number as the one it replaces.
   (c)   An amusement center license is not assignable or transferable.
   (d)   A licensee shall notify the chief of police within 10 days of a change
or partial change in the ownership or management of the amusement center, or a
change of address or trade name. (Ord. 14736)
SEC. 6A-7.   REFUSAL TO ISSUE OR RENEW LICENSE.
   The chief of police shall refuse to approve issuance or renewal of an
amusement center license for one or more of the following reasons:
   (1)   a false statement as to a material matter made in an application for a
license;
   (2)   conviction of the applicant or an operator or corporate officer of the
applicant of a felony or, within the preceding five years, of an offense
involving drugs, gambling, prostitution, obscenity, or unlawfully carrying a
weapon;
   (3)   revocation of a license, pursuant to this chapter, of the applicant or
corporate officer of the applicant within two years preceding the filing of the
application; or
   (4)   violation by the applicant or the applicant’s operator of the location
requirements of Section
6A-3 of this chapter. (Ord. Nos. 14736; 14932; 20663)
SEC. 6A-8.   LICENSE REVOCATION.
   (a)   The chief of police shall revoke an amusement center license for one
or more of the following reasons:
      (1)   a false statement as to a material matter made in an application
for a license, license renewal, or a hearing concerning the license;
      (2)   conviction of the licensee or an operator or corporate officer of
the licensee of a felony or an offense involving drugs, gambling, prostitution,
obscenity, or unlawfully carrying a weapon;
      (3)   conviction twice within a one year period of the licensee or the
licensee’s operator for a violation of the hours of operation provision of this
chapter;
      (4)   employment by the licensee of an operator who is under 18 years of
age;
      (5)   operation of an amusement center containing more coin-operated
amusement devices than the center is licensed for;
      (6)   violation by the licensee or the licensee’s operator of Section
6A-11 of this chapter; or
      (7)   violation by the licensee or the licensee’s operator of the
location requirements of Section
6A-3 of this chapter.
   (b)   The chief of police shall send written notice of revocation to a
licensee by certified mail, return receipt requested, setting forth the reasons
for the revocation. (Ord. Nos. 14736; 14932; 20663)
SEC. 6A-9.   APPEAL FROM REFUSAL TO ISSUE OR RENEW LICENSE; FROM DECISION TO
REVOKE LICENSE.
   If the chief of police refuses to approve the issuance of a license or the
renewal of a license to an applicant, or revokes a license issued to a licensee
under this article, this action is final unless the applicant or licensee,
within 10 days after the receipt of written notice of the action, files with
the city manager a written appeal. 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 applicant or licensee 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. The city
council shall, within 30 days, grant a hearing to consider the action. The city
council has authority to sustain, reverse, or modify the action appealed. The
decision of the city council is final. (Ord. 14736)
SEC. 6A-10.   HOURS OF OPERATION.
   (a)   Except as provided in Subsection (b) or (c) of this section, no
licensee or his operator may operate the amusement center between the hours of
12:01 a.m. to 9 a.m., Monday through Friday, and between the hours of 2 a.m. to
9 a.m., Saturday and Sunday.
   (b)   If an amusement center is within 500 feet of a district restricted to
residential use under the Comprehensive General Zoning Ordinance of the City of
Dallas, no licensee or his operator may operate the amusement center except
between the hours of 9 a.m. to 11 p.m., Sunday through Thursday, and between
the hours of 9 a.m. to 12 midnight, Friday and Saturday.
   (c)   If an amusement center is within 500 feet of a public or private
elementary or secondary school, no licensee or his operator may operate the
amusement center between the hours of 9 a.m. to 4 p.m. during the fall or
spring term when students are required to attend school in the school district
in which the center is located.
   (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 the building used as an amusement center to the
nearest point of a district restricted to residential use or nearest entry door
of a school.
   (e)   If an amusement center’s hours are restricted only by Subsection (a)
of this section, a licensee may obtain a temporary permit to operate
continuously. The chief of police shall issue a temporary permit for no longer
than 30 days and only once a year. (Ord. Nos. 14736; 14932; 16586; 20663)
SEC. 6A-11.   RESPONSIBILITY OF LICENSEE.
   (a)   A licensee or his operator may not permit any of the following
activities within the amusement center:
      (1)   violation of any possession, sale, or delivery provision in
Subchapter 4 of the Texas Controlled Substances Act;
      (2)   violation of any provision in Article 666-17 (14) of the Texas
Liquor Control Act;
      (3)   prostitution;
      (4)   gambling; or
      (5)   entry of a person younger than 17 years between the hours of 9 a.m.
to 3 p.m. during the fall or spring term when students are required to attend
school in the school district in which the center is located.
   (b)   A licensee or his operator may not permit any of the following
activities on premises of the amusement center:
      (1)   violation of Section 42.01 of the Penal Code; or
      (2)   violation of
Chapter 7A of the Dallas City Code.
   (c)   In Subsection (b) of this section, “premises” means an area, other
than the interior of an amusement center, to which the public or a substantial
group of the public has access and which is under the control of an owner or
operator of an amusement center, such as a parking facility or private
sidewalk. (Ord. Nos. 14736; 14932)
CHAPTER 7
ANIMALS
ARTICLE I.
GENERAL.
Sec.
7-1.1.   Definitions.
ARTICLE II.
ANIMAL SERVICES; CITY ANIMAL SHELTERS.
Sec.
7-2.1.   State law; local rabies control authority designated.
Sec.
7-2.2.   Shelters established.
Sec.
7-2.3.   Policies and procedures.
Sec.
7-2.4.   Quarantine of animals.
Sec.
7-2.5.   Impoundment of animals.
Sec.
7-2.6.   Redemption of impounded animals.
Sec.
7-2.7.   Adoption of animals.
Sec.
7-2.8.   Killing or euthanasia of animals.
ARTICLE III.
CARE AND TREATMENT OF ANIMALS.
Sec.
7-3.1.   Loose animals.
Sec.
7-3.2.   Sanitary conditions; maintenance of premises.
Sec.
7-3.3.   Trapping animals.
Sec.
7-3.4.   Unlawful placement of poisonous substances.
Sec.
7-3.5.   Transporting an animal in an open bed of a motor vehicle.
ARTICLE IV.
SPECIFIC REQUIREMENTS FOR DOGS AND CATS.
Sec.
7-4.1.   Vaccination of dogs and cats.
Sec.
7-4.2.   Microchipping of dogs and cats.
Sec.
7-4.3.   Revocation and denial of registration.
Sec.
7-4.4.   Authorized registrars.
Sec.
7-4.5.   Sale of dogs and cats.
Sec.
7-4.6.   Limitation on the number of dogs and cats in dwelling units.
Sec.
7-4.7.   Tethered dogs.
Sec.
7-4.8.   Defecation of dogs on public and private property; failure to carry
materials and implements for the removal and disposal of dog excreta.
Sec.
7-4.9.   Confinement requirements for dogs kept outdoors.
Sec.
7-4.10.   Restrictions on unsterilized dogs and cats.
Sec.
7-4.11.   Breeding permit.
Sec.
7-4.12.   Duty to locate owners of loose dogs.
Sec.
7-4.13.   Confinement of dogs or cats in unattended motor vehicles.
Sec.
7-4.14.   Dog bites.
ARTICLE V.
DANGEROUS DOGS.
Sec.
7-5.1.   Definitions.
Sec.
7-5.2.   State law; animal control authority.
Sec.
7-5.3.   Determination as a dangerous dog.
Sec.
7-5.4.   Appeal of director's dangerous dog determination.
Sec.
7-5.5.   Requirements for ownership of a dangerous dog; noncompliance hearing.
Sec.
7-5.6.   Attacks by dangerous dog; hearing.
Sec.
7-5.7.   Prohibition on owning a dog determined dangerous by another
jurisdiction.
Sec.
7-5.8.   Surrender of a dangerous dog.
Sec.
7-5.9.   Dangerous dog owned or harbored by minor.
Sec.
7-5.10.   Defenses.
Sec.
7-5.11.   Dangerous dog registry.
ARTICLE V-a.
AGGRESSIVE DOGS.
Sec.
7-5.12.   Definition.
Sec.
7-5.13.    Determination as an aggressive dog.
Sec.
7-5.14.   Appeals.
Sec.
7-5.15.   Requirements for ownership of an aggressive dog; noncompliance
hearing.
Sec.
7-5.16.   Attacks by an aggressive dog.
ARTICLE VI.
PROHIBITED AND REGULATED ANIMALS.
Sec.
7-6.1.   Prohibited animals.
Sec.
7-6.2.   Regulated animals.
ARTICLE VII.
MISCELLANEOUS.
Sec.
7-7.1.   Interference with an animal services officer.
Sec.
7-7.2.   Sale of animals from public property.
Sec.
7-7.3.   Keeping of roosters.
Sec.
7-7.4.   Disturbance by animals.
Sec.
7-7.5.   Vaccination of ferrets.
Sec.
7-7.6.   Animals as prizes, promotions, and novelties.
ARTICLE VIII.
VIOLATIONS, PENALTIES, AND ENFORCEMENT.
Sec.
7-8.1.   Violations; criminal and civil penalties.
Sec.
7-8.2.   Additional enforcement provisions.
Sec.
7-8.3.   Reserved.
Sec.
7-8.4.   Dallas Animal Welfare Fund.
ARTICLE I.
GENERAL.
SEC. 7-1.1.   DEFINITIONS.
   In this chapter:
      (1)   ADOPTER means a person who adopts an animal from an animal shelter
or an animal adoption agency.
      (2)   ADOPTION AGENCY means an animal welfare organization or animal
placement group approved by the director to take impounded dogs and cats from
animal services for adoption to the public.
      (3)   ANIMAL means any nonhuman vertebrate.
      (4)   ANIMAL SERVICES means the department so designated by the director
for the purpose of animal care and control and enforcement of this chapter.
      (5)   ANIMAL SERVICES OFFICER means an employee of animal services whose
duty it is to enforce the provisions of this chapter.
      (6)   ANIMAL SHELTER means a city-owned and operated animal shelter
facility established for the impoundment, quarantine, care, adoption,
euthanasia, and other disposition of unwanted, loose, diseased, or vicious
animals.
      (7)   ANIMAL WELFARE ORGANIZATION means a non-profit organization
incorporated under state law and exempt from federal taxation under Section 501
(c)(3) of the federal Internal Revenue Code, as amended, and whose principal
purpose is the prevention of cruelty to animals and whose principal activity is
to rescue sick, injured, abused, neglected, unwanted, abandoned, orphaned,
lost, or displaced animals and to adopt them to good homes.
      (8)   AUTHORIZED REGISTRAR means a person issued written permission by
the director to register dogs and cats in compliance with this chapter.
      (8.1)   BODILY INJURY means physical pain, illness, or any impairment of
physical condition.
      (9)   CHIEF OF POLICE means the head of the police department of the city
of Dallas or a designated representative.
      (10)   COMPETITION CAT means a pedigreed cat not used for breeding that:
         (A)   is of a breed recognized by and registered with an approved cat
breed registry, such as the American Cat Fanciers Association, the Cat
Fanciers' Association, the International Cat Association, or any other cat
breed registry approved by the director; and
         (B)   competes in cat shows or other competition events sponsored by
an approved cat breed registry.
      (11)   COMPETITION DOG means a pedigreed dog not used for breeding that:
         (A)   is of a breed recognized by and registered with an approved dog
breed registry, such as the American Kennel Club, the United Kennel Club, the
American Dog Breeders Association, or any other dog breed registry approved by
the director; and
         (B)   shows or competes in a confirmation, obedience, agility,
carting, herding, protection, rally, sporting, working, or other event
sponsored by an approved dog breed registry.
      (12)   CONTACT INFORMATION means the owner's name, mailing address,
telephone number, and electronic mail address, if any.
      (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, deferred adjudication, or
deferred disposition.
      (14)   CURRENTLY VACCINATED means vaccinated against rabies by a licensed
veterinarian, with a rabies vaccine licensed by the U.S. Department of
Agriculture, and:
         (A)   not more than 12 months have elapsed since the animal's most
recent vaccination date, if the most recent vaccination was with a one-year
rabies vaccine or was the animal's initial vaccination; or
         (B)   not more than 36 months have elapsed since the animal's most
recent vaccination date, if the most recent vaccination was with a three-year
rabies vaccine and the animal is a dog or cat that has received at least two
vaccinations.
      (15)   DIRECTOR means the director of the department designated by the
city manager to perform the duties assigned in this chapter or the director's
authorized representative.
      (16)   DOMESTIC ANIMAL means:
         (A)   a dog;
         (B)   a cat;
         (C)   a ferret;
         (D)   any bird, other than one in the Falconiforms or Strigiforms
Order, that is commonly kept as a human's companion;
         (E)   any "pocket pet," such as a mouse, hamster, gerbil, guinea pig,
or rabbit, that is commonly kept as a human's companion;
         (F)   any fish, such as a goldfish or tropical fish, that is commonly
kept as a human's companion; and
         (G)   any non-venomous and non- constrictor reptile or amphibian that
is commonly kept as a human's companion.
      (17)   EUTHANASIA means to put an animal to death in a humane manner.
      (18)   FENCED YARD means an area that is completely surrounded by a
substantial fence of sufficient strength, height, construction, materials, and
design as to prevent:
         (A)   any animal confined within from escaping; or
         (B)   the head of a dog confined within from extending over, under, or
through the fence.
      (19)   FERAL CAT means any homeless, wild, or untamed cat.
      (20)   LICENSED VETERINARIAN means a person licensed to practice
veterinary medicine within the United States, or an authorized representative
under that person's direct supervision.
      (21)   LIVESTOCK means any fowl, horse, mule, burro, ass, cattle, sheep,
swine, goat, llama, emu, ostrich, or other common farm animal.
      (22)   LOOSE means an unrestrained domestic animal or livestock that is
outside the boundaries of the premises owned, leased, or legally occupied by
the animal's owner.
      (23)   MICROCHIP means a passive electronic device that is injected into
an animal by means of a pre-packaged sterilized implanting device for purposes
of identification and/or the recovery of the animal by its owner.
      (24)   ONE-YEAR RABIES VACCINE means a rabies vaccine labeled and
licensed by the U.S. Department of Agriculture as immunizing a dog, cat, or
ferret against rabies for one year.
      (25)   OWN means to have legal right of possession or to otherwise have
care, custody, possession, or control of an animal.
      (26)   OWNER means any person owning, harboring, or having care, custody,
possession, or control of an animal. An occupant of any premises on which a dog
or cat remains, or customarily returns to, is an owner for purposes of this
chapter. If a person under the age of 17 years owns an animal, the parent,
legal guardian, or head of the household is the owner for purposes of this
chapter. There may be more than one owner for an animal.
      (27)   PERMITTEE means a person issued a breeding permit under Section 7-
4.11 of this chapter.
      (28)   PERSON means an individual or group of individuals acting in
concert, a firm, partnership, association, corporation, or other legal entity.
      (29)   PET means a domestic animal to be kept as a human's companion.
      (30)   PROHIBITED ANIMAL means:
         (A)   a "dangerous wild animal" as that term is defined in Section
822.101 of the Texas Health and Safety Code, as amended;
         (B)   a margay, badger, wolf, dingo, elephant, hippopotamus,
rhinoceros, non-human primate (other than a spider monkey or capuchin),
crocodile, alligator, caiman, gavial, venomous amphibian or reptile, racer, boa
(other than a red-tail boa), water snake, python (other than a ball python),
hawk, eagle, vulture, and owl; and
         (C)   any hybrid of an animal listed in Paragraph (A) or (B) of this
subsection (other than a dog-wolf hybrid).
      (31)   PROPERLY FITTED means, with respect to a collar or harness used
for a dog, a collar or harness that:
         (A)   does not impede the dog's normal breathing or swallowing; and
         (B)   is attached to the dog in a manner that does not allow for
escape and does not cause injury to the dog.
      (32)   PROTECTIVE CUSTODY means the holding of an animal in a city animal
shelter:
         (A)   due to the arrest, eviction, hospitalization, or death of the
animal's owner;
         (B)   pursuant to a court order; or
         (C)   at the request of a law enforcement agency.
      (33)   REGULATED ANIMAL means any animal other than a prohibited animal,
livestock, or domestic animal.
      (34)   RETAIL PET STORE means a business that regularly sells animals for
pet purposes to an ultimate owner. The term includes any owner, operator,
agent, or employee of the business.
      (35)   SERVICE ANIMAL means:
         (A)   any guide dog, signal dog, or other animal individually trained
to do work or perform tasks for the benefit of an individual with a disability,
including, but not limited to, guiding individuals with impaired vision,
alerting individuals with impaired hearing to intruders or sounds, and
assisting non-ambulatory persons by pulling a wheelchair or fetching dropped
items; and
         (B)   any trained animal used by a governmental agency in police and
rescue work.
      (36)   TETHER means restraining an animal or the act of chaining, tying,
fastening, or otherwise securing an animal to a fixed point so that it can move
or range only within certain limits.
      (37)   TETHERING DEVICE means a cable, chain, cord, leash, rope, or other
means of attaching an animal to a stationary object.
      (38)   THREE-YEAR RABIES VACCINE means a rabies vaccine labeled and
licensed by the U.S. Department of Agriculture as immunizing a dog or cat
against rabies for three years. (Ord. Nos. 26024; 27250; 30483; 30687; 30901)
ARTICLE II.
ANIMAL SERVICES; CITY ANIMAL SHELTERS.
SEC. 7-2.1.   STATE LAW; LOCAL RABIES CONTROL AUTHORITY DESIGNATED.
   (a)   The provisions of Chapters 823 and 826 of the Texas Health and Safety
Code, as amended, are incorporated into this article by reference.
   (b)   The director is designated as the local rabies control authority for
purposes of Chapter 826 of the Texas Health and Safety Code, as amended, and
shall perform the duties required of a local rabies control authority under
that chapter and under rules adopted by the Texas Board of Health pursuant to
that chapter. (Ord. 26024)
SEC. 7-2.2.   SHELTERS ESTABLISHED.
   The city council shall select and establish one or more animal shelters in
the city for impoundment, quarantine, care, adoption, euthanasia, and other
humane disposition of unwanted, stray, diseased, or vicious animals. (Ord.
26024)
SEC. 7-2.3.   POLICIES AND PROCEDURES.
   The director will develop written policies and procedures for all animal
services operations, including standards for city animal shelters; the training
of animal services personnel; the care, euthanasia, and disposition of animals
in the custody of animal services; the form and maintenance of records relating
to impounded animals; and the transfer and adoption of dogs and cats. (Ord.
26024)
SEC. 7-2.4.   QUARANTINE OF ANIMALS.
   (a)   The director is authorized to quarantine an animal as provided in
Chapter 826 of the Texas Health and Safety Code, as amended, and the rules
adopted by the Texas Board of Health under that chapter.
   (b)   Any person with knowledge of a likely rabies exposure to a human must
report the incident to the director as soon as possible after the incident.
This requirement does not apply to contact with low-risk animals as defined in
25 TAC §169.22.
   (c)   An owner of an animal commits an offense if, upon notification by the
director that the animal has bitten, scratched, or likely exposed a person to
rabies, the owner fails to either:
      (1)   surrender the animal immediately to the director for quarantine at
a city animal shelter;
      (2)   immediately deliver the animal to a veterinary clinic approved by
the director for quarantine at the owner's expense; or
      (3)   quarantine the animal on the owner's property in a secure enclosure
approved by the director. (Ord. Nos. 26024; 30483)
SEC. 7-2.5.   IMPOUNDMENT OF ANIMALS.
   (a)   The director or the chief of police is authorized to seize and impound
any animal:
      (1)   in the city that is loose;
      (2)   for protective custody;
      (3)   required to be quarantined under Section
7-2.4;
      (4)   seized pursuant to a warrant or court order;
      (5)   that is a prohibited animal and kept in the city in violation of
Section
7-6.1;
      (6)   posing a threat to the public health or safety; and
      (7)   displaying signs and symptoms of extreme health concerns.
   (b)   If an animal is impounded, except pursuant to Subsection (a)(4) and
Section
7-2.6(e), the director shall make a reasonable effort to locate the animal's
owner by sending notice using contact information from the animal's vaccination
tag, microchip, or other identification. Additionally, the director shall call
all telephone numbers listed as part of the contact information.
      (1)   A notice delivered pursuant to this subsection is deemed to be
received on the earlier of the date actually received, or the third day
following the date upon which the notice was sent. On the second calendar day
following receipt of notice, the animal becomes the sole property of the city
and is subject to disposition as the director deems appropriate.
      (2)   If the director is unable to locate contact information for the
animal's owner from the animal's vaccination tag, microchip, or other
identification, the director shall hold the animal at an animal shelter for a
period of 72 hours, after which the animal becomes the sole property of the
city and subject to disposition as the director deems appropriate.
   (c)   If an animal described in Subsection (a) is on private property, the
impounding officer may enter the property for the purpose of impoundment or
issuance or a citation, or both.
   (d)   The director is the designated caretaker of a loose, impounded, or
surrendered animal immediately upon intake at the animal shelter.
   (e)   Visitation of a seized animal is prohibited.
   (f)   No animal impounded at a city animal shelter or in the custody or
control of animal services may be knowingly sold, released, or otherwise
disposed of for research purposes. (Ord. Nos. 26024; 29403; 30483; 30900)
SEC. 7-2.6.   REDEMPTION OF IMPOUNDED ANIMALS.
   (a)   To redeem an impounded animal from a city animal shelter, the owner of
the animal must provide proof of ownership and pay to the director the
following fees for services rendered before redemption:
      (1)   on all animals held at least one full day a redemption fee of:
         (A)   $25 for an animal delivered for impoundment to a city animal
shelter by a person other than a city employee in the performance of official
duties; or
         (B)   $25 for an animal delivered for impoundment to a city animal
shelter by a city employee in the performance of official duties;
      (2)   on all animals held at least one full day, $10 for each night the
animal is housed in a city shelter;
      (3)   $10 for a rabies vaccination of a dog, cat, or ferret if the owner
cannot show either:
         (A)   a current certificate of vaccination for the animal; or
         (B)   a letter from a licensed veterinarian on office stationery dated
prior to impoundment stating that the animal was not vaccinated due to health
reasons;
      (4)   $10 for a microchip implant and initial national registration of a
dog or cat unless:
         (A)   the animal was injected with a microchip implant prior to
impoundment;
         (B)   a letter from a licensed veterinarian on office stationery dated
prior to impoundment stating the animal should not be injected with a microchip
implant for health reasons; and
      (5)   $40 for sterilization of an animal, unless:
         (A)   the animal was spayed or neutered prior to impoundment;
         (B)   the animal is under six months of age;
         (C)   the owner provides a letter from a licensed veterinarian on
office stationery dated prior to impoundment certifying that the animal should
not be spayed or neutered for health reasons or is permanently non-fertile as
confirmed by a health examination within 90 days prior to impoundment.
   (b)   The redemption period for an animal impounded in a city animal
shelter, other than for quarantine or pursuant to a court order, is:
      (1)   three days after the date of impoundment, unless Paragraph (2) or
(3) of this subsection applies to the animal;
      (2)   five days after the date of impoundment if:
         (A)   the animal is wearing a legible tag or has a microchip implant
identifying its owner with contact information; or
         (B)   the director has reason to believe the animal has an owner; or
      (3)   10 days after the date of impoundment if the animal is being held
for protective custody.
   (c)   The redemption period for an animal impounded pursuant to a court
order is the time set forth in the court order or, if no provision is made in
the court order, five days after the court proceedings are final.
   (d)   Except as provided in Section
7-5.3(c), the redemption period for an animal, with an identified owner,
impounded for quarantine is the same day as completion of the quarantine
period.
   (e)   Kitten litters, puppy litters, and mothers nursing litters impounded
in the city's animal shelter cannot be redeemed and immediately become the sole
property of the city and are subject to disposition as the director deems
appropriate.
   (f)   If an animal is not redeemed within the appropriate time period
specified in Subsections (b) through (d), the animal will become the property
of the city and may be placed for adoption, euthanized, or otherwise disposed
of as recommended by the director.
   (g)   An owner of an impounded animal commits an offense if he removes or
attempts to remove the animal from a city animal shelter without first paying
all applicable fees required in Subsection (a). (Ord. Nos. 26024; 27250; 29879;
29986; 30900; 31332, eff. 10/1/19)
SEC. 7-2.7.   ADOPTION OF ANIMALS.
   (a)   To adopt a dog or cat from animal services, the adopter shall:
      (1)   complete and sign an adoption application on a form provided by the
director for that purpose;
      (2)   sign an adoption contract on a form provided by the director for
that purpose, which shall include a statement that the adopter agrees that if
the adopter fails to comply with a sterilization agreement under Subsection
(d), the animal may be seized and impounded by the director and ownership will
automatically revert to the city; and
      (3)   pay to the director a non-refundable adoption fee (which includes,
but is not limited to, the costs of any required vaccination, microchip
implant, initial national registration, and sterilization) of:
         (A)   $45 for a dog and $15 for a cat, unless Subparagraph (B) of this
paragraph applies to the adoption; or
         (B)   $21 for a dog and $3 for a cat if:
            (i)   the dog or cat is at least six years of age, as determined by
the director;
            (ii)   the ultimate owner of the dog or cat will be a person who is
65 years of age or older as of the date of adoption; or
            (iii)   the adopter adopts two or more dogs and/or cats on the same
date and as a part of the same transaction, and the adopter will be the
ultimate owner of all of the animals adopted in the transaction.
   (b)   The director may, from time to time, designate and advertise
promotional adoption periods during which the non-refundable adoption fees
payable under Subsection (a)(3)(A) will be reduced or waived.
   (c)   Each dog or cat adopted from animal services will be spayed or
neutered prior to release of the animal to the adopter, unless:
      (1)   the dog or cat is under six months of age; or
      (2)   a licensed veterinarian certifies that the dog or cat should not be
spayed or neutered for health reasons or is permanently non- fertile.
   (d)   Before an unsterilized dog or cat under the age of six months will be
released from animal services for adoption, the adopter must sign a
sterilization agreement with the director, complying with Section 828.003 of
the Texas Health and Safety Code, as amended, agreeing to:
      (1)   have the dog or cat spayed or neutered within 30 days after the
date of adoption or the date the animal attains six months of age, whichever
occurs last; and
      (2)   furnish to the director, within seven days after the date of
sterilization, confirmation complying with Section 828.005 of the Texas Health
and Safety Code, as amended, that the animal was spayed or neutered by the
completion date required in Paragraph (1) of this subsection.
   (e)   An adopter who signs a sterilization agreement under Subsection (d)
commits an offense if he fails to:
      (1)   have the adopted dog or cat spayed or neutered within the time
period required under Subsection (d)(1); or
      (2)   furnish confirmation of sterilization as required under Subsection
(d)(2).
     (f)   It is a defense to prosecution under Subsection (e) if, by the
seventh day after the sterilization completion date required in Subsection (d)
(1), the director receives from the adopter either:
      (1)   a letter complying with Section 828.006 of the Texas Health and
Safety Code, as amended, stating that the animal is dead; or
      (2)   a letter complying with Section 828.007 of the Texas Health and
Safety Code, as amended, stating that the animal is lost or stolen.
   (g)   The director may refuse to release a dog or cat for adoption under any
circumstances, including, but not limited to:
      (1)   the prospective adopter or adoption agency has previously violated
a provision of this chapter or has been convicted of an animal- related crime;
      (2)   the prospective adopter or adoption agency has inadequate or
inappropriate facilities for confining the animal and for providing proper care
to the animal as required by this chapter;
      (3)   the prospective adoption agency has failed to sign or comply with a
transfer agreement with animal services that requires the sterilization of
adopted animals or other conditions imposed by the director; or
      (4)   the director determines that the health, safety, or welfare of the
animal or of the public would be endangered.
   (h)   If an adopter of a dog or cat violates Subsection (e), the director
may seize and impound the animal, and ownership of the animal will
automatically revert to the city.
(Ord. Nos. 26024; 27250; 28335; 29403; 31332; 32556)
SEC. 7-2.8.   KILLING OR EUTHANASIA OF ANIMALS.
   (a)   The director or chief of police is authorized to kill by appropriate
and available means an animal that poses an imminent danger to a person or
another animal and a real or apparent necessity exists for destruction of the
animal.
   (b)   The director is authorized to euthanize, or to allow a licensed
veterinarian to euthanize, an animal impounded at a city animal shelter if:
      (1)   the director or a licensed veterinarian determines that euthanasia
is necessary to prevent the unnecessary pain and suffering of the animal;
      (2)   the director or a licensed veterinarian determines that recovery of
the animal from injury, disease, or sickness is in serious doubt; or
      (3)   the animal is not redeemed from a city animal shelter within the
applicable time period required under Section
7-2.6 of this chapter.
   (c)   An animal impounded at a city animal shelter may only be euthanized by
using a barbiturate or derivative substance approved for that purpose by the
Federal Food and Drug Administration and administered under the direction of a
licensed veterinarian. This section does not apply to action authorized by
Subsection (a) of this section. (Ord. 26024)
ARTICLE III.
CARE AND TREATMENT OF ANIMALS.
SEC. 7-3.1.   LOOSE ANIMALS.
   (a)   An owner commits an offense if the owner fails to restrain the animal,
at all times:
      (1)   in a fenced yard;
      (2)   in an enclosed pen;
      (3)   in a structure; or
      (4)   by a tethering device, but only if the animal is in the owner's
immediate possession and accompanied by the animal's owner, and, if the animal
is a dog, the owner complies with the requirements in Section
7-4.7 of this chapter.
   (b)   An owner commits an offense if the owner restrains a domestic animal
without providing the domestic animal access, at all times, to potable water
and shelter which protects the domestic animal from direct sunlight, standing
water, and extreme weather conditions, including conditions in which:
      (1)   the actual or effective outdoor temperature is below 32 degrees
Fahrenheit;
      (2)   a heat advisory has been issued by a local or state authority or
jurisdiction; or
      (3)   a hurricane, tropical storm, or tornado warning has been issued for
the jurisdiction by the National Weather Service.
   (c)   It is a defense to prosecution under Subsection (a) that the animal
was:
      (1)   a dog in an off-leash site established under Section
32-6.1 of this code; or
      (2)   a feral cat participating in a trap, neuter, and return program
approved by the director.
   (d)   It is a defense to prosecution under Subsection (b) that:
      (1)   the domestic animal was a dog;
      (2)   the dog was restrained by a tethering device while in the owner's
immediate possession and accompanied by the dog's owner; and
      (3)   the owner was in compliance with the requirements in Section
7-4.7 of this chapter. (Ord. Nos. 26024; 27250; 30483; 30687, eff. 2/1/18)
SEC. 7-3.2.   SANITARY CONDITIONS; MAINTENANCE OF PREMISES.
   (a)   An owner of an animal commits an offense if he fails to:
      (1)   keep any cage, pen, enclosure, or other area in which the animal is
kept in a sanitary condition; or
      (2)   remove all animal excreta from the cage, pen, enclosure, or other
area in which the animal is kept as often as necessary to maintain a healthy
environment.
   (b)   A person commits an offense if he permits any yard, ground, premises,
or structure belonging to, controlled by, or occupied by him to become
nauseating, foul, offensive, or injurious to the public health or unpleasant
and disagreeable to adjacent residents or persons due to the accumulation of
animal excreta. (Ord. 26024)
SEC. 7-3.3.   TRAPPING ANIMALS.
   (a)   A person commits an offense if he uses, places, sets, or causes to be
set in the city any steel jaw trap, spring trap with teeth or perforated edges
on the holding mechanism, or any type of trap with a holding mechanism designed
to reasonably ensure the cutting, slicing, tearing or otherwise traumatizing of
the entrapped animal.
   (b)   It is a defense to prosecution under Subsection (a) that the trap was:
      (1)   specifically designed and used to kill common rodents such as rats
and mice, and the trap was not placed in a manner or location that would
endanger other animals or humans; or
      (2)   specifically designed to kill and was used under the direction of
the city public health officer, the city environmental health officer, or an
agent of another governmental entity authorized by the director to trap in the
city. (Ord. 26024)
SEC. 7-3.4.   UNLAWFUL PLACEMENT OF POISONOUS SUBSTANCES.
   (a)   In this section, POISONOUS SUBSTANCE means any chemical or synthetic
substance or bait, including but not limited to antifreeze, that is deemed
harmful to domestic animals.
   (b)   A person commits an offense if he knowingly places a poisonous
substance so that it is accessible to a domestic animal.
   (c)   It is a defense to prosecution under Subsection (b) that the poisonous
substance was placed:
      (1)   pursuant to an animal control program under the direction of the
director, the city public health officer, or the city environmental health
officer; or
      (2)   to control common rodents such as rats and mice. (Ord. 27250)
SEC. 7-3.5.   TRANSPORTING AN ANIMAL IN AN OPEN BED OF A MOTOR VEHICLE.
   (a)   A person commits an offense if he carries or transports an animal
within the open bed of any moving pickup, flatbed, or similar vehicle.
   (b)   It is a defense to prosecution under this section that the animal was
in a carrier or other device sufficient to keep the animal from falling from
the vehicle. (Ord. 26024)
ARTICLE IV.
SPECIFIC REQUIREMENTS FOR DOGS AND CATS.
SEC. 7-4.1.   VACCINATION OF DOGS AND CATS.
   (a)   An owner of a dog or cat commits an offense if:
      (1)   the dog or cat is not currently vaccinated;
      (2)   the dog or cat is not wearing a collar or harness with a current
rabies tag securely attached to it; or
      (3)   the owner fails to show a current certificate of vaccination and
rabies tag for the dog or cat upon request by the director or a peace officer.
   (b)   It is a defense to prosecution under Subsection (a) that:
      (1)   the dog or cat is under four months of age;
      (2)   the dog or cat is unable to be vaccinated due to health reasons as
verified by a licensed veterinarian; or
      (3)   the person charged produces to the court proof of vaccination from
a licensed veterinarian showing the dog or cat was vaccinated at the time the
citation was issued or not later than 20 days after the citation was issued.
   (c)   A licensed veterinarian who vaccinates a dog or cat for rabies shall
issue to the owner of the animal a current rabies tag and a certificate of
vaccination and send a copy of the certificate of vaccination to the director
by the 10th day of the month following the month in which the dog or cat was
vaccinated. The certificate of vaccination must contain the following
information:
      (1)   name, address, and telephone number of the owner;
      (2)   animal identification, including species, sex, age, size (pounds),
predominant breed, and color;
      (3)   vaccine used (including whether it is a one-year or three-year
rabies vaccine), producer, expiration date, and serial number;
      (4)   date vaccinated and expiration date of the certificate of
vaccination;
      (5)   rabies tag number; and
      (6)   veterinarian’s signature and license number. (Ord. Nos. 26024;
30483)
SEC. 7-4.2.   MICROCHIPPING OF DOGS AND CATS.
   (a)   An owner of a dog or cat commits an offense if the dog or cat does not
have a microchip.
   (b)   It is a defense to prosecution under Subsection (a) that:
      (1)   the dog or cat was under four months of age;
      (2)   the dog or cat was being held for adoption by animal services or an
animal welfare organization;
      (3)   the owner of the dog or cat has resided in the city for fewer than
30 days;
      (4)   the dog or cat qualifies for a medical exception from a licensed
veterinarian;
      (5)   the dog or cat owner is not a resident of the city and is staying
in the city for fewer than 60 days; or
      (6)   the person charged produces to the court proof of a registered
microchip showing the dog or cat was implanted with a microchip at the time the
citation was issued or not later than 20 days after the citation was issued.
   (c)   The owner of a dog or cat shall maintain his or her current contact
information with a microchip registration company.
      (1)   If the owner's contact information changes, the owner shall update
the microchip registration company not later than 30 days after the change in
the contact information.
      (2)   If the ownership of a dog or cat changes, the new owner shall
provide the microchip registration company with his or her contact information
not later than 30 days after the change in ownership.
      (3)   It is a defense to prosecution under this subsection that the
person charged produces to the court proof that the contact information was
current and the correct owner was listed at the time the citation was issued or
the contact information was corrected and made current not later than 20 days
after the citation was issued. (Ord. Nos. 26024; 27250; 30483; 32194, eff. 11-
11-22)
SEC. 7-4.3.   REVOCATION AND DENIAL OF REGISTRATION.
   (a)   If, within any 12-month period, a person commits two or more
violations of this chapter involving a dog or cat, the director may revoke the
existing registrations on all dogs and cats owned by that person and deny all
applications for registration of any dog or cat by that person.
   (b)   If the director revokes or denies the registration of a dog or cat, a
written notice of the action and of the right to an appeal must be given to the
owner of the dog or cat by personal service or by certified mail, return
receipt requested. The owner may appeal the decision of the director to the
permit and license appeal board in accordance with Section
2-96 of this code. The filing of a request for an appeal hearing stays an
action of the director in revoking or denying registration until the permit and
license appeal board makes a final decision.
   (c)   Within 15 calendar days after receipt of a notice of revocation or
denial of registration, or after a final decision of the permit and license
appeal board if an appeal is filed, the owner shall remove and relocate all
dogs and cats from his premises or surrender and forfeit ownership of them to
the director. The director or the permit and license appeal board may extend
the 15-calendar-day removal and relocation period up to an additional 15
calendar days if it is determined that all dogs and cats of the owner cannot
reasonably be removed and relocated from the premises within the initial period
and no immediate threat to the public health exists. The owner shall
demonstrate to the director proof of removal and relocation by furnishing the
director with the address to which each dog or cat was relocated and by:
      (1)   allowing the director to inspect the premises of the owner to
determine that all dogs and cats have been removed from those premises; or
      (2)   providing the director with a written, sworn affidavit stating that
all dogs and cats have been removed from the premises.
   (d)   A person who has had the registration of a dog or cat revoked or
denied under this section may not apply for registration of any dog or cat
until 12 consecutive months have elapsed after the date of registration
revocation or denial without the person committing any violation of this
chapter involving a dog or cat.
   (e)   A person commits an offense if he:
      (1)   owns any dog or cat within the city during a period when he is
prohibited under Subsection (d) from applying for registration of a dog or cat;
or
      (2)   fails to remove all dogs and cats from his premises when required
by this section. (Ord. 26024)
SEC. 7-4.4.   AUTHORIZED REGISTRARS.
   (a)   The director may, upon receipt of an application on a form provided
for that purpose, designate a person as an authorized registrar to collect the
annual registration fee and issue a registration receipt and registration tag
for a dog or cat. The director may, at his sole discretion and without cause,
deny or revoke the designation of any person to act as an authorized registrar.
   (b)   An authorized registrar shall not register a dog or cat without proof
that the animal is currently vaccinated or proof that the dog or cat was not
vaccinated due to health reasons as verified by a licensed veterinarian.
   (c)   An authorized registrar may, as a service charge, be paid $1 for each
dog or cat registration fee collected by the authorized registrar.
   (d)   The director shall provide an authorized registrar with registration
receipts, registration tags, and monthly report forms. An authorized registrar
must at all times be able to account for all registration receipts and tags
issued to the authorized registrar by the director.
   (e)   The director shall establish rules and procedures for the collection
and payment of registration fees by authorized registrars and a format for
monthly report forms to be used by authorized registrars.
   (f)   Registration fees collected by an authorized registrar must be sent to
the director, along with a properly completed monthly report form, by the end
of the month following the month in which the registration fees were collected.
   (g)   An authorized registrar who fails to comply with any requirement of
this section or with any rule or procedure for the collection and payment of
registration fees and the delivery of monthly report forms as established by
the director pursuant to this section forfeits the right to be paid a service
charge and may be issued a citation for a violation of this section. (Ord.
26024)
SEC. 7-4.5.   SALE OF DOGS AND CATS.
   (a)   A person commits an offense if the person sells, exchanges, barters,
gives away, or transfers, or offers or advertises for sale, exchange, barter,
give away, or transfer, a dog or cat four months of age or older unless:
      (1)   the dog or cat is currently vaccinated or cannot be vaccinated due
to health reasons as verified by a licensed veterinarian; and
      (2)   the person has a current registration receipt and registration tag
for the dog or cat.
   (b)   It is a defense to prosecution under Subsection (a) if the person is:
      (1)   animal services;
      (2)   an animal welfare organization; or
      (3)   an animal adoption agency.
   (c)   Except as provided in this subsection, a retail pet store commits an
offense if the retail pet store sells, exchanges, barters, gives away, or
transfers, or offers or advertises for sale, exchange, barter, give away, or
transfer, a dog or cat, regardless of age.
      (1)   A retail pet store may provide space for the display of dogs or
cats available for adoption by an animal shelter, animal welfare organization,
or animal adoption agency, if the retail pet store does not have an ownership
interest in any of the displayed dogs or cats and the retail pet store does not
receive any fees or compensation associated with the display of the dogs or
cats.
      (2)   It is a defense to prosecution under this subsection, if the
individual only sells, gives, or otherwise transfers dogs or cats bred by that
individual. (Ord. Nos. 26024; 32194, eff. 11-11-22)
SEC. 7-4.6.   LIMITATION ON THE NUMBER OF DOGS AND CATS IN DWELLING UNITS.
   (a)   In this section, DWELLING UNIT has the meaning given it in Section
51A-2.102 of the Dallas Development Code, as amended.
   (b)   A person commits an offense if he harbors more than four dogs, cats,
or any combination of dogs and cats on the premises of a dwelling unit that
shares a common wall with another dwelling unit.
   (c)   A person commits an offense if he harbors more than:
      (1)   six dogs, cats, or any combination of dogs and cats on the premises
of a dwelling unit that shares no common wall with another dwelling unit and
that is located on not more than one-half acre of land; or
      (2)   eight dogs, cats, or any combination of dogs and cats on the
premises of a dwelling unit that shares no common wall with another dwelling
unit and that is located on more than one-half acre of land.
   (d)   In determining the number of dogs or cats harbored on the premises of
a dwelling unit under Subsections (b) and (c) of this section, the director
shall not count any dog or cat under six months of age or any feral cat
participating in a trap, neuter, and return program approved by the director.
   (e)   It is a defense to prosecution under Subsection (c) that:
      (1)   the person:
         (A)   was approved by the director as a foster care provider under a
foster care program sponsored by animal services or an animal welfare
organization;
         (B)   was not fostering more dogs, cats, or any combination of dogs
and cats on the premises than approved by the director based on the type and
size of the animals, the size of the premises, the location of the premises,
the facilities located on the premises, and other factors established by the
director; and
         (C)   had on file with the director a written document (on a form
provided by the director for that purpose) authorizing the director to conduct
unannounced inspections of the premises and all animals located on the premises
to ensure that the person was complying with all applicable provisions of this
chapter, which document must be signed and acknowledged before a notary public
by the legal owner of the dwelling unit and at least one occupant of the
dwelling unit who is 18 years of age or older; or
      (2)   the person:
         (A)    on June 25, 2008, was the owner of, and was harboring on the
premises of the dwelling unit, more than six dogs, cats, or any combination of
dogs and cats;
         (B)   before September 25, 2008, provided information to the director
(on a form provided by the director for that purpose) relating to each dog or
cat harbored on the premises of the dwelling unit;
         (C)   harbored no additional dogs or cats on the premises of the
dwelling unit on or after June 25, 2008; and
         (D)   was in compliance with all other requirements of this chapter
applicable to dogs and cats. (Ord. Nos. 26024; 27250)
SEC. 7-4.7.   TETHERED DOGS.
   An owner of a dog may only tether a dog if the dog is in the owner's
immediate possession and accompanied by the owner, as required by Section
7-3.1 of this chapter. In addition, the owner of a tethered dog shall:
      (1)   not allow the dog to be tethered in any manner or by any method
that allows the dog to become entangled or injured;
      (2)   use a properly fitted harness or collar that is specifically
designed for the dog; and
      (3)   attach the tethering device to the dog's harness or collar and not
directly to the dog's neck. (Ord. Nos. 26024; 27250; 30687, eff. 2/1/18)
SEC. 7-4.8.   DEFECATION OF DOGS ON PUBLIC AND PRIVATE PROPERTY; FAILURE TO
CARRY MATERIALS AND IMPLEMENTS FOR THE REMOVAL AND DISPOSAL OF DOG EXCRETA.
   (a)   An owner of a dog commits an offense if he knowingly permits, or by
insufficient control allows, the dog to defecate in the city on private
property or on property located in a public place.
   (b)   An owner of a dog commits an offense if he:
      (1)   knowingly permits the dog to enter or be present on private
property or on property located in a public place; and
      (2)   fails to have in his possession materials or implements that,
either alone or in combination with each other, can be used to immediately and
in a sanitary and lawful manner both remove and dispose of any excreta the dog
may deposit on the property.
   (c)   It is a defense to prosecution under Subsection (a) that the owner of
the dog immediately and in a sanitary and lawful manner removed and disposed
of, or caused the removal and disposal of, all excreta deposited on the
property by the dog.
   (d)   It is a defense to prosecution under Subsection (a) or (b) that:
      (1)   the property was owned, leased, or controlled by the owner of the
dog;
      (2)   the owner or person in control of the property had given prior
consent for the dog to defecate on the property; or
      (3)   the dog was a service dog being used in official law enforcement
activities.
   (e)   This section does not apply to a service dog that is specially trained
to assist a person with a disability and that was in the custody or control of
that disabled person at the time it defecated or was otherwise present on
private property or on property located in a public place. (Ord. 26024)
SEC. 7-4.9.   CONFINEMENT REQUIREMENTS FOR DOGS KEPT OUTDOORS.
   (a)   An owner of a dog commits an offense if the fenced yard, or other
outdoor pen or structure, used as the primary living area for the dog or used
as an area for the dog to regularly eat, sleep, drink, and eliminate is not:
      (1)   at least 150 square feet for each dog six months of age or older;
      (2)   designed, constructed, and composed of material sufficient to
prevent the dog’s escape; and
      (3)   designed in a manner that provides the dog access to the inside of
a doghouse, building, or shelter that meets all requirements of Subsection (b)
of this section.
   (b)   A doghouse or other building or shelter for a dog must:
      (1)   have a weatherproof top, bottom, and sides;
      (2)   have an opening on no more than one side that allows the dog to
remain dry and provides adequate shade during daylight hours to prevent
overheating or discomfort to the dog;
      (3)   have a floor that is level and dry;
      (4)   be free from cracks, depressions, and rough areas that might be
conducive to insects, parasites, and other pests;
      (5)   be of adequate size to allow the dog to stand erect with the dog’s
head up, to turn around easily, and to sit and lie down in a comfortable and
normal position;
      (6)   have sufficient clean and dry bedding material or other means of
protection from the weather that will allow the dog to retain body heat when
the weather is colder than what a dog of that breed and condition can
comfortably tolerate;
      (7)   provide a suitable means for the prompt elimination of excess
liquid;
      (8)   be structurally sound, maintained in good repair, and constructed
with material that protects the dog from injury; and
      (9)   allow the dog easy access in and out. (Ord. 27250)
SEC. 7-4.10.   RESTRICTIONS ON UNSTERILIZED DOGS AND CATS.
   (a)   An owner of a dog or cat commits an offense if the animal is not
spayed or neutered.
   (b)   It is a defense to prosecution under Subsection (a) that:
      (1)   the animal is under six months of age;
      (2)   a licensed veterinarian annually certifies that the dog or cat
should not be spayed or neutered for health reasons or is permanently non-
fertile;
      (3)   the animal is being held for adoption by animal services or an
animal welfare organization;
      (4)   the animal is certified annually as a competition cat or
competition dog;
      (5)   the person charged produces to the court proof of sterilization
from a licensed veterinarian showing the dog or cat was sterilized at the time
the citation was issued or not later than 20 days after the citation was
issued; or
      (6)   the owner holds a valid breeding permit issued under Section
7-4.11 of this chapter for the animal. (Ord. Nos. 27250; 30483; 32194, eff. 11-
11-22)
SEC. 7-4.11.   BREEDING PERMIT.
   (a)   A person commits an offense if he breeds or allows the breeding of a
dog or cat without a valid breeding permit for the dog or cat. A separate
permit is required for each dog or cat that the person keeps unsterilized for
breeding purposes.
   (b)   A breeding permit may only be issued for a dog or cat:
      (1)   that is currently in compliance with the vaccination requirements
of Section
7-4.1 of this chapter;
      (2)   that is currently in compliance with the microchipping requirements
of Section
7-4.2 of this chapter;
      (3)   that, not more than 90 days before the date of the breeding permit
application, has been approved to breed by a licensed veterinarian; and
      (4)   whose owner:
         (A)   is a member of a purebred dog or cat club, approved by the
director, that maintains and enforces a code of ethics for breeding that
includes restrictions on breeding dogs and cats with genetic defects and life
threatening health problems common to the breed; or
         (B)   holds a license as required by Texas Occupation Code, §802.101
for each facility owned or operated in the state.
   (c)   To obtain a breeding permit, a person must submit an application to
the director (on a form provided by the director for that purpose) and pay an
annual breeding fee of $51. The breeding permit application must include:
      (1)   the name, address, and telephone number of the applicant;
      (2)   the location where the dog or cat is harbored;
      (3)   a description of the dog or cat, including but not limited to, a
photograph of the animal;
      (4)   proof that the animal is qualified for a breeding permit under
Subsection (b) of this section; and
      (5)   any other information determined necessary by the director for the
enforcement and administration of this section.
   (d)   A breeding permit expires one year after the date of issuance and may
be renewed by applying in accordance with Subsection (c) of this section. If
the director does not receive an application for a permit renewal within 45
days after the expiration of the permit, a $10 late fee will be added to the
permit fee.
   (e)   A breeding permit is not transferable.
   (f)   A permittee commits an offense if he allows a permitted female dog or
cat to have more than one litter during the permit term.
   (g)   It is a defense to prosecution under Subsection (f) that the
permittee:
      (1)   received written authorization from the director under Subsection
(h) of this section to allow the female dog or cat to have two litters during
the permit term; and
      (2)   did not allow the female dog or cat to have more than the number of
litters authorized by the director for the permit term.
   (h)   Upon request of a permittee, the director may, in writing, authorize
the permittee to allow a permitted female dog or cat to have two litters during
the permit term if the permittee establishes, according to regulations adopted
by the director, that:
      (1)   having two litters during the permit term is required to:
         (A)   protect the health of the female dog or cat; or
         (B)   avert a substantial economic loss to the permittee; or
      (2)   previously in the permit term, the female dog's or cat's litter was
euthanized or did not survive for other reasons.
   (i)   A permittee commits an offense if the permittee:
      (1)   allows the offspring of a female dog or cat for which he holds a
breeding permit to be sold, adopted, or otherwise transferred, regardless of
compensation, before the offspring have reached at least eight weeks of age and
have been vaccinated against common diseases;
      (2)   fails to keep a permitted dog or cat restrained pursuant to Section
7-3.1 of this chapter;
      (3)   fails to prominently display the breeding permit number on any
advertisement by the permittee for the sale, adoption, or other transfer of any
dog or cat, regardless of compensation; or
      (4)   sells, adopts, or otherwise transfers any dog or cat, regardless of
compensation and fails to:
         (A)   include a statement signed by the permittee attesting to
knowledge of the animal's health and immunization history;
         (B)   prominently display the breeding permit number on any sales
receipt or transfer document;
         (C)   provide the breeding permit number to any person who purchases,
adopts, or receives any dog or cat from the permittee;
         (D)   provide written information regarding the vaccination,
microchipping, and sterilization requirements of this chapter applicable to the
dog or cat; or
         (E)   provide to the director (on a form provided by the director for
that purpose) the name, address, and telephone number of the dog's or cat's new
owner within five days after the date of the sale, adoption, or other transfer
of the animal.
   (j)   The director shall deny or revoke a breeding permit if the director
determines that the applicant or permittee:
      (1)   failed to comply with any provision of this chapter; or
      (2)   intentionally made a false statement as to a material matter on the
breeding permit application.
   (k)   If the director denies or revokes a breeding permit, the director
shall notify the applicant or permittee in writing of the action and a
statement of the right to an appeal. The applicant or permittee may appeal the
decision of the director to the permit and license appeal board in accordance
with Section
2-96 of this code. The filing of an appeal stays an action of the director in
revoking the permit until the permit and license appeal board makes a final
decision. (Ord. Nos. 27250; 29879; 30483; 31332; 32556)
SEC. 7-4.12.   DUTY TO LOCATE OWNERS OF LOOSE DOGS.
   A person commits an offense if he takes possession of a loose dog in the
city and knowingly fails to make, within 72 hours after taking possession, a
reasonable effort to locate the dog's owner by:
      (1)   calling the telephone number listed on the dog's tags;
      (2)   taking the dog to a licensed veterinarian for a microchip, tattoo,
or other identification screening and calling the owner identified through the
screening;
      (3)   calling 311 to request that animal services pick up the dog for
identification screening and impoundment; or
      (4)   delivering the dog to the city's animal shelter for identification
screening and impoundment. (Ord. Nos. 27888; 30483)
SEC. 7-4.13.   CONFINEMENT OF DOGS OR CATS IN UNATTENDED MOTOR VEHICLES.
   (a)   A person commits an offense if he or she knowingly confines a dog or
cat in an unattended motor vehicle for more than five minutes under conditions
that, in the opinion of a trained peace officer, animal services officer, or
licensed veterinarian, endanger the health of the dog or cat due to extreme
temperatures, lack of adequate ventilation, or other circumstances that could
reasonably be expected to cause the suffering, disability, or death of the dog
or cat and as demonstrated by, but not limited to, the dog or cat's excessive
drooling or panting, lethargic behavior, collapse, vomiting, or convulsions.
   (b)   A peace officer, animal services officer, or licensed veterinarian
may, after reasonably attempting to locate the dog or cat's owner, remove the
dog or cat from the motor vehicle using any reasonable means, including
breaking a window or lock. If professional services are required to remove the
cat or dog from the vehicle, the owner is responsible for the cost of
professional services. A peace officer, animal services officer, or licensed
veterinarian who removes a dog or cat from a motor vehicle in accordance with
this section is not liable for any resulting property damage.
   (c)   This section does not create a cause of action for damages or
enforcement of this section. (Ord. 30483)
SEC. 7-4.14.   DOG BITES.
   (a)   A person commits an offense if the person is the owner or keeper of a
dog and the person fails to secure the dog and the dog makes an unprovoked bite
that causes bodily injury to another person, legally restrained domestic
animal, or livestock, that occurs at a location other than the owner's or
keeper's real property or in or on the owner's or keeper's motor vehicle or
boat.
   (b)   An offense under this section is a Class C misdemeanor.
   (c)   It is a defense to prosecution under this section that the person:
      (1)   is a veterinarian, a veterinary clinic employee, a peace officer, a
person employed by the city, or a subdivision of the city, to deal with stray
animals and has temporary ownership, custody, or control of the dog in
connection to that position; or
      (2)   is an employee of a law enforcement agency and trains dogs or uses
dogs for law enforcement or corrections purposes and is training or using the
dog in connection with the person's official capacity. (Ord. 30901)
ARTICLE V.
DANGEROUS DOGS.
SEC. 7-5.1.   DEFINITIONS.
   (a)   Except where a term is otherwise defined in Subsection (b) of this
section, the definitions contained in Subchapter D, Chapter 822 of the Texas
Health and Safety Code, as amended, are incorporated into this article by
reference.
   (b)   In this article:
      (1)   BODILY INJURY means physical pain, illness, or any impairment of
physical condition.
      (2)   DANGEROUS DOG means a dog that:
         (A)   makes an unprovoked attack on a person that causes bodily injury
and occurs in a place other than an enclosure in which the dog was being kept
and that was reasonably certain to prevent the dog from leaving the enclosure
on its own; or
         (B)   commits unprovoked acts in a place other than an enclosure in
which the dog was being kept and that was reasonably certain to prevent the dog
from leaving the enclosure on its own, and those acts cause a person to
reasonably believe that the dog will attack and cause bodily injury to that
person.
      (3)   SERIOUS BODILY INJURY means an injury characterized by severe bite
wounds or severe ripping and tearing of muscle that would cause a reasonably
prudent person to seek treatment from a medical professional and would require
hospitalization without regard to whether the person actually sought medical
treatment.
      (4)   UNPROVOKED means an action by a dog that is not:
         (A)   in response to being tormented, abused, or assaulted by any
person;
         (B)   in response to pain or injury;
         (C)   in protection of itself or its food, kennel, immediate
territory, or nursing offspring; or
         (D)   in response to an assault or attempted assault on a person.
(Ord. Nos. 26024; 27250)
SEC. 7-5.2.   STATE LAW; ANIMAL CONTROL AUTHORITY.
   (a)   The provisions of Subchapter D, Chapter 822 of the Texas Health and
Safety Code, as amended, are incorporated into this article, and a violation of
any provision of Subchapter D, Chapter 822 of the Texas Health and Safety Code,
as amended, is an offense under this article.
   (b)   The director shall serve as the animal control authority for the city
for purposes of administering and enforcing this article and Subchapter D,
Chapter 822 of the Texas Health and Safety Code, as amended.
   (c)   Seizure, impoundment, and humane destruction of a dog that has caused
death or serious bodily injury to a person is governed by Subchapter A, Chapter
822 of the Texas Health and Safety Code, as amended. (Ord. Nos. 26024; 27250)
SEC. 7-5.3.   DETERMINATION AS A DANGEROUS DOG.
   In addition to the provisions of Section 822.0421 of the Texas Health and
Safety Code, as amended:
   (a)   At the conclusion of the investigation authorized by Section 822.0421
of the Texas Health and Safety Code, as amended, the director shall:
      (1)   determine that the dog is not dangerous and, if the dog is
impounded, may waive any impoundment fees incurred and release the dog to its
owner; or
      (2)   determine that the dog is dangerous and order the owner to comply
with the requirements for ownership of a dangerous dog set forth in Section
7-5.5 of this article and in Subchapter D, Chapter 822 of the Texas Health and
Safety Code, as amended, and, if the dog is impounded, release the dog to its
owner after compliance with all applicable requirements of Subsection (c) of
this section.
   (b)   If a dog is determined to be dangerous, the director shall notify the
dog owner, either in person or by certified mail, return receipt requested:
      (1)   that the dog has been determined to be a dangerous dog;
      (2)   what the owner must do to comply with requirements for ownership of
a dangerous dog and to reclaim the dog, if impounded; and
      (3)   that the owner has the right to appeal the determination of
dangerousness.
   (c)   An impounded dog determined by the director to be dangerous must
remain impounded, or confined at a location approved by the director, and may
not be released to the owner until the owner pays all fees incurred for
impoundment of the dog and complies with all requirements for ownership of a
dangerous dog set forth in this article and Subchapter D, Chapter 822 of the
Texas Health and Safety Code, as amended.
   (d)   If the owner of an impounded dog has not complied with Subsection (c)
within 15 days after a final determination is made that an impounded dog is
dangerous, the dog will become the sole property of the city and is subject to
disposition as the director deems appropriate. (Ord. Nos. 26024; 27250; 29403;
30901)
SEC. 7-5.4.   APPEAL OF DIRECTOR'S DANGEROUS DOG DETERMINATION.
   (a)   If, under Section
7-5.3 of this article, the director determines that a dog is dangerous, that
decision is final unless the dog owner files a written appeal with the
municipal, justice, or county court within 15 days after receiving notice that
the dog has been determined to be dangerous. The appeal is a de novo hearing
and is a civil proceeding for the purpose of affirming or reversing the
director's determination of dangerousness. If the municipal court affirms the
director's determination of dangerousness, the court shall order that the dog
owner comply with the ownership requirements set forth in Section
7-5.5 of this article.
   (b)   The dog owner filing an appeal of a municipal court's affirmation of
the director's determination shall also file an appeal bond in an amount
determined as the estimated costs to board and impound the dog during the
appeal process. The bond must be filed with the court if the dog is impounded
in the city's animal shelter or another director-approved facility. The bond
must be used to cover the cost of daily care of the dog. Should the judge or
jury determine the dog is not dangerous, the appeal bond
may be returned if the amount has not been assessed as costs of daily care.
   (c)   In addition to the appeal bond, the dog owner is responsible for any
costs beyond feeding, including but not limited to: veterinary care,
immunizations, medications, and care for other animals or employees injured by
the animal. (Ord. Nos. 26024; 27250; 29403; 30483; 30901)
SEC. 7-5.5.   REQUIREMENTS FOR OWNERSHIP OF A DANGEROUS DOG; NONCOMPLIANCE
HEARING.
      (1)   have an unsterilized dangerous dog spayed or neutered;
      (2)   register the dangerous dog with the director and pay to the
director a dangerous dog registration fee of $252;
      (3)   restrain the dangerous dog at all times on a leash in the immediate
control of a person or in a secure enclosure;
      (4)   when taken outside the enclosure, securely muzzle the dangerous dog
in a manner that will not cause injury to the dog nor interfere with its vision
or respiration. The muzzle must prevent the dangerous dog from biting any
person or animal;
      (5)   obtain liability insurance coverage or show financial
responsibility in the amount of at least $100,000 to cover damages resulting
from an attack by the dangerous dog causing bodily injury to a person and
provide proof of the required liability insurance coverage or financial
responsibility to the director;
      (6)   place and maintain on the dangerous dog a collar or harness with a
current dangerous dog registration tag securely attached to it;
      (7)   have the dangerous dog injected with a microchip implant and
registered with a national registry for dogs; and
      (8)   post a legible sign at the entrance to the enclosure in which the
dangerous dog is confined stating "BEWARE DANGEROUS DOG." The aforementioned
sign must be purchased from Dallas Animal Services.
   (b)   The owner of a dangerous dog shall renew registration of the dangerous
dog with the director annually and pay an annual dangerous dog registration fee
to the director of $50.
   (c)   The owner of a dangerous dog who does not comply with Subsection (a)
shall deliver the dog to the director not later than the 15th day after
learning that the animal is dangerous.
   (d)   Upon receipt of a sworn, written complaint by any person that the
owner of a previously determined dangerous dog has failed to comply with
Subsection (a) of this section, the municipal court shall conduct a hearing to
determine whether the owner is in compliance with Subsection (a). The hearing
must be conducted within 30 days after receipt of the complaint, but, if the
dog is already impounded, not later than 10 days after the date on which the
dog was seized or delivered. The municipal court shall provide by mail, written
notice of the date, time, and location of the hearing to the dog owner and to
the complainant. Any interested party may present evidence at the hearing.
   (e)   At the conclusion of the hearing, the municipal court shall:
      (1)   find that the owner of a dangerous dog is in compliance with
Subsection (a) of this section and, if the dog is impounded, order the director
to waive any impoundment fees incurred and release the dog to its owner; or
      (2)   find that the owner of a dangerous dog is not in compliance with
Subsection (a) of this section and order the director to seize and impound the
dog (if the dog is not already impounded) and to:
         (A)   humanely destroy the dog if the director determines that the
owner has not complied with Subsection (a) of this section by the 11th day
after the date the municipal court issues an order under this subsection or the
dog is seized and impounded, whichever occurs later, or release the dog to the
owner if the director determines that the owner has complied with Subsection
(a) before the 11th day;
         (B)   humanely destroy the dog if:
            (i)   the director determines that the owner has not complied with
Subsection (a) of this section by the 11th day after the date the municipal
court issues an order under this subsection or the dog is seized and impounded,
whichever occurs later;
            (ii)   the owner of the dog cannot be located before the 11th day
after the date the municipal court issues an order under this subsection or the
dog is seized and impounded, whichever occurs later; or
            (iii)   the dog was previously determined dangerous was at large.
   (f)   Prior to transferring ownership, either inside or outside the city
limits, the owner shall notify the director in writing of his intention. In
addition to written notification if ownership of the dangerous dog is being
transferred to a person who resides within the city limits, the new owner must
provide proof to the director of complying with Subsection (a) before the
dangerous dog can be moved from the previous owner's custody. A person commits
an offense if he transfers ownership without complying with the requirements of
this subsection.
   (g)   The owner of the dangerous dog is responsible for all costs of
seizure, acceptance, and impoundment, and all costs must be paid before the dog
will be released to the owner. (Ord. Nos. 26024; 27250; 30901; 31332; 32556)
SEC. 7-5.6.   ATTACKS BY DANGEROUS DOG; HEARING.
   (a)   If a previously determined dangerous dog commits an act described in
Section
7-5.1(b)(2)(A) or (B) of this article, the director may seize and impound the
dangerous dog at the owner’s expense pending a hearing before the municipal
court in accordance with this section.
   (b)   Upon receipt of a sworn, written complaint by any person of an
incident described in Section
7-5.1(b)(2)(A) or (B) of this article, the owner of a dangerous dog, in
accordance with Section 822.0422 of Subchapter D, Chapter 822 of the Texas
Health and Safety Code, as amended, shall deliver the dog to the director not
later than the fifth day after the date on which the owner receives notice that
a complaint has been filed. Additionally, the municipal court shall conduct a
hearing to determine whether a dangerous dog committed an act described in
Section
7-5.1(b)(2)(A) or (B) of this article. The hearing must be conducted within 30
days after receipt of the complaint, but, if the dog is already impounded, not
later than 10 days after the date on which the dog was seized or delivered. The
municipal court shall provide, either in person or by mail, written notice of
the date, time, and location of the hearing to the dog owner and the
complainant. Any interested person may present evidence at the hearing.
   (c)   At the conclusion of the hearing, the municipal court shall:
      (1)   find that the dangerous dog did not commit an act described in
Section
7-5.1(b)(2)(A) or (B) of this article, and, if the dog is impounded, order the
director to waive any impoundment fees incurred and release the dog to its
owner;
      (2)   find that the dangerous dog did commit an act described in Section
7-5.1(b)(2)(A) or (B) of this article, and order the director to seize and
impound the dog (if the dog is not already impounded) and to:
         (A)   humanely destroy the dog;
         (B)   humanely destroy the dog if the director determines that the
owner has not complied with Section
7-5.5(a) within a period of time designated by the court, or release the dog to
the owner if the director determines that the owner has complied with Section
7-5.5(a) within the designated period of time;
         (C)   or humanely destroy the dog if the owner of the dog has not been
located before the 11th day after the municipal court issues an order under
this subsection or the dog is seized and impounded, whichever occurs later.
(Ord. Nos. 27250; 30901)
SEC. 7-5.7.   PROHIBITION ON OWNING A DOG DETERMINED DANGEROUS BY ANOTHER
JURISDICTION.
   (a)   A person commits an offense if he owns a dog in the city that has been
determined to be a dangerous dog by any other jurisdiction.
   (b)   It is a defense to prosecution under Subsection (a) that the person
owned the dog in the city on June 25, 2008. (Ord. 27250)
SEC. 7-5.8.   SURRENDER OF A DANGEROUS DOG.
   A person who owns a dog that has been ordered to be seized or impounded
under this article commits an offense if the person does not surrender the dog
to the director within the time period ordered by the director or the municipal
court, whichever applies. (Ord. 27250)
SEC. 7-5.9.   DANGEROUS DOG OWNED OR HARBORED BY MINOR.
   If the owner of a dangerous dog is a minor, the parent or guardian of the
minor is liable for all injuries sustained by any person or another animal in
an unprovoked attack by the dog. (Ord. Nos. 26024; 27250)
SEC. 7-5.10.   DEFENSES.
   Any defense to prosecution under Subchapter D, Chapter 822 of the Texas
Health and Safety Code, as amended, is a defense to prosecution for a violation
under this article. (Ord. Nos. 26024; 27250)
SEC. 7-5.11.   DANGEROUS DOG REGISTRY.
   The director shall publish a list including identifying information on all
dogs determined dangerous in the city. The list must include the dangerous
dog's address, description, pictures, microchip number, the owner's name, and
any other pertinent information. This list must be publicly available at the
Dallas Animal Services Facility and on the animal services website. (Ord.
30901)
ARTICLE V-a.
AGGRESSIVE DOGS.
SEC. 7-5.12.   DEFINITION.
   In this article, AGGRESSIVE DOG means a dog that on at least one occasion,
while not legally restrained, killed or injured a legally restrained domestic
animal or livestock. (Ord. 30901)
SEC. 7-5.13.    DETERMINATION AS AN AGGRESSIVE DOG.
   (a)   Upon notification of an incident described in Section 7-5.12 of this
article, the director shall investigate to determine if a dog is aggressive.
The determination must be based upon an investigation that includes observation
and testimony about the dog's actions at the date of the incident, including
the owner's or keeper's control of the dog, and any other relevant evidence
determined by the director. Observations and testimony can be provided by the
animal services officer or by other witnesses who personally observed the dog's
actions on the date of the incident. Animal service officers or other witnesses
shall sign an affidavit attesting to the observed actions on the date of the
incident or other evidence collected and detailed in a report by an animal
services officer and agree to provide testimony regarding the dog's actions on
the date of the incident if necessary.
   (b)   Notwithstanding Subsection (a), the director shall have discretionary
authority to refrain from determining a dog is an aggressive dog, even if the
dog engaged in acts specified in Section 7-5.12.
   (c)   The director may seize and impound the dog at the owner's expense
pending the investigation and determination of whether the dog is an aggressive
dog. The director shall impound the dog, if the director cannot, with due
diligence locate the owner of the dog that has been seized under this
subsection. If the owner of the dog has not been located before the 15th day
after seizure and impoundment, the dog will become the sole property of the
city and is subject to disposition as the director deems appropriate.
   (d)   At the conclusion of the investigation required by this section, the
director shall:
      (1)   determine that the dog is not aggressive and, if the dog is
impounded, may waive any impoundment fees incurred and release the dog to its
owner;
      (2)   determine that the dog is aggressive and order the owner to comply
with the requirements for ownership of an aggressive dog set forth in Section
7-5.15 of this article and, if the dog is impounded, release the dog to its
owner after compliance with all applicable requirements of Subsection (e) of
this section.
      (3)   If a dog is determined to be an aggressive dog, the director shall
notify the dog owner in person or by certified mail, return receipt requested:
         (i)   that the dog has been determined to be an aggressive dog;
         (ii)   what the owner must do to comply with requirements for
ownership of an aggressive dog and to reclaim the dog, if impounded; and
         (iii)   that the owner has the right to appeal the determination of
aggressiveness.
   (e)   An impounded dog determined by the director to be aggressive must
remain impounded, or confined at a location approved by the director, and may
not be released to the owner until the owner pays all fees incurred for
impoundment of the dog and complies with all requirements for ownership of an
aggressive dog set forth in this article.
   (f)   If the owner of an impounded dog has not complied with Subsection (e)
within 15 days after a final determination is made that an impounded dog is
aggressive, the dog will become the sole property of the city and is subject to
disposition as the director deems appropriate. (Ord. 30901)
SEC. 7-5.14.   APPEALS.
   If, under Section
7-5.13 of this article, the director determines that a dog is aggressive, that
decision is final unless the dog owner files a written appeal with the
municipal court within 10 days after receiving notice that the dog has been
determined to be aggressive. The appeal is a de novo hearing and is a civil
proceeding for the purpose of affirming or reversing the director's
determination of aggressiveness. If the municipal court affirms the director's
determination of aggressiveness, the court shall order that the dog owner
comply with the ownership requirements set forth in Section
7-5.15 of this article. If the municipal court reverses the director's
determination of aggressiveness and, if the dog is impounded, the court may
waive any impoundment fees incurred and release the dog to its owner. (Ord.
30901)
SEC. 7-5.15.   REQUIREMENTS FOR OWNERSHIP OF AN AGGRESSIVE DOG; NONCOMPLIANCE
HEARING.
   (a)   A person shall, not later than the 15th day after learning that he is
the owner of an aggressive dog:
      (1)   have an unsterilized aggressive dog spayed or neutered;
      (2)   register the aggressive dog with the director and pay to the
director an aggressive dog fee of $201;
      (3)   restrain the aggressive dog at all times on a leash in the
immediate control of a person or in a secure enclosure;
      (4)   when taken outside the secure enclosure, securely muzzle the dog in
a manner that will not cause injury to the dog nor interfere with its vision or
respiration. The muzzle must prevent the aggressive dog from biting any person
or animal;
      (5)   obtain liability insurance coverage or show financial
responsibility in an amount of at least $100,000 to cover damages resulting
from an attack by the aggressive dog causing bodily injury to a person or
another animal and provide proof of the required liability insurance coverage
or financial responsibility to the director;
      (6)   place and maintain on the aggressive dog a collar or harness with a
current aggressive dog registration tag securely attached to it;
      (7)   have the aggressive dog injected with a microchip implant and
registered with a national registry for dogs;
      (8)   post a legible sign at each entrance to the enclosure in which the
aggressive dog is confined stating "BEWARE AGGRESSIVE DOG." The aforementioned
sign must be purchased from Dallas Animal Services.
   (b)   The owner of the aggressive dog shall renew the registration of the
aggressive dog with the director annually and pay an annual aggressive dog
registration fee of $50.
   (c)   The owner of an aggressive dog who does not comply with Subsection (a)
shall deliver the dog to the director not later than the 30th day after
learning that the animal is aggressive. (Ord. Nos. 30901; 31332; 32556)
SEC. 7-5.16.   ATTACKS BY AN AGGRESSIVE DOG.
   (a)   If a previously determined aggressive dog commits an act described in
Section
7-5.12 of this article, the director may seize and impound the aggressive dog
at the owner's expense pending a hearing before the municipal court in
accordance with this section.
   (b)   Upon receipt of a sworn, written complaint by any person, including
the director, of an incident described in Section
7-5.12 of this article, the municipal court shall conduct a hearing to
determine whether an aggressive dog committed an act described in Section
7-5.12 of this article. The hearing must be conducted within 30 days after
receipt of the complaint, but if the dog is already impounded, not later than
10 days after the date on which the dog was seized or delivered. The municipal
court shall provide, by mail, written notice of the date, time, and location of
the hearing to the owner of the aggressive dog and the complainant. Any
interested party may present evidence at the hearing.
   (c)   At the conclusion of the investigation, the director shall:
      (1)   find that the aggressive dog did not commit an act described in
Section
7-5.12 of this article, and, if the dog is impounded, order the director to
waive any impoundment fees incurred and release the dog to its owner;
      (2)   find that the aggressive dog did commit an act described in Section
7-5.12 of this article, and order the director to seize and impound the dog, if
the dog is not already impounded, and the aggressive dog will become the sole
property of the city and is subject to disposition as the director deems
appropriate.
   (d)   The owner of an aggressive dog is responsible for all costs of
seizure, acceptance, and impoundment, and all costs must be paid before the dog
will be released to the owner. (Ord. 30901)
ARTICLE VI.
PROHIBITED AND REGULATED ANIMALS.
SEC. 7-6.1.   PROHIBITED ANIMALS.
   (a)   A person commits an offense if he:
      (1)   owns a prohibited animal for any purpose in the city; or
      (2)   sells, exchanges, gives away, or transfers a prohibited animal to
any person in the city for use, retention, resale, or transfer as a pet or as a
human’s companion.
   (b)   It is a defense to prosecution under Subsection (a)(1) that the person
is:
      (1)   a federal, state, county, or municipal agency or an agent of such
an agency acting in an official capacity that:
         (A)   has all required state and federal licenses and permits; and
         (B)   is in compliance with all federal, state, and city laws or
regulations applicable to the animal;
      (2)   a research facility licensed by the United States Secretary of
Agriculture under the Animal Welfare Act (7 U.S.C. Section 2131, et seq.), as
amended, that:
         (A)   has all required state and federal licenses and permits;
         (B)   is in compliance with all federal, state, and city laws or
regulations applicable to the animal; and
         (C)   has on file with the director, on a form provided for that
purpose, a current list describing all prohibited animals kept in the city by
the facility and specifying the location where each animal is kept;
      (3)   an organization that is an accredited member of the American Zoo
and Aquarium Association that:
         (A)   has all required state and federal licenses and permits;
         (B)   is in compliance with all federal, state, and city laws or
regulations applicable to the animal; and
         (C)   has on file with the director, on a form provided for that
purpose, a current list describing all prohibited animals kept in the city by
the organization and specifying the location where each animal is kept;
      (4)   transporting an injured, infirm, orphaned, or abandoned prohibited
animal for care or treatment, if the person:
         (A)   has all required state and federal licenses and permits; and
         (B)   is in compliance with all federal, state, and city laws or
regulations applicable to the animal;
      (5)   a licensed veterinarian, an incorporated humane society or animal
shelter, or a person who holds a rehabilitation permit issued under Subchapter
C, Chapter 43 of the Parks and Wildlife Code, as amended, who is temporarily
treating or caring for a sick or injured prohibited animal, if the
veterinarian, humane society, animal shelter, or rehabilitator:
         (A)   has all required state and federal licenses and permits; and
         (B)   is in compliance with all federal, state, and city laws or
regulations applicable to the animal;
      (6)   a transient circus company not based in the State of Texas, if:
         (A)   the prohibited animal is used as an integral part of the circus
performances;
         (B)   the animal is kept within the city only during the time the
circus is performing in the city; and
         (C)   the circus:
            (i)   has all required state and federal licenses and permits;
            (ii)   is in compliance with all federal, state, and city laws or
regulations applicable to the animal; and
            (iii)   has on file with the director, on a form provided for that
purpose, a current list describing all prohibited animals kept in the city by
the circus and specifying the location where each animal is kept;
      (7)   a television or motion picture production company that has
temporary custody or control of the prohibited animal during the filming of a
television or motion picture production in the city, if the production company:
         (A)   has all required state and federal licenses and permits;
         (B)   is in compliance with all federal, state, and city laws or
regulations applicable to the animal; and
         (C)   has on file with the director, on a form provided for that
purpose, a current list describing all prohibited animals kept in the city by
the production company and specifying the location where each animal is kept;
      (8)   a college or university that owns and has possession, custody, or
control of the prohibited animal solely as a mascot for the college or
university, if the college or university:
         (A)   has all required state and federal licenses and permits;
         (B)   is in compliance with all federal, state, and city laws or
regulations applicable to the animal; and
         (C)   has on file with the director, on a form provided for that
purpose, a current list describing all prohibited animals kept in the city by
the college or university and specifying the location where each animal is
kept;
      (9)   transporting the prohibited animal in interstate commerce in
compliance with the Animal Welfare Act (7 U.S.C. Section 2131, et seq.), as
amended, and any regulations adopted under that act, if the person:
         (A)   has all required state and federal licenses and permits; and
         (B)   is in compliance with all federal, state, and city laws or
regulations applicable to the prohibited animal;
      (10)   a person whose only business is to supply nonhuman primates
directly and exclusively to biomedical research facilities and who holds a
Class “A” or Class “B” dealer’s license issued by the United States Secretary
of Agriculture under the Animal Welfare Act (7 U.S.C. Section 2131, et seq.),
as amended, if:
         (A)   the prohibited animal is a nonhuman primate owned by and in the
custody and control of the person;
         (B)   the person has all required state and federal licenses and
permits;
         (C)   the person is in compliance with all federal, state, and city
laws or regulations applicable to the animal; and
         (D)   the person has on file with the director, on a form provided for
that purpose, a current list describing all prohibited animals kept in the city
by the person and specifying the location where each animal is kept;
      (11)   a participant in a species survival plan of the American Zoo and
Aquarium Association for the species of prohibited animal owned by or in the
possession, control, or custody of the person, if:
         (A)   the prohibited animal is an integral part of the species
survival plan;
         (B)   the person has all required state and federal licenses and
permits;
         (C)   the person is in compliance with all federal, state, and city
laws or regulations applicable to the animal; and
         (D)   the person has on file with the director, on a form provided for
that purpose, a current list describing all prohibited animals kept in the city
by the person and specifying the location where each animal is kept; or
      (12)   exhibiting a prohibited animal (other than a dangerous wild animal
as defined in Section 822.101 of the Texas Health and Safety Code, as amended)
at the State Fair of Texas or at a special event conducted with written
permission of the city, if the person:
         (A)   has all required state and federal licenses and permits;
         (B)   is in compliance with all federal, state, and city laws or
regulations applicable to the animal; and
         (C)   has on file with the director, on a form provided for that
purpose, a current list describing all prohibited animals kept in the city by
the person and specifying the location where each animal is kept. (Ord. 26024)
SEC. 7-6.2.   REGULATED ANIMALS.
   (a)   A person commits an offense if he owns a regulated animal for any
purpose in the city without holding a valid regulated animal permit issued for
the animal under this section.
   (b)   All defenses set forth in Section
7-6.1(b) relating to prohibited animals are defenses to prosecution under
Subsection (a) of this section when applied to regulated animals.
   (c)   A regulated animal permit may be issued only to a person who is in the
business of exhibiting one or more regulated animals to the public and who:
      (1)   has all required state and federal licenses and permits; and
      (2)   is in compliance with all federal, state, and city laws or
regulations applicable to the regulated animal.
   (d)   Regulated animal permits are classified as follows:
      (1)   Annual regulated animal permit. Possession of an annual regulated
animal permit is required to keep a regulated animal in the city for more than
10 days within any calendar year. The permit is valid for one year after the
date of issuance, unless sooner revoked by the director, and may be renewed by
filing an application in accordance with this section.
      (2)   Temporary regulated animal permit. Possession of a temporary
regulated animal permit is required to keep a regulated animal in the city for
not more than 10 days within any calendar year. The permit is valid for a
period designated by the director not to exceed 10 days.
   (e)   The fees for a regulated animal permit are as follows:
 
Type of Permit Fee
(1) Annual     $350
(2) Temporary  $250
 
   (f)   A regulated animal permit is nontransferable, and the permit fee is
nonrefundable.
   (g)   An applicant for a regulated animal permit shall file an application
with the director on a form provided for that purpose. The application must
include:
      (1)   the name, address, and telephone number of the applicant;
      (2)   a complete identification of each regulated animal kept in the
city, including species, sex, age (if known), and any distinguishing marks or
coloration that would aid in the identification of the animal;
      (3)   the exact location where each regulated animal is to be kept; and
      (4)   any other information the director determines necessary to the
enforcement and administration of this section.
   (h)   An application for a regulated animal permit must be accompanied by:
      (1)   the applicable regulated animal permit fee set forth in Subsection
(e) of this section;
      (2)   proof, in a form acceptable to the director, that the applicant has
the liability insurance required in Subsection (i) of this section; and
      (3)   if the applicant holds a Class “A” or Class “B” dealer’s license or
a Class “C” exhibitor’s license issued by the United States Secretary of
Agriculture under the Animal Welfare Act (7 U.S.C. Section 2131, et seq.), as
amended, a clear and legible photocopy of the license.
   (i)   An owner of a regulated animal shall maintain liability insurance
acceptable to the city, in an amount of not less than $100,000 for each
occurrence, that provides coverage for any damage to or destruction of
property, and for any death or bodily injury to a person, caused by the
regulated animal.
   (j)   An owner of a regulated animal shall, at all reasonable times, allow
the director or a designated licensed veterinarian to enter the premises where
the animal is kept and to inspect the animal, the animal’s enclosure, and the
owner’s records relating to the animal to ensure compliance with this section.
   (k)   An owner of a regulated animal may not permanently relocate the animal
to another location in the city unless the owner first notifies the director in
writing of the exact location to which the animal will be relocated.
   (l)   Within 10 days after the death, sale, or other disposition of a
regulated animal, the owner of the animal shall notify the director in writing
of that event.
   (m)   An owner of a regulated animal shall immediately notify the director
of any attack on a human by the animal and of any escape by the animal.
   (n)   An owner of a regulated animal that escapes is liable for all costs
incurred in apprehending and confining the animal. The city, animal services,
and any law enforcement agency (and their employees and agents) are not liable
to an owner of a regulated animal for damages arising in connection with the
escape of the animal, including any liability for damage, injury, or death
caused by the animal during or after its escape, or for injury to or death of
the animal resulting from the apprehension or confinement of the animal after
its escape.
   (o)   The director may establish caging requirements and standards for the
keeping and confinement of a regulated animal to ensure that the animal is kept
and confined in a manner that:
      (1)   protects and enhances the public’s health and safety;
      (2)   prevents escape by the animal; and
      (3)   provides a safe, healthy, and humane environment for the animal.
   (p)   An owner of a regulated animal shall keep and confine the animal in
accordance with the caging requirements and standards established by the
director.
   (q)   For each regulated animal, the owner shall comply with all applicable
standards of the Animal Welfare Act (7 U.S.C. Section 2131, et seq.), as
amended, and with regulations adopted under that Act relating to:
      (1)   facilities and operations;
      (2)   animal health and husbandry; and
      (3)   veterinary care.
   (r)   An owner of a regulated animal commits an offense if he fails to
comply with this section. Each animal with respect to which there is a
violation and each day that a violation continues is a separate offense.
   (s)   The director shall deny issuance or renewal of a regulated animal
permit if the applicant:
      (1)   makes a false statement of material fact on an application for a
regulated animal permit;
      (2)   is not in compliance with this section or
Article III of this chapter;
      (3)   is not in compliance with any conditions of the permit or any rules
established by the director relating to the regulated animal;
      (4)   has had a regulated animal permit revoked by the director within
the preceding 12 months; or
      (5)   intentionally or knowingly impeded a lawful inspection by the
director or the director’s authorized representative.
   (t)   The director shall revoke a regulated animal permit if the director
determines that the permit holder has:
      (1)   made a false statement of material fact on an application for a
regulated animal permit;
      (2)   violated a provision of this section or
Article III of this chapter;
      (3)   violated a condition of the permit or a rule established by the
director relating to the regulated animal; or
      (4)   intentionally or knowingly impeded a lawful inspection by the
director or the director’s authorized representative.
   (u)   If the director refuses to issue or renew a regulated animal permit,
or revokes a regulated animal permit, the director shall send to the applicant
or permit holder by certified mail, return receipt requested, written notice of
the action, including the reason for the action, and a statement of the right
to an appeal. The applicant or permit holder 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 a request for an appeal hearing with the
permit and license appeal board stays an action of the director in revoking a
permit until the permit and license appeal board makes a final decision. (Ord.
Nos. 26024; 29879; 31332, eff. 10/1/19)
ARTICLE VII.
MISCELLANEOUS.
SEC. 7-7.1.   INTERFERENCE WITH AN ANIMAL SERVICES OFFICER.
   A person commits an offense if he interferes with, hinders, or molests any
employee or agent of animal services in the performance of official duties.
(Ord. 26024)
SEC. 7-7.2.   SALE OF ANIMALS FROM PUBLIC PROPERTY.
   (a)   A person commits an offense if he sells, exchanges, barters, or gives
away, or offers to sell, exchange, barter, or give away, any animal from:
      (1)   any public property; or
      (2)   any property to which the public has access that does not have a
valid certificate of occupancy allowing the sale of animals on the property.
   (b)   It is a defense to prosecution under Subsection (a) that the person
is:
      (1)   animal services; or
      (2)   an animal adoption agency. (Ord. 26024)
SEC. 7-7.3.   KEEPING OF ROOSTERS.
   (a)   In this section, ROOSTER means the male of the domestic fowl.
   (b)   A person commits an offense if he owns a live rooster on any premises
within the city.
   (c)   It is a defense to prosecution under Subsection (b) that the rooster
is:
      (1)   kept on premises upon which animal production is permitted under
Section
51A-4.201 of the Dallas Development Code;
      (2)   being exhibited at the State Fair of Texas or at a special event
conducted with written permission of the city;
      (3)   owned by a governmental entity or participating in a health,
research, educational, or similar program conducted by a governmental entity;
      (4)   owned by a medical, educational, or research institution operating
in compliance with all city ordinances and state and federal laws; or
      (5)   being held for slaughter in a slaughterhouse or meat packing plant
operating in compliance with all city ordinances and state and federal laws.
   (d)   A person who owns a live rooster commits an offense if he:
      (1)   fails to confine the rooster at all times within an enclosure that
is of sufficient height and strength to retain the rooster;
      (2)   confines the rooster in an enclosure that is wholly or partially
located less than 20 feet from any adjacent property line;
      (3)   maintains the enclosure in which the rooster is confined in a
manner that creates offensive odors, fly breeding, or any other nuisance or
condition that is injurious to the public health, safety, or welfare; or
      (4)   allows the rooster to violate the noise restrictions of Section
7-7.4 of this chapter.
   (e)   For the purpose of calculating the distance requirement of Subsection
(d)(2) of this section, the width of alleys, street rights-of-way, and other
public rights-of-way will be used. The distance between a rooster enclosure and
an adjacent property line must be measured in a straight line, without regard
to intervening structures or objects, from the nearest exterior wall of the
enclosure to the nearest property line. (Ord. 26024)
SEC. 7-7.4.   DISTURBANCE BY ANIMALS.
   (a)   A person commits an offense if he knowingly owns an animal that
unreasonably barks, howls, crows, or makes other unreasonable noise near a
private residence. Noise made by an animal is unreasonable under this
subsection if the noise:
      (1)   continues more than 15 consecutive minutes; or
      (2)   exceeds the sound pressure level allowed in a residential district
under the Dallas Development Code.
   (b)   A person who is disturbed by an animal that unreasonably barks, howls,
crows, or makes other unreasonable noise near a private residence may file a
disturbance complaint with the director. A disturbance complaint must include
the name and address of the complainant, the location of the disturbance, the
type of animal causing the disturbance, and the times that the animal is
causing the disturbance.
   (c)   The director shall mail to the animal’s owner a notice that the
disturbance complaint has been received. A copy of the notice must be mailed to
the complainant.
   (d)   If, after receiving notice from the director that a disturbance
complaint has been received, the owner continues to allow the animal to cause a
disturbance:
      (1)   the complainant may file a complaint, in writing, with the city
attorney; or
      (2)   the director may issue a citation to the owner for the violation of
this section. (Ord. 26024)
SEC. 7-7.5.   VACCINATION OF FERRETS.
   (a)   An owner of a ferret commits an offense if:
      (1)   the ferret is not currently vaccinated; or
      (2)   the owner fails to show a current certificate of vaccination and
rabies tag for the ferret upon request by the director or a peace officer.
   (b)   It is a defense to prosecution under Subsection (a) that the ferret
is:
      (1)   under four months of age; or
      (2)   unable to be vaccinated due to health reasons as verified by a
licensed veterinarian.
   (c)   A licensed veterinarian who vaccinates a ferret for rabies shall issue
to the owner of the ferret a current rabies tag and a certificate of
vaccination and send a copy of the certificate of vaccination to the director
by the 10th day of the month following the month in which the ferret was
vaccinated. The certificate of vaccination must contain the following
information:
      (1)   name, address, and telephone number of the owner;
      (2)   animal identification, including species, sex, age, size (pounds),
predominant breed, and color;
      (3)   vaccine used, producer, expiration date, and serial number;
      (4)   date vaccinated and expiration date of the certificate of
vaccination;
      (5)   rabies tag number; and
      (6)   veterinarian’s signature and license number. (Ord. 26024)
SEC. 7-7.6.   ANIMALS AS PRIZES, PROMOTIONS, AND NOVELTIES.
   A person commits an offense if he sells, exchanges, raffles, auctions, or
gives away or offers to sell, exchange, raffle, auction, or give away any live
animal as:
      (1)    a prize;
      (2)   an inducement to enter a place of amusement or a business
establishment; or
      (3)   an inducement to participate in a charitable fund-raising event.
(Ord. 27250)
ARTICLE VIII.
VIOLATIONS, PENALTIES, AND ENFORCEMENT.
SEC. 7-8.1.   VIOLATIONS; CRIMINAL AND CIVIL PENALTIES.
   (a)   A person who violates a provision of this chapter, or who fails to
perform an act required of him by this chapter, commits an offense.
   (b)   A person violating a provision of this chapter commits a separate
offense for each day or part of a day during which a violation is committed,
continued, or permitted.
   (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)   Unless specifically provided otherwise in this chapter, an offense
under this chapter is punishable by a fine not to exceed:
      (1)   $2,000 if the provision violated governs public health or
sanitation;
      (2)   the amount fixed by state law if the violation is one for which the
state has fixed a fine; or
      (3)   $500 for all other offenses.
   (e)   Unless specifically provided otherwise in this chapter or by state
law, an offense under this chapter is punishable by a fine of not less than:
      (1)   $50 for a first conviction of a violation of Section
7-2.6(f),
7-2.7(d),
7-3.1,
7-4.2(a),
7-4.5(a),
7-4.6,
7-4.8,
7-7.2, or
7-7.4(a);
      (2)   $100 for a first conviction of a violation of Section
7-3.3,
7-4.1(a),
7-4.7,
7-4.10,
7-7.3, or
7-7.5(a); and
      (3)   $150 for a first conviction of a violation of Section
7-2.4(b),
7-3.2,
7-4.3(e),
7-4.11,
7-4.14,
7-6.1,
7-6.2, or
7-7.1.
   (f)   The minimum fines established in Subsection (e) 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 (d).
   (g)   Prosecution for an offense under Subsection (a) does not prevent the
use of civil enforcement remedies or procedures applicable to the person
charged with or the conduct involved in the offense.
   (h)   In addition to imposing a criminal penalty, the city may, in
accordance with Section 54.012(5) and (10) 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 each violation is
committed, continued, or permitted.
   (i)   As an alternative to imposing the criminal penalty prescribed in
Subsections (d) and (e), 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 this chapter. The alternative
administrative penalty range for an offense is the same as is prescribed in
Subsections (d) and (e). 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. (Ord. Nos.
26024; 27250; 29403; 30901; 32194, eff. 11-11-22)
SEC. 7-8.2.   ADDITIONAL ENFORCEMENT PROVISIONS.
   (a)   In addition to imposing a monetary penalty against a person convicted
of an offense under this chapter, a court may do one or more of the following:
      (1)   require the person, at the person's expense, to attend a
responsible pet ownership program approved by the director;
      (2)   revoke any permit issued to the person under this chapter;
      (3)   require the person to have any animal owned by the person spayed or
neutered within a time period specified by the court; or
      (4)   impose any other conditions or restrictions that would reasonably
abate the violation for which the person was convicted.
   (b)   Upon a person's third conviction of violating Section
7-3.1,
7-4.1,
7-4.2,
7-4.7,
7-4.10,
7-4.11, or
7-4.14 of this chapter, a court may do one or more of the following:
      (1)   order the impoundment of any animal owned by the person, forfeit
the person's ownership of the animal, and award sole possession of the animal
to the city; or
      (2)   suspend the person's right to own an animal in the city for a
period of time as specified by the court. (Ord. Nos. 26024; 30483; 30901)
SEC. 7-8.3.   RESERVED.
   (Repealed by Ord. 30483)
SEC. 7-8.4.   DALLAS ANIMAL WELFARE FUND.
   (a)   The Dallas Animal Welfare Fund is composed of:
      (1)   All Dallas Animal Welfare Fund administrative penalties collected
under Sections
27-16.16(b),
27-16.18(g), and
27-16.21(b) of
Chapter 27 of this code;
      (2)   30 percent of all civil fines collected by the city for lawsuits
filed in the municipal court under Subchapter B, Chapter 54 of the Texas Local
Government Code; and
      (3)   Any funds donated by an individual or entity, any of which may be
refused by a majority vote of the city council.
   (b)   The director shall adopt rules and procedures consistent with this
article for the administration of the Dallas Animal Welfare Fund.
   (c)   To be eligible to receive funds from the Dallas Animal Welfare Fund, a
person must:
      (1)   establish to the satisfaction of the director that the person’s
income does not exceed the Dallas area median family income as determined by
the U.S. Department of Housing and Urban Development; and
      (2)   not have received funds from the Dallas Animal Welfare Fund within
the preceding 24 months.
   (d)   The director may not make an award from the Dallas Animal Welfare Fund
in excess of $1,000. The director may not make an award unless the award is for
less than or equal to the amount in the Dallas Animal Welfare Fund at any one
time. If the fund is temporarily out of money, the director may not make an
award until such time as there are additional funds equal to or exceeding the
amount of the award. (Ord. 29403)
CHAPTER 7A
ANTI-LITTER REGULATIONS
Sec.
7A-1.   Short title.
Sec.
7A-2.   Definitions.
Sec.
7A-3.   Throwing or depositing litter in public places prohibited; exceptions.
Sec.
7A-3.1.   City removal of shopping cart from a public place.
Sec.
7A-4.   Manner of placing litter in receptacles.
Sec.
7A-5.   Sweeping litter into gutters, etc. prohibited; sidewalks to be kept
free of litter by abutting property owners or occupants.
Sec.
7A-6.   Duty of merchants and contractors as to litter in abutting sidewalks,
streets, etc.
Sec.
7A-7.   Throwing litter from vehicles prohibited.
Sec.
7A-7.1.   Removal of injurious material from streets.
Sec.
7A-8.   Litter in parks.
Sec.
7A-9.   Litter in fountains, lakes, etc.
Sec.
7A-10.   Throwing, distributing, etc., handbills in public places.
Sec.
7A-11.   Placing handbills in or upon vehicles.
Sec.
7A-12.   Depositing handbills on uninhabited or vacant premises.
Sec.
7A-13.   Distribution of handbills where posted or indicated as prohibited.
Sec.
7A-14.   Manner of distribution of handbills to inhabited premises.
Sec.
7A-15.   Dropping litter, etc., from aircraft prohibited.
Sec.
7A-16.   Prohibiting the posting of notices on poles, trees, and structures;
presumptions; defenses.
Sec.
7A-17.   Throwing or depositing litter on private premises.
Sec.
7A-18.   Duty to maintain premises free from litter.
Sec.
7A-19.   Depositing litter on vacant lots prohibited.
Sec.
7A-19.1.   City removal of litter from private premises; notice required.
Sec.
7A-19.2.   Charges to be levied against the premises; lien on premises for
failure to pay charges.
Sec.
7A-20.   Penalty for violation of chapter; enforcement of chapter.
SEC. 7A-1.   SHORT TITLE.
   This chapter shall be known and may be cited as the “City of Dallas Anti-
Litter Ordinance”. (Ord. 10371)
SEC. 7A-2.   DEFINITIONS.
   For the purposes of this chapter, the following terms, phrases, words and
their derivations shall have the meaning given herein. When not inconsistent
with the context, words used in the present tense include the future, words
used in the plural number include the singular number and words used in the
singular number include the plural number. The word “shall” is always mandatory
and not merely directory.
      (1)   AIRCRAFT. Any contrivance now known or hereafter invented, used or
designated for navigation or for flight in the air. The word “aircraft” shall
include helicopters and lighter-than-air dirigibles and balloons.
      (2)   AUTHORIZED PRIVATE RECEPTACLE. A litter storage and collection
receptacle as required and authorized in Chapter 18.
      (3)   CITY. The city of Dallas, Texas.
      (4)   COMMERCIAL HANDBILL. Any printed or written matter, any sample or
device, dodger, circular, leaflet, pamphlet, paper, booklet or any other
printed or otherwise reproduced original or copies of any matter of literature:
         (A)   which advertises for sale any merchandise, product, commodity or
thing; or
         (B)   which directs attention to any business or mercantile or
commercial establishment, or other activity, for the purpose of either directly
or indirectly promoting the interest thereof by sales; or
         (C)   which directs attention to or advertises any meeting, theatrical
performance, exhibition or event of any kind, for which an admission fee is
charged for the purpose of private gain or profit; but the terms of this clause
shall not apply where an admission fee is charged or a collection is taken up
for the purpose of defraying the expenses incident to such meeting, theatrical
performance, exhibition or event of any kind, when either of the same is held,
given or takes place in connection with the dissemination of information which
is not restricted under the ordinary rules of decency, good morals, public
peace, safety and good order. Nothing contained in this clause shall be deemed
to authorize the holding, giving or taking place of any meeting, theatrical
performance, exhibition or event of any kind without a license, where such
license is or may be required by any law of this state, or under any ordinance
of this city; or
         (D)   Which, 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 advertiser or distributor.
      (5)   GARBAGE. Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
      (6)   LITTER. “Garbage”, “refuse” and “rubbish” as defined herein and all
other waste material which, if thrown or deposited as herein prohibited, tends
to create a danger to public health, safety and welfare.
      (7)   NEWSPAPER. Any newspaper of general circulation as defined by
general law, any newspaper duly entered with the Post Office Department of the
United States, in accordance with federal statute or regulation and any
newspaper filed and recorded with any recording officer as provided by general
law; and, in addition thereto, any periodical or current magazine regularly
published with not less than four issues per year, and sold to the public.
      (8)   NONCOMMERCIAL HANDBILL. Any printed or written matter, any sample
or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper,
booklet or any other printed or otherwise reproduced original or copies of any
matter of literature not included in the aforesaid definitions of a commercial
handbill or newspaper.
      (9)   PARK. A park, reservation, playground, beach, recreation center or
any other public area in the city, owned or used by the city and devoted to
active or passive recreation.
      (10)   PERSON. Any person, firm, partnership, association, corporation,
company or organization of any kind.
      (11)   PRIVATE PREMISES. Any dwelling, house, building or other structure
designed or used either wholly or in part for private residential purposes,
whether inhabited or temporarily or continuously uninhabited or vacant,
including any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox
belonging or appurtenant to such dwelling, house, building or other structure.
      (12)   PUBLIC PLACE. Any and all streets, sidewalks, boulevards, alleys,
or other public ways and any and all public parks, squares, spaces, grounds and
buildings.
      (13)   REFUSE. All putrescible and nonputrescible solid wastes (except
body wastes), including garbage, rubbish, ashes, street cleaning, dead animals,
abandoned automobiles, and solid market and industrial wastes.
      (14)   RUBBISH. Nonputrescible solid wastes consisting of both
combustible and noncombustible wastes, such as paper, wrappings, cigarettes,
cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and
similar materials.
      (14.1)   SHOPPING CART. An object that has the same meaning as in Chapter
17 of the Texas Business and Commerce Code, as amended.
      (15)   VEHICLE. Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway, including devices used
exclusively upon stationary rails or tracks. (Ord. Nos. 10371; 25371; 30136)
SEC. 7A-3.   THROWING OR DEPOSITING LITTER IN PUBLIC PLACES PROHIBITED;
EXCEPTIONS.
   No person shall throw or deposit litter in or upon any street, sidewalk or
other public place within the city, except in public receptacles, in authorized
private receptacles for collection or in official city dumps. (Ord. 10371)
SEC. 7A-3.1.   CITY REMOVAL OF SHOPPING CART FROM A PUBLIC PLACE.
   (a)   A shopping cart found by the city in a public place shall be presumed
lost or abandoned, unless the shopping cart has:
      (1)   been reported as stolen to the Dallas Police Department within the
last 30 days;
      (2)   a legible name, address, and telephone number of the owner of the
shopping cart; and
      (3)   a legible unique identifier, such as a serial number.
   (b)   A shopping cart found by the city in a public place is hereby declared
a public nuisance.
   (c)   A shopping cart found by the city in a public place shall be
considered litter.
   (d)   Upon collection, the city may immediately dispose of the shopping
cart, including by recycling it, or the city may temporarily store the shopping
cart before disposing of it, whichever method the director, in the director's
discretion, deems appropriate. For purposes of this section, DIRECTOR is the
director of the department of street services of the city of Dallas. (Ord.
30136)
SEC. 7A-4.   MANNER OF PLACING LITTER IN RECEPTACLES.
   Persons placing litter in public receptacles or in authorized private
receptacles shall do so in such a manner as to prevent it from being carried or
deposited by the elements upon any street, sidewalk or other public place or
upon private property. (Ord. 10371)
SEC. 7A-5.   SWEEPING LITTER INTO GUTTERS, ETC. PROHIBITED; SIDEWALKS TO BE
KEPT FREE OF LITTER BY ABUTTING PROPERTY OWNERS OR OCCUPANTS.
   No person shall sweep into or deposit in any gutter, street or other public
place within the city the accumulation of litter from any building or lot or
from any public or private sidewalk or driveway. Persons owning or occupying
property shall keep the sidewalk in front of their premises free of litter.
(Ord. 10371)
SEC. 7A-6.   DUTY OF MERCHANTS AND CONTRACTORS AS TO LITTER IN ABUTTING
SIDEWALKS, ETC.
   (a)   No person owning or occupying a place of business shall sweep into or
deposit in any gutter, street or other public place within the city the
accumulation of litter from any building or lot or from any public or private
sidewalk or driveway. Persons owning or occupying places of business within the
city shall keep the sidewalk in front of their business premises free of
litter.
   (b)   A person doing construction work within the city shall at all times
keep the sidewalk, street, alley and public or private property abutting the
construction site free of construction trash, litter and debris. (Ord. Nos.
10371; 19566)
SEC. 7A-7.   THROWING LITTER FROM VEHICLES PROHIBITED.
   No person, while a driver or passenger in a vehicle, shall throw or deposit
litter upon any street or other public place within the city, or upon private
property. (Ord. 10371)
SEC. 7A-7.1.   REMOVAL OF INJURIOUS MATERIAL FROM STREETS.
   A person who drops or throws or permits to be dropped or thrown upon a
street any destructive or injurious material, shall immediately remove the
material or cause the material to be removed. (Ord. 14587)
SEC. 7A-8.   LITTER IN PARKS.
   No person shall throw or deposit litter in any park within the city except
in public receptacles and in such a manner that the litter will be prevented
from being carried or deposited by the elements upon any part of the park or
upon any street or other public place. Where public receptacles are not
provided, all such litter shall be carried away from the park by the person
responsible for its presence and properly disposed of elsewhere as provided
herein. (Ord. 10371)
SEC. 7A-9.   LITTER IN FOUNTAINS, LAKES, ETC.
   No person shall throw or deposit litter in any fountain, pond, lake, stream,
bay or any other body of water in a park or elsewhere within the city. (Ord.
10371)
SEC. 7A-10.   THROWING, DISTRIBUTING, ETC., HANDBILLS IN PUBLIC PLACES.
   No person shall throw or deposit any commercial or noncommercial handbill in
or upon any sidewalk, street or other public place within the city; nor shall
any person hand out or distribute or sell any commercial handbill in any public
place. It shall not be unlawful on any sidewalk, street or other public place
within the city for any person to hand out or distribute, without charge to the
receiver thereof, any noncommercial handbill to any person willing to accept
it. (Ord. 10371)
SEC. 7A-11.   PLACING HANDBILLS IN OR UPON VEHICLES.
   No person shall throw or deposit any commercial or noncommercial handbill in
or upon any vehicle. It shall not be unlawful in any public place for a person
to hand out or distribute, without charge to the receiver thereof, a
noncommercial handbill to any occupant of a vehicle who is willing to accept
it. (Ord. 10371)
SEC. 7A-12.   DEPOSITING HANDBILLS ON UNINHABITED OR VACANT PREMISES.
   No person shall throw or deposit any commercial or noncommercial handbill in
or upon any private premises which are temporarily or continuously uninhabited
or vacant. (Ord. 10371)
SEC. 7A-13.   DISTRIBUTION OF HANDBILLS WHERE POSTED OR INDICATED AS
PROHIBITED.
   No person shall throw, deposit or distribute any commercial or noncommercial
handbill upon any private premises, if requested by anyone thereon not to do
so, or if there is placed on such premises in a conspicuous position near the
entrance thereof, a sign bearing the words “No Trespassing,” “No Peddlers or
Agents,” No Advertisement,” or any similar notice indicating in any manner that
the occupants of such premises do not desire to be molested or have their right
of privacy disturbed, or to have any such handbills left upon such premises.
(Ord. 10371)
SEC. 7A-14.   MANNER OF DISTRIBUTION OF HANDBILLS TO INHABITED PREMISES.
   No person shall throw, deposit or distribute any commercial or noncommercial
handbill in or upon private premises which are inhabited, except by handing or
transmitting any such handbill directly to the owner, occupant or other person
then present in or upon such private premises. In case of inhabited private
premises which are not posted, as provided in this chapter, such person, unless
requested by anyone upon such premises not to do so, may place or deposit any
such handbill in or upon such inhabited private premises, if such handbill is
so placed or deposited as to secure or prevent such handbill from being blown
or drifted about such premises or sidewalks, streets or other public places and
except that mailboxes may not be so used when so prohibited by federal postal
law or regulations.
   (a)   Exemption for mail and newspapers. The provisions of this section
shall not apply to the distribution of mail by the United States, nor to
newspapers (as defined herein) except, that newspapers shall be placed on
private property in such manner as to prevent their being carried or deposited
by the elements upon any street, sidewalk or other public place or upon private
property. (Ord. 10371)
SEC. 7A-15.   DROPPING LITTER, ETC., FROM AIRCRAFT PROHIBITED.
   No person in an aircraft shall throw out, drop or deposit within the city
any litter, handbill or any other object. (Ord. 10371)
SEC. 7A-16.   PROHIBITING THE POSTING OF NOTICES ON POLES, TREES, AND
STRUCTURES; PRESUMPTIONS; DEFENSES.
   (a)   A person commits an offense if he posts or affixes or causes to be
posted or affixed any notice, poster, paper, or device, which is calculated to
attract the attention of the public, to any lamp post, utility pole, telephone
pole, cellular telephone pole, or tree that is located on any public right-of-
way or other public property, or to any public structure or building.
   (b)   Whenever any notice, poster, paper, or device is posted or affixed, or
caused to be posted or affixed, in violation of Subsection (a) of this section,
it is presumed that the person whose address or telephone number is listed in
the notice, poster, paper, or device, or who is otherwise named, described, or
identified in the notice, poster, paper, or device, is the person who committed
the violation, either personally or through an agent or employee.
   (c)   It is a defense to prosecution under Subsection (a) of this section
that the notice, poster, paper, or device was posted or affixed in a manner and
location authorized or required by another city ordinance or by state or
federal law. (Ord. Nos. 10371; 23632)
SEC. 7A-17.   THROWING OR DEPOSITING LITTER ON PRIVATE PREMISES.
   A person commits an offense if he throws or deposits litter on any occupied
private premises within the city, whether owned by the person or not, or in or
on any gutter, parkway, sidewalk, or alley adjacent to the private premises;
except, that the owner, occupant, or person in control of private premises may
maintain authorized private receptacles for collection in such a manner that
litter will be prevented from being carried or deposited by the elements upon
any street, gutter, parkway, sidewalk, alley, or other public place or upon any
private premises. (Ord. Nos. 10371; 20599)
SEC. 7A-18.   DUTY TO MAINTAIN PREMISES FREE FROM LITTER.
   An owner, occupant, or person in control of private premises commits an
offense if he places, deposits, or throws; permits to accumulate; or permits or
causes to be placed, deposited, or thrown, any litter on the premises or in or
on any gutter or parkway adjacent to the premises or on one-half of that
portion of an alley adjacent to the premises, unless the litter has been
deposited in an authorized private receptacle for collection. (Ord. Nos. 10371;
13804; 20599)
SEC. 7A-19.   DEPOSITING LITTER ON VACANT LOTS PROHIBITED.
   A person commits an offense if he throws or deposits litter on any open or
vacant private property within the city, whether owned by the person or not, or
in or on any gutter, parkway, sidewalk, or alley adjacent to the private
property. (Ord. Nos. 10371; 20599)
SEC. 7A-19.1.   CITY REMOVAL OF LITTER FROM PRIVATE PREMISES; NOTICE REQUIRED.
   (a)   Upon the failure of the owner, occupant, or person in control of
private premises to comply with Section
7A-18 of this chapter, the director shall have the litter removed from the
premises.
   (b)   Before having the litter removed, the director must notify the owner
of the premises to bring the premises into compliance with Section
7A-18 within seven days. The notice must be in writing and may be served by
handing it to the owner in person or by sending it United States regular mail,
addressed to the owner at the owner’s address as recorded in the appraisal
district records of the appraisal district in which the premises are located.
   (c)   If personal service to the owner cannot be obtained, then the owner
may be notified by:
      (1)   publication at least once in the official newspaper adopted by the
city council;
      (2)   posting the notice on or near the front door of each building on
the premises to which the violation relates; or
      (3)   posting the notice on a placard attached to a stake driven into the
ground on the premises to which the violation relates.
   (d)   If the director mails a notice to a property owner in accordance with
Subsection (b) and the United States Postal Service returns the notice as
“refused” or “unclaimed,” the validity of the notice is not affected, and the
notice is considered as delivered.
   (e)   In a notice provided under this section, the director may, by regular
mail and by a posting on the property, inform the owner of the property on
which the violation exists that, if the owner commits another violation of the
same kind or nature that poses a danger to the public health and safety on or
before the first anniversary of the date of the notice, the city may, without
further notice, correct the violation at the owner’s expense and then assess
the expense against the property. If a violation covered by a notice under this
subsection occurs within the one-year period, and the city has not been
informed in writing by the owner of a change in ownership of the property, then
the city may, without notice, take any action permitted by Subsection (a) and
assess its expenses as provided in Section
7A-19.2.
   (f)   The director may issue citations and prosecute persons for violating
Section
7A-18 regardless of whether a notice is issued under this section. (Ord. Nos.
22494; 25371)
SEC. 7A-19.2.   CHARGES TO BE LEVIED AGAINST THE PREMISES; LIEN ON PREMISES FOR
FAILURE TO PAY CHARGES.
   (a)   If the city removes litter on or from the private premises at the
request of the owner or upon the failure of the owner to comply with the notice
required under Section
7A-19.1, charges in the amount of the total actual costs incurred by the city
in performing the work will be collected from the owner, or levied, assessed,
and collected against the premises on which the work is performed. The charges
will be collected by the city controller. The city controller shall file a
statement by the director with the county clerk of the county in which the
property is located setting out the actual costs incurred by the city, the name
of the property owner if known, and a legal description of the property, as
required by state law.
   (b)   At the time a statement is filed under Subsection (a) as required by
state law, the city shall have a privileged lien against the premises, second
only to tax liens and liens for street improvements, in the amount of the
actual costs incurred, plus 10 percent interest on that amount from the date
costs were incurred.
   (c)   The city may file a suit in an appropriate court of law to foreclose
upon its lien and recover its actual costs incurred plus interest. The suit
must be filed in the name of the city. The statement filed under Subsection
(a), or a certified copy of the statement, is prima facie proof of the amount
of actual costs incurred by the city. (Ord. Nos. 22494; 25371)
SEC. 7A-20.   PENALTY FOR VIOLATION OF CHAPTER; ENFORCEMENT OF CHAPTER.
   (a)   Penalty for violation of chapter: A person who violates a provision of
this chapter, or who fails to perform an act required of him by this chapter,
commits an offense. A person is guilty of a separate offense for each day or
portion of a day during which the violation is committed, continued, or
permitted.
   (b)   An offense under this chapter is punishable by a fine of not more than
$2,000 nor less than:
      (1)   $50 for a first conviction of a violation of Section
7A-16,
7A-17, or
7A-19;
      (2)   $100 for a first conviction of a violation of Section
7A-18; and
      (3)   $200 for a first conviction of a violation of Section
7A-7.1.
   (c)   The minimum fines 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).
   (d)   Except where otherwise specified, a culpable mental state is not
required for the commission of an offense under this chapter.
   (e)   Authority to enforce chapter: The director shall enforce this chapter
when violations occur on private property; except that, when a fire hazard
exists on private property, this chapter shall be enforced by the fire marshal.
Any police officer of the city shall enforce this chapter when a violation
occurs in a public place, and any member of the park patrol of the city is
empowered to enforce this chapter when a violation occurs in any public park in
the city.
   (f)   For the purpose of this section, DIRECTOR means the director of the
department designated by the city manager to enforce and administer this
chapter or the director’s authorized representative.
   (g)   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 Section
7A-18 of this chapter. The alternative administrative penalty range for an
offense is the same as is prescribed for a criminal offense in Subsection (b).
(Ord. Nos. 10371; 12134; 13804; 17226; 19963; 20599; 25927)
CHAPTER 8
BOARDS AND COMMISSIONS
ARTICLE I.
IN GENERAL.
Sec.
8-1.   Definitions.
Sec.
8-1.1.   Reports to the city council.
Sec.
8-1.2.   Notice of appointment; acceptance.
Sec.
8-1.3.   Eligibility of employee of franchise holder.
Sec.
8-1.4.   Qualification considerations in appointments to boards.
Sec.
8-1.5.   Limitation of terms.
ARTICLE II.
MEETINGS.
Sec.
8-2.   Regular meetings.
Sec.
8-3.   Special meetings.
Sec.
8-4.   Quorum.
Sec.
8-5.   Rules of order.
Sec.
8-6.   Public character of meetings and actions; executive sessions.
Sec.
8-7.   Notice of meetings.
Sec.
8-8.   Report of minutes.
ARTICLE III.
OFFICERS AND THEIR DUTIES.
Sec.
8-9.   Chair and vice-chair.
Sec.
8-10.   Preservation of order.
Sec.
8-11.   Questions to be stated.
Sec.
8-12.   Reserved.
ARTICLE IV.
DUTIES AND PRIVILEGES OF MEMBERS.
Sec.
8-13.   Right to floor.
Sec.
8-14.   Financial interest.
Sec.
8-14.1.   Confidentiality.
Sec.
8-15.   Right of appeal.
Sec.
8-16.   Limitation of debate.
Sec.
8-17.   Voting.
Sec.
8-18.   Demand for roll card.
Sec.
8-19.   Personal privilege.
Sec.
8-20.   Attendance.
Sec.
8-20.1.   Special attendance requirements.
Sec.
8-21.   Excusal during meeting.
ARTICLE V.
CODE OF CONDUCT.
Sec.
8-22.   Board members.
Sec.
8-23.   Administrative staff.
Sec.
8-24.   News media members.
Sec.
8-25.   Members of the public.
ARTICLE VI.
ADMINISTRATIVE PROCEDURES.
Sec.
8-26.   Board recommendations.
Sec.
8-27.   Dealings with city employees.
Sec.
8-28.   Legal opinions.
ARTICLE I.
IN GENERAL.
SEC. 8-1.   DEFINITIONS.
   In this chapter:
      (1)   BOARD means a board or commission of the city that is established
by ordinance or the Charter of the City of Dallas.
      (2)   CHAIR means the presiding officer of a board whether appointed by
the city council or elected by the other members of the board. During debate,
the chair shall be referred to by this official title and shall be addressed by
prefixing Mr. or Madam, as the case may be, to that title.
      (3)   CONFIDENTIAL INFORMATION means any information that could not be
obtained by the public under the Texas Open Records Act.
      (4)   CONSIDERATION means the process by which a board disposes of a
motion.
      (5)   CRIMINAL RECORD means a record of a person's criminal history,
which may include, without limitation, arrests, convictions, dismissals, and
acquittals.
      (6)   FORFEIT or FORFEITURE means automatic loss of membership on a
board, without the need for council action.
      (7)   ITEM means a particular subject of public business listed on a
posted agenda that requires consideration from the board during the public
meeting.
      (8)   MEMBER means a duly appointed or elected member of a board. (Ord.
Nos. 14180; 19924; 20488; 30555; 31350)
SEC. 8-1.1.   REPORTS TO THE CITY COUNCIL.
   (a)   By February 1 of each year, each board shall submit to the city
manager for distribution to the city council an annual report that has been
approved by the board of its activities containing the following:
      (1)   a cover letter transmitting the report, signed by the board chair,
addressed to the mayor and city council;
      (2)   a table of contents;
      (3)   a mission statement or the guiding principles of the reporting
body;
      (4)   a summary of the year just completed including highlights of
objectives and accomplishments;
      (5)   a list of objectives and programs for the coming year including
revised goals;
      (6)   a summary of the board's recommendations, including a summary of
the recommendations of the minority if there is a minority report;
      (7)   other information determined to be necessary by the board.
   (b)   Copies of the report should be furnished to the city manager, city
secretary, and each member of the board.
   (c)   The office of the city manager shall coordinate the preparation of the
reports within the applicable city departments and generally give assistance in
the development of the reports.
   (d)   The following formatting standards shall apply:
      (1)   The report should be 8-1/2 inches by 11 inches in size. Each larger
sheet should be folded to this size.
      (2)   Covers should include the city of Dallas logo.
   (e)   Minority or dissenting viewpoints should be given full disclosure in
the report so that the opinions of each board member are fairly conveyed. The
minority or dissenting report should be prepared by those holding such
viewpoints and it should be incorporated in the report without editing, except
in order to achieve compliance with this section. If the majority report,
including attachments, appendices, and index pages, numbers less than 100
pages, the minority report will be placed after the last page of the majority
report. If the majority report numbers 100 pages or more, the minority report
will be placed after the summary of recommendations and before the body of the
full majority report.
   (f)   If a board finds it necessary or important to publish a report other
than an annual report, the provisions of this section shall apply to the
special report.
   (g)   On behalf of the city council, the city manager shall analyze and
evaluate each report submitted pursuant to this section by March 15 of each
year. (Ord. Nos. 14180; 15126; 15378; 20488; 21118; 21155; 30555)
SEC. 8-1.2.   NOTICE OF APPOINTMENT; ACCEPTANCE.
   (a)   After the city council appoints a person to serve as a member of a
board, the city secretary shall notify the person in writing of the
appointment. The notification shall contain the city's code of ethics and a
form of acceptance of appointment to be returned to the city secretary by the
appointee. The form of acceptance shall contain a statement that the appointee
has read the entire code of ethics and agrees to comply with it.
   (b)   The appointee must return the signed acceptance of appointment to the
city secretary within 15 calendar days from the date of receiving notice of the
appointment. If the city secretary does not receive the signed acceptance of
appointment within the required 15 days, that board position shall be
considered vacant and a new appointment made. (Ord. Nos. 15848; 18560; 20488;
30555)
SEC. 8-1.3.   ELIGIBILITY OF EMPLOYEE OF FRANCHISE HOLDER.
   (a)   A person who is an employee of a public utility providing service
under a franchise with the city is not disqualified from serving as a member of
a board if the responsibilities of the board are not directly related to
regulation of the rates and service of the public utility.
   (b)   A board member who is an employee of a public utility providing
service under a franchise with the city shall abstain from voting and comply
with Section
8-14 on any matter before the board directly or indirectly related to the
business of the public utility. (Ord. Nos. 16467; 17489; 20488)
SEC. 8-1.4.   QUALIFICATION CONSIDERATIONS IN APPOINTMENTS TO BOARDS.
   (a)   An appointee to a board must:
      (1)   have been a resident of the city for at least six months prior to
the date of appointment;
      (2)   have no conviction that is considered by the city council to be so
serious that it should serve as a disqualification;
      (3)   not be an adversary party to pending litigation or a claim against
the city or a city employee, except for eminent domain proceedings;
disqualification of an appointee under this subparagraph may be waived by the
city council after review of the specific circumstances unless the subject of
the litigation or claim involves the board on which the appointee will serve or
the department providing support services to that board;
      (4)   not be an employee or a business associate of either an adversary
party or a representative of an adversary party, nor have a pecuniary interest,
in any pending litigation or claim, other than an eminent domain proceeding,
against the city relating to the board on which the appointee will serve or the
department providing support services to that board or against any individual
officer or employee of the support department (unless unrelated to such
individual's office or employment); disqualification of an appointee under this
subparagraph may not be waived;
      (5)   not be in arrears on any city taxes, water service charges, or
other obligations owed the city;
      (6)   have a creditable record of attendance pursuant to Section
8-20 in any previous board service; and
      (7)   except as provided in this section, meet any other qualifications
for service on a board that are mandated by the city charter or other
ordinances.
   (b)   Notwithstanding Subsection (a), an appointee to a board is not
required to live in the district for which he or she is appointed, unless
district residency for a board is expressly required by this code.
   (c)   A person may serve on only one board at a time, except that this
restriction does not apply to ex officio board positions. It is the city
council's intent that a board member is not required to resign one board
position before being appointed to another board, but must resign the first
position before accepting appointment to the new board position.
   (d)   Notwithstanding Subsection (c), a person may serve on up to two boards
of directors of reinvestment zones established under the Tax Increment
Financing Act, as amended.
   (e)   A person appointed to a board must meet, at the time of appointment
and during the entire period of service on the board, all qualifications for
appointment to that board that are required by this section and any other
applicable provision of a city ordinance or the city charter. This subsection
does not apply to a qualification waived by the city council pursuant to
specific authority granted in a provision of a city ordinance or the city
charter applicable to the board to which the person is appointed.
   (f)   The city secretary, using resources available to the city, shall
inform the city council if any person nominated for appointment to a board has
been convicted of a misdemeanor offense, other than a traffic violation, or of
any felony offense.
   (g)   A person is not disqualified from board service under Subsection (a)
(6) if the person has entered into an agreement (authorized by the city, state
law, or court order) to pay the obligation on a scheduled payment plan and is
current on payments under the plan and in compliance with all terms and
conditions of the plan. Before the person is appointed or reappointed to any
board, the city secretary shall inform the city council if the person is on
such a payment plan. The city secretary shall monitor compliance with the
payment plan and notify the city council and the city attorney whenever the
person is not in compliance with the plan.
   (h)   Except as provided in this subsection, if a person does not meet or
continue to meet the qualifications set forth under this section, the city
secretary shall send the following:
      (1)   a notice that the person forfeits membership on the board due to
failure to satisfy a qualification requirement under Paragraph (1), (2), (5),
(6), or (7) of Subsection (a) of this section.
      (2)   a notice that the city secretary shall place an item on a council
agenda to consider appointment of the person to the board or removal of the
person from the board for failure to satisfy a qualification requirement under
Paragraph (3) or (4) of Subsection (a) of this section.
   (i)   City council may waive a special qualification requirement in other
chapters of the Dallas City Code when waiver would be in the public interest.
(Ord. Nos. 16525; 17087; 19983; 20016; 20488; 21933; 22495; 26007; 26246;
30555; 30789; 31504; 31505)
SEC. 8-1.5.   LIMITATION OF TERMS.
   (a)   A person who has served as a member of a particular board for four
consecutive two-year terms will not again be eligible to serve on that same
board until at least one term has elapsed, regardless of whether service was as
a member or chair.
   (a-1)   A person who has served on the board of the employees' retirement
fund pursuant to Section 40A-3(a)(1) of this code, as amended, for three
consecutive terms, of whatever length of time, will not again be eligible to
serve on that same board until at least one term has elapsed, whether service
was as a member, chair, or other position on the board.
   (b)   Notwithstanding Subsection (a), a person may serve as a member of a
particular board for the maximum number of terms that may be fixed for the
particular board by the city charter or federal law and will not again be
eligible to serve on that same board until at least one term has elapsed.
   (c)   In determining whether a full term has been served by a board member,
the same definition of "term" that applies to a city council member, as set
forth in Chapter III, Section 3A(c) of the city charter, will also apply to a
board member. (Ord. Nos. 22259; 22570; 24141; 30555)
ARTICLE II.
MEETINGS.
SEC. 8-2.   REGULAR MEETINGS.
   (a)   Each board shall determine the time and place of its meetings. Regular
meetings shall be scheduled weekly, monthly, semi-monthly, or quarterly, as the
responsibilities of the board necessitate, at a location within a public
building.
   (b)   Department directors will biennially inform the city secretary's
office of the board's regular meeting schedule, or at any other such time as
that schedule changes. (Ord. Nos. 14180; 20488; 30555)
SEC. 8-3.   SPECIAL MEETINGS.
   Special meetings may be called by the chair at any time and shall be called
by the chair upon written request of members comprising at least one-third of
the board. (Ord. Nos. 14180; 20488)
SEC. 8-4.   QUORUM.
   (a)   At the beginning of each regular or special meeting, the chair shall
determine whether or not a quorum exists in order to properly transact business
of the board. Unless otherwise provided by another city ordinance, the city
charter, or state law, a quorum exists when there are physically present a
simple majority of the number of members officially appointed to the board,
regardless of the total number of members actually provided for the board,
except that no board required to be composed of 15 or more members may have a
quorum of fewer than six members. If a quorum does not exist 30 minutes after
the time for which the meeting was called, the chair shall adjourn the meeting
and may call a special meeting in accordance with the Texas Open Meetings Act,
as amended.
   (b)   For purposes of calculating attendance, special meetings will not be
counted. (Ord. Nos. 14180; 20488; 23123; 30555)
SEC. 8-5.   RULES OF ORDER.
   Unless otherwise stipulated by the board or this chapter, proceedings of a
board shall in all cases be governed by rules of order as set forth in
“Robert’s Rules of Order.” (Ord. Nos. 14180; 20488)
SEC. 8-6.   PUBLIC CHARACTER OF MEETINGS AND ACTIONS; EXECUTIVE SESSIONS.
   (a)   All meetings of a board shall be open to the public unless pertaining
to matters authorized under the Texas Open Meetings Act, as amended, to be
discussed in executive session. All actions of the board shall be public and
sufficient copies of the minutes shall be made available by the coordinating
city staff member to the news media and other interested persons upon request.
   (b)   When meeting in executive session, a board shall publicly announce the
category under the Texas Open Meetings Act that permits the executive session,
tape record the executive session, and comply with all other requirements of
the Texas Open Meetings Act applicable to executive sessions.
   (c)   A printed agenda of items to be considered at each regular meeting
shall be posted for public inspection at least three days prior to the meeting.
   (d)   A board that has rulemaking or quasi-judicial power shall allow any
member of the public to address the board regarding any item on the board's
posted agenda at a designated time before or during the board's consideration
of the item. A board may adopt reasonable rules regarding the public's right to
address the body, including rules that limit the total amount of time that a
member of the public may address the body.
   (e)   If a board that has rulemaking or quasi-judicial power adopts a rule
placing a time limit on public comments, any member of the public requiring the
use of a translator to relay public comments shall be afforded twice the amount
of time as a member of the public who does not require a translator.
   (f)   Compliance with this section shall be the responsibility of the city
department designated to provide staff support to the board. The city secretary
shall be responsible for establishing guidelines for the security of all tapes
on which board executive sessions are recorded pursuant to Subsection (b).
(Ord. Nos. 14180; 20302; 20488; 30555; 31350)
SEC. 8-7.   NOTICE OF MEETINGS.
   Notice of all special and regular meetings of the board shall be published
in accordance with the Texas Open Meetings Act. (Ord. Nos. 14180; 20488)
SEC. 8-8.   REPORT OF MINUTES.
   Each board shall submit to the city secretary, within five days following
each regular and special meeting the following:
   (a)   a list of members absent from the meeting; and
   (b)   the approved minutes of each meeting, signed by the presiding officer.
(Ord. Nos. 14180; 20488; 30555)
ARTICLE III.
OFFICERS AND THEIR DUTIES.
SEC. 8-9.   CHAIR AND VICE-CHAIR.
   (a)   The chair shall preside at all meetings of the board. In the absence
of the chair, the vice-chair shall exercise the powers of the chair. The
seniority of the vice-chairs, if more than one, must be stipulated at the time
of their selections. If no chair or vice-chair is available, the board may
appoint a temporary chair. The first adjournment puts an end to this
appointment.
   (b)   The presiding officer shall rule on points of order and procedures
that are brought up in board meetings.
   (c)   If the chair and all vice-chairs are absent at the beginning of a
meeting, the board shall elect a temporary chair.
   (d)   In debate the chair must be referred to by official title and be
addressed by prefixing Mr. or Madam, as the case may be, to that title.
   (e)   Unless specifically provided otherwise in the ordinance or city
charter provision creating a particular board:
      (1)   The mayor shall appoint the chair of each board from among the
members appointed, subject to confirmation by the city council, and the vice-
chair of every board of the city must be appointed by the full city council,
unless otherwise provided in state law, city charter, or city code;
      (2)   no city board may have more than one vice-chair appointed to serve
on it at any given time, unless otherwise provided in state law, city charter,
or city code;
      (3)   the term of appointment for a chair or vice-chair must run
concurrently with his or her term of appointment to the board; and
      (4)   Notwithstanding paragraph (3) of this section, the chair or vice-
chair may be removed from the position of chair or vice-chair for any cause the
city council deems sufficient for removal in the interest of the public, but
only after a public hearing before the city council on charges publicly made,
if demanded by such member within 10 days. Removal of the position of chair or
vice chair does not affect the member's term of appointment to the board. (Ord.
Nos. 14180; 18997; 20488; 22259; 30555)
SEC. 8-10.   PRESERVATION OF ORDER.
   The chair shall preserve order and decorum and shall appoint a sergeant-at-
arms and a deputy to enforce compliance with the rules contained in this
chapter. The chair shall require members of the board engaged in debate to
limit discussion to the question under consideration. (Ord. Nos. 14180; 20488)
SEC. 8-11.   QUESTIONS TO BE STATED.
   The chair shall state all questions submitted for a vote, call for an
affirmative and negative vote, and announce the result. A roll call vote shall
be taken upon the request of any member. (Ord. Nos. 14180; 20488)
SEC. 8-12.   RESERVED.
   (Repealed by Ord. Nos. 18997; 20488)
ARTICLE IV.
DUTIES AND PRIVILEGES OF MEMBERS.
SEC. 8-13.   RIGHT TO FLOOR.
   When recognized by the chair, a member shall confine remarks to the question
under debate, avoid personalities, and refrain from impugning the motives of
any other member’s argument or vote. No member shall address the chair or
demand the floor while a vote is being taken. (Ord. Nos. 14180; 20488)
SEC. 8-14.   FINANCIAL INTEREST.
   (a)   A member stopped from voting on a matter for reasons of financial
interest shall:
      (1)   refrain from discussing the matter at any time with any other
member of the board or any other body that will consider the matter;
      (2)   leave the room during debate and hearing; and
      (3)   refrain from voting on the matter.
   (b)   Notwithstanding Subsection (a), a member of the board of directors of
a reinvestment zone established under the Tax Increment Financing Act, as
amended, may:
      (1)   own property within that reinvestment zone; and
      (2)   participate in discussions and voting on matters before the board
of directors that may directly or indirectly affect the member’s property
within the reinvestment zone. (Ord. Nos. 14180; 18560; 20488; 21961)
SEC. 8-14.1.   CONFIDENTIALITY.
   (a)   The confidentiality of any file, record, or other data received by a
board that pertains to a land purchase, security, personnel, or legal matter
shall be strictly maintained by every member.
   (b)   A member commits an offense if the member discloses to another person
confidential information obtained in the course of board duties.
   (c)   It is a defense to prosecution under Subsection (b) that the
disclosure was made:
      (1)   to another member of the same board or to city staff assigned to
the board; or
      (2)   as compelled testimony in a court proceeding.
   (d)   An offense under this section is punishable by a fine not to exceed
$500.
   (e)   Any board member determined by the city council to have violated this
section shall forfeit membership on the board. A board member required to
forfeit board membership under this section is entitled to a public hearing in
accordance with Section 17, Chapter XXIV of the city charter. (Ord. Nos. 19924;
20488)
SEC. 8-15.   RIGHT OF APPEAL.
   A member may appeal to the board from a ruling of the chair. If the appeal
is seconded, the member making the appeal may briefly state reasons for the
appeal and the chair may briefly explain the ruling, but there shall be no
debate on the appeal and no other member shall participate in the discussion.
The chair shall then put the question, “Shall the decision of the chair be
sustained?” If a majority of the members present vote “Aye,” the ruling of the
chair is sustained; otherwise it is overruled. (Ord. Nos. 14180; 20488)
SEC. 8-16.   LIMITATION OF DEBATE.
   No member shall be allowed to speak more than once upon any one subject
until every other member choosing to speak on the subject has spoken, and no
member shall speak more than twice upon any one subject, nor for a longer time
than five minutes, without a two-thirds affirmative vote of the board. (Ord.
Nos. 14180; 20488)
SEC. 8-17.   VOTING.
   Every member present when a question is put shall vote either “yes” or “no,”
unless the member is prevented from voting because of conflict of interests. A
member who is absent from the meeting during a vote and returns to or arrives
at the meeting before adjournment shall, upon returning or arriving, vote on
the question for the record unless prevented from voting by a conflict of
interests. A member recorded present during a meeting who does not vote and who
is not prevented from voting by a conflict of interests shall be recorded as
having voted in the affirmative, unless the member has obtained the consent of
the chair to leave the meeting and is absent for the remainder of the meeting.
(Ord. Nos. 14180; 14326; 20488)
SEC. 8-18.   DEMAND FOR ROLL CALL.
   Upon demand from any member, made before the negative has been put, the roll
shall be called for “Yeas” and “Nays” upon any question before the board. It
shall not be in order for members to explain their votes during the roll call.
(Ord. Nos. 14180; 20488)
SEC. 8-19.   PERSONAL PRIVILEGE.
   The right of a member to address the board on a question of personal
privilege shall be limited to cases in which the member’s integrity, character,
or motives are assailed, questioned, or impugned. (Ord. Nos. 14180; 20488)
SEC. 8-20.   ATTENDANCE.
   (a)   No member shall be excused from attendance at a board meeting, unless
for medical reasons certified to by a physician or unless excused by the board
and the city council. More than three unexcused absences in succession shall
result in a forfeiture.
   (b)   A member of the board that meets weekly or semi-monthly, who is absent
from more than 25 percent of the regular meetings in any six-month period,
whether excused or not, shall result in a forfeiture.
   (c)   A member of a board that meets monthly, who is absent from more than
25 percent of the regular meetings during any 12-month period, whether excused
or not, shall result in a forfeiture.
   (d)   An office that has been forfeited under the provisions of this section
shall be filled for the remainder of the term by appointment of the city
council.
   (e)   For purposes of this section, the record of a member's absences will
begin with the first regular meeting after the 15th day from the date the
member received notice of appointment. (Ord. Nos. 14180; 15848; 20488; 30555)
SEC. 8-20.1.   SPECIAL ATTENDANCE REQUIREMENTS.
   If a board or commission, as part of its decision-making process, schedules
an inspection trip to the location of a matter that is to be considered by the
board or commission at that day's meeting, a member will be counted absent
unless:
      (1)   the member attends both the inspection trip and the meeting;
      (2)   the member represents that a personal inspection has been made of
each location visited by the inspection trip and attends the meeting; or
      (3)   the board or commission, by rule, provides otherwise. (Ord. Nos.
17948; 20488; 30555)
SEC. 8-21.   EXCUSAL DURING MEETING.
   (a)    A member who leaves a board meeting after the board has been duly
called to order and is absent for the remainder of the meeting, without first
obtaining the consent of the chair, shall be charged with an unexcused absence
for that meeting. The consent of the chair may be given only in an emergency
beyond the control of the member that requires the member to leave the meeting.
   (b)   If a member is absent from more than 50 percent of a regular meeting,
the member will be deemed absent and the absence will count against the member,
unless the board, by rule, provides otherwise. (Ord. Nos. 14180; 14326; 20488;
30555)
ARTICLE V.
CODE OF CONDUCT.
SEC. 8-22.   BOARD MEMBERS.
   (a)   During board meetings, board members shall preserve order and decorum
and shall neither, by conversation or otherwise, delay or interrupt the
proceedings nor refuse to obey the orders of the chair or the rules of the
board.
   (b)   Every board member desiring to speak shall address the chair and, upon
recognition by the chair, shall limit remarks to the question under debate and
shall avoid discussion of personalities and indecorous language.
   (c)   A board member, once recognized, shall not be interrupted while
speaking unless called to order by the chair, except when a point of order is
raised by another member or the speaker chooses to yield to questions from
another member. If a board member is called to order while speaking, the member
shall cease speaking immediately until the question of order is determined. If
ruled to be in order, the member shall be permitted to proceed. If ruled to be
not in order, the member shall remain silent or otherwise comply with rules of
the board.
   (d)   All members of the board shall accord the utmost courtesy to each
other, to city employees, and to members of the public appearing before the
board and shall refrain at all times from rude and derogatory remarks,
reflection as to integrity, abusive comments, and statements as to motives and
personalities.
   (e)   Board members shall confine their questions as to the particular
matters before the assembly and, in debate, shall confine their remarks to the
issues before the board.
   (f)   Members shall be removed from the meeting for failure to comply with
decisions of the chair or continued violations of the rules of the board. If
the chair fails to act, any member may move to require the chair to enforce the
rules, and the affirmative vote of a majority of the board shall require the
chair to act. (Ord. Nos. 14180; 20488)
SEC. 8-23.   ADMINISTRATIVE STAFF.
   (a)   Members of the administrative staff and employees of the city may
attend board meetings but shall observe the same rules of procedure and decorum
applicable to members of the board.
   (b)   All remarks and questions addressed to the board by a staff member
shall be addressed to the board as a whole and not to any individual member.
   (c)   No staff member, other than a staff member having the floor, shall
enter into discussion either directly or indirectly without permission of the
chair. (Ord. Nos. 14180; 20488)
SEC. 8-24.   NEWS MEDIA MEMBERS.
   (a)   During the conduct of official business, members of the news media
shall occupy spaces allocated for them.
   (b)   Members of the news media shall refrain from conversing privately with
other persons in the meeting room during the conduct of official business.
   (c)   Interview of persons attending board meetings shall be conducted
outside the meeting room. (Ord. Nos. 14180; 20488)
SEC. 8-25.   MEMBERS OF THE PUBLIC.
   (a)   Citizens are welcome to attend all official meetings of city boards
and will be admitted to the meeting room up to the fire safety capacity of the
room.
   (b)   Members of the public attending board meetings shall observe the same
rules of propriety, decorum, and good conduct applicable to members of the
board. Any person making personal, impertinent, and slanderous remarks, or who
becomes boisterous while addressing the board or while attending the board
meeting, shall be removed from the room if the sergeant-at-arms is so directed
by the chair, and the person shall be barred from attendance for the balance of
the meeting.
   (c)   Unauthorized remarks from the audience, stamping of feet, whistles,
yells, and similar demonstrations shall not be permitted by the chair, who
shall direct the sergeant-at-arms to remove offenders from the room. Aggravated
cases shall be prosecuted on appropriate complaint signed by the chair. If the
chair fails to act, any member of the board may move to require the chair to
act to enforce the rules, and the affirmative vote of the majority of the board
shall require the chair to act. (Ord. Nos. 14180; 20488)
ARTICLE VI.
ADMINISTRATIVE PROCEDURES.
SEC. 8-26.   BOARD RECOMMENDATIONS.
   (a)   All recommendations, resolutions, reports, and findings of a board
shall be submitted through established administrative procedures within the
city to the appropriate city department or the city council. In no event shall
the members of the board, either individually or as a board, circumvent the
administrative procedure through which such information is to pass. If no
action is taken, or the resolution or suggestion is not properly passed to the
city council or appropriate city officials, then, upon motion duly made,
seconded, and passed by a majority of the members, the chair of the board shall
be directed and authorized to make known the wishes of the board to the city
council or appropriate city official.
   (b)   Unless approved by the city council, members of a board, either
individually or as a board, shall not present board recommendations,
resolutions, reports, or findings to persons or agencies outside the city
organization except in the ordinary course of official board meetings. (Ord.
Nos. 14180; 16226; 20488)
SEC. 8-27.   DEALINGS WITH CITY EMPLOYEES.
   Under no circumstances shall members of a board or commission interfere in
any manner with the employees or personnel who work with or under the board,
but they shall in all cases make their wishes known to the head of the
department, who shall handle the matter with employees the same as in other
employee-personnel problems. The board shall confine itself to the guidelines
provided in the charter, appointing ordinance, or resolution that sets out the
duties of the board. (Ord. Nos. 14180; 20488)
SEC. 8-28.   LEGAL OPINIONS.
   If a legal opinion has been rendered by the city attorney regarding a
board’s powers, duties, or responsibilities, that board shall conform its
actions in accordance with the opinion of the city attorney unless such opinion
is in conflict with a decision by a court of competent jurisdiction. (Ord.
21132)
CHAPTER 8A
BOARDING HOME FACILITIES
ARTICLE I.
GENERAL PROVISIONS.
Sec.
8A-1.   Purpose.
Sec.
8A-2.   Definitions.
Sec.
8A-3.   Authority of director.
ARTICLE II.
ADMINISTRATIVE.
Sec.
8A-4.   License required.
Sec.
8A-5.   Exemptions.
Sec.
8A-6.   License application.
Sec.
8A-7.   Notification of change of information.
Sec.
8A-8.   Fees.
Sec.
8A-9.   Issuance and denial of license.
Sec.
8A-10.   Prohibition of new residents; suspension of license.
Sec.
8A-11.   Revocation of license.
Sec.
8A-12.   Appeals of denials, suspensions, and revocations.
Sec.
8A-13.   Expiration and renewal of license.
Sec.
8A-14.   Nontransferability.
Sec.
8A-15.   Records.
Sec.
8A-16.   Posting requirements.
Sec.
8A-17.   Emergency response information.
Sec.
8A-18.   Failure to pay ad valorem taxes, fees, fines, and penalties.
Sec.
8A-19.   Reasonable accommodations.
Sec.
8A-20.   Inspections; fees.
Sec.
8A-21.   Reports to the Texas Health and Human Services Commission.
Sec.
8A-21.1.   When written notice is deemed delivered.
ARTICLE III.
STRUCTURE AND MAINTENANCE.
Sec.
8A-22.   Construction, remodeling, and maintenance.
Sec.
8A-23.   Sleeping rooms.
Sec.
8A-24.   Bathroom facilities.
Sec.
8A-25.   Telephone.
Sec.
8A-26.   Laundry facilities.
Sec.
8A-27.   Kitchen.
Sec.
8A-28.   Dining room.
ARTICLE IV.
RESIDENT HEALTH AND SAFETY.
Sec.
8A-29.   Emergency precautions.
Sec.
8A-30.   Water quality.
Sec.
8A-31.   Linens and laundry.
Sec.
8A-32.   Poisonous, toxic, and flammable materials.
Sec.
8A-33.   Food and drink; meals.
Sec.
8A-34.   Policies and procedures to ensure resident health and safety.
Sec.
8A-35.   Assistance with self-administration of medication.
Sec.
8A-36.   Requirements for in-service education of boarding home facility staff.
Sec.
8A-37.   Criminal history.
Sec.
8A-38.   Qualifications to own, operate, or work in facilities with persons
recovering from substance or alcohol abuse.
Sec.
8A-39.   Assessment and periodic monitoring of residents.
ARTICLE V.
ENFORCEMENT.
Sec.
8A-40.   Violations; penalty.
Sec.
8A-41.   Retaliation against residents prohibited.
ARTICLE I.
GENERAL PROVISIONS.
SEC. 8A-1.   PURPOSE.
   (a)   The purposes of this chapter are to ensure that:
      (1)   residents of boarding home facilities live in safe, sanitary, and
decent housing;
      (2)   these residents are not abused, neglected, or exploited by the
owners, operators, or employees of boarding home facilities;
      (3)   adequate fire-rescue and police personnel and vehicles are
available to serve these residents; and
      (4)   the city can identify and facilitate appropriate responses for
residents who may require special assistance during an emergency or at any
other time.
   (b)   The city is accomplishing those purposes by implementing standards for
construction, maintenance, reporting, record-keeping, education, and care for
the protection of the health, safety, and welfare of residents of boarding home
facilities. These standards are implemented pursuant to the city’s home-rule
authority under Article XI, Section 5 of the Texas Constitution and the
authority to license lawful businesses subject to the city’s police power
granted by Sections 54.004 and 215.075 of the Texas Local Government Code.
   (c)   The city council also intends that this chapter fully comply with the
Federal Fair Housing Amendments Act of 1988 (“FHAA”), as amended, the Americans
with Disabilities Act of 1990 (“ADA”), as amended, and all other applicable
state and federal legislation. It is the express intent of the city council
that this chapter be construed in a manner consistent with the FHAA, the ADA,
and all other applicable state and federal legislation at all times. (Ord.
28706)
SEC. 8A-2.   DEFINITIONS.
   Unless the context clearly indicates otherwise, in this chapter:
      (1)   ABUSE means:
         (A)   the negligent or wilful infliction of injury, unreasonable
confinement, intimidation, or cruel punishment with resulting physical or
emotional harm or pain to a resident by the person’s caretaker, family member,
or other individual who has an on- going relationship with the person; or
         (B)   sexual abuse of a resident, including any involuntary or non-
consensual sexual conduct that would constitute an offense under Section 21.08
of the Texas Penal Code (indecent exposure), as amended, or Chapter 22 of the
Texas Penal Code (assaultive offenses), as amended, committed by the person’s
caretaker, family member, or other individual who has an on-going relationship
with the person.
      (2)   ALCOHOL means any beverage containing more than one-half of one
percent of alcohol by volume, which is capable of use for beverage purposes,
either alone or when diluted.
      (3)   ASSISTANCE WITH SELF- ADMINISTRATION OF MEDICATION means:
         (A)   assisting a resident by reminding the resident to take
medication;
         (B)   opening and removing medications from a container;
         (C)   placing medication in a resident’s hand or in or on a clean
surface such as a medication reminder box; and
         (D)   reminding a resident when a prescription medication needs to be
refilled.
      (4)   BOARDING HOME FACILITY means an establishment that:
         (A)   furnishes, in one or more buildings, lodging to three or more
persons who are unrelated to the owner of the establishment by blood or
marriage; and
         (B)   provides community meals, light housework, meal preparation,
transportation, grocery shopping, money management, laundry services, or
assistance with self-administration of medication but does not provide personal
care services to those persons.
      (5)   CONTROLLED SUBSTANCE means a substance regulated under 21 C.F.R. §
1308, as amended.
      (6)   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.
      (7)   DEPARTMENT means the department designated by the city manager to
enforce and administer this chapter.
      (8)   DIRECT THREAT means a significant risk to the health or safety of
one or more individuals that cannot be eliminated by a modification of
policies, practices, or procedures, or by the provision of auxiliary aids or
service.
      (9)   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.
      (10)   DISABILITY means a disability as defined in 42 U.S.C. § 12102, as
amended.
      (11)   EMERGENCY CONDITION means any fire, natural disaster, collapse
hazard, burst pipe, leaking sewage, lack of working utilities, dangerous
utilities, serious police incident, or other condition that requires an
immediate response to prevent harm to the property, the occupants of the
property, or the public.
      (12)   EMPLOYEE means any individual who performs caretaking duties or
regularly works in a boarding home facility for any form of compensation or
consideration.
      (13)   EXPLOITATION means the illegal or improper act or process of an
owner, operator, employee, caretaker, family member, or other individual who
has an on-going relationship with the resident using the resources of a
resident for monetary or personal benefit, profit, or gain without the informed
voluntary consent of the resident.
      (14)   GOOD NEIGHBOR AGREEMENT means a contract between the city and a
licensee whereby the city agrees to defer one or more forms of enforcement
action in consideration for the licensee agreeing to perform actions, or
refrain from performing actions, that are not already required or prohibited by
city ordinance, rule, or regulation, or any county, state, or federal law or
regulation and that enhances the peace, health, safety, good morals, and
general welfare of the residents and employees of the boarding home facility
and the surrounding community.
      (15)   INJURY, INCIDENT, OR UNUSUAL ACCIDENT means an event that occurred
in the boarding home facility, on the grounds of the boarding home facility, or
under the licensee's supervision and resulted in a change in a resident's
physical or mental status that requires intervention by a private or public
entity responsible for medical or mental health services or an event that
requires the facility to take safety and protection measures for the resident
or others. This term includes, but is not limited to, the following:
         (A)   An allegation of abuse, neglect, or exploitation.
         (B)   Death.
         (C)   A resident's unexplained absence from the boarding home
facility.
         (D)   Fire.
         (E)   Criminal acts.
         (F)   Fights between residents.
      (16)   LICENSEE means:
         (A)   a person in whose name a boarding home facility license has been
issued;
         (B)   each individual listed as an owner or operator of the boarding
home facility on a pending or approved application for a boarding home facility
license;
         (C)   each individual who has a 20 percent or greater ownership
interest in the corporation or other legal entity owning or operating the
boarding home facility, regardless of whether the individual's name or
signature appears on the pending or approved boarding home facility license
application;
         (D)    each officer, director, and board member of the corporation or
other legal entity owning or operating a boarding home facility, regardless of
whether the individual's name or signature appears on the pending or approved
boarding home facility license application; and
         (E)   each individual that exercises substantial de facto control over
a boarding home facility regardless of whether the individual's name or
signature appears on the pending or approved boarding home facility license
application.
      (17)   NEGLECT means the failure of a resident or licensee to provide
goods or services, including medical services, that are necessary to avoid
physical or emotional harm or pain.
      (17.1)   OPERATE means to manage, run, or be in control of a boarding
home facility.
      (18)   OPERATOR means any person exerting control over a boarding home
facility, including, any sole proprietor, his or her agent, and any officer,
director, board member, staff member, or agent of a corporation or other legal
entity who has managerial control of the on-site, day-to-day operations of a
boarding home facility, regardless of whether that person is listed as an
operator on the boarding home facility license application.
      (18.1)   OWN means a right by law to possess, manage, sell, or donate
property.
      (19)   OWNER means an individual who owns a boarding home facility as a
sole proprietorship, an individual who has 20 percent or greater ownership
interest in a corporation or other legal entity that owns or operates a
boarding home facility, a non-profit entity that owns or operates a boarding
home facility, or the owner of the real property where a boarding home facility
is located.
      (20)   PERSONAL CARE SERVICES means:
         (A)   assistance with meals, dressing, movement, bathing, or other
personal needs or maintenance;
         (B)   the administration of medication by a person licensed to
administer medication or the assistance with or supervision of medication; or
         (C)   general supervision or oversight of the physical and mental
well-being of a person who needs assistance to maintain a private and
independent residence in an assisted living facility or who needs assistance to
manage the person’s personal life, regardless of whether a guardian has been
appointed for the person.
      (21)   RESIDENT means a person who is residing in a boarding home
facility.
      (22)   VOLUNTEER means a person who is not an employee and works at or
for a boarding home facility without any expectation of or entitlement to any
form of compensation. (Ord. Nos. 28706; 29753)
SEC. 8A-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 or other city ordinances, rules, or regulations, or any county,
state, or federal laws or regulations, as the director determines are necessary
to discharge any duty under or to effect the policy of this chapter. (Ord.
28706, eff. 10-1-12)
ARTICLE II.
ADMINISTRATIVE.
SEC. 8A-4.   LICENSE REQUIRED.
   (a)   A person commits an offense if he owns or operates a boarding home
facility in the city without a valid license issued under this chapter. A
separate license is required for each boarding home facility that a person
operates.
   (b)   It is a defense to prosecution under this section if a person operates
a boarding home facility while an application under Section
8A-6 is pending.
   (c)   It is a defense to prosecution under this section if a person operates
a facility listed in Section
8A-5 of this chapter. (Ord. Nos. 28706; 29753; 32397)
SEC. 8A-5.   EXEMPTIONS.
   (a)   This chapter does not apply to the following:
      (1)   Home and community support services licensed under Chapter 142 of
the Texas Health and Safety Code, as amended.
      (2)   Convalescent and nursing homes and related institutions licensed
under Chapter 242 of the Texas Health and Safety Code, as amended.
      (3)   Continuing care facilities licensed under Chapter 246 of the Texas
Health and Safety Code, as amended.
      (4)   Assisted living facilities licensed under Chapter 247 of the Texas
Health and Safety Code, as amended.
      (5)   Intermediate care facilities for the mentally retarded licensed
under Chapter 252 of the Texas Health and Safety Code, as amended.
      (6)   A person that provides home health, hospice, or personal assistance
services only to persons enrolled in a program funded wholly or partly by a
state agency with jurisdiction over mental health and mental disability and
monitored by that state agency or its designated local authority in accordance
with standards set by that agency.
      (7)   An establishment conducted by or for persons who have a sincere
religious belief in providing facilities to care and treat the sick by
depending exclusively on prayer or spiritual means for healing, without the use
of any drug or material remedy, if the establishment complies with safety,
sanitary, and quarantine laws and rules including Sections
8A-22,
8A-23,
8A-24,
8A-27(h),
8A-29,
8A-30,
8A-31,
8A-32,
8A-33, and
8A-34 of this chapter.
      (8)   A hotel as defined by Section 156.001 of the Texas Tax Code, as
amended.
      (9)   A retirement community as defined by Section 11.18 of the Texas Tax
Code, as amended.
      (10)   A monastery or convent as defined by Section
51A-4.204 of the Dallas Development Code, as amended.
      (11)   A child-care facility as defined by Section 42.002 of the Texas
Human Resources Code, as amended.
      (12)   A family violence shelter center as defined by Section 51.002 of
the Texas Human Resources Code, as amended.
      (13)   A college dormitory, fraternity, or sorority house as defined by
Section
51A-4.209 of the Dallas Development Code, as amended.
      (14)   A facility listed in this section with a pending application for a
state license falling within one of the above-listed exemption categories.
   (b)   The director may inspect an establishment described in Subsection (a)
(7) for the purpose of ascertaining whether any violations of any safety,
sanitary, and quarantine laws and rules, including Sections
8A-22,
8A-23,
8A-24,
8A-27(h),
8A-29,
8A-30,
8A-31,
8A-32,
8A-33, and
8A-34 of this chapter exist. If the director identifies any violation or if the
owner, occupant, or person in control of the establishment denies permission to
search any part of the interior or exterior of the structure or the surrounding
premises, the establishment is not exempt from the application of Sections
8A-4(a),
8A-40, or any other provisions of this chapter. (Ord. Nos. 28706; 29753)
SEC. 8A-6.   LICENSE APPLICATION.
   (a)   To obtain a license to operate a boarding home facility, a person must
submit an application to the director on a form provided for that purpose. The
applicant must be the owner or operator of the boarding home facility. If the
owner or operator is not an individual, an authorized officer or agent of the
owner or operator must file the form. The application must contain the
following information and be accompanied by the fee, if any, required under
Section
8A-8 of this chapter before it is considered to be complete:
      (1)   The name, street address, mailing address, e-mail address,
telephone number, a legible copy of the driver's license or other official
state or federal identification card, and date of birth of the applicant. The
street address may not be the address of the boarding home facility unless the
applicant actually resides full-time at the boarding home facility.
      (2)   The name, street address, mailing address, e-mail address,
telephone number, a legible copy of the driver's license or other official
state or federal identification card, and position of the authorized officer or
agent filing the form on behalf of the applicant, if the applicant is not an
individual. The street address may not be the address of the boarding home
facility unless the authorized officer or agent actually resides full-time at
the boarding home facility.
      (3)   The form of business of the applicant; the name, street address,
mailing address, e-mail address, telephone number, a legible copy of the
driver's license or other official state or federal identification card, and
date of birth of a high managerial agent of the business; and, if the business
is a legal entity, such as a corporation or association, a copy of the
documents establishing the business.
      (4)   The street address and telephone number of the boarding home
facility.
      (5)   The name, street address, mailing address, e-mail address, and
telephone number of a person or persons to contact in an emergency as required
by Section
8A-17 of this chapter.
      (6)   Documentary evidence of payment of ad valorem taxes, fees, fines,
and penalties owed to the city in connection with the boarding home facility or
documentary evidence that the applicant is current on a payment plan for any
back ad valorem taxes, fees, fines, and penalties owed to the city in
connection with the boarding home facility.
      (7)   The names, street addresses, mailing addresses, e-mail addresses,
telephone numbers, legible copies of the drivers' licenses or other official
state or federal identification cards, and dates of birth of any owners,
operators, employees, and volunteers of the boarding home facility other than
the applicant. The street address may not be the address of the boarding home
facility, unless the owner, operator, or employee actually resides full-time at
the boarding home facility.
      (8)   If the owner or operator of the boarding home facility is not also
the owner of the property on which the boarding home facility is located, a
letter signed by the owner of the property stating that the applicant has
permission to operate a boarding home facility on the property and
acknowledging the requirements for the property to be used as a boarding home
facility as set forth in this chapter. If the owner of the property is an
entity, the letter must be on official letterhead and signed by an officer of
the entity or other person with the authority to make binding representations
on the entity's behalf regarding the use of the property.
      (9)   Criminal history reports for each owner, operator, employee, and
volunteer of the boarding home facility showing that they are not disqualified
to own, operate, or work at a boarding home facility under Section 8A-37 of
this chapter. Such reports must include a current official Texas criminal
history report (issued within the preceding 12 months) for each owner,
operator, employee, and volunteer of the boarding home facility as well as an
official criminal history report issued within the preceding 12 months from all
other states in which an owner, operator, employee, or volunteer has resided
within the past 10 years.
      (10)   The maximum number of residents that will reside at the boarding
home facility.
      (11)   The services to be offered or provided to the residents of the
boarding home facility.
      (12)   Proof that the proposed use of the property complies with the
Dallas Development Code.
      (13)   If the boarding home facility has one or more residents with a
disability, a list of the categories of disabilities of the residents (vision
impairment, hearing impairment, mobility impairment, dementia, and other).
      (14)   A sworn certification from the applicant, owner, or operator that
the boarding home facility does not have, and will not have, any residents with
an addiction to alcohol or a controlled substance, or alternatively, a document
that describes the applicant's, owner's, or operator's plan for ensuring that
the residents who are addicted to alcohol or a controlled substance, or who are
recovering from such an addiction, refrain from using alcohol or the controlled
substance, including all rules by which residents must abide, as required by
Section
8A-34 of this chapter.
      (15)   A statement that, by filing the application, the applicant swears
or affirms under penalty of perjury that, to the best of the applicant's
knowledge, all information contained in the application is true and correct and
that the application is complete and includes all information required to be
disclosed under this section.
      (16)   A survey showing the location and distances of the boarding home
facility from other boarding home facilities and group dwelling facilities
located within 2,000 feet. For purposes of this paragraph, group dwelling
facility includes a group residential facility and handicapped group dwelling
unit, as those terms are defined in Section
51A-4.209 of the Dallas City Code. For purposes of this paragraph, the distance
between uses is measured in a straight line, without regard to intervening
structures or objects, between the nearest boundaries of the building sites on
which the uses are located. (Note: The spacing component of these regulations
is based, not on the handicapped status of the residents, but on the non-family
status of the groups.)
      (17)   Such additional information as the applicant desires to include or
that the director deems necessary to aid in the determination of whether the
requested license should be granted.
   (b)   If the applicant failed to provide all of the information required by
Subsection (a) or to pay the fee required by Section
8A-8 of this chapter, the director shall give the applicant notice in writing
by certified mail, return receipt requested, of the application's deficiencies.
   (c)   The application will automatically expire if either the fee or the
information requested in Subsection (b) is not provided to the director within
30 days of the date written notice was sent to applicant by the director.
   (d)   The director, at his sole discretion, may extend the 30-day deadline
to provide the fee or information requested in Subsection (b). (Ord. Nos.
28706; 29753; 32397)
SEC. 8A-7.   NOTIFICATION OF CHANGE OF INFORMATION.
   The licensee shall notify the director within 10 days after any material
change in the information contained in the application for a license to operate
a boarding home facility, including any change in ownership or operation of the
property, any new criminal convictions or charges brought against a boarding
home facility's owners, operators, employees, or volunteers and any new
categories of disabilities served by the boarding home facility. (Ord. Nos.
28706; 29753)
SEC. 8A-8.   FEES.
   (a)   The fee for a license to operate a boarding home facility is $889.
   (b)   No refund of a license fee will be made. (Ord. Nos. 28706; 29753;
32397; 32556)
SEC. 8A-9.   ISSUANCE AND DENIAL OF LICENSE.
   (a)   Approval. Upon the submission of a complete application, the director
shall issue a license to operate a boarding home facility to the applicant if
the director determines:
      (1)   the applicant has complied with all requirements for issuance of
the license;
      (2)   the applicant, owners, operators, employees, and volunteers of the
boarding home facility meet the criminal history qualifications of Section
8A-37 of this chapter;
      (3)   the applicant, owners, operators, or employees of the boarding home
facility do not own or operate another licensed boarding home facility in the
city for which the license is currently suspended or has been revoked within
the past 12 months;
      (4)   the applicant has not made a false statement as to a material
matter in the application for a license;
      (5)   the condition and use of the boarding home facility comply with the
zoning regulations in the Dallas Development Code, the minimum housing
standards in
Chapter 27, and the standards in this chapter applicable to the property;
      (6)   the applicant, owners, and operators are not delinquent in any ad
valorem taxes, fees, fines, or penalties owed to the city in relation to the
property where the boarding home facility is located or have established and
are current on a payment plan for any delinquent ad valorem taxes, fees, fines,
or penalties owed; and
      (7)   the applicant, owners, and operators of the boarding home facility
have not had a license for that boarding home facility revoked within the past
12 months.
   (b)   Denial. The director shall deny the license if:
      (1)   the director determines that the requirements of Subsection (a)
have not been met; or
      (2)   the boarding home facility is located within 2,000 feet of another
boarding home facility or group dwelling facility.
         (A)   This paragraph does not apply to a boarding home facility
licensed before February 22, 2023 and that continuously maintains a boarding
home license.
         (B)   For purposes of this paragraph, group dwelling facility includes
a group residential facility and handicapped group dwelling unit, as those
terms are defined in Section
51A-4.209 of the Dallas City Code. For purposes of this paragraph, the distance
between uses is measured in a straight line, without regard to intervening
structures or objects, between the nearest boundaries of the building sites on
which the uses are located. (Note: The spacing component of these regulations
is based, not on the handicapped status of the residents, but on the non-family
status of the groups.)
   (c)   Notification. If the director determines that an applicant should be
denied a license, 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. Nos. 28706; 29753; 32397)
SEC. 8A-10.   PROHIBITION OF NEW RESIDENTS; SUSPENSION OF LICENSE.
   (a)   The director may suspend a boarding home facility license for a period
not to exceed 90 days if the director finds that:
      (1)   the licensee or employee of the boarding home facility failed to
comply with any provision of this chapter, any other ordinance, or any state or
federal law applicable to the operation of a boarding home facility;
      (2)   the licensee or employee of the boarding home facility
intentionally or knowingly impeded or refused to allow an inspection by the
director authorized under this chapter; or
      (3)   the possession, use, or sale of a controlled substance occurs at a
boarding home facility.
   (b)   A boarding home facility for which the license has been suspended must
provide a list of current residents to the director on the first day of the
suspension and may not admit new residents during the time the license is
suspended.
   (c)   The director, at his sole discretion, may enter into a good neighbor
agreement with a licensee if the director determines that the good neighbor
agreement would eliminate the noncompliance that would otherwise justify a
suspension, result in prompt future inspections, and elevate one or more
conditions at the boarding home facility to a standard above the requirements
of this chapter.
   (d)   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.
   (e)   A licensee whose license is suspended may not be granted a license to
operate additional boarding home facilities during the period of suspension.
   (f)   A licensee commits an offense if he operates or owns a boarding home
facility that admits new residents during the time that the suspension of the
license is in effect. (Ord. Nos. 28706; 29753)
SEC. 8A-11.   REVOCATION OF LICENSE.
   (a)   Except as provided in Subsection (b), the director shall revoke any
license issued to operate a boarding home facility if the director determines
that:
      (1)   the licensee fails to meet the criminal history qualifications of
Section
8A-37 of this chapter or allows an employee or volunteer to work at the
facility who fails to meet the criminal history qualifications;
      (2)   the licensee intentionally made a false statement as to a material
matter in the application or in a hearing concerning the license;
      (3)   the licensee failed to pay a fee required by this chapter at the
time it was due; or
      (4)   a cause for suspension under Section
8A-10 has occurred and the license has already been suspended at least once
within the preceding 12 months.
   (b)   The director, at his sole discretion, may enter into a good neighbor
agreement with a licensee if the director determines that the good neighbor
agreement would eliminate the noncompliance that would otherwise justify a
revocation, result in prompt future inspections, and elevate one or more
conditions at the boarding home facility to a standard above the requirements
of this chapter.
   (c)   Before revoking a license under Subsection (a), the director shall
notify the licensee in writing by certified mail, return receipt requested,
that the license is being considered for revocation. The notice must include
the reason for the proposed revocation, action the licensee must take, if any,
to prevent the revocation, and a statement that the licensee has 10 days to
comply with the notice.
   (d)   If, after 10 days from the date of the notice required in Subsection
(c) was sent or delivered, the licensee has not complied with required actions
listed in the notice, the director shall revoke the license and notify the
licensee in writing of the revocation by certified mail, return receipt
requested. The notice must include the reason for the revocation, and a
statement informing the licensee of the right of appeal.
   (e)   If a boarding home facility license has been revoked, the licensee may
not apply for a new license for 12 months from the date of revocation.
   (f)   If a boarding home facility license has been revoked, the licensee has
10 days to relocate residents of the facility and cease operations.
   (g)   If a licensee does not relocate residents of the facility within 10
days of revocation of a boarding home facility license, the director may
relocate residents and seek to recover relocation costs from the licensee.
(Ord. Nos. 28706; 29753; 32397)
SEC. 8A-12.   APPEALS OF DENIALS, SUSPENSIONS, AND REVOCATIONS.
   (a)   If the director denies issuance or renewal of a license or suspends or
revokes a license issued under this chapter, the action is final unless the
licensee files an appeal with the permit and license appeal board in accordance
with Section
2-96 of this code.
   (b)   The filing of an appeal stays the action of the director 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 the permit and license
appeal board makes a final decision.
   (c)   A good neighbor agreement may not be appealed.
   (d)   The permit and license appeal board may not impose a good neighbor
agreement in connection with an appeal of a suspension or revocation.
   (e)   The permit and license appeal board shall consider the facts as they
existed at the time of the license denial, suspension, or revocation in making
its decision.
   (f)   The applicant or licensee has the burden of proof on appeal. (Ord.
Nos. 28706; 29753)
SEC. 8A-13.   EXPIRATION AND RENEWAL OF LICENSE.
   (a)   A license to operate a boarding home facility expires one year after
the date of issuance. A pending application for renewal does not extend the
expiration date of a previously issued license.
   (b)   A licensee shall apply for renewal at least 30 days before the
expiration of the license on a form provided by the director. The licensee
shall submit the fee, if any, prescribed by Section
8A-8 of this chapter, supply updated criminal background checks for all owners,
operators, employees, and volunteers in accordance with Sections
8A-6(a)(9) and
8A-37 of this chapter, and update information contained in the original license
application required under Section
8A-6 of this chapter, or any subsequent renewals under this section, if any of
the information has changed. The licensee shall also sign a statement under
penalty of perjury affirming that there is either no change in the information
contained on the original license application and any subsequent renewal
applications, or that the information that has been updated is accurate and
complete.
   (c)   The director shall follow the procedures set forth in Section 8A-
9 when determining whether to renew a license. (Ord. Nos. 28706; 29753)
SEC. 8A-14.   NONTRANSFERABILITY.
   A license to operate a boarding home facility and a license fee under
Section 8A-8 is not transferable to another owner, operator, applicant, or
location. (Ord. Nos. 28706; 32397)
SEC. 8A-15.   RECORDS.
   (a)   The licensee shall maintain the records listed in Subsection (b)
either at the boarding home facility to which the records pertain or at a
single location within the city. The licensee shall make those records
available for inspection by the director or a peace officer at reasonable times
upon request for purposes of administering this chapter.
   (b)   Records that must be maintained by the licensee include, but are not
limited to:
      (1)   current records of ownership of the property where the boarding
home facility is located;
      (2)   a copy of any current good neighbor agreement as described in
Sections
8A-10 and
8A-11;
      (3)    a copy of the boarding home facility's privacy policy, as required
by Section
8A-34;
      (4)   records demonstrating compliance with applicable laws and
regulations, as required by Section
8A-20;
      (5)   records documenting that each resident has received training on the
emergency evacuation plan of the boarding home facility at least two times per
calendar year, as required by Section
8A-29;
      (6)   records documenting that each resident was shown how to use all
emergency exits from the facility within 24 hours of arrival at the facility,
as required by Section
8A-30;
      (7)   records documenting the results of water sample testing if the
boarding home facility obtains drinking water from a water well, as required by
Section
8A-30;
      (8)   records documenting the initial screening of potential residents
and the individualized assessments of residents, as required by Section
8A-34;
      (9)   records documenting whether residents have taken, or been reminded
to take, their medication, as required by Section
8A-34;
      (10)   records documenting injuries, incidents, and unusual accidents
that involve residents, as required by Section
8A-34;
      (11)   records documenting any allegations of abuse, neglect, or
exploitation of a resident, as required by Section
8A-34;
      (12)   financial records for each resident for which the licensee is the
representative payee or assists the resident with general money management, as
required by Section
8A-34;
      (13)   a copy of the service agreement signed by each current resident,
as required by Section
8A-34;
      (14)   records documenting required in-service education of boarding home
facility staff;
      (15)   records documenting annual assessment and periodic monitoring of
current residents to determine if residents are capable of self-administering
medication and completing basic elements of personal care, as required by
Section
8A-39;
      (16)   a roll of current residents, including their date of arrival,
assigned room, and the name, address, and telephone number of the person or
entity that referred them to the facility;
      (17)   a roll of former residents, including their date of departure, and
the name, address, and telephone number of the person or entity in control of
the residence to which they moved (if known);
      (18)   records documenting any work-related compensation received by each
resident, as required by Section
8A-34 of this chapter; and
      (19)   any other records deemed necessary by the director for the
administration and enforcement of this chapter.
   (c)   Except as otherwise provided, a licensee shall maintain a record that
concerns a resident for three years after the resident no longer resides at the
boarding home facility.
   (d)   Except as otherwise provided, a licensee shall maintain a record that
does not concern a resident for three years. (Ord. Nos. 28706; 29753)
SEC. 8A-16.   POSTING REQUIREMENTS.
   The licensee shall prominently and conspicuously post for display in a
public area inside the boarding home facility that is readily available to
residents, the operator, employees, and visitors the following:
      (1)   The license issued under this chapter to operate the boarding home
facility. The license must be presented upon request to the director or to a
peace officer for examination.
      (2)   A sign prescribed by the director specifying how complaints may be
registered with the city.
      (3)   A notice in a form prescribed by the director stating that
inspection reports are available at the facility for public inspection and
providing a telephone number that may be used to obtain information concerning
the facility. The licensee shall redact inspection reports where necessary to
protect residents' privacy.
      (4)   A copy of the most recent inspection report relating to the
facility by the city or a concise and accurate summary of that inspection
report. The licensee shall redact inspection reports where necessary to protect
residents' privacy.
      (5)   A notice in a form prescribed by the director that lists the name,
location, and contact information for:
         (A)   the North Texas Behavioral Health Authority and the closest
local public health services agency in the proximity of the facility; and
         (B)   a local organization or entity that represents, advocates, or
serves elderly persons or persons with disabilities, including any related
toll-free contact information for reporting emergencies to the organization or
entity.
      (6)   Information concerning tenants' rights and responsibilities
including a copy of Article V, "Enforcement," of Chapter 8A, "Boarding Home
Facilities," of the Dallas City Code, as amended. (Ord. Nos. 28706; 29753;
32397)
SEC. 8A-17.   EMERGENCY RESPONSE INFORMATION.
   (a)   The licensee shall provide the director with the name, street address,
mailing address, e-mail 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 on the property where the boarding home facility is
located.
   (b)   The licensee shall notify the director within five days after any
change in the emergency response information.
   (c)   The licensee, or an authorized agent, must arrive at the property
within one hour after a contact person named under this section is notified by
a city employee or emergency response personnel that an emergency condition has
occurred on the property. (Ord. 28706)
SEC. 8A-18.   FAILURE TO PAY AD VALOREM TAXES, FEES, FINES, AND PENALTIES.
   (a)   A licensee commits an offense if he allows any ad valorem taxes, fees,
fines, or penalties owed to the city in connection with the boarding home
facility to become delinquent.
   (b)   It is a defence to prosecution under this section that the licensee
diligently entered into a payment plan and makes regular payments in accordance
with that plan to pay the delinquent ad valorem taxes, fees, fines, or
penalties. (Ord. Nos. 28706; 32397)
SEC. 8A-19.   REASONABLE ACCOMMODATIONS.
   (a)   Purpose. The city, pursuant to the Fair Housing Amendments Act of 1988
(“FHAA”) 42 U.S.C. § 3601, et seq., as amended, and the Americans with
Disabilities Act of 1990 (“ADA”), 42 U.S.C. § 12101, et seq., as amended,
intends to ensure that all persons with a disability have an equal opportunity
to use and enjoy a dwelling by providing such persons with reasonable
accommodations in rules, policies, practices, and procedures promulgated under
this chapter. This section allows a person to seek relief from the enforcement
of any regulation contained in this chapter that would result in illegal
discrimination against the disabled.
   (b)   Method of submitting a request for a reasonable accommodation; fees;
confidentiality.
      (1)   A request for a reasonable accommodation may be submitted at any
time that the accommodation may be necessary to ensure equal access to housing.
      (2)   A request for a reasonable accommodation may be submitted by an
individual with a disability, the person’s representative, or a licensee
providing housing for one or more individuals with disabilities.
      (3)   A request for a reasonable accommodation should be submitted in
writing to the director on a form provided by the department, or in the form of
a letter.
      (4)   There is no fee for an application requesting a reasonable
accommodation.
      (5)   The city will retain any information identified by an applicant as
confidential in compliance with applicable law and will not disclose the
information unless required by law.
      (6)   If an individual needs assistance in making a request for a
reasonable accommodation, the city will provide assistance to ensure that the
application process is accessible to the individual.
   (c)    Application. An applicant shall submit the following information
before an application for a reasonable accommodation is considered to be
complete:
      (1)   The applicant's name, mailing address, street address, telephone
number, and e-mail address.
      (2)   The applicant's relation to the individual or individuals with a
disability, if applicable.
      (3)   The address of the property to which the requested reasonable
accommodation would apply.
      (4)   If the disability is not obvious, information substantiating that
the individual who would obtain the benefit of the reasonable accommodation is
disabled.
      (5)   The section or sections of this chapter from which a reasonable
accommodation is being requested.
      (6)   If the need for the accommodation is not readily apparent, a brief
explanation of why the requested accommodation is necessary for the individual
or individuals with disabilities to have equal access to housing.
   (d)   Review of application by director; required findings; appeals.
      (1)   Upon receipt of a complete application for a reasonable
accommodation, the director shall review the application and issue a written
ruling that grants, grants with conditions, or denies the application.
      (2)   Before making a decision, the director may request an inspection of
the boarding home facility, its records, and the land on which it is located.
If the director makes such a request the applicant must make the property, the
facility, and its records available for the inspection within 20 days after the
date of the request or the application is automatically denied. If the director
deems it necessary to request additional information from the applicant
consistent with federal and state law, the director shall contact the applicant
in writing and specify the additional information that is required. If the
director makes such a request, the applicant shall provide the additional
information to the director within 20 days after the date of the request or the
application is automatically denied.
      (3)   Before making a decision, the director shall consult with the city
attorney and the director of the office of fair housing to determine whether
the accommodation should be granted.
      (4)   The director may impose reasonable conditions on any accommodation
granted consistent with the purpose of this chapter.
      (5)   The written decision must be consistent with the FHAA and based on
a consideration of the following factors:
         (A)   Whether the housing that is the subject of the request will be
used by one or more individuals with a disability.
         (B)   Whether the requested accommodation is necessary to make
specific housing available to one or more individuals with a disability.
         (C)   Whether the requested accommodation would impose an undue
financial or administrative burden on the city.
         (D)   Whether the requested accommodation would require a fundamental
alteration in the nature of a city program or law.
         (E)   The potential impacts of the requested accommodation on the
applicant, the other residents of the boarding home facility, and the
surrounding neighborhood.
         (F)   Whether a failure to grant an accommodation would result in the
property having no economically viable use.
         (G)   Whether there are alternative accommodations that are reasonable
and have an equal or less of an impact on the city, the applicant, the other
residents of the boarding home facility, and the surrounding neighborhood.
      (6)   The director shall issue a written decision within 30 days of the
later of receipt of a completed application, provided that the director is able
to issue a decision based on the information provided in the original request;
the completed inspection of the property, facility, and its records, as
requested by the director; or the director's receipt of all additional
information requested.
      (7)   All written decisions must be sent by certified mail, return
receipt requested, and explain in detail the basis of the decision and notify
the applicant of the right to appeal the director's decision to the permit and
license appeal board.
      (8)   If the director denies an application for a reasonable
accommodation, the action is final unless the applicant files an appeal with
the permit and license appeal board in accordance with Section 2-96 of this
code as if it were a permit. The permit and license appeal board shall consider
the facts as they existed at the time of the director's decision. The applicant
or licensee has the burden of proof on appeal. (Ord. Nos. 28706; 29753)
SEC. 8A-20.   INSPECTIONS; FEES.
   (a)   Required inspections.
      (1)   A boarding home facility must pass all required inspections.
      (2)   The licensee shall keep a current file of reports and other
documentation on site that is needed to demonstrate compliance with applicable
ordinances, laws, and regulations. Inspection records must be signed and dated
by the appropriate authority and there must be no pending corrective actions.
      (3)   The following inspections are required:
         (A)   Licensing inspection.
         (B)   Annual licensing renewal inspection.
         (C)   Annual fire inspection.
         (D)   Annual kitchen inspection for a boarding home facility that
provides meal preparation.
         (E)   A gas pipe pressure test performed every three years by the
local gas company or a licensed plumber for a boarding home facility that
receives natural gas service.
         (F)   Annual inspection of liquefied natural gas systems performed by
an inspector certified by the Texas Railroad Commission for a boarding home
facility with a liquefied natural gas system.
   (b)   Other inspections. The director may inspect any boarding home facility
for the purpose of ascertaining whether violations of this chapter or any other
city ordinances exist. The director is authorized at a reasonable time to
inspect:
      (1)   the exterior of a structure and the surrounding premises; and
      (2)   the interior of a structure if the permission of the owner,
occupant, or person in control is given or a search warrant is obtained.
   (c)   Consequences of refusal to inspect. If the owner, occupant, or person
in control denies permission to search any part of the interior or exterior of
the structure or the surrounding premises, the director may suspend the license
to operate a boarding home facility in accordance with Section
8A-10(a)(2).
   (d)   Reinspections. Whenever a boarding home facility is inspected by the
director and a violation of this code is found, the building or premises will,
after the expiration of any time limit for compliance given in the notice or
order issued because of the violation, be reinspected by the director to
determine that the violation has been eliminated.
   (e)   Reinspection fee. The licensee shall pay:
      (1)   to the director of code compliance $150 for each reinspection after
the first reinspection by that department that must be conducted before the
violation is determined to be eliminated; and
      (2)   to the director of any other city department the fee required (if
any) by the applicable code for each reinspection by that department that must
be conducted before the violation is determined to be eliminated. (Ord. Nos.
28706; 32556)
SEC. 8A-21.   REPORTS TO THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION.
   Before September 30 of each year, the director shall submit a report to the
Texas Health and Human Services Commission. The report must contain the
following information:
      (1)   The total number of boarding home facilities licensed by the city
during the preceding state fiscal year.
      (2)   The total number of boarding home facility applications for which
licenses were denied, including a summary of the causes for denial.
      (3)   The total number of boarding home facility licenses that were
active on August 31 of the preceding state fiscal year.
      (4)   The total number of residents housed in each boarding home facility
reported.
      (5)   The total number of inspections conducted by the city at each
boarding home facility.
      (6)   The total number of licenses suspended or revoked as a result of an
inspection.
      (7)   A summary of the outcome for any residents displaced by suspension
or revocation of a license. (Ord. 28706)
SEC. 8A-21.1.   WHEN WRITTEN NOTICE IS DEEMED DELIVERED.
   (a)   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.
   (b)   The fact that the notice is returned undelivered or that the return
receipt is not signed by the addressee shall not affect the validity of the
notice. (Ord. 29753)
ARTICLE III.
STRUCTURE AND MAINTENANCE.
SEC. 8A-22.   CONSTRUCTION, REMODELING, AND MAINTENANCE.
   (a)   In general. Each licensee shall ensure the residents’ health, safety,
comfort, and protection through the standards contained in this section that
address the construction, remodeling, and maintenance of a boarding home
facility.
   (b)   Applicable regulations. Each boarding home facility must comply with
the following codes and regulations:
      (1)   The Dallas Development Code. [NOTE: A boarding home facility is not
a zoning use and is separate from and unrelated to the lodging or boarding
house use defined in Chapter
51A.]
      (2)   The Dallas Building Code, the Dallas One- and Two-Family Dwelling
Code, or the Dallas Existing Building Code, as applicable.
      (3)   The Dallas Fire Code and any other applicable federal, state, or
local fire codes and standards, as amended.
      (4)   
Articles III and
IV of
Chapter 27, "Minimum Urban Rehabilitation Standards," of the Dallas City Code.
      (5)   Federal, state, and local health and safety codes.
      (6)   Federal and state accessibility regulations.
   (c)   Interior doors. An interior door to a living space, bedroom, bathroom,
or toilet room must fit the opening in which it is hung, be properly equipped
with hardware, and be maintained in good working
condition. Unless a resident has a disability that requires frequent check-ups
by others, a door with a locking device must be provided to provide privacy to
and protection of the resident.
      (1)   Every closet door latch must be such that it can be readily opened
from the inside in case of emergency.
      (2)   Every bathroom door or door lock must permit immediate opening of
the locked door in case of emergency.
   (d)   Public pathways and stairways. A public pathway or stairway in a
building must maintain a minimum unobstructed width in accordance with the
Dallas Fire Code, as amended, and must be provided with a convenient light
switch controlling an adequate light system.
   (e)   Windows and exterior doors.
      (1)   Every habitable room must have at least one window that can be
easily opened, or such other device as will ventilate the room.
      (2)   Locks that can be easily opened manually from inside must be
provided on all exterior doors.
      (3)   All windows must be capable of being opened without tools. Window
openings must meet the requirements of the Dallas Building Code, Dallas
Existing Building Code, the Dallas One- and Two-Family Dwelling Code, and the
Dallas Fire Code, as applicable, for emergency egress.
      (4)   The bottom of the window opening must be not more than 44 inches
above the floor in accordance with the Dallas Fire Code, as amended.
      (5)   A door, window, or emergency escape and rescue opening may be
maintained that does not meet the requirements of this subsection upon the
written approval of the fire code official.
   (f)   Maintenance.
      (1)   The licensee shall maintain the dwelling and premises in a clean
and sanitary condition.
      (2)   The licensee shall keep a boarding home facility in good repair and
maintenance in a manner that will promote the health, comfort, safety, and
well-being of residents. (Ord. Nos. 28706; 29753)
SEC. 8A-23.   SLEEPING ROOMS.
   (a)   Sleeping space per person. Each room occupied for sleeping purposes by
one occupant must contain at least 70 square feet of floor space, and every
room occupied for sleeping purposes by more than one person must contain at
least 50 square feet of floor space for each occupant in accordance with
Section
27-15 of this code.
   (b)   Bed spacing. If a boarding home facility has a resident with an
ambulatory impairment, beds must be spaced at least three feet apart when
placed side-by-side or end-to-end.
   (c)   Ceiling height. A sleeping room must have a ceiling height of at least
seven feet in accordance with Section
27-15 of this code.
   (d)   Accessibility. A sleeping room must provide accessibility for non-
ambulatory residents and residents with conditions that substantially limit
ambulation or mobility.
   (e)   Beds.
      (1)   The licensee shall provide one bed for every resident. It is
presumed that the boarding home facility has one resident for every bed present
in the facility, but an inspector may consider other factors and circumstances
in determining the number of residents.
      (2)   All beds must be at least six feet long and three feet wide.
      (3)   The licensee shall equip all beds with a bed frame, supportive
springs, and a clean, unsoiled supportive mattress, all of which must be in
good condition.
      (4)   The licensee shall equip all beds provided for non-ambulatory
residents or residents with an ambulatory impairment or reduced bladder or
bowel function with mattress covers that prevent bodily fluids from soiling the
mattress.
      (5)   More than two levels of stacked bunk beds are prohibited.
      (6)   The clear space above the top of the lower mattress of a double
decker bunk bed and the bottom of the upper bunk must be at least 27 inches.
      (7)   The distance from the top of the upper mattress to the ceiling must
be at least 36 inches.
   (f)   Pillows and sheets.
      (1)   The licensee shall provide each bed with at least one pillow with a
clean, unsoiled pillow case, at least two clean, unsoiled sheets, and a cover
such as a blanket or quilt.
      (2)   The licensee shall provide each resident with at least two extra,
unsoiled pillow cases, sheets, and blankets.
   (g)   Storage.
      (1)   The licensee shall provide at least one chest of drawers in good
working condition, or its equivalent, for each resident. The chest of drawers
must contain a sufficient number of lockable drawers to house all necessary
items of clothing and personal belongings of a resident.
      (2)   The licensee shall provide sufficient space in each resident’s room
or closet for residents to hang up clothes that are not stored in a chest of
drawers.
      (3)   Clothing may not be stored on the floor.
   (h)   Personal hygiene items. The licensee shall provide bath towels,
washcloths, soap, combs or brushes, and toothbrushes at all times in a quantity
sufficient to meet the needs of residents.
   (i)   Emergency exit. Each sleeping room must provide access to an emergency
exit without passing through another sleeping room in accordance with the
Dallas Fire Code, as amended. (Ord. Nos. 28706; 29753)
SEC. 8A-24.   BATHROOM FACILITIES.
   (a)   If a boarding home facility has a resident who is non-ambulatory or
has an ambulatory impairment:
      (1)   the licensee shall provide a toilet, lavatory, and bathtub or
shower on each floor when not provided in an individual room; and
      (2)   a bathroom door must have a minimum opening of 32 inches with the
door open 90 degrees, measured between the face of the door and the opposite
stop.
   (b)   The licensee shall provide toilets, lavatories, and bathtubs or
showers at a ratio of one toilet, one lavatory, and one bathtub or shower for
each eight residents, or fraction of eight residents.
   (c)   Toilets, lavatories, and bathtubs or showers must be accessible to
residents without going outside of the building or without going through a
sleeping room of another resident.
   (d)   The licensee shall keep all bathroom facilities clean and in good
repair.
   (e)   The licensee shall ensure that all bathroom facilities are well-
lighted and ventilated.
   (f)   The licensee shall adequately supply all bathroom facilities with
toilet paper, soap, and hand towels.
   (g)   The licensee shall supply bathtubs and showers with non-slip surfaces
and curtains or other safe enclosures for privacy. (Ord. Nos. 28706; 29753)
SEC. 8A-25.   TELEPHONE.
   A telephone that is connected to a land line must be available 24 hours a
day, be easily accessible, and afford privacy for use by residents. A list of
emergency telephone numbers, including the numbers of the Dallas Police
Department, Dallas Fire-Rescue Department, ambulance, the director, the Texas
Department of Family and Protective Services (DFPS), the local mental health
authority, and the Texas Information and Referral Network, must be placed in
plain view on or next to the telephone and made accessible to persons who are
visually or hearing impaired, as needed. (Ord. 28706)
SEC. 8A-26.   LAUNDRY FACILITIES.
   A washer or dryer:
      (1)   cannot be located in the kitchen area; and
      (2)   must be properly vented to the outside of the structure. (Ord.
28706)
SEC. 8A-27.   KITCHEN.
   (a)   A kitchen must be accessible to each resident without going through a
sleeping room of another resident.
   (b)   A kitchen must have a food preparation area of at least six square
feet that is smooth, impermeable, free of cracks, and easily cleanable. This
surface area must not be primarily used for eating.
   (c)   If a boarding home facility has a kitchen without a dining area
attached, the licensee shall provide a separate dining area of 15 square feet
per resident. A kitchen with an attached dining area must be at least 100
square feet in area.
   (d)   A kitchen must contain a sink which allows for manual dishwashing that
is at least 22 inches by 27 inches by 5 inches.
   (e)   A kitchen must contain an operational cooking stove with at least two
burners fuelled by gas or electricity and an operational microwave oven.
   (f)   A kitchen must contain at least one cabinet with a minimum of five
cubic feet of storage space per resident, suitable for storage of food and
utensils.
   (g)   A kitchen must be equipped with at least one electrical outlet
suitable for plugging in small kitchen appliances.
   (h)   The licensee shall keep the kitchen in a clean and sanitary condition.
   (i)   A kitchen must contain a refrigerator that is at least 12 cubic feet
in area, is equipped with a thermometer, and is maintained in an operational,
clean, and sanitary condition. A refrigerator must maintain foods at the
temperatures required by Section
8A-33. (Ord. Nos. 28706; 32397)
SEC. 8A-28.   DINING ROOM.
   (a)   A dining room must be accessible to residents without going through
the sleeping room of another resident.
   (b)   The minimum floor area for a dining room is 15 square feet per
resident.
   (c)   If a boarding home facility provides community meals, the licensee
shall equip a dining room with one dining chair and two linear feet of dining
table space for each resident. (Ord. 28706)
ARTICLE IV.
RESIDENT HEALTH AND SAFETY.
SEC. 8A-29.   EMERGENCY PRECAUTIONS.
   (a)   The licensee shall provide fire escapes and exits that are kept in
good repair and accessible at all times in accordance with the Dallas Fire
Code, as amended.
   (b)   The licensee shall implement a written fire and evacuation plan that
sets forth the responsibilities and steps to be taken by staff and residents in
the event of a fire or other emergency. If a boarding home facility has a
resident who is non-ambulatory or has a mobility impairment, the license shall
submit the written plan to Dallas Fire-Rescue and obtain its approval of the
plan.
   (c)   The licensee shall post an emergency evacuation plan in each sleeping
room and the kitchen of the facility.
   (d)   The licensee shall ensure that each resident receives training on the
emergency evacuation plan at least two times per year and shall maintain
documentation of such training.
   (e)   Flammable supplies and gasoline-operated maintenance equipment and
lawn care equipment must be stored in the garage of the facility or in a
detached storage shed.
   (f)   The licensee shall provide a sufficient number of accessible fire
extinguishers in accordance with the Dallas Fire Code, as amended. The licensee
shall ensure that a person licensed to inspect fire extinguishers inspects the
fire extinguishers annually. The licensee shall ensure the fire extinguishers
are recharged when needed by a person licensed to inspect fire extinguishers.
   (g)   The licensee shall provide a smoke alarm approved by the fire marshal
in each place in the facility required by the Dallas Fire Code, as amended. The
licensee shall maintain a smoke alarm in good working order.
   (h)   If a boarding home facility has a resident that is hearing impaired,
the licensee shall install and properly maintain a visual smoke alarm that is
capable of alerting a hearing impaired person of the presence of fire or smoke
in accordance with the Dallas Fire Code, as amended.
   (i)   The licensee shall install and properly maintain carbon monoxide
detectors near sleeping rooms in accordance with Section 42.060 of the Texas
Human Resources Code, as amended.
   (j)   The licensee shall ensure that all residents are shown how to use all
emergency exits from the boarding home facility within 24 hours after arrival
at the boarding home facility. The licensee shall maintain documentation of
such training.
   (k)   First aid supplies.
      (1)   The licensee shall provide first aid supplies that are equivalent
to the 16-unit first aid kit that complies with the latest edition of the
American National Standards Institute (ANSI)/International Safety Equipment
Association (ISEA) standard Z308.1.
      (2)   The licensee shall ensure that the first aid supplies are readily
accessible to all the residents and inform the residents of the location of the
supplies.
      (3)   The licensee shall provide one set of such supplies for each 50
persons, or fraction of 50 persons, residing in the boarding home facility.
(Ord. 28706)
SEC. 8A-30.   WATER QUALITY.
   If a boarding home facility uses well water, the licensee shall supply the
director with annual test results for water samples taken from the water well
from a laboratory accredited by the State of Texas under the National
Environmental Laboratory Accreditation Program. If the sample results show
coliform bacteria present, a resample must be taken within seven days after
receipt of the results. The licensee shall supply results of testing the
resample to the director within seven business days of receipt. (Ord. 28706)
SEC. 8A-31.   LINENS AND LAUNDRY.
   (a)   If a boarding home facility provides laundry service or has laundry
facilities on site, all linens and laundry must be placed in a closed bag or
covered hamper before being transported to the laundry area.
   (b)   If a boarding home facility provides laundry service, all linens and
laundry must be properly identified to prevent loss.
   (c)   Soiled linens and laundry must not be sorted or processed in kitchens,
food preparation areas, or food storage areas. (Ord. 28706)
SEC. 8A-32.   POISONOUS, TOXIC, AND FLAMMABLE MATERIALS.
   (a)   The licensee shall ensure that poisonous, toxic, and flammable
materials:
      (1)   are stored and maintained away from bed linens, towels, food items,
and kitchen equipment; and
      (2)   are not used in a way that contaminates food equipment or utensils
or constitutes a hazard to employees or residents.
   (b)   The licensee shall prominently and distinctly label poisonous, toxic,
and flammable materials for easy identification of contents. (Ord. 28706)
SEC. 8A-33.   FOOD AND DRINK; MEALS.
   (a)   General. If a boarding home facility serves meals to one or more
residents, the licensee shall ensure the following:
      (1)   All food and drink is clean and free from spoilage, pathogenic
organisms, toxic chemicals, and other harmful substances.
      (2)   All food and drink is prepared, stored, handled, and served so as
to be safe for human consumption.
      (3)   All food or drink subject to spoilage is maintained at a
temperature of 41 degrees Fahrenheit or below.
      (4)   Hot foods that are ready to be served are maintained at 135 degrees
Fahrenheit or above at all times.
      (5)   All food or drink stored in the freezer is maintained at a
temperature of no higher than 0 degrees Fahrenheit.
      (6)   Alternative food selections are provided for residents who choose
to disclose their medically prescribed diets to the licensee.
      (7)   A time schedule for meals is posted daily.
      (8)   Meals are:
         (A)   nutritionally balanced and provide the U.S. Department of
Agriculture recommended daily allowance of vitamins, minerals, and calories;
         (B)   of sufficient quantity and quality to meet the nutritional needs
of residents; and
         (C)   served with not more than 14 hours between the beginning of the
evening meal and the beginning of the morning meal.
      (9)   A valid food handler's certificate issued under Section
17-2.2 of this code has been issued in the name of the licensee.
      (10)   After each usage, all eating and drinking utensils are thoroughly
washed and sanitized in hot water containing a suitable soap or synthetic
detergent and rinsed in clean hot water. If a mechanical dishwasher is used,
dish detergent is required.
   (b)   Animals prohibited. With the exception of service animals for persons
with disabilities, birds, cats, dogs, or other animals are not permitted in
areas where food is prepared or stored, or where utensils are washed or stored.
   (c)   Food handling.
      (1)   An owner, operator, employee, or resident engaged in food handling
shall:
         (A)   observe sanitary methods, including hand washing; and
         (B)   not be assigned to preparing foods for others at the facility if
carrying a disease that can be transmitted to others in the normal course of
food preparation.
      (2)   If preparing meals for residents, staff must meet food handling
requirements and training approved by the director. (Ord. Nos. 28706; 29753)
SEC. 8A-34.   POLICIES AND PROCEDURES TO ENSURE RESIDENT HEALTH AND SAFETY.
   (a)   Initial screening. Before permitting a potential resident to move into
a boarding home facility, the licensee shall ask each potential resident
whether he or she:
      (1)   has the ability to comply with the requirements of being a resident
at the boarding home facility, including:
         (A)   paying rent or other fees in accordance with the service
agreement between the operator and the resident, unless the payment of rent or
other fees is excused under the service agreement or by law;
         (B)   complying with the rules for the boarding home facility
established by the licensee;
         (C)   paying for any damage to the boarding home facility caused by
the resident; and
         (D)   timely vacating the premises when the service agreement,
including any extension, expires or is terminated;
      (2)   is qualified to reside at the boarding home facility if the
boarding home facility is available only to persons with disabilities or to
persons with a particular type of disability;
      (3)   is currently an illegal abuser or addict of a controlled substance;
      (4)   is currently on probation or parole;
      (5)   is currently using any prescription drugs; or
      (6)   has been convicted of the illegal manufacture or distribution of a
controlled substance.
   (b)   Individualized assessment.
      (1)   Before allowing an individual to reside at a boarding home
facility, the licensee shall conduct an individualized assessment of that
individual to determine if the individual would constitute a direct threat. The
assessment must consider:
         (A)   any prior criminal or violent acts of the person;
         (B)   the amount of time that has elapsed since the commission of any
such acts; and
         (C)   any actions taken by the person or other circumstances that may
have eliminated the direct threat.
      (2)   In the case of any male resident or potential male resident who has
been convicted of an offense requiring registration with any sex offender
registry, the individualized assessment must include an assessment of risk
performed by a Licensed Sex Offender Treatment Provider ("LSOTP") licensed
under the Texas Occupations Code Title 3.110, Subchapters A and G, as amended.
The assessment of risk must be obtained from the resident's or potential
resident's current or former LSOTP. If there is no current LSOTP, or if the
former LSOTP's assessment of risk is more than three years old, a new psycho-
sexual evaluation and assessment of risk must be obtained to evaluate the
resident's or potential resident's risk in the boarding home facility setting.
A letter from the LSOTP summarizing his or her assessment of risk is sufficient
documentation for the purposes of verifying compliance with the requirements of
this paragraph.
      (3)   The licensee shall ensure that any resident that has been convicted
of an offense requiring registration with any sex offender registry is
registered with the proper authorities.
      (4)   Prior to the occupancy of any boarding home facility and at least
quarterly thereafter, the licensee shall certify in a sworn affidavit to the
director that, based on the individualized assessment performed for each
resident, no person will or does reside in the boarding home facility whose
tenancy would likely constitute a direct threat to the health or safety of that
person or other individuals or whose tenancy would result in substantial
physical damage to the property of others.
   (c)   Persons who may not reside in a boarding home facility. The licensee
shall not allow the following individuals to reside at a boarding home
facility:
      (1)   An individual convicted within the last 10 years of the illegal
manufacture or distribution of a controlled substance.
      (2)   An individual who, based upon an individualized assessment, is
likely to constitute a direct threat to the health or safety of the individual
or other individuals or whose tenancy would likely result in substantial damage
to the property of others.
      (3)   An individual who requires the provision of personal care services
unless the personal care services are provided by outside professionals.
   (d)   Illegal drug use.
      (1)   All residents in a boarding home facility shall completely abstain
from using controlled substances. The licensee shall expel as promptly as
possible under state law any resident who uses a controlled substance, whether
on or off the premises, and shall not readmit the resident to any boarding home
facility under the control of the licensee for a period of at least 60 days
following the violation. However, nothing contained in this subsection may be
construed to prohibit a resident from taking a prescription drug for which that
resident has a valid and current prescription.
      (2)   If the boarding home facility has one or more residents who are
recovering from an addiction to alcohol or a controlled substance, the licensee
must develop a written plan for ensuring that the residents continue to refrain
from using alcohol or controlled substances, including any and all rules by
which residents must abide, and must provide such plan to the director at his
request.
   (e)   Duty to document. The licensee shall document the following:
      (1)   A resident’s illegal use of a controlled substance.
      (2)   A resident who poses a direct threat to the health or safety of
other individuals.
      (3)   A resident who poses a direct threat of substantial damage to the
property of others.
   (f)   Log. If a resident with dementia is currently taking a prescription
medication, or if a resident is taking a controlled substance or a psychotropic
medication pursuant to a current and valid prescription, the licensee shall
note in a written log whether the resident has taken, or been reminded to take,
his or her medication. The log must provide the resident's name, the name of
the medication, and the date and time that the resident took the medication or
was reminded by the licensee to take the medication. Unless prohibited by law,
the licensee shall make copies of the log available to the director for
inspection upon request.
   (g)   Injuries, incidents, and unusual accidents.
      (1)   The licensee shall notify a resident’s legal guardian, resident’s
legally authorized representative, or a family member designated by the
resident, the legal guardian, or the legally authorized representative of any
injury, incident, or unusual accident involving the resident.
      (2)   The licensee shall investigate and document on a form provided by
the director any injuries, incidents, or unusual accidents to a resident by
providing the following information:
         (A)   The resident's name.
         (B)   The date and time the injury, incident, or unusual accident
occurred.
         (C)   Description of the injury, incident, or unusual accident.
         (D)   Description of any medical or mental health treatment the
licensee sought for the resident.
         (E)   Steps taken by the owner or operator to prevent future injuries,
incidents, or unusual accidents if a problem at the boarding home facility
resulted in the injury, incident, or unusual accident.
         (F)   When the resident's legal guardian, resident's legally
authorized representative, or a family member designated by the resident, the
legal guardian, or the legally authorized representative was notified about the
injury, incident, or unusual accident.
   (h)   Access to records. Within one business day after a request by a
resident, the resident’s guardian, the resident’s legally authorized
representative, or a family member designated by the resident, the legal
guardian, or the legally authorized representative, the licensee shall allow
access to, and provide copies at a reasonable cost of, the records documenting
any injury, incident, or unusual accident involving that resident. Upon
request, the licensee must explain how to examine the records.
   (i)   Abuse, neglect, and exploitation.
      (1)   A licensee shall report and document any allegations of abuse,
neglect, or exploitation of a minor, an adult age 65 or older, or an adult with
a disability to the Texas Department of Family and Protective Services. Failure
to report suspected abuse, neglect, or exploitation of a minor, an elderly
adult, or an adult with a disability is a Class A misdemeanor under Texas law.
      (2)   A licensee shall ensure that no resident is harassed, threatened,
or intimidated at any time for making a report of abuse, neglect, or
exploitation.
      (3)   A licensee shall provide each resident with a copy of the
definitions of abuse, neglect, or exploitation as outlined in Chapter 48 of the
Texas Human Resources Code, as amended.
      (4)   A licensee shall allow law enforcement, emergency medical, and fire
personnel access to the boarding home facility when these professionals are
responding to a call at the boarding home facility.
      (5)   An owner, operator, or employee may not refer a person to the
boarding home facility with which he is associated or to any other facility if
he knows or reasonably should know that the facility or its services are not
appropriate for the condition of the person being referred.
      (6)   If the licensee or an employee has any medical or mental health
professional examine, diagnose, treat, or provide any other medical or mental
health services to a resident, the licensee or employee must provide the
resident with:
         (A)   the name, business address, and telephone number of the person
who examined, diagnosed, treated, or provided any other service to the
resident;
         (B)   a written explanation of the nature and results of the
examination, diagnosis, treatment, or other service if provided to the licensee
or employee by the medical or mental health professional; and
         (C)   a copy of any prescription for any medicine if provided to the
licensee or employee by the medical or mental health professional.
      (7)   No licensee or employee may:
         (A)   use corporal punishment on a resident;
         (B)   involuntarily seclude a resident from other residents;
         (C)   abuse, neglect, or exploit a resident;
         (D)   receive any referral fees, kickbacks, or other compensation in
connection with the placement of residents; or
         (E)   engage in any coercive practices involving residents' food
stamps or disability checks.
      (8)   Physical and chemical restraints.
         (A)   No licensee or employee may use a physical restraint or chemical
restraint on a resident.
         (B)   For purposes of Subsection (i)(8)(A), a physical restraint
includes a vest, a hand mitt, and a seatbelt, and a chemical restraint includes
an anti-psychotic drug and a sedative.
         (C)   It is a defense to prosecution under Subsection (i)(8)(A) that:
            (i)    the restraint was authorized by a physician, in writing, for
a specified and limited period of time; or
            (ii)   the licensee or employee is the spouse, legal guardian, or
next of kin of the resident or former resident.
      (9)   Access.
         (A)   A licensee shall allow a resident's personal physician, nurse,
or other health care provider to have immediate access to the resident.
         (B)   A licensee shall allow the relatives, the guardian, and the
legally authorized representative of a resident to have immediate access to the
resident during the boarding home facility's visiting hours unless the resident
objects.
   (j)   Conflicts of interests. The purposes of this subsection are to ensure
both that residents have the right to manage their own affairs or to choose
someone they trust to manage their affairs for them and that licensees and
employees do not abuse their positions of power and trust for their own private
gain.
      (1)   A licensee or employee of a boarding home facility shall not:
         (A)   borrow money from or loan money to residents;
         (B)   be a beneficiary of a current or former resident's will or life
insurance;
         (C)   co-mingle a resident's funds with the funds of the licensee,
employee, or another resident;
         (D)   employ a resident;
         (E)   require a resident to perform any kind of work for any person or
entity;
         (F)   go into business with a resident;
         (G)   serve as an employee or independent contractor of a resident;
         (H)   have sexual relations with a resident; or
         (I)   have a power of attorney for a resident's affairs for any
purpose.
      (2)   It is a defense to prosecution:
         (A)   under Paragraph (1) that the licensee or employee is the spouse,
legal guardian, or next of kin of the resident or former resident;
         (B)   under Paragraph (1)(D) that the licensee or employee pays the
resident, either as a monetary payment or as an in-kind contribution towards
lodging, food, or services provided by the boarding home facility, at least the
federal minimum wage for each hour of work performed;
         (C)   under Paragraph (1)(E) that the licensee or employee does not
receive any direct or indirect monetary payment, kickback, or in-kind
compensation from any person or entity in connection with the resident's work
and ensures that the resident receives, either as a monetary payment or as an
in-kind contribution towards lodging, food, or services provided by the
boarding home facility, an hourly wage that exceeds the federal minimum wage by
at least $3.00 for each hour of work performed by the resident;
         (D)    under Paragraph (1)(E) that the work required is limited to
chores or other routine housekeeping activities; and
         (E)   under Paragraph (1)(I) that the licensee or employee is
assisting the resident to establish eligibility for a federal or state program
that provides financial assistance for medical services, such as Medicaid, or
other services needed by the resident.
      (3)   No licensee or employee may be a representative payee for a
resident or assist a resident with general money management unless the Social
Security Administration, the resident, the resident's guardian, the resident's
legally authorized representative, or a family member designated by the
resident, the legal guardian, or the legally authorized representative
authorizes in writing the licensee or employee to be a representative payee or
assist the resident with general money management.
      (4)   If a licensee or employee becomes the representative payee for a
resident or assists a resident with general money management, the licensee or
employee shall do the following:
         (A)    Maintain separate financial records for each resident for which
the licensee or employee is the representative payee or assists with general
money management for the entire period of time the licensee or employee acts in
that capacity and continue to maintain the resident's records for one year past
the last calendar day the licensee or employee is the resident's representative
payee or assists with money management.
         (B)   Include in the records an itemized list of expenditures that the
licensee or employee has made on behalf of the resident, including the charges
that are assessed by the licensee or employee.
         (C)   Maintain receipts for all expenditures in addition to the
itemized documentation.
         (D)   Develop a budget with the resident outlining routine
expenditures and ensure that expenditures that are not routine are discussed
with the resident before the resident's funds are expended.
         (E)   Within one business day after receiving a request, allow the
resident, the resident's guardian, the resident's legally authorized
representative, or a family member designated by the resident, the legal
guardian, or the legally authorized representative access to the resident's
financial records that are maintained by the licensee or employee.
         (F)   Furnish the director a surety bond.
            (i)   The bond must be in an amount that is enough to cover the
average monthly amount of money the licensee or employee manages or handles for
all residents based on the following:
 
Amount of Resident Money Managed/Handled Per Month       Amount of Bond
$750 or less                                             $1,000
$751 to $1,500                                           $2,000
$1,501 to $2,500                                         $3,000
Every additional increment of $1,000 or fraction thereof Additional $1,000
 
            (ii)    The bond must be issued by a bank or bonding company
authorized to do business in the State of Texas.
            (iii)   The bond must provide that all residents, residents'
guardians, residents' legally authorized representatives, or family members
designated by the resident, the legal guardian, or the legally authorized
representative have the right to directly sue upon the surety bond until the
amount of the bond has been exhausted.
            (iv)   The bond must cover embezzlement or theft by the licensee or
employee.
         (G)   Immediately cease acting as a representative payee once a
resident moves out of a boarding home facility or no longer wants the licensee
or employee to be his representative payee.
         (H)   Document the termination of the licensee's or employee's role as
representative payee for a resident or former resident and the actions taken by
the licensee or employee to ensure that the Social Security Administration
recognizes this termination.
      (5)   A licensee or employee who employs a resident or requires a
resident to perform any kind of work for any person or entity pursuant to
Sections
8A-34(j)(2)(B) or (C) must maintain documentation of the dates and hours worked
by each resident, the type and amount of compensation received by each
resident, and the name, address, and telephone number of the person or entity
for whom each resident worked. At least monthly, the licensee or employee must
also give a signed copy of this documentation to the resident, the resident's
guardian, or the resident's legally authorized representative.
   (k)   Service agreement.
      (1)   A licensee shall develop a service agreement with each resident and
maintain a copy of the agreement signed by the resident, the resident’s
guardian, or the resident’s legally authorized representative. The licensee
shall give a copy of the signed agreement to the resident, the resident’s
guardian, or the resident’s legally authorized representative.
      (2)   The service agreement must specify the following:
         (A)   The length of the contract.
         (B)   The amount of rent charged and the date upon which rent is due.
         (C)   If service is accepted in lieu of rent, the dollar amount the
rent is reduced per hour of service.
         (D)   The amounts of other fees or fines charged, an explanation of
what those fees and fines are for, when they are charged, and why.
         (E)   The party responsible for paying the monthly rent and other
fees.
         (F)   Any services to be provided or that could be provided by the
boarding home facility.
         (G)   If the resident has a guardian, legally authorized
representative, or a family member designated by the resident, the legal
guardian, or the legally authorized representative, that person’s name,
address, e-mail address, and telephone number.
         (H)   The rules and regulations of the boarding home facility.
         (I)   That a resident will be expelled if the owner or operator
determines that the resident:
            (i)   has used a controlled substance within the past 30 days
without a valid prescription;
            (ii)   has violated the rules of the boarding home facility if
those rules require the expulsion for the violation;
            (iii)   poses a direct threat to the health or safety of other
individuals; or
            (iv)   poses a direct threat of substantial damage to the property
of others.
         (J)   If the resident earns any income from the licensee or an
employee of the boarding home facility that exceeds the monthly rent owed, the
licensee or employee’s plan to allocate the income or system of disbursement of
that income.
   (l)   Disclosure of charges and fees to resident. No licensee or employee
may charge a resident for a service or item unless the licensee or employee has
previously disclosed in writing that providing the service or item will incur
an additional fee and the amount of that fee.
   (m)   Visitors. Operators, employees, and volunteers of the boarding home
facility shall not have visitors on the premises, except for visitation
necessary for the operation of the facility, for emergencies, or by family
members of an operator, employee, or a volunteer.
   (n)   Privacy policy. Each boarding home facility must adopt a privacy
policy to ensure the confidentiality of residents' financial, health, and
medical information. The owner, operator, or licensee shall give a copy of the
privacy policy to the resident, the resident's guardian, or the resident's
legally authorized representative. (Ord. Nos. 28706; 29753)
SEC. 8A-35.   ASSISTANCE WITH SELF- ADMINISTRATION OF MEDICATION.
   (a)   Assistance with self-administration of medication may be provided to
an adult resident who can identify his or her medication and knows when the
medication should be taken but requires assistance with self-administration.
Assistance with self-administration of medication may not be provided to a
minor.
   (b)   Assistance with self-administration of medication is limited to:
      (1)   reminding the resident to take medication;
      (2)   opening a container, removing medication from a container, and
placing medication in a resident’s hand or in or on a clean surface, such as a
pill cup or medication reminder box, for the resident’s self-administration;
and
      (3)   reminding the resident when a prescription needs to be refilled.
   (c)   The licensee shall remind a resident to take medication if the
licensee knows that the resident is required to take medication and needs
assistance with remembering to take the medication.
   (d)   The licensee shall store all residents’ medication in a locked area.
The licensee shall provide a central locked storage area or individual locked
storage areas at the boarding home facility for each resident’s medication.
      (1)   If the boarding home facility uses a central medication storage
area, a boarding home employee must be available to provide access at all times
and each resident’s medication must be stored separately from other residents’
medications within the storage area.
      (2)   If a resident’s medication requires refrigeration, the licensee
shall provide a refrigerator with a designated and locked storage area or a
refrigerator inside a locked medication room.
      (3)   The licensee shall store medications labeled for “external use
only” separately within the locked area.
   (e)   The licensee shall ensure that poisonous substances are labeled and
safely stored within a locked area separately from medications.
   (f)   If a boarding home facility stores medications, the licensee shall
adopt and enforce a written policy for preventing the diversion of the
medications.
   (g)   After a resident ceases to reside in the boarding home facility, the
licensee shall properly dispose of any of the resident’s remaining medication
in accordance with applicable laws. (Ord. Nos. 28706; 29753)
SEC. 8A-36.   REQUIREMENTS FOR IN-SERVICE EDUCATION OF BOARDING HOME FACILITY
STAFF.
   (a)   Each licensee and employee of a boarding home facility must be trained
on the following subjects prior to contact with residents or within five days
of beginning work, ownership, or management of the facility, whichever is
later:
      (1)   Employer rules and policies.
      (2)   Preventing, recognizing, and reporting abuse, neglect, and
exploitation of residents.
      (3)   Residents' rights, including all applicable rights from the
following:
         (A)   Chapter 102 (Rights of the Elderly) of the Texas Human Resource
Code, as amended.
         (B)   Chapter 112 (Developmental Disabilities) of the Texas Human
Resource Code, as amended.
         (C)   Chapter 301 (Fair Housing Practices) of the Texas Property Code,
as amended.
         (D)   Chapter 92 (Residential Tenancies) of the Texas Property Code,
as amended.
      (4)   Policies and procedures for contacting emergency personnel when
health or safety of a resident or another individual is at risk.
      (5)   Complaint process specific to the city and the boarding home
facility.
      (6)   Prevention, recognition, and reporting of injuries, incidents, and
unusual accidents to residents and others in the boarding home facility.
      (7)   Emergency, evacuation, and disaster plans.
      (8)   Assisting residents with obtaining health and social services.
      (9)   Services provided by the boarding home facility, including:
         (A)   nutrition, meal preparation, and dietary needs, if the boarding
home facility provides meal preparation;
         (B)   sanitation;
         (C)   laundry, if the boarding home facility provides laundry
services;
         (D)   house work, if the boarding home facility provides house work;
and
         (E)   assistance with self-administration of medication, if the
boarding home facility provides assistance with self-administration of
medication.
   (b)   Each licensee and employee of a boarding home facility must be trained
on the following subjects:
      (1)   Updates and changes in any policies and procedures within 10 days
after the licensee or employee becomes aware of the change.
      (2)   Orientation specific to the needs of each new resident within three
business days of the resident moving into the facility.
      (3)   Orientation specific to the needs of a resident whose needs have
changed due to injury, illness, hospitalization, or other circumstances that
affect the resident's needs within one day after licensee or employee becoming
aware of the change. (Ord. Nos. 28706; 29753)
SEC. 8A-37.   CRIMINAL HISTORY.
   (a)   A person may not own or operate a boarding home facility or be
employed or volunteer in a position the duties of which involve direct contact
with a resident in a boarding home facility before the 10th anniversary of the
date the person is convicted of any of the following offenses:
      (1)   Sections 481.112, 481.1121, 481.1122, 481.113, 481.114, 481.122,
Texas Health and Safety Code (illegal manufacture or delivery of a controlled
substance), as amended.
      (2)   Section 481.120, Texas Health and Safety Code (delivery of
marijuana), as amended, that is punishable as a felony.
      (3)   Section 481.124, Texas Health and Safety Code (possession or
transport of certain chemicals with intent to manufacture controlled
substances), as amended, that is punishable as a felony.
      (4)   Chapter 19, Texas Penal Code (criminal homicide), as amended.
      (5)   Chapter 20, Texas Penal Code (kidnapping and unlawful restraint),
as amended.
      (6)   Chapter 20A, Texas Penal Code (trafficking of persons), as amended.
      (7)   Section 21.02, Texas Penal Code (continuous sexual abuse of young
child or children), as amended, or Section 21.11, Texas Penal Code (indecency
with a child), as amended.
      (8)   Section 22.01, Texas Penal Code (assault on a public servant), as
amended.
      (9)   Section 22.011, Texas Penal Code (sexual assault), as amended.
      (10)   Section 22.02, Texas Penal Code (aggravated assault), as amended.
      (11)   Section 22.04, Texas Penal Code (injury to a child, elderly
individual, or disabled individual), as amended.
      (12)   Section 22.041, Texas Penal Code (abandoning or endangering
child), as amended.
      (13)   Section 22.08, Texas Penal Code (aiding suicide), as amended.
      (14)   Section 25.031, Texas Penal Code (agreement to abduct from
custody), as amended.
      (15)   Section 25.08, Texas Penal Code (sale or purchase of a child), as
amended.
      (16)   Section 28.02, Texas Penal Code (arson), as amended.
      (17)   Section 29.02, Texas Penal Code (robbery), as amended.
      (18)   Section 29.03, Texas Penal Code (aggravated robbery), as amended.
      (19)   Section 21.08, Texas Penal Code (indecent exposure), as amended.
      (20)   Section 21.12, Texas Penal Code (improper relationship between
educator and student), as amended.
      (21)   Section 21.15, Texas Penal Code (improper photography or visual
recording), as amended.
      (22)   Section 22.05, Texas Penal Code (deadly conduct), as amended.
      (23)   Section 22.021, Texas Penal Code (aggravated sexual assault), as
amended.
      (24)   Section 22.07, Texas Penal Code (terroristic threat), as amended.
      (25)   Section 33.021, Texas Penal Code (online solicitation of a minor),
as amended.
      (26)   Section 34.02, Texas Penal Code (money laundering), as amended.
      (27)   Section 35A.02, Texas Penal Code (Medicaid fraud), as amended.
      (28)   Section 42.09, Texas Penal Code (cruelty to animals), as amended.
      (29)   Chapter 31, Texas Penal Code (theft), as amended, that is
punishable as a felony.
      (30)   Section 30.02, Texas Penal Code (burglary), as amended.
      (31)   The laws of another state, federal law, or the Uniform Code of
Military Justice for an offense containing elements that are substantially
similar to the elements of an offense listed in this subsection.
   (b)   A person may not own or operate a boarding home facility or be
employed or volunteer in a position the duties of which involve direct contact
with a resident in a boarding home facility before the fifth anniversary of the
date the person is convicted of attempt, conspiracy, or solicitation of an
offense listed in Subsection (a), any felony offense not listed in Subsection
(a), or any of the following non-felony offenses:
      (1)   Section 48.052, Texas Human Resources Code (failure to report
abuse, neglect, or exploitation), as amended or Section 260A.012, Texas Health
and Safety Code (failure to report abuse, neglect, or exploitation), as
amended.
      (2)   Section 22.01, Texas Penal Code (assault), as amended, that is
punishable as a Class A misdemeanor.
      (3)   Chapter 31, Texas Penal Code (theft), as amended, that is
punishable as a Class A misdemeanor or felony.
      (4)   Section 32.45, Texas Penal Code (misapplication of fiduciary
property or property of a financial institution), as amended, that is
punishable as a Class A misdemeanor or a felony.
      (5)   Section 32.46, Texas Penal Code (securing execution of a document
by deception), as amended, that is punishable as a Class A misdemeanor or a
felony.
      (6)   Section 37.12, Texas Penal Code (false identification as peace
officer), as amended.
      (7)   Section 42.01(a)(7), (8), or (9), Texas Penal Code (disorderly
conduct involving a firearm), as amended.
      (8)   Section 42.062, Texas Penal Code (interference with emergency
request for assistance), as amended, that is punishable as a Class A
misdemeanor or felony.
      (9)   Section 42.07, Texas Penal Code (harassment), as amended that is
punishable as a Class A misdemeanor.
      (10)   Chapter 49, Texas Penal Code (driving while intoxicated), as
amended, that is punishable as a Class B misdemeanor, Class A misdemeanor, or
felony, if the boarding home facility provides transportation services.
      (11)   The laws of another state, federal law, or the Uniform Code of
Military Justice for an offense containing elements that are substantially
similar to the elements of an offense listed in this subsection.
   (c)   The licensee shall ensure that all employees and volunteers have had a
background check of conviction records, pending charges, and disciplinary board
decisions completed within the past 12 months, and is repeated every year
thereafter, and that the individual is not disqualified under this section. The
owner or operator shall immediately discharge any employee or volunteer whose
criminal history reveals conviction of a crime that bars employment or
volunteer service at a boarding home facility. A pending appeal of a criminal
conviction has no effect on disqualification under this section. (Ord. Nos.
28706; 29753)
SEC. 8A-38.   QUALIFICATIONS TO OWN, OPERATE, OR WORK IN FACILITIES WITH
PERSONS RECOVERING FROM SUBSTANCE OR ALCOHOL ABUSE.
   (a)   If a boarding home facility allows an individual who has an impairment
due to the illegal abuse of or addiction to a controlled substance to be a
resident, the licensee and all employees and volunteers (other than residents)
shall not have used a controlled substance within the previous year without a
prescription from a licensed professional.
   (b)   All operators, employees, and volunteers of a boarding home facility
shall completely abstain from illegally using controlled substances. The
licensee shall immediately remove from the premises of the boarding home
facility any non-resident owner, operator, employee, or volunteer who illegally
uses a controlled substance, whether on or off the premises, and shall not
allow that person to enter the premises of any boarding home facility under the
control of the owner or operator for a period of at least one year following
the violation. The licensee shall remove from the premises of the boarding home
facility, as promptly as possible under state law, any owner, operator,
employee, or volunteer who resides at the boarding home facility and who
illegally uses a controlled substance whether on or off the premises, and shall
not allow that person to enter the premises of any boarding home facility under
the control of the owner or operator for a period of at least one year
following the violation. However, nothing contained in this subsection shall be
construed to prohibit an operator, employee, or volunteer from taking a
prescription drug for which that person has a valid and current prescription.
   (c)   The licensee shall immediately remove from the premises of a boarding
home facility any non-resident owner, operator, employee, or volunteer who
currently abuses alcohol, whether on or off the premises, such that the abuse
of alcohol prevents that person from performing his or her job duties, if any,
at the boarding home facility or who, by reason of such current alcohol abuse,
constitutes a direct threat to the property or safety of others. The licensee
shall remove from the premises of a boarding home facility, as promptly as
possible under state law, any owner, operator, employee, or volunteer who
resides at the boarding home facility and who currently abuses alcohol, whether
on or off the premises, such that the abuse of alcohol prevents that person
from performing his or her job duties, if any, at the boarding home facility or
who, by reason of such current alcohol abuse, constitutes a direct threat to
the property or safety of others.
   (d)   If the licensee removes a person from the premises of a boarding home
facility under Subsection (c), the licensee shall not allow that person to re-
enter the premises of any boarding home facility under the control of the owner
or operator until that person is able to perform his or her job duties, if any,
at a boarding home facility and does not constitute a direct threat to the
property or safety of others. (Ord. Nos. 28706; 29753)
SEC. 8A-39.   ASSESSMENT AND PERIODIC MONITORING OF RESIDENTS.
   (a)   For any resident with dementia or who has been prescribed a controlled
substance or psychotropic medication, the licensee, or a designee of the
licensee, shall complete and document an annual assessment and conduct periodic
monitoring to ensure that each resident is capable of self-administering
medication and completing basic elements of personal care as listed in
Subsections (b) and (c). The assessment will be used as a tool to determine if
the needs of the resident can be provided by a boarding home facility or if the
resident needs personal care services or medication administration that cannot
be provided by the boarding home facility. The initial assessment of a resident
must be completed within 30 days after the date the resident began residing at
the facility.
   (b)   Elements of the self-administration of medication to be assessed
include the ability to perform each of the following tasks with little or no
assistance:
      (1)   Identifying the name of the medication.
      (2)   Providing a reason for the medication (the owner or operator cannot
force the resident to disclose a health condition that is the basis for the
medication if the resident refuses).
      (3)   Distinguishing color or shape.
      (4)   Preparing the correct number of pills (dosage).
      (5)   Confirming the time to take medications.
      (6)   Reading labels.
   (c)   Elements of personal care to be assessed by the licensee include but
are not limited to the resident’s ability to do the following:
      (1)   Eat independently.
      (2)   Bathe without assistance.
      (3)   Dress without assistance.
      (4)   Move and transfer independently.
   (d)   As a result of an assessment, if a licensee finds that a resident is
in a state of possible self-neglect due to no longer being able to perform
basic elements of personal care as listed in Subsection (c) and believes that a
higher level of care is needed, the owner or operator shall:
      (1)   contact the Texas Department of Family and Protective Services by
phoning the state-wide intake division at 1-800-252-5400;
      (2)   notify the resident’s guardian or legally authorized
representative;
      (3)   notify a family member designated by the resident, the legal
guardian, or the legally authorized representative; and
      (4)   contact the appropriate health or human services authority to
advise that the resident requires services beyond what can be provided by the
boarding home facility.
   (e)   A state of self-neglect does not exist if the resident receives
outside professional services that meet the resident’s need for personal care
or self- administration of medication. In these cases, the resident can remain
in the boarding home facility provided that all needs for personal care and
self- administration of medication are met. (Ord. Nos. 28706; 29753)
ARTICLE V.
ENFORCEMENT.
SEC. 8A-40.   VIOLATIONS; PENALTY.
   (a)   Regardless of a boarding home facility's licensing status, a person
who violates any provision of this chapter, or who fails to perform a duty
required by this chapter, commits an offense.
   (b)   A licensee, owner, operator, employee, or other person in control of a
licensed or unlicensed boarding home facility commits an offense if he or she
knowingly operates an unsafe facility that represents an immediate threat to
the health or safety of a resident, including a situation that has caused, or
is likely to cause, serious injury, harm, impairment, or death to a resident.
   (c)   A licensee, owner, operator, employee, or volunteer shall not operate
a boarding home facility in a manner that results in illegal or nuisance
activities including, but not limited to, disturbance of the peace, illegal
drug activity, harassment of passers-by, public urination, theft, assault,
vandalism, littering, illegal parking, loud noise, disorderly conduct, lewd
conduct, or police detention or arrests.
   (d)   An offense under this chapter is punishable by a fine not to exceed:
      (1)   $2,000 and/or up to 180 days in jail in accordance with Section
260.0051 of the Texas Health and Safety Code, as amended, if a person operates
a boarding home facility in the city without a valid license in violation of
Section
8A-4;
      (2)   $2,000 if the provision violated governs fire safety, public
health, or sanitation; or
      (3)   $500 for all other offenses.
   (e)   An offense under this chapter is punishable by a fine of not less than
$250 for a first conviction of a violation of this chapter.
   (f)   The minimum fine established in Subsection (e) will double for the
second conviction of the same offense within any 24-month period and treble 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 (d).
   (g)   A separate offense occurs each day or part of a day the violation is
committed, continued, or permitted.
   (h)   Emergency closing order.
      (1)   If the director finds a licensed or unlicensed boarding home
facility operating in violation of the standards prescribed by this chapter and
the violations create an immediate threat to the health and safety of a
resident in the facility, the director may order the immediate closing of all
or part of the facility.
      (2)   The order of immediate closure under Paragraph (1) is effective
immediately on providing written notice of the order to the owner or operator
by facsimile, e-mail, or hand-delivery.
      (3)   The order of closure of all or part of a boarding home facility is
valid for 10 days after its effective date.
      (4)   If the licensee, owner, or operator does not promptly relocate the
residents of the boarding home facility upon receiving the order of closure for
that facility, the city shall provide for the relocation of those residents. If
possible, the city will relocate those residents to a boarding home facility in
the city for which there is a current valid license. The relocation may not be
to a facility with a more restrictive environment unless all other reasonable
alternatives are exhausted. The director is authorized to seek to recover the
cost of relocating the residents from the owner and operator of the closed
facility.
      (5)   An emergency closing order may be appealed to the permit and
license appeal board in accordance with Section
2-96 as if it were a permit. The director and the permit and license appeal
board shall expedite any hearing or decision involving an emergency closing
order issued under this section. An appeal to the permit and license appeal
board does not stay enforcement of an emergency closing order.
   (i)   The city attorney may petition a district court or a county court at
law for civil penalties and for injunctive relief to restrain a continuing
violation of the standards or licensing requirements for a boarding home
facility under this chapter if the violation creates an immediate threat to the
health or safety of the facility residents.
   (j)   The remedies and procedures in this section and in other laws are
cumulative law, and the use of any particular remedy or procedure does not
prevent the enforcement of any other law.
   (k)   It is an affirmative defense to prosecution under this section that
the person is not an owner, operator, or employee of a boarding home facility
as defined by this chapter. (Ord. Nos. 28706; 29753; 32168; 32397)
SEC. 8A-41.   RETALIATION AGAINST RESIDENTS PROHIBITED.
   (a)   An operator commits an offense if the operator raises a resident's
rent, diminishes services to a resident, or attempts eviction of a resident
within six months after:
      (1)   the resident files a valid complaint with the director complaining
of a violation of this chapter on property occupied by the resident; a
complaint is considered valid if it results in an action described in
Paragraphs (2), (3), or (4) of this subsection;
      (2)   the director issues to the operator or the operator's agent a
written notice or citation listing any violation of this chapter that exists on
property occupied by the resident;
      (3)   the city attorney files an action under Article V of this chapter,
Chapter 54 of the Texas Local Government Code, or Chapter 260 of the Texas
Health and Safety Code relating to any violation of this chapter that exists on
property occupied by the resident;
      (4)   the resident, after filing a complaint with the director and the
operator or the operator's agent, files a written complaint with the city
attorney complaining of a violation of this chapter on property occupied by the
resident, unless the complaint is later withdrawn by the resident or dismissed
on the merits; or
      (5)   repairs are completed on property occupied by the resident in
compliance with either a written notice or citation issued by the director or a
court order.
   (b)   It is a defense to prosecution under Subsection (a) that:
      (1)   rent was increased pursuant to an escalation clause in a written
lease which provided for changes in costs of utilities, taxes, and insurance;
      (2)   rent was increased, services were reduced, or notices to vacate
were issued as part of a pattern of rent increases, service reductions, or
evictions for an entire boarding home facility;
      (3)   the resident was delinquent in rent when the operator gave notice
to vacate or filed an eviction action;
      (4)   the resident was responsible for or caused a violation of this
chapter that existed on property occupied by the resident;
      (5)   the resident's written lease fixing the rent, services, or term of
occupancy had expired, unless, at the time an action described in Subsection
(a)(1), (2), or (3) occurred, a violation of this chapter that was reasonably
dangerous to the physical health or safety of the resident or another person
existed on property occupied by the resident;
      (6)   the resident holds over after giving notice of termination or
intent to vacate;
      (7)   the resident holds over after the operator gives notice of
termination at the end of the rental term and, at the time the notice of
termination was given, the operator or the operator's agent had not received
actual notice that a valid complaint had been filed with the city complaining
of violations of this chapter on property occupied by the resident;
      (8)   before filing a complaint with the city complaining of a violation
of this chapter on property occupied by the resident, other than a violation
that is reasonably dangerous to the physical health or safety of the resident
or another person, the resident fails to comply with a written lease provision
requiring the resident to:
         (A)   notify the operator or the operator's agent, in writing, of the
violation; and
         (B)   allow the operator 15 days to correct the violation; or
      (9)   the operator proves that the rent increase, service reduction, or
attempted eviction was for good cause and not for purposes of retaliation
against the resident.
   (c)   An offense under this section may be prosecuted upon the filing of a
written complaint by the resident with the city attorney. (Ord. 32397)
CHAPTER 9
BICYCLES
ARTICLE I.
GENERAL.
Sec.
9-1.   Applicability of traffic regulations to bicycle and electric bicycle
riders.
Sec.
9-2.   [Reserved.]
Sec.
9-3.   [Reserved.]
Sec.
9-4.   Removal, etc., of serial numbers on bicycles; authorizing the chief of
police to confiscate same.
Sec.
9-5.   Responsibility of parent or guardian.
Sec.
9-6.   Bicycles prohibited on enumerated streets.
ARTICLE II.
BICYCLE HELMETS.
Sec.
9-7.   Definitions.
Sec.
9-8.   Bicycle helmet required.
Sec.
9-9.   Sale or lease of bicycles.
Sec.
9-10.   Penalty.
ARTICLE I.
GENERAL.
(Title - Ord. 22764, eff. 9/1/96)
SEC. 9-1.   APPLICABILITY OF TRAFFIC REGULATIONS TO BICYCLE AND ELECTRIC
BICYCLE RIDERS.
   (a)   In this section, ELECTRIC BICYCLE has the same meaning as it does in
Section 664.001 of the Texas Transportation Code.
   (b)   Every person riding a bicycle and an electric bicycle upon the streets
of the city shall be subject to provisions of all laws and ordinances
applicable to the driver of any other vehicle, except those provisions of laws
and ordinances which, by their very nature, can have no application; provided,
however, it shall not be unlawful to ride a bicycle or an electric bicycle on a
public sidewalk anywhere in the city outside of the central business district;
said district being formed by the following street lines:
   The south line of Young Street from Houston Street to Hawkins Street.
   The west line of Hawkins Street from Young Street to Pacific Avenue.
   The north line of Pacific Avenue from Hawkins Street to Pearl Street.
   The east line of Pearl Street from Pacific Avenue to Ross Avenue.
   The north line of Ross Avenue from Pearl Street to Austin Street.
   The west line of Austin Street from Ross Avenue to Pacific Avenue.
   The north line of Pacific Avenue from Austin Street to Houston Street.
   The west line of Houston Street from Pacific Avenue to Young Street.
   This provision which permits bicycles and electric bicycles to be operated
on public sidewalks is not meant to apply to any motor propelled vehicle of any
other type, but shall apply only to bicycles and electric bicycles. Any person
riding a bicycle or an electric bicycle upon a sidewalk shall yield the right-
of-way to any pedestrian and shall give audible signal before overtaking and
passing such pedestrian. (Ord. Nos. 13686; 31403)
SEC. 9-2.   RESERVED.
   (Repealed by Ord. 29373)
SEC. 9-3.   RESERVED.
   (Repealed by Ord. 29373)
SEC. 9-4.   REMOVAL, ETC., OF SERIAL NUMBERS ON BICYCLES; AUTHORIZING THE CHIEF
OF POLICE TO CONFISCATE SAME.
   It shall be unlawful for any person to willfully or maliciously remove,
destroy, mutilate or alter the serial number on the frame of a bicycle. The
chief of police is hereby authorized to confiscate any bicycle found to have a
serial number on the frame which has been removed, altered or mutilated and he
is further authorized to stamp new serial numbers on the frames of those
bicycles on which no serial number can be found, or on which the number is
illegible or insufficient for identification purposes. (Ord. 13686)
SEC. 9-5.   RESPONSIBILITY OF PARENT OR GUARDIAN.
   The parent of any child and the guardian of any ward shall not authorize or
knowingly permit any such child or ward who would not be subject to prosecution
in the municipal court to violate any of the provisions of this chapter. (Ord.
13686)
SEC. 9-6.   BICYCLES PROHIBITED ON ENUMERATED STREETS.
   No person shall operate, ride, push, pull, or walk a bicycle, other than an
electric bicycle, as defined in Section 664.001 of the Texas Transportation
Code, on any of the following freeways or expressways:
STREET LIMITS
STREET                    LIMITS
Central Expressway        Live Oak north to city limits
Central Expressway        Grand south to city limits
C. F. Hawn Freeway        All portions within the city limits
John W. Carpenter Freeway All portions within the city limits
Lyndon B. Johnson Freeway All portions within the city limits
Marvin D. Love Freeway    All portions within the city limits
R. L. Thornton Freeway    All portions within the city limits
Stemmons Freeway          All portions within the city limits
Walton Walker Boulevard   All portions within the city limits
Interstate 345            All portions within the city limits
 
(Ord. Nos. 13875; 31403)
ARTICLE II.
BICYCLE HELMETS.
SEC. 9-7.   DEFINITIONS.
   (a)   In this article:
      (1)   DEALER means any commercial establishment that sells or leases new
or used bicycles, whether as its principal business activity or in connection
with the selling or leasing of other merchandise, from a place of business
within the city.
      (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)   HELMET means a properly-fitted bicycle helmet that:
         (A)   is not structurally damaged; and
         (B)   conforms to current standards of the American National Standards
Institute, the American Society for Testing and Materials, the Snell Memorial
Foundation, or any federal agency having regulatory jurisdiction over bicycle
helmets.
      (4)   MINOR means any person under 18 years of age.
      (5)   PARENT means a person who is the natural parent, adoptive parent,
or step-parent of another person.
      (6)   PUBLIC WAY means any property located within the city that is
publicly owned or maintained, including but not limited to a publicly owned or
maintained street, highway, alley, sidewalk, trail, or park facility.
      (7)   WEARING A HELMET means that a helmet is properly attached to a
person’s head with the chin straps of the helmet securely fastened and
tightened. (Ord. Nos. 22764; 29373)
SEC. 9-8.   BICYCLE HELMET REQUIRED.
   (a)   A minor commits an offense if he operates or rides upon a bicycle or
any side car, trailer, child carrier, seat, or other device attached to a
bicycle without wearing a helmet.
   (b)   A parent or guardian of a minor commits an offense if he knowingly
causes or permits, or by insufficient control allows, the minor to operate or
ride upon a bicycle or any side car, trailer, child carrier, seat, or other
device attached to a bicycle, without the minor wearing a helmet.
   (c)   A person commits an offense if he transports a minor upon a bicycle or
any side car, trailer, child carrier, seat, or other device attached to a
bicycle, without the minor wearing a helmet.
   (d)   It is a defense to prosecution under Subsection (a), (b), or (c) that:
      (1)   the bicycle was not being operated upon a public way at the time of
the alleged offense; or
      (2)   for a first offense only, the person owns or has acquired a helmet
for himself or his passenger, whichever is applicable, prior to appearance in
municipal court. (Ord. Nos. 22764; 29373)
SEC. 9-9.   SALE OR LEASE OF BICYCLES.
   (a)   A dealer commits an offense if he sells a bicycle or any bicycle side
car, trailer, or child carrier without having a sign conspicuously posted on
the dealer’s premises, in the form, location, and manner approved by the chief
of police, notifying all customers that it is a city ordinance violation for a
minor to operate or ride upon a bicycle without a helmet.
   (b)   A dealer commits an offense if he leases a bicycle or any bicycle side
car, trailer, or child carrier without:
      (1)   providing a helmet to each minor who will operate or ride upon the
bicycle or bicycle side car, trailer, or child carrier; or
      (2)   determining through physical observation that a helmet is in the
possession of each minor who will operate or ride upon the bicycle or bicycle
side car, trailer, or child carrier. (Ord. Nos. 22764; 29373)
SEC. 9-10.   PENALTY.
   An offense under this article is punishable by a fine not to exceed:
      (1)   $10 for the first offense;
      (2)   $25 for the second offense; and
      (3)   $50 for the third and each subsequent offense. (Ord. 22764)
CHAPTER 9A
BILLIARD HALLS
Sec.
9A-1.   Definitions.
Sec.
9A-2.   License required.
Sec.
9A-3.   Issuance of license; posting.
Sec.
9A-4.   Fees.
Sec.
9A-5.   Hours of operation.
Sec.
9A-6.   Expiration of license; denial of renewal application.
Sec.
9A-7.   Suspension.
Sec.
9A-8.   Revocation.
Sec.
9A-9.   Appeal.
Sec.
9A-10.   Transfer of license.
Sec.
9A-11.   Persons under 17 prohibited.
Sec.
9A-12.   Inspection.
Sec.
9A-13.   Occupation tax.
SEC. 9A-1.   DEFINITIONS.
   In this chapter:
      (1)   BILLIARDS means any game played on a table with balls and cue
sticks where the balls are struck by the sticks and the balls strike against
one another.
      (2)   BILLIARD HALL means any place operated for profit where billiards
are played, except those places operated by religious, charitable, and
educational organizations.
      (3)   LICENSEE means the person in whose name a license to operate a
billiard hall has been issued, as well as the individual(s) listed as applicant
(s) on the application for a billiard hall license.
      (4)   PERSON means an individual, partnership, company, corporation,
association, firm, organization, institution, or similar entity. (Ord. 15552)
SEC. 9A-2.   LICENSE REQUIRED.
   (a)   A person shall not operate a billiard hall without a billiard hall
license. A person who holds a license shall operate a billiard hall in
conformance with the restrictions in Section
9A-5.
   (b)   An application for a license must be made on a form provided by the
chief of police. The applicant must be qualified according to the provisions of
this chapter and the applicant’s premises must be inspected and found to be in
compliance with the law by the department of code compliance, the fire
department, and the building official.
   (c)   If a person who wishes to operate a billiard hall is an individual he
must sign the application for a license as applicant. If a person who wishes to
operate a billiard hall is other than an individual, each individual who has a
20 percent or greater interest in the business must sign the application for a
license as applicant. Each applicant must meet the requirements of Section
9A-3(a) and each applicant shall be considered a licensee if a license is
granted. (Ord. Nos. 15552; 22026; 27697)
SEC. 9A-3.   ISSUANCE OF LICENSE; POSTING.
   (a)   The chief of police shall issue a license to an applicant within 30
days after receipt of an application unless the chief finds one or more of the
following to be true:
      (1)   An applicant is under 18 years of age.
      (2)   Reserved.
      (3)   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.
      (4)   Reserved.
      (5)   An applicant is physically or mentally incapacitated to an extent
that the applicant cannot operate a billiard hall.
      (6)   An applicant has failed to answer or has falsely answered a
question or request for information on the application form provided.
      (7)   An applicant or an applicant’s spouse has been convicted of a
violation of a provision of this chapter within two years immediately preceding
the application. The fact that a conviction is being appealed has no effect.
      (8)   An applicant is residing with a person who has been denied a
license by the city to operate a billiard hall within the preceding 12 months,
or residing with a person whose license to operate a billiard hall has been
revoked within the preceding 12 months.
      (9)   An applicant’s premises have not been approved by the department of
code compliance, the fire department, and the building official.
      (10)   The license fee required by this chapter has not been paid.
      (11)   An applicant or an applicant’s spouse has been convicted of:
         (A)   a felony; or
         (B)   a misdemeanor involving an offense of:
            (i)   prostitution;
            (ii)   promotion of prostitution;
            (iii)   public lewdness;
            (iv)   gambling;
            (v)   violation of the Texas Controlled Substances and Dangerous
Drugs Act; or
            (vi)   unlawfully carrying a weapon;
and five years have not elapsed since the termination of any sentence, parole,
or probation. The fact that a conviction is being appealed has no effect.
      (12)   An applicant has been employed in a billiard hall in a managerial
capacity within the preceding 12 months and has demonstrated that he is unable
to operate or manage a billiard hall premises in a peaceful and law-abiding
manner.
      (13)   An applicant has been operating the proposed business as a
billiard hall without a valid license issued under this chapter.
   (b)   The license, if granted, must state on its face the name of the person
to whom it is granted, the expiration date, and the address of the billiard
hall. The license must be posted in a conspicuous place at or near the entrance
to the billiard hall so that it may be easily read at any time. (Ord. Nos.
15222; 16066; 22026; 25424; 27697)
SEC. 9A-4.   FEES.
   A nonrefundable fee of $52 per billiard table will be charged annually.
(Ord. Nos. 15552; 22206; 29477; 30653; 32003)
SEC. 9A-5.   HOURS OF OPERATION.
   (a)   A person commits an offense if he operates a billiard hall between the
hours of 2:00 a.m. and 7:00 a.m., Monday through Saturday, and between the
hours of 2:00 a.m. and 12 noon on Sunday, unless authority to operate on a 24
hour basis has been granted by the chief of police and the letter so stating is
displayed in a conspicuous place at or near the entrance to the billiard hall.
   (b)   A person who holds a billiard hall license may apply to operate 24
hours each day. Authority to operate 24 hours each day shall not be granted if
the sale or service of alcoholic beverages on the billiard hall premises
provides more than 50 percent of the gross revenue derived from all business
activities conducted on the premises. Approval to operate on a 24 hour basis
will be by a letter signed by the chief of police or his designated
representative, and will show the name of the license holder and the address of
the billiard hall. The letter will be displayed in the same location and manner
as the billiard hall license and shall be valid for the same period of time as
the billiard hall license. (Ord. 15552)
SEC. 9A-6.   EXPIRATION OF LICENSE; DENIAL OF RENEWAL APPLICATION.
   (a)   Each license shall expire one year from the date of issuance and may
be renewed only by making application as provided in Section
9A-2. 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.
   (b)   When the chief of police denies renewal of a license, the applicant
shall not be issued a license for one year from the date of denial unless the
chief of police finds that the basis for denial of the renewal license has been
corrected or abated, in which case the applicant may be granted a license if at
least 90 days have elapsed since the date denial became effective. (Ord. 15552)
SEC. 9A-7.   SUSPENSION.
   The chief of police shall suspend a license for a period not exceeding 30
days if he determines that a licensee or an employee of a licensee has:
      (1)   violated Section
9A-3(b), Section
9A-5, Section
9A-10, or Section
9A-11(b) of this chapter;
      (2)   engaged in excessive use of alcoholic beverages while on the
billiard hall premises;
      (3)   refused to allow an inspection of the billiard hall premises as
authorized by this chapter;
      (4)   knowingly permitted gambling by any person on the billiard hall
premises;
      (5)   knowingly permitted an intoxicated person to remain on the
premises; or
      (6)   demonstrated inability to operate or manage a billiard hall
premises in a peaceful and law abiding manner, thus necessitating action by law
enforcement officers. (Ord. 15552)
SEC. 9A-8.   REVOCATION.
   (a)   The chief of police shall revoke a license if a cause of suspension in
Section
9A-7 occurs and the license has been suspended within the preceding 12 months.
   (b)   The chief of police shall revoke a license upon determining that:
      (1)   a licensee has given false or misleading information in the
material submitted to the chief of police during the application process;
      (2)   a licensee or an employee is unable to lawfully operate the
billiard hall because of physical or mental impairment;
      (3)   a licensee or an employee has knowingly allowed possession, use, or
sale of controlled substances on the premises;
      (4)   a licensee or an employee has knowingly allowed prostitution on the
premises;
      (5)   a licensee or an employee knowingly permitted a customer to play
billiards during a period of time when the billiard hall license was suspended;
or
      (6)   a licensee has been convicted of:
         (A)   a felony; or
         (B)   a misdemeanor involving an offense of:
            (i)   prostitution;
            (ii)   promotion of prostitution;
            (iii)   public lewdness;
            (iv)   gambling;
            (v)   violation of the Texas Controlled Substances and Dangerous
Drugs Act; or
            (vi)   unlawfully carrying a weapon;
and five years have not elapsed since the termination of any sentence, parole,
or probation. The fact that a conviction is being appealed has no effect.
   (c)   When the chief of police revokes a license, the revocation will
continue for one year and the licensee may not be issued a billiard hall
license for one year from the date revocation became final. If, subsequent to
revocation, the chief of police 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 (b)(6), an applicant may not apply for or
be granted another license until the appropriate number of years required under
that subsection have elapsed. (Ord. Nos. 15552; 16066; 25424)
SEC. 9A-9.   APPEAL.
   If the chief of police denies the issuance of a license, or suspends or
revokes a license, or denies authority to operate on a 24 hour basis, he shall
send to the applicant, or licensee, by certified mail, return receipt
requested, written notice of his action and the right to an appeal. The
aggrieved party may appeal the decision of the chief of police 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 chief of
police in suspending or revoking a license until the permit and license appeal
board makes a final decision. (Ord. Nos. 15552; 16066; 18200)
SEC. 9A-10.   TRANSFER OF LICENSE.
   A licensee shall not transfer his license to another, not shall a licensee
operate a billiard hall under the authority of a license at any place other
than the address designated in the application. (Ord. 15552)
SEC. 9A-11.   PERSONS UNDER 17 PROHIBITED.
   (a)   No person under the age of 17 years may enter a billiard hall unless
accompanied by a parent or guardian. A person commits an offense if he falsely
represents himself to be either a parent or guardian of a person under the age
of 17 years for the purpose of gaining the person’s admittance into a billiard
hall.
   (b)   A licensee or an employee of a licensee commits an offense if he
knowingly allows a person under the age of 17 years to enter or remain upon the
premises of a billiard hall unless the person is accompanied by a parent or
guardian.
   (c)   A licensee shall post at or near each entrance to a billiard hall a
conspicuous sign containing the words “Persons under 17 Prohibited without
Parent or Guardian, City of Dallas Ordinance,” or other language that clearly
prohibits a person under the age of 17 years from entering the billiard hall
unless accompanied by a parent or guardian. (Ord. Nos. 15552; 20199)
SEC. 9A-12.   INSPECTION.
   Representatives of the department of code compliance, the fire department,
the police department, and the building official may inspect the premises of a
billiard hall, for the purpose of ensuring compliance with the law, at any time
it is open for business. (Ord. Nos. 15552; 22026; 27697)
SEC. 9A-13.   OCCUPATION TAX.
   In addition to the license fees imposed by this article, an occupation tax
of one-half the amount levied by the state is levied on every billiard table
(whether coin operated or not) on which the state levies such tax. (Ord. 15552)
CHAPTER 9B
BUILDING SECURITY
ARTICLE I.
IN GENERAL.
Sec.
9B-1.   Definitions.
Sec.
9B-2.   Areas permanently closed to the public.
Sec.
9B-3.   Hours buildings are closed to the public.
Sec.
9B-4.   Unlawful to enter closed sections.
Sec.
9B-5.   Authority to post signs.
ARTICLE II.
DALLAS SECURITY OFFICERS.
Sec.
9B-6.   Created; duties.
Sec.
9B-7.   Authority.
Sec.
9B-8.   Retirement eligibility.
Sec.
9B-9.   Survivor’s assistance.
ARTICLE I.
IN GENERAL.
SEC. 9B-1.   DEFINITIONS.
   In this chapter:
   (1)   CITY HALL means the building containing administrative offices of the
city located at 1500 Marilla Street, Dallas, Texas, including, but not limited
to, the two underground levels, and the surrounding grounds bounded by Young
Street, Canton Street, South Ervay Street, and South Akard Street.
   (2)   MUNICIPAL BUILDING means the building containing administrative
offices of the city, located at 2014 Main Street, Dallas, Texas, including but
not limited to, the basement, sub-basement, the parking areas adjacent to the
building, and the alleys and sidewalks adjacent to the building.
   (3)   POLICE AND COURTS BUILDING means the building containing the municipal
courts, jail, and administrative offices of the police department of the city
located at 106 South Harwood Street, Dallas, Texas, including but not limited
to, the basement, sub-basement, and sidewalks adjacent to the building. (Ord.
16157)
SEC. 9B-2.   AREAS PERMANENTLY CLOSED TO THE PUBLIC.
   (a)   The following areas of city hall are permanently closed to the public:
      (1)   Police and fire dispatch center on the L1 basement level in module
A North.
      (2)   The water utilities accounting area on the first floor in module A
North.
      (3)   The tax accounting area on the second floor in module D South.
      (4)   Information services computer room and tape library on the third
floor in modules B, C, and D South.
      (5)   The city attorney’s copy center, record storage room, and word
processing center on the seventh floor in module C North.
      (6)   The building mechanical room on the seventh floor South.
      (7)   The building mechanical room on the eighth floor.
      (8)   The electrical, mechanical, and telephone closets throughout the
building.
      (9)   The municipal archives and records center operated by the city
secretary on the L2 basement level in module D North.
   (b)   The following areas of the municipal building and police and courts
building are permanently closed to the public:
      (1)   The sub-basements of the municipal building and police and courts
building;
      (2)   The employee working areas of the fines and docket record room on
the first floor of the municipal building;
      (3)   The city jail on the fourth and fifth floors of the police and
courts building;
      (4)   Penthouse and elevator machine room on the fifth floor of the
municipal building;
      (5)   The police locker room in the police and courts building;
      (6)   The record and identification sections of the police department in
the basement of the police and courts building.
   (c)   The areas listed in Subsections (a) and (b) are not closed to an
officer or employee of the city engaged in the performance of his official
duties who complies with procedures set forth in official administrative
directives and regulations regarding security. (Ord. Nos. 16157; 19312; 20211)
SEC. 9B-3.   HOURS BUILDINGS ARE CLOSED TO THE PUBLIC.
   (a)   All portions of the city hall that are not permanently closed to the
public, are closed to the public from 6:00 p.m. until 6:00 a.m. on weekdays and
are closed to the public from 6:00 p.m. Friday until 6:00 a.m. the following
Monday and on all employee holidays authorized by the city council; provided,
that the exterior grounds and parking facilities at the city hall shall at all
times be open to the public as prescribed by building regulations.
   (b)   All portions of the police and courts building and the municipal
building that are not permanently closed to the public, are closed to the
public from 11:00 p.m. until 7:00 a.m. on weekdays and are closed to the public
on weekends from 11:00 p.m. Friday until 7:00 a.m. the following Monday and on
all employee holidays authorized by the city council; provided, that the
basement, first floor, second floor, and the visiting room on the fourth floor
of the police and courts building shall at all times be open to the public for
the purpose of attending court sessions, paying fines, posting bond, and
visiting prisoners at times prescribed by the police department; and provided
further, that the sidewalks and alleys shall at all times be open to the
public.
   (c)   This section does not apply to an officer or employee of the city who
enters those portions of the city hall, the police and courts building, or the
municipal building, not permanently closed to the public, during closed hours
when the person is engaged in the performance of official duties and complies
with the procedures set forth in official administrative directives and
regulations regarding security.
   (d)   This section does not apply to a member of the general public who is
attending an authorized public meeting, a prescribed class of instruction, or
an authorized event, with respect to those portions of the premises where the
meeting, class, or event is being held and those portions of the premises
necessary to gain access to the meeting, class, or event. (Ord. 16157)
SEC. 9B-4.   UNLAWFUL TO ENTER CLOSED SECTIONS.
   (a)   A person commits an offense if he:
      (1)   enters the city hall, municipal building, or police and courts
building during closed hours; or
      (2)   enters a portion of the city hall, municipal building, or police
and courts building that is permanently closed to the public.
   (b)   It is a defense to prosecution under this section that the person is
an officer or employee of the city, is engaged in the performance of official
duties, and has complied with procedures set forth in official administrative
directives and regulations regarding security.
   (c)   It is a defense to prosecution under Subsection (a)(1) that the person
was attending an authorized public meeting, class, or event and did not go
beyond those portions of the building necessary to gain access to the meeting,
class, or event. (Ord. 16157)
SEC. 9B-5.   AUTHORITY TO POST SIGNS.
   The chief of police, or his designated representative, is authorized to
place and maintain signs at those areas that are permanently closed to the
public. The signs shall state that each area is permanently closed to the
public, specifically mention this chapter, state the maximum penalty for
violation, and be posted so as to afford adequate notice to the public of the
restricted status of each area. (Ord. Nos. 16157; 19679)
ARTICLE II.
DALLAS SECURITY OFFICERS.
SEC. 9B-6.   CREATED; DUTIES.
   (a)   There is hereby created in the office of the city marshal personnel
known as Dallas security officers.
   (b)   Dallas security officers shall perform the following duties:
      (1)   maintain security and protection for premises and lawful occupants
of premises that are owned, occupied, or managed by the city and ensure orderly
and lawful conduct and activities on those premises; and
      (2)   perform such other duties as may be required by the city marshal.
(Ord. Nos. 16157; 17151; 19312; 19679; 22026; 23694; 30994; 32557)
SEC. 9B-7.   AUTHORITY.
   While at an assigned place of duty, a person employed as a Dallas security
officer:
      (1)   is vested with the power of arrest for misdemeanor breaches of the
peace, to prevent the consequences of theft and felonies in the officer's
presence, limited to situations arising out of enforcement of the officer's
specific duties and further limited to the specific authority contained in the
officer's warrant of appointment;
      (2)   may carry and use a firearm when authorized by the city marshal;
and
      (3)   must be identified by uniform and badge. (Ord. Nos. 16157; 19679;
22026; 23694; 30994; 32557)
SEC. 9B-8.   RETIREMENT ELIGIBILITY.
   Dallas security officers shall not be eligible for membership in the
firemen, policemen and fire alarm operator's pension fund created pursuant to
Article 6243a, Vernon's Texas Civil Statutes; however, they shall be eligible
for membership in the employee's retirement fund of the city of Dallas. (Ord.
Nos. 16157; 19679; 30994)
SEC. 9B-9.   SURVIVOR’S ASSISTANCE.
   Dallas security officers shall be deemed members of an auxiliary unit with
powers to make arrests, for the purpose of qualifying for survivor's assistance
benefits under the provisions of Article 6228f, Vernon's Texas Civil Statutes.
(Ord. Nos. 16157; 16218; 19679; 30994)
CHAPTER 9C
RESERVED
   (Repealed by Ord. 29754)
CHAPTER 10
RESERVED
   (Repealed by Ord. 29596)
CHAPTER 10A
RESERVED
   (Repealed by Ord. 29596)
CHAPTER 10B
RESERVED
   (Repealed by Ord. 29596)
CHAPTER 11
CEMETERIES AND BURIALS
Sec.
11-1.   Establishment of new cemeteries prohibited; exception.
Sec.
11-2.   Recognition and authorization of existing cemeteries.
Sec.
11-3.   Extension of cemetery limits.
Sec.
11-4.   Sexton - Required; approval by council.
Sec.
11-5.   Same - Report of state law violators.
Sec.
11-6.   Depth of grave; exception for burial vaults.
Sec.
11-7.   Orders for immediate interment.
Sec.
11-8.   Burial of paupers - Use of public pauper cemetery generally.
Sec.
11-9.   Same - City contract for interment.
Sec.
11-10.   Burial generally - Outside authorized cemetery.
Sec.
11-11.   Same - On private property; director of public health authorized to
disinter; exception.
Sec.
11-12.   Burial-transit permit.
Sec.
11-13.   Report of death required.
Sec.
11-14.   Unlawful delivery and receipt of body.
Sec. 11-15.   Reserved.
Sec. 11-16.   Reserved.
Sec. 11-17.   Reserved.
Sec.
11-18.   Regulations.
Sec.
11-19.   Official visiting hours; regulations generally.
SEC. 11-1.   ESTABLISHMENT OF NEW CEMETERIES PROHIBITED; EXCEPTION.
   (a)   It shall be unlawful for any person to lay out or establish a public
or private burying ground within the city.
   (b)   Subsection (a) does not apply to the establishment of a national
cemetery for veterans pursuant to Chapter 24, Title 38 of the United States
Code Annotated, as amended. (Code 1941, Art. 15-3; Ord. 22368)
SEC. 11-2.   RECOGNITION AND AUTHORIZATION OF EXISTING CEMETERIES.
   The following named cemeteries now established within the city or subject to
the jurisdiction of the city are hereby recognized and authorized as legal and
proper places for the interment of persons who may die in the city or who may
be brought to the city for burial:
      Calvary Hill Cemetery, 3235 Lombardy Lane.
      Calvary Cemetery, Campbell N.E.
      Corner Hall Street.
      Crown Hill Memorial Park and Mausoleum, 9718 Webb Chapel Road.
      Emanuel Cemetery, Lemmon Avenue Corner Campbell Street.
      Forest Lawn Cemetery, 10977 Harry Hines Boulevard.
      Grove Hill Cemetery, 4118 Samuell Boulevard.
      Greenwood Cemetery, Campbell Street and Lemmon Avenue.
      Hillcrest Memorial Park, 7403 Northwest Highway.
      Hillcrest Mausoleum, 7407 Northwest Highway.
      Laurel Land Memorial Park, 6000 South Beckley.
      Lincoln Memorial Park, 1621 North Haskell Lisbon Cemetery, 4315 Denley
Drive.
      Oak Cliff Cemetery, 1300 East Eighth Street.
      Oakland Cemetery, 3808 Oakland Avenue.
      Pleasant Mound Cemetery, Scyene Road and Buckner Boulevard.
      Restland Memorial Park, Greenville Avenue and Valley View Lane.
      Shearith Israel Cemetery, 4600 Block Dolphin Road.
(Code 1941, Art. 15-1; Ord. Nos. 4974; 7799)
SEC. 11-3.   EXTENSION OF CEMETERY LIMITS.
   The limits of any cemetery in the city shall never be extended, unless
authority has been granted by the city council. (Code 1941, Art. 15-2.)
SEC. 11-4.   SEXTON - REQUIRED; APPROVAL BY COUNCIL.
   There shall be a sexton in charge of every cemetery and burying ground
authorized and established by law, and the name of such sexton shall be
certified to the director of public health by the person owning or controlling
such cemetery or burying ground. The appointment of sextons shall be subject to
the approval of the city council. Sextons will be entrusted to keep cemetery
records and plot maps as directed by the director of public health. (Code 1941,
Art. 15-4; Ord. 7799)
SEC. 11-5.   SAME - REPORT OF STATE LAW VIOLATORS.
   It shall be the duty of every sexton to report to the director of public
health any violation of Articles 528 and 529 of the Penal Code of the state.
(Code 1941, Art. 15-12.)
SEC. 11-6.   DEPTH OF GRAVE; EXCEPTION FOR BURIAL VAULTS.
   No body of any deceased person shall be buried in any cemetery in the city
at a less depth than five feet below the surface of the ground; provided, that
the provisions of this section shall not apply to cases where burial vaults or
tombs have been or may be erected for the reception of the bodies of deceased
persons. (Code 1941, Art. 15-8.)
SEC. 11-7.   ORDERS FOR IMMEDIATE INTERMENT.
   Whenever the interment of the body of any deceased person has, in the
opinion of the director of public health, been unnecessarily delayed or
whenever the interment of the body of a deceased person, for sanitary reasons
or for the protection of public health, should take place forthwith, it shall
be the duty of the director of public health to issue an order directing such
interment immediately. The order shall be directed to the person in charge of
the body and a failure to comply with the order shall render the person guilty
of an offense. Directors of all authorized funeral homes shall report to the
director of public health the name of any deceased in their charge that has
awaited burial, cremation, or entombment for a period of more than two weeks.
(Code 1941, Art. 15-10; Ord. Nos. 7799; 19963)
SEC. 11-8.   BURIAL OF PAUPERS - USE OF PUBLIC PAUPER CEMETERY GENERALLY.
   It shall be unlawful for any person to bury any human body in the public
pauper cemetery except the body of a pauper or the body of any person for whose
burial no means, financial or otherwise, can be found or furnished. It shall be
unlawful for any person to bury any body in the public pauper cemetery until
and unless such person has theretofore filed with the director of public health
a sworn statement to the effect that no means, financial or otherwise, has been
found for the burial. (Code 1941, Art. 15-5)
SEC. 11-9.   SAME - CITY CONTRACT FOR INTERMENT.
   All dead bodies shall be properly interred in some authorized cemetery or
burying ground, except as herein otherwise provided. The city council is hereby
authorized to cause a contract or contracts to be executed by the city with
some competent undertaker or undertakers, on such terms and conditions as may
be satisfactory to the city council, binding such undertaker or undertakers to
properly and legally bury and inter all human dead bodies of paupers which are
identified or for the expense of the burial of which no means, financial or
otherwise, can be found or furnished, and to bury and inter such bodies under
the direction of the city council and of the director of public health and to
their satisfaction.
   Such contract shall, among other things, provide that:
   (a)   All work shall be handled in a sanitary manner and in strict
compliance with the rules as set forth by the board of health of the state and
the city.
   (b)   All bodies shall be washed and arterially embalmed, and males shall be
shaved.
   (c)   All bodies shall be clothed in a complete suit of underwear, hose and
burial shroud.
   (d)   For adults, the contractor shall furnish a casket covered with black
cloth upholstered with a good grade of domestic wood and wool and lined with a
good grade of embossed lining. The casket shall be trimmed and ornamented with
six handles, name plate, crucifix or lodge emblem.
   (e)   For children, the contractor shall furnish a casket covered with white
plush and trimmed as set out above.
   (f)   The contractor shall furnish with each casket an outside box.
   (g)   In case of death from a contagious disease, there must be compliance
with the rules and regulations of the board of health of the state and the
city.
   (h)   The contractor shall use every effort possible to locate relatives and
friends of the deceased and shall hold unknown bodies until they are satisfied
that identification of such body is impossible.
   (i)   The contractor shall keep a complete record of all cases handled by
him, for the information of the police department, or any person seeking to
locate lost relatives or friends. (Code 1941, Art. 15-17)
SEC. 11-10.   BURIAL GENERALLY - OUTSIDE AUTHORIZED CEMETERY.
   It shall be unlawful for any person to bury the body of any deceased person
anywhere within the city other than in a cemetery duly authorized and
recognized as a public burying ground under the terms of this chapter, except
by special permission granted by the director of public health. If the body of
any deceased person is buried anywhere within the city except in a legally
authorized cemetery or burying ground without such permission, then the
director of public health may require the person so burying such body to
disinter such body and bury the same in a duly authorized cemetery or burying
ground. The failure of any such person to comply with such order of the
director of public health shall subject such person to the penalty prescribed
by Section
13-1. (Code 1941, Art. 15-6; Ord. 11282)
SEC. 11-11.   SAME - ON PRIVATE PROPERTY; DIRECTOR OF PUBLIC HEALTH AUTHORIZED
TO DISINTER; EXCEPTION.
   If the body of any deceased person be found buried on any lot or ground in
the city, the owner or agent of which lot or ground cannot be found, it shall
be lawful and is hereby made the duty of the director of public health of the
city to cause such body to be disinterred and buried in a cemetery established
by this chapter; provided, however, that the provisions of this section shall
not apply to the remains of deceased persons which have been interred prior to
the passage of this chapter. (Code 1941, Art. 15-7)
SEC. 11-12.   BURIAL - TRANSIT PERMIT.
   If a dead body or fetus is to be removed from this state, transported by
common carrier within this state, or cremated, or if a disinterred body is to
be removed from the cemetery where it was interred, the funeral director, or
person acting as funeral director, shall obtain a burial-transit permit from
the director of public health. (Code 1941, Art. 15-11; Ord. 14351)
SEC. 11-13.   REPORT OF DEATH REQUIRED.
   Before the sexton of a cemetery permits the body of a deceased person who
has died within this state to be interred in the cemetery, he shall require to
be delivered to him from the person seeking to bury the body, a copy of the
state department of health report of death form which has been filed by the
funeral director with the local registrar within whose jurisdiction the death
occurred. If the body is transported from outside the state, before the sexton
permits the body of the deceased person to be interred in the cemetery, he
shall require to be delivered to him from the person seeking to bury the body,
a copy of the burial-transit permit issued in accordance with the law and
regulations of the jurisdiction where the death occurred. (Code 1941, Art. 15-
14; Ord. 7799, Ord. 14351)
SEC. 11-14.   UNLAWFUL DELIVERY AND RECEIPT OF BODY.
   It shall be unlawful for a person to convey or deliver the body of a
deceased person to a cemetery in the city or for a sexton of a cemetery to
receive the body of a deceased person, unless the body is accompanied by either
a valid state department of health report of death form which has been filed by
the funeral director with the local registrar within whose jurisdiction the
death occurred or a valid burial-transit permit. (Code 1941, Art. 15-13; Ord.
14351)
SECS. 11-15 THRU 11-17.   RESERVED.
   (Repealed by Ord. 14351)
SEC. 11-18.   REGULATIONS.
   All cemeteries and burying grounds without the city and within 3,000 feet of
the city limits are hereby made subject to the provisions of this section.
   (a)   The person controlling or operating such cemeteries shall file with
the director of public health a written application to operate such cemetery or
burying ground. It shall be unlawful for such cemetery or burying ground to
thereafter operate, and it shall be unlawful for anyone to be buried in such
cemetery, unless such application shall be made.
   (b)   Such application shall state,
      (1)   a description of the cemetery by metes and bounds and, if part is
without the city and within 3,000 feet of the city, such part shall be
described as above,
      (2)   the name of the person controlling or operating the cemetery,
      (3)   the sexton in immediate charge of same.
   (c)   The director of public health shall forthwith examine such cemetery
and, if same is conducted in a sanitary manner and is not injurious to the
health and comfort of the inhabitants of the city, a permit to continue the
operation of such cemetery shall be issued by the director of public health. If
the operation of such cemetery is unsanitary and if it is likely to injure the
public health or inconvenience the public comfort of the inhabitants of the
city, such permit shall be refused. If same is refused, the applicants may
renew their application to the city council whose action thereon shall be
final.
   (d)   No new cemetery or part thereof shall be opened in such territory, or
the limits of any cemetery extended, unless application is made direct to the
city council, and their authority obtained.
   (e)   Any cemetery in such territory shall, at all times, be in the charge
of a competent sexton who shall be present at such cemetery during all
reasonable hours of the day. The sexton shall keep an accounting of all
burials, the location of the graves by record book and plat map, the names of
the persons buried and the names of the persons arranging for the burial.
   (f)   No person shall ever bury a deceased person in any cemetery in such
territory, or any part of a cemetery if the part of a cemetery is in such
territory, unless the cemetery or part thereof in such territory shall be
operated in full compliance with this chapter. No person shall bury any
deceased person in any grave that is not excavated to a depth of at least five
feet below the surface of the ground, except that persons may be buried in
burial vaults or tombs erected in such territory.
   (g)   The limits of any cemetery lawfully operating in such territory shall
never be extended unless authority is obtained from the authorities of the
city. (Code 1941, Art. 16-1; Ord. 7800)
SEC. 11-19.   OFFICIAL VISITING HOURS; REGULATIONS GENERALLY.
   (a)   All cemeteries and burying grounds within the city, including those
that are no longer used for interment purposes, regardless of whether they are
listed or not under Section
11-2, and those regulated under Section
11-18, whether public or private, shall be officially open for any authorized
use, such as visiting, care of graves, services for the burial of the dead and
other appropriate uses from one-half hour before official sunrise, Central
Standard Time, until one-half hour after official sundown, Central Standard
Time, daily. It shall be unlawful for anyperson to loiter in, enter into, make
use of, attempt to gain access to or otherwise be present in any such cemetery
before or after such official visiting hours, except as provided in Subsection
(c).
   (b)   It shall be unlawful for any person to loiter outside any cemetery
after the official closing hour or prior to the official opening hour;
provided, that the area outside the cemetery within which such loitering is
prohibited shall be deemed to be the same side of the street as the cemetery
where such cemetery or a part thereof fronts upon a street or within 100 feet
of the boundary of all or a portion of such cemetery where the same does not
front upon or border upon a street.
   (c)   If any person wishes to gain access to any cemetery after the official
closing hour, as designated in Subsection (a), for the purpose of conducting
burial or religious ceremonies, then the funeral director or the head of the
religious order, as the case may be, shall obtain permission from the sexton of
the cemetery in question. (Ord. 9623)
CHAPTER 12
CITY YOUTH PROGRAM STANDARDS OF CARE
ARTICLE I.
GENERAL.
Sec.
12-1.   Purpose.
Sec.
12-2.   Expiration date.
Sec.
12-3.   Definitions.
Sec.
12-4.   Administration.
Sec.
12-5.   Inspection; monitoring; enforcement.
Sec.
12-6.   Enrollment.
Sec.
12-7.   Suspected abuse.
ARTICLE II.
STAFFING: RESPONSIBILITIES AND TRAINING.
Sec.
12-8.   Youth program coordinator: qualifications and responsibilities.
Sec.
12-9.   Youth program leaders: qualifications and responsibilities.
Sec.
12-10.   Training and orientation.
ARTICLE III.
OPERATIONS.
Sec.
12-11.   Staff-participant ratio.
Sec.
12-12.   Discipline.
Sec.
12-13.   Programming.
Sec.
12-14.   Communication.
Sec.
12-15.   Transportation.
Sec.
12-16.   Release of participants.
ARTICLE IV.
FACILITY STANDARDS.
Sec.
12-17.   Safety.
Sec.
12-18.   Fire.
Sec.
12-19.   Health.
ARTICLE I.
GENERAL.
SEC. 12-1.   PURPOSE.
   This chapter and the standards of care established by this chapter are
adopted by the city council of the city of Dallas, Texas in compliance with
Section 42.041(b)(14) of the Texas Human Resources Code, as amended, in order
to exempt city youth programs from state child-care licensing requirements.
These standards of care are intended to be minimum standards by which the city
will operate its youth programs. The programs operated by the city are
recreational in nature and are not child-care facilities. Although this chapter
establishes standards of care for city youth programs for children of ages five
through 13 years, nothing in this chapter requires the city to provide any
youth programs, or prevents the city from limiting youth programs to specific
age groups within the five- through 13-year-old range. (Ord. Nos. 23159; 23534;
23907; 24281; 24611; 24943; 25269; 25628; 25998; 26376; 26800; 27222; 27565;
27911; 28217; 28670; 29036; 30106; 30650)
SEC. 12-2.   EXPIRATION DATE.
   This chapter and the youth program standards of care established in this
chapter expire on September 9, 2022, unless sooner terminated or extended by
ordinance of the city council. (Ord. Nos. 23159; 23534; 23907; 24281; 24611;
24943; 25269; 25628; 25998; 26376; 26800; 27222; 27565; 27911; 28217; 28670;
29036; 29358; 30106; 30650; 30976; 31647; 31994)
SEC. 12-3.   DEFINITIONS.
   In this chapter:
      (1)   ADMINISTRATION CENTER means the main administrative site for a city
youth program.
      (2)   CITY means the city of Dallas, Texas.
      (3)   CITY COUNCIL means the city council of the city of Dallas.
      (4)   DEPARTMENT means the park and recreation department of the city.
      (5)   DIRECTOR means the director of the park and recreation department
or the director’s authorized representative.
      (6)   INTER-SESSION means the periods of time when a year-round school is
not in session.
      (7)   PARENT means a person who:
         (A)   is a natural parent, an adoptive parent, or a step-parent of a
youth;
         (B)   is, under court order, the guardian of the person of a youth or
is a public or private agency with whom a youth has been placed by a court; or
         (C)   otherwise has legal custody and authority to enroll a youth in a
city youth program.
      (8)   PARTICIPANT means a youth whose parent has completed all required
registration procedures and who is determined by the director to be eligible to
participate in a city youth program.
      (9)   PROGRAM COORDINATOR or COORDINATOR means a full-time professional
employee of the department who is responsible for:
         (A)   managing a recreational facility where a youth program is
conducted; or
         (B)   overseeing the planning, administration, and implementation of a
particular city youth program.
      (10)   PROGRAM EMPLOYEE or EMPLOYEE means any person hired to work for
the department who is assigned responsibility for managing, administering, or
implementing some portion of a youth program. The term includes program
coordinators and program leaders.
      (11)   PROGRAM LEADER or LEADER means a full-time, part-time, permanent,
or temporary employee of the department, or an independent contractor or
volunteer of the city, who is assigned responsibility for implementing or
conducting some portion of a youth program.
      (12)   PROGRAM MANUAL means a notebook of policies, procedures, required
forms, and organizational and programming information relevant to the city’s
youth programs, as promulgated or otherwise approved by the director.
      (13)   PROGRAM SITE means any area or facility where any portion of a
city youth program is conducted.
      (14)   STANDARDS OF CARE means all provisions contained in this chapter.
      (15)   YOUTH means a person who is not less than five years nor more than
13 years of age.
      (16)   YOUTH PROGRAM or PROGRAM means a city-sponsored recreational
program for youth that may be offered by the park and recreation department
after school, during the summer, during holidays, or during inter-session. The
term does not include any program or activity to which attendees are free to
come and go at will without regard to the presence of a parent or other
responsible adult to care for them. (Ord. Nos. 23159; 23534; 23907; 24281;
24611; 24943; 25269; 25628; 25998; 26376; 26800; 27222; 27565; 27911; 28217;
28670; 29036; 30106; 30650)
SEC. 12-4.   ADMINISTRATION.
   (a)   The director shall implement, administer, and enforce the youth
program standards of care. The director may by written order establish such
rules, regulations, and policies, not inconsistent with this chapter, as the
director determines are necessary to discharge any duty under or to effect the
policy of this chapter.
   (b)   No city youth program may be advertised as a child-care facility.
   (c)   The standards of care apply to all youth programs sponsored by the
city, whether offered after school, during the summer, during holidays, or
during inter-session.
   (d)   When registering for a youth program, each participant’s parent will
be provided a current copy of the standards of care and will be informed that
the youth program is not licensed by the State of Texas. A current copy of the
standards of care will also be maintained at each youth program site for
inspection and review by the public and by program employees.
   (e)   The director shall cause a criminal background check to be conducted
on each prospective youth program employee. If results of that criminal check
indicate that an applicant has been convicted of any of the following offenses,
the applicant will not be considered for employment:
      (1)   a felony or a misdemeanor classified as an offense against a person
or family;
      (2)   a felony or misdemeanor classified as public indecency;
      (3)   a felony or misdemeanor violation of any law intended to control
the possession or distribution of any controlled substance;
      (4)   any offense involving moral turpitude; or
      (5)   any offense that would potentially put youth participants or the
city of Dallas at risk.
   (f)   The provisions of this chapter are administrative in nature and are
not subject to criminal penalties. (Ord. Nos. 23159; 23534; 23907; 24281;
24611; 24943; 25269; 25628; 25998; 26376; 26800; 27222; 27565; 27911; 28217;
28670; 29036; 30106; 30650)
SEC. 12-5.   INSPECTION; MONITORING; ENFORCEMENT.
   (a)   A coordinator shall initiate an inspection report for each youth
program to confirm that standards of care are being met. Each inspection report
will be sent to the director for review and kept on record for at least two
years. The director shall review each report and establish deadlines and
criteria for program compliance with the standards of care.
   (b)   The director shall make visual inspections of each youth program site
based on the following schedule:
      (1)   Each after school program site will be inspected bimonthly.
      (2)    Each summer program site will be inspected twice during its summer
schedule.
      (3)   Each holiday program site will be inspected once during the winter
break and once during the spring break.
      (4)   Each inter-session program site will be inspected once during each
inter-session.
   (c)   Any complaint regarding enforcement of the standards of care at a
youth program must be directed to the program site coordinator. The coordinator
shall take necessary steps to resolve each problem. The complaint and its
resolution must be recorded by the coordinator. The director shall address any
serious complaint regarding enforcement of the standards of care and record the
complaint and its resolution.
   (d)   The director shall make an annual report to the city council on the
overall status of the youth programs and their operation relative to compliance
with the standards of care. (Ord. Nos. 23159; 23534; 23907; 24281; 24611;
24943; 25269; 25628; 25998; 26376; 26800; 27222; 27565; 27911; 28217; 28670;
29036; 30106; 30650)
SEC. 12-6.   ENROLLMENT.
   Before a youth may be enrolled in a youth program, a parent must sign
registration forms that contain the following information:
      (1)   the child’s name, age, address, and home telephone number;
       (2)   the name and address of each parent and a telephone number for
each parent during program hours;
      (3)   the name and telephone number of each person to whom the child may
be released;
      (4)   a statement of the child’s special problems or needs;
      (5)   an emergency medical authorization;
      (6)   proof of residency, when appropriate;
      (7)   a liability waiver; and
      (8)   an acknowledgement that the parent has been informed and
understands that the program is not licensed by the State of Texas. (Ord. Nos.
23159; 23534; 23907; 24281; 24611; 24943; 25269; 25628; 25998; 26376; 26800;
27222; 27565; 27911; 28217; 28670; 29036; 30106; 30650)
SEC. 12-7.   SUSPECTED ABUSE.
   Every program employee shall report suspected child abuse or neglect in
accordance with the Texas Family Code. (Ord. Nos. 23159; 23534; 23907; 24281;
24611; 24943; 25269; 25628; 25998; 26376; 26800; 27222; 27565; 27911; 28217;
28670; 29036; 30106; 30650)
ARTICLE II.
STAFFING: RESPONSIBILITIES AND TRAINING.
SEC. 12-8.   YOUTH PROGRAM COORDINATOR: QUALIFICATIONS AND RESPONSIBILITIES.
   (a)   Each coordinator must meet all of the following qualifications:
      (1)   Be at least 21 years of age.
      (2)   Have two years of experience planning and implementing recreational
activities.
      (3)   Pass a background investigation, including, but not limited to,
testing for illegal substances.
      (4)   Have successfully completed a course in first aid and cardio
pulmonary resuscitation (CPR) based on either American Heart Association or
American Red Cross standards.
      (5)   Be able to furnish proof of a clear tuberculosis test within 12
months prior to employment.
   (b)   A coordinator is responsible for:
      (1)   administering the daily operations of a youth program in compliance
with the standards of care;
      (2)   recommending for hire, supervising, and evaluating leaders for a
youth program; and
      (3)   planning, implementing, and evaluating a youth program. (Ord. Nos.
23159; 23534; 23907; 24281; 24611; 24943; 25269; 25628; 25998; 26376; 26800;
27222; 27565; 27911; 28217; 28670; 29036; 30106; 30650)
SEC. 12-9.   YOUTH PROGRAM LEADERS: QUALIFICATIONS AND RESPONSIBILITIES.
   (a)   Each leader must meet all of the following qualifications:
      (1)   Be age 18 years of age or older, if working with children.
      (2)   Be able to consistently exhibit competency, good judgment, and
self-control when working with children.
      (3)   Relate to children with courtesy, respect, tolerance, and patience.
      (4)   Have successfully completed a course in first aid and cardio
pulmonary resuscitation (CPR) based on either American Heart Association or
American Red Cross standards.
      (5)   Be able to furnish proof of a clear tuberculosis test within the 12
months prior to employment.
      (6)   Pass a background investigation, including, but not limited to,
testing for illegal substances.
   (b)   A leader is responsible for:
      (1)   providing participants with an environment in which they can feel
safe, enjoy wholesome recreation activities, and participate in appropriate
social opportunities with their peers;
      (2)   knowing and following all city, departmental, and program
standards, policies, and procedures that apply to the youth programs; and
      (3)   ensuring that participants are released only to a parent or a
person designated by a parent and complying with the department- approved plan
for verifying the identity of a person authorized to pick up a participant when
that person is not known to the leader. (Ord. Nos. 23159; 23534; 23907; 24281;
24611; 24943; 25269; 25628; 25998; 26376; 26800; 27222; 27565; 27911; 28217;
28670; 29036; 30106; 30650)
SEC. 12-10.   TRAINING AND ORIENTATION.
   (a)   The department shall provide training and orientation to program
employees relating to working with children in general and relating to the
specific job responsibilities of each employee. A coordinator shall provide
each leader with a program manual specific to each youth program.
   (b)   Each program employee will be trained in appropriate procedures for
handling emergencies and in other areas, including, but not limited to, city,
departmental, and program policies and procedures, provision of recreational
activities, safety issues, child psychology, and organization.
   (c)   Each program employee shall be familiar with the standards of care for
the youth programs and with all program policies, including the discipline,
guidance, and release of participants, as outlined in the program manual.
   (d)   Each program employee will be required to sign an acknowledgement that
the employee received the training required under this chapter. (Ord. Nos.
23159; 23534; 23907; 24281; 24611; 24943; 25269; 25628; 25998; 26376; 26800;
27222; 27565; 27911; 28217; 28670; 29036; 30106; 30650)
ARTICLE III.
OPERATIONS.
SEC. 12-11.   STAFF-PARTICIPANT RATIO.
   (a)   In each city youth program, the standard ratio of participants to
leaders will be 20 to 1.
   (b)   Each participant will be assigned a program employee who is
responsible for the participant and who is aware of the participant's habits,
interests, and special needs, as identified by the participant's parent during
registration for a youth program.
   (c)   At all times, at least one employee who is 18 years of age or older
must be present at each program site. (Ord. Nos. 23159; 23534; 23907; 24281;
24611; 24943; 25269; 25628; 25998; 26376; 26800; 27222; 27565; 27911; 28217;
28670; 29036; 30106; 30650; 31994)
SEC. 12-12.   DISCIPLINE.
   (a)   A program employee shall implement discipline and guidance in a
consistent manner based on the best interests of program participants.
   (b)   No corporal punishment or treatment may be used. A program employee
may use brief, supervised separation of a participant from the group, if
necessary.
   (c)   As necessary, program employees shall provide discipline reports to
the parents of participants. A parent will be asked to sign a participant’s
discipline report to indicate that the parent has been advised about a specific
problem or incident.
   (d)   An excessive number of discipline reports or discipline reports of a
severe nature, as described in the program manual, may result in a participant
being suspended from a program.
   (e)   Any participant who poses a danger to other participants or staff will
be removed from the program site as soon as possible. (Ord. Nos. 23159; 23534;
23907; 24281; 24611; 24943; 25269; 25628; 25998; 26376; 26800; 27222; 27565;
27911; 28217; 28670; 29036; 30106; 30650)
SEC. 12-13.   PROGRAMMING.
   (a)   A program employee shall attempt to provide activities for each group
according to the participants’ ages, interests, and abilities. The activities
must be appropriate to each participant’s health, safety, and well-being. The
activities also must be flexible and promote each participant’s emotional,
social, and mental growth.
   (b)   A program employee shall attempt to provide that indoor and outdoor
time periods include:
      (1)   alternating active and passive activities;
      (2)   opportunity for individual and group activities; and
      (3)   outdoor time each day, as the weather permits.
   (c)   A program employee shall be attentive and considerate of the
participants’ safety on field trips and during any transportation provided by
the program. A program employee must have a written list of all participants in
each group and shall check the roll frequently.
   (d)   During trips, each program employee who supervises participants shall
maintain immediate access to the emergency medical forms and emergency contact
information for each participant. First aid supplies and a guide to first aid
and emergency care must be readily available to each program employee on every
field trip. (Ord. Nos. 23159; 23534; 23907; 24281; 24611; 24943; 25269; 25628;
25998; 26376; 26800; 27222; 27565; 27911; 28217; 28670; 29036; 30106; 30650)
SEC. 12-14.   COMMUNICATION.
   (a)   Each site must have access to a telephone for use in contacting the
administration center and making emergency calls.
   (b)   A coordinator shall post the following telephone numbers adjacent to a
telephone that is accessible to all program employees at each site;
      (1)   Dallas ambulance or emergency medical services.
      (2)   Dallas Police Department.
      (3)   Dallas Fire-Rescue Department.
      (4)   The administration center.
      (5)   Telephone numbers at which each participant's parents may be
reached.
      (6)   The telephone number for the program site. (Ord. Nos. 23159; 23534;
23907; 24281; 24611; 24943; 25269; 25628; 25998; 26376; 26800; 27222; 27565;
27911; 28217; 28670; 29036; 30106; 30650; 31994)
SEC. 12-15.   TRANSPORTATION.
   (a)   Before a participant may be transported to or from a city-sponsored
activity, a program registration form, completed by a parent of the
participant, must be filed with a coordinator.
   (b)   Every program vehicle used for transporting youth participants must be
equipped with:
      (1)   first aid supplies and a first aid and emergency care guide that
are easily accessible to program employees in the vehicle; and
      (2)   an operable 6-BD portable fire extinguisher that is installed in
the vehicle and that is easily accessible to program employees in the vehicle.
(Ord. Nos. 23159; 23534; 23907; 24281; 24611; 24943; 25269; 25628; 25998;
26376; 26800; 27222; 27565; 27911; 28217; 28670; 29036; 30106; 30650; 31994)
SEC. 12-16.   RELEASE OF PARTICIPANTS.
   (a)   A participant will be released from a youth program only to a parent
or to a person designated by the parent in the registration forms.
   (b)   Each program site must have a copy of a department-approved plan to
verify the identity of a person authorized to pick up a participant if that
person is not known to a program leader. (Ord. Nos. 23159; 23534; 23907; 24281;
24611; 24943; 25269; 25628; 25998; 26376; 26800; 27222; 27565; 27911; 28217;
28670; 29036; 30106; 30650)
ARTICLE IV.
FACILITY STANDARDS.
SEC. 12-17.   SAFETY.
   (a)   Program employees shall inspect each program site daily to detect
sanitation and safety concerns that might affect the health and safety of the
participants. A daily inspection report must be completed by program employees
and kept on file by the coordinator.
   (b)   All buildings, grounds, and equipment at each program site must be
inspected, cleaned, repaired, and maintained to protect the health of the
participants.
   (c)   All equipment and supplies used in a program must be safe for use by
the participants.
   (d)   First aid supplies must be readily available to all program employees
at each site, during transportation to an off-site activity, and for the
duration of any off-site activity. A program employee shall maintain first aid
supplies in a designated location, readily available to staff. Each program
employee must at all times have immediate access to a guide to first aid and
emergency care.
   (e)   Air conditioners, electric fans, and heaters at each program site must
be mounted out of the participants’ reach or have safeguards that keep
participants from being injured.
   (f)   Porches and platforms at each program site that are more than 30
inches above the ground must be equipped with railings that participants can
reach.
   (g)   All swing seats at each program site must be constructed of durable,
lightweight, relatively pliable material. (Ord. Nos. 23159; 23534; 23907;
24281; 24611; 24943; 25269; 25628; 25998; 26376; 26800; 27222; 27565; 27911;
28217; 28670; 29036; 30106; 30650)
SEC. 12-18.   FIRE.
   (a)   In case of fire, danger of fire, explosion, or any other emergency, a
program employee’s first priority is to evacuate the participants to a
designated safe area.
   (b)   Each program site must have at least one fire extinguisher approved by
the fire marshal that is readily available to all program employees. Annually,
a coordinator shall inspect the fire extinguisher and send an inspection report
to the director, who shall keep the report on file for a minimum of two years.
Every program employee must be trained in the proper use of a fire
extinguisher.
   (c)   Fire drills will be initiated at program sites according to the
following schedule:
      (1)   After school programs. A fire drill will be conducted once every
three months. Program employees will confer with school staff to ensure that
city and school procedures do not conflict.
      (2)   Summer programs: A fire drill will be conducted twice during the
session.
      (3)   Holiday programs: A fire drill will be conducted once during the
fall and spring sessions.
      (4)   Inter-session programs: A fire drill will be conducted once during
each inter- session. (Ord. Nos. 23159; 23534; 23907; 24281; 24611; 24943;
25269; 25628; 25998; 26376; 26800; 27222; 27565; 27911; 28217; 28670; 29036;
30106; 30650)
SEC. 12-19.   HEALTH.
   (a)   Illness or injury.
      (1)   A participant who is considered to be a health or safety concern to
other participants or employees will not be admitted to a program.
      (2)   Illnesses and injuries will be handled in a manner that protects
the health of all participants and employees.
      (3)   A program employee shall follow plans to provide emergency care for
injured participants with symptoms of an acute illness as specified in the
program manual.
      (4)   Each program employee shall follow the recommendation of the Texas
Department of Health concerning the admission or readmission of any participant
after a communicable disease.
   (b)   Medication. A program employee shall administer medication only in
accordance with the following conditions:
      (1)   A parent must complete and sign a medication form that provides a
current list of medications that a participant must take while in the program,
with details as to times and dosages. The form must include authorization for a
program employee to dispense the medication and an indemnification clause to
protect the city.
      (2)   Every prescription medication must be in the original container and
labeled with the child’s name, a date, directions, and the physician’s name. A
program employee shall administer the medication only as stated on the label. A
program employee may not administer medication after the expiration date.
      (3)   Every nonprescription medication must be labeled with the child’s
name and the date the medication was brought to the program. A nonprescription
medication must be in the original container and shall be administered by a
program employee only according to label direction.
      (4)   Any medication dispensed will be limited to routine oral ingestion
that requires no special knowledge or skill. No injection may be administered
by a program employee.
      (5)   A program employee shall ensure that all medications are
inaccessible to program participants and, if it is necessary to keep
medications in a refrigerator, that the medications are kept separate from
food.
   (c)   Toilet facilities.
      (1)   Each program site must have inside toilets located and equipped so
that children can use them independently and program employees can supervise as
needed.
      (2)   One flush toilet must be provided for every 30 children. Urinals
may be counted in the ratio of toilets to children, but may not exceed 50
percent of the total number of toilets.
      (3)   An appropriate and adequate number of lavatories must be provided.
   (d)   Sanitation.
      (1)   Each program facility must have adequate light, ventilation, and
heat.
      (2)   Each program must be provided with an adequate supply of water
meeting the standards of the Texas Department of Health for drinking water. A
program employee shall ensure that water is supplied to participants in a safe
and sanitary manner.
      (3)   Program employees shall ensure that garbage is removed daily from
each building at a program site. (Ord. Nos. 23159; 23534; 23907; 24281; 24611;
24943; 25269; 25628; 25998; 26376; 26800; 27222; 27565; 27911; 28217; 28670;
29036; 30106; 30650)
CHAPTER 12A
CODE OF ETHICS
ARTICLE I.
DECLARATION OF POLICY AND DEFINITIONS.
Sec.
12A-1.   Statement of purpose and principles of conduct.
Sec.
12A-2.   Definitions.
ARTICLE II.
CODE OF CONDUCT; ACTIONS OF OTHERS; AND ETHICS COMMITMENTS.
Division 1. Code of Conduct.
Sec.
12A-3.   Fiduciary duty.
Sec.
12A-4.   Standards of behavior; standards of civility.
Sec.
12A-5.   Anti-discrimination.
Sec.
12A-6.   Retaliation prohibited.
Division 2. Actions of Others.
Sec.
12A-7.   Other persons.
Sec.
12A-8.   Duty to report violations.
Division 3. Ethics Commitments.
Sec.
12A-9.   Ethics training.
Sec.
12A-10.   Dissemination of code of ethics.
Sec.
12A-11.   Ethics pledge.
ARTICLE III.
CONFLICTS OF INTEREST.
Sec.
12A-12.   Gifts.
Sec.
12A-13.   Personal benefit to others.
Sec.
12A-13.1.   Substantial interest in business entity.
Sec.
12A-14.   Miscellaneous conflicts of interest.
Sec.
12A-15.   Donations.
Sec.
12A-16.   Nepotism.
Sec.
12A-17.   Confidential information.
Sec.
12A-18.   Representation of private interests.
Sec.
12A-19.   Conflicting outside employment.
Sec.
12A-20.   Public property and resources.
Sec.
12A-21.   Political activity.
Sec.
12A-22.   Prohibited interests in contracts.
Sec.
12A-23.   Ex parte communications.
Sec.
12A-24.   Recusal and disclosure.
ARTICLE IV.
FORMER CITY OFFICIALS AND EMPLOYEES.
Sec.
12A-25.   Continuing confidentiality.
Sec.
12A-26.   Subsequent representation.
Sec.
12A-27.   Discretionary contracts.
Sec.
12A-28.   Restrictions on lobbying.
ARTICLE V.
LOBBYISTS.
Sec.
12A-29.   Definitions.
Sec.
12A-30.   Persons required to register as lobbyists.
Sec.
12A-31.   Exceptions.
Sec.
12A-32.   Registration.
Sec.
12A-33.   Activity reports.
Sec.
12A-34.   Non-registrant disclosure statements.
Sec.
12A-35.   Restricted activities.
Sec.
12A-36.   Identification of clients.
Sec.
12A-37.   Timeliness of filing registrations, activity reports, and non-
registrant disclosure statements.
Sec.
12A-38.   Administration.
Sec.
12A-39.   Violations; penalty.
ARTICLE VI.
REPORTING REQUIREMENTS.
Sec.
12A-40.   Financial disclosure report.
Sec.
12A-41.   Short form annual report.
Sec.
12A-42.   Gift reporting.
Sec.
12A-43.   Donations.
Sec.
12A-44.   Travel reporting requirements.
Sec.
12A-45.   Violation of reporting requirements.
Sec.
12A-45.1.   Reporting requirements chart.
ARTICLE VII.
LEGAL COUNSEL.
Sec.
12A-46.   City attorney's office.
Sec.
12A-47.   Division of the inspector general.
Sec.
12A-48.   Outside legal counsel.
ARTICLE VIII.
ETHICS ADVISORY COMMISSION.
Sec.
12A-49.   Ethics advisory commission - creation; composition, terms, and
qualifications.
Sec.
12A-50.   Jurisdiction and powers.
Sec.
12A-51.    Annual report.
ARTICLE IX.
ETHICS COMPLAINTS, INVESTIGATIONS, AND EVIDENTIARY HEARINGS.
Sec.
12A-52.   Ethics complaints and investigations.
Sec.
12A-53.   Hearing procedures.
Sec.
12A-54.   Disposition of complaint.
ARTICLE X.
ENFORCEMENT, CULPABLE MENTAL STATE, AND PENALTIES.
Sec.
12A-55.   General.
Sec.
12A-56.   Violations; penalty.
Sec.
12A-57.   Culpable mental state.
Sec.
12A-58.   Disciplinary action.
Sec.
12A-59.   Sanctions.
Sec.
12A-60.   Prosecution for perjury.
Sec.
12A-61.   Interference with an investigation.
Sec.
12A-62.   Disqualification from contracting.
Sec.
12A-63.   Vexatious complainants.
ARTICLE XI.
ADMINISTRATIVE PROVISION.
Sec.
12A-64.   City council review.
ARTICLE I.
DECLARATION OF POLICY AND DEFINITIONS.
SEC. 12A-1.   STATEMENT OF PURPOSE AND PRINCIPLES OF CONDUCT.
   (a)   Purpose. It is hereby declared to be the policy of the city that the
proper operation of democratic government requires that:
      (1)   city officials and employees be independent, impartial, and
responsible only to the people of the city;
      (2)   governmental decisions and policy be made using the proper
procedures of the governmental structure;
      (3)   except as provided in the Dallas City Charter, no city official or
employee shall have any financial interest, direct or indirect, or engage in
any business, transaction, or professional activity; or incur any obligation of
any nature that is in conflict with the proper discharge of the city official's
or employee's duties in the public interest;
      (4)   public office not be used for personal gain; and
      (5)   the city council at all times be maintained as a nonpartisan body.
   (b)   Principles of conduct. The city council further believes that an
employee or elected or appointed official of the city assumes a public trust
and should recognize the importance of high ethical standards within the
organization they lead or support. Essential values and ethical behaviors that
an employee or elected or appointed official should exemplify include the
following:
      (1)   Commitment beyond self.
      (2)   Obedience and commitment to the law.
      (3)   Commitment to the public good.
      (4)   Respect for the value and dignity of all individuals.
      (5)   Accountability to the public.
      (6)   Truthfulness.
      (7)   Fairness.
      (8)   Responsible application of resources.
   (c)   Application.
      (1)   To implement the purpose and principles of conduct in this section,
the city council has determined that it is advisable to enact this code of
ethics for all city officials, employees, and persons doing business with the
city, to serve as a standard for official conduct and as a basis for
discipline.
      (2)   This chapter is cumulative of and supplemental to all applicable
provisions of the city charter, other city ordinances, and state and federal
laws and regulations. Compliance with this chapter does not excuse or relieve
any person from any obligation imposed by the city charter, other city
ordinances, or state or federal laws or regulations.
      (3)   Even if a city official or employee is not prohibited from taking
official action by this chapter, action may be prohibited by duly promulgated
personnel rules.
   (d)   No cause of action. This section is a statement of purpose and
principles only. Nothing in this section may be used to create a cause of
action under this chapter. (Ord. Nos. 24316; 30391; 32072; 32472)
SEC. 12A-2.   DEFINITIONS.
   In this chapter, the following words and phrases have the meanings ascribed
to them in this section, unless the context requires otherwise:
      (1)   ACCEPT. A person "accepts" an offer of employment or a business
opportunity when the person enters into a legally binding contract or any
informal agreement or understanding that the parties expect to be carried out.
      (2)   AFFILIATED. Business entities are "affiliated" if one is the parent
or subsidiary of the other or if they are subsidiaries of the same parent
business entity.
      
      (3)   BEFORE THE CITY. Representation or appearance "before the city"
means before:
         (A)   the city council;
         (B)   a board, commission, or other city body or city entity; or
         (C)   a city official or employee.
      (4)   BENEFIT means anything reasonably regarded as monetary gain or
monetary advantage, including a personal benefit to any other person in whose
welfare the beneficiary has a direct and substantial interest. Monetary gain or
advantage includes, but is not limited to, gain or advantage in the form of
money, services, goods, and financial or business relationships.
      (5)   BUSINESS ENTITY means a sole proprietorship, partnership, firm,
corporation, holding company, joint-stock company, receivership, trust,
unincorporated association, or any other legal entity, except that the term
does not include a governmental entity.
      (6)   CITY means the city of Dallas, Texas.
      (7)   CITY COUNCIL MEMBER or MEMBER OF THE CITY COUNCIL means all members
of the Dallas city council, including the mayor.
      (8)   CLIENT.
         (A)   The term "client" includes any specialized and highly
personalized professional business relationship of an individual official or
employee. The term does not include a regular or ordinary business or vendor
relationship.
         (B)   If the official or employee does not personally represent the
client but conducts business as a member of a primary partnership or
professional corporation or conducts business through another entity, a client
of the partnership, professional corporation, or entity is deemed to be a
client of the official or employee if:
            (i)   the partnership, professional corporation, or business entity
derived two percent or more of its annual gross income within the preceding 12
months from the client; and
            (ii)   the city official or employee knows of the client's
relationship.
         (C)   This definition does not apply to the term "client" when used in
Article V (lobbyist regulations).
      (9)   CODE OF ETHICS or ETHICS CODE means this chapter.
      (10)   CONFIDENTIAL GOVERNMENT INFORMATION includes:
         (A)   all information held by the city that is not available to the
public under the Texas Public Information Act;
         (B)   any information from a meeting closed to the public pursuant to
the Texas Open Meetings Act;
         (C)   any information protected by attorney-client, attorney work
product, or other applicable legal privilege; and
         (D)   any research, opinions, work product, investigative reports,
advice, recommendations, reasoning, or conclusions in a draft document
concerning city business or city policy that has not yet been released to the
public in accordance with established city procedures.
      (11)   DEPARTMENT DIRECTOR means the head of any department or office,
including an office under the city manager, that is created by the city charter
or by ordinance of the city council.
      (12)   DISCRETIONARY CONTRACT means any contract other than one that by
law must be awarded on a competitive bid basis.
      (13)   DOING BUSINESS WITH THE CITY means any person, either individually
or on behalf of an entity, who submits a bid or proposal, or negotiates or
enters into any city contract, whether or not the contract is required by state
law to be competitively bid.
      (14)   DOMESTIC PARTNER means an individual who, on a continuous basis,
lives in the same household and shares the common resources of life in a close,
personal, intimate, committed relationship with a city official or employee. A
domestic partner may be of the same or opposite gender as the official or
employee and is not married to or related by blood to the official or employee.
      (15)   DONATION means a voluntary transfer of property (including the
payment of money) or the conferral of a benefit having monetary value (such as
the rendition of services or the forbearance of collection on a debt) to the
city, unless consideration of equal or greater value is received by the donor.
      (16)   EMPLOYEE or CITY EMPLOYEE means any person listed on the city of
Dallas payroll as an employee, whether part-time, full-time, permanent, or
temporary.
      (17)   EX PARTE COMMUNICATION means any communication not made in a
written document filed with the ethics advisory commission and not made orally
during a hearing but does not include a communication made pursuant to an
inquiry duly authorized by the commission.
      (18)   FORMER CITY OFFICIAL OR EMPLOYEE means a person who has left
service as a city official or employee.
      (19)   GIFT means a voluntary transfer of property (including the payment
of money) or the conferral of a benefit having monetary value (such as the
rendition of services or the forbearance of collection on a debt), unless
consideration of equal or greater value is received by the donor.
      (20)   INFORMATION means a written statement filed with the ethics
advisory commission by the inspector general alleging violation(s) of the code
of ethics and contains the name of the respondent, the city rule or city code
or city charter provision alleged to have been violated, the place where the
violation is alleged to have been committed, the date of the alleged violation,
and a description of the violation.
      (21)   KNOWINGLY or WITH KNOWLEDGE. A person acts "knowingly" or "with
knowledge" regarding his or her conduct or to circumstances surrounding his or
her conduct when the person is aware of the nature of the conduct or that the
circumstances exist or should be reasonably certain to cause the result.
      (22)   OFFICIAL or CITY OFFICIAL includes the following persons, except
when used in Article V (lobbyist regulations):
         (A)   City council members.
         (B)   Municipal judges.
         (C)   The city manager, the chief of staff, assistant city managers,
and chiefs.
         (D)   The city auditor and the first assistant city auditor.
         (E)   The city attorney, the first assistant city attorney, and the
inspector general.
         (F)   The city secretary and the first assistant city secretary.
         (G)   All department directors.
         (H)   Members of all boards, commissions, committees, and other bodies
created by the city council pursuant to city ordinance or federal or state law,
including bodies that are only advisory in nature.
         (I)   City council appointed members of boards of entities that were
not created by the city council.
         (J)   The chief financial officer.
         (K)   For purposes of
Chapter 12A only, a volunteer on committees or task forces formed by boards or
commissions.
      (23)   OFFICIAL ACTION includes:
         (A)   any affirmative act (including the making of a formal or
informal recommendation), that is within the scope of an official's or
employee's duties; and
         (B)   any failure to act, if the official or employee is under a duty
to act.
      (24)   OFFICIAL CAPACITY or OFFICIAL DUTIES means acting, or actions
relating to matters, within the scope of employment or office, or under the
official or employee's control or supervision.
      (25)   OFFICIAL INFORMATION includes information gathered pursuant to the
power or authority of city government.
      (26)   PARTNER includes any partner in a general partnership, limited
partnership, or joint venture.
      (27)   PERISHABLE FOOD OR BEVERAGES are consumable products, such as
packaged foods, delivered fresh foods, including baked goods and edible gift
baskets, sealed beverages, and floral arrangements.
      (28)   PERSONAL BENEFIT means any benefit knowingly solicited, accepted,
or agreed to be accepted by another for the purpose of influencing how a city
official or employee performs or refrains from performing an official action.
      (29)   PERSONALLY PARTICIPATED. The requirement of having "personally
participated" in a matter is met only if the individual in fact exercised
discretion relating to the matter. The fact that the person had responsibility
for a matter does not by itself establish that the person "personally
participated" in the matter.
      (30)   RELATIVE means a current or former spouse, domestic partner,
child, stepchild, brother, sister, parent or stepparent, or a person claimed as
a dependent on the city official or employee's latest individual federal income
tax return.
      (31)   REPRESENTATION encompasses every form of communication or personal
appearance in which a person, not acting in performance of official duties,
formally or informally serves as an advocate for private interests. Lobbying
and service as an expert witness, even on an informal basis, are forms of
representation. "Representation" does not include appearance as a fact witness
in litigation or other official proceedings.
      (32)   SOLICITATION. "Solicitation" of subsequent employment or a
subsequent business opportunity includes any form of proposal or negotiation
relating to employment or a business opportunity. (Ord. Nos. 24316; 24485;
27748; 28020; 30391; 32072; 32472)
ARTICLE II.
CODE OF CONDUCT; ACTIONS OF OTHERS; AND ETHICS COMMITMENTS.
Division 1. Code of Conduct.
SEC. 12A-3.   FIDUCIARY DUTY.
   A city official and employee, in the performance of his or her official
duties, shall fulfill his or her fiduciary duty to the city. (Ord. Nos. 32072;
32472)
SEC. 12A-4.   STANDARDS OF BEHAVIOR; STANDARDS OF CIVILITY.
   (a)   Standards of behavior. City officials and employees shall, when acting
in the performance of their official duties, comply with the following
standards of behavior:
      (1)   To conduct themselves and to operate with integrity and in a manner
that merits the trust and support of the public.
      (2)   To uphold all applicable laws and regulations to protect and
enhance the city's ability to accomplish its mission.
      (3)   To treat others with respect, doing for and to others what the
official or employee would have done for and to himself or herself in similar
circumstances.
      (4)   To responsibly manage taxpayer resources.
      (5)   To take no actions that could benefit the official or employee
personally, or his or her relative, to the detriment of the city, avoiding even
the appearance of a conflict of interest, and to always exercise good judgment.
      (6)   To carefully consider the public perception of personal and
professional actions and the effect such actions could have, positively or
negatively, on the city's reputation both in the community and elsewhere.
      (7)   To strive for personal and professional growth to improve
effectiveness at work.
   (b)   Standards of civility. City officials and employees shall, when acting
in the performance of their official duties, comply with the following
standards of civility in their interactions with city officials, city
employees, residents, and persons doing business with the city:
      (1)   City officials and employees shall accord respect and courtesy to
each other, city officials, city employees, residents, and persons doing
business with the city.
      (2)   City officials and employees shall not make comments or take
actions that are abusive; belligerent; crude; derogatory; impertinent; profane;
slanderous; threatening; or involve personal attacks upon the character,
integrity, or motives of others.
      (3)   City officials and employees shall preserve order and decorum in
meetings in accordance with Robert's Rules of Order and the applicable rules of
procedure of the city council, board, or commission.
      (4)   City officials shall treat city employees as professionals and
shall not:
         (A)   interfere with the work of city employees.
         (B)   impair the ability of city employees to implement city policies.
         (C)   influence city employees in the making of recommendations or
decisions.
         (D)   berate city employees.
      (5)   City officials shall work through the city manager, city secretary,
city attorney, city auditor, or inspector general, and the applicable
department director to obtain information or request assistance with projects,
rather than contacting city employees directly. This provision does not apply
to professional and administrative assistants to the mayor and city council.
      (6)   Because independent advice from boards and commissions is essential
to the public decision-making process, city council members shall not:
         (A)   use their position to influence the deliberations or decisions
of boards and commissions.
         (B)   appoint city council office staff members to boards and
commissions.
         (C)   demand that board or commission members vote as requested by the
city council member or threaten board or commission members with removal.
This paragraph does not prohibit city council members from receiving
information from or providing information to a board or commission member,
working together with board and commission members on projects, or expressing
their opinions to board and commission members. (Ord. Nos. 32072; 32472)
SEC. 12A-5.   ANTI-DISCRIMINATION.
   Excluding anyone from our community based on their race, ethnicity, color,
age, religion, marital or parental status, sex, sexual orientation, gender
identity and expression, genetic characteristics, national origin, disability,
military or veteran status, political opinions or affiliations, or any other
legally protected characteristic or status diminishes us and compromises our
ability to fulfill our mission. Discrimination against others based on any of
these factors, or any other legally protected classifications, is prohibited.
Discriminatory harassment and other offensive acts include any conduct, whether
verbal, visual, or physical, that creates an abusive and hostile work
environment, or that has the purpose or effect of interfering with an
employee's work performance or development. (Ord. Nos. 32072; 32472)
SEC. 12A-6.   RETALIATION PROHIBITED.
   A person commits an offense if he or she retaliates against another for
filing a complaint, or for testifying, assisting, or participating, in any
manner, in a proceeding or hearing under this chapter. (Ord. Nos. 32072; 32472)
Division 2. Actions of Others.
SEC. 12A-7.   OTHER PERSONS.
   (a)   Violations by other persons. A city official or employee shall not
knowingly assist or induce, or attempt to assist or induce, any person to
violate any provision of this chapter.
   (b)   Using others to engage in forbidden conduct. A city official or
employee shall not violate any provision of this chapter through the acts of
another.
   (c)   Participation in ethics violations. No person shall knowingly induce,
attempt to induce, conspire with, aid, or assist, or attempt to aid or assist
another person to violate any provision of this chapter. (Ord. Nos. 32072;
32472)
SEC. 12A-8.   DUTY TO REPORT VIOLATIONS.
   A person subject to this chapter shall immediately report any conduct that
the person knows to be a violation of this chapter to the inspector general.
Failure to report a violation of this chapter is a violation of this chapter.
Any person who knowingly fails to report a violation of this chapter shall be
subject to sanctions described in this chapter. For purposes of this section, a
report made to the inspector general's Fraud, Waste, or Abuse hotline is
considered a report under this section. (Ord. Nos.  32072; 32472)
Division 3. Ethics Commitments.
SEC. 12A-9.   ETHICS TRAINING.
   (a)   All new city officials and new city employees shall receive ethics
training within 30 days after being appointed to office or hired by the city.
All current city officials and current city employees shall receive ethics
training on an ongoing basis at least every two years.
   (b)   All city officials who are leaving city service shall receive ethics
information concerning requirements for former city officials before the city
official ends his or her city service. All city employees who are terminating
their employment shall receive ethics information concerning requirements for
former city employees before the city employee ends his or her employment with
the city.
   (c)   The inspector general shall provide all lobbying registrants with
ethics information within 30 days after registration. Each registrant shall
provide their individual lobbyists with a copy of the ethics information.
   (d)   The chief integrity officer shall draft a statement for the office of
procurement services relating to the applicability of this chapter to persons
doing business with the city and to city officials and city employees who work
with persons doing business with the city. The director of the office of
procurement services shall publish on the city's website the statement from the
chief integrity officer.
   (e)   This ethics training and information required by this section shall be
made available in a format and medium as determined by the chief integrity
officer. The chief integrity officer, in coordination with the city manager,
city auditor, and city secretary's liaisons, shall structure ethics training
and information to ensure that participants have the necessary knowledge to
accomplish the statement of purpose in this chapter and comply with all
applicable ethics laws. City officials and employees must demonstrate such
knowledge by passing any required ethics training.
   (f)   Failure to receive ethics training, documents, or notices required by
this section does not waive that person's duty to comply with this chapter or
waive enforcement of this chapter. (Ord. Nos. 32072; 32472)
SEC. 12A-10.   DISSEMINATION OF CODE OF ETHICS.
   (a)   Within 30 days after starting their position, every new city official
or employee must be given a copy or a link to this chapter. The inspector
general or the city attorney shall provide a copy of this chapter to every city
official. The city manager, city attorney, city secretary, city auditor, park
and recreation director, inspector general, civil service director, and
employees' retirement fund administrator shall provide a copy of this chapter
to every city employee under their supervision. Each city official and employee
shall acknowledge, in writing, that the official or employee received a copy or
link to this chapter. Copies of this chapter must be made readily available to
the public.
   (b)   The failure of any person to receive a copy of this chapter or a link
to the chapter has no effect on that person's duty to comply with this chapter
or on the enforcement of the provisions of this chapter. (Ord. Nos. 32072;
32472)
SEC. 12A-11.   ETHICS PLEDGE.
   All city officials, upon their appointment, shall sign the following ethics
pledge and file it with the city secretary:
   "I have received a copy of Dallas City Code
Chapter 12A, "Code of Ethics." I have read and understand the Code of Ethics. I
understand that the Code of Ethics is binding on me, and therefore I agree to
comply with the Code of Ethics. I understand that the Code of Ethics imposes
restrictions on present city officials, former city officials, lobbyists, and
persons doing business with the city. I agree to participate in periodic ethics
training. I agree to seek advice from the City Attorney's Office when necessary
to ensure compliance with the Code of Ethics. I agree that I will not violate
the Code of Ethics, participate in violations of the Code of Ethics, or fail to
report violations of the Code of Ethics. I understand that violation of the
Code of Ethics, participation in a violation of the Code of Ethics, and failure
to report a violation of the Code of Ethics may result in severe consequences."
(Ord. Nos. 32072; 32472)
ARTICLE III.
CONFLICTS OF INTEREST.
SEC. 12A-12.   GIFTS.
   (a)   General rules.
      (1)   A city official or employee shall not solicit, accept, or agree to
accept any gift, favor, benefit, or service that:
         (A)    reasonably tends to influence or reward official conduct; or
         (B)   the city official or employee knows is intended to influence or
reward the discharge of official duties.
      (2)   A person or business entity shall not knowingly offer any gift or
benefit to a city official or employee that:
         (A)   reasonably tends to influence or reward official conduct; or
         (B)   the person or business entity knows is intended to influence or
reward the discharge of official duties.
      (3)   Except as provided in Subsection (f), a city official or employee
shall not accept cash, a cash equivalent open loop gift card (including a Visa
or Mastercard gift card), check, or negotiable instrument from any person or
representative of a person or entity who does business with or is seeking to do
business with the city. In this paragraph, OPEN LOOP means a general- purpose
charge card that can be used anywhere that brand of card is accepted and does
not include closed loop gift cards that can only be used at a specific merchant
listed on the card.
      (4)   Employees must comply with departmental rules regarding gifts, if
any. If a conflict exists between this chapter and a departmental rule, the
stricter rule or regulation controls.
      (5)   A city official or employee who receives an unsolicited benefit or
gift that he or she is not allowed to accept or does not wish to accept to
avoid any appearance of impropriety, may donate the item to the city, another
governmental entity that has the authority to accept the item, or to a tax-
exempt charitable organization formed for educational, religious, or scientific
purposes. A city official or employee who donates an unsolicited benefit or
gift may notify the inspector general on a form approved by the inspector
general that provides the city official or employee's name, the gift donated,
and the entity to which the city official or employee donated the unsolicited
benefit or gift.
   (b)   Exceptions. For purposes of this chapter, the following are not
considered reportable gifts:
      (1)   reimbursement of reasonable expenses for travel in accordance with
the city's ordinances, administrative directives, and this section;
      (2)   a public award or reward in recognition of public service or
professional achievement, if the award or reward is reasonable in light of the
occasion;
      (3)   a loan from a lending institution made in its regular course of
business on the same terms generally available to the public;
      (4)   a scholarship or fellowship awarded on the same terms and based on
the same criteria applied to other applicants;
      (5)   admission, regardless of value, to an event that a city official or
employee is invited to, is offered tickets to, or is participating in relating
to their official duties or responsibilities, including gathering information
about a current or potential city supported program;
      (6)   tickets, meals, travel, lodging, and entertainment accepted by a
city official or employee in accordance with Subsections (c) and (d);
      (7)   items having a nominal value (a noncash value of less than $50.00)
accepted by a city official or employee from a resident or person or entity
doing, or seeking to do, business with the city if a city official or employee
does not receive cumulative items from a single source in a calendar year of
more than $50.00 or plaques, caps, key rings, mugs, tee shirts, fresh cut
flowers given at public appearances, or perishable food and beverages
infrequently given.
      (8)   A ceremonial or protocol gift given to a city official or employee
on behalf of the city, provided that any ceremonial or protocol gift given to:
         (A)   a city official valued over $300.00 is delivered to the city
manager as a donation to the city, or
         (B)   an employee is delivered to the city manager within 30 days
after receipt as a donation to the city.
      (9)   Gifts from a relative or a person with whom the city official or
employee has a personal, professional, or business relationship independent of
the city official or employee's status with the city.
   (c)   Honorarium, meals, travel, lodging, and entertainment.
      (1)   A city official or employee may not solicit, accept, or agree to
accept any honorarium (cash payment or in-kind gift, except a plaque) in
consideration for services that a city official or employee would not have been
requested to provide but for his or her official position or duties.
      (2)   A city official may accept meals, travel, lodging, or entertainment
if:
         (A)   the city official is a guest; and
         (B)   the donor or host is present at the meal, travel, lodging, or
entertainment.
      (3)   An employee may accept meals, travel, lodging, or entertainment
relating to a conference, seminar, trade show, or event that is related to the
employee's job duties. Attendance must be approved in accordance with the
city's Administrative Directive on travel, and costs must be reasonable.
   (d)   Tickets.
      (1)   When receiving complimentary tickets, city officials and employees
must evaluate whether the tickets are a gift in violation of Subsection (a).
      (2)   City officials and employees may receive tickets to a fundraiser or
charity event that benefits a city facility or program, subject to availability
and in the sole discretion of an event sponsor. These tickets may not be sold
or transferred, except to another city official or employee.
      (3)   Councilmembers and board and commission members may receive
complimentary
annual memberships, individual or family, to city owned facilities that are
operated or managed by a non-profit entity on behalf of the city.
      (4)   City officials may receive tickets to city owned facilities that
are operated by a non-profit entity, such as the State Fair, Arboretum, Dallas
Museum of Art, Dallas Summer Musicals, South Dallas Cultural Center, and the
Latino Cultural Center, subject to availability and in the sole discretion of
an event sponsor, and either the city official or his or her spouse, domestic
partner, or significant other must be in attendance at the event. These tickets
may not be sold or transferred, except to the city official's spouse, domestic
partner, or significant other to another city official or employee.
      (5)   Councilmembers and board and commission members may request tickets
to events at city owned facilities that are operated or managed by a for-profit
entity over which city council does not have oversight responsibilities, such
as American Airlines Center, but councilmembers and board and commission
members are required to purchase these tickets at face value.
      (6)   City officials and department directors may accept blocks of
promotional complimentary tickets to events for distribution, in accordance
with any requirements by the event sponsor, to the general public, including
constituents, to encourage attendance of the general public at city facilities,
programs, and events.
      (7)   City officials and employees may accept discount tickets if the
tickets are provided to all councilmembers, an entire department or office, or
the entire city.
   (e)   Reporting. Except as provided in this chapter, city officials and
employees must report gifts, including tickets, meals, travel, lodging, or
entertainment in accordance with applicable state law and the city's reporting
requirements in Article VI.
   (f)   Campaign contribution exception. The general rule in Subsection (a)
does not apply to a campaign contribution received and reported in compliance
with the Texas Election Code. (Ord. Nos. 32072; 32472)
SEC. 12A-13.   PERSONAL BENEFIT TO OTHERS.
   (a)   Personal benefits to others. To avoid the appearance and risk of a
conflict of interest, a city official or employee shall not use his or her
official position or office, to take or refrain from taking, official action
that he or she knows will result in a personal benefit for any of the following
persons or entities:
      (1)   a relative of the city official or employee;
      (2)   a person with whom the city official or employee has a financial or
business relationship, including but not limited to:
         (A)   an outside employer business of the city official, employee, or
their relative, or someone who works for such outside employer of business;
         (B)   a client or substantial customer of the city official, employee,
or their relative (SUBSTANTIAL means an amount exceeding 10 percent of the city
official, employee, or their relative's income for the previous year);
         (C)   a debtor or creditor of the city official, employee, or their
relative; or
         (D)   a person or business entity with whom the city official or
employee, has, directly or indirectly, within the past 12 months,
            (i)   engaged in negotiations pertaining to a business opportunity,
or
            (ii)   solicited an offer of employment, received, and not rejected
an offer of employment, or accepted an offer of employment.
   (b)   Recusal and disclosure. A city official or employee whose conduct
would violate Subsection (a) shall follow the recusal and disclosure
requirements in Section
12A-24  of this chapter.
   (c)   Exceptions. A personal benefit does not include:
      (1)   salaries, compensation, or employee benefits when the salaries,
compensation, or employee benefits are not given in exchange for a city
employee's or city official's official action or lack of action;
      (2)   campaign or political contributions that are made and reported in
accordance with state law;
      (3)    hospitality extended for a purpose unrelated to the official
business of the city;
      (4)    a public award or reward in recognition of public service or
professional achievement, if the award or reward is reasonable in light of the
occasion;
      (5)   gifts or other ceremonial symbols of recognition presented by
representatives of governmental bodies or political subdivisions who are acting
in their official capacities;
      (6)   a loan from a lending institution made in its regular course of
business on the same terms generally available to the public;
      (7)   complimentary copies of trade publications; and
      (8)   anything of value received as a devise, bequest, or inheritance.
   (d)   Municipal management district boards. The restrictions and
requirements of this section do not apply to a member of a municipal management
district board. (Ord. Nos. 32072; 32472)
SEC. 12A-13.1.   SUBSTANTIAL INTEREST IN BUSINESS ENTITY.
   (a)   If a city official or employee has a substantial interest in a
business entity or in real property, the city official or employee shall file
in accordance with Section
12A-24, before a vote or decision on any matter involving the business entity
or the real property, an affidavit stating the nature and extent of the
interest and shall abstain from further participation in the matter if:
      (1)   in the case of a substantial interest in a business entity, the
action on the matter will have a special economic effect on the business entity
that is distinguishable from the effect on the public; or
      (2)   in the case of a substantial interest in real property, it is
reasonably foreseeable that an action on the matter will have a specific
economic effect on the value of the property, distinguishable from the effect
on the public.
   (b)   For purposes of this section, a person has a substantial interest if:
      (1)   in a business entity:
         (A)   the city official or employee owns 10 percent or more of the
voting stock or shares of the business entity or owns either 10 percent or more
or $15,000 or more of the fair market value of the business entity; or
         (B)   funds received by the city official or employee from the
business entity exceed 10 percent of the person's gross income for the previous
year.
      (2)   in real property, the city official or employee's interest is an
equitable or legal ownership with a fair market value of $2,500 or more.
   (c)   A city official or employee is considered to have a substantial
interest under this section if a relative of the city official or employee has
a substantial interest under this section. (Ord. 32472)
SEC. 12A-14.   MISCELLANEOUS CONFLICTS OF INTEREST.
   (a)   Special rules.
      (1)   Acquisition of interest in impending or decided matters. A city
official or employee shall not acquire an interest (economic or otherwise) in
any matter:
         (A)   if the official or employee knows that the interest will be
affected by upcoming official action of the city.
         (B)   affected by an official action of the city for a period of one
year after the date of the official action.
      (2)   Reciprocal favors. A city official or employee may not enter into
an agreement or understanding with any other person that official action by the
official or employee will be rewarded or reciprocated.
      (3)   Benefits to previous employers. A city official or employee may
not, within 12 months of beginning his or her employment or service with the
city, award a contract or participate in a matter benefiting a person or
business entity that formerly employed the city official or employee.
      (4)   Area of notification conflict.
         (A)   General. A city official or employee shall not take official
action on, or otherwise participate in, a matter if the city official or
employee has an ownership interest, a lease, or other economic interest in a
property within the area of notification listed in:
            (1)   Sections
51A-1.105(a) and (b) (zoning and board of adjustment applications);
            (2)   Section
51A-4.701 (authorized zoning cases);
            (3)   Sections
51A-9.201 and
51A-9.202 (thoroughfare realignments, state or county thoroughfare
improvements).
   For purposes of this paragraph, ECONOMIC INTEREST includes, but is not
limited to, legal or equitable property interests in land, chattels, and
intangibles, and contractual rights, having more than de minimis value.
         (B)   Recusal and disclosure. A city official or employee who has an
ownership interest, a lease, or other economic interest in a property within
the area of notification in Subparagraph (A) of this paragraph shall follow the
recusal and disclosure requirements in Section
12A-24  of this chapter.
   (b)   Board of directors of a reinvestment zone.
      (1)   Notwithstanding any other provision of this section, a member of
the board of directors of a reinvestment zone established under the Tax
Increment Financing Act, as amended, may:
         (A)   own property within that reinvestment zone; and
         (B)   participate in discussions and voting on matters before the
board of directors that may indirectly affect the member's property within the
reinvestment zone, but must follow the recusal and disclosure requirements in
Section
12A-24 on matters before the board of directors that may directly affect the
member's property in the reinvestment zone.
      (2)   For purposes of this subsection, a matter directly affects a
member's property in the reinvestment zone if the matter involves a project in
the reinvestment zone that is:
         (A)   financed with tax increment funds; and
         (B)   located within 200 feet of the member's property.
   (c)   City officials and employees serving in policymaking positions for
business entities at the direction of the city. The restrictions and
requirements of Section
12A-24  of this chapter do not apply to a city official or employee serving as
an officer or director or in any other policymaking position for a business
entity when taking official action on behalf of the city on matters concerning
that business entity, if the city official or employee:
      (1)   was appointed by the mayor, city council, or city manager to
represent the city as an officer or director or in any other policymaking
position for the business entity; and
      (2)   has no substantial economic interest in the business entity or in
the matter on which the action is being taken as defined in Texas Local
Government Code Section 171.002, as amended.
   (d)   Municipal management district boards. The restrictions and
requirements of this section do not apply to a member of a municipal management
district board. (Ord. Nos. 24316; 24720; 27504; 27819; 30391; 32072; 32472)
SEC. 12A-15.   DONATIONS.
   (a)   Purpose and procedures.
      (1)   Donations of money, real estate, products, and services to the city
allow residents to make valuable contributions to city programs and should be
encouraged. Persons and business entities making donations should not, however,
expect any reward, reciprocal benefit, or influence.
      (2)   Donations must be documented to ensure transparency of government,
enable measurement of the value and usefulness of the donation, and allow for
audits of donations.
      (3)   For long-term or complex projects and projects involving
professional services, an agreement must be drafted to document the scope of
goods or services to be donated and to document which party retains ownership
of intellectual property. If a donation will lead to city expenditures,
expenditures must follow the procurement process if required by city code or
state law.
   (b)   General rule.
      (1)   A city official, employee, or department shall not solicit, accept,
or agree to accept any donation to the city of money, real estate, products, or
services that:
         (A)   reasonably tends to influence or reward official conduct; or
         (B)   the city official, employee, or department knows is intended to
influence or reward the discharge of official duties.
      (2)   A person or business entity shall not knowingly offer any donation
to the city of money, real estate, products, or services that:
         (A)   reasonably tends to influence or reward official conduct; or
         (B)   the person or business entity knows is intended to influence or
reward the discharge of official duties.
   (c)   Reporting. City officials, employees, and departments receiving a
donation to the city shall report the donation in compliance with Article VI.
   (d)   Exceptions. This section does not apply to gifts made to a city
official or employee in compliance with Section
12A-12 . This section does not apply to exceptions to the gift rules. (Ord.
Nos. 32072; 32472)
SEC. 12A-16.   NEPOTISM.
   (a)   Appointment or employment of relatives.
      (1)   A city official or employee shall not appoint, or take any action
to influence the appointment of, his or her relative to a quasi-judicial board
or commission within the city.
      (2)   A city council member shall not appoint any fellow city council
member's relative to the ethics advisory commission or to any quasi-judicial
board or commission within the city.
      (3)   A city official or employee shall not appoint or employ, or take
any action to influence the appointment or employment of, his or her relative
to any position of employment within the city.
   (b)   Supervision of relatives. In addition to the nepotism restrictions of
Section
34-5 (d) of the city code for employees, no city official shall be permitted to
be the immediate supervisor of his or her relative.
   (c)   Fringe benefits. The general rule described in Subsection (a) does not
prohibit the city from granting fringe benefits to city employees as a part of
their employment contracts or as an added incentive to securing or retaining
employees. (Ord. Nos. 24316; 27504; 27819; 30391; 32072; 32472)
SEC. 12A-17.   CONFIDENTIAL INFORMATION.
   (a)   Improper access. A city official or employee shall not use his or her
position to access official information about any person or entity for any
purpose other than the performance of official responsibilities.
   (b)   Improper disclosure or use. A city official or employee shall not
knowingly disclose any confidential government information gained by reason of
the official's or employee's position. This subsection does not prohibit:
      (1)   any disclosure that is no longer confidential government
information;
      (2)   the confidential reporting of illegal or unethical conduct to
authorities designated by law; or
      (3)   any disclosure, not otherwise prohibited by law, in furtherance of
public safety.
   (c)   Disclosure of a closed meeting. A city official or employee shall not
knowingly disclose to a member of the public the certified agenda, the
recording, or the discussion had within a meeting that was lawfully closed to
the public, unless the disclosure is made with lawful authority.
   (d)   Penalty. A person commits an offense if he or she discloses
confidential information in violation of Subsections (b) or (c). (Ord. Nos.
24316; 30391; 32072; 32472)
SEC. 12A-18.   REPRESENTATION OF PRIVATE INTERESTS.
   (a)   Representation before the city.
      (1)   General rule.
         (A)   Representation for compensation. A city official or employee
shall not represent, for compensation, any person, group, or entity (other than
themselves or the city official's or employee's relative) before the city. For
purposes of this subsection, "compensation" means money or any other thing of
value that is received or is to be received in return for or in connection with
such representation.
         (B)   Representation without compensation. A city official or employee
who is a member of a board, commission, or body shall not represent any person,
group, or entity before:
            (i)   that city official's or employee's board, commission, or
body;
            (ii)   city staff having responsibility for making recommendations
to, or taking any action on behalf of, that board, commission, or body; or
            (iii)   a board, commission, or body that has appellate
jurisdiction over the board, commission, or body of which the city official or
employee is a member, if any issue relates to the official's or employee's
duties.
      (2)   Exceptions. The restrictions in this subsection do not apply to:
         (A)   A person who is a city official only because that person is an
appointed member of a board, commission, or body, may represent for
compensation a person, group, or entity before the city so long as the
representation is not before the board, commission, or body that the person is
a member of.
         (B)   If the representation is before a board, commission, or body, of
which the city official or employee is a member, that is only advisory in
nature.
         (C)   An employee who is a duly designated representative of an
association of municipal employees may represent that association before the
city if otherwise permissible by state law.
         (D)   A member of a municipal management district board.
      (3)   Prestige of office and improper influence. In connection with the
representation of private interests before the city, a city official or
employee shall not:
         (A)   assert the prestige of the city official's or employee's
position for the purpose of advancing private interest; or
         (B)   state or imply that the city official or employee can influence
city action on any basis other than the merits.
      (4)   Campaign disclosure.
         (A)   Applicability.
            (1)   A person who was paid to participate in, or served as a
campaign treasurer in, a sitting councilmember's most recent city council
campaign and who represents themselves, their client, their employer, or
another third party at a public or private city meeting where at least one
councilmember is present must disclose that participation. A "campaign
treasurer" is the person designated as a campaign treasurer for a candidate
under the Texas Election Code.
            (2)   A person who represents at a public or private city meeting
where at least one councilmember is present the interests of a person or entity
that was paid to participate in a sitting councilmember's most recent city
council campaign must disclose that participation.
         (B)   Disclosure requirement. Campaign participation must be disclosed
verbally immediately:
            (1)   after stating his or her name and address for the record
during a public city meeting where the representation is taking place; or
            (2)   at the beginning of a private city meeting.
The most recent campaign includes both the campaign for the general election
and the runoff election, if applicable.
   (b)   Representation in litigation adverse to the city.
      (1)   Officials and employees (other than board and commission members).
A city official or employee, other than a person who is classified as an
official only because that person is an appointed member of a board,
commission, or body, shall not represent any person, group, or entity (other
than themselves or their relative) in any litigation to which the city is a
party, if the interests of that person, group, or entity are adverse to the
interests of the city. This rule does not prohibit an employee who is a duly
designated representative of an association of municipal employees from such
representation if otherwise permissible under state law.
      (2)   Board and commission members. A person who is a city official only
because that person is an appointed member of a board, commission, or body
shall not represent any person, group, or entity (other than themselves or
their relative) in any litigation to which the city is a party, if the
interests of that person, group, or entity are adverse to the interests of the
city and the matter is substantially related to the official's duties to the
city.
      (3)   Affiliates of officials and employees. Subject to applicable
professional ethical standards, the restrictions stated in Subsections (b)(1)
and (b)(2) do not apply to representation by a partner or other affiliate of a
city official or employee so long as the city official or employee does not
participate in any manner whatsoever in the partner's or affiliate's
representation.
   (c)   Representation in municipal court. No member of the city council may
engage in the practice of law in or before the municipal courts of the city.
(Ord. Nos. 24316; 27819; 30391; 32072; 32472)
SEC. 12A-19.   CONFLICTING OUTSIDE EMPLOYMENT.
   (a)   General rule. A city official or employee shall not:
      (1)   solicit, accept, or engage in concurrent outside employment that
could reasonably be expected to impair independence of judgment in, or faithful
performance of, official duties; or
      (2)   personally provide services for compensation, directly or
indirectly, to a person or organization that is requesting an approval, an
investigation, or a determination from the body or department of which the
official or employee is a member.
   (b)   Exception. The restrictions stated in Subsection (a) do not apply to:
      (1)   outside employment of a city official if the employment is the
official's primary source of income; or
      (2)   a member of a municipal management district board.
   (c)   Other rules. The general rule stated in Subsection (a) applies in
addition to all other rules relating to outside employment of city officials
and employees, including requirements for obtaining prior approval of outside
employment as applicable.
   (d)   Public utility corporations. An employee of the city may accept
employment from a public utility corporation enjoying the grant of a franchise,
privilege, or easement from the city if the:
      (1)   employee is to perform the duties of a security guard for the
public utility corporation;
      (2)   employment is approved by the employee's department head; and
      (3)   employment does not conflict with his or her duties as an employee
of the city. (Ord. Nos. 24316; 27819; 32072; 32472)
SEC. 12A-20.   PUBLIC PROPERTY AND RESOURCES.
   (a)   A city official or employee shall not use, request, or permit the use
of city facilities, personnel, equipment, or supplies for private purposes
(including political purposes).
   (b)   A city council member shall not use, request, or permit the use of
city facilities, personnel (including
city employees), equipment, or supplies for any campaign expenditure, campaign
contribution, political advertising, or campaign communication as defined in
Title 15, "Regulating Political Funds and Campaigns," of the Texas Election
Code, as amended, and Texas Ethics Commission rules, regulations, and opinions.
   (c)   City officials and employees may not apply for or obtain an incentive
offered by the city, including grants, loans, tax abatements, and tax credits,
unless the incentive is available to the general public, the application is
evaluated under the same criteria that apply to the general public, and the
incentive is subject to the same terms and conditions that apply to the general
public. (Ord. Nos. 24316; 30391; 32072; 32472)
SEC. 12A-21.   POLITICAL ACTIVITY.
   (a)   City officials. In any election, except the city official's own, a
city official shall not:
      (1)   use the prestige of the city official's position with the city on
behalf of a candidate, political party, or political committee, except in
connection with:
         (A)   an endorsement, a city official (who is a city official only
because that person is an appointed member of a board, commission, or body) is
not prohibited from lending the city official's name so long as the office held
with the city is not mentioned;
         (B)   any election ordered by the City of Dallas on a proposition or
measure, a city council member is not prohibited from lending the city
official's name and official city title; and
         (C)   any election for public office, a city council member is not
prohibited from lending the city council member's name and office held.
      (2)   serve as the designated campaign treasurer for a candidate under
the Texas Election Code; or
      (3)   solicit or receive contributions for a candidate, political party,
or political committee, except that a city official is not prohibited from
serving on a steering committee to plan a program of solicitation and listing
the city official's name without reference to the office held when the
committee as a whole is listed.
   (b)   Employees. A city employee may become a candidate for public office. A
city employee may not be disciplined, including termination, solely because the
city employee becomes a candidate for public office. The city employee must,
however, still fulfill all the duties and responsibilities associated with his
or her city employment.
   (c)   Influencing subordinates. A city official or employee shall not,
directly or indirectly, induce or attempt to induce any city subordinate of the
official or employee to:
      (1)   participate in an election campaign, contribute to a candidate or
political committee, or engage in any other political activity relating to a
particular party, candidate, or issue; or
      (2)   refrain from engaging in any lawful political activity.
A general statement merely encouraging another person to vote does not violate
this subsection.
   (d)   Paid campaigning. A city official or employee shall not, directly or
indirectly, accept anything of value for political activity relating to an item
pending on the ballot, if the official or employee participated in, or provided
advice relating to, the exercise of discretionary authority by a city body that
contributed to the development of the ballot item. For purposes of this
subsection, "anything of value" does not include a meal or other item of
nominal value the city official or employee receives in return for providing
information on an item pending on the ballot.
   (e)   Official vehicles. A city official or employee shall not display or
fail to remove campaign materials on any city vehicle under his or her control.
   (f)   Elections. A city employee shall not use the prestige of his or her
position with the city on behalf of any candidate, political party, or
political committee.
   (g)   Charter provisions. A city official or employee shall comply with the
provisions governing political activity in
Chapter XVI, Section 16  of the city charter.
   (h)   Public property and resources. Limitations on the use of public
property and resources for political purposes are imposed by Section
12A-20  of this chapter. (Ord. Nos. 24316; 25203; 29645; 30391; 32072; 32472)
SEC. 12A-22.   PROHIBITED INTERESTS IN CONTRACTS.
   (a)   Charter restrictions relating to financial interests in city
contracts. Except as provided in Section
12A-20 (c), a city official or employee shall comply with the restrictions on
financial interests in city contracts in
Chapter XXII, Section 11  of the city charter. The restrictions on financial
interests in a city contract in
Chapter XXII, Section 11  of the city charter do not apply to a nominee or
member of a city board or commission except as provided in Subsection (b) and
Section
12A-20 (c).
   (b)   Additional restrictions relating to city contracts. A city official or
employee may not, while in the service or employment of the city, either
individually or as the officer or principal of an entity:
      (1)   submit a bid or proposal to make any city contract, whether or not
the contract is required by state law to be competitively bid; or
      (2)   negotiate or enter into any city contract whether or not the
contract is required by state law to be competitively bid.
   (c)   Exceptions. The restrictions in Subsections (a) and (b) do not apply
to a member of a:
      (1)   board, commission, or body that is advisory only;
      (2)   committees or task forces formed by boards or commissions;
      (3)   board of a nonprofit development corporation that acts as an
instrumentality of the city; or
      (4)   municipal management district board.
   (d)   Restrictions relating to the first year of employment. During the
first year of city service, a city official or employee shall not participate
in the making or awarding of a contract or attempt to use their official
position to influence a city decision relating to a contract if a party to the
contract is a person or entity by whom the city official or employee was
employed within one year before beginning city service. (Ord. Nos. 24316;
27504; 27819; 29645; 30391; 32072; 32472)
SEC. 12A-23.   EX PARTE COMMUNICATIONS.
   No person shall, directly or indirectly, communicate with any city official
of any quasi- judicial city board or commission regarding any adjudicative
matter that is, or may reasonably be expected to be, pending before the board
or commission, unless a full disclosure of the communication is simultaneously
made available to every other party to the matter. This prohibition does not
apply to any communication by a city employee with the city board or commission
in the performance of the city employee's official duties. (Ord. Nos. 32072;
32472)
SEC. 12A-24.   RECUSAL AND DISCLOSURE.
   (a)   General rule. A city official or employee whose conduct or action on a
matter would violate any section in
Articles II  and
III  of this chapter must recuse themselves. From the time that the conflict is
recognized, the city official or employee shall:
      (1)   immediately refrain from further participation in the matter,
including discussions with any other persons likely to consider the matter; and
      (2)   promptly file with the city secretary a written statement
disclosing the conflict of interest.
   (b)   Additional recusal and disclosure requirements. In addition to the
requirements of Subsection (a):
      (1)   A supervised employee shall promptly bring that person's conflict
to the attention of a supervisor, who will then, if necessary, reassign
responsibility for handling the matter to another person;
      (2)   the park and recreation director shall promptly bring that person's
conflict to the attention of the park and recreation board;
      (3)   the civil service director shall promptly bring that person's
conflict to the attention of the civil service board;
      (4)   the employees' retirement fund administrator shall promptly bring
that person's conflict to the attention of the board of trustees of the
employees' retirement fund;
      (5)   a municipal judge shall promptly bring that person's conflict to
the attention of the administrative municipal judge;
      (6)   the city manager, city attorney, city secretary, city auditor,
inspector general and administrative municipal judge shall promptly bring that
person's conflict to the attention of the city council;
      (7)   a board or commission member shall promptly disclose that member's
conflict to the board or commission of which that person is a member and shall
not be present during any discussion or voting on the matter; and
      (8)   a city council member shall promptly disclose that member's
conflict to the city council and shall not be present during any discussion or
voting on the matter.
   (c)   Exception to the recusal requirement. If a city official is required
to file and does file a written statement disclosing a conflict of interest
under Subsection (a), the official is not required to abstain from further
participation in the matter requiring the written statement if a majority of
the members of the city council, a board or commission, or another city body of
which the official is a member is composed of persons who are likewise required
to file and who do file written statements of similar interest on the same
official action. (Ord. Nos. 30391; 32072; 32472)
ARTICLE IV.
FORMER CITY OFFICIALS AND EMPLOYEES.
SEC. 12A-25.   CONTINUING CONFIDENTIALITY.
   (a)   Improper disclosure or use. A former city official or employee shall
not use or disclose confidential government information acquired during service
as a city official or employee. This rule does not prohibit:
      (1)   any disclosure that is no longer confidential government
information;
      (2)   the confidential reporting of illegal or unethical conduct to
authorities designated by law; or
      (3)   any disclosure, not otherwise prohibited by law, in furtherance of
public safety.
   (b)   Disclosure of a closed meeting. A former city official or employee
shall not knowingly disclose to a member of the public the certified agenda,
the recording, or the discussion had within a meeting that was lawfully closed
to the public, unless the disclosure is made with lawful authority. (Ord. Nos.
24316; 30391; 32072; 32472)
SEC. 12A-26.   SUBSEQUENT REPRESENTATION.
   (a)   Representation by a former city council member or former board or
commission member. A person who was a member of the city council, a board or
commission, or another city body shall not represent any person, group, or
entity (other than himself or herself or his or her relative) for a period of
one year after the termination of his or her official duties:
      (1)   before the city council or that board, commission, or body;
      (2)   unless the board, commission, or body of which the former city
official or employee was a member is only advisory in nature:
         (A)   before city staff having responsibility for making
recommendations to, or taking any action on behalf of, the city council or that
board, commission, or body; or
         (B)   before a board, commission, or other city body that has
appellate jurisdiction over the board, commission, or body of which the former
city official or employee was a member, if any issue relates to his or her
former duties.
   (b)   Representation before the city. A former city official or employee
shall not represent for compensation any person, group, or entity (other than
himself or herself or his or her relative) before the city for a period of one
year after termination of his or her official duties. This subsection does not
apply to a person who was classified as a city official only because he or she
was an appointed member of a board, commission, or other city body. For
purposes of this subsection, "compensation" means money or any other thing of
value that is received, or is to be received, in return for or in connection
with such representation.
   (c)   Representation in litigation adverse to the city. A former city
official or employee shall not, for a duration of one year after completing his
or her service with the city, represent any person, group, or entity (other
than himself or herself or his or her relative) in any litigation to which the
city is a party, if the interests of that person, group, or entity are adverse
to the interests of the city and the matter is one in which the former city
official or employee personally participated prior to termination of his or her
official duties or is a matter substantially related to such a matter.
   (d)   Statement or implication of inappropriate influence. In connection
with the representation of private interests, a former city official or
employee shall not state or imply that he or she can influence city action on
any basis other than the merits. (Ord. Nos. 24316; 32072; 32472)
SEC. 12A-27.   DISCRETIONARY CONTRACTS.
   (a)   Impermissible financial interest in discretionary city contract or
sale. This subsection applies only to contracts or sales made on a
discretionary basis and not to contracts or sales made on a competitive bid
basis. Within one year after the termination of official duties, a former city
official or employee shall not have any financial interest, direct or indirect,
in any discretionary contract with the city, or be financially interested,
directly or indirectly, in the sale to the city of any land, materials,
supplies, or services. Any violation of this subsection, with knowledge,
express or implied, of the person or corporation contracting with the city,
renders the contract involved voidable by the city manager or city council.
   (b)   Additional restrictions. A former city official or employee may not,
within one year after leaving the service or employment of the city, either
individually or as the officer or principal of a private business entity:
      (1)   submit a proposal, on behalf of the official or employee or on
behalf of a private business entity, to make any discretionary city contract;
or
      (2)   negotiate or enter into any discretionary city contract.
   (c)   Prior participation in negotiation or award of contract and disclosure
requirements. A former city official or employee may not, within one year after
the termination of official duties, perform work on a compensated basis
relating to a discretionary contract with the city if he or she personally
participated in the negotiation or awarding of the contract. A former city
official or employee, for one year after termination of official duties, must
disclose to the city secretary immediately upon knowing that he or she will
perform work on a compensated basis relating to any discretionary contract with
the city.
   (d)   Exceptions. The prohibitions of Subsections (a), (b), and (c) do not
apply to:
      (1)   a contract for the personal services of a former city official or
employee;
      (2)   a member of a board, commission, or body that is advisory only;
      (3)   a volunteer on a committee or task force formed by a board or
commission; or
      (4)   the provision of goods, facilities, or services by the city to a
former city official or employee pursuant to duly adopted city policies and on
nonnegotiable terms generally available to the public, including renting a
recreational space.
   (e)   Waivers. The prohibitions of Subsections (a), (b), and (c) may be
waived by the city council, after a review of the specific circumstances, for a
person who is considered a former official because he or she was a member of a
board or commission that is more than advisory in nature. (Ord. Nos. 24316;
24721; 32072; 32472)
SEC. 12A-28.   RESTRICTIONS ON LOBBYING.
   (a)   A city council member shall be prohibited from registering as a
lobbyist and from lobbying city council members, or any city department, board,
or commission, for one year after leaving service with the city.
   (b)   A city official other than a city council member who is a member of a
board or commission shall be prohibited from registering as a lobbyist and
lobbying that board or commission for one year after the city official's
service on that board or commission has ended.
   (c)   A city employee, including city employees who are city officials,
shall be prohibited from registering as a lobbyist and from lobbying city
council members, or any city department, board, or commission, for one year
after leaving employment with the city.
   (d)   Nothing in this section prohibits a person from lobbying on behalf of
another government agency if they are employed by that governmental agency.
(Ord. Nos. 30391; 32072; 32472)
ARTICLE V.
LOBBYISTS.
SEC. 12A-29.   DEFINITIONS.
   In this article, unless specifically provided otherwise:
      (1)   CITY OFFICIAL means:
         (A)   The mayor and city council members.
         (B)   The city manager, assistant city managers, and chiefs.
         (C)   The city attorney, first assistant city attorney, and inspector
general.
         (D)   The city secretary and first assistant city secretary.
         (E)   The city auditor and first assistant city auditor.
         (F)   Municipal judges.
         (G)   All department directors.
         (H)   City of Dallas appointed members to the following boards and
commissions:
            (i)   Board of adjustment and board of adjustment alternate
members.
            (ii)   Building inspection advisory, examining, and appeals board.
            (iii)   City plan commission.
            (iv)   Civil service board and civil service board adjunct members.
            (v)   Community development commission.
            (vi)   Dallas area rapid transit board.
            (vii)   Dallas-Fort Worth international airport board.
            (viii)   Ethics advisory commission.
            (ix)   Fire code advisory and appeals board.
            (x)   Housing finance corporation board.
            (xi)   Landmark commission and landmark commission alternate
members.
            (xii)   All local government corporation boards.
            (xiii)   All municipal management district boards.
            (xiv)   Park and recreation board.
            (xv)   Permit and license appeal board.
            (xvi)   All reinvestment zone boards.
      (2)   CLIENT.
         (A)   "Client" means any person on whose behalf lobbying is conducted.
If a person engages in lobbying on that person's own behalf, whether directly
or through the acts of others, the person is both a client and a lobbyist.
         (B)   In the case of a coalition or association that employs or
retains other persons to conduct lobbying activities, the client is the
coalition or association and not its individual members.
         (C)   In the case of a limited liability company, limited partnership
company, or similar entity, the client includes the managers and general
partners, but does not include the non-managing members or limited partners.
         (D)   In the case of affiliated business entities, the client includes
the parent entity and each subsidiary with a direct economic interest in a
municipal question and on whose behalf the municipal question is being lobbied
but does not include any other subsidiaries or entities whose only involvement
in the municipal question or lobbying activities is being under the common
control or ownership structure of the parent entity.
      (3)   COMPENSATION.
         (A)   "Compensation" means any money, service, facility, or other
thing of value that is received, or is to be received, in return for or in
connection with lobbying services rendered, or to be rendered, including
reimbursement of expenses incurred in lobbying.
         (B)   "Compensation" does not include:
            (i)   a payment made to any individual regularly employed by a
person if:
               (aa)   the payment ordinarily would be made regardless of
whether the individual engaged in lobbying activities; and
               (bb)    lobbying activities are not part of the individual's
regular responsibilities to the person making the payment; or
            (ii)   any amounts previously reported under Section
12A-33 of this article.
         (C)   If a lobbyist engages in both lobbying activities and other
activities on behalf of a person, compensation for lobbying includes all
amounts received from that person, if, for the purpose of evading the
obligations imposed under this article, the lobbyist has structured the receipt
of compensation in a way that unreasonably minimizes the value of the lobbying
activities.
         (D)   Compensation that has not yet been received is considered to be
received on the date that it is earned, if that date is ascertainable;
otherwise, it is received on the date on which the contract or agreement for
compensation is made, or on the date lobbying commences, whichever is first.
      (4)   EXPENDITURE.
         (A)   "Expenditure" means a payment, distribution, loan, advance,
reimbursement, deposit, or gift of money or anything of value, including a
contract, promise, or agreement to make an expenditure, regardless of whether
such contract, promise, or agreement is legally enforceable.
         (B)   "Expenditure" does not include:
            (i)   an amount paid to any individual regularly employed by a
person if:
               (aa)   the amount paid to the individual is ordinarily paid
regardless of whether the individual engages in lobbying activities; and
               (bb)    lobbying activities are not part of the individual's
regular responsibilities to the person making the payment; or
            (ii)   the cost of photocopying city documents, if those costs are
the only expenditures made by the person in question on lobbying activities.
         (C)   The date on which an expenditure is incurred is determined
according to generally accepted accounting principles.
      (5)   GIFT has the same meaning as in Section
12A-2.
      (6)   IMMEDIATE FAMILY means a spouse, a domestic partner, and dependent
children.
      (7)   LOBBYIST means a person who engages in lobbying, whether directly
or indirectly. If an agent or employee engages in lobbying for a principal or
employer, both the agent and the principal, or the employee and the employer,
are lobbyists.
      (8)   LOBBY or LOBBYING.
         (A)   "Lobby or lobbying" means any oral or written communication
(including an electronic communication) to a city official, made directly or
indirectly by any person in an effort to influence or persuade an official to
favor or oppose, recommend or not recommend, vote for or against, or take or
refrain from taking action on any municipal question.
         (B)   "Lobby or lobbying" does not include a communication:
            (i)   merely requesting information or inquiring about the facts or
status of any municipal question, matter, or procedure that does not attempt to
influence a city official;
            (ii)   made by a public official or employee (including, but not
limited to, an official or employee of the city of Dallas) acting in his or her
official capacity;
            (iii)   made by a representative of a media organization if the
purpose of the communication is gathering and disseminating news and
information to the public;
            (iv)   made in a speech, article, publication, or other material
that is distributed and made available to the public, or through radio,
television, cable television, or any other medium of mass communication;
            (v)   made at a meeting open to the public under the Texas Open
Meetings Act;
            (vi)   made in the form of a written comment filed in the course of
a public proceeding or any other communication that is made on the record in a
public proceeding;
            (vii)   made in writing as a petition for official action and
required to be a public record pursuant to established city procedures;
            (viii)   made in an oral or written response narrowly tailored to
address an oral or written request by a city official for specific information;
            (ix)   the content of which is compelled by law;
            (x)   made in response to a public notice soliciting communications
from the public and directed to the official specifically designated in the
notice to receive such communications;
            (xi)   made on behalf of an individual with regard to that
individual's employment or benefits;
            (xii)   made by a fact witness or expert witness at an official
proceeding; or
            (xiii)   made by a person solely on behalf of that individual, his
or her spouse or domestic partner, or his or her minor children.
      (9)   LOBBYING FIRM means:
         (A)   a self-employed lobbyist;
         (B)   a person who has one or more employees that are lobbyists on
behalf of a client or clients other than that person; or
         (C)   a person who has one or more employees that are lobbyists on the
person's behalf and the person is the client.
      (10)   MUNICIPAL QUESTION means a public policy issue of a discretionary
nature that is pending before, or that may be the subject of action by, the
city council or any city board or commission. The term includes, but is not
limited to, proposed actions or proposals for action in the form of ordinances,
resolutions, motions, recommendations, reports, regulations, policies,
nominations, appointments, sanctions, and bids, including the adoption of
specifications, awards, grants, or contracts. The term does not include the
day-to-day application, administration, and execution of city programs and
policies such as permitting, platting, and design approval matters related to
or in connection with a specific project or development.
      (11)   PERSON means an individual, corporation, association, firm,
partnership, committee, club, organization, or a group of persons voluntarily
acting in concert.
      (12)   PUBLIC SUBSIDY MATTER means any of the following:
         (A)   A tax abatement.
         (B)   A housing tax credit.
         (C)   An historic development tax abatement.
         (D)   Federal grant money administered by the city.
         (E)   Tax increment financing.
         (F)   An economic development grant or loan.
         (G)   The direct sale or lease of city-owned or city-controlled real
property excepted from complying with the notice and bidding requirements of
Texas Local Government Code Section 272.001(a) or other law.
      (13)   REGISTRANT means a person required to register under this article.
(Ord. Nos. 27748; 27834; 30489; 32072; 32472)
SEC. 12A-30.   PERSONS REQUIRED TO REGISTER AS LOBBYISTS.
   (a)   Except as provided by Section
12A-31, a person must register with the city secretary if the person:
      (1)   receives compensation of $200 or more in a calendar quarter for
lobbying;
      (2)   receives reimbursement of $200 or more in a calendar quarter for
lobbying; or
      (3)   lobbies as the agent or employee of a person who:
         (A)   receives compensation of $200 or more in a calendar quarter for
lobbying; or
         (B)   receives reimbursement of $200 or more in a calendar quarter for
lobbying.
   (b)   A lobbying firm that is not required to register under Subsection (a)
of this section may register as a lobbyist with the city secretary if the
lobbying firm has two or more employees who are required to register under
Subsection (a). A lobbying firm that chooses to register all of its employees
as lobbyists under this subsection, instead of having them register
individually, will be deemed a "registrant" and "a person required to register"
for all purposes of this article and will be subject to all requirements,
procedures, and penalties applicable to a "registrant" and "person required to
register," as those terms are used in this article.
   (c)   An attorney who is representing a client must register as a lobbyist
if the attorney meets the compensation or reimbursement standards of Subsection
(a). A law firm employing two or more attorneys required to register as
lobbyists under this section may register as a lobbying firm instead of
registering the individual attorneys.
   (d)   A person who is representing an association of city employees or an
association of former city employees must register as a lobbyist if the person
meets the compensation or reimbursement standards of Subsection (a) or if the
person is representing the association on a pro bono basis. (Ord. Nos. 27748;
27834; 30391; 32072; 32472)
SEC. 12A-31.   EXCEPTIONS.
   (a)   The following persons are not required to register or file an activity
report under this article:
      (1)   A person who owns, publishes, or is employed by a newspaper, any
other regularly published periodical, a radio station, a television station, a
wire service, or any other bona fide news medium that in the ordinary course of
business disseminates news, opinions, or paid advertisements that directly or
indirectly oppose or promote municipal questions or seek to influence official
action relating to municipal questions, provided that the person does not
engage in other activities that require registration under this article. This
exception does not apply if a person's relation to the news media is only
incidental to a lobbying effort or if a position taken or advocated by a media
outlet directly impacts, affects, or seeks to influence a municipal question in
which the media outlet has a direct or indirect economic interest.
      (2)   A person whose only lobbying activity is to encourage or solicit
the members, employees, or owners (including shareholders) of an entity by whom
the person is compensated to communicate directly with one or more city
officials to influence municipal questions.
      (3)   A governmental entity and its officials and employees, provided the
communications relate solely to subjects of governmental interest concerning
the governmental entity and the city.
      (4)   A person who neither knows nor has reason to know that a municipal
question is pending at the time of contact with a city official. This exception
does not apply if the existence of a municipal question is discovered during
on-going contacts with a city official and the person then engages in
additional lobbying of the same official or other city officials with respect
to that municipal question.
      (5)   A person whose contact with a city official is made solely as part
of resolving a dispute with the city, provided that the contact is solely with
city officials who do not vote on or have final authority over any municipal
question involved.
      (6)   An agent or employee of a lobbying firm or other registrant,
provided that the lobbying firm or other registrant files a registration
statement or activity report for the period in question fully disclosing all
relevant information known to the agent or employee.
      (7)   An individual who engages in lobbying, but who does not receive
compensation or reimbursement for lobbying with respect to any client.
      (8)   A neighborhood association, crime watch group, or homeowners
association or its members when lobbying on a municipal question that affects
the group or association as a whole.
   (b)   If, after notification by the city secretary that registration is
required, a person shall, within 14 days of the date of notification:
      (1)   file an affidavit with the city secretary stating the basis for an
exception under this section; or
      (2)   register as required by this article. (Ord. Nos. 27748; 30391;
32072; 32472)
SEC. 12A-32.   REGISTRATION.
   (a)   Initial registration. A person required to register as a lobbyist
under this article shall file a separate registration for each client. A
registrant who makes more than one lobbying contact for the same client shall
file a single registration form covering all lobbying contacts for that client.
If the registrant is not an individual, an authorized officer or agent of the
registrant must file the form. An initial registration form relating to a
client must be filed by a person required to register under this article within
five days after the start of lobbying activity for that client, except that
initial registration of a client in a zoning case must be filed within five
days after the zoning application is filed with the city. In no event shall a
registrant knowingly fail to register, or knowingly fail to disclose such
registration to relevant city officials, prior to official city action relating
to the subject matter of the lobbying activity.
   (b)   Subsequent annual registration. Subsequent registration forms must be
filed annually by January 15 for each client for whom a registrant previously
filed or was required to file an initial registration form in the prior
registration year if lobbying activities are still being conducted or will
foreseeably be conducted for the client during the new registration year.
   (c)   Required disclosures. An initial or subsequent registration must be
filed on the form and in the manner prescribed by the city secretary and must
include, to the extent applicable, the following information:
      (1)   The full name, telephone number, permanent address, and nature of
the business of:
         (A)   the registrant;
         (B)   the client;
         (C)   any person, other than the client, on whose behalf the
registrant has been engaged by the client to lobby;
         (D)   any person, other than the client, who is known by the
registrant to contribute financially to the compensation of the registrant, or
who, in whole or in major part, plans, supervises, or controls the registrant's
lobbying activities on behalf of the client;
         (E)   any lobbying firm for which the registrant is an agent or
employee with respect to the client; and
         (F)   each employee or agent of the registrant who has acted or whom
the registrant expects to act as a lobbyist on behalf of the client.
      (2)   A statement of all municipal questions on which the registrant:
         (A)   has lobbied for the client in the calendar quarter in which the
registration is filed and in the three months preceding the filing of the
registration, including the name of each city official contacted by the
registrant on behalf of the client with regard to each municipal question and
the type of contact made with the city official (in person, telephone call,
letter, electronic mail, etc.); or
         (B)   will foreseeably lobby for the client in the calendar quarter in
which the registration is filed and in the three months following the filing of
the registration.
      (3)   If the municipal question relates to a zoning case, the name of
each city official contacted and the type of contact made (in person, telephone
call, letter, electronic mail, etc.) by the registrant on behalf of the client
from the time the registrant began lobbying activities relating to the zoning
case until the time the registrant filed a registration for the client in
compliance with this section.
      (4)   Disclosure of any employment or arrangement to lobby for the client
on a contingent fee basis.
      (5)   A list of any positions held by the registrant as a city official
or city employee, as those terms are defined in Section
12A-2, during the 24 months preceding the filing of the registration.
      (6)   A statement that, by filing the registration, the registrant swears
or affirms under penalty of perjury that, to the best of the registrant's
knowledge, all information contained in the registration is true and correct
and that the registration is complete and includes all information required to
be disclosed under this article.
      (7)   If the registrant is a former city official or employee, a
statement that, by filing the registration, the registrant swears or affirms
that, to the best of the registrant's knowledge, the registrant's lobbying
activities have not violated and will not foreseeably violate Article III of
this chapter, which governs former city officials and employees.
   (d)   Fee. At the time of filing an initial or subsequent annual
registration, a registrant shall pay to the city an annual registration fee of
$300. A separate registration fee is not required for each additional client
registered during a registration year. All lobbyist registration fees must be
deposited into a separate account within the general fund, which account must
be used to offset the costs of administering the city's lobbyist registration
program and the costs of handling disclosure filings. (Ord. Nos. 27748; 32072;
32472)
SEC. 12A-33.   ACTIVITY REPORTS.
   (a)   Required disclosures. Except as provided in Section
12A-31  of this article, each registrant shall file with the city secretary a
report concerning the registrant's lobbying activities for the prior calendar
quarter. The report for the preceding calendar quarter must be filed not
earlier than the first day or later than the 15th day of April, July, October,
or January, or on the date registration is required, whichever comes later. A
registrant must file a report for each client the registrant received
compensation from or expended monies for lobbying during the prior calendar
quarter. If the registrant is not an individual, an authorized officer or agent
of the registrant shall file the report. The report must be filed on the form
and in the manner prescribed by the city secretary and must include, with
respect to the previous calendar quarter, to the extent applicable, the
following information:
      (1)   The name of the registrant, the name of the client, and any changes
or updates in the information provided in the most recent registration
statement filed pursuant to Section
12A-32.
      (2)   A list of the specific issues upon which the registrant engaged in
lobbying activities, including, to the maximum extent practicable, a list of
specific legislative proposals and other proposed, pending, or completed
official actions.
      (3)   Disclosure of any employment or arrangement to lobby for the client
on a contingent fee basis.
      (4)   The name of each city official contacted by the registrant on
behalf of the client with regard to a municipal question and the type of
contact made with the city official (in person, telephone call, letter,
electronic mail, etc.).
      (5)   A list of the employees or agents of the registrant who acted as
lobbyists on behalf of the client.
      (6)   Cumulative lobbying expenditures of over $5,000 in a calendar
quarter, separated into the following categories:
         (A)   Advertising and publications.
         (B)   Compensation to other than full- time employees.
         (C)   Reimbursement to others.
         (D)   Personal sustenance, lodging and travel, if reimbursed.
         (E)   Other expenses.
      (7)   Gifts, benefits, and expenditures that have a cumulative value of
more than $25 that are made to, conferred upon, or incurred on behalf of a city
official or his or her immediate family by the registrant, or by anyone acting
on behalf of the registrant, in any calendar quarter must be itemized by item,
date, city official, actual cost, and circumstances of the transaction.
Pursuant to Section
12A-35(h), the total aggregate value of all gifts, benefits, and expenditures
for each city official shall not exceed $300 per lobbyist, per calendar year.
      (8)   Each exchange (itemized by date, business entity and address, city
official, amount, and nature of transaction) of money, goods, services, or
anything of value by the registrant, or by anyone acting on behalf of the
registrant, with any business entity in which the registrant knows or should
know that a city official has a financial interest, directly or indirectly. For
purposes of this paragraph, financial interest includes legal or equitable
interest in land, chattels, intangibles, and property rights having more than a
de minimum value. For purposes of this paragraph, "exchange" does not include a
routine purchase from a commercial business establishment, if the city official
in question is neither aware, nor likely to become aware, of the transaction.
      (9)   The name and position of each city official or member of a city
official's immediate family who is employed by the registrant.
      (10)   A statement that, by filing the report, the registrant swears or
affirms under penalty of perjury that, to the best of the registrant's
knowledge, all information contained in the report is true and correct and that
the report is complete and includes all information required to be reported
under this article.
   (b)   Information required to be provided to registrant. Each person about
whose activities a registrant is required to report by Subsection (a) shall
provide a full account of such activities to the registrant at least five days
before the registrant's report is due to be filed.
   (c)   Preservation of records. Each registrant shall obtain and preserve all
accounts, bills, receipts, books, papers, and documents necessary to
substantiate the activity reports required under this section for two years
after the date the report containing such items is filed.
   (d)   No activity or changes. No quarterly activity report is required if
there is no activity during the preceding calendar quarter and there are no
other changes to items required to be reported. (Ord. Nos. 27748; 32072; 32472)
SEC. 12A-34.   NON-REGISTRANT DISCLOSURE STATEMENTS.
   (a)   Non-registrant disclosure statement required for zoning cases. Any
applicant, property owner, or purchaser with a property under contract who
lobbies a city council member or a member of the city plan commission on a
municipal question relating to a zoning case that will affect the property
shall file a non-registrant disclosure statement in accordance with this
section. An initial non-registrant disclosure statement must be filed within
five days after the applicant, property owner, or purchaser contacts a city
council member or member of the city plan commission for lobbying purposes.
This paragraph only applies to lobbying contacts made after the application for
the zoning case is filed with the city.
   (b)   Required information. A non-registrant disclosure statement must be
filed on the form and in the manner prescribed by the city secretary. If the
applicant, property owner, or purchaser with a property under contract is not
an individual, an authorized officer or agent of that person shall file the
non-registrant disclosure statement. The non-registrant disclosure statement
must include, to the extent applicable, the following information:
      (1)   The full name, telephone number, permanent address, and nature of
the business of:
         (A)   the applicant;
         (B)   the property owner; and
         (C)   the purchaser with a property under contract.
      (2)   The full name, telephone number, permanent address, and nature of
the business of the person filing the non-registrant disclosure statement, if
different from the applicant, property owner, or purchaser.
      (3)   The address of the property that is the subject of the designated
zoning case.
      (4)   A description of the designated zoning case.
      (5)   The name of each city council member or city plan commission member
contacted by the applicant, property owner, or purchaser relating to a zoning
case and the type of contact made (in person, telephone call, letter,
electronic mail, etc.).
      (6)   A statement that, by filing the non-registrant disclosure
statement, the filer swears or affirms under penalty of perjury that, to the
best of the filer's knowledge, all information contained in the non-registrant
disclosure statement is true, correct, and complete and includes all
information required to be disclosed under this section.
   (c)   Quarterly disclosure statements. Lobbying contacts on a zoning case
made after an initial non-registrant disclosure statement is filed must be
reported by the applicant, property owner, or purchaser with a property under
contract in quarterly non-registrant disclosure statements. A quarterly non-
registrant disclosure statement must be filed on the form and in the manner
prescribed by the city secretary and must include, with respect to the previous
calendar quarter, to the extent applicable, the same information required in
Subsection (b). The non-registrant disclosure statement for the preceding
calendar quarter must be filed not earlier than the first day or later than the
15th day of April, July, October, or January.
   (d)   No fee. No fee will be charged for filing a non-registrant disclosure
statement under this section.
   (e)   Exceptions. This section does not apply to:
      (1)   an applicant, property owner, or purchaser with a property under
contract who is currently registered with the city as a lobbyist and filing
activity reports in accordance with this article; or
      (2)   a neighborhood association, crime watch group, or homeowner's
association or its members when lobbying on a municipal question that affects
the group or association as a whole. (Ord. Nos. 27748; 30489; 32072; 32472)
SEC. 12A-35.   RESTRICTED ACTIVITIES.
   (a)   False statements. A person who lobbies or engages another person to
lobby, or any other person acting on behalf of such person, shall not
knowingly:
      (1)   make any false or misleading statement of fact to any city
official; or
      (2)   cause a copy of a document containing a false statement to be
received by a city official without notifying the official, in writing, of the
truth.
   (b)   Failure to correct erroneous statement. A registrant who learns that a
statement contained in a registration form or activity report filed by the
registrant during the past three years is false shall correct that statement by
written notification to the city secretary within 30 days of learning of the
falsehood.
   (c)   Personal obligation of city officials. A person who lobbies or engages
another person to lobby, or any other person acting on behalf of such person,
shall not do any act, or refrain from doing any act, with the express purpose
and intent of placing any city official under personal obligation to such
lobbyist or person.
   (d)   Improper influence. A registrant shall not cause or influence the
introduction of any ordinance, resolution, appeal, application, petition,
nomination, or amendment for the purpose of thereafter being employed as a
lobbyist to secure its granting, denial, confirmation, rejection, passage, or
defeat.
   (e)   False appearances. A person who lobbies or engages another person to
lobby, or any other person acting on behalf of such person, shall not cause any
communication to be sent to a city official in the name of a fictitious person,
or in the name of any real person unless the real person consents.
   (f)   Prohibited representations. A person who lobbies or engages another
person to lobby, or any other person acting on behalf of such person, shall not
represent, either directly or indirectly, orally or in writing, that the person
can control or obtain the vote or action of any city official.
   (g)   Lobbying by bidders and proposers on city contracts and public subsidy
matters.
      (1)   Bidders and proposers on city contracts.
         (A)   A person responding to a request for bids or request for
proposals on a city contract shall not lobby a city council member regarding
the bid or request for proposal either directly or indirectly (through a
representative, employee, or agent) from the time the advertisement or public
notification of the request for bids or request for proposals is made until the
time the contract is awarded by the city council.
         (B)   A city council member shall not discuss a request for bids or a
request for proposals on a city contract either directly (with the person or
entity submitting the bid or proposal) or indirectly (with a lobbyist,
representative, employee, or agent of the person or entity submitting the bid
or proposal) from the time the advertisement or public notification of the
request for bids or request for proposals is made until the time the contract
is awarded by the city council. The department issuing the request for bids or
request for proposals shall forward to all city council members any protest
received and any response to that protest before city council considers
awarding that city contract.
      (2)   Public subsidy matters.
         (A)   A person applying for or requesting a public subsidy matter
shall not lobby a city council member either directly or indirectly (through a
representative, employee, or agent) from the time a complete application or
request is accepted until the applicant or requestor is notified that the
public subsidy matter will not be placed on a city council agenda or the public
subsidy matter is approved or denied by city council.
         (B)   A city council member shall not discuss an application or
request for a public subsidy matter either directly (with the person or entity
submitting the application or request) or indirectly (with a lobbyist,
representative, employee, or agent of the person or entity submitting the
application or request) from the time a complete application or request is
accepted until the applicant or requestor is notified that the public subsidy
matter will not be placed on a city council agenda or the public subsidy matter
is approved or denied by city council.
      (3)   City council meetings. This subsection does not prohibit a bidder
or proposer from speaking at the city council meeting where the award of the
contract is considered.
   (h)   Limits on gifts, benefits, and expenditures. A lobbyist shall not
confer gifts, benefits, and expenditures upon a city official exceeding a total
aggregate value of $300 per lobbyist, per calendar year. (Ord. Nos. 27748;
30391; 32072; 32472)
SEC. 12A-36.   IDENTIFICATION OF CLIENTS.
   (a)   Appearances. Each person who lobbies or engages another person to
lobby before the city council or before a city board or commission identified
in Section
12A-29 (1)(H) shall orally identify himself or herself and any client he or she
represents upon beginning an address. Each person who lobbies or engages
another person to lobby shall also disclose on appropriate sign-in sheets his
or her identity, the identity of the client he or she represents, and whether
he or she is registered as a lobbyist under this article.
   (b)   Oral lobbying contacts. Any person who makes an oral lobbying contact
with a city official shall, at the beginning of the lobbying contact, state
whether the person is registered under this article and identify each client on
whose behalf the lobbying contact is made.
   (c)   Written lobbying contacts. Any registrant who makes a written lobbying
contact (including an electronic communication) with a city official shall
identify each client on whose behalf the lobbying contact is made and identify
himself or herself as a registered lobbyist. (Ord. Nos. 27748; 30391; 32072;
32472)
SEC. 12A-37.   TIMELINESS OF FILING REGISTRATIONS, ACTIVITY REPORTS, AND NON-
REGISTRANT DISCLOSURE STATEMENTS.
   (a)   A registration, an activity report, or a non-registrant disclosure
statement filed by first-class United States mail or by common or contract
carrier is timely if:
      (1)   it is properly addressed with postage and handling charges prepaid;
      (2)   it bears a post office cancellation mark or a receipt mark from a
common or contract carrier indicating a time within the applicable filing
period or before the applicable filing deadline, or the person required to file
furnishes satisfactory proof that it was deposited in the mail or with a common
or contract carrier within that filing period or before that filing deadline;
and
      (3)   it was in fact received by the city secretary.
   (b)   A registration, an activity report, or a non-registrant disclosure
statement filed electronically is timely if it is time and date stamped as
having been received by the city's server by 5:00 p.m. on the last day
permitted for filing. (Ord. Nos. 27748; 32072; 32472)
SEC. 12A-38.   ADMINISTRATION.
   The city secretary shall:
      (1)   provide guidance and assistance on requirements for lobbyist
registration, activity reports, and non-registrant disclosure statements and
develop common standards, rules, and procedures for compliance with this
article;
      (2)   coordinate with the inspector general to review registrations,
activity reports, and non-registrant disclosure statements for completeness and
timeliness;
      (3)   maintain filing, coding, and cross-indexing systems to carry out
the purposes of this article, including:
         (A)   a publicly available list identifying all lobbyists and lobbying
firms registered with the city and their clients; and
         (B)   computerized systems designed to minimize the burden of filing
and maximize public access to materials filed under this article;
      (4)   on a quarterly basis, provide an updated list of all registered
lobbyists and lobbying firms, and their clients, to the inspector general, the
city council, the city manager, the city attorney, the city auditor, the
administrative municipal judge, all department heads, and all chairs of boards
and commissions identified in Section
12A-29(1)(H);
      (5)   make available for public inspection and copying at reasonable
times the registrations, activity reports, and non-registrant disclosure
statements filed under this article; and
      (6)   retain registrations, activity reports, and non-registrant
disclosure statements in accordance with the Local Government Records Act
(Title 6, Subtitle C, Texas Local Government Code, as amended). (Ord. Nos.
27748; 32072; 32472)
SEC. 12A-39.   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 criminal fine not to
exceed $500. (Ord. Nos. 27748; 32472)
ARTICLE VI.
REPORTING REQUIREMENTS.
SEC. 12A-40.   FINANCIAL DISCLOSURE REPORT.
   (a)   Who must file.
      (1)   Designated city officials and designated city employees. Before
initially accepting appointment or assuming the duties of office, and annually
thereafter, the following city officials and employees shall file with the city
secretary a complete, sworn financial disclosure report complying with
Subsection (b):
         (A)   City of Dallas appointed members to the following boards,
commissions, and committees:
            (i)   Board of adjustment and board of adjustment alternate
members.
            (ii)   Building inspection advisory, examining, and appeals board.
            (iii)   Business development corporation board.
            (iv)   City plan and zoning commission.
            (v)   Civil service board and civil service board adjunct members.
            (vi)   Community development commission.
            (vii)   Dallas Area Rapid Transit board.
            (viii)   Dallas-Fort Worth international airport board.
            (ix)   Ethics advisory commission.
            (x)   Fire code advisory and appeals board.
            (xi)   Housing finance corporation board.
            (xii)   Landmark commission and landmark commission alternate
members.
            (xiii)   Park and recreation board.
            (xiv)   Permit and license appeal board.
            (xv)   All reinvestment zone boards.
            (xvi)   All municipal management district boards.
         (B)   The first assistant city attorney.
         (C)   The inspector general.
         (D)   The city auditor and city secretary, and their first assistants.
         (E)   Assistant city managers and chiefs.
         (F)   Municipal judges.
         (G)   Chief financial officer.
      (2)   The mayor, city council members, the city attorney, the city
manager, and candidates for city council. The mayor, each city council member,
the city attorney, the city manager, and each candidate for a place on the city
council are required to file with the city secretary verified financial
statements complying with Chapter 145 of the Texas Local Government Code, as
amended.
   (b)   Contents of financial disclosure report.
      (1)   For purposes of this subsection:
         (A)   FAMILY MEMBER means a spouse, domestic partner, or dependent of
an official or employee required to file a financial disclosure report under
Subsection (a)(1).
         (B)   REPORTING PARTY means a city official or employee filing a
financial disclosure report as required under Subsection (a)(1).
      (2)   Each financial disclosure report must be on a form provided by the
Office of the Inspector General and must contain all of the following
information:
         (A)   Name of the reporting party.
         (B)   Name of each family member of the reporting party.
         (C)   Names under which the reporting party and his or her family
members do business.
         (D)   Names of the employers of the reporting party and his or her
family members.
         (E)   Identification of each source of income amounting to more than
$300 received in the preceding calendar year by the reporting party or a family
member.
         (F)   Identification of each business entity (including self-
employment in the form of a sole proprietorship under a personal or assumed
name) in which the reporting party or a family member has an investment of more
than $1,000 at the fair market value at the time of the financial disclosure
report, which investment must be described in the financial disclosure report.
         (G)   Identification of each non-profit entity or business entity in
which the reporting party or a family member is a partner, manager, director,
officer, or board member, or serves in any other policymaking position.
         (H)   Identification of any business entity that the reporting party
knows is a partner, parent, or subsidiary business entity of a business entity
owned, operated, or managed by the reporting party or a family member.
         (I)   Identification of any person or business entity from whom,
within the previous calendar year, the reporting party or his or her spouse or
domestic partner, directly or indirectly, has:
            (i)   received and not rejected an offer of employment; or
            (ii)   accepted an offer of employment that is binding or expected
by the parties to be carried out.
         (J)   Identification (by exact street address or, if no street address
is ascertainable, by lot-and-block description) of all real property located
within the State of Texas in which the reporting party or a family member has a
leasehold interest; a contractual right to purchase; or an interest as fee
simple owner, beneficial owner, partnership owner, joint owner with an
individual or corporation, or owner of more than 25 percent of a corporation
that has title to the real property. The following property is not required to
be disclosed:
            (i)   Property used as a personal residence of a peace officer.
            (ii)   Property over which the reporting party has no decision
power concerning acquisitions or sales.
            (iii)   Property held through a real estate investment trust,
mutual fund, or similar entity, unless the reporting party or a family member
participates in the management of the trust, fund, or entity.
         (K)   Identification of persons or entities to whom the reporting
party or a family member owes an unsecured debt of more than $5,000, but not
including debts for:
            (i)   money borrowed from a relative; or
            (ii)   revolving charge accounts.
         (L)   Identification of all persons or entities who owe the reporting
party or a family member an unsecured debt of more than $5,000, but not
including debts owed by relative.
         (M)   Identification of the source of each gift or accumulation of
gifts from one source of more than $300 in estimated fair market value received
by the reporting party or a family member, or received by a person for the use
or benefit of the reporting party or a family member, within the preceding
calendar year and the estimated fair market value of each gift. Quarterly
reports required under this article can be used to meet this requirement. This
requirement does not include:
            (i)   a gift received from a relative, if given on account of
kinship, or from a domestic partner, if given on account of personal
relationship;
            (ii)   a gift received by will, by intestate succession, or as
distribution from an inter vivos or testamentary trust established by a spouse,
domestic partner, or ancestor;
            (iii)   gifts received among and between fellow city officials and
city employees;
            (iv)   a lawful campaign or officeholder contribution reported as
required by Chapter 254 of the Texas Election Code; and
            (v)   admission to an event in which the reporting party is
participating in connection with official duties.
   (c)   Open records. A financial disclosure report is an open record subject
to the Texas Open Records Act and must be maintained in accordance with the
Local Government Records Act.
   (d)   Annual filing date. An annual financial disclosure report filed by an
official or employee who is required to report must be received by the city
secretary by 5:00 p.m. on April 30. When the deadline falls on a Saturday or
Sunday, or on an official city holiday as established by the city council, the
deadline for receipt by the city secretary is extended to 5:00 p.m. of the next
day that is not a Saturday, Sunday, or official city holiday. The inspector
general may for good cause grant an extension of time in which to file a report
upon written request submitted in advance of the deadline. The extension may
not exceed 15 days.
   (e)   Reporting periods. Each initial or annual financial disclosure report
filed by an individual designated in Subsection (a)(1) must disclose
information relating to the prior calendar year.
   (f)   City secretary.
      (1)   The city secretary shall:
         (A)   prior to January 15 of each year, notify all city officials and
employees designated in Subsection (a)(1) of their obligation to file financial
disclosure reports with the city secretary, and shall provide the officials and
employees with the appropriate forms to be completed;
         (B)   provide forms to all new city council appointees and advise them
of reporting requirements and deadlines;
         (C)   provide guidance and assistance on the reporting requirements
for persons required to file financial disclosure reports and develop common
standards, rules, and procedures for compliance with this article;
         (D)   Reserved.
         (E)   maintain filing, coding, and cross-indexing systems to carry out
the purpose of this article and maintain a publicly available list of all
persons required to file a financial disclosure report;
         (F)   make the reports filed under this article available for public
inspection and copying at reasonable times; and
         (G)   upon determining that a person who is required to file a
financial disclosure report has failed to do so timely or has filed incomplete
or unresponsive information:
            (i)   notify the person by certified mail that failure to file or
correct the filing within 15 days after the original deadline is a violation of
this chapter; and
            (ii)   publicly announce to the city council the names of those who
have not timely or completely filed a financial disclosure report and to whom
the notification is being sent.
      (2)   The failure of the city secretary to provide any notification
required by Subsection (f)(1) does not bar appropriate remedial action, but may
be considered on the issue of culpability.
   (g)   In addition to other remedies and penalties set forth in this chapter,
a violation of this section is punishable by a criminal fine not to exceed
$500. (Ord. Nos. 24316; 24485; 25236; 25906; 27819; 30391; 32072; 32472)
SEC. 12A-41.   SHORT FORM ANNUAL REPORT.
   A person who is required to file an annual financial disclosure report under
Section
12A-40(a)(1) may fulfill those filing obligations by submitting a short sworn
statement on a form provided by the inspector general to the city secretary. A
person is eligible to submit a short statement, if there have been no changes
in the information disclosed by that person in a complete financial disclosure
report filed within the past five years. The short statement must indicate the
date of the person's most recently filed complete financial disclosure report
and must state that there have been no changes in that information. The annual
filing date of the short form annual report is the same as that for the
financial disclosure report in Section
12A-40(d). (Ord. Nos. 24316; 25906; 32072; 32472)
SEC. 12A-42.   GIFT REPORTING.
   (a)   General.
      (1)   All city officials and employees must file a disclosure statement
on a quarterly basis, for all reportable gifts received in each three-month
period in a calendar year, subject to the reporting exceptions below. City
officials and employees required to file an annual Financial Disclosure Report,
under Section
12A-40, may use it as the first quarter's disclosure statement.
      (2)   All disclosure statements must be filed in an electronic format
with the city secretary. Disclosure statements must include the:
         (A)   date of the gift;
         (B)   identity of the person or entity giving the gift;
         (C)    name of the city official or employee receiving the gift;
         (D)   a description of the gift; and
         (E)   the estimated monetary value of the gift.
      (3)   City officials and employees are not required to report gifts with
a monetary value of less than $300, except that reporting is required for gifts
from a single source in a single year with a cumulative value of $300 or more,
excluding gifts of perishable food or beverages of an estimated value of $100
or less.
      (4)   City officials and employees are not required to report gifts from
a relative or person with whom the city official or employee has a personal,
professional, or business relationship, unless the gift is accepted in the city
official or employee's official capacity as described in Section
12A-2(25).
   (b)   Reporting of gifts over $300. The mayor, city council members, the
city attorney, the city manager, and city officials and employees required to
file a financial disclosure report under Section
12A-40 shall also report all gifts of $300 or more in the financial disclosure
report.
   (c)   Additional requirements for city officials in Section
12A-40(a). The mayor, city council members, the city attorney, the city
manager, and designated city officials listed in Section
12A-40(a) who have received no reportable gifts must file a quarterly gift
report acknowledging that no reportable gifts were received.
   (d)   Additional departmental reporting requirements. Employees must file
this disclosure statement in addition to any departmental requirements. (Ord.
Nos. 32072; 32472)
SEC. 12A-43.   DONATIONS.
   (a)   City officials, employees, and departments receiving a donation to the
city of money, real estate, products, or services shall report the donation to
the city secretary and the city manager or the city manager's designee on a
form to be provided by the city manager or the city manager's designee. The
report must include:
      (1)   the date of the donation;
      (2)   the identity of the person or business entity making the donation;
      (3)   the city official, employee, or department receiving the donation;
      (4)   a description of the donation;
      (5)   the estimated monetary value of the donation;
      (6)   the intended use of the donation; and
      (7)   the actual use and disposition of the donation.
Reports of all donations, subject to the exceptions below, received in each
three-month period in a calendar year, are required to be submitted to the city
secretary on a quarterly basis. The report must be filed with the city manager
or the city manager's designee within 30 days after receipt of the donation.
This report is required in addition to any other documentation required for the
donation.
   (b)   The individual or department that receives the donation is responsible
for reporting the donation.
   (c)   Reporting is not required for donations to the city of money, real
estate, products, or services with a monetary value of less than $1,000, except
that reporting is required for donations from a single source in a single year
with a cumulative value of $1,000 or more. (Ord. Nos. 32072; 32472)
SEC. 12A-44.    TRAVEL REPORTING REQUIREMENTS.
   (a)   Except as provided in Section
12A-12(b), any person who, in connection with his or her official duties,
accepts a trip or excursion to a location greater than 50 miles from the city
that involves the gratuitous provision of transportation, accommodations,
entertainment, meals, or refreshments paid for by a person or entity other than
a public agency, received in each three-month period in a calendar year
(quarterly), must file with the city secretary (except subordinates of the city
manager, who shall also file with the city manager) on a quarterly basis, a
disclosure statement identifying:
      (1)   the name of the sponsor of the trip or excursion;
      (2)   the name of the person or entity paying for the trip or excursion,
if different from the sponsor;
      (3)   the places to be visited; and
      (4)   the purpose and dates of the travel.
 
   (b)   Nothing in this section authorizes personnel reporting to the city
manager to violate policies and procedures established by the city manager
regarding travel request authorizations.
   (c)   All employees must file this disclosure statement in addition to any
departmental requirements. (Ord. Nos. 24316; 25906; 30391; 32072; 32472)
SEC. 12A-45.    VIOLATION OF REPORTING REQUIREMENTS.
   Failure to timely file a report required under this article is a violation
of this chapter, as is the filing of a report with incorrect, misleading, or
incomplete information. (Ord. Nos. 24316; 25906; 32072; 32472)
SEC. 12A-45.1.   REPORTING REQUIREMENTS CHART.
 
REPORT     WHO REPORTS                                                                    DUE DATE    SUBMITTED
                                                                                                      TO
                                                                                          Annual
                                                                                          Filing
                                                                                          Date: 5:00
                                                                                          p.m., April
                                                                                          30th.
                                                                                          * When the
                                                                                          deadline
                                                                                          falls on a
                                                                                          Saturday or
                                                                                          Sunday, or
                                                                                          on an
                                                                                          official
                                                                                          city
                                                                                          holiday as
                                                                                          established
           1.   City of Dallas appointed members to the following boards, commissions, by the city
           and committees:                                                                council,
              a.   Board of Adjustment and Board of Adjustment Alternate Members    the
              b.   Building Inspection Advisory, Examining, and Appeals Board       deadline
              c.   Business Development Corporation Board                           for receipt
              d.   City Plan and Zoning Commission                                  by the City
              e.   Civil Service Board and Civil Service Board Adjunct Members      Secretary
              f.   Community Development Commission                                 is extended
              g.   Dallas Area Rapid Transit Board                                  to 5:00
              h.   Dallas-Fort Worth International Airport Board                    p.m. of the
Financial     i.   Ethics Advisory Commission                                       next day
Disclosure    j.   Fire Code Advisory and Appeals Board                             that is not City
Report        k.   Housing Finance Corporation Board                                a Saturday, Secretary
Section       l.   Landmark Commission and Landmark Commission Alternate Members    Sunday, or
12A-40        m.   Park and Recreation Board                                        official
              n.   Permit and License Appeal Board                                  city
              o.   All Reinvestment Zone Boards                                     holiday.
              p.   All Municipal Management District Boards                         * The
           2.   First Assistant City Attorney                                          Inspector
           3.   Inspector General                                                      General may
           4.   City Auditor and City Secretary, and their First Assistants            for good
           5.   Assistant City Managers and Chiefs                                     cause grant
           6.   Municipal Judges                                                       an
           7.   Chief Financial Officer                                                extension
                                                                                          of time in
                                                                                          which to
                                                                                          file a
                                                                                          report upon
                                                                                          written
                                                                                          request
                                                                                          submitted
                                                                                          in advance
                                                                                          of the
                                                                                          deadline.
                                                                                          The
                                                                                          extension
                                                                                          may not
                                                                                          exceed 15
                                                                                          days.
                                                                                           
 
 
REPORT     WHO REPORTS                                       DUE DATE                                                                     SUBMITTED
                                                                                                                                          TO
                                                             Annual Filing Date for the Mayor, City Council Members, City Attorney, and
                                                             City Manager -
Financial                                                    5:00 p.m., April 30th
Statement                                                    Filing Date for Candidates for a Place on City Council, not later than the
Report     1.   Mayor                                     earlier of:
Texas      2.   City Council Members                      1.   The 20th day after deadline for filing an application for a place on
Local      3.   City Attorney                             the ballot of an election; or                                                City
Government 4.   City Manager                              2.   The fifth day before the date of the election.                       Secretary
Code       5.   Candidates for a Place on the City Council* When the deadline falls on a Saturday, Sunday, or an official national or
Chapter                                                     state holiday, the deadline for receipt by the City Secretary is extended to
145                                                          5:00 p.m. of the next day that is not a Saturday, Sunday, or an official
                                                            national or state holiday.
                                                             * The City Attorney or City Manager may request the City Secretary to grant
                                                             an extension of not more than 60 days for filing the statement.
           A person who is required to file an annual
Short Form financial disclosure report may fulfill those     Annual Filing Date: 5:00 p.m., April 30th.
Annual     filing obligations by submitting a short sworn    * When the deadline falls on a Saturday or Sunday, or on an official city    City
Report     statement if there have been no changes in the    holiday as established by the city council, the deadline for receipt by the  Secretary
Section    information disclosed by that person in a         City Secretary is extended to 5:00 p.m. of the next day that is not a
12A-41     complete financial disclosure report filed within Saturday, Sunday, or official city holiday.
           the past five years.
 
 
REPORT    WHO REPORTS                                                                     DUE DATE   SUBMITTED
                                                                                                     TO
          City officials and city employees who are not required to file an annual
          financial disclosure report:
          1.   Not required to report gifts with a monetary value of less than $300,
          except that reporting is required for gifts from a single source in a single
          year with a cumulative value of $300 or more, excluding gifts of perishable
          food or beverages of an estimated value of $100 or less.                        Disclosure
          2.   Must also follow departmental reporting requirements for gifts.         statement
          City officials and city employees who are required to file an annual financial  must be
          disclosure report:                                                              filed on a
          1.   Received gifts with a monetary value of $300 or more, excluding gifts ofquarterly
          perishable food or beverages of an estimated value of $100 or less.             basis, for
Gift      2.   May use the annual financial disclosure report as the first quarter's   all        City
Reporting disclosure statement.                                                           reportable Secretary
Section   3.   Must also follow departmental reporting requirements for gifts.         gifts      (electronic
12A-42    The Mayor, City Council Members, City Attorney, City Manager, and City          received   format)
          Officials and Employees under Section                                           in each
          12A-40(a) are required to report:                                               three-
          1.   Gifts of $300 or more in the financial disclosure report in addition to month
          the quarterly report.                                                           period in
          2.   If no reportable gifts were received, must file a quarterly gift report a calendar
          acknowledging that no reportable gifts were received.                           year.
          No one is required to report gifts from a relative or person with whom the city  
          official or employee has a personal, professional, or business relationship,
          unless the gift is accepted in the city official or employee's official
          capacity.
          *See Section
          12A-12(b) for gifts that are not considered reportable gifts.
 
 
REPORT    WHO REPORTS                                                                DUE DATE  SUBMITTED
                                                                                               TO
                                                                                     Donations
                                                                                     must be
                                                                                     reported
                                                                                     to the
                                                                                     city
                                                                                     secretary
                                                                                     on a
                                                                                     quarterly
                                                                                     basis,
                                                                                     received
                                                                                     in each
          City Officials, city employees, and city departments:                      three-    City
          1.   Reporting is not required for donations to the city of money, real month     Manager
Donations estate, products, or services with a monetary value of less than $1,000,   period in (within 30
Section   except that reporting is required for donations from a single source in a  a         days of
12A-43    single year with a cumulative value of $1,000 or more.                     calendar  receipt of
          2.   The donation report must be filed in addition to any other         year.     the
          documentation required for the donation.                                   Donations donation)
                                                                                     must be
                                                                                     reported
                                                                                     to the
                                                                                     city
                                                                                     manager
                                                                                     within 30
                                                                                     days
                                                                                     after
                                                                                     receipt
                                                                                     of the
                                                                                     donation.
                                                                                     Travel
                                                                                     must be   City
                                                                                     reported  Secretary
                                                                                     on a      Subordinate
Travel    Any person who, in connection with his or her official duties, accepts a   quarterly s of the
Reporting trip or excursion to a location greater than 50 miles from the city that   basis in  City
Section   involves the gratuitous provision of transportation, accommodations,       each      Manager
12A-44    entertainment, meals, or refreshments paid for by a person or entity other three-    shall also
          than a public agency.                                                      month     file with
                                                                                     period in the City
                                                                                     a         Manager.
                                                                                     calendar
                                                                                     year.
 
(Ord. 32472)
ARTICLE VII.
LEGAL COUNSEL.
SEC. 12A-46.   CITY ATTORNEY'S OFFICE.
   (a)   The city attorney's office shall act as the legal counsel to the
ethics advisory commission.
   (b)   If the ethics advisory commission determines that a person has
violated this chapter, the city council may direct the city attorney to
initiate whatever legal action is necessary, including but not limited to
injunctive relief. (Ord. Nos. 32072; 32472)
SEC. 12A-47.   DIVISION OF THE INSPECTOR GENERAL.
   (a)   Powers and duties. Supervised by the city attorney to lead the
Division of the Inspector General in the City Attorney's Office, the inspector
general serves as an independent investigative authority in regard to ethics
and official misconduct. The inspector general has the following powers and
duties:
      (1)   Seek out and initiate investigations into misconduct involving
ethics, fraud, waste, abuse, and corruption of city officials, city employees,
and persons doing business with the city.
      (2)   Receive and investigate complaints and anonymous tips alleging:
         (A)   violations of the laws, ordinances, and rules in Section
12A-50(a)(2); and
         (B)   fraud, waste, abuse, and corruption within the city.
      (3)   Submit quarterly reports to the ethics advisory commission, the
city council, the city auditor, and the city manager detailing the findings of
investigations completed by the inspector general.
      (4)   Prosecute alleged or suspected violations of the laws, ordinances,
and rules in Section
12A-50(a)(2) before the ethics advisory commission and recommend appropriate
disciplinary action.
      (5)   Issue subpoenas in accordance with Paragraph (b)(2).
      (6)   Make recommendations to the ethics advisory commission that
complainants are vexatious and recommend appropriate sanctions for vexatious
complainants.
      (7)   Issue advisory opinions to city officials and city employees in
accordance with Subsection (d).
      (8)   Supervise a chief integrity officer to administer and manage the
Integrity Officer Program.
      (9)   Investigate and enforce claims of retaliation in violation of this
chapter.
   (b)   Investigations.
      (1)   Except as provided in this subsection, the inspector general has
broad authority to initiate investigations, either as the result of a tip
received, or upon observing suspicious conduct or documentation. Investigations
initiated by the inspector general shall be treated as complaints received by
the inspector general, following the same complaint process in Section
12A-52.
      (2)   For the purpose of conducting investigations authorized by this
chapter, the inspector general shall subpoena witnesses and compel the
production of books, papers, and other evidence material in the same manner as
is prescribed by the laws of this state for compelling the attendance of
witnesses and production of evidence in the corporation court. A person
receiving a subpoena in accordance with this section may, before the return
date specified in the subpoena, petition the corporation court for a motion to
modify or quash the subpoena. Refusal to appear or to produce any document or
other evidence after receiving a subpoena pursuant to this paragraph is a
violation of this chapter subject to sanctions as described in Section
2-9 of the Dallas City Code.
      (3)   The inspector general shall not commence or continue an
investigation involving alleged conduct that is the subject of pending civil or
criminal litigation, and shall instead postpone such investigation pending:
         (A)   the conclusion of any claim or civil litigation involving the
alleged conduct; and
         (B)   if grand jury proceedings are anticipated, the conclusion of all
grand jury proceedings relating to the alleged conduct.
   (c)   Quarterly reports. The inspector general shall submit quarterly
reports to the ethics advisory commission, the city council, the city auditor,
and the city manager detailing the findings and conclusions of all completed
investigations, whether initiated by the inspector general or initiated as a
result of a formal complaint or anonymous tip. The report shall summarize all
completed investigations, including dismissals, approved settlement agreements,
and the disposition of prosecutions. For investigations that have been
dismissed, the reports shall not include the names of complainants or of
persons investigated by the inspector general.
   (d)   Advisory opinions.
      (1)   Confidential advisory opinions.
         (A)   Issuance. By written request to the chief integrity officer or
city attorney, any city official or employee may request a confidential
advisory opinion regarding whether his or her own proposed actions or conduct
would violate this chapter. The attorney assigned to draft the advisory opinion
shall make all reasonable efforts to issue the advisory opinion within 10
business days after receipt of the request. The city attorney, for good cause
shown, may decline to issue the opinion.
         (B)   Reliance. A person who reasonably and in good faith acts in
accordance with a confidential advisory opinion may not be found to have
violated this chapter by engaging in conduct approved in the opinion, if:
            (i)   the person requested the issuance of the opinion;
            (ii)   the request for an opinion fairly and accurately disclosed
all relevant facts necessary to render the opinion; and
            (iii)   the person waives the attorney-client privilege with
respect to the written advisory opinion.
         (C)   Pending confidential advisory opinions. Whenever a confidential
advisory opinion has been requested regarding the proposed actions or conduct
of a city official or employee, no action may be taken by the ethics advisory
commission or inspector general regarding those particular actions or conduct
until the city attorney or chief integrity officer issues the confidential
advisory opinion. Any time limits that the inspector general is required to
follow in processing an ethics complaint regarding those particular actions or
conduct will be extended to allow for the city attorney or chief integrity
officer to issue the advisory opinion.
      (2)   General advisory opinions.
         (A)   Publishing. The inspector general, chief integrity officer, or
city attorney may publish written general advisory opinions to serve as
guidance to city officials and employees.
         (B)   Reliance. A person who reasonably and in good faith acts in
accordance with a general advisory opinion published by the inspector general,
chief integrity officer, or city attorney may not be found to have violated
this chapter.
   (e)   Integrity Officer Program.
      (1)   Purpose.
         (A)   The Integrity Officer Program provides support to city
departments and offices by ensuring that city employees and persons doing
business with the city comply with the Code of Ethics and adhere to all ethical
standards and reporting requirements.
         (B)   The city manager, city secretary, and city auditor shall
designate a liaison to assist the chief integrity officer with ethics training
and the Chief Integrity Program.
      (2)   Chief integrity officer. The inspector general shall supervise a
chief integrity officer to coordinate with city departments and offices to
provide training related to integrity, transparency, and accountability within
city government. The duties of the chief integrity officer shall include, but
not be limited to, the following:
         (A)   Administer and manage the Integrity Officer Program under the
supervision of the inspector general.
         (B)   Develop and implement training programs and other communication
with city officials, city employees, and persons doing business with the city
that reinforce ethical conduct and the requirements of the code of ethics.
         (C)   Assist the city attorney, inspector general, ethics advisory
commission, and city manager on matters of ethics, including proposing
amendments to the Code of Ethics and drafting confidential and general advisory
opinions.
         (D)   Notify all city departments and offices of any significant
amendments to the Code of Ethics.
         (E)   Annually distribute a plain-language guide to the Code of Ethics
to all city officials, employees, and registered lobbyists.
         (F)   Assist the inspector general in the enforcement of the Code of
Ethics.
         (G)   Promote a culture of ethics within the city. (Ord. Nos. 32072;
32472)
SEC. 12A-48.   OUTSIDE LEGAL COUNSEL.
   (a)   Ethics advisory commission. An independent outside attorney, who does
not otherwise represent the city, a city official, or an employee in his or her
official capacity, may be appointed by the city council, at the recommendation
of the city attorney, to serve as legal counsel to the ethics advisory
commission for a particular case whenever:
      (1)   a complaint is filed relating to:
         (A)   an alleged violation of this chapter by a city council member;
or
         (B)   an alleged violation of this chapter by a city employee who is a
department director or of higher rank;
      (2)   the ethics advisory commission requests such an appointment; or
      (3)   the city attorney requests such an appointment for good cause
shown.
   (b)   City official or employee charged in a complaint.
      (1)   Once an information is filed by the inspector general with the
ethics advisory commission, a city official or employee named as the respondent
in the information may retain an independent outside attorney, who does not
otherwise represent the city, a city official, or an employee in his or her
official capacity, approved by the city attorney to serve as the person's legal
counsel for a particular case.
      (2)   If a city official or employee charged in a complaint retains an
independent outside attorney from an approved list provided by the city
attorney, the city will pay the reasonable and necessary fees not to exceed the
median hourly rate from the most recent State Bar of Texas salary survey for
the Dallas- Fort Worth-Arlington metropolitan statistical area, as well as the
reasonable costs of that attorney from the time the inspector general files the
complaint with the ethics advisory commission through the conclusion of the
evidentiary hearing. The ethics advisory commission shall review the invoice
submitted by outside council and determine whether the fees and costs are
reasonable and necessary in accordance with this paragraph.
      (3)   If the ethics advisory commission finds that the city official or
employee committed a violation of this chapter, the city official or employee
shall reimburse the city for the fees and expenses of an attorney retained
under Paragraph (2).
   (c)   Complaints filed against employees within the Division of the
Inspector General. If a complaint is filed against the inspector general or any
employee within the Division of the Inspector General, the city attorney shall
retain an independent outside attorney, who does not otherwise represent the
city, a city official, or the inspector general in his or her official capacity
to investigate the complaint to its conclusion in accordance with Article IX.
(Ord. Nos. 32072; 32472)
ARTICLE VIII.
ETHICS ADVISORY COMMISSION - CREATION; COMPOSITION, TERMS, AND QUALIFICATIONS.
SEC. 12A-49.   ETHICS ADVISORY COMMISSION - CREATION; COMPOSITION, TERMS, AND
QUALIFICATIONS.
   (a)   Creation and composition. There is hereby created the ethics advisory
commission, to be composed of 15 members appointed by the city council as a
whole. The mayor shall appoint the chair, and the full city council shall
appoint two vice-chairs. Regular meetings of the commission shall be attended
by a quorum of the entire 15-member commission.
   (b)   Evidentiary hearing panels.
      (1)   Once an information has been submitted to the commission for an
evidentiary hearing, the city secretary shall select hearing panel members on a
random basis, subject to availability, to hear and adjudicate the information.
The panel chair shall meet a special qualification requirement and shall act as
the presiding officer of the panel. Hearing panels must include at least one
other member meeting the special qualifications requirements. Only one panel
may hear and adjudicate a particular ethics complaint. If a case is withdrawn
and subsequently refiled, it must be returned to the panel to which it was
originally assigned.
      (2)   The city secretary shall randomly assign commissioners to
evidentiary hearing panels, except that:
         (A)   an information in which the complainant or respondent is a city
council member shall not be heard or adjudicated by a panel whose membership
includes the commissioner nominated by that city council member; and
         (B)   the city secretary shall make reasonable efforts to select
commissioners who did not sit on the most recent evidentiary hearing panel.
      (3)   To the greatest extent practicable, the panels must reflect the
geographic and ethnic diversity of the city.
   (c)   Terms of office. Each member of the commission shall be appointed for
a two-year term beginning on October 1 of each odd-numbered year. All members
shall serve until their successors are appointed and qualified.
   (d)   Qualifications.
      (1)   Except as provided in this article, each member of the ethics
advisory commission shall meet the requirements of
Chapter 8 of the city code. Additionally, at least six members of the ethics
advisory commission must meet a minimum of one of the following special
qualifications:
         (A)   Possess a juris doctorate degree from an institution accredited
by the American Bar Association.
         (B)   Formerly served as a Justice of the Peace.
         (C)   Currently or formerly employed as a professor or instructor at
an institution of higher learning in the following disciplines:
            (i)   Ethics.
            (ii)    Criminal justice.
         (D)   Currently or formerly employed as an ethics officer, or similar
position, in a public or private organization, aligning the practices of that
organization with the stated ethical standards of the organization or enforcing
the ethical standards or codes of the organization.
      (2)   At least two members meeting the special qualifications must be
assigned to each five-member panel.
      (3)   No member of the commission may be:
         (A)   serving as a city official in another capacity or the relative
of a person serving as a city official in another capacity;
         (B)   a city employee or the relative of a city employee;
         (C)   an elected public official;
         (D)   a candidate for elected public office;
         (E)   a person who, for compensation, represents the private interests
of others before the city council;
         (F)   a paid campaign worker or a political consultant of a current
city council member; or
         (G)   a current or former member of a bar association who has had his
or her law license suspended or revoked. (Ord. Nos. 24316; 29645; 32072; 32472)
SEC. 12A-50.   JURISDICTION AND POWERS.
   (a)   Jurisdiction.
      (1)   The ethics advisory commission shall have jurisdiction to review
and make findings concerning any alleged violation of the laws, ordinances, and
rules listed in Paragraph (2) by any person subject to those laws, ordinances,
or rules, including but not limited to current city officials and employees,
former city officials and employees, and persons doing business with the city.
      (2)   The ethics advisory commission may consider violations of the
following laws, ordinances, and rules:
         (A)   Section
8-22, "Board Members," of
Article V, "Code of Conduct," of
Chapter 8, "Boards and Commissions," of the Dallas City Code;
         (B)   
Chapter 12A, "Code of Ethics," of the Dallas City Code;
         (C)   
Chapter 15A, "Elections," of the Dallas City Code, except to the extent that
Chapter 15A is administered and enforced by the Texas Ethics Commission;
         (D)   the second sentence of
Chapter XVI, Section 16(a) of the city charter, which reads "No officer or
employee of the city shall directly or indirectly, in any way be required to
contribute to any political campaign, political party, organization which
supports candidates for public office, or for any partisan political purpose
whatsoever";
         (E)   Chapter
XXII, Section 11, "Financial Interest of Employee or Officer Prohibited," of
the city charter;
         (F)   Chapter
XXIV, Section 1, "No Officer or Employee to Accept Gift, Etc., From Public
Utility," of the city charter;
         (G)   
Chapter IV, Section 5(b)(5), "Districts and Redistricting," of the city
charter;
         (H)   Texas Local Government Code Chapter 145, "Financial Disclosure
by and Standards of Conduct for Local Government Officers," as amended;
         (I)   Texas Local Government Code Chapter 171, "Regulation of
Conflicts of Interest of Officers of Municipalities, Counties, and Certain
Other Local Governments," as amended;
         (J)   Texas Local Government Code Chapter 176, "Disclosure of Certain
Relationships with Local Government Officers; Providing Public Access to
Certain Information," as amended;
         (K)   Section 212.017, "Conflict of Interest; Penalty," of Texas Local
Government Code Chapter 212, "Municipal Regulation of Subdivisions and Property
Development," as amended;
         (L)   conflicts of interest and gift regulations applicable to local
government recipients of federal grants, including Subsection (c) of Section
200.318 of Title 2 of the Code of Federal Regulations, as amended; and
         (M)   any other city rule or city code or city charter provision
pertaining to the ethical conduct of city officials or employees.
   (b)   Statute of limitations. The commission may not consider any alleged or
suspected violation that occurred more than one year before the date of the
filing of a complaint or more than one year before the initiation of an
investigation by the inspector general. The inspector general shall not accept,
process, or investigate any complaint that is filed more than one year after
the date of the alleged or suspected violation. This statute of limitations is
tolled during any time an investigation is halted due to ongoing criminal or
civil litigation in accordance with Section
12A-47 (b)(3).
   (c)   Termination of city official's or employee's duties. The termination
of a city official's or employee's duties does not affect the jurisdiction of
the ethics advisory commission with respect to alleged violations occurring
prior to the termination of the official's or employee's official duties.
   (d)   Powers. The ethics advisory commission has only the following powers:
      (1)   To establish, amend, and rescind rules and procedures governing its
own internal organization and operations in a manner and form consistent with
this article.
      (2)   To meet as often as necessary to fulfill its responsibilities.
      (3)   To request from the city manager through the city council the
appointment of such staff as is necessary to carry out the duties of the
commission.
      (4)   To review and dispose of informations brought by the inspector
general.
      (5)   To make findings of fact as necessary for the disposition of an
information.
      (6)   To approve, reject, or modify settlement agreements between the
inspector general and respondents.
      (7)   To review invoices submitted by outside council and determine
whether the legal fees and costs are reasonable and necessary in accordance
with Section
12A-48(b).
      (8)   To make notifications and extend deadlines within the jurisdiction
of the ethics advisory commission.
      (9)   To advise and make recommendations to the city council concerning
the city's ethics code and ethics policies.
      (10)   To make determinations that complainants are vexatious, make
findings of facts, and sanction persons who are deemed vexatious complainants.
      (11)   Such other powers as are specifically granted in this chapter or
by the city council.
   (e)   Subpoenas.
      (1)   The ethics advisory commission has the power to issue subpoenas in
accordance with Section
2-8 to compel the attendance of witnesses and the production of testimony and
evidence.
      (2)   At least 14 working days before the hearing, each party may file
with the city secretary a request for subpoena of witnesses and documents, in
accordance with this subsection:
         (A)   The request for subpoena of witnesses and documents must
include:
            (i)   the name and address of each witness to be subpoenaed;
            (ii)   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)   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 city 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.
         (D)   The city secretary shall forward the written objections and the
response to the objections, if any, to the ethics advisory commission panel
chair for resolution. If the panel chair is unavailable, the objections must be
ruled upon by his or her designee, who shall be a member of the hearing panel.
         (E)   Each party shall organize and number the responsive information
("the released documents") before turning it over to the city secretary. The
released documents must be provided within an amount of time determined by the
panel chair or, if no objections are filed, in an amount of time determined by
the city secretary. The city 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.
         (F)   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 city
secretary shall maintain one complete copy of the released documents, to allow
the panel chair to fully assess and rule on any objections to the completeness
of compliance with the subpoena.
         (G)   The city secretary shall forward the objections and any response
to the objections to the panel chair for resolution. If the panel chair is
unavailable, the objections will be ruled upon by his or her designee, who
shall be a member of the hearing panel.
         (H)   Decisions rendered by the panel chair (or his or her designee,
if applicable) regarding subpoenas or responsive information are final and are
not subject to further appeal.
         (I)   After all decisions have been rendered by the panel chair
regarding the scope of documents to be released pursuant to a subpoena, the
city 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.
      (3)   Refusal to appear or to produce any document or other evidence
after receiving a subpoena pursuant to this section is a violation of this
chapter subject to sanctions as described in Section
2-9 of the Dallas City Code. (Ord. Nos. 24316; 29660; 30391; 32072; 32472)
SEC. 12A-51.   ANNUAL REPORT.
   The ethics advisory commission shall prepare and submit an annual report to
the city council detailing the activities of the commission during the prior
year. The format for the report must be designed to maximize public and private
understanding of the commission's operations. The report may recommend changes
to the text or administration of this chapter. The city secretary shall take
reasonable steps to ensure wide dissemination and availability of the annual
report of the ethics advisory commission. (Ord. Nos. 32072; 32472)
ARTICLE IX.
ETHICS COMPLAINTS, INVESTIGATIONS, AND EVIDENTIARY HEARINGS.
SEC. 12A-52.   ETHICS COMPLAINTS AND INVESTIGATIONS.
   (a)   Filing a complaint. Any person may file a complaint with the inspector
general on a form provided by the inspector general, if the complainant, either
at the time the alleged violation of this chapter occurred or at the time the
complaint is submitted, is a resident of the city, a person doing business or
attempting to do business with the city, or a city official or employee, and
the complainant believes there has been a violation of this chapter. The
inspector general will receive and investigate all complaints. To the greatest
extent possible, the complaint should contain the following information and
items:
      (1)   The name, address, email address, and telephone number of the
complainant.
      (2)   The name, address (if known), email address (if known), and
telephone number (if known) of each person who allegedly committed the
violation (the respondent(s)).
      (3)   A statement of the facts on which the complaint is based, including
the exact date or dates of the alleged violation.
      (4)   Identification of the ethics laws, ordinances, and rules allegedly
violated, using either a citation to the applicable section or a description
containing substantially the same language as the ethics laws, ordinances, and
rules (if known).
      (5)   Copies of the documents or other evidence, if any, referenced in
the complaint or in the complainant's possession that support the complaint
attached to the complaint. If a complainant submits evidence in an electronic,
mechanical, or other format that the inspector general cannot duplicate or
display, the inspector general shall request that the complainant provide the
evidence in a format that the office can duplicate or display.
      (6)   The names, addresses, email addresses, and telephone numbers (if
known) of witnesses, if any, that can offer testimony in support of the
complaint.
      (7)   Other sources of evidence, if any, that the complainant recommends
should be considered by the inspector general.
      (8)   An affidavit in which the complainant swears or affirms, under the
penalty of perjury, that:
         (A)   the complaint states a violation of this chapter;
         (B)   the complaint is not being presented for any improper purpose,
such as to harass, cause unnecessary delays, or needlessly increase the cost of
defense to the person charged in the complaint; and
         (C)   either:
            (i)   all information submitted in and with the complaint is true
and correct; or
            (ii)   to the best of the complainant's knowledge, the factual
contentions in the complaint are supported by credible evidence submitted in
and with the complaint.
   (b)   Investigations and findings by the inspector general.
      (1)   Investigations. The inspector general shall initiate an
investigation to determine if a credible allegation exists to move the
complaint to the ethics advisory commission for an evidentiary hearing. During
the investigation, the inspector general may interview witnesses and gather and
inspect documents and other evidence relevant to the allegations.
      (2)   Dismissals. The inspector general shall dismiss complaints where
the evidence does not substantiate a credible allegation.
      (3)   Recommendations of settlement agreements.
         (A)   Except as provided in this paragraph, if a settlement agreement
is reached between the inspector general and the respondent, the inspector
general's report shall include a recommendation that the complaint be settled
according to the terms negotiated with and approved by the respondent. The
settlement agreement must include the agreed-upon final sanction, if any. The
inspector general shall brief the ethics advisory commission on the settlement
agreement at the commission's next regular meeting. The ethics advisory
commission may reject or modify the settlement agreement by a 3/4 vote of the
commission or approve the settlement agreement by a simple majority vote at the
commission's next regular meeting. If the settlement is not modified or
rejected at the commission's next regular meeting, the settlement is deemed
approved. If the settlement agreement is rejected by the ethics advisory
commission or modified in a way not approved by the respondent, the information
shall be scheduled for an evidentiary hearing in accordance with Paragraph (4).
         (B)   This paragraph does not apply to current city employees as the
disciplinary process is governed by personnel rules, regulations, and
procedures.
      (4)   Prosecution. If the inspector general finds that there exists a
credible allegation that a violation occurred and a settlement agreement has
not been reached, the inspector general shall file an information with the
ethics advisory commission. Once the commission receives the information, the
city secretary's office shall select a panel of the commission and schedule the
evidentiary hearing. The inspector general shall prosecute the complaint before
the panel in accordance with Section
12A-53 .
   (c)   Notification to respondent. Once the inspector general completes an
investigation and finds that the complaint is substantiated, the inspector
general shall promptly forward a copy of the complaint to the respondent. The
inspector general shall notify the respondent of the opportunity to attend a
settlement conference.
   (d)   Confidentiality of complaints and investigations.
      (1)   No city official or employee shall reveal information relating to a
complaint or investigation until it has been made public by the inspector
general, except as required for the performance of official duties or as
required by law.
      (2)   Ex parte communications by or to members of the ethics advisory
commission are prohibited by Section
12A-53 (b) of this chapter.
      (3)   All papers and communications relating to a complaint or
investigation are confidential unless required to be made public under the
Public Information Act (Chapter 552, Texas Government Code) or other applicable
law.
   (e)   Compliance with investigations. City officials and employees shall
cooperate with inspector general investigations.
   (f)   False accusations and responses. The inspector general shall, in
writing, advise all witnesses interviewed during an ethics investigation that
falsely accusing someone of a violation of this chapter may result in criminal
prosecution of anyone who knowingly makes a false accusation. The inspector
general shall, in writing, advise the person charged in the complaint that
falsely responding to a complaint may result in criminal prosecution of anyone
who knowingly makes a false response. (Ord. Nos. 24316; 25236; 29660; 29770;
30391; 32072; 32472)
SEC. 12A-53.   HEARING PROCEDURES.
   (a)   Rules of procedure. Evidentiary hearings must be conducted in
accordance with this section and the rules of procedure adopted by the ethics
advisory commission.
   (b)   Ex parte communications. It is a violation of this chapter for:
      (1)   the complainant, a witness, the respondent, the inspector general,
or any person acting on their behalf to engage or attempt to engage, directly
or indirectly, in any ex parte communication about the subject matter of a
complaint or information with a member of the ethics advisory commission; or
      (2)   a member of the ethics advisory commission to:
         (A)   knowingly entertain an ex parte communication prohibited by
Subsection (b)(1); or
         (B)   knowingly communicate, directly or indirectly, with any person,
other than a member of the commission, its staff, or its legal counsel, about
any issue of fact or law relating to the complaint or information.
   (c)   Burden of proof. A determination that a violation of this chapter has
occurred can be made only upon a concurring vote of at least 3/4 of the members
of a panel. A finding that a violation occurred must be supported by a
preponderance of the evidence.
   (d)   Procedural rules. A quorum of four commission panel members must be
present for a hearing. Any member of the commission who is not present at a
hearing where testimony is given on a complaint may not participate in any
discussion, voting, or disposition regarding the complaint. All witnesses must
be sworn before any testimony is presented to the panel. The panel is not bound
by the rules of evidence and may establish time limits and other rules relating
to the participation of any person in the hearing, subject to Subsections (e),
(f), and (g).
   (e)   Role of the inspector general. In prosecuting the complaint, the
inspector general may make a statement and present and cross-examine witnesses.
   (f)   Rights of the respondent. The respondent has the right to attend the
hearing, the right to make a
statement, the right to present and cross-examine witnesses, and the right to
represent themselves or be represented by legal counsel or another advisor. If
the respondent does not attend the hearing to provide a defense, the hearing
panel may proceed with the hearing to final determination.
   (g)   Rights of the complainant. The complainant has the right to attend the
hearing. (Ord. Nos. 24316; 29660; 30391; 32072; 32472)
SEC. 12A-54.   DISPOSITION OF COMPLAINT.
   (a)   Written decision. The ethics advisory commission panel shall make all
reasonable efforts to issue a written decision within 20 days after the
conclusion of an evidentiary hearing. The commission shall state its findings
in the written decision. The written decision must either:
      (1)   dismiss the complaint, with the grounds for dismissal set forth in
the decision; or
      (2)   find that there has been a violation of this chapter and identify
in the decision the particular provision or provisions violated.
   (b)   Notification. Within 10 days after issuing a written decision, the
ethics advisory commission panel shall forward copies of the written decision
to the respondent, the city attorney, the city council, the inspector general,
the person or body to whom the particular complaint must be referred for
sanctions, and any member of the ethics advisory commission who did not
participate in the disposition of the complaint. A copy of the findings and
decision must also be forwarded to the city secretary, who shall make it
available to the public as authorized by law.
   (c)   Similar charges barred. If the complaint is dismissed by a panel of
the ethics advisory commission because the evidence failed to establish a
violation of this chapter, the ethics advisory commission shall not
entertain any other similar complaint based on substantially the same evidence.
(Ord. Nos. 24316; 25236; 29660; 32072; 32472)
ARTICLE X.
ENFORCEMENT, CULPABLE MENTAL STATE, AND PENALTIES.
SEC. 12A-55.   GENERAL.
   The remedies contained in this article are available whenever the ethics
advisory commission finds a violation or violations of this chapter. (Ord. Nos.
24316; 32072; 32472)
SEC. 12A-56.   VIOLATIONS; PENALTY.
   A person who violates any of the laws, ordinances, and rules listed in
Section
12A-50(a)(2), or who fails to perform an act required of the person by any of
the laws, ordinances, and rules listed in Section
12A-50(a)(2), commits a violation of this chapter. (Ord. Nos. 30391; 32072;
32472)
SEC. 12A-57.   CULPABLE MENTAL STATE.
   To commit a violation under any provision of this chapter, a person must
have acted or failed to act knowingly or with knowledge. (Ord. Nos. 24316;
32072; 32472)
SEC. 12A-58.   DISCIPLINARY ACTION.
   (a)   An employee who fails to comply with this chapter or who violates this
chapter may be disciplined in accordance with city personnel rules and
procedures.
   (b)   If a city council member fails to comply with this chapter or violates
this chapter, the sanction must be decided by the city council in accordance
with the city charter.
   (c)   If a member of a board or commission fails to comply with this chapter
or violates this chapter, the sanction must be decided by the city council in
accordance with the city charter.
   (d)   If the civil service director, the park and recreation director, or
the employees' retirement fund administrator fails to comply with this chapter
or violates this chapter, they may be disciplined in accordance with the
personnel rules and the sanction must be decided by their respective boards.
   (e)   If the city manager, city attorney, city auditor, city secretary, or a
municipal judge fails to comply with this chapter or violates this chapter,
they may be disciplined in accordance with the personnel rules and the sanction
must be decided by the city council.
   (f)   If a former city official or former city employee fails to comply with
this chapter or violates this chapter, the sanction must be decided by the city
council.
   (g)   If a person who is not a current or former city official or a current
or former city employee fails to comply with this chapter or violates this
chapter, the sanction must be decided by city council.
   (h)   Settlement agreements approved by the ethics advisory commission must
include the final sanction, if any. (Ord. Nos. 24316; 30391; 32072; 32472)
SEC. 12A-59.   SANCTIONS.
   (a)   In determining sanctions based on a recommendation of the ethics
advisory commission, the person or entity imposing the sanction shall take into
consideration the recommendation of the ethics advisory commission and the
following factors:
      (1)   The culpability of the person charged.
      (2)   The harm to public or private interests resulting from the
violation.
      (3)   The necessity of preserving public trust in the city.
      (4)   Whether there is evidence of a pattern of disregard for ethical
standards.
      (5)   Whether remedial action has been taken that will mitigate the
adverse effects of the violation.
   (b)   For current city employees, the sanctioning person shall take
appropriate action in accordance with the personnel rules, and may impose any
of the following additional sanctions:
      (1)   Referral to ethics training. The sanctioning person may require a
city employee to attend ethics training. When recommending a referral to ethics
training, the ethics advisory commission shall include in the recommendation
the manner and quantity of training based on the type and severity of the
violation.
      (2)   Referral for damages or injunction. The sanctioning person may
refer the violation to the city attorney for an action to recover damages to
the city or to enjoin prohibited actions.
      (3)   Referral for criminal prosecution. The sanctioning person may refer
the violation to the Dallas Police Department, if the sanctioning person finds
that the violation warrants criminal prosecution.
   (c)   For the civil service director, the park and recreation director, or
the employees' retirement fund administrator, the sanctioning entity shall take
appropriate action in accordance with the personnel rules, and may impose any
of the following additional sanctions:
      (1)   Referral to ethics training. The sanctioning entity may require the
person to attend ethics training. When recommending a referral to ethics
training, the ethics advisory commission shall include in the recommendation
the manner and quantity of training based on the type and severity of the
violation.
      (2)   Referral for damages or injunction. The sanctioning entity may
refer the violation to the city attorney for an action to recover damages to
the city or to enjoin prohibited actions.
      (3)   Referral for criminal prosecution. The sanctioning entity may refer
the violation to the Dallas Police Department, if the sanctioning entity finds
that the violation warrants criminal prosecution.
   (d)   For the city manager, city attorney, city auditor, city secretary, or
a municipal judge, the city council shall take appropriate action in accordance
with the personnel rules, and may impose any of the following additional
sanctions:
      (1)   Referral to ethics training. The city council may require the
person to attend ethics training. When recommending a referral to ethics
training, the ethics advisory commission shall include in the recommendation
the manner and quantity of training based on the type and severity of the
violation.
      (2)   Referral for damages or injunction. The city council may refer the
violation to the city attorney for an action to recover damages to the city or
to enjoin prohibited actions.
      (3)   Referral for criminal prosecution. The city council may refer the
violation to the Dallas Police Department, if the city council finds that the
violation warrants criminal prosecution.
   (e)   For a city council member, a board or commission member, a former city
official, or a former city employee, the city council may impose any of the
following sanctions:
      (1)   Letter of notification. The city council may issue a letter of
notification if the city council finds that a violation of this chapter was
clearly unintentional. A letter of notification must advise the person of any
steps to be taken to avoid future violations.
      (2)   Letter of admonition. The city council may issue a letter of
admonition if the city council finds that the violation of this chapter was
minor, but where the circumstances call for a more substantial response than a
letter of notification.
      (3)   Referral to ethics training. The city council may require a current
city official to attend ethics training. When recommending a referral to ethics
training, the ethics advisory commission shall include in the recommendation
the manner and quantity of training based on the type and severity of the
violation.
      (4)   Reprimand. The city council may issue a reprimand if the city
council finds that a violation of this chapter was not minor and was committed
intentionally or through reckless disregard of this chapter.
      (5)   Resolution of censure. The city council may adopt a resolution of
censure if the city council finds that a serious or repeated violation of this
chapter has been committed intentionally or through reckless disregard of this
chapter and the violation substantially threatens the public trust.
      (6)   Voiding of prior actions. The city council may, to the extent
allowed by law, void any prior city council or city board or commission action
that approved any decision, agreement, award, or contract if the action was
taken as a result of a violation of this chapter and the interests of the city
require voiding of the prior action.
      (7)   Suspension from office. The city council may suspend a current city
official other than a city council member from office for a period determined
by the city council if the city council finds that a serious or repeated
violation of this chapter was committed intentionally or through culpable
disregard of this chapter. Any proceedings for suspension of a current city
official shall be in compliance with the city charter and state law.
      (8)   Removal from office. The city council may remove a current city
official, including a city council member, from office if the city council
finds that a serious or repeated violation of this chapter was committed
intentionally or through culpable disregard of this chapter and future
violations are likely to occur. Any proceedings for removal of a current city
official from office shall be in compliance with the city charter and state
law.
      (9)   Referral for damages or injunction. The city council may refer the
violation to the city attorney for an action to recover damages to the city or
to enjoin prohibited actions.
      (10)   Referral for criminal prosecution. The city council may refer the
violation to the Dallas Police Department, if the city council finds that the
violation warrants criminal prosecution.
   (f)   For a person who is not a current or former city official or a current
or former city employee (e.g., lobbyists, people doing business with the city,
resident), the city council may impose any of the following sanctions:
      (1)   Letter of notification. The city council may issue a letter of
notification if the city council finds that a violation of this chapter was
clearly unintentional. A letter of notification must advise the person of any
steps to be taken to avoid future violations.
      (2)   Letter of admonition. The city council may issue a letter of
admonition if the city council finds that the violation of this chapter was
minor, but where the circumstances call for a more substantial response than a
letter of notification.
      (3)   Reprimand. The city council may issue a reprimand if the city
council finds that a violation of this chapter was not minor and was committed
intentionally or through reckless disregard of this chapter.
      (4)   Resolution of censure. The city council may adopt a resolution of
censure if the city council finds that a serious or repeated violation of this
chapter has been committed intentionally or through reckless disregard of this
chapter and the violation substantially threatens the public trust.
      (5)   Disqualification from contracting or lobbying. The city council
may, to the extent allowed by law, prohibit the person from entering into
contracts with the city or from lobbying before the city on behalf of clients.
The scope and duration of the disqualification shall be determined by the city
council.
      (6)   Voiding of prior actions. The city council may, to the extent
allowed by law, void any prior city council or city board or commission action
that approved any decision, agreement, award, or contract if the action was
taken as a result of a violation of this chapter and the interests of the city
require voiding of the prior action.
      (7)   Referral for damages or injunction. The city council may refer the
violation to the city attorney for an action to recover damages to the city or
to enjoin prohibited actions.
      (8)   Referral for criminal prosecution. The city council may refer the
violation to the Dallas Police Department, if the city council finds that the
violation warrants criminal prosecution. (Ord. Nos. 30391; 32072; 32472)
SEC. 12A-60.   PROSECUTION FOR PERJURY.
   Any person who knowingly files or makes a false sworn statement under this
chapter is subject to criminal prosecution for perjury under the laws of the
State of Texas. (Ord. Nos. 24316; 29660; 32072; 32472)
SEC. 12A-61.   INTERFERENCE WITH AN INVESTIGATION.
   A person commits an offense if the person interferes with any investigation
of an alleged violation of this chapter in any manner, including seeking to
persuade or coerce others to withhold their cooperation. (Ord. Nos. 30391;
32072; 32472)
SEC. 12A-62.   DISQUALIFICATION FROM CONTRACTING.
   (a)   Any person who has been found by the ethics advisory commission to
have knowingly violated any provision of this chapter may be prohibited by the
city council from entering into any contract with the city for a period of two
years.
   (b)   It is a violation of this chapter:
      (1)   for a person debarred from entering into a contract with the city
to enter or attempt to enter into a contract with the city during the period of
disqualification from contracting; or
      (2)   for a city official or employee to knowingly assist in a violation
of Subsection (b)(1).
   (c)   Nothing in this section prohibits any person from receiving a city
service or benefit, or from using a city facility, according to the same terms
generally available to the public.
   (d)   A business entity may be disqualified from contracting with the city
based on the conduct of the entity's employee or agent if the conduct occurred
within the scope of employment or agency with the entity. (Ord. Nos. 24316;
32072; 32472)
SEC. 12A-63.   VEXATIOUS COMPLAINANTS.
   (a)   Definition. A vexatious complainant is someone who persistently files
ethics complaints without having sufficient grounds for doing so. Vexatious
complainants file complaints that:
      (1)   abuse the investigative process of the inspector general;
      (2)   harass, annoy, cause delay or detriment to a person subject to a
complaint;
      (3)   are repeatedly baseless and without merit; or
      (4)   are filed for a political or other wrongful purpose.
   (b)   Report and recommendation of the inspector general. If the inspector
general credibly suspects a person of being a vexatious complainant, the
inspector general shall submit a report to the ethics advisory commission chair
detailing the facts supporting the inspector general's position and requesting
a hearing on the matter.
   (c)   Stay of complaints. Once the inspector general has submitted a
vexatious complainant report to the ethics advisory commission, the inspector
general shall not accept or process another complaint from the complainant
until the commission has determined whether the complainant is a vexatious
complainant.
   (d)   Notification. The inspector general shall promptly forward a copy of
the report to the complainant with instructions detailing the response and
hearing procedures.
   (e)   Response. The complainant shall have the opportunity to submit a sworn
response, together with such other information the complainant believes is
relevant. The response must be submitted to the inspector general within 10
days after the date that the complainant was sent the inspector general's
report. Copies of all information provided to the inspector general by the
complainant must be distributed to the ethics advisory commission within 10
days after the inspector general receives the information.
   (f)   Format of evidence. If a complainant submits evidence in an
electronic, mechanical, or other format that the inspector general cannot
duplicate or display, the inspector general shall request the complainant
provide the evidence in a format that the inspector general can duplicate or
display. If the complainant fails to provide the evidence to the city inspector
general in a format that the inspector general can duplicate or display within
seven days after the inspector general has made a request, then the evidence
may not be presented to or considered by the ethics advisory commission when
making its determination.
   (g)   Evidentiary hearing. The ethics advisory commission shall hold a
hearing to determine whether the complainant is a vexatious complainant. Not
less than 10 days before the hearing, the inspector general shall, by certified
mail or personal service, give written notice to the complainant of the date,
time, and place of the hearing. If the complainant consents in writing, the
inspector general may give written notice by facsimile, email, or first class
U.S. mail.
   (h)   Ex parte communications. It is a violation of this section for:
      (1)   the complainant, the inspector general, or any person acting on
their behalf to engage or attempt to engage, directly or indirectly, in any ex
parte communication about the subject matter of an evidentiary hearing under
this section with any member of the ethics advisory commission; or
      (2)   a member of the ethics advisory commission to:
         (A)   knowingly entertain an ex parte communication prohibited by
Subsection (h)(1); or
         (B)   knowingly communicate, directly or indirectly, with any person,
other than a member of the commission, its staff, or its legal counsel, about
any issue of fact or law relating to an evidentiary hearing under this section.
   (i)   Hearing procedures. Unless otherwise provided in this section, the
procedures for hearings in Section
12A-53  apply to hearings conducted in accordance with this section.
   (j)   Rights of the complainant. The complainant has the right to attend the
hearing, the right to make a statement, the right to present and cross-examine
witnesses, and the right to be represented by legal counsel or another advisor.
   (k)   Standard of review. In determining whether a complainant is a
vexatious complainant, the ethics advisory commission may consider the
inspector general's report and additional evidence of:
      (1)   the timing of the complaints with respect to when the facts
supporting the alleged violations became known or should have become known to
the complainant;
      (2)   the nature and type of any publicity surrounding the filing of the
complaints;
      (3)   the existence and nature of any relationship between the persons
charged in the complaints and the complainant before the complaints were filed;
      (4)   whether the complainant knew or reasonably should have known that
the allegations in the complaints were groundless or without merit; and
      (5)   the complainant's motives in filing the complaints, including
whether or not the complaints were meant:
         (A)   to abuse the investigative process of the inspector general;
         (B)   to harass, annoy, cause delay or detriment to a person subject
to a complaint; or
         (C)   for a political or other wrongful purpose.
   (l)   Determination. A determination that a complainant is a vexatious
complainant may be made only upon an affirmative vote of three-fifths of all
commission members present and voting. Otherwise, the complainant is not deemed
a vexatious complainant. A finding that a complainant is vexatious must be
supported by a preponderance of the evidence. The commission's determination
that a complainant is not a vexatious complainant does not affect the prior
decision of the inspector general to dismiss the complainant's prior
complaints.
   (m)   Sanction for being deemed a vexatious complainant.
      (1)   If a complainant is determined to be a vexatious complainant, the
ethics advisory commission may prohibit the complainant from filing another
complaint alleging one or more violations of this chapter for up to:
         (A)   two years after the date of the commission's determination that
the complainant is a vexatious complainant, if the commission had not
determined within the preceding five years that the complainant was a vexatious
complainant; or
         (B)   four years after the date of the commission's determination that
the complainant is a vexatious complainant, if the commission had determined
within the preceding five years that the complainant was a vexatious
complainant.
      (2)   When determining whether and for how long to prohibit a complainant
who has been deemed a vexatious complainant from filing another complaint under
this chapter, the ethics advisory commission shall consider the following
factors:
         (A)   The seriousness of the potential consequences to the persons
charged in the groundless complaints and the extent and gravity of the abuse,
harassment, and delay resulting from the filing of groundless complaints.
         (B)   The sanction necessary to deter future violations, including
number of groundless complaints filed and whether there are any mitigating
circumstances.
         (C)   Any other matters that justice may require.
      (3)   If the ethics advisory commission prohibits the complainant from
filing another complaint for a specific amount of time under Subsection (m)(1),
the inspector general shall not accept or process another complaint alleging
one or more violations of this chapter from the complainant during the time
that the complainant is prohibited from filing a complaint.
      (4)   The inspector general may notify the appropriate regulatory or
supervisory agency of the findings and determination of the ethics advisory
commission, including referring its findings and determination to a criminal
investigation agency or prosecution entity for investigation of a violation of
a state or federal law.
   (n)   Written decision. If the ethics advisory commission determines that a
complainant is a vexatious complainant and imposes a sanction, it shall make
all reasonable efforts to issue a written decision within 15 days after the
hearing. The commission shall state its findings in the written decision.
   (o)   Notification. Within 10 days after issuing a written decision, the
ethics advisory commission shall forward copies of the findings and decision to
the complainant, the city attorney, the city secretary, the city council, and
any member of the commission who did not participate in the disposition of the
matter. The city secretary shall make copies of the findings and decision
available to the public as authorized by law. (Ord. Nos. 29660; 32072; 32472)
ARTICLE XI.
ADMINISTRATIVE PROVISION.
SEC. 12A-64.   CITY COUNCIL REVIEW.
   This entire chapter shall be reviewed by city council every two years in
even-numbered years beginning in January 2024, and every other January
thereafter. (Ord. Nos. 24316; 30391; 32072; 32472)
CHAPTER 12B
CONVENIENCE STORES
ARTICLE I.
GENERAL PROVISIONS.
Sec.
12B-1.   Purpose of chapter.
Sec.
12B-2.   Definitions.
Sec.
12B-3.   Authority of chief of police, fire department, and department of code
compliance.
Sec.
12B-4.   Delivery of notices.
Sec.
12B-5.   Violations; penalty.
ARTICLE II.
REGISTRATION OF CONVENIENCE STORES.
Sec.
12B-6.   Registration required; fees.
Sec.
12B-7.   Registration application.
Sec.
12B-8.   Issuance, denial, and display of certificate of registration;
registration compliance decal.
Sec.
12B-9.   Revocation of registration.
Sec.
12B-10.   Appeals.
Sec.
12B-11.   Expiration and renewal of registration.
Sec.
12B-12.   Nontransferability.
Sec.
12B-13.   Property inspections.
ARTICLE III.
SAFETY REQUIREMENTS FOR CONVENIENCE STORES.
Sec.
12B-14.   Surveillance camera system; video recording and storage.
Sec.
12B-15.   Alarm system.
Sec.
12B-16.   Drop safes.
Sec.
12B-17.   Security signs; height markers.
Sec.
12B-18.   Store visibility.
Sec.
12B-19.   Employee safety training; telephone access.
Sec.
12B-20.   Trespass affidavits.
Sec.
12B-21.   Coin-operated amusement devices prohibited.
Sec.
12B-22.   Exterior lighting.
Sec.
12B-23.   Automatic teller machines.
ARTICLE I.
GENERAL PROVISIONS.
SEC. 12B-1.   PURPOSE OF CHAPTER.
   The purpose of this chapter is to protect the health, safety, and welfare of
the citizens of the city of Dallas by reducing the occurrence of crime,
preventing the escalation of crime, and increasing the successful prosecution
of crime that occurs in convenience stores in the city. To this end, this
chapter establishes a registration program for convenience stores and provides
requirements relating to surveillance camera systems, video recording and
storage systems, alarm systems, drop safes, security signs, height markers,
store visibility, safety training programs, and trespass affidavits. (Ord.
27293)
SEC. 12B-2.   DEFINITIONS.
   In this chapter:
      (1)   CERTIFICATE OF REGISTRATION means a certificate of registration
issued by the chief under this chapter to the owner or operator of a
convenience store.
      (2)   CHIEF means the chief of the police department of the city or the
chief's authorized representative.
      (3)   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, or smoking accessories for on-premises consumption.
      (4)   CONVENIENCE GOODS means basic food, household, tobacco products,
paraphernalia, and pharmaceutical items.
      (5)   CONVENIENCE STORE means any business that is primarily engaged in
the retail sale of convenience goods, or both convenience goods and gasoline,
and has less than 10,000 square feet of retail floor space. A convenience store
does not include any business that has no retail floor space accessible to the
public.
      (6)   DIRECTOR means the director of the department of code compliance or
the director's authorized representative.
      (7)   DROP SAFE means a cash management device in which money can be
deposited without the depositor having access to the contents.
      (8)   EMPLOYEE means any person listed on the payroll of a convenience
store as an employee, whether part-time, full-time, permanent, or temporary.
The term does not include a person providing only janitorial or security
services to the convenience store.
      (9)   HEIGHT MARKER means a measuring strip that may be attached on or
near a door frame of a convenience store to aid in identifying the height of a
person suspected of committing a crime.
      (10)   MANAGER means the person designated in the registration
application filed under this chapter as being responsible for the daily
operation of a convenience store.
      (11)   PARAPHERNALIA means "illegal smoking paraphernalia" as that term
is defined in
Chapter 31 of the Dallas City Code or any other smoking paraphernalia that is
commonly used, or commonly known to be used, for the inhalation of tobacco or
illegal substances. For purposes of this definition, rolling papers, tobacco
cigarettes, and tobacco cigars are not considered paraphernalia.
      (12)   PERSON means any individual, corporation, organization,
partnership, association, or any other legal entity.
      (13)   REGISTERED AGENT means the person identified in the registration
application filed under this chapter who is authorized to receive on behalf of
the convenience store any legal process or notice required or provided for in
this chapter.
      (14)   REGISTRANT means a person issued a certificate of registration for
a convenience store under this chapter and includes all owners, operators, or
the person in the care, custody, or control of the convenience store.
      (15)   TOBACCO PRODUCT means a tobacco product as defined in Chapter 155
of the Texas Tax Code, as amended.
      (16)   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 or tobacco products. (Ord. Nos. 27293; 30472; 31867)
SEC. 12B-3.   AUTHORITY OF CHIEF OF POLICE, FIRE DEPARTMENT, AND DEPARTMENT OF
CODE COMPLIANCE.
   (a)   Except as provided in this section, the chief of police shall
implement and enforce this chapter in collaboration with the director 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 affect the policy of this chapter.
   (b)   In addition to the chief of police and the director, the chief of the
fire department, including representatives, agents, or city employees
designated by the chief of the fire department, shall enforce the registration
requirement in Section
12B-6. (Ord. Nos. 27293; 30472; 31867)
SEC. 12B-4.   DELIVERY OF NOTICES.
   Any written notice that the chief or director is required to give a
registrant under this chapter is deemed to be delivered:
      (1)   on the date the notice is hand delivered to the registrant or the
registrant's registered agent;
      (2)   three days after the date the notice is placed in the United States
mail with proper postage and properly addressed to the registrant or the
registrant's registered agent at the address provided for the registrant or the
registered agent in the most recent registration application; or
      (3)   on the date the notice is sent electronically to the electronic
mailing address of the registrant listed on the application. (Ord. Nos. 27293;
30472; 31867)
SEC. 12B-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)   An offense under this chapter is punishable by a fine of not less than
$250 or 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 that the city may have under city ordinances and
state law.
   (e)   It is a defense to prosecution under this section that an
establishment is operating as a cigar bar or tobacco shop as defined in this
chapter. (Ord. Nos. 27293; 30472)
ARTICLE II.
REGISTRATION OF CONVENIENCE STORES.
SEC. 12B-6.   REGISTRATION REQUIRED; FEES.
   (a)   A person commits an offense if the person owns or operates a
convenience store without a valid certificate of registration. A separate
certificate of registration is required for each physically separate
convenience store.
   (b)   It is a defense to prosecution under Subsection (a) that at the time
of the alleged offense:
      (1)   the convenience store had been open for business less than 45 days;
      (2)   the majority ownership of the convenience store had changed and the
store had been open for business under the new ownership for less than 45 days;
or
      (3)   the establishment is operating as a cigar bar or tobacco shop as
defined in this chapter.
   (c)   The annual fee for a convenience store registration is $265. The fee
is payable to the director upon issuance of a certificate of registration. No
refund of registration fees shall be made. (Ord. Nos. 27293; 30472; 32556)
SEC. 12B-7.   REGISTRATION APPLICATION.
   (a)   To obtain a certificate of registration for a convenience store, a
person must submit an application on a form provided for that purpose to the
chief. The applicant must be the person who will own or operate the convenience
store. The application must contain all of the following information:
      (1)   The name, street address, mailing address, electronic mailing
address, and telephone number of the applicant.
      (2)   The name, street address, mailing address, facsimile number, and
telephone number of the convenience store.
      (3)   The names, street addresses, mailing addresses, electronic mailing
addresses, and telephone numbers of all owners of the convenience store and any
lien holders and other persons with a financial interest in the convenience
store, and the nature and extent of each person's interest in the convenience
store.
      (4)   The name, street address, mailing address, electronic mailing
address, and telephone number of the manager of the convenience store.
      (5)   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 the convenience store.
      (6)   The name, street address, mailing address, electronic mailing
address, and telephone number of the registered agent for the convenience
store.
      (7)   A statement that the applicant understands that notices may be
issued and delivered to the registrant via hand delivery, United States mail,
or electronic mail in accordance with Section 12B-4.
      (8)   The total area in square feet of the convenience store.
      (9)   Such additional information as the applicant desires to include or
that the chief deems necessary to aid in the determination of whether the
requested certificate of registration should be granted.
   (b)   A registrant shall notify the director within 45 days after any
material change in the information contained in the application for a
certificate of registration for a convenience store, including, but not limited
to, any changes in ownership of the property and any changes in the registered
agent, manager, or emergency contact person for the property. (Ord. Nos. 27293;
30472)
SEC. 12B-8.   ISSUANCE, DENIAL, AND DISPLAY OF CERTIFICATE OF REGISTRATION;
REGISTRATION COMPLIANCE DECAL.
   (a)   The chief shall issue to the applicant a certificate of registration
for a convenience store, along with a registration compliance decal, if the
chief determines that:
      (1)   the applicant has complied with all requirements for issuance of
the certificate of registration; and
      (2)   the applicant has not made a false statement as to a material
matter in an application for a certificate of registration.
   (b)   If the chief determines that the requirements of Subsection (a) have
not been met, the chief shall deny a certificate of registration to the
applicant.
   (c)   If the chief determines that an applicant should be denied a
certificate of registration, the chief 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 chief. The
certificate of registration must be presented upon request to the director,
chief of the fire department, chief, or any other peace officer for
examination.
   (e)   A registration compliance decal must be continuously and conspicuously
displayed above the main public entrance door to the convenience store. (Ord.
Nos. 27293; 31867)
SEC. 12B-9.   REVOCATION OF REGISTRATION.
   (a)   The chief shall revoke a certificate of registration for a convenience
store if the chief determines that the registrant:
      (1)   failed to comply with any provision of this chapter or any other
city ordinance or state or federal law applicable to the convenience store; or
      (2)   intentionally made a false statement as to a material matter in the
application or in a hearing concerning the certificate of registration.
   (b)   Before revoking a certificate of registration under Subsection (a),
the chief 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 chief 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 chief orders the revocation, and a statement informing
the registrant of the right of appeal. (Ord. 27293)
SEC. 12B-10.   APPEALS.
   If the chief 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. 27293)
SEC. 12B-11.   EXPIRATION AND RENEWAL OF REGISTRATION.
   (a)   A certificate of registration for a convenience store expires one year
after the date of issuance.
   (b)   A certificate of registration may be renewed by making application in
accordance with Section
12B-7. A registrant shall apply for renewal at least 30 days before the
expiration of the certificate of registration. (Ord. 27293)
SEC. 12B-12.   NONTRANSFERABILITY.
   A certificate of registration for a convenience store is not transferable.
(Ord. 27293)
SEC. 12B-13.   PROPERTY INSPECTIONS.
   (a)   An applicant or registrant shall permit, at reasonable times upon
request, representatives of the police department to inspect the interior and
exterior of the convenience store, including but not limited to surveillance
camera systems, for the purpose of ensuring compliance with this chapter and
other city ordinances and state and federal laws applicable to convenience
stores. The applicant or registrant commits an offense if, either personally or
through an agent or employee, the applicant or registrant refuses to permit a
lawful inspection of the convenience store as required by this section.
   (b)   No inspection fee is required for an initial inspection of a
convenience store under this chapter. If a convenience store must be
reinspected, the reinspection fee is $159. (Ord. Nos. 27293; 32556)
ARTICLE III.
SAFETY REQUIREMENTS FOR CONVENIENCE STORES.
SEC. 12B-14.   SURVEILLANCE CAMERA SYSTEM; VIDEO RECORDING AND STORAGE.
   (a)   A registrant shall provide, maintain, and operate at least three color
digital high-resolution surveillance cameras in the convenience store in
compliance with this subsection.
      (1)   Each camera must be capable of providing a digital image with a
minimum resolution of two megapixels, a minimum aspect ratio of 1920 horizontal
pixels by 1080 vertical pixels, and a minimum frame rate of 15 frames per
second.
      (2)   One camera must be positioned to provide coverage of the cash
register or other area where money is exchanged. The second camera must be
positioned to provide a clear and identifiable full frame view of the face of
each individual filmed entering the main public entrance of the store. The
third camera must be positioned to provide a clear and identifiable full frame
of view of the face of each individual filmed exiting the main public exit of
the store. The coverage of the cameras required by this paragraph must remain
unobstructed by any display, sign, or other item.
      (3)   Each camera must be operating at all times, including hours when
the store is not open for business. Each camera must be operated in a fixed
position and not in a panning motion.
      (4)   Each camera must display the date and time of each recording.
      (5)   A sign stating "STORE IS UNDER CAMERA SURVEILLANCE," in letters at
least two inches high, must be posted at each public entrance and exit of the
convenience store and must be readable from inside and outside the store.
   (b)   A registrant shall provide for video recording and storage in
compliance with this subsection.
      (1)   One or more digital video recording devices must be used to record
images from each surveillance camera in the convenience store. Each recording
device must be kept in a secured location that is remote from the surveillance
cameras.
      (2)   The video recording devices must be designed, equipped, and
operated, at a minimum, to digitally record images from the surveillance
cameras every time motion occurs in the convenience store, whether or not the
store is open for business.
      (3)   All digital video recordings must be maintained for at least 30
days.
      (4)   A digital video recording must be made available to the director
and to the chief or any other peace officer for viewing as soon as possible
after being requested. A copy of a digital video recording must be provided to
the director and to the chief or any other peace officer within 72 hours after
being requested. (Ord. Nos. 27293; 31867)
SEC. 12B-15.   ALARM SYSTEM.
   (a)   A registrant shall provide, maintain, and operate an alarm system in
the convenience store in compliance with this section.
   (b)   A convenience store must have a silent panic or holdup alarm system
for which a valid alarm permit is held in compliance with
Article I,
Chapter 15C of this code. The system must, at a minimum, include a panic button
located within reach of the cash register and out of view of the customer. The
panic button must generate an alarm signal indicating a holdup or other life-
threatening emergency requiring a police department response.
   (c)   A sign indicating that an alarm system is in use must be posted at
each public entrance and exit of the convenience store. (Ord. 27293)
SEC. 12B-16.   DROP SAFES.
   (a)   A registrant shall provide and maintain drop safes and signs in the
convenience store in compliance with this section.
   (b)   A drop safe or similar device must be bolted to the floor of the
convenience store.
   (c)   A sign indicating that employees cannot open the drop safe must be
posted at each public entrance and exit of the convenience store. (Ord. 27293)
SEC. 12B-17.   SECURITY SIGNS; HEIGHT MARKERS.
   (a)   A registrant shall provide, post, and maintain security signs and
height markers in the convenience store in compliance with this section.
   (b)   Signs stating “NO SOLICITATION” and “NO TRESPASSING,” in letters at
least two inches high, must be posted at each public entrance and exit of a
convenience store. The signs may contain additional language as required by law
and must be in a format approved by the chief.
   (c)   A height marker must be posted at each public exit of a convenience
store. (Ord. 27293)
SEC. 12B-18.   STORE VISIBILITY.
   (a)   A registrant shall provide for and maintain visibility in a
convenience store in compliance with this section.
   (b)   An unobstructed line of sight that allows a clear view of and from the
cash register and sales transaction area through all windows and public
entrance and exit doors must be maintained in the convenience store at all
times. The unobstructed line of sight must, at a minimum, extend from three
feet above the ground to at least six feet above the ground.
   (c)   Store windows and doors must be maintained clear of all items that
would obstruct a clear view, including, but not limited to, signage,
advertisements, shelving, and merchandise.
   (d)   All public entrance and exit doors of a convenience store must be made
of glass or another transparent material, except that a convenience store
lawfully operating in the city on October 15, 2008 is not required to comply
with this subsection until there is a change in the majority ownership of the
store. (Ord. 27293)
SEC. 12B-19.   EMPLOYEE SAFETY TRAINING; TELEPHONE ACCESS.
   (a)   A registrant shall ensure that safety training is provided for and
completed by employees of the convenience store in compliance with this
section.
      (1)   Each employee of a convenience store shall annually complete a
safety training program offered by the city or otherwise approved by the chief.
The safety training program must include, but is not limited to, the following
subjects:
         (A)   Behavior before, during, and after a robbery.
         (B)   Opening and closing the store.
         (C)   Making a bank deposit.
         (D)   Operation of security devices.
         (E)   Physical deterrents and preventative measures.
         (F)   Knowledge of store policies and training requirements.
      (2)   Each employee must complete the safety training program within 10
days after beginning employment with the convenience store.
      (3)   Each employee shall sign a statement indicating the date, time, and
place of completion of the safety training program. Copies of each employee's
statements must be maintained on file in the convenience store for as long as
the employee is employed by the convenience store. The statements must be made
available to the director and to the chief or any other peace officer
immediately upon request.
   (b)   Telephone access must be provided at each convenience store for use by
employees. (Ord. Nos. 27293; 31867)
SEC. 12B-20.   TRESPASS AFFIDAVITS.
   A registrant shall execute a trespass affidavit, on a form provided by the
chief for that purpose, that authorizes the police department to enforce, on
behalf of the registrant, all applicable trespass laws on the premises of the
convenience store. (Ord. Nos. 27293; 30472)
SEC. 12B-21.   COIN-OPERATED AMUSEMENT DEVICES PROHIBITED.
   Coin-operated amusement devices, as defined in Chapter 6A, are prohibited in
a convenience store, including the sales floor, office, storage room, and back
room areas, whether open or closed to the public.
(Ord. 31620)
SEC. 12B-22.   EXTERIOR LIGHTING.
   Exterior lighting that illuminates all sides of the main building, parking
areas, and fuel pump islands must be provided and maintained. Exterior lighting
must be turned on daily between sunset and sunrise. In this section SUNSET and
SUNRISE mean the time of day published on the weather page of the Dallas
Morning News as the time for sunset and sunrise on that day in the city. (Ord.
31867)
SEC. 12B-23.   AUTOMATIC TELLER MACHINES.
   Automatic teller machines must be:
      (1)   secured to the floor of the convenience store using bolts or other
similar hardware; and
      (2)   located more than 12 feet away from glass windows and doors. (Ord.
31867)
CHAPTER 13
COURTS, FINES AND IMPRISONMENTS
ARTICLE I.
IN GENERAL.
Sec.
13-1.   General penalty; continuing violations.
Sec.
13-1.1.   Authority to issue citations to appear in municipal court.
Sec.
13-1.2.   Compliance not a defense to prosecution.
Sec.
13-2.   Liability of corporate officers for penalty.
ARTICLE II.
MUNICIPAL COURT OF RECORD.
Sec.
13-3.   Municipal court of record; created and designated; jurisdiction;
session.
Sec.
13-4.   Other terms and laws applicable to the municipal court of record.
Sec.
13-5.   Powers and duties of municipal judges.
Sec.
13-5.1.   Judicial nominating commission created.
Sec.
13-5.2.   Judicial nominating commission duties and responsibilities; selection
of municipal judges.
Sec.
13-6.   Bailiffs of the municipal court of record.
Sec.
13-7.   Department of Dallas municipal court created; director.
Sec.
13-8.   Duties of the municipal clerk; court administrator and director; deputy
clerks.
Sec.
13-9.   Reserved.
Sec.
13-10.   Reserved.
Sec.
13-11.   Reserved.
Sec.
13-12.   Fidelity bonds.
Sec.
13-13.   Collection of fines.
Sec.
13-14.   Minutes of the municipal court of record.
Sec.
13-15.   Disposition of court records.
Sec.
13-16.   Recording of proceedings; fees.
Sec.
13-17.   Appeals from the municipal court of record.
Sec.
13-18.   Record of case on appeal.
Sec.
13-19.   Reserved.
Sec.
13-20.   Form of appearance bonds.
Sec.
13-21.   Delivery of appearance bonds to municipal clerk; destruction of
certain records.
Sec.
13-22.   Alternative methods for payment of fines; imprisonment for default in
payments.
Sec.
13-23.   Appeal bonds.
Sec.
13-24.   Recognizance before trial.
Sec.
13-25.   Return of deposits made with recognizance agreements.
Sec.
13-26.   City officials or employees not to recommend attorneys or sureties.
Sec.
13-27.   Traffic citations and complaints to be delivered to the municipal
clerk.
Sec.
13-28.   Violation of promise to appear.
Sec.
13-28.1.   Local consolidated fee.
Sec.
13-28.2.   Reserved.
Sec.
13-28.3.   Reimbursement fee for certain payments through the internet or an
interactive voice response telephone system.
ARTICLE III.
RESERVED.
Sec.
13-29.   Reserved.
ARTICLE IV.
PRISONERS GENERALLY.
Sec.
13-30.   Property of prisoners - Searching; record of valuables.
Sec.
13-31.   Same - Delivery to claimant.
Sec.
13-32.   Same - Authority to sell unclaimed property.
Sec.
13-33.   Same - Delivery to purchasing agent.
Sec.
13-34.   Same - Notice and manner of sale.
Sec.
13-35.   Same - Deposit of proceeds of sale.
Sec.
13-36.   Same - City officers and employees not to purchase at sales.
Sec.
13-37.   Use of force to restrain prisoners.
Sec.
13-38.   Supervision of prison generally; separation of prisoners by sexes.
Sec.
13-39.   Feeding prisoners.
Sec.
13-40.   Reserved.
Sec.
13-41.   Conversing with prisoners.
Sec.
13-42.   “City prisoners” defined; working prisoners; control of prisoners
generally.
Sec.
13-43.   Allowance for labor.
Sec.
13-44.   Reserved.
Sec.
13-45.   Parole of prisoners - Authority of manager; recommendation of police
chief.
Sec.
13-46.   Same - Reason to be stated; filing copy.
Sec.
13-47.   Same - Conditions and limitations.
Sec.
13-48.   Escape.
Sec.
13-49.   Penalty for violation of article.
ARTICLE I.
IN GENERAL.
SEC. 13-1.   GENERAL PENALTY; CONTINUING VIOLATIONS.
   (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 code or of any ordinance, rule, or regulation of the city and
no specific penalty is provided for a violation of the provision, the violation
is punishable by a fine:
      (1)   not to exceed $500;
      (2)   not to exceed $2,000 if the provision violated governs fire safety,
zoning, or public health and sanitation, including dumping of refuse; or
      (3)   fixed by state law if the violation is one for which the state has
fixed a fine.
   (b)   A person violating a provision of this code or other ordinance, rule,
or regulation of the city is guilty of a separate offense for each day or part
of a day during which the violation is committed, continued, or permitted,
unless otherwise provided.
   (c)   Where the city council has by ordinance established a minimum fine for
an offense under this code or any other ordinance, rule, or regulation of the
city, a judge of the municipal court may never impose a lower fine for the
offense. (Ord. Nos. 18001; 19963; 21973)
SEC. 13-1.1.   AUTHORITY TO ISSUE CITATIONS TO APPEAR IN MUNICIPAL COURT.
   A director of any city department, or his authorized representative, shall
have the power to issue one or more citations to any person to appear in the
municipal court, if the director or representative has probable cause to
believe that the person is criminally responsible for any offense within the
jurisdiction of the municipal court. (Ord. 17226)
SEC. 13-1.2.   COMPLIANCE NOT A DEFENSE TO PROSECUTION.
   Unless specifically provided otherwise in this code, it is not a defense to
prosecution under any provision of this code that the violation with which a
person is charged no longer exists, and no judge of the municipal court may
dismiss a complaint or enter a finding of not guilty on the grounds that the
violation no longer exists. (Ord. 21973)
SEC. 13-2.   LIABILITY OF CORPORATE OFFICERS FOR PENALTY.
   Whenever a corporation or association violates any provision of this code or
other ordinance of the city, the president, vice-president, secretary,
treasurer, manager or any agent or employee of such corporation or association
shall be severally liable for the penalty prescribed for such violation.
ARTICLE II.
MUNICIPAL COURT OF RECORD.
SEC. 13-3.   MUNICIPAL COURT OF RECORD; CREATED AND DESIGNATED; JURISDICTION;
SESSION.
   (a)   In accordance with Section 1, Chapter VIII of the Dallas city charter
and Chapter 30 of the Texas Government Code, there is hereby created a
municipal court of record, which is divided into 16 divisions to be designated
as Municipal Court of Record No. 1, Municipal Court of Record No. 2, Municipal
Court of Record No. 3, Municipal Court of Record No. 4, Municipal Court of
Record No. 5, Municipal Court of Record No. 6, Municipal Court of Record No. 7,
Municipal Court of Record No. 8, Municipal Court of Record No. 9, Municipal
Court of Record No. 10, Municipal Court of Record No. 11, Community Court No.
12, Community Court No. 13, Community Court No. 14, Community Court No. 15, and
Community Court No. 16.
   (b)   Each municipal court of record division shall have and exercise
concurrent jurisdiction with the other municipal court of record divisions, the
jurisdiction being that which is conferred upon all municipal courts and
municipal courts of record by Chapter 30 of the Texas Government Code and other
state law.
   (c)   Jurisdiction under Subchapter B, Chapter 54, Texas Local Government
Code.
      (1)   In addition to the jurisdiction granted in Subsection (b) of this
section and in accordance with Section 30.00005 of the Texas Government Code,
each municipal court of record division has concurrent jurisdiction with a
district court or a county court at law under Subchapter B, Chapter 54, Texas
Local Government Code, within the city’s territorial limits and property owned
by the city located in the city’s extraterritorial jurisdiction for the purpose
of enforcing health and safety and nuisance abatement ordinances.
      (2)   The municipal clerk is authorized to charge and collect fees and
costs of court for litigation filed in municipal court pursuant to Subchapter
B, Chapter 54 of the Texas Local Government Code. The fees and costs charged
and collected will be the same as those authorized by law to be collected by a
clerk of a county court.
      (3)   Any party in a case filed under this subsection has the right to
appeal the decision of the municipal court by filing a verified petition in
state district court alleging error in the municipal court’s decision. The
petition must be filed within 30 calendar days after the municipal court issues
its ruling, or else the municipal court’s decision will become final. An appeal
in state district court is limited to a hearing under the substantial evidence
rule.
   (d)   The municipal court of record divisions may be in concurrent and
continuous session, either day or night. (Ord. Nos. 7429; 15603; 16661; 19802;
24763; 24946; 24978; 25496; 25927; 27438; 27706; 27823; 30769)
SEC. 13-4.   OTHER TERMS AND LAWS APPLICABLE TO THE MUNICIPAL COURT OF RECORD.
   (a)   Wherever the term “corporation court” or “municipal court” is used in
this code, it means “municipal court of record.”
   (b)   Any provision of the city charter, city ordinances, or state law that
is applicable to a municipal court will be applicable to the municipal court of
record unless the provision is in conflict or inconsistent with Chapter 30 of
the Texas Government Code, which governs the municipal court of record in the
city of Dallas. (Ord. Nos. 7429; 15603; 14802; 19802; 24946)
SEC. 13-5.   POWERS AND DUTIES OF MUNICIPAL JUDGES.
   (a)   A judge shall preside over each of the municipal court of record
divisions. A judge appointed under Section 4, Chapter VIII of the city charter
shall be known as a “municipal judge.” A judge appointed under Section 6,
Chapter VIII of the city charter shall be known as an “associate municipal
judge.”
   (b)   A municipal judge shall:
      (1)   hold a respective court within the city at a place designated by
the city council;
      (2)   follow all rules of procedure contained in the ordinances of the
city and state law;
      (3)   enter on the docket of the municipal court of record division over
which the municipal judge presides, appropriate notations of the disposition of
each case;
      (4)   have authority to preside over any of the municipal court of record
divisions, and may exchange benches with other municipal judges; and
      (5)   have all other powers and duties assigned to a municipal judge by
the city charter, other city ordinances, Chapter 30 of the Texas Government
Code, or other state law.
   (c)   The administrative municipal judge of the municipal court of record
shall:
      (1)   provide for equal distribution of cases among the municipal court
of record divisions and select so many bailiffs of the municipal court of
record as are necessary;
      (2)   have the power to transfer cases from one municipal court of record
division to another and assign municipal judges to preside over the various
divisions;
      (3)   promulgate work rules for the administration of the municipal court
of record;
      (4)   provide at least one performance evaluation annually of each
municipal judge; and
      (5)   have all other powers and duties assigned to the administrative
municipal judge by the city charter, other city ordinances, Chapter 30 of the
Texas Government Code, or other state law. (Ord. Nos. 7429; 15603; 18477;
18837; 19802; 20201; 21011; 22496; 24946)
SEC. 13-5.1.   JUDICIAL NOMINATING COMMISSION CREATED.
   (a)   There is hereby created the judicial nominating commission of the
city, which shall be an advisory body of 16 members. Fifteen of the members
will be appointed by the city council, with each city council member appointing
one member of the commission. The sixteenth member of the commission will be
the Dallas city attorney, who shall serve as an ex officio, voting member of
the commission and who, for purposes of Section 13, Chapter XXIV of the city
charter, shall be appointed by the full city council. The mayor shall appoint
the chair of the commission, and the full city council shall appoint the vice-
chair.
   (b)   Each member of the commission shall be appointed for a two-year term
beginning on October 1 of each odd-numbered year. All members shall serve until
their successors are appointed and qualified. The term limits established for
board and commission members in Section
8-1.5 of this code do not apply to the city attorney’s service on the
commission.
   (c)   A city of Dallas municipal judge shall serve as an ex officio,
nonvoting member of the commission.
   (d)   The commission must reflect, as nearly as practicable, the racial,
ethnic, and gender makeup of the city’s population.
   (e)   The commission must meet at least once each quarter of the
commission’s term and may hold additional meetings at the call of the chair.
   (f)   No member of the judicial nominating commission may engage in the
practice of law in or before the municipal courts of the city. (Ord. Nos.
21011; 21515; 21804; 24003; 27833; 29645)
SEC. 13-5.2.   JUDICIAL NOMINATING COMMISSION DUTIES AND RESPONSIBILITIES;
SELECTION OF MUNICIPAL JUDGES.
   (a)   The judicial nominating commission shall act as an advisory body to
the city council and shall:
      (1)   recommend nominees to serve as full- time and associate
governmental judges;
      (2)   make reports and recommendations to the city council ad hoc
judicial nominations committee on the status of the selection process for
municipal judges;
      (3)   review and make recommendations to the city council ad hoc judicial
nominations committee on the salary structure for municipal judges, including
evaluating the feasibility of a merit pay plan;
      (4)   make recommendations to the city council concerning the selection,
removal, and pay of administrative law judges in accordance with
Article XXVII,
Chapter 2 of this code; and
      (5)   perform other duties assigned by the city council.
   (b)   The ad hoc judicial nominations committee of the city council shall
provide to the judicial nominating commission minimum qualifications and
evaluation guidelines for assessing applicants for a vacancy in the office of
municipal judge and a time schedule for recommending nominees. The guidelines
must include appropriate goals for achieving sufficient racial, ethnic, and
gender diversity within the municipal court of record. Each associate and full-
time municipal judge, including the administrative municipal judge, shall
reside in the city of Dallas within four months after the date of appointment
and throughout his or her term as a municipal judge for the city of Dallas.
   (c)   When there is a vacancy in the office of full- time or associate
municipal judge (including a vacancy created by the expiration of a judge’s
term), the director of human resources shall receive applications, which shall
be forwarded to the judicial nominating commission through its chair. The
commission shall review the applications and resumes, research applicant
qualifications, and conduct interviews; except that if a vacancy occurs within
120 days after the appointment of any full-time or associate municipal judge,
for which the commission conducted interviews, the commission is not required
to conduct additional interviews but may, in its discretion, recommend nominees
to fill the new vacancy from applicants who were interviewed for any municipal
judge position that was filled within the preceding 120 days. The commission
may also, by a two-thirds vote, waive the interview requirement for any person
who has completed at least eight consecutive years of continuous service as a
full-time municipal judge for the city when that person applies for a position
as an associate municipal judge. If in the opinion of the commission, none of
the applicants for a municipal judge position meets minimum qualifications
established by the city council ad hoc judicial nominations committee, the
commission may search for and interview additional applicants.
   (d)   After deliberation, the judicial nominating commission shall recommend
to the city council ad hoc judicial nominations committee a number of nominees
equal to 150 percent of the number of vacancies in the office of full-time or
associate municipal judge, rounded up to whole numbers. The nominees must be
divided into two groups, one for full-time judges and one for associate judges,
with the members of each group being ranked in the order of preference by the
judicial nominating commission, with Number 1 being the highest ranking. If the
number of applicants for all of the vacant municipal judge positions is less
than the number of nominees required by this subsection to be recommended to
the ad hoc judicial nominations committee, then the commission may, in its
discretion, either recommend any persons who have applied or seek additional
candidates.
   (e)   Upon receiving the judicial nominating commission’s recommendation of
nominees, the city council ad hoc judicial nominations committee may interview
one or more of the nominees or other applicants interviewed by the commission.
If not satisfied with any number of the nominees or other applicants
interviewed by the commission, the ad hoc judicial nominations committee may
request that the commission recommend a specified number of additional nominees
to the committee. After deliberation, the ad hoc judicial nominations committee
shall forward to the full city council a number of nominees equal to 150
percent of the number of vacancies in the office of full-time or associate
municipal judge, rounded up to whole numbers. The nominees must be divided into
two groups, one for full-time judges and one for associate judges, with the
members of each group being ranked in the order of preference by the ad hoc
judicial nominations committee, with Number 1 being the highest ranking.
Rankings of the nominees by the judicial nominating commission must also be
forwarded to the full city council.
   (f)   Upon receiving the recommendation of nominees from the ad hoc judicial
nominations committee, the city council shall select one nominee or other
applicant interviewed by the ad hoc judicial nominations committee or the
judicial nominating commission to fill each vacancy. Before making a selection,
the city council may interview one or more of the nominees or other applicants
interviewed by the ad hoc judicial nominations committee or the judicial
nominating commission. If not satisfied with any number of these candidates,
the city council may, in its discretion, fill whatever vacancies it desires and
request that the judicial nominating commission recommend to the ad hoc
judicial nominations committee a specified number of additional nominees for
the unfilled vacancies.
   (g)   When there is a vacancy in the office of the administrative municipal
judge (including a vacancy created by the expiration of the judge’s term), the
judicial nominating commission shall conduct interviews of all interested full-
time municipal judges of the city of Dallas, and all interested applicants for
vacant full-time municipal judge positions, for the office of administrative
municipal judge. After deliberation, the commission shall recommend to the full
city council three nominees for the office of administrative municipal judge
ranked in the order of preference, with Number 1 being the highest ranking. The
city council shall interview the nominees and select one as the administrative
municipal judge, or, if not satisfied with any of the nominees, the city
council may reject all and request that the judicial nominating commission
repeat the nominating process.
   (h)   The city manager shall provide staff to assist the judicial nominating
commission in performing its duties and responsibilities.
   (i)   Nothing in this section affects the holdover status of an incumbent
municipal judge under applicable city, state, and federal laws. (Ord. Nos.
21011; 21515; 21804; 22321; 22612; 23124; 24946; 25518; 25655; 26093; 29394)
SEC. 13-6.   BAILIFFS OF THE MUNICIPAL COURT OF RECORD.
   (a)   The bailiffs of the municipal court of record, under the direction and
supervision of the administrative municipal judge, shall serve the municipal
court of record.
   (b)   The bailiffs shall:
      (1)   be selected by the administrative municipal judge;
      (2)   meet all qualifications necessary to be certified as peace officers
by the Texas Commission on Law Enforcement Officer Standards and Education; and
      (3)   be appointed and commissioned by the city marshal as deputy city
marshals.
   (c)   The administrative municipal judge or his designee shall supervise the
activities of bailiffs and shall have the authority to impose disciplinary
action in accordance with city personnel rules. If the administrative municipal
judge terminates the employment of a bailiff, the city marshal shall remove the
appointment and commission of the bailiff as a deputy city marshal.
   (d)   Appeals from disciplinary actions taken by the administrative judge
shall be to the city manager or his designee and then to the trial board in
cases where that body has jurisdiction. If a bailiff whose employment has been
terminated is reinstated during the appeal process, then the bailiff shall be
reappointed as a bailiff by the administrative municipal judge and reappointed
and recommissioned by the city marshal as a deputy city marshal. (Ord. Nos.
18477; 18837; 19802)
SEC. 13-7.   DEPARTMENT OF DALLAS MUNICIPAL COURT CREATED; DIRECTOR.
   There is hereby created the department of Dallas municipal court, the
director of which shall be the clerk of the municipal court of record who shall
be known as the municipal clerk. (Ord. Nos. 18477; 19802; 22669; 32557)
SEC. 13-8.   DUTIES OF THE MUNICIPAL CLERK; COURT ADMINISTRATOR AND DIRECTOR;
DEPUTY CLERKS.
   (a)   The municipal clerk, who also holds the position of court
administrator and director of the department of Dallas municipal court, shall:
      (1)   prepare and maintain accurate dockets and minutes for each
municipal court of record division created under this article;
      (2)   have custody of all documents and papers relating to the business
of the municipal court of record divisions;
      (3)   supervise the collection of fines imposed by the municipal court of
record;
      (4)   maintain complaints for all cases in the municipal court of record
for which a complaint is required by law;
      (5)   supervise the administration of arrest warrants; and
      (6)   have all other powers and duties assigned to the municipal clerk by
the city charter, other city ordinances, Chapter 30 of the Texas Government
Code, or other state law.
   (b)   The municipal clerk may appoint deputy clerks who, when acting under
the municipal clerk’s direction, shall have the authority to perform all acts
required of the municipal clerk by the city charter, city ordinances, or state
law. (Code 1941, Art. 28-1; Ord. Nos. 8215; 15603; 17029; 18477; 19802; 22669;
24946; 30994; 32557)
SEC. 13-9.   RESERVED.
   (Repealed by Ord. 32557)
SEC. 13-10.   RESERVED.
   (Repealed by Ord. 32557)
SEC. 13-11.   RESERVED.
   (Repealed by Ord. 32557)
SEC. 13-12.   FIDELITY BONDS.
   The municipal clerk and all of his assistants having responsibilities for
collection of fines shall execute fidelity bonds in favor of the city in an
amount prescribed by the city council. The premium of the bond shall be paid by
the city. (Ord. Nos. 15603; 17029; 19802)
SEC. 13-13.   COLLECTION OF FINES.
   (a)   If a person to whom a citation has been issued for a traffic,
ordinance, or misdemeanor violation desires to plead guilty and pay a fine set
by the municipal judge for the violation charged, the municipal clerk shall
collect the amount set by the municipal court judge for that violation.
   (b)   If a person to whom a citation has been issued for a traffic,
ordinance, or misdemeanor violation does not plead guilty and pay a fine, the
municipal clerk shall cause the case to be docketed for trial. If the person is
found guilty of the violation, is assessed a fine by the municipal judge, and
desires to pay the fine assessed, the municipal clerk shall collect the fine
assessed.
   (c)   The municipal clerk is responsible for full and proper accounting of
all fines collected. He shall issue a receipt to a person who pays a fine with
cash money. (Code 1941, Art. 28-2; Ord. Nos. 8215; 17029; 19802)
SEC. 13-14.   MINUTES OF THE MUNICIPAL COURT OF RECORD.
   The municipal clerk shall maintain a record comprising the minutes of
proceedings before each municipal court of record division for five years. The
minutes shall contain the following:
      (1)   all entries required under Section
13-5(b)(3) of this chapter;
      (2)   the date of appeal in all cases appealed from the municipal court
of record to the county court of criminal appeals;
      (3)   the date or dates of confinement in all cases where a fine is
served; and
      (4)   the number of the receipt of payment in all cases where a fine is
paid. (Code 1941, Art. 28-1; Ord. Nos. 8215; 15603; 19181; 19802)
SEC. 13-15.   DISPOSITION OF COURT RECORDS.
   (a)   It shall be the duty of the municipal clerk to preserve the records of
the municipal court of record in accordance with a record retention schedule
adopted by the city council and maintained on file in the city secretary’s
office.
   (b)   Municipal court of record dockets, minutes, warrants, complaints, bond
copies, motions, and citations may be reduced to a microphotograph, microfilm,
or other process by which the original records may be accurately copied,
reproduced, or originated on film, if the following conditions are met:
      (1)   The municipal clerk, or his designated representative, must check
and certify that each microfilm record is a true and correct duplication of the
original court record.
      (2)   An index to all microfilm records must be prepared and maintained.
      (3)   The public must have free access to any information, to which they
are entitled under law, that is contained in the microfilm records.
   (c)   A microfilm record made in compliance with Subsection (b) is an
original record and will be accepted by any court or administrative agency of
the state. When issued and certified by the municipal clerk, a copy of the
microfilm record on paper or film will be accepted as a certified copy of an
original record by any court or administrative agency of the state.
   (d)   Unless otherwise required by state or federal law, an original record
of the municipal court of record that is microfilmed in compliance with
Subsection (b) may be destroyed after the microfilm record has been checked and
certified as being a true and correct duplication of the original court record
in accordance with Subsection (b)(1); except, that any original court record,
the subject matter of which is in litigation, may not be destroyed until the
litigation is final.
   (e)   Unless otherwise required by state or federal law, a microfilm record
made in compliance with Subsection (b) may be destroyed in accordance with the
record retention schedule adopted for the municipal court of record and
maintained on file in the city secretary’s office. (Code 1941, Art. 28-5; Ord.
Nos. 8215; 19181; 19802)
SEC. 13-16.   RECORDING OF PROCEEDINGS; FEES.
   (a)   The municipal court of record shall comply with the recording
procedures set forth in Chapter 30 of the Texas Government Code.
   (b)   Upon request of the municipal judge or upon written request of one of
the parties to a trial, proceedings of the municipal court of record, limited
to trial testimony and motions before the court, shall be recorded. The
proceedings shall primarily be recorded electronically, but may be recorded by
a qualified court reporter. The defendant may, at his expense, have a court
reporter present in the courtroom during the proceedings.
   (c)   The recording of municipal court of record proceedings shall be kept
and stored for not less than 20 days beginning the day after the last day of
the court proceeding, trial, or denial of motion for new trial, whichever
occurs last. The proceedings that are appealed shall be transcribed from the
recording by a court reporter or other person authorized to transcribe the
court of record proceedings. The court reporter or other person transcribing
the recorded proceedings is not required to have been present at the
proceedings when they were recorded.
   (d)   The defendant shall pay for any transcription of the recorded
proceedings unless the court finds, after a hearing in response to an affidavit
by the defendant, that the defendant is unable to pay or give security for the
transcription.
   (e)   Before the recorded proceedings are transcribed, the defendant shall,
unless found by the court to be unable to pay for the transcription, post a
cash deposit with the municipal clerk for the estimated cost of the
transcription. The cash deposit shall be based on the length of the
proceedings, as indicated by the amount of tape used to electronically record
the proceedings, and the costs of court reporter, typing, and other incidental
services. The municipal clerk shall post a current schedule of charges for
transcription fees, including deposits. If the cash deposit exceeds the actual
cost of the transcription, the municipal clerk shall refund the difference to
the defendant. If the cash deposit is insufficient to cover the actual cost of
the transcription, the defendant must pay the additional amount before he is
given the transcription. If a case is reversed on appeal, the municipal clerk
shall refund to the defendant any amounts paid for a transcription. (Ord. Nos.
19802; 24946)
SEC. 13-17.   APPEALS FROM THE MUNICIPAL COURT OF RECORD.
   A defendant who pleads not guilty has the right of appeal from a judgment of
conviction in the municipal court of record under the procedures prescribed by
Chapter 30 of the Texas Government Code. A defendant who pleads guilty or nolo
contendere waives the right of appeal from a judgment in the municipal court of
record. An appeal from the municipal court of record may not be by trial de
novo. All appeals from the municipal court of record must comply with the
requirements and procedures set forth in Chapter 30 of the Texas Government
Code and other applicable law. (Ord. Nos. 19802; 24946)
SEC. 13-18.   RECORD OF CASE ON APPEAL.
   If a case is appealed from the municipal court of record to the county
criminal court, or other court to which an appeal may be made, the municipal
clerk shall cause a record of the case to be prepared from the transcript and
the statement of facts, which must conform to the requirements of Chapter 30 of
the Texas Government Code. After approval of the record by the municipal judge,
the municipal clerk shall deliver the record and the appeal bond in the case to
the county clerk, or deputy county clerk, authorized by law to receive such
appeals. The municipal clerk shall procure from the county clerk or deputy
county clerk a receipt showing that the appeal in the particular case was
received. A full copy of the record on appeal must be kept in the office of the
municipal clerk. (Code 1941, Art. 28-3; Ord. Nos. 8215; 19802; 24946; 31395,
eff. 1/1/20)
SEC. 13-19.   RESERVED.
   (Repealed by Ord. 24978)
SEC. 13-20.   FORM OF APPEARANCE BONDS.
   Appearance bond forms, approved by any municipal judge, shall be printed and
retained in the office of the city jail, available without charge for use of
anyone desiring to submit an appearance bond and being released from jail
pending his appearance in the municipal court of record. Appearance bond forms
shall also be retained in the office of the municipal clerk, available without
charge for use of anyone desiring to submit an appearance bond in order to have
an alias case redocketed for trial. Each form of bond must be filled out
showing the signature of the official before whom the bond is executed, the
face amount of the bond, the names and addresses of the principal and sureties,
and the date. Any other bond approved by a municipal judge, or pursuant to any
order by a municipal judge complying with state law, may be accepted in lieu of
bonds printed on the approved form provided for in this section. (Code 1941,
Art. 28-6; Ord. Nos. 8215; 19802)
SEC. 13-21.   DELIVERY OF APPEARANCE BONDS TO MUNICIPAL CLERK; DESTRUCTION OF
CERTAIN RECORDS.
   Within 24 hours after acceptance by the office of the city jail, each
appearance bond shall be delivered to and retained by the municipal clerk, such
bonds to be a part of the records of the municipal court of record. The
municipal court of record may at any time order the destruction of any of these
records; provided, that no records shall be destroyed which pertain to any case
not yet disposed of or which has been disposed of within less than 12 months.
(Code 1941, Art. 28-7; Ord. Nos. 8215; 19802)
SEC. 13-22.   ALTERNATIVE METHODS FOR PAYMENT OF FINES; IMPRISONMENT FOR
DEFAULT IN PAYMENTS.
   When a defendant is convicted of any offense over which the municipal court
of record has jurisdiction, a judgment that the defendant pay a fine may also
direct that payment of the fine be made within a limited time or in
installments on specified dates and that, on default of payment as stipulated,
the defendant shall be imprisoned until the fine is satisfied in full. Unless
such direction is given in the judgment, the fine is payable immediately. Any
judgment providing for an installment payment must be in writing, with a copy
being given to the defendant and a copy being signed by the defendant
acknowledging his receipt of the copy. It is expressly provided that if the
defendant has duly posted an appearance bond, appeal bond, or cash escrow
deposit, he shall remain free pending further disposition of his case. (Code
1941, Art. 28-8; Ord. Nos. 8215, 13216; 19802)
SEC. 13-23.   APPEAL BONDS.
   (a)   Forms of bonds of appeal of any cause from the municipal court of
record, approved by any municipal judge, shall be printed and retained in the
office of the municipal clerk and made available without charge to any person
desiring to appeal from any order of the municipal court of record. Any other
appeal bond approved by a municipal judge and complying with the state statutes
with reference to appeal bonds may be accepted by a municipal judge in lieu of
bonds printed on the approved form provided for in this subsection.
   (b)   An appeal bond must be in the amount of $50 or double the amount of
the fines and costs adjudged against a defendant, whichever is greater. An
appeal bond must:
      (1)   state that the defendant was convicted in the case and has
appealed; and
      (2)   be conditioned on the defendant’s appearance, upon notice, in the
court to which the appeal is taken. (Code 1941, Art. 28-9; Ord. Nos. 8215;
19802)
SEC. 13-24.   RECOGNIZANCE BEFORE TRIAL.
   (a)   A person in the city jail charged with violating a provision of this
code or other city ordinance may be discharged from the jail on his own
recognizance if he executes a recognizance agreement on a form provided for
that purpose and delivers it and an escrow deposit to the municipal clerk. The
escrow deposit must be an amount of cash equal to that amount set by the
municipal judges for the offense charged. The municipal clerk shall perform
this duty subject to the direction of the city manager.
   (b)   Recognizance agreement forms shall be kept in the offices of the city
jail and the municipal court of record. These forms shall be serially numbered
in triplicate so that the agreements may be prepared with an original (which
within 24 hours after its acceptance shall be delivered to the municipal clerk,
together with the jail arrest card prepared in the case), a duplicate (which
may be delivered to the person charged), and a triplicate (which shall be
delivered to the municipal clerk together with the escrow deposit accepted with
the agreement). A recognizance agreement must include:
      (1)   a description of the offense with which the person has been
charged;
      (2)   the agreement of the person charged to appear in the municipal
court of record before a municipal judge on a certain date and hour; and
      (3)   a statement that upon failure of the person executing the agreement
to appear before the municipal judge, or to cause someone on his behalf to
appear, the amount, or any part of the amount, paid as an escrow deposit in
lieu of an appearance bond may on default be assessed as a fine against the
person and the escrow deposit applied as payment of the fine.
   (c)   A person who makes an escrow deposit when executing a recognizance
agreement shall be entitled to a return of his deposit if he:
      (1)   at any time, in lieu of the deposit, submits an appearance bond
that is found sufficient by a municipal judge;
      (2)   complies with the terms of the agreement and, at a hearing before a
municipal judge, is acquitted or the proceedings dismissed; or
      (3)   after complying with the terms of the agreement and being fined,
pays the fine or executes an appeal bond that is approved and filed;
otherwise, as the recognizance agreement shall provide, the amount of the
escrow deposit shall be applied to the payment of the fine and all costs in the
case, with any balance to be returned to the person. (Code 1941, Art. 28-10;
Ord. Nos. 8215; 15279; 17029; 19802)
SEC. 13-25.   RETURN OF DEPOSITS MADE WITH RECOGNIZANCE AGREEMENTS.
   If any sum is returnable to a person who has made an escrow deposit with the
execution of a recognizance agreement, it shall be returned by the municipal
clerk who shall obtain an appropriate receipt from the person. (Code 1941, Art.
28-11; Ord. Nos. 8215; 17029; 19802)
SEC. 13-26.   CITY OFFICIALS OR EMPLOYEES NOT TO RECOMMEND ATTORNEYS OR
SURETIES.
   No appointive official of the city or employee of the city in any capacity
may recommend to any person charged with a violation of any provision of this
code or other city ordinance a lawyer for representing the person in the matter
or a person for serving as surety on any bond for the person in the matter. The
penalty for a violation of this section by an official or employee of the city,
in addition to any other penalty which may be now or hereafter provided for,
shall include, at the option of the appointive power and after a determination
that a violation of this section has occurred, immediate discharge of the
official or employee in the manner provided for in the city personnel rules.
(Code 1941, Art. 28-12; Ord. Nos. 8215; 19802)
SEC. 13-27.   TRAFFIC CITATIONS AND COMPLAINTS TO BE DELIVERED TO THE MUNICIPAL
CLERK.
   The chief of police and the directors of other city departments authorized
to issue citations to the municipal court of record shall deliver to the
municipal clerk, at least once every 24 hours, the court copy of every citation
issued by the department. (Code 1941, Art. 28-14; Ord. Nos. 8215; 15279; 17029;
19802)
SEC. 13-28.   VIOLATION OF PROMISE TO APPEAR.
   (a)   A person lawfully released from custody, whether by posting of bond or
by signing a written notice to appear, on condition that he subsequently appear
in the municipal court of record, commits an offense if he fails to appear in
the municipal court of record in accordance with the terms of his release.
   (b)   The requirement for appearance in the municipal court of record is met
if counsel appears on behalf of a person required to appear.
   (c)   For purposes of this section, “custody” means an arrest or a detention
for purposes of issuing a written citation by a police officer or by a person
authorized to issue citations under Section
13-1.1 of this chapter.
   (d)   An offense committed under this section is punishable by a fine of not
less than $50 nor more than $500. (Ord. Nos. 17030; 17226; 19802)
SEC. 13-28.1.   LOCAL CONSOLIDATED FEE.
   (a)   Pursuant to Chapter 134 of the Texas Local Government Code, as
amended, the municipal clerk shall collect a local consolidated fee of $14 for
each misdemeanor offense conviction, in addition to any other fines, penalties,
or court costs required by city ordinance or state or federal law.
   (b)   The local consolidated fee collected under this section must be
deposited and allocated in accordance with Section 134.103(b) of the Texas
Local Government Code as follows:
      (1)   Municipal court building security fund. Funds may only be used for
security personnel services, and items related to buildings that house the
operation of municipal court. A non-exhaustive list of potential uses included
in Article 102.017(c) of the Texas Code of Criminal Procedure.
      (2)   Local truancy prevention and diversion fund. Per Section 134.156 of
the Texas Local Government Code, funds may only be used to finance the salary,
benefits, training, travel expenses, office supplies, and other necessary
expenses relating to the position of juvenile case manager. Funds may not be
used to supplement the income of an employee whose primary role is not as a
juvenile case manager.
      (3)   Municipal court technology fund. Fund may only be used to finance
the purchase of or to maintain technological enhancements for a municipal
court. A non-exhaustive list of potential uses is included in Article 102.0172
(b) of the Texas Code of Criminal Procedure.
       (4)   Municipal jury fund. Per Section 134.154 of the Texas Local
Government Code, funds may only be used for juror reimbursement and to
otherwise fund finance jury services. (Ord. Nos. 22669; 23263; 31395; 32003)
SEC. 13-28.2.   RESERVED.
   (Repealed by Ord. No. 31395)
SEC. 13-28.3.   REIMBURSEMENT FEE FOR CERTAIN PAYMENTS THROUGH THE INTERNET OR
AN INTERACTIVE VOICE RESPONSE TELEPHONE SYSTEM.
   (a)   Pursuant to Chapter 132 of the Texas Local Government Code, as
amended, the municipal clerk may collect a reimbursement fee up to an amount
not to exceed five percent of the amount of the fee, fine, court cost, or other
charge being paid for each payment of fines, penalties, court costs, or other
fees assessed by the municipal court made through:
      (1)   the internet, when the payment is made by check, debit card, or
credit card; or
      (2)   an interactive voice response telephone system, when the payment is
made by credit card.
   (b)   The reimbursement fee collected under this section must be deposited
in the general fund of the city or the municipality must approve any fee
charged by a vendor under a contract authorized to provide services through the
internet. (Ord. Nos. 27362; 28423; 29149; 31395; 32003)
ARTICLE III.
RESERVED.
SEC. 13-29.   RESERVED.
   (Repealed by Ord. 19802)
ARTICLE IV.
PRISONERS GENERALLY.
SEC. 13-30.   PROPERTY OF PRISONERS - SEARCHING; RECORD OF VALUABLES.
   Whenever any person under arrest by any police officer of the city shall be
confined in the city jail and before his confinement in the city jail, he shall
be searched by any police officer or jailer or jail guard, and any articles or
thing of value whatever shall be taken from the person imprisoned. It shall be
the duty of the jailer or jail guard, whether day or night man, to make an
itemized record of each article or thing of value whatever taken from the
person of anyone so imprisoned, and it shall be the duty of the jailer or jail
guard to sign the record as to each person imprisoned from whom any article or
thing of value is taken. (Code 1941, Art. 113-1; Ord. 8175)
SEC. 13-31.   SAME - DELIVERY TO CLAIMANT.
   If any person shall claim to be the owner of any article or thing of value
taken from the person of any prisoner, the chief of police shall turn over and
deliver the same to the person claiming it if in his opinion such person is the
owner. (Code 1941, Art. 113-2; Ord. 8175)
SEC. 13-32.   SAME - AUTHORITY TO SELL UNCLAIMED PROPERTY.
   In the event the true owner does not claim any property or article of value
deposited with the chief of police as provided in this article and the same
shall have remained in his custody for as long as four months from the time it
was originally delivered into his custody, without being claimed or reclaimed
by the owner, whether known or not, may be sold and disposed of at public
auction, as provided in this article. (Code 1941, Art. 113-3; Ord. 8175)
SEC. 13-33.   SAME - DELIVERY TO PURCHASING AGENT.
   The chief of police shall give to the purchasing agent of the city a list of
all property subject to sale hereunder and shall thereafter deliver such
property to the purchasing agent before the date of sale, and take a receipt
from such purchasing agent showing in detail all property so delivered. (Code
1941, Art. 113-4; Ord. 8175)
SEC. 13-34.   SAME - NOTICE AND MANNER OF SALE.
   Thirty days notice of time and place of sale of all property subject to sale
as provided in this article shall be posted at the courthouse door at the
county and at any regular entrance to the city hall and a copy thereof sent by
registered mail to the last-known address of the owner, in the event the name
of the owner is known to the purchasing agent, and thereafter such property
shall be offered for sale at public auction to the highest bidder for each
piece of property or assembled in lots, whichever in the discretion of the
purchasing agent of the city shall offer the best price obtainable for such
property. (Code 1941, Art. 113-5; Ord. 8175)
SEC. 13-35.   SAME - DEPOSIT OF PROCEEDS OF SALE.
   The proceeds of the sale provided for in the preceding section shall be
deposited to the credit of the appropriate city fund. (Code 1941, Art. 113-6;
Ord. Nos. 8175; 29645)
SEC. 13-36.   SAME - CITY OFFICERS AND EMPLOYEES NOT TO PURCHASE AT SALES.
   It shall be unlawful for any police officer or other officer or employee of
the city, either directly or indirectly, to purchase at such sale or in any
manner acquire the ownership at such sale of any article or property taken from
a city prisoner. (Code 1941, Art. 113-7; Ord. 8175)
SEC. 13-37.   USE OF FORCE TO RESTRAIN PRISONERS.
   The chief of police, or any police officer, may, in order to restrain or
control prisoners, use such reasonable force as does not amount to cruel or
unusual punishment. (Code 1941, Art. 112-1; Ord. 8154)
SEC. 13-38.   SUPERVISION OF PRISON GENERALLY; SEPARATION OF PRISONERS BY
SEXES.
   There shall be someone in charge of the prison at all hours ready to receive
the prisoners. Male and female prisoners shall be kept separate. (Code 1941,
Art. 112-2; Ord. 8154)
SEC. 13-39.   FEEDING PRISONERS.
   It shall be the duty of the person in charge of the prisoners to see that
all prisoners get their meals on time, and are well cared for. (Code 1941, Art.
112-3; Ord. 8154)
SEC. 13-40.   RESERVED.
SEC. 13-41.   CONVERSING WITH PRISONERS.
   It shall be unlawful for any person outside the city prison to hold any
conversation with any of the inmates thereof without first obtaining permission
of the jail supervisor or person in charge of prisoners. (Code 1941, Art. 112-
5; Ord. 8154)
SEC. 13-42.   “CITY PRISONERS” DEFINED; WORKING PRISONERS; CONTROL OF PRISONERS
GENERALLY.
   All persons who shall be convicted of any offense whatever in the municipal
court of the city, and who shall make default in the payment of any and all
fines, charges and penalties that may be imposed by such judgment of
conviction, are hereby defined and shall be designated as city prisoners, and
shall be required to do manual labor on any property, premises or public works
of the city, or belonging to the city, wherever the same may be situated or
located. Such prisoners shall at all times be in the charge of and under the
control, direction and instructions of the peace officers of the city, and,
when such prisoners are not at actual labor, they shall be confined in the
prison house or jail or holdover situated in the city, as may be most
convenient, and shall at all times be under the rules and regulations adopted
by the city council for such prisoners. (Code 1941, Art. 112-6; Ord. 8154)
SEC. 13-43.   ALLOWANCE FOR LABOR.
   All prisoners, as that term is defined in the preceding section, shall be
allowed the sum of five dollars per day for all labor performed by them, which
sum shall be credited upon the amount of the fine and penalty imposed upon such
prisoner as shown by the judgment of conviction of same; provided, that the
city shall furnish to each prisoner, while in its custody, a reasonable and
sufficient amount of wholesome food for the proper nourishment and sustenance
of such prisoner, and such medical attention and drugs and medicine as may be
necessary for the purpose of treatment and care of such prisoner while in the
custody of the city. (Code 1941, Art. 112-7; Ord. Nos. 8154, 13217)
SEC. 13-44.   RESERVED.
SEC. 13-45.   PAROLE OF PRISONERS - AUTHORITY OF MANAGER; RECOMMENDATION OF
POLICE CHIEF.
   The city manager shall have authority to parole prisoners who are confined
in the municipal jail by reason of the fact that they have been unable to pay
the fine assessed by the judge of the municipal court of the city; provided,
however, that before any parole shall be granted by the city manager, the same
shall have been recommended by the chief of police of the city. (Code 1941,
Art. 112-9; Ord. 8154)
SEC. 13-46.   SAME - REASON TO BE STATED; FILING COPY.
   All paroles recommended by the chief of police and issued by the city
manager shall contain a statement of the facts upon which such parole is based
and the reason for recommending the same. A copy of the parole and other papers
in connection therewith shall be filed in the office of the city secretary, who
shall keep a separate file concerning paroled prisoners. (Code 1941, Art. 112-
10; Ord. 8154)
SEC. 13-47.   SAME - CONDITIONS AND LIMITATIONS.
   The city manager shall have the power and authority to impose such
conditions and limitations upon a parole as in his discretion seem just and
advisable under the circumstances of each particular case. (Code 1941, Art.
112-11; Ord. 8154)
SEC. 13-48.   ESCAPE.
   It shall be unlawful for any person, while in custody as a prisoner of the
city, either awaiting trial or having been convicted, to escape from such
custody, or attempt to escape therefrom, without having first been duly
discharged from such custody aforesaid. (Code 1941, Art. 112-12; Ord. 8154)
SEC. 13-49.   PENALTY FOR VIOLATION OF ARTICLE.
   Any person violating any of the provisions of this article shall be punished
in accordance with Section
13-1, and, in addition, any officer or employee or the city violating any of
the provisions of this article may be removed, suspended or reduced in grade by
the city manager or the head of the department in which he is employed or by
the city council, as the case may be, pursuant to the charter, ordinances and
civil service regulations of the city. (Code 1941, Art. 113-8; Ord. 8175)
CHAPTER 13A
DALLAS TRANSIT SYSTEM
Sec.
13A-1.   Created; purpose.
Sec.
13A-2.   Personnel rules and social security.
Sec.
13A-3.   Assurances to department of labor.
Sec.
13A-4.   Dallas area rapid transit authority.
Sec.
13A-5.   Irregular route transit services.
Sec.
13A-6.   Purchases and sales.
Sec.
13A-7.   Claims for damage or injury.
Sec.
13A-8.   Smoking.
Sec.
13A-9.   Refusing to pay fare.
Sec.
13A-10.   Penalty.
Sec.
13A-11.   Free transportation.
SEC. 13A-1.   CREATED; PURPOSE.
   There is hereby created a city department to be known as the Dallas transit
system for the purpose of providing public mass transportation for the general
public of the city, contiguous unincorporated areas and adjoining
municipalities, the head of which shall be the general manager who shall be
appointed by the city manager. In addition to the general manager, the Dallas
transit system shall be comprised of such assistants and employees as the city
council may authorize upon recommendation of the city manager. (Ord. 18515)
SEC. 13A-2.   PERSONNEL RULES AND SOCIAL SECURITY. 
   (a)   Employees of the Dallas transit system shall be governed by the
personnel rules of the city except as otherwise provided in the personnel
policies and employees benefit manual of the Dallas transit system adopted by
the Dallas Transit Board and effective October 1, 1984. In the event of
conflict, the provisions of the transit system personnel policies and employee
benefit manual shall prevail. The general manager may hereafter modify these
departmental rules provided he has notified employees and/or their
representatives in advance and given them an opportunity to present their
views. Any proposed change of the departmental rules is subject to hearing and
review by the city manager or his designee before implementation upon request
by employees or their representatives. Further, employees and/or their
representatives may propose modifications of the departmental rules to the
general manager, and obtain hearing and review by the city manager or his
designee.
   (b)   Employees of the Dallas transit system shall participate in the
federal social security system, as required by federal law. The director of
finance shall make provisions for the necessary social security payments to the
proper department of the United States government. (Ord. 18515)
SEC. 13A-3.   ASSURANCES TO DEPARTMENT OF LABOR.
   It shall be the duty of the city manager to make such assurances to the
United States Department of Labor as may be required by federal law regarding
the protection of Dallas transit system employee benefits in connection with
the provisions of federal grants. (Ord. 18515)
SEC. 13A-4.   DALLAS AREA RAPID TRANSIT AUTHORITY.
   The Dallas transit system, under the direction of the general manager, shall
provide public mass transportation service for the Dallas area rapid transit
authority as required by the terms and conditions of any interlocal service
agreement between the city and the Dallas area rapid transit authority. (Ord.
18515)
SEC. 13A-5.   IRREGULAR ROUTE TRANSIT SERVICES.
   The general manager shall prescribe rules and regulations for charter
service, contract service or any other special service which is not ordinarily
a regular route transit service of the system. The general manager shall
operate such services in coordination with the Dallas area rapid transit
authority when required by any interlocal service agreement. (Ord. 18515)
SEC. 13A-6.   PURCHASES AND SALES.
   (a)   Purchases of supplies, services, and equipment for the transit system
shall be made according to applicable provisions of the city charter, this
code, and state law.
   (b)   The sale of surplus or obsolete transit system buses may be made by
negotiation, rather than by auction, when authorized by resolution of the city
council. No negotiated sale may be completed until the price is approved by the
city council. (Ord. 18515)
SEC. 13A-7.   CLAIMS FOR DAMAGE OR INJURY.
   (a)   The general manager and the city attorney are authorized to
investigate, settle, and recommend disposition of claims for damage or injury
which are alleged to have resulted from the negligent act or omission of an
employee of the transit system. For the payment of these claims, the city
controller shall establish a Dallas transit system claim fund. This fund shall
be used only for the payment of settled claims.
   (b)   Checks drawn on this fund with preprinted signatures of the city
manager and the city controller, but requiring additional signatures for
payment, shall be issued to the general manager. These checks may be used to
pay settled claims without further city approvals as follows:
      (1)   Claims investigators designated by the general manager are
authorized to sign checks for the payment of claims that are settled for an
amount that does not exceed $1,000.
      (2)   The general manager and the director of claims are authorized to
sign checks for the payment of claims that are settled for an amount that is
more than $1,000 but does not exceed $5,000, both signatures being required on
each check.
   (c)   The city controller shall periodically audit the fund to determine
whether it is in balance and may establish procedures for use of the fund.
   (d)   The general manager shall prepare a monthly report giving a complete
analysis of all claim activities. (Ord. 18515)
SEC. 13A-8.   SMOKING.
   (a)   A person commits an offense if he smokes a cigar, cigarette, pipe, or
any substance in a transit system bus.
   (b)   The operator of a transit system bus commits an offense if he
knowingly permits a person to smoke a cigar, cigarette, pipe, or any substance
in a transit system bus. (Ord. 18515)
SEC. 13A-9.   REFUSING TO PAY FARE.
   A person commits an offense if he refuses to pay the established fare,
without delay, for transportation on a transit system bus when demanded by the
operator or person in charge of the bus. (Ord. 18515)
SEC. 13A-10.   PENALTY.
   (a)   An offense committed under Section
13A-8 is punishable by a fine not to exceed $2,000.
   (b)   An offense committed under Section
13A-9 is punishable by a fine not to exceed $500. (Ord. Nos. 18515; 19963)
SEC. 13A-11.   FREE TRANSPORTATION.
   The Dallas transit system will not furnish free transportation or other free
service to any person without council approval. All service furnished by the
system will be charged for at the established rate to all persons, including
employees from departments and agencies of the city, of the transit system or
of any other public body; except that this restriction shall not apply to
policemen, firemen and transit employees in uniform and in performance of their
duties, or to any other group to which it shall be made inapplicable by action
of the city council. (Ord. 18515)
CHAPTER 14
DANCE HALLS
Sec.
14-1.   Definitions.
Sec.
14-2.   License required.
Sec.
14-2.1.   Location of Class E dance halls within 1,000 feet of a business
serving or selling alcoholic beverages.
Sec.
14-2.2.   Reserved.
Sec.
14-2.3.   Exemption from locational restrictions for late-hours permits.
Sec.
14-2.4.   Exemption from locational restrictions for Class E dance halls.
Sec.
14-3.   Issuance of license; posting.
Sec.
14-3.1.   Late-hours permit.
Sec.
14-4.   Fees.
Sec.
14-5.   Hours of operation.
Sec.
14-6.   Inspection.
Sec. 14-6.1   Identification records.
Sec.
14-7.   Dance hall supervisor.
Sec.
14-8.   Persons under 17 prohibited.
Sec.
14-8.1.   Persons under 14 and over 18 prohibited.
Sec.
14-8.2.   Reserved.
Sec.
14-9.   Expiration of license.
Sec.
14-10.   Suspension.
Sec.
14-11.   Revocation.
Sec.
14-11.1.   Surrender of license after suspension, revocation, or denial of
renewal.
Sec.
14-12.   Appeals.
Sec.
14-13.   Transfer of license or late-hours permit.
Sec.
14-14.   Penalty.
Sec.
14-15.   Injunction.
SEC. 14-1.   DEFINITIONS.
   In this chapter:
      (1)   APPLICANT means:
         (A)   a person in whose name a license to operate a dance hall will be
issued;
         (B)   each individual who signs an application for a dance hall
license as required by Section
14-2(c);
         (C)   each individual who is an officer of a dance hall business for
which a license application is made under Section
14-2, 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 dance hall business for which a license application is made under
Section
14-2, 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 dance hall business for which a license application is made under Section
14-2, regardless of whether the individual’s name or signature appears on the
application.
      (2)   DANCE HALL means a place where:
         (A)   dancing by patrons or customers is permitted; or
         (B)   dance or any similar live performance is presented to the
public.
      (3)   CLASS A DANCE HALL means any place where dancing is permitted three
days or more a week.
      (4)   CLASS B DANCE HALL means any place where dancing is permitted less
than three days a week.
      (5)   CLASS C DANCE HALL means any place where dancing is scheduled one
day at a time.
      (6)   CLASS E DANCE HALL means any place where dancing is permitted seven
days a week for persons from age 14 through age 18 only.
      (7)   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.
      (8)   HOTEL OR MOTEL means a hotel or motel as defined in the Dallas
Development Code, as amended.
      (9)   IN SESSION means the status of a school during the fall or spring
term when students are required to attend the school.
      (10)   LATE-HOURS PERMIT means a permit authorizing a licensee to operate
a Class A, B, or C dance hall until 4:00 a.m.
      (11)   LICENSE means a permit to operate a dance hall.
      (12)   LICENSEE means:
         (A)   a person in whose name a license to operate a dance hall has
been issued;
         (B)   each individual listed as an applicant on the application for a
dance hall license;
         (C)   each individual who is an officer of a dance hall 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 dance hall 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 dance hall 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.
      (13)   PERSON means an individual, partnership, corporation, association,
or other legal entity.
      (14)   PRIVATE CLUB means an association of persons for the promotion of
some common object, which operates not for a profit a place for the
accommodation of its members and guests only.
      (15)   SCHOOL means a public or private elementary or secondary school.
      (16)   TRANSFER OF OWNERSHIP OR CONTROL of a dance hall 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. (Ord. Nos. 15721; 18725; 18803; 18994;
19241; 21184; 21837; 23137; 24440; 24541)
SEC. 14-2.   LICENSE REQUIRED.
   (a)   A person commits an offense if he operates a dance hall without a
license.
   (b)   An application for a license must be made on a form provided by the
chief of police. Only a person who is an officer of or who has an ownership
interest in a dance hall business may apply for a license for the dance hall.
Each applicant must be qualified according to the provisions of this chapter.
   (c)   A person who wishes to operate a dance hall must sign the application
for a license as an applicant. If a person who wishes to operate a dance hall
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. Each applicant must meet the
requirements of Section
14-3(a), and each applicant will be considered a licensee if a license is
granted.
   (d)   It is a defense to prosecution under this chapter that the actor is
conducting a dance at:
      (1)   a private residence from which the general public is excluded;
      (2)   a place owned by the federal, state, or local government;
      (3)   a public or private elementary school, secondary school, college,
or university;
      (4)   a place owned by a religious organization;
      (5)   a location where no more than three dances a month are conducted
and the actor is a private club;
      (6)   a hotel or motel that contains a dance hall that is not promoted or
advertised for use by members of the general public who are not occupants of
the hotel’s or motel’s guest rooms;
      (7)   an establishment that:
         (A)   has a restaurant certificate of occupancy;
         (B)   has a valid food and beverage certificate issued by the Texas
Alcoholic Beverage Commission;
         (C)   derives 50 percent or more of its gross revenues on a quarterly
basis from the sale of food and nonalcoholic beverages; and
         (D)   does not charge an entrance or admission fee; or
      (8)   an establishment where:
         (A)   persons contract for instruction in dance methods, styles,
techniques, and disciplines recognized by professional dance organizations;
         (B)   the dance instruction is only provided by persons trained in
dance methods, styles, techniques, and disciplines recognized by professional
dance organizations;
         (C)   no dancing occurs on the premises except by:
            (i)   a person employed or under contract to provide dance
instruction at the establishment; and
            (ii)   a person contracting for dance instruction at the
establishment; and
         (D)   the primary purpose of the dancing at the establishment is for
the education of the persons contracting for dance instruction and not for the
entertainment of the general public. (Ord. Nos. 15721; 19241; 21184; 21837;
23137; 24440; 24541)
SEC. 14-2.1.   LOCATION OF CLASS E DANCE HALLS WITHIN 1,000 FEET OF A BUSINESS
SERVING OR SELLING ALCOHOLIC BEVERAGES.
   (a)   In this section, BUSINESS THAT SERVES OR SELLS ALCOHOLIC BEVERAGES
means a bar, lounge, tavern, or liquor store use, as defined in Section
51A-4.210 of the Dallas City Code, as amended.
   (b)   No license may be issued for a Class E dance hall under this chapter
if the dance hall will be located within 1,000 feet of a lawfully existing
business that serves or sells alcoholic beverages.
   (c)   For purposes of this section, measurements must be made in a straight
line, without regard to intervening structures or objects, from the nearest
entry door in the part of a building used as a Class E dance hall to the
nearest entry door in the part of a building used as a business that serves or
sells alcoholic beverages.
   (d)   If, on June 27, 1990, a business operating as a Class E dance hall is
located within 1,000 feet of a business that serves or sells alcoholic
beverages, then the business that was first lawfully established and
continually operating at that particular location is deemed a conforming use
and the later established business is deemed a nonconforming use. A
nonconforming use is exempted from the location requirement of Subsection (b)
of this section for the first three license renewals after June 27, 1990,
unless the use is sooner terminated for any reason or voluntarily discontinued
for a period of 30 days or more. A nonconforming use may not be increased,
enlarged, extended, or altered, except that the use may be changed to a
conforming use. (Ord. Nos. 20663; 21184; 23137; 24440)
SEC. 14-2.2.   RESERVED.
   (Repealed by Ord. 23137)
SEC. 14-2.3.   EXEMPTION FROM LOCATIONAL RESTRICTIONS FOR LATE-HOURS PERMITS.
   (a)   If the chief of police denies the issuance of a late-hours permit for
a Class A, B, or C dance hall to an applicant because the location of the dance
hall is in violation of Section
14-3.1 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
14-3.1.
   (b)   If a written request is filed under Subsection (a) of this section
with the city secretary within the 10- day limit, a permit and license appeal
board, created under 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
14-3.1 for a late-hours permit for a Class A, B, or C dance hall, whichever
applies, if it finds that:
      (1)   the location of the proposed dance hall will not have a detrimental
effect on nearby property or be contrary to the public safety or welfare;
      (2)   the location of the proposed dance hall will not downgrade the
property value or quality of life in any adjacent area or encourage the
development of urban blight;
      (3)   the location of the proposed dance hall operating under a late-
hours permit in the area will not be contrary to any program of neighborhood
conservation or interfere with any efforts of urban renewal or restoration; and
      (4)   all other applicable provisions of this chapter will be observed.
   (e)   The board shall grant or deny the exemption by majority vote. Failure
to reach a majority vote will result in denial of the exemption. Any dispute of
fact must 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, unless a two-year exemption is granted
under Subsection (g) of this section.
   (g)   Two-year exemptions.
      (1)   The board, by a majority vote, may grant a dance hall an exemption
from the locational restrictions of Section
14-3.1 for a two-year period after the date of the board’s action, if, in
addition to determining that the dance hall qualifies for an exemption under
Subsection (d) of this section, the board finds that:
         (A)   the dance hall has been granted an exemption from the locational
restrictions of Section
14-3.1 for the three consecutive years preceding the current exemption request;
         (B)   the applicant has not had any dance hall license suspended,
revoked, or denied within the 24 months preceding the exemption request; and
         (C)   no violations of this chapter have been committed by the
applicant, or by any employee of a dance hall of the applicant, within the 24
months preceding the exemption request.
      (2)   If the board grants a two-year exemption for a dance hall under
this subsection, the applicant is still required to annually obtain a dance
hall license and a late-hours permit for the dance hall and pay the required
license and permit fees in accordance with this chapter. If an annual late-
hours permit for the dance hall is denied under Section
14-3.1(c), then the two-year exemption becomes void, and a new exemption must
be obtained from the permit and license appeal board.
   (h)   Upon the expiration of an exemption, a dance hall operating under a
late-hours permit is in violation of the locational restrictions of Section
14-3.1, until the applicant applies for and receives another exemption.
   (i)   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.
   (j)   The grant of an exemption for a late-hours permit for a Class A, B, or
C dance hall does not exempt the applicant from any provision of this chapter
other than the locational restrictions of Section
14-3.1. (Ord. Nos. 21184; 21837; 23137; 24440; 25002)
SEC. 14-2.4.   EXEMPTION FROM LOCATIONAL RESTRICTIONS FOR CLASS E DANCE HALLS.
   (a)   If the chief of police denies the issuance of a Class E dance hall
license to an applicant because the location of the Class E dance hall is in
violation of Section
14-2.1 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
14-2.1.
   (b)   If a written request is filed under Subsection (a) of this section
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 shall grant an exemption from the
locational restrictions of Section
14-2.1 for a Class E dance hall if it finds that:
      (1)   a physical barrier exists between the proposed dance hall and the
business that serves or sells alcoholic beverages, such that the shortest
distance in any direction that a person would have to physically travel from
the nearest entry door in the part of the building used as the dance hall to
the nearest entry door in the part of the building used as the business that
serves or sells alcoholic beverages is not less than 1,000 feet;
      (2)   the character of the neighborhood surrounding the proposed dance
hall is conducive to youth programs and activities and contains other uses that
promote positive youth development;
      (3)   the public safety record for the premises of the proposed dance
hall and the surrounding businesses, including any business that serves or
sells alcoholic beverages, indicates that the area is reasonably safe for
persons from age 14 through age 18;
      (4)   the location of the Class E dance hall in the area will not be
contrary to any program of neighborhood conservation or development; and
      (5)   all other applicable provisions of this chapter will be observed.
   (e)   The board shall grant or deny the exemption by majority vote. Failure
to reach a majority vote will result in denial of the exemption. Any dispute of
fact must 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, a
Class E dance hall is in violation of the locational restrictions of Section
14-2.1 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 for a Class E dance hall does not exempt the
applicant from any provision of this chapter other than the locational
restrictions of Section
14-2.1. (Ord. Nos. 22416; 23137; 24440; 25002)
SEC. 14-3.   ISSUANCE OF LICENSE; POSTING.
   (a)   The chief of police shall approve 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 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)   Reserved.
      (4)   Reserved.
      (5)   An applicant has failed to answer or falsely answered a question or
request for information on the application form provided.
      (6)   An applicant or an applicant’s spouse has been convicted of a
violation of a provision of this chapter within two years immediately preceding
the application.
      (7)   Any fee required by this chapter has not been paid.
      (8)   An applicant or an applicant’s spouse 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 promotion of prostitution;
               (dd)   compelling prostitution;
               (ee)   obscenity;
               (ff)   sale, distribution, or display of harmful material to
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 offenses listed in Paragraph (10)(A)(i) through (iv) 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 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 dance
hall without a valid license issued under this chapter.
      (10)   Alcoholic beverages are possessed, consumed, or sold on premises
used or to be used by the applicant for a Class E dance hall.
      (11)   An applicant for a Class E dance hall license is in violation of
the locational requirements of Section
14-2.1 of this chapter.
      (12)   Operation of the proposed dance hall 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 or the applicant’s spouse 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 any class of dance hall 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 Section
14-3(a)(11) only, the applicant may be granted a license immediately upon
compliance with Section
14-2.1 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
dance hall 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)(6), the applicant may not apply for or be issued another dance
hall license until the time period required by Subsection (a)(6) has elapsed.
   (d)   The chief of police, upon approving issuance of a dance hall 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 dance hall
until the applicant has paid all fees required by this chapter and obtained
possession of the license.
   (e)   The license must state on its face the name of the person to whom it
is granted, the expiration date, the address of the dance hall, and whether it
is issued for a Class A, Class B, Class C, or Class E dance hall.
   (f)   The license, along with any late-hours permit, must be posted in a
conspicuous place at or near the entrance to the dance hall so that it may be
easily read at any time. (Ord. Nos. 15721; 16067; 18725; 18803; 20663; 21184;
21837; 23137; 24206; 24440; 24541; 27697)
SEC. 14-3.1.   LATE-HOURS PERMIT.
   (a)   A person who is issued a Class A, Class B, or Class C dance hall
license may apply, on a form provided by the chief of police, for a late-hours
permit. Upon receipt of the application and payment of the late-hours permit
fee, the chief of police shall issue a late-hours permit to the applicant,
except that no late- hours permit may be issued for a dance hall located within
1,000 feet of:
      (1)   a boundary of a residential district as defined in
Chapter 41A of this code; or
      (2)   the property line of a lot devoted to a residential use as defined
in
Chapter 41A of this code, whether such use is within the city limits or not.
   (b)   For purposes of Subsection (a) of this section, measurement will be
made in a straight line, without regard to intervening structures or objects,
from the nearest part of the building or structure used as a part of the
premises where a dance hall is conducted, to the nearest boundary of a
residential district or property line of a lot devoted to a residential use.
   (c)   Dance halls with two-year exemptions from locational restrictions.
      (1)   Notwithstanding Subsection (a), upon receipt of a late-hours permit
application and payment of the late-hours permit fee for a dance hall that has
been granted a two-year exemption from locational restrictions by the permit
and license appeal board under Section
14-2.3 of this chapter, the chief of police shall issue a late-hours permit to
the applicant without requiring further action by the permit and license appeal
board, except that no late-hours permit may be issued if the chief finds that:
         (A)   the exemption has expired;
         (B)   the applicant has had a dance hall license suspended, revoked,
or denied within the 24 months preceding the application for the late-hours
permit; or
         (C)   the applicant, or any employee of a dance hall of the applicant,
has committed a violation of this chapter within the 24 months preceding the
application for the late-hours permit.
      (2)   If the chief of police denies a late-hours permit under Paragraph
(1) of this subsection, the dance hall’s two-year exemption from the locational
restrictions of this section becomes void, and the applicant must obtain
another exemption from the permit and license appeal board in accordance with
Section
14-2.3 before a late-hours permit may be issued for the dance hall.
   (d)   Once issued, a late-hours permit is considered a part of the license
for a Class A, Class B, or Class C dance hall and is valid only when the dance
hall license it accompanies is valid. (Ord. Nos. 18725; 21184; 21837; 23137;
24440; 25002)
SEC. 14-4.   FEES.
   (a)   The following nonrefundable fees will be charged for each license
issued under the terms of this chapter:
      (1)   For a Class A dance hall, the annual license fee is $526.
      (2)   For a Class B dance hall, the annual license fee is $526.
      (3)   For a Class C dance hall, the daily license fee is $526.
      (4)   For a Class E dance hall, the annual license fee is $526.
      (5)   For a late-hours permit, the annual fee is $526 in addition to the
license fee for a Class A, B, or C dance hall, whichever is applicable.
   (b)   In addition to the fees required by Subsections (a) and (c), an
applicant for an initial Class E dance hall license or an initial late-hours
permit shall, at the time of making application, pay a nonrefundable fee of
$2,375 for the city to conduct a survey to ensure that the proposed dance hall
is in compliance with the locational restrictions set forth in Section
14-2.1 or
14-3.1, whichever is applicable.
   (c)   In addition to the fees required by Subsections (a) and (b), an
applicant for an initial dance hall 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 dance hall 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 dance hall 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. 15721; 18411; 18725; 18803; 20612; 21184; 21837;
22206; 23137; 24440; 25047; 25048; 27697; 29477; 30653; 32002; 32003)
SEC. 14-5.   HOURS OF OPERATION.
   (a)   A person without a late-hours permit commits an offense if he operates
a Class A, Class B, or Class C dance hall between the hours of 2:00 a.m. and 7:
00 a.m., Monday through Saturday, or between 2:00 a.m. and 12:00 noon on
Sunday.
   (b)   A person with a late-hours permit commits an offense if he operates a
Class A, Class B, or Class C dance hall between the hours of 4:00 a.m. and 7:00
a.m., Monday through Saturday, or between 4:00 a.m. and 12:00 noon on Sunday.
   (c)   A person commits an offense if he operates a Class E dance hall during
any hours other than the following:
      (1)   when school is in session in the school district in which the dance
hall is located, between the hours of:
         (A)   4:00 p.m. and 10:00 p.m., Monday through Thursday;
         (B)   4:00 p.m. and 12:00 midnight, Friday;
         (C)   1:00 p.m. and 12:00 midnight, Saturday; and
         (D)   1:00 p.m. and 10:00 p.m., Sunday; or
      (2)   when school is not in session in the school district in which the
dance hall is located, between the hours of 1:00 p.m. and 12:00 midnight,
Monday through Sunday. (Ord. Nos. 15721; 18725; 18803; 21184; 23137; 24440)
SEC. 14-6.   INSPECTION.
   (a)   Representatives of the police department, the fire department, the
department of code compliance, and the building official may inspect the
premises of a dance hall, for the purpose of ensuring compliance with the law,
at any time it is open for business or occupied and at other reasonable times
upon request.
   (b)   A person who operates a dance hall or a person designated as the dance
hall supervisor commits an offense if he refuses to permit a lawful inspection
of the premises of a dance hall by a representative of the police department,
the fire department, the department of code compliance, or the building
official at any time the dance hall is open for business or occupied and at
other reasonable times upon request. (Ord. Nos. 15721; 18803; 21184; 22026;
23137; 23694; 24440; 27697)
SEC. 14-6.1.   IDENTIFICATION RECORDS.
   (a)   A person commits an offense if he operates a dance hall without
maintaining on the premises a current registration card or file that clearly
identifies:
      (1)   all employees of the dance hall; and
      (2)   all individuals who perform or otherwise provide entertainment at
the dance hall more than seven calendar days within any month.
   (b)   The registration card or file must contain the following information
for each employee or individual required to be registered under Subsection (a):
      (1)   Full legal name.
      (2)   Date of birth.
      (3)   Race and gender.
      (4)   Hair color, eye color, height, and weight.
      (5)   Current residence address and telephone number.
      (6)   Driver’s license number or other personal identification number.
      (7)   Social security number.
      (8)   Color photograph with a full face view.
   (c)   If a dance hall is located on premises that contain multiple uses,
only the employees and individuals that actually perform work associated with
the dance hall use are required to be registered and identified in compliance
with this section.
   (d)   All records maintained on an employee or individual in compliance with
this section must be retained at the dance hall for at least 90 days following
the date of any voluntary or involuntary termination of the employee’s or
individual’s employment or contract with the dance hall.
   (e)   A person who operates a dance hall or the person’s agent or employee
shall allow immediate access to these records by representatives of the police
department. (Ord. Nos. 24440; 24541)
SEC. 14-7.   DANCE HALL SUPERVISOR.
   (a)   A person who operates a dance hall must designate a person as dance
hall supervisor and register that person’s name with the chief of police.
   (b)   A person designated dance hall supervisor must remain on the premises
of the dance hall during the time dancing is permitted and until 30 minutes
after the end of the dance to ensure that the dance is conducted in an orderly
manner. (Ord. Nos. 15721; 21184; 23137; 24440)
SEC. 14-8.   PERSONS UNDER 17 PROHIBITED.
   (a)   No person under the age of 17 years may enter a Class A, Class B, or
Class C dance hall unless accompanied by a parent or guardian.
   (b)   A person commits an offense if he falsely represents himself to be
either a parent or guardian of a person under the age of 17 years for the
purpose of gaining the person’s admittance into a Class A, Class B, or Class C
dance hall.
   (c)   A licensee or employee of a Class A, Class B, or Class C dance hall
commits an offense if he knowingly allows a person under the age of 17 years to
enter or remain on the premises of the dance hall unless the person is
accompanied by a parent or guardian.
   (d)   A licensee of a Class A, Class B, or Class C dance hall commits an
offense if he maintains the premises without posting a sign at each entrance to
the business that reads: “It is unlawful for any person under 17 years old to
enter this location without a parent or guardian.” (Ord. Nos. 15721; 18803;
21184; 23137; 24440)
SEC. 14-8.1.   PERSONS UNDER 14 AND OVER 18 PROHIBITED.
   (a)   No person under the age of 14 years or over the age of 18 years may
enter a Class E dance hall.
   (b)   A person commits an offense if he is over the age of 18 years and:
      (1)   enters a Class E dance hall; or
      (2)   for the purpose of gaining admittance into a Class E dance hall, he
falsely represents himself to be:
         (A)   of an age from 14 years through 18 years;
         (B)   a licensee or an employee of the dance hall;
         (C)   a parent or guardian of a person inside the dance hall; or
         (D)   a governmental employee in the performance of official duties.
   (c)   A licensee or an employee of a Class E dance hall commits an offense
if he knowingly allows a person to enter or remain on the premises of the dance
hall who is:
      (1)   under the age of 14 years; or
      (2)   over the age of 18 years.
   (d)   It is a defense to prosecution under Subsections (b)(1) and (c)(2)
that the person is:
      (1)   a licensee or employee of the dance hall;
      (2)   a parent or guardian of a person inside the dance hall; or
      (3)   a governmental employee in the performance of official duties.
   (e)   A licensee of a Class E dance hall commits an offense if he maintains
the premises without posting a sign at each entrance to the dance hall that
reads: “It is unlawful for any person under 14 years old to enter this location
without a parent or guardian. It is unlawful for any person over 18 years old
to enter this location.” (Ord. Nos. 18803; 18994; 21184; 23137; 24440)
SEC. 14-8.2.   RESERVED.
   (Repealed by Ord. 23137)
SEC. 14-9.   EXPIRATION OF LICENSE.
   (a)   A license for a Class A, Class B, or Class E dance hall expires one
year from the date of issuance, except that a license for a Class E dance hall
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
14-2. 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.
   (b)   A late-hours permit for a Class A, Class B, or Class C dance hall
expires in conjunction with the accompanying dance hall license and may be
renewed only by making application as provided in Section
14-3.1.
   (c)   A license for a Class C dance hall expires at 2:00 a.m., or 4:00 a.m.
if a late-hours permit has been issued, on the day following the date of the
dance. (Ord. Nos. 15721; 18725; 18803; 20663; 21184; 21837; 22416; 23137;
24440)
SEC. 14-10.   SUSPENSION.
   The chief of police shall suspend a dance hall license for a period of time
not exceeding 30 days if the chief of police determines that a licensee or an
employee of a licensee has:
   (1)   violated Sections
14-3(c),
14-5,
14-8, or
14-8.1 of this chapter;
   (2)   refused to allow an inspection of the dance hall premises as
authorized in this chapter;
   (3)   knowingly permitted gambling by any person on the dance hall premises;
or
   (4)   knowingly permitted the possession, consumption, or sale of an
alcoholic beverage on the premises of a Class E dance hall. (Ord. Nos. 15721;
18803; 21184; 23137; 24440; 24541)
SEC. 14-11.   REVOCATION.
   (a)   The chief of police shall revoke a license if a cause of suspension in
Section
14-10 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 has given false or misleading information in the
material submitted to the chief of police during the application process.
      (2)   Reserved.
      (3)   A licensee or an employee has knowingly allowed possession, use, or
sale of controlled substances on the premises.
      (4)   A licensee or an employee has knowingly allowed prostitution on the
premises.
      (5)   A licensee or an employee knowingly permitted dancing or a live
performance during a period of time when the dance hall license was suspended.
      (6)   A licensee has been:
         (A)   convicted of an offense listed in Section
14-3(a)(8)(A) for which the time period required in Section
14-3(a)(8)(B) has not elapsed; or
         (B)   convicted of or is under indictment for any felony offense while
holding a dance hall license.
      (7)   While an employee of the dance hall and while on the licensed
premises, a person has committed an offense listed in Section
14-3(a)(8)(A), for which a conviction has been obtained, two or more times
within a 12-month period.
      (8)   A licensee of a Class E dance hall is in violation of the
locational requirements of Section
14-2.1 of this chapter.
      (9)   A licensee or an employee has violated Section
14-13 of this chapter.
      (10)   A licensee’s state license or permit to sell or serve alcoholic
beverages is revoked by the Texas Alcoholic Beverage Commission or a renewal
license or permit is refused to the licensee on grounds set forth in Section
11.46 of the Texas Alcoholic Beverage Code.
   (c)   The fact that a conviction is being appealed has no effect on the
revocation of the license.
   (d)   When the chief of police revokes a license, the revocation will
continue for one year, and the licensee may not apply for or be issued any
class of dance hall license for one year from the date revocation became final.
If, subsequent to revocation, the chief of police finds that the basis for the
revocation action 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 final. If the license was revoked under Subsection (b)(8)
only, the applicant may be granted a license immediately upon compliance with
Section
14-2.1 of this chapter. If the license was revoked under Subsection (b)(6), an
applicant may not apply for or be granted another license until the appropriate
number of years required under Section
14-3(a)(8)(B) has elapsed. (Ord. Nos. 15721; 16067; 18803; 20663; 21184; 21837;
23137; 24206; 24440; 24541)
SEC. 14-11.1.   SURRENDER OF LICENSE AFTER SUSPENSION, REVOCATION, OR DENIAL OF
RENEWAL.
   After receipt of notice of suspension, revocation, or denial of renewal of a
dance hall license, the licensee shall, on or before the date specified in the
notice, discontinue operating the dance hall and surrender the license to the
chief of police. (Ord. 24440)
SEC. 14-12.   APPEALS.
   If the chief of police denies the issuance or renewal of a license, suspends
or revokes a license, or denies issuance of a late-hours permit, the chief of
police shall send to the applicant or licensee, by certified mail, return
receipt requested, written notice of the action and the right to an appeal. The
aggrieved party may appeal the decision of the chief of police 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 chief of
police in suspending or revoking a license until the permit and license appeal
board makes a final decision. A suspension or revocation upheld by the board
takes effect on the first midnight that is at least 24 hours after the board
issues its decision. If within a 10-day period the chief of police suspends,
revokes, or denies issuance of a sexually oriented business license for the
same location involved in the chief’s actions on the dance hall license, then
the chief may consolidate the requests for appeals of those actions into one
appeal. (Ord. Nos. 15721; 16067; 18200; 19241; 21184; 21837; 23137; 24440)
SEC. 14-13.   TRANSFER OF LICENSE OR LATE-HOURS PERMIT.
   A licensee shall not transfer a license or late-hours permit to another, nor
shall a licensee operate a dance hall under the authority of a license, or a
late-hours permit, at any place other than the address designated in the
application. (Ord. Nos. 15721; 18725; 21184; 23137; 24440)
SEC. 14-14.   PENALTY.
   (a)   Any person who violates any provision of this chapter, except Sections
14-2.1 and
14-3.1, upon conviction, is punishable by a fine of not less than $200 or more
than $500. Any person who violates Section
14-2.1 or
14-3.1 of this chapter, upon conviction, is punishable by a fine of not less
than $200 or more than $2,000.
   (b)   Except where otherwise specified, a culpable mental state is not
required for the commission of an offense under this chapter. (Ord. Nos. 21184;
23137; 24440; 24541)
SEC. 14-15.   INJUNCTION.
   A person who operates or causes to be operated a dance hall without a valid
license or in violation of Section
14-2.1 of this chapter is subject to a suit for injunction as well as
prosecution for criminal violations. (Ord. Nos. 21184; 23137; 24440)
CHAPTER 14A
RESERVED
   (Repealed by Ord. 22026)
CHAPTER 14B
EMERGENCY MANAGEMENT
Sec.
14B-1.   Title.
Sec.
14B-2.   Intent and purpose.
Sec.
14B-3.   Definitions.
Sec.
14B-4.   Reserved.
Sec.
14B-5.   Director of the office of management services - powers and duties.
Sec.
14B-6.   Declaration of state of disaster.
Sec.
14B-7.   City manager - powers and duties.
Sec.
14B-8.   State-designated emergency management director and state- designated
emergency management coordinator - powers and duties.
Sec.
14B-9.   Powers and duties of city attorney during disaster.
Sec.
14B-10.   Appointment of special municipal court judges.
Sec.
14B-11.   Emergency management volunteers.
Sec.
14B-12.   Governmental function.
Sec.
14B-13.   Offenses; penalties.
SEC. 14B-1.   TITLE.
   This chapter shall be known and may be cited and referred to as the
Emergency Management Ordinance of the City of Dallas. (Ord. Nos. 15983; 17226;
25834)
SEC. 14B-2.   INTENT AND PURPOSE.
   (a)   The intent and purpose of this chapter is to establish an emergency
management program that will ensure the complete and efficient utilization of
all of the city’s personnel, facilities, and equipment to combat a disaster as
defined in this chapter.
   (b)   This chapter will not relieve any city department or office of the
legal responsibilities or authority delegated to it by statute, ordinance, or
the city charter.
   (c)   Nothing in this chapter may be construed to interfere with the
dissemination of news or comment on public affairs, but any communications
facility or organization, including radio and television stations, wire
services, and newspapers, may be required to transmit or print public service
messages furnishing information or instructions in connection with a disaster
or potential disaster. (Ord. Nos. 15983; 17226; 25834; 27697)
SEC. 14B-3.   DEFINITIONS.
   In this chapter:
      (1)   ATTACK or ACT OF TERRORISM means an assault against the city, its
government, or its environs, or an assault against the United States, by
domestic or foreign forces of a hostile nation or its agents including, but not
limited to, assault by bombing, radiological, chemical, or biological warfare
or sabotage.
      (2)   CONTRABAND means any article, substance, or property, the
possession or transportation of which is prohibited, that is subject to summary
destruction upon seizure by officers of the law.
      (3)   CURFEW means a regulation requiring withdrawal of persons from
streets, highways, alleys, sidewalks, vacant lots, parks, public buildings, or
any other public places in all or a delineated part of the city during the
stated hours when the regulation is in effect.
      (4)   DIRECTOR means the director of the office of management services.
      (5)   DISASTER means the occurrence or imminent threat of widespread or
severe damage, injury, or loss of life or property resulting from any natural
cause or man-made cause.
      (6)   EMERGENCY MANAGEMENT means the mitigation of, preparation for,
response to, and recovery from a disaster, and the maintaining of the public
peace, health, and safety during a disaster. The term includes plans and
preparations for protection from, and relief, recovery, and rehabilitation
from, the effects of a disaster. The term does not include any activity that is
the primary responsibility of the military forces of the United States or the
State of Texas.
      (7)   EMERGENCY MANAGEMENT FORCES means:
         (A)   the employees, equipment, and facilities of all city
departments, offices, boards, institutions, and commissions; and
         (B)   all volunteer personnel, equipment, and facilities contributed
by or obtained from volunteer persons or agencies.
      (8)   EMERGENCY MANAGEMENT VOLUNTEER means any person duly registered,
identified, and appointed by the director of the office of management services,
the city manager, or the mayor and assigned to participate in the emergency
management activity.
      (9)   MAN-MADE CAUSE means, but is not limited to:
         (A)   a nuclear, radiological, or hazardous material accident;
         (B)   an airplane/aviation, ship/maritime, or train/railroad accident;
         (C)   an oil spill or other water contamination;
         (D)   a hostile military or paramilitary action, act of terrorism, or
enemy attack;
         (E)   a riot or civil unrest;
         (F)   an explosion;
         (G)   a power outage or energy emergency;
         (H)   air contamination;
         (I)   a home or building fire;
         (J)   a bridge collapse or dam break;
         (K)   an epidemic or other health emergency; or
         (L)   any other similar impending or actual calamity requiring
emergency action.
      (10)   NATURAL CAUSE means, but is not limited to:
         (A)   severe weather, a thunderstorm, or lightning;
         (B)   a hurricane or tornado;
         (C)   snow, ice, or a winter storm;
         (D)   a flood or flash flood;
         (E)   an earthquake, landslide, or mudflow;
         (F)   a heat wave, drought, blight, or infestation;
         (G)   a wildfire;
         (H)   a tsunami or other wave or tidal action;
         (I)   volcanic activity; or
         (J)   any other similar impending or actual calamity requiring
emergency action.
      (11)   PERSON means an individual, corporation, association, or other
legal entity.
      (12)   REGULATIONS mean plans, programs, and other emergency procedures
deemed essential to emergency management.
      (13)   RIOT means a state of violent civil disorder that causes or
threatens to cause loss of life or property in the city.
      (14)   STATE-DESIGNATED EMERGENCY MANAGEMENT DIRECTOR means the mayor of
the city as specified by executive order RP32 of the governor of the State of
Texas.
      (15)   STATE-DESIGNATED EMERGENCY MANAGEMENT COORDINATOR means the city
manager as specified in executive order RP32 of the governor of the State of
Texas.
      (16)   VOLUNTEER means any person contributing service, equipment, or
facilities to the emergency management organization without compensation. (Ord.
Nos. 15983; 17226; 25834; 27697)
SEC. 14B-4.   RESERVED.
   (Repealed by Ord. 27697)
SEC. 14B-5.   DIRECTOR OF THE OFFICE OF MANAGEMENT SERVICES - POWERS AND
DUTIES.
   The director shall coordinate the office of emergency management. The
director’s duties include, but are not limited to:
      (1)   coordinating the recruitment of volunteer personnel and agencies to
augment the personnel and facilities of the city for emergency management
purposes;
      (2)   developing and coordinating emergency plans for the immediate use
of all of the facilities, equipment, manpower, and other resources of the city
for the purpose of minimizing or preventing damage to persons and property in
the event of a disaster, and for the purpose of protecting and restoring to
usefulness governmental services and public utilities necessary for the public
health, safety, and welfare in the event of a disaster;
      (3)   negotiating and concluding agreements with owners or persons in
control of buildings or other property for the use of those buildings or
property for emergency management purposes and designating suitable buildings
as public shelters;
      (4)   through public informational programs, educating the civilian
population as to actions necessary and required for the protection of persons
and property in case of impending or present disaster;
      (5)   conducting rehearsals of emergency plans to ensure the efficient
operation of the emergency management forces and to familiarize residents with
emergency management regulations, procedures, and operations;
      (6)   coordinating the activity of all other public and private agencies
engaged in any disaster activity within the city; and
      (7)   administering federal and state disaster assistance programs
related to emergency management. (Ord. Nos. 15983; 17226; 25834; 27697)
SEC. 14B-6.   DECLARATION OF STATE OF DISASTER.
   (a)   If the mayor determines that a local disaster exists, the mayor shall
declare a local state of disaster and invoke emergency powers. Emergency powers
may not be continued or renewed for a period in excess of seven days except by
or with the consent of the city council.
   (b)   During any period in which a state of disaster has been declared by
either the mayor or the governor, the city council may convene to perform its
duties as the situation demands, and shall receive reports relative to
emergency management activities. If it becomes necessary for the mayor and city
council to vacate or leave the city limits, the city council shall have full
power and authority to act in matters affecting property or people remaining in
the city limits in the same manner as though the city council were conducting
its business within the city limits. As soon as the city council finds that
emergency powers need not be used to deal with a situation, it shall
immediately proclaim that the state of disaster has terminated.
   (c)   Any order or proclamation declaring, continuing, or terminating a
state of disaster must be filed promptly with the city secretary and given
prompt and general publicity, such as through newspapers, radio, and
television. (Ord. Nos. 15983; 17226; 25834)
SEC. 14B-7.   CITY MANAGER - POWERS AND DUTIES.
   (a)   During any period that a disaster order or proclamation, issued by
either the mayor or governor, is in effect, the city manager may promulgate
such regulations as he or she deems necessary to protect life and property and
preserve critical resources. Such regulations and powers may include, but are
not limited to, the power to:
      (1)   prohibit or restrict the movement of vehicles in order to
facilitate the work of emergency management forces or to facilitate the mass
movement of persons from critical areas within or without the city;
      (2)   recommend the movement of persons from areas deemed to be hazardous
or vulnerable to disaster;
      (3)   order a curfew into effect in all or any delineated part of the
city and to exempt from the curfew any person whose movement is essential to
the health, safety, and welfare of the public;
      (4)   order the closing of any place where arms, ammunition, dynamite, or
other explosives are sold, and forbid the sale, barter, loan, or gift of those
items;
      (5)   order the closing of bars, lounges, private clubs, package liquor
stores or any business establishment having a liquor, beer, or wine permit;
gasoline stations; theaters; ball rooms; and public rooms or buildings;
      (6)   prohibit the sale of beer, wine, and intoxicating liquor and
prohibit the sale, distribution, or gift of gasoline or other flammable liquid
or combustible product in any container other than a gasoline tank properly
affixed to a motor vehicle;
      (7)   declare certain items that may be potentially injurious to the
public health or welfare to be contraband and authorize a search for those
items;
      (8)   exclude sightseers from any area where a disaster or emergency is
imminent or has occurred;
      (9)   order the detention of persons who impede or incite others to
impede the preservation or restoration of order;
      (10)   temporarily suspend or modify, for not more than 60 days, any
regulation or ordinance of the city of Dallas, including, but not limited to,
those regarding health, safety, or zoning, if the suspension or modification is
essential to provide temporary housing for disaster victims;
      (11)   promulgate any other regulations necessary to preserve public
peace, health, and safety during a disaster.
   (b)   Regulations promulgated in accordance with the authority granted by
this chapter will be given widespread circulation by proclamations published in
newspapers and aired on radio and television. These regulations will have the
effect of ordinances when duly filed with the city secretary. (Ord. Nos. 15983;
17226; 25834)
SEC. 14B-8.   STATE-DESIGNATED EMERGENCY MANAGEMENT DIRECTOR AND STATE-
DESIGNATED EMERGENCY MANAGEMENT COORDINATOR - POWERS AND DUTIES.
   The mayor as the state-designated emergency management director and the city
manager as the state- designated emergency management coordinator shall have
the following duties and responsibilities:
      (1)   To obtain vital supplies, equipment, and other properties,
including, but not limited to, sites required for installation of temporary
housing units and the housing units themselves, found lacking and needed for
the protection of health, life, and property.
      (2)   To require emergency services of any city officer or employee. If
regular city forces are determined inadequate, then to require the services of
such other personnel as he or she can obtain that are available, including
citizen volunteers. All duly authorized persons rendering emergency services
shall be entitled to the privileges and immunities as are provided by state law
to other registered and identified emergency management and disaster workers.
      (3)   To cause to be prepared the city of Dallas emergency operations
plan. (Ord. Nos. 15983; 17226; 25834)
SEC. 14B-9.   POWERS AND DUTIES OF CITY ATTORNEY DURING DISASTER.
   During any imminent or present disaster, if the city attorney finds that
additional attorneys are needed to represent the city in the municipal courts
so as to afford alleged offenders a speedy trial, the city attorney shall
appoint, on a temporary basis, the number of special assistant attorneys that
he or she deems necessary. All of these appointments must be submitted to the
city council for confirmation at the earliest practicable date. (Ord. Nos.
15983; 17226; 25834)
SEC. 14B-10.   APPOINTMENT OF SPECIAL MUNICIPAL COURT JUDGES.
   During any imminent or present disaster, the city council shall appoint
special municipal court judges, as needed, to ensure the speedy trial of
alleged offenders. These appointments must be acted upon and the length of the
appointment must be determined by the city council at the earliest practicable
date. (Ord. Nos. 15983; 17226; 25834)
SEC. 14B-11.   EMERGENCY MANAGEMENT VOLUNTEERS.
   If the required knowledge or skill for a disaster function is not available
within the city government, the city manager is authorized to seek assistance
from persons outside of the city government. If a person outside of city
government is assigned duties of a supervisory nature, that person shall have
the authority to perform such duties prior to, during, and after the occurrence
of a disaster, until authorization is withdrawn. Services from persons outside
of government may be accepted by the city on a volunteer basis. These citizens
shall be enrolled as emergency management volunteers in cooperation with the
chief administrative officers of departments or offices affected. (Ord. Nos.
15983; 17226; 25834)
SEC. 14B-12.   GOVERNMENTAL FUNCTION.
   This chapter is an exercise by the city of its governmental functions for
the protection of the public peace, health, and safety. Neither the city nor
its officers, agents, representatives, or employees, nor any emergency
management volunteer, who is, in good faith, carrying out, complying with or
attempting to comply with any order, rule, or regulation promulgated pursuant
to this chapter, shall be liable for any damage sustained to persons or
property as the result of his or her actions, unless the actions taken or not
taken consisted of willful misconduct, gross negligence, or bad faith. (Ord.
Nos. 15983; 17226; 25834)
SEC. 14B-13.   OFFENSES; PENALTIES.
   (a)   During the period an actual or impending disaster has been declared, a
person shall not:
      (1)   enter or remain upon the premises of any mercantile establishment
not open for business to the general public;
      (2)   possess or transport items designated as contraband by the
director, city manager, mayor, or city council;
      (3)   violate any of the orders duly issued by the director, city
manager, mayor, or city council pursuant to emergency powers authorized by this
chapter, Chapter 418 of the Texas Government Code, or other city, state, or
federal law; or
      (4)   willfully obstruct, hinder, or delay any member of the emergency
management organization or any peace officer in the enforcement of this
chapter, or any order or regulation issued under authority provided for in this
chapter, Chapter 418 of the Texas Government Code, or other city, state, or
federal law.
   (b)   A person violating any provision of this section, upon conviction, is
punishable by a fine of not less than $50 and not more than $500. (Ord. Nos.
15983; 17226; 19963; 25834)
CHAPTER 15
RESERVED
   (Repealed by Ord. 20743)
CHAPTER 15A
ELECTIONS
ARTICLE I.
CAMPAIGN CONTRIBUTIONS.
Sec.
15A-1.   Definitions.
Sec.
15A-2.   Campaign contribution limitation.
Sec.
15A-3.   Campaign contributions by political committees.
Sec.
15A-4.   Personal services.
Sec.
15A-4.1.   Campaign contributions by applicants in zoning cases and public
subsidy matters and by bidders and proposers on city contracts.
Sec.
15A-5.   Use of legal name.
Sec.
15A-6.   Responsibility of campaign treasurer and candidate.
Sec.
15A-7.   Enforcement.
ARTICLE I-a.
OFFICEHOLDER CAMPAIGN CONTRIBUTIONS.
Sec.
15A-7.1.   Use of officeholder campaign contributions.
Sec.
15A-7.2.   Enforcement.
ARTICLE I-b.
CITY-FUNDED OFFICEHOLDER ACCOUNTS.
Sec.
15A-7.3.   Purpose.
Sec.
15A-7.4.   Use of city-funded officeholder accounts.
Sec.
15A-7.5.   Enforcement.
ARTICLE II.
ELECTRONIC FILING OF CAMPAIGN FINANCE REPORTS.
Sec.
15A-8.   Purpose.
Sec.
15A-9.   Definitions.
Sec.
15A-9.1.   Supplemental reports required.
Sec.
15A-10.   Electronic filing required; defenses; penalty.
Sec.
15A-11.   Computer access; posting of reports; availability of paper copies.
Sec. 15A-12. thru 15A-13.   Reserved.
ARTICLE III.
TEMPORARY POLITICAL CAMPAIGN SIGNS ON PUBLIC PROPERTY.
Sec.
15A-14.   Definitions.
Sec.
15A-15.   Temporary political campaign signs allowed on public property;
requirements and restrictions.
Sec.
15A-16.   Placement and removal of temporary political campaign signs.
Sec.
15A-17.   Penalty; enforcement.
ARTICLE I.
CAMPAIGN CONTRIBUTIONS.
SEC. 15A-1.   DEFINITIONS.
   The terms used in this article have the meanings ascribed to them in Chapter
251, Texas Election Code, as amended, or as defined in this section.
      (1)   CITY-FUNDED OFFICEHOLDER ACCOUNT means, for the purposes of this
chapter, an individual attributable Mayor/Council account that is funded from
the city budget and intended for use by a city council member to cover the
expenses of holding office.
      (2)   CONTRIBUTION means:
         (A)   a direct or indirect transfer of money, goods, services, or any
other thing of value and includes an agreement made or other obligation
incurred, whether legally enforceable or not, to make a transfer. The term
includes a loan or extension of credit, other than those expressly excluded by
this subdivision, and a guarantee of a loan or extension of credit, including a
loan described by this subdivision; or
         (B)   an expenditure made to advocate or influence the election of a
candidate and that is made in cooperation, consultation, or in concert with the
candidate's campaign. The following is considered a contribution within the
meaning of this subparagraph:
            (i)   the expenditure is made at the request or suggestion of the
candidate's campaign;
            (ii)   the individual or political committee suggests the
expenditure and the candidate's campaign assents to the suggestion;
            (iii)   the individual or political committee making the
expenditure communicates with the candidate's campaign before making the
expenditure;
            (iv)   the candidate's campaign has solicited funds for or directed
funds to the individual or political committee making the expenditure, but only
if the expenditure or direction occurred in the 12 months before the election
that the expenditure seeks to influence; or
            (v)   the individual or political committee making the expenditure
uses information from the candidate's campaign to design, prepare, or pay for
the expenditure unless that same information is available to the general
public.
         (C)   The term does not include:
            (i)   a loan made in the due course of business by a corporation
that is legally engaged in the business of lending money and that has conducted
the business continuously for more than one year before the loan is made; or
            (ii)   an expenditure required to be reported under Section 305.006
(b), Government Code, as amended. (Ord. Nos. 15434; 16718; 21035; 22925; 30391;
30715)
SEC. 15A-2.   CAMPAIGN CONTRIBUTION LIMITATION.
   (a)   An individual shall not make a contribution of more than:
      (1)   $1,000 per city election in support of, or opposition to, a single
candidate for election to Place Numbers 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12,
13, or 14 on the city council; or
      (2)   $5,000 per city election in support of, or opposition to, a single
candidate for election to Place Number 15 on the city council.
   (b)   Each individual is entitled to contribute the full amount of the
limitation established in Subsection (a), regardless of marital status.
   (c)   A political committee shall not:
      (1)   make a contribution of more than $1,000 per contributing member per
city election to a single candidate for election to Place Numbers 1, 2, 3, 4,
5, 6, 7, 8, 9, 10, 11, 12, 13, or 14 on the city council;
      (2)   make a contribution of more than $5,000 per contributing member per
city election to a single candidate for election to Place Number 15 on the city
council; or
      (3)   make a total contribution per city election of more than $2,500 to
a candidate for a single- member district nor more than $10,000 to a candidate
for mayor.
   (d)   For the purpose of this article an initial election and a runoff
election are separate elections. (Ord. Nos. 15434; 16105; 16718; 18403; 21035)
SEC. 15A-3.   CAMPAIGN CONTRIBUTIONS BY POLITICAL COMMITTEES.
   (a)   A general purpose political committee that makes a contribution to
support or oppose a candidate for election to the city council or a city
measure shall file with the city secretary:
      (1)   a copy of the latest campaign treasurer designation, a verified
statement of the number of contributing members of the committee, and a copy of
the monthly reports filed with the Texas Ethics Commission:
         (A)   for the three months immediately preceding the date of the
contribution; and
         (B)   for the two months immediately following the date of the
contribution; or
      (2)   if the committee does not file monthly reports with the Texas
Ethics Commission, then reports on the dates and covering the reporting periods
required by state law for candidates or measures, whichever apply.
   (b)   A general purpose political committee shall make its initial filing
with the city secretary no later than five business days following the date of
its first contribution to support or oppose a candidate for city council or a
city measure, the initial filing to include the required campaign treasurer
designation, the verified statement of the number of contributing members of
the committee, and copies of reports filed with the Texas Ethics Commission for
the preceding three months, if the committee files monthly with the Texas
Ethics Commission. Subsequent monthly reports filed by general purpose
political committees must be filed with the city secretary by the deadline and
covering the reporting periods designated in Chapter 254, Texas Election Code,
for monthly reports filed with the Texas Ethics Commission.
   (c)   Specific purpose political committees must file campaign reports with
the city secretary in accordance with Chapter 254, Texas Election Code. (Ord.
Nos. 15434; 16105; 16718; 21035; 22925; 27146)
SEC. 15A-4.   PERSONAL SERVICES.
   An individual may donate personal services and personal traveling expenses
to aid or defeat a candidate and such a donation does not constitute a
contribution as defined in Section 251.001 of the Texas Election Code. (Ord.
Nos. 15434; 16718; 21035)
SEC. 15A-4.1.   CAMPAIGN CONTRIBUTIONS BY APPLICANTS IN ZONING CASES AND PUBLIC
SUBSIDY MATTERS AND BY BIDDERS AND PROPOSERS ON CITY CONTRACTS.
   (a)   In this section:
      (1)   AFFILIATED means the relationship created when one business entity
is the parent or subsidiary of another business entity or when multiple
business entities are subsidiaries of the same parent business entity.
      (2)   APPLICANT means any person who:
         (A)   owns all or part of the property that is the subject of a zoning
case or public subsidy matter;
         (B)   is a parent, child, spouse, or other family member within the
first degree of consanguinity or affinity, or the domestic partner, of:
            (i)   the property owner; or
            (ii)   any individual described in Paragraph (2)(E) of this
subsection;
         (C)   is a representative of the property owner in connection with the
zoning case or public subsidy matter, and, if the representative is an entity,
includes any individual who holds with the entity any position described in
Paragraph (2)(E)(i) through (vii) of this subsection;
         (D)   is affiliated with the property owner; or
         (E)   if the property owner is an entity, is an individual who holds
any of the following positions with the entity or with any affiliated business
entity:
            (i)   the chief executive officer, chief financial officer, or
chief operating officer, or any person with equivalent duties, powers, and
functions;
            (ii)   a member of the board of directors of a corporation;
            (iii)   a general partner of a general partnership or limited
partnership;
            (iv)   a manager of a limited liability company that is managed by
managers;
            (v)   a member of a limited liability company that is managed by
members entitled to manage the company;
            (vi)   a member of the board of directors of a cooperative
association; or
            (vii)   a trust manager of a real estate investment trust.
      (3)   CANDIDATE means a person who has filed an application with the city
secretary for a place on the official ballot in an impending election for one
or more members of the Dallas city council.
      (4)   PUBLIC SUBSIDY MATTER means any of the following:
         (A)   A tax abatement.
         (B)   A housing tax credit.
         (C)   An historic development tax abatement.
         (D)   Federal grant money administered by the city.
         (E)   Tax increment financing.
         (F)   An economic development grant or loan.
   (b)   An applicant in a zoning case shall not (either personally or through
a representative, employee, or agent) knowingly make a campaign contribution to
a city council member or candidate during the period between the date the first
notices of a public hearing to consider the zoning case by the city plan
commission are mailed and the later of:
      (1)   60 days after the zoning case is withdrawn pursuant to Section
51A-4.701(f) of the Dallas City Code;
      (2)   60 days after the date a decision of the city plan commission on
the zoning case becomes final and all opportunities for appeal are exhausted;
or
      (3)   60 days after the date a final decision on the zoning case is made
by the city council either granting or denying the request.
   (c)   Subsection (b) does not apply to a change of zoning for historic
districts, conservation districts, or neighborhood stabilization overlays.
   (d)   An applicant in a public subsidy matter shall not (either personally
or through a representative, employee, or agent) knowingly make a campaign
contribution to a city council member or candidate
from the time the matter is posted on a council committee agenda or a council
agenda, whichever occurs first, until 60 days after the date the city council
votes on the public subsidy matter or the application for the public subsidy
matter is withdrawn by the applicant.
   (e)   A person responding to a request for bids or request for proposals on
a city contract shall not (either personally or through a representative,
employee, or agent) knowingly make a campaign contribution to a city council
member or candidate from the time the advertisement or public notification of
the request for bids or request for proposals is made until 60 days after the
date the contract is awarded by the city council. For purposes of this
subsection, "person" includes:
      (1)   any individual responding to the request for bids or proposals;
      (2)   any entity responding to the request for bids or proposals and its
affiliated business entities;
      (3)   if the person responding to the request for bids or proposals is an
entity, any individual who holds with the entity (or with any affiliated
business entity) any position described in Subsection (a)(2)(E)(i) through
(vii) of this section;
      (4)   the parent, child, spouse, or other family member within the first
degree of consanguinity or affinity, or the domestic partner, of any individual
described in Paragraph (1) or (3) of this subsection; and
      (5)   a representative of the bidder or proposer in connection with the
city contract, and, if the representative is an entity, includes any individual
who holds with the entity any position described in Subsection (a)(2)(E)(i)
through (vii) of this section.
   (f)   This section applies to a campaign contribution made to any specific-
purpose political committee that will ultimately contribute to an identified
city council member or candidate, and any campaign contribution made to the
specific-purpose political committee during the time restrictions imposed by
this section will be considered to have been made to that city council member
or candidate. The time restrictions imposed by this section do not apply to
when the specific-purpose political committee makes a campaign contribution to
the identified city council member or candidate.
   (g)   This section applies to a campaign contribution made by any political
committee established, administered, financially supported, or assisted
pursuant to state or federal law by a corporation or labor organization that is
an applicant in a zoning case or public subsidy matter or that is the person
responding to a request for bids or proposals on a city contract. The time
restrictions imposed by this section do not apply to when an individual
campaign contribution is received by the political committee, but only to when
the political committee actually makes the campaign contribution to the city
council member or candidate.
   (h)   Except as provided in Subsection (g), this section does not apply to a
campaign contribution made to or by any general-purpose political committee.
(Ord. Nos. 27749; 28169; 28239; 30489)
SEC. 15A-5.   USE OF LEGAL NAME.
   (a)   An individual shall not make a contribution in support of, or
opposition to, a candidate for city council under a name other than the name by
which the individual is identified for legal purposes.
   (b)   A contribution must be made in the name of the individual who owns and
is contributing the thing of value, and one individual shall not make a
contribution on behalf of another individual. (Ord. Nos. 15434; 16718; 21035)
SEC. 15A-6.   RESPONSIBILITY OF CAMPAIGN TREASURER AND CANDIDATE.
   (a)   A campaign treasurer for a political committee shall file reports
required by this article. Failure to file a timely report required by this
article constitutes an offense.
   (b)   A candidate for city council or the candidate’s campaign treasurer
shall not knowingly accept a contribution that will cause the amount
contributed to a candidate by an individual or a political committee, with
respect to a single city council election, to exceed the amount authorized in
Section
15A-2. (Ord. Nos. 15434; 16105; 16718; 21035)
SEC. 15A-7.   ENFORCEMENT.
   The ethics advisory commission has jurisdiction to consider a violation of
this article pursuant to the procedures detailed in
Chapter 12A of this code. (Ord. Nos. 16718; 21035; 30715)
ARTICLE I-a.
OFFICEHOLDER CAMPAIGN CONTRIBUTIONS.
SEC. 15A-7.1.   USE OF OFFICEHOLDER CAMPAIGN CONTRIBUTIONS.
   (a)   An officeholder who lawfully accepts officeholder campaign
contributions, as defined in the Texas Election Code, shall not use more than
$100 in officeholder campaign contributions per city election for campaign
expenditures for the officeholder's campaign for election to the city council.
   (b)   For the purpose of this section an initial election and a runoff
election are separate elections.
   (c)   It is a defense to prosecution under Subsection (a) of this section
that the officeholder campaign contribution was used for a campaign expenditure
before March 1, 2015. (Ord. Nos. 29663; 30391)
SEC. 15A-7.2.   ENFORCEMENT.
   (a)   If the city secretary receives a written complaint alleging a
violation of this article, the city secretary shall forward this information to
the city attorney for investigation and appropriate enforcement action, if
warranted.
   (b)   The Ethics Advisory Commission shall have jurisdiction to consider a
violation of this article pursuant to the procedures detailed in
Chapter 12A. (Ord. Nos. 29663; 30391)
ARTICLE I-b.
CITY-FUNDED OFFICEHOLDER ACCOUNTS.
SEC. 15A-7.3.   PURPOSE.
   (a)   The purpose of this article is to:
      (1)   ensure that city-funded officeholder accounts are used only for
public purposes;
      (2)   ensure that city-funded officeholder accounts are not used as a
gift or transfer of public funds to individuals or entities;
      (3)   prohibit the use of city-funded officeholder accounts for campaign
purposes; and
      (4)   ensure the city-funded officeholder accounts are used in compliance
with Texas Election Commission rules, regulations, and opinions. (Ord. 30391)
SEC. 15A-7.4.   USE OF CITY-FUNDED OFFICEHOLDER ACCOUNTS.
   (a)   Compliance with procurement requirements. Expenses from city-funded
officeholder accounts must comply with the city's administrative directive and
state law regarding procurements.
   (b)   Test for allowable expenses. City-funded officeholder accounts may
only be used for official city business. An expense is for official city
business if the expense:
      (1)   serves a public purpose of the city of Dallas, rather than serving
a personal purpose or campaign purpose;
      (2)   helps to defray the cost of holding public office;
      (3)   is a reasonable amount for the goods or services purchased;
      (4)   is not a prohibited gift or transfer of public funds to an
individual or entity; and
      (5)   is consistent with Texas Election Commission rules, regulations,
and opinions for non-campaign expenses of officeholders.
   (c)   Opinions. City council members may request an opinion from the city
attorney pursuant to Section
12A-33 as to whether an expense is allowed under this article and
Chapter 12A. An opinion issued under this subsection is not binding on the
Texas Election Commission.
   (d)   Permissible expenses. The following list illustrates permissible
expenses for city-funded officeholder accounts (this is not an exhaustive
list):
      (1)   Office supplies and equipment used in the city council member's
office.
      (2)   Duplicating, printing, postage, courier service, and express mail
expenses.
      (3)   Reimbursement for use of personal vehicles that are consistent with
administrative directives.
      (4)   Telephone and cell phone expenses.
      (5)   Conferences, seminars, and training expenses.
      (6)   Reimbursement for mileage charges for use of city vehicles.
      (7)   Membership dues or fees in community service or civic
organizations.
      (8)   Business entertainment expenses that are consistent with
administrative directives.
      (9)   Ceremonial and protocol items.
      (10)   Supplemental temporary help and overtime.
      (11)   Reimbursement of travel expenses that are consistent with
administrative directives.
      (12)   Newsletters to constituents that are not campaign communications,
and determined by Texas Election Commission rules, regulations, or opinions.
      (13)   Nonpolitical advertising.
      (14)   An individual ticket for a city council member to events that are
related to city business where the council member is attending as a
representative of the city.
   (e)   Impermissible expenses. The following list illustrates impermissible
expenses for city-funded officeholder accounts (this is not an exhaustive
list):
      (1)   Purchase of city property, including unclaimed or surplus city
property, and including any furniture or equipment used in the city council
member's office, for personal use by a current city council member or a former
city council member.
      (2)   Membership dues or fees in athletic clubs, social clubs, or any
other organization not allowed by administrative directives.
      (3)   Any type of sponsorship of city or non-city events, such as
purchasing a table at a fundraiser event or providing funds in exchange for
being listed as an event sponsor.
      (4)   Purchase of food, drink, decorations, caterers, audio-visual, or
supplies for non-city events.
      (5)   Hiring individuals or entities to provide products or services,
such as improvements to a park or purchase of street furniture, that are not
related to the cost of holding public office.
      (6)   Promotional items intended primarily to promote the public image of
the city council member.
      (7)   Expenses to acquire or manage software used to maintain mail or
email lists of constituents for personal or campaign purposes.
      (8)   Any campaign expenditure, campaign contribution, political
advertising, or campaign communication as defined in Title 15, "Regulating
Political Funds and Campaigns," of the Texas Election Code and Texas Election
Commission rules, regulations, and opinions.
      (9)   Use of city employees or city supplies for campaign purposes or for
the personal business of the city council member.
   (f)   Deficits and surpluses.
      (1)   Expenditures from a city-funded officeholder account may not exceed
the amount allocated by the city manager for that city-funded officeholder
account. City council members who exceed the budgeted amount of their city-
funded officeholder account shall be personally liable for the amount exceeded.
      (2)   Funds may not be transferred from one city-funded officeholder
account to another city-funded officeholder account.
      (3)   Any surplus remaining in a city-funded officeholder account at the
end of a fiscal year reverts to the fund from which the monies were
appropriated.
   (g)   Campaign contributions and donations.
      (1)   Campaign contributions may not be deposited into the city-funded
officeholder account. Instead, campaign contributions should be deposited into
a campaign account maintained by the city council member separate from the city
financial system.
      (2)   Donations made to the city may not be earmarked for use by specific
city council members. Donations to the city must comply with Section 12A-5.1.
   (h)   Reporting.
      (1)   City council members must file an annual statement with the City
Secretary itemizing expenses paid from city-funded officeholder accounts during
the prior fiscal year. The annual statement must be on a form provided by the
City Secretary and filed with the City Secretary no later than 5:00 p.m. on
April 30 or when the council member vacates office, whichever is sooner. If
April 30 is a Saturday, Sunday, city holiday, or furlough day, the deadline is
extended to 5:00 p.m. of the next business day. The annual statement must
include to whom the expense was paid, the date the expense was paid, a
description of the expense, and the dollar amount of the expense.
      (2)   These reporting requirements are in addition to any reporting
requirements set out in the Dallas City Code or state law. (Ord. 30391)
SEC. 15A-7.5.   ENFORCEMENT.
   (a)   If the city secretary receives a written complaint alleging a
violation of this article, the city secretary shall forward this information to
the city attorney for investigation and appropriate enforcement action, if
warranted.
   (b)   The Ethics Advisory Commission shall have jurisdiction to consider a
violation of this article pursuant to the procedures detailed in
Chapter 12A.
   (c)   A person commits an offense if that person discriminates against,
harasses, threatens, harms, damages, penalizes, or otherwise retaliates against
any person for refusing to violate this article; filing a complaint alleging a
violation of this article; or for testifying, assisting, or participating in an
investigation, proceeding, or hearing under this article. (Ord. 30391)
ARTICLE II.
ELECTRONIC FILING OF CAMPAIGN FINANCE REPORTS.
SEC. 15A-8.   PURPOSE.
   The purpose of this article is to require, with certain defenses, that
campaign finance reports and supplemental reports required to be filed with the
city secretary by a city officeholder, a candidate for city elective office, or
a political committee (whether general purpose or specific purpose) be filed in
an electronic format, and to require that filers indicate the amount of
officeholder contributions used for campaign expenditures, distinguish between
campaign and officeholder contributions, and distinguish between campaign and
officeholder expenditures. It is the intent of this article that the
requirement of filing campaign finance reports and supplemental reports in an
electronic format will not inconvenience those required to file such reports
and will afford persons interested in the information contained in the reports
easier access and an efficient means by which such information may be examined
or extracted. (Ord. Nos. 27146; 29663)
SEC. 15A-9.   DEFINITIONS.
   (a)   In this article:
      (1)   ELECTRONIC FORMAT means:
         (A)   for a filer other than a general purpose political committee, a
format approved by the Texas Ethics Commission for use in the city of Dallas
through which a report is entered, sent, and received through an electronic
filing system provided by the city; or
         (B)   for a general purpose political committee, the electronic medium
in which the committee filed its report with the Texas Ethics Commission under
Section 254.036 of the Texas Election Code, as amended.
      (2)   FILER means the holder of a city elective office, any candidate for
a city elective office, a political committee (whether general purpose or
specific purpose) acting through a duly authorized representative, or any
individual required to file a report under this chapter or Chapter 254 of the
Texas Election Code, as amended.
      (3)   REPORT means a campaign finance report required to be filed with
the city secretary under this chapter or Chapter 254 of the Texas Election
Code, as amended, and includes any updates, corrections, or amendments to a
campaign finance report.
      (4)   SUPPLEMENTAL REPORT means a document that:
         (A)   states the total dollar amount of any officeholder contributions
that were used for campaign expenditures during the reporting period;
         (B)   indicates, for each political contribution listed in a report as
received on or after March 1, 2015, whether that contribution is a campaign
contribution or an officeholder contribution; and
         (C)   indicates, for each political expenditure listed in a report as
spent on or after March 1, 2015, whether that expenditure is a campaign
expenditure or an officeholder expenditure.
   (b)   Terms not defined in this article but defined in Title 15 of the Texas
Election Code, as amended, have the meanings ascribed to them in Title 15 of
the Texas Election Code. (Ord. Nos. 27146; 29663)
SEC. 15A-9.1.   SUPPLEMENTAL REPORTS REQUIRED.
   (a)   When this chapter or Chapter 254 of the Texas Election Code, as
amended, requires that a filer file a report, the filer must also file a
supplemental report in the form and manner directed by the city secretary.
   (b)   An offense under this section is punishable by a fine not to exceed
$500. (Ord. 29663)
SEC. 15A-10.   ELECTRONIC FILING REQUIRED; DEFENSES; PENALTY.
   (a)   A filer commits an offense if the filer fails to timely file a report
or a supplemental report with the city secretary in an electronic format. To be
timely, an electronic report must be time and date stamped as having been
received on the city’s server by 5 p.m. on the last day permitted for filing
the particular report under Chapter 254 of the Texas Election Code, as amended.
   (b)   It is a defense to prosecution under Subsection (a) of this section
that:
      (1)   the filer:
         (A)   (or an agent of the filer or a person with whom the filer
contracts) does not use computer equipment to keep the current records of
political contributions, political expenditures, or persons making political
contributions to the filer; and
         (B)   does not, in a calendar year, accept political contributions
that in the aggregate exceed $1,000 or make political expenditures that in the
aggregate exceed $1,000; or
      (2)   the filer is an individual not acting in concert with another
person who makes one or more direct campaign expenditures in an election from
the individual’s own property that exceed $100 on any one or more candidates or
measures if the individual complies with Chapter 254 of the Texas Election
Code, as amended, as if the individual were a campaign treasurer of a political
committee and the individual receives no reimbursement for the expenditures.
   (c)   A filer wishing to assert a defense described in Subsection (b) of
this section shall file with the city secretary an affidavit, sworn under
penalty of perjury, identifying the asserted defense and stating that the filer
qualifies for the defense. A separate affidavit must be filed with each report
that is not filed in an electronic format as required by this article.
   (d)   A filer who files an affidavit under Subsection (c) of this section
asserting a defense for a particular report shall file that report with the
city secretary in a non-electronic form prescribed by the Texas Ethics
Commission pursuant to Section 254.036 of the Texas Election Code, as amended.
   (e)   An offense under this section is punishable by a fine not to exceed
$500. (Ord. Nos. 27146; 29663)
SEC. 15A-11.   COMPUTER ACCESS; POSTING OF REPORTS; AVAILABILITY OF PAPER
COPIES.
   (a)   The city will provide publicly accessible computer terminals for
filers to file reports and supplemental reports in an electronic format.
   (b)   The city will post the electronic reports on the city’s website.
   (c)   The city will make available, upon request, a paper copy of a report
that conforms to the same format and paper size as the form prescribed by the
Texas Ethics Commission pursuant to Section 254.036 of the Texas Election Code,
as amended. (Ord. Nos. 27146; 29663)
SECS. 15A-12. THRU 15A-13. RESERVED.  
(Ord. 27146)
ARTICLE III.
TEMPORARY POLITICAL CAMPAIGN SIGNS ON PUBLIC PROPERTY.
SEC. 15A-14.   DEFINITIONS.
   In this article:
      (1)   PUBLIC PROPERTY means any property owned or operated by a
governmental entity that is open to the public and used for a public purpose.
“Public property” includes, but is not limited to, a library, park, school, or
government building.
      (2)   TEMPORARY POLITICAL CAMPAIGN SIGN means a sign that refers only to
the issues or candidates involved in an election that has been ordered by a
governmental entity. (Ord. 28221)
SEC. 15A-15.   TEMPORARY POLITICAL CAMPAIGN SIGNS ALLOWED ON PUBLIC PROPERTY;
REQUIREMENTS AND RESTRICTIONS.
   (a)   A temporary political campaign sign may be placed in accordance with
this article on public property that serves as an early voting location or
election day voting location for an election that has been ordered by a
governmental entity. Only signs that refer to a candidate or issue that is on
the ballot at a particular voting location may be placed at that voting
location.
   (b)   A temporary political sign placed on public property under this
article may not:
      (1)   have an effective area greater than 20 square feet;
      (2)   be more than eight feet high;
      (3)   be illuminated;
      (4)   have any moving elements;
      (5)   be placed in or over any public right-of- way; or
      (6)   project more than 18 inches from a wall, roof, parapet, or eaves.
   (c)   Nothing in this article authorizes a person to place a temporary
political campaign sign:
      (1)   on public property owned or operated by a governmental entity,
other than the city, if such placement is not allowed by the governmental
entity; or
      (2)   in a form, manner, or location prohibited by another city ordinance
or state or federal law. (Ord. 28221)
SEC. 15A-16.   PLACEMENT AND REMOVAL OF TEMPORARY POLITICAL CAMPAIGN SIGNS.
   (a)   A person commits an offense if the person:
      (1)   places, or causes the placement of, a temporary political campaign
sign on public property in violation of any provision of Section
15A-15;
      (2)   places, or causes the placement of, a temporary political campaign
sign on public property earlier than:
         (A)   two calendar days before commencement of early voting, if the
sign is being placed at an early voting location; or
         (B)   two calendar days before election day, if the sign is being
placed at an election day voting location;
      (3)   fails to remove all temporary political campaign signs that the
person placed, or caused to be placed, from the public property not later than:
         (A)   two calendar days after the last day of early voting, if the
sign is placed at an early voting location; or
         (B)   two calendar days after election day, if the sign is placed at
an election day voting location; or
      (4)   fails to remove any temporary political campaign sign that the
person placed, or caused to be placed, from the public property within 24 hours
after notification from the city that the sign is in violation of this article.
   (b)   The city may, without notice, confiscate and dispose of any sign that
is:
      (1)   placed in violation of this article; or
      (2)   not removed as required by this article. (Ord. 28221)
SEC. 15A-17.   PENALTY; ENFORCEMENT.
   A person who violates a provision of this article 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. 28221)
CHAPTER 15B
EQUAL EMPLOYMENT OPPORTUNITY CONTRACT COMPLIANCE
Sec.
15B-1.   Definitions.
Sec.
15B-2.   Contract compliance enforcement.
Sec.
15B-3.   Equal employment opportunity clause.
Sec.
15B-4.   Notice to bidders.
Sec.
15B-5.   Contract disposition.
Sec.
15B-6.   Recommendation and hearing before city council.
Sec.
15B-7.   Cancellation provisions.
SEC. 15B-1.   DEFINITIONS.
   In this chapter:
      (1)   AFFIRMATIVE ACTION means the positive steps taken to ensure
compliance with the equal employment opportunity clause described in Section
15B-3 of this chapter.
      (2)   BIDDER means any person, partnership, corporation, association, or
joint venture seeking to be awarded a contract.
      (3)   CITY MANAGER means the city manager of the city of Dallas or the
city manager's designated representative.
      (4)   CONSTRUCTION CONTRACT means any public contract for the
construction, rehabilitation, alteration, conversion, extension, or repair of
city facilities.
      (5)   CONTRACTOR means any person, partnership, corporation, association,
or joint venture that has been awarded a contract by the city.
      (6)   DISCRIMINATE, DISCRIMINATES, OR DISCRIMINATION means to
distinguish, differentiate, separate, or segregate solely on the basis of race,
color, age, religion, marital status, sexual orientation, gender identity and
expression, genetic characteristics, national origin, disability, military or
veteran status, sex, political opinions or affiliations.
      (7)   SEXUAL ORIENTATION has the meaning assigned to it in Chapter 34 of
the Dallas City Code, as amended. (Ord. Nos. 14486; 20989; 24927; 30828)
SEC. 15B-2.   CONTRACT COMPLIANCE ENFORCEMENT.
   The city manager shall be responsible for the administration and enforcement
of this chapter. (Ord. Nos. 14486; 20989)
SEC. 15B-3.   EQUAL EMPLOYMENT OPPORTUNITY CLAUSE.
   All construction contracts entered into by the city involving the
expenditure of more than $10,000 of city funds and all competitively bid
contracts for the procurement of goods and services involving an expenditure of
more than $50,000 of city funds must incorporate an equal employment
opportunity clause, which reads as follows:
      (1)   The contractor shall not discriminate against any employee or
applicant for employment because of race, color, age, religion, marital status,
sexual orientation, gender identity and expression, genetic characteristics,
national origin, disability, military or veteran status, sex, political
opinions or affiliations. The contractor shall take affirmative action to
ensure that applicants are employed, and that employees are treated during
employment, without regard to race, age, color, religion, sex, sexual
orientation, or national origin. This action shall include, but not be limited
to, the following:
         (A)   employment, upgrading, demotion, or transfer;
         (B)   recruitment or recruitment advertising;
         (C)   layoff or termination;
         (D)   rates of pay or other forms of compensation; and
         (E)   selection for training, including apprenticeship.
      (2)   The contractor agrees to post in conspicuous places, available to
employees and applicants, notices to be provided by the city setting forth the
provisions of the nondiscrimination clause described in Subsection (1) of this
section.
      (3)   The contractor shall in all solicitations or advertisements for
employees placed by or on behalf of the contractor state that every qualified
applicant will receive consideration for employment without regard to race,
age, color, religion, sex, sexual orientation, or national origin.
      (4)   The contractor shall furnish all information and reports required
by the city manager and shall permit the city manager to investigate the
contractor’s payrolls and personnel records that pertain to current contracts
with the city for purposes of ascertaining compliance with this equal
employment opportunity clause.
      (5)   The contractor shall file compliance reports with the city as may
be required by the city manager. Compliance reports must:
         (A)   be filed within the required time period;
         (B)   contain information as to the employment practices, policies,
programs, and statistics of the contractor; and
         (C)    be in the form that the city manager prescribes.
      (6)   If the contractor fails to comply with this equal employment
opportunity clause, it is agreed that the city, at its option, may do either or
both of the following:
         (A)   Cancel, terminate, or suspend the contract in whole or in part.
         (B)   Declare the contractor ineligible for further city contracts
until the contractor is determined to be in compliance.
      (7)   Nothing in the equal opportunity clause requires that employee
benefits be provided to an employee for the benefit of the employee’s domestic
partner. (Ord. Nos. 14486; 20989; 24927; 30828)
SEC. 15B-4.   NOTICE TO BIDDERS.
   All notices to prospective bidders published on behalf of the city must
include as a part of the contract specifications that each bidder will be
required to comply with
Chapter 15B, “Equal Employment Opportunity Contract Compliance,” of the Dallas
City Code, as amended. (Ord. Nos. 14486; 20989)
SEC. 15B-5.   CONTRACT DISPOSITION.
   (a)   If a contractor fails to cooperate in reaching a mutually satisfactory
solution to any equal employment problem or to implement a contract compliance
agreement previously made, the city manager shall review the case to determine
whether:
      (1)    further efforts or alternative approaches are desirable; or
      (2)    either of the penalties set forth in Section
15B-3(6) is appropriate to the case.
   (b)   If the city manager determines that the contractor has violated or
failed to comply with any requirement of the equal employment opportunity
clause of the contract, after affording the contractor a reasonable time to
correct the situation and where negotiations have been of no avail, the city
manager shall make a finding under Subsection (a)(1) or (a)(2) of this section
and shall transmit that finding and a recommendation to the city council. (Ord.
Nos. 14486; 20989)
SEC. 15B-6.   RECOMMENDATION AND HEARING BEFORE CITY COUNCIL.
   (a)   Upon receiving the recommendation of the city manager, the city
council shall, within 30 days, set a hearing to consider the recommendation, at
which hearing the contractor will be given an opportunity to be heard. The city
council has authority either to find in favor of the contractor, or if the city
council determines that the contractor has violated or failed to comply with
any requirement of the equal employment opportunity clause of the contract, the
city council may do either or both of the following:
      (1)   Cancel, terminate, or suspend the contract in whole or in part.
      (2)   Declare the contractor ineligible for further city contracts until
the contractor is determined to be in compliance.
   (b)   The decision of the city council is final. (Ord. Nos. 14486; 20989)
SEC. 15B-7.   CANCELLATION PROVISIONS.
   Each construction contract of more than $10,000 and each competitively bid
contract for the procurement of goods and services of more than $50,000 must
contain provisions governing the terms of cancellation or termination. (Ord.
Nos. 14486; 20989)
CHAPTER 15C
EMERGENCY REPORTING EQUIPMENT AND PROCEDURES
ARTICLE I.
ALARMS RESPONDED TO BY THE POLICE DEPARTMENT.
Sec.
15C-1.   Definitions.
Sec.
15C-2.   Permit required; application; fees; transferability; false statements.
Sec.
15C-2.1.   Alarm systems in apartment complexes.
Sec.
15C-3.   Permit duration and renewal.
Sec.
15C-4.   Proper alarm system operation and maintenance.
Sec.
15C-5.   Reserved.
Sec.
15C-6.   Requirements for the use of state- licensed alarm companies and
relaying intermediaries.
Sec.
15C-7.   Monitoring procedures.
Sec.
15C-7.1.   Requirements for alarm companies.
Sec.
15C-8.   Direct alarm reporting; automatic alarm notification.
Sec.
15C-9.   Alarm system operating instructions.
Sec.
15C-10.   Alarm dispatch records.
Sec.
15C-11.   System performance reviews.
Sec.
15C-12.   Service fees; payment plan.
Sec.
15C-13.   Revocation of an alarm permit.
Sec.
15C-14.   Notice of denial or revocation of a permit; appeals.
Sec.
15C-14.1.   Reinstatement of permit.
Sec.
15C-15.   Reserved.
Sec.
15C-16.   Violations; penalty; corporations, partnerships and associations.
Sec.
15C-17.   Reserved.
ARTICLE II.
ALARMS RESPONDED TO BY THE FIRE DEPARTMENT.
Division 1. In General.
Sec.
15C-18.   Purpose.
Sec.
15C-19.   Definitions.
Sec.
15C-20.   Proper alarm system operation and maintenance.
Sec.
15C-21.   Reporting of alarm signals.
Sec.
15C-22.   Indirect alarm reporting.
Sec.
15C-23.   Alarm system operating instructions.
Sec.
15C-24.   Alarm dispatch records.
Sec.
15C-25.   System performance reviews.
Sec.
15C-26.   Violations; penalty; corporations, partnerships and associations.
Sec.
15C-27.   Appeal of service fees.
Division 2. Fire Alarms.
Sec.
15C-28.   Registration of alarm system.
Sec.
15C-29.   Service fee for false fire alarm notification.
Sec.
15C-30.   Waiver of service fee.
Division 3. Medical Alarms.
Sec.
15C-31.   Registration of alarm system.
Sec.
15C-32.   Service fee for false medical alarm notification.
Sec.
15C-33.   Waiver of service fee.
ARTICLE I.
ALARMS RESPONDED TO BY THE POLICE DEPARTMENT.
SEC. 15C-1.   DEFINITIONS.
   In this article:
      (1)   ALARM COMPANY means any person who sells, installs, services, or
monitors an alarm system.
      (2)   ALARM NOTIFICATION means a notification from an alarm system that
is:
         
         (A)   intended to summon the police; and
         (B)   designed to be initiated either:
            (i)   purposely by a person; or
            (ii)   automatically by a response to a stimulus characteristic of
unauthorized intrusion.
      (3)   ALARM SITE means a single premises or location served by an alarm
system or systems that are under the control of one person.
      (4)   ALARM SYSTEM means a device or system that emits, transmits, or
relays a signal intended to summon, or that would reasonably be expected to
summon the police services of the city. “Alarm system” includes, but is not
limited to, local alarms. “Alarm system” does not include:
         (A)   an alarm installed on a vehicle, unless the vehicle is used for
a habitation at a permanent site; or
         (B)   an alarm designed to alert only the inhabitants of a premises
that does not have a local alarm.
      (5)   CHIEF means the chief of police of the city or an authorized
representative.
      (6)   CONVERSION means the transaction or process by which one alarm
company begins monitoring an alarm system previously monitored by another alarm
company.
      (7)   DURESS ALARM means the deliberate activation of a silent alarm by
entering at a keypad a code that is different from the normal arm/disarm code,
or by a separate deliberate act at another device.
      (8)   FALSE ALARM NOTIFICATION means:
         (A)   a burglar alarm notification to the police department from a
commercial or residential alarm site, when the responding officer arrives
within 30 minutes after receipt of the alarm notification and, upon inspection
of the interior or exterior of the premises, finds no evidence of a criminal
offense or attempted criminal offense; or
         (B)   a holdup, panic, or duress alarm notification to the police
department from a commercial or residential alarm site, when the responding
officer arrives after receipt of the alarm notification and finds no evidence
of a holdup, panic, or duress situation.
      (9)   HOLDUP ALARM means a silent alarm generated by the deliberate
activation of a holdup device.
      (10)   KEYPAD means a device that allows control of an alarm system by
the manual entering of a coded sequence of numbers or letters.
      (11)   LOCAL ALARM means an alarm system that emits a signal at an alarm
site that is audible or visible from the exterior of a structure.
      (12)   MONITORING means the process by which an alarm company receives
signals from an alarm system and relays an alarm notification to the police.
      (13)   ONE PLUS means a feature of an alarm system that allows the manual
activation of a silent alarm signal by entering, at the keypad, a code that
increases the last digit of the normal arm/disarm code by one.
      (14)   PANIC ALARM means an audible alarm generated by the deliberate
activation of a panic device.
      (15)   PERMIT HOLDER means the person designated in the application as
required in Section
15C-2(d)(1) who is responsible for responding to alarms and giving access to
the site and who is also responsible for proper maintenance and operation of
the alarm system and payment of fees.
      (16)   PERSON means an individual, corporation, partnership, association,
organization, or similar entity. (Ord. Nos. 17586; 19854; 20112; 21026; 22038;
22571; 26200; 26919)
SEC. 15C-2.   PERMIT REQUIRED; APPLICATION; FEES; TRANSFERABILITY; FALSE
STATEMENTS.
   (a)   A person commits an offense if he operates or causes to be operated an
alarm system at a commercial or residential alarm site without a valid alarm
permit issued under this article. A separate permit is required for each alarm
site.
   (b)   The chief shall refuse police response to any alarm notification from
a commercial or residential alarm site that does not have a valid alarm permit,
unless the alarm notification was:
      (1)   a duress alarm;
      (2)   a hold up alarm;
      (3)   a panic alarm; or
      (4)   reported to a 9-1-1 emergency telephone number or to the police
department by a person other than an alarm company.
   (c)   The nonrefundable fee for an annual permit, an annual permit renewal,
or a permit reinstatement is:
      (1)   $50 for a residential alarm site;
      (2)   $50 for a residential unit of an apartment complex;
      (3)   $50 for a master alarm permit for an apartment complex;
      (4)   $50 for the nonresidential areas of an apartment complex; and
      (5)   $100 for a commercial alarm site.
   (d)   An application for an alarm permit must be made on a form provided by
the chief and include the following information:
      (1)   the name, address, telephone number, and driver’s license number
(or, if the person does not have a driver’s license, the number on any other
government-issued personal identification card containing a photograph) of the
person who will be the permit holder and be responsible for the proper
maintenance and operation of the alarm system and payment of fees assessed
under this article;
      (2)   the classification of the alarm site as either residential or
commercial;
      (3)   identification of the alarm system as either a burglar alarm
system, a holdup, panic, or duress alarm system, or a combination of alarm
systems; and
      (4)   other information required by the chief that is necessary for the
enforcement of this article.
   (e)   Within 30 days after receipt of a completed application form, the
chief shall approve issuance of an alarm permit to the applicant by the special
collections division of the Dallas water utilities department, unless:
      (1)   the applicant has failed to pay a service fee assessed under
Section
15C-12 for which a bill had been issued and for which a payment plan has not
been established under Section
15C-12(d);
      (2)   the applicant has had an alarm permit for the alarm site revoked,
and the violation causing the revocation has not been corrected;
      (3)   the applicant has made a false statement of a material matter for
the purpose of obtaining an alarm permit; or
      (4)   the alarm system for which a permit is requested has had eight or
more false alarm notifications within the preceding 12-month period.
   (f)   Approval by the chief does not authorize the applicant to operate an
alarm system until the applicant pays the applicable permit fee required in
Subsection (c) to the special collections division of the Dallas water
utilities department and obtains an alarm permit.
   (g)   An alarm permit cannot be transferred to another person or to another
alarm site. A permit holder shall inform the chief of any change that alters
any information listed on the permit application within two business days. No
fee will be assessed for such changes. (Ord. Nos. 17586; 19854; 20112; 20736;
21026; 21057; 22038; 22571; 22910; 24743; 26134; 26200; 26919)
SEC. 15C-2.1.   ALARM SYSTEMS IN APARTMENT COMPLEXES.
   (a)   A tenant of an apartment complex shall obtain an alarm permit from the
chief before operating or causing the operation of an alarm system in the
tenant’s residential unit.
   (b)   The owner or property manager of an apartment complex in which an
alarm system is installed in one or more individual residential units shall
obtain a master alarm permit from the chief.
   (c)   For purposes of assessing service fees and enforcing this article
against an individual residential unit of an apartment complex:
      (1)   the tenant is responsible for payment of all service fees for any
false alarm notification emitted from the alarm system in the tenant’s
residential unit; and
      (2)   the master alarm permit holder is responsible for payment of all
service fees for any false alarm notification emitted from an alarm system in
any unoccupied residential unit in the apartment complex.
   (d)   The owner or property manager of an apartment complex shall obtain a
separate alarm permit for any alarm system operated in a nonresidential area of
the apartment complex, including, but not limited to, common tenant areas and
office, storage, and equipment areas. (Ord. Nos. 20112; 22038; 22571; 26200;
26919)
SEC. 15C-3.   PERMIT DURATION AND RENEWAL.
   A permit expires one year after the date of issuance and must be renewed
annually by submitting an updated application and a permit renewal fee, when
required, in accordance with Section
15C-2 of this chapter. Before terminating a permit for nonrenewal, the chief
shall provide 30 days prior written notice to the permit holder of the need to
renew the permit and file an updated permit application. (Ord. Nos. 17586;
20112; 21026; 22038; 22571; 26200; 26919)
SEC. 15C-4.   PROPER ALARM SYSTEM OPERATION AND MAINTENANCE.
   (a)   A permit holder or person in control of an alarm system shall:
      (1)   maintain premises containing an alarm system in a manner that
ensures proper operation of the alarm system;
      (2)   maintain the alarm system in a manner that will minimize false
alarm notifications;
      (3)   respond or cause a representative to respond within 45 minutes
after being notified by the city to repair or inactivate a malfunctioning alarm
system, to provide access to the premises, or to provide security for the
premises; and
      (4)   not intentionally activate an alarm for any reason other than an
occurrence of an event that the alarm system was intended to report.
   (b)   A person in control of a local alarm shall adjust the mechanism or
cause the mechanism to be adjusted so that an alarm signal, after being
activated, will sound for no longer than:
      (1)   30 minutes for an alarm system installed before October 1, 1995,
except as otherwise provided in Paragraph (2)(B) of this subsection; and
      (2)   10 minutes for an alarm system:
         (A)   installed on or after October 1, 1995; or
         (B)   installed before October 1, 1995, but to which any improvement
is made on or after October 1, 1995. (Ord. Nos. 17586; 22038; 22571; 26200;
26919)
SEC. 15C-5.   RESERVED.
   (Ord. Nos. 26200; 26919)
SEC. 15C-6.   REQUIREMENTS FOR THE USE OF STATE-LICENSED ALARM COMPANIES AND
RELAYING INTERMEDIARIES.
   (a)   An owner or person in control of property shall not have an alarm
system installed or converted on that property by an alarm company that does
not comply with the requirements of this article and any rules and regulations
promulgated by the chief or that is not licensed by the Texas Department of
Public Safety Private Security Bureau.
   (b)   A permit holder or person in control of an alarm system shall not
allow alarm signals to be reported through a relaying intermediary that does
not comply with the requirements of this article and any rules and regulations
promulgated by the chief or that is not licensed by the Texas Department of
Public Safety Private Security Bureau. (Ord. Nos. 17586; 19854; 22038; 22571;
26200; 26919)
SEC. 15C-7.   MONITORING PROCEDURES.
   Any alarm company engaged in the business of monitoring alarm systems in the
city shall:
      (1)   use only telephone numbers designated by the chief to report:
         (A)   commercial or residential holdup, panic, or duress alarm
notifications; and
         (B)   commercial or residential burglar alarm notifications;
      (2)   before requesting police response to a commercial or residential
alarm site for a burglar alarm notification, attempt to contact an occupant of
the alarm site twice by telephone (using different telephone numbers) in order
to verify the alarm notification;
      (3)   when reporting a commercial or residential burglar alarm
notification to the city, provide the alarm permit number and address of the
alarm site from which the alarm notification originated;
      (4)   when reporting a commercial or residential holdup, panic, or duress
alarm notification to the city, provide the alarm permit number and address of
the alarm site from which the alarm notification originated; and
      (5)   communicate alarm notifications to the city in a manner and form
determined by the chief. (Ord. Nos. 17586; 22038; 22571; 22910; 26200; 26919)
SEC. 15C-7.1.   REQUIREMENTS FOR ALARM COMPANIES.
   (a)   An alarm company shall confirm that a valid alarm permit has been
issued by the city for an alarm site before:
      (1)   performing any alarm system conversion at the alarm site; or
      (2)   activating any alarm system installed at the alarm site.
   (b)   An alarm company that has a contract with a permit holder or person in
control of an alarm system shall send a certification to the chief within 30
days after performing or causing the performance of an alarm system
installation, activation, or conversion. The information contained in the
certification is confidential to the extent required by Section 1702.286 of the
Texas Occupations Code and other law. The certification must state:
      (1)   the date of installation, activation, or conversion of the alarm
system, whichever is applicable;
      (2)   the address of the alarm system location and the name of the
occupant of the alarm system location;
      (3)   whether the alarm system is a burglar alarm system, a holdup,
panic, or duress alarm system, or a combination of alarm systems;
      (4)   the name, address, telephone number, and current state license
number of the alarm company providing the alarm system installation,
activation, or conversion;
      (5)   the name, address, telephone number, and current state license
number of the alarm company providing monitoring for the alarm system, if
different from the alarm company under contract to provide installation,
activation, or conversion of the alarm system;
      (6)   that the applicant has been given a complete set of written
operating instructions for the alarm system, written information on the
applicable law relating to false alarms (including the potential for penalties
and revocation or suspension of an alarm permit), and written guidelines on how
to prevent false alarms; and
      (7)   that the alarm company has trained the applicant in the proper use
of the alarm system, including instructions on how to prevent false alarms.
   (c)   An alarm company representative shall attend a system performance
review required by the chief under Section
15C-11. An alarm company may be issued a citation if its representative fails
to attend a system performance review required by Section
15C-11 after receiving notice of the conference from the chief.
   (d)   On and after February 1, 2006, an alarm company shall not install any
alarm system equipped with the holdup/panic/duress feature known as ONE PLUS.
For alarm systems installed before February 1, 2006, an alarm company shall
disarm the ONE PLUS feature:
      (1)   by February 1, 2006, if the alarm company has line access to the
alarm system; or
      (2)   the next time maintenance, service, or conversion work is performed
on the alarm system, if the alarm company does not have line access to the
alarm system. (Ord. Nos. 22038; 22571; 26200; 26919)
SEC. 15C-8.   DIRECT ALARM REPORTING; AUTOMATIC ALARM NOTIFICATION.
   A permit holder or person in control of an alarm system shall not transmit
or allow the transmission of automatic alarm notifications directly to the
communications center of the police department. (Ord. Nos. 17586; 21026; 22038;
22571; 26200; 26919)
SEC. 15C-9.   ALARM SYSTEM OPERATING INSTRUCTIONS.
   A person in control of an alarm system shall maintain at each alarm site a
complete set of written operating instructions for each alarm system. Special
codes, combinations, or passwords must not be included in these instructions.
(Ord. Nos. 17586; 22038; 22571; 26200; 26919)
SEC. 15C-10.   ALARM DISPATCH RECORDS.
   (a)   When responding to a dispatch resulting from a commercial or
residential holdup, panic, or duress alarm notification or a commercial or
residential burglar alarm notification, the city shall record such information
as necessary to permit the chief to maintain records, including but not limited
to the following information:
      (1)   identification of the permit holder;
      (2)   address of the alarm site;
      (3)   date, arrival time, and dispatch received time; and
      (4)   name of the permit holder's representative on the premises, if any.
   (b)   If the responding police officer determines that the alarm
notification was false, the responding police officer shall leave notice at the
alarm site that the police department has responded to a false alarm
notification. The notice must include the following information:
      (1)   the date and time of police response to the false alarm
notification;
      (2)   the identification number of the responding police officer; and
      (3)   a statement urging the permit holder to ensure that the alarm
system is properly operated and maintained. (Ord. Nos. 17586; 20112; 22038;
22571; 26200; 26919)
SEC. 15C-11.   SYSTEM PERFORMANCE REVIEWS.
   If there is reason to believe that a commercial or residential burglar alarm
system or a commercial or residential holdup, panic, or duress alarm system is
not being used or maintained in a manner that ensures proper operation to
suppress false alarms, the chief may require a conference to review the
circumstances of each false alarm with the alarm permit holder and the alarm
company under contract with the alarm permit holder. A person may be issued a
citation for failing to attend a system performance review after receiving
notice of the conference from the chief. (Ord. Nos. 17586; 22038; 22571; 26200;
26919)
SEC. 15C-12.   SERVICE FEES; PAYMENT PLAN.
   (a)   The holder of an alarm permit for, or the person in control of, a
burglar alarm system at a commercial or residential alarm site shall pay a
service fee, in accordance with the following schedule, for each false burglar
alarm notification (in excess of three) that is emitted from the alarm site, or
in the case of an apartment complex from each individual residential unit,
within any 12-month period:
 
FALSE ALARM NOTIFICATION SERVICE FEE
Fourth, fifth, and sixth $50
Seventh and eighth       $75
Ninth and subsequent     $100
 
   (b)   The holder of an alarm permit for, or the person in control of, a
holdup, panic, or duress alarm system at a residential alarm site shall pay a
service fee of $100 for each false holdup, panic, or duress alarm notification
that is emitted from the alarm site, or in the case of an apartment complex
from each individual residential unit.
   (c)   The holder of an alarm permit for, or the person in control of, a
holdup, panic, or duress alarm system at a commercial alarm site or at an
apartment complex (but only in the nonresidential areas of the apartment
complex or unoccupied residential units covered by the apartment complex’s
master alarm permit) shall pay a service fee, in accordance with the following
schedule, for each false holdup, panic, or duress alarm notification emitted
from the alarm site within any 12-month period:
 
FALSE ALARM NOTIFICATION SERVICE FEE
First                    $100
Second                   $200
Third                    $300
Fourth and subsequent    $400
 
   (d)   The holder of an alarm permit or the person in control of an alarm
system may, at the city’s discretion, enter into an agreement with the city to
pay any outstanding service fees on a scheduled payment plan. (Ord. Nos. 17586;
18411; 19300; 20112; 21026; 22038; 22571; 26200; 26919)
SEC. 15C-13.   REVOCATION OF AN ALARM PERMIT.
   (a)   The chief may revoke an alarm permit if it is determined that:
      (1)   there is a false statement of a material matter in the application
for a permit;
      (2)   the permit holder has failed to pay a service fee assessed under
Section
15C-12 within 90 days after a bill for the assessment was issued and has not
established a payment plan under Section
15C-12(d) for those fees;
      (3)   the permit holder has failed to comply with the terms of a payment
plan established under Section
15C-12(d); or
      (4)   the permitted alarm system has had eight or more false alarm
notifications within the preceding 12-month period.
   (b)   A person commits an offense if he operates an alarm system during the
period in which the alarm permit is revoked. (Ord. Nos. 17586; 20112; 21026;
22038; 22571; 26200; 26919)
SEC. 15C-14.   NOTICE OF DENIAL OR REVOCATION OF A PERMIT; APPEALS.
   (a)   If the chief refuses to issue or renew a permit, or revokes a permit,
the chief shall send to the applicant or permit holder by certified mail,
return receipt requested, written notice of the action and a statement of the
right to an appeal.
   (b)   The applicant or permit holder may appeal a denial, nonrenewal, or
revocation of an alarm permit or the assessment of a service fee to the city
manager by filing with the city manager a written request for a hearing,
setting forth the reasons for the appeal, within 10 days after receipt of the
notice of the chief's action or the bill assessing a service fee. The filing of
a request for an appeal hearing with the city manager stays an action of the
chief or the assessment of a service fee until the city manager or a designated
representative makes a final decision. If a request for an appeal hearing is
not made within the 10-day period, the action of the chief or the assessment of
the service fee is final.
   (c)   The city manager or a designated representative shall serve as hearing
officer at an appeal and consider evidence by any interested person. The formal
rules of evidence do not apply at an appeal hearing. The hearing officer shall
make a decision on the basis of a preponderance of the evidence presented at
the hearing. The hearing officer must render a decision within 60 days after
the request for an appeal hearing is filed.
   (d)   The hearing officer shall affirm, reverse, or modify the action of the
chief or the assessment of the service fee; except, that a hearing officer may
not reduce or increase the amount designated in Section
15C-12(a), (b), or (c), whichever is applicable, for a service fee that is
assessed for a false alarm notification determined by the hearing officer to
have occurred. The decision of the hearing officer is final as to
administrative remedies with the city. (Ord. Nos. 17586; 21026; 22038; 22571;
26200; 26919)
SEC. 15C-14.1.   REINSTATEMENT OF PERMIT.
   (a)   A person whose alarm permit has been revoked may have the permit
reinstated if the person:
      (1)   submits an updated application and pays a permit reinstatement fee
in accordance with Section
15C-2(c); and
      (2)   pays all outstanding service fees assessed under this article for
which a bill has been issued and for which a payment plan has not been
established under Section
15C-12(d).
   (b)   A reinstated permit expires the same date on which the original permit
would have expired had it not been revoked. (Ord. Nos. 20112; 21026; 22038;
22571; 26200; 26919)
SEC. 15C-15.   RESERVED.
   (Ord. Nos. 26200; 26919)
SEC. 15C-16.   VIOLATIONS; PENALTY; CORPORATIONS, PARTNERSHIPS AND
ASSOCIATIONS.
   (a)   An alarm company, an alarm permit holder, or a person in control of an
alarm system commits an offense if he violates any provision of this article by
either commission of an act that is forbidden or omission of a duty or
responsibility imposed upon him by this article.
   (b)   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, or permitted. Each offense is punishable by a fine of not
more than $500 and not less than:
      (1)   $200 for the first conviction; and
      (2)   $250 for the second and each subsequent conviction.
   (c)   In addition to prohibiting or requiring certain conduct of
individuals, it is the intent of this article to hold a corporation,
partnership, or other association criminally responsible for acts or omissions
performed by an agent acting in behalf of the corporation, partnership, or
other association, and within the scope of employment. (Ord. Nos. 17586; 19854;
19963; 21026; 22038; 22571; 26200; 26919)
SEC. 15C-17.   RESERVED.
   (Ord. Nos. 26200; 26919)
ARTICLE II.
ALARMS RESPONDED TO BY THE FIRE DEPARTMENT.
Division 1. In General.
SEC. 15C-18.   PURPOSE.
   The purpose of this article is not to discourage the use of mechanical,
electro-mechanical, or electronic fire or medical alarm systems. The purpose of
this article is to reduce the number of false fire and medical alarm
notifications by encouraging the proper operation and maintenance of the alarm
systems. False alarm notifications are detrimental to the public safety and
welfare. They require the deployment of available firefighters, paramedics, and
fire and medical equipment, thereby hindering prompt response to true
emergencies. (Ord. 19854)
SEC. 15C-19.   DEFINITIONS.
   In this article:
      (1)   ALARM ACTUATING DEVICE means a device that is designed to respond
either manually or automatically to smoke, fire, or activation of a fire
extinguishing system.
      (2)   ALARM SYSTEM means a device or system that emits, transmits, or
relays a signal, at the site or at a remote site, that is intended to summon,
or that would reasonably be expected to summon, fire or emergency medical
services of the city. Alarm systems are classified as follows:
         (A)   Group A means an alarm system with 10 or less alarm actuating
devices;
         (B)   Group B means an alarm system with not less than 11 nor more
than 100 alarm actuating devices;
         (C)   Group C means an alarm system with not less than 101 nor more
than 500 alarm actuating devices; and
         (D)   Group D means an alarm system with 501 or more alarm actuating
devices.
      (3)   ALARM SITE means a single premises or location (one street address)
served by an alarm system or systems that are under the control of one person.
      (4)   CHIEF means the chief of the fire department of the city or his
authorized representative.
      (5)   FALSE FIRE ALARM NOTIFICATION means a fire alarm notification to
the fire department, when the responding firefighters find no evidence of smoke
or fire. The term does not include a manual alarm notification to the fire
department when the responding firefighters determine that the notification was
caused by a person acting under a reasonable belief that smoke or fire existed.
      (6)   FALSE MEDICAL ALARM NOTIFI- CATION means a medical alarm
notification to the fire department, when the responding paramedics find no
evidence of a medical emergency. The term does not include a manual alarm
notification to the fire department when the responding paramedics determine
that the notification was caused by a person acting under a reasonable belief
that a medical emergency existed.
      (7)   FIRE ALARM NOTIFICATION means a notification intended to summon the
fire department that is initiated by an alarm system which is designed either
to be operated manually or to respond automatically to smoke or fire.
      (8)   MEDICAL ALARM NOTIFICATION means a notification intended to summon
the fire department that is initiated by an alarm system which is designed
either to be operated manually or to respond automatically to a medical
emergency.
      (9)   PERSON means an individual, corporation, partnership, association,
organization, or similar entity.
      (10)   PERSON IN CONTROL means the registrant, owner, or operator of an
alarm system.
      (11)   REGISTRANT means the person designated in the application for
registration, as required in Section
15C-28(b)(1), who is responsible for:
         (A)   responding to alarms and giving access to the alarm site;
         (B)   proper maintenance and operation of the alarm system; and
         (C)   payment of all service fees and penalties assessed under this
article. (Ord. 19854)
SEC. 15C-20.   PROPER ALARM SYSTEM OPERATION AND MAINTENANCE.
   The person in control of an alarm system shall:
      (1)   maintain premises containing an alarm system in a manner that
insures proper operation of the alarm system;
      (2)   maintain the alarm system in a manner that will minimize false
alarm notifications;
      (3)   respond or cause a representative to respond within a reasonable
period of time when notified by the city to repair or inactivate a
malfunctioning alarm system, to provide access to the premises, or to provide
security for the premises; and
      (4)   not manually activate an alarm for any reason other than an
occurrence of an event that the alarm system was intended to report. (Ord.
19854)
SEC. 15C-21.   REPORTING OF ALARM SIGNALS.
   The person in control of an alarm system shall not allow alarm signals to be
reported through a relaying intermediary that does not comply with the
requirements of this article and any rules and regulations promulgated by the
chief. (Ord. 19854)
SEC. 15C-22.   INDIRECT ALARM REPORTING.
   A person who is engaged in the business of relaying alarm notifications to
the city shall communicate alarm notifications to the city in a manner and form
determined by the chief. (Ord. 19854)
SEC. 15C-23.   ALARM SYSTEM OPERATING INSTRUCTIONS.
   A person in control of an alarm system shall maintain at each alarm site a
complete set of written operating instructions for each alarm system. Special
codes, combinations, or passwords must not be included in these instructions.
(Ord. 19854)
SEC. 15C-24.   ALARM DISPATCH RECORDS.
   (a)   The firefighter or paramedic responding to a dispatch resulting from
an automatic or a manual alarm notification shall record such information as
necessary to permit the chief to maintain records, including but not limited to
the following information:
      (1)   identification of the person in control of the alarm system;
      (2)   identification of the alarm site;
      (3)   arrival time and dispatch received time;
      (4)   time of day and date;
      (5)   weather conditions;
      (6)   district; and
      (7)   name of the person in control's representative on the premises, if
any.
   (b)   The responding firefighter or paramedic shall indicate on the dispatch
record whether the alarm notification was caused by smoke, fire, or medical
emergency and whether the alarm notification came from an automatic or a manual
alarm system. (Ord. 19854)
SEC. 15C-25.   SYSTEM PERFORMANCE REVIEWS.
   If there is reason to believe that an alarm system is not being used or
maintained in a manner that insures proper operation and suppresses false alarm
notifications, the chief may require a conference with the person in control of
the alarm system and the individual or association responsible for maintenance
of the alarm system to review circumstances of each false alarm notification.
(Ord. 19854)
SEC. 15C-26.   VIOLATIONS; PENALTY; CORPORATIONS, PARTNERSHIPS AND
ASSOCIATIONS.
   (a)   A person commits an offense if he violates by commission or omission
any provision of this article that imposes upon him a duty or responsibility.
   (b)   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, or permitted, and each offense is punishable by a fine of
not more than $2,000, but not less than $50 upon first conviction and not less
than $75 upon second and subsequent convictions.
   (c)   In addition to prohibiting or requiring certain conduct of
individuals, it is the intent of this article to hold a corporation,
partnership, or other association criminally responsible for acts or omissions
performed by an agent acting in behalf of the corporation, partnership, or
other association, and within the scope of his employment. (Ord. 19854)
SEC. 15C-27.   APPEAL OF SERVICE FEES.
   (a)   A person may appeal a service fee assessed under Section
15C-29 or
15C-32 for a false fire or medical alarm notification if he delivers a written
request for an appeal to the chief not more than 10 business days after notice
of the assessment.
   (b)   The chief shall appoint a hearing panel to hear the appeal. A hearing
panel shall be composed of:
      (1)   one representative from the fire marshal's division of the fire
department;
      (2)   one representative from the emergency operations division of the
fire department; and
      (3)   one person currently licensed by the State of Texas to install or
design alarm systems.
   (c)   The hearing panel shall give the appealing party an opportunity to
present evidence and make argument in his behalf. The formal rules of evidence
do not apply to an appeal under this section, and the hearing panel shall make
its ruling on the basis of a preponderance of the evidence presented at the
hearing.
   (d)   The hearing panel may affirm or reverse the assessment of a service
fee, but may not modify the amount of the service fee assessed. The decision of
the hearing panel is final as to available administrative remedies. (Ord.
19854)
Division 2. Fire Alarms.
SEC. 15C-28.   REGISTRATION OF ALARM SYSTEM.
   (a)   Whenever a false fire alarm notification is initiated at an alarm
site, the person in control shall register the alarm system with the chief,
unless the alarm system is currently registered with the chief. Registration
must be made within 10 calendar days after receipt of notice from the chief of
the false fire alarm notification.
   (b)   Each registration must be accompanied by a $10 registration fee and be
made upon a form provided by the chief. The registration application must
include the following information:
      (1)   name, address, and telephone number of the person who will be the
registrant, and be responsible for the proper maintenance and operation of the
alarm system and payment of fees assessed under this division;
      (2)   classification of the alarm site as either residential or
commercial;
      (3)   number of alarm actuating devices in the alarm system; and
      (4)   other information required by the chief which is necessary for the
enforcement of this division.
   (c)   A person commits an offense if he makes any false statement of a
material matter in his application for alarm registration.
   (d)   Upon receipt of a completed application form, the chief shall issue
proof of alarm registration to an applicant. An alarm registration expires on
December 31 of the calendar year following the calendar year in which
registration was issued. An expired alarm registration is not required to be
renewed unless a false alarm notification is initiated from the alarm system
after the registration expires.
   (e)   An alarm registration cannot be transferred to another person. A
registrant shall inform the chief of any changes in the information listed on
the registration application within 10 business days. No fee will be assessed
for such changes. (Ord. 19854)
SEC. 15C-29.   SERVICE FEE FOR FALSE FIRE ALARM NOTIFICATION.
   (a)   The person in control of an alarm system shall pay a service fee to
the city for each false fire alarm notification in excess of one that is
initiated at the alarm site during any calendar month. The service fee is $50
for a residential alarm site and $100 for a commercial alarm site.
   (b)   If a person submits satisfactory proof of the installation date to the
chief, no service fee will be assessed during the first 30 days after the
installation of a new alarm system, and false fire alarm notifications during
that period will not be counted in determining when a service fee will be
assessed. Registration is still required for false fire alarm notifications
occurring during the first 30 days after installation. (Ord. 19854)
SEC. 15C-30.   WAIVER OF SERVICE FEE.
   (a)   The fire chief may waive a service fee if, within 14 days after the
date of the false fire alarm notification, maintenance is performed on the
alarm system by, or with the direct supervision and approval of, a person
currently licensed by the State of Texas to install or design fire alarm
systems.
   (b)   Before a fee may be waived, proof of maintenance must be submitted to
the fire chief in the form of an affidavit and must include the following:
      (1)   A statement that system-wide maintenance was performed on the alarm
system.
      (2)   A statement that the alarm system was checked and is operating
properly.
      (3)   The verified signature of the licensed fire alarm system installer
or designer performing, or supervising and approving, the maintenance.
      (4)   The current state license number of the fire alarm system installer
or designer.
   (c)   The number of times a service fee may be waived in any calendar year
for an alarm system may not exceed the following for each classification of
alarm system:
 
Classification Maximum Waivers
Group A        3
Group B        6
Group C        12
Group D        24
 
(Ord. 19854)
Division 3. Medical Alarms.
SEC. 15C-31.   REGISTRATION OF ALARM SYSTEM.
   (a)   Whenever a false medical alarm notification is initiated at an alarm
site, the person in control shall register the alarm system with the chief,
unless the alarm system is currently registered with the chief. Registration
must be made within 10 calendar days after receipt of notice from the chief of
the false medical alarm notification.
   (b)   Each registration must be accompanied by a $10 registration fee and be
made upon a form provided by the chief. The registration application must
include the following information:
      (1)   name, address, and telephone number of the person who will be the
registrant, and be responsible for the proper maintenance and operation of the
alarm system and payment of fees assessed under this division;
      (2)   classification of the alarm site as either residential or
commercial;
      (3)   number of alarm actuating devices in the alarm system; and
      (4)   other information required by the chief which is necessary for the
enforcement of this division.
   (c)   A person commits an offense if he makes any false statement of a
material matter in his application for alarm registration.
   (d)   Upon receipt of a completed application form, the chief shall issue
proof of alarm registration to an applicant. An alarm registration expires on
December 31 of the calendar year following the calendar year in which
registration was issued. An expired alarm registration is not required to be
renewed unless a false alarm notification is initiated from the alarm system
after the registration expires.
   (e)   An alarm registration cannot be transferred to another person. A
registrant shall inform the chief of any changes in information listed on the
registration application within 10 business days. No fee will be assessed for
such changes. (Ord. 19854)
SEC. 15C-32.   SERVICE FEE FOR FALSE MEDICAL ALARM NOTIFICATION.
   (a)   The person in control of an alarm system shall pay a service fee of
$100 to the city for each false medical alarm notification in excess of one
that is initiated at the alarm site during any calendar year.
   (b)   If a person submits satisfactory proof of the installation date to the
chief, no service fee will be assessed during the first 30 days after the
installation of a new alarm system, and false medical alarm notifications
during that period will not be counted in determining when a service fee will
be assessed. Registration is still required for false medical alarm
notifications occurring during the first 30 days after installation. (Ord.
19854)
SEC. 15C-33.   WAIVER OF SERVICE FEE.
   (a)   The chief may waive a service fee if, within 14 days after the date of
the false medical alarm notification, maintenance is performed on the alarm
system by, or with the direct supervision and approval of, a person currently
licensed by the State of Texas to install or design alarm systems.
   (b)   Before a fee may be waived, proof of maintenance must be submitted to
the chief in the form of an affidavit and must include the following:
      (1)   A statement that system-wide maintenance was performed on the alarm
system.
      (2)   A statement that the alarm system was checked and is operating
properly.
      (3)   The verified signature of the licensed alarm system installer or
designer performing, or supervising and approving, the maintenance.
      (4)   The current state license number of the alarm system installer or
designer.
   (c)   No more than two service fees may be waived under this section in any
calendar year. (Ord. 19854)
CHAPTER 15D
EMERGENCY VEHICLES
ARTICLE I.
AMBULANCES.
Division 1. General Provisions.
Sec.
15D-1.   Statement of policy.
Sec.
15D-2.   General authority and duty of director.
Sec.
15D-3.   Establishment of rules and regulations.
Sec.
15D-4.   Definitions.
Division 2. Emergency Medical Services.
Sec.
15D-5.   Emergency ambulance service provided by fire department; fee.
Sec.
15D-5.1.   Mobile community healthcare program provided by fire department.
Sec.
15D-5.2.   Emergency medical service training program.
Sec.
15D-6.   Private emergency ambulance service regulations.
Division 3. Private Ambulance Service License.
Sec.
15D-7.   Private ambulance service license required.
Sec.
15D-8.   Qualification for private ambulance license.
Sec.
15D-9.   Application for license.
Sec.
15D-9.1.   Public hearing; burden of proof.
Sec.
15D-9.2.   License issuance; fee; display; transferability.
Sec.
15D-9.3.   Expiration and renewal of license.
Sec.
15D-9.4.   Refusal to issue or renew license.
Sec.
15D-9.5.   Suspension and revocation of license.
Sec.
15D-9.6.   Appeal from license suspension.
Sec.
15D-9.7.   Appeal from license denial or revocation.
Division 4. Ambulance Personnel Permit.
Sec.
15D-9.8.   Ambulance personnel permit required.
Sec.
15D-9.9.   Qualification for ambulance personnel permit.
Sec.
15D-9.10.   Application for ambulance personnel permit.
Sec.
15D-9.11.   Investigation of application.
Sec.
15D-9.12.   Issuance and denial of ambulance personnel permit.
Sec.
15D-9.13.   Expiration of permit; voidance upon suspension or revocation of
state driver’s license.
Sec.
15D-9.14.   Provisional permit.
Sec.
15D-9.15.   Probationary permit.
Sec.
15D-9.16.   Duplicate permit.
Sec.
15D-9.17.   Display of permit.
Sec.
15D-9.18.   Suspension by a designated representative.
Sec.
15D-9.19.   Suspension of ambulance personnel permit.
Sec.
15D-9.20.   Revocation of ambulance personnel permit.
Sec.
15D-9.21.   Private ambulance operation after suspension, revocation, or denial
of permit renewal.
Sec.
15D-9.22.   Appeal of denial, suspension, or revocation.
Sec.
15D-9.23.   Current mailing address of permittee.
Division 5. Miscellaneous Regulations.
Sec.
15D-9.24.   Duty of licensee and permittee to comply.
Sec.
15D-9.25.   Licensee’s duty to enforce compliance by permittees.
Sec.
15D-9.26.   Insurance.
Division 6. Service Rules and Regulations.
Sec.
15D-9.27.   Private ambulance service.
Sec.
15D-9.28.   Apparel to be worn by ambulance personnel.
Sec.
15D-9.29.   Records and reports of private ambulance service.
Sec.
15D-9.30.   Miscellaneous offenses.
Division 7. Vehicles and Equipment.
Sec.
15D-9.31.   Inspection of private ambulances and equipment.
Sec.
15D-9.32.   Vehicles and equipment.
Sec.
15D-9.33.   Decals.
Division 8. Enforcement.
Sec.
15D-9.34.   Authority to inspect.
Sec.
15D-9.35.   Enforcement by police department.
Sec.
15D-9.36.   Correction order.
Sec.
15D-9.37.   Service of notice.
Sec.
15D-9.38.   Appeal.
Sec.
15D-9.39.   Criminal offenses; defenses.
ARTICLE II.
EMERGENCY WRECKERS.
Division 1. General Provisions.
Sec.
15D-10.   Statement of policy.
Sec.
15D-11.   Powers and duties of the director.
Sec.
15D-12.   Powers and duties of the chief of police.
Sec.
15D-13.   Establishment of rules and regulations.
Sec.
15D-14.   Exceptions.
Sec.
15D-15.   Definitions.
Sec.
15D-16.   Driving wrecker to a police scene prohibited; exception.
Sec.
15D-17.   Soliciting wrecker business at a police scene prohibited; presence at
scene as evidence of violation.
Sec.
15D-18.   Soliciting by advertising.
Sec.
15D-19.   Response to private calls prohibited.
Division 2. Emergency Wrecker Service License.
Sec.
15D-20.   License required; trade name registration; business location.
Sec.
15D-21.   License application; change of zone.
Sec.
15D-22.   License qualifications.
Sec.
15D-23.   License issuance; fee; display; transferability; expiration.
Sec.
15D-24.   Refusal to issue or renew license.
Sec.
15D-25.   Suspension of license.
Sec.
15D-26.   Revocation of license.
Sec.
15D-27.   Appeals.
Division 3. Wrecker Driver’s Permit.
Sec.
15D-28.   Wrecker driver’s permit required.
Sec.
15D-29.   Qualifications for a wrecker driver’s permit.
Sec.
15D-30.   Application for wrecker driver’s permit; fee.
Sec.
15D-31.   Investigation of application.
Sec.
15D-32.   Issuance and denial of wrecker driver’s permit.
Sec.
15D-33.   Expiration of wrecker driver’s permit; voidance upon suspension or
revocation of state driver’s license or state towing operator’s license.
Sec.
15D-34.   Provisional permit.
Sec.
15D-35.   Probationary permit.
Sec.
15D-36.   Duplicate permit.
Sec.
15D-37.   Display of permit.
Sec.
15D-38.   Suspension by a designated representative.
Sec.
15D-39.   Suspension of wrecker driver’s permit.
Sec.
15D-40.   Revocation of wrecker driver’s permit.
Sec.
15D-41.   Wrecker operation after suspension or revocation.
Sec.
15D-42.   Appeal from denial, suspension, or revocation.
Division 4. Miscellaneous Licensee and Driver Regulations.
Sec.
15D-43.   Licensee’s and driver’s duty to comply.
Sec.
15D-44.   Licensee’s duty to enforce compliance by drivers.
Sec.
15D-45.   Apparel to be worn by drivers.
Sec.
15D-46.   Insurance.
Sec.
15D-47.   Information to be supplied upon request of director.
Sec.
15D-48.   Emergency wrecker service records.
Sec.
15D-49.   Failure to pay ad valorem taxes.
Division 5. Service Rules and Regulations.
Sec.
15D-50.   Emergency wrecker service zones; wrecker list procedure.
Sec.
15D-51.   Removal of a vehicle with a wrecker.
Sec.
15D-52.   Requirements and operating procedures.
Sec.
15D-53.   Rapid response program.
Sec.
15D-53.1.   Rapid response locations.
Sec.
15D-54.   Disposition of towed vehicles.
Sec.
15D-55.   Notification of police department; impounded vehicle receipts.
Sec.
15D-56.   City-owned wreckers.
Division 6. Fee Schedule.
Sec.
15D-57.   Maximum fee schedule for emergency wrecker service.
Division 7. Vehicles and Equipment.
Sec.
15D-58.   Vehicles and equipment.
Division 8. Enforcement.
Sec.
15D-59.   Authority to inspect.
Sec.
15D-60.   Enforcement by police department.
Sec.
15D-61.   Correction order.
Sec.
15D-62.   Service of notice.
Sec.
15D-63.   Appeal.
Sec.
15D-64.   Offenses.
ARTICLE III.
PUBLIC SERVICE CORPORATIONS.
Sec.
15D-65.   Definitions.
Sec.
15D-66.   Permit required.
Sec.
15D-67.   Application.
Sec.
15D-68.   Permit issuance; standards of operation.
Sec.
15D-69.   Term; posting.
Sec.
15D-70.   Operators to have chauffeur’s license.
ARTICLE IV.
MOTOR VEHICLE ACCIDENT CLEANUP FEE.
Sec.
15D-71.   Motor vehicle accident cleanup fee.
ARTICLE I.
AMBULANCES.
Division 1. General Provisions.
SEC. 15D-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 transportation of the sick, injured, and deceased
within the city, and as it relates to the efficient use of emergency medical
services within the city. To this end, this article provides for the regulation
of emergency ambulance service, emergency medical services, and private
ambulance service to be administered in a manner that protects the public
health and safety and promotes the public convenience and necessity. Nothing in
this article will be construed to conflict with any state or federal law
relating to emergency and private ambulance service. (Ord. Nos. 21861; 29544)
SEC. 15D-2.   GENERAL AUTHORITY AND DUTY OF DIRECTOR.
   The director shall implement and enforce this article and may by written
order establish such rules and regulations, not inconsistent with this article,
as the director determines necessary to discharge any duty under or to effect
the policy of this article. (Ord. 21861)
SEC. 15D-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 Article 6252-17, Vernon’s Texas Civil
Statutes, 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. 21861)
SEC. 15D-4.   DEFINITIONS.
   In this article:
      (1)   AMBULANCE means any motor vehicle constructed, reconstructed,
arranged, equipped, or used for the purpose of transporting sick, injured, or
deceased persons.
      (2)   AMBULANCE CALL means the act of responding with an ambulance, for
compensation, to a request for transportation of a sick, injured, or deceased
person.
      (3)   AMBULANCE PERSONNEL means a person who for compensation has the
duty of performing or assisting in the performance of an ambulance call,
including driving or acting as an attendant on an ambulance.
      (4)   CITY means the city of Dallas, Texas.
      (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)   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)   EMERGENCY means any circumstance that calls for immediate action
and in which the element of time in transporting a sick or injured person for
medical treatment or in providing treatment for a sick or injured person is
essential to the health, life, or limb of the person. Such circumstances
include, but are not limited to, accidents generally, acts of violence
resulting in personal injury, and sudden illnesses.
      (8)   EMERGENCY AMBULANCE means an ambulance specially designed,
constructed, equipped, and used for transporting the sick or injured in answer
to an emergency call.
      (9)   EMERGENCY CALL means any request for ambulance service that is made
by telephone or other means of communication in circumstances that are, or have
been represented to be, an emergency.
      (10)   EMERGENCY MEDICAL SERVICES means services used to respond to an
individual’s perceived need for immediate medical care and to prevent death or
aggravation of physiological or psychological illness or injury.
      (11)   EMERGENCY MEDICAL SERVICES VEHICLE means any motor vehicle
constructed, reconstructed, arranged, equipped, or used in the mobile community
healthcare program by the fire department for the purpose of providing
emergency medical services but not for transporting sick, injured, or deceased
persons.
      (12)   EMERGENCY PATIENT means a person in whom a sickness or injury may
cause a significant risk to the person’s life or limb. Such sickness or injury
may include, but is not limited to, trauma (major injury to the body, head, or
extremities), chest pain, abdominal pain, unconsciousness, delirium, imminent
delivery of a child, and serious infection.
      (13)   EMERGENCY PREHOSPITAL CARE means care provided to the sick or
injured during emergency transportation to a medical facility and includes any
necessary stabilization of the sick or injured in connection with that
transportation.
      (14)   EMERGENCY RUN means an emergency ambulance trip, requiring the use
of warning lights or sirens, to the place where an emergency exists or from the
place of the emergency to a hospital, medical clinic or office, or other
appropriate destination for the patient.
      (15)   FIRE ALARM DISPATCHER means the central communications center of
the fire department.
      (16)   FIRE CHIEF means the chief of the fire department or the chief’s
duly authorized representative.
      (17)   FIRE DEPARTMENT means the fire department of the city of Dallas,
Texas.
      (18)   FIRE DEPARTMENT PARAMEDIC means a fire department employee
certified as a paramedic by the Texas Department of State Health Services.
      (18.1)   HARDSHIP ASSISTANCE means the reduction of ambulance service
charges assessed to a transported patient or the payment-responsible party on
behalf of a transported patient approved by the city manager, department
director, or designee.
      (19)   LAWFUL ORDER means a verbal or written directive 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.
      (20)   LICENSE means written authorization issued by the director for a
person to operate a private ambulance service within the city.
      (21)   LICENSEE means a person licensed under this article to engage in
private ambulance service. The term includes any owner, operator, driver,
ambulance personnel, employee, or agent of the licensed business, but does not
include a subcontractor.
      (22)   MEDICAL DIRECTOR means a physician licensed by the Texas Medical
Board who is under contract with the city to be responsible for all aspects of
the provision of emergency medical services within the city under Title 22 of
the Texas Administrative Code Chapter 197, as amended.
      (23)   MUTUAL AID CALL means a request for emergency ambulance service
issued by one political jurisdiction to a neighboring political jurisdiction.
      (24)   NEONATE/ PEDIATRIC TRANSPORT PERSONNEL means a registered nurse,
physician, or respiratory therapist specially trained in the emergency and
transport care of newborn and pediatric patients.
      (25)   OPERATE means to drive or to be in control of an ambulance.
      (26)   OPERATOR means the driver of an ambulance, the owner of an
ambulance, or the holder of a private ambulance service license.
      (27)   OWNER means the person to whom state license plates for a vehicle
were issued.
      (28)   PERMIT means written authorization issued by the director for a
person to act as an ambulance personnel on a private ambulance within the city.
      (29)   PERMITTEE means a person who has been issued an ambulance
personnel permit by the director under this article.
      (30)   PERSON means any individual, corporation, business, trust,
partnership, association, or other legal entity.
      (31)   POLICE CHIEF means the chief of police of the city of Dallas or
the chief’s duly authorized representative.
      (32)   PRIVATE AMBULANCE means an ambulance constructed, equipped, and
used for transporting sick, injured, or deceased persons under circumstances
that do not constitute an emergency and have not been represented as an
emergency.
      (33)   PRIVATE AMBULANCE SERVICE means the business of transporting, for
compensation, sick, injured, or deceased persons under circumstances that do
not constitute an emergency and have not been represented as an emergency.
      (34)   SPECIAL EVENT means any parade, sporting event, concert, or other
event or gathering requiring on-site standby medical personnel.
      (35)   STREET means any street, alley, avenue, boulevard, drive, or
highway commonly used for the purpose of travel within the corporate limits of
the city.
(Ord. Nos. 21861; 29544; 31289)
Division 2. Emergency Medical Services.
SEC. 15D-5.   EMERGENCY AMBULANCE SERVICE PROVIDED BY FIRE DEPARTMENT; FEE.
   (a)   The fire department shall provide all emergency ambulance service
within the city.
   (b)   The city shall charge the following fees for emergency ambulance
services in the city provided in response to a call received by the fire
department requesting the services:
      (1)   $1,473 for each transport of a resident of the city of Dallas to a
hospital and $1,868 for each transport of a nonresident of the city of Dallas
to a hospital.
      (2)   $125 for treatment of a person who is not transported by ambulance.
      (3)   The reasonable cost of any expendable items that are medically
required to be used on a person transported by ambulance or treated without
being transported by ambulance, including but not limited to drugs, dressings
and bandages, airways, oxygen masks, intravenous fluids and equipment,
syringes, and needles.
      (4)   The reasonable cost of any EKG/telemetry that is medically required
to be performed on a person transported by ambulance or treated without being
transported by ambulance.
      (5)   The reasonable cost of each additional paramedic over two that is
medically required to respond to an emergency call.
      (6)   $10 for each loaded mile of transport by ambulance, beginning when
the patient is loaded into the ambulance and ending upon arrival at the
hospital.
   (c)   The person receiving emergency ambulance service, whether transported
by ambulance or treated without being transported by ambulance, and any person
contracting for the service shall be responsible for payment of all fees less
any reduction in fees received from hardship assistance. In the case of service
received by a minor, the parent or guardian of the minor shall be responsible
for payment of all fees less any reduction in fees received from hardship
assistance on behalf of the qualifying minor.
   (d)   A current list of charges for the items, services, and personnel
described in Subsections (b)(3), (4), and (5) must be maintained in the office
of the emergency medical services division of the fire department and made
available for public inspection during normal business hours.
   (e)   The city manager or his or her designee shall adopt an ambulance
hardship assistance policy and the procedures for administering the policy.
(Ord. Nos. 21861; 22565; 24743; 26134; 27353; 29879; 30215; 31289; 31332;
32556)
SEC. 15D-5.1.   MOBILE COMMUNITY HEALTHCARE PROGRAM PROVIDED BY FIRE
DEPARTMENT.
   (a)   Findings and purpose.
      (1)   The city incurs significant expense related to the health
emergencies of its citizens. Fire department paramedics are especially skilled
at providing certain emergency medical services. Many of the emergency medical
services provided by fire department paramedics are beneficial in the transport
of sick or injured persons, as well as in responding to a person’s perceived
need for immediate medical care.
      (2)   The city’s mobile community healthcare program is designed to:
         (A)   support efficient and effective emergency medical services
within the city;
         (B)   provide health education to residents;
         (C)   assess living environments that may be dangerous or detrimental
to a citizen’s health and could contribute to an emergency situation; and
         (D)   respond to certain emergency medical situations by providing
vaccinations and immunizations.
      (3)   The mobile community healthcare program is also intended to promote
health and safety by referring mobile healthcare program participants to
appropriate professionals and organizations in the community.
      (4)   Because police and fire personnel encounter many individuals while
performing their duties, protecting those personnel from communicable diseases
using appropriate vaccines or immunizations reduces the spread of such diseases
and reduces the number of personnel unavailable to protect the safety of the
public.
   (b)   General provisions.
      (1)   Texas Health and Safety Code Chapter 773, as amended, and Title 22
of the Texas Administrative Code Chapter 197, as amended, authorize fire
department paramedics that are supervised by a physician licensed to practice
medicine in Texas to provide emergency medical services.
      (2)   Under the mobile community healthcare program, fire department
paramedics that are under the supervision of a physician licensed to practice
medicine in Texas may use emergency medical services vehicles to provide
emergency medical services, including immunization and vaccinations, to:
         (A)   individuals that meet criteria established by the director;
         (B)   individuals identified through a contract executed under
Paragraph (5) below; and
         (C)   police and fire personnel.
      (3)   The director shall promulgate standard operating procedures
regarding emergency medical services provided by fire department paramedics as
part of the mobile community healthcare program.
      (4)   A physician licensed to practice medicine in Texas shall develop,
implement, and revise protocols and standing delegation orders regarding
emergency medical services provided by the fire department paramedics as part
of the mobile community healthcare program.
      (5)   The city may enter into contracts with hospitals within Dallas city
limits authorizing fire department paramedics, through the mobile community
healthcare program, to provide emergency medical services to certain
individuals who reside in the city, meet criteria established by a contract,
and are designated by the contracting hospital. These contracts with hospitals
must:
         (A)   require that any emergency medical services provided by the fire
department paramedics shall be provided under the supervision of the
individual’s treating physician or the appropriate hospital medical staff and
through the exercise of the supervising physician’s independent medical
judgment;
         (B)   require that the hospital develop treatment protocols for their
discharged individuals receiving emergency medical services from fire
department paramedics through the mobile community healthcare program, and that
those treatment protocols are deemed by the medical director to be within the
scope of the fire department paramedics’ certification;
         (C)   require that any medications prescribed to individuals
participating in the mobile community healthcare program will be prescribed by
the individual’s treating physician or the appropriate hospital medical staff
based on the prescribing physician’s relationship with the individual; and
         (D)   be reviewed and approved as to form by the compliance officer
and director of risk management before consideration by city council.
      (6)   Nothing in this chapter shall be construed to restrict a physician
from delegating administrative and technical or clinical tasks not involving
the exercise of independent medical judgment to those specifically trained
individuals instructed and directed by a licensed physician who accepts
responsibility for the acts of such allied health personnel. Further, nothing
shall be construed to relieve the supervising physician of the professional or
legal responsibility for the care and treatment of his or her patients.
   (c)   Fees. The city shall charge a $252 per hour fee to hospitals utilizing
emergency medical services in the city to provide mobile community healthcare.
(Ord. Nos. 29544; 31332, eff. 10/1/19)
SEC. 15D-5.2.   EMERGENCY MEDICAL SERVICE TRAINING PROGRAM.
   (a)   Findings and purpose. The city partners with Emergency Medical Service
("EMS") training programs throughout the city. Through the partnerships, the
city provides students in the programs the opportunity to participate in ride-
outs with Dallas Fire-Rescue EMS personnel for the purpose of attaining the
necessary training hours required for program completion.
   (b)   Fees. The city shall charge the following fees for all training ride-
out services:
      (1)   $75 per emergency medical training internship college district
student.
      (2)   $75 per emergency medical training paramedic corporate student.
(Ord. 31332, eff. 10/1/19)
SEC. 15D-6.   PRIVATE EMERGENCY AMBULANCE SERVICE REGULATIONS.
   (a)   A person who is not a member of the fire department or of an agency of
the United States commits an offense if he furnishes, operates, conducts,
maintains, advertises, or otherwise engages in or professes to be engaged in
emergency ambulance service within the city, for the purpose of picking up
emergency patients within the city, except in the following circumstances:
      (1)   A person shall operate an emergency ambulance within the city to
render assistance during a catastrophe or major emergency if requested to do so
by the fire alarm dispatcher when city-authorized emergency ambulances are
determined to be insufficient in number or inadequate for other reasons.
      (2)   A person may operate an emergency ambulance within the city to
render assistance to city- authorized emergency ambulances responding to a
mutual aid call if requested to do so by the fire alarm dispatcher.
      (3)   A person may operate an emergency ambulance to a hospital within
the city, if:
         (A)   the emergency patient was picked up by the ambulance outside the
city limits;
         (B)   the ambulance making the emergency run is licensed and operated
in accordance with the Emergency Medical Services Act (Chapter 773, Texas
Health and Safety Code), as amended; and
         (C)   the person first notifies the fire alarm dispatcher of the route
to be used in the emergency run.
      (4)   A licensee or permittee may operate a private ambulance within the
city as a backup emergency ambulance if requested to do so by the fire alarm
dispatcher when city-authorized emergency ambulances are not available.
      (5)   A permittee may operate a private ambulance on an emergency run if,
upon responding to a direct call for nonemergency private ambulance service,
the permittee determines that an emergency exists requiring the sick or injured
person to be transported with all practical speed to a hospital and obtains
permission from the fire alarm dispatcher to make the emergency run.
      (6)   A permittee may operate a private ambulance on an emergency run if,
while performing the service of maintaining a private ambulance at a particular
location for a special event, the permittee determines that an emergency exists
requiring a sick or injured person to be transported with all practical speed
to a hospital and obtains permission from the fire alarm dispatcher to make the
emergency run.
      (7)   A permittee may operate a private ambulance on an emergency run to
transport vital organs, including, but not limited to, hearts, lungs, kidneys,
and eyes, to or from a hospital if the permittee obtains permission from the
fire alarm dispatcher.
      (8)   A permittee may operate a private ambulance on an emergency run to
transport a newborn or pediatric patient from a lower level skill facility to a
higher level skill facility if:
         (A)   the patient’s doctor has determined that an emergency exists;
         (B)   the patient is accompanied by neonate/pediatric transport
personnel; and
         (C)   the permittee obtains permission from the fire alarm dispatcher
to make the emergency run.
   (b)   Any person who operates a licensed private ambulance on an emergency
run under Subsection (a)(5), (6), (7), or (8) shall, within 30 days of each
emergency run, submit to the director a report on a form provided for that
purpose, describing the circumstances requiring the emergency run. (Ord. 21861)
Division 3. Private Ambulance Service License.
SEC. 15D-7.   PRIVATE AMBULANCE SERVICE LICENSE REQUIRED.
   (a)   A person commits an offense if he operates a private ambulance service
within the city without a valid private ambulance service license issued by the
director.
   (b)   A person commits an offense if he advertises or causes to be
advertised the operation of a private ambulance service that does not have a
valid license granted under this article when the advertisement is reasonably
calculated to be seen by persons seeking private ambulance service in the city.
   (c)   A person commits an offense if he transports or offers to transport,
for compensation, a sick, injured, or deceased person by private ambulance from
a location within the city to a location either inside or outside the city
without holding or being employed by a person holding a valid license issued
under this article.
   (d)   A person commits an offense if he hires or employs a private ambulance
service to pick up a sick, injured, or deceased person in the city when he
knows the private ambulance service does not have a valid license under this
article.
   (e)   It is a defense to prosecution under Subsection (b) that the person
was the publisher of the advertising material and had no knowledge that the
private ambulance service did not have a valid license under this article.
(Ord. 21861)
SEC. 15D-8.   QUALIFICATION FOR PRIVATE AMBULANCE LICENSE.
   (a)   To qualify for a private ambulance license, an applicant must:
      (1)   be at least 18 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)   robbery as described in Chapter 29 of the Texas Penal Code;
            (v)   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 private or emergency ambulance service;
            (vi)   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 private or emergency ambulance service;
            (vii)   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 private or emergency ambulance service;
            (viii)   tampering with a govern- mental 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
private or emergency ambulance service;
            (ix)   public indecency (prostitution or obscenity) as described in
Chapter 43 of the Texas Penal Code;
            (x)   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;
            (xi)   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;
            (xii)   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
            (xiii)   criminal attempt to commit any of the offenses listed in
Subdivision (4)(A)(i) through (xii) 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;
   (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 license only if the director determines that the applicant is
presently fit to provide private ambulance service. 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. (Ord. 21861)
SEC. 15D-9.   APPLICATION FOR LICENSE.
   (a)   To obtain a private ambulance service license, a person must make
written application to the director upon a form provided for that purpose. The
application must be signed and sworn to by an applicant who is the owner of the
private ambulance service. The application must include the following:
      (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 business establishment from which the private ambulance
service will be operated;
      (2)   the form of business of the applicant and, if the business is a
sole proprietorship, partnership, corporation, or association, a copy of the
documents establishing the business and the name and address of each person
with a direct interest in the business;
      (3)   a statement of the nature and character of the service that the
applicant proposes to provide, the facts showing the demand for the service,
the experience that the applicant has had in providing such service, and the
time period, if any, that the applicant provided such service within the city;
      (4)   an identification and description of any revocation or suspension
of a private ambulance service license held by the applicant or business before
the date of filing the application;
      (5)   the number and description of vehicles to be operated in the
proposed service, including the year, make, model, vehicle identification
number, and state license plate number and the class, size, design, and color
scheme of each ambulance;
      (6)   documentary evidence from an insurance company indicating a
willingness to provide insurance as required by this article;
      (7)   documentary evidence of payment of ad valorem taxes owed on the
real and personal property to be used in connection with the operation of the
proposed service if the business establishment is located in the city;
      (8)   a list, to be current at all times, of the owners and management
personnel of the private ambulance service and of all employees who will
participate in private ambulance service, including names, addresses, dates of
birth, state driver’s license numbers, and social security numbers;
      (9)   a list of any claims or judgments against the applicant, other
owners or management personnel, or employees for damages resulting from the
negligent operation of an ambulance or any other vehicle;
      (10)   proof of financial ability and responsibility of the applicant;
      (11)   proof of a license from the Texas Department of Health to operate
as an emergency medical services provider;
      (12)   any other information determined by the director to be necessary
to the implementation and enforcement of this article or to the protection of
the public safety; and
      (13)   a nonrefundable application processing fee of $120.
   (b)   Reserved.
   (c)   A person desiring to engage in private ambulance service shall
register with the director a trade name that clearly differentiates that
person’s company from all other companies engaging in private ambulance service
and shall use no other trade name for the private ambulance service. (Ord. Nos.
21861; 27695; 30215)
SEC. 15D-9.1.   PUBLIC HEARING; BURDEN OF PROOF.
   (a)   Upon receipt of an application for a private ambulance service
license, the director shall promptly call a public hearing to consider the
application. The director shall publish notice of the hearing once in the
official newspaper of the city, and post notice of the hearing on the official
bulletin board in the city hall, not less than five nor more than 15 days
before the date of the hearing and shall give at least five days’ written
notice of the hearing to:
      (1)   the applicant;
      (2)   the fire department; and
      (3)   the city secretary’s office.
   (b)   At the public hearing, the director shall hear evidence from
interested persons on relevant issues.
   (c)   The applicant for a license has the burden of proving that:
      (1)   the public convenience and necessity require the proposed private
ambulance service;
      (2)   the applicant is qualified and financially able to provide the
service proposed in the application;
      (3)   the proposed fares and rates to be charged by the applicant are
reasonable; and
      (4)   the proposed operating procedures and type of service to be offered
will not interfere with, or adversely affect, existing ambulance systems. (Ord.
21861)
SEC. 15D-9.2.   LICENSE ISSUANCE; FEE; DISPLAY; TRANSFERABILITY.
   (a)   The director shall, within a reasonable time after the date of
application, issue a private ambulance
service license to an applicant who complies with the provisions of this
article.
   (b)   A license issued to a private ambulance service authorizes the
licensee and the licensee’s bona fide employees to engage in private ambulance
service.
   (c)   The annual fee for a private ambulance service license is $445. 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 private ambulance service license issued under this article must be
conspicuously displayed in the private ambulance service’s business
establishment.
   (e)   A private ambulance service license, or any accompanying permit,
badge, sticker, ticket, or emblem, is not assignable or transferable. (Ord.
Nos. 21861; 30215)
SEC. 15D-9.3.   EXPIRATION AND RENEWAL OF LICENSE.
   (a)   A private ambulance service license expires one year from the date of
issuance. A licensee shall apply for a renewal at least 30 days before the
expiration of the license. The director shall renew a license without a public
hearing if, after investigation, the director determines that:
      (1)   the licensee has performed satisfactorily under the terms of the
license;
      (2)   the service provided continues to be necessary and desirable; and
      (3)   the licensee continues to comply with all requirements of this
article.
   (b)   If, after investigation of a renewal application, the director
determines that a statement in Subsection (a)(1), (2), or (3) is not true, the
director shall call a public hearing and consider the renewal in the same
manner as an original application. (Ord. 21861)
SEC. 15D-9.4.   REFUSAL TO ISSUE OR RENEW LICENSE.
   (a)   The director shall refuse to issue or renew a private ambulance
service license if the director determines that the applicant or licensee:
      (1)   made 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)   was convicted twice within a 12-month period or three times within
a 24-month period for violation of this article;
      (3)   had a private ambulance service license suspended two times within
the preceding 12 months or three times within the preceding 24 months, or
revoked within the preceding 24 months;
      (4)   failed to comply with any requirement of this article or any rule
or regulation established by the director under this article;
      (5)   was convicted for a violation of another city, state, or federal
law or regulation that indicates lack of fitness of the applicant or licensee
to operate a private ambulance service;
      (6)   was convicted of any felony offense while holding a private
ambulance service license;
      (7)   used a trade name for a private ambulance service other than the
one registered with the director; or
      (8)   is not fit, willing, or able to operate a private ambulance service
in accordance with the license, this article, rules and regulations established
by the director under this article, and other applicable state and federal
laws.
   (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 reason for
denial and a statement informing the applicant or licensee of the right of
appeal. (Ord. 21861)
SEC. 15D-9.5.   SUSPENSION AND REVOCATION OF LICENSE.
   (a)   The director may suspend or revoke a private ambulance service license
if the director determines that the licensee:
      (1)   made a false statement as to a material matter in an application
for a license or license renewal, or in a hearing concerning a license;
      (2)   failed to comply with any provision of this article or any rule or
regulation established by the director under this article;
      (3)   was convicted for a violation of another city, state, or federal
law or regulation that indicates lack of fitness of the licensee to operate a
private ambulance service;
      (4)   is under indictment for or was convicted of any felony offense
while holding a private ambulance service license;
      (5)   used a trade name for a private ambulance service other than the
one registered for that service with the director;
      (6)   is not fit, willing, or able to continue to operate a private
ambulance service in accordance with the license, this article, rules and
regulations established by the director under this article, and other
applicable state and federal laws; or
      (7)   failed to pay all fees required by this article.
   (b)   The director may suspend a private ambulance service license for a
period not to exceed 60 days. At the end of the suspension period, the licensee
may file with the director a written request for reinstatement of the license.
The director shall determine if the deficiency causing the suspension has been
corrected by the licensee and approve or deny reinstatement.
   (c)   The director shall notify the licensee in writing of a suspension or
revocation under this section and include in the notice:
      (1)   the reason for the suspension or revocation;
      (2)   the date the suspension or revocation becomes effective;
      (3)   the duration of a suspension; and
      (4)   a statement informing the licensee of the right of appeal.
   (d)   After receipt of a notice of suspension or revocation, the licensee
shall, on the date specified in the notice, surrender the license to the
director and discontinue operating a private ambulance service inside the city.
   (e)   Notwithstanding Subsection (d), if the licensee appeals a suspension
or revocation under this section, the licensee may continue to operate a
private ambulance service pending the appeal unless:
      (1)   the licensee fails to meet the minimum insurance requirements of
Section
15D-9.26 of this article; or
      (2)   the director determines that continued operation by the licensee
would impose a serious and imminent threat to the public safety.
   (f)   A person whose private ambulance service license is revoked shall not,
before the expiration of 24 months from the date the director revokes the
license or, in the case of an appeal, the date the permit and license appeal
board affirms the revocation:
      (1)   apply for another private ambulance service license; or
      (2)   perform as an employee, representative, or ambulance personnel for
a private ambulance service licensee. (Ord. 21861)
SEC. 15D-9.6.   APPEAL FROM LICENSE SUSPENSION.
   (a)   If the director suspends a private ambulance service license, the
action is final unless the licensee files an appeal, in writing, with the city
manager within 10 business days after notice of suspension.
   (b)   The city manager or the city manager’s 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. (Ord. 21861)
SEC. 15D-9.7.   APPEAL FROM LICENSE DENIAL OR REVOCATION.
   If the director denies an application for a license or license renewal, or
revokes a license, the action is final unless the applicant or licensee files
an appeal with the permit and license appeal board in accordance with Section
2-96 of this code. (Ord. 21861)
Division 4. Ambulance Personnel Permit.
SEC. 15D-9.8.   AMBULANCE PERSONNEL PERMIT REQUIRED.
   (a)   A person commits an offense if he drives or acts as an attendant on a
private ambulance within the city without a valid ambulance personnel permit
issued under this article. It is a defense to prosecution under this subsection
that the person was riding in the ambulance solely as an observer or as an
ambulance personnel trainee.
   (b)   A private ambulance service licensee shall not employ, contract with,
or otherwise allow a person to drive or act as an attendant on a private
ambulance owned, controlled, or operated by the licensee unless the person has
a valid ambulance personnel permit issued under this article. (Ord. 21861)
SEC. 15D-9.9.   QUALIFICATION FOR AMBULANCE PERSONNEL PERMIT.
   (a)   To qualify for an ambulance personnel permit, an applicant must:
      (1)   be at least 18 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)   have 20/20 vision in both eyes, with or without corrective lenses,
and not be afflicted with a physical or mental disease or disability that is
likely to prevent the person from exercising ordinary and reasonable control
over a motor vehicle or that is likely to otherwise endanger the public health
or safety;
      (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 private or emergency ambulance 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 private or emergency ambulance 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 private or emergency ambulance service;
            (ix)   tampering with a govern- mental 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
private or emergency ambulance service;
            (x)   public indecency (prostitution or obscenity) as described in
Chapter 43 of the Texas Penal Code;
            (xi)   the private, carrying, or possession of a weapon in
violation of Chapter 46 of the Texas Penal Code, or of any comparable state or
federal law, that 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 a licensed private ambulance service;
      (13)   have successfully completed within the preceding 36 months a
defensive driving course approved by the Texas Education Agency and be able to
present proof of completion; and
      (14)   meet all standards and requirements for emergency medical services
personnel set forth in the Emergency Medical Services Act (Chapter 773, Texas
Health and Safety Code), as amended, and be currently certified by and
registered with the Texas Department of Health as either a basic emergency
medical technician, a specially skilled emergency medical technician, or a
paramedic emergency medical technician.
   (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 an ambulance personnel permit only if the director determines
that the applicant is presently fit to engage in the occupation of ambulance
personnel for a private ambulance service. 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
15D-9.15 of this article.
   (d)   As an additional qualification for an ambulance personnel permit, the
director may require the applicant to pass an examination testing general
knowledge of traffic laws and the geography of the city. (Ord. 21861)
SEC. 15D-9.10.   APPLICATION FOR AMBULANCE PERSONNEL PERMIT.
   To obtain an ambulance personnel permit or renewal of an ambulance personnel
permit, a person must file with the director a completed written application on
a form provided for that purpose and a nonrefundable application fee of $64.
The director shall require each application to state any information the
director considers necessary to determine whether an applicant is qualified.
(Ord. Nos. 21861; 25048; 27695; 30215)
SEC. 15D-9.11.   INVESTIGATION OF APPLICATION.
   (a)   For the purpose of determining qualification under Section
15D-9.9(a)(5) for a permit or permit renewal, the director may require an
applicant to submit to a physical examination conducted by a licensed
physician, at the 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
15D-9.9(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
15D-9.9. 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 that might be outstanding.
   (c)   The director may conduct any other investigation as the director
considers necessary to determine whether an applicant for an ambulance
personnel permit is qualified. (Ord. 21861)
SEC. 15D-9.12.   ISSUANCE AND DENIAL OF AMBULANCE PERSONNEL PERMIT.
   (a)   If the director determines that an applicant is qualified, the
director shall issue an ambulance personnel permit to the applicant. An
ambulance personnel permit, or any accompanying badge, sticker, ticket, or
emblem, is not assignable or transferable.
   (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
15D-9.9(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 an ambulance personnel
permit if the director determines that the applicant:
      (1)   is not qualified under Section
15D-9.9;
      (2)   refuses to submit to or does not pass a medical examination
authorized under Section
15D-9.11(a) or a written examination authorized under Section
15D-9.9(d);
      (3)   makes a false statement of a material matter in an application for
an ambulance personnel permit or permit renewal, or in a hearing concerning the
permit; or
      (4)   fails to comply with this article or any rule or regulation
established by the director under this article.
   (d)   If the director determines that an ambulance personnel 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 reason for denial
and a statement informing the applicant of the right of appeal. (Ord. 21861)
SEC. 15D-9.13.   EXPIRATION OF PERMIT; VOIDANCE UPON SUSPENSION OR REVOCATION
OF STATE DRIVER’S LICENSE.
   (a)   Except in the case of a provisional or probationary permit, an
ambulance personnel 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 ambulance personnel 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 ambulance personnel permit to the director and cease
to drive or act as an attendant on a private ambulance. (Ord. 21861)
SEC. 15D-9.14.   PROVISIONAL PERMIT.
   (a)   The director may issue a provisional ambulance personnel permit if the
director determines that:
      (1)   the number of ambulance personnel is inadequate to meet the city’s
need for private ambulance service, in which case he may issue the number
necessary to meet the need; or
      (2)   it is necessary to allow the director to complete investigation of
an applicant for an ambulance personnel permit.
   (b)   A provisional ambulance personnel permit expires on the date shown on
the permit, which date shall not exceed 45 days after the date of issuance, or
upon the applicant’s being denied an ambulance personnel permit, whichever
occurs first.
   (c)   The director shall not issue a provisional permit to a person who has
been previously denied an ambulance personnel permit. (Ord. 21861)
SEC. 15D-9.15.   PROBATIONARY PERMIT.
   (a)   The director may issue a probationary ambulance personnel permit to an
applicant who is not qualified for an ambulance personnel permit under Section
15D-9.9 if the applicant:
      (1)   could qualify under Section
15D-9.9 for an ambulance personnel permit within one year from the date of
application;
      (2)   holds a valid state driver’s license or occupation driver’s
license; and
      (3)   is determined by the director, using the criteria listed in Section
15D-9.9(b) of this article, to be presently fit to engage in the occupation of
ambulance personnel.
   (b)   A probationary permit may be issued for a period not to exceed one
year.
   (c)   The director may prescribe appropriate terms and conditions for a
probationary permit as the director determines are necessary. (Ord. 21861)
SEC. 15D-9.16.   DUPLICATE PERMIT.
   If an ambulance personnel permit is lost, destroyed, or mutilated, the
director may issue the permittee a duplicate permit upon receiving payment of a
duplicate permit fee of $40. (Ord. Nos. 21861; 25048; 27695; 30215)
SEC. 15D-9.17.   DISPLAY OF PERMIT.
   A permittee shall keep an ambulance personnel permit in the permittee’s
possession at all times while on duty. The permittee shall allow the director,
the fire chief, or a peace officer to examine the ambulance personnel permit
upon request. (Ord. 21861)
SEC. 15D-9.18.   SUSPENSION BY A DESIGNATED REPRESENTATIVE.
   (a)   If a representative designated by the director to enforce this article
determines that a permittee has failed to comply with this article (except
Section
15D-9.9) or a regulation established under this article, the representative may
suspend the ambulance personnel permit for a period of time not to exceed three
days by personally serving the permittee with a written notice of the
suspension. The notice must include:
      (1)   the reason for suspension;
      (2)   the date the suspension begins;
      (3)   the duration of the suspension; and
      (4)   a statement informing the permittee of the right of appeal.
   (b)   A suspension under this section may be appealed to the director if the
permittee requests an appeal at the time the representative serves notice of
the suspension. When an appeal is requested, the suspension may not take effect
until a hearing is provided by the director.
   (c)   The director may order an expedited hearing under this section, to be
held as soon as possible after the permittee requests an appeal. The director
may affirm, reverse, or modify the order of the representative. The decision of
the director is final. (Ord. 21861)
SEC. 15D-9.19.   SUSPENSION OF AMBULANCE PERSONNEL PERMIT.
   (a)   If the director determines that a permittee has failed to comply with
this article (except Section
15D-9.9) or a regulation established under this article, the director may
suspend the ambulance personnel 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
15D-9.9, 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
15D-9.9(a)(7)(A)(i), (ii), (iii), (iv), or (v) or criminal attempt to commit
any of those offenses, the director shall suspend the ambulance personnel
permit until the director determines that the permittee is qualified or that
the charges against the permittee have been finally adjudicated.
   (c)   A permittee whose ambulance personnel permit is suspended shall not
drive or act as an attendant on a private ambulance within the city during the
period of suspension.
   (d)   The director shall, in writing, notify the permittee and the licensee
employing the permittee of a suspension under this section. The notice must
include:
      (1)   the reason for the suspension;
      (2)   the date the director orders the suspension to begin;
      (3)   the duration of the suspension or if it is under Subsection (b);
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. 21861)
SEC. 15D-9.20.   REVOCATION OF AMBULANCE PERSONNEL PERMIT.
   (a)   The director may revoke an ambulance personnel permit if the director
determines that the permittee:
      (1)   drove or acted as an attendant on a private ambulance within the
city during a period in which the permittee’s ambulance personnel permit was
suspended;
      (2)   made a false statement of a material matter in an application for
an ambulance personnel permit or permit renewal, or in a hearing concerning the
permit;
      (3)   engaged in conduct that constitutes a ground for suspension under
Section
15D-9.19 and received either a suspension in excess of three days or a
conviction for violation of this article, two times within the 12-month period
preceding the conduct or three times within the 24-month period preceding the
conduct;
      (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 was convicted of any felony offense
while holding an ambulance personnel permit.
   (b)   A person whose ambulance personnel permit is revoked shall not:
      (1)   apply for another ambulance personnel 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)   drive or act as an attendant on any private ambulance within the
city.
   (c)   The director shall, in writing, notify the permittee and the licensee
employing the permittee of a revocation. The notice shall include:
      (1)   the reason for the revocation;
      (2)   the date the director orders the revocation; and
      (3)   a statement informing the permittee of the right of appeal. (Ord.
21861)
SEC. 15D-9.21.   PRIVATE AMBULANCE OPERATION AFTER SUSPENSION, REVOCATION, OR
DENIAL OF PERMIT RENEWAL.
   (a)   After receiving notice of suspension or revocation of a permit or
denial of a permit renewal, the permittee shall, on the date specified in the
notice, surrender the ambulance personnel permit to the director and
discontinue driving or acting as an attendant on a private ambulance within the
city.
   (b)   Notwithstanding Section
15D-9.19(c), Section
15D-9.20(b)(2), and Subsection (a) of this section, if the permittee appeals
the suspension or revocation of an ambulance personnel permit, the permittee
may continue to drive or act as an attendant on a private ambulance within the
city pending the appeal unless:
      (1)   the permittee is not qualified under Section
15D-9.9; or
      (2)   the director determines that continued operation by the permittee
would impose an immediate threat to the public safety. (Ord. 21861)
SEC. 15D-9.22.   APPEAL OF DENIAL, SUSPENSION, OR REVOCATION.
   (a)   A person may appeal a denial of an ambulance personnel permit or
permit renewal, suspension of an ambulance personnel permit, or revocation of
an ambulance personnel permit, if the person 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.
   (b)   The city manager or the city manager’s 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. 21861)
SEC. 15D-9.23.   CURRENT MAILING ADDRESS OF PERMITTEE.
   A person issued an ambulance personnel permit shall maintain a current
mailing address on file with the director. The permittee shall notify the
director of any change in this mailing address within 10 business days of the
change. (Ord. 21861)
Division 5. Miscellaneous Regulations.
SEC. 15D-9.24.   DUTY OF LICENSEE AND PERMITTEE TO COMPLY.
   (a)   Licensee. In the operation of a private ambulance service, a licensee
shall comply with the terms and conditions of the license, lawful orders of the
director, this article, rules and regulations established under this article,
and other city ordinances and state and federal laws applicable to the
operation of a private ambulance service.
   (b)   Permittee. While driving or acting as an attendant on a private
ambulance within the city, a permittee shall comply with the terms and
conditions of the permit, this article, rules and regulations established under
this article, other city ordinances and state and federal laws applicable to
the operation of a motor vehicle and applicable to emergency medical services
personnel, lawful orders of the director, and orders issued by the private
ambulance service licensee employing the permittee in connection with the
licensee’s discharge of duties under the license and this article. (Ord. 21861)
SEC. 15D-9.25.   LICENSEE’S DUTY TO ENFORCE COMPLIANCE BY PERMITTEES.
   (a)   A private ambulance service licensee shall establish policy and take
action to discourage, prevent, or correct violations of this article by
ambulance personnel who are employed by the licensee.
   (b)   A private ambulance service licensee shall not allow any ambulance
personnel employed by the licensee to operate a private ambulance within the
city if the licensee knows or has reasonable cause to suspect that the
ambulance personnel has failed to comply with this article, rules and
regulations established by the director, or other applicable law. (Ord. 21861)
SEC. 15D-9.26.   INSURANCE.
   (a)   A licensee shall procure and keep in full force and effect automobile
liability insurance, malpractice insurance, and commercial general liability
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 the policies must be acceptable to
the city. The insured provisions of each 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 private ambulance service by the
licensee.
   (b)   The automobile liability insurance must provide combined single limits
of liability for bodily injury and property damage of not less than $300,000
for each occurrence, or the equivalent, for each ambulance used by the
licensee, with a maximum deductible not to exceed the amount allowed by the
Texas Safety Responsibility Act (6701h, Vernon’s Texas Civil Statutes), as
amended. The insurance must include uninsured and underinsured motorist
coverage in amounts of not less than $20,000 per person and $40,000 per
accident for bodily injury and $15,000 per accident for property damage, or the
equivalent. Aggregate limits of liability are prohibited.
   (c)   The malpractice insurance must provide limits of liability of not less
than $300,000 for each claim, or the equivalent.
   (d)   The commercial general liability insurance must be 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.
   (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 an ambulance has
been removed from the vehicle.
   (f)   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 10 days before canceling,
failing to renew, or making a material change to the insurance policy; and
      (2)   a provision to cover all vehicles, whether owned or not owned by
the licensee, operated under the private ambulance service license.
   (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 private ambulance service while a
license is suspended under this section whether or not the action is appealed.
A $100 fee must be paid before a license suspended under this section will be
reinstated. (Ord. 21861)
Division 6. Service Rules and Regulations.
SEC. 15D-9.27.   PRIVATE AMBULANCE SERVICE.
   (a)   Each private ambulance service licensee shall:
      (1)   be available to provide private ambulance service at least Monday
through Friday from 8:30 a.m. to 5:00 p.m., except on legal holidays; and
      (2)   have a working, publicly-listed telephone that must be physically
answered by the licensee or an employee 24 hours a day.
   (b)   A licensee shall provide the director with not less than 10 days’
written notice prior to any change in the business address or telephone number
of the private ambulance service.
   (c)   A licensee who experiences interruption of telephone service to the
place of business shall notify the director immediately. (Ord. 21861)
SEC. 15D-9.28.   APPAREL TO BE WORN BY AMBULANCE PERSONNEL.
   (a)   A licensee shall specify and require an item of apparel or an item
placed on the apparel to be worn by ambulance personnel employed by the
licensee, which item must be of such distinctive and uniform design as to
readily identify the licensee’s service and must bear the name of the
licensee’s service. The item specified by each licensee must be approved by the
director to ensure that ambulance personnel of one licensee may be easily
distinguished from ambulance personnel of another and to ensure the neat
appearance of ambulance personnel.
   (b)   While on duty, ambulance personnel shall wear the item specified by
the licensee who employs the ambulance personnel and shall comply with such
other identification regulations prescribed in the private ambulance service
license. (Ord. 21861)
SEC. 15D-9.29.   RECORDS AND REPORTS OF PRIVATE AMBULANCE SERVICE.
   (a)   Each licensee shall maintain at a single location accurate business
records of the private ambulance service. A licensee shall make records
available for inspection by the director upon request. (Ord. 21861)
SEC. 15D-9.30.   MISCELLANEOUS OFFENSES.
   (a)   A person commits an offense if he:
      (1)   intentionally follows any police car or fire apparatus that is
traveling in response to an emergency call with red lights and siren or
intentionally follows any ambulance to or near the scene of an emergency call;
      (2)   by word or gesture, solicits on a public street within the city the
business of transporting a sick, injured, or deceased person for compensation;
      (3)   intentionally informs the fire alarm dispatcher, police dispatcher,
or other fire or police official that an ambulance or more than one ambulance
is needed at a location or address when the person knows that such a statement
is false; or
      (4)   operates a private ambulance or uses any equipment in providing
private ambulance service that fails to comply with all minimum safety and
equipment standards required for a basic life support vehicle by the Emergency
Medical Services Act (Chapter 773, Texas Health and Safety Code), as amended,
or by any rule or regulation promulgated under that act.
   (b)   A licensee or permittee commits an offense if he:
      (1)   causes, induces, or seeks to induce, without good cause, a change
of destination to or from a hospital or other place specified by the person
requesting private ambulance service; or
      (3)   operates or permits the operation of a private ambulance on an
emergency run or in response to an emergency call or with the use of red lights
and sirens, without obtaining permission from the fire alarm dispatcher. (Ord.
21861)
Division 7. Vehicles and Equipment.
SEC. 15D-9.31.   INSPECTION OF PRIVATE AMBULANCES AND EQUIPMENT.
   (a)   A licensee shall only provide private ambulance service with vehicles
designed and constructed to transport sick and injured persons in comfort and
safety. A licensee shall maintain vehicles in safe mechanical condition and
shall maintain the interior and exterior of the vehicles in good repair and in
a clean, sanitary condition.
   (b)   A licensee or applicant for a license shall have each vehicle to be
used in private ambulance service inspected in a manner approved by the
director before issuance of a license and at such other times as may be ordered
by the director. Inspection must determine safety of the vehicle, condition of
maintenance, and compliance with state and federal laws.
   (c)   The fee for each inspection of each vehicle to be operated under a
private ambulance service license is $131.
   (d)   If a vehicle is involved in an accident or collision during the term
of the license, the licensee shall notify the director within five days after
the accident or collision. Before operating the vehicle again under the
license, a licensee shall have the vehicle reinspected for safety and shall
send to the director a sworn affidavit that the vehicle has been restored to
its previous condition.
   (e)   The director shall designate the time and place for annual inspection
of vehicles operated under a license. If the director designates someone other
than a city employee to perform the inspection, the applicant or licensee shall
bear the reasonable cost of inspection.
   (f)   A licensee may contract for maintenance but shall be responsible for
maintaining all vehicles operated under the license in safe operating
condition. (Ord. Nos. 21861; 25048; 30215)
SEC. 15D-9.32.   VEHICLES AND EQUIPMENT.
   (a)   The licensee, owner, or permittee of a private ambulance shall provide
and maintain in the vehicle all equipment required by the director, which shall
be specified in the private ambulance service license.
   (b)   Each vehicle must have:
      (1)   a paint scheme that has been approved by the director;
      (2)   the trade name of the company and the equipment number permanently
affixed in a manner and location approved by the director; and
      (3)   a decal complying with Section
15D-9.33.
   (c)   Each private ambulance must be licensed as an emergency medical
services vehicle with the Texas Department of Health. Each private ambulance
and all private ambulance equipment must comply with all applicable federal and
state motor vehicle safety standards and with the standards for emergency
medical services vehicles set forth in the Emergency Medical Services Act
(Chapter 773, Texas Health and Safety Code), as amended. All safety mechanisms
on each vehicle must be operative and in good repair, including, but not
limited to, headlights, taillights, turn signals, brakes, brakelights,
emergency lights, windshield wipers, wiper blades, handles opening doors and
windows, tires, and spare tires.
   (d)   Each private ambulance, while on an ambulance call, must be
accompanied by at least two ambulance personnel permitted under this article.
One of the ambulance personnel shall serve as the driver while the other
remains in attendance on the sick or injured patient.
   (e)   Clean and sanitary bed linens must be provided on each private
ambulance for each patient carried. Bed linens must be changed as soon as
practical after the discharge of a patient, but before picking up another
patient. (Ord. 21861)
SEC. 15D-9.33.   DECALS.
   (a)   A licensee shall obtain from the director a decal indicating a private
ambulance’s authority to operate in the city. The decal must be attached to
each vehicle in a manner and location approved by the director.
   (b)   The director may cause a decal to be removed from a private ambulance
that at any time fails to meet the minimum standards for appearance, condition,
age, or equipment. The fee for reissuance of a decal to a private ambulance
from which a decal has been removed by the director is $10. The fee for a
duplicate decal for one lost, destroyed, or mutilated, is $5.
   (c)   A person commits an offense if he:
      (1)   operates a private ambulance in the city with an expired decal or
with no decal affixed to it; or
      (2)   attaches a decal to a vehicle not authorized to operate as a
private ambulance in the city. (Ord. 21861)
Division 8. Enforcement.
SEC. 15D-9.34.   AUTHORITY TO INSPECT.
   The director, the fire chief, or a peace officer may inspect a private
ambulance service operating in the city to determine whether the service
complies with this article, rules and regulations established by the director
under this article, and other applicable law. (Ord. 21861)
SEC. 15D-9.35.   ENFORCEMENT BY POLICE DEPARTMENT.
   Officers of the police department shall assist in the enforcement of this
article. A police officer, upon observing a violation of this article or the
rules and regulations established by the director under this article, shall
take necessary enforcement action to insure effective regulation of private
ambulance service. (Ord. 21861)
SEC. 15D-9.36.   CORRECTION ORDER.
   (a)   If the director determines that a licensee is in violation of the
terms of the license, this article, the rules and regulations established by
the director under this article, a lawful order of the director, or other
applicable 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 is an imminent and serious
threat to the public health or safety, the director shall order the licensee to
correct the violation immediately. If the licensee fails to comply, the
director shall promptly take or cause to be taken any action he considers
necessary to the immediate enforcement of the order.
   (c)   The director shall include in a notice issued under this section:
      (1)   an identification of the violation;
      (2)   the date of issuance of the notice;
      (3)   the time period within which the violation must be corrected;
      (4)   a warning that failure to comply with the order may result in
suspension or revocation of the license, imposition of a fine, or both; and
      (5)   a statement indicating that the order may be appealed to the city
manager. (Ord. 21861)
SEC. 15D-9.37.   SERVICE OF NOTICE.
   (a)   A private ambulance service licensee shall designate and maintain a
representative to:
      (1)   receive service of notice required under this article to be given a
licensee; and
      (2)   serve notice required under this article to be given an ambulance
personnel permittee employed by a licensee.
   (b)   Notice required under this article to be given:
      (1)   a licensee must be personally served by the director on the
licensee or the licensee’s designated representative or served by certified
United States mail, five-day return receipt requested, to the address last
known to the director of the person to be notified, or to the designated
representative of the licensee;
      (2)   a permittee must be personally served by the director or served by
certified United States mail, five-day return receipt requested, to the address
last known to the director of the person to be notified, or to the designated
representative for the permittee; or
      (3)   a person other than a permittee or a licensee under this article
may be served in the manner prescribed by Subsection (b)(2) of this section.
   (c)   Service executed in accordance with this section constitutes notice to
the person to whom the notice is addressed. The date of service for a notice
that is mailed is the date of receipt. (Ord. 21861)
SEC. 15D-9.38.   APPEAL.
   (a)   A licensee may appeal a correction order issued under Section
15D-9.36 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 the city manager’s 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.
21861)
SEC. 15D-9.39.   CRIMINAL OFFENSES; DEFENSES.
   (a)   A person commits an offense if he violates or attempts to violate a
provision of this article applicable to him. 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 time an offense occurs. An offense committed
under this article is punishable by a fine of not less than $100 nor more than
$2,000.
   (b)   It is a defense to prosecution under this article that a person or
vehicle was transporting a deceased person within the city solely for:
      (1)   a funeral home for the purpose of burial or preparation for burial;
or
      (2)   a county medical examiner’s office.
   (c)   It is a defense to prosecution under Section
15D-7(a), (c), and (d); Section
15D-9.8; Section
15D-9.32(a), (b), (d), and (e); and Section
15D-9.33(c)(1) that a private ambulance service was only picking up a sick,
injured, or deceased person at a health care facility within the city for the
purpose of transporting that person by private ambulance to a location outside
the city pursuant to the terms of a subscription program for emergency medical
services approved by the Texas Board of Health in accordance with Section
773.011 of the Texas Health and Safety Code, as amended, provided that:
      (1)   the sick, injured, or deceased person was a prepaid subscriber to
the program operated by the private ambulance service;
      (2)   the sick, injured, or deceased person was originally transported
from a location outside the city to a health care facility within the city by
the same private ambulance service;
      (3)   the private ambulance service does not have a place of business
located within any county in which the city of Dallas is incorporated;
      (4)   the private ambulance service complies with all state requirements
for emergency medical services providers, emergency medical services personnel,
and private ambulances; and
      (5)   the private ambulance service does not pick up sick, injured, or
deceased persons in the city more than 15 times within any 12-month period.
   (d)   Prosecution of 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. 21861)
ARTICLE II.
EMERGENCY WRECKERS.
Division 1. General Provisions.
SEC. 15D-10.   STATEMENT OF POLICY.
   It is the policy of the city to provide for the protection of the public
interest as it relates to the removal of wrecked, disabled, and illegally
parked vehicles from public streets and other public property. To this end,
this article provides for the regulation of emergency wrecker service, to be
administered in a manner that protects the public health and safety and
promotes the public convenience and necessity. (Ord. 24661)
SEC. 15D-11.   POWERS AND DUTIES OF THE DIRECTOR.
   In addition to the powers and duties prescribed elsewhere in this article,
the director is authorized to:
      (1)   administer and enforce all provisions of this article;
      (2)   keep records of all licenses and permits issued, suspended, or
revoked under this article;
      (3)   keep records of all authorized emergency wreckers;
      (4)   by written order establish such rules and regulations, consistent
with this article, as may be determined necessary to discharge the director’s
duty under, or to effect the policy of, this article;
      (5)   adopt new emergency wrecker procedures for experimentation on a
temporary basis, after reasonable notice to the licensees;
      (6)   conduct, when appropriate, periodic investigations of emergency
wrecker companies throughout the city; and
      (7)   require periodic reports as necessary to evaluate each emergency
wrecker company’s operations. (Ord. Nos. 13977; 14685; 15612; 16850; 24661)
SEC. 15D-12.   POWERS AND DUTIES OF THE CHIEF OF POLICE.
   In addition to the powers and duties prescribed elsewhere in this article,
the chief of police is authorized to:
      (1)   enforce all provisions of this article;
      (2)   by written order establish such rules and regulations, consistent
with this article, as may be determined necessary to discharge the chief of
police’s duty under, or to effect the policy of, this article;
      (3)   adopt new emergency wrecker procedures for experimentation on a
temporary basis, after reasonable notice to the licensees;
      (4)   conduct, when appropriate, periodic investigations of emergency
wrecker companies throughout the city; and
      (5)   keep records of service adequacy and responsiveness of licensees
and provide these records to the director upon request. (Ord. Nos. 13977;
14685; 16850; 24661)
SEC. 15D-13.   ESTABLISHMENT OF RULES AND REGULATIONS.
   (a)   Before adopting, amending, or abolishing a rule or regulation, the
director or the chief of police shall hold a public hearing on the proposal.
   (b)   The director or the chief of police shall fix the time and place of
the hearing and, in addition to notice required under the Public Information
Act (Chapter 552, Texas Government Code), as amended, shall notify each
licensee and such other persons as the director or chief of police determines
are interested in the subject matter of the hearing.
   (c)   After the public hearing, the director or the chief of police 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. 24661; 27487)
SEC. 15D-14.   EXCEPTIONS.
   (a)   This article does not apply to an emergency wrecker company providing
emergency wrecker service within the city of Dallas on behalf of another city
in the performance of the terms of a duly authorized interlocal agreement
between the city of Dallas and the other city if:
      (1)   the emergency wrecker company holds a valid license from and is in
good standing with the other city;
      (2)   the other city’s regulation of emergency wrecker companies and
emergency wrecker service is as strict as or stricter than regulation by the
city of Dallas;
      (3)   the emergency wrecker company would not be disqualified under
Section
15D-22 from holding an emergency wrecker service license under this article;
      (4)   the emergency wrecker company complies with the vehicle and
equipment specifications and the hours of operation required respectively by
Sections
15D-58 and
15D-52;
      (5)   the emergency wrecker company complies with the insurance
requirements of Section
15D-46; and
      (6)   the emergency wrecker company does not charge more for emergency
wrecker service provided in the city of Dallas than is allowed under Section
15D-57.
   (b)   This article does not apply to:
      (1)   a governmental entity when dispatching an emergency wrecker
company, pursuant to Section 545.305 of the Texas Transportation Code or other
applicable state law, to perform a power, duty, or function that is within the
authority and jurisdiction of the governmental entity; or
      (2)   an emergency wrecker company providing emergency wrecker service
within the city of Dallas in response to a dispatch from a governmental entity
as described in Paragraph (1) of this subsection.
   (c)   This article does not apply to Dallas County when dispatching an
emergency wrecker company to an accident or other police scene, or to an
emergency wrecker company providing emergency wrecker service within the city
of Dallas in response to a dispatch from Dallas County, if:
      (1)   the emergency wrecker service is being provided pursuant to a duly
authorized interlocal agreement between the city of Dallas and Dallas County;
      (2)   the emergency wrecker company is currently licensed under this
article to perform emergency wrecker service within the city of Dallas;
      (3)   the emergency wrecker company complies with the vehicle and
equipment specifications and the hours of operation required respectively by
Sections
15D-58 and
15D-52;
      (4)   the emergency wrecker company complies with the insurance
requirements of Section
15D-46; and
      (5)   the emergency wrecker company does not charge more for emergency
wrecker service performed in the city of Dallas than is allowed under Section
15D-57. (Ord. Nos. 21311; 24661; 26992)
SEC. 15D-15.   DEFINITIONS.
   In this article:
      (1)   ACCIDENT means any occurrence that renders a vehicle wrecked.
      (2)   APPLICANT means:
         (A)   for purposes of Division 2 of this article, a person in whose
name a license to engage in emergency wrecker service will be issued under
Section
15D-23 and each individual who has a 20 percent or greater ownership interest
in the emergency wrecker service business; and
         (B)   for purposes of Division 3 of this article, an individual
applying for a wrecker driver’s permit under Section
15D-30.
      (3)   BUSINESS LOCATION means the place of business, required to be
designated in Section
15D-20, where a licensee’s primary emergency wrecker service business activity
is conducted, which location is staffed by the licensed emergency wrecker
company’s employees and equipped with standard office furniture, equipment, and
other items necessary to conduct the normal activities and business of an
emergency wrecker service.
      (4)   CHIEF OF POLICE means the chief of police for the city of Dallas,
and includes representatives, agents, and department employees designated by
the chief.
      (5)   CITY means the city of Dallas, Texas.
      (6)   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.
      (7)   CUSTODIAL ARREST means an arrest during which a peace officer
employed by the city takes the owner or operator of a vehicle into custody and
determines that it is necessary to cause the person’s vehicle to be removed
from the police scene for storage or for use in a criminal investigation.
      (8)   DIRECTOR means the director of the department designated by the
city manager to enforce and administer this article, and includes
representatives, agents, and department employees designated by the director.
      (9)   DISABLED VEHICLE means a vehicle that reasonably requires removal
by a wrecker because it:
         (A)   has been rendered unsafe to be driven as the result of some
occurrence other than a wreck, including, but not limited to, mechanical
failure, breakdown, fire, or vandalism; or
         (B)   is in a safe driving condition, but the owner is not present,
able, or permitted to drive.
      (9.1)   DISPATCHER means the chief of police for the City of Dallas, and
includes representatives, agents, and department employees designated by the
chief, as well as third-parties authorized by the chief of police to dispatch
wreckers.
      (10)   DRIVER means an individual who drives or operates a wrecker.
      (11)   EMERGENCY WRECKER COMPANY means a person who owns, controls, or
has a financial interest in an emergency wrecker service.
      (12)   EMERGENCY WRECKER SERVICE means the business of towing or removing
wrecked, disabled, illegally parked, or city-owned vehicles from the streets
upon request of the chief of police.
      (13)   HEAVY DUTY WRECKER means a wrecker that:
         (A)   has a manufacturer’s gross vehicle weight rating of not less
than 48,000 pounds;
         (B)   has 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;
         (C)   has an underlift device with a factory-rated lifting capacity of
not less than 14,000 pounds when extended;
         (D)   has a dual rear axle; and
         (E)   is capable of towing a vehicle that weighs up to 80,000 pounds.
      (14)   ILLEGALLY PARKED VEHICLE means a vehicle that is parked on a
street or other public property in violation of any city ordinance or state law
regulating the parking of vehicles.
      (15)   INCIDENT MANAGEMENT TOWING OPERATOR’S LICENSE means a tow truck
operator’s license issued by the state under Section 2308.153 of the Texas
Occupations Code, as amended.
      (16)   LAWFUL ORDER means a verbal or written directive that:
         (A)   is issued by the director or the chief of police in the
performance of official duties in the enforcement of this article and any rules
and regulations promulgated under this article; and
         (B)   does not violate the United States Constitution or the Texas
Constitution.
      (17)   LICENSEE means a person licensed under this article to engage in
emergency wrecker service. The term includes:
         (A)   any individual who has a 20 percent or greater ownership
interest in the licensed business; and
         (B)   any operator of the licensed business.
      (18)   LIGHT DUTY WRECKER means a wrecker that has:
         (A)   a manufacturer’s gross vehicle weight rating of not less than
12,500 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.
      (19)   LOWBOY UNIT means a vehicle that is designed and equipped so as to
be capable of carrying another vehicle upon itself for the purpose of
transporting the vehicle when it cannot be safely transported by a conventional
wrecker and that:
         (A)   consists of:
            (i)   a dual-axle truck tractor equipped with a power-operated
winch and winch line that has a factory-rated lifting capacity of not less than
20,000 pounds, single line capacity; and
            (ii)   a trailer with a steel or aluminum carrier bed that is at
least 40 feet long, with a load rating of not less than 40,000 pounds; and
         (B)   complies with all applicable state and federal vehicle weight
laws.
      (20)   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)   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.
      (21)   OPERATE means to drive or to be in control of a wrecker.
      (22)   OPERATOR means the holder of an emergency wrecker service license.
      (23)   PARKING BAN means certain hours of the day during which the
standing, parking, or stopping of vehicles is prohibited along designated
streets as indicated by signs authorized by the traffic engineer.
      (24)   PERMITTEE means an individual who has been issued a wrecker
driver’s permit under this article.
      (25)   PERSON means an individual, assumed name entity, partnership,
joint-venture, association, corporation, or other legal entity.
      (26)   POLICE DEPARTMENT means the police department of the city of
Dallas.
      (27)   POLICE SCENE means a location at which:
         (A)   an accident has taken place that is subject to city police field
investigation;
         (B)   city police have recovered a stolen vehicle;
         (C)   a vehicle has been abandoned on a street or other public
property;
         (D)   a custodial arrest has taken place;
         (E)   a disabled vehicle is blocking a traffic lane of a street; or
         (F)   an illegally parked vehicle is subject by law to removal or
impoundment by the chief of police or any other authorized city official.
      (28)   RAPID RESPONSE LOCATION means an area designated under Section
15D-53.1 to which an emergency wrecker must provide rapid removal of wrecked,
disabled, or illegally parked vehicles.
      (29)   RAPID RESPONSE LIST means a list, maintained by the chief of
police as provided for in Section 15D-53 of this article, of licensed emergency
wrecker companies participating in the rapid response program.
      (30)   Reserved.
      (31)   STREET means any public street, road, right-of-way, alley, avenue,
lane, square, highway, freeway, expressway, high occupancy vehicle lane, or
other public way within the corporate limits of the city. The term includes all
paved and unpaved portions of the right-of-way.
      (32)   TILT BED/ROLL BACK CARRIER means a motor vehicle that is designed
and equipped so as to be capable of lifting another vehicle upon itself for the
purpose of transporting the vehicle when it cannot be safely transported by a
conventional wrecker and that:
         (A)   has a manufacturer's gross vehicle weight rating of not less
than 15,000 pounds;
         (B)   has a steel or aluminum carrier bed that is at least 17 feet
long, with a load rating of not less than 8,000 pounds;
         (C)   has a power-operated winch and winch line, with a factory-rated
lifting capacity of not less than 8,000 pounds, single line capacity;
         (D)   has a wheel lift tow bar with a factory-rated lifting capacity
of not less than 3,000 pounds; and
         (E)   complies with all applicable state and federal vehicle weight
laws.
      (33)   VEHICLE means a device in, upon, 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 upon a stationary rail or track.
      (34)   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;
         (B)   has legal right of possession of a vehicle; or
         (C)   has legal control of a vehicle.
      (35)   VEHICLE STORAGE FACILITY has the meaning given that term in the
Vehicle Storage Facility Act.
      (36)   VEHICLE STORAGE FACILITY ACT means Chapter 2303, Texas Occupations
Code, as amended.
      (37)   WRECKED VEHICLE means a vehicle that has been damaged as the
result of overturning or colliding with another vehicle or object so as to
reasonably necessitate that the vehicle be removed by a wrecker.
      (38)   WRECKER means a vehicle designed for the towing or carrying of
other vehicles.
      (39)   WRECKER DRIVER'S PERMIT means a permit issued under this article
to an individual by the director authorizing that individual to operate a
wrecker for an emergency wrecker service in the city.
      (40)   WRECKER LIST means a list of licensed emergency wrecker companies
maintained by the chief of police, as provided for in Section 15D-50 of this
article.
      (41)   Reserved. (Ord. Nos. 13977; 14685; 15612; 17226; 21175; 24661;
27487; 31233; 32265)
SEC. 15D-16.   DRIVING WRECKER TO A POLICE SCENE PROHIBITED; EXCEPTION.
   A person commits an offense if he drives a wrecker, whether licensed or
unlicensed, to a police scene unless the person has been dispatched to the
scene by the chief of police. (Ord. Nos. 13977; 14685; 24661; 32265)
SEC. 15D-17.   SOLICITING WRECKER BUSINESS AT A POLICE SCENE PROHIBITED;
PRESENCE AT SCENE AS EVIDENCE OF VIOLATION.
   (a)   A person commits an offense if he, in any manner, directly or
indirectly solicits on the streets of the city the business of towing a vehicle
in need of emergency wrecker service from a police scene, regardless of whether
the solicitation is for the purpose of soliciting the business of towing,
removing, repairing, wrecking, storing, trading, or purchasing the vehicle.
   (b)   Proof of the presence of a person engaged in the wrecker business or
the presence of a wrecker or vehicle owned or operated by a person engaged in
the wrecker business, either as owner, operator, employee, or agent, on a
street in the city at or near a police scene within one hour after the
happening of an incident that resulted in the need for emergency wrecker
service is prima facie evidence of a solicitation in violation of this section,
unless the particular wrecker company has been dispatched to the police scene
by the chief of police. (Ord. Nos. 13977; 14685; 24661; 32265)
SEC. 15D-18.   SOLICITING BY ADVERTISING.
   (a)   A person commits an offense if he, personally or through an employee
or agent, solicits at or near a police scene any business that deals directly
or indirectly with the towing, removing, repairing, wrecking, storing, trading,
or purchase of a wrecked, disabled, or illegally parked vehicle on the streets,
sidewalks, or other public place of the city by distributing an advertisement
for, or by otherwise advertising, a repair shop, garage, or place of business
where the wrecked, disabled, or illegally parked vehicle may be repaired,
stored, wrecked, traded, or purchased.
   (b)   Proof of the unauthorized presence of a person engaged in the business
of towing, repairing, wrecking, storing, or offering to purchase or trade for a
wrecked, disabled, or illegally parked vehicle at or near a police scene is
prima facie evidence of solicitation in violation of this section. (Ord. Nos.
13977; 14685; 24661)
SEC. 15D-19.   RESPONSE TO PRIVATE CALLS PROHIBITED.
   A wrecker company shall not respond within the city to a private request for
wrecker service at a police scene, unless specifically authorized by the chief
of police. (Ord. Nos. 13977; 14685; 24661)
Division 2. Emergency Wrecker Service License.
SEC. 15D-20.   LICENSE REQUIRED; TRADE NAME REGISTRATION; BUSINESS LOCATION.
   (a)   A person commits an offense if he, or his agent or employee, engages
in emergency wrecker service in the city without a valid emergency wrecker
service license issued by the director under this article. Only one license may
be issued to each emergency wrecker company.
   (b)   The owner of an emergency wrecker company shall register with the
director a trade name that clearly differentiates that emergency wrecker
company from all other companies engaging in emergency wrecker service and
shall use no other trade name for the emergency wrecker company.
   (c)   A licensee shall maintain a permanent and established place of
business at a location in the city where an emergency wrecker service is not
prohibited by the Dallas Development Code. This location must be either within
the zone in which the licensee is licensed to operate an emergency wrecker
service or within one-half mile outside the established boundaries of that
zone.
   (d)   A licensee shall operate the licensed emergency wrecker service from a
location inside the city. (Ord. Nos. 13977; 14685; 15612; 16554; 24661; 27487)
SEC. 15D-21.   LICENSE APPLICATION; CHANGE OF ZONE.
   (a)   A person desiring to engage in emergency wrecker service in the city
shall file with the director an application upon a form provided for that
purpose, accompanied by a nonrefundable application processing fee of $250. The
application must be signed by an individual who will own, control, or operate
the proposed emergency wrecker service. The application must be verified and
include the following information:
      (1)   The trade name under which the applicant does business and the
street address and telephone number of the emergency wrecker service's business
location.
      (2)   The number and types of wreckers to be operated, including the
year, make, model, vehicle identification number, and state license plate
number of, and the type of winch or lifting device to be operated on, each
wrecker.
      (3)   The name, address, and telephone number of the applicant.
      (4)   An agreement that the applicant will participate in the wrecker
list.
      (5)   A list, to be kept current, of the owners (including each owner's
percentage of ownership) and management personnel of the emergency wrecker
service, and of all employees who will participate in emergency wrecker
service, including names, state driver's license numbers, wrecker driver's
permit numbers, and whether the person holds an incident management towing
operator's license.
      (6)   A statement attesting that all property, both real and personal,
used in connection with the emergency wrecker service has been rendered for ad
valorem taxation in the city and that the applicant is current on payment of
those taxes.
      (7)   Documentary evidence from an insurance company indicating a
willingness to provide liability insurance as required by this article.
      (8)   Proof of an ability to provide emergency wrecker service with at
least four wreckers, including a minimum of one conventional light duty wrecker
and one tilt bed/roll back carrier (the other two wreckers may be either
conventional light duty or tilt bed/roll back), that meet the requirements of
this article and any rules and regulations promulgated by the director or the
chief of police pursuant to this article.
      (9)   Detailed financial reports for the previous three years that
include income statements and balance sheets covering all wrecker activities
or, if the applicant does not prepare an annual financial report, copies of the
applicant's federal income tax statements for the previous three calendar years
relating to the business.
      (10)   Proof of a valid certificate of occupancy issued by the city in
the name of the company and for the location of the emergency wrecker service
business.
   (b)   If a licensee requests a change of zone, the requirements of an
initial applicant must be met.
   (c)   The director may, at any time, require additional information of an
applicant or licensee to clarify items on the application. (Ord. Nos. 13977;
14685; 15612; 16554; 16578; 17208; 21175; 24661; 27487; 27695; 30215; 32265)
SEC. 15D-22.   LICENSE QUALIFICATIONS.
   (a)   To qualify for an emergency wrecker 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 provide all associated drivers with a GPS-enabled
device;
      (4)   be able to communicate in the English Language; and
      (5)   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 a towing or wrecker 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 a towing or wrecker 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 a towing or wrecker 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 a towing or
wrecker 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 Texas Dangerous Drug 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 Texas 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; or
            (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;
      (6)   not be addicted to the use of alcohol or narcotics;
      (7)   be subject to no outstanding warrants of arrest;
      (8)   not employ any person who is not qualified under this subsection;
      (9)   be able to provide emergency wrecker service with at least four
wreckers, including a minimum of one conventional light duty wrecker and one
tilt bed/roll back carrier (the other two wreckers may be either conventional
light duty or tilt bed/roll back), that meet the requirements of this article
and any rules and regulations promulgated by the director or the chief of
police under this article;
      (10)   have at least three years experience in wrecker operations and
provide detailed financial reports for the previous three years that include
income statements and balance sheets covering all wrecker activities or, if the
applicant does not prepare an annual financial report, copies of the
applicant's federal income tax statements for the previous three calendar years
relating to the business; and
      (11)   have an established drug testing policy as required under Chapter
2308 of the Texas Occupations Code, as amended.
   (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 an
emergency wrecker service license only if the director determines that the
applicant, or the employee, is presently fit to engage in the business of an
emergency wrecker 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)   An applicant for an emergency wrecker service license has the burden
of proving that the applicant is qualified to operate an emergency wrecker
service under this article.
   (e)   In determining whether the applicant is qualified to operate an
emergency wrecker service in the city, the director shall consider, but not be
limited to considering, the fitness of the applicant to perform an emergency
wrecker service as may be indicated by the experience in wrecker operation, the
safety record of the applicant, and the applicant’s compliance with other city,
state, and federal laws. (Ord. Nos. 24661; 27487; 32265)
SEC. 15D-23.   LICENSE ISSUANCE; FEE; DISPLAY; TRANSFERABILITY; EXPIRATION.
   (a)   The director shall, within 30 days after the date of application,
issue an emergency wrecker service license to an applicant who complies with
this article.
   (b)   A license issued to an emergency wrecker service authorizes the
licensee and any bona fide employee to engage in emergency wrecker service.
   (c)   The annual fee for an emergency wrecker service license is $520,
prorated on the basis of whole months. The fee for issuing a duplicate license
for one lost, destroyed, or mutilated is $20. The fee is payable to the
director upon issuance of a license. No refund of a license fee will be made.
   (d)   An emergency wrecker service license issued pursuant to this article
must be conspicuously displayed in the emergency wrecker service’s business
location.
   (e)   An emergency wrecker service license, or any accompanying permit,
badge, sticker, ticket, or emblem, is not assignable or transferable.
   (f)   An emergency wrecker service license expires June 30 of each year and
may be renewed by applying in accordance with Section
15D-21. 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.
   (g)   A licensee shall, not less than 10 days before any change of address
or trade name, notify the director of such changes. (Ord. Nos. 13977; 14685;
15612; 16554; 21175; 24661; 27487; 27695; 30215)
SEC. 15D-24.   REFUSAL TO ISSUE OR RENEW LICENSE.
   (a)   The director shall refuse to issue or renew an emergency wrecker
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 article or has had an emergency
wrecker service license revoked within two years prior to the date of
application;
      (3)   uses a trade name for the emergency wrecker company other than the
one registered with the director;
      (4)   has had an emergency wrecker 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
emergency wrecker service;
      (6)   fails to meet the service standards in the rules and regulations
established by the director or the chief of police;
      (7)   is not qualified under Section
15D-22 of this article; or
      (8)   uses a subcontractor to provide emergency wrecker 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.
13977; 14685; 14996; 15612; 16554; 24661; 27487)
SEC. 15D-25.   SUSPENSION OF LICENSE.
   (a)   A representative of the director or chief of police may suspend an
emergency wrecker service license for a definite period of time not to exceed
three days, and the director or the chief of police may suspend an emergency
wrecker service license for a definite period of time not to exceed 10 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 wrecker or equipment in a
good and safe working condition.
      (2)   Violation by the licensee or an employee of the licensee of a
provision of this article or of the rules and regulations established by the
chief of police or the director under this article.
      (3)   Failure of the licensee’s wrecker to arrive at a police scene
location or a rapid response location within the prescribed time after having
been notified to do so by the chief of police.
      (4)   Conviction of an emergency wrecker driver of a provision of the
motor vehicle or traffic laws of this state or city while in the scope of
employment in the licensee’s emergency wrecker service.
      (5)   Failure to continuously employ at least four emergency wrecker
drivers who hold valid wrecker driver’s permits issued under this article.
   (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)   A licensee may appeal a suspension imposed under Subsection (a) in the
following manner:
      (1)   A licensee who is suspended by a representative of the chief of
police may appeal the suspension by written request to the chief of police
within 10 days after written notification of suspension. The chief of police
shall conduct a hearing and may sustain, reverse, or modify the action
appealed. The action of the chief of police is final.
      (2)   A licensee who is suspended by a representative of the director may
appeal the suspension by written request to the director within 10 days after
written notification of suspension. The director shall conduct a hearing and
may sustain, reverse, or modify the action appealed. The action of the director
is final.
      (3)   A licensee who is suspended by the director or the chief of police
may appeal the suspension to an appeals panel consisting of the chief of
police, the director, and a representative of the city manager’s office, in
accordance with the following procedures:
         (A)   A written request to the director must be made within 10 days
after written notice to the licensee.
         (B)   The appeals panel shall set a time, date, and place for a
hearing and the licensee will be notified at least three days prior to the
hearing.
         (C)   The appeals panel may sustain, reverse, or modify the action
appealed. The action of the panel is final.
   (d)   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 appeal
hearing officer or panel, whichever applies.
   (e)   A licensee whose emergency wrecker service license is suspended shall
not operate an emergency wrecker service inside the city during the period of
suspension. (Ord. Nos. 13977; 14685; 15612; 16554; 24661; 27487)
SEC. 15D-26.   REVOCATION OF LICENSE.
   The director shall revoke an emergency wrecker service license if the
director determines that the licensee:
      (1)   intentionally or knowingly made a false statement as to a material
matter in an application or hearing concerning the license;
      (2)   used a trade name for the emergency wrecker company other than the
one registered with the director;
      (3)   had the emergency wrecker service license suspended on three
occasions within 12 months for more than three days on each occasion;
      (4)   had the emergency wrecker service license suspended for a
deficiency that is detrimental to public safety and 20 days have elapsed
without a correction of the deficiency;
      (5)   intentionally or knowingly failed to comply with applicable
provisions of this article or with the conditions and limitations of the
license;
      (6)   operated a towing or wrecker service not authorized by the license
or other applicable law;
      (7)   has been finally convicted for violation of another city, state, or
federal law that indicates a lack of fitness of the licensee to perform
emergency wrecker service;
      (8)   is under indictment for or has been convicted of any felony offense
while holding an emergency wrecker service license;
      (9)   does not qualify for a license under Section
15D-22 of this article;
      (10)   failed to pay a fee required under this article; or
      (11)   violated Section
15D-57(c)(1), (2), or (3) of this article. (Ord. Nos. 13977; 14685; 14996;
15612; 16554; 24661; 27487)
SEC. 15D-27.   APPEALS.
   If the director denies issuance or renewal of a license or revokes a
license, the applicant or licensee may file an appeal with the permit and
license appeal board in accordance with Section
2-96 of this code. (Ord. Nos. 13977; 14685; 14996; 16478; 18200; 24661; 27487)
Division 3.  Wrecker Driver’s Permit.
SEC. 15D-28.   WRECKER DRIVER’S PERMIT REQUIRED.
   (a)   A person commits an offense if he operates a wrecker engaged in
emergency wrecker service in the city without a valid wrecker driver’s permit
issued to the person under this division.
   (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 division. (Ord. 24661)
SEC. 15D-29.   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 and a valid incident management
towing operator’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 a towing or wrecker 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 a towing or wrecker 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 a towing or wrecker service;
            (ix)   tampering with a govern- mental 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 a
towing or wrecker 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 Texas Dangerous Drug 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 Texas 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 (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 a 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
15D-35 of this article. (Ord. Nos. 24661; 27487)
SEC. 15D-30.   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 $29. 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. 24661; 27695; 30215)
SEC. 15D-31.   INVESTIGATION OF APPLICATION.
   (a)   For the purpose of determining qualification under Section
15D-29(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
15D-29(a)(5).
   (b)   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
15D-29. The director shall obtain a copy of the applicant’s motor vehicle
driving record and a list of any warrants of arrest for the applicant that
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. 24661; 27487)
SEC. 15D-32.   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
15D-29(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
15D-29;
      (2)   refuses to submit to or does not pass a medical examination
authorized under Section
15D-31(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 the
process for, appeal of the decision. (Ord. 24661)
SEC. 15D-33.   EXPIRATION OF WRECKER DRIVER’S PERMIT; VOIDANCE UPON SUSPENSION
OR REVOCATION OF STATE DRIVER’S LICENSE OR STATE TOWING OPERATOR’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 or incident management towing
operator’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 after a suspension
or revocation of either state license and shall immediately surrender the
wrecker driver’s permit to the director. (Ord. Nos. 24661; 27487)
SEC. 15D-34.   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. 24661)
SEC. 15D-35.   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
15D-29 if the applicant:
      (1)   could qualify under Section
15D-29 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;
      (3)   holds a valid state incident management towing operator’s license;
and
      (4)   is determined by the director, using the criteria listed in Section
15D-29(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. 24661; 27487)
SEC. 15D-36.   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 $24. (Ord. Nos. 24661; 27695; 30215)
SEC. 15D-37.   DISPLAY OF PERMIT.
   A wrecker driver shall at all times keep a valid wrecker driver’s permit in
the driver’s possession and shall allow the director, the chief of police, or a
peace officer to examine the permit upon request. (Ord. Nos. 24661; 27487)
SEC. 15D-38.   SUSPENSION BY A DESIGNATED REPRESENTATIVE.
   (a)   If a duly authorized representative designated by the director to
enforce this article determines that a permittee has failed to comply with this
article (except Section
15D-29) or a regulation established under this article, 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. 24661)
SEC. 15D-39.   SUSPENSION OF WRECKER DRIVER’S PERMIT.
   (a)   If the director determines that a permittee has failed to comply with
this article (except Section
15D-29) or any regulation established under this article, 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
15D-29, 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
15D-29(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 an emergency wrecker 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. 24661)
SEC. 15D-40.   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 an emergency wrecker 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
15D-39(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 a
violation of this article;
      (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 an emergency wrecker 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. 24661)
SEC. 15D-41.   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 an emergency wrecker service inside the city.
   (b)   Notwithstanding Section
15D-39(c), Section
15D-40(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 an emergency wrecker service pending the appeal unless:
      (1)   the permittee’s wrecker driver’s permit is suspended pursuant to
Section
15D-39(b) or revoked pursuant to Section
15D-40(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. 24661)
SEC. 15D-42.   APPEAL FROM DENIAL, SUSPENSION, OR REVOCATION.
   (a)   If the director suspends 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.
   (d)   If the director denies issuance or renewal of a wrecker driver’s
permit or revokes a wrecker driver’s permit, the applicant or permittee may
file an appeal with the permit and license appeal board in accordance with
Section
2-96 of this code. (Ord. Nos. 24661; 27487)
Division 4.  Miscellaneous Licensee and Driver Regulations.
SEC. 15D-43.   LICENSEE’S AND DRIVER’S DUTY TO COMPLY.
   (a)   Licensee. In the operation of an emergency wrecker service, a licensee
shall comply with the terms and conditions of the emergency wrecker service
license and, except to the extent expressly provided otherwise by the license,
shall comply with this article, rules and regulations established under this
article, and other law applicable to the operation of an emergency wrecker
service.
   (b)   Driver. While on duty, a driver shall comply with this article, rules
and regulations established under this article, other law applicable to the
operation of a motor vehicle in this state, and orders issued by the licensee
employing the driver in connection with the licensee’s discharging of its duty
under its emergency wrecker service license and this article. (Ord. 24661)
SEC. 15D-44.   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 article by drivers who are employed by
the licensee.
   (b)   A licensee shall not permit a driver who is employed by 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 article, the rules and
regulations established by the director or the chief or police, or other
applicable law. (Ord. 24661)
SEC. 15D-45.   APPAREL TO BE WORN BY DRIVERS.
   (a)   A licensee shall specify and require an item of apparel or an item
placed on the apparel to be worn by drivers employed by the licensee, which
item must be of such distinctive and uniform design as to readily identify the
licensee’s emergency wrecker company and must bear the name of the licensee’s
emergency wrecker company. The item specified by each licensee must be approved
by the director to ensure that drivers of one licensee may be easily
distinguished from drivers of another.
   (b)   While on duty, a driver shall wear the item specified by the licensee
who employs the driver and shall comply with such other identification
regulations prescribed by the emergency wrecker service license.
   (c)   While on duty, a driver may not wear:
      (1)   apparel with offensive or suggestive language;
      (2)   cut offs;
      (3)   tank tops; or
      (4)   sandals.
   (d)   While on duty, a driver shall wear a traffic safety vest that is
certified by the American National Standards Institute (ANSI) for visibility.
(Ord. Nos. 24661; 27487)
SEC. 15D-46.   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 an emergency wrecker 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 cargo/on hook 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 or tilt bed/roll back carrier and $50,000 for each
medium duty wrecker, heavy duty wrecker, or lowboy unit.
   (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 an emergency
wrecker has been removed from the vehicle.
   (f)   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; 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 an emergency wrecker service while a
license is suspended under this section whether or not the action is appealed.
A $100 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 emergency wrecker service may have any operational control, direct
or indirect, in any insurance company that provides insurance required by this
section to the emergency wrecker 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. 21175; 21238; 24661; 25215; 27487)
SEC. 15D-47.   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.
      (4)   A list of current drivers employed by the licensee, with their
wrecker driver’s permit numbers indicated, and a copy of the incident
management towing operator’s license issued by the state to each driver.
      (5)   A copy of the licensee’s drug testing policy established under
Chapter 2308 of the Texas Occupations Code, as amended.
      (6)   Any additional information deemed necessary by the director
relating to the operations and activities of the emergency wrecker service.
(Ord. Nos. 24661; 27487)
SEC. 15D-48.   EMERGENCY WRECKER SERVICE RECORDS.
   A licensee shall maintain the business records of the emergency wrecker
service, including but not limited to records relating to the activities,
operations, service, and safety record of the emergency wrecker service, at its
business location required by Section
15D-20(c). The licensee shall make the emergency wrecker service records
available for inspection by the director or the chief of police upon reasonable
notice and request. (Ord. 24661)
SEC. 15D-49.   FAILURE TO PAY AD VALOREM TAXES.
   A licensee or an applicant for an emergency wrecker 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 emergency wrecker
service to become delinquent. (Ord. 24661)
Division 5. Service Rules and Regulations.
SEC. 15D-50.   EMERGENCY WRECKER SERVICE ZONES; WRECKER LIST PROCEDURE.
   (a)   The chief of police shall partition the city into zones for emergency
wrecker service and shall place the names of all emergency wrecker companies
licensed under this article on a wrecker list. Notice of the boundary limits of
each zone will be provided to each licensee on the list. Each licensee may
apply for and be assigned to only one zone.
   (b)   When an emergency wrecker is needed at a police scene, the police
officer or other authorized city official at the scene will communicate that
need immediately to the police department. On receiving the first request for
emergency wrecker service, the dispatcher will dispatch the first available
emergency wrecker company on the list assigned to the zone in which the police
scene is located and order removal of the wrecked, disabled, or illegally
parked vehicle to a place designated by the chief of police. On each succeeding
request for emergency wrecker service, the dispatcher will dispatch the next
available emergency wrecker company on the list that is assigned to the zone
involved, or dispatch the nearest available emergency wrecker in an adjacent
zone if none are available in the zone involved. Proper notation of each
dispatch for emergency wrecker service must be made on the master list.
   (c)   The chief of police may direct that an emergency wrecker be dispatched
out of its zone when determined to be in the best interest of the public
health, safety, and welfare. (Ord. Nos. 13977; 14685; 15612; 16850; 24661;
27487; 32265)
SEC. 15D-51.   REMOVAL OF A VEHICLE WITH A WRECKER.
   A licensee or permittee commits an offense if he, either personally or
through an employee or agent, removes a vehicle from a street or other public
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. 24661; 27487)
SEC. 15D-52.   REQUIREMENTS AND OPERATING PROCEDURES.
   (a)   A licensee shall comply with the following requirements and
procedures:
      (1)   Maintain a 24 hour emergency wrecker service and operate a two way
communication system on a 24 hour basis. The licensee shall keep the business
location required under Section
15D-20(c) open and staffed from 9:00 a.m. to 5:00 p.m. weekdays, except for:
         (A)   holidays recognized by the city; and
         (B)   other times for which the licensee has:
            (i)   obtained prior written approval from the chief of police; and
            (ii)   provided the director with a copy of that approval.
      (2)   Arrive at the police scene, if it is not a rapid response location,
within 30 minutes after having been notified to do so by the chief of police.
      (3)   Deliver, in every instance, the wrecked, disabled, or illegally
parked vehicle directly to a location designated by the chief of police without
stopping at any other location or for any reason other than mechanical
breakdown or problems with the vehicle hookup to the wrecker. In the event of a
mechanical breakdown or problem with the vehicle hookup to the wrecker, the
wrecker driver or the licensee shall immediately notify the chief of police.
      (4)   Report to the director all changes in emergency wreckers and
equipment used in the licensee's emergency wrecker service and render all
additional vehicles for inspection by the director. A wrecker without a valid
emergency wrecker inspection sticker is not allowed to participate in the
wrecker list or the rapid response list.
      (5)   Employ at least four emergency wrecker drivers who hold valid
wrecker driver's permits issued under this article and valid incident
management towing operator's licenses.
      (6)   Upon arrival at the scene of an accident and in a manner that
minimizes the duration of interference with normal traffic flow, promptly clear
the wreckage and debris from the travelled portion of the roadway or confine it
to the smallest possible portion of the travelled roadway while removal is
taking place and, before leaving the accident site, completely remove from the
site all resulting wreckage or debris, including all broken glass, but
excluding truck or vehicle cargoes.
      (7)   Request the police officer or other authorized city official at a
police scene to request the dispatch of another emergency wrecker if additional
wreckers are needed to clear a police scene. (Ord. Nos. 13977; 14685; 16554;
21175; 24661; 27487; 32265)
SEC. 15D-53.   RAPID RESPONSE PROGRAM.
   (a)   The chief of police shall create a rapid response list to assign
licensed emergency wrecker companies to city-owned vehicles and rapid response
locations.
   (b)   Participation by a licensed emergency wrecker company in the rapid
response program is voluntary. An emergency wrecker company may request to be
placed on the rapid response list only when applying for license issuance or
renewal or at other times designated by the chief of police. An emergency
wrecker company may request to have its name removed from the rapid response
list at any time.
   (c)   Each participating emergency wrecker company shall provide at least
one conventional light duty wrecker and one tilt bed/roll back carrier to be
available to remove vehicles as directed by the chief of police.
   (d)   Reserved.
   (e)   If a primary emergency wrecker company is unable to respond, it shall
immediately notify the chief of police, and the chief of police will dispatch a
back-up emergency wrecker company to the police scene at the rapid response
location.
   (f)   An emergency wrecker company responding to a dispatch under the rapid
response program shall arrive at the dispatched location within 15 minutes
after notification to do so by the chief of police.
   (g)   An emergency wrecker company may stage its wreckers in strategic
locations (but not on a freeway, highway, or expressway) to facilitate timely
response to a police scene in a rapid response location. An emergency wrecker
company may not respond to a police scene without first being dispatched by the
chief of police.
   (h)   An emergency wrecker company dispatched to a rapid response location
may conduct a "double tow" by loading two vehicles onto a single tilt bed/
rollback carrier, but only when both vehicles are towed from a single police
scene to the same location approved by the chief of police. If the emergency
wrecker company receives a subsequent request for service at a different
location, it must send another wrecker to the other location.
   (i)   All towed vehicles must be disposed of in accordance with Section
15D-54. (Ord. Nos. 13977; 14685; 15612; 21175; 24661; 27487; 31233; 32265)
SEC. 15D-53.1   RAPID RESPONSE LOCATIONS.
   The following are rapid response locations:
      (1)   C. F. Hawn Freeway.
      (2)   Central Expressway.
      (3)   East R. L. Thornton Freeway.
      (4)   Interstate Highway 20.
      (5)   John W. Carpenter Freeway.
      (6)   Julius Schepps Freeway.
      (7)   Lyndon B. Johnson Freeway.
      (8)   Marvin D. Love Freeway.
      (9)   S. M. Wright Freeway.
      (10)   South R. L. Thornton Freeway.
      (11)   Stemmons Freeway.
      (12)   Tom Landry Freeway.
      (13)   Walton Walker Boulevard.
      (14)   Woodall Rogers Freeway.
      (15)   All entrance and exit ramps and all adjacent service roads of the
freeways named in Paragraphs (1) through (14) of this section.
      (16)   Any other area designated by the chief of police. (Ord. 27487)
SEC. 15D-54.   DISPOSITION OF TOWED VEHICLES.
   (a)   Except as provided in Subsection (b) of this section, a vehicle towed
under this article will be kept at a vehicle storage facility designated by the
chief of police until application for the vehicle’s redemption is made by the
vehicle owner, or the owner’s authorized agent, who will be entitled to
possession of the vehicle upon payment of all costs of removal and storage that
may have accrued. If the vehicle is not redeemed by the vehicle owner or the
owner’s authorized agent, the vehicle will be disposed of in a manner
prescribed by law.
   (b)   The owner or operator of a wrecked or disabled vehicle, or the owner
or operator’s authorized agent, may request that an emergency wrecker remove
the vehicle to a location other than one designated in Subsection (a). Removal
of the vehicle to a location designated by the vehicle owner or operator, or
the owner or operator’s authorized agent, must be authorized by the chief of
police, or the chief’s authorized representative at the police scene, and be in
accordance with rules and regulations established by the chief of police.
   (c)   If a licensee or wrecker driver refuses to leave a towed vehicle at
the vehicle owner or operator’s designated delivery location for failure of the
vehicle owner or operator to pay all fees allowed under Section
15D-57, the licensee or wrecker driver shall tow the vehicle to a location
designated by the chief of police under Subsection (a) and report the change in
the delivery location to the police department in accordance with Section
15D-55. (Ord. Nos. 21175; 24661; 27487)
SEC. 15D-55.   NOTIFICATION OF POLICE DEPARTMENT; IMPOUNDED VEHICLE RECEIPTS.
   (a)   A licensee or wrecker driver commits an offense if he fails to notify
and provide all of the following information to the police department or an
approved vehicle storage facility within two hours after removing a vehicle
from a police scene with an emergency wrecker:
      (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 emergency wrecker service.
      (5)   The name, address, and telephone number of the vehicle storage
facility or other location to which the vehicle was taken.
      (6)   The fee paid to the licensee or wrecker driver for removal of the
vehicle and a copy of the receipt given to the owner or operator of the towed
vehicle, which receipt must be signed by, and list the telephone number of, the
vehicle's owner or operator.
      (7)   The dispatch number assigned by the chief of police to authorize
the removal of the vehicle.
   (b)   A licensee or wrecker driver shall obtain from the chief of police
impounded vehicle receipt forms on which to record the information required in
Subsection (a) and any other information determined necessary by the director
or the chief of police. A licensee or wrecker driver shall complete a separate
impounded vehicle receipt for each vehicle removed by the licensee or wrecker
driver under this article. The licensee or wrecker driver shall return copies
of all completed impounded vehicle receipts to the police department in a
manner and on a schedule required by the chief of police. This subsection does
not apply if a licensee or wrecker driver has provided the required information
to the police department or an approved vehicle storage facility through an
electronic database. (Ord. Nos. 24661; 27487; 32265)
SEC. 15D-56.   CITY-OWNED WRECKERS.
   Nothing in this article prevents the chief of police from dispatching a
city-owned wrecker to a police scene to render emergency wrecker service in
lieu of dispatching an emergency wrecker from the wrecker list or the rapid
response list. (Ord. Nos. 13977; 14685; 24661; 27487; 32265)
Division 6. Fee Schedule.
SEC. 15D-57.   MAXIMUM FEE SCHEDULE FOR EMERGENCY WRECKER SERVICE.
   (a)   The following fees are authorized for providing emergency wrecker
service to vehicles (except for vehicles owned by the city):
      (1)   $150 for towage of a vehicle with a manufacturer's gross vehicle
weight rating of not more than 10,000 pounds, plus a fee of $73 for each hour
over two hours that is required to complete the tow, with partial hours paid in
quarter hour increments.
      (2)   $300 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, plus
a fee of $109 for each hour over two hours that is required to complete the
tow, with partial hours paid in quarter hour increments.
      (3)   $550 for towage of a vehicle with a manufacturer's gross vehicle
weight rating of more than 26,000 pounds, plus a fee of $182 for each hour over
two hours that is required to complete the tow, with partial hours paid in
quarter hour increments.
      (4)   $73 for any service a wrecker operator or driver performs that
renders a vehicle operable, including, but not limited to, removing or
straightening a bumper or fender, or another similar service.
      (5)   When dispatched by the chief of police to a location more than 100
yards outside the corporate limits of the city to tow a vehicle from the
dispatched location to a location inside the corporate limits of the city, $4
for each loaded one-way mile that the wrecker travels, measured from the
dispatched location to the nearest point of the corporate limits of the city
using the most direct and expeditious route.
      (6)   When dispatched by the chief of police to a location inside the
corporate limits of the city to tow a vehicle to a location more than 100 yards
outside the corporate limits of the city, $4 for each loaded one-way mile that
the wrecker travels, measured from the nearest point of the corporate limits of
the city to the vehicle delivery location using the most direct and expeditious
route.
      (7)   No additional fee may be charged for linkage of a vehicle prior to
a tow or for the use of towing dollies, go-jacks, winching, or air bags.
   (b)   The charges allowed in Subsections (a)(1), (2), and (3) are calculated
from the time a wrecker is dispatched by the chief of police to the time the
vehicle to be towed is delivered to a location designated by the chief of
police.
   (c)   A licensee or permittee commits an offense if he, either personally or
through an employee or agent:
      (1)   charges more than the maximum towage fee allowed by this section
for the particular vehicle towed;
      (2)   charges any fee in addition to those lawfully charged under this
section; or
      (3)   requests payment of a fee for emergency wrecker service from a
person or in a manner not authorized by this article or rules and regulations
established by the director or the chief of police pursuant to this article.
(Ord. Nos. 13977; 14685; 15612; 16403; 17673; 18566; 21175; 21311; 24661;
27487; 30993; 32362)
Division 7. Vehicles and Equipment.
SEC. 15D-58.   VEHICLES AND EQUIPMENT.
   (a)   An applicant or licensee shall submit each wrecker to be used in the
emergency wrecker 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 or a tilt bed/roll back carrier;
      (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 or a lowboy unit;
      (4)   carry, as standard equipment, a tow bar, towing dollies, safety
chains, a fire extinguisher, a wrecking bar, a broom, a shovel, at least six
flares or three reflective triangles, absorbent material for oil or fuel
leakages, and a container to carry debris, except that:
         (A)   towing dollies are not required on medium duty or heavy duty
wreckers; and
         (B)   towing dollies and tow bars are not required on tilt bed/roll
back carriers or lowboy units;
      (5)   be maintained in a safe and good working condition, contain
equipment that is maintained in a safe and good working condition, and comply
with all minimum safety and equipment standards required for a wrecker by city
ordinance or state or federal law;
      (6)   have permanently affixed to each side of the front doors of the
wrecker legible letters and numbers, at least two inches high, in a color that
contrasts with the front doors, stating the trade name and telephone number
(including area code) of the emergency wrecker service and the motor carrier
registration number of the wrecker; and
      (7)   be capable of providing two-way communication with the licensee’s
base station at all times.
   (b)   An inspection fee of $226 must be paid for each wrecker that is used
in the emergency wrecker service. 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 left corner of the front windshield of the
inspected wrecker.
   (c)   The director, the chief of police, or a peace officer may, at any
time, inspect a wrecker used by a licensee for emergency wrecker 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 or agent:
      (1)   uses a light duty wrecker, a tilt bed/roll back carrier, a medium
duty wrecker, a heavy duty wrecker, or a lowboy unit to tow a vehicle that
exceeds the manufacturer’s gross vehicle weight rating allowed to be towed by
the particular type of wrecker under Subsection (a)(1), (2), or (3), whichever
is applicable; or
      (2)   tows a vehicle using a wrecker that does not have a valid city of
Dallas emergency wrecker decal affixed to the windshield as required by
Subsection (b) of this section. (Ord. Nos. 24661; 25048; 27487; 27695; 30215)
Division 8. Enforcement.
SEC. 15D-59.   AUTHORITY TO INSPECT.
   (a)   The director, the chief of police, or a peace officer may inspect any
emergency wrecker service to determine whether a licensee or permittee complies
with this article, rules and regulations established under this article, 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,
the chief of police, or a peace officer in the conduct of any investigation or
discharge of any duty pursuant to this article. (Ord. 24661)
SEC. 15D-60.   ENFORCEMENT BY POLICE DEPARTMENT.
   Officers of the police department shall assist in the enforcement of this
article. A police officer upon observing a violation of this article, or of any
rule or regulation established by the director or the chief of police pursuant
to this article, shall take necessary enforcement action to ensure effective
regulation of emergency wrecker service. (Ord. 24661)
SEC. 15D-61.   CORRECTION ORDER.
   (a)   If the director or the chief of police determines that a licensee,
either personally or through an employee or agent, violates this article, the
terms of its license, a rule or regulation established by the director or the
chief of police, or other law, the director or the chief of police 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 or the chief or police 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 or the chief of police shall order the
licensee to immediately cease use of the equipment.
   (b)   If the director or the chief of police determines that a violation
constitutes an imminent and serious threat to the public health or safety, the
director or the chief of police shall order the licensee to correct the
violation immediately, and, if the licensee fails to comply, the director or
the chief of police shall promptly take or cause to be taken such action as
considered necessary to enforce the order immediately.
   (c)   The director or the chief of police 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 how the order may be appealed. (Ord. 24661)
SEC. 15D-62.   SERVICE OF NOTICE.
   (a)   A licensee shall designate and maintain a representative to receive
service of notice required under this article to be given a licensee.
   (b)   Notice required under this article 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 Division 3 of this article
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 article to be given a person other than a
driver permitted under Division 3 of this article 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. 24661)
SEC. 15D-63.   APPEAL.
   (a)   A licensee may appeal a correction order issued under Section
15D-61 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.
24661)
SEC. 15D-64.   OFFENSES.
   (a)   A person commits an offense if he violates a provision of this article
applicable to him.
   (b)   A separate offense is committed each day in which an offense occurs.
An offense committed under this article is punishable by a fine of not less
than $200 or more than $1,000 as provided by Section 2308.505 of the Texas
Occupations Code, as amended. 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 article 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. Nos. 24661; 27487)
ARTICLE III
PUBLIC SERVICE CORPORATIONS.
SEC. 15D-65.   DEFINITIONS.
   In this article:
      (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)   PUBLIC SERVICE CORPORATION means a corporation that provides a
general public service under a franchise from the city and that has a need to
dispatch vehicles to the scene of accidents, fires, explosions, or other
disasters on an emergency basis. (Ord. Nos. 19312; 24661)
SEC. 15D-66.   PERMIT REQUIRED.
   No person shall operate or cause to be operated a vehicle for a public
service corporation as an emergency vehicle without first obtaining a permit.
(Ord. Nos. 14586; 19312; 24661)
SEC. 15D-67.   APPLICATION.
   (a)   A public service corporation which desires to have a vehicle
designated as an authorized emergency vehicle shall apply to the director for a
permit for each vehicle to be designated.
   (b)   The application shall be on a form provided by the director and shall
contain all information reasonably necessary to enable him to determine whether
the vehicle meets the requirements of this article. (Ord. Nos. 14586; 19312;
24661)
SEC. 15D-68.   PERMIT ISSUANCE; STANDARDS OF OPERATION.
   (a)   The director shall consider each application and shall issue a permit
designating the vehicle of a public service corporation as an authorized
emergency vehicle if he finds that:
      (1)   it is necessary to have vehicles owned by the public service
corporation at the scene of accidents, fires, explosions, or other disasters in
the shortest possible time to protect public health, safety, and welfare of
persons and property and that they should be permitted to travel as authorized
emergency vehicles during these emergencies;
      (2)   the vehicle is properly equipped with siren and flashing red lights
as required by Section 124, Article 6701d, Vernon’s Texas Civil Statutes; and
      (3)   the vehicle has a current state inspection sticker of the state
department of public safety.
   (b)   If the director finds that these three conditions do not exist, he
shall deny the permit.
   (c)   The director may establish rules or standards of operation regarding
public service emergency vehicles. (Ord. Nos. 14586; 19312; 24661)
SEC. 15D-69.   TERM; POSTING.
   The permit required by this article expires the first day of April following
its issuance and shall be renewed annually. The permit must be posted in the
interior of the emergency vehicle in a place accessible to inspection. (Ord.
Nos. 14586; 19312; 24661)
SEC. 15D-70.   OPERATORS TO HAVE CHAUFFEUR’S LICENSE.
   A public service corporation operating a permitted vehicle as an authorized
emergency vehicle shall allow only persons possessing a chauffeur’s license
from the state department of public safety to operate the emergency vehicle.
(Ord. Nos. 14586; 19312; 24661)
ARTICLE IV.
MOTOR VEHICLE ACCIDENT CLEANUP FEE.
SEC. 15D-71.   MOTOR VEHICLE ACCIDENT CLEANUP FEE.
   (a)   Whenever the fire-rescue department provides services to clean up
contaminants, debris, and other materials discharged onto a public right-of-way
as a result of a motor vehicle accident, a motor vehicle accident cleanup fee
will be charged by the city in accordance with this article. The purpose of the
fee is to recover the costs incurred by the fire-rescue department in
preventing the contaminants, debris, and other materials from entering the
city’s storm water system and in returning the public right-of-way to its
condition immediately prior to the accident.
   (b)   The fee amount will be calculated based on the following rates:
      (1)   $213 per hour for the use of each ambulance/rescue vehicle
(including personnel) necessary to provide bio-hazardous cleanup services.
      (2)   $275 per hour for the use of each fire engine (including personnel)
necessary to provide general cleanup services.
      (3)   $275 per hour for the use of each aerial fire truck (including
personnel) necessary to provide general cleanup services.
      (4)   $161 per hour for the use of each battalion chief vehicle
(including personnel) necessary to provide general cleanup services.
      (5)   $16 per accident for absorbent materials used to provide general
cleanup services.
      (6)   $5 per accident for consumable supplies (including, but not limited
to, brooms, scoops, gloves, and bags) used to provide general cleanup services.
      (7)   $2 per accident for the disposal of bio- hazardous waste.
      (8)   $7 per accident for the disposal of contaminated waste.
   (c)   The driver of the motor vehicle determined to be liable for the motor
vehicle accident shall be responsible for payment of the motor vehicle accident
cleanup fee assessed under this article. If more than one driver is determined
to be liable for the motor vehicle accident, then the fee will be apportioned
among the drivers based on each driver’s percentage of liability. If a driver
is a minor, the parent or guardian of the minor shall be responsible for
payment of any fee or portion of a fee assessed to the minor driver under this
article.
   (d)   Any fee or portion of a fee assessed to a driver under this article
will be waived by the city if the driver provides proof that, at the time of
the motor vehicle accident, the driver was a city of Dallas resident. (Ord.
27354)
CHAPTER 16
DALLAS FIRE CODE
Note: Chapter 16, “Dallas Fire Code” of the Dallas City Code, as amended, is
composed of the most recently adopted editions of the International Fire Code
Institute, as adopted and amended by the Dallas City Council. The text of
Chapter 16 has been removed from the bound three-volume set of the Dallas City
Code and may be obtained by purchasing the Uniform Fire Code, together with
City of Dallas amendments, from the Dallas Fire Department, Fire Prevention
Education and Inspection Division.
CHAPTER 17
FOOD ESTABLISHMENTS
ARTICLE I.
FOOD ESTABLISHMENTS GENERALLY.
Sec.
17-1.1.   Purpose.
Sec.
17-1.2.   Cooperation among departments.
Sec.
17-1.3.   General authority and duty of the director, city health authority,
and environmental health officer.
Sec.
17-1.4.   Chapter cumulative.
Sec.
17-1.5.   Definitions.
Sec.
17-1.6.   Defenses for certain types of activities.
ARTICLE II.
MANAGEMENT AND PERSONNEL.
Sec.
17-2.1.   Adoption of Subchapter B, Texas Food Establishment Rules.
Sec.
17-2.2.   Additional requirements.
ARTICLE III.
FOOD.
Sec.
17-3.1.   Adoption of Subchapter C, Texas Food Establishment Rules.
Sec.
17-3.2.   Additional requirements.
ARTICLE IV.
EQUIPMENT, UTENSILS, AND LINENS.
Sec.
17-4.1.   Adoption of Subchapter D, Texas Food Establishment Rules.
Sec.
17-4.2.   Additional requirements.
ARTICLE V.
WATER, PLUMBING, AND WASTE.
Sec.
17-5.1.   Adoption of Subchapter E, Texas Food Establishment Rules.
Sec.
17-5.2.   Additional requirements.
ARTICLE VI.
PHYSICAL FACILITIES.
Sec.
17-6.1.   Adoption of Subchapter F, Texas Food Establishment Rules.
Sec.
17-6.2.   Additional requirements.
ARTICLE VII.
POISONOUS OR TOXIC MATERIALS.
Sec.
17-7.1.   Adoption of Subchapter G, Texas Food Establishment Rules.
Sec.
17-7.2.   Additional requirements.
ARTICLE VIII.
MOBILE FOOD UNITS.
Sec.
17-8.1.   Adoption of Section 228.221, Texas Food Establishment Rules.
Sec.
17-8.2.   Additional requirements.
ARTICLE IX.
TEMPORARY FOOD ESTABLISHMENTS AND CATERING SERVICES.
Sec.
17-9.1.   Election not to adopt Section 228.222, Texas Food Establishment
Rules.
Sec.
17-9.2.   Requirements for temporary food establishments.
Sec.
17-9.3.   Requirements for catering services.
ARTICLE X.
COMPLIANCE AND ENFORCEMENT.
Sec.
17-10.1.   Adoption of Subchapter I, Texas Food Establishment Rules.
Sec.
17-10.2.   Additional requirements.
ARTICLE XI.
HEIMLICH MANEUVER POSTER.
Sec.
17-11.1.   Adoption of Section 229.173, Texas Food Establishment Rules.
Sec.
17-11.2.   Additional requirements.
ARTICLE XII.
BED AND BREAKFAST EXTENDED ESTABLISHMENTS.
Sec.
17-12.1.   Adoption of Section 228.223, Texas Food Establishment Rules.
Sec.
17-12.2.   Additional requirements.
ARTICLE XIII.
OUTFITTER OPERATIONS.
Sec.
17-13.1.   Adoption of Section 228.224, Texas Food Establishment Rules.
Sec.
17-13.2.   Additional requirements.
ARTICLE XIV.
SELF SERVICE FOOD MARKET.
Sec.
17-14.1.   Adoption of Chapter 228, Subchapter H, Section 225.
Sec.
17-14.2.   Additional requirements.
ARTICLE I.
FOOD ESTABLISHMENTS GENERALLY.
SEC. 17-1.1.   PURPOSE.
   The purpose set forth in Section 228.1 of the Texas Food Establishment Rules
is hereby adopted and made a part of this chapter by reference. (Ord. Nos.
26023; 30134)
SEC. 17-1.2.   COOPERATION AMONG DEPARTMENTS.
   The regulation of food establishments is a complex task that may involve
various fields of enforcement and administration; accordingly, cooperation
among city departments to provide effective regulation is encouraged. (Ord.
26023)
SEC. 17-1.3.   GENERAL AUTHORITY AND DUTY OF THE DIRECTOR, CITY HEALTH
AUTHORITY, AND ENVIRONMENTAL HEALTH OFFICER.
   In accordance with state law the director, city health authority, or
environmental health officer, or an officer or employee designated by the
director, city health authority, or environmental health officer, may enforce
any city ordinance applicable to a food establishment. The director, city
health authority, or environmental health officer may also enforce a state or
federal statute or regulation applicable to a food establishment operating
within the city if that enforcement is not contrary to law. The director, city
health authority, or environmental health officer shall implement and enforce
this chapter. (Ord. 26023)
SEC. 17-1.4.   CHAPTER CUMULATIVE.
   The provisions of this chapter 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 chapter and is otherwise applicable. (Ord.
26023)
SEC. 17-1.5.   DEFINITIONS.
   (a)   Except for the terms defined in Subsection (b), the definitions set
forth in Section 228.2 of the Texas Food Establishment Rules are hereby adopted
and made a part of this chapter by reference.
   (b)   In addition to the definitions adopted in Subsection (a), the
following terms have the following meanings in this chapter:
      (1)   ADULTERATED means the condition of food that:
         (A)   contains a poisonous or deleterious substance in a quantity that
may render it injurious to health; or
         (B)   contains an added poisonous or deleterious substance:
            (i)   for which no safe tolerance has been established or accepted
by a governmental agency; or
            (ii)   in excess of a safe tolerance, established or accepted by a
governmental agency; or
         (C)   consists in whole or part of a filthy, putrid, or decomposed
substance; or
         (D)   is unsafe for human consumption; or
         (E)   was processed, prepared, or otherwise handled under an
unsanitary condition that may have contaminated the food or rendered it
injurious to health; or
         (F)   is in whole or part the product of a diseased animal or an
animal that did not die by slaughter; or
         (G)   the container of which is composed in whole or part of a
poisonous or deleterious substance that may render the food injurious to
health; or
         (H)   is not in a safe, sound condition, free from spoilage, filth,
and other contamination.
      (2)   CATERING SERVICE means a food establishment, other than a mobile
food preparation vehicle, that:
         (A)   prepares or serves food on premises in control of another; or
         (B)   prepares food on the premises of a fixed food establishment and
delivers the food to a different location to be served.
      (3)    COMMERCIALLY-MANUFACTURED means the vehicle or trailer was
manufactured, converted, or retrofitted for use as a mobile food preparation
vehicle or trailer by a person regularly in the business of manufacturing,
converting, or retrofitting motorized vehicles or trailers as mobile food
preparation vehicles or trailers for sale or compensation.
      (4)   COMMISSARY means a food establishment that serves as an operating
base for a mobile food unit and where:
         (A)   food, containers, or supplies are kept, handled, prepared,
packaged, or stored for use by a mobile food unit; and
         (B)   a mobile food unit is stored, parked, serviced, cleaned,
supplied, and maintained.
      (5)   DEPARTMENT means the department designated by the city manager to
enforce and administer this chapter.
      (6)   DIRECTOR means the director of the department, the city health
authority, or the environmental health officer and includes representatives,
agents, or city employees designated by the director of the department, the
city health authority, or the environmental health officer to enforce or
administer this chapter; except that, in Section
17-10.2(p), the term refers only to the director of the department.
      (7)   EXTENSIVELY REMODELED means the expenditure of at least $25,000 or
an amount equal to at least 10 percent of the assessed value of the facility,
whichever is more, for the purpose of repairs or remodeling, but does not
include:
         (A)   expenditures for the replacement of movable equipment; or
         (B)   remodeling that does not affect the construction or operation of
food storage or food preparation areas or areas used to store or clean utensils
and equipment used in food storage or food preparation.
      (8)   FOOD ESTABLISHMENT:
         (A)   The term means an operation that:
            (i)   sells, stores, prepares, packages, serves, or otherwise
provides food for human consumption such as: a food service establishment;
retail food store; mobile food unit; satellite or catered feeding location;
catering operation if the operation provides food directly to a consumer or to
a conveyance used to transport people; market; remote catered operations;
conveyance used to transport people; institution; or food bank; and
            (ii)   relinquishes possession of food to a consumer directly, or
indirectly through a delivery service, such as home delivery of grocery orders
or restaurant takeout orders, or delivery service that is provided by common
carriers.
         (B)   The term includes an element of the operation such as a
transportation vehicle or a central preparation facility that supplies a
vending location or satellite feeding location unless the vending or feeding
location is permitted by the regulatory authority; a restaurant; a grocery
store; an operation that is conducted in a mobile, stationary, temporary, or
permanent facility or location; where consumption is on or off premises; and
regardless of whether there is a charge for the food.
         (C)   The term does not include a produce stand that only offers
whole, uncut fresh fruits and vegetables or an establishment that offers only
prepackaged foods that are not time/temperature control for safety, except that
the term does include an establishment that sells ice cream, frozen custard,
soft serve dairy products, gelato, or other frozen desserts.
         (D)   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.
      (9)   MOBILE FOOD PREPARATION TRAILER means a commercially-manufactured
enclosed or partly enclosed mobile food unit that complies with the
construction and operation standards of this article for a Class IV mobile food
unit and is readily movable by means of pulling to locations for operations as
a mobile food preparation trailer.
      (10)   MOBILE FOOD PREPARATION VEHICLE means a commercially-manufactured,
motorized mobile food unit in which food is cooked, wrapped, packaged,
processed, or portioned for service, sale, or distribution.
      (11)   MOBILE FOOD UNIT means a vehicle-mounted, self or otherwise
propelled, self-contained food service operation designed to be readily
moveable (including catering trucks, trailers, and pushcarts) and used to
store, prepare, display, serve, or sell food to an ultimate consumer. The term
includes, but is not limited to, Class I and Class II pushcarts and Class III
and Class IV mobile food preparation trailers and vehicles. A mobile food unit
does not include a stand or a booth.
         (A)   Mobile food unit classifications:
            (i)   Class I units may only sell pre-packaged foods and beverages
from a pushcart. This class includes vegetable and fruit vendors.
            (ii)   Class II units are any mobile food unit that is not a Class
I, Class III, or Class IV mobile food unit. Class II units may only have a hot
or cold holding display for unpackaged foods. Limited cooking and preparation
are allowed onboard the pushcart such as boiling, heating, and steaming. Flat
top grilling is prohibited.
            (iii)   Class III units are a mobile food preparation trailer that
may cook in an external covered area such as a barbeque pit or wood fired pizza
ovens, where all food preparation, assembly, and service is done in an enclosed
area on board the unit. This class includes a non-motorized mobile food unit
that is readily movable such as a trailer or shipping container.
            (iv)   Class IV units are units that are fully enclosed that meet
all the safety equipment and standards as a brick and mortar unit. This class
includes a restaurant on wheels or a mobile food preparation vehicle.
      (12)   NON-FOOD CONTACT SURFACE means a surface (including, but not
limited to, a shelf, counter, fan, or an exterior part of equipment) that does
not normally come into contact with food in the operation of a food
establishment.
      (13)   PERMIT means the document issued by the department that authorizes
a person to operate a food establishment.
      (14)   PERSON IN CHARGE means the individual present in a food
establishment who is the apparent supervisor of the food establishment at the
time of inspection. If no individual is the apparent supervisor, then any
employee present is the person in charge.
      (15)   PREMISES means:
         (A)   the physical facility, its contents, and the contiguous land or
property under the control of the permit holder; or
         (B)   the physical facility, its contents, and the contiguous land or
property and its facilities and contents that are under the control of the
permit holder that may impact food establishment personnel, facilities, or
operations, if a food establishment is only one component of a larger
operation.
      (16)   RECONSTITUTED means the recombining of dehydrated food products
with water or other liquids.
      (17)   REGULATORY AUTHORITY means the director.
      (18)   RISK LEVEL ONE ESTABLISHMENT means an establishment with no
cooking processes of any kind, no heat holding, no open exposed food handling
(including handling mixed drinks), or only holds refrigerated and frozen foods
packaged from the manufacture.
      (19)   RISK LEVEL THREE ESTABLISHMENT means an establishment that cooks
time and temperature control products from the raw state, heat hold, and reheat
food items. These establishments may have an extensive menu and/or extensive
handling of food ingredients. This includes food establishments that engage in
special processes, have a hazard analysis critical control point (HACCP) plan,
or serves a highly susceptible population.
      (20)   RISK LEVEL TWO ESTABLISHMENT means an establishment that has a
limited menu selection, serves only commercially processed time and temperature
control foods, heats and serves food items with no cooking or reheating
process, or has minimal heat holding.
      (21)   SAFE TEMPERATURE means a temperature of not more than 41 degrees
Fahrenheit if held cold (5 degrees Centigrade) or not less than 135 degrees
Fahrenheit if held hot (60 degrees Centigrade). The symbols "°F." and "°C." are
used in this chapter to refer, respectively, to degrees Fahrenheit and degrees
Centigrade.
      (22)   SEAL means to close the junction between surfaces in a way that
prevents entry of moisture.
      (23)   TEMPORARY FOOD SERVICE ESTABLISHMENT means:
         (A)   a food establishment that operates at a fixed location for a
limited period of time in conjunction with:
            (i)   a plaza event for which a permit has been issued by the city
under
Chapter 35;
            (ii)   a special event for which a permit has been issued by the
city under
Chapter 42A;
            (iii)   a special event conducted with written permission of the
city on property under the control of the park and recreation board, on
property of the "convention center" or "reunion arena" as defined in Section
43-127 of this code, or on property of the "Neighborhood Market" as defined in
Section
42A-2 of this code;
            (iv)   a temporary carnival or circus conducted with written
authorization of the building official under Section
51A-4.206(2) of the Dallas Development Code;
            (v)   an activity or event conducted entirely inside a facility
that is primarily and routinely used to hold exhibitions, conventions,
concerts, symphonies, plays, sporting events, or similar activities or events
at which food is customarily served or offered for sale;
            (vi)   a single event or celebration conducted on any
nonresidential premises as an accessory use under Section
51A-4.217 of the Dallas Development Code; or
            (vii)   a neighborhood market for which a permit has been issued
under
Chapter 42A of this code; or
         (B)   a concessionaire operating under a seasonal contract with the
city on property owned or operated by the city.
      (24)   TEXAS FOOD ESTABLISHMENT RULES means the rules of the Texas
Department of State Health Services found in Title 25 Texas Administrative
Code, Chapter 228, as amended.
      (25)   VARIANCE means a written document issued by the department that
authorizes a modification or waiver of one or more requirements of the code if,
in the opinion of the department, a health hazard or nuisance will not result
from the modification or waiver. (Ord. Nos. 26023; 26556; 28046; 30134; 30938;
31375; 32181)
SEC. 17-1.6.   DEFENSES FOR CERTAIN TYPES OF ACTIVITIES.
   (a)   It is a defense to prosecution under this chapter that, at the time of
the offense, the person charged was:
      (1)   conducting food operations that are licensed, and inspected at
least once a year, under federal or state law (as illustrated by, but not
limited to, milk producers, day care facilities, nursing homes, and meat
processors);
      (2)   selling, distributing, transporting, or storing a raw agricultural
commodity (including, but not limited to, raw vegetables and fruit, and pure
honey) by the original producer, provided that the sale, distribution,
transportation, or storage is on property owned or leased by the original
producer;
      (3)   selling, distributing, or serving food at an event, party, or other
special gathering that is not open to persons other than the members or invited
guests of the sponsor, provided that there is no public advertisement of the
event, public solicitation of funds at or for the event, or participation by
the general public in the event;
      (4)   conducting the retail sale or distribution of non-time/temperature
control for safety food from a fixed facility if the food is acquired and sold
or distributed in cans, bottles, or other prepackaged containers that are not
opened before obtained by a consumer, and no food manufacturing, processing, or
preparing operations are conducted at the facility; or
      (5)   serving or distributing food, without charge, to homeless
individuals on public or private property, provided that the person:
         (A)   sent a notice within the time required by subparagraph (B) to
the director (by United States mail, facsimile, electronic mail to the
addresses or numbers provided by the director, via the City's 311 call center,
or on the City's Code Compliance Department's website) containing the following
information:
            (i)   the name of the individual or organization that was or will
be serving or distributing food to the homeless;
            (ii)   the date or dates when food was or will be served or
distributed to the homeless;
            (iii)   the times of day when food service and distribution is
anticipated to or did begin and end on each date listed in the notice;
            (iv)   the street address or addresses of where food was or is
anticipated to be served or distributed to the homeless or, if the location has
no street address, then a description of the location by street block number or
by naming the nearest intersecting streets; and
            (v)   the approximate or expected number of food preparers and
servers on the site where the food was or will be served or distributed and the
approximate or expected number of individuals that were or will be served,
provided the number of individuals that were or is anticipated to be served
exceeds 75 at a single location;
         (B)   sent the notice required in subparagraph (A) at least 24 hours
before the service or distribution of food to the homeless will commence, if it
is anticipated that more than 75 people will be served, or within 48 hours
after the service or distribution of food to the homeless has concluded, if it
is anticipated that 75 or fewer people will be served at a single location;
         (C)   if the person is an individual, had attended a free city-
sponsored food safety training class within the 24 months preceding the service
or distribution of food to the homeless or, if the person is an organization,
had at least one person who has attended a free city-sponsored food safety
training class or has taken the class to become a certified food handler in the
State of Texas within the 24 months preceding the service or distribution of
food to the homeless present at all times when food was being served or
distributed to the homeless, although this requirement applies only so long as
the city sponsors a free food safety training class at least once during each
three month period during a calendar year;
         (D)   did not serve or distribute time/temperature control for safety
to the homeless, unless the food has been stored at a temperature of:
            (i)   41° F. (5° C.) or below; or
            (ii)   135° F. (57° C.) or above;
         (E)   transported the food in a clean conveyance and, if the food was
a time/temperature control for safety food, as that phrase is defined in the
Texas Food Establishment Rules, as amended, served or distributed it within
four hours after preparation;
         (F)   used one of the following methods of sanitizing hands before
preparing, serving, or distributing food for the homeless:
            (i)   a hand sanitizer containing at least 70 percent alcohol or
another substance capable of killing 99.9 percent of the bacteria on hands
within 30 seconds of application;
            (ii)   disposable gloves; or
            (iii)   handwashing equipment that included at a minimum:
               (aa)   a sink, or a five-gallon container with a spigot that
provides free-flowing water and a catch bucket to collect wastewater from
handwashing; and
               (bb)   soap and individual paper towels;
         (G)   properly disposed of any wastewater generated from any
handwashing equipment used in the preparation, service, or distribution of food
to the homeless into a sanitary sewer system and did not dispose of the
wastewater on the ground or into the stormwater drainage system; and
         (H)   brought a sufficient number of trash bags to dispose of the
solid waste generated by the food provided by the servers and used best efforts
to remove or cause the removal of all trash or debris from the feeding site
that was generated by the service or distribution of food to the homeless, and
deposited the trash or debris in a public trash receptacle, or in a private
trash receptacle if permission from the receptacle owner was obtained. (Ord.
Nos. 26023; 26556; 29595; 30134)
ARTICLE II.
MANAGEMENT AND PERSONNEL.
SEC. 17-2.1.   ADOPTION OF SUBCHAPTER B, TEXAS FOOD ESTABLISHMENT RULES.
   Subchapter B of the Texas Food Establishment Rules is hereby adopted and
made a part of this chapter by reference, except that Section 228.32 and
Subsection 228.38(c) are not adopted. (Ord. Nos. 26023; 26556; 30134, eff. 7-1-
16)
SEC. 17-2.2.   ADDITIONAL REQUIREMENTS.
   (a)   In addition to the requirements adopted in Section
17-2.1 of this chapter, the requirements contained in this section govern the
management and personnel of food establishments.
   (b)   Demonstration of knowledge by person in charge of a food
establishment. Based on the risks of foodborne illness inherent to the food
operation, the person in charge shall, during inspections and upon request,
demonstrate to the director knowledge of foodborne disease prevention,
application of the Hazard Analysis Critical Control Point principles, and the
requirements of this chapter. The person in charge shall demonstrate this
knowledge by compliance with this chapter, by being a registered food
protection manager who has shown proficiency of required information through
passing a test that is part of an accredited program and by responding
correctly to the inspector's questions as they relate to the specific food
operation. The person in charge may demonstrate such knowledge by:
      (1)   describing the relationship between the prevention of foodborne
disease and the personal hygiene of a food employee;
      (2)   explaining the responsibility of the person in charge for
preventing the transmission of foodborne disease by a food employee who has a
disease or medical condition that may cause foodborne disease;
      (3)   describing the symptoms associated with the diseases that are
transmissible through food;
      (4)   explaining the significance of the relationship between maintaining
the time and temperature of time/temperature control for safety food and the
prevention of foodborne illness;
      (5)   explaining the hazards involved in the consumption of raw or
undercooked meat, poultry, eggs, and fish;
      (6)   stating the required food temperatures and times for safe cooking
of time/temperature control for safety food including meat, poultry, eggs, and
fish;
      (7)   stating the required temperatures and times for safe refrigerated
storage, hot holding, cooling, and reheating of time/temperature control for
safety food;
      (8)   describing the relationship between the prevention of foodborne
illness and the management and control of the following:
         (A)   cross-contamination;
         (B)   hand contact with ready-to-eat foods;
         (C)   handwashing; and
         (D)   maintaining the food establishment in a clean condition and in
good repair;
      (9)   explaining the relationship between food safety and providing
equipment that is:
         (A)   sufficient in number and capacity; and
         (B)   properly designed, constructed, located, installed, operated,
maintained, and cleaned;
      (10)   explaining correct procedures for cleaning and sanitizing utensils
and food-contact surfaces of equipment;
      (11)   identifying the source of water used and measures taken to ensure
that it remains protected from contamination such as providing protection from
backflow and precluding the creation of cross connections;
      (12)   identifying poisonous and toxic material in the food establishment
and the procedures necessary to ensure that they are safely stored, dispensed,
used, and disposed of according to law;
      (13)   identifying critical control points in the operation from
purchasing through sale or service that when not controlled may contribute to
the transmission of foodborne illness and explaining steps taken to ensure that
the points are controlled in accordance with the requirements of this chapter;
      (14)   explaining the details of how the person in charge and food
employees comply with the Hazard Analysis Critical Point (HACCP) plan (if a
plan is required by the law), the Texas Food Establishment Rules, and this
chapter; and
      (15)   explaining the responsibilities, rights, and authorities assigned
by this chapter to:
         (A)   the food employee;
         (B)   the person in charge; and
         (C)   the director.
   (c)   Registered food service managers.
      (1)   Registered food service managers required.
         (A)   A food establishment shall employ at least one person who:
            (i)   is a full-time, on-site supervisory employee of that food
establishment responsible for food preparation and service; and
            (ii)   has a valid and current food service manager registration
issued by the director.
         (B)   A food establishment must comply with the requirements of
Section
17-2.2(c) before being issued an operating permit.
         (C)   One registered food service manager in a supervisory capacity
may serve up to four food establishments contained within the same building and
under the same ownership and same management.
         (D)   A food establishment shall have one registered food service
manager employed and present in the establishment during all hours of
operation, except that a registered food service manager serving multiple food
establishments as authorized by Section
17-2.2(c)(1)(C) must only be present in the building in which the food
establishment is located during all hours of operation.
         (E)   A food establishment that serves, sells, or distributes only
prepackaged foods and non-time/temperature control for safety beverages, and a
temporary food service establishment that is in operation fewer than four
consecutive calendar days, are exempt from Section
17-2.2(c)(1).
      (2)   Registered food service manager replacement. If a food
establishment cannot meet the requirements of Section
17-2.2(c)(1) because of the termination or permanent transfer of a registered
food service manager, the food establishment shall:
         (A)   notify the director, in writing, within 10 days after the
effective date of the termination or permanent transfer of the registered food
service manager; and
         (B)   employ another registered food service manager within 45 days
after the effective date of the termination or permanent transfer of the
previous registered food service manager.
      (3)   Registration of food service managers.
         (A)   The director shall issue a food service manager registration to
any person who submits the required application on a form provided by the
director, pays to the city the fee required by Section
17-2.2(c)(6), and provides proof of holding a current, valid registered food
manager certification issued by the Texas Department of State Health Services
or by a provider approved by that state department.
         (B)   During those times a registered food service manager is on duty
at a food establishment, the registered food service manager must possess
evidence of registration.
         (C)   A food service manager registration is not transferable from one
person to another.
         (D)   Unless sooner revoked by the director, a food service manager
registration issued under this article expires five years after the date of
issuance. The expiration date on the city-issued food service manager
registration may not be later than the expiration date on the food manager
certificate issued by the state or by an approved provider organization.
      (4)   Renewal of food service manager registration. The director shall
renew a food service manager registration if the applicant:
         (A)   submits an application for renewal within 30 days before
expiration of the current food service manager registration;
         (B)   pays to the city the fee required by Section
17-2.2(c)(6);
         (C)   provides proof of holding a current, valid registered food
manager certification issued by the Texas Department of State Health Services
or by a provider approved by that state department; and
         (D)   provides evidence that within the six months prior to submitting
the application for renewal the applicant has:
            (i)   attended a food service manager refresher training course
approved by the director; or
            (ii)   received a passing score on a national examination for
certification of food service managers that meets requirements of the United
States Food and Drug Administration.
      (5)   Denial or revocation of food service manager registration.
         (A)   The director may refuse to issue or renew a food service manager
registration or may revoke a food service manager registration if the applicant
or holder:
            (i)   has been convicted of interfering with the lawful inspection
of a food establishment;
            (ii)   makes a false statement of material fact in the application
for registration or renewal of registration; or
            (iii)   fails to show proof of holding a current, valid registered
food manager certification issued by the Texas Department of State Health
Services or by a provider approved by that state department.
         (B)   An applicant for or a holder of a food service manager
registration may, in accordance with Section
17-10.2(q), appeal the director's decision to deny issuance or renewal of a
registration or to revoke a registration.
      (6)   Food service manager registration fees. An applicant shall pay a
nonrefundable fee of $63 per year for a food service manager registration.
      (7)   Display of certificate of registered food service manager. A food
service establishment shall display the original certificate of each primary
registered food service manager employed by the establishment. Each certificate
must be displayed in a glass-covered frame at a location where it is easily
visible to the public.
(Ord. Nos. 26023; 26598; 27353; 27695; 28488; 29177; 30134; 30653; 32003)
ARTICLE III.
FOOD.
SEC. 17-3.1.   ADOPTION OF SUBCHAPTER C, TEXAS FOOD ESTABLISHMENT RULES.
   Subchapter C [including Figure 1: 25 TAC § 228.71(a)(1)(B), Figure 2: 25 TAC
§ 228.71(a)(2)(A), and Figure 3: 25 TAC § 228.71(a)(2)(B)] of the Texas Food
Establishment Rules is hereby adopted and made a part of this chapter by
reference, except that Section 228.65(a) is not adopted. (Ord. Nos. 26023;
30134)
SEC. 17-3.2.   ADDITIONAL REQUIREMENTS.
   (a)   In addition to the requirements adopted in Section
17-3.1 of this chapter, the requirements contained in this section govern food
at food establishments.
   (b)   Preventing contamination by employees.
      (1)   Preventing contamination from hands.
         (A)   Food employees shall wash their hands as specified under Section
228.38(a) of the Texas Food Establishment Rules (relating to management and
personnel).
         (B)   Except when washing fruits and vegetables as specified in
Section 228.66(e) of the Texas Food Establishment Rules, food employees shall
avoid contact of exposed ready-to-eat food with their bare hands by use of
suitable utensils such as deli tissue, spatulas, tongs, or single-use gloves.
         (C)   Food employees shall minimize bare hand and arm contact with
exposed food that is not in a ready-to-eat form.
      (2)   Preventing contamination when tasting. A food employee may not use
a utensil more than once to taste food that is to be sold or served.
   (c)   Preventing contamination from the premises.
      (1)   Food storage.
         (A)   Except as specified in Section
17-3.2(c)(1)(B) and (C), food must be protected from contamination by storing
the food:
            (i)   in a clean, dry location;
            (ii)   where it is not exposed to splash, dust, or other
contamination; and
            (iii)   at least 15 centimeters (6 inches) above the floor.
         (B)   Food in packages and working containers may be stored less than
15 centimeters (6 inches) above the floor on case lot handling equipment as
specified under Section 228.106(v) of the Texas Food Establishment Rules.
         (C)   Pressurized beverage containers, cased food in waterproof
containers such as bottles or cans, and milk containers in plastic crates may
be stored on a floor that is clean and not exposed to floor moisture.
      (2)   Food storage, prohibited areas. Food may not be stored:
         (A)   in locker rooms;
         (B)   in toilet rooms;
         (C)   in dressing rooms;
         (D)   in garbage rooms;
         (E)   in mechanical rooms;
         (F)   under sewer lines that are not shielded to intercept potential
drips;
         (G)   under leaking water lines, including leaking automatic fire
sprinkler heads, or under lines on which water has condensed;
         (H)   under open stairwells; or
         (I)   under other sources of contamination.
   (d)   Outside distribution of time/temperature control for safety food. A
food establishment that serves, sells, or distributes time/temperature control
for safety food outside the premises of a fixed facility must maintain the food
at a safe temperature.
   (e)   Outdoor bars.
      (1)   An outdoor bar is a food establishment that prepares and serves
only beverages at a location not completely housed inside a fixed facility.
      (2)   An outdoor bar is in compliance with Sections
17-3.1 and
17-3.2 if:
         (A)   the director finds that the outdoor bar will not result in a
health or safety hazard or nuisance; and
         (B)   the outdoor bar is either:
            (i)   limited to a single, fixed structure; or
            (ii)   meets the requirements of this chapter pertaining to a Class
II mobile food unit; and
         (C)   the outdoor bar complies with all other requirements of this
chapter.
      (3)   An outdoor bar in compliance with Section
17-3.2(e)(2)(B)(i) must:
         (A)   have overhead protection of a suitable material that:
            (i)   completely covers the food preparation area;
            (ii)   extends at least 18 inches beyond the edge of the service
counter; and
            (iii)   if the overhead protection extends to or beyond the edge of
a swimming pool, is guttered to prevent the drainage of rainwater into the
swimming pool;
         (B)   have service counters, walls, partitions, and doors constructed
and finished to impede the entrance of rodents;
         (C)   store and dispense utensils, single service articles, and bar
condiments and other unpackaged food only in containers with sealed, self-
closing doors;
         (D)   dispense ice only from automatic ice dispensers or from
containers with sealed, self- closing doors;
         (E)   provide only single service articles for use by the consumer;
and
         (F)   store food (including beverages), utensils, and single service
articles in cabinets that are sealed to adequately protect the stored items
from contamination by dust, water, insects, and rodents during the times the
outdoor bar is not open for business.
   (f)   Labeling of foods. Bulk, unpackaged foods that are apportioned to
consumers with the assistance of food establishment personnel, including bakery
products, need not be labeled if:
      (1)   a health or nutrient content claim, or other claim, is not made;
      (2)   the food is manufactured or prepared on the premises of the food
establishment that is owned by the same person and is licensed by the food
regulatory agency that has primary jurisdiction; and
      (3)   ingredients contained in the food, including potential allergens,
are provided to the consumer on request from a recipe book or by other means.
   (g)   Food transportation.
      (1)   Transportation. A food establishment that transports food shall:
         (A)   comply with the applicable requirements of Section
17-3.2(c) during the transportation of food;
         (B)   transport the food in a clean conveyance;
         (C)   protect food and utensils from contamination by completely
wrapping or packaging, except that foods in original individual packages do not
need to be overwrapped or covered if the original package is intact.
      (2)   Carryout food. A food establishment that prepares food for off
premises consumption shall place the food in a sack or closed container, or
wrap the food in a way that protects it from adulteration, unless:
         (A)   the food is served in an individual serving;
         (B)   the food is intended for immediate consumption; and
         (C)   it is impracticable to enclose or wrap the food (as illustrated
by, but not limited to, a serving of ice cream). (Ord. Nos. 26023; 30134;
32181)
ARTICLE IV.
EQUIPMENT, UTENSILS, AND LINENS.
SEC. 17-4.1.   ADOPTION OF SUBCHAPTER D, TEXAS FOOD ESTABLISHMENT RULES.
   Subchapter D [including Figure 1: 25 TAC § 228.101(c)(1) and Figure 2: 25
TAC § 228.111(n)(1)] of the Texas Food Establishment Rules is hereby adopted
and made a part of this chapter by reference, except that Section 228.109(c) is
not adopted. (Ord. Nos. 26023; 30134)
SEC. 17-4.2.   ADDITIONAL REQUIREMENTS.
   (a)   In addition to the requirements adopted in Section
17-4.1 of this chapter, the requirements contained in this section govern
equipment, utensils, and linens at food establishments.
   (b)   Clothes washer and dryer location requirements. If a mechanical
clothes washer or dryer is provided, it shall be located so that the washer or
dryer is protected from contamination and only where there is no exposed food;
clean equipment, utensils, and linens; and unwrapped single-service and single-
use articles. Laundry facilities may not be located in food handling areas.
   (c)   Maintenance of equipment. Equipment shall be maintained in a state of
repair and condition that:
      (1)   meets the requirements specified in Subsection 228.101(a) and
Section 228.102 of the Texas Food Establishment Rules; and
      (2)   enables the equipment to perform the function for which it is used,
intended, or designed. (Ord. Nos. 26023; 30134)
ARTICLE V.
WATER, PLUMBING, AND WASTE.
SEC. 17-5.1.   ADOPTION OF SUBCHAPTER E, TEXAS FOOD ESTABLISHMENT RULES.
   Subchapter E of the Texas Food Establishment Rules is hereby adopted and
made a part of this chapter by reference, except that Paragraphs 228.143(a)(1)
through (3) and Subsections 228.146(b) and Subsection 228.147(e) are not
adopted. (Ord. Nos. 26023; 30134)
SEC. 17-5.2.   ADDITIONAL REQUIREMENTS.
   (a)   In addition to the requirements adopted in Section
17-5.1 of this chapter, the requirements contained in this section govern
water, plumbing, and waste at food establishments.
   (b)   Hot water. Hot water generation and distribution systems must be
sufficient to meet the peak hot water demands throughout the food
establishment. Such systems must be of not less than 50-gallon water tank
capacity.
   (c)   Handwashing lavatory, water temperature, and flow.
      (1)   A handwashing lavatory must be equipped to provide water at a
temperature of at least 43 degrees Celsius (110 degrees Fahrenheit) through a
mixing valve or combination faucet.
      (2)   A steam-mixing valve may not be used at a handwashing lavatory.
      (3)   Self-closing, slow-closing, sensor-closing, or metering faucets are
prohibited in food preparation areas.
      (4)   For extensively remodeled food establishments, a handwashing
lavatory must be located within 25 linear feet of a food preparation area.
   (d)   Service sink. In new or extensively remodeled food establishments, at
least one free- standing, stainless steel service sink or one curbed cleaning
facility equipped with a floor drain must be provided and conveniently located
for the cleaning of mops or similar wet floor cleaning tools and for the
disposal of mop water and similar liquid waste.
   (e)   Grease traps/interceptors. For extensively remodeled food
establishments, and unless otherwise approved by the director, a food
establishment must locate grease traps/interceptors outside the food
establishment so that they are easily accessible for cleaning. Grease traps/
interceptors located inside the food establishment with the director's approval
must have a liquid-tight lid flush attached to the floor that prevents
contamination of food or equipment. (Ord. Nos. 26023; 30134)
ARTICLE VI.
PHYSICAL FACILITIES.
SEC. 17-6.1.   ADOPTION OF SUBCHAPTER F, TEXAS FOOD ESTABLISHMENT RULES.
   Subchapter F of the Texas Food Establishment Rules is hereby adopted and
made a part of this chapter by reference, except that Sections 228.172 and
228.173 are not adopted. (Ord. Nos. 26023; 30134)
SEC. 17-6.2.   ADDITIONAL REQUIREMENTS.
   (a)   In addition to the requirements adopted in Section
17-6.1 of this chapter, the requirements contained in this section govern the
physical facilities of food establishments.
   (b)   Outdoor areas, surface characteristics.
      (1)   Walking and driving areas. The outdoor walking and driving areas
must be:
         (A)   surfaced with concrete, asphalt, or gravel or other materials
that have been effectively treated to minimize dust, facilitate maintenance,
and prevent muddy conditions; and
         (B)   graded to prevent pooling.
      (2)   Exterior surfaces. Exterior surfaces of buildings and mobile food
units must be of weather-resistant materials and must comply with applicable
law.
      (3)   Storage areas. Outdoor storage areas for refuse, recyclables, or
returnables must be of materials specified under Subsections 228.155(a) through
(c) of the Texas Food Establishment Rules, which governs water, plumbing, and
waste. Only articles necessary for the operation and maintenance of a food
establishment and its exterior may be stored on the premises, but only when the
storage does not violate this chapter, other city ordinances, or other
applicable law.
   (c)   Floors, walls, and ceilings.
      (1)   A food establishment containing a food handling area, food
processing area, food preparation area, food storage area, equipment or utensil
washing area, walk-in refrigerating unit, dressing room, locker room, toilet
room, or vestibule shall:
         (A)   construct the walls (including nonsupporting partitions), and
wall covering in these areas of smooth, rigid, non-absorbent, and easily
cleanable material that is light in color and not easily torn or punctured,
such as fiberglass-reinforced plastic; except that walls in dry storage areas
may be finished with a light-colored, oil-based enamel paint that provides a
smooth surface;
         (B)   make the ceiling in these areas light in color and construct it
of smooth, non-absorbent, and easily cleanable material or of a lay-in type
acoustical material in T-type metal grids that can be easily replaced when the
material becomes soiled;
         (C)   prevent exposed construction in these areas, including but not
limited to the exposure of pipes, conduits, ductwork, studs, joists, and
rafters;
         (D)   prevent unnecessary exposure of utility service lines and pipes
on floors, walls, and ceilings in these areas, or if exposure is necessary
install them in a way that does not obstruct cleaning of floors, walls, and
ceilings;
         (E)   attach light fixtures, vent covers, wall-mounted fans,
decorative material, and similar equipment used in these areas, in a manner
that permits easy cleaning; and
         (F)   finish and seal concrete or pumice blocks used for interior wall
construction in these areas to provide an easily cleanable surface.
      (2)   Special requirements for floors. A food establishment shall:
         (A)    construct floors that are water flushed for cleaning, or that
receive discharges of liquid from equipment or pressure sprays, of sealed
concrete, terrazzo, ceramic tile, or similar material that is graded to a
properly installed trapped floor drain;
         (B)   cove and seal junctures between walls and floors in extensively
remodeled establishments and in other cases construct the junctures between
walls and floors so that the seam is not greater than 1/32 inch;
         (C)    use only mats and duckboards that are constructed of
nonabsorbent, grease resistant material of a size, design, and construction
that permits easy cleaning;
         (D)    not use duckboards as storage racks;
         (E)    not use floor carpeting in food preparation areas, food storage
areas, equipment and utensil washing areas, or toilet rooms; and
         (F)    not use sawdust, wood shavings, peanut hulls, or similar
material as a floor covering.
      (3)   Anti-slip floor covering may be used in areas where necessary for
safety. Floor carpeting may be used in areas not listed in Section
17-6.2(c)(2)(E) if it is of closely woven construction, properly installed,
easily cleanable and in good repair.
   (d)   Location of certain equipment. For extensively remodeled food
establishments, a food establishment must:
      (1)   locate equipment used for a work surface on which food is prepared
(e.g., a meat or vegetable cutting block or bakers table) within five feet of a
floor drain so that it may be properly cleaned;
      (2)   maintain unobstructed aisles between equipment of a width
sufficient to permit passage without a likelihood of causing adulteration of
food;
      (3)   position all readily movable storage equipment, including pallets,
racks, and dollies, to provide accessibility to working areas;
      (4)   locate an ice machine, if any, inside a food service or food
preparation area; and
      (5)   not locate equipment, including ice makers and ice storage
equipment, under exposed or unprotected sewer lines or water lines, open
stairwells, or near other sources of contamination, excluding automatic fire
protection sprinkler heads.
   (e)   Auxiliary equipment for extensively remodeled food establishments.
      (1)    Except as otherwise provided in this subsection, a food
establishment may not locate non-food service equipment (e.g., water heaters,
laundry machines, remote connected refrigerator compressors, or air
conditioners) inside a food preparation area unless otherwise authorized or
required by law.
      (2)   If a water heater is authorized or required to be located inside a
food handling area, it must be enclosed with walls or partitions constructed of
rigid, smooth, non-absorbent, easily-cleanable materials.
      (3)   If a food establishment uses mechanical laundry equipment, the food
establishment must locate the equipment in a separate room with self-closing,
solid doors that fit tightly at each entrance. (Ord. Nos. 26023; 30134; 32181)
ARTICLE VII.
POISONOUS OR TOXIC MATERIALS.
SEC. 17-7.1.   ADOPTION OF SUBCHAPTER G, TEXAS FOOD ESTABLISHMENT RULES.
   Subchapter G of the Texas Food Establishment Rules is hereby adopted and
made a part of this chapter by reference. (Ord. Nos. 26023; 30134)
SEC. 17-7.2.   ADDITIONAL REQUIREMENTS.
   Reserved. (Ord. 26023)
ARTICLE VIII.
MOBILE FOOD UNITS.
SEC. 17-8.1.   ADOPTION OF SECTION 228.221, TEXAS FOOD ESTABLISHMENT RULES.
   Section 228.221 of the Texas Food Establishment Rules is hereby adopted and
made a part of this chapter by reference, except that Subsections 228.221(a),
(b), and (c)(2), are not adopted. (Ord. Nos. 26023; 28488; 30134; 32181)
SEC. 17-8.2.   ADDITIONAL REQUIREMENTS.
   (a)   In general. In addition to the requirements adopted in Section
17-8.1  of this chapter, the requirements contained in this section govern
mobile food units.
   (b)   Categories of mobile food units . Mobile food units in the city are
divided into the following categories:
      (1)   Class I. A Class I mobile food unit is a mobile food unit from
which only the following foods and beverages are served, sold, or distributed:
         (A)   Food that is prewrapped, bottled, or otherwise labeled and
packaged in individual servings.
         (B)   Beverages that are not time/ temperature control for safety and
are dispensed from covered urns or other protected equipment.
         (C)   Raw, uncut vegetables and fruits.
      (2)   Class II. Any mobile food unit that is not a Class I, Class III, or
Class IV mobile food unit is a Class II mobile food unit.
      (3)   Class III. A Class III mobile food unit is a mobile food
preparation trailer meant to be pulled to locations that complies with the
construction and operation standards for operating a mobile unit used for
cooking, keeping, storing, or warming food or beverages.
      (4)   Class IV. A Class IV mobile food unit is an operational, motorized
mobile food preparation vehicle in which food is cooked, wrapped, packaged,
processed, or portioned for service, sale, or distribution.
   (c)   Vehicles.
      (1)   A food establishment that uses a vehicle in the operation of a
mobile food unit shall:
         (A)   identify the vehicle with characters three inches high on both
exterior sides of the vehicle stating the following:
            (i)   the name of the food establishment;
            (ii)   a brief description of the nature of the business if not
included in the name; and
            (iii)   the permit number of the vehicle;
         (B)   secure an inspection of the vehicle by the director on the date
designated by the director;
         (C)   maintain the vehicle in a clean, undamaged condition, both
inside and outside, and in good working order;
         (D)   keep the permit or a copy of the permit on the vehicle at all
times;
         (E)   keep proof of minimum vehicle insurance that is issued in at
least six month increments;
         (F)   display on the vehicle current license plates and a current
vehicle safety inspection sticker issued by the State of Texas, when required
by state law; and
         (G)   not equip the vehicle with any sound amplification device that,
when operated, violates Section
30-2 of this code.
      (2)   In addition to other vehicle requirements of Section
17-8.2(c), a mobile food preparation vehicle must:
         (A)   be equipped with four-way hazard lights; and
         (B)   in addition to the left and right outside rearview mirrors, be
equipped with two outside wide-angle mirrors, one located on the front of the
vehicle and one located on the rear of the vehicle.
      (3)   In addition to other vehicle requirements of Section
17-8.2(c), a Class II mobile food unit must:
         (A)   be constructed of 18 gauge stainless steel (equivalent to .05
inches durable stainless steel);
         (B)   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);
         (C)   have the bottom of the food service or storage unit at least six
inches above the ground;
         (D)   be equipped with an electrical oven or refrigeration system to
maintain proper food temperature; and
         (E)   not contain a grill or fryer.
      (4)   In addition to other vehicle requirements of Section
17-8.2(c), a Class I mobile food unit must not exceed three feet in length, two
feet in width (exclusive of wheels), or two feet in height (exclusive of
wheels), except for frozen dessert stationary pushcarts, which must not exceed
six feet in length, three feet in width (exclusive of wheels), or four feet in
height (exclusive of wheels).
   (d)   Site of operation of Class II units.
      (1)   All food products, supplies, and equipment necessary for the
operation of a pushcart must be contained on the vehicle or at a permitted
facility.
      (2)   Slicing, dicing, and chopping of vegetables and other food items
are prohibited.
      (3)   No cooking, including but not limited to grilling, baking, and
frying, is allowed on a pushcart. Only the reheating of cooked food by boiling
or steaming is allowed.
      (4)   An operator of a pushcart must have access to restroom facilities
during the hours the pushcart is in operation.
      (5)   The fixed site from which a pushcart is operated must have a valid
food establishment permit issued under Article X of this chapter, unless
otherwise approved by the director.
   (e)   Food served or distributed from a mobile food unit. A person may not
serve or distribute from a mobile food unit any food not specified in the food
establishment permit issued under Article X of this chapter.
   (f)   Ice.
      (1)   Ice used in a beverage served by either a Class I, Class II, Class
III, or Class IV mobile food unit must be:
         (A)   from an approved source;
         (B)   stored in a stainless steel container that:
            (i)   is covered;
            (ii)   is not installed above food equipment or food contact
surfaces; and
            (iii)   drains into the mobile food unit's liquid waste retention
tank; and
         (C)   dispensed with an approved scoop by an employee of the mobile
food unit or from automatic self-service ice dispensing equipment.
      (2)   All ice used to keep food cold must be drained into the mobile food
unit's liquid waste retention tank and properly disposed of at the mobile food
unit's designated commissary or servicing area.
   (g)   Central preparation facility or commissary.
      (1)   Supplies, cleaning, and servicing operations. 
         (A)   Except as provided in this paragraph, a mobile food unit must
operate from a central preparation area, commissary, or other fixed food
establishment and must report to the location for supplies and for cleaning and
servicing operations at the end of each day. Pushcarts must be stored at the
commissary location when not in operation.
         (B)   A mobile food unit may report to the central preparation area,
commissary, or other fixed food establishment for supplies, cleaning, and
servicing operations at least once a week if the following conditions are met:
            (i)   the mobile food unit operator shall apply for a variance on a
form provided by the director and shall include with the application all of the
information required by Section
17-10.2(s) to be able to return to the commissary once per week;
            (ii)   the mobile food unit is enclosed and complies with the
health and safety standards of a fixed food establishment;
            (iii)   all cleaning supplies must be disposable and discarded at
the end of each operating day;
            (iv)   the mobile food unit operator shall demonstrate that
sanitary on-site servicing of the mobile food unit's potable water and
wastewater systems are being conducted;
            (v)   the mobile food unit operator must provide proof of weekly
on-site servicing by a licensed-permitted liquid waste transport vehicle,
otherwise known as a vacuum truck, for the removal and disposal of liquid waste
resulting from the mobile food unit and weekly commissary visits. The mobile
food unit operator shall keep and maintain servicing records on the mobile food
unit for a period of one year from the date of servicing. The servicing records
must be immediately available to the director or a peace officer upon request
for inspection and copying at the mobile food unit during the mobile food
unit's hours of operation;
            (vi)   the commissary from which a mobile food unit operates shall
issue and maintain servicing records for each mobile food unit in a manner and
form prescribed by the director. The permit holder, person in charge, employee,
or representative of any commissary shall keep and maintain servicing records
at the commissary for a period of two years from the date of servicing or until
retrieved by the director, whichever comes first. Servicing records maintained
at the commissary must be made immediately available to the director or a peace
officer upon request for inspection and copying during normal business hours;
            (vii)   servicing operations may be performed by the commissary
operator or by the mobile food unit operator. The commissary operator must
provide resources at the commissary for proper servicing. The mobile food unit
operator shall confirm that the requirements of this section are fulfilled
prior to resuming operations.
      (2)   It shall be unlawful for an owner, permit holder, person in charge,
employee, or representative of any commissary to issue a servicing record
without first verifying that the mobile unit has complied with all servicing
requirements. It shall be unlawful for any owner, permit holder, person in
charge, employee, or representative of any commissary or mobile food unit to
knowingly present or issue any false, fraudulent, or untruthful servicing
record for the purpose of demonstrating compliance with this subsection.
      (3)   The director may promulgate rules and procedures regarding
maintenance of the servicing records by the commissaries and mobile food units.
The director may require the use of electronic or other technology to
facilitate or monitor compliance with the requirements of this chapter.
      (4)   Construction. The central preparation facility, commissary, or
other fixed food service establishment, used as a base of operation for a
mobile food establishment, must be constructed and operated in compliance with
this chapter.
   (h)   Operating requirements for mobile food units.
      (1)   General operating requirements for mobile food units. A food unit
that serves, sells, or distributes any food or beverage from a mobile food unit
shall comply with the following operating requirements:
         (A)   Any person operating a motor vehicle as a mobile food unit must
have a current driver's license. The permit holder must ensure that their
vehicle drivers have a valid driver's license.
         (B)   Garbage storage containers must be maintained on each mobile
food unit in a number sufficient to contain all trash and garbage generated by
the unit. Every garbage container must have a tight-fitting lid. Before a
mobile food unit leaves a vending site, all trash and garbage must be removed
from the site. Excessive trash and garbage may not be allowed to accumulate
inside or around the mobile food unit. All trash and garbage must be disposed
of in an approved garbage receptacle.
      (2)   Class III and Class IV mobile food units. In addition to other
operating requirements of Section
17-8.2 (h), a food establishment that serves, sells, or distributes any food or
beverage from a Class III and Class IV mobile food unit must comply with the
following requirements.
         (A)   A Class III and Class IV mobile food unit must have written
authorization from the owner or person in control of each premises from which
the Class III and Class IV mobile food unit will sell or serve food. The
authorization must include the specific dates and times during which the Class
III and Class IV mobile food unit is authorized to be present on the premises.
A separate written agreement granting permission to use the toilet facilities
and garbage receptacles must be obtained from the owner or person in control of
the premises on which the Class III and Class IV mobile food unit will sell or
serve food or from the owner or person in control of a nearby premises. Toilet
facilities may not be located more than 600 feet from the Class III and Class
IV mobile food unit and must be accessible during all times that the Class III
and Class IV mobile food unit is present on the premises. A current copy of
each authorization must be maintained on file with the director and also in the
vehicle for inspection by the director or a peace officer upon request.
         (B)   Before a permit is issued or renewed to a Class III and Class IV
mobile food unit under this chapter, an itinerary for the Class III and Class
IV mobile food unit must be filed with the director. The director must be given
written notice at least two business days before implementation of any changes
to the filed itinerary. The itinerary must include:
            (i)   the address of each premises to be serviced and the name and
telephone number of the owner or person in control of those premises;
            (ii)   the scheduled times of arrival at and departure from each
premises to be serviced, which times must be accurate to within 30 minutes; and
            (iii)   a description of the food to be sold or served at each
premises.
         (C)   No cooking may be conducted while the unit is in motion.
         (D)   All cooking equipment and hot holding units must be located at
the rear of a mobile food preparation unit. All cooking equipment must be
properly vented. An approved automatic fire extinguishing system must be
provided over cooking surfaces that require exhaust ventilation. Covers with
secure latches for deep fryers, steam tables, and similar equipment must be
provided and installed while the unit is in motion.
         (E)   A Class III and Class IV mobile food unit must:
            (i)   be operated only in a location where such operation is
allowed by the Dallas Development Code;
            (ii)   not sell or serve food on any public street, sidewalk, or
other public right-of-way;
            (iii)   park only on an improved surface to sell or serve food;
            (iv)   not stop or remain at any location to sell or serve food
during any time other than the dates and times specified in:
               (aa)   the current itinerary on file with the director for the
Class III and Class IV mobile food unit; and
               (bb)   the current authorization agreement on file with the
director for the use of the premises to sell or serve food;
            (v)   be parked overnight (for at least five consecutive hours)
only at its commissary or at another location approved by the director that
does not violate any applicable city ordinance or state or federal law;
            (vi)   not utilize or park in any off-street parking spaces
required of the premise that authorizes the mobile food unit to sell or serve
food;
            (vii)   comply with all applicable zoning, noise, and smoke
regulations in the Dallas Development Code;
            (viii)   not have any external operational support equipment on the
property including but not limited to tables, chairs, tents, over head
coverings, refrigeration, freezers, generators, or dry storage units. All
operations must be contained within the mobile food unit; or
            (ix)   have signs displayed only on the mobile food unit and the
signs may not extend beyond the length, width, or height of the mobile food
unit.
         (F)   It is a defense to prosecution under Section
17-8.2(h)(2)(F) that a Class III and Class IV mobile food unit was being
operated in compliance with all terms and conditions of a valid special event
permit issued by the city.
   (i)    Structural requirements for a Class II, Class III, or Class IV mobile
food unit.
      (1)   A Class II, Class III, or Class IV mobile food unit must have a
potable water system under pressure that:
         (A)   is equipped with a permanently installed water supply tank of
sufficient capacity to furnish enough hot and cold water for food preparation,
utensil cleaning and sanitizing, and handwashing; the potable water supply tank
must have a minimum capacity of:
            (i)   five gallons for a Class II mobile food unit; and
            (ii)   30 gallons for a Class III and Class IV mobile food unit;
         (B)   is equipped with a water inlet that is:
            (i)   located where it will not be contaminated by waste discharge,
road dust, oil, or grease; and
            (ii)   provided with a connection of a size or type that will
prevent its use for any other service;
         (C)   is constructed and installed in accordance with the Rules on
Food Service Sanitation, as adopted and amended by the Texas Department of
State Health Services, which include National Sanitation Foundation standards,
Underwriter Laboratory standards, and equivalent standards;
         (D)   is equipped with a propane tank installed in accordance with
applicable fire department regulations pursuant to a valid liquid propane gas
(LPG) permit issued by the fire department;
         (E)   is equipped with a water heater, if the vehicle or trailer is a
Class III and Class IV mobile food unit the water heater must be capable of
heating water to at least 110 degrees Fahrenheit, and any tank of the water
heater must have a minimum capacity of three gallons; and
         (F)   provides a minimum water pressure of one gallon per minute.
      (2)   In lieu of the potable water system under pressure required in
Section
17-8.2(i)(1), a Class II mobile food unit may have a potable water system that
is gravity fed with a mixing faucet if the water tanks:
         (A)   are vented for escape or intake of air of sufficient volume to
allow for water flow, and the vent openings are protected;
         (B)   have a smooth interior with no recesses and crevices; and
         (C)   have a combined water capacity of not less than five gallons.
      (3)   If liquid waste results from the operation of a Class II, Class
III, or Class IV mobile food unit, the unit must have a liquid waste retention
system that is:
         (A)   equipped with a permanently installed retention tank of at least
50 percent larger capacity than the potable water supply tank;
         (B)   equipped with servicing connections that are:
            (i)   located lower than the water inlet to prevent contamination
of the potable water system; and
            (ii)   of a different size or type than the connection used for
supplying potable water to the unit; and
         (C)   properly sloped to drain and collect all potential liquid waste.
      (4)   In addition to other structural requirements of Section
17-8.2(i), a Class III or Class IV mobile food unit must meet the following
requirements:
         (A)   Floors must be constructed of durable, easily cleanable
material, including, but not limited to, anodized aluminum, stainless steel, or
tile. All junctures must be properly sealed. All service lines and pipes must
be installed off the floor to allow for easy cleaning.
         (B)   Walls must be durable, easily cleanable, nonabsorbent, and light
in color. Minimum wall covering materials include, but are not limited to,
aluminum or fiberglass-reinforced paneling. Walls at vent hood and grill areas
must be covered with stainless steel panels. Wall covering must be installed to
cover the entire height of each wall. Studs and utility lines may not be
unnecessarily exposed on the wall or prevent cleaning.
         (C)   Ceilings must be light in color, nonabsorbent, and easily
cleanable. The height over the aisle-way portion of the vehicle must be at
least 74 inches and unobstructed. Joists and rafters may not be exposed.
         (D)   The cab of the vehicle must be physically separated from the
food preparation area, and the seats designated for the cook and any passengers
must be located outside of the food preparation area. Aisle space must be
unobstructed and at least 30 inches wide.
         (E)   Construction joints must be tightly fitted and sealed with no
gaps or voids, and all sealant, solder, and weld joints located in the food
contact areas must be smooth and approved for food contact surfaces.
         (F)   The vehicle or trailer must be equipped with a built-in hose
that may be used to wash the interior of the vehicle.
         (G)   All equipment and utensils must meet or exceed the standards
published by the National Sanitation Foundation (NSF).
         (H)   All equipment must be placed, installed, stored, and secured on
the vehicle or trailer in a manner that allows for thorough cleaning and
sanitizing around the equipment and prevents movement of the equipment when the
vehicle or trailer is in motion. Counter-mounted equipment must be sealed
directly to the countertop or securely installed to provide a four-inch
clearance under the equipment. Floor-mounted equipment must be sealed directly
to the floor or securely installed to provide a six-inch clearance under the
equipment.
         (I)   The vehicle or trailer must be equipped with a stainless steel,
three-compartment sink, with each compartment measuring at least 12 inches
long, 12 inches wide, and 10 inches deep, to be used for warewashing. The sink
must be equipped with:
            (i)   a mixing faucet with a swivel spigot capable of servicing all
sink compartments; and
            (ii)   an integral stainless steel drainboard at least 12 inches
long, which must be installed with a minimum one-half inch lip or rim to
prevent the draining liquid from spilling onto the floor.
         (J)   The vehicle or trailer must be equipped with a stainless steel
sink measuring at least nine inches long, nine inches wide, and four inches
deep to be used for handwashing. The sink must be:
            (i)   located in an area that is fully accessible and at counter
level;
            (ii)   separated from the warewashing sink by a metal splashguard
at least six inches high; and
            (iii)   equipped with a soap dispenser and paper towel dispenser.
         (K)   The vehicle or trailer must contain at least 20 inches of linear
counter space for each piece of food equipment. Additional counter space must
be provided that is sufficient to allow for safe food preparation.
         (L)   The vehicle or trailer must contain at least 15 cubic feet of
storage space for dry food and utensil storage. No food or utensil storage is
allowed in any plumbing compartment.
         (M)   The vehicle or trailer must be equipped with mechanical
refrigeration equipment if time/temperature control for safety food is stored,
prepared, or served on the vehicle. The mechanical refrigeration equipment must
have at least 15 cubic feet of usable storage space and be capable of ensuring
proper food temperature control during transportation and operation.
         (N)   Outer openings of the vehicle or trailer, including but not
limited to service windows, doors, pop-up vents, and sunroofs, must be insect
and rodent proof and meet the following requirements:
            (i)   Screens must be tightly fitted and in good repair, with a
maximum of 16 mesh per square inch.
            (ii)   Service windows must not be larger than 216 square inches.
The distance between two service windows must not be less than 18 inches. Each
service window must have an overhead protection cover extending at least 12
inches from the vehicle.
            (iii)   Entrance doors and service windows to the food preparation
area must be self-closing and must be kept closed when not in use.
         (O)   The vehicle or trailer must be equipped with a power source,
approved by the director, that is capable of handling the power demands of the
vehicle or trailer and equipment while the vehicle or trailer is stopped or in
motion. The power source must be permanently installed in an area that is
completely separated from food preparation and food storage areas and must be
accessible for proper cleaning and maintenance.
         (P)   Light bulbs and tubes must be covered and completely enclosed in
plastic safety shields or the equivalent.
      (5)   A food establishment may not serve, sell, or distribute any food or
beverage from a Class II, Class III, or Class IV mobile food unit that does not
comply with the requirements of Section
17-8.2(i).
   (j)   Servicing requirements for a Class II, Class III, or Class IV mobile
food unit.
      (1)   A food establishment that serves, sells, or distributes any food or
beverage from a Class II, Class III, or Class IV mobile food unit shall comply
with the following regulations:
         (A)   Servicing area. The food establishment shall provide a servicing
area where every Class II, Class III, or Class IV mobile food unit must report
at least once daily for servicing operations. The servicing area must include:
            (i)   overhead protection for any supplying, cleaning, or servicing
operation;
            (ii)   a location for the flushing and draining of liquid waste
separate from the location provided for water service and the loading and
unloading of food and related supplies; and
            (iii)   a surface constructed of a smooth nonabsorbent material,
including, but not limited to, concrete or machine-laid asphalt, that is
maintained in good repair, kept clean, and graded to drain.
         (B)   Servicing methods and equipment.
            (i)   Potable water servicing equipment must be installed according
to all applicable city ordinances and state and federal law and stored and
handled in a way that protects the water and equipment from contamination.
            (ii)   The liquid waste retention tank for a Class II, Class III,
or Class IV mobile food unit must be thoroughly flushed and drained during the
servicing operation.
            (iii)   All liquid waste must be discharged to a sanitary sewerage
disposal system constructed and operated according to all applicable city
ordinances and state and federal law.
            (iv)   Liquid waste may not be discharged from a Class II, Class
III, or Class IV mobile food unit while it is in motion.
         (C)   Site cleanup. A service site must be left in a clean, waste-free
condition.
         (D)   Food preparation and service. Food may not be prepared or served
while the vehicle is in motion or in an area that exposes any person present to
a health or safety hazard.
      (2)   A food establishment may not serve, sell, or distribute any food or
beverage from a Class II, Class III, or Class IV mobile food unit if the food
establishment does not supply, clean, or service the Class II, Class III, or
Class IV mobile food unit in accordance with Section
17-8.2(j).
   (k)   Annual food permit eligibility. A mobile food unit is eligible for an
annual food permit if the mobile food unit complies with all the construction
standards for its classification. (Ord. Nos. 26023; 28220; 28488; 30134; 30653;
32181)
ARTICLE IX.
TEMPORARY FOOD ESTABLISHMENTS AND CATERING SERVICES.
SEC. 17-9.1.   ELECTION NOT TO ADOPT SECTION 228.222, TEXAS FOOD ESTABLISHMENT
RULES.
   Section 228.222 of the Texas Food Establishment Rules is not adopted. (Ord.
Nos. 26023; 30134, eff. 7-1-16)
SEC. 17-9.2.   REQUIREMENTS FOR TEMPORARY FOOD ESTABLISHMENTS.
   (a)   Authority. The director shall issue a permit, in accordance with
applicable food establishment permit and fee requirements set forth in Article
X, to a temporary food service establishment if the:
      (1)   director finds that the operation will not result in a health or
safety hazard or a nuisance;
      (2)   operation is limited to a single, fixed location, which may include
one or more facilities at the location;
      (3)   establishment submits proof to the director that it has obtained
all city, state, and federal permits and authorizations necessary to conduct a
temporary food service operation, including, but not limited to the following:
         (A)   A vendor must submit a copy of:
            (i)   its current local health permit and a copy of its last health
inspection from the local health department where the vendor is located or, if
the vendor does not have its own licensed kitchen, then the vendor shall
provide a permission letter from the owner of the kitchen where the food items
will be prepared; and
            (ii)   an invitation or similar document from the event organizer
granting the vendor permission to participate in the event; and
         (B)   a food manufacturer must submit a copy of its state
manufacturer's license;
      (4)   establishment and its location comply with all requirements of this
chapter, the Dallas Development Code, and any other applicable city ordinance
or state or federal law; and
      (5)   completed application for the permit to operate a temporary food
service establishment is received by the director at least five business days
before the scheduled commencement of the activity or event for which the permit
is issued.
   (a-1)   Food booths. A permit issued under this section is valid for up to
five food booths. This permit is in addition to any other requirement in this
chapter, including Section 17-10.2, "Temporary Food Service Fee," of this
chapter, as amended.
   (b)   Exception. A permit is not required for a temporary food service
establishment that does not serve time/temperature control for safety food and
the weekly gross income of which does not exceed $100.
   (c)   Limit on permits issued for same premises or address. No more than one
temporary food service establishment permit may be issued within any calendar
quarter for the same premises or street address, even if the permits are issued
to different temporary food service establishments. This subsection does not
apply if the permit is issued in conjunction with an activity or event
described in Section
17-1.5 (b)(16)(A)(i), (ii), (iii), (iv), (v), or (vii) of this chapter.
   (d)   Expiration. A temporary food service establishment permit expires:
      (1)   upon expiration of a special event permit, plaza event permit,
neighborhood farmers market permit, or other written authorization of the city
issued in conjunction with the temporary food service establishment permit for
an activity or event described in Section 17-1.5(b)(16)(A)(i), (ii), (iii),
(iv), or (vii) of this chapter;
      (2)   upon expiration of a concession agreement executed by the city in
conjunction with the temporary food service establishment permit for an
activity or event on property owned or operated by the city; or
      (3)   14 days after the issuance of a temporary food service
establishment permit for an activity or event described in Section
17-1.5(b)(16)(A)(v) or (vi) of this chapter or upon termination of the activity
or event, whichever occurs first.
   (e)   Food and ice preparation and service. A temporary food establishment
required to be permitted under this chapter shall not:
      (1)   prepare, serve, sell, or distribute more than six time/temperature
control for safety menu items within a permitted booth, unless otherwise
approved by the director;
      (2)   prepare, serve, sell, or distribute any food not approved in
advance by the director;
      (3)   prepare time/temperature control for safety food, except that an
establishment may prepare time/temperature control for safety food that is
approved in advance by the director and does not require substantial
preparation prior to consumption (including, but not limited to, pre-formed
hamburgers, beef fajitas, sausages, hotdogs, and frankfurters) or may provide
time/temperature control for safety food that is:
         (A)   obtained by the establishment in precooked, individual servings;
         (B)   stored at a temperature of:
            (i)   41° F. (5° C.) or below using mechanical refrigeration (ice
chests are not allowed for maintaining cold temperatures); or
            (ii)   135° F. (57° C.) or above using mechanical holding units in
each booth to ensure the proper temperature is maintained (canned heat or
Sterno is not allowed for maintaining hot temperatures outdoors); and
         (C)   served to a consumer in the container in which it was originally
packaged;
      (4)   prepare, serve, sell, or distribute raw seafood or poultry, except
when the product is:
         (A)   pre-cut, breaded, and frozen and ready to be directly placed
from the freezer into a fryer; or
         (B)   precooked;
      (5)   allow open and unprotected displays of food (when using chafing
dishes, only hinged lid dishes are allowed so that at least half of the food
remains covered at all times);
      (6)   permit consumption of ice or contact of ice with food unless the
ice is:
         (A)   obtained from a source that is approved as safe by the director;
         (B)   in chipped, crushed, or cubed form;
         (C)   obtained in single-use plastic or wet-strength paper bags that
are sealed by the manufacturer and unopened until used by the establishment;
and
         (D)   dispensed from a container that is continuously drained into a
waste receptacle approved by the director;
      (7)   store food in contact with water or undrained ice, except that wet
storage of a beverage in a pressurized container is permitted if the water
used:
         (A)   contains not less than 50 mg/l of available chlorine; and
         (B)   is maintained in a clean condition; or
      (8)   use water from a source that is not approved as safe by the
director.
   (f)   Operational requirements. An establishment operating under authority
of this article shall comply with all of the following requirements:
      (1)   Limit the booth size to a maximum 15 x 15 square foot space, unless
the event planner provides fixed structures as temporary booths, or as
otherwise approved by the director.
      (2)   Protect each food and food-contact surface from contamination,
including, but not limited to, complying with the following requirements:
         (A)   All condiments, including, but not limited to, onions, relish,
peppers, catsup, and mustard, that are available for customer self-service must
be available in individual packets or from an approved dispenser.
         (B)   All foods, food containers, utensils, napkins, straws, and other
single service articles must be stored at least six inches off the floor and
adequately protected from splash, dust, insects, weather, and other
contamination.
         (C)   When self-service ice dispensers are not used, ice scoops are
required.
         (D)   Effective hair restraints (such as nets and caps) are required
in food preparation and service areas. Food, beverage, and tobacco consumption
is prohibited inside food booths, food preparation areas, and food service
areas. Gum chewing is prohibited in food preparation and food service areas.
         (E)   Food handling personnel must wash their hands as frequently as
necessary to maintain clean hands, even if disposable gloves are used. Nails
must be closely trimmed and maintained. Long fingernails (natural, sculptured,
etc.) or chipped nail polish is prohibited.
         (F)   Animals may not be located within 50 feet of a temporary food
establishment or food service area.
      (3)   Install equipment in a way that permits cleaning and sanitizing and
that is not likely to cause adulteration of food, including, but not limited
to, complying with the following requirements:
         (A)   A container of soapy water solution must be provided for washing
dirty utensils. This is for emergency use only.
         (B)   A sanitizer solution must be provided to sanitize clean utensils
and equipment. The required residual of 50-100 ppm chlorine may be obtained by
placing one tablespoon of bleach in one gallon of water for the sanitizer.
Other approved sanitizers may be used. Test papers must be provided to ensure
that proper sanitizer concentration is achieved. All utensils must be taken to
a commissary location daily to be properly washed, rinsed, and sanitized.
         (C)   Wastewater (including but not limited to wastewater from
handwashing, utensil washing, sinks, and steam tables) must be placed in an
approved container until properly disposed. All wastewater must then be
disposed of into a sanitary sewer system or in a manner that is consistent with
federal, state, and local regulations and requirements relating to liquid waste
disposal.
      (4)   Provide hot and cold running water, under pressure, in a quantity
sufficient to maintain personal hygiene of employees and the cleanliness and
sanitation of the establishment, except that cold running water that is not
under pressure may be used when the establishment will be in operation for
fewer than four consecutive calendar days.
      (5)   Provide a convenient handwashing facility with soap and individual
paper towels for persons preparing and serving food, including, but not limited
to, complying with the following requirements:
         (A)   The handwashing facility must have at least a 5-gallon container
with a spigot that provides free flowing water.
         (B)   The handwashing facility must have a catch bucket to collect
wastewater from hand washing.
      (6)   Comply with federal, state, and local regulations and requirements
relating to liquid waste disposal.
      (7)   Use only equipment and utensils that meet the standards set forth
in Article IV of this chapter, if the establishment will be in operation for
four or more consecutive calendar days.
      (8)   Use only equipment approved by the director if time/temperature
control for safety foods will be served by the establishment.
      (9)   Maintain a full-time, on-site food service manager who is currently
registered under Article II of this chapter if the establishment will be in
operation for four or more consecutive calendar days, except that multiple
establishments under the same ownership and management that are operating at
the same activity or event may use the same full-time, on-site food service
manager.
      (10)   A state approved food handler training class shall be required for
all food handlers that take part in a temporary event that exceeds 14
consecutive calendar days in length. Proof of course completion must be
provided to the director upon request.
      (11)   A temporary event that exceeds four hours, is granted a variance
under this chapter, or where special food handling and preparation processes
are requested, will be required to have one or more food inspector(s) on site,
for a maximum of eight hours each day, at the expense of the event planner.
There is no fee for the first four hours and a non-refundable fee of $57 per
hour will be assessed to the event planner for every hour over four hours that
the event is operational including set-up time.
   (g)   Design and structural requirements. The design and structural material
of a facility that houses a temporary food service establishment must be
approved by the director. Each facility must:
      (1)   be enclosed by barriers at least 32 inches high that prevent
customers from entering food preparation areas;
      (2)   have a serving counter with a depth of at least 12 inches;
      (3)   have floors constructed of concrete, asphalt, tight-fitting wood,
or other similar, easily cleanable material kept in good repair;
      (4)   if the temporary food service establishment is outdoors, have over
every food preparation and serving area a fire resistant overhead covering that
protects the interior of the facility from the weather; and
      (5)   comply with all design and structural standards that may be
established by the director for temporary food service establishments. (Ord.
Nos. 26023; 26556; 28046; 30134; 30653)
SEC. 17-9.3.   REQUIREMENTS FOR CATERING SERVICES.
   (a)   Affiliation with permitted food establishment required. A person shall
not engage in a catering service unless the service is affiliated with a food
establishment operating from a fixed facility that is permitted under
Article X of this chapter.
   (b)   Food preparation. A catering service may prepare food at the service
site. If food requires substantial preparation in addition to cooking at the
service site, a catering service shall not serve the food requiring additional
preparation unless approved as safe by the director.
   (c)   Operational requirements. A catering service shall:
      (1)   notify the director in writing four days in advance of serving to a
group of 500 or more people, stating the location, time, and menu of the
service;
      (2)   take necessary steps to provide facilities and supplies for
maintenance of personal hygiene (including, but not limited to, potable water,
soap, and towels) for employees at the service site;
      (3)   provide refuse containers at the service site that permit disposal
of refuse in a way that does not result in a health or safety hazard;
      (4)   leave a service site in a clean, waste-free condition; and
      (5)   not prepare or serve food in an area that exposes any person
present to a health or safety hazard.
   (d)   Duration of service at same site. A catering service shall not serve
at the same service site on more than two successive days unless the catering
service complies with additional requirements as the director determines are
necessary to protect the public health and safety at the service site.
   (e)   Vehicles. A food establishment that uses a vehicle in the operation of
a catering service shall:
      (1)   identify the vehicle with characters three inches high on both
exterior sides of the vehicle stating the following:
         (A)   the name of the food establishment;
         (B)   a brief description of the nature of the business if not
included in the name; and
         (C)   the permit number of the vehicle;
      (2)   secure an inspection of the vehicle by the director on the date
designated by the director;
      (3)   maintain the vehicle in a clean condition;
      (4)   keep the permit or a copy of the permit on the vehicle at all
times; and
      (5)   not equip the vehicle with any sound amplification device that,
when operated, violates Section
30-2(k) of this code. (Ord. 26023)
ARTICLE X.
COMPLIANCE AND ENFORCEMENT.
SEC. 17-10.1.   ADOPTION OF SUBCHAPTER I, TEXAS FOOD ESTABLISHMENT RULES.
   Subchapter I of the Texas Food Establishment Rules is hereby adopted and
made a part of this chapter by reference, except that Figure 1: 25 TAC §
228.251(f) is not adopted. (Ord. Nos. 26023; 30134)
SEC. 17-10.2.   ADDITIONAL REQUIREMENTS.
   (a)   In addition to the requirements adopted in Section
17-10.1 of this chapter, the requirements contained in this section govern
compliance and enforcement of this chapter.
   (b)   Documenting information and observations on inspection of food
establishments. The director shall document administrative information about a
food establishment’s legal identity and all other findings and observations on
the inspection report form. A copy of the inspection report must be furnished
to the owner or person in charge, which constitutes written notice of any
violation of this chapter. The inspection report must summarize the
inspectional findings and must set forth a demerit point value for each
classification of inspection items. A food establishment shall provide a copy
of the most recent inspection report to any customer or potential customer upon
request.
   (c)   Permits.
      (1)   Requisite. A person shall not operate a food establishment inside
the city without a permit issued by the director. A separate permit is required
for:
         (A)   each establishment that is under a separate ownership;
         (B)   each separate and distinct fixed facility from which an
establishment operates;
         (C)   each vehicle used to operate a catering service; and
         (D)   each mobile food unit.
      (2)   Facilities that are not separate and distinct. For purposes of this
article, the following facilities are not considered separate and distinct if
they are in the same building and under the same ownership and same management:
         (A)   A restaurant and a bar that is:
            (i)   either located within the restaurant or adjacent to the
restaurant; and
            (ii)   preparing beverages for service in the restaurant.
         (B)   A holding kitchen for a banquet room and a main kitchen
preparing food for service in the banquet room.
         (C)   A main kitchen and any food service area for which the main
kitchen prepares food.
      (3)   Common areas. If several separate and distinct facilities in the
same building or at the same fixed location share common food storage, utensil
storage, dishwashing, cleaning, laundry, or other areas, each facility’s permit
must specify which common areas are to be inspected with the facility. Each
common area specified under a permit must be included in the calculation of the
floor area of the permitted facility for purposes of assessing the annual
inspection fee.
      (4)   Lapse. A permit lapses if the food establishment operating under
the permit:
         (A)   ceases its operation for 12 or more months;
         (B)   fails to pay the annual inspection fee on or before the due
date;
         (C)   extensively remodels the facility from which it operates;
         (D)   constructs a new facility or mobile food preparation vehicle; or
         (E)   changes ownership.
      (5)   Transferability. A permit is not transferable. A person who
acquires an existing food establishment may not operate the establishment
without obtaining a new permit within 30 days of the change of ownership.
      (6)   Operating authority. A permit issued under this article gives only
the person to whom the permit is issued the authority to operate the
establishment identified on the permit. As a lawful condition to the operation
of the establishment, the director may impose in the permit such additional
requirements relating to the operation of the food establishment as the
director determines is necessary to protect the public health and safety.
      (7)   Application. A person who desires a permit for a food establishment
shall apply for the permit on a form provided by the department, requiring such
information as the director determines is necessary to implement or enforce
this chapter. A food establishment shall apply for a new permit if:
         (A)   the facility from which it operates is to be extensively
remodeled;
         (B)   a new facility or mobile food preparation vehicle is to be
constructed; or
         (C)   there is a change of ownership.
      (8)   (Reserved.)
      (9)   Issuance. If the director finds that a food establishment applying
for a permit complies with applicable requirements of this chapter and other
law and is current on the payment of all fees owed to the city under this
chapter, the director shall issue the permit. The director may not issue a
permit for any mobile food unit that is equipped with any sound amplification
device that, when operated, violates Section
30-2 (k) of this code.
      (10)   Acceptance. Acceptance of a permit issued by the director
constitutes an agreement by the food establishment to:
         (A)   comply with all conditions of the permit and all applicable
provisions of this chapter; and
         (B)   allow the lawful inspection of its facility, vehicles, and
operations.
      (11)   Display. A food establishment that operates from a fixed facility
shall display its permit in a frame with a glass cover at a prominent place
inside the facility where it can be easily seen by the public.
   (d)   Permit application fee.
      (1)   An applicant for a permit for a food establishment shall pay the
city an application fee for each separate and distinct fixed facility and for
each mobile food unit inside the city from which the establishment is to be
operated.
      (2)   The applicant shall pay a nonrefundable fee according to the
following schedule:
 
                     Fixed Facility Class I and Class II Class III and Class
                                     Mobile Food Unit     IV Mobile Food Unit
Application Fee       $197           $121                 $481
Reinstatement fee
after lapse of permit
for failure to pay
annual inspection fee $199                                
by due date: existing
facility or vehicle
under same ownership
 
      (3)   Section
17-10.2(d) does not apply to:
         (A)   a temporary food service establishment permitted under this
chapter; or
         (B)   a wholesale produce dealer permitted under Chapter 29 of this
code.
      (4)   The permit application and reinstatement fees required to be paid
under this section are in addition to the annual inspection fees required to be
paid under Section
17-10.2(g) or (h), whichever applies.
   (e)   Plans and specifications.
      (1)   A person shall not begin constructing a fixed facility or
constructing a mobile food preparation vehicle (whether by manufacturing,
retrofitting, or converting), or extensively remodeling a fixed facility,
intended for use in the operation of a food establishment (other than a
temporary food service establishment) before a copy of plans and specifications
of the construction or remodeling are approved, in writing, by the director.
         (A)   Jn general. Except as provided in this paragraph, a request for
approval of plans and specifications must be accompanied by a nonrefundable
plans review fee of $562 for a mobile food unit.
         (B)   Class II mobile food unit limited to a coffee cart. An
application for approval of plans and specifications for a Class II mobile food
unit limited to a coffee cart must be accompanied by a nonrefundable plan
review fee of $205.
      (2)   The director’s written approval of plans and specifications is
valid until whichever of the following dates or events occurs first:
         (A)   18 months after the date of approval, for new construction of a
fixed facility or construction of a mobile food preparation vehicle;
         (B)   six months after the date of approval, for extensive remodeling
of an existing facility; or
         (C)   completion of construction and issuance of a food establishment
permit.
      (3)   Before construction or remodeling may be continued or recommenced
after an approval of plans and specifications lapses:
         (A)   a new permit application must be made, and an application fee
paid, in accordance with Section
17-10.2(d); and
         (B)   the plans and specifications must be resubmitted to and approved
by the director and a new plans review fee must be paid.
      (4)   Approval of the plans and specifications by the director does not
prevent the director from enforcing an ordinance or other law applicable to the
construction or remodeling.
      (5)   Plans and specifications submitted under this section for a fixed
facility must conform to the requirements for plans and specifications in the
Dallas Building Code.
      (6)   If plans and specifications are approved by all affected
departments of the city and construction has been in accordance with the plans
and specifications, before an inspecting officer from any department may
require a change, written notice must be served to the food establishment in
accordance with Section
17-10.2(n). The notice must state:
         (A)   the required change in the plans and specifications;
         (B)   the reason for the change; and
         (C)   the establishment’s right to appeal the order of change.
      (7)   A food establishment may appeal a change ordered under this section
following the procedures of Section
17-10.2(q).
   (f)   Inspections.
      (1)   Consent to inspection. Application for and operation of a food
establishment inside the city constitutes consent for the director to inspect
the food establishment to determine whether the establishment complies with all
conditions of the permit and applicable requirements of this chapter and other
city ordinances and state and federal law.
      (2)   Inspection procedure. An inspection will be conducted in the
following manner:
         (A)   The director may inspect during business hours or at any other
reasonable time.
         (B)   An inspecting officer shall present official identification to
the manager or person in charge before conducting the inspection.
         (C)   An inspecting officer shall wear appropriate clothing and hair
restraint when entering food preparation or equipment and utensil washing areas
of a food establishment.
         (D)   Upon authorization of the director, photographs of any part of a
food establishment, or of any food handling activities conducted inside or
outside of a food establishment, may be taken during an inspection.
      (3)   Pre-operation inspection. Before issuing a permit under this
article, the director shall inspect a food establishment to determine whether
the establishment complies with applicable requirements of this chapter and
other city ordinances and state and federal law. If the food establishment does
not comply, the director shall notify the permit applicant of the
nonconformance in the manner prescribed by this article.
      (4)   Periodic inspections. The director shall periodically inspect each
separate and distinct facility and vehicle from which a food establishment
operates to determine whether the establishment complies with this chapter and
other applicable city ordinances and state and federal law. The director shall
conduct the periodic inspection as often as the director considers necessary to
enforce this chapter or other applicable law, but at least once each six-month
period for risk level three establishments, once a year for risk level two
establishments, and every other year for risk level one establishments.
Whenever a food establishment is inspected by the director and a violation of
this chapter or other applicable law is found, the director shall, after the
expiration of any time limit for compliance given in a notice or order issued
because of the violation, reinspect the food establishment to determine that
the violation has been eliminated. A $191 fee will be charged for each
reinspection that must be conducted before the violation is determined to be
eliminated.
      (5)   Inspection form. The director shall prepare and use an inspection
form for rating the code compliance of a food establishment.
      (6)   On-site food establishment risk profile assessment inspection. An
on-site food establishment risk profile assessment inspection may be conducted
when the establishment is newly opened, changes ownership, or experiences a
substantial change in menu offerings or food handling processes. Inspection
frequency is based on types of food preparation processes used by the food
establishment, the food served and sold, the average number of meals served,
and the population served. A non-refundable service fee of $106.00 will be
charged for each on-site food establishment risk profile assessment inspection.
      (7)   Entry of persons other than the director. Nothing in this chapter
authorizes the entry of persons other than the director and the director's
authorized representatives into food preparation or equipment and utensil
washing areas of a food establishment.
   (g)   Annual inspection fees: catering services and mobile food units.
      (1)   Catering service. A catering service shall pay the city a
nonrefundable annual inspection fee of $125 for each vehicle used to operate
the service inside the city.
      (2)   Mobile food unit. A food establishment that operates a mobile food
unit inside the city shall pay the city a nonrefundable annual inspection fee
in accordance with the following schedule:
 
Type of Operation                                                  Each Vehicle
Class I mobile food unit (produce trucks, ice cream carts, grocery $300
trucks)
Class II mobile food unit                                          $240
Class III and IV mobile food unit                                  $185
 
   (h)   Annual inspection fee: fixed facilities.
      (1)   Requisite. A food establishment shall pay the city a nonrefundable
annual inspection fee for each separate and distinct, fixed facility inside the
city from which the establishment is operated. If a building contains multiple
facilities, a separate fee will be calculated for each facility required to be
permitted under Section
17-10.2(c).
      (2)   Amount. The amount of the fee for each facility is determined by
the floor area of the facility. In determining the floor area, the director
shall include each interior part of the facility used to manufacture or
process, store, package, prepare, distribute, sell, or serve food. The fees are
as prescribed in the following schedule:
         (A)   For facilities not included in Section
17-10.2(h)(2)(B):
Risk Level One Establishment:
 
Area in square feet Annual fee
1 to 2,000          $141
2,001 or more       $155
 
Risk Level Two Establishment:
 
Area in square feet Annual fee
1 to 2,000          $283
2,001 or more       $308
 
Risk Level Three Establishment:
 
Area in square feet Annual fee
1 to 2,000          $468
2,001 or more       $513
 
         (B)   If a food establishment is being operated from more than one
separate and distinct facility in the same building, for each facility in
excess of one:
Risk Level One Establishment:
 
Area in square feet Annual fee
1 to 2,000          $141
2,001 or more       $155
 
Risk Level Two Establishment:
 
Area in square feet Annual fee
1 to 2,000          $283
2,001 or more       $308
 
Risk Level Three Establishment:
 
Area in square feet Annual fee
1 to 2,000          $468
2,001 or more       $513
 
      (3)   No later than December 31 of each year, a food establishment shall
pay the annual inspection fee for the following calendar year. Failure to pay
all fees by December 31 of the year can result in the establishment being
subject to the preclosure process. Food establishments subject to the
preclosure process shall pay the city a nonrefundable fee of $158 and may
receive citations for operating without a valid permit.
      (4)   The annual inspection fee for a new food establishment will be
prorated from the calendar month in which operations begin to the end of the
calendar year.
      (5)   Exceptions. Section
17-10.2(h) does not apply to:
         (A)   a temporary food service establishment permitted under this
chapter; or
         (B)   a wholesale produce dealer permitted under
Chapter 29 of this code.
   (i)   Temporary food service fee.
      (1)   Before the director issues a permit to a temporary food service
establishment, the applicant for the permit shall pay the city a nonrefundable
permit fee of $217, plus $28 for each day of operation for each facility from
which the establishment is operated.
      (2)   A temporary food service establishment that offers only prepackaged
foods from the manufacturer that are non-time and temperature controlled and
with minimum handling and preparation may request a limited service food
permit. The applicant for the food permit shall pay the city a nonrefundable
permit fee of $204, plus $28 for each day of operation for each facility from
which the establishment is operated.
      (3)   A maximum nonrefundable annual fee of $356 for each facility will
be collected from concessionaires operating under contract with the city park
and recreation department. A maximum nonrefundable annual fee of $388 for each
facility will be collected from concessionaires operating at a school stadium.
A maximum nonrefundable annual fee of $100 for each booth or stall valid at a
single market location or at more than one market location will be collected
from a vendor operating at a neighborhood market permitted under
Chapter 42A of this code, as amended.
      (4)   Section
17-10.2(i)(1) does not apply to a temporary food service establishment that:
         (A)   does not serve time/temperature control for safety food; and
         (B)   the weekly gross income of which does not exceed $100.
   (j)   Registration of food establishments outside the city.
      (1)   A food establishment operating from a facility located outside the
city that sells, distributes, or transports food inside the city may not
conduct operations inside the city unless the establishment annually:
         (A)   registers with the director on a form provided for the purpose;
and
         (B)   furnishes the department with:
            (i)   a certificate from a health authority with jurisdiction over
the establishment indicating that the establishment complies with applicable
public health laws; and
            (ii)   other information that the director determines is necessary
to enable the director to implement or enforce this chapter or otherwise
protect the public health or safety.
      (2)   The director may inspect the operations of a food establishment
specified in Section
17-10.2(j)(1) that are conducted inside the city to determine if the operations
comply with applicable requirements of this chapter or other law.
      (3)   This subsection does not affect the liability of a food
establishment specified in Section
17-10.2(j)(1) for payment of any other fee imposed under this article.
   (k)   Payment of fee. Except as expressly provided by this article, a fee
prescribed by this article is payable on the date and in the manner prescribed
by the director. If in a particular year a food establishment fails to pay the
annual inspection fee required on or before the due date, the permit of that
establishment lapses and the establishment must pay the reinstatement fee
required by Section
17-10.2(d)(2), and all other outstanding fees owed to the city under this
chapter, before the permit will be renewed. Fee payments will be applied to
oldest outstanding balance first, if any.
   (l)   Service fees.
      (1)   If a food establishment changes its name, continuing under the same
ownership, the establishment shall inform the director in writing of the change
and pay the city a service fee of $220, not more than seven days after the
change.
      (2)   To obtain from the director a detailed, written survey or risk
level assessment of an existing food establishment, a prospective operator
must:
         (A)   present to the director written permission for the survey or
risk level assessment from the owner of the food establishment; and
         (B)   pay to the city a nonrefundable service fee of $106.
   (m)   Violations; notification and order to correct.
      (1)   Authority to order correction. If the director determines that a
food establishment is in violation of this chapter or other law, the director
may notify the establishment in writing of the violation and by written order
direct the establishment to correct the violation within a definite 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 period of time reasonably
necessary to make the correction.
      (2)   Immediate corrections. Upon determining that a violation
constitutes an imminent and serious threat to the public health or safety, the
director may order the establishment to correct the violation immediately or
cease food operations to the extent the director determines is necessary to
abate the threat until the violation is corrected.
      (3)   Contents of notice. The director shall include in a notice of
violation under this subsection:
         (A)   identification of the violation by code section number and the
name of the issuing officer;
         (B)   the date of issuance of the notice and the time period within
which the violation must be corrected;
         (C)   a warning that failure to comply with the order may result in
one or more of the following:
            (i)   temporary closure of the establishment;
            (ii)   suspension or revocation of the establishment’s permit; or
            (iii)   imposition of a fine; and
         (D)   a statement indicating that the order may be appealed.
      (4)   Closure.
         (A)   If, pursuant to Section
17-10.2(m)(2), the director determines that a food establishment must cease
operations in order to correct a violation that constitutes an imminent and
serious threat to the public health and safety, the director shall:
            (i)   if the establishment voluntarily closes for the required time
period, post a placard that states that the establishment is closed in
cooperation with the city to improve food sanitation in the establishment; or
            (ii)   if the establishment closes only after a written order is
issued by the director, post a placard that states that the establishment is
closed by order of the city to correct food sanitation deficiencies.
         (B)   A person commits an offense if he continues operation of a food
establishment after being ordered by the director to close the establishment.
An offense under this subparagraph is punishable by a fine of not less than
$200 or more than $2,000.
      (5)   Placard requirements.
         (A)   A placard posted in accordance with Section
17-10.2(m)(4) shall:
            (i)   be no larger than nine inches by 12 inches in size;
            (ii)   contain any language and symbols determined appropriate by
the director;
            (iii)   be placed at the main entrance of the establishment where
it is clearly visible to the public;
            (iv)   remain posted until the director determines that the food
sanitation deficiencies are corrected and that the establishment may re-open;
and
            (v)   be removed only by the director.
         (B)   A person commits an offense if, without the consent of the
director, he defaces, removes, or conceals (in whole or in part) a placard
posted in accordance with Section
17-10.2(m)(4). An offense under this subparagraph is punishable by a fine of
not less than $200 nor more than $2,000.
   (n)   Service of notice.
      (1)   The director or an authorized representative shall personally serve
notice required under this article to:
         (A)   the permittee;
         (B)   the registered agent for service of the permittee; or
         (C)   a person in charge of the food establishment.
      (2)   If the permittee, registered agent, or a person in charge cannot be
found after a diligent effort to locate, or if the establishment is located
outside the city, the director may serve notice by certified United States
mail, return receipt requested, to the address of the permittee on file with
the department or to the address of the registered agent.
      (3)   Service of notice executed in accordance with Section
17-10.2(n) constitutes notice to a food establishment.
   (o)   Examination and condemnation of food.
      (1)   Authority to examine. The director may examine food that is to be
served, sold, offered for sale, transported, distributed, or stored inside the
city by a food establishment as often as reasonably necessary to determine if
the food is adulterated or misbranded. The director may take a reasonable
sample of food subject to examination under Section
17-10.2(o).
      (2)   Hold order. If the director has reasonable cause to suspect that
food is adulterated or misbranded, the director by written order may instruct
the food establishment that possesses the food to withhold the food from use or
sale. A hold order takes effect immediately upon issuance. If a hold order is
imposed, the department shall serve notice of that fact in the manner
prescribed by Section
17-10.2(n). The director shall identify the food subject to a hold order in a
reasonable way (including, but not limited to, a note or tag attached to the
food). An establishment that possesses food subject to a hold order shall store
the food as directed by the director and shall not alter the food in any way
without written permission from the director. The director shall take such
samples as may be necessary to examine food subject to a hold order as soon as
reasonably possible to determine if the food is adulterated or misbranded. If
the food is not adulterated or misbranded, the director shall cancel the hold
order.
      (3)   Condemnation order. If the director determines that the food is
adulterated, the director shall order the food condemned and dispose of the
food in a way that does not result in a health hazard. If the director
determines that the food is misbranded, the director shall order the food
condemned and may dispose of the food in a way that does not result in a health
hazard, or order the food establishment in control of the food to put the food
in compliance with applicable law.
   (p)   Suspension and revocation of permits.
      (1)   The director may suspend a permit, for a definite period of time
not to exceed one year, if the director determines that a food establishment
has:
         (A)   made a false statement of a material fact in an application for
a food establishment permit;
         (B)   violated a provision of this chapter;
         (C)   failed to timely comply with a correction order, a hold order,
or a condemnation order;
         (D)   intentionally or knowingly impeded a lawful inspection by the
director or the director’s authorized representative; or
         (E)   failed to pay a fee required under this chapter at the time it
was due.
      (2)   The director may revoke a permit if the director determines that a
food establishment has:
         (A)   been convicted twice within a 12-month period for violations of
this chapter;
         (B)   failed to comply, within the time specified, with an order to
correct or abate an imminent and serious threat to the public health or safety;
         (C)   been closed two or more times within a 12-month period for
conditions that constituted a serious and imminent threat to public health;
         (D)   had a food establishment permit suspended under Section
17-10.2(p)(1) three times within a 24-month period; or
         (E)   operated a food establishment during a period when the food
establishment’s permit was suspended.
      (3)   Upon receipt of written notice of suspension or revocation issued
by the director, the food establishment shall immediately cease operation of
the facility or vehicle for which the permit is suspended or revoked. The
director shall serve notice of suspension or revocation in the manner
prescribed by Section
17-10.2(n). The notice of suspension or revocation must include:
         (A)   the name of the permittee;
         (B)   the location or identification of the food establishment
facility or vehicle for which the permit is suspended or revoked;
         (C)   the reason for the suspension or revocation; and
         (D)   a statement informing the establishment of its right to appeal
the suspension or revocation.
   (q)   Appeal.
      (1)   A decision of the director that is appealable under this chapter is
final unless the applicant, permittee, registrant, certificate holder, or food
establishment to which the decision applies files an appeal with a permit and
license appeal board in accordance with Section
2-96 of this code.
      (2)   The filing of an appeal in accordance with Section
2-96 of this code stays an action of the director until a final decision is
made by the permit and license appeal board, unless the director determines
that continued operation of a food establishment, or continued employment of a
food service manager or a food handler, constitutes an imminent and serious
threat to public health and safety and gives proper notice of that
determination to the food establishment, the food service manager, or the food
handler.
   (r)   Criminal offenses; presumption.
      (1)   A person commits an offense if he:
         (A)   impedes the lawful inspection of a food establishment; or
         (B)   violates any other provision of this chapter.
      (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.
      (3)   A person violating a provision of this chapter is guilty of a
separate offense for each day or part of a day during which a violation is
committed, continued, or permitted. Unless otherwise provided in this chapter,
an offense committed under this chapter is punishable by a fine of not less
than $50 or more than $2,000; however, 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 $200 or more than $2,000.
      (4)   If an enforcing officer designated by the director has probable
cause to believe that a person has committed an offense under this chapter, the
enforcing officer may cause the arrest of the person or issue the person a
written citation to appear in municipal court to answer the charge against the
person. If, upon request by the enforcing officer, the person believed by the
officer to have committed the offense or an owner, officer, manager, or other
person in charge of the food establishment believed by the officer to have
violated this chapter, refuses to promise to appear in court by signing the
citation, the enforcing officer shall cause the arrest of the person. The
citation must include:
         (A)   the section of the code violated;
         (B)   the name and location of the establishment;
         (C)   identification of and the date of the offense alleged;
         (D)   the date of the citation; and
         (E)   the signature of the officer issuing the citation.
      (5)   Prosecution for an offense does not prevent the use of other
enforcement remedies or procedures applicable to the conduct involved in the
offense.
      (6)   Whenever a violation of this chapter occurs that involves a mobile
food unit, 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.
   (s)   Variances.
      (1)   A food establishment may apply to the director for a variance
modifying or waiving the requirements of the Texas Food Establishment Rules or
the requirements of this chapter. The food establishment shall apply for the
variance on a form provided by the director and shall include in the
application all of the information required by Subsection 228.2431(2) of the
Texas Food Establishment Rules. The application must be accompanied by a
nonrefundable application fee of $591. The fee does not apply to mobile food
units applying for a commissary variance pursuant to Section
17-8.2(g)(B)(i).
      (2)   The director may grant a variance by modifying or waiving the
requirements of Subchapter I, Subsections 228.243(a) through (c), of the Texas
Food Establishment Rules or the requirements of this chapter if, in the opinion
of the director, a health hazard or nuisance will not result from the variance.
      (3)   If a variance is granted, the director shall retain in its records
for the food establishment the information provided by the applicant under
Subchapter I, Subsection 228.243(b), of the Texas Food Establishment Rules. A
food establishment granted a variance shall comply with Subchapter I,
Subsection 228.243(c), of the Texas Food Establishment Rules and any conditions
or standards for the variance established by the director or this chapter.
      (4)   A variance granted under this section is nontransferable, vehicle
specific, event specific, and location specific. If granted, the variance is
valid for at least one year but not for more than two years. The variance
expiration date must be printed on the variance and will remain effective
unless it is sooner revoked by the director or terminated by the food
establishment. A variance may be renewed through the application process set
forth in Paragraph (1) of this subsection.
      (5)   The director shall deny or revoke a variance under this section if:
         (A)   the food establishment made a false statement as to a material
matter on or in connection with the request for the variance or on or in
connection with the permit application for the food establishment;
         (B)   the food establishment does not hold a valid permit issued under
this chapter;
         (C)   the director determines that a health hazard or nuisance will
result or has resulted from the variance;
         (D)   the food establishment failed to pay a fee required under this
chapter at the time it was due; or
         (E)   the food establishment is in violation of any term or condition
of the variance as established by the director, this chapter, or state law.
      (6)   If the director denies or revokes a variance, the director shall
notify the applicant in writing by personal service or regular United States
mail. The notice must include the reasons for the denial or revocation and a
statement informing the applicant of the right to appeal the decision in
accordance with Subsection (q) of this section.
      (7)   If, pursuant to this section, the director grants a variance to
Subchapter F, Subsection 228.186(o), of the Texas Food Establishment Rules
(which prohibits animals on the premises of a food establishment) to allow dogs
to be present in the outdoor patio area of a food establishment, then the food
establishment shall comply with the following conditions and standards in
addition to any other conditions and standards established by the director for
the variance:
         (A)   Except as allowed under Subchapter F, Subsection 228.186(o), of
the Texas Food Establishment Rules, no dog may be present inside the food
establishment or on any playground area of the food establishment.
         (B)   A separate entrance must be provided from the outside of the
food establishment to the outdoor patio so that a dog will have direct access
to the patio without entering the interior of the food establishment or any
playground area of the food establishment. A dog on an outdoor patio may not be
allowed within seven feet of any entrance to the interior of the food
establishment, except when necessary to enter or exit the patio.
         (C)   A sign must be posted at the front entrance of the food
establishment and on the outdoor patio so that it is easily visible to the
public. The sign must state: "DOG FRIENDLY PATIO - DOG ACCESS ONLY THROUGH
OUTDOOR PATIO. FOR COMPLAINTS RELATED TO THE DOG FRIENDLY PATIO, CALL 311."
Signs must be:
            (i)   no smaller than 9-1/2 inches long by 12 inches wide;
            (ii)   printed in English and Spanish with bolded lettering of at
least 36 point font in contrasting colors; and
            (iii)   displayed in a landscape orientation.
         (D)   Doors equipped with self-closing devices must be provided at all
entrances to the outdoor patio from the interior of the food establishment.
         (E)   No food preparation, including mixing drinks or serving ice, may
be performed in the outdoor patio area, except that a beverage glass may be
filled on the patio from a pitcher or other container that has been filled or
otherwise prepared inside the food establishment.
         (F)   The outdoor patio must be continuously maintained free of
visible dog hair, dog dander, and other dog-related waste or debris. The
outdoor patio must be hosed down or mopped with animal friendly chemicals at
the beginning of each shift during which food or beverages will be served
(breakfast, lunch, dinner, or late-hours), or, if a food establishment has
continuous food or beverage service without designated shifts, then every six
hours that the establishment is open for business, except that cleaning under
this subparagraph is not required if no dog has been present on the outdoor
patio since the last cleaning. Waste created from a dog's bodily functions must
be cleaned up with animal friendly chemicals within five minutes after each
occurrence. All dog waste must be disposed of outside of the food establishment
in an appropriate waste receptacle. Equipment used to clean the outdoor patio
must be kept outside of the food establishment. A food establishment must
maintain a log of the cleaning schedule of the dog friendly patio and make the
log available to the director for inspection upon request.
         (G)   While on duty, wait staff or other food handlers at the food
establishment may not pet or have contact with any dog.
         (H)   A dog must be kept on a leash and remain in the control of the
customer while in the outdoor patio area. The dog must be wearing a collar or
harness with a current rabies tag attached to it.
         (I)   A dog is not allowed on a seat, table, countertop, or similar
surface in the outdoor patio area.
         (J)   A dog is not allowed to have contact with any dishes or utensils
used for food service or preparation at the food establishment.
         (K)   A dog may not be given any food (including, but not limited to,
dog kibble, biscuits, and edible treats) while in the outdoor patio area, but
may be given water in a disposable container.
      (8)   Reserved.
      (9)   An owner, officer, manager, or other person in charge of a food
establishment commits an offense if he, either personally or through an
employee or agent, violates, allows a violation of, or fails to comply with a
term or condition of a variance granted under this section. (Ord. Nos. 26023;
26134; 26556; 26598; 27190; 27353; 27695; 28046; 28488; 29177; 30134; 30653;
30938; 31376; 32003; 32148; 32181; 32232; 32310)
ARTICLE XI.
HEIMLICH MANEUVER POSTER.
SEC. 17-11.1.   ADOPTION OF SECTION 229.173, TEXAS FOOD ESTABLISHMENT RULES.
   Section 229.173 of the Texas Food Establishment Rules is hereby adopted and
made a part of this chapter by reference. (Ord. 26023)
SEC. 17-11.2.   ADDITIONAL REQUIREMENTS.
   (a)   General. All food establishments that provide dining areas shall post
the Heimlich maneuver sign in a place conspicuous to employees and customers.
   (b)   Specifications: The sign shall:
      (1)   be no smaller than 11 inches wide by 17 inches long;
      (2)   be printed in English and Spanish and in at least two conspicuous
contrasting colors on a white background;
      (3)   provide major title and figure blocks in contrasting color to
remaining copy blocks;
      (4)   provide major headings with a minimum bold 72 point font;
      (5)   provide initial subheadings with a minimum bold italic 60 point
font;
      (6)   provide secondary subheadings with a minimum bold 24 point font;
and
      (7)   provide a body copy in bold 14 point font. (Ord. 30134)
ARTICLE XII.
BED AND BREAKFAST EXTENDED ESTABLISHMENTS.
SEC. 17-12.1.   ADOPTION OF SECTION 228.223, TEXAS FOOD ESTABLISHMENT RULES.
   Section 228.223 of the Texas Food Establishment Rules is hereby adopted and
made a part of this chapter by reference. (Ord. Nos. 26023; 30134)
SEC. 17-12.2.   ADDITIONAL REQUIREMENTS.
   Reserved. (Ord. 26023)
ARTICLE XIII.
OUTFITTER OPERATIONS.
SEC. 17-13.1.   ADOPTION OF SECTION 228.224, TEXAS FOOD ESTABLISHMENT RULES.
   Section 228.224 of the Texas Food Establishment Rules is hereby adopted and
made a part of this chapter by reference. (Ord. Nos. 26023; 30134)
SEC. 17-13.2.   ADDITIONAL REQUIREMENTS.
   Reserved. (Ord. 26023)
ARTICLE XIV.
SELF SERVICE FOOD MARKET.
SEC. 17-14.1.   ADOPTION OF CHAPTER 228, SUBCHAPTER H, SECTION 225.
   Section 228.225 of the Texas Food Establishment Rules is hereby adopted and
made a part of this chapter by reference. (Ord. 30134)
SEC. 17-14.2.   ADDITIONAL REQUIREMENTS.
   Reserved. (Ord. 30134)
CHAPTER 18
MUNICIPAL SOLID WASTES
ARTICLE I.
COLLECTION AND DISPOSAL.
Sec.
18-1.   Scope of chapter.
Sec.
18-2.   Definitions.
Sec.
18-3.   Regulating containers for municipal solid waste materials.
Sec.
18-4.   Regulating the collection of solid waste materials from residences and
duplexes.
Sec.
18-5.   Regulating the collection and removal of solid waste materials from
apartments, institutions, commercial establishments, and mobile home parks.
Sec.
18-5.1.   Collection and removal of recyclable materials from multifamily
sites.
Sec.
18-6.   Regulating the collection and removal of solid waste from the downtown
area.
Sec.
18-7.   Regulating the collection and removal of dead animals.
Sec.
18-8.   Solid waste materials not handled by city sanitation services.
Sec.
18-9.   Specifying charges for sanitation service.
Sec.
18-10.   Regulating the processing and disposal of solid waste materials.
Sec.
18-11.   Specifying charges for disposal of solid waste materials.
Sec.
18-12.   Regulating the collection and removal of illegally dumped solid waste
materials on private premises.
Sec.
18-12.1.   Penalties for violation.
ARTICLE II.
WEEDS, GRASS, AND VEGETATION.
Sec.
18-13.   Growth to certain height prohibited; offenses.
Sec.
18-14.   Duty to prevent weeds, grass, or vegetation from becoming a nuisance
or fire hazard.
Sec.
18-14.1.   Vegetation in alley, street, or sidewalk.
Sec.
18-15.   Enforcement.
Sec.
18-16.   Penalties for violation.
Sec.
18-17.   City removal of weeds and vegetation upon failure of owner, occupant,
or person in control to do so; notice required.
Sec.
18-18.   Charges to be collected from the property owner; lien on premises for
failure to pay charges.
ARTICLE III.
JUNKED VEHICLES.
Sec.
18-19.   Definitions.
Sec.
18-20.   Deemed public nuisance; declared unlawful.
Sec.
18-21.   Exceptions.
Sec.
18-22.   Notice to abate nuisance.
Sec.
18-23.   Motor vehicle description.
Sec.
18-24.   Trial in municipal court—Preliminaries.
Sec.
18-25.   Findings of judge; penalty.
Sec.
18-26.   Removal with permission of owner.
Sec.
18-27.   Removal from public property or occupied or unoccupied premises by
court order.
Sec.
18-28.   Notice to Texas department of highways and public transportation.
Sec.
18-28.1.   Penalties for violation.
ARTICLE IV.
PRIVATE SOLID WASTE COLLECTION SERVICE.
Division 1. In General.
Sec.
18-29.   Definitions.
Sec.
18-30.   Authority of director.
Sec.
18-31.   Defenses.
Division 2. Solid Waste Collection Franchises.
Sec.
18-32.   Franchise and decal required.
Sec.
18-33.   Franchise application.
Sec.
18-34.   Franchise grant.
Sec.
18-35.   Franchise fees.
Sec.
18-36.   Issuance and display of vehicle decal; proof of franchise to be shown
upon request.
Sec.
18-37.   Suspension or revocation of franchise; assessment of civil penalties.
Sec.
18-38.   Amendments to and transfer of a franchise.
Sec.
18-39.   Expiration and renewal of franchise; voidance of authority to operate
vehicles.
Sec.
18-40.   Franchisee’s records and reports.
Sec.
18-41.   Annual report.
Sec.
18-42.   Failure to pay ad valorem taxes.
Sec.
18-43.   Notification of change of address or ownership.
Sec.
18-44.   Vehicle inspection.
Division 3. Miscellaneous Requirements relating to Solid Waste Collection,
Disposal, and Vehicles.
Sec.
18-45.   Requirements for solid waste collection vehicles.
Sec.
18-46.   Responsibility of producer of dry or wet solid waste.
Sec.
18-47.   Hazardous waste material.
Sec.
18-48.   Restrictions on removal of solid waste.
Sec.
18-49.   Restrictions on disposal of waste.
Sec.
18-50.   Accumulations and deposit of waste prohibited.
Division 4. Violations and Penalties.
Sec.
18-51.   Penalties for violations.
ARTICLE IV-a.
MULTIFAMILY SITE RECYCLING COLLECTION AND REMOVAL SERVICES.
Sec.
18-52.   Director of sanitation's authority.
Sec.
18-53.   Multifamily site recycling collection service.
Sec.
18-54.   Inspections, suspensions, revocations, and penalties.
ARTICLE V.
TIRES.
Sec.
18-55.   Definitions.
Sec.
18-56.   Tire business license and mobile tire repair unit permit required;
application; transferability.
Sec.
18-57.   License and permit fees.
Sec.
18-58.   Issuance, denial, and display of a license or permit; tire disposal
records.
Sec.
18-59.   Revocation of a license.
Sec.
18-60.   Appeals.
Sec.
18-61.   Expiration and renewal of license; voidance of authority to operate a
mobile tire repair unit.
Sec.
18-61.1.   Required training.
Sec.
18-61.2.   Scrap tire storage methods.
Sec.
18-61.3.   Tire identification.
Sec.
18-62.   Transporting scrap tires.
Sec.
18-63.   Impoundment of vehicles.
Sec.
18-64.   Unauthorized disposal of tires.
Sec.
18-65.   Exemptions.
Sec.
18-65.1.   Required inspections.
Sec.
18-66.   Penalty.
ARTICLE I.
COLLECTION AND DISPOSAL.
SEC. 18-1.   SCOPE OF CHAPTER.
   The provisions of this chapter apply to all territory within the city and
are for the benefit and protection of the city, its citizens, and the city's
solid waste collection and disposal utility. (Ord. Nos. 16367; 29881)
SEC. 18-2.   DEFINITIONS.
   For the purpose of this chapter, the following words and phrases have the
meanings respectively ascribed to them by this section:
   (1)   ALLEY. Any public way, generally of less width than a street, used for
public utility purposes and right-of-way and as an alternate secondary or
emergency route for vehicular and pedestrian traffic, generally situated at the
rear of or alongside a tier of lots.
   (2)   APARTMENT HOUSE. Apartment house as defined by the building code.
   (3)   BRUSH AND BULKY TRASH. Brush and bulky trash originating from the
dwelling unit (residence or duplex) being serviced by sanitation services.
      (A)   BRUSH. Cuttings or trimmings, individual pieces not exceeding eight
inches in diameter or 10 feet in length, from trees, shrubs, or lawns and
similar materials, which also may include yard trash consisting of bagged
leaves, twigs, and other similar objects.
      (B)   BULKY TRASH. Furniture, appliances (freon removed, if applicable),
mattresses, small household trash that is bagged or containerized, and other
household objects too large for routine placement in normal compaction-type
collection vehicles via the provided rollcart. This definition does not include
household garbage (bagged or un-bagged), wet solid waste, construction debris,
automotive parts, soil, rocks, stones, tires, electronics, household hazardous
waste (e.g. chemicals, paints, fuel), or other items designated in writing by
the director of sanitation.
   (4)   BUILDING. A structure used or intended for supporting or sheltering
any use or occupancy.
   (5)   BUILDING CODE. The Dallas Building Code, as amended.
   (6)   CITY. The city of Dallas, Texas.
   (7)   CODE. The Dallas City Code, as amended.
   (8)   COMMERCIAL ESTABLISHMENT. Any structure intended or used for the
purpose of conducting a commercial business enterprise.
   (9)   CONSTRUCTION DEBRIS. Those materials resulting from the alteration,
construction, destruction, rehabilitation, remodeling, or significant repair of
any manmade physical structure including houses, buildings, industrial or
commercial facilities, and roadways. This includes but is not limited to brick,
concrete, other masonry materials, stone, glass, drywall, framing and finishing
lumber, roofing materials, plumbing fixtures, HVAC equipment such as heating
and air conditioning equipment and ductwork, insulation, and wall-to-wall
carpeting. This definition does not include incidental waste from small home
repairs (e.g. replacing a toilet, sink, small amounts of carpet or lumber,
fence panels, or doors).
   (10)   CONTAINER. A receptacle for the deposit of solid waste, including
garbage and recyclable materials (meeting the requirements of Section
18-3 for containers).
   (11)   DESIGNATED ALLEY. An alley that is not paved to city standard with
concrete or asphalt, that has a right-of-way less than 12 feet in width, that
deadends, that serves a dual use as a lined drainage channel, or that involves
other unusual conditions and which has been designated by the director of
sanitation.
   (12)   DIRECTOR OF SANITATION. The head of the department of sanitation
services of the city or any authorized representative.
   (13)   DOWNTOWN AREA. The area within the Dallas city limits bounded by the
west line of Houston Street, the south line of all properties on the south side
of Young Street, the east line of Pearl Street, and the south line of Gaston-
Pacific extension.
   (14)   DRIVE-IN SERVICE. Service involving city sanitation service employees
driving in on private property to collect garbage or recyclable materials.
   (15)   DRY SOLID WASTE. Trash (or rubbish), as defined in this section.
   (16)   DUPLEX. A structure intended for the use and occupancy as two family
dwelling units.
   (17)   DWELLING UNIT. Dwelling unit has the meaning assigned in Section
51A-2.102 of the Dallas Development Code, as amended.
   (18)   FOOD ESTABLISHMENT. Cafe, restaurant, or other similar establishment
serving food or food products, including quick service drive-ins where food is
prepared or served.
   (19)   GARBAGE. Solid waste consisting of putrescible animal and vegetable
waste materials resulting from the handling, preparation, cooking, and
consumption of food, including waste materials from markets, storage
facilities, handling and sale of produce, and other food products.
   (20)   ILLEGALLY DUMPED SOLID WASTE. Any solid waste placed on property with
or without the consent of the owner or person in control.
   (21)   INDUSTRIAL SOLID WASTE. Solid waste resulting from or incidental to
any process of industry or manufacturing, or mining or agricultural operations.
   (22)   INSTITUTION OR INSTITUTIONAL. Any church, church building, or
structure housing any charitable or philanthropic undertaking, or any school.
   (23)   MANAGER. The person in charge of real estate used for apartment,
institutional, or commercial purposes.
   (24)   MANUAL COLLECTION. The service rendered in collecting municipal solid
waste, including recyclable materials, in bags or from containers where
sanitation workers pick up the bags and containers manually instead of by
mechanical means.
   (25)   MOBILE HOME PARK. Six or more mobile home type dwelling units or
mobile home parking spaces that are:
      (A)   all located on one lot under single ownership; and
      (B)   only accessible by a private road.
   (26)   MULCH. Cutting grass, weeds, and similar vegetation into fine
particles.
   (27)   MULTIFAMILY SITE RECYCLING COLLECTION SERVICE. The business of
removing recyclable material, for processing, from a multifamily site for
compliance with Section
18-5.1 of this code.
   (28)   MULTIFAMILY SITE. Multifamily site means eight or more dwelling units
on a lot.
   (29)   MUNICIPAL SOLID WASTE. Solid waste resulting from or incidental to
municipal, community, commercial, and recreational activities, including
garbage, trash (or rubbish), ashes, street cleanings, dead animals, and all
other solid waste other than industrial solid waste.
   (30)   OCCUPANT. A person living on premises or in control of premises.
   (31)   OWNER. A person or the person's agent, including a condominium or
homeowner's association, jointly or severally, with an ownership interest in a
commercial establishment, multifamily site, residence, or duplex.
   (32)   OVERSIZED BRUSH AND BULKY TRASH COLLECTION. A collection of brush and
bulky trash greater in volume than the standard limit of 10 cubic yards.
   (33)   PACKOUT SERVICE. Service involving city sanitation service employees
walking in on private property or walking in to a point that is not immediately
adjacent to a location reasonably accessible to the standard city garbage or
recycling truck by route of a public right-of-way to collect garbage or
recyclable materials. Brush and bulky trash collection will not be rendered as
a pack out service.
   (34)   PARKWAY. The area ordinarily intervening between the curb line of a
street and the adjacent property line, or the sidewalk if a sidewalk exists.
   (35)   PERMITTEE. Any person licensed by the city of Dallas to contract to
collect, remove, or dispose of solid waste.
   (36)   PERSON. Any individual, corporation, organization, partnership,
association, or any other legal entity.
   (37)   PROPERTY LINE. The peripheral boundary of real estate.
   (38)   PUBLIC UTILITY EASEMENT. A right-of-way used or dedicated to be used
by any public utility, including but not limited to services such as
electricity, telephone, gas, solid waste collection, water, sewer, and
drainage.
   (39)   PUBLIC WAY. Any street, alley, easement, or other right-of-way.
   (40)   RECYCLING. The process of collecting, sorting, cleansing, treating,
and reconstituting recyclable materials for the purpose of using the altered
form in the manufacture of a new product.
   (41)   RECYCLABLE MATERIAL. Any material or product designated in writing by
the director of sanitation as being suitable for re-use and/or recycling.
   (42)   RESIDENCE. A structure intended for use and occupancy as a one family
dwelling unit, including a mobile type dwelling unit that is not part of a
mobile home park.
   (43)   ROLLCART. A plastic receptacle, which is furnished by the city for
the collection of residential refuse and recyclable materials, that:
      (A)   has two wheels and a lid;
      (B)   is designed to be lifted and emptied mechanically;
      (C)   is too large for handling by manual means; and
      (D)   is from 48 to 96 gallons.
   (44)   ROLLCART SERVICE. The service rendered in collecting municipal solid
waste, including recyclable materials, by mechanical means from rollcart
containers furnished by the city.
   (45)   SANITARY LANDFILL. A method of disposing of municipal solid waste on
land without creating a nuisance or hazard to public health or safety by
utilizing the principles of engineering to confine the solid waste to the
smallest practical area, to reduce it to the smallest practical volume, and to
cover it with a layer of earth at appropriate periodic intervals.
   (46)   SANITATION SERVICES. The department of the city that is responsible
for the operation of the city's solid waste collection and disposal utility,
including, but not limited to, the collection, removal, disposal, and
processing of municipal solid waste (including recyclable materials).
   (47)   STREET. Any public roadway for the passage of vehicular and
pedestrian traffic.
   (48)   TRASH (OR RUBBISH). Municipal solid wastes other than garbage and
further categorized as:
      (A)   BRUSH AND BULKY TRASH. Has the meaning as defined in Section
18-2(3) of this chapter.
      (B)   YARD TRIMMINGS. Consisting of bagged organic yard waste such as
leaves, grass, twigs, and other small organic waste. Yard trimmings placed in
paper lawn bags or compostable bags is considered brush and yard trimmings
placed in plastic bags is considered bulky trash.
      (C)   HOUSEHOLD TRASH. Paper, wood, glass, metal, cans, rags, cartons,
rubber, plastic, and other similar materials.
      (D)   CONTAINERIZED TRASH. Household or yard trash in containers not
exceeding a combined weight of 50 pounds.
   (49)   UNPAVED ALLEY. Any alley not paved with concrete or asphalt.
   (50)   VEGETATION. Any plant growth.
   (51)   VEHICLES. Every wheeled conveyance or any other device in, or by
which any property may be transported or drawn upon a public street or highway,
including devices used exclusively on stationary rails or tracks.
   (52)   WALKWAY. Any area, paved or unpaved, normally used as a pedestrian
right-of-way.
   (53)   WET SOLID WASTE. Any putrescible animal or vegetable waste materials,
other than waterborne waste material, resulting from the handling, preparation,
cooking, or consumption of food, including waste material from markets, storage
facilities, or the handling or sale of produce or other food products. (Ord.
Nos. 16367; 19409; 21058; 21186; 22026; 23694; 24743; 26960; 27697; 29879;
29881; 30879; 31231)
SEC. 18-3.   REGULATING CONTAINERS FOR MUNICIPAL SOLID WASTE MATERIALS.
   (a)   Containers for residences and duplexes. Every occupant of a residence
or duplex shall provide the premises with a sufficient number of solid waste
containers to provide for the peak output of municipal solid wastes from those
premises without overloading the containers. The containers must be rollcarts
and must meet the requirements of this subsection.
      (1)   At a residence or duplex, a person shall use only city owned and
provided rollcarts as solid waste containers, except that blue rollcarts may be
used as solid waste containers for recyclable materials.
      (2)   A person shall comply with the following requirements when using a
rollcart or a blue or clear recycling bag as a solid waste container:
         (A)   A container must not be overloaded to the point where spillage
occurs from overflow, wind, or handling.
         (B)   A container must be closed or secured at the top to prevent
spillage.
         (C)   Glass and other wastes that are dangerous to handle must be
securely wrapped, and the container must be labeled to warn of the need for
careful handling.
         (D)   Ashes must be cold before being placed in a container.
         (E)   Non-recyclable materials must not be placed in a container
(rollcart) designated for recyclable materials. A recycling rollcart that is
used for non-recyclable materials may be removed from the premises at the
direction of the director of sanitation.
      (3)   Unless otherwise specified by the director of sanitation, and in
addition to the requirements of Subsection (a)(3), a person shall comply with
the following requirements when using a rollcart as a solid waste container:
         (A)   A rollcart must be placed for collection so that there is a
minimum clearance of three feet to each side of the rollcart and one and one-
half feet to the rear of the rollcart from any fence, gas meter, telephone
pole, utility box, tree, shrub, additional collection container, or other
potential obstruction. A rollcart must be placed so that its handle faces the
dwelling unit.
         (B)   No person shall block or cause to be blocked access to or hinder
collection of a rollcart that has been placed for curbside collection.
         (C)   Solid waste, including recyclable materials, must be placed in a
rollcart in a manner that prevents the contents from blowing out of the
rollcart when being emptied.
         (D)   The director of sanitation must be promptly notified of any need
for repair or replacement of a rollcart. Cleanliness of a rollcart is the
responsibility of the occupant or owner of the premises to which the rollcart
is provided.
         (E)   A 60 to 65 gallon rollcart may not weigh more than 200 pounds
when loaded, and a 90 to 96 gallon rollcart may not weigh more than 250 pounds
when loaded.
         (F)   Additional rollcarts for garbage and recyclable materials may be
obtained from the director of sanitation for an additional fee set forth in
Section
18-9(c)(1) of this article.
         (G)   A rollcart that is lost or damaged due to a customer's
negligence may be replaced for a fee as set forth in Section
18-9(c)(8) of this article.
   (b)   Containers for apartments, mobile home parks, institutions, and
commercial establishments. Every owner of an apartment, mobile home park,
institution, or commercial establishment shall provide the premises with a
sufficient number of solid waste containers to provide for the peak output of
municipal solid wastes from those premises without overloading the containers.
      (1)   A container must be watertight and constructed of a solid and
durable grade of metal or plastic material. Any container that is manually
collected by city sanitation services employees must not exceed 96 gallons in
capacity, and the combined weight of the waste and the container must not
exceed 250 pounds. A container must not be overloaded to a point where spillage
occurs from overflow, wind, or handling.
      (2)   All containers must meet the following requirements:
         (A)   A container must be provided with suitable lifting handles on
the outside and a close-fitting or other approved cover equipped with a handle.
         (B)   A container must not contain any inside structure, such as a
band or reinforcing angle, or anything within the container to prevent the free
discharge of the contents. A container that has deteriorated or become damaged
to the extent that the cover will not fit securely or that has a jagged or
sharp edge capable of causing injury to a sanitation services employee or other
person whose duty it is to handle the container will be condemned by the city.
If such a container is not replaced after notice to the owner or user, the
container will be removed along with its contents.
   (c)   Underground solid waste containers. Underground solid waste containers
are prohibited for use in the city unless the installation is specifically
approved by the director of sanitation. (Ord. Nos. 16367; 19409; 19991; 21058;
24743; 26960; 28019; 29879; 32310)
SEC. 18-4.   REGULATING THE COLLECTION OF SOLID WASTE MATERIALS FROM RESIDENCES
AND DUPLEXES.
   (a)   General. It shall be the duty of every occupant of any residence or
duplex to provide a sufficient number of solid waste containers at the place
designated by the director of sanitation for collection of municipal solid
waste from the particular premises and to provide adequate capacity for the
solid waste placed out for collection without overloading the capacity of the
containers or wedging the contents in the container by compaction.
      (1)   All containers must conform to the requirements of Section
18-3(a).
      (2)   A person commits an offense if he collects dry or wet solid waste,
including salvageable newspaper or any other recyclable material, from a
residence or duplex. It is a defense to prosecution under this paragraph that
the person was:
         (A)   the owner or occupant of the residence or duplex;
         (B)   employed or under contract with the city to provide solid waste
collection services to the residence or duplex and was in the performance of
official duties;
         (C)   a charitable organization that gathers clothes, salvageable
newspapers, or other recyclable material;
         (D)   hauling away brush, bulky trash, or yard trash from the
residence or duplex as a service that was incidental to a maintenance,
delivery, lawn, or home improvement service being provided by the person to the
residence or duplex; or
         (E)   providing recycling services to the premises pursuant to a
written agreement with the owner or occupant of the residence or duplex and was
collecting only recyclable materials that were composed solely of one or more
of the following:
            (i)   newspapers, magazines, catalogs, telephone books, corrugated
cardboard, scrap paper, office paper, or junk mail; or
            (ii)   empty and rinsed aluminum, steel, glass, or recyclable
plastic containers that were only used for the storage or processing of
consumable food or beverage products, medications, or ordinary household
detergents or soaps and that were never used to store or process any hazardous
material or hazardous waste.
      (3)   The city may, through the competitive bid process, contract with a
private solid waste collection service, which is franchised in accordance with
Article IV of this chapter, to provide solid waste collection, including the
collection of recyclable materials, for specific areas designated by the
director of sanitation.
   (b)   Placement of containers for alley collection service. Except as may be
otherwise authorized by the director of sanitation, it shall be unlawful for
any person to place any container within any alley within the city. If a fence
separates the alley from the lot where the container is located, the container
must be placed outside the fence in a manner that protects the container from
overturn or spillage and does not interfere with solid waste collection service
in the alley. A container may not be placed in a rack, and any rack on the
premises may not extend into the alley or interfere with solid waste collection
service in the alley.
   (c)   Placement of garbage or recycling containers for curb collection
service. Where a residence or duplex is designated by the director of
sanitation to be provided with curb collection service, each container must be
placed just behind the curbline of the street abutting such property, but may
not be placed in the street, on the sidewalk, or in any manner where the
container will interfere with vehicular or pedestrian traffic or with solid
waste collection service.
      (1)   Where garbage or recyclable materials are collected from the street
curbline adjacent to the property, a container must be placed there no earlier
than 6:00 p.m. of the afternoon preceding the collection day and must be
removed to a point at the side or rear of the structure not later than 8:00
a.m. of the day following collection.
      (2)   A container must be placed in a manner that protects it from
overturn and spillage.
      (3)   A container may not be placed in a rack, and any rack on the
premises may not extend into the street or sidewalk or interfere with solid
waste collection service.
   (d)   Placement of garbage and recycling containers for packout or drive-in
collection service. Garbage containers and recycling containers must be placed
at locations and under such conditions approved by the director of sanitation
for packout or drive-in collection service by the sanitation services of the
city.
   (e)   Placement of brush and bulky trash. Brush and bulky trash must be
placed just behind the curb line of the street abutting the property from which
the brush and trash originated, or as otherwise designated by the director of
sanitation, but must not be placed:
      (1)   in the street, on the sidewalk, or in any manner that will
interfere with vehicular or pedestrian traffic or with solid waste collection
service;
      (2)   out for collection earlier than the Thursday preceding the
collection week or later than 7:00 a.m. on the Monday of the collection week;
      (3)   within five feet from a rollcart, mailbox, fence or wall, water
meter, telephone connection box, or parked cars;
      (4)   under low hanging tree limbs or power lines;
      (5)   in an alley either paved or unpaved; or
      (6)   in front of a vacant lot or business.
   (f)   Allowable quantity of brush and bulky trash.
      (1)   The quantity of brush and bulky trash set out during a collection
week may not exceed 10 cubic yards, unless the service unit has designated
their monthly collection as their one time per year oversized collection.
      (2)   Limits may be temporarily lifted at the discretion of the director
of sanitation for matters concerning public health and safety.
   (g)   Oversized brush and bulky trash collection.
      (1)   In general. The occupant of a residence or duplex may request one
oversized brush and bulky trash collection per year to occur during one of
their normal collection months. This oversized collection will take the place
of one of the 12 monthly brush and bulky trash collections.
      (2)   Dimensions. An oversized collection may not exceed 20 cubic yards
or consist of more than 10 cubic yards of bulky trash.
      (3)   Request. An occupant of a residence or duplex must submit, either
online or by phone, an oversized collection service request through the city's
311 services requests systems before the beginning of an occupant's normally
scheduled collection week in order to avoid an excessive volume service fee.
      (4)   Fee. Where the quantity of the oversized brush and bulky trash set
out for collection exceeds 20 cubic yards, the set out may be collected and a
fee will be assessed on the dwelling unit's water bill pursuant to a fee set
forth in Section
18-4 (h).
   (h)   Excessive and non-compliant brush and bulky trash service fees.
      (1)   Excessive brush and bulky trash service fees. Where the quantity of
brush and bulky trash set out for collection exceeds 10 cubic yards and a
request for an oversized brush and bulky trash collection was not submitted,
the set out may be collected and a fee will be assessed on the dwelling unit's
water bill. The fee will be assessed at a rate of $60 per five cubic yards,
billed in five cubic yard increments.
      (2)   Non-compliant brush and bulky trash service fees. A dwelling unit
is subject to a service charge for a collection of a non-compliant brush and
bulky trash set out which contains excluded items as defined in Section
18-2 (3), that are with or on top of the set out, or if such items are placed
so close to the set out pile that the items cannot reasonably be removed from
the pile to be collected. A service charge will be placed on the dwelling
unit's water bill. The fee will be assessed at a rate of $60 per five cubic
yards, billed in five cubic yard increments.
      (3)   Violations. Nothing in this subsection prevents the city from
issuing a citation for a violation described in this section. (Ord. Nos. 16367;
19172; 19991; 21058; 21632; 22295; 24000; 24142; 24299; 26960; 28019; 31231;
31332; 32310)
SEC. 18-5.   REGULATING THE COLLECTION AND REMOVAL OF SOLID WASTE MATERIALS
FROM APARTMENTS, INSTITUTIONS, COMMERCIAL ESTABLISHMENTS, AND MOBILE HOME
PARKS.
   (a)   The manual collection of dry or wet solid waste from an apartment,
institution, commercial establishment, or mobile home park shall be performed
by a sanitation services employee only where each container conforms to the
requirements of Section
18-3(b) of this chapter.
   (b)   Brush or trash collection from an apartment, institution, commercial
establishment, or mobile home park shall not be rendered as a packout service
by a sanitation services employee.
   (c)   No person other than a sanitation services employee in the performance
of official duties, shall collect dry or wet solid waste, including salvageable
cardboard, from an area designated by this chapter or by the director of
sanitation as a city waste collection location at an apartment, institution,
commercial establishment, or mobile home park.
   (d)   Solid waste collection from an apartment, institution, commercial
establishment, or mobile home park may be performed by a person who has a solid
waste collection license as provided in
Article IV of this chapter.
   (e)   If an apartment, institution, commercial establishment, or mobile home
park has contracted with a solid waste collection service to perform solid
waste collection, the solid waste collection service shall collect solid waste
that contains putrescible material at least twice every seven days.
   (f)   If not regulated by this chapter, the placement of any container for
collection from an apartment, institution, commercial establishment, or mobile
home park must be approved by the director of sanitation. (Ord. Nos. 16367;
19409; 19991; 21058)
SEC. 18-5.1.   COLLECTION AND REMOVAL OF RECYCLABLE MATERIALS FROM MULTIFAMILY
SITES.
   (a)   General regulations. The owner of a multifamily site shall:
      (1)   provide single stream, dual stream, or valet recycling through
persons holding a multifamily site recycling collection service permit pursuant
to Article IV-a of this chapter.
      (2)   provide recycling container(s) through persons holding a
multifamily site recycling collection service permit pursuant to Article IV-
a of this chapter.
      (3)   provide and place recycling containers in locations within
visibility of waste containers. If valet trash service is provided, the
recycling service should be of a similar nature. If trash chute rooms or trash
rooms are utilized, then the recycling service should be of a similar nature or
should be as convenient for the tenant, such as placing a recycling container
adjacent to the trash chute, if there is adequate space.
      (4)   provide information (e.g. posters, signs) in suitable common areas,
such as mail rooms and laundry facilities, that discusses how to recycle at the
property, including information on the types of recyclable materials that are
acceptable using photos or images, the chasing arrows recycling symbol,
locations of recycling containers, and onsite contact information to report
overflowing recycling containers and contamination. If the property utilizes
valet recycling collection services, then only information regarding how to
recycle and materials accepted is required.
      (5)   educate each tenant on recycling program implementation upon lease
commencement and biannually thereafter of the following:
         (A)   the multifamily site provides access to recycling in accordance
with
Chapter 18 of the Dallas City Code;
         (B)   location of recycling containers;
         (C)   types of recycling materials accepted;
         (D)   information related to proper recycling practices, including
that cardboard boxes should be broken down before placed in recycling
containers;
         (E)   onsite contact information to report overflowing recycling
containers and contamination; and
         (F)   information on how to report waste or recycling problems to the
City of Dallas, utilizing 3-1-1, the 311 app or submitting an online service
request.
      (6)   inform each tenant within 30 days of any significant change in
recycling services to the multifamily site.
      (7)   for multifamily sites offering back-of-house and valet recycling,
provide biannual training (or within 30 days of new employee start date) to
those collecting recyclable materials of the following:
         (A)   types of clean and empty materials accepted in recycling
containers;
         (B)   instruction to break down cardboard boxes before depositing into
recycling containers serviced by a permitted multifamily site recycling
collection service business;
         (C)   for multifamily sites providing valet recycling, instruction to
empty plastic bags before depositing contents into recycling containers
serviced by permitted multifamily site recycling collection service businesses
and instruction to place plastic bags into waste or garbage containers to be
landfilled;
         (D)   location of recycling containers; and
         (E)   onsite contact information for reporting overflowing recycling
containers and contamination.
      (8)   submit an annual recycling plan to the director of sanitation as
set forth in Subsection (g) of this section, along with an affidavit of
compliance as part of the owner's annual multi-tenant registration or on a form
approved by the director of sanitation.
   (b)   Recyclable materials for collection. The owner of a multifamily site
must provide collection for recyclable materials that are consistent with those
materials accepted by the city's residential recycling program, unless
otherwise exempted by the director of sanitation.
   (c)   Recycling collection and capacity. The owner of a multifamily site
must provide recycling container collection capacity equal to or greater than
11 gallons per unit, per week.
   (d)   Recycling containers. A recycling container must:
      (1)   be a roll cart, bin, wheelie bin, dumpster, or compactor. Wheelie
bins, dumpsters, and compactors larger than two yards may have restricted
access to prevent gross contamination; and
      (2)   comply with screening and other applicable regulations in the
Dallas Development Code, as amended.
   (e)   Parking reduction. Minimum parking required for a multifamily site may
be reduced in order to provide adequate space for recycling containers.
   (f)   Implementation.
      (1)   An owner of a multifamily site shall implement a multifamily site
recycling program by January 1, 2020.
      (2)   An owner of a multifamily site applying for a certificate of
occupancy after January 1, 2020, shall immediately comply with this section
upon issuance of the property's certificate of occupancy and submit a recycling
plan with their initial multi-tenant registration application.
   (g)   Recycling plans.
      (1)   The owner of a multifamily site shall submit a recycling plan each
year, as part of their annual multi-tenant registration application, to the
city. Initial recycling plans must be submitted upon the first annual multi-
tenant registration after January 1, 2020. Electronic or hard copy of the
recycling plan information should be available for inspection on site after
January 1, 2020. The recycling plan must include the following information:
         (A)   name of permitted multifamily site recycling collection service
business utilized;
         (B)   types of materials recycled;
         (C)   type, size, location(s), and frequency of recycling container(s)
collection;
         (D)   a site map of the property showing current garbage and recycling
locations, unless valet recycling service is provided and no community
recycling containers are available;
         (E)   notation of any changes to the multifamily site recycling
program in the previous calendar year, including but not limited to changes of
the following: multifamily site recycling collection service business utilized
or method of collection, if applicable; and
         (F)   any other information that the director of sanitation deems
necessary, and is reasonable, to verify compliance with this ordinance or to
enhance program reporting capabilities and other information.
      (2)   The owner of a multifamily site shall maintain records and examples
of materials relevant to meeting the requirements of Section
18-5.1(a)(5) and make records available if requested by the city manager's
designee, or that designee's authorized representative during an on-site
inspection.
      (3)   The director of sanitation may reject a recycling plan if it does
not contain the information specified in this section or meet the minimum
requirements as defined in this section. The owner of a multifamily site shall
submit a revised plan no later than 30 days from notification of the director
of sanitation's determination to reject the plan.
   (h)   Inspection. For any multifamily site, the city manager's designee, or
that designee's authorized representative, may conduct an inspection for
compliance with this section and verify the site's provision of access to
recycling services at any time or when an inspection under Section
27-42, of
Chapter 27 of the Dallas City Code, as amended, is conducted, even if the
multifamily site is not a rental property, as defined in
Chapter 27 of the Dallas City Code, as amended.
   (i)   Exemptions and Implementation Extension.
      (1)   Section
18-5.1(a)(8) does not apply to multifamily sites that have a current contract
with the City of Dallas to receive recycling collection services from the city.
      (2)   The owner of a multifamily site may submit to the director of
sanitation, within 90 days of required recycling program implementation, a
written request for an implementation extension and/or exemption from all or
specifics provisions of the regulations of this section because of the owner's
inability to comply. The director of sanitation will conduct a thorough
evaluation on whether the owner demonstrated an inability to comply with the
ordinance. The owner will receive a determination by the director of sanitation
in writing within 60 days. The director of sanitation's decision will be final.
(Ord. 30879)
SEC. 18-6.   REGULATING THE COLLECTION AND REMOVAL OF SOLID WASTE FROM THE
DOWNTOWN AREA.
   (a)   The collection of solid waste materials from the downtown area, as
described herein, shall be governed by all the rules and regulations pertaining
to apartments, institutions and commercial establishments, except that no solid
waste materials or containers of any kind shall be placed for collection on the
public streets, sidewalks, alleys or easements of the city prior to 6:00 p.m.
and all containers must be removed to a location inside the building situated
on the premises by not later than 10:00 p.m.
   (b)   At any of the establishments in the downtown area where there is
sufficient space between any structure and the alley property line, the
easement property line, or street property line to permit the placing of waste
containers as required by the provisions of this chapter relating to residences
and duplexes, the containers may be placed in such public way at the very
boundary thereof so as to permit the passage of pedestrian and vehicular
traffic, subject to the approval of the director of sanitation. In these
special locations, the owner or occupant of the premises shall remove all
containers immediately after the solid waste material has been collected to a
place within the structure situated on the premises until the next regularly
scheduled time for collection. (Ord. 16367)
SEC. 18-7.   REGULATING THE COLLECTION AND REMOVAL OF DEAD ANIMALS.
   The bodies of dead animals may not be placed in solid waste containers or in
any street, alley, easement, or public way. The collection and removal of dead
animal bodies is a service of the city and will be furnished upon request or
notification by any interested party without charge except that:
      (1)   a fee based on a cost plus rate determined by the director of
sanitation will be charged for the collection and removal of dead animal bodies
from animal clinics; and
      (2)   a fee set forth in Section
18-9(c)(9) of this article will be charged for the collection and removal of
the bodies of large dead animals, including but not limited to horses, cattle,
and other animals of similar size. (Ord. Nos. 16367; 26960)
SEC. 18-8.   SOLID WASTE MATERIALS NOT HANDLED BY CITY SANITATION SERVICES.
   (a)   General. The scope of the service rendered by the city sanitation
services in the collection and removal of solid waste materials is intended, in
general, to serve the normal needs of dwelling units and their directly related
activities, operating businesses, and commercial establishments except as
exempted from the provisions of this chapter. It is considered to be beyond the
scope of such service to collect or remove solid waste materials generated by
clearing, construction, or demolition or any other solid waste materials
resulting from an activity beyond the scope described in this subsection.
   (b)   Materials not collected by city. Solid waste materials that will not
be collected and removed by the city sanitation services as a regular service
include:
      (1)   Trash or debris resulting from construction, demolition,
destruction by fire, or clearance of vacant or improved property in preparation
for construction or occupancy, or similar materials as designated by the
director of sanitation, will not be collected and removed by the city as a
regular service, but these materials must be removed at the expense of the
owner or developer.
      (2)   Industrial wastes resulting from manufacturing or processing
operations, including waste from food and vegetable produce houses, poultry
dressing establishments, and meat processing and meat packing plants, must be
disposed of by the owner or occupant of the building, business, or premises
where the wastes originate in the manner prescribed by state law and any other
applicable ordinance. The director of sanitation shall determine what wastes
fall within the industrial classification described in this subsection.
      (3)   Grass cuttings will not be collected or removed by the city, except
that, from March 15 through April 15 of each calendar year, grass cuttings that
are placed in disposable bags and separated from all other solid waste
materials will be collected and removed by the city, for an additional service
charge that provides the city with full cost recovery, either by using city
sanitation services or by contracting through the competitive bid process with
a private solid waste hauler franchised under
Article IV of this chapter. Each bag used for grass cuttings must be of
watertight, leakproof plastic, must have at least a 1.3 mil thickness, must not
exceed 50 gallons in capacity, and must be secured at the top to prevent
spillage. The combined weight of the grass cuttings and bag must not exceed 50
pounds. Grass cuttings collected will be composted by the city of Dallas and in
no case will any of the cuttings collected be placed in the McCommas Bluff
landfill. City sanitation services will continue to collect and remove brush
and yard trash, other than grass cuttings, from premises within the city.
Nothing in this paragraph prohibits the city from collecting and removing grass
cuttings as part of a code enforcement action against any premises in the city.
(Ord. Nos. 16367; 16697; 21632; 22306; 28019)
SEC. 18-9.   SPECIFYING CHARGES FOR SANITATION SERVICE.
   (a)   Method of charging and billing for sanitation services.
      (1)   A sanitation service charge for garbage and recycling will be made
for the following:
         (A)   All dwelling units in the city that are served with water
delivered under an active water account of the water utilities department of
the city.
         (B)   All dwelling units in the city that are served with wastewater
service only under an active account of the water utilities department of the
city.
         (C)   All commercial properties in the city that can be adequately
serviced with no more than 10 garbage rollcarts and 10 recycling rollcarts and
that are served with water delivered under an active water account of the water
utilities department of the city or that are served with wastewater service
only under an active account of the water utilities department of the city.
         (D)   All commercial properties that are serviced with a single
garbage rollcart. These properties have the option to receive one recycling
rollcart of the same size or greater than the garbage rollcart, at no
additional cost.
         (E)   All property that is served with sanitation services by the city
and that is not specified by Subparagraphs (A), (B), (C), or (D) of this
paragraph. The water utilities department shall bill for sanitation services in
a manner that distinguishes the sanitation charges from water or wastewater
charges.
      (2)   The water utilities department shall bill the person in whose name
the water service or wastewater service account appears. If a sanitation
services customer is not served with water or wastewater service by the city,
the water utilities department shall bill the person in control of the premises
or, if that person is unknown, the owner of the premises. Payment of the fee
for sanitation services is due on or before the date stated on the face of the
customer's bill and is delinquent after that date. A bill is delinquent if not
paid within 15 days from the date it is rendered by the water utilities
department.
      (3)   In addition to all other legal remedies available for the
collection of a debt, the following actions and remedies are authorized for
delinquent payment of the charges authorized in this article:
         (A)   The sanitation services may refuse to pick up and dispose of the
garbage and trash (or rubbish) at the delinquent location;
         (B)   The water and/or wastewater service, if any, serving the
delinquent premises in question may be shut off and terminated.
         (C)   A five percent late payment fee will be added to the total net
bill.
      (4)   All collections by the water utilities department will be applied
first to the water utilities charges, and the customer will be deemed to have
paid such water utilities charges first if any question arises as to how
outstanding balances should be composed and applied.
         (A)   All present water utilities department customers to be billed
under this article will be automatically placed on the billing for sanitation
services charges, regardless of whether or not a written contract exists
between the city and such customers.
         (B)   All present water utilities guaranty deposits upon termination
of wastewater service and/or water service may be applied to any amounts due
either for sanitation services charges or fees of water utilities bills.
         (C)   All water utilities services contracts entered into between the
water utilities department and the customer must contain an agreement that any
guaranty deposit upon termination of wastewater service and/or water service
may be applied to sanitation services fees and charges and to water utilities
charges that have become due.
   (b)   General regulations.
      (1)   Establishment of service charges will be based upon the current use
of the property rather than being based upon the zoning.
      (2)   There will be no proration of service charges for a portion of a
billing period. The initial billing will be made concurrent with the initial
water billing. The final billing for sanitation charges will be for a full
billing period.
      (3)   Except as otherwise set forth in this article, collection service
must be provided by the sanitation services of the city for all residences and
duplexes and for all manual collection from apartments and mobile home parks,
and such service may not be contracted or performed by other than the city's
sanitation services.
      (4)   A commercial property in the city cannot receive service for more
than 10 recycling rollcarts.
         (A)   A commercial property has the option to apply for an exemption
to receive more than 10 recycling rollcarts upon written approval from the
director of sanitation. Approval of the exemption will be at the discretion of
the director of sanitation.
         (B)   The director of sanitation has the discretion to limit a
commercial property to fewer than 10 recycling rollcarts if the property does
not have adequate space or if the property cannot reasonably be provided with
recycling service.
      (5)   A commercial property in the city cannot receive service for more
than 10 garbage rollcarts.
         (A)   A commercial property has the option to apply for an exemption
to receive more than 10 garbage rollcarts upon written approval from the
director of sanitation. Approval of the exemption will be at the discretion of
the director of sanitation.
         (B)   The director of sanitation has the discretion to limit a
property to fewer than 10 garbage rollcarts if the property does not have
adequate space or if the property cannot reasonably be provided with garbage
service.
      (6)   Commercial establishments that are located within a 1.5-mile radius
of Dallas City Hall may receive more than one garbage and recycling collection
per week by sanitation services. Commercial establishments that are located
outside of a 1.5-mile radius of Dallas City Hall may receive more than one
garbage and recycling collection per week by the sanitation services of the
city only if the director of sanitation agrees in writing.
      (7)   A commercial property shall comply with the following requirements
when using a recycling rollcart:
         (A)   The rollcart must not be overloaded to the point where spillage
occurs from overflow, wind, or handling.
         (B)   The rollcart must be closed or secured at the top to prevent
spillage.
         (C)   Only recyclable materials may be placed in a recycling rollcart.
A recycling rollcart that is used for non-recyclable materials or that contains
a significant amount of non-recyclable materials may be removed from the
premises at the direction of the director of sanitation.
         (D)   A recycling rollcart must be placed on the curb in accordance
with Section
18-3(a) and Section
18-4(c). A recycling rollcart that is not kept clean or that causes a nuisance
may be removed from the premises at the direction of the director of
sanitation.
      (8)   The director may provide for alternative solid waste collection
service to a customer, if the director determines that the customer cannot be
adequately serviced with the standard collection service.
   (c)   Schedule of service charges.
      (1)   The collection service charge for a residence or duplex is as
follows:
         (A)   Alley or curb collection service for municipal solid waste -
$37.98 per dwelling unit per month for one roll-cart, plus $14.69 per month for
each additional garbage roll-cart requested by the owner or occupant of the
premises.
         (B)   Packout or drive-in collection service for municipal solid waste
- $132.29 per dwelling unit per month for one roll-cart, plus $14.69 for each
additional garbage roll-cart requested by the owner or occupant of the
premises.
         (C)   Effective October 1, 2022, the owner or occupant of a dwelling
unit with one rollcart for recyclable materials may request one additional
rollcart for recyclable materials from the director of sanitation for no
additional fee. Dwelling units with two or more rollcarts for recyclable
materials may request additional rollcarts for recyclable materials for a one-
time processing and handling fee for $50.00 per rollcart, which will be applied
to the dwelling unit's water account.
      (2)   The collection service charge for an apartment or a mobile home
park that receives manual collection service from the sanitation services of
the city is as follows:
         (A)   Alley, curb, or drive-in collection service for municipal solid
waste - $37.98 per apartment unit or mobile home space per month.
         (B)   Packout collection service for municipal solid waste - $132.29
per apartment unit or mobile home space per month.
      (3)   A monthly collection service charge will be made for all commercial
establishments for collection service provided by the sanitation services of
the city as follows:
   TABLE OF MONTHLY CHARGES
   (Garbage & Recycling, per Section
18-9(b)(6), more than once a week)
   A multiplier will be used for multiple carts.
 
                   NUMBER OF COLLECTIONS PER WEEK*
                   1      2      3       4       5       6       7
96-gallon RollCarts $40.06 $80.12 $120.18 $160.24 $200.30 $240.36 $280.42
 
      (4)   A monthly recycling-only collection service charge will be made for
all commercial properties for weekly collection service provided by the
sanitation services of the city as follows:
TABLE OF MONTHLY CHARGES
(Recycling-Only Service, Outside of the Central Business District)
A multiplier will be used for multiple carts.
 
NUMBER OF COLLECTIONS PER WEEK
                    1      2      3      4       5       6       7
96-gallon RollCarts $26.04 $52.09 $78.13 $104.17 $130.20 $156.24 $182.28
 
      (5)   Extraordinary collection and removal service is as follows:
         (A)   A cost plus rate of $60 per five cubic yards, billed in five
cubic yard increments for materials set out for collection in advance or after
the period designed by the director of sanitation, as described in Section
18-4(e), as amended, and for materials not included in the regular collection
service as described in Section
18-8, as amended.
         (B)   The director of sanitation may provide an out-of-cycle
collection of garbage and recyclable materials from rollcarts owned and
provided by the city, upon a customer's request through the city's 311 system,
for a fee of $25 for garbage and $25 for recyclable materials. In the event a
customer submits a service request through the city's 311 system claiming
regular collection services were missed, and the director of sanitation later
determines through vehicle on-board camera systems that the rollcart(s) in
question were not set out at the prescribed time of collection, or did not
comply with the requirements of Sections
18-3 or
18-4 of this article, the director of sanitation may assess a collection fee of
$25 for garbage and $25 for recyclable materials to the dwelling unit's water
account.
      (6)   Miscellaneous collection service charges will be as follows:
         (A)   Public housing may be charged as apartments.
         (B)   Churches, clinics, hospitals, public buildings, and schools will
be charged as commercial locations.
      (7)   The service charge for the collection and removal of grass cuttings
from any premises is:
         (A)   $1.50 per bag, if the service is performed by city sanitation
services; and
         (B)   an amount specified by city contract, if the service is
performed by a contractor selected by the city under Section
18-8(b)(3), as amended.
      (8)   Packout or drive-in service for certain handicapped persons meeting
uniform requirements specified by the director of sanitation will be provided
at the rate for alley or curb collection service. Any applicant for a reduced
rate under this subparagraph who intentionally makes any misrepresentation in
any written statement required by such uniform requirements is guilty of an
offense and, upon conviction, is punishable by a fine not to exceed $500.
      (9)   The fee for replacement of a rollcart that is lost or damaged due
to a customer's negligence is $67.90 for a garbage rollcart or $70.81 for a
recycling rollcart.
      (10)   Large dead animals, including but not limited to horses, cattle,
and other animals of similar size, will be picked up by the city for a fee of
$125 per animal.
      (11)   Construction debris may be collected for a fee as part of a non-
compliant brush and bulky trash collection as outlined in Section
18-4(h)(2) or as a cost plus rate as outlined in Section
18-9(c)(5). Loose or small construction debris such as roofing materials,
shingles, brick, concrete, stone, drywall, insulation, glass, masonry
materials, and other materials designated in writing by the director of
sanitation will not be collected by the department of sanitation services.
   (d)   A person claiming entitlement to a refund of sanitation services paid
to the city must notify the director of sanitation of the claim within 180 days
from the date the disputed payment was received by the city. (Ord. Nos. 16367;
16435; 16697; 17133; 17545; 17987; 19300; 19409; 19963; 19991; 20736; 21058;
21431; 21632; 21819; 22206; 22306; 22565; 22906; 24743; 25048; 25384; 25754;
26134; 26478; 26960; 27353; 27695; 28019; 29149; 29477; 29879; 29879; 30215;
30653; 30993; 31231; 31332, 31657; 32003; 32310; 32556)
SEC. 18-10.   REGULATING THE PROCESSING AND DISPOSAL OF SOLID WASTE MATERIALS.
   (a)   General regulations.
      (1)   A person commits an offense if he disposes of dry or wet solid
waste or other waste materials inside the city, other than at a location and in
a manner approved by the director of sanitation as complying with federal,
state, and local law regulating solid waste processing and disposal. The owner,
occupant, or person in control of premises to which illegally-deposited solid
waste is traced is presumed to have illegally disposed of or caused the illegal
disposal of the solid waste. If a vehicle is used to illegally dispose of solid
waste, the owner of the vehicle is presumed to have illegally disposed of or
authorized the illegal disposal of the solid waste. Proof of ownership of a
vehicle may be made by a computer- generated record of the registration of the
vehicle with the Texas Department of Public Safety 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.
      (2)   The director of sanitation shall be responsible for determining
disposal procedures, authorized users, and methods of operation at municipal
transfer stations and landfill sites inside the city.
      (3)   The director of sanitation shall have authority to approve the
establishment and make inspections of non-municipal landfill sites inside the
city to ensure compliance with federal, state, and local law regulating the
establishment and operation of landfill sites.
      (4)   The director of sanitation shall have authority to regulate traffic
at the city’s transfer stations and landfill sites. Designated employees of the
department of sanitation services shall direct traffic by voice, hand, or
signal at the transfer stations and landfill sites. A person commits an offense
if he fails or refuses to comply with a traffic directive of a designated
employee of the department of sanitation services. A designated employee of the
department of sanitation services may cause the removal from a transfer station
or landfill site of any person or vehicle in violation of this paragraph.
   (b)   Processing and disposal of solid waste materials by private persons,
firms, or corporations will be permitted only after application has been made
to, and approved by, the director of sanitation as complying with all
applicable city, county, state, and federal regulations pertaining to solid
waste processing and disposal operations, and all fees required by this article
have been paid.
      (1)   The director of sanitation shall have authority to curtail,
temporarily suspend, or permanently halt any solid waste processing or disposal
operation being conducted by any private person, firm, or corporation that does
not conform to the requirements of city, county, state, or federal regulations
pertaining to solid waste processing and disposal operations or that in any
manner jeopardizes the public health, safety, and welfare. The director of
sanitation shall have authority to maintain curtailment or suspension
restrictions until, in the director’s judgment, adequate measures have been
taken to assure that removal of the restrictions will not jeopardize the public
health, safety, or welfare.
      (2)   The director of sanitation shall have authority to cause to be
rejected for processing or disposal any material that, in the director’s
judgment, would create a nuisance by reason of emission or disagreeable odors
or would operate to make the processing or disposal facilities unwholesome or
adversely affect the public health, safety, and welfare.
   (c)   Processing and disposal of solid waste materials by the city.
      (1)   A person commits an offense if he takes, removes, or carries away
from any processing or disposal facility operated by the city any garbage,
trash, or other solid waste material, article, thing, or object situated on the
facility, whether or not the thing has monetary value, without prior written
permission and approval of the director of sanitation. In prosecutions for this
offense, it is not necessary to describe the thing taken, removed, or carried
away other than as generally described in this subsection or as “article,”
“thing,” or “item,” and it is not necessary to allege that the thing had
“value.”
      (2)   The director of sanitation shall have authority to designate those
processing or disposal sites operated by the city that will be open to public
access and those that will not be open to public access. (Ord. Nos. 16367;
20599; 24743)
SEC. 18-11.   SPECIFYING CHARGES FOR DISPOSAL OF SOLID WASTE MATERIALS.
   (a)   The following disposal service charges are established for disposing
of municipal solid waste at the Northwest (Bachman) Transfer Station:
      (1)   Earth, rocks, and inert material will not be accepted at the
station.
      (2)   Passenger cars, station wagons, pickups, and trailers less than 15
feet long that are used by Dallas city residents to haul their own waste from
their residences to the station - no charge. (A current, valid Texas driver's
license showing a Dallas address or a current Dallas water utilities bill is
required as proof of residency.)
      (3)   Trucks or trailers with a cargo bed length of 25 feet or greater or
truck-tractors with semi-trailers are prohibited from using the Northwest
(Bachman) transfer station, unless specifically permitted in writing by the
director of sanitation.
      (4)   Roll-off containers, whether open top or compactor, and compactor
trucks or other trucks carrying compacted or baled refuse are prohibited from
using the Northwest (Bachman) transfer station, unless specifically permitted
in writing by the director of sanitation.
      (5)   The charge for all materials accepted at the transfer station is
$63.43 per ton based on the transfer station weighing system, with a minimum
charge of $63.43 for any load that is less than one ton. Each ton shall be
assessed an additional $2.00 per ton customer processing fee for each
individual load paid and processed by a cashier upon entering the transfer
station.
      (6)   Whenever the transfer station weighing system is inoperable during
a delivery of solid waste the tonnage will be estimated by the city on the
basis of the full capacity of the vehicle delivering the solid waste.
      (7)   Effective January 1, 2023, an environmental fee will be applied to
all commercial disposal customers at $2.00 per ton with a minimum charge of
$2.00 for any load that is less than one ton.
   (b)   The following disposal service charges are established for disposing
of municipal solid waste at city landfill sites:
      (1)   Passenger cars, station wagons, pickups, and trailers less than 15
feet long that are used by Dallas city residents to haul their own waste from
their residences to a city landfill site - no charge. (A current, valid Texas
driver's license showing a Dallas address or a current Dallas water utilities
bill is required as proof of residency.)
      (2)   Except as provided in Subsection (b)(3), the charge for all
materials accepted at a city landfill site is $38.80 per ton based on the
landfill weighing system, with a minimum charge of $38.80 for any load that is
less than one ton. Each ton shall be assessed an additional $2.00 per ton
customer processing fee for each individual load paid and processed by a
cashier upon entering the landfill.
      (3)   Soils accepted at the city landfill that can be reused for landfill
cover or other beneficial reuse projects will be charged $3.00 per ton based on
the landfill weighing system, with a minimum charge of $3.00 for any load that
is less than one ton. Each ton of soil shall be assessed an additional $2.00
per ton customer processing fee for each individual load paid and processed by
a cashier upon entering the landfill. Prior to arrival at the landfill, soil
must be pre-approved through the special waste application process.
      (4)   Whenever the landfill weighing system is inoperable during a
delivery of solid waste or soil the tonnage will be estimated by the city on
the basis of the full capacity of the vehicle delivering the solid waste or
soil.
      (5)   A fee of $54.00 per load will be charged for the use of city
equipment, when available, to off-load bundled waste by pulling it with cables,
chains, or other devices. City equipment will be used at the customer's own
risk, with the city assuming no liability for any resulting damage. Non-city
vehicles are prohibited from pulling loads off of other vehicles at a city
landfill site.
      (6)   The fee for use of the city's mechanical tipper to off-load tractor
trailer loads is $100.00 per use.
      (7)   Collection vehicles not constructed with an enclosed transport body
must use nets, tarpaulins, or other devices to prevent accidental spillage. A
cover fee of $40 will be charged for any collection vehicle (other than a
pickup truck) that enters the landfill without being so equipped.
      (8)   Tires exceeding 25 inches in diameter will not be accepted at a
city landfill site.
      (9)   Effective January 1, 2023, an environmental fee will be applied to
all commercial disposal customers at $2.00 per ton with a minimum charge of
$2.00 for any load that is less than one ton.
   (c)   The director of sanitation may enter into a disposal service contract
with a solid waste collection service (as defined in Section 18-29 of this
chapter) to provide for volume delivery of solid waste to the landfill on an
annual basis for a discounted disposal service charge, subject to the following
rules and conditions:
      (1)   The disposal service contract must be in writing, on a form
approved by the director of sanitation and the city attorney's office. The term
of the contract may not be longer than five years. The contract must be
authorized by administrative action and must be signed by the city manager and
approved as to form by the city attorney.
      (2)   The disposal service contract must provide for a guaranteed annual
tonnage of solid waste of not less than 5,000 tons to be disposed of at the
landfill. If the landfill weighing system is inoperable during a delivery of
solid waste under the contract, the tonnage will be estimated by the city on
the basis of the full capacity of the vehicle delivering the solid waste in
accordance with Subsection (b)(4).
      (3)   The director of sanitation is not required to enter into a disposal
service contract under this subsection if the director determines that:
         (A)   the useful life of the landfill would be adversely affected; or
         (B)   it is not practical to enter into a proposed disposal service
contract for engineering, operational, or financial reasons.
      (4)   Payment of the disposal service charge under a disposal service
contract will be calculated in accordance with the terms of the contract and
this subsection. The initial disposal service charge for each solid waste
disposal contract entered into pursuant to this subsection will be the disposal
service charge in effect under Subsection (b)(2) on the date the contract is
executed. On October 1 of each calendar year, the disposal service charge may
be increased by the percent change, if any, between the June consumer price
index for the current calendar year and the June consumer price index for the
prior calendar year, except that the annual increase in the disposal service
charge may not exceed six percent during any calendar year. The percent change
will be determined by the director using The Consumer Price Index for All Urban
Consumers (CPI-U) for the South Region for All Items, 1982- 84=100, published
by the United States Department of Labor, Bureau of Labor Statistics. This
Consumer Price Index adjustment to the disposal service charge will only be
applied if there is an equal or greater percentage increase in the disposal
service charge in effect under Subsection (b)(2) for the next fiscal year. The
contractor must pay the disposal service charge on a monthly basis. At the end
of each contract year, the director of sanitation shall perform a
reconciliation to determine the actual tonnage of solid waste disposed of at
the landfill under the contract in that contract year and to make any
adjustments to the amounts finally owed by the contractor.
      (5)   In consideration of the agreement of a solid waste collection
service to guarantee the disposal of an annual tonnage of solid waste at the
landfill pursuant to a disposal service contract, consistent with market rates,
the director of sanitation may provide a discount from the disposal service
charge required under Subsection (c)(4) of this section.
      (6)   If the contractor fails to dispose of the annual tonnage of solid
waste at the landfill as guaranteed under the contract, the contractor must
still pay the discounted disposal service charge for the entire annual tonnage
guaranteed.
      (7)   If the director of sanitation determines that the contractor has
disposed of an amount of solid waste at the landfill that exceeds the annual
tonnage guaranteed under the contract, the director shall charge a disposal
service charge for that excess tonnage of solid waste using the same percentage
of discount applied to the guaranteed annual tonnage under the contract.
      (8)   Whenever the contractor delivers a load of solid waste to the
landfill that is less than one ton, the contractor will be charged the
discounted disposal service charge for one ton of solid waste.
   (d)   Disposal service charges are payable by any of the following methods:
      (1)   cash at the disposal site;
      (2)   credit or debit cards, under conditions established by the city; or
      (3)   monthly billing for commercial haulers upon approval of the
director of sanitation and under such conditions as may be established by the
director of sanitation and approved by the city attorney.
   (e)   A person engaged in a special residential cleanup effort may apply to
the director of sanitation for a waiver of the disposal service charge. The
director of sanitation may approve the application and waive the disposal
service charge if the director finds that the cleanup effort is being conducted
within a residential area of the city and not for profit.
   (f)   A person who refuses to pay a disposal service charge required by this
section or who breaches a term or condition of a disposal service contract
entered into under Subsection (c) may not deposit any waste at a city transfer
station or landfill site. (Ord. Nos. 16367; 16697; 17133; 18876; 19300; 20448;
20838; 21058; 21431; 21819; 22206; 22565; 24743; 25754; 26960; 27092; 27203;
27353; 27934; 28019; 29039; 29477; 30215; 30993; 31332; 31396, 31657; 32003;
32310; 32556)
SEC. 18-12.   REGULATING THE COLLECTION AND REMOVAL OF ILLEGALLY DUMPED SOLID
WASTE MATERIALS ON PRIVATE PREMISES.
   (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)   PREMISES means the lot, plot, or parcel of land, plus the front or
side parkway between the property line or sidewalk and the curb or traveled
way, and the rear or side parkway between the property line and the center line
of an adjacent alley.
   (b)   An owner, occupant, or person in control of private premises commits
an offense if he places, deposits, or throws; permits to accumulate; or permits
or causes to be placed, deposited, or thrown, solid waste material on those
premises in a manner or location that is in violation of this article.
   (c)   City authorized to collect and remove solid waste materials. Upon the
failure of the owner, occupant, or person in control of private premises to
comply with Subsection (b) of this section, or upon the written request and
authorization of the owner after notification under Subsection (d) of this
section, or upon a determination by the city health officer that the conditions
constitute an immediate health hazard, the director shall have the solid waste
materials collected and removed from the premises.
   (d)   Notice to remove.
      (1)   Before removing illegally-deposited solid waste material from
private premises, the director must notify the owner of the premises to remove
the solid waste material within seven days. This notice must be in writing and
may be served by handing it to the owner in person or by sending it United
States regular mail, addressed to the owner at the owner’s address as recorded
in the appraisal district records of the appraisal district in which the
premises are located.
      (2)   If personal service to the owner cannot be obtained, then the owner
may be notified by:
         (A)   publication at least once in the official newspaper adopted by
the city council;
         (B)   posting the notice on or near the front door of each building on
the premises to which the violation relates; or
         (C)   posting the notice on a placard attached to a stake driven into
the ground on the premises to which the violation relates.
      (3)   If the director mails a notice to a property owner in accordance
with Subsection (d)(1) and the United States Postal Service returns the notice
as “refused” or “unclaimed,” the validity of the notice is not affected, and
the notice is considered as delivered.
      (4)   In a notice provided under this section, the director may, by
regular mail and by a posting on the property, inform the owner of the property
on which the violation exists that, if the owner commits another violation of
the same kind or nature that poses a danger to the public health and safety on
or before the first anniversary of the date of the notice, the city may,
without further notice, correct the violation at the owner’s expense and then
assess the expense against the property. If a violation covered by a notice
under this subsection occurs within the one-year period, and the city has not
been informed in writing by the owner of a change in ownership of the property,
then the city may, without notice, take any action permitted by Subsection (c)
of this section and assess its expenses as provided in Subsection (e) of this
section.
      (3)   Notice under this subsection is not necessary when the solid waste
material is determined by the director to be an immediate health hazard.
   (e)   Charge to be levied and collected by the city for solid waste material
collection and removal. If the city collects and removes solid waste materials
from private premises at the request of the owner or upon failure of the owner
to comply with the notice required under Subsection (d) of this section,
charges in the amount of the total actual costs incurred by the city in
performing the work will be collected from the owner or levied, assessed, and
collected against the premises on which the work is performed. The charges will
be collected by the city controller. The city controller shall file a statement
by the director with the county clerk of the county in which the property is
located setting out the total actual costs incurred by the city, the name of
the property owner if known, and a legal description of the property, as
required by state law. At the time the statement is filed, the city shall have
a privileged lien on the premises involved, second only to tax liens and liens
for street improvements, in the amount of the actual costs incurred, plus 10
percent interest on that amount from the date the costs were incurred. The city
may file a suit in an appropriate court of law to foreclose upon its lien and
recover its actual costs incurred plus interest. The suit must be filed in the
name of the city. The statement filed under this subsection, or a certified
copy of the statement, is prima facie proof of the amount of actual costs
incurred by the city.
   (f)   The director may issue citations and prosecute persons for violating
Subsection (b) regardless of whether a notice is issued under this section.
(Ord. Nos. 16367; 17226; 19963; 20599; 21025; 22026; 22334; 22494; 25371;
27697)
SEC. 18-12.1.   PENALTIES FOR VIOLATION.
   (a)   A person who violates a provision of this article, or who fails to
perform a duty required of him by this article, commits an offense. A person 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 as provided in Subsection (c), an offense under this article is
punishable by a fine of not more than $2,000 or less than:
      (1)   $50 for a first conviction of any violation of this article except
Section
18-4(e)(1),
18-5(c),
18-8(b)(1),
18-12(b), or
18-10;
      (2)   $150 for a first conviction of a violation of Section
18-4(e)(1);
      (3)   $100 for a first conviction of a violation of Section
18-5(c),
18-8(b)(1), or
18-12(b); and
      (4)   $200 for a first conviction of a violation of Section
18-10.
   (c)   An offense under section
18-4(c)(1) is punishable by a fine of not more than $500 or less than $50. An
offense under Section
18-4(e)(2) is punishable by a fine of not more than $500 or less than $150. An
offense under Section
18-5.1(a)(1) is punishable by a fine of not more than $500 or less than $150.
Each day's violation shall constitute a separate offense and will be subject to
the fines established in this section.
   (d)   The minimum fines established in Subsections (b) and (c) 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) or (c), whichever applies.
   (e)   Except where otherwise specified in this code, a culpable mental state
is not required for the commission of an offense under this article.
   (f)   As an alternative to imposing the criminal penalty prescribed in
Subsection (b) or (c), 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 article. The alternative
administrative penalty range for an offense is the same as is prescribed for a
criminal offense in Subsection (b) or (c), whichever applies. (Ord. Nos. 20599;
22334; 25927; 26274; 30879, eff. 1-1-19)
ARTICLE II.
WEEDS, GRASS, AND VEGETATION.
SEC. 18-13.   GROWTH TO CERTAIN HEIGHT PROHIBITED; OFFENSES.
   (a)   A person commits an offense if he is an owner, occupant, or person in
control of occupied or unoccupied premises in the city and:
      (1)   permits weeds or grass located on the premises to grow to a height
greater than 12 inches; or
      (2)   fails to remove weeds or grass from the premises after they have
been cut.
   (b)   It is a defense to prosecution under:
      (1)   Subsection (a)(1) that the weeds and grass are maintained at or
below a height of 12 inches at all points on the premises within 100 feet of
its perimeters; and
      (2)   Subsection (a)(2) that the weeds and grass have been mulched,
raked, or composted in a manner approved by the director.
   (c)   For purposes of this article, PREMISES means the lot, plot, or parcel
of land, plus the front or side parkway between the property line or sidewalk
and the curb or traveled way, and the rear or side parkway between the property
line and the center line of an adjacent alley. (Ord. Nos. 13796; 17597; 17985;
20599; 21632; 26585)
SEC. 18-14.   DUTY TO PREVENT WEEDS, GRASS, OR VEGETATION FROM BECOMING A
NUISANCE OR FIRE HAZARD.
   Every owner, occupant, or person in control of any occupied or unoccupied
premises in the city shall use every precaution to prevent weeds, grass, or
other vegetation from growing on the premises so as to become a nuisance or
fire hazard. (Ord. Nos. 13796; 17597; 20599; 22413; 26585)
SEC. 18-14.1.   VEGETATION IN ALLEY, STREET, OR SIDEWALK.
   (a)   An owner, occupant, or person in control of any private premises
abutting an alley, street, or sidewalk within the city commits an offense if he
allows any vegetation, including, but not limited to, trees, shrubbery, bushes,
and vines, to grow on the premises so as to project across the property line
over or into the right-of-way of the alley, street, or sidewalk.
   (b)   It is a defense to prosecution under Subsection (a) that:
      (1)   the vegetation consisted solely of weeds or grass not more than 12
inches high;
      (2)   no part of the vegetation projected over or into the alley or
street at a height of less than 15 feet above the ground; or
      (3)   no part of the vegetation projected over or into the sidewalk at a
height of less than eight feet above the ground, except that this defense does
not apply if the vegetation obstructed the visibility of a traffic control
sign, signal, or device or interfered with garbage or trash collection adjacent
to the sidewalk.
   (c)   Vegetation growing in violation of this section is a nuisance and may
be abated by the city in accordance with Section
18-17 of this article. (Ord. Nos. 20599; 22413; 25979; 26585)
SEC. 18-15.   ENFORCEMENT.
   (a)   For the purposes of this article, 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)   The director shall enforce the provisions of this article; provided,
that where a fire hazard exists, the provisions of Sections
18-13,
18-14, and
18-14.1 must be enforced by the fire marshal. (Ord. Nos. 13796; 17226; 20599;
26585)
SEC. 18-16.   PENALTIES FOR VIOLATION.
   (a)   A person who violates a provision of this article, or who fails to
perform a duty required of him under this article, commits an offense. A person
is guilty of a separate offense for each day or part of a day during which a
violation is committed, continued, or permitted.
   (b)   An offense under this article is punishable by a fine of not more than
$2,000 and, upon a first conviction, not less than $50.
   (c)   The minimum fine established in Subsection (b) 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).
   (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 article. The alternative
administrative penalty range for an offense is the same as is prescribed for a
criminal offense in Subsection (b).
   (e)   The culpable mental state required for the commission of an offense
under this article is governed by Section
1-5.1 of this code. (Ord. Nos. 20599; 25927; 26585)
SEC. 18-17.   CITY REMOVAL OF WEEDS AND VEGETATION UPON FAILURE OF OWNER,
OCCUPANT, OR PERSON IN CONTROL TO DO SO; NOTICE REQUIRED.
   (a)   Upon the failure of the owner, occupant, or person in control of
private premises to comply with Section
18-13 of this article, the director shall have the weeds or grass cut, mulched
or raked, and removed from the premises.
   (b)   Upon the failure of the owner, occupant, or person in control of
private premises abutting an alley, street, or sidewalk within the city to
comply with Section
18-14.1 of this article, the director shall have the noncomplying vegetation
cut or trimmed, and removed from the alley, street, or sidewalk, whichever
applies.
   (c)   Before performing work, or causing work to be performed, under
Subsection (a) or (b), the director must notify the owner of the premises to
bring the premises into compliance within seven days. The notice must be in
writing and may be served by handing it to the owner in person or by sending it
United States regular mail, addressed to the owner at the owner’s address as
recorded in the appraisal district records of the appraisal district in which
the premises are located.
   (d)   If personal service to the owner cannot be obtained, 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 premises to which the violation relates; or
      (3)   posting the notice on a placard attached to a stake driven into the
ground on the premises to which the violation relates.
   (e)   If the director mails a notice to a property owner in accordance with
Subsection (c) and the United States Postal Service returns the notice as
“refused” or “unclaimed,” the validity of the notice is not affected, and the
notice is considered as delivered.
   (f)   In a notice provided under this section, the director may, by regular
mail and by a posting on the property, inform the owner of the property on
which the violation exists that, if the owner commits another violation of the
same kind or nature that poses a danger to the public health and safety on or
before the first anniversary of the date of the notice, the city may, without
further notice, correct the violation at the owner’s expense and then, in the
case of a violation of Section
18-13, assess the expense against the property. If a violation covered by a
notice under this subsection occurs within the one-year period, and the city
has not been informed in writing by the owner of a change in ownership of the
property, then the city may, without notice, take any action permitted by
Subsection (a) or (b) and assess its expenses as provided in Section
18-18.
   (g)   The director may issue citations and prosecute persons for violating
Section
18-13 or
18-14.1 regardless of whether a notice is issued under this section. (Ord. Nos.
13796; 17226; 17597; 20599; 21025; 22494; 25371; 26585)
SEC. 18-18.   CHARGES TO BE COLLECTED FROM THE PROPERTY OWNER; LIEN ON PREMISES
FOR FAILURE TO PAY CHARGES.
   (a)   If the city cuts, mulches, rakes, or removes weeds or grass on or from
private premises under Section
18-17(a) or cuts, trims, or removes vegetation projecting over or into an
alley, street, or sidewalk right-of-way under Section
18-17(b) (either at the request of the owner or upon the failure of the owner
to comply with the notice required under Section
18-17), charges in the amount of the total actual costs incurred by the city in
performing the work will be collected from the owner by the city controller. If
the work was performed under Section
18-17(a), the charges may be levied, assessed, and collected against the
premises on which the work is performed, and the city controller shall file a
statement by the director with the county clerk of the county in which the
property is located setting out the total actual costs incurred by the city,
the name of the property owner if known, and a legal description of the
property, as required by state law.
   (b)   At the time a statement is filed under Subsection (a) for work
performed under Section
18-17(a), as required by state law, the city shall have a privileged lien
against the premises, second only to tax liens and liens for street
improvements, in the amount of the actual costs incurred, plus 10 percent
interest on that amount from the date the costs were incurred.
   (c)   The city may file a suit in an appropriate court of law to foreclose
upon its lien and recover its actual costs incurred plus interest. The suit
must be filed in the name of the city. The statement filed under Subsection
(a), or a certified copy of the statement, is prima facie proof of the amount
of actual costs incurred by the city. (Ord. Nos. 13796; 15900; 16367; 17226;
17597; 20599; 22026; 22494; 25371; 26585)
ARTICLE III.
JUNKED VEHICLES.
SEC. 18-19.   DEFINITIONS.
   In this article:
      (1)   ANTIQUE VEHICLE means any passenger car or truck that:
         (A)   was manufactured in 1925 or before; or
         (B)   is at least 35 years old.
      (2)   COLLECTOR means the owner of one or more antique or special
interest vehicles who collects, purchases, acquires, trades, or disposes of
special interest or antique vehicles or parts of them for personal use in order
to restore, preserve, and maintain an antique or special interest vehicle for
historic interest.
      (3)   DIRECTOR means the director of the department designated by the
city manager to enforce and administer this article or the director’s
authorized representative.
      (4)   INOPERATIVE or INOPERABLE means incapable of being propelled on its
own power due to dismantling, disrepair, or some other cause.
      (5)   JUNKED VEHICLE means any motor vehicle, as defined in Section 5.01
of Article 4477-9a, Vernon’s Texas Civil Statutes, as amended, that:
         (A)   is inoperative; and
         (B)   does not have lawfully affixed to it either an unexpired license
plate or a valid motor vehicle safety inspection certificate; is wrecked,
dismantled, partially dismantled, or discarded; or remains inoperable for a
continuous period of more than 45 days.
      (6)   SPECIAL INTEREST VEHICLE means a motor vehicle of any age that has
not been altered or modified from original manufacturer’s specifications and,
because of its historic interest, is being preserved by hobbyists. (Ord. Nos.
13900; 14494; 15720; 17226; 20599)
SEC. 18-20.   DEEMED PUBLIC NUISANCE; DECLARED UNLAWFUL.
   (a)   The presence of any junked vehicle on any private lot, tract, or
parcel of land, occupied or unoccupied, improved or unimproved, or on any
public right-of-way or other public property, within the city, is a public
nuisance.
   (b)   A person commits an offense if he causes or maintains such a public
nuisance by wrecking, dismantling, partially dismantling, rendering inoperable,
abandoning, or discarding a motor vehicle on a public right-of-way or other
public property or on the real property of another or permits a junked vehicle
to be parked, left, or maintained on personal real property.
   (c)   If the director reasonably believes that a vehicle is inoperable, the
director may request the owner or person claiming control of the vehicle to
demonstrate that it is operable. (Ord. Nos. 13900; 14494; 15720; 20599)
SEC. 18-21.   EXCEPTIONS.
   This article does not apply to:
      (1)   a vehicle or vehicle part that is completely enclosed within a
building in a lawful manner where it is not visible from the street or other
public or private property;
      (2)   a vehicle on the premises of a business enterprise operated in a
lawful manner, when necessary to the operation of the business enterprise;
      (3)   a vehicle or vehicle part in an appropriate storage place or
depository maintained at a location officially designated and in a manner
approved by the city;
      (4)   an unlicensed, operable, or inoperable antique or special interest
vehicle stored by a collector on the collector’s property, if the vehicle and
the outdoor storage area are maintained in such a manner that they do not
constitute a health hazard and are screened from ordinary public view by means
of a fence, rapidly growing trees, shrubbery, or other appropriate means;
      (5)   a motor vehicle in operable condition specifically adapted or
constructed for racing or operation on privately-owned drag strips or raceways;
or
      (6)   a motor vehicle stored as the property of a member of the armed
forces of the United States who is on active duty assignment. (Ord. Nos. 13900;
14494; 15720; 20599; 22413)
SEC. 18-22.   NOTICE TO ABATE NUISANCE.
   (a)   Whenever a public nuisance exists on public property, on occupied
premises, or on the public right-of-way adjacent to occupied premises within
the city in violation of Section
18-20, the director shall order the owner, if the owner is in possession of the
premises, or the occupant of the premises, to abate or remove the nuisance.
   (b)   Whenever a public nuisance exists on unoccupied premises or on the
public right-of-way adjacent to unoccupied premises within the city in
violation of Section
18-20, and the owner of the premises can be found, the director shall order the
owner of the premises to abate or remove the nuisance.
   (c)   An order issued under Subsection (a) or (b) shall be served upon the
last known registered owner of the junked vehicle and any lienholder of record
and to the owner or, if the premises are occupied, the occupant of the premises
on which the public nuisance exists or the premises adjacent to the public
right-of- way on which the public nuisance exists by sending the order by
certified mail, five-day return receipt requested, to their addresses as shown
on the current city tax rolls or as last recorded with the United States Post
Office. If the post office address of the last known registered owner of the
junked vehicle is unknown, the order to that person may be placed on the junked
vehicle, or, if that person is physically located, the order may be hand
delivered. The order shall:
      (1)   be in writing;
      (2)   specify the public nuisance and its location;
      (3)   specify the corrective measures required;
      (4)   provide for compliance within 10 days after service of notice; and
      (5)   state that a request for a hearing must be made before expiration
of the 10-day period for compliance.
   (d)   If the last known registered owner of the junked vehicle, any
lienholder of record, and the owner or, if the premises are occupied, the
occupant of the premises all fail or refuse to comply with the order of the
director within the 10-day period after service of notice, the director may
take possession of the junked vehicle and remove it from the premises. After
removing a junked vehicle, the director shall dispose of the vehicle in such
manner as the city council may provide that is consistent with state law, and
the vehicle shall not be reconstructed or made operable.
   (e)   The owner or occupant of the premises may, within the 10-day period
after service of notice to abate the nuisance, request the clerk of the
municipal court of the city, either in person or in writing and without the
requirement of bond, to set a date and time to appear before the judge of the
municipal court for a trial to determine whether the person is in violation of
this article. The trial shall be set as provided in Section
18-24. If a hearing is requested within 10 days after service of notice to
abate the nuisance, then the director shall not order the removal of the junked
vehicle until ordered to do so by the judge of the municipal court.
   (f)   If the owner or, if the premises are occupied, the occupant of the
premises fails to either remove and abate the nuisance or to request a hearing
within 10 days after service of notice to abate the nuisance, then the director
may cause both the removal of the junked vehicle and the filing in municipal
court of a complaint for the violation of maintaining a public nuisance. (Ord.
Nos. 13900; 14494; 15720; 16367; 20599; 21025)
SEC. 18-23.   MOTOR VEHICLE DESCRIPTION.
   Any order requiring the removal of a vehicle or vehicle part must include a
description of the vehicle and the correct identification number and license
number of the vehicle, if available at the site. (Ord. Nos. 15720; 20599)
SEC. 18-24.   TRIAL IN MUNICIPAL COURT - PRELIMINARIES.
   Upon receiving a request for trial made pursuant to Section
18-22, the clerk of the municipal court shall set a date and a time for trial
on the court docket. The clerk of the municipal court shall notify the city
attorney of the date and time of the hearing. The city attorney shall cause to
be prepared, filed, and served on the defendant a written complaint charging
that the owner or occupant of the premises, as the case may be, has violated
this article. After service, the complaint shall be on file with the clerk of
the municipal court not less than 10 days prior to the date of trial. (Ord.
Nos. 13900; 20599)
SEC. 18-25.   FINDINGS OF JUDGE; PENALTY.
   (a)   The judge of the municipal court shall hear any case brought before
the court pursuant to this article and shall determine whether the defendant
is, in fact, in violation of this article. At the trial it is presumed, unless
demonstrated otherwise by the defendant, that the vehicle that is the subject
of the complaint is inoperable.
   (b)   Upon a finding that the defendant is in violation of this article, the
defendant is guilty of a misdemeanor and subject to a fine not to exceed $200.
The judge of the court shall further order the defendant to remove and abate
the nuisance within 10 days.
   (c)   If the defendant fails or refuses, within 10 days, to abate or remove
the nuisance, the judge of the municipal court may issue an order to the
director to have the nuisance removed, and the director shall take possession
of the junked vehicle and remove it from the premises. The director shall then
dispose of the vehicle in such manner as the city council may provide that is
consistent with state law, and the vehicle shall not be reconstructed or made
operable. (Ord. Nos. 13900; 19963; 20599; 21025)
SEC. 18-26.   REMOVAL WITH PERMISSION OF OWNER.
   If, within 10 days after receipt of notice from the director to abate the
nuisance, the owner or occupant of the premises gives written permission to the
director for removal of the junked vehicle, the giving of the permission shall
be considered compliance with the provisions of this article. (Ord. Nos. 13900;
20599)
SEC. 18-27.   REMOVAL FROM PUBLIC PROPERTY OR OCCUPIED OR UNOCCUPIED PREMISES
BY COURT ORDER.
   (a)   If there is a junked vehicle on public property, on private premises
that are occupied or unoccupied, or on the public right-of-way adjacent to
occupied or unoccupied premises and the owner or occupant of the premises, or
the last known registered owner of the junked vehicle, or any lienholder of
record cannot be found and notified to remove the vehicle, then, upon a showing
of the facts to the judge of the municipal court, the court may issue an order
to the director to have the vehicle removed, and the director shall take
possession of the junked vehicle and remove it.
   (b)   If the notice required in Section
18-22 is returned undelivered by the United States post office, then after 10
days from the date of the return, the court may issue an order to the director
to have the junked vehicle removed, and the director shall take possession of
the vehicle and remove it.
   (c)   The director shall, after removing the vehicle in compliance with a
court order issued pursuant to Subsection (a) or (b), dispose of the junked
vehicle in the manner provided by the city council that is consistent with
state law, and the vehicle shall not be reconstructed or made operable. (Ord.
Nos. 13900; 14494; 20599)
SEC. 18-28.   NOTICE TO TEXAS DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.
   Notice shall be given to the Texas Department of Highways and Public
Transportation within five days after the date of removal of any junked vehicle
as provided in this article, identifying the vehicle or vehicle part. (Ord.
Nos. 13900; 20599)
SEC. 18-28.1.   PENALTIES FOR VIOLATION.
   (a)   A person who violates a provision of this article, or who fails to
perform a duty required of him under this article, commits an offense. A person
is guilty of a separate offense for each day or part of a day during which a
violation is committed, continued, or permitted.
   (b)   An offense under this article is punishable by a fine of not more than
$200.
   (c)   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 683.0765 of the Texas Transportation Code, for an offense under this
article. The alternative administrative penalty range for an offense is the
same as is prescribed for a criminal offense in Subsection (b). (Ord. 25927)
ARTICLE IV.
PRIVATE SOLID WASTE COLLECTION SERVICE.
Division 1. In General.
SEC. 18-29.   DEFINITIONS.
   In this article:
      (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)   FRANCHISEE means a person who has been granted a franchise under
this article and Chapter XIV of the city charter to operate a solid waste
collection service in the city.
      (3)   GROSS RECEIPTS means any revenue directly or indirectly received or
generated from or in connection with any solid waste collection service
provided within the city, excluding the following amounts:
         (A)   disposal fees paid to the city by a franchisee;
         (B)   annual bad debt write-off amounts on uncollectible accounts for
solid waste collection service, provided that the write-off allowed is verified
by adequate supporting documentation and does not reduce the annual gross
receipts by more than three percent;
         (C)   revenues received or generated for any solid waste collection
service provided on behalf of the city by the franchisee pursuant to a written
contract with the city; and
         (D)   revenues directly received or generated from the processing of
recyclable materials.
      (4)   PERSON means an individual, corporation, firm, government or
governmental subdivision, partnership, joint venture, limited liability
company, or other business entity.
      (5)   SOLID WASTE COLLECTION SERVICE means the business of:
         (A)   removing wet or dry solid waste from any premises; or
         (B)   transporting, processing, or disposing of wet or dry solid
waste. (Ord. Nos. 17226; 21058; 26480; 26608)
SEC. 18-30.   AUTHORITY OF DIRECTOR.
   (a)   The director shall implement and enforce this article and may by
written order promulgate such rules or regulations, not inconsistent with this
article or state or federal law, as the director determines are necessary to
discharge any duty under or to effect the policy of this article.
   (b)   The director shall have authority to impound any vehicle, dumpster, or
roll-off container:
      (1)   whose contents have become foul, offensive, or otherwise hazardous
to the public health or safety; or
      (2)   that is being used for the collection of solid waste material in
violation of this article.
   (c)   A vehicle, dumpster, or roll-off container impounded under Subsection
(b) may not be moved without the consent of the director and may not be
returned to service until the contents are disposed of and the vehicle,
dumpster, or roll-off container is cleaned and brought into compliance with
this article. (Ord. Nos. 14219; 17226; 21058; 26480; 26608)
SEC. 18-31.   DEFENSES.
   It is a defense to prosecution under this article, except for Sections
18-30(b) and (c),
18-45,
18-47,
18-49,
18-50, and
18-51, that the solid waste collection service:
      (1)   was operated by a governmental entity;
      (2)   was only collecting, transporting, or processing recyclable
materials; or
      (3)   did not operate a vehicle, or cause or permit the operation of a
vehicle, more than twice during any calendar year to:
         (A)   remove dry or wet solid waste from any premises within the city;
or
         (B)   transport, process, or dispose of wet or dry solid waste within
the city. (Ord. Nos. 21058; 21163; 26480; 26608)
Division 2. Solid Waste Collection Franchises.
SEC. 18-32.   FRANCHISE AND DECAL REQUIRED.
   A person commits an offense if, within the city, he:
      (1)   operates, or causes or permits the operation of, a solid waste
collection service without a valid solid waste collection franchise granted
under this article and Chapter XIV of the city charter; or
      (2)   operates, or causes or permits the operation of, a vehicle for the
purpose of providing solid waste collection service in the city without
displaying on the vehicle a valid decal issued under this article. (Ord. Nos.
14219; 16367; 17226; 21058; 21163; 24743; 26480; 26608)
SEC. 18-33.   FRANCHISE APPLICATION.
   (a)   To obtain a solid waste collection franchise, 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 proposed solid waste
collection service. The application must be acknowledged by a notary public and
contain the following information:
      (1)   the applicant’s name, address, and notarized signature;
      (2)   the form of business of the applicant, and, if the business is a
corporation, partnership, limited liability company, joint venture, or
unincorporated association, a copy of the documents establishing the business;
      (3)   a description of any past business experience of the applicant,
particularly in providing solid waste collection service, and an identification
and description of any revocation or suspension by the city, or by any other
governmental entity, of a solid waste collection license, franchise, or similar
authorization held by the applicant or business before the date of filing the
application;
      (4)   the number and description of vehicles the applicant proposes to
use in the operation of the solid waste collection service, including year,
make, model, motor identification number, and state license registration number
for each vehicle;
      (5)   a description of the proposed solid waste collection service;
      (6)   documentary evidence from an insurance company indicating a
willingness to provide liability insurance as required by the city in the
franchise ordinance;
      (7)   documentary evidence of payment of ad valorem taxes owed on the
real and personal property to be used in connection with the operation of the
proposed solid waste collection service if the business establishment is
located in the city; and
      (8)   such additional information as the applicant desires to include to
aid in the determination of whether the requested franchise should be granted.
   (b)   The director is authorized to make any additional investigation as is
necessary to verify the truth of the information contained in the application
and to determine if the applicant meets the requirements of this article and
the standard franchise ordinance required by the city. (Ord. Nos. 21058; 21163;
24743; 26480; 26608)
SEC. 18-34.   FRANCHISE GRANT.
   (a)   If the director determines from the application that the applicant
meets the requirements of this article and other applicable law to hold a
franchise for solid waste collection service, the director shall present the
application to the city council and make a recommendation regarding the
application. The city council may grant or deny the franchise. The city council
shall grant a franchise by ordinance. The grant of a franchise under this
article is nonexclusive.
   (b)   The terms and conditions of a franchise will be set forth in the
ordinance granting the franchise to the applicant. By accepting the franchise,
the applicant agrees to comply with all of those terms and conditions. (Ord.
Nos. 26480; 26608)
SEC. 18-35.   FRANCHISE FEES.
   (a)   A franchisee shall pay a franchise fee set by the city council in the
franchise ordinance. The franchise fee may not be less than four percent of the
gross receipts resulting from the operation of the solid waste collection
service within the city.
   (b)   The franchise fee must be paid on a payment schedule established by
the city council in the franchise ordinance. A payment received later than 10
days after the due date accrues interest at the rate prescribed in Section
2-1.1 of this code.
   (c)   A franchise fee payment is nonrefundable. (Ord. Nos. 14219; 14566;
17226; 20076; 21058; 21819; 24743; 26134; 26480; 26608)
SEC. 18-36.   ISSUANCE AND DISPLAY OF VEHICLE DECAL; PROOF OF FRANCHISE TO BE
SHOWN UPON REQUEST.
   (a)   Upon the granting of a solid waste collection franchise to an
applicant and satisfactory completion of all inspections required by this
article, the director shall issue a decal for each vehicle to be operated by
the applicant under the franchise.
   (b)   A decal issued under this section must be displayed on the vehicle for
which it was issued in a manner and location approved by the director. A copy
of the franchise ordinance must be presented upon request to the director or to
a peace officer for examination.
    (c)   A decal issued under this section is not transferable. If a decal is
lost, stolen, or mutilated, the director may issue a duplicate decal upon
payment to the city of a $10 fee. (Ord. Nos. 21058; 21163; 24743; 26480; 26608)
SEC. 18-37.   SUSPENSION OR REVOCATION OF FRANCHISE; ASSESSMENT OF CIVIL
PENALTIES.
   (a)   The director may suspend the operation of a solid waste collection
service doing business under a franchise granted under this article if:
      (1)   the franchisee fails or refuses to comply with any provision of the
franchise ordinance, this article, or any other city ordinance or state or
federal law applicable to the collection or disposal of solid waste material;
      (2)   the franchisee fails or refuses to make a franchise fee payment
required by this article or the franchise ordinance at the time it was due; or
      (3)   the solid waste collection operation creates a public nuisance or a
serious public health or safety hazard.
   (b)   The director shall provide at least 24 hours written notice to the
franchisee of any suspension and include in the notice the reason for the
suspension, the date the suspension takes effect, the duration of the
suspension, and a statement informing the franchisee of the right to appeal the
suspension. The suspension must be for a definite period of time not to exceed
60 days.
   (c)   A suspension by the director is final unless, within 20 days after the
receipt of written notice of the director’s action, the franchisee files a
written appeal with the city manager. The city manager shall, within 15 days
after the appeal is filed, consider all the evidence in support of and against
the action appealed and render a decision either sustaining, reversing, or
modifying the action. The decision of the city manager is final. The filing of
an appeal under this subsection stays an action of the director until a final
decision is made by the city manager, unless the director determines that
continued operation of the solid waste collection service constitutes an
imminent and serious threat to the public health and safety.
   (d)   In addition to terminating a solid waste collection franchise on the
grounds set forth in the franchise ordinance, the city council, on the
recommendation of the director, may revoke a franchise, assess a civil penalty,
or both, if the franchisee:
      (1)   fails or refuses to comply with any provision of the franchise
ordinance, this article, or any other city ordinance or state or federal law
applicable to the collection, transportation, processing, or disposal of solid
waste material;
      (2)   knowingly or intentionally made a false statement or
misrepresentation as to a material matter in the franchise application or in
the negotiations for the franchise; or
      (3)   fails or refuses to make a franchise fee payment required by this
article or the franchise ordinance at the time it was due.
   (e)   Before presenting a franchise revocation or civil penalty assessment
to the city council under Subsection (d), the director shall notify the
franchisee in writing of the proposed action. The notice must include:
      (1)   the reason for the proposed revocation or civil penalty assessment;
      (2)   action the franchisee must take to prevent the revocation or civil
penalty assessment;
      (3)   a statement that the franchisee has 10 days to take the action to
correct any violation or noncompliance; and
      (4)   a statement that the franchisee has a right to appear before the
city council and contest the proposed revocation or civil penalty assessment.
   (f)   If, within 10 days after receipt of the notice required in Subsection
(e), the franchisee has not taken the action necessary to correct the violation
or noncompliance, the director shall present the franchise revocation, civil
penalty assessment, or both to the city council and make a recommendation
regarding the proposed action. The director shall notify the franchisee in
writing of the date the city council will consider the proposed action. The
city council may formally revoke the franchise, assess the recommended civil
penalty, impose any other penalty or action that the city council in its
discretion considers appropriate, or remand the matter to the director for
further review and recommendation. The action of the city council is final. The
director shall notify the franchisee in writing of the city council’s decision.
   (g)   Revocation of a solid waste collection franchise constitutes
termination of the franchise ordinance and all accompanying rights, privileges,
and permissions. Suspension or revocation of a solid waste collection franchise
does not waive the city’s right to collect civil penalties imposed under the
terms of the franchise ordinance prior to the suspension or revocation. (Ord.
Nos. 14219; 17226; 21058; 21163; 26480; 26608)
SEC. 18-38.   AMENDMENTS TO AND TRANSFER OF A FRANCHISE.
   (a)   A solid waste collection franchise may not be assigned, transferred,
mortgaged, or pledged without the approval of the city council upon
recommendation of the director. Minor amendments to a franchise, or approval of
additional vehicles or equipment for use in the solid waste collection service,
may be made by the director upon written request by a franchisee. An
assignment, transfer, mortgage, or pledge of the franchise, or an amendment
that substantially changes the scope, terms, or obligations of the franchise,
must be applied for in the same manner as the original franchise.
   (b)   Before any vehicle not listed in the application for a solid waste
collection franchise may be placed in service, the franchisee must notify the
director of the proposed use of a new or additional vehicle, obtain a decal for
the vehicle, and display a valid decal on the vehicle as required by this
article.
   (c)   If an assignment or transfer is approved, the director shall issue new
decals for the solid waste collection vehicles used by the assignee or
transferee upon payment of the next installment of the franchise fee owed.
(Ord. Nos. 21058; 21163; 24743; 26480; 26608)
SEC. 18-39.   EXPIRATION AND RENEWAL OF FRANCHISE; VOIDANCE OF AUTHORITY TO
OPERATE VEHICLES.
   (a)   The city council shall designate the term of a solid waste collection
franchise in the franchise ordinance, which term may never exceed 40 years. The
franchisee may renew the franchise by making application in accordance with
Section
18-33. A franchisee shall apply for renewal at least 90 days before the
expiration of the franchise term.
   (b)   Any decal issued under this article for a solid waste collection
vehicle expires upon expiration, revocation, suspension, or nonrenewal of the
accompanying solid waste collection franchise. (Ord. Nos. 21058; 21163; 24743;
26480; 26608)
SEC. 18-40.   FRANCHISEE’S RECORDS AND REPORTS.
   Each franchisee shall maintain, at a single location in the Dallas-Fort
Worth metropolitan area, adequate financial records documenting all of its
solid waste collection service transactions within the city. The records must
be maintained in accordance with generally-accepted accounting and government-
auditing standards. The franchisee may be audited by the city as often as the
director deems necessary to ensure that accurate franchise fee payments are
received. A franchisee shall make its records available for inspection by the
director at reasonable times upon request. (Ord. Nos. 21058; 21163; 26480;
26608)
SEC. 18-41.   ANNUAL REPORT.
   By February 1 of each year, a franchisee shall file an annual report with
the director containing the following information for the preceding calendar
year concerning solid wastes and recyclable materials collected by the
franchisee within the city:
      (1)   Total volume in tons of wet and dry solid waste collected by the
franchisee, with separate figures for total residential waste and total
commercial waste.
      (2)   Total volume in tons of recyclable materials collected and recycled
by the franchisee, with separate figures for total recycled residential waste
and total recycled commercial waste.
      (3)   A description and the total volume in tons of each type of material
recycled by the franchisee. (Ord. Nos. 21058; 21163; 26480; 26608)
SEC. 18-42.   FAILURE TO PAY AD VALOREM TAXES.
   A franchisee or an applicant for a solid waste collection franchise shall
not allow the payment of ad valorem taxes upon any vehicle, equipment, or other
real or personal property used directly or indirectly in connection with the
solid waste collection service to become delinquent. (Ord. Nos. 21058; 26480;
26608)
SEC. 18-43.   NOTIFICATION OF CHANGE OF ADDRESS OR OWNERSHIP.
   A franchisee shall notify the director within 10 days of a change in:
      (1)   the address or telephone number of the solid waste collection
service; or
      (2)   the form of the business or the executive officers of the solid
waste collection service. (Ord. Nos. 21058; 21163; 26480; 26608)
SEC. 18-44.   VEHICLE INSPECTION.
   A franchisee or an applicant for a solid waste collection franchise shall
have each vehicle to be used in the solid waste collection service inspected in
a manner approved by the director before a decal is issued to the vehicle and
at such other times as may be ordered by the director. (Ord. Nos. 21058; 26480;
26608)
Division 3. Miscellaneous Requirements relating to Solid Waste Collection,
Disposal, and Vehicles.
SEC. 18-45.   REQUIREMENTS FOR SOLID WASTE COLLECTION VEHICLES.
   (a)   Any vehicle used for transporting dry solid waste material within the
city must:
      (1)   be fitted with a substantial, tight-fitting enclosure that is free
of any cracks or breaks and that has side boards and head boards of not less
than 24 inches in height and a tail board of not less than 18 inches in height,
to prevent waste material from being scattered or thrown onto the streets;
      (2)   be equipped with a closely fitting cover that must be used to
prevent the escape of loose material or effluvia; and
      (3)   be equipped with any other equipment required to comply with all
applicable federal and state motor vehicle safety standards.
   (b)   Any vehicle used for transporting wet solid waste material within the
city must:
      (1)   be fitted with a substantial, tight-fitting enclosure, with the
deck, sides, and ends of the bed constructed of sheet steel so that the vehicle
may be easily cleaned and with the sides not less than 24 inches high and the
tail board not less than 18 inches high;
      (2)   have a tight-fitting cover to prevent spillage;
      (3)   when carrying cans to transport wet solid waste material, use only
cans equipped with tight- fitting lids and holding chains so that the cans will
not turn over and spill;
      (4)   not have any drain holes in the sides of the vehicle and must have
any drain holes in the deck of the vehicle capped to prevent spillage or
leakage; and
      (5)   be equipped with any other equipment required to comply with all
applicable federal and state motor vehicle safety standards. (Ord. Nos. 14219;
21058; 26480; 26608)
SEC. 18-46.   RESPONSIBILITY OF PRODUCER OF DRY OR WET SOLID WASTE.
   It is the responsibility of the producer of any dry or wet solid waste to
ensure that such waste material is disposed of in an approved manner at an
approved disposal site. It is the producer’s responsibility to inform the solid
waste collection service, in writing, of any waste that includes any material
that is hazardous by reason of its pathological, radiological, explosive,
toxic, or corrosive character. (Ord. Nos. 14219; 21058; 24743; 26480; 26608)
SEC. 18-47.   HAZARDOUS WASTE MATERIAL.
   A person providing solid waste collection service within the city shall
comply with all city ordinances and state and federal laws regulating the
handling, disposal, and transportation of hazardous waste materials. (Ord. Nos.
14219; 21058; 26480; 26608)
SEC. 18-48.   RESTRICTIONS ON REMOVAL OF SOLID WASTE.
   (a)   A person commits an offense if he removes from any garbage container
or receptacle any dry or wet solid waste, or in any way obstructs or interferes
with any garbage container or receptacle in the city.
   (b)   It is a defense to prosecution under Subsection (a) of this section
that the person was:
      (1)   an employee of the city in the performance of official duties;
      (2)   a franchisee under this article performing solid waste collection
service in compliance with the terms of this article and the solid waste
collection franchise ordinance; or
      (3)   any owner or occupant of the premises on which the container or
receptacle is located. (Ord. Nos. 14219; 21058; 26480; 26608)
SEC. 18-49.   RESTRICTIONS ON DISPOSAL OF WASTE.
   A person engaged in the removal, handling, or transfer of dry or wet solid
waste or in any manner dealing with dry or wet solid waste commits an offense
if, either in person or by an agent, employee, or servant, he separates,
unloads, offers for sale or trade, or exchanges any part of the solid waste
materials within the city, except at a place designated by and in compliance
with this chapter and other applicable city ordinances. (Ord. Nos. 14219;
21058; 26480; 26608)
SEC. 18-50.   ACCUMULATIONS AND DEPOSIT OF WASTE PROHIBITED.
   (a)   A person commits an offense if he deposits, causes to be deposited, or
permits to accumulate any dry or wet solid waste upon any public or private
premises within the city in such a manner as to emit noxious or offensive odors
or to become unsanitary or injurious to public health or safety.
   (b)   A person commits an offense if he causes or permits any solid waste
collection vehicle, dumpster, or roll-off container or the contents of such
vehicle, dumpster, or roll-off container to be maintained in a condition that
is foul, offensive, or otherwise hazardous to the public health or safety.
(Ord. Nos. 14219; 21058; 26480; 26608)
Division 4. Violations and Penalties.
SEC. 18-51.   PENALTIES FOR VIOLATIONS.
   (a)   A person who violates a provision of this article, or who fails to
perform a duty required of him under this article, commits an offense. A person
is guilty of a separate offense for each day or part of a day during which a
violation is committed, continued, or permitted.
   (b)   An offense under this article is punishable by a fine of not more than
$2,000 and, upon a first conviction, not less than $100.
   (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).
   (d)   In addition to being subject to criminal enforcement and penalties as
provided in Subsections (a) through (c) of this section, a franchisee that
violates or causes or permits the violation of any of the terms or conditions
of the franchise ordinance is liable for a civil penalty in the amount
prescribed by the city council in the franchise ordinance. A civil penalty
under the franchise ordinance may not exceed $2,000 for each violation. A
franchisee is liable for a separate violation for each day or part of a day
during which a violation is committed, continued, or permitted. (Ord. Nos.
20599; 21058; 26480; 26608)
ARTICLE IV-a.
MULTIFAMILY SITE RECYCLING COLLECTION AND REMOVAL SERVICES.
SEC. 18-52.   DIRECTOR OF SANITATION'S AUTHORITY.
   (a)   The director of sanitation shall implement and enforce this article
and may, by written order, promulgate rules or regulations consistent with this
article and other applicable laws, as the director of sanitation determines are
necessary to discharge any duty under this article or to achieve a purpose
outlined in the scope of this chapter.
   (b)   The city manager's designee, or that designee's authorized
representative may impound any vehicle or container used for the collection and
removal of recyclable materials if its contents become foul, offensive, or
otherwise hazardous to the public health or safety or if it is being used in
violation of this chapter. A vehicle or container impounded under this
subsection may not be moved without the consent of the city manager's designee,
or that designee's authorized representative and may not be returned to service
until the contents are properly disposed of and the vehicle or container is
cleaned and brought into compliance with this chapter. (Ord. 30879, eff. 1-1-
19)
SEC. 18-53.   MULTIFAMILY SITE RECYCLING COLLECTION SERVICE.
   (a)   Multifamily site recycling collection service permit.
      (1)   Recycling collection service permit required. A person who is in
the business of collecting or removing recyclable materials from a multifamily
site shall obtain a multifamily site recycling collection service permit from
the city. A permit is not required for a business such as a building
contracting, home repair, landscaping, roofing, or other similar business that
incidentally collects or removes recyclable materials in performance of their
service.
      (2)   Permit application requirements. To obtain a multifamily site
recycling collection service permit, a person shall submit an application, on a
form or in a manner approved by the director of sanitation, and shall include
the following information:
         (A)   the person's name, address, and notarized signature;
         (B)   the person's form of business, and, if applicable, the documents
establishing the form of business, including a list of directors and officers
and their contact information;
         (C)   a description of any past business experience in providing
recycling collection and removal services as well as information related to
revocation or suspension by the city, or by any other governmental entity, of a
recycling permit, solid waste collection license, franchise, or similar
authorization held by the applicant;
         (D)   the number and description of vehicles to be used for recycling
collection and removal services, including year, make, model, vehicle
identification number, and state license registration number for each vehicle;
         (E)   documentary evidence from an insurance company that the person
or company has liability insurance and a commercial fleet policy;
         (F)   documentation that applicant is registered and authorized to do
business in the state of Texas;
         (G)   documentary evidence, if requested, of payment of ad valorem
taxes owed on the real and personal property to be used in connection with the
operation of the proposed recycling collection service if the business
establishment is located in the City of Dallas; and
         (H)   any other information that the director of sanitation deems
necessary and is reasonable in determining if the person is qualified to
provide recycling collection and removal services at a multifamily site in
compliance with this code.
      (3)   Fees and annual renewal. The fee for an initial multifamily site
recycling collection service permit is $275 and is non-refundable. The
recycling permit must be renewed every twelve months for a fee of $100 and is
non-refundable.
   (b)   Recycling containers. A multifamily site recycling collection service
business shall provide color coded recycling containers to its customers. The
recycling containers must display the following affixed signage:
      (1)   photo or images of recyclable materials accepted, minimum size of
18" x 12", must be on the front of the container, along with information or a
graphic indicating that cardboard boxes should be broken down and "No Plastic
Bags";
      (2)   the word "RECYCLING ONLY", with minimum letter size of 12 inches,
and chasing arrows symbol in prominent lettering and clearly labeled on the
front recycling container; and
      (3)   contact information to report overflowing recycling containers and
contamination.
   (c)   Recycling facilities. A multifamily site recycling collection service
business shall transport collected recyclable materials to a recycling facility
authorized to operate in the State of Texas.
   (d)   Reporting. A multifamily site recycling collection service business
shall submit an annual report to the director of sanitation by February 1 of
each year, beginning on February 1, 2021, on a form provided by the director of
sanitation, and shall include the following information:
         (A)   multifamily site recycling collection service business's contact
information;
         (B)   tonnage of recyclable materials collected from multifamily sites
in the city of Dallas in the prior calendar year. If collection routes require
commingling of material collected outside the city, tonnage should be reported
on a total basis and an appropriately prorated percentage to estimate Dallas
tons;
         (C)   for the prior fiscal year, on average, the total number of units
served and total weekly recycling capacity for multifamily sites in Dallas;
         (D)   name and location of materials recovery facilities or other
recycling processing facility utilized in the prior calendar year;
         (E)   load reject rate used in the prior calendar year, as reported by
materials recovery or recycling processing facilities;
         (F)   residue percentage rate used in the prior calendar year, as
reported by materials recovery facilities or recycling processing facilities;
         (G)   documentary evidence, if requested, of payment of ad valorem
taxes owed on the real and personal property to be used in connection with the
operation of the proposed multifamily site recycling collection service if the
business establishment is located within the city; and
         (H)   any other information that may be reasonably requested by the
director of sanitation regarding the recycling collection services.
   (e)   Customer education. A multifamily site recycling collection service
business shall educate and inform each customer upon contracting and annually
thereafter of the following:
      (1)   that the multifamily site recycling collection service business
provides recycling collection services in accordance with
Chapter 18 of the Dallas City Code;
      (2)   types and capacity of recycling containers that may be utilized;
      (3)   types of recyclable materials accepted to transport to a materials
recovery facility;
      (4)   disclosure of additional fees assessed to multifamily sites that
exceed the multifamily site recycling collection service business's allowable
contamination rate;
      (5)   instruction on reducing contamination of recyclable materials; and
      (6)   the multifamily site recycling collection service business's
information to request an audit of recyclables collected from a multifamily
site. (Ord. 30879, eff. 1-1-19)
SEC. 18-54.   INSPECTIONS, SUSPENSIONS, REVOCATIONS, AND PENALTIES.
   (a)   Inspections, suspensions, and revocations. A multifamily site
recycling collection service business's vehicles are subject to inspections in
a manner approved by the director of sanitation. If a multifamily site
recycling collection service business has three violations of this chapter,
then the director of sanitation may suspend or revoke the recycling permit
until such time that the director of sanitation determines the business is in
compliance with this chapter.
   (b)   Penalties. A person who violates a provision of this article, or who
fails to perform a duty required of him under this article, commits an offense.
A person is guilty of a separate offense for each day or part of a day during
which a violation is committed, continued, or permitted. An offense under this
article is punishable by a fine not more than $500 or less than $150. (Ord.
30879, eff. 1-1-19)
ARTICLE V.
TIRES.
SEC. 18-55.   DEFINITIONS.
   In this article:
      (1)   CITY means the city of Dallas, Texas.
      (2)   DIRECTOR means the director of the department designated by the
city manager to enforce and administer this article, and includes the
director's authorized representatives.
      (3)   MANIFEST means a tracking mechanism to monitor the transfer of
tires from the point of generation to their end-use or final destination, such
as a tire storage site, scrap tire facility, permitted landfill, or land
reclamation project using tires. The manifest is a five-part form whose format
and content is prescribed by the Texas Commission on Environmental Quality.
      (4)   MOBILE TIRE REPAIR BUSINESS means a business that repairs tires at
any temporary location, including but not limited to a roadway, alley, parking
lot, or residence. The term does not include a business that only changes out
or replaces tires, but does not make any repairs to a tire.
      (5)   MOBILE TIRE REPAIR UNIT means any vehicle used in a mobile tire
repair business.
      (6)   SCRAP TIRE means a whole tire or any portion of a tire that:
         (A)   can no longer be used for its original intended purpose; or
         (B)   is being held, transported, or processed for disposal or
recycling.
      (7)   SCRAP TIRE GENERATOR means a fleet operator, an automotive
dismantler, or a retailer, wholesaler, manufacturer, recapper, or retreader of
new or used tires.
      (8)   SCRAP TIRE TRANSPORTER means any business or person who transports
more than six scrap tires at any one time or is loading or unloading scrap
tires to or from any location within the city.
      (9)   TIRE BUSINESS means any business or establishment where used tires
are collected, repaired, processed, recycled, scrapped, sold, bought, or
stored, including but not limited to a mobile tire repair business and a
salvage yard.
      (10)   TIRE RECYCLING FACILITY means a state-registered facility that
processes, recycles, or conducts energy recovery with scrap tires.
      (11)   VEHICLE means any motorized vehicle and any non-motorized trailer
that is or may be attached to a motorized vehicle. If a trailer is attached to
a motorized vehicle, both the trailer and the motorized vehicle will be
considered as one vehicle. (Ord. Nos. 25635; 32334)
SEC. 18-56.   TIRE BUSINESS LICENSE AND MOBILE TIRE REPAIR UNIT PERMIT
REQUIRED; APPLICATION; TRANSFERABILITY.
   (a)   A person commits an offense if, within the city, he:
      (1)   owns or operates a tire business without a valid tire business
license issued under this article; or
      (2)   owns, operates, or permits the operation of a mobile tire repair
unit without displaying a valid mobile tire repair unit permit in a visible and
conspicuous location on the unit.
   (b)   To obtain a tire business license, 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 tire business. The application
must be signed and verified by the applicant and contain all of the following
information:
      (1)   The name, residential mailing address, county of residence, email
address, and telephone and facsimile numbers of each owner and operator of the
tire business.
      (2)   The physical address, email address, and telephone number of the
tire business.
      (3)   The approximate number of tires that will be stored on site at the
tire business.
      (4)   If the tire business is located in the city of Dallas, the zoning
district or districts where the business is located.
      (5)   The tax identification number or taxpayer identification number of
each owner and operator listed in the license application.
      (6)   A statement that the tire business is in compliance with the
requirements of Section 19-34.1 of this code.
      (7)   The number and description of vehicles the applicant proposes to
use as mobile tire repair units, including the year, make, model, color,
vehicle identification number, and state license registration number for each
vehicle, and proof that each vehicle is in compliance with state requirements
for vehicle registration, vehicle inspection, and vehicle financial
responsibility.
      (8)   The registration or license number of any Texas Commission on
Environmental Quality registration or license, if applicable.
   (c)   A separate tire business license is required for each separate
establishment operated as a tire business. A separate mobile tire repair unit
permit is required for each separate vehicle operated as a mobile tire repair
unit. Licenses and permits are not transferable between persons, businesses, or
vehicles. (Ord. Nos. 25635; 32334)
SEC. 18-57.   LICENSE AND PERMIT FEES.
   (a)   The annual fee for a tire business license is $163.
   (b)   The annual fee for each mobile tire repair unit permit is $163.
   (c)   The fee for issuing a duplicate tire business license or mobile tire
repair unit permit for one that is lost, stolen, or mutilated is $39.
   (d)   The applicant shall pay all fees required by this section to the
director before a license or permit will be issued. No refund of a fee will be
made. (Ord. Nos. 25635; 26598; 29879; 31332; 32556)
SEC. 18-58.   ISSUANCE, DENIAL, AND DISPLAY OF A LICENSE OR PERMIT; TIRE
DISPOSAL RECORDS.
   (a)   The director shall issue a tire business license to the applicant,
unless the director determines that the applicant:
      (1)   failed to completely fill out an application;
      (2)   provided false information on an application;
      (3)   failed to pay a license or permit fee required under this article;
      (4)   has had a tire business license revoked within the preceding 12
months; or
      (5)   has failed to complete the training required by Section
18-61.1.
   (b)   Upon issuance of a license to an applicant, the director shall issue a
permit to each vehicle to be operated by the applicant as a mobile tire repair
unit.
   (c)   If the director determines that an applicant should be denied a tire
business license, the director 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. The director shall
provide the notice within 10 business days of making the determination.
   (d)   A license or permit issued under this section must be displayed in a
manner and location approved by the director. A license and permit must be
presented upon request to the director or to a peace officer for examination.
   (e)   A tire business shall keep a state approved manifest of all tires
received and transported out of its facility. A notarized audit of all tire
transactions must be made available upon the request of the director, chief of
police, city marshal, or city attorney. A tire business shall maintain manifest
records for three years at the physical address designated on its license.
   (f)   A tire business, mobile tire repair unit, or scrap tire transporter
commits an offense if it allows any tire to be transported upon any public
street other than by an approved and registered permit holder. Each tire
business, mobile tire repair unit, and scrap tire transporter shall maintain
daily records of the numbers of tires generated at each premise under its
control. (Ord. Nos. 25635; 32334)
SEC. 18-59.   REVOCATION OF A LICENSE.
   (a)   The director shall revoke a tire business license if the licensee:
      (1)   refuses to allow any agent of the city entry into and inspection of
the tire business or a mobile tire repair unit;
      (2)   is convicted twice within a 24-month period of any city ordinance
or state or federal law regulating solid waste, litter, dumping, pollution,
standing water, insect or rodent infestation, junk or salvage yards, junk motor
vehicles, tires, or similar health, sanitation, or environmental concerns;
      (3)   violates any provision of this article or Section
19-34.1 of this code; or
      (4)   does not complete the training required by Section
18-61.1.
   (b)   Any person whose license or permit has been revoked shall return the
license or permit to the director, along with any identification stickers or
decals issued to the licensee within 10 business days of revocation. (Ord. Nos.
25635; 32334)
SEC. 18-60.   APPEALS.
   If the director denies issuance of a license or a license renewal or revokes
a license issued pursuant to this article, this action is final unless the
applicant or licensee shall, within 30 days after the receipt of written notice
of the director’s action, file with the city manager a written appeal. The city
manager shall, within 10 days after the appeal is filed, consider all the
evidence in support of and against the action appealed and render a decision
either sustaining or reversing the action. The decision of the city manager is
final. (Ord. 25635)
SEC. 18-61.   EXPIRATION AND RENEWAL OF LICENSE; VOIDANCE OF AUTHORITY TO
OPERATE A MOBILE TIRE REPAIR UNIT.
   (a)   A tire business license expires one year from the date of issuance and
may be renewed by making application in accordance with Section
18-56. A licensee shall apply for renewal at least 30 days before the
expiration of the license.
   (b)   Any permit to operate a mobile tire repair unit that is granted under
this article expires upon expiration, revocation, suspension, or nonrenewal of
the accompanying tire business license. (Ord. 25635)
SEC. 18-61.1.   REQUIRED TRAINING.
   (a)   The licensee and each of the licensee's authorized agents at each tire
business location and mobile tire repair unit shall complete a two-hour
training course delivered by the director prior to initial registration and
annually thereafter prior to renewal.
   (b)   The licensee shall notify the director within 15 days of the
separation of any authorized agent or the termination of the agency
relationship.
   (c)   All new authorized agents shall complete the required training within
30 days of the establishment of the agency relationship. If the training is not
completed within 30 days, the tire business license is subject to revocation
pursuant to Section
18-59.
   (d)   For purposes of this section, an authorized agent is manager,
supervisor, or person in control of a tire business or mobile tire repair unit.
(Ord. 32334)
SEC. 18-61.2.   SCRAP TIRE STORAGE METHODS.
   (a)   Tires stored by a tire business must be stored under a roofed
structure.
   (b)   All used tires and scrap tires must be stored in a manner which
prevents exposure to natural elements.
   (c)   Tires must be stored to prevent the collection of water, debris, dirt,
rubbish, and other materials.
   (d)   Used tires and scrap tires pieces stored outside must be screened from
public view.
   (e)   Tires must be secured to prevent unauthorized removal from the
structure.
   (f)   Tires must be stored in compliance with the Dallas Fire Code.
   (g)   Tires must be stored in a regular manner that tends to eliminate
mosquito breeding and rodent habitation.
   (h)   Tires stored in violation of this section will be deemed a public
nuisance subject to abatement at the expense of the premise owner.
   (i)   Tires must be stored at each facility in accordance with all local,
state, and federal laws and regulations.
   (j)   Scrap tire generators storing more than 500 scrap tires on the ground
or more than 2,000 scrap tires in enclosed and lockable containers at a
facility must obtain a scrap tire storage registration pursuant to 30 Texas
Administrative Code Section 328.56, as amended. (Ord. 32334)
SEC. 16-61.3.   TIRE IDENTIFICATION.
   Within one business day of receipt, the tire business who first receives the
scrap tire must mark it with the assigned business's license number. The
license number must be placed on each tire using a permanent marking system
and:
      (1)   be at least one inch in height;
      (2)   be of contrasting color; and
      (3)   be located on at least one side of the tire. (Ord. 32334)
SEC. 18-62.   TRANSPORTING SCRAP TIRES.
   (a)    A person commits an offense if he transports scrap tires in a vehicle
within the city without:
      (1)   displaying a valid scrap tire transporter decal in a visible and
conspicuous location on the rear of the vehicle;
      (2)   being listed as a transporter or authorized driver for the vehicle
in the application for the vehicle's scrap tire transporter decal that is on
file with the director;
      (3)   maintaining for inspection at any time a current manifest as
required by Section 361.112 of the Texas Health and Safety Code, as amended;
      (4)   the appropriate identification markings as described by Section
18-61.3; or
      (5)   displaying the decal owner's name, phone number, and decal number
on both sides of each vehicle owned and operated by the owner and used in the
transporting of scrap tires. The lettering must be permanently affixed to the
vehicle, be of a contrasting color, and be at least two inches in height. The
decal number must be preceded by the letters "CODL." For purposes of this
paragraph, magnetic lettering is not considered permanently affixed.
   (b)   A person wishing to transport scrap tires in the city must apply for a
scrap tire transporter decal on a form provided by the director for that
purpose. A separate application must be made for each vehicle to be used to
transport scrap tires. The application must be signed and verified by the
applicant, be accompanied by a nonrefundable fee of $58, and contain all of the
following information:
      (1)   The name, mailing address, county of residence, and telephone and
facsimile numbers of the transporter and all authorized drivers of the vehicle.
      (2)   The year, make, model, vehicle identification number, and state
registration number for the vehicle on which the tires will be transported, and
proof that the vehicle is in compliance with state requirements for vehicle
registration, vehicle inspection, and vehicle financial responsibility.
   (c)   A scrap tire transporter decal is not transferable from one vehicle to
another.
   (d)   It is a defense to prosecution under Subsections (a)(1) and (a)(2) of
this section that:
      (1)   not more than six scrap tires were being transported at the same
time in the same vehicle; or
      (2)   the scrap tires were being transported from a point outside of the
Dallas city limits to another point outside of the Dallas city limits, and the
vehicle did not stop within the Dallas city limits for the purpose of loading
or unloading any scrap tires. (Ord. Nos. 25635 ; 31332; 32334)
SEC. 18-63.   IMPOUNDMENT OF VEHICLES.
   (a)   A peace officer is authorized to remove or cause the removal of a
vehicle when the officer arrests a person for a violation of Section
18-62 and the officer is by law required to take the person arrested
immediately before a magistrate.
   (b)   A vehicle removed and towed under this section must be kept at a place
designated by the chief of police as a city pound location until application
for redemption is made by the vehicle owner or the owner’s authorized agent.
   (c)   A vehicle impounded under this section will be released to the vehicle
owner or the owner’s authorized agent in accordance with the provisions of
Sections
28-4 and
28-5 of this code, after:
      (1)   the city has removed all illegal scrap tires from the impounded
vehicle and stored or disposed of them in a manner prescribed by the director;
and
      (2)   the vehicle owner or the owner’s authorized agent has paid the
following fees to the city:
         (A)   the towing fees required by Section
15D-57 of this code for the tow of a disabled vehicle by an emergency wrecker
service;
         (B)   the notification, impoundment, and storage fees required by
Section
28-4 of this code for an impounded vehicle; and
         (C)   a disposal fee of $2.50 for each scrap tire removed from the
impounded vehicle for disposal by the city. (Ord. 25635)
SEC. 18-64.   UNAUTHORIZED DISPOSAL OF TIRES.
   (a)   A person commits an offense if he disposes of a scrap tire at any
location within the city.
   (b)   It is a defense to prosecution under Subsection (a) that the scrap
tire was disposed of:
      (1)   at a city landfill in compliance with city regulations governing
the landfill; or
      (2)   at a tire recycling facility or a tire disposal facility that is
registered or permitted by the state as required under Section 361.112 of the
Texas Health and Safety Code, as amended, provided that the tires were
delivered to the facility by a tire transporter registered by the state and the
manifest for the tires was signed by the transporter and the facility accepting
the tires. (Ord. 25635)
SEC. 18-65.   EXEMPTIONS.
   This article does not apply to any department, branch, or agency of the
government of the United States or the State of Texas. (Ord. 25635)
SEC. 18-65.1.   REQUIRED INSPECTIONS.
   (a)   The director is authorized, at a reasonable time, to inspect each tire
business operating in the city for the purposes of ascertaining whether a
violation of this article or any other city ordinance or state or federal law
applicable to a tire business has occurred.
   (b)   The director shall inspect each tire business operating in the city at
least once per year.
   (c)   When a tire business is inspected by the director and a violation of
this article or any other city ordinance or state or federal law applicable to
the tire business is found, the tire business 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. 32334)
SEC. 18-66.   PENALTY.
   (a)   An offense under this article is punishable by a fine of not less than
$500 or more than $2,000.
      (1)   Each day that any violation continues constitutes a separate
offense.
      (2)   Each tire transported in violation of this article constitutes a
separate offense.
   (b)   A culpable mental state is not required for the commission of an
offense under this article.
   (c)   If a vehicle that has previously been impounded and redeemed under
this article is again impounded as the result of a subsequent violation of this
article, the director is authorized to retain the vehicle as evidence in the
criminal proceeding for that violation until the termination of the criminal
case in municipal court. If, upon termination of the criminal case, the
defendant is found not guilty of the violation, the defendant may redeem the
vehicle without paying any storage fees. If the defendant is assessed a fine
for the violation, the municipal court judge may, in lieu of requiring payment
of the fine assessed and any costs, declare the vehicle is a criminal
instrument, declare the vehicle is forfeited to the city, and order the sale of
the impounded vehicle, with the proceeds of the sale to be used to satisfy any
outstanding municipal court judgment. Any amount obtained in the sale of the
vehicle that is in excess of the amount of the fine assessed and any costs will
be returned to the defendant. (Ord. Nos. 25635; 32334)
CHAPTER 19
HEALTH AND SANITATION
ARTICLE I.
IN GENERAL.
Sec.
19-1.   City health officer, city environmental health officer, and director.
Sec.
19-1.1.   Reserved.
Sec.
19-2.   Power of city council to control unsanitary conditions by resolution -
Generally.
Sec.
19-3.   Same - Notice required - Generally.
Sec.
19-4.   Same - Same - Council may require personal service.
Sec.
19-5.   Same - Owner to comply with notice within 10 days.
Sec.
19-6.   Same - Penalty for failure to comply with notice.
Sec.
19-7.   Same - City to perform work upon default of owner - Generally.
Sec.
19-8.   Same - Same - Assessment of cost against property or owner.
Sec.
19-9.   Same - Same - Notice of assessment; objections; hearing.
Sec.
19-10.   Same - Same - Assessment to be made by ordinance; recording lien;
assessment to equal benefit to property or owner.
Sec.
19-11.   Same - Same - Ordinance to fix lien and time of payment; interest
rate.
Sec.
19-12.   Same - Same - Priority of assessment lien; enforcement.
Sec.
19-13.   Same - Same - Contest of assessment; bar.
Sec.
19-14.   Trash, etc., not to be thrown from houses.
Sec.
19-15.   Throwing trash upon public places prohibited.
Sec.
19-16.   Departing tenants required to leave building and premises clean and
sanitary.
Sec.
19-17.   Unwholesome premises - Generally.
Sec.
19-18.   Same - Inspection of premises; report of offenses.
Sec.
19-19.   Slaughter of animals in the city.
Sec.
19-20.   Depositing filth on premises prohibited; owner to remove animal
carcasses.
Sec.
19-21.   Green or decayed hides.
Sec.
19-22.   Causing offensive substance to be discharged on adjacent premises.
Sec.
19-23.   Drinking cups for common use.
Sec.
19-24.   Towels for common use.
Sec.
19-25.   Bringing infected person or property into city.
Sec.
19-26.   Businesses or substances injurious to health.
Sec.
19-27.   Vital statistics - Records to be kept.
Sec.
19-28.   Fees for vital statistics records.
Sec.
19-29.   Same - Record of certified copies issued to be kept; disposition of
fees.
Sec.
19-30.   Mosquito-breeding waters - Generally.
Sec.
19-31.   Same - Defined.
Sec.
19-32.   Same - Method of treatment.
Sec.
19-33.   Same - Penalty.
Sec.
19-34.   Cisterns, etc., to be screened.
Sec.
19-34.1.   Accumulation of tires.
Sec.
19-35.   Polluting wells.
Sec.
19-36.   Gill well - Generally.
Sec.
19-37.   Same - Trespassing upon.
Sec.
19-37.1.   Reserved.
Sec.
19-38.   Diaper changing accommodations in restrooms.
ARTICLE II.
CITY HEALTH OFFICER.
Sec.
19-39.   Reserved.
Sec.
19-40.   Authority to issue warrants.
Sec.
19-41.   Supervision and control over matters pertaining to health.
Sec.
19-42.   Police powers.
Sec.
19-43.   Authority to inspect.
Sec.
19-44.   Refusal to allow inspection.
Sec.
19-45.   Reserved.
Sec.
19-46.   Authority to pass rules and regulations.
Sec.
19-46.1.   Reserved.
ARTICLE III.
RESERVED.
Secs. 19-47 thru 19-59.   Reserved.
ARTICLE IV.
INFECTIOUS AND COMMUNICABLE DISEASES.
Sec.
19-60.   Definitions.
Sec.
19-61.   Communicable diseases enumerated.
Sec.
19-62.   Reports of communicable diseases.
Sec.
19-63.   Laboratory examinations and reports; authority of health officer to
inspect laboratories and blood banks and blood transfusion services.
Sec.
19-64.   Measures for control in schools.
Sec.
19-65.   Interference with director of public health.
Sec.
19-66.   Medical certificates required of domestic servants.
Sec.
19-67.   Isolation of infected persons.
Sec.
19-68.   Physicians to report certain diseases.
Sec.
19-69.   When school children to be examined; prohibiting school attendance.
Sec.
19-70.   Hotel keepers, etc., to report infectious diseases.
Sec.
19-71.   Methods of isolation in various diseases.
Sec.
19-72.   Placarding.
Sec.
19-73.   Minimum periods of isolation.
Sec.
19-74.   Control of contacts.
Sec.
19-75.   Incubation periods.
Sec.
19-76.   Procedure when dwelling infected.
Sec.
19-77.   Removal of certain cases to hospital.
Sec.
19-78.   Precautions by attendants.
Sec.
19-79.   Disinfection.
Sec.
19-80.   Specific provisions for controlling certain diseases.
Sec.
19-81.   Special rules for tuberculosis.
Sec.
19-82.   Serum to be furnished indigent persons.
Sec.
19-82.1.   Immunization, registration, and record fee schedule.
Sec.
19-83.   Regulation of funerals for persons dying from certain diseases.
ARTICLE IVA.
REPORTABLE HEALTH CONDITIONS.
Sec.
19-83.1.   Definitions.
Sec.
19-83.2.   Environmentally related health condition level of lead.
Sec.
19-83.3.   Reporting requirements.
Sec.
19-83.4.   Use of reports.
Sec.
19-83.5.   Penalty.
ARTICLE V.
DRY CLOSETS.
Sec.
19-84.   Construction and maintenance.
Sec.
19-85.   Cleaning; prevention of odor.
ARTICLE VI.
SEPTIC TANKS.
Sec.
19-86.   Definitions.
Sec.
19-87.   Permit - Required.
Sec.
19-88.   Application for permit; fee; percolation test.
Sec.
19-89.   Approval of plans by the director before issuance of permit.
Sec.
19-90.   Construction standards.
Sec.
19-91.   Inspection.
Sec.
19-92.   Tanks not to be offensive.
Sec.
19-93.   Cesspools.
ARTICLE VII.
FUMIGATION.
Sec.
19-94.   Definitions.
Sec.
19-95.   General safeguards.
Sec.
19-96.   Notice required generally.
Sec.
19-97.   Notice of occupants.
Sec.
19-98.   Doors to be locked, etc.
Sec.
19-99.   Warning signs to be posted.
Sec.
19-100.   Guards required.
ARTICLE VIII.
DRAINAGE DISTRICTS.
Sec.
19-101.   “Drainage district” defined.
Sec.
19-102.   Construction of article.
Sec.
19-103.   Purchase of property.
Sec.
19-104.   Creation of drainage district; preparation of plat; estimate of cost.
Sec.
19-105.   Condemnation proceedings.
Sec.
19-106.   Special assessments - Generally.
Sec.
19-107.   Same - Hearing; notice required, payment, etc.
Sec.
19-108.   Same - Issuance of certificates, etc.
Sec.
19-109.   Same - Errors; corrections; reassessments.
Sec.
19-110.   Same - Suit to set aside or correct.
Sec.
19-111.   Same - Method; judgment of commissioners to be conclusive.
Sec.
19-112.   State law to control article.
Sec.
19-113.   Specifications; bids; contract; bond.
Sec.
19-114.   Use of day work by city.
Sec.
19-115.   Report of amount to be paid by city.
Sec.
19-116.   Charter to govern bidding.
Sec.
19-117.   Additional methods of financing.
ARTICLE IX.
STORMWATER DRAINAGE SYSTEM.
Sec.
19-118.   Definitions.
Sec.
19-118.1.   Enforcement.
Sec.
19-118.2.   Prohibited discharges.
Sec.
19-118.3.   Regulation of pesticides, herbicides, and fertilizers.
Sec.
19-118.4.   Used oil regulation; household hazardous waste.
Sec.
19-118.5.   Discharge prevention, reporting, and cleanup.
Sec.
19-118.6.   Stormwater discharges from construction activities.
Sec.
19-118.7.   Stormwater discharges associated with industrial activity.
Sec.
19-118.8.   Compliance monitoring.
ARTICLE X.
LIQUID WASTE.
Division 1. Generally.
Sec.
19-119.   Definitions.
Division 2. Liquid Waste Transportation.
Sec.
19-120.   Permit required.
Sec.
19-121.   Fee and display of permit.
Sec.
19-122.   Liquid waste vehicles; impoundment.
Sec.
19-123.   Responsibilities of a liquid waste transporter.
Sec.
19-124.   Rules and regulations.
Sec.
19-125.   Suspension or revocation of permit.
Sec.
19-126.   Appeal.
Division 3. Liquid Waste Production.
Sec.
19-126.1.   Producer of waste and manifest system.
Sec.
19-126.2.   Traps/interceptors required.
Sec.
19-126.3.   Permit required for traps/interceptors.
Sec.
19-126.4.   Suspension or revocation of permits.
Sec.
19-126.5.   Responsibilities of liquid waste producer.
Division 4. Liquid Waste Accumulation and Disposal.
Sec.
19-127.   Accumulation of liquid waste.
Sec.
19-128.   Septage and chemical toilet waste.
Sec.
19-129.   Disposal of liquid waste.
Sec.
19-130.   Responsibilities of liquid waste disposers.
Division 5. Enforcement.
Sec.
19-131.   Criminal responsibility of corporations or associations.
Sec.
19-131.1.   Right of entry of city employees.
Sec.
19-131.2.   Enforcement.
ARTICLE XI.
DISPOSAL OF FETAL MATERIAL.
Sec.
19-132.   Definitions.
Sec.
19-133.   Permit required - transporter.
Sec.
19-134.   Permit required - disposer.
Sec.
19-135.   Exemptions.
Sec.
19-136.   Method of disposal.
ARTICLE I
IN GENERAL.
SEC. 19-1.   CITY HEALTH OFFICER, CITY ENVIRONMENTAL HEALTH OFFICER, AND
DIRECTOR.
   (a)   The city manager shall appoint a qualified person as the city health
officer. The city health officer shall possess an M.D. degree, be licensed to
practice medicine in the state of Texas, and meet all other requirements of
state law for a city health officer.
   (b)   The city manager may appoint a qualified person as environmental
health officer. The city environmental health officer must be a registered
professional engineer and meet all other qualifications of state law. If an
environmental health officer is appointed, he shall perform such duties as may
be required by the city manager, by ordinance of the city council, or by state
law.
   (c)   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. Nos. 14163; 14217; 17226; 17293;
27697)
SEC. 19-1.1.   RESERVED.
   (Repealed by Ord. 22026)
SEC. 19-2.   POWER OF CITY COUNCIL TO CONTROL UNSANITARY CONDITIONS BY
RESOLUTION - GENERALLY.
   The city council shall have the power in their discretion, by a resolution
passed by a majority vote to require:
   (a)   The filling up, drainage and regulating of any lots, grounds or yards,
or any other places in the city, which, in their opinion, shall be unwholesome
or have stagnant water therein or thereon, or shall from any other cause be in
such condition as to be liable to produce disease.
   (b)   All premises to be inspected, and to impose fines on the owners of
houses under which stagnant water may be found or upon whose premises such
stagnant water may be found.
   (c)   The cleaning of any house, building, establishment, lot, yard or
grounds from filth, carrion or impure or unwholesome matter of any kind.
   (d)   The owner of any lots within the city to keep same free from rubbish,
brush and any objectionable, unsightly and unsanitary matter of whatever
nature. (Code 1941, Art. 86-44)
SEC. 19-3.   SAME - NOTICE REQUIRED - GENERALLY.
   Upon the passage of the resolution provided for in Section
19-2, the city secretary shall cause to be published in a daily newspaper of
general circulation in the city a notice to the owner of the property described
in Section
19-2, or of property which shall be in an unwholesome condition or have
stagnant water thereon or which shall be in any condition whatever that is
likely to produce disease, requiring the filling up, draining or regulating of
such property or requiring the cleaning of any house, building, establishment,
lot, yard or grounds from filth, carrion or impure or unwholesome matter of any
kind, or requiring the removal of any objectionable, unsightly or unsanitary
matter of whatever nature. Such notice shall state that the owner is required
to remove and remedy within a period of 10 days from the publication of the
notice any such unsanitary and unwholesome condition, describing the same in
the notice, or the notice may be given in writing to the owner of the property,
or to the agent of the owner if they be nonresidents of the city. If the name
of the owner or his agent be unknown, then such notice shall state that such
owner is unknown. If the name of the owner of the property, or his agent, be
unknown, the resolution provided for in Section
19-2 shall describe in general terms the property involved and affected by
same, and such description of the property as is contained in the resolution
shall also be set forth in the notice. (Code 1941, Art. 86-45)
SEC. 19-4.   SAME - SAME - COUNCIL MAY REQUIRE PERSONAL SERVICE.
   The city council may, at their discretion, require written notice to be
served upon the owner of the property described in Section
19-2, or upon his agent, if such owner be a nonresident, or if the name of the
owner be unknown. But either notice by publication or personal notice as
required by this section shall be deemed sufficient without any other character
of notice. (Code 1941, Art. 86-46)
SEC. 19-5.   SAME - OWNER TO COMPLY WITH NOTICE WITHIN 10 DAYS.
   The owner of the property described in Section
19-2, or his agent, if such owner be a nonresident, shall, within 10 days from
the publication of such notice, or from the service of such personal notice in
writing, as the case may be, fully comply with the terms and conditions of the
resolution and notice, and do and perform any and all things required therein
or cause the same to be done within the time required by this section. (Code
1941, Art. 86-47)
SEC. 19-6.   SAME - PENALTY FOR FAILURE TO COMPLY WITH NOTICE.
   Any owner or any agent of an owner, if the owner is a nonresident, who fails
to fill up, drain, or regulate any lots, grounds, or yards owned by him which
are unwholesome or have stagnant water on them, or which from any cause are in
such condition as to be liable to produce disease, or who fails to cleanse and
disinfect any house, building, establishment, lot, yard, or ground owned by him
from filth, weeds, rubbish, brush, and all other objectionable, unsightly, or
unsanitary matter of whatever nature on the property owned by him, within 10
days after the publication of notice as provided in Section
19-3 or after service of personal notice in writing as provided in Section
19-4, as the case may be, shall be guilty of an offense. (Code 1941, Art. 86-
48; Ord. 19963)
SEC. 19-7.   SAME - CITY TO PERFORM WORK UPON DEFAULT OF OWNER - GENERALLY.
   If the owner of any property described in Section
19-2, or his agent, if any such owner be a nonresident, shall not within 10
days from the publication of notice, as provided in Section
19-3, or from service of personal notice in writing, as provided in Section
19-4, as the case may be, do and perform any and all the things whatsoever
mentioned and required by the resolution and the notice, then the city council
shall have the power, and it shall be their duty, to do and cause to be done
any or all of the things enumerated in Section
19-2. (Code 1941, Art. 86-49)
SEC. 19-8.   SAME - SAME - ASSESSMENT OF COST AGAINST PROPERTY OR OWNER.
   Whenever the city council shall have caused any of the things enumerated in
Section
19-2 to be done after due resolution and notice to the owner, and upon failure
of the owner to do and perform the things aforesaid, then the council shall
have power to assess the whole cost of such work, including the cost of the
publication of the notice, against the property upon which such work was done
and against the owner of the property; provided, that no assessment shall be
made against any property, or its own, or personal liability declared unless
such property shall be specially benefited by the work so done upon the same to
the extent of such assessment; provided further, that the city council may by
one resolution require the several things to be done as enumerated in Section
19-2, or any one of such things, on any number of pieces of property. In such
case the specific thing to be done on each and every separate piece of property
shall be clearly stated in the resolution, and notice shall be given to each
owner in the manner provided for in Section
19-3. (Code 1941, Art. 86-50)
SEC. 19-9.   SAME - SAME - NOTICE OF ASSESSMENT; OBJECTIONS; HEARING.
   No assessment for any of the things to be done as enumerated in Section
19-2 shall be made against any property or its owner, until the city council
shall have first so declared by resolution directing that notice thereof be
given to the owner thereof, and such notice shall have been given by
advertising the same in a daily newspaper of general circulation in the city
for 10 consecutive days. The notice aforesaid shall state the time and place of
the hearing, the cost of the work as proposed to be assessed against the owner
of such property, and the purpose for which the assessment is proposed to be
levied. Such hearing shall be not less than 10 days from the date of the first
publication of such notice, or the date stated in the notice aforesaid, or at
any time thereafter. Before any assessment is actually levied, any person
interested in any property which may be claimed to be subject to assessment,
for the purpose of paying the cost of doing the work in performance of any or
all of the things enumerated in Section
19-2, may make and file objection thereto. Such person shall be entitled to a
full and fair hearing before the city council as to the matters affecting the
property under such assessment or the benefits thereto, or as to the work
proposed to be done thereon, or as to any liability therefor, or as to any
irregularity or invalidity of the proceeding, or any other objection thereto.
Such objection shall be filed in writing stating the nature thereof, and a full
opportunity shall be given to the person filing the same to produce evidence,
to subpoena witnesses and to appear in person or by attorney. A full and fair
hearing shall be given by the city council, which hearing may be adjourned from
time to time or day to day without further notice. The city council shall have
the power to inquire into and determine all facts necessary to the adjudication
of such objections and the ascertainment of special benefits to the owner of
the property, and to the property, by the performance of the work necessary to
do the identical things mentioned and set forth in the resolution and notice
and shall render such judgment or order in each case as may be just and proper.
Any objection to the regularity of the proceedings or the validity of any
assessment or the determination of personal liability against such property, or
its owner, shall be deemed waived unless presented at the time and in the
manner prescribed by this section. (Code 1941, Art. 86-51)
SEC. 19-10.   SAME - SAME - ASSESSMENT TO BE MADE BY ORDINANCE; RECORDING LIEN;
ASSESSMENT TO EQUAL BENEFIT TO PROPERTY OR OWNER.
   When the hearing provided for in Section
19-9 has been concluded, the city council shall, by ordinance, assess against
the owner of the property and against his property the cost of the work
performed in doing the things provided for and set forth in the resolution and
notice, including the cost of the publication of the notice, and shall adjudge
and declare a personal liability against such owner of such property and
against the property, and shall also adjudge and declare a privilege lien
thereon. The city manager or director shall forthwith thereafter file with the
county clerk a statement of such assessment and expenses, provided it shall
have been determined by the council upon such hearing that the owner and his
property has been benefited and enhanced in value in an amount at least equal
to the assessment and expenses. If in any case it shall be determined on such
hearing that the property of any owner is not benefited and enhanced in value
by the performance of the work thereon, then no such assessment shall be made
against the property or against the owner thereof; provided, however, that if
after such hearing it shall be determined by the council that the property has
been benefited and enhanced in value in an amount less than the cost of such
work so done thereon, together with the cost of publication of the notice, then
the council shall assess against the owner and the property only such an amount
as shall equal the benefit received by such owner and his property. (Code 1941,
Art. 86-52; Ord. 27697)
SEC. 19-11.   SAME - SAME - ORDINANCE TO FIX LIEN AND TIME OF PAYMENT; INTEREST
RATE.
   The ordinance making the assessment against the property, as provided for in
Section
19-10, shall fix a lien against the property of each of such owners, declaring
the owner thereof to be personally liable for the respective amounts which may
be assessed against them and set the time in which the assessment shall be paid
which time shall not be longer than 30 days from the date of the making of the
assessment. Such assessment shall bear interest at the rate of 10 percent per
annum from the date of making the same. Any number of assessments against
different pieces of property may be levied in one and the same ordinance. (Code
1941, Art. 86-53)
SEC. 19-12.   SAME - SAME - PRIORITY OF ASSESSMENT LIEN; ENFORCEMENT.
   The amount assessed under the terms of this article against any property or
owner thereof shall be secured by a privilege lien upon the property to secure
the expenditure so made. Such liens shall be second only to tax liens and liens
for street improvements, and such assessment shall constitute a personal
liability against the owner of the property in favor of the city. Such liens
and liability may be enforced by suit in any court having jurisdiction and the
assessment aforesaid or a certified copy thereof shall be prima facie evidence
of the amount expended in any such work or improvement. (Code 1941, Art. 86-54)
SEC. 19-13.   SAME - SAME - CONTEST OF ASSESSMENT; BAR.
   Any person having any interest in any property against which any assessment
shall have been made or levied under the provisions of this article shall have
the right to contest the assessment or the validity thereof, or the regularity
of any proceeding with reference to the assessment, or the special benefits
received by the owner of such property, by filing suit in any court having
competent jurisdiction thereof, in which suit the city shall be defended;
provided, that such suit shall be brought within 10 days from the date of the
passage of the ordinance levying such assessment against such property and if
not so brought, then the owner or other person having an interest in the
property shall thereafter be barred and estopped to question the validity of
such proceedings, assessment, liability and lien thereby fixed. This bar and
estoppel shall apply to the heirs, assigns, successors and legal
representatives of such person. (Code 1941, Art. 86-55)
SEC. 19-14.   TRASH, ETC., NOT TO BE THROWN FROM HOUSES.
   No person shall throw any article, trash, filth, slop or anything else,
whatever, from the roof or upper story, or window of a house, upon the house or
premises of another or upon any street or sidewalk. (Code 1941, Art. 87-4)
SEC. 19-15.   THROWING TRASH UPON PUBLIC PLACES PROHIBITED.
   No person shall throw, or permit anyone in his employ to throw upon any
public place, any animal or vegetable substance whatever, or any tin, rock,
brick or broken concrete, glass, glass bottle, nails, tacks, wire, cans, pieces
of iron or any other substance likely to injure any person, animal or vehicle
upon any public place. (Code 1941, Art. 86-61)
SEC. 19-16.   DEPARTING TENANTS REQUIRED TO LEAVE BUILDING AND PREMISES CLEAN
AND SANITARY.
   Whenever any person now occupying or using or hereafter occupying or using
any building or premises in the city, improved or unimproved, whether such
person be the owner, lessee or tenant, or any other manner occupying the same,
shall remove from and vacate such building or premises, then it shall be the
duty of such person so vacating or removing from such building or premises to
immediately remove therefrom all loose paper, garbage, filth, rubbish and waste
matter of every kind and character and to place the building so vacated and the
premises adjacent thereto or used in connection therewith in a clean and
sanitary condition. (Code 1941, Art. 87-8)
SEC. 19-17.   UNWHOLESOME PREMISES - GENERALLY.
   No person shall suffer or permit any cellar, vault, drain, pool, privy,
sewer, yard, grounds or premises belonging to or controlled or occupied by him
to become, from any cause, nauseous, foul, offensive or injurious to the public
health, or unpleasant and disagreeable to adjacent residents or persons. (Code
1941, Art 86-17)
SEC. 19-18.   SAME - INSPECTION OF PREMISES; REPORT OF OFFENSES.
   The police, the director, the city health officer, or the city environmental
health officer, and such other officers, employees, or agents as may be
designated by the director, the city health officer, or the city environmental
health officer for that purpose are authorized to enter and examine all
tenements, cellars, and other places within the city. If they find any nuisance
or filth, they shall report the same immediately to the director, the city
health officer, or the city environmental health officer and make a complaint
before the municipal court, unless the owner or occupant immediately causes the
same to be removed. (Code 1941, Art. 86-66; Ord. 27697)
SEC. 19-19.   SLAUGHTER OF ANIMALS IN THE CITY.
   (a)   A person commits an offense if he operates or maintains any hidehouse,
slaughterhouse, or slaughter pen, yard, ground, or premises, used for any
purpose whatever, in the city or within 3,000 feet of the corporate line, in
such manner as to exude noxious odors or stenches, be offensive or disagreeable
to any of the inhabitants of the city, or be injurious to the health or comfort
of any of the inhabitants of the city.
   (b)   A person commits an offense if he kills or slaughters, or causes the
killing or slaughter of, any animal within the city for the purpose of selling,
bartering, donating, or using the animal’s flesh for any form of human
consumption. It is a defense to prosecution under this subsection that the
animal was killed or slaughtered:
      (1)   in a slaughterhouse or in a food products establishment, as defined
in Chapter 17 of this code, that is operating in compliance with all applicable
city ordinances and state and federal laws; or
      (2)   as part of a religious ritual or ceremony. (Code 1941, Art. 86-26;
Ord. 21962)
SEC. 19-20.   DEPOSITING FILTH ON PREMISES PROHIBITED; OWNER TO REMOVE ANIMAL
CARCASSES.
   No person shall deposit or place in or on any premises, public or private,
enclosed or common, within the city, any vegetable or animal matter or slop, or
any filth of a character likely to affect the public health or to produce
offensive smells, nor shall any person suffer the carcass of any dead animal,
which at its death belonged to him, to be or remain in or upon any such place
more than six hours after its death. (Code 1941, Art. 86-22)
SEC. 19-21.   GREEN OR DECAYED HIDES.
   The depositing, storing, trimming, scouring or treating of any green,
tainted, decaying or malodorous hide in the city is hereby declared to be a
nuisance, and no person shall hereafter deposit, store, trim, scour, cure or
treat any green, tainted, decaying or malodorous hide at any place within the
corporate limits of the city; provided, that the receiving, trimming, weighing
of green hides not tainted, decaying or malodorous within the limits of the
city where the person so receiving, trimming or weighing the same shall not
permit the hides or any trimmings therefrom to remain within the city limits
more than four hours shall not be deemed a violation of this section; provided
further, that the resalting of untainted green salt-hides within the city is
not hereby prohibited. (Code 1941, Art. 86-23)
SEC. 19-22.   CAUSING OFFENSIVE SUBSTANCE TO BE DISCHARGED ON ADJACENT
PREMISES.
   Whoever shall cause or permit any nauseous, foul or putrid liquid or
substance, or any liquid or substance likely to become nauseous, foul,
offensive or putrid, to be discharged, placed or thrown on, or to flow out of
any premises into or upon any adjacent premises, or any street or alley, is
guilty of an offense. (Code 1941, Art. 86-20; Ord. 19963)
SEC. 19-23.   DRINKING CUPS FOR COMMON USE.
   The common use of a drinking cup or receptacle for drinking water in any
theater, factory, store, office building, school, public hall, park or in any
public place or street in the city, or the furnishing of such place, is hereby
prohibited and declared to be unlawful. The term “common use” as used in this
section shall be construed to mean for use by more than one person without
being sanitized after each use. Any person violating this section is guilty of
an offense. (Ord. Nos. 7802; 19963)
SEC. 19-24.   TOWELS FOR COMMON USE.
   No person owning or in charge or control of any lavatory or washroom in any
hotel, restaurant, factory, store, office building, school, public hall or
public place or building shall maintain, in or about such lavatory or washroom,
any towel for common use, or expose for use or allow to be exposed for use, any
towel to be used by more than one person. The term “common use” as used in this
section shall be construed to mean for use by more than one person without
being washed after such use. Any person violating any of the provisions of this
section is guilty of an offense. (Ord. Nos. 7802; 19963)
SEC. 19-25.   BRINGING INFECTED PERSON OR PROPERTY INTO CITY.
   Any person who shall bring, or cause to be brought, into the city any person
or property of any kind tainted or infected with malignant fever, smallpox or
other contagious or infectious disease is guilty of an offense. (Ord. Nos.
7802; 19963)
SEC. 19-26.   BUSINESSES OR SUBSTANCES INJURIOUS TO HEALTH.
   If anyone within the city shall carry on any trade, business or occupation
injurious to the health of those who reside in the vicinity, or shall suffer
any substance which shall have that effect to remain on his premises, in his
possession or under his control, he is guilty of an offense. (Code 1941, Art.
86-25; Ord. 19963)
SEC. 19-27.   VITAL STATISTICS - RECORDS TO BE KEPT.
   It shall be the duty of the registrar or acting registrar of vital
statistics to keep a microfilm record of each birth, death and stillbirth
certificate filed through the local office of vital statistics, and that a
duplicate or master film be maintained in a safe place of storage for making
extra film copies when old record films wear out. (Ord. 7807)
SEC. 19-28.   FEES FOR VITAL STATISTICS RECORDS.
   (a)   The local registrar of vital statistics for the city of Dallas is
authorized, and has the duty, to issue to any applicant a certified copy of any
birth or death certificate that is of record in the local registrar’s office.
The local registrar shall charge the same fees for vital statistics records as
are charged by the Texas Bureau of Vital Statistics, as set forth in Section
181.22 of the Texas Administrative Code, as amended.
   (b)   In addition to the fees charged under Subsection (a), the local
registrar shall charge the following fees:
      (1)   A $1 vital statistics record preservation fee will be collected
upon the issuance of each record of vital statistics, as authorized by Section
191.0045(h) of the Texas Health and Safety Code, as amended.
      (2)   An applicant requesting that a vital statistics record be mailed
will be charged:
         (A)   $1 if the record is sent by standard mail; and
         (B)   $17.50 if the record is sent by express overnight service.
   (c)   Notwithstanding Subsections (a) and (b) of this section, no fees will
be charged when an exemption set forth in Section 191.0046 of the Texas Health
and Safety Code, as amended, applies. (Ord. Nos. 7807, 8896, 13485; 15971;
17237; 19861; 20448; 21162; 21251; 22072; 22569; 25048; 25384)
SEC. 19-29.   SAME - RECORD OF CERTIFIED COPIES ISSUED TO BE KEPT; DISPOSITION
OF FEES.
   It shall be the duty of the registrar of vital statistics to keep a record
in a well-bound book of each certified copy of a certificate issued under the
preceding section, and to give a receipt to the applicant for the amount of fee
collected by the officer. All fees so collected shall be deposited in the
general fund of the city. (Ord. 7807)
SEC. 19-30.   MOSQUITO-BREEDING WATERS - GENERALLY.
   It shall be unlawful for the occupant or owner of any premises in the city,
or within 3,000 feet of the corporate limits thereof, or the agent of the
owner, if the owner be a nonresident or absent from the city, to cause, suffer
or permit any collection of standing or flowing water in which mosquitoes breed
or are likely to breed on such premises, unless such collection of water is
treated in the manner prescribed by the health officer of the city or his duly
authorized representative, so as to prevent the breeding of mosquitoes, and any
such collection of water so unlawfully maintained is hereby declared to be a
nuisance. (Code 1941, Art. 86-37)
SEC. 19-31.   SAME - DEFINED.
   The collection of water to be considered as coming within the terms of
Sections
19-30 to
19-33 are those which are contained or may hereafter be contained in ditches,
ponds, pools, excavations, holes, depressions, open cesspools, privy vaults,
fountains, cisterns, tanks, shallow wells, barrels, troughs (except horse
troughs in frequent use), urns, cans, boxes, bottles, tubs, buckets, defective
house roof gutters, tanks of flush closets or other similar water containers.
(Code 1941, Art. 86-38)
SEC. 19-32.   SAME - METHOD OF TREATMENT.
   The methods of treatment of any collection of water for the purpose of
preventing the breeding of mosquitoes must be approved by the director, the
city health officer, or the city environmental health officer or their duly
authorized representatives, and may be one or more of the following:
      (1)   Screening with wire netting of at least 16 meshes to the inch one
way or any other material that will effectually prevent the ingress or egress
of mosquitoes.
      (2)   Complete emptying every seven days of unscreened containers
together with their thorough drying or cleaning.
      (3)   Using an approved larvicide.
      (4)   Covering completely the surface of the water with kerosene,
petroleum, or paraffin oil once every seven days.
      (5)   Cleaning and keeping sufficiently free of vegetable growth and
other obstructions, and stocking with mosquito-destroying fish; absence of
half-grown mosquito larvae is evidence of compliance with the measure.
      (6)   Filling or draining to the satisfaction of the director, the city
health officer, or the city environmental health officer, or their duly
authorized representatives.
      (7)   Proper disposal of tin cans, tin boxes, broken or empty bottles,
and similar articles likely to hold water. (Code 1941, Art. 86-39; Ord. 27697)
SEC. 19-33.   SAME - PENALTY.
   If any person responsible for the existence of any condition that gives rise
or is likely to give rise to the breeding of mosquitoes fails or refuses to
immediately take all necessary measures directed by the director, the city
health officer, or the city environmental health officer or their duly
authorized representatives to prevent the same in accordance with the terms of
this article, after notice to do so, that person commits an offense. (Code
1941, Art. 86-40; Ord. Nos. 19963; 27697)
SEC. 19-34.   CISTERNS, ETC., TO BE SCREENED.
   It shall hereafter be unlawful to own, use, keep or maintain within the
corporate limits of the city any cistern or cisterns, tub or tubs, barrels or
other receptacles for the storing of water therein without having the top of
such cisterns, tubs, barrels or other receptacles covered with a wooden or
metallic cover or wire screen or material, or by two or more characters of
coverings, so constructed and adjusted as to prevent any mosquitoes from
entering into any such cisterns, tubs, barrels or other receptacles, or from
coming in contact with the water therein. (Code 1941, Art. 86-42)
SEC. 19-34.1.   ACCUMULATION OF TIRES.
   (a)   Definition. In this section, TIRE means any motorcycle, automobile,
truck, trailer, tractor, or other vehicle tire.
   (b)   Roofed structure required. Every person owning, managing, operating,
leasing, or renting any premises where one or more new, used, or old tires are
stored or allowed to accumulate shall keep the tires under a roofed structure
on the premises that is:
      (1)   of sufficient capacity to contain the tires and keep them from
being exposed to rain, irrigation, or any other source of water;
      (2)   kept clean and free from the accumulation of any material or
substance that might attract flies, rodents, or other insects or pests; and
      (3)   kept locked or otherwise secured to prevent the tires from being
removed from the structure without the express authorization of the person
owning, managing, operating, leasing, or renting the premises.
   (c)   Inspections, investigations, and enforcement. The director, the city
health officer, the city environmental health officer, and their authorized
agents or representatives, and police officers, code enforcement officers, and
any other persons designated by the city council or the city manager, have the
authority and responsibility to conduct inspections, investigations, and
enforcement activities on all premises within the city to ensure compliance
with this section.
   (d)   Penalty.
      (1)   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 of not less than $500 or more than $2,000.
      (2)   A culpable mental state is not required for the commission of an
offense under this section.
      (3)   Prosecution for an offense under Paragraph (1) of this subsection
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.
25635; 27697)
SEC. 19-35.   POLLUTING WELLS.
   Whoever shall throw, cast or deposit any filth, substance or thing in any
public or private well or cistern is guilty of an offense. (Code 1941, Art. 86-
30; Ord. 19963)
SEC. 19-36.   GILL WELL - GENERALLY.
   It shall be unlawful for any person to traffic in or sell any of the mineral
water known as Gill Well water save and except such person as may exercise such
right under a contract with the city.
   The term “traffic in” Gill Well water shall mean any person deriving a
compensation from the business of delivering or soliciting orders for or
selling Gill Well water, or who may make a livelihood out of delivery or
soliciting orders, or the sale of same. (Code 1941, Arts. 156-1, 156-2)
SEC. 19-37.   SAME - TRESPASSING UPON.
   It shall be unlawful for any person to willfully interfere with, trespass
upon, deface or abuse any of the property, pipes, faucets or connections
connected with Gill Well or the water flowing from such pipes, without first
obtaining the permission of the city council. (Code 1941, Art. 156-3)
SEC. 19-37.1.   RESERVED.
   (Repealed by Ord. 18961)
SEC. 19-38.   DIAPER CHANGING ACCOMMODATIONS IN RESTROOMS.
   (a)   In general. Except as provided in Subsection (d), it shall be unlawful
to operate a use listed in Subsection (c) or a city-owned building that is not
equipped with a minimum of one safe, sanitary, and convenient diaper changing
accommodation in each publicly available and accessible restroom.
   (b)   Definitions. In this section,
      (1)   DIAPER CHANGING ACCOMMODATION means a table or other device
suitable for changing the diaper of a child age three or under.
      (2)   MAJOR RENOVATION means reconstruction, alteration, or renovation of
a main structure that involves reconfiguration of a publicly available and
accessible restroom.
      (3)   NEW CONSTRUCTION means construction of a main structure that did
not exist as of May 8, 2019 and requires public restrooms.
   (c)   Applicability. This section only applies to new construction and major
renovations of:
      (1)   city-owned buildings;
      (2)   structures containing the following land uses as defined in Chapter
51, "Dallas Development Code":
         (A)   clothing store;
         (B)   drive-in restaurant;
         (C)   drug store;
         (D)   hardware or sporting goods store;
         (E)   home improvement center;
         (F)   restaurant without drive-in service;
         (G)   retail food store;
         (H)   theatre; and
      (3)   structures containing the following land uses as defined in Chapter
51A, "Dallas Development Code":
         (A)   general merchandise or food store 3,500 square feet or less;
         (B)   general merchandise or food store greater than 3,500 square
feet;
         (C)   general merchandise or food store 100,000 square feet or more;
         (D)   restaurant without drive-in or drive-through service;
         (F)   restaurant with drive-in or drive-through service; and
         (G)   theater.
   (d)   Exception. The requirement in Subsection (a) does not apply to a
restroom that contains clear and conspicuous signage indicating where an
alternative restroom with a diaper changing accommodation is located. The
alternative restroom must be one that is assigned to individuals of the gender
of the original restroom or one that is available to all individuals. (Ord.
31193)
ARTICLE II.
CITY HEALTH OFFICER.
SEC. 19-39.   RESERVED.
   (Repealed by Ord. 17226)
SEC. 19-40.   AUTHORITY TO ISSUE WARRANTS.
   The city health officer shall have the authority to issue warrants for the
arrest of persons violating the provisions of the sanitary code of the city and
for the confinement of persons suffering from venereal and communicable
diseases. (Code 1941, Art. 24-3; Ord. 17226)
SEC. 19-41.   SUPERVISION AND CONTROL OVER MATTERS PERTAINING TO HEALTH.
   The city health officer shall have direct supervision and control over all
matters pertaining to the health of the citizens of the city and over the
enforcement of all laws and ordinances, rules and regulations dealing with
public health, sanitary and hygienic conditions within the city, and the
supervision and prevention of infectious and contagious diseases. (Code 1941,
Art. 24-4; Ord. 17226)
SEC. 19-42.   POLICE POWERS.
   The city health officer shall be clothed with all necessary police powers to
properly perform the duties of his office, and the term city health officer
shall mean the city health officer or his duly authorized representatives.
(Code 1941, Art. 24-5; Ord. 17226)
SEC. 19-43.   AUTHORITY TO INSPECT.
   The city health officer and those working directly under his supervision
shall enforce the provisions of this chapter and for this purpose may at all
reasonable times with the permission of the owner or occupant or upon issuance
of an appropriate warrant enter in and upon any premises within the city or
within 3,000 feet of the corporate limits thereof. (Code 1941, Art. 86-41; Ord.
17226)
SEC. 19-44.   REFUSAL TO ALLOW INSPECTION.
   Any person refusing to allow the city health officer or any authorized agent
or representative of the city health officer to make an inspection as
authorized by Section
19-43 of this chapter is guilty of an offense. (Ord. Nos. 3643; 17226; 19963;
22026; 27697)
SEC. 19-45.   RESERVED.
   (Repealed by Ord. 17226)
SEC. 19-46.   AUTHORITY TO PASS RULES AND REGULATIONS.
   The city health officer is hereby authorized and empowered to promulgate
such additional rules and regulations, not inconsistent with the laws of this
state and this code, as he may deem conducive to the preservation of the health
of the city. (Ord. Nos. 4404; 17226)
SEC. 19-46.1.   RESERVED.
   (Repealed by Ord. 17393)
ARTICLE III.
RESERVED.
SECS. 19-47 THRU 19-59.
(Repealed by Ord. 27697)
ARTICLE IV.
INFECTIOUS AND COMMUNICABLE DISEASES.
SEC. 19-60.   DEFINITIONS.
   For the purposes of this article, the following words and phrases have the
meanings respectively ascribed to them by this section:
      (1)   ABSOLUTE ISOLATION includes: First, the confinement of the patient
and attendants to one room or suite of rooms, to which none but authorized
officers or attendants shall have admission; second, screening of room and
entire house if necessary with not less than 16-mesh wire gauze; third, the
prohibition of passing out of the sick room of any object or material until the
same has been thoroughly disinfected; fourth, if, in the opinion of the
director of public health the patient cannot be treated with reasonable safety
to the public at home, the removal of the patient and contacts to a contagious
disease hospital.
      (2)   ABSOLUTE QUARANTINE includes: First, absolute prohibitions of
entrance to or exit from the building or conveyance except by officers or
attendants authorized by the director of public health, and the placing of
guards, if necessary, to enforce this prohibition; second, the posting of a
warning placard bearing the name of the disease quarantined in letters not less
than one inch high in a conspicuous place or places on the outside of the
building or conveyance; third, the prohibition of the passing out of any object
or material from the quarantined house or conveyance; fourth, provision for
conveying the necessities of life, under proper restrictions, to those in
quarantine.
      (3)   A CARRIER means a person who, without symptoms of a communicable
disease, harbors and disseminates, or is likely to disseminate, the infectious
agent of that disease.
      (4)   CLEANSING means the removal by scrubbing and washing of organic
matter on which and in which micro-organisms may find favorable conditions for
prolonging their life and virulence and the removal by the same means of micro-
organisms adherent to the surface.
      (5)   COMMUNICABLE DISEASES means such diseases as are communicable
through the conveyance of the infectious agent of the disease.
      (6)   COMPLETE DISINFECTION means disinfection during illness, under the
direction of the director of public health, of a patient’s body, of all
excretions or discharges of a patient, and of all articles of clothing and
utensils used by a patient and, after recovery, death, or removal, the
disinfection of walls, woodwork, furniture, bedding, and other items.
      (7)   CONTACT means a person who has been sufficiently near to an
infected person or anything contaminated by an infectious agent to make
possible the transmission of the infectious agent to the person.
      (8)   CULTURES means growths of micro- organisms in or upon artificial
media. The material for culture is obtained from body fluids, secretions, or
excreta and is used for the purpose of determining the presence of the
infectious agent.
      (9)   DISINFECTION means the process of destroying the vitality of the
disease-producing organisms by physical or chemical means.
      (10)   DIRECTOR OF PUBLIC HEALTH or DEPARTMENT OF PUBLIC HEALTH means the
city health officer.
      (11)   IMMUNES means persons having had the disease. Persons having a
negative Schick test will be considered immune to diphtheria. Persons having
had immune globulin for measles, toxoid for whooping cough, or vaccines for
typhus and typhoid are not considered as being immune.
      (12)   INCUBATION PERIOD of a communicable disease means the interval
that usually elapses between the time of the implanting of the specific
pathogenic agent into the body of a susceptible person and the manifestation of
the first symptoms of the disease.
      (13)   INFECTIOUS AGENT means a living micro-organism capable, under
favorable conditions, of inciting a communicable disease. The words “germ,”
“micro-organism,” “infectious agent” and “virus” are used interchangeably.
      (14)   ISOLATION means the separation of persons suffering from a
communicable disease, or carriers of the infectious organism, from other
persons in such places and under such conditions as will prevent the direct
conveyance of the infectious agent to susceptible persons.
      (15)   MODIFIED ISOLATION includes: First, the confinement of the patient
and attendants to one room or suite of rooms to which none but authorized
officers or attendants shall have admission, but allowing the attendants to
pass out of the room after disinfection of person and complete change of
clothing; second, screening as provided in the definition of absolute
isolation; third, the prohibition of passing any object or material out of the
such room until it has been disinfected.
      (16)   MODIFIED QUARANTINE includes: First, prohibition of entrance and
exit, an absolute quarantine except against certain members of the family
authorized by the director of public health to pass in and out under certain
definite restrictions; second, the placing of a placard as provided in the
definition of absolute quarantine; third, isolation of the patient and
attendant; fourth, prohibition of the carrying out of any object or material
unless the same has been thoroughly disinfected.
      (17)   PARTIAL DISINFECTION means disinfection of discharges or
excretions of patients and their clothing and the room or rooms occupied by the
patients during illness.
      (18)   PERIOD OF COMMUNICABILITY means the time during which a person
affected with a communicable disease is capable of transmitting the infectious
agent to others.
      (19)   QUARANTINE means the confining of persons, animals, or materials
within a designated area and excluding other persons, animals, or materials
from such area.
      (20)   RENOVATION means, in addition to cleansing, such treatment of the
walls, floors, and ceilings of rooms or houses as may be necessary to place the
premises in a satisfactory sanitary condition. (Ord. Nos. 4404; 27697)
SEC. 19-61.   COMMUNICABLE DISEASES ENUMERATED.
   The following diseases are declared to be communicable through the
conveyance of an infectious agent and must be reported: Anthrax; Asiatic
cholera; botulism; bubonic plague; chancroid; chickenpox; conjunctivitis; acute
infectious; dengue; diphtheria; dysentery, amebic; dysentery, bacillary,
dysentery, unspecified; encephalitis; lethargica; food infections; German
measles; glanders; gonorrhea; granuloma inguinale; hookworm; impetigo,
contagiosa; influenza; leprosy; lymphogranuloma venereum; malaria; measles;
meningitis, epidemic cerebrospina; mumps; ophthalmia, neonatorium; paratyphoid
fever; pneumonia, bronchial; pneumonia, lobar; poliomyelitis, acute;
psittacosis; rabies, human; rabies, animal; rat-bite fever; relapsing fever;
rheumatic fever; Rocky Mountain spotted fever; salmonella infection; scabies;
scarlet fever; septic sore throat; smallpox; syphilis; tetanus; trachoma;
trichinosis; tuberculosis; tularemia; typhoid fever; typhoid carriers; typhus
fever; undulant fever; Vincent’s angina; Weil’s disease; whooping cough;
streptococcal sore throat; streptococcal tonsillitis; streptococcal
nasopharnyitis; yellow fever, and other diseases which in the opinion of the
director of public health may be communicable. (Ord. Nos. 4404; 5869)
SEC. 19-62.   REPORTS OF COMMUNICABLE DISEASES.
   Every physician shall report in writing and, when practicable, by an
acknowledged telephone communication to the department of public health, within
12 hours after having seen, professionally, each person having or whom he
suspects of having any communicable disease, as defined in Section
19-60 and enumerated in Section
19-61.
   The attending physician is authorized and it is made his duty to place the
patient under the restrictions of quarantine described in this section in the
case of each respective disease. The following data are required: Date of
onset; disease or suspected disease; patient’s name, age, sex and color;
patient’s address; school attended or place of employment; occupation; number
in household, adults and children; probable source of infection or origin of
disease; if disease is smallpox, type, number of times successfully vaccinated
(in typhoid fever also), and approximate dates; and, if typhoid fever,
salmonellosis, tuberculosis, dysenytery, undulant fever, scarlet fever,
diphtheria, acute anterior polio-myelitis, cerebro-spinal meningitis, or septic
sore throat, was patient, or is any member of the household, engaged in the
production or handling of milk or any other food directly; name and address of
person making report, and date of same. Such report shall be made within 12
hours after the case comes under observation.
   Every hotel proprietor or manager, keeper of a boardinghouse or head of a
family, having knowledge of any person infected with or who is suspected of
being infected with any of the diseases enumerated in Section
19-61 of this article, and every teacher or principal of any public, private or
parochial school, having knowledge of a pupil, teacher or employee infected
with or who is suspected of being infected with any of the diseases enumerated
in such section, shall report same to the department of public health within 12
hours of the time of his first knowledge of the nature of such disease;
provided, that should the case have been reported by the attending physician,
no further report will be required.
   Persons with the premonitory symptoms of whooping cough, whether positively
diagnosed as such or not, must be reported to the department of public health
by the attending physician, by acknowledged telephone communication or in
writing, within 24 hours of the time the patient is first seen. Conclusive
proof that the case is suspected of being whooping cough by the attending
physician will consist of his having advised the patient, its parent or
guardian, as to the treatment of whooping cough; or of his having stated to the
patient, its parent or guardian that he suspects whooping cough; or of his
having administered pertussis vaccine, or any other treatment for whooping
cough.
   Whenever a person suspected of having any contagious disease as defined in
Revised Civil Statutes, Section 4477, or in Section
19-60 and enumerated in Section
19-61, is reported to the department of public health, the director of public
health shall investigate same and if unable to make a diagnosis, shall placard
the house with a placard bearing the words “Suspected Contagious Disease
Within,” and shall institute the type of quarantine applicable to the disease
suspected until such time as diagnosis is made, or until the case is declared
no longer contagious.
   Whenever a physician is called to attend a patient who is suffering with
diphtheria (membranous croup), he shall report the same to the department of
public health by acknowledged telephone communication within one hour of the
time the patient is first seen. If the attending physician suspects diphtheria,
to the extent that he administers or advises the administration of a diphtheria
anti-toxin, he shall report same to the department of public health by
acknowledged telephone communication within one hour of the time the anti-toxin
is administered or advised to be administered. (Ord. 4404)
SEC. 19-63.   LABORATORY EXAMINATIONS AND REPORTS; AUTHORITY OF HEALTH OFFICER
TO INSPECT LABORATORIES AND BLOOD BANKS AND BLOOD TRANSFUSION SERVICES.
   (a)   The director of public health shall secure material for cultures, or
specimens for bateriological or other laboratory examinations to assist in
determining the diagnosis whenever in his judgment such procedure is necessary,
and any person, when so requested by him or his authorized representative,
shall permit such specimen to be taken.
   The director of public health, or his representative, is hereby given
authority to inspect all bacteriological or clinical laboratories in the city
in which material from persons affected with communicable diseases is examined.
   Whenever an examination for diagnosis by a laboratory or any person other
than the physician in charge of the person from whom a laboratory specimen is
taken discloses the existence of a case of communicable disease, the person in
charge of the laboratory making the examination shall report all the facts,
including the name and address of the patient, to the department of public
health within 24 hours of the time diagnosis is made.
   Persons in charge of laboratories shall make such reports to the department
of public health as the director of public health may require.
   (b)   The director of public health, or his representatives, are hereby
given authority to inspect all blood banks and blood transfusion services in
the city (and blood banks and blood transfusion services in adjoining county
towns whenever blood and blood derivatives are imported for use within the city
limits) to determine compliance with current standards of blood banking and
blood transfusion services established by the Division of Biologics Standards
of the National Institutes of Health, the American Association of Blood Banks
and the Dallas County Medical Society, and compliance with rules and
regulations which might be adopted by the state department of health. The
director of public health may require one or more experts in the field of blood
banking to assist him, in an advisory capacity, in the inspection of any blood
bank.
   The director of public health shall be informed of existing and proposed
blood banking and blood transfusion services within the community and shall
offer rules and regulations for the location and construction of the blood
bank, including plumbing, heating, refrigeration, lighting, ventilation,
electrical services and all sanitary conditions and general hygiene which shall
insure the conduct and operation of the blood bank in a manner which will
protect the public health.
   The organization of new blood banking and blood transfusion services and the
modification of existing ones shall have, in the interest of public health and
safety, the approval of the department of public health and of the Dallas
County Medical Society (or the Dallas County Osteopathic Society if it pertains
to an osteopathic institution). In order to secure such approval, blood banking
and blood transfusion services shall have as responsible medical director a
physician licensed by the state board of medical examiners. If any change
occurs in the location, the licensed physician supervision or directorship of
the blood bank, or upon the discovery of a reportable communicable disease or
other condition injurious to the health, safety and welfare of the public, the
director of such blood bank shall inform or report such occurrence to the
director of public health within 48 hours. (Ord. Nos. 4404; 11452)
SEC. 19-64.   MEASURES FOR CONTROL IN SCHOOLS.
   The teacher, principal or president of any school, college, university of
Sunday school having under his care any pupil who appears to be affected by any
communicable disease shall promptly send such pupil home or separate him from
other pupils until examined by a physician. The teacher, principal or president
shall report the case in accordance with Section
19-62.
   In the event of the presence of any disease as specified in Section
19-61, the director of public health may cause to be examined any pupils,
teachers or other persons employed in the schools, and may take any measures
necessary to prevent the spread of disease. All school authorities and
employees shall conform to all rules and regulations of the department of
public health for the accomplishment of this end.
   Children having scarlet fever, diphtheria, acute poliomyelitis or smallpox,
and their contacts, may return to school only after presentation to the
principal of a certificate of freedom from disease signed by the director of
public health or his authorized representative. Children having had other
diseases may return only after presenting to the principal a certificate of
freedom from disease signed by the attending physician or the director of
public health, or after it is determined that the minimum period of isolation
prescribed in Section
19-71 for the disease the child had is completed. In cases where the director
of public health has had to exercise his discretion in quarantining, the
authorization to return to school must be given by the director of public
health, or his authorized representative. When in doubt concerning any case,
the school principal may require that release certificates be signed personally
by the director of public health or assistant director of public health.
   No superintendent, principal or teacher of any school, and no parent or
guardian of any child or minor, shall permit any such child or minor having
head lice or body lice to attend any public, private, parochial or Sunday
school until such child or minor shall have obtained a certificate from the
department of public health or from a private physician attesting to his
freedom from lice. (Ord. Nos. 4404; 5869)
SEC. 19-65.   INTERFERENCE WITH DIRECTOR OF PUBLIC HEALTH.
   If any principal, school teacher, superintendent, or other person in charge
of any school or otherwise connected with any school willfully attempts to
obstruct or interfere with the director of public health or any authorized
person assisting in carrying out the provisions of this article, he shall be
guilty of an offense. (Ord. Nos. 7802; 19963)
SEC. 19-66.   MEDICAL CERTIFICATES REQUIRED OF DOMESTIC SERVANTS.
   Domestic servants and employees must secure the medical certificate provided
for in Chapter 17 before entering upon their duties or before continuing their
duties as such domestic servants or employees, and they shall pay the same fees
as provided for in Chapter 17, “Domestic servant”. “Domestic servant” as used
herein means any servant or employee in any home or private residence engaged
in the usual and customary household duties, such as cooking, cleaning and
caring for or tending children. (Ord. 7804)
SEC. 19-67.   ISOLATION OF INFECTED PERSONS.
   The director of public health shall, when he is informed of the existence of
any malignant fever, smallpox or other pestilential, infectious or contagious
disease in the city, cause the person affected to be taken to such place as he
may designate for treatment. The place selected by the director of public
health shall be and become a pest house.
   The director of public health shall make, and he is hereby clothed with the
power to make, and enforce all proper regulations to keep the diseased person
so isolated from healthy persons and to prevent the intrusion of parties not
under his direction and control. (Ord. 7802)
SEC. 19-68.   PHYSICIANS TO REPORT CERTAIN DISEASES.
   Every practicing physician in the city is hereby required to report
immediately to the director of public health every case of diphtheria,
smallpox, influenza, scarlet fever or other contagious and infectious diseases
that he may be called upon to attend. Such report shall be in writing and
signed by such physician, and it shall be made within six hours after the
discovery of such disease and shall state the name, sex, place of residence and
color of the person afflicted with such disease and the character of such
disease. (Ord. 7802)
SEC. 19-69.   WHEN SCHOOL CHILDREN TO BE EXAMINED; PROHIBITING SCHOOL
ATTENDANCE.
   Whenever it shall come to the knowledge of the director of public health
that any infectious or contagious diseases exist or are likely to exist among
the school children or pupils attending the public schools of the city or
private schools, it shall be the duty of such officer to immediately examine
and investigate the condition of any such school, or of any child or pupil
attending same for the purpose of ascertaining if there exists any contagious
or infectious disease, or is likely to exist any contagious infectious disease.
If any pupil or child attending any school is found with any contagious
disease, he shall, upon the order of the officer, discontinue his attendance at
the school, and shall not return or attempt to return to same until the
infectious or contagious disease is entirely cured. It shall be the duty of the
teacher, principal or superintendent in charge of such pupil, child or school
to disallow and prohibit the child or pupil from attending the school until
such child or pupil is entirely cured and freed from any contagious or
infectious disease. (Ord. 7802)
SEC. 19-70.   HOTEL KEEPERS, ETC., TO REPORT INFECTIOUS DISEASES.
   When it shall come to the knowledge of the keeper or proprietor of any
hotel, tavern, boardinghouse or inn that any inmate thereof shall be sick with
smallpox, varioloid, yellow fever or any other infectious or contagious disease
he shall forthwith report the same to the director of public health. (Ord.
7802)
SEC. 19-71.   METHODS OF ISOLATION IN VARIOUS DISEASES.
   Every person suffering from any of the diseases mentioned in Section
19-61 shall isolate himself and every person in charge of such a person shall
isolate the person of whom he is in charge in the following manner: When the
disease is smallpox, the person affected shall be placed in absolute
quarantine; when the disease is diphtheria, acute poliomyelitis or scarlet
fever, the person affected shall be placed in modified quarantine; when the
disease is epidemic meningitis, the person affected shall be placed in modified
isolation; when the disease is malaria, yellow fever, dengue or encephalitis,
the person affected shall be kept in a screened room free from mosquitoes until
the infection organism is no longer found in the blood; when the disease is any
of the others mentioned in Section
19-61, the person affected shall be so restricted in movement that the disease
will not spread from him to others. No person other than the physician or
person in charge of or in attendance upon the patient shall enter any premises,
room or apartment quarantined for a communicable disease in violation of the
terms of the quarantine. No person shall wilfully or negligently expose any
other person to a communicable disease. (Ord. Nos. 4404; 5869)
SEC. 19-72.   PLACARDING.
   When there is a case of diphtheria, acute poliomyelitis, scarlet fever or
smallpox, the director of public health, or his duly authorized representative,
shall post a suitable placard or placards in a conspicuous place or places on
the premises, apartment or room where the disease exists; provided, that if the
case is under satisfactory hospital care, the placard may be omitted, except in
cases where the placard is needed for control of contacts. The director of
public health shall placard any premises wherein there is any person having a
communicable disease, if that person does not isolate himself in a manner that
will assure the prevention or spread of disease from himself to others. No
person shall remove such placard except the director of public health or his
authorized representative. (Ord. Nos. 4404; 5869)
SEC. 19-73.   MINIMUM PERIODS OF ISOLATION.
   The minimum periods of isolation in various diseases shall be as follows:
Scarlet fever, until 14 days from onset of the disease; diphtheria, until two
negative nose and throat cultures taken not less than 24 hours apart are
obtained; acute poliomyelitis, until 14 days from onset of the disease;
epidemic meningitis, until seven days from onset of the disease, if the patient
is free of acute symptoms; smallpox, until all primary crusts have been shed;
measles and German measles, until seven days from onset of the rash;
chickenpox, until seven days from onset of the disease, or until all primary
crusts have disappeared; whooping cough, until four weeks from onset of
catarrhal symptoms, or three weeks from onset of paroxysmal cough; mumps, until
the swelling has disappeared; typhoid fever, until 10 days after temperature
reaches and remains normal, and thereafter until two stools, taken not less
than 48 hours apart, are negative for bacillus typhosus; all other diseases
mentioned in Section
19-61, until, in the opinion of the director of public health, the patient can
no longer transmit the infection. (Ord. Nos. 4404; 5514; 5869)
SEC. 19-74.   CONTROL OF CONTACTS.
   The director of public health shall have the power to isolate or restrict
the movement of any person who is known to have been exposed to any of the
communicable diseases named in Section
19-80 for a time equal to the maximum incubation period of the disease and in
the manner prescribed in Section
19-71. (Ord. 4404)
SEC. 19-75.   INCUBATION PERIODS.
   For the purpose of this article, maximum incubation periods shall be
considered to be as follows: Chickenpox, 18 days; measles, 18 days; German
measles, 21 days; typhoid and paratyphoid fevers, 28 days; acute poliomyelitis,
14 days; Rocky Mountain spotted fever, 12 days; scarlet fever, seven days;
whooping cough, 16 days; diphtheria, seven days; epidemic meningitis, 14 days;
mumps, 26 days; smallpox, 21 days. (Ord. 4404)
SEC. 19-76.   PROCEDURE WHEN DWELLING INFECTED.
   Whenever it shall be called to the attention of the director of public
health that a dwelling is infected with a contagious disease or that it is
dangerous due to inadequate ventilation and otherwise unsanitary and likely to
cause sickness among the occupants of such building, the director of public
health shall make an inspection of such building and if he finds that such
building is in truth and fact infected with a contagious disease or that it is
dangerous due to lack of ventilation, or is otherwise in an unsanitary
condition and likely to cause disease, then the director of public health shall
issue an order to the owner or agent, directing such owner or agent to
disinfect or decontaminate the building and to otherwise remedy any defects he
finds and upon the failure on the part of the owner or agent to conform with
this order within 10 days, the director of public health shall direct that the
building be vacated, if occupied, and that it remain vacant until the
conditions set forth in the order are corrected in conformity with this article
or any provisions of this code or other ordinances of the city, and if the
owner or agent shall not have remedied the conditions complained of, the
occupant or occupants shall be notified by the director of public health to
vacate the premises within three days, unless the director of public health
shall quarantine the entire premises and the occupants thereof, and it shall be
unlawful and an offense of any occupant to fail to comply with the notice or
order so issued. (Code 1941, Art. 49-11; Ord. Nos. 4404; 8049)
SEC. 19-77.   REMOVAL OF CERTAIN CASES TO HOSPITAL.
   When, in the opinion of the director of public health, proper isolation or
quarantine of a person affected with, or a contact, or a carrier of any of the
diseases mentioned in Section
19-61, is not or cannot be properly carried out on the premises occupied by
such person, the director of public health may cause such person to be removed
to a hospital or other proper place designated by the director of public
health. (Code 1941, Art. 49-12; Ord. 4404)
SEC. 19-78.   PRECAUTIONS BY ATTENDANTS.
   The physician or any other person permitted to visit a person affected with
a communicable disease shall practice such measures of personal cleansing,
disinfecting and all other precautions as are necessary to prevent the spread
of the disease to others. (Code 1941, Art. 49-13; Ord. 4404)
SEC. 19-79.   DISINFECTION.
   When any person is affected with a communicable disease, adequate
disinfection shall begin at its onset and continue until its termination. It
shall be the duty of the director of public health or his authorized
representative to give specific instructions to the person attending a case or
suspected case of communicable disease as to methods of disinfecting the
discharges and articles used by or on the patient, and it shall be the duty of
the person in charge to carry out such instructions. No article shall be
removed from quarantined premises without a permit from the director of public
health, or his authorized representative.
   When the case has terminated, the owner or occupant shall further disinfect,
clean or renovate the premises as the director of public health shall require.
Any articles which, in the opinion of the director of public health or his
representative cannot be properly cleansed or disinfected shall be destroyed.
The owner of any premises, apartment or rooms, which have been occupied by a
person affected with a communicable disease, shall not rent the same to others
or permit occupation by others until the premises have been cleansed to the
satisfaction of the director of public health or his representative. (Code
1941, Art. 49-14; Ord. 4404)
SEC. 19-80.   SPECIFIC PROVISIONS FOR CONTROLLING CERTAIN DISEASES.
   Directions shall be given by the director of public health, or his
authorized representative, to the nurse, attendant, head of the family or owner
of any premises, apartment or room, as the case may be, in the following
diseases, and in each case the party or parties concerned shall comply with the
instructions for control as outlined in this section: TYPHOID FEVER,
PARATYPHOID FEVER, ASIATIC CHOLERA, DYSENTERY (AMOEBIC, BACILLARY) AND
POLIOMYELITIS. Careful search for contacts by the director of public health and
nurse; instructions of family and attendant in nature of isolation; screening
of room free from flies, with wire screen doors adequate for exclusion of
flies; instruction of family in handling of food for household so that no fly
or article that has been in contact with patient may come in contact with food,
no milk bottle or other vessel for carrying milk shall be taken away from house
until case is terminated or upon written release from the director of public
health. In typhoid and paratyphoid, the director of public health shall
urgently recommend protective inoculation. Cases found in houses not screened
shall be protected within six hours by mosquito-bar netting and the room, house
or apartment in which patient is confined must be equipped with screen doors
within 48 hours.
   DIPHTHERIA. Careful search for contacts by director of public health and
nurse; instruction of family and attendant in nature of disease; all contacts
must be isolated and the director of public health will urge use of diphtheria
anti-toxin as a prophylactic. Exposed children, teachers, librarians, food
handlers and others whose work brings them in contact with the public must
change their address and give one negative culture from nose and throat before
returning to school or work. If they do not change their address, they shall be
excluded until one negative culture is taken after the case is terminated. The
householder shall not allow milk bottles or other containers to be taken from
house until termination of case and until same have been thoroughly disinfected
by boiling or by immersion for one hour in five per cent carbolic or lysol
solution, and upon written release by the director of public health.
   SCARLET FEVER, SEPTIC SORE THROAT, STREPTOCOCCAL SORE THROAT, STREPTOCOCCAL
NASOPHARYNGITIS. Children in the family shall be allowed to return to school
after period of incubation of diseases or upon the certificate of the attending
physician, or in the event there is no attending physician, on the certificate
of the director of public health or his authorized representative, certifying
that such children have received adequate and sufficient prophylaxis to render
them free from the presence of the infectious agent.
   DENGUE, MALARIAL FEVER AND YELLOW FEVER. Instructions by medical officer in
nature of infection, means of transmission and methods to be used for
preventing spread. Householder shall be instructed to rid house or premises of
all mosquitoes immediately, and to use means for the prevention of development
of mosquitoes on his premises, within 24 hours.
   SMALLPOX. The director of public health shall vaccinate all known contacts
and other persons in residence, house, apartment, building, establishment,
factory or other concern where patient was engaged at work. Contacts who have
been successfully vaccinated will not be detained, but contacts who have
refused vaccination shall be held in absolute isolation until 21 days following
removal or recovery of patient and complete disinfection of the room.
   INFLUENZA. The health officer will take such steps as he may deem necessary
in educating the public in habits of personal cleanliness, danger of
association with contacts showing catarrhal symptoms or cough, and, during
epidemics, upon the recommendation of the health officer, the city council may
issue such instructions as may be deemed necessary for the control of this
disease.
   WHOOPING COUGH. The head of the family shall keep the child away from other
children until the case is terminated.
   TYPHUS FEVER. The head of the family must destroy all vermin on body of
patients, transfer to vermin-free clothing, and place in a room free from
vermin, and all attendants must wear verminproof clothes. The head of the
family must take steps to eradicate rats and fleas from premises. All persons
exposed to typhus shall be held in quarantine in a vermin-free room until 12
days after last exposure.
   At termination of case, head of household shall destroy all lice, together
with their eggs, on patient’s body, if not already done, and destroy all vermin
and eggs in clothing returned to patient, and free isolation room of all
vermin.
   Upon appearance of an epidemic, the director of public health shall issue
general measures for delousing of persons’ clothing and premises as he may deem
necessary and for the eradication of rats and fleas.
   CHICKENPOX. Cases diagnosed as chickenpox in persons unvaccinated against
smallpox must be seen by the director of public health and/or the city health
officer.
   MUMPS. Parent, guardian or head of household must exclude children from
school or other public gatherings for 21 days after their last exposure to a
recognized case. (Code 1941, Art. 49-15; Ord. Nos. 4404; 5869)
SEC. 19-81.   SPECIAL RULES FOR TUBERCULOSIS.
   Whenever there is a case of tuberculosis, it shall be the duty of the
director of public health or his representative to take such proper precautions
as he may deem necessary, and to give proper instructions to the patient and
all other persons occupying the same premises to prevent the spread of the
disease. Every person affected with tuberculosis shall dispose of his sputum,
saliva or other discharges in a manner not dangerous to public health. Whenever
a person so affected is, or is likely to be, a menace to the health of others,
the director of public health shall have the power to cause the removal of such
person to an isolation hospital or other proper place until the danger has been
removed. Upon recovery of a person having tuberculosis, it shall be the duty of
his physician to notify the director of public health. (Code 1941, Art. 49-16;
Ord. 4404)
SEC. 19-82.   SERUM TO BE FURNISHED INDIGENT PERSONS.
   It shall be the duty of the department of public health to furnish free to
all indigent persons vaccine virus for smallpox protection and also the serum
or anti-toxin of any other disease. (Code 1941, Art. 49-17; Ord. 4404)
SEC. 19-82.1.   IMMUNIZATION, REGISTRATION, AND RECORD FEE SCHEDULE.
   The director of public health of the city is authorized to charge the
following fees for the following services performed by the health department:
      (1)   for each visit by an individual to a child health clinic, an amount
in accordance with the following schedule based on the Poverty Income
Guidelines established by the United States Department of Health:
 
Poverty Level                Fee Per Treatment
Less than 120 percent        $3
120 to less than 140 percent $6
140 to less than 160 percent $8
160 to less than 180 percent $10
180 to less than 200 percent $12
200 percent and over         $14
 
      (2)   $3 for each visit to an immunization clinic by an individual who
receives immunization;
      (3)   $3 for each individual who receives immunization during each visit
to a day care center;
      (4)   $1 for each duplicate copy of an immunization record; and
      (5)   $2 for each registration by an individual for each of the following
health education classes or screenings:
         (A)   $4 for a four-week class;
         (B)   $5 for a five-week or six-week class; and
         (C)   $2 for a health screening. (Ord. Nos. 11913; 17134; 19300;
20076)
SEC. 19-83.   REGULATION OF FUNERALS FOR PERSONS DYING FROM CERTAIN DISEASES.
   When a person has died of epidemic cerebro- spinal meningitis, polio-
myelitis, diphtheria or smallpox, no person except the undertaker and his
assistants, the clergyman and others permitted by the director of public health
shall enter the house until after the funeral and until after the warning
placard has been removed. If the funeral is held elsewhere than at the last
residence of the deceased, the funeral may be public; provided, that only those
members of the immediate family may attend, who, in the opinion of the director
of public health, are free from infection, and to whom he has given permission
to do so. (Ord. 5869)
ARTICLE IVA.
REPORTABLE HEALTH CONDITIONS.
SEC. 19-83.1.   DEFINITIONS.
   In this article:
   (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)   ENVIRONMENTALLY RELATED HEALTH CONDITION means a condition in which
body levels of certain substances are equal to or in excess of the levels set
out in Section
19-83.2. (Ord. 18193)
SEC. 19-83.2.   ENVIRONMENTALLY RELATED HEALTH CONDITION LEVEL OF LEAD.
   An environmentally related health condition level of lead is a blood level
of at least 10 micrograms per deciliter. (Ord. Nos. 18193; 21215)
SEC. 19-83.3.   REPORTING REQUIREMENTS.
   (a)   Every licensed physician, hospital, or free standing medical
laboratory in the city shall report to the director any environmentally related
health condition as defined in Section
19-83.2, which is detected in the course of regular medical practice or
laboratory testing. The report shall be in a manner similar to state health
reporting of certain infectious diseases and shall:
      (1)   be in writing and signed by the reporting party;
      (2)   be made within 15 calendar days after the result of testing is
received by the physician or hospital, or in the case of a medical laboratory,
after the test is performed;
      (3)   state the name, age and address of the person having the condition;
and
      (4)   state the precise test results.
   (b)   Reporting of elevated free erythrocyte protoporphyrin is not required
if additional testing shows that the porphyria is the result of either an iron
deficiency or other proven cause. (Ord. 18193)
SEC. 19-83.4.   USE OF REPORTS.
   (a)   Every report made to the director under Section
19-83.3 is confidential and may be released only to:
      (1)   the person having the environmentally related health condition or,
in the case of a minor, a parent or guardian; and
      (2)   the Texas Department of State Health Services.
   (b)   The director shall, through the city manager, make a quarterly report
to the city council on the number and type of physicians’ reports. If it
becomes apparent to the director that a particular area, community,
neighborhood, or section of the city is the subject of numerous similar
environmentally related health conditions, the director may, at any time,
notify the city council through the city manager, that the environmentally
related health conditions have been reported. (Ord. Nos. 18193; 28127)
SEC. 19-83.5.   PENALTY.
   An offense committed under this section is punishable by a fine of not more
than $100. (Ord. 18193)
ARTICLE V.
DRY CLOSETS.
SEC. 19-84.   CONSTRUCTION AND MAINTENANCE.
   From and after the 15th day of December, 1915, all dry closets within the
city and all dry closets located within 3,000 feet of the corporate line of the
city shall be so constructed and maintained as to prevent access of flies and
insects to the closets and to the night soil and for such purpose shall be
constructed as follows:
   (a)   The closets and the compartment under the seat in which stands the
night soil container shall be tightly constructed of sound lumber, without
cracks or crevices. Any opening for ventilation shall be covered with wire fly
screening. There shall be at the back or side of the night soil container an
opening for the removal of the night soil container, which opening shall be
provided with a tightly fitting, let-down board cover, hinged to the house and
so constructed as to prevent access of insects to the night soil. This cover
shall be provided with a hook or button and shall always be kept closed. Where
practicable, the opening shall abut on a public alley, and in any event it
shall be located so as to be readily accessible to the city scavenger. The
night soil container shall rest on a floor at least six inches above the ground
and two inches below the floor of the closet. The seat openings in the closet
shall be provided with tightly fitting, hinged, self-closing covers of
sufficient size to completely cover the openings in the seat.
   (b)   The roof of each dry closet shall be watertight and so constructed as
not to shed water into the night soil container. The doors of all dry closets
shall be tight fitting and self closing and any windows or openings for
ventilation shall be covered with wire fly screens not coarser than 14 mesh to
the inch. All dry closets shall have at least two openings of not less than one
square foot each for ventilation.
   (c)   All existing dry closets which are not constructed in compliance with
this chapter shall be immediately reconstructed or repaired so as to be in
accordance with the provisions hereof, and it shall be the duty of the owner or
person in charge or control of the property upon which such closet is located,
or the agent of such owner, if the owner be a nonresident, to make such
alterations or improvements as will fully meet the requirements and intent of
this chapter, and so as to prevent the closet from being a menace to public
health.
   (d)   Whenever in the opinion of the city health officer, or his duly
authorized agent, the condition of any existing closet is such that it cannot
be altered to meet the requirements of this chapter and be maintained in a
sanitary condition, the owner or person in charge of the property upon which
such dry closet is located, or the agent of such owner, if such owner is a
nonresident, shall, within 15 days after notice from the city health officer,
or his duly authorized agent, provide a new closet constructed in accordance
with the provisions of this chapter.
   (e)   No dry closet shall be built or maintained on any piece of property,
any part of which extends to within 100 feet of a sanitary sewer. No dry closet
shall be located within 10 feet of the property line of any piece of property
except where such property abuts upon a public alley. If a water-operated
fixture is installed in any dry closet, it shall be included within the
provisions of this chapter and shall be in all respects constructed and
maintained in accordance with the terms of this chapter. (Ord. Nos. 7806;
27697)
SEC. 19-85.   CLEANING; PREVENTION OF ODOR.
   All dry closets shall be kept clean and in a sanitary condition at all
times. The night soil containers shall be emptied and cleaned and disinfected
at least once a month and more frequently if in the opinion of the director of
public health or his duly authorized agent this is necessary. The door of the
closet shall not be allowed to remain open at any time, unless there is a self-
closing fly screen door in addition to that required under the preceding
section. No wash water, garbage, kitchen slop or other liquid wastes shall be
emptied into the dry closet. Every dry closet shall be provided with a box of
dry earth or powdered lime, enough of which shall be added each day to the
night soil container to absorb the excess moisture and prevent odor. No night
soil from any person suffering from typhoid fever or other serious bowel
trouble shall be deposited in any dry closet without being previously
disinfected in such manner as directed or approved by the director of public
health, or his duly authorized agent. (Ord. 7806)
ARTICLE VI.
SEPTIC TANKS.
SEC. 19-86.   DEFINITIONS.
   In this article:
      (1)   CESSPOOL means a covered excavation which receives the discharge of
raw domestic sewage or other organic wastes and is designed to retain the
organic matter and solids, but permit the liquids to seep through the bottom
and sides.
      (2)   DIRECTOR means the director of the department designated by the
city manager to enforce and administer this article or the director’s
designated representative.
      (3)   PERSON means any natural person, corporation, organization, estate,
trust, partnership, association, or similar entity.
      (4)   PRIVATE SEWAGE FACILITY means any facility or method used for
disposal of sewage that serves only an individual household or establishment
and appurtenant structures, and the operation and maintenance of which is the
sole responsibility of the householder or owner of the establishment’s
facilities.
      (5)   SEPTIC TANK means a water-tight, covered receptacle designed and
constructed to (1) receive the discharge of sewage from a building sewer, (2)
separate solids from the liquid, (3) digest organic matter under anaerobic
conditions, (4) store digested solids through a period of detention, and (5)
allow the clarified liquids to discharge for final disposal.
      (6)   SEWAGE means any liquid waste containing animal or vegetable matter
in suspension or solution, including liquids containing chemicals in solution,
domestic wastewater, and laundry wastes. (Ord. Nos. 7821; 15655; 17226)
SEC. 19-87.   PERMIT REQUIRED.
   (a)   A person commits an offense if he installs a septic tank or any other
form of private sewage facility in the city, or where water is furnished by the
city, without a permit.
   (b)   No permit for a private sewage facility will be issued if the location
is within 100 feet of an existing city sanitary sewer system, unless an
exception is granted by the director on the grounds that connection with the
sanitary sewer is impossible.
   (c)   If the city sanitary sewer system is extended to serve an area that is
served by private sewage facilities, a person commits an offense if he fails to
connect to the city system within one year of the date the city sewer system is
available. If a private facility malfunctions seriously and overflows prior to
the expiration of one year, connection to the city system must be made
immediately. (Ord. Nos. 7821; 15655)
SEC. 19-88.   APPLICATION FOR PERMIT; FEE; PERCOLATION TEST.
   Application for a septic tank permit must be made to the building official.
The fee for a septic tank permit is $100, and the fee shall be accompanied by:
      (1)   plans and specifications of the proposed septic tank; and
      (2)   the results of a valid percolation test complying with rules and
regulations for the conducting of percolation tests which shall be promulgated
by the building official. (Ord. Nos. 7821; 15655; 18969)
SEC. 19-89.   APPROVAL OF PLANS BY THE DIRECTOR BEFORE ISSUANCE OF PERMIT.
   A permit for the installation of a septic tank shall be issued only after
approval of the plans and specifications by the director, and assurance that
the plans meet the requirements of the construction standards as contained in
Sec. 19-90 of this article. (Ord. Nos. 7821; 15655)
SEC. 19-90.   CONSTRUCTION STANDARDS.
   The specifications for the construction of a septic tank shall be those
published in the most recent edition of “Construction Standards for Private
Sewage Facilities,” issued by the Texas Department of Health Resources, as it
may be amended from time to time. Those standards, currently Rule Numbers
301.79.03. 001-003 of the Texas Department of Health Resources, are promulgated
under the authority of Texas Civil Statutes, Art. 4477-1 (1976). (Ord. Nos.
7821; 15655)
SEC. 19-91.   INSPECTION.
   Before the septic tank system is covered, the permit holder shall notify the
director and allow the director to inspect the system. The director shall
ascertain that the tanks, connections, and other materials are constructed in
accordance with the applicable construction standards. (Ord. Nos. 7821; 15655)
SEC. 19-92.   TANKS NOT TO BE OFFENSIVE.
   A person commits an offense if he allows a septic tank or other private
sewage facility within the city, or within 3000 feet of the corporate limits of
the city, to become foul, offensive, or nauseating, or in any way drain to the
surface of the ground, so as to become injurious to the public health. (Ord.
Nos. 7821; 15655)
SEC. 19-93.   CESSPOOLS.
   A person commits an offense if he deposits sewage into a cesspool anywhere
within the corporate limits of the city. (Ord. Nos. 7821; 15655)
ARTICLE VII.
FUMIGATION.
SEC. 19-94.   DEFINITIONS.
   In this article:
      (1)   DIRECTOR means the director of the department designated by the
city manager to enforce and administer this article or the director’s
designated representative.
      (2)   FUMIGATION and EXTERMINATION BY FUMIGATION mean the use of
hydrocyanic acid gas, cyanogen, chloropicrin, methyl bromide, or any other
poisonous, noxious, or dangerous gases or fumes which are liable to affect
human beings by causing sickness or death, for the extermination of germs,
bacteria, insects, vermin, rats, or other pests in any place of domestic
habitation, hotel, apartment hotel, apartment building, tenement building,
store, office, hospital, asylum, home, rooming house, place of public assembly,
or any other building or place. (Ord. Nos. 3281; 27697)
SEC. 19-95.   GENERAL SAFEGUARDS.
   All persons fumigating or engaged in extermination by fumigation shall take
all necessary and reasonable precautions and safeguards in connection with such
fumigation as shall be necessary to protect all persons who might be affected
by such fumigation. (Ord. 3281)
SEC. 19-96.   NOTICE REQUIRED GENERALLY.
   Any person intending to generate or release hydrocyanic acid gas or other
dangerous gases or fumes for fumigation purposes shall, before starting such
generation or release of gases, file written notice with the director, the
police department, and the fire department of the city at least 24 hours before
beginning such fumigation; provided, that any person intending to fumigate a
mobile unit such as a boxcar or truck is required to give a written notice only
four hours before beginning such fumigation. Such notice, either the four hour
notice or the 24 hour notice, must state the following:
      (1)   The location of the building, mobile unit, or place to be
fumigated.
      (2)   The type of fumigation to be used, including the kind of gas,
fumes, and warning agent.
      (3)   The time such work is to be started and when the building or place
is to be reopened. (Ord. Nos. 3281; 11807; 22026; 27697)
SEC. 19-97.   NOTICE TO OCCUPANTS.
   When hydrocyanic acid gas, or other dangerous gases or fumes, are to be used
for fumigation, the person undertaking such fumigation shall personally inspect
the premises before beginning the fumigation and shall serve notice over his
signature upon all responsible occupants of each room or apartment within the
danger area, stating the danger of the process and the precautions to be
observed, designating the rooms or apartments that must be vacated and
indicating the time when the gas is to be generated or liberated. The form of
this notice must be approved by the director. (Ord. Nos. 3281; 27697)
SEC. 19-98.   DOORS TO BE LOCKED, ETC.
   Before fumigation, the person fumigating shall personally inspect all rooms
and apartments ordered vacated under Section
19-97, and shall see that such rooms are unoccupied by persons or domestic
animals, after which all doors to such rooms, excepting one exit door to the
rooms or apartments to be gassed, shall be securely locked and sealed. In
addition such windows or wall openings as might possibly be used to gain
entrance shall be sealed and shall be locked or barred in such a way as to
prevent entrance. Immediately upon generating or liberating the gas, the door
through which the fumigator leaves shall be securely locked and sealed, and all
keys obtainable to all the rooms or apartments ordered vacated shall be
retained by the fumigator until all danger is passed. (Ord. 3281)
SEC. 19-99.   WARNING SIGNS TO BE POSTED.
   (a)   Prior to beginning fumigation, suitable warning signs must be posted
on all entrances or doors to the premises to be fumigated, as follows:
   DANGER
   FUMIGATING WITH POISON GAS
   KEEP AWAY
   ============
   BY ORDER OF
   THE CITY OF DALLAS
   (NAME, ADDRESS AND
   TELEPHONE NUMBER OF
   FUMIGATOR)
   (b)   Such signs must be not less than 24 inches by 18 inches, and be
printed in red ink on white cardboard, or metal white background. The letters
in the word “danger” must be at least two inches high, and all others, except
the signature of the fumigator, at least three-fourths of an inch high. At
night, and in such places where the natural light between sunrise and sunset is
dim, such signs must be illuminated so as to make the reading matter on the
sign plainly legible. (Ord. Nos. 3281; 27697)
SEC. 19-100.   GUARDS REQUIRED.
   Whenever hydrocyanic acid gas and other dangerous gases and fumes are used
for fumigation, a sufficient number of guards shall be kept at the entrance or
entrances to the building or place to be fumigated, in order to prevent any
person from entering such building or place while the gas remains therein. Such
guards shall remain on duty until after the building or place is opened for
airing, and until the gas has been completely dispelled from such building or
place. The fumigator shall be responsible for reopening such building or place
after the fumigation, and shall be responsible for seeing that such building or
place is safe for human habitation before allowing persons to enter. (Ord.
3281)
ARTICLE VIII.
DRAINAGE DISTRICTS.
SEC. 19-101.   “DRAINAGE DISTRICT” DEFINED.
   The term “drainage district”, as used in this article, shall comprehend and
mean the building of storm sewers as provided in this article, or the
reclamation of lands, as provided in this article, and in general shall
comprehend the doing of any necessary improvement to effectuate such purposes
and the assessment of the cost thereof, according to a just, fair and equitable
apportionment, against the property specially benefited and enhanced in value
by the making of such improvements. (Code 1941, Art. 128-3)
SEC. 19-102.   CONSTRUCTION OF ARTICLE.
   All the provisions of the charter and state laws relative to the assessment
of property shall, so far as practicable, be applicable to any of the
provisions of this article unless otherwise provided in this article. This
article shall be cumulative of all other methods and means provided by any
other law relating to the same subject. (Code 1941, Art. 128-19)
SEC. 19-103.   PURCHASE OF PROPERTY.
   The city may purchase, by agreement or by condemnation, all property that
may be necessary for carrying out any particular drainage plan, or the making
of any drainage improvement, and the same shall be paid for out of any
available funds and the cost of the purchase shall be added to the cost of the
improvement and charged against the property in the territory specially
benefited thereby. The city may sell and convey any part of any such property
unappropriated for such improvement at such terms and for such consideration as
it may see fit, and the proceeds thereof shall become a part of the special
fund out of which the cost of the improvement may be defrayed. Only the cost of
property actually appropriated for such improvement shall be included in any
assessment made under the provisions hereof. (Code 1941, Art. 128-2)
SEC. 19-104.   CREATION OF DRAINAGE DISTRICT; PREPARATION OF PLAT; ESTIMATE OF
COST.
   When the city council determines to proceed to create a drainage district,
it shall so declare by resolution, which resolution may state the nature and
extent of the drainage improvement to be made and the limits thereof, and may
describe the parcel or parcels of land proposed to be taken or condemned, in
case condemnation may be required, by any description substantially identifying
the same, by lot or block number, or number of front feet, or, if owned by an
estate, the name thereof. No error, mistake or omission of such resolution
shall invalidate it, and its passage shall be conclusive of the public use and
necessity of the proposed improvement. Upon passage of such resolution, the
city engineer or an engineer designated by the city council shall prepare and
submit to the city council a plat showing the nature and limits of the proposed
improvements, the boundaries thereof and the points between which it is
proposed to establish the same, and the property through which it is to be
extended, which is to be taken or condemned therefor, and shall in writing
report the estimated total cost of such improvement, and of each parcel of
property to be condemned or acquired. The city council shall examine such plat
and report and correct errors therein, if any, but no error or omission shall
invalidate the same or any proceeding had thereafter pursuant thereto. (Code
1941, Art. 128-4)
SEC. 19-105.   CONDEMNATION PROCEEDINGS.
   No property shall be taken for a drainage district without just compensation
first made in accordance with the provisions of law applicable thereto.
   In case of condemnation, commissioners shall be appointed in accordance with
the method provided by the statutes relating to the opening and widening of
streets and by such other laws as may be applicable thereto.
   The laws relating to the method of condemnation of property by railroads and
methods of appeal shall apply to any drainage district created hereunder, the
city to occupy the position of a railroad company, as nearly as practicable.
(Code 1941, Art. 128-5)
SEC. 19-106.   SPECIAL ASSESSMENTS - GENERALLY.
   Whenever the city council shall order the creation of any drainage district,
as provided in this article, it may then or at any time provide, by resolution,
that all or part of the cost thereof shall be assessed against the property
located in the territory affected by such drainage improvement. It may then, or
at any time, provide for the appointment of three special commissioners to
apportion the cost of the property so specially enhanced in value by reason of
the drainage improvement. Such special commissioners may be appointed at any
time to do and perform such work, and they shall receive such compensation as
may be provided by the city council; provided, that in case it is determined
that condemnation of any such drainage district may be required, then the
commissioners so appointed by the proper court or court authority may do such
assessing and make such apportionment of assessments as in the case of the
opening and widening of public streets. Such assessments shall constitute a
prior lien upon the property to all other except for ad valorem taxes, and the
same shall relate back and take effect as of the date of the resolution
ordering the improvement.
   No assessment shall be made against any property exempt under the law from
execution, but the owner thereof shall be personally liable and assessed
therefor. (Code 1941, Art. 128-6)
SEC. 19-107.   SAME - HEARING; NOTICE REQUIRED; PAYMENT, ETC.
   No assessment shall be made against owners of property benefited, or their
property, pursuant to this article, until after a reasonable opportunity to be
heard shall have been given them, lienholders and others interested, before the
special commissioners referred to in the preceding section, preceded by a
reasonable notice thereof, published three times prior to such hearing in some
newspaper of general circulation in the city, the first publication to be not
less than 10 days prior to such hearing. The names of owners, lienholders and
others interested need not be specifically set out in such notice, but the
parcel or parcels of land proposed to be assessed shall be briefly described in
such notice, either by lot and block number, front feet thereof, or by any
other description reasonably identifying the same, or by reference to any plat,
report or record filed in connection with the proceedings.
   The city council or special commissioners shall have power to give other and
additional notice, but the published notice, required by the preceding
paragraph, shall be sufficient.
   At such hearing the owners, lienholders and other interested parties shall
have the right to contest in writing the assessments, the special benefits,
irregularities or invalidities thereof, or any prerequisite thereto, and to
produce testimony in support of such contests, and the special commissioners
shall determine the amounts, if any, to be assessed. The city council shall
make such assessments by ordinance. Such assessments may be enforced by suit
brought by the city for the benefit of any holder and owner of such assessment,
or of the certificate issued thereon, or brought by such holder and owner, or
by the sale of the property assessed in the same manner as near as possible as
is provided for the sale of real estate for municipal taxes. Assessments may be
made payable in not exceeding 15 installments, the last maturing in not over 15
years, and may bear interest at not over eight percent per annum.
   Each property owner shall have the privilege of discharging the whole amount
assessed against him, or any installment thereof, at anytime before maturity,
upon payment thereof, with accrued interest. Upon the payment by any property
owner of his assessment in full, the city shall cause to be executed by the
city manager or any officer designated by the city council for such purpose,
and duly acknowledged for record, a release of the lien of such assessment. The
fact that more than one parcel or lot of land, the property of one owner or
jointly owned by two or more persons, have been assessed together in one
assessment, shall not invalidate the same or the lien thereon, or any claim of
personal liability thereunder. The cost of any such improvement assessed
against any property or owner thereof, together with all costs and reasonable
expense in collecting the same, including reasonable attorney’s fees when
incurred, shall constitute a personal claim against such property owner, and
shall be secured by a lien on such property superior to all other liens, claims
or titles, except city, county and state taxes, and such personal liability and
lien may be enforced either by suit in any court of competent jurisdiction, or
by sale in the same manner, as far as applicable, as sales are authorized to be
made by the city for the nonpayment of taxes; provided, that it shall not be
necessary to sell at the same time as for delinquent ad valorem taxes, and the
city council may make such rules and regulations, not inconsistent with law, as
may be deemed necessary to provide for the collection of such assessment.
   The city council shall at all times have the authority to provide, by
appropriation out of any of the general or special revenues available, money to
pay for the cost of doing any special improvement, and any such appropriation
shall be charged against such district and such sum so appropriated shall be
paid back from property specially benefited, on the sale of certificates or as
such money may be realized. Special funds may be created from time to time to
carry out the work of such contemplated improvements. (Code 1941, Art. 128-7)
SEC. 19-108.   SAME - ISSUANCE OF CERTIFICATES, ETC.
   The city may issue assignable certificates, payable to the city, or to the
purchaser thereof, declaring the liability of owners and their property for the
payment of assessments, and may fix the terms, time of payment and conditions
of default and maturity thereof. If such certificate shall recite that the
proceedings with reference to the improvements therein referred to have been
regularly had in compliance with law, and that all prerequisites to fixing the
assessment lien against the property therein referred to, and the personal
liability of its owner, have been performed, such recitals shall be prima facie
evidence of the facts so recited.
   The allegations of such recitals of such certificates in any suit brought
for the enforcement thereof shall be a sufficient allegation of all proceedings
had by the city council with reference to the making of such improvements and
the assessment of the cost thereof, and of all prerequisites to such
assessment, and shall be deemed sufficient to permit proof of such proceedings
and prerequisites without the necessity of alleging and setting forth the same
in the pleadings, by caption, substantially or in full. Such certificates may
cover a period of 15 years and bear interest not to exceed eight percent per
annum.
   Such certificates shall represent the respective amounts due against the
respective owners of property whose property is specially benefited, as
provided in this article, and in case the work is let by contract, the
contractor shall look to the certificates for his compensation; provided, that
the portion of the cost of the improvement that is assessed against the city
may be paid in cash by the city, or according to such arrangement as may be had
between the city and the contractor. The certificates may be impounded, and if
the finances are available, the city any purchase the same as provided by the
charter. (Code 1941, Art. 128-8, 128-15)
SEC. 19-109.   SAME - ERRORS; CORRECTIONS; REASSESSMENTS.
   No error in any proceeding under this article, or in the description of
property, or in the name of its owner, shall invalidate an assessment, which
shall, nevertheless, be in effect as against the real and true owner and his
property. Whenever the city council or special commissioners are advised of
such error, they shall correct the same, and shall at the request of any
interested party reassess any owner of property erroneously assessed, after
lawful notice and hearing and in accordance with benefits as provided in this
article as to original assessments, and may fix the time and terms of payment
of the sums so reassessed, and issue assignable certificates evidencing the
same as provided in this article as to original assessments. The right to make
such reassessments shall continue until the expiration of 15 years from the
date of the ordinance making the original assessment. But if the same shall
have been resisted or brought in question in any action of law, the time
consumed in such action shall be excluded in computing such term of 15 years.
In making such reassessments it shall not be necessary to do any act, or take
any step, or again perform any prerequisite already legally done or performed
with reference to the original assessment, but the city council may in its
discretion proceed without again taking steps already validly taken or
performed; provided, that no reassessment shall be made until after notice and
hearing and in accordance with benefits, as provided in this article. (Code
1941, Art. 128-9)
SEC. 19-110.   SAME - SUIT TO SET ASIDE OR CORRECT.
   Any property owner against whom or whose property an assessment or
reassessment has been made pursuant to this article may, within 10 days
thereafter, bring suit in any court have jurisdiction, to set aside or correct
the same, or any proceeding with reference thereto on account of any error or
invalidity therein, but thereafter such owner, his heirs, assigns or successors
shall be barred from such action or any defense of invalidity in such
proceedings or assessment or reassessment, in any action in which the same may
be brought into question. (Code 1941, Art. 128-10)
SEC. 19-111.   SAME - METHOD; JUDGMENT OF COMMISSIONERS TO BE CONCLUSIVE.
   The apportionment of the assessments made pursuant to this article may be
made on the front foot basis or made on an area basis or both, whichever in the
judgment of the special commissioners may be deemed the most equitable and
just, and the judgment of the special commissioners shall in either case be
deemed prima facie evidence conclusive as to its correctness. (Code 1941, Art.
128-11)
SEC. 19-112.   STATE LAW TO CONTROL ARTICLE.
   As far as applicable, the terms of this article shall be controlled, as to
the manner of making assessments, except as otherwise provided herein, by the
law controlling the opening and widening of streets, and more particularly by
Title 28, Chapter 17, of the Revised Civil Statutes of the state. (Code 1941,
Art. 128-12)
SEC. 19-113.   SPECIFICATIONS; BIDS; CONTRACT; BOND.
   (a)   At any time after the passage of the original resolution provided for
in Section 19-104 by the city council, and more particularly at any time after
a hearing is given as provided in Section
19-107 to the property owners and lienholders owning property in the drainage
district created, the director of water utilities may submit specifications for
the doing of work contemplated in such improvement, which specifications must
in general terms set forth the nature and extent of the improvement or
improvements to be made, the section or section to be improved, and the
material or materials with which the improvements are to be constructed. Such
specifications may provide, at the election of the city council, that such
improvements may be constructed from different materials and may specify
different or alternative methods of making such improvements. The director of
water utilities shall make approximate estimates of the cost of improvements
under the different methods desired to be employed.
   (b)   Upon the adoption of specifications, if the city council decides to do
the work by contract, the city secretary, or such other officer as may be
designated by the city council, shall advertise for sealed bids for the
construction of such improvements in accordance with the specifications. The
advertisement must be inserted in a daily paper of general circulation in the
city and state the time within which bids may be received as prescribed by the
city council, which time may not be less than 10 or more than 15 days from the
insertion of the advertisement. Bids must be filed with the city secretary, or
such other officer as the board may designate, and must be opened and read in a
public meeting of the city council. The city council shall have the right to
accept such bids as it deems most advantageous to the city and the owners of
the property abutting upon the public highway named to be improved, or may
reject any and all bids. Where an improvement is ordered upon different
specifications, or for the construction of work or any part of the work with
different materials or under different plans or methods of construction or
payment for such improvement, the city council may, after opening bids, select
such methods, plans, or materials for making such improvement, or any part of
the improvement, as it deems best, and to let the work to such bidder and upon
such bid as it may select. No bid may be amended, changed, or revised after
being filed.
   (c)   When bids for improvements have been accepted by the city council, the
city shall enter into contract with the contractor to whom the work has been
let for the performance of the improvements, which contracts must be executed
in the name of the city or by its city manager and must be attested by the city
secretary, or such other officer as may be designated by the city council, with
the corporate seal. The contractor to whom the work has been let shall execute
a bond as may be required by the city council and as provided by the charter.
The contract and bond, if satisfactory, must be approved by the city council.
(Code 1941, Art. 128-13; Ord. Nos. 22026; 28424; 30994)
SEC. 19-114.   USE OF DAY WORK BY CITY.
   In case the city council should desire to do the work contemplated by this
article, by day work, it may proceed to do so, where its funds may be available
for such purpose and where it deems the day work more advantageous to the
owners of property in the territory benefited by the improvement. (Code 1941,
Art. 128-14)
SEC. 19-115.   REPORT OF AMOUNT TO BE PAID BY CITY.
   The special commissioners created by this article to make assessments may
consider, in any improvement district created, that portion of the cost, if
any, that will be required to be paid by the city, and the same shall be
reported to the city council in their final report. (Code 1941, Art. 128-16)
SEC. 19-116.   CHARTER TO GOVERN BIDDING.
   The provisions of the charter, relative to street paving, shall as far as
applicable govern the method of bidding and advertising for bids on any
contract let for any improvement pursuant to this article. (Code 1941, Art.
128-17)
SEC. 19-117.   ADDITIONAL METHODS OF FINANCING.
   The city council may in addition to any of the regulations provided for in
this article pass such other regulations as it may deem advisable for the
financing of any project instituted hereunder, it being the purpose of the
regulations to secure in a lawful manner all of the money necessary to carry
out and pay for any improvement ordered pursuant to this article. (Code 1941,
Art. 128-18)
ARTICLE IX.
STORMWATER DRAINAGE SYSTEM.
SEC. 19-118.   DEFINITIONS.
   In this article:
      (1)   AGRICULTURAL STORMWATER RUNOFF means any stormwater runoff from
orchards, cultivated crops, pastures, range lands, and other non- point source
agricultural activities, but does not include discharges from:
         (A)   concentrated animal feeding operations as defined in 40 CFR
Section 122.23; or
         (B)   concentrated aquatic animal production facilities as defined in
40 CFR Section 122.24.
      (2)   ANIMAL WASTE means:
         (A)   animal manure, litter, or bedding;
         (B)   water that has contacted animal manure, litter, or bedding;
         (C)   water from washing, flushing, or cleaning animal pens; and
         (D)   liquid or solid waste from pens used at kennels, animal
hospitals, poultry processing facilities, dairies, or rendering plants.
      (3)   BEST MANAGEMENT PRACTICES means schedules of activities,
prohibitions of practices, local ordinances, maintenance procedures, structural
controls, and other management practices that are implemented to prevent or
reduce the discharge of pollutants into the stormwater drainage system, waters
of the United States, or state water. Best management practices also include
treatment requirements, operating procedures, and practices to control site
runoff, spillage or leaks, sludge or waste disposal, or drainage from raw
material storage.
      (4)   CFR means the Code of Federal Regulations, as periodically amended.
      (5)   CITY means the city of Dallas, Texas.
      (6)   COMMENCEMENT OF CONSTRUCTION means the initial disturbance of soils
associated with clearing, tree removal, demolition, grading, excavating, earth
filling, or other construction activities.
      (7)   COMMERCIAL means used in connection with any business, trade,
industry, or other business activity engaged in for profit.
      (8)   CONSTRUCTION GENERAL PERMIT means either the general NPDES permit
issued by the EPA under 40 CFR Section 122.28, as amended, or the general TPDES
permit issued by the TCEQ under Chapter 205, Title 30 of the Texas
Administrative Code, as amended, that authorizes stormwater associated with
construction activities to be discharged into waters of the United States or
state water, including any subsequent modifications or amendments to the
permit, any renewals of the permit, and the associated EPA or TCEQ regulations.
      (9)   CONSTRUCTION SITE means a tract or parcel of land upon which
commencement of construction has occurred, together with any adjacent areas
used to access the construction site or to stage construction materials or
equipment by easement, license agreement, lease agreement, or other written or
verbal agreement. A construction site may include or be solely comprised of one
or more platted lots, public rights-of-way, or easements.
      (10)   CONSTRUCTION SITE NOTICE means the notice required to be posted at
a construction site by EPA or TCEQ regulations or by a construction general
permit that states a description of the project, the name and contact
information of the operator of the construction site, and the location of the
stormwater pollution prevention plan for the construction site.
      (11)   DIRECTOR means the director of the department designated by the
city manager to enforce and administer this article, or the director’s duly
authorized representative.
      (12)   DISCHARGE means any addition, introduction, release, or flow of
any pollutant, stormwater, or other substance, whether separate or mixed, into
the stormwater drainage system, waters of the United States, or state water.
The term includes any spilling, leaking, pumping, pouring, emitting, emptying,
escaping, leaching, dumping, disposing, or other type of release or discharge
engaged in, caused, or permitted by a discharger.
      (13)   DISCHARGER means:
         (A)   any person who causes, allows, permits, or is otherwise
responsible for a discharge, including but not limited to any operator of a
construction site or industrial facility; or
         (B)   any owner or operator of a facility that is the source of a
discharge.
      (14)   DOMESTIC WASTEWATER means the following types of wastewater when
free from industrial waste:
         (A)   Water containing human excrement.
         (B)   Gray water from home clothes washing, bathing, showers,
dishwashing, and food preparation, and other wastewater from household drains.
         (C)   Waterborne waste normally discharged from the sanitary
conveniences of dwellings (including apartment houses and hotels), office
buildings, factories, and institutions.
      (15)   DUST means particles of a substance with a particle diameter of 50
microns or less.
      (16)   EPA means:
         (A)   the United States Environmental Protection Agency;
         (B)   any federal department, agency, or commission that may succeed
to the authority of the United States Environmental Protection Agency; and
         (C)   any duly authorized official of the United States Environmental
Protection Agency or any successor agency.
      (17)   EXTREMELY HAZARDOUS SUBSTANCE means any substance listed in the
appendices to 40 CFR Part 355, Emergency Planning and Notification.
      (18)   FACILITY means any building, structure, installation, equipment,
vehicle, vessel, process, activity, construction site, or other property, real
or personal, from which there is or may be a discharge.
      (19)   FERTILIZER means a solid or non-solid substance or compound that
contains an essential plant nutrient element in a form available to plants,
which substance or compound is used primarily for its essential plant nutrient
element content in promoting or stimulating growth of a plant or improving the
quality of a crop. The term includes a mixture of two or more fertilizers. The
term does not include the excreta of an animal, plant remains, or a mixture of
animal and plant remains, for which no claim of essential plant nutrient
elements is made.
      (20)   FINAL STABILIZATION means the status of the ground when:
         (A)   all soil disturbing activities at a site have been completed;
and
         (B)   either a uniform perennial vegetative cover with a density of 70
percent of the cover for unpaved areas and areas not covered by permanent
structures has been established or equivalent permanent stabilization measures
(such as the use of riprap, gabions, or geotextiles) have been employed.
      (21)   FIRE DEPARTMENT means the fire- rescue department of the city.
      (22)   FIRE PROTECTION WATER means water, including any substance or
material contained in the water, that is used by a person other than the fire
department to control or extinguish a fire.
      (23)   GARBAGE means that term as defined in Section
18-2(20) of this code.
      (24)   GOVERNMENTAL ENTITY means a state agency, county, school district,
municipality, or other political subdivision of the state.
      (25)   HARMFUL QUANTITY means the amount of any substance that will cause
pollution in the stormwater drainage system, waters of the United States, or
state water.
      (26)   HAZARDOUS SUBSTANCE means any substance listed in Table 302.4 of
40 CFR Part 302.
      (27)   HAZARDOUS WASTE means any substance identified or listed as a
hazardous waste by the EPA pursuant to 40 CFR Part 261.
      (28)   HERBICIDE means a chemical pesticide designed to control or
destroy plants, weeds, or leaves of grass.
      (29)   HOUSEHOLD HAZARDOUS WASTE means any material generated in a
household (including single and multiple residences, hotels and motels, bunk
houses, ranger stations, crew quarters, camp grounds, picnic grounds, and day
use recreational areas) by a consumer that, except for the exclusion provided
in 40 CFR Section 261.4(b)(1), would be classified as a hazardous waste under
40 CFR Part 261.
      (30)   INDIVIDUAL PERMIT means either an individual NPDES permit issued
by the EPA under 40 CFR Section 122.26, as amended, or an individual TPDES
permit issued by the TCEQ under Chapter 205, Title 30 of the Texas
Administrative Code, as amended, that authorizes stormwater from a construction
site or industrial facility specifically identified in the permit to be
discharged into waters of the United States or state water, including any
subsequent modifications or amendments to the permit, any renewals of the
permit, and the associated EPA or TCEQ regulations.
      (31)   INDUSTRIAL FACILITY means a facility that is listed in 40 CFR
Section 122.26(b)(14) or that is identified in a multi-sector general permit as
being engaged in industrial activity.
      (32)   INDUSTRIAL WASTE means that term as defined in Section
49-1(49) of this code.
      (33)   LANDFILL means an area of land or an excavation owned and operated
by the city:
         (A)   in which municipal solid waste is placed for permanent disposal;
and
         (B)   that is not a land treatment facility, a surface impoundment, an
injection well, or a pile, as those terms are defined in regulations
promulgated by the TCEQ.
      (34)   MG/L means milligrams per liter.
      (35)   MOTOR VEHICLE FLUID means any vehicle crankcase oil, antifreeze,
transmission fluid, hydraulic fluid, brake fluid, differential lubricant,
gasoline, diesel fuel, gasoline/alcohol blend, or other fluid used in a motor
vehicle.
      (36)   MULTI-SECTOR GENERAL PERMIT means either the general NPDES permit
issued by the EPA under 40 CFR Section 122.28, as amended, or the general TPDES
permit issued by the TCEQ under Chapter 205, Title 30 of the Texas
Administrative Code, as amended, that authorizes stormwater from an industrial
facility to be discharged into waters of the United States or state water,
including any subsequent modifications or amendments to the permit, any
renewals of the permit, and the associated EPA or TCEQ regulations.
      (37)   MUNICIPAL SOLID WASTE means that term as defined in Section
18-2(28) of this code.
      (38)   NON-POINT SOURCE means any source of discharge of a pollutant that
is not a point source.
      (39)   NOTICE OF CHANGE means a written notification to the TCEQ required
by EPA or TCEQ regulations or by the terms governing a multi-sector general
permit or construction general permit, informing the TCEQ of changes to
information that was provided in a notice of intent or prior notice of change.
      (40)   NOTICE OF INTENT means the notice of intent application form
required by EPA or TCEQ regulations or by the terms governing a multi-sector
general permit or construction general permit to obtain NPDES or TPDES permit
coverage.
      (41)   NOTICE OF TERMINATION means the notice of termination required by
EPA or TCEQ regulations or by the terms governing a multi-sector general permit
or construction general permit to terminate NPDES or TPDES permit coverage.
      (42)   NPDES (NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM) PERMIT
means a permit issued by the EPA under 40 CFR Part 122, as amended, that
authorizes the discharge of stormwater into waters of the United States.
      (43)   OIL means any kind of oil in any form, including, but not limited
to:
         (A)   petroleum, fuel oil, crude oil, or any fraction of those oils
that is liquid at standard conditions of temperature and pressure;
         (B)   sludge;
         (C)   oil refuse;
         (D)   oil mixed with other waste;
         (E)   animal fat, oil, or grease, including that of fish or marine
mammals; and
         (F)   vegetable oil, including oil from seeds, nuts, fruits, or
kernels.
      (44)   OPERATOR means any person who, either individually or jointly with
another person, has:
         (A)   operational control over facility specifications or construction
plans and specifications, including the ability to make modifications in the
plans or specifications;
         (B)   responsibility for the management of an industrial facility;
         (C)   day-to-day operational control over those activities at a
facility necessary to ensure compliance with pollution prevention requirements
and any permit conditions, including compliance with a stormwater pollution
prevention plan;
         (D)   actual physical use or operation of, or supervision of the
actual physical use or operation of, a facility; or
         (E)   operational control that is limited to the employment of other
operators.
      (45)   OWNER means any person who owns or has title, in whole or in part,
to a facility that is the source of a discharge.
      (46)   PERSON means an individual; a private, public, or non-profit
corporation; a partnership; an association; a limited liability company; a
firm; an industry; a governmental entity; or any other legal entity.
      (47)   PESTICIDE means any substance or mixture of substances intended:
         (A)   to prevent, destroy, repel, or mitigate any pest; or
         (B)   for use as a plant regulator, defoliant, or desiccant, as those
terms are defined in Section 76.001 of the Texas Agriculture Code, as amended.
      (48)   PETROLEUM PRODUCT means a petroleum product that is obtained from
distilling and processing crude oil and that is capable of being used as a fuel
for the propulsion of a motor vehicle or aircraft, including motor gasoline,
gasohol and other alcohol-blended fuels, aviation gasoline, kerosene,
distillate fuel oil, and Number 1 and Number 2 diesel. The term does not
include naphtha-type jet fuel, kerosene-type jet fuel, or a petroleum product
destined for use in chemical manufacturing or feedstock of that manufacturing.
      (49)   PETROLEUM STORAGE TANK means any one, or a combination of,
aboveground or underground storage tanks that contain petroleum products,
including any connecting underground pipes.
      (50)   pH means the logarithm (base 10) of the reciprocal of the hydrogen
ion concentration of a solution that provides a relative measure of the acidity
or alkalinity of the solution.
      (51)   POINT SOURCE means any discernable, confined, and discrete
conveyance, including but not limited to any pipe, ditch, channel, tunnel,
conduit, well, discrete fissure, container, rolling stock, concentrated animal
feeding operation, landfill leachate collection system, vessel, or other
floating craft from which pollutants are or may be discharged. The term does
not include return flows from irrigated agriculture or agricultural stormwater
runoff.
      (52)   POLLUTANT means dredged spoil, dirt, mud, solid waste, incinerator
residue, wastewater, garbage, wastewater sludge, munitions, chemical waste,
chemical sludge, medical waste, biological materials, radioactive materials,
hazardous waste, heat, wrecked or discarded equipment, rock, sand, yard waste,
animal waste, industrial, municipal and agricultural waste discharged into
water, and any other similar material or substance characterized by state or
federal law or EPA or TCEQ regulations as a pollutant. The term does not
include tail water or runoff water from irrigation or rainwater runoff from
cultivated or uncultivated range land, pasture land, or farm land.
      (53)   POLLUTION means the alteration of the physical, thermal, chemical,
or biological quality of, or the contamination of, any waters of the United
States or state water that:
         (A)   renders the water harmful, detrimental, or injurious to humans,
animal life, vegetation, or property, or to the public health, safety, or
welfare; or
         (B)   impairs the usefulness or the public enjoyment of the water for
any lawful or reasonable purpose.
      (54)   REPORTABLE QUANTITY means:
         (A)   for a hazardous substance, the quantity established and listed
in Table 302.4 of 40 CFR Part 302; and
         (B)   for an extremely hazardous substance, the quantity established
in 40 CFR Part 355 and listed in the appendices thereto, or Section 311 of the
Clean Water Act as described in 40 CFR Section 117.3.
      (55)   REPRESENTATIVE STORM EVENT means a precipitation event that:
         (A)   results in one-tenth inch or more of precipitation, as measured
by a rain gauge located within five miles of a construction site or industrial
facility;
         (B)   occurs at least 72 hours after the preceding precipitation event
that resulted in one-tenth inch or more of precipitation, as measured by the
same rain gauge; and
         (C)   produces runoff sufficient to obtain a discharge sample.
      (56)   RUBBISH means nonputrescible solid waste, excluding ashes, that
consists of:
         (A)   combustible waste material, including paper, rags, cartons,
wood, excelsior, furniture, rubber, plastic, yard trimmings, leaves, and
similar material; and
         (B)   noncombustible waste material, including glass, crockery, tin
cans, aluminum cans, metal furniture, and similar material that does not burn
at ordinary incinerator temperatures (1600 to 1800 degrees Fahrenheit).
      (57)   SECONDARY CONTAINMENT means a container or diversionary structure
(such as a bulk storage container, tank, basin, or mobile or portable
container) that is designed, installed, and constructed to catch and contain
spillage or leaks from a container that stores oil, used oil, petroleum
products, or any pollutant.
      (58)   SEPTIC TANK WASTE means any domestic wastewater contained in or
coming from a holding tank such as a vessel, chemical toilet, camper, trailer,
or septic tank.
      (59)   SITE means the land or water area where any facility is physically
located or conducted, including adjacent land used in connection with the
facility.
      (60)   SOLID WASTE means any waste resulting from industrial, municipal,
commercial, mining, and agricultural operations or from community and
institutional activities, including but not limited to garbage; rubbish;
refuse; sludge from a waste treatment plant, water supply treatment plant, or
air pollution control facility; or other discarded material including solid,
liquid, semi-solid, or contained gaseous material.
      (61)   SPECIFIC CONDUCTIVITY means the estimated dissolved solid contents
in water, as reflected by the ability of the water to conduct electricity and
as measured using the testing procedure for specific conductance under 40 CFR
136.3, as amended, or an equivalent method approved by the director.
      (62)   STANDARD INDUSTRIAL CLASSIFICATION means either:
         (A)   a standard industrial classification under the Standard
Industrial Classification Manual issued by the United States Office of
Management and Budget; or
         (B)   a North American Industry Classification System (NAICS)
classification under the U.S. NAICS Manual issued by the United States Office
of Management and Budget.
      (63)   STATE means the State of Texas.
      (64)   STATE WATER means, to the extent the water is located wholly or
partially within the city:
         (A)   the water of the ordinary flow, underflow, and tides of every
river, natural spring, stream, creek, pond, reservoir, estuary, wetland, marsh,
inlet, canal, and lake and of every bay or arm of the Gulf of Mexico and the
stormwater, floodwater, and rainwater of every river, natural stream, canyon,
ravine, depression, and watershed within, upon, or forming the boundaries of
the state, and including the beds and banks of all courses and bodies of
surface water; and
         (B)   water that is imported from any source outside the boundaries of
the state for use in the state and that is transported through the beds and
banks of any navigable stream within the state or by utilizing any facilities
owned or operated by the state.
      (65)   STORMWATER means stormwater runoff, snow or ice melt runoff, and
surface and drainage runoff resulting from precipitation that reaches the
surface of the earth during a precipitation event.
      (66)   STORMWATER DISCHARGE ASSOCIATED WITH INDUSTRIAL ACTIVITY means the
discharge from any conveyance that is used for collecting and conveying
stormwater and that is directly related to manufacturing, processing, or raw
materials storage areas at an industrial facility, which facility is within one
of the categories of facilities listed in 40 CFR Section 122.26(b)(14) or is
identified in a multi-sector general permit as being engaged in industrial
activity. The term does not include any discharge that is excluded from the
EPA’s definition of “stormwater discharge associated with industrial activity.”
      (67)   STORMWATER DRAINAGE SYSTEM means the system of conveyances and
facilities (including roads with drainage systems, city streets, catch basins,
curbs, gutters, detention basins, ditches, man-made channels, natural creeks
and channels, lakes, rivers, and storm drains) owned and operated by the city
that are designed or used exclusively to collect or convey stormwater and that
are not designed or used to collect or convey wastewater.
      (68)   STORMWATER POLLUTION PREVENTION PLAN means a plan required by
either a construction general permit, a multi-sector general permit, or an
individual permit, which plan describes and ensures the implementation of
practices to reduce pollutants in stormwater discharges associated with
construction or industrial activity at a site or facility.
      (69)   TCEQ means:
         (A)   the Texas Commission on Environmental Quality;
         (B)   any state department, agency, or commission that may succeed to
the authority of the Texas Commission on Environmental Quality; and
         (C)   any duly authorized official of the Texas Commission on
Environmental Quality or any successor agency.
      (70)   TPDES (TEXAS POLLUTANT DISCHARGE ELIMINATION SYSTEM) PERMIT means
a permit issued by the TCEQ under Chapter 205, Title 30 of the Texas
Administrative Code, as amended, that authorizes the discharge of stormwater
into waters of the United States or state water.
      (71)   UNCONTAMINATED means not containing a harmful quantity of a
pollutant.
      (72)   USED OIL means any oil that:
         (A)   has been refined from crude oil or a synthetic oil;
         (B)   as a result of use, storage, or handling, has become unsuitable
for its original purpose because of impurities or the loss of original
properties; and
         (C)   may be suitable for further use and is recyclable in compliance
with state and federal law.
      (73)   WASTEWATER means domestic wastewater, industrial waste, or other
water-carried waste that is discharged into the wastewater system and passes
through the wastewater system to the city’s wastewater treatment plant for
treatment.
      (74)   WASTEWATER SYSTEM means the system of pipes, conduits, and other
conveyances owned and operated by the city that carries industrial waste and
domestic wastewater, whether treated or untreated, from residential dwellings,
commercial buildings, industrial and manufacturing facilities, and institutions
to the city’s wastewater treatment plant, and into which system stormwater,
surface water, and groundwater are not intentionally admitted.
      (75)   WATER QUALITY STANDARD means the designation of a body or segment
of surface water in the state for desirable uses and the narrative and
numerical criteria deemed by the state to be necessary to protect those uses,
as specified in Chapter 307, Title 30 of the Texas Administrative Code, as
amended.
      (76)   WATERS OF THE UNITED STATES:
         (A)   means, to the extent the waters are located wholly or partially
within the city:
            (i)   all waters that are currently used, were used in the past, or
may be susceptible to use in interstate or foreign commerce, including all
waters subject to the ebb and flow of the tide;
            (ii)   all interstate waters, including interstate wetlands;
            (iii)   all other waters the use, degradation, or destruction of
which would affect or could affect interstate or foreign commerce;
            (iv)   all impoundments of waters otherwise defined as waters of
the United States under this definition;
            (v)   all tributaries of waters identified in this definition;
            (vi)   all wetlands adjacent to waters identified in this
definition; and
            (vii)   any waters within the federal definition of the term as
described in 40 CFR Section 122.2, as amended; and
         (B)   does not include any waste treatment systems, treatment ponds,
or lagoons designed to meet the requirements of the federal Clean Water Act.
      (77)   WETLANDS means an area that is inundated or saturated by surface
water or groundwater at a frequency and duration sufficient to support, and
that under normal circumstances does support, a prevalence of vegetation
typically adapted for life in saturated soil conditions. Wetlands generally
include swamps, marshes, bogs, and similar areas.
      (78)   YARD WASTE means leaves, grass clippings, yard and garden debris,
and brush that result from landscaping maintenance and land-clearing
operations. (Ord. Nos. 24033; 27697; 28461)
SEC. 19-118.1.   ENFORCEMENT.
   (a)   The director, the city environmental health officer, and any code
compliance officer have the power to enforce this article.
   (b)   The municipal court has the power to issue administrative search
warrants, or other process allowed by law, to a police officer, the director,
the city environmental health officer, or a code compliance officer of the city
where necessary to aid in enforcing this article.
   (c)   A person who violates any provision of 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 $250 and not
more than $2,000.
   (d)   The culpable mental state required for the commission of an offense
under this article is governed by Section
1-5.1 of this code.
   (e)   A person is criminally responsible for a violation of this article if
the person:
      (1)   commits or assists in the commission of the violation or causes or
permits another person to commit the violation; or
      (2)   owns, operates, or manages a site or facility determined to be the
cause of the violation.
   (f)   This article may also be enforced by civil court action as provided by
state or federal law.
   (g)   This article, to the extent applicable to the activity or facility
permitted, is incorporated by reference as part of any construction permit,
street or sidewalk cut permit, fill permit, or plat approval or other
development approval process required by this code. If a person who has
received one of the permits or approvals mentioned in this subsection violates
an applicable provision of this article, the director may issue a correction
order for the site, activity, or facility where the violation occurred. If the
violation is not corrected within the time period stipulated in the correction
order, the director may either:
      (1)   revoke or cause the revocation of the permit or approval; or
      (2)   halt the permitted or approved activity or facility until the
violation is abated or corrected. (Ord. Nos. 24033; 28461)
SEC. 19-118.2.   PROHIBITED DISCHARGES.
   (a)   A person commits an offense if he discharges or causes to be
discharged any water that does not consist entirely of stormwater into the
stormwater drainage system, waters of the United States, or state water.
   (b)   It is a defense to prosecution under Subsection (a) that a discharge
of water not composed entirely of stormwater resulted or occurred exclusively
from one or more of the following sources, activities, or events:
      (1)   Full compliance with an NPDES permit or TPDES permit, other than
the NPDES permit or TPDES permit granted to the city for discharges from the
stormwater drainage system.
      (2)   Fire fighting by the fire department.
      (3)   Agricultural stormwater runoff.
      (4)   Water line flushing, excluding a flushing from water line
disinfection by superchlorination or other means unless:
         (A)   the total chlorine residual has been reduced to less than one
mg/L;
         (B)   the discharge does not contain any hazardous substance or exceed
the specific surface water quality standards established in Chapter 307, Title
30 of the Texas Administrative Code, as amended; and
         (C)   the discharge does not cause erosion of soil.
      (5)   Lawn watering, landscape irrigation, or other irrigation water.
      (6)   A diverted stream flow or natural spring.
      (7)   Uncontaminated pumped groundwater or rising groundwater.
      (8)   Uncontaminated groundwater infiltration, as that term is defined in
40 CFR Section 35.2005(b)(20), into the stormwater drainage system.
      (9)   A foundation drain, crawl space pump, footing drain, or sump pump,
if the discharge is uncontaminated.
      (10)   A potable water source that does not contain:
         (A)   a harmful quantity of a pollutant; or
         (B)   any harmful substance or material from the cleaning or draining
of a storage tank or other container.
      (11)   Air conditioning condensation that is unmixed with water from a
cooling tower, emissions scrubber, emissions filter, or other source of
pollutant.
      (12)   Individual residential car washing.
      (13)   A riparian habitat or wetlands.
      (14)   Water used in washing streets, sidewalks, parking lots, driveways,
or other structures that is not contaminated with any soap, detergent,
degreaser, solvent, emulsifier, dispersant, or a harmful quantity of any other
cleaning substance.
      (15)   Stormwater runoff from a roof that is not contaminated by any
runoff or discharge from an emissions scrubber, emissions filter, or other
source of pollutant.
      (16)   Swimming pool water that:
         (A)   has been dechlorinated so that total chlorine residual is less
than one mg/L;
         (B)   is not able to be discharged into the wastewater system because:
            (i)   the swimming pool discharge point is located more than 200
linear feet from the closest access point to the wastewater system; or
            (ii)   the property on which the swimming pool is located:
               (aa)   does not receive service from the city’s wastewater
system; and
               (bb)   is not served by an on-site wastewater treatment facility
with adequate capacity to receive the discharge of the swimming pool water;
         (C)   is not the result of pool filter backwash; and
         (D)   does not contain:
            (i)   any chemical used in the treatment or disinfection of
swimming pool water or in pool cleaning;
            (ii)   a pH of the water of less than five;
            (iii)   algaecides or visible algae; or
            (iv)   a specific conductivity in excess of 150 micromhos per
centimeter at 25 degrees Centigrade.
      (17)   A temporary car wash sponsored by a civic group, school, or a
religious or other nonprofit organization.
      (18)   Other allowable non-stormwater discharges listed in 40 CFR Section
122.26(d)(2)(iv)(B)(1), as amended.
   (c)   No defense to prosecution is available under Subsection (b) if:
      (1)   the discharge in question has been determined by the director to be
the source of a pollutant to the stormwater drainage system, waters of the
United States, or state water;
      (2)   written notice of such determination has been provided to the
discharger; and
      (3)   the discharge has occurred more frequently than or beyond the
limits permitted by the director on a case by case basis.
   (d)   In any civil or criminal action, the discharger has the burden of
proving that a discharge in violation of Subsection (a) is uncontaminated or
falls within a defense to prosecution under Subsection (b). Prima facie proof
that a discharge is uncontaminated must be made in the form of an analysis by a
certified laboratory, using standard methods or procedures prescribed by EPA or
TCEQ regulations. A copy of the laboratory analysis must be sent to the
director.
   (e)   A person commits an offense if he discharges or causes to be
discharged into the stormwater drainage system, waters of the United States, or
state water a pollutant or substance that causes or contributes in causing the
city to violate a water quality standard, the city’s NPDES permit or TPDES
permit, or any state- issued discharge permit for discharges from the city’s
stormwater drainage system.
   (f)   A person commits an offense if he discharges or allows or permits the
discharge of any of the following into the stormwater drainage system:
      (1)   Oil, used oil, or any motor vehicle fluid.
      (2)   Industrial waste.
      (3)   Hazardous waste, including household hazardous waste.
      (4)   Domestic wastewater, septic tank waste, grease trap waste, or grit
trap waste.
      (5)   Garbage, rubbish, or yard waste.
      (6)   Wastewater from:
         (A)   any commercial vehicle washing facility, including any
commercial car wash located on the premises of any office building or in any
parking garage;
         (B)   any vehicle washing, cleaning, or maintenance at any new or used
automobile or other vehicle dealership, rental agency, body shop, repair shop,
or maintenance facility;
         (C)   any washing, cleaning, or maintenance of any business,
commercial, or public service vehicle (including a truck, bus, or heavy
equipment) by a business or public entity that operates more than two of such
vehicles;
         (D)   the washing, cleaning, de-icing, or other maintenance of
aircraft;
         (E)   any mobile power washing operation if the wastewater contains a
harmful quantity of any soap, detergent, degreaser, solvent, emulsifier,
dispersant, or other cleaning substance or pollutant;
         (F)   floor, rug, or carpet cleaning;
         (G)   the washdown or other cleaning of pavement if the wastewater
contains a harmful quantity of any soap, detergent, solvent, degreaser,
emulsifier, dispersant, or other cleaning substance or pollutant;
         (H)   the washdown or other cleaning of any pavement where any spill,
leak, or other release of oil, motor fuel, or other petroleum product or
hazardous substance has occurred, unless all harmful quantities of the released
material have been previously removed; or
         (I)   a portable restroom or other temporary sanitary facility.
      (7)   Effluent from a cooling tower, condenser, compressor, emissions
scrubber, or emissions filter or the blowdown from a boiler.
      (8)   Ready-mixed concrete, mortar, ceramic or asphalt base material, or
hydromulch material, or wastewater from the cleaning of vehicles or equipment
containing or used in transporting or applying such material.
      (9)   Runoff or washdown water from any animal pen, kennel, or fowl or
livestock containment area.
      (10)   Filter backwash from a swimming pool, fountain, or spa.
      (11)   Swimming pool water that:
         (A)   has a total chlorine residual of one mg/L or more;
         (B)   is from a swimming pool with a discharge point located 200
linear feet or less from the closest access point to the wastewater system;
         (C)   is from a swimming pool that is served by an on-site wastewater
treatment facility with adequate capacity to receive the discharge of the
swimming pool water; or
         (D)   contains:
            (i)   a quantity of muriatic acid sufficient to reduce the pH of
the water to less than five;
            (ii)   any other chemical used in the treatment or disinfection of
swimming pool water or in pool cleaning;
            (iii)   algaecides or visible algae; or
            (iv)   a specific conductivity in excess of 150 micromhos per
centimeter at 25 degrees Centigrade.
      (12)   Discharge from water line disinfection by superchlorination or
other means if:
         (A)   the total chlorine residual is at one mg/L or more;
         (B)   the discharge contains any hazardous substance or exceeds the
specific surface water quality standards established in Chapter 307, Title 30
of the Texas Administrative Code, as amended; or
         (C)   the discharge causes erosion of the soil.
      (13)   Fire protection water containing oil or a hazardous substance or
material, unless treatment adequate to remove pollutants occurs prior to
discharge, except that this prohibition does not apply to discharges or flow
from fire fighting by the fire department.
      (14)   Water from a water curtain in a spray room used for painting
vehicles or equipment.
      (15)   Contaminated runoff from a vehicle wrecking yard.
      (16)   Any substance or material that will damage, block, or clog the
stormwater drainage system.
      (17)   Any discharge from a petroleum storage tank, any leachate or
runoff from soil contaminated by a leaking petroleum storage tank, or any
discharge of pumped, confined, or treated wastewater from the remediation of a
petroleum storage tank release, unless the discharge complies with all state
and federal standards and requirements and does not contain a harmful quantity
of any pollutant.
      (18)   Any paint, finish, or paint cleaning material, including but not
limited to auto body paint, latex paint, wood finishing material, texturing
product, varnish, paint thinner, or paint solvent of any kind.
      (19)   A harmful quantity of dust resulting from sanding, grinding,
cutting, sawing, or storage of any materials.
   (g)   A person commits an offense if he discharges into the stormwater
drainage system a harmful quantity of sediment, silt, earth, soil, or other
material associated with:
      (1)   clearing, grading, excavating, or other construction activities; or
      (2)   landfilling or other placement or disposal of soil, rock, or other
earth materials in excess of what could be retained on site or captured by
employing sediment and erosion control measures to the maximum extent
practicable.
   (h)   A person commits an offense if he connects a line that conveys
domestic wastewater or industrial waste to the stormwater drainage system or
knowingly allows such a connection to continue. (Ord. Nos. 24033; 28461)
SEC. 19-118.3.   REGULATION OF PESTICIDES, HERBICIDES, AND FERTILIZERS.
   (a)   Any sale, distribution, application, labeling, manufacture,
transportation, storage, or disposal of a pesticide, herbicide, or fertilizer
within the city must comply fully with all applicable state and federal
statutes and regulations, including but not limited to:
      (1)   the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA);
      (2)   federal regulations promulgated pursuant to FIFRA; and
      (3)   applicable provisions of Chapters 63 and 76 of the Texas
Agriculture Code, as amended, and state regulations promulgated pursuant to
those chapters.
   (b)   A license, permit, registration, certification, or evidence of
financial responsibility required by state or federal law for the sale,
distribution, application, manufacture, transportation, storage, or disposal of
a pesticide, herbicide, or fertilizer must be presented to the director, the
environmental health officer, any city code compliance officer, and any police
officer for examination upon request.
   (c)   No person shall, within the city, use or cause to be used any
pesticide or herbicide contrary to any directions for use on any labeling
required by state or federal statute or regulation.
   (d)   No person shall, within the city, use, dispose of, discard, store, or
transport a pesticide, herbicide, or fertilizer or a pesticide, herbicide, or
fertilizer container in a manner that the person knows or reasonably should
know is likely to cause, or does cause, a harmful quantity of the pesticide,
herbicide, or fertilizer to enter the stormwater drainage system, waters of the
United States, or state water. (Ord. Nos. 24033; 28461)
SEC. 19-118.4.   USED OIL REGULATION; HOUSEHOLD HAZARDOUS WASTE.
   (a)   A person commits an offense if he:
      (1)   discharges used oil into the stormwater drainage system, into a
private drainage system that feeds into the stormwater drainage system, or into
any septic tank, surface water, groundwater, or watercourse within the city;
      (2)   mixes or commingles used oil with solid waste that is to be
disposed of in a landfill, or knowingly and directly disposes of used oil on
land or in a landfill; or
      (3)   applies used oil to a road or land for dust suppression, weed
abatement, or other similar use that introduces used oil into the environment.
   (b)   All businesses that change motor oil for the public, all municipal
landfills, and all fire stations are encouraged to serve as public used-oil
collection centers as provided for in Section 371.024 of the Texas Health and
Safety Code, as amended.
   (c)   Any retail dealer that annually sells directly to the public more than
500 gallons of oil in containers for use off premises shall post in a prominent
place on its premises a sign, provided by the city or by the state, informing
the public that improper disposal of used oil is prohibited by law. The sign
must prominently display the toll-free telephone number of the state used-oil
information center.
   (d)   Household hazardous waste must be segregated from other household
waste and discarded only at certain specified locations, such as at a Dallas
County household hazardous waste collection event or at the permanent household
hazardous waste collection site. (Ord. Nos. 24033; 28461)
SEC. 19-118.5.   DISCHARGE PREVENTION, REPORTING, AND CLEANUP.
   (a)   A secondary containment device used by an operator as a best
management practice or installed or constructed in accordance with a stormwater
pollution prevention plan must:
      (1)   be designed, installed, and constructed in a manner sufficient to
contain a spill or leak from the storage container and prevent a discharge;
      (2)   have:
         (A)   an overfill protection device, such as a direct vision gauge, an
alarm with audible or visual signal, or a bypass to an alternate containment
device;
         (B)   sufficient freeboard to prevent spillage from an uncovered
storage container; and
         (C)   a controlled drainage system; and
      (3)   hold:
         (A)   a volume of at least:
            (i)   110 percent of the storage container volume for a single
storage container; or
            (ii)   150 percent of the volume of the largest storage container
or 110 percent of the aggregate volume of all storage containers, whichever is
greater, for multiple storage containers; and
         (B)   an additional capacity of at least:
            (i)   4.5 inches of rainwater, if the secondary containment device
is open to precipitation; and
            (ii)   the amount of water produced by 20 minutes of flow from all
fire sprinkler heads, if any, situated over the secondary containment device.
   (b)   Discharge materials must be discharged to separate containment devices
or systems if, when combined, the materials could cause:
      (1)   a fire;
      (2)   an explosion;
      (3)   a flammable, toxic, or poisonous gas; or
      (4)   the deterioration of a storage container or secondary containment
device.
   (c)   An operator shall keep the drainage system of a secondary containment
device closed and any drainage pumps turned off, except when the drainage
process is monitored for compliance with the surface water quality standards
set forth in Chapter 307, Title 30 of the Texas Administrative Code, as
amended.
   (d)   No operator may release accumulated rainwater or sprinkler flow water
from a secondary containment device until the operator has received
confirmation from an EPA-certified laboratory that the water to be discharged
meets the surface water quality standards set forth in Chapter 307, Title 30 of
the Texas Administrative Code, as amended. A copy of the laboratory analysis
must be provided to the director upon request.
   (e)   A discharger of a reportable quantity of a hazardous or extremely
hazardous substance into the stormwater drainage system, waters of the United
States, or state water shall telephone and notify the director, the TCEQ, and
the fire department immediately after becoming aware of the discharge. A
discharger of a reportable quantity of any of the following substances into the
stormwater drainage system, waters of the United States, or state water shall
telephone and notify the director concerning the incident within 24 hours after
its occurrence:
      (1)   An amount of oil that either:
         (A)   violates applicable water quality standards; or
         (B)   causes a film or sheen upon, or discoloration of, the surface of
the water or an adjoining shoreline, or causes a sludge or emulsion to be
deposited beneath the surface of the water or upon an adjoining shoreline.
      (2)   A harmful quantity of any other pollutant that is not a hazardous
or extremely hazardous substance but has been discharged in a quantity that
exceeds surface water quality standards as set forth in Chapter 307, Title 30
of the Texas Administrative Code, as amended.
   (f)   The notification required by Subsection (e) of this section must
include all of the following information:
      (1)   The identity or chemical name of the substance released and whether
the substance is an extremely hazardous substance.
      (2)   The exact location of the discharge, including any known name of
the waters involved or threatened and any other environmental media affected.
      (3)   The time and duration of the discharge at the moment of
notification.
      (4)   An estimate of the quantity and concentration, if known, of the
substance discharged.
      (5)   The source of the discharge.
      (6)   Any known or anticipated health risks associated with the discharge
and, where appropriate, advice regarding medical attention that may be
necessary for exposed individuals.
      (7)   Precautions that should be taken as a result of the discharge.
      (8)   Steps that have been taken to contain or clean up the discharged
substance and related material and to minimize the impact of the discharge.
      (9)   The name and telephone number of each person to be contacted for
further information.
   (g)   Within 15 days after a discharge under this section, the discharger
shall, unless expressly waived in writing by the director, submit a written
report containing each item of information required by Subsection (f), as well
as the following additional information:
      (1)   The ultimate duration, concentration, and quantity of the
discharge.
      (2)   All actions taken to respond to, contain, and clean up the
discharged substances, and all precautions taken to minimize the impact of the
discharge.
      (3)   Any known or anticipated acute or chronic health risks associated
with the discharge.
      (4)   Where appropriate, advice regarding medical attention necessary for
exposed individuals.
      (5)   The identity of each governmental entity and private sector
representative responding to the discharge.
      (6)   Measures taken or to be taken by the discharger to prevent similar
future occurrences.
   (h)   The notifications required by Subsections (f) and (g) of this section
do not relieve the discharger from any expense, loss, damage, or other
liability that may be incurred as a result of the discharge, including any
liability for damage to the city, to natural resources, or to any other person
or property. The notifications also do not relieve the discharger from any
fine, penalty, or other liability that may be imposed under this article or
under state or federal law.
   (i)   A release report required by a state or federal regulatory authority
that contains the information described in Subsections (f) and (g) of this
section meets the reporting requirements of Subsection (g), upon submittal of
the report to the director.
   (j)   The owner or operator of any facility, vehicle, or other source
responsible for a discharge described in Subsection (e) of this section shall:
      (1)   comply with all state, federal, and local law requiring reporting,
cleanup, containment, and any other appropriate remedial action in response to
the discharge; and
      (2)   reimburse the city for any costs incurred by the city in responding
to the discharge.
   (k)   A discharger commits an offense if he:
      (1)   fails or refuses to report the discharge within the time required
by Subsection (e) after becoming aware of the discharge;
      (2)   knowingly provides false or incorrect information in a notification
or report required under this section; or
      (3)   fails or refuses to take the necessary action to clean up pollution
or damage to the stormwater drainage system, waters of the United States, or
state water, or to other property, that is caused by the discharge. (Ord. Nos.
24033; 28461)
SEC. 19-118.6.   STORMWATER DISCHARGES FROM CONSTRUCTION ACTIVITIES.
   (a)   An operator of a construction site shall comply with all terms and
conditions of a construction general permit or an individual permit, whichever
is obtained for or applicable to the construction site. An operator of a
construction site shall provide the director with a copy of the stormwater
pollution prevention plan required by the construction general permit or
individual permit and shall implement best management practices to control and
minimize the discharge into the stormwater drainage system, waters of the
United States, and state water of any sediment, silt, earth, soil, or other
material from the construction site. Erosion control elements meeting the
criteria for best management practices must be installed before any
construction site is established in accordance with an installation schedule as
specified in a stormwater pollution prevention plan required by the
construction general permit or individual permit.
   (b)   The best management practices referred to in Subsection (a) of this
section may include, but are not limited to, the following measures:
      (1)   Ensuring that existing vegetation is preserved where feasible and
that disturbed portions of the site are stabilized as soon as practicable in
portions of the site where construction activities have temporarily (as
described in EPA and TCEQ regulations) or permanently ceased. Stabilization
measures may include:
         (A)   temporary or permanent seeding;
         (B)   mulching;
         (C)   geotextiles;
         (D)   sod stabilization;
         (E)   vegetative buffer strips;
         (F)   protection of trees;
         (G)   preservation of mature vegetation; and
         (H)   other appropriate measures.
      (2)   Using structural practices to divert flows from exposed soils,
store flows, or otherwise limit runoff and the discharge of pollutants from the
site to the maximum extent feasible.
      (3)   Minimizing the tracking of sediments off site by vehicles, the
generation of dust, and the escape of other windblown waste from the site.
      (4)   Preventing the discharge of building materials, including cement,
lime, concrete, concrete washout water, concrete residue, and mortar, into the
stormwater drainage system, waters of the United States, or state water.
      (5)   Providing general good housekeeping measures to prevent and contain
spills of paints, solvents, fuels, septic waste, and other hazardous chemicals
and pollutants associated with construction, and to ensure proper cleanup and
disposal of any spills in compliance with state, federal, and local
requirements;
      (6)   Implementing effective waste disposal and waste management
techniques, including providing secondary containment, covering waste
materials, and minimizing ground contact with hazardous chemicals and trash.
      (7)   Providing for the timely maintenance of vegetation, erosion, and
sediment control devices, and other best management practices to keep
vegetation, erosion, and sediment control devices in good and effective
operating condition.
      (8)   Installing structural measures during the construction process to
control pollutants in stormwater discharges that will occur during construction
activities and after construction operations have been completed. Structural
measures should be placed on upland soils to the degree attainable. Installed
structural measures may include, but are not limited to:
         (A)   stormwater detention structures, including wet ponds;
         (B)   stormwater retention structures;
         (C)   flow attenuation by use of open vegetative swales and natural
depressions;
         (D)   other velocity dissipation devices;
         (E)   infiltration of runoff on site; and
         (F)   sequential systems that combine several practices.
      (9)   Preventing dust caused by the sanding, grinding, cutting, or sawing
of any materials from accumulating in an area greater than 25 square feet.
      (10)   Taking all of the following actions for an on-site concrete batch
plant used in connection with the construction site:
         (A)   Constructing continuous interior berms around all:
            (i)   concrete batch plant equipment, including but not limited to
concrete mixing equipment, silos, concrete drop points, conveyor belts, and
admixture tanks;
            (ii)   concrete truck loading and unloading areas; and
            (iii)   concrete truck washout facilities.
          (B)   Directing all stormwater and non- stormwater from the concrete
batch plant to containment ponds, tanks, or other stormwater detention
structures.
         (C)   Providing on-site lined concrete batch plant washout facilities
with sufficient volume to contain all liquid and waste generated by on-site
concrete batch plant operations.
         (D)   Conforming on-site concrete batch plant operations to all
requirements of the construction general permit or individual permit applicable
to the construction site.
      (11)   Storing bagged, boxed, and bucketed materials on pallets and
covering those materials when they are not in use and prior to and during any
precipitation event.
      (12)   Maintaining an adequate supply of appropriate spill cleanup
material near the designated storage area for bagged, boxed, and bucketed
materials.
      (13)   Preventing the operation of tracked equipment within any body or
course of surface water unless the director has determined that the surface
water has been suitably diverted around the active construction area.
   (c)   The operator of a construction site is responsible for the
installation and maintenance of stormwater management measures until final
stabilization of the site has been completed and the notice of termination has
been received by the director.
   (d)   The operator of a construction site shall inspect the site and any
facilities on the site in accordance with the requirements of the construction
general permit or the individual permit, whichever is obtained for or
applicable to the site.
   (e)   The director may require that plans and specifications prepared for
the construction of site improvements illustrate and describe what best
management practices will be implemented at the construction site.
   (f)   The city may deny approval of any building permit, street or sidewalk
cut permit, plumbing permit, service connection permit, grading permit,
subdivision plat, site development plan, or other city approval necessary to
commence or continue construction or development, if the management practices
described in the plans and specifications, or observed upon a site inspection
by the director, are determined not to control and reduce, to the maximum
extent practicable, the discharge of sediment, silt, earth, soil, and other
materials associated with clearing, grading, demolishing, excavating, and other
construction activities.
   (g)   An owner of a construction site is jointly and severally responsible
with the operator for compliance with the requirements of this section, even if
the owner is not an operator of the site.
   (h)   Any contractor or subcontractor on a construction site, who is not an
owner or operator of the site but who is responsible under the construction
contract or subcontract for implementing a best management practices control
measure, is jointly and severally responsible for any intentional, willful, or
negligent failure to adequately implement that control measure if such failure
causes or contributes to causing the city to violate a water quality standard,
the city’s NPDES permit or TPDES permit, or any other discharge permit issued
by a state or federal regulatory authority for discharges from the stormwater
drainage system.
   (i)   An owner or operator of a construction site shall provide copies of
all notices of intent, construction site notices, notices of change, and
notices of termination to the director in accordance with the requirements of
the construction general permit or the individual permit.
   (j)   The director may, in the interest of public safety, issue a written
notice to an operator of a construction site that:
      (1)   authorizes the temporary removal or alteration of structural
measures being used as a best management practice under Subsection (b) if:
         (A)   flooding or significant standing of water occurs in a public
right-of-way near the construction site during a representative storm event; or
         (B)   the director determines that a representative storm event is
impending, and flooding or significant standing water previously occurred in a
public right-of-way near the construction site during a representative storm
event; and
      (2)   requires the replacement of all structural measures removed
pursuant to the notice upon the earlier of recession of standing water from the
public right-of-way or 24 hours following the last rainfall. (Ord. Nos. 24033;
28461)
SEC. 19-118.7.   STORMWATER DISCHARGES ASSOCIATED WITH INDUSTRIAL ACTIVITY.
   (a)   An operator of an industrial facility shall comply with all terms and
conditions of the multi- sector general permit or an individual NPDES or TPDES
permit, whichever is obtained for the activity conducted at the industrial
facility. An operator of an industrial facility shall use best management
practices to control and minimize the discharge into the stormwater drainage
system, waters of the United States, and state water of any material or
substance handled, stored, or generated by the industrial facility and any
pollutant that may be attributed to those materials or substances. An operator
is required to retain records of all monitoring information collected for a
six-year period from the date of sample collection. An operator shall submit
any monitoring results or a summary of results as required by the multi-sector
general permit or an individual permit to the director and, upon request, shall
submit copies of discharge monitoring reports to the director.
   (b)   The best management practices referred to in Subsection (a) of this
section may include, but are not limited to, the following measures:
      (1)   Providing general good housekeeping measures to ensure that areas
within the industrial facility that may contribute pollutants to stormwater
discharge are routinely cleaned and kept orderly.
      (2)   Implementing effective waste disposal and waste management
techniques, including but not limited to providing secondary containment,
covering waste materials, and minimizing ground contact with hazardous
chemicals and trash.
      (3)   Implementing and maintaining spill prevention and response
measures, including but not limited to secondary containment, labeling, and
cleanup techniques.
      (4)   Implementing and maintaining erosion prevention measures, including
but not limited to soil stabilization through vegetative cover, contouring
slopes, paving, and structural controls.
      (5)   Implementing and maintaining structural controls, including but not
limited to oil- water separators, sediment ponds, catch basins, grassed swales,
and berms.
      (6)   Eliminating or reducing exposure of garbage and refuse materials to
precipitation or runoff prior to disposal.
      (7)   Eliminating or reducing exposure of containers or equipment that
are covered or partially covered with oil, grease, rust, or other potentially
polluting substances to precipitation or runoff.
   (c)   If an industrial facility is required by an individual permit or
multi-sector general permit to conduct annual, semi-annual, or other periodic
monitoring, the operator shall:
      (1)   submit to the director a signed copy of each monitoring report
prepared in compliance with the applicable individual permit or multi-sector
general permit;
      (2)   retain records of the monitoring results at the facility and make
them available to the director upon request; and
      (3)   when requested by the director, prepare a written report of any
monitoring conducted by the operator and submit it to the director.
   (d)   If an industrial facility is required by an individual permit or
multi-sector general permit to prepare an annual comprehensive site compliance
evaluation report, the operator shall submit to the director a signed copy of
each report.
   (e)   By written notice, the director may require any industrial facility
identified as not being in compliance with this section to implement a
monitoring program that includes the written submission of quantitative data on
the following constituents:
      (1)   Any pollutant listed in any applicable multi-sector general permit
or in Chapter 307, Title 30 of the Texas Administrative Code, as amended.
      (2)   Any information on discharges required under 40 CFR Part 122.
   (f)   By written notice, the director may require any industrial facility
regulated by this section to conduct semi-annual or annual monitoring of
stormwater discharges, or the director may specify an alternative monitoring
frequency or specify additional parameters to be analyzed. The director may
require written reports of any additional monitoring to be submitted.
   (g)   An operator of an industrial facility regulated by this section shall
retain the stormwater pollution prevention plan, all records of monitoring
information, copies of all required reports, and records of all data used to
complete the notice of intent for at least three years after submitting a
notice of termination required by Subsection (i) of this section.
   (h)   No stormwater discharge associated with industrial activity may
contain any hazardous metals in a quantity that exceeds the maximum allowable
concentrations listed in the individual permit, multi- sector general permit,
or Chapter 307, Title 30 of the Texas Administrative Code, as amended,
whichever limit is more stringent.
   (i)   The operator of an industrial facility regulated by this section shall
submit a notice of termination to the director, which includes the information
required for notices of termination under the individual permit or multi-sector
general permit, whenever:
      (1)   all stormwater discharges associated with industrial activity that
are authorized by this article and by the NPDES permit or TPDES permit are
eliminated at the facility; or
      (2)   the operator of stormwater discharges associated with industrial
activity at the facility changes.
   (j)   An owner of a facility with a stormwater discharge associated with
industrial activity regulated by this section, whether or not the owner is an
operator of the facility, is jointly and severally responsible for compliance
with:
      (1)   the best management practices measures required in the stormwater
pollution prevention plan for the facility; and
      (2)   the effluent limitations for hazardous metals specified in
Subsection (h) of this section.
   (k)   Upon request by the director, an owner or operator of any industrial
facility that experiences a problem complying with the requirements of this
section, the multi-sector general permit, or any applicable individual permit
issued for stormwater discharges from the facility shall consult with the
director in an attempt to achieve compliance as soon as practicable. If
compliance is not achieved to the director’s satisfaction, the director may
report the noncompliance to the EPA or to the TCEQ, or the director may
commence or request commencement of any enforcement action authorized under
Section
19-118.1 of this article. Exercising the option for consultation under this
subsection is not a bar against, or prerequisite to, the taking of any other
enforcement action against an owner or operator of a facility.
   (l)   The operator of an industrial facility that qualifies for a no
exposure exclusion under the multi- sector general permit shall provide the
director with a copy of the no exposure certification provided to the TCEQ as
required by the multi-sector general permit and a copy of the written
notification of coverage and the authorization number received from the TCEQ.
The director may inspect the industrial facility and conduct monitoring and
sampling of any discharge from the industrial facility to verify the no
exposure exclusion.
   (m)   Upon request by the director, an owner or operator of an industrial
facility shall provide the director with documentation of the standard
industrial classification of the operation conducted at the industrial
facility. The documentation may include, but is not limited to, a copy of the
business license application filed for the industrial facility or copies of
organizational or tax documents for the business entity that operates the
industrial facility, provided the standard industrial classification is stated
on the copies provided. If an owner or operator fails or refuses to provide
documentation of the standard industrial classification upon request by the
director, then, for purposes of enforcing this section, the director may assign
to the industrial facility the standard industrial classification under the
multi-sector general permit that best describes the activities observed at the
industrial facility, as determined by the director. (Ord. Nos. 24033; 28461)
SEC. 19-118.8.   COMPLIANCE MONITORING.
   (a)   The director may enter the premises of any person who is discharging
stormwater into the stormwater drainage system, waters of the United States, or
state water to determine if the discharger is complying with all requirements
of this article and of any applicable state or federal discharge permit,
limitation, or requirement.
   (b)   A discharger shall:
      (1)   allow the director ready access to all parts of the premises for
the purposes of inspection, sampling, records examination and copying, and the
performance of any additional duties;
      (2)   make available to the director, within two hours of request, any
stormwater pollution prevention plans or modifications to plans, self-
inspection reports, monitoring records, compliance evaluations, notices of
intent, and other records, reports, and documents required by the NPDES permit
or TPDES permit; and
      (3)   retain and provide to the director, upon request, any annual, semi-
annual, or periodic monitoring reports as required by the NPDES or TPDES
permit.
   (c)   If a discharger has security measures in force that require proper
identification and clearance before entry into the premises, the discharger
shall make necessary arrangements with its security guards so that, upon
presentation of suitable identification, the director is permitted to enter
without delay for the purpose of performing the director’s responsibilities.
   (d)   The director shall have the right to install on the discharger’s
property, or to require installation of, such devices as are necessary to
conduct sampling or metering of the discharger’s operations.
   (e)   The director may require any discharger that contributes a harmful
quantity of a pollutant to the stormwater drainage system, waters of the United
States, or state water to conduct specified sampling, testing, analysis, and
other monitoring of its stormwater discharges. The director may specify the
frequency and parameters of any required monitoring.
   (f)   The director may require the discharger to install monitoring
equipment as necessary at the discharger’s expense. The discharger, at its own
expense, shall at all times maintain the facility’s sampling and monitoring
equipment in a safe and proper operating condition. Each device used to measure
stormwater flow and quality must be calibrated to ensure accuracy.
   (g)   Any temporary or permanent obstruction to safe and easy access to a
facility that is to be inspected or sampled must be promptly removed by the
discharger at the written or verbal request of the director and may not be
replaced. The cost of clearing access to the facility must be borne by the
discharger.
   (h)   A person commits an offense if he:
      (1)   lawfully consents to the director’s entry into a facility that
discharges stormwater, but then knowingly obstructs or hinders the director in
accessing the facility for the lawful purposes of inspection or sampling; or
      (2)   knowingly obstructs or hinders the director in accessing, for the
lawful purposes of inspection or sampling pursuant to a lawfully issued
administrative search warrant, a facility that discharges stormwater.
   (i)   Nothing in this section prohibits a person from exercising the
constitutional right to require that entry to a site or any other property be
made pursuant to a validly issued administrative or other search warrant,
except where a search warrant is not required by law. (Ord. Nos. 24033; 28461)
ARTICLE X.
LIQUID WASTE.
Division 1. Generally.
SEC. 19-119.   DEFINITIONS.
   In this article:
      (1)   CITY means the city of Dallas, Texas.
      (2)   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.
      (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)   EPA means the United States Environmental Protection Agency or,
where appropriate, the regional administrator or other duly authorized official
of the agency.
      (5)   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.
      (6)   GREASE means oils, fats, cellulose, starch, proteins, wax, or other
types of grease, oil, or fat regardless of origin and whether or not
emulsified.
      (7)   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.
      (8)   HAZARDOUS WASTE MATERIAL means liquid waste that:
         (A)   may have any of the following characteristics:
            (i)   toxic;
            (ii)   corrosive;
            (iii)   an irritant;
            (iv)   a strong sensitizer;
            (v)   flammable or combustible;
            (vi)   explosive; or
            (vii)   otherwise capable of causing substantial personal injury or
illness; and
         (B)   is hazardous as defined by the Texas Solid Waste Disposal Act or
the federal Resource Conservation and Recovery Act.
      (9)   INDUSTRIAL USER means a source of indirect discharge or a
nondomestic source of pollutants into the wastewater system.
      (10)   INDUSTRIAL WASTE MATERIAL means liquid waste resulting from or
incidental to industry, manufacturing, mining, or agriculture.
      (11)   LIQUID WASTE means water-borne solids, liquids, and gaseous
substances derived from certain sources, including, but not limited to, grease
trap waste, septic tank waste, chemical toilet waste, sand trap waste, and used
oils, but not including hazardous waste.
      (12)   LIQUID WASTE DISPOSER or DISPOSER means a person who receives and
processes or disposes of liquid waste of a producer. The terms processing and
disposal are as defined in the Texas Solid Waste Disposal Act.
      (13)   LIQUID WASTE TRANSPORTER or TRANSPORTER means a person who
operates a vehicle for the purpose of transporting liquid waste.
      (14)   LIQUID WASTE PRODUCER or PRODUCER means a person who causes,
creates, generates, or otherwise produces liquid waste.
      (15)   PERMIT HOLDER means a person issued a liquid waste transport
permit under
Division 2 of this article or a trap/interceptor permit under
Division 3 of this article, whichever applies.
      (16)   PERSON means any individual, corporation, nonprofit corporation,
organization, partnership, association, or governmental entity.
      (17)   PUBLICLY-OWNED TREATMENT WORKS (POTW) means that term as defined
in Title 40, Code of Federal Regulations, Part 403.3(o), as amended.
      (18)   SPILL means any unplanned discharge of liquid waste.
      (19)   TCEQ means the Texas Commission on Environmental Quality.
      (20)   VEHICLE means a mobile device in which or by which liquid waste
may be transported upon a public street or highway.
      (21)   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 and of a
governmental entity receiving or treating wastewater of the city under a
contract with the city. (Ord. Nos. 14218; 15456; 17226; 18416; 22927; 28084)
Division 2. Liquid Waste Transportation.
SEC. 19-120.   PERMIT REQUIRED.
   (a)   A person commits an offense if he operates or causes to be operated a
vehicle for the purpose of transporting liquid waste without a valid liquid
waste transport permit issued under this article. A separate permit is required
for each vehicle operated. It is a defense to prosecution under this subsection
that the vehicle was operated within the city solely for the purpose of
transporting liquid waste through the city, and no waste was received,
unloaded, stored, or parked within the city.
   (b)   A person who desires to obtain a permit must make application on a
form provided by the director. The applicant must be the person who will own,
control, or operate the liquid waste transport business.
   (c)   The director shall not issue a permit unless:
      (1)   the applicant submits proof of current registration as a
transporter with the TCEQ or submits written documentation from the TCEQ that
registration is not required for the type of liquid waste the applicant will be
transporting;
      (2)   the applicant submits to the director for inspection each vehicle
to be used to transport liquid waste; and
      (3)   each vehicle is found by the director to be constructed, equipped,
and identified in accordance with this article and all other applicable city
ordinances and state and federal laws.
   (d)   A permit is not transferable.
   (e)   A permit prohibits the commingling of hazardous and nonhazardous
materials.
   (f)   Any person transporting hazardous or nonhazardous liquid wastes within
the city must comply with all applicable city ordinances and state and federal
laws.
   (g)   Each applicant must specify which disposal site or sites are proposed
to be used. (Ord. Nos. 13387; 14218; 15456; 18416; 22927; 26925; 28084)
SEC. 19-121.   FEE AND DISPLAY OF PERMIT.
   (a)   The director may not issue a liquid waste transport permit to an
applicant until the appropriate fee is paid. The permit fee is $220 for each
vehicle operated by the applicant. Each permit must be renewed annually.
   (b)   The director shall number permits consecutively. Before operating any
vehicle to transport liquid waste, a permit holder shall cause to be displayed
on each side of the vehicle, in a color contrasting with the background and in
letters at least three inches high, the company name and the following:
   DAL             .
The blank space must contain the permit number. Whenever a liquid waste
transport permit for a vehicle is revoked or otherwise becomes invalid, the
permit holder shall immediately remove the permit number from the vehicle.
   (c)   The permit holder shall keep the permit receipt, or a copy, in the
vehicle at all times and shall allow the director to inspect it upon request.
(Ord. Nos. 13387; 14218; 15456; 18411; 18416; 18876; 19300; 22927; 27698;
28084)
SEC. 19-122.   LIQUID WASTE VEHICLES; IMPOUNDMENT.
   (a)   A liquid waste transporter shall:
      (1)   maintain hoses, tanks, and valves on a vehicle in good repair and
free from leaks;
      (2)   provide a safety plug or cap for each valve of a tank;
      (3)   use a vehicle with a single tank capacity of not less than 500
gallons to transport septic tank, grease trap, or sand trap liquid waste,
except when operating a vehicle for portable toilet cleaning; and
      (4)   cause a vehicle exterior to be clean and the vehicle odor-free at
the beginning of each work day.
   (b)   The director may cause to be impounded any vehicle that is being
operated in violation of this article and may authorize the holding of the
vehicle until the violation is corrected. The vehicle owner or operator shall
pay all towing, storage, and other fees associated with the impoundment of the
vehicle. The director may also revoke the liquid waste transport permit for the
improperly operated vehicle. If a vehicle is impounded or if a permit is
revoked, an appeal may be filed by the transporter pursuant to Section
19-126. (Ord. Nos. 13387; 14218; 15456; 18416; 22927; 28084)
SEC. 19-123.   RESPONSIBILITIES OF A LIQUID WASTE TRANSPORTER.
   (a)   Before accepting a load of liquid waste for transportation, a liquid
waste transporter shall determine the nature of the material to be transported
and that the equipment is sufficient to properly handle the job without
spillage, leaks, or release of toxic or harmful gasses, fumes, liquids, or
other substances. Upon delivery of the waste to the disposer, the transporter
shall inform the disposer of the nature of the waste.
   (b)   A permit holder may not transport any hazardous waste material in any
vehicle permitted by the city for transporting liquid waste.
   (c)   A permit holder must use a disposal site permitted or approved by the
State of Texas.
   (d)   A permit holder must ensure that when pumping out a grease trap/
interceptor, the grease trap/interceptor is completely emptied within 24 hours.
   (e)   A permit holder shall not store wastes for more than four days in a
mobile closed container. An example of a “mobile closed container” is a
vehicle’s holding tank.
   (f)   A manifest system, consisting of a five-part trip ticket, is used to
control the transporting and disposal of all applicable liquid waste generated
in the city and must be used and maintained by the transporter as follows:
      (1)   The trip ticket books, which must be used exclusively for a single
vehicle, are purchased by the transporter from the director for an established
fee.
      (2)   A transporter must complete one trip ticket for each location
serviced, except that a chemical toilet company servicing its own units must
complete one trip ticket for each vehicle load transported.
      (3)   The first copy of the manifest form must be signed by the
transporter and producer at the time of waste collection and left with the
producer for its files.
      (4)   The second copy of the manifest form (which has the transporter and
producer’s signatures) must be signed by the disposer at the time of disposal
and maintained by the disposer.
      (5)   The third copy of the manifest form (which has the signatures of
the transporter, producer, and disposer) must be maintained by the transporter.
      (6)   The fourth copy of the manifest form (which is in a form approved
by the director and has the signatures of the transporter, producer, and
disposer) must be returned by the transporter to the producer within 15 days
after the waste is received by the disposer.
      (7)   The transporter shall deliver to the director all completed trip
ticket books containing the original manifest form with all required signatures
no later than the 10th day of the month following the month in which the trip
ticket books were completed.
      (8)   A copy of all manifests must be maintained by the transporter at
its business office for five years.
      (9)   A transporter shall make all records required to be kept available
for inspection by the director at any reasonable time. (Ord. Nos. 14218; 15456;
18416; 22026; 22927; 26925; 28084)
SEC. 19-124.   RULES AND REGULATIONS.
   The director may promulgate reasonable rules and regulations as may be
necessary to carry out the provisions of this article and protect the public
from health and safety hazards. (Ord. Nos. 14218; 15456; 18416; 22927; 28084)
SEC. 19-125.   SUSPENSION OR REVOCATION OF PERMIT.
   (a)   The director may suspend or revoke one or more liquid waste transport
permits held by a liquid waste transporter if the director determines that the
transporter or an employee of the transporter:
      (1)   violated any provision of this article, any rule or regulation
promulgated by the director under this article, or any other applicable city
ordinance or state or federal law;
      (2)   failed to comply with procedures for developing, maintaining, or
delivering manifest records required to be developed, maintained, or delivered
pursuant to this article, Chapter 49 of this code, or state or federal laws or
regulations for the transfer, transportation, or disposal of industrial waste;
or
      (3)   falsified or improperly altered manifest records required to be
developed, maintained, or delivered pursuant to this article, Chapter 49 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 permit holder
may file a request for reinstatement of the permit. The director shall
reinstate the permit if the director determines that:
      (1)   the permit holder is again qualified under Section
19-120;
      (2)   all violations of this article, Chapter 49 of this code, and
applicable federal pretreatment standards and requirements have been corrected;
      (3)   precautions have been taken by the permit holder to prevent future
violations; and
      (4)   all fees required by this article have been paid.
   (c)   New permit after revocation. If the director revokes a permit, the
permit holder may not apply for or be issued a new permit for the same vehicle
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
19-120 are completely satisfied, the permit holder may apply for and the
director may issue a new permit before the 180-day period expires. (Ord. Nos.
13387; 14218; 15456; 18416; 22927; 28084)
SEC. 19-126.   APPEAL.
   If the director denies the issuance or renewal of a liquid waste transport
permit or suspends or revokes a liquid waste transport permit, the director
shall send to the applicant or permit holder, by certified mail, return receipt
requested, written notice of the action and of the right to an appeal. 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. The filing of a request for an appeal hearing with the
permit and license appeal board stays an action of the director revoking a
permit until the permit and license appeal board makes a final decision. (Ord.
Nos. 14218; 15456; 18200; 18416; 22927; 28084)
Division 3. Liquid Waste Production.
SEC. 19-126.1.   PRODUCER OF WASTE AND MANIFEST SYSTEM.
   (a)   Producers of waste. A person who is an industrial waste generator that
transports or permits the transport of industrial waste off the person’s
premises for disposal shall dispose, or direct disposal to be made, of the
waste at a permitted facility conforming to the requirements of state, federal,
and local laws and regulations.
   (b)   Manifest system. A person who is a producer of grease or sand trap/
interceptor waste shall comply with the city’s manifest program for
documentation of disposal as specified in Section
19-123(f). A copy of each manifest must be retained for three years on the
premises where the waste is produced, in such a place and manner that a city
inspector can inspect the manifest record at any reasonable time. (Ord. 28084)
SEC. 19-126.2.   TRAPS/INTERCEPTORS REQUIRED.
   (a)   Owner/operator to provide trap/ interceptor. The owner or operator of
premises from which industrial waste is discharged shall provide grease and
sand traps/interceptors for the proper handling of liquid wastes containing
grease, floatable substances, or sand.
   (b)   Requirements of trap/interceptor. The traps/interceptors must be of a
type and capacity approved by the director to adequately handle grease and sand
and must be located so that they are easily accessible for cleaning,
inspection, and monitoring.
   (c)   Cleaning of trap/interceptor. Grease and sand traps/interceptors must
be cleaned in such a manner that the volume of grease or sand trap/interceptor
waste removed from each trap/ interceptor equals the nominal volume capacity of
each respective trap/interceptor whenever it is cleaned. A grease trap/
interceptor located upon the premises of a food service establishment must be
100 percent pumped out at least the earlier of:
      (1)   every 90 days; or
      (2)   when at least 25 percent or more of the wetted height of the grease
trap/interceptor, as measured from the bottom of the grease trap/interceptor to
the invert of the outlet pipe, contains floating materials, sediment, oils, or
grease. (Ord. 28084)
SEC. 19-126.3.   PERMIT REQUIRED FOR TRAPS/INTERCEPTORS.
   (a)   Trap/interceptor permits. A person who owns, manages, or operates a
food service establishment commits an offense if the food service establishment
uses a grease or sand trap/interceptor, or discharges industrial waste,
wastewater, or other pollutants through a grease or sand trap/interceptor,
without obtaining or maintaining a valid trap/ interceptor permit from the
director.
   (b)   Application procedures. Application for a trap/interceptor permit
required under Subsection (a) must be made to the director upon a form provided
for the purpose. The director may establish further regulations and procedures
not in conflict with this chapter, Chapter 49 of this code, 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)   Permit issuance. The director shall not issue a permit unless the
director determines that:
      (1)   the applicant is in compliance with the requirements of this
article, any rule or regulation promulgated by the director under this article,
or any other city ordinance or state or federal law applicable to grease or
sand traps/interceptors; and
      (2)   each trap/interceptor of the applicant meets the requirements for
type, capacity, and location set forth in this article, any rule or regulation
promulgated by the director under this article, or any other city ordinance or
state or federal law applicable to grease or sand traps/interceptors.
   (d)   Terms and conditions of permit. The director shall prescribe such
terms and conditions of a trap/interceptor permit as are required and
authorized by the EPA and the TCEQ and as necessary to ensure full compliance
with this article, Chapter 49 of this code, and all state and federal
pretreatment standards and regulations. The term of a permit may not exceed
five years. 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.
   (e)   Nontransferability. Permits issued under this section are not
transferable or assignable.
   (f)   Amending a permit. The director may amend a permit with additional
requirements to ensure compliance with applicable laws and regulations. (Ord.
28084)
SEC. 19-126.4.   SUSPENSION OR REVOCATION OF PERMITS.
   (a)   Grounds for suspension or revocation. The director may suspend or
revoke a trap/interceptor permit if the director determines that a permit
holder:
      (1)   violated any provision of this article, any rule or regulation
promulgated by the director under this article, or any other applicable city
ordinance or state or federal law;
      (2)   failed to comply with procedures for developing, maintaining, or
delivering manifest records required to be developed, maintained, or delivered
pursuant to this article, Chapter 49 of this code, or state or federal laws or
regulations for the transfer, transportation, or disposal of industrial waste;
or
      (3)   falsified or improperly altered manifest records required to be
developed, maintained, or delivered pursuant to this article, Chapter 49 of
this code, or state or federal laws or regulations for the transfer,
transportation, or disposal of industrial waste.
   (b)   Appeals. If the director denies the issuance or renewal of a trap/
interceptor permit or suspends or revokes a trap/interceptor permit, the
director shall send to the applicant or permit holder, by certified mail,
return receipt requested, written notice of the action and of the right to an
appeal. 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. The filing of a request for an appeal hearing with the
permit and license appeal board stays an action of the director revoking a
permit until the permit and license appeal board makes a final decision.
   (c)   Reinstatement. After suspension under this section, a permit holder
may file a request for reinstatement of the permit. The director shall
reinstate the permit if the director determines that:
      (1)   the permit holder is again qualified under Section
19-126.3;
      (2)   all violations of this article, Chapter 49 of this code, and
applicable federal pretreatment standards and requirements have been corrected;
      (3)   precautions have been taken by the permit holder to prevent future
violations; and
      (4)   all fees required by this chapter have been paid.
   (d)   New permit after revocation. If the director revokes a permit, the
permit holder 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
19-126.3 are completely satisfied, the permit holder may apply for and the
director may issue a new permit before the 180-day period expires.
   (e)   Discharge without permit. A permit holder whose permit is suspended or
revoked shall not discharge industrial waste into the wastewater system. (Ord.
28084)
SEC. 19-126.5.   RESPONSIBILITIES OF LIQUID WASTE PRODUCER.
   (a)   A producer of liquid waste shall have all liquid waste material picked
up from the producer’s premises by a person holding a valid liquid waste
transport permit from the city and transported to an approved site for
disposal.
   (b)   A producer of liquid waste shall determine if the liquid waste is
hazardous and shall not have hazardous waste material, or liquid waste in
combination with hazardous waste material, removed from the producer’s premises
by a liquid waste transporter operating under a city permit.
   (c)   A producer shall sign the manifest from the transporter when a load is
picked up by the transporter and shall keep a copy of all trip tickets at the
producer’s business office for three years. The director may inspect these
records at any reasonable time.
   (d)   A producer shall:
      (1)   install or provide a grease, sand, or grit collection device of a
size and type specified in accordance with the Dallas Plumbing Code;
      (2)   maintain a grease, sand, or grit collection device in continuous,
proper operation;
      (3)   supervise proper cleaning of a grease, sand, or grit collection
device;
      (4)   report any spill or accident involving a grease, sand, or grit
collection device to the director as soon as is practicable within 24 hours
after the spill or accident occurred;
      (5)   clean up all spills and accidents immediately and have material
disposed of using proper means by a transporter permitted by the city; and
      (6)   comply with all city ordinances and state and federal laws
applicable to liquid waste producers. (Ord. 28084)
Division 4. Liquid Waste Accumulation and Disposal.
SEC. 19-127.   ACCUMULATION OF LIQUID WASTE.
   A person commits an offense if he allows liquid waste that emits noxious or
offensive odors or is unsanitary or injurious to public health to accumulate
upon property under the person’s control. (Ord. Nos. 14218; 15456; 18416;
22927; 28084)
SEC. 19-128.   SEPTAGE AND CHEMICAL TOILET WASTE.
   (a)   Transported septage and chemical toilet waste may not be discharged
into the wastewater system, except at such locations and times as are
designated by the director.
   (b)   The director may collect samples of each transported load to ensure
compliance with applicable standards. The director may require the transporter
to provide a waste analysis of any load prior to discharge. (Ord. 28084)
SEC. 19-129.   DISPOSAL OF LIQUID WASTE.
   (a)   A person commits an offense if he unloads or offers for sale or
exchange any liquid waste, except at a place permitted or approved by the
state.
   (b)   A person commits an offense if he deposits or discharges any liquid
waste onto a street or into a storm or sanitary sewer or an area that drains
into the wastewater or stormwater system.
   (c)   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. (Ord. Nos. 14218; 15456; 18416; 22927;
28084)
SEC. 19-130.   RESPONSIBILITIES OF LIQUID WASTE DISPOSERS.
   (a)   A liquid waste disposer commits an offense if he allows accumulation
of liquid waste on the disposer’s premises so that rainfall could carry the
material to storm sewers or adjacent property or create a noxious odor or
health hazard.
   (b)   A liquid waste disposer shall:
      (1)   comply with all city ordinances and state and federal laws
applicable to liquid waste disposers;
      (2)   accept liquid waste only from a transporter permitted by the city;
      (3)   maintain manifest copies for three years;
      (4)   accept only those classes of wastes authorized under city, state,
or federal requirements; and
      (5)   make available all records required to be kept for inspection by
the director at any reasonable time. (Ord. Nos. 15456; 18416; 22927; 28084)
Division 5. Enforcement.
SEC. 19-131.   CRIMINAL RESPONSIBILITY OF CORPORATIONS OR ASSOCIATIONS.
   In addition to prohibiting certain conduct by individuals, it is the intent
of this article to hold a corporation or association criminally responsible for
prohibited conduct performed by an agent acting in behalf of a corporation or
association and within the scope of the agent’s office or employment. (Ord.
Nos. 15456; 18416; 22927; 28084)
SEC. 19-131.1.   RIGHT OF ENTRY OF CITY EMPLOYEES.
   The director, the city environmental health officer, and other duly
authorized employees of the city acting as their duly authorized agents and
bearing proper credentials and identification, shall be permitted to gain
access to such properties as may be necessary for the purpose of inspection,
observation, measurement, sampling, and testing in accordance with the
provisions of this article. (Ord. 28084)
SEC. 19-131.2.   ENFORCEMENT.
   (a)   Authority to enforce. The director and the city environmental health
officer shall have the power to enforce the provisions of this article. For
purposes of this article, state law, and federal law, the wastewater system is
a publicly-owned treatment works.
   (b)   Administrative search warrants. The municipal court shall have the
power to issue to the city environmental health officer administrative search
warrants, or other process allowed by law, where necessary to aid in enforcing
this article.
   (c)   Penalties. A person who violates any provision of this article or any
term or condition of 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.
   (d)   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 this article.
   (e)   Civil actions. This article or the terms and conditions of a permit
granted pursuant to this article may be enforced by civil court action as
provided by state or federal law. (Ord. 28084)
ARTICLE XI.
DISPOSAL OF FETAL MATERIAL.
SEC. 19-132.   DEFINITIONS.
   In this article:
   (1)   CREMATION means the reduction of fetal material through the process of
complete combustion.
   (2)   DIRECTOR means the director of the department designated by the city
manager to enforce and administer this article, or the director’s designated
representative.
   (3)   DISPOSER means a person who knowingly cremates, buries or otherwise
disposes of fetal material.
   (4)   FETAL MATERIAL means a fetus or fetal material that has experienced
fetal death as defined by Title 25, Section 181.1 of the Texas Administrative
Code.
   (5)   PERSON means an individual, association, corporation, or partnership.
   (6)   SPONTANEOUS MISCARRIAGE means a termination of pregnancy that is not
artificially induced and which occurs prior to fetal viability.
   (7)   TRANSPORTER means a person who knowingly operates a vehicle for the
purpose of transporting fetal material as defined herein. (Ord. 18441)
SEC. 19-133.   PERMIT REQUIRED - TRANSPORTER.
   (a)   A person commits an offense if he knowingly operates a vehicle, or
causes a vehicle to be operated, on a public street, highway or alley for the
purpose of transporting fetal material without a transporter permit.
   (b)   To obtain a permit a person must make application to the director on a
form provided by the director for that purpose.
   (c)   The director shall issue a transporter permit, valid for one year, if:
      (1)   the applicant submits for inspection each vehicle to be used;
      (2)   the director determines that each vehicle will appropriately
protect public health; and
      (3)   the applicant tenders to the director an annual fee of $40 for the
first vehicle and $25 for each additional vehicle to be operated under the
permit. (Ord. 18441)
SEC. 19-134.   PERMIT REQUIRED - DISPOSER.
   (a)   A person commits an offense if he knowingly disposes of fetal material
by any means without a disposer permit.
   (b)   To obtain a permit for disposal a person must make application to the
director on a form provided by the director for that purpose.
   (c)   The director shall issue an annual disposer permit if:
      (1)   he determines that the applicant has appropriate facilities to
dispose of fetal material by cremation or burial or other means which are
sanitary and protect the public health and welfare;
      (2)   the applicant tenders to the director an annual fee of $40. (Ord.
18441)
SEC. 19-135.   EXEMPTIONS.
   (a)   The permit requirements of Sections
19-133 and
19-134 shall not apply to:
      (1)   any hospital or other health or sanitation facility licensed by the
State of Texas or operated by the city, the state or federal government; or
      (2)   any mortician licensed by the state operating in compliance with
state law regarding the cremation or burial of humans; or
      (3)   any medical laboratory directed and staffed by a pathologist
licensed by the state to practice medicine.
   (b)   The requirements of Sections
19-133,
19-134 and
19-136 shall not apply to any person who passes fetal material as a result of a
spontaneous miscarriage. (Ord. 18441)
SEC. 19-136.   METHOD OF DISPOSAL.
   (a)   A person commits an offense if he knowingly disposes of fetal material
by any means not approved by the director.
   (b)   The director shall approve of those methods of disposal of fetal
material which provide adequate sanitation and which the director determines
adequately protect the public health and safety.
   (c)   In accordance with Section 325.136 of the Municipal Solid Waste
Management Regulations of the Texas Department of Health no person shall:
      (1)   place fetal material in solid waste containers or otherwise co-
mingle fetal material with routine solid waste; or
      (2)   place fetal material for transport without first placing the fetal
material in conspicuously marked double-bagged plastic bags not less than 1.5
mil thick each. (Ord. 18441)
CHAPTER 19A
RESERVED
   (Repealed by Ord. 16926)
CHAPTER 20
EARNED PAID SICK TIME
ARTICLE I.
GENERAL PROVISIONS.
Sec.
20-1.   Purpose.
Sec.
20-2.   Definitions.
Sec.
20-3.   General authority and duty of the director.
ARTICLE II.
EARNED PAID SICK TIME REQUIREMENTS.
Sec.
20-4.   Accrual requirements and yearly cap.
Sec.
20-5.   Usage requirements.
Sec.
20-6.   No change to more generous leave policies.
Sec.
20-7.   Notice and other requirements.
Sec.
20-8.   Retaliation prohibited.
ARTICLE III.
ENFORCEMENT.
Sec.
20-9.   Procedures for filing complaints.
Sec.
20-10.   Investigation.
Sec.
20-11.   Voluntary compliance; violations; penalties; appeals.
Sec.
20-12.   Annual report.
ARTICLE I.
GENERAL PROVISIONS.
SEC. 20-1.   PURPOSE.
   (a)    The purpose of this chapter is to protect the health, safety, and
welfare of the people of the City of Dallas by providing employees with the
ability to accrue and use earned paid sick time when they need to be absent
from work because the employee or the employee's family member suffers illness,
injury, stalking, domestic abuse, sexual assault, or otherwise requires medical
or health care, including preventative care and mental health care.
   (b)   The denial or deprivation of earned paid sick time to employees is
detrimental to the health, safety, and welfare of the residents of Dallas and
is within the power and responsibility of the city to prevent. (Ord. 31181)
SEC. 20-2.    DEFINITIONS.
   In this chapter:
      (1)   CITY means the City of Dallas, Texas.
      (2)   DEPARTMENT means the department designated by the city manager to
implement, administer, and enforce this chapter.
      (3)   DIRECTOR means the director of the department designated by the
city manager to implement, administer, and enforce this chapter and includes
representatives, agents, or department employees designated by the director.
      (4)   EARNED PAID SICK TIME means a period of paid leave from work
accrued by an employee in accord with this chapter.
      (5)   EMPLOYEE means an individual who performs at least 80 hours of work
for pay within the City of Dallas, Texas in a year for an employer, including
work performed through the services of a temporary or employment agency.
Employee does not mean an individual who is an independent contractor according
to Title 40, Section 821.5 of the Texas Administrative Code. Employee does not
mean an unpaid intern.
      (6)   EMPLOYER means any person, company, corporation, firm, partnership,
labor organization, non-profit organization, or association that pays an
employee to perform work for an employer and exercise control over the
employee's wages, hours, and working conditions. The term does not include:
         (A)   the United States government, any of its departments or
agencies, or any corporation wholly owned by it;
         (B)   the government of the State of Texas or any of its departments,
agencies, or political subdivisions;
         (C)   the City of Dallas, Texas; or
         (D)   any other agency that cannot be regulated by city ordinance.
      (7)   FAMILY MEMBER means a spouse, child, parent, any other individual
related by blood, or any other individual whose close association to an
employee is the equivalent of a family relationship.
      (8)   MEDIUM OR LARGE EMPLOYER means an employer with more than 15
employees at any time in the preceding 12 months, excluding the employer's
family members.
      (9)   PREDECESSOR means an employer that employs at least one individual
covered in this chapter, and for which a controlling interest in such employer
or a recognized division of such employer is acquired by a successor.
      (10)   RELEVANT INFORMATION AND TESTIMONY means only materials,
documents, testimony or information necessary to determine whether a violation
of this chapter has occurred.
      (11)   SMALL EMPLOYER means any employer that is not a medium or large
employer.
      (12)   SUBPOENA means a subpoena or a subpoena duces tecum.
      (13)   SUCCESSOR means an employer that acquires a controlling interest
in a predecessor or a controlling interest in a recognized division of a
predecessor. (Ord. 31181)
SEC. 20-3.   GENERAL AUTHORITY AND DUTY OF THE DIRECTOR.
   The director shall implement, administer, and enforce the provisions of this
chapter. The director has the power to render interpretations of this chapter
and to adopt and enforce rules and regulations supplemental to this chapter as
the director deems necessary to clarify the application of this chapter. Such
interpretations, rules, and regulations must be in conformity with the purpose
of this chapter. (Ord. 31181)
ARTICLE II.
EARNED PAID SICK TIME REQUIREMENTS.
SEC. 20-4.   ACCRUAL REQUIREMENTS AND YEARLY CAP.
   (a)   An employer shall grant an employee one hour of earned paid sick time
for every 30 hours worked for the employer in the City of Dallas. Earned paid
sick time shall accrue in one hour unit increments, unless an employer's
written policies establish the accrual of earned paid sick time to be in
fraction of an hour increments.
   (b)   Earned paid sick time shall accrue starting at the commencement of
employment or either August 1, 2019, for an employer with more than five
employees, or August 1, 2021, for an employer with not more than five employees
at any time in the preceding 12 months, whichever is later.
   (c)   This chapter does not require an employer to provide an employee with
more earned paid sick time in a year than the yearly cap provided in this
section. This chapter does not require an employer to allow an employee to
accrue more than the yearly cap of earned paid sick time in a year. An employer
may inform an employee that leave requested in excess of the employee's
available earned paid sick time will not be paid. The yearly cap for earned
paid sick time under this chapter is:
      (1)   Sixty-four hours per employee per year for medium or large
employers, unless the employer chooses a higher limit; and
      (2)   Forty-eight hours per employee per year for small employers, unless
the employer chooses a higher limit;
   (d)   All available earned paid sick time up to the yearly cap provided in
this section shall be carried over to the following year. Provided, that an
employer that makes at least the yearly cap of earned paid sick time available
to employees at the beginning of the year under the purpose and usage
requirements of this chapter is not required to carry over earned paid sick
time for that year.
   (e)   A written contract made pursuant to Title 29, Section 158(d) of the
United States Code between an employer and a labor organization representing
employees may modify the yearly cap requirement established in this section for
employees covered by the contract if the modification is expressly stated in
the contract.
   (f)   A successor must provide to an employee who was employed by a
predecessor at the time of the acquisition and hired by the successor at the
time of acquisition all earned paid sick time available to the employee
immediately before the acquisition. (Ord. 31181)
SEC. 20-5.   USAGE REQUIREMENTS.
   (a)   An employer shall provide an employee with earned paid sick time that
meets the requirements of this chapter in an amount up to the employee's
available earned paid sick time. The employer shall pay earned paid sick time
in an amount equal to what the employee would have earned if the employee had
worked the scheduled work time, exclusive of any overtime premium, tips, or
commissions, but no less than the state minimum wage.
   (b)   Earned paid sick time shall be available for an employee to use in
accord with this chapter as soon as it is accrued, provided, that an employer
may restrict an employee from using earned paid sick time during the employee's
first 60 days of employment if the employer establishes that the employee's
term of employment is at least one year.
   (c)   An employee may request earned paid sick time from an employer for an
absence from the employee's scheduled work time caused by:
      (1)   The employee's physical or mental illness, physical injury,
preventative medical or health care, or health condition; or
      (2)   The employee's need to care for their family member's physical or
mental illness, physical injury, preventative medical or health care, or health
condition; or
      (3)   The employee's or their family member's need to seek medical
attention, seek relocation, obtain services of a victim services organization,
or participate in legal or court ordered action related to an incident of
victimization from domestic abuse, sexual assault, or stalking involving the
employee or the employee's family member.
   (d)   An employer may adopt reasonable verification procedures to establish
that an employee's request for earned paid sick time meets the requirements of
this section if an employee requests to use earned paid sick time for more than
three consecutive work days. An employer may not adopt verification procedures
that would require an employee to explain the nature of the domestic abuse,
sexual assault, stalking, illness, injury, health condition, or other health
need when making a request for earned paid sick time under this section.
   (e)   An employer shall provide earned paid sick time for an employee's
absence from the employee's scheduled work time if the employee has available
earned paid sick time and makes a timely request for the use of earned paid
sick time before their scheduled work time. An employer may not prevent an
employee from using earned paid sick time for an unforeseen qualified absence
that meets the requirements of this section.
   (f)   This section does not require any employer to allow an employee to use
earned paid sick time on more than eight days in a year.
   (g)   An employee who is rehired by an employer within six months following
separation from employment from that employer may use any earned paid sick time
available to the employee at the time of the separation.
   (h)   An employer shall not require an employee to find a replacement to
cover the hours of earned paid sick time as a condition of using earned paid
sick time. This chapter does not prohibit an employer from allowing an employee
to voluntarily exchange hours or voluntarily trade shifts with another
employee, or prohibit an employer from establishing incentives for employees to
voluntarily exchange hours or voluntarily trade shifts. This chapter does not
prohibit an employer from permitting an employee to donate available earned
paid sick time to another employee.
   (i)   Neither the amount of available earned paid sick time nor the right to
use earned paid sick time shall be affected by an employee's transfer to a
different facility, location, division or job position with the same employer.
(Ord. 31181)
SEC. 20-6.   NO CHANGE TO MORE GENEROUS LEAVE POLICIES.
   (a)   An employer may provide paid leave benefits to its employees that
exceed the requirements of this chapter. This chapter does not require an
employer who makes paid time off available to an employee under conditions that
meet the purpose, accrual, yearly cap, and usage requirements of this chapter
to provide additional earned paid sick time to that employee. This chapter does
not require an employer to provide additional earned paid sick time to an
employee if the employee has used paid time off that meets the requirements of
this chapter for a purpose not specified in Section 20-5.
   (b)   This chapter does not prohibit an employer from granting earned paid
sick time to an employee prior to accrual by the employee. (Ord. 31181)
SEC. 20-7.    NOTICE AND OTHER REQUIREMENTS.
   (a)   On no less than a monthly basis, an employer shall provide
electronically or in writing to each employee a statement showing the amount of
the employee's available earned paid sick time. This section does not create a
new requirement for certified payroll.
   (b)   An employer who provides an employee handbook to its employees must
include a notice of an employee's rights and remedies under this chapter in
that handbook.
   (c)   An employer who, as a matter of company policy, uses a 12-consecutive-
month period other than a calendar year for the purpose of determining an
employee's eligibility for and accrual of earned paid sick time shall provide
its employees with written notice of such policy at the commencement of
employment or by either August 1, 2019, for an employer with more than five
employees, or August 1, 2021, for an employer with not more than five employees
at any time in the preceding 12 months, whichever is later.
   (d)   For the period required for maintenance of records under Title 29,
Section 516(a) of the Code of Federal Regulations, an employer shall maintain
records establishing the amount of earned paid sick time accrued by, used by,
and available to each employee.
   (e)   An employer shall display a sign describing the requirements of this
chapter in a conspicuous place or places where notices to employees are
customarily posted. The director shall prescribe the size, content, and posting
location of signs required under this section. The signs displayed under this
section shall be in English and other languages, as determined by the director.
An employer is not required to post such signage until the director makes such
signage publicly available on the city's website. (Ord. 31181)
SEC. 20-8.   RETALIATION PROHIBITED.
   An employer may not transfer, demote, discharge, suspend, reduce hours, or
directly threaten such actions against an employee because that employee
requests or uses earned paid sick time, reports or attempts to report a
violation of this chapter, participates or attempts to participate in an
investigation or proceeding under this chapter, or otherwise exercises any
rights afforded by this chapter. (Ord. 31181)
ARTICLE III.
ENFORCEMENT.
SEC. 20-9.   PROCEDURES FOR FILING COMPLAINTS.
   Any employee alleging a violation of this chapter or their representative
may file a complaint with the director. The director shall receive and
investigate complaints, including anonymous complaints, alleging a violation of
this chapter. A complaint alleging a violation of this chapter must be filed
with the director by or on behalf of an aggrieved employee within two years
from the date of the violation. (Ord. 31181)
SEC. 20-10.   INVESTIGATION.
   (a)   Upon filing of a complaint, the director shall commence a prompt and
full investigation to determine the facts behind the complaint and whether
there is sufficient cause to believe that a violation of this chapter has
occurred, except that no investigation may commence if, after reviewing the
allegations of the aggrieved employee, the director determines that the
complaint does not come within the scope of this chapter. Unless the complaint
is filed anonymously, within 15 days after determining that a particular
complaint does not come within the scope of this chapter, the director shall
give an employee or their representative a clear and concise explanation of the
reasons why it does not and take no further action on the complaint.
   (b)   The director may issue subpoenas to compel the attendance of a witness
or the production of materials or documents in order to obtain relevant
information and testimony. Refusal to appear or to produce any document or
other evidence after receiving a subpoena pursuant to this section is a
violation of this chapter and subject to sanctions as described in Section 2-
9 of the Dallas City Code. Before issuing a subpoena, the director shall seek
the voluntary cooperation of any employer to timely obtain relevant information
and testimony in connection with any investigation of a complaint filed under
this chapter.
   (c)   The director may inform employees at a worksite of any investigation
of a complaint at that worksite alleging a violation of this chapter. (Ord.
31181)
SEC. 20-11.   VOLUNTARY COMPLIANCE; VIOLATIONS; PENALTIES; APPEALS.
   (a)   Unless specifically provided otherwise in this chapter, an offense
under this chapter is punishable by a civil fine not to exceed $500. Each
violation of a particular section or subsection of this chapter constitutes a
separate offense. If the director finds after investigation of a timely
complaint that a violation of this chapter has occurred, an employer shall
receive written notice of the violation and the civil penalty assessed.
   (b)   The director shall seek voluntary compliance from the employer to
remedy any violation of this chapter before any civil penalty is collected. If
voluntary compliance is not achieved within 10 business days following the
employer's receipt of the written violation notice, the employer shall be
liable to the city for the amount of the civil penalty assessed.
   (c)   No penalties shall be assessed under this chapter until April 1, 2020,
except that civil penalties for a violation of Section 20-8, "Retaliation
Prohibited," may be assessed at any time after either August 1, 2019, for an
employer with more than five employees, or August 1, 2021, for an employer with
not more than five employees at any time in the preceding 12 months. For a
violation of this chapter that occurs before April 1, 2020, the director may
issue a notice to the employer that a civil penalty may be assessed for a
violation that occurs after April 1, 2020.
   (d)   Employers may appeal any civil penalty assessed under this chapter.
The director shall establish and enforce additional rules and regulations and
adopt necessary procedures regarding the filing and adjudication of appeals
submitted under this section.
   (e)   This section does not create a criminal offense. (Ord. 31181)
SEC. 20-12.    ANNUAL REPORT.
   The director may publish an annual report regarding implementation and
enforcement of this chapter. (Ord. 31181)
CHAPTER 20A
FAIR HOUSING AND MIXED INCOME HOUSING
ARTICLE I.
FAIR HOUSING
Sec.
20A-1.   Short title.
Sec.
20A-2.   Declaration of policy.
Sec.
20A-3.   Definitions.
Sec.
20A-4.   Discriminatory housing practices.
Sec.
20A-4.1.   Housing voucher incentives.
Sec.
20A-5.   Defenses to criminal prosecution and civil action.
Sec.
20A-6.   Fair housing administrator.
Sec.
20A-7.   Complaint and answer.
Sec.
20A-8.   Investigation.
Sec.
20A-9.   Temporary or preliminary relief.
Sec.
20A-10.   Conciliation.
Sec.
20A-11.   Violation of conciliation agreement.
Sec.
20A-12.   Reasonable cause determination and charge.
Sec.
20A-13.   Dismissal of complaint.
Sec.
20A-14.   Civil action in state district court.
Sec.
20A-15.   Enforcement by private persons.
Sec.
20A-16.   Effect of civil action on certain contracts.
Sec.
20A-17.   Service of notice and computation of time.
Sec.
20A-18.   Additional remedies.
Sec.
20A-19.   Education and public information.
Sec.
20A-20.   Effect on other law.
Sec.
20A-21.   Criminal penalties for violation.
ARTICLE II.
MIXED-INCOME HOUSING
Sec.
20A-22.   Purpose.
Sec.
20A-23.   Applicability.
Sec.
20A-23.1.   Alternative methods of provision and incentives.
Sec.
20A-24.   Definitions and interpretations.
Sec.
20A-25.   Market value analysis category and reserved dwelling unit
verifications.
Sec.
20A-26.   Mixed-income restrictive covenant.
Sec.
20A-27.   Administration of the mixed-income housing program.
Sec.
20A-28.   Tenant selection and other written policies.
Sec.
20A-29.   Reserved.
Sec.
20A-30.   Non-discrimination.
Sec.
20A-31.   Compliance, reporting, and recordkeeping.
Sec.
20A-32.   Violations, corrective action period, and penalty.
Sec.
20A-33.   Mixed income housing development bonus fund.
Sec.
20A-34.   Fees.
ARTICLE I.
FAIR HOUSING
SEC. 20A-1.   SHORT TITLE.
   This chapter may be cited as the Dallas Fair Housing ordinance. (Ord. Nos.
13456; 14809; 20652; 20780)
SEC. 20A-2.   DECLARATION OF POLICY.
   It is the policy of the city of Dallas, through fair, orderly, and lawful
procedures, to promote the opportunity for each person to obtain and maintain
habitable housing without regard to race, color, sex, religion, handicap,
familial status, national origin, or source of income. This policy is grounded
upon a recognition of the right of every person to have access to adequate
habitable housing of the person's own choice, and to maintain the same free
from the denial of this right because of race, color, sex, religion, handicap,
familial status, national origin, or source of income, which denial is
detrimental to the health, safety, and welfare of the inhabitants of the city
and constitutes an unjust deprivation of rights, which is within the power and
proper responsibility of government to prevent. (Ord. Nos. 13456; 14809; 20652;
20780; 30246; 32157)
SEC. 20A-3.   DEFINITIONS.
   In this chapter, unless the context requires a different definition:
      (1)   ACCESSIBLE means that an area of a housing accommodation can be
approached, entered, and used by a person with a physical handicap.
      (2)   ACCESSIBLE ROUTE means a continuous unobstructed path connecting
accessible elements and spaces in a housing accommodation that can be
negotiated by a person with a severe disability using a wheelchair and that is
also safe for and usable by a person with other disabilities.
      (3)   ADMINISTRATOR means the administrator of the fair housing office
designated by the city manager to enforce and administer this chapter and
includes the administrator’s designated representative.
      (4)   AGGRIEVED PERSON means a person claiming to be injured by a
discriminatory housing practice.
      (5)   BUILDING ENTRANCE ON AN ACCESSIBLE ROUTE means an accessible
entrance to a covered multi-family dwelling that is connected by an accessible
route to public transportation stops, to accessible parking and passenger
loading zones, or to the public streets or sidewalks, if available.
      (6)   COMPLAINANT means a person, including the administrator, who files
a complaint under Section
20A-7.
      (7)   COVERED MULTI-FAMILY DWELLING means:
         (A)   a building consisting of four or more dwelling units if the
building has one or more elevators; and
         (B)   a ground floor dwelling unit in any other building consisting of
four or more dwelling units.
      (8)   DEFENSE means a defense to criminal prosecution in municipal court
as explained in the Texas Penal Code. Defense also means, where specifically
provided, an exemption from a civil action.
      (9)   DISCRIMINATORY HOUSING PRACTICE means conduct that is an offense
under Section
20A-4 of this chapter.
      (10)   DWELLING UNIT means a single unit of residence for a family.
      (11)   FAMILIAL STATUS means the status of a person resulting from being:
         (A)   pregnant;
         (B)   domiciled with an individual younger than 18 years of age in
regard to whom the person:
            (i)   is the parent or legal custodian; or
            (ii)   has the written permission of the parent or legal custodian
for domicile with the individual; or
         (C)   in the process of obtaining legal custody of an individual
younger than 18 years of age.
      (12)   FAMILY includes a single individual.
      (13)   FINANCIAL AWARD means a public subsidy matter, as that term is
defined in Section 12A-15.2 of this code, as amended, or any loan, grant, tax
abatement, or monies awarded by the city.
      (14)   HANDICAP:
         (A)   means:
            (i)   a physical or mental impairment that substantially limits one
or more major life activities;
            (ii)   a record of an impairment described in Subparagraph (i) of
this paragraph; or
            (iii)   being regarded as having an impairment described in
Subparagraph (i) of this paragraph; and
         (B)   does not mean a current, illegal use of or addiction to a drug
or illegal or federally-controlled substance.
      (15)   HOUSING ACCOMMODATION means:
         (A)   any building, structure, or part of a building or structure that
is occupied, or designed or intended for occupancy, as a residence for one or
more families; or
         (B)   any vacant land that is offered for sale or lease for the
construction or location of a building, structure, or part of a building or
structure described by Paragraph (A) of this subsection.
      (16)   PERSON means an individual, corporation, partnership, association,
labor organization, legal representative, mutual company, joint-stock company,
trust, unincorporated organization, trustee, receiver, or fiduciary or any
employee, representative, or agent of the person.
      (17)   RENT means lease, sublease, or otherwise grant for a consideration
the right to occupy premises that are not owned by the occupant.
      (18)   RESIDENCE does not include a hotel, motel, or similar public
accommodation where occupancy is available exclusively on a temporary, day-to-
day basis.
      (19)   RESIDENTIAL REAL ESTATE-RELATED TRANSACTION means:
         (A)   the making or purchasing of loans or the providing of other
financial assistance:
            (i)   for purchasing, constructing, improving, repairing, or
maintaining a housing accommodation; or
            (ii)   secured by residential real estate; or
         (B)   the selling, brokering, or appraising of residential real
property.
      (20)   RESPONDENT means a person identified in a complaint or charge as
having committed a discriminatory housing practice under this chapter.
      (21)   SOURCE OF INCOME means lawful, regular, and verifiable income from
whatever source derived (including housing vouchers and other subsidies
provided by government or non-governmental entities, child support, or spousal
maintenance), except as prohibited by Texas Local Government Code, Section
250.007, as amended. For purposes of housing accommodations that benefit from a
subsidy approved by the city council on or after the effective date of this
ordinance, source of income includes housing choice vouchers and other federal,
state, and local housing subsidies.
      (21.1)   SEX means a person's biological gender as well as a person's
sexual orientation and gender identity.
      (22)   SUBSIDY means a public subsidy matter, as that term is defined in
Section 12A-15.2 of this code, as amended, or a density bonus, and that was
approved by city council. (Ord. Nos. 13456; 14809; 20652; 20780; 30246; 30489;
32157)
SEC. 20A-4.   DISCRIMINATORY HOUSING PRACTICES.
   (a)   A person commits an offense if he, because of race, color, sex,
religion, handicap, familial status, national origin, or source of income:
      (1)   refuses to negotiate with a person for the sale or rental of a
housing accommodation or otherwise denies or makes unavailable a housing
accommodation to a person;
      (2)   refuses to sell or rent, or otherwise makes unavailable, a housing
accommodation to another person after the other person makes an offer to buy or
rent the accommodation; or
      (3)   discriminates against a person in the terms, conditions, or
privileges of, or in providing a service or facility in connection with, the
sale or rental of a housing accommodation.
   (b)   A person commits an offense if he, because of race, color, sex,
religion, handicap, familial status, national origin, or source of income:
      (1)   represents to a person that a housing accommodation is not
available for inspection, sale, or rental if the accommodation is available;
      (2)   discriminates against a prospective buyer or renter in connection
with the showing of a housing accommodation; or
      (3)   with respect to a multiple listing service, real estate brokers’
organization, or other business relating to selling or renting housing
accommodations:
         (A)   denies a person access to or membership in the business; or
         (B)   discriminates against a person in the terms or conditions of
access to or membership in the business.
   (c)   A person commits an offense if he:
      (1)   for profit, induces or attempts to induce another person to sell or
rent a housing accommodation by a representation that a person of a particular
race, color, sex, religion, handicap, familial status, national origin, or
source of income is in proximity to, is present in, or may enter into the
neighborhood in which the housing accommodation is located;
      (2)   makes an oral or written statement indicating a policy of the
respondent or a person represented by the respondent to discriminate on the
basis of race, color, sex, religion, handicap, familial status, national
origin, or source of income in the selling or renting of a housing
accommodation; or
      (3)   prints or publicizes or causes to be printed or publicized an
advertisement that expresses a preference or policy of discrimination based on
race, color, sex, religion, handicap, familial status, national origin, or
source of income in the selling or renting of a housing accommodation.
   (d)   A person who engages in a residential real estate-related transaction
commits an offense if he, because of race, color, sex, religion, handicap,
familial status, national origin, or source of income, discriminates against a
person:
      (1)   in making a residential real estate-related transaction available;
or
      (2)   in the terms or conditions of a residential real estate-related
transaction.
   (e)   A person commits an offense if he:
      (1)   discriminates in the sale or rental of a housing accommodation to
any buyer or renter because of a handicap of:
         (A)   that buyer or renter;
         (B)   a person residing in or intending to reside in the housing
accommodation after it is sold, rented, or made available; or
         (C)   any person associated with that buyer or renter; or
      (2)   discriminates against any person in the terms, conditions, or
privileges of sale or rental of a housing accommodation, or in the provision of
services or facilities in connection with the housing accommodation, because of
a handicap of:
         (A)   that person;
         (B)   a person residing in or intending to reside in the housing
accommodation after it is sold, rented, or made available; or
         (C)   any person associated with that person.
   (f)   A person commits an offense if he:
      (1)   refuses to permit, at the expense of a handicapped person,
reasonable modifications of existing premises occupied or to be occupied by the
handicapped person, if the modifications may be necessary to afford the
handicapped person full use of the premises; except that, in the case of a
rental, the landlord may, where reasonable to do so, condition permission for
modification on the renter’s agreeing to restore the interior of the premises
to the condition that existed before the modification, reasonable wear and tear
excepted;
      (2)   refuses to make reasonable accommodations in rules, policies,
practices, or services when the accommodations may be necessary to afford a
handicapped person equal opportunity to use and enjoy a housing accommodation;
      (3)   fails to design or construct a covered multi-family dwelling, for
first occupancy after March 13, 1991, to have at least one building entrance on
an accessible route, unless it is impractical to do so because of the terrain
or unusual characteristics of the site; or
      (4)   fails to design and construct a covered multi-family dwelling, for
first occupancy after March 13, 1991, that has a building entrance on an
accessible route in such a manner that:
         (A)   the public and common use areas of the dwelling are readily
accessible to and usable by a handicapped person;
         (B)   all the doors designed to allow passage into and within all
premises are sufficiently wide to allow passage by a handicapped person in a
wheelchair; and
         (C)   all premises within a dwelling unit contain the following
features of adaptive design:
            (i)   an accessible route into and through the dwelling unit;
            (ii)   light switches, electrical outlets, thermostats, and other
environmental controls in accessible locations;
            (iii)    reinforcements in the bathroom walls to allow later
installation of grab bars; and
            (iv)   usable kitchens and bathrooms that allow a person in a
wheelchair to maneuver about the space.
   (g)   A person commits an offense if he coerces, intimidates, threatens, or
otherwise interferes with any person in the exercise or enjoyment of, or on
account of that person having exercised or enjoyed, or on account of that
person having aided or encouraged any other person in the exercise or enjoyment
of, any right granted or protected by this chapter.
   (h)   A person commits an offense if he retaliates against any person for
making a complaint, testifying, assisting, or participating in any manner in a
proceeding under this chapter. (Ord. Nos. 13456; 14809; 20652; 20780; 21055;
30246)
SEC. 20A-4.1.   HOUSING VOUCHER INCENTIVES.
   In accordance with Section 250.007(c) of the Texas Local Government Code, as
amended, the city hereby creates and implements the following voluntary program
to encourage acceptance of housing vouchers, including vouchers directly or
indirectly funded by the federal government.
   (a)   Subsidy or financial award. All housing accommodations that benefit
from a subsidy or financial award, as defined in Section 20A-3, approved by the
city council on or after the effective date of this ordinance must:
      (1)    not discriminate against holders of any housing vouchers,
including vouchers directly or indirectly funded by the federal government; and
      (2)    comply with Section
20A-28 regarding tenant selection criteria, Section
20A-31(e)(6) regarding registering as a vendor with local providers of housing
vouchers, and Section
20A-31(g) regarding compliance with an affirmative fair housing marketing plan.
   (b)   Financial award. Multifamily housing accommodations that benefit from
a financial award approved by the city council on or after the effective date
of this ordinance must make best efforts to lease up to 10 percent of the
dwelling units to holders of housing vouchers, including vouchers directly or
indirectly funded by the federal government, for a minimum of 15 years from the
date of the initial issuance of the housing accommodation's certificate of
occupancy. Multifamily has the meaning assigned in Section
51A-4.209 (b)(5) of the Dallas Development Code, as amended. In this section,
best efforts means compliance with Section
20A-4.1 (a), compliance with the incentive agreement related to the financial
award, and submission of the evidence of compliance to the director of the
department administering the financial award. (Ord. Nos. 30246; 32195)
SEC. 20A-5.   DEFENSES TO CRIMINAL PROSECUTION AND CIVIL ACTION.
   (a)   It is a defense to criminal prosecution or civil action under Section
20A-4 that:
      (1)   the housing accommodation is owned, controlled, or managed by:
         (A)   a religious organization, or a nonprofit organization that
exists in conjunction with or is operated, supervised, or controlled by a
religious organization, and the organization sells or rents the housing
accommodation only to individuals of the same religion as the organization;
except that, this defense is not available if:
            (i)   the offense involves discrimination other than on the basis
of religion;
            (ii)   the organization owns, controls, or manages the housing
accommodation for a commercial purpose; or
            (iii)   membership in the religion is limited to individuals on the
basis of race, color, sex, handicap, familial status, national origin, or
source of income.
         (B)   a nonprofit religious, educational, civic, or service
organization or by a person who rents the housing accommodation to individuals,
a predominant number of whom are associated with the same nonprofit religious,
educational, civic, or service organization, and the organization or person,
for the purposes of privacy and personal modesty, rents the housing
accommodation only to individuals of the same sex or provides separate
accommodations or facilities on the basis of sex; except that, this defense is
not available if the offense involves:
            (i)    discrimination other than on the basis of sex; or
            (ii)   a sale of the housing accommodation; or
         (C)   a private organization and, incidental to the primary purpose of
the organization, the organization rents the housing accommodation only to its
own members; except that, this defense is not available if:
            (i)   the organization owns, controls, or manages the housing
accommodation for a commercial purpose; or
            (ii)   the offense involves a sale of the housing accommodation; or
      (2)   compliance with this chapter would violate a federal, state, or
local law restricting the maximum number of occupants permitted to occupy a
dwelling unit.
   (b)   It is a defense to criminal prosecution or civil action under all of
Section
20A-4 except Section
20A-4(c)(2) and (3) that the housing accommodation is:
      (1)   a single-family dwelling owned by the respondent; except that, this
defense is not available if the respondent:
         (A)   owns an interest or title in more than three single-family
dwellings, whether or not located inside the city, at the time the offense is
committed;
         (B)   has not resided in the dwelling within the preceding 24 months
before the offense is committed; or
         (C)   uses the services or facilities of a real estate agent, or any
other person in the business of selling or renting real estate, in connection
with a sale or rental involved in the offense; or
      (2)   occupied or intended for occupancy by four or fewer families living
independently of each other, and the respondent is the owner of the
accommodation and occupies part of the accommodation as a residence; except
that, this defense is not available if the offense involves a sale of all or
part of the housing accommodation.
   (c)   It is a defense to criminal prosecution or civil action under Section
20A-4 as it relates to handicap that occupancy of a housing accommodation by
the aggrieved person would constitute a direct threat to the health or safety
of another person or result in physical damage to another person’s property.
   (d)   It is a defense to criminal prosecution or civil action under Section
20A-4 as it relates to familial status that the housing accommodation is:
      (1)   provided under a state or federal program that is specifically
designed and operated to assist elderly persons, as defined in the state or
federal program;
      (2)   intended for, and solely occupied by, a person at least 62 years of
age, except that:
         (A)   an employee of the housing accommodation who performs
substantial duties directly related to the management or maintenance of the
housing accommodation may occupy a dwelling unit, with family members in the
same unit; and
         (B)   a person under age 62 years residing in the housing
accommodation on September 13, 1988 may occupy a dwelling unit, provided that
all new occupants following that date are persons at least 62 years of age; and
         (C)   all vacant units are reserved for occupancy by persons at least
62 years of age; or
      (3)   intended and operated for occupancy by at least one person 55 years
of age or older per dwelling unit, provided that:
         (A)   the housing accommodation has significant facilities and
services specifically designed to meet the physical and social needs of an
older person or, if it is not practicable to provide such facilities and
services, the housing accommodation is necessary to provide important housing
opportunities for an older person;
         (B)   at least 80 percent of the dwelling units in the housing
accommodation are occupied by at least one person 55 years of age or older per
dwelling unit; except that a newly constructed housing accommodation for first
occupancy after March 12, 1989 need not comply with this requirement until 25
percent of the dwelling units in the housing accommodation are occupied; and
         (C)   the owner or manager of the housing accommodation publishes and
adheres to policies and procedures that demonstrate an intent by the owner or
manager to provide housing to persons at least 55 years of age.
   (e)   It is a defense to criminal prosecution or civil action under Section
20A-4(d) that the person, in the purchasing of loans, considered factors that
were justified by business necessity and related to the transaction’s financial
security or the protection against default or reduction in the value of the
security, but were unrelated to race, color, religion, sex, handicap, familial
status, national origin, or source of income.
   (f)   It is a defense to criminal prosecution under Section
20A-4 that the aggrieved person has been convicted by a court of competent
jurisdiction of the illegal manufacture or distribution of a controlled
substance as defined by Section 481.002 of the Texas Health and Safety Code, as
amended, or by Section 802, Title 21 of the United States Code Annotated, as
amended.
   (g)   It is a defense to criminal prosecution under Section
20A-4(d) that the person was engaged in the business of furnishing appraisals
of real property and considered factors other than race, color, religion, sex,
handicap, familial status, national origin, or source of income.
   (h)   It is a defense to criminal prosecution or civil action under Sections
20A-4 regarding source of income and under
20A-4.1 regarding housing voucher incentives that the following are leased to
housing voucher holders:
      (1)   the minimum required percentage or number of reserved dwelling
units as defined in Section
20A-24, as required by the applicable zoning district;
      (2)   the minimum required percentage or number of affordable dwelling
units, as required by the subsidy or financial award; or
      (3)   if neither (1) nor (2) applies, at least 10 percent of the dwelling
units in a multifamily use, as defined in Section
51A-4.209(b)(5) of the Dallas Development Code, as amended.
   (i)   Nothing in this chapter prohibits:
      (1)   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 as defined by Section 481.002 of the Texas Health and
Safety Code, as amended, or by Section 802, Title 21 of the United States Code
Annotated, as amended; or
      (2)   a person engaged in the business of furnishing appraisals of real
property from taking into consideration factors other than race, color,
religion, sex, handicap, familial status, national origin, or source of income.
(Ord. Nos. 13456; 14809; 20652; 20780; 21055; 30246; 32195)
SEC. 20A-6.   FAIR HOUSING ADMINISTRATOR.
   (a)   The administrator shall implement and enforce this chapter and may
establish such rules and regulations as are determined necessary to perform the
duties of that office.
   (b)   The administrator is encouraged to cooperate with the Secretary of
Housing and Urban Development and the Attorney General of the United States in
the enforcement of the Fair Housing Act of 1968, 42 U.S.C. § 3601, et seq., as
amended, and may assist the secretary or attorney general in any way consistent
with the policy of this chapter. The administrator is encouraged to cooperate
with the Texas Commission on Human Rights in the enforcement of the Texas Fair
Housing Act, Article 1f, Vernon’s Texas Revised Civil Statutes, as amended, and
may assist the commission in any way consistent with the policy of this
chapter.
   (c)   The administrator may order discovery in aid of investigations under
this chapter. Such discovery may be ordered to the same extent and is subject
to the same limitations as would apply if the discovery were ordered in aid of
a civil action in a state district court of Dallas County, Texas. (Ord. Nos.
13456; 14809; 17393; 20652; 20780)
SEC. 20A-7.   COMPLAINT AND ANSWER.
   (a)   An aggrieved person, or any authorized representative of an aggrieved
person, may report a discriminatory housing practice to the administrator and
file a complaint with the administrator not later than one year after an
alleged discriminatory housing practice has occurred or terminated. A complaint
may also be filed by the administrator, not later than one year after an
alleged discriminatory housing practice has occurred or terminated, if the
administrator has reasonable cause to believe that a person has committed a
discriminatory housing practice.
   (b)   The administrator shall treat a complaint referred by the Secretary of
Housing and Urban Development or the Attorney General of the United States
under the Fair Housing Act of 1968, 42 U.S.C. § 3601, et seq., as amended, or
by the Texas Commission on Human Rights under the Texas Fair Housing Act,
Article 1f, Vernon’s Texas Revised Civil Statutes, as amended, as a complaint
filed under Subsection (a). No action will be taken under this chapter against
a person for a discriminatory housing practice if the referred complaint was
filed with the governmental entity later than one year after an alleged
discriminatory housing practice occurred or terminated.
   (c)   A complaint must be in writing, 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)   Name and address of the aggrieved person, if different from the
complainant.
      (4)   Date of the occurrence or termination of the discriminatory housing
practice and date of the filing of the complaint.
      (5)   Description and address of the housing accommodation involved in
the discriminatory housing practice, if appropriate.
      (6)   Concise statement of the facts of the discriminatory housing
practice, including the basis of the discrimination (race, color, sex,
religion, handicap, familial status, national origin, or source of income).
   (d)   Upon the filing of a complaint, the administrator shall, in writing:
      (1)   notify the complainant, and the aggrieved person if different from
the complainant, that a complaint has been filed; and
      (2)   advise the complainant, and the aggrieved person if different from
the complainant, of time limits applicable to the complaint and of any rights,
obligations, and remedies of the aggrieved person under this chapter.
   (e)   Not more than 10 days 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 a discriminatory housing practice has been filed
against the respondent;
      (2)   furnish a copy of the complaint to the respondent;
      (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 10 days after service of notice of the
complaint; and
      (4)   advise the respondent of other rights and remedies available to the
aggrieved person under this chapter.
   (f)   Not later than the 10th 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 and facts of any defense or exemption.
   (g)   A complaint or answer may be amended at any time before the
administrator notifies the city attorney under Section
20A-12 of a discriminatory housing practice upon which the complaint is based.
The administrator shall furnish a copy of each amended complaint or answer,
respectively, to the respondent or complainant, and any aggrieved person if
different from the complainant, as promptly as is practicable.
   (h)   The administrator may not disclose or permit to be disclosed to the
public the identity of a respondent before the administrator notifies the city
attorney under Section
20A-12 of a discriminatory housing practice alleged against the respondent in a
complaint or while the complaint is in the process of being investigated and
prior to completion of all negotiations relative to a conciliation agreement.
   (i)   A complaint, except a referred complaint described in Subsection (b)
of this section, shall be finally disposed of either through dismissal,
execution of a conciliation agreement, or issuance of a charge within one year
after the date on which the complaint was filed unless it is impracticable to
do so, in which case, the administrator shall notify the complainant, the
aggrieved person if different from the complainant, and the respondent, in
writing, of the reasons for the delay. (Ord. Nos. 13456; 14809; 20652; 20780;
30246)
SEC. 20A-8.   INVESTIGATION.
   (a)   Not more than 30 days after the filing of a complaint by an aggrieved
person or by the administrator, the administrator shall commence an
investigation of the complaint to determine whether there is reasonable cause
to believe a discriminatory housing practice was committed and the facts of the
discriminatory housing practice.
   (b)   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, in consultation with the city attorney, may, at the
administrator's discretion or at the request of the respondent, the
complainant, or the aggrieved person if different from the complainant, issue a
subpoena or subpoena duces tecum to compel the attendance of a witness or the
production of relevant materials or documents in accordance with Section
2-8 of
Chapter 2 of the city code. 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.
   (d)   An investigation shall remain open until a reasonable cause
determination is made under Section
20A-12, a conciliation agreement is executed and approved under Section
20A-10, or the complaint is dismissed under Section
20A-13. Unless impracticable to do so, the administrator shall complete the
investigation within 100 days after the date of filing of the complaint. If the
administrator is unable to complete the investigation within the 100-day
period, the administrator shall notify the complainant, the aggrieved party if
different from the complainant, and the respondent, in writing, of the reasons
for the delay.
   (e)   This section does not limit the authority of the administrator to
conduct such other investigations or to use such other enforcement procedures,
otherwise lawful, as the administrator considers necessary to enforce this
chapter.
   (f)   The administrator shall prepare a final investigative report showing:
      (1)   the names of and dates of contact with witnesses;
      (2)   a summary, including dates, of correspondence and other contacts
with the aggrieved person and the respondent;
      (3)   a summary description of other pertinent records;
      (4)   a summary of witness statements; and
      (5)   answers to interrogatories. (Ord. Nos. 13456; 14809; 20652; 20780;
32157)
SEC. 20A-9.   TEMPORARY OR PRELIMINARY RELIEF.
   (a)   If at any time following the filing of a complaint the administrator
concludes that prompt judicial action is necessary to carry out the purposes of
this chapter, the administrator may request the city attorney to initiate a
civil action in the state district court of Dallas County, Texas for
appropriate temporary or preliminary relief pending final disposition of the
complaint.
   (b)   On receipt of the administrator’s request, the city attorney shall
promptly file the action in the state district court. Venue is in Dallas
County, Texas.
   (c)   A temporary restraining order or other order granting preliminary or
temporary relief under this section is governed by the applicable Texas Rules
of Civil Procedure. (Ord. 20780)
SEC. 20A-10.   CONCILIATION.
   (a)   During the period beginning with the filing of a complaint and ending
with the issuance of a charge under Section
20A-12, the dismissal of the complaint under Section
20A-13, or the dismissal of the criminal action in municipal court, the
administrator shall try 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
aggrieved person’s rights and take action to assure the elimination of both
present and future discriminatory housing practices.
   (b)   If a conciliation agreement is executed under this section, a party to
the agreement may not be prosecuted in municipal court, nor may the
administrator issue a charge against a party, for the discriminatory housing
practice specified in the agreement under Subsection (d)(1) unless the
administrator determines that the agreement has been violated and notifies the
city attorney in writing of the violation.
   (c)   A conciliation agreement must be in writing in the form approved by
the city attorney and must be signed and verified by the respondent, the
complainant, and the aggrieved person if different from the complainant,
subject to approval of the administrator who shall indicate approval by signing
the agreement. A conciliation agreement that is not executed before the
expiration of 100 days after the date the complaint is filed must include the
approval of the city attorney. A conciliation agreement is executed upon its
signing and verification by all parties to the agreement.
   (d)   A conciliation agreement executed under this section must contain:
      (1)   an identification of the discriminatory housing practice and
corresponding respondent that gives rise to the conciliation agreement under
Subsection (a) and the identification of any other discriminatory housing
practice and respondent that the parties agree to make subject to the
limitation on prosecution in Subsection (b);
      (2)   an identification of the housing accommodation subject to the
conciliation agreement; and
      (3)   a statement that each party entering into the conciliation
agreement agrees:
         (A)   not to violate this chapter or the conciliation agreement; and
         (B)   that the respondent shall file with the administrator a periodic
activity report, in accordance with the following regulations, if the
discriminatory housing practice giving rise to the conciliation agreement under
Subsection (a) involves a respondent who engages in a business relating to
selling or renting housing accommodations; a housing accommodation occupied or
intended for occupancy on a rental or sale basis; or a violation of Section
20A-4(d):
            (i)   Unless the discriminatory housing practice involves a
violation of Section
20A-4(c)(1), the activity report must state, with respect to each person of the
specified class (the race, color, sex, religion, handicap, familial status,
national origin, or source of income alleged as the basis of discrimination in
the complaint on the discriminatory housing practice) who in person contacts a
party to the conciliation agreement concerning either sale, rental, or
financing of a housing accommodation or a business relating to selling or
renting housing accommodations, the name and address or telephone number of the
person, the date of each contact, and the result of each contact.
            (ii)   If the discriminatory housing practice involves a violation
of Section
20A-4(c)(1), the activity report must state the number and manner of
solicitations concerning housing accommodations made by the party and the
approximate boundaries of each neighborhood in which the solicitations are
made.
            (iii)   The party who prepares the activity report must sign and
verify the report.
            (iv)   An activity report must be filed each month on the date
specified in the conciliation agreement for a period of not less than three
months nor more than 36 months, as required by the conciliation agreement.
   (e)   In addition to the requirements of Subsection (d), a conciliation
agreement may include any other term or condition agreed to by the parties,
including, but not limited to:
      (1)   monetary relief in the form of damages, including humiliation and
embarrassment, and attorney fees; and
      (2)   equitable relief such as access to the housing accommodation at
issue, or to a comparable housing accommodation, and provision of services and
facilities in connection with a housing accommodation.
   (f)   Nothing said during the course of conciliation may be made public or
used as evidence in a subsequent proceeding under this chapter without the
written consent of any person concerned.
   (g)   A conciliation agreement shall be made public, unless the aggrieved
person and the respondent request nondisclosure and the administrator
determines that disclosure is not required to further the purposes of this
chapter. Notwithstanding a determination that disclosure of a conciliation
agreement is not required, the administrator may publish tabulated descriptions
of the results of all conciliation efforts.
   (h)   If the aggrieved person brings a civil action under a local, state, or
federal law seeking relief for the alleged discriminatory housing practice and
the trial in the action begins, the administrator shall terminate efforts to
conciliate the complaint unless the court specifically requests assistance from
the administrator. The administrator may also terminate efforts to conciliate
the complaint if:
      (1)   the respondent fails or refuses to confer with the administrator;
      (2)   the aggrieved person or the respondent fails to make a good faith
effort to resolve any dispute; or
      (3)   the administrator finds, for any reason, that voluntary agreement
is not likely to result. (Ord. Nos. 13456; 14809; 20652; 20780; 30246)
SEC. 20A-11.   VIOLATION OF CONCILIATION AGREEMENT.
   (a)   A person commits an offense if, after the person executes a
conciliation agreement under Section
20A-10, he violates any term or condition contained in the agreement.
   (b)   It is no defense to criminal prosecution in municipal court or to
civil action in state district court under this section that, with respect to a
discriminatory housing practice that gave rise to the conciliation agreement
under Section
20A-10:
      (1)   the respondent did not commit the discriminatory housing practice;
or
      (2)   the administrator did not have probable cause to believe the
discriminatory housing practice was committed.
   (c)   If the administrator determines that a conciliation agreement has been
violated, the administrator shall give written notice to all parties subject to
the agreement.
   (d)   When the administrator has reasonable cause to believe that a
respondent has breached a conciliation agreement, the administrator shall refer
the matter to the city attorney’s office with a recommendation that a civil
action be filed under Section
20A-14 for the enforcement of the agreement. The administrator shall also file
a criminal action in municipal court for a violation of the agreement. (Ord.
Nos. 13456; 14809; 20652; 20780)
SEC. 20A-12.   REASONABLE CAUSE DETERMINATION AND CHARGE.
   (a)   Upon notification by the administrator that a conciliation agreement
has not been executed by the complainant and the respondent and approved by the
administrator in accordance with Section
20A-10, the city attorney, within the time limits set forth in Subsection (b),
shall determine whether, based upon all facts known at the time of the
decision, reasonable cause exists to believe that a discriminatory housing
practice has occurred. In making the reasonable cause determination, the city
attorney shall consider whether the facts concerning the alleged discriminatory
housing practice are sufficient to warrant the initiation of a criminal action
in municipal court or a civil action in state district court.
   (b)   The city attorney shall make a reasonable cause determination within
100 days after the filing of a complaint unless it is impracticable to do so.
If the city attorney is unable to make the determination within the 100-day
period, the administrator shall notify the complainant, the aggrieved person if
different from the complainant, and the respondent, in writing, of the reasons
for the delay.
   (c)   Upon determination by the city attorney that reasonable cause exists
to believe that a discriminatory housing practice has occurred, the
administrator shall immediately issue a charge on behalf of the aggrieved
person. The administrator may also file a criminal action in municipal court.
Not more than 20 days after the administrator issues the charge, the
administrator shall notify the complainant, the aggrieved person if different
from the complainant, and the respondent, in writing, of the issuance of a
charge and include a copy of the charge.
   (d)   A charge issued by the administrator:
      (1)   shall consist of a short and plain written statement of the facts
upon which the city attorney has found reasonable cause to believe that a
discriminatory housing practice has occurred;
      (2)   shall be based on the final investigative report; and
      (3)   need not be limited to the facts or grounds alleged in the
complaint filed under Section
20A-7 of this chapter.
   (e)   If the city attorney determines that no reasonable cause exists to
believe that a discriminatory housing practice has occurred, the city attorney
shall issue to the administrator a short and plain written statement of the
facts upon which the city attorney based the no reasonable cause determination.
   (f)   The administrator may not issue a charge and the city attorney may not
bring or maintain a civil action in state district court for an alleged
discriminatory housing practice after the aggrieved person has brought a civil
action under local, state, or federal law seeking relief for the alleged
discriminatory housing practice and the trial in the action has begun. If a
charge may not be issued by the administrator or a civil action may not be
brought or maintained by the city attorney because of the trial of a civil
action brought by the aggrieved party, the administrator shall notify the
complainant, the aggrieved person if different from the complainant, and the
respondent, in writing. (Ord. Nos. 13456; 14809; 20652; 20780; 21055)
SEC. 20A-13.   DISMISSAL OF COMPLAINT.
   (a)   A complaint may be dismissed by the administrator:
      (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 discriminatory housing practice is
not within the city’s jurisdiction;
         (C)   the alleged discriminatory housing practice is not a violation
of this chapter;
         (D)   the complainant or aggrieved person refuses to cooperate with
the administrator in the investigation of the complaint or enforcement of the
executed conciliation agreement;
         (E)   the complainant, or the aggrieved person if different from the
complainant, cannot be located after the administrator has performed a
reasonable search; or
         (F)   a conciliation agreement has been executed by the respondent,
complainant, and aggrieved person if different from the complainant; or
      (2)   within 10 days after receipt of a statement of no reasonable cause
from the city attorney.
   (b)   A criminal action may be dismissed by a municipal judge upon motion of
the city attorney, if after the city attorney files the action charging a
respondent with a discriminatory housing practice, a conciliation agreement is
executed under Section
20A-10 before the trial begins in municipal court.
   (c)   The administrator shall notify the complainant, the aggrieved person
if different from the complainant, and the respondent of the dismissal of the
complaint, including a written statement of facts, and make public disclosure
of the dismissal by issuing a press release, unless the respondent requests
that no public disclosure be made. (Ord. Nos. 13456; 14809; 20652; 20780)
SEC. 20A-14.   CIVIL ACTION IN STATE DISTRICT COURT.
   (a)   If a respondent has been found by the administrator and the city
attorney to have breached an executed conciliation agreement or if the
administrator has issued a charge under Section
20A-12, the city attorney, upon the request of the administrator, shall
initiate and maintain a civil action on behalf of the aggrieved person in the
state district court seeking relief under this chapter.
   (b)   An aggrieved person may intervene in the action.
   (c)   If the court finds in the civil action that the conciliation agreement
has been violated or a discriminatory housing practice has occurred, the court
may award to the plaintiff:
      (1)   actual and punitive damages;
      (2)   civil penalties payable to the city for vindication of the public
interest in an amount that does not exceed:
         (A)   $10,000 if the respondent has not been adjudged by order of a
court to have committed a prior discriminatory housing practice;
         (B)   except as provided by Subparagraph (D) of this paragraph,
$25,000 if the respondent has been adjudged by order of a court to have
committed one other discriminatory housing practice during the five-year period
ending on the date of the filing of the charge; and
         (C)   except as provided by Subparagraph (D) of this paragraph,
$50,000 if the respondent has been adjudged by order of a court to have
committed two or more discriminatory housing practices during the seven-year
period ending on the date of the filing of the charge.
         (D)   If the acts constituting the discriminatory housing practice
that is the subject of the charge are committed by the same individual who has
been previously adjudged to have committed acts constituting a discriminatory
housing practice, the civil penalties in Subparagraphs (B) and (C) of this
paragraph may be imposed without regard to the period of time within which any
other discriminatory housing practice occurred;
      (3)   reasonable attorney’s fees;
      (4)   costs of court; and
      (5)   any permanent or temporary injunction, temporary restraining order,
or other order, including an order enjoining the defendant from engaging in the
discriminatory housing practice or ordering appropriate affirmative action.
   (d)   If actual damages are sought for the benefit of an aggrieved person
who does not intervene in the civil action, the court may not award the actual
damages if the aggrieved person has not complied with discovery orders entered
by the court.
   (e)   The city shall not be subject to orders for sanctions for the failure
of the complainant, if other than the administrator, or aggrieved person to
comply with discovery requests of the defendant or discovery orders of the
court.
   (f)   Any resolution of a charge before a final order is signed by the state
district court under this section requires the consent of the aggrieved person
on whose behalf the charge is issued. (Ord. Nos. 20780; 21055; 32157)
SEC. 20A-15.   ENFORCEMENT BY PRIVATE PERSONS.
   (a)   An aggrieved person may file a civil action in state district court
not later than two years after the occurrence or termination of an alleged
discriminatory housing practice or after the breach of a conciliation agreement
entered into under this chapter, whichever occurs last, to obtain appropriate
relief with respect to the discriminatory housing practice or the breach of the
conciliation agreement. Except for civil actions due to the breach of a
conciliation agreement, computation of the two-year period does not include any
time during which an administrative proceeding under this article was pending
with respect to a complaint or charge under this article based upon a
discriminatory housing practice.
   (b)   An aggrieved person may file an action under this section whether or
not a complaint has been filed under Section
20A-7 of this chapter and without regard to the status of any complaint filed
under Section
20A-7 of this chapter.
   (c)   An aggrieved person may not file an action under this section for an
alleged discriminatory housing practice that forms the basis of a charge issued
by the administrator if:
      (1)   the administrator has obtained a conciliation agreement with the
consent of the aggrieved person; or
      (2)   the city attorney has filed a civil action on the charge in state
district court on behalf of the aggrieved person.
   (d)   In an action under this section, if the court finds that a
discriminatory housing practice has occurred, the court may award to the
plaintiff:
      (1)   actual and punitive damages;
      (2)   reasonable attorney’s fees;
      (3)   court costs; and
      (4)   subject to Section 20(A)-16 of this chapter, any permanent or
temporary injunction, temporary restraining order, or other order, including an
order enjoining the defendant from engaging in the discriminatory housing
practice or ordering appropriate affirmative action.
   (e)   A court in a civil action brought under this section may award
reasonable attorney’s fees to the prevailing party and assess court costs
against the non- prevailing party. (Ord. Nos. 20780; 32157)
SEC. 20A-16.   EFFECT OF CIVIL ACTION ON CERTAIN CONTRACTS.
   Relief granted under Section
20A-14 or
20A-15 does not affect a contract, sale, encumbrance, or lease that:
      (1)   was consummated before the granting of the relief; and
      (2)   involved a bona fide purchaser, encumbrancer, or tenant who did not
have actual notice of the filing of a complaint under this chapter or a civil
action under Section
20A-17. (Ord. 20780)
SEC. 20A-17.   SERVICE OF NOTICE AND COMPUTATION OF TIME.
   (a)   For purposes of this chapter, any notice, paper, or document required
to be served on any person under this chapter may be served in person or by
United States mail to the person’s last known address.
   (b)   When service is by mail, three days will be added to the prescribed
time period allowed under this chapter for timely filing.
   (c)   Service is complete and time periods begin to run at the time the
required notice, paper, or document is delivered in person or deposited in a
United States postal receptacle. (Ord. 20780)
SEC. 20A-18.   ADDITIONAL REMEDIES.
   The procedures prescribed by this chapter do not constitute an
administrative prerequisite to another action or remedy available to the city
or to an aggrieved person under federal or state law. (Ord. Nos. 13456; 14809;
20652; 20780)
SEC. 20A-19.   EDUCATION AND PUBLIC INFORMATION.
   The administrator may conduct educational and public information activities
that are designed to promote the policy of this chapter. (Ord. Nos. 13456;
14809; 20652; 20780)
SEC. 20A-20.   EFFECT ON OTHER LAW.
   This ordinance does not affect any local, state, or federal restriction:
      (1)   on the maximum number of occupants permitted to occupy a dwelling
unit; or
      (2)   relating to health or safety standards. (Ord. 20780)
SEC. 20A-21.   CRIMINAL PENALTIES FOR VIOLATION.
   (a)   A person who violates a provision of Section
20A-4 or
20A-11 of this chapter commits a criminal offense. A person is guilty of a
separate criminal offense for each day or part of a day during which a
violation is committed, continued, or permitted.
   (b)   A criminal offense under this chapter is punishable in municipal court
by a fine of not less than $250 nor more than $500. (Ord. Nos. 20652; 20780)
ARTICLE II.
MIXED-INCOME HOUSING.
SEC. 20A-22.   PURPOSE.
   This article is adopted to implement the provisions and goals of the
comprehensive housing policy, affirmatively further fair housing, create and
maintain available and affordable housing throughout Dallas, promote greater
fair housing choices, and overcome patterns of segregation and concentrations
of poverty. (Ord. Nos. 31142; 32195)
SEC. 20A-23.   APPLICABILITY.
   This article applies to developments seeking a development bonus under
Division
51A-4.1100 and other properties enrolled in a mixed-income housing program.
(Ord. Nos. 31142; 32195)
SEC. 20A-23.1.   ALTERNATIVE METHODS OF PROVISION AND INCENTIVES.
   (a)   Alternative methods of provision. Developments seeking a bonus under
this article may:
      (1)   provide the required units on the same building site as the market
rate units;
      (2)   provide the units as part of a phased development as provided in
Section
51A-4.1105(e); or
      (3)   pay a fee in lieu of on-site or phased development.
   (b)   On-site provision and phased on-site provision. Units provided on-site
must comply with all requirements in Division
51A-4.1100  unless specifically exempted in the applicable zoning district.
   (c)   Fee in lieu. The requirement for reserved dwelling units may be
satisfied by making a payment to the city's Mixed Income Housing Development
Bonus Fund established by Resolution No. 22-0744.
      (1)   If the floor area devoted to non-residential uses is more than 20
percent of the total floor area, the fee is calculated by multiplying the
applicable per square foot amount in Section
20A-34 by the total floor area as floor area is defined in Section
51A-2.102(38); otherwise the fee is calculated by multiplying the applicable
per square foot amount in Section
20A-34 by the residential floor area as floor area is defined in Section
51A-2.102(38).
      (2)   The amount of the fee applies to each building using the bonus
separately and will vary by the number of stories in that building according to
Section
20A-34.
      (3)   After payment is received, the director shall issue a letter
confirming that the development has met the affordability requirements of
Division
51A-4.1100 to receive a mixed income housing development bonus. This letter
must be recorded and made a part of the deed records of the county or counties
in which the Property is located. The recorded letter will serve as the
restrictive covenant required in Section
51A-4.1105 and in this article.
      (4)   Compliance with Sections
20A-26,
20A-27,
20A-28,
20A-29, and
20A-31 is not required.
   (d)   Financial incentives.
      (1)   Developments that use the on-site or phased on-site provisions in
Section
51A-4.1105(e) may also qualify for financial incentives.
      (2)   Financial incentives are not available to developments that choose
the fee in lieu option. (Ord. 32195)
SEC. 20A-24.   DEFINITIONS AND INTERPRETATIONS.
   (a)   Definitions. In this article:
      (1)   AFFIRMATIVE FAIR HOUSING MARKETING PLAN means a marketing strategy
designed to attract renters of all majority and minority groups, regardless of
race, color, religion, sex, disability, familial status, national origin, or
source of income.
      (2)   AFFORDABLE RENT means: (i) a monthly rental housing payment, in
compliance with a rent and income schedule produced annually by the department,
or (ii) the voucher payment standard for voucher holders.
      (3)   ANNUAL INCOME has the definition assigned to that term in 24 CFR
§5.609, "Annual Income," as amended.
      (4)   APPLICANT means a household applying to lease a reserved dwelling
unit.
      (5)   AREA MEDIAN FAMILY INCOME ("AMFI") means the median income for the
Dallas, TX HUD Metro Fair Market Rent Area, adjusted for family size, as
determined annually by the Department of Housing and Urban Development.
      (6)   DEPARTMENT means the department of housing and neighborhood
revitalization.
      (7)   DEVELOPMENT means the structure or structures located on the
Property receiving a development bonus.
      (8)   DEVELOPMENT BONUS means yard, lot, and space bonuses that can be
obtained by meeting the requirements in this division and Chapter 51A.
      (9)   DEVELOPMENT BONUS RESTRICTIVE COVENANT means a covenant running
with the land that meets the requirements of this chapter.
      (10)   DIRECTOR means the director of the department of housing and
neighborhood revitalization and includes representatives, agents, or department
employees designated by the director.
      (11)   ELIGIBLE HOUSEHOLDS means households with an income within the
required income band or voucher holders regardless of income.
      (12)   FAMILY means family as defined in 24 CFR §5.403, "Definitions," as
amended.
      (13)   HANDBOOK means the HUD Handbook 4350.3: Occupancy Requirements of
Subsidized Multifamily Housing Programs, as periodically revised and published
by HUD.
      (14)   HUD means the United States Department of Housing and Urban
Development.
      (15)   INCOME means income as defined by 24 CFR §5.609, "Annual Income."
      (16)   INCOME BAND means the range of household adjusted incomes between
a pre- determined upper limit and a pre-determined lower limit generally stated
in terms of a percentage of area median family income adjusted for family size.
         (A)   INCOME BAND 1 means an income between 81 and 100 percent of
AMFI.
         (B)   INCOME BAND 2 means an income between 61 and 80 percent of AMFI.
         (C)   INCOME BAND 3 means an income between 51 and 60 percent of AMFI.
      (17)   MARKET VALUE ANALYSIS ("MVA") means the most recent official study
that was commissioned by and prepared for the city to assist residents and
policy-makers to understand the elements of their local residential real estate
markets.
      (18)   MIXED-INCOME HOUSING PROGRAM means a program administered by the
department in which each owner using a development bonus participates.
      (19)   MIXED-INCOME HOUSING RESTRICTIVE COVENANT means the instrument
securing the terms and enforcement of this division.
      (20)   OPTIONAL AMENITIES means services or features that are not
included in the monthly rent, including access to premium parking and concierge
services, among other services.
      (21)   OWNER means the entity or person who owns the development or
Property during the rental affordability period, including the owner's
employees, agents, or contractors.
      (22)   PROGRAM MANUAL means the guidebook published, maintained, and
updated by the department that includes specific guidance for program
implementation.
      (23)   PROPERTY means the land and all improvements as more particularly
described in the mixed-income restrictive covenant.
      (24)   RENTAL AFFORDABILITY PERIOD means the period that the reserved
dwelling units may only be leased to and occupied by eligible households.
      (25)   RESERVED DWELLING UNIT means the rental units in a development
available to be leased to and occupied by eligible households, or which are
currently leased to and occupied by eligible households and are leased at
affordable rental rates.
      (26)   UNIT TYPE means the kind of unit broken out by number of bedrooms
in the unit, or, if the unit is a specialty unit, a description of the type of
specialty unit, such as efficiency, one bedroom, two bedroom, loft, penthouse,
etc.
      (27)   VOUCHER HOLDER means a holder of a housing voucher, including
vouchers directly or indirectly funded by the federal, state, or local
government.
      (28)   VOUCHER PAYMENT STANDARD means the maximum monthly assistance
payment for a family assisted in the voucher program (before deducting the
total tenant payment by the family).
   (b)   Interpretations. For uses or terms found in Chapter 51, the
regulations in Section
51A-4.702  (a)(6)(C) apply in this division. (Ord. Nos. 31142; 32195)
SEC. 20A-25.   MARKET VALUE ANALYSIS CATEGORY AND RESERVED DWELLING UNIT
VERIFICATIONS.
   (a)   In general. An owner shall comply with this section before applying
for a construction permit. An owner shall:
      (1)   submit an application to the department detailing the proposed
project, which includes the following information:
         (A)   the legal description and address of the property;
         (B)   any restrictive covenants or contracts that will require the
owner to lease dwelling units at a specific rent for a specific term of years,
along with the number of units; and
         (C)   any other information determined by the director to be necessary
to aid in the determination of whether the owner is eligible to participate in
the mixed-income housing program;
      (2)   obtain a certified verification of the building site's market value
analysis ("MVA") category;
      (3)   sign a reserved dwelling unit verification form provided by the
department where the owner acknowledges receipt of information regarding the
minimum and maximum percentage of reserved dwelling units for that category,
states the intended pro-rata distribution of the reserved dwelling units, if
applicable, and provides any other pertinent information requested by the
director;
      (4)   acknowledge its intent to participate in the mixed income housing
development bonus program.
   (b)   Reserved dwelling unit verification. A development using a mixed-
income development bonus in Division
51A-4.1100  may reserve no more than 50 percent of the dwelling units in each
development for households at or below 80 percent of Area Median Family Income.
This maximum percentage of reserved dwelling units may be waived for
developments that are enrolled in a program administered by the department and
authorized by the city council that furthers the public purposes and goals of
the city's housing policy.
   (c)   Conflicts. In case of a conflict between the documents required in
this section and the requirements of:
      (1)   the base zoning district, the base zoning district controls; and
      (2)   the restrictive covenant, the restrictive covenant controls.
   (d)   Expiration of market value analysis category, reserved dwelling unit,
and participation verifications. Verifications expire one year after the date
of issuance if the owner has not filed a mixed-income restrictive covenant in
the real property records related to the property for which the verifications
were issued and made reasonable progress, as defined in Section 311.3 of
Chapter 52 of the Dallas City Code, on the Property that will be subject to the
mixed-income restrictive covenant. (Ord. Nos. 31142; 32195)
SEC. 20A-26.   MIXED-INCOME RESTRICTIVE COVENANT.
   (a)   In general. A mixed-income restrictive covenant must be executed and
recorded in accordance with this section on a form provided by the city. The
instrument must:
      (1)   be signed by all owners of the Property;
      (2)   be signed by all lienholders, other than taxing entities, having an
interest in the Property;
      (3)   contain a legal description of the Property;
      (4)   specify the number of any required reserved dwelling units and the
income band applicable to each unit;
      (5)   be a covenant running with the land;
      (6)   be for a term of 20 years with one-year automatic renewals (to
allow for periods of noncompliance until the full 20-year term is met) and it
is terminated by a subsequent written instrument;
      (7)   state that all signatories agree to defend, indemnify, and hold
harmless the City of Dallas from and against all claims or liabilities arising
out of or in connection with the instrument;
      (8)   state that it may only be amended or terminated by a subsequent
written instrument that is:
         (A)   signed by all owners of the Property and all lienholders, other
than taxing entities;
         (B)   approved by the director;
         (C)   approved as to form by the city attorney; and
         (D)   recorded and made a part of the deed records of the county or
counties in which the Property is located;
      (9)   state that the owner agrees to comply with all the requirements of
this article, including the submission of quarterly unit status reports,
maintaining the development in compliance with the city's health and safety
ordinances, full cooperation with any audits and inspections conducted pursuant
to the mixed-income housing program including providing access to all records
required to be maintained in accordance with this article and allowing the
physical inspection of the property, compliance with the city's Program Manual
maintained by the department, and continued compliance with maintenance of the
physical attributes of the property in accordance with this article;
      (10)   state that the owner agrees to maintain the property in compliance
with all federal, state, and local health and safety regulations;
      (11)   state that the owner agrees to notify the city within 30 days of
any change in ownership, default, foreclosure, or bankruptcy;
      (12)   state that it may be enforced by the City of Dallas;
      (13)   state that it shall be governed by the laws of the State of Texas;
and
      (14)   be approved by the director and be approved as to form by city
attorney.
   (b)   Commencement and termination of rental affordability period. The
rental affordability period begins on the date the first reserved dwelling unit
is occupied by an eligible household and continues until the expiration of the
term of years stated in the mixed-income restrictive covenant, unless the term
has been tolled and extended due to the owner's substantial noncompliance with
the mixed-income housing program.
   (c)   Instrument to be recorded. A true and correct copy of the fully
executed mixed-income restrictive covenant must be recorded in the deed records
of the county or counties in which the property is located. The instrument will
not be considered effective until it is recorded in the deed records in
accordance with this article and a recorded copy of the instrument is filed
with the director.
   (d)   Amendment of instrument. A recorded mixed-income restrictive covenant
may be amended to adjust the number of reserved dwelling units in a development
if the total number of dwelling units has changed. (Ord. Nos. 31142; 32195)
SEC. 20A-27.   ADMINISTRATION OF THE MIXED-INCOME HOUSING PROGRAM.
   (a)   Compliance. Except as provided in this article, the owner shall
provide reserved units and conduct eligibility determinations in accordance
with the handbook, 24 CFR Part 5, "General HUD Program Requirements; Waivers,"
and the department's program manual. Where the program manual provides specific
exceptions to the handbook or to 24 CFR Part 5, the program manual controls
with respect to the mixed income housing development bonus program.
   (b)   Exceptions. The following mandatory items in the handbook do not apply
to the mixed-income housing program:
      (1)   inquiries regarding or documentation of the immigration status of
an applicant or eligible household;
      (2)   use of HUD forms, unless specifically required in this division;
      (3)   compliance with HUD requirements that are specific to a HUD program
and are not generally-applicable; and
      (4)   use of the Enterprise Income Verification (EIV) system.
   (c)   Determination of family size. An owner shall use the broad definition
of family as defined in 24 CFR §5.403, "Definitions," and may not engage in any
discriminatory housing practices as defined in Section 20A-4 of this chapter.
   (d)   Rent and income limits. The department will annually publish rent and
income limits to be used in determining an applicant's eligibility to lease a
reserved dwelling unit or a household's eligibility to renew the lease on a
reserved dwelling unit. The department shall use the income limits published
annually by HUD for the Dallas, TX HUD Metro Fair Market Rent Area, adjusted
for family size, as the basis for the department's income limits and use the
nine percent housing tax credit limits published annually by the Texas
Department of Housing and Community Affairs as the rent limits.
   (e)   Income bands.
      (1)   An owner shall ensure that reserved dwelling units are only leased
to and occupied by eligible households in accordance with the development bonus
restrictive covenant.
      (2)   Eligible households making less than the minimum AMFI for a
particular income band, including voucher holders, may be counted for that
income band provided that they are charged an affordable rent.
   (f)   Affordable rents.
      (1)   An owner shall ensure that an affordable rent is charged to
eligible households occupying reserved dwelling units and shall re-certify
eligibility and rent annually.
      (2)   An owner shall provide a minimum of 30 days written notice to the
eligible household before a rent change. The notice must include a summary of
how the change was calculated.
      (3)   The affordable rent must include all monthly charges or fees that
are mandatory for all tenants but does not need to include charges or fees for
optional amenities. The owner may not impose expenses or fees that are
applicable only to reserved dwelling units.
   (g)   Annual certification of eligibility. An owner shall conduct an annual
certification of household income and composition for each eligible household
in accordance with the program manual.
      (1)   An owner shall not conduct a certification on less than an annual
basis unless requested to do so by an eligible household. An owner shall
conduct the interim certification in the same manner as conducting an annual
certification. An owner may charge a reasonable fee to cover the administrative
costs associated with conducting an interim certification.
      (2)   If an owner fails to complete the annual certification within 120
days of the lease anniversary date, the reserved dwelling unit will be
considered out of compliance and the mixed-income restrictive covenant term
will be extended for the period of non-compliance. The non-compliance can be
cured by completing the annual certification or designating another unit as a
reserved dwelling unit and leasing it to an eligible household.
   (h)   Additional requirements and prohibitions.
      (1)   The reserved dwelling unit for which an applicant is applying to
lease, or for which an eligible household leases, must be the applicant's or
eligible household's only residence.
      (2)   An owner may not allow an eligible household to sublease or
otherwise accept compensation for allowing a person or persons who are not
documented members of the eligible household, pursuant to the owner's lease
agreement with the eligible household, to occupy a reserved dwelling unit,
regardless of the terms or length of the occupancy.
      (3)   Any financial assistance that a student receives under the Higher
Education Act of 1965, from private sources, or from an institution of higher
education that is in excess of the amounts received for tuition shall be
included in annual income, except if the student will live with his or her
parents and his or her parents are voucher holders.
      (4)   The department shall conduct regular inspections and monitoring in
accordance with the published program manual.
(Ord. Nos. 31142; 32195)
SEC. 20A-28.   TENANT SELECTION AND OTHER WRITTEN POLICIES.
   (a)   Tenant selection and other policies must comply with the program
manual and:
      (1)   be reasonably related to the mixed-income housing program
eligibility criteria and the applicant's ability to perform the obligations of
the lease;
      (2)   prioritize holders of housing vouchers, including vouchers directly
or indirectly funded by the federal government, for lease and occupancy of
reserved units;
      (3)   provide for the selection of tenants from a written waiting list in
the chronological order of their application, insofar as is practicable;
      (4)   give prompt written notification to any rejected applicant stating
the grounds for the rejection; and
      (5)   be consistent with this article.
   (b)   Owners shall create the following written policies and retain written
records related to the following policies:
      (1)   reasonable accommodations;
      (2)   affirmative marketing;
      (3)   applicant screening criteria;
      (4)   tenant selection criteria;
      (5)   policies for opening and closing the waiting list;
      (6)   waiting list preferences, if any;
      (7)   procedures for rejecting ineligible tenants;
      (8)   occupancy standards;
      (9)   non-renewal and termination notices; and
      (10)   unit transfers. (Ord. Nos. 31142; 32195)
SEC. 20A-29.   [RESERVED.]
 
SEC. 20A-30.   NON-DISCRIMINATION.
   (a)   In general. Except as provided in this section, an owner receiving a
mixed income development bonus under Division
51A-4.1100  shall not discriminate against holders of housing vouchers,
including vouchers directly or indirectly funded by the federal government.
   (b)   Exception. It is a defense to criminal prosecution or civil action
under this section that at least the minimum required percentage of reserved
units are leased to eligible households and that all applicable requirements of
this article have been met. (Ord. Nos. 31142; 32195)
SEC. 20A-31.   COMPLIANCE, REPORTING, AND RECORDKEEPING.
   (a)   In general. An owner must comply with the city's mixed-income housing
program during the term of the mixed-income restrictive covenant.
   (b)   Use of forms. If the director publishes mandatory forms to be used in
the mixed-income housing program, which may be amended from time to time, the
owner shall use those forms. The director may also publish non-mandatory forms
that an owner may use.
   (c)   Management policies. An owner is responsible for ensuring that his or
her employees and agents, including third-party management companies, are aware
of and comply with the development bonus restrictive covenant and the mixed-
income housing program.
   (d)   Recordkeeping.
      (1)   An owner shall maintain documentation during the rental
affordability period including, but not limited to, applications, waitlists,
first-hand or third-party verification of income and assets, leases for
reserved dwelling units, and rents and any fees charged for reserved dwelling
units.
      (2)   An owner shall maintain all required documentation in the eligible
household's file on site at the development or maintain the documentation in an
electronic format as long as the documentation can be accessed by onsite
employees and provided in a timely fashion to the director upon request.
      (3)   An owner shall maintain documentation of all income verification
efforts and household composition reviews throughout the term of each eligible
household's tenancy and for at least three years after the eligible household
moves out.
   (e)   Quarterly status reports. An owner shall submit quarterly status
reports on a form provided by the director, as described below, in January,
April, July, and October on or before the 10th day of the month. The report
must include:
      (1)   the total number of dwelling units on the property;
      (2)   the total number of reserved dwelling units on the property;
      (3)   a list of all reserved dwelling units on the property, identified
by unit number and unit type;
      (4)   for each reserved dwelling unit:
         (A)   the applicable income bands;
         (B)   the current affordable rent, utility allowance, and any fees
charged;
         (C)   the occupancy status as of the last day of the previous month
for the reporting period. For example, the report due October 10th should
report occupancy as of September 30th of the same year;
         (D)   the income of the eligible household leasing and occupying the
unit; and
         (E)   the most recent eligibility date for the eligible household
leasing and occupying the unit;
      (5)   a signed statement by the owner acknowledging compliance with this
division;
      (6)   certification that the development:
         (A)   has maintained vendor registration with one or more local
providers of housing vouchers;
         (B)   has reported available units to one or more local providers of
housing vouchers each quarter; and
         (C)   that the development will pass the provider's required
inspections; and
      (7)   any other information requested by the director that is reasonably
related to the mixed-income housing program.
   (f)   First and final quarterly status reports. An owner shall submit:
      (1)   the first quarterly status report before the 10th day of the month
following the end of the first quarter in which the affordability period began;
and
      (2)   the final quarterly status report on the 20th anniversary of the
beginning of the rental affordability period, or a date determined by the
director due to the tolling of and extension of the rental affordability
period. The director shall verify that the owner has completed all applicable
requirements of this division. If all requirements are completed, the director
shall sign the submitted final quarterly status report before it is filed with
the building official.
   (g)   Affirmative fair housing marketing plan.
      (1)   In this subsection ADMINISTRATOR means the administrator of the
fair housing division of the office of equity and inclusion or its successor.
      (2)   Before an eligible household leases and occupies a reserved
dwelling unit, an owner shall create an affirmative fair housing marketing plan
and shall follow the affirmative fair housing marketing plan at all times
during the rental affordability period.
      (3)   The affirmative fair housing marketing plan shall be in writing and
shall be submitted to and receive written approval from the director at least
30 days before an owner starts marketing a unit in the property for initial
occupancy.
      (4)   The affirmative fair housing marketing plan must describe the
advertising, outreach, community contacts, and other marketing activities that
inform potential renters of the existence of the reserved dwelling units.
      (5)   The administrator shall approve or deny the affirmative fair
housing marketing plan within 60 days after a complete plan is submitted to the
director.
         (A)   Approval. The administrator shall approve the affirmative fair
housing marketing plan if it complies with the requirements of this division.
         (B)   Denial. The administrator shall deny the affirmative fair
housing marketing plan if it does not comply with this division. If the
administrator denies the affirmative fair housing marketing plan, he or she
shall state in writing the specific reasons for denial. If denied, the owner
shall immediately submit a new affirmative fair housing marketing plan.
   (h)   Audit and inspection.
      (1)   Any report, policy, or procedure that is required to be created and
maintained by this article may be reviewed and audited by the director. An
owner shall provide the director with all documentation necessary for the
director to verify the accuracy of the information included in the report,
policy, or procedure.
      (2)   The director may also randomly, regularly, and periodically select
a sample of tenants occupying reserved dwelling units for the purpose of income
verification. Any information received pursuant to this subsection is
confidential and may only be used for the purpose of verifying income to
determine eligibility for occupancy of the reserved dwelling units.
   (i)   Consent to substitute.
      (1)   For properties with three-bedroom or larger dwelling units, if an
owner cannot locate eligible households to lease three-bedroom or larger
dwelling units, and if the director is satisfied that the owner has made best
efforts to lease the three bedroom or larger dwelling units, if applicable,
including full compliance with the affirmative fair housing marketing plan,
with written consent from the director, an owner may from time to time
substitute on a two-for-one basis additional two bedroom dwelling units and/or
on a three-to-one basis additional one bedroom dwelling units to meet the pro
rata distribution requirements described in Section
51A-4.1106(f).
      (2)   Before granting written consent, the director shall review and
approve an amended affirmative fair housing marketing plan detailing how the
owner will target marketing to larger households who could qualify to lease the
three-bedroom dwelling units (and larger dwelling units, if applicable). The
director's written consent must include a time period during which the agreed-
upon substitutions satisfy the pro rata distribution requirements. (Ord. Nos.
31142; 32195)
SEC. 20A-32.   VIOLATIONS, CORRECTIVE ACTION PERIOD, AND PENALTY.
   (a)   In general. An owner who fails to take an action required by this
article or who takes an action prohibited by this division commits an offense.
   (b)   Form of notice. The director shall give an owner written notice any
time the director determines that an owner is not in compliance with the mixed-
income housing program or the mixed-income restrictive covenants.
   (c)   Corrective action period and extensions of mixed-income restrictive
covenants.
      (1)   For a violation other than a violation that poses an imminent
hazard or threat to health and safety, the director shall provide written
notice of a reasonable corrective action period for failure to file a quarterly
unit status report and a reasonable corrective action period for other
violations.
      (2)   During the corrective action period, an owner will have the
opportunity to show that either the owner or the property was never in
noncompliance or that the event of noncompliance has been corrected. Sufficient
documentation of correction must be received by the director during the
corrective action period for an event to be considered corrected during the
corrective action period.
      (3)   If an owner fails to resolve all violations of this article during
the corrective action period, the director may issue citations, seek relief
provided in the deed restrictions, extend the mixed-income restrictive
covenants term for the period equal to a term of non-compliance, and take any
other actions allowed by law. (Ord. Nos. 31142; 32195)
SEC. 20A-33.   MIXED INCOME HOUSING DEVELOPMENT BONUS FUND.
   (a)   Use. The mixed income housing development bonus fund may only be used
for the following purposes:
      (1)   Funding programs authorized by the comprehensive housing policy
that affirmatively further fair housing.
      (2)   Funding for data and analysis in support of housing programs
authorized by the comprehensive housing policy that affirmatively further fair
housing.
      (3)   Funding staff and expenses for management and administration of
mixed income housing development bonus program and the mixed income housing
development bonus fund.
   (b)   Administration. The mixed income housing development bonus fund will
be administered by the department. (Ord. 32195)
SEC. 20A-34.   FEES.
   (a)   Program participation fees.
      (1)   Effective until December 31. 2022. the following fees apply:
 
Program Participation Fees                                       Fee
Pre-application meeting                                          $92.00
Initial first year activities (including receiving a development
bonus, filing the mixed-income restrictive covenant, and initial $625.00
leasing.)
Compliance monitoring during affordability period                $3,736.0 0
 
      (2)   Effective January 1, 2023, the following fees apply:
 
Program Participation Fees                                              Fee
Pre-application meeting                                                 $1,390
Initial first year activities (including receiving a development bonus, $485
filing the mixed-income restrictive covenant, and initial leasing.)
Compliance monitoring during affordability period                       $11,082
 
   (b)   Fees in lieu of on-site provision of units.
 
Fees in Lieu of On-Site Provision
of Units
Fee to be multiplied by the       Fee MVA Categories A-F Fee MVA Categories G-I
square footage of floor area as
specified in Section
20A-23.1
Under six stories                 $3.07                  $2.15
Between six and eight stories     $4.91                  $3.44
Between nine and 12 stories       $6.14                  $4.30
Over 12 stories                   $7.98                  $5.59
 
Consumer Price Index adjustment. The fees in lieu will be increased yearly by a
percentage equal to the percentage change in the consumer price index
statistics published by the United States Bureau of Labor. Comparisons will be
made using the index entitled, "Housing in Dallas-Fort Worth-Arlington, TX, all
urban consumers, not seasonally adjusted," series ID CUURS37ASAH (1982-1984 =
100)," or similar comparable United States Bureau of Labor data on changes in
the cost of living, if the initial index is no longer published. Beginning
January 2023, the change will be determined by comparison of the figure for the
previous January with that of January of the current year. This calculation may
not reduce the fee in lieu below the listed amount for the preceding year.
(Ord. Nos. 31142; 32195; 32310)
CHAPTER 21
RESERVED
CHAPTER 22
RESERVED
   (Ord. 21310)
CHAPTER 23
RESERVED
   (Repealed by Ord. 21450)
CHAPTER 24
LIBRARY
ARTICLE I.
IN GENERAL.
Sec.
24-1.   “Public library” defined.
Sec.
24-2.   Failure to return library property.
Sec.
24-3.   Public library fees and charges.
Sec.
24-4.   Library fee amnesty periods.
Sec.
24-5.   Books from houses where there is contagious disease - Generally.
Sec.
24-6.   Same - Notice to be given by director of public health.
Sec.
24-6.1.   Penalty.
ARTICLE II.
MUNICIPAL LIBRARY BOARD.
Sec.
24-7.   Created.
Sec.
24-8.   Powers and duties.
ARTICLE III.
THE MUNICIPAL LIBRARY DEPARTMENT.
Sec.
24-9.   Created.
Sec.
24-10.   Library director - Office created; appointment.
Sec.
24-11.   Same - Powers and duties.
ARTICLE I.
IN GENERAL.
SEC. 24-1.   “PUBLIC LIBRARY” DEFINED.
   For the purpose of this chapter, the words "public library" shall mean the
public library of the city. (Ord. 31215)
SEC. 24-2.   FAILURE TO RETURN LIBRARY PROPERTY.
   A person commits an offense if he takes or borrows from the public library
any property, including, but not limited to, books, pamphlets, periodicals,
papers, and works of art, and fails to return the property to the public
library within 30 days after the date the property is due. (Code 1941, Art. 72-
2; Ord. Nos. 18093; 31215)
SEC. 24-3.   PUBLIC LIBRARY FEES AND CHARGES.
   (a)   A person who damages an item of library property shall reimburse the
public library the costs of repairing or rebinding the item.
   (b)   A person who loses or damages beyond repair an item of library
property shall pay an amount equal to the retail cost of replacing the item,
plus a reprocessing fee of $28. The retail cost and reprocessing fee for
replacement of a lost or damaged item may be waived if a person replaces the
lost or damaged item with a comparable item of equal or greater value.
   (c)   Nonresident user fees.
      (1)   Nonresidents of the city who use the public library shall pay a fee
of:
         (A)   $25 to borrow five items of library property;
         (B)   $60 to borrow 15 items of library property; and
         (C)   $250 to borrow unlimited items of library property during a 12-
consecutive-month period.
      (2)   The following nonresidents are exempt from the fees established by
this subsection:
         (A)   a city of Dallas employee;
         (B)   an active volunteer for the city of Dallas public library
system;
         (C)   all students or teachers in any educational institution located
in the city of Dallas;
         (D)   a person participating in the TexShare Card program, but only
for items and services covered by that program; and
         (E)   any other person exempted by city council resolution.
   (d)   Photograph reproduction fees.
      (1)   The fee for a digital reproduction of a photograph is $25 per image
for a one-time publication or website use in a single language in one country.
This fee does not include charges for broadcast or publishing copyright
permission.
      (2)   In addition to the fee required in Subsection (d)(1), the following
fees will be charged for for-profit broadcast or publishing copyright
permission based on usage:
         (A)   $50 per image for commercial exhibition.
         (B)   $200 per image for commercial reproduction or re-sale.
         (C)   $50 per image for a one-time print use in a single language
worldwide.
         (D)   $100 per image for a one-time print or electronic (e-book) use
in all languages worldwide.
         (E)   $100 per image for a one-country broadcast use in a single
language only.
         (F)   $150 per image for a world broadcast use in a single language
only.
         (G)   $300 per image for a world broadcast use in all languages.
      (3)   In addition to the fee required in Subsection (d)(1), the following
fees will be charged for non-profit broadcast or publishing copyright
permission based on usage:
         (A)   $25 per image for commercial exhibition.
         (B)   $100 per image for commercial reproduction or re-sale.
         (C)   $25 per image for a one-time print use in a single language
worldwide.
         (D)   $50 per image for a one-time print or electronic (ebook) use in
all languages worldwide.
         (E)   $50 per image for a one-country broadcast use in a single
language only.
         (F)   $75 per image for a world broadcast use in a single language
only.
         (G)   $150 per image for a world broadcast use in all languages.
      (4)   The total fee calculated under Subsections (d)(1), (d)(2), and (d)
(3) will be increased by:
         (A)   100 percent if a one- to five-day turn-around time is requested;
and
         (B)   50 percent if a six- to 10-day turn- around time is requested.
      (5)   The following additional fees for delivery and media will be
charged if required for an order:
         (A)   $3 for postage and handling.
         (B)   $3 for CD authoring.
   (e)   A person requesting research by a staff member of the public library
shall pay a fee of $17.50 per half hour, which fee will include up to four
photocopies. Additional photocopies may be purchased for $0.25 per page. Each
person making a request under this subsection will be limited to one hour of
research and 50 photocopies per month. The director may waive up to 25 percent
of the charges for research requested by a corporate member of the Friends of
the Dallas Public Library.
   (f)    The fee for a printout from an electronic database is $0.25 per page
for a black and white printout and $0.75 a page for a color printout.
   (g)   A fee of $20 will be charged for each public library account turned
over to a collection agency for the purpose of recovering any money or property
owed to the public library.
   (h)   A person making an interlibrary loan request shall pay a fee of $3 for
each item received from a library outside of the city of Dallas public library
system pursuant to the request. (Ord. Nos. 20612; 21431; 22206; 24411; 24929;
25048; 25754; 26598; 27353; 28792; 29149; 31215; 32020)
SEC. 24-4.   LIBRARY FEE AMNESTY PERIODS.
   (a)   The library director is authorized to administer two annual amnesty
periods during which the library, at the request of a library card holder, may
forgive some or all fees and charges accrued in accordance with Sections
24-3(a) and
24-3(b).
   (b)   The amnesty periods may not occur for longer than one month in
duration, and the library director shall not administer more than two amnesty
periods in any fiscal year. (Ord. 31215)
SEC. 24-5.   BOOKS FROM HOUSES WHERE THERE IS CONTAGIOUS DISEASE - GENERALLY.
   Every person in any house where there is a contagious or infectious disease
shall deliver to the director of public health, at such house, any book,
periodical or publication that he may have which belongs to the public library.
The director of public health shall at once cause such book, periodical or
publication to be disinfected and returned to the public library. (Code 1941,
Art. 72-5; Ord. 31215)
SEC. 24-6.   SAME - NOTICE TO BE GIVEN BY DIRECTOR OF PUBLIC HEALTH.
   It is hereby made the duty of the director of public health of the city,
whenever he finds that there is any contagious or infectious disease in any
house in the city, to at once give written notice of this fact to the librarian
of the public library. (Code 1941, Art. 72-4; Ord. 31215)
SEC. 24-6.1.   PENALTY.
   A person violating a provision of this article is guilty of a separate
offense for each day or part of a day during which the violation is committed,
continued, or permitted, and each offense is punishable by a fine not to exceed
$50. (Ord. Nos. 18093; 31215)
ARTICLE II.
MUNICIPAL LIBRARY BOARD.
SEC. 24-7.   CREATED.
   (a)   There is hereby created the municipal library board, which shall be an
advisory body to the library director. The board shall be composed of 15
members. Each city council member shall appoint one member to the board. The
mayor shall appoint the chair, and the full city council shall appoint the
vice-chair. Board members shall serve without pay and shall adopt rules and
regulations for the governing of their actions, proceedings, and deliberations
and set the time and place of their meetings.
   (b)   Board members must be residents of the city and shall be appointed for
a two-year term beginning on October 1 of each odd-numbered year. All members
shall serve until their successors are appointed and qualified. (Ord. Nos.
14165; 14942; 21153; 21514; 22414; 29645)
SEC. 24-8.   POWERS AND DUTIES.
   The municipal library board shall make recommendations to the city council,
city manager, and library director concerning:
      (1)   the operating policy of the library;
      (2)   long-range capital improvement planning and policy;
      (3)   the purchase of books, journals, and publications; and
      (4)   the display and exhibit of art objects, paintings, and other items
having cultural, historic, or artistic value to the community. (Ord. Nos.
14165; 22414)
ARTICLE III.
THE MUNICIPAL LIBRARY DEPARTMENT.
SEC. 24-9.   CREATED.
   There is hereby created the municipal library department, which shall be
under the direction of the city manager. (Ord. 14165)
SEC. 24-10.   LIBRARY DIRECTOR - OFFICE CREATED; APPOINTMENT.
   There is hereby created the office of library director who shall be
appointed by the city manager and shall be a person professionally competent by
experience and training to manage the municipal library department. (Ord.
14165)
SEC. 24-11.   SAME - POWERS AND DUTIES.
   The library director shall have the following duties:
   (a)   to adopt and enforce all necessary rules and regulations deemed
necessary for the administration, government, and protection of the libraries,
reading rooms, and all other library property;
   (b)   to cause to be purchased by the purchasing agent of the city, in the
manner provided by the charter and ordinances of the city, all books, journals,
publications, and other necessary personal property, including furniture,
appliances, and supplies for the operation of the public library and the
municipal library department;
   (c)   to select and engage a librarian and other assistants and employees as
may be necessary for the operation and maintenance of the libraries and public
reading rooms; and
   (d)   to provide for the sale, exchange, or other disposition of surplus
library material in accordance with Section
2-37.13 of this code. (Ord. Nos. 14165; 18623)
CHAPTER 25
LOAN BROKERS
ARTICLE I.
IN GENERAL.
Sec.
25-1.   Applicability of chapter.
Sec.
25-2.   Records to be kept; statements to borrower.
Sec.
25-3.   Communications with employer of borrower.
ARTICLE II.
LICENSES.
Sec.
25-4.   Applicability of article.
Sec.
25-5.   Required.
Sec.
25-6.   Application.
Sec.
25-7.   Separate application and license for each establishment.
Sec.
25-8.   Renewal of license.
Sec.
25-9.   Duty of licensee to pay taxes.
Sec.
25-10.   License to be posted in place of business.
Sec.
25-11.   Transfer and assignment.
Sec.
25-12.   Change of location.
Sec.
25-13.   Fee.
Sec.
25-14.   Revocation.
ARTICLE I.
IN GENERAL.
SEC. 25-1.   APPLICABILITY OF CHAPTER.
   This chapter shall not apply to any person doing business under and as
permitted by the laws of this state or the United States relating to banks,
savings banks, trust companies, building and loan companies, Morris Plan Banks,
licensed credit unions, licensed rural credit unions, agricultural and
livestock pools and farmers’ societies, nor shall it apply to pawnbrokers as
defined in this code. (Code 1941, Art. 73-8; Ord. 3484)
SEC. 25-2.   RECORDS TO BE KEPT; STATEMENTS TO BORROWER.
   Each holder of a license to lend money shall keep a complete set of records
showing a list of loans made, giving the name and address of the borrower, the
amount of cash actually loaned and the amount of principal and interest the
borrower agreed to pay, whether such transaction was an original lending or a
renewal of an existing loan, the amount of money paid to the licensee by the
borrower and how much payment was credited. Such books and records shall at all
reasonable times during business hours be subject to inspection by the city
manager and his duly authorized agents, but the city manager shall not be
required to divulge such information to members of the public. Any licensee,
upon request by any borrower from such licensee, shall be required to furnish
such borrower a true and correct copy of such borrower’s account with the
licensee, signed by the licensee or his duly authorized agent, setting forth
the following information:
   (a)   The name and address of the borrower.
   (b)   The amount of cash actually loaned.
   (c)   The amount of principal and interest the borrower agreed to pay.
   (d)   Whether such transaction was an original lending or a renewal of an
existing loan.
   (e)   The amount of money paid to the licensee by the borrower.
   (f)   How such payment was credited. (Code 1941, Art. 73-5; Ord. 5123)
SEC. 25-3.   COMMUNICATIONS WITH EMPLOYER OF BORROWER.
   No holder of a license to lend money, his agents, servants or employees,
shall communicate with the employer of any borrower relating to any loan made
by the licensee to the borrower with intent to harass or annoy the employer of
the borrower. (Code 1941, Art. 73-6)
ARTICLE II.
LICENSES.
SEC. 25-4.   APPLICABILITY OF ARTICLE.
   The provisions of this article shall apply to all persons engaged in the
business of lending money, whether with or without security, in amounts of $75
or less unless such persons are expressly excluded by the terms of this
article. Any person attempting to evade the provisions of this article by any
subterfuge, artifice or device shall be deemed guilty of a misdemeanor. (Ord.
3484)
SEC. 25-5.   REQUIRED.
   No person, either as principal or agent, representative, broker or trustee
of another, shall engage in the business of lending money in amounts of $75 or
less to any person within the city without first having obtained a license
therefor from the city and displaying such license as provided in this article.
The terms of this article shall also apply to any person who makes a loan in
excess of $75 and requires the loan to be repaid in less than three days from
the time of the actual making thereof. (Code 1941, Art. 73-1; Ord. 3484)
SEC. 25-6.   APPLICATION.
   Every person, before opening, maintaining or operating a business for the
lending of money, as described in Section
25-4, in the city, shall make application to the city manager for a license for
each such business maintained or operated by him, upon a blank to be furnished
by the city manager on a form prescribed by such officer, which shall include,
among other things, the full name and address of the applicant, both residence
and place of business, including the street and number, and if the applicant is
a partnership or association, the full name and address of every member
thereof, if a corporation, the name and address of each officer or director of
such corporation, if a trustee, the name and address of the cestui que trust,
and if an agent, representative or broker, the name and address of the client
or principal; also the name under which the business is to be conducted.
   Every such application for license shall be sworn to by the applicant. (Code
1941, Art. 73-2; Ord. 3484)
SEC. 25-7.   SEPARATE APPLICATION AND LICENSE FOR EACH ESTABLISHMENT.
   A separate license and application shall be required for each establishment,
office or place of business conducting a business of lending money as provided
in this article regardless of the ownership of such business. (Code 1941, Art.
73-2; Ord. 3484)
SEC. 25-8.   RENEWAL OF LICENSE.
   The application and the information required in the application for a
license required by this article as set out in Section
25-6 shall be furnished annually on each renewal of any such license. (Code
1941, Art. 73-2; Ord. 3484)
SEC. 25-9.   DUTY OF LICENSEE TO PAY TAXES.
   It shall be the duty of every licensee to pay all ad valorem taxes levied
and assessed by the city against such licensee, and the sufferance by any such
licensees of such ad valorem taxes to become delinquent shall constitute just
cause for the refusal to renew the license or for the revocation of the same.
(Ord. 3484)
SEC. 25-10.   LICENSE TO BE POSTED IN PLACE OF BUSINESS.
   Each license for a business of lending money shall state the address at
which the business is to be conducted and the name under which the business is
to be conducted. Such license shall be kept conspicuously posted in the place
of business of the licensee where it may be readily available for inspection by
the public. (Code 1941, Art. 73-3)
SEC. 25-11.   TRANSFER AND ASSIGNMENT.
   No license issued under the provisions of this article shall be transferable
or assignable but shall be valid only for the use of the licensee named
therein, nor shall any licensee maintain more than one place of business under
the same license; provided, however, that the city manager may issue more than
one license to the same licensee upon compliance with all the provisions of
this article governing an original issuance of a license. (Code 1941, Art. 73-
3)
SEC. 25-12.   CHANGE OF LOCATION.
   A license issued under the provisions of this article shall be valid only at
the address stated in such license; provided, however, that should a licensee
desire to change his place of business to another location, he shall give
written notice thereof to the city manager who shall attach to the license, in
writing, a record of the change and the date thereof, which record shall be
authority for the operation of such business under such license at such new
location. (Code 1941, Art. 73-3)
SEC. 25-13.   FEE.
   In order to defray part of the expense necessary to provide the
surveillance, supervision and inspection required under the terms of this
article, there is hereby levied a license fee of $50.00 per annum for each
business so operated, which fee shall be collected by the assessor and
collector of taxes from each applicant for each such license. Such license fee
shall be payable on an annual basis and shall be due and payable for any year
not later than the 10th day of January of each year, such fee to cover the
calendar year. If a license to operate any such business is granted during a
current year, the fee shall be made pro rata for the balance of the calendar
year on a basis of the number of months and fraction thereof remaining in said
calendar year, such pro rata rates to be figured from the first day of each
month. The license fee shall be paid to the assessor and collector of taxes of
the city after the applicant has filed the application provided for in Section
25-6 with the city manager and secured such license as provided for in Section
25-5. (Code 1941, Art. 73-4)
SEC. 25-14.   REVOCATION.
   Any license granted under the provisions of this article shall be subject to
revocation by the city council after due notice to the holder of such license
and hearing thereon upon proof of the violation of any of the provisions of
this article. (Code 1941, Art. 73-4)
CHAPTER 25A
MASSAGE ESTABLISHMENTS
Sec.
25A-1.   Definitions.
Sec.
25A-2.   License - Required.
Sec.
25A-3.   Same - Display.
Sec.
25A-4.   Same - Investigation of applicant.
Sec.
25A-5.   Same - Applicant to furnish names of employees and other information.
Sec.
25A-6.   Same - Fee; refund.
Sec.
25A-7.   Same - Refusal to issue or renew.
Sec.
25A-8.   Same - Revocation, suspension.
Sec.
25A-9.   Same - Appeal from refusal to grant or renew; from decision to revoke
or suspend.
Sec.
25A-10.   Hours of operation; living, etc., quarters therein prohibited.
Sec.
25A-11.   Inspection of massage establishments; examination of employees.
Sec.
25A-12.   List of employees.
Sec.
25A-13.   Operation in residential area prohibited.
Sec.
25A-14.   Sanitary requirements.
Sec.
25A-15.   Administering massage to person of opposite sex.
SEC. 25A-1.   DEFINITIONS.
   For the purpose of this chapter the following words and phrases shall have
the meanings respectively ascribed to them by this section:
   (a)   CHIEF OF POLICE means the chief of police of the city of Dallas, or
his duly authorized representative.
   (b)   DIRECTOR means the director of the department designated by the city
manager to enforce and administer this chapter or the director’s authorized
representative.
   (c)   MASSAGE means any process consisting of kneading, rubbing, or
otherwise manipulating the skin of the body of a human being, either with the
hand or by means of electrical instruments or apparatus, or other special
apparatus, but shall not include massage by duly licensed physicians and
chiropractors, and registered physical therapists who treat only patients
recommended by a licensed physician and who operate only under such physician’s
direction, nor massage of the face practiced by beauty parlors or barbershops
duly licensed under the penal code of the state.
   (d)   MASSAGE ESTABLISHMENT means any building, room, place or
establishment, other than a regularly licensed hospital, where manipulated
massage or manipulated exercises are practiced upon the human body by anyone
not a duly licensed physician or chiropractor whether with or without the use
of mechanical, therapeutic or bathing devices, and shall include Turkish
bathhouses. This term shall not include, however, duly licensed beauty parlors
or barbershops or a place wherein registered physical therapists treat only
patients recommended by a licensed physician and operate only under such
physician’s direction. (Ord. Nos. 13752; 15526; 17226)
SEC. 25A-2.   LICENSE - REQUIRED.
   It shall be unlawful for any person to operate a massage establishment
without first having obtained a license therefor from the assessor and
collector of taxes in accordance with the provisions of this chapter, or to
operate a massage establishment after such license has been revoked, or during
a period for which such license has been suspended. Such license shall be
issued only upon the payment of the fee specified in Section
25A-6 and upon the approval in writing of the director and the chief of police
upon the issuance of a certificate of occupancy from the building official.
Such license shall expire on the 31st day of December of each year. (Ord. Nos.
13752; 15526)
SEC. 25A-3.   SAME - DISPLAY.
   The license required by this chapter shall be posted and kept in some
conspicuous place in the massage establishment. (Ord. 13752)
SEC. 25A-4.   SAME - INVESTIGATION OF APPLICANT.
   After an application has been made for issuance of an original license or a
renewal of an existing license to operate a massage establishment as defined
herein, the chief of police, as the principal enforcement officer of this
chapter, shall determine whether the applicant has been finally convicted in
any court of theft, fornication, sodomy, procuring, pandering, keeping a bawdy
house, keeping an assignation house, engaging in prostitution or engaging in
assignation, or whether such establishment employs any person who has been
finally convicted in any court of theft, fornication, sodomy, procuring,
pandering, keeping a bawdy house, keeping an assignation house, engaging in
prostitution or engaging in assignation. (Ord. 13752)
SEC. 25A-5.   SAME - APPLICANT TO FURNISH NAMES OF EMPLOYEES AND OTHER
INFORMATION.
   At the time of making application for the license required by this chapter
the applicant shall furnish to the chief of police the names, addresses, race,
sex, date of birth, and telephone number of the applicant, his spouse and of
all employees of the massage establishment. (Ord. Nos. 13752; 15526)
SEC. 25A-6.   SAME - FEE; REFUND.
   The annual license fee shall be $200 for each such establishment. If the
license is obtained between January 1st and June 30th of any year, the full
amount of such fee shall be paid. If such license is obtained between July 1st
and December 31st of any year, the fee shall be one-half of such amount. No
refund of license fees shall be made. (Ord. Nos. 13752; 18411)
SEC. 25A-7.   SAME - REFUSAL TO ISSUE OR RENEW.
   The chief of police shall refuse to approve issuance or renewal of any
license required by this chapter to any applicant who has been finally
convicted in any court of theft, fornication, sodomy, procuring, pandering
keeping a bawdy house, keeping an assignation house, engaging in prostitution
or engaging in assignation; or to any applicant who employs in such
establishment any person who has been finally convicted of theft, fornication,
sodomy, procuring, pandering, keeping a bawdy house, keeping an assignation
house, engaging in prostitution or engaging in assignation. (Ord. 13752)
SEC. 25A-8.   SAME - REVOCATION, SUSPENSION.
   (a)   A license issued pursuant to this chapter shall be revoked upon final
conviction in any court of the holder of such license for the offense of theft,
fornication, sodomy, procuring, pandering, keeping a bawdy house, keeping an
assignation house, engaging in prostitution or engaging in assignation.
   (b)   A license issued pursuant to this chapter shall be suspended for a
period of not less than 30 days nor more than 90 days upon final conviction in
any court of the holder of such license for the operation of the massage
establishment in violation of any statute of this state, or any provision of
this code or other ordinance of the city of Dallas.
   (c)   Any license issued pursuant to this chapter shall be suspended for a
period of 90 days upon the final conviction in any court of any employee of
such massage establishment for the offense of theft, fornication, sodomy,
procuring, pandering, keeping a bawdy house, keeping an assignation house,
engaging in prostitution or engaging in assignation, or a violation of any
provision of this chapter.
   (d)   Written notice of such revocation or suspension shall be given by the
chief of police to the holder of such license at the holder’s last known
business address. (Ord. 13752)
SEC. 25A-9.   SAME - APPEAL FROM REFUSAL TO GRANT OR RENEW; FROM DECISION TO
REVOKE OR SUSPEND.
   In the event the chief of police shall refuse to approve the issuance of an
original license or the renewal of a license to any applicant, or revokes or
suspends the license issued to any license holder under this chapter, this
action shall be final unless the license holder files an appeal with a permit
and license appeal board in accordance with Section
2-96 of this code. (Ord. Nos. 13752; 18200)
SEC. 25A-10.   HOURS OF OPERATION; LIVING, ETC., QUARTERS THEREIN PROHIBITED.
   No massage establishment shall be kept open for any purpose between the
hours of 10:00 p.m. and 8:00 a.m., and no such establishment shall be operated
or conducted in connection either directly or indirectly, with any place used
for living or sleeping quarters. (Ord. 13752)
SEC. 25A-11.   INSPECTION OF MASSAGE ESTABLISHMENTS; EXAMINATION OF EMPLOYEES.
   (a)   The director shall be authorized to make or cause to be made
inspections to determine the condition of any massage establishment in order to
safeguard the health, safety, and welfare of the public and to make
examinations through the licensed physicians of the department as are necessary
to determine whether employees of the massage establishment are infected with
any infectious disease.
   (b)   If in the opinion of the director or his designated representative,
there is probable cause to enter a massage establishment for the purpose of
making inspections and examinations pursuant to this chapter, he shall request
the owner or occupant thereof to grant permission for such entry, and if
refused he shall make application to a magistrate for a search warrant, showing
said magistrate why such search warrant should be issued for the purpose
herein. (Ord. Nos. 13752; 15526)
SEC. 25A-12.   LIST OF EMPLOYEES.
   The manager or person in charge of a massage establishment shall keep a list
of the names and addresses of all employees, both on duty and off duty, and
such list shall be shown to all proper authorities of the police and health
departments upon request. (Ord. 13752)
SEC. 25A-13.   OPERATION IN RESIDENTIAL AREA PROHIBITED.
   It shall be unlawful for any massage establishment to be operated in any
section of the city which is zoned for residential purposes. (Ord. 13752)
SEC. 25A-14.   SANITARY REQUIREMENTS.
   (a)   It shall be the duty of every person conducting or operating a massage
establishment to keep the same at all times in a clean and sanitary condition.
All instruments and mechanical, therapeutic, and bathing devices or parts
thereof, that come into contact with the human body, shall be sterilized by a
modern and approved method of sterilization before initial use, and any such
instruments and devices, or parts thereof, after having been used upon one
patron, shall be sterilized before being used upon another. All towels and
linens furnished for use of one patron shall not be furnished for use of
another until thoroughly laundered.
   (b)   All masseurs and operators shall wash their hands thoroughly before
administering massage manipulations to each patron accommodated.
   (c)   No person suffering from a communicable disease shall work or be
employed in a massage establishment.
   (d)   No person shall be accommodated as a patron within a massage
establishment when to the knowledge of the owner, person in control, or an
employee, such person is suffering from a communicable disease. (Ord. 13752)
SEC. 25A-15.   ADMINISTERING MASSAGE TO PERSON OF OPPOSITE SEX.
   It shall be unlawful for any person to administer a massage as defined in
Section
25A-1 to any person of the opposite sex; provided, however, that this section
shall not apply to any person licensed or registered by the State of Texas as a
physician, chiropractor, physical therapist, nurse, massage therapist,
cosmetologist, or athletic trainer, or as a member of a similar profession
subject to state licensing or registration, while performing duties authorized
by the state license or registration. (Ord. Nos. 13752; 20210)
CHAPTER 26
RESERVED
   (Repealed by Ord. 21363)
CHAPTER 27
MINIMUM PROPERTY STANDARDS
ARTICLE I.
GENERAL PROVISIONS.
Sec.
27-1.   Legislative findings of fact.
Sec.
27-2.   Purpose of chapter.
Sec.
27-3.   Definitions.
Sec.
27-3.1.   Code enforcement official.
ARTICLE II.
ADMINISTRATION.
Sec.
27-4.   Violations; penalty.
Sec.
27-5.   Inspection.
Sec.
27-5.1.   Donation of noncomplying property to a nonprofit corporation.
Sec.
27-5.2.   Retaliation against tenants prohibited.
Sec.
27-6.   Reserved.
Sec.
27-7.   Reserved.
Sec.
27-8.   Reserved.
Sec.
27-9.   Reserved.
Sec.
27-10.   Reserved.
ARTICLE III.
MINIMUM STANDARDS.
Sec.
27-11.   Minimum property standards; responsibilities of owner.
Sec.
27-12.   Responsibilities of occupant.
ARTICLE IV.
VACATION, REDUCTION OF OCCUPANCY LOAD, AND SECURING OF STRUCTURES AND
RELOCATION OF OCCUPANTS.
Sec.
27-13.   Reserved.
Sec.
27-14.   Reserved.
Sec.
27-14.1.   Treatment for insects and rodents.
Sec.
27-14.2.   Reserved.
Sec.
27-14.3.   Reserved.
Sec.
27-15.   Occupancy limits.
Sec.
27-15.1.   Placarding of a structure by the director.
Sec.
27-16.   Securing of a structure by the director.
Sec.
27-16.1.   Reserved.
Sec.
27-16.2.   Reserved.
ARTICLE IV-a.
MUNICIPAL COURT JURISDICTION OVER URBAN NUISANCES.
Sec.
27-16.3.   Municipal court jurisdiction, powers, and duties relating to urban
nuisances.
Sec.
27-16.4.   Initiation of proceeding; petition requirements.
Sec.
27-16.5.   Notice of hearing before the municipal court.
Sec.
27-16.6.   Request for continuance of hearing.
Sec.
27-16.7.   Hearing procedures before the municipal court; court orders.
Sec.
27-16.8.   Noncompliance with court orders; civil penalties; liens.
Sec.
27-16.9.   Modification of court orders.
Sec.
27-16.10.   Appeal of court orders.
Sec.
27-16.11.   Miscellaneous notice provisions.
ARTICLE IV-b.
ADMINISTRATIVE ADJUDICATION PROCEDURE FOR PREMISES, PROPERTY, AND CERTAIN OTHER
VIOLATIONS.
Sec.
27-16.12.   Alternative administrative adjudication procedure.
Sec.
27-16.13.   Administrative citation.
Sec.
27-16.14.   Service of an administrative citation.
Sec.
27-16.15.   Answering an administrative citation.
Sec.
27-16.16.   Failure to appear at an administrative hearing.
Sec.
27-16.17.   Hearing officers; qualifications, powers, duties, and functions.
Sec.
27-16.18.   Hearing for disposition of an administrative citation; citation as
rebuttable proof of offense.
Sec.
27-16.19.   Financial inability to comply with an administrative order, pay for
transcription of a record, or post an appeal bond.
Sec.
27-16.20.   Appeal to municipal court.
Sec.
27-16.21.   Disposition of administrative penalties, fees, and court costs.
Sec.
27-16.22.   Dallas Tomorrow Fund.
Sec.
27-16.23.   Administration of the Dallas Tomorrow Fund.
ARTICLE V.
PUBLIC SAFETY NUISANCE.
Sec.
27-17.   Public safety nuisance.
Secs. 27-18 thru 27-23.   Reserved.
ARTICLE VI.
MASTER METERED UTILITIES.
Sec.
27-24.   Definitions.
Sec.
27-25.   Records of ownership and management maintained by utility companies.
Sec.
27-26.   Notice to tenants.
Sec.
27-27.   Notice of utility interruption.
Sec.
27-28.   Nonpayment of utility bills - Essential utility service.
ARTICLE VII.
REGISTRATION AND INSPECTION OF RENTAL PROPERTIES AND CONDOMINIUMS.
Sec.
27-29.   Authority of director.
Sec.
27-30.   Registration and posting requirements; defenses.
Sec.
27-31.   Registration; fees; renewal.
Sec.
27-32.   Registration application.
Sec.
27-33.   Review and acceptance of registration application.
Secs.
27-34 thru 27-37.   Reserved.
Sec.
27-38.   Registrant’s records.
Sec.
27-39.   Required emergency response.
Sec.
27-40.   Failure to pay ad valorem taxes.
Sec.
27-41.   Reserved.
Sec.
27-42.   Property inspections; inspection and reinspection fees; self-
certification process.
Sec.
27-42.1.   Revocation of certificate of occupancy.
Sec.
27-43.   Crime prevention addendum required.
Sec.
27-44.   Attendance at crime watch safety meetings.
Sec.
27-44.1.   Presumptions.
ARTICLE VIII.
HABITUAL CRIMINAL AND NUISANCE PROPERTIES.
Sec.
27-45.   Purpose.
Sec.
27-46.   Definitions.
Sec.
27-47.   Authority of the chief of police and director.
Sec.
27-48.   Presumptions.
Sec.
27-49.   Accord meeting.
Sec.
27-50.   Annual review.
Sec.
27-51.   Appeal from chief’s or director’s determination.
Sec.
27-52.   Placarding; conditions; inspections; notification to plan commission.
Sec.
27-53.   Fees.
Sec.
27-54.   Delivery of notices.
Secs.
27-55 thru 27-58.   Reserved.
ARTICLE IX.
RESERVED.
Secs.
27-59 thru 27-72.   Reserved.
ARTICLE I.
GENERAL PROVISIONS.
SEC. 27-1.   LEGISLATIVE FINDINGS OF FACT.
   There exists in the city of Dallas, Texas, structures used for human
habitation and nonresidential purposes that are substandard in structure and
maintenance. Furthermore, inadequate provision for light and air, insufficient
protection against fire, lack of proper heating, insanitary conditions, and
overcrowding constitute a menace to the health, safety, morals, welfare, and
reasonable comfort of the citizens of the city of Dallas. The existence of such
conditions will create slum and blighted areas requiring large scale clearance,
if not remedied. Furthermore, in the absence of corrective measures, such areas
will experience a deterioration of social values, a curtailment of investment
and tax revenue, and an impairment of economic values. The establishment and
maintenance of minimum structural and environmental standards are essential to
the prevention of blight and decay and the safeguarding of public health,
safety, morals, and welfare. (Ord. Nos. 15198; 19234)
SEC. 27-2.   PURPOSE OF CHAPTER.
   (a)   The purpose of this chapter is to protect the health, safety, morals,
and welfare of the citizens of the city of Dallas by establishing minimum
standards applicable to residential and nonresidential structures. Minimum
standards are established with respect to utilities, facilities, and other
physical components essential to make structures safe, sanitary, and fit for
human use and habitation.
   (b)   This chapter is found to be remedial and essential to the public
interest, and it is intended that this chapter be liberally construed to effect
its purpose. All structures within the city on the effective date of this
chapter, or constructed thereafter, must comply with the provisions of this
chapter. (Ord. Nos. 15198; 19234; 24961)
SEC. 27-3.   DEFINITIONS.
   In this chapter:
      (1)   BATHROOM means an enclosed space containing one or more bathtubs,
showers, or both, and which may also include toilets, lavatories, or fixtures
serving similar purposes.
      (2)   BUILDING means a structure for the support or shelter of any use or
occupancy.
      (3)   CITY ATTORNEY means the city attorney of the city of Dallas and
includes the assistants and other authorized representatives of the city
attorney.
      (4)   CONDOMINIUM has the meaning assigned in Chapter 82 of the Texas
Property Code, as amended.
      (5)   CONDOMINIUM ASSOCIATION means a corporation whose members are
condominium unit owners in a condominium and who are charged with governing,
operating, managing, or overseeing a condominium or its common elements.
      (6)   CONSTRUCTION CODES means the Dallas Building Code, Chapter 53 of
the Dallas City Code, as amended; Dallas Plumbing Code, Chapter 54 of the
Dallas City Code, as amended; Dallas Mechanical Code, Chapter 55 of the Dallas
City Code, as amended; Dallas Electrical Code, Chapter 56 of the Dallas City
Code, as amended; Dallas One- and Two-Family Dwelling Code, Chapter 57 of the
Dallas City Code, as amended; Dallas Existing Building Code, Chapter 58 of the
Dallas City Code, as amended; Dallas Fuel Gas Code, Chapter 59, Dallas Energy
Conservation Code; Chapter 60 of the Dallas City Code, as amended; Dallas Green
Construction Code, Chapter 61 of the Dallas City Code, as amended; Dallas Fire
Code, Chapter 16 of the Dallas City Code, as amended; and the Housing Standards
Manual, as amended.
      (7)   CRIME PREVENTION ADDENDUM means an addendum to a residential lease
or rental agreement for the use of a rental property as required by Section
27-43 of this chapter.
      (8)   DALLAS ANIMAL WELFARE FUND means the Dallas Animal Welfare Fund as
described in Section
7-8.4 of
Chapter 7 of this code.
      (9)   DEPARTMENT means the department designated by the city manager to
enforce and administer this chapter.
      (10)   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.
      (11)   DWELLING means a structure or building used, intended, or designed
to be used, rented, leased, let, or hired out to be occupied, or that is
occupied for living purposes.
      (12)   DWELLING UNIT has the definition given that term in Section
51A-2.102 of the Dallas Development Code, as amended.
      (13)   GRADED INSPECTION means an inspection of a rental property in
which the property is given a score by the director based on the number of code
violations found to exist on the premises.
      (14)   HABITABLE ROOM means a space in a building or structure for
living, sleeping, eating, or cooking. Bathrooms, toilet rooms, closets, halls,
storage and utility spaces, and other similar areas, are not considered
habitable rooms.
      (15)   HOUSING STANDARDS MANUAL means the manual by that title and which
is kept on file in the office of the city secretary.
      (16)   INFESTATION means the presence, within or contiguous to a
structure or premises, of insects, rodents, vectors, or other pests.
      (17)   KITCHEN means an area used, or designated to be used, for cooking
or preparation of food.
      (18)   LANDLORD has the same meaning as in Chapter 92 of the Texas
Property Code, as amended.
      (19)   MULTIFAMILY DWELLING means a multifamily use as defined in Section
51A-4.209(b)(5) of the Dallas Development Code, as amended, or, for purposes of
this chapter, three or more single dwelling units on the same premises and
which are under common ownership.
      (20)   MULTITENANT PROPERTY means property containing any of the
following uses:
         (A)   A multifamily dwelling as defined in this section.
         (B)   A lodging or boarding house as defined in Section
51A-4.205(2) of the Dallas Development Code, as amended.
         (C)   A group residential facility as defined in Section
51A-4.209(b)(3) of the Dallas Development Code, as amended.
         (D)   An extended stay hotel or motel as defined in Section
51A-4.205(1.1) of the Dallas Development Code, as amended.
         (E)   A residential hotel as defined in Section
51A-4.209(b)(5.1) of the Dallas Development Code, as amended.
      (21)   OCCUPANT means a person who has possessory rights to and is
actually in possession of a premise.
      (22)   OPEN AND VACANT STRUCTURE means a structure that is, regardless of
its structural condition:
         (A)   unoccupied by its owners, lessees, or other invitees; and
         (B)   unsecured from unauthorized entry to the extent that it could be
entered or used by vagrants or other uninvited persons as a place of harborage
or could be entered or used by children.
      (23)   OPERATING CONDITION means free of leaks, safe, sanitary,
structurally sound, and in good working order.
      (24)   OWNER means a person who has 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; or
         (B)   the owner's representative with control over the property.
      (25)   PERSON means any natural person, corporation, organization,
estate, trust, partnership, association, or other legal entity.
      (26)   PEST means an invertebrate animal that can cause disease or damage
to humans or building materials.
      (27)   PLUMBING FIXTURES means gas pipes, water pipes, toilets,
lavatories, urinals, sinks, laundry tubs, dishwashers, garbage disposal units,
clothes-washing machines, catch basins, wash basins, bathtubs, shower baths,
sewer pipes, sewage system, septic tanks, drains, vents, traps, and other fuel-
burning or water-using fixtures and appliances, together with all connections
to pipes.
      (28)   PREMISES or PROPERTY means a lot, plot, or parcel of land,
including any structures on the land.
      (29)   PROPERTY MANAGER means a person who, for compensation, has
managing control of real property, including an on-site manager of a building
or structure.
      (30)   PUBLIC SEWER means a sewer operated by a public authority or
public utility and available for public use.
      (31)   REGISTRANT means a person submitting a rental property
registration or renewal application or a person whose application the director
deems complete under
Article VII of this chapter.
      (32)   RENTAL PROPERTY means a multitenant property or a single dwelling
unit that is leased or rented to one or more persons other than the owner of
the property, regardless of whether the lease or rental agreement is oral or
written, or the compensation received by the lessor for the lease or rental of
the property is in the form of money, services, or any other thing of value.
      (33)   SANITARY means any condition of good order and cleanliness that
precludes the probability of disease transmission.
      (34)   SECURITY DEVICE has the definition given that term in Chapter 92
of the Texas Property Code, as amended.
      (35)   SHORT-TERM RENTAL has the definition given that term in Section
156.001(b) of the Texas Tax Code, as amended.
      (36)   SINGLE DWELLING UNIT means a single family or duplex, as defined
in the Dallas Development Code, as amended, or a condominium dwelling unit.
      (37)   SOLID WASTE means:
         (A)   industrial solid waste as defined in Section
18-2(22) of the Dallas City Code, as amended; or
         (B)   municipal solid waste as defined in Section
18-2(28) of the Dallas City Code, as amended.
      (38)   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.
      (39)   TOILET ROOM means a room containing a toilet or urinal but not a
bathtub or shower.
      (40)   URBAN NUISANCE means a premises or structure that:
         (A)   is dilapidated, substandard, or unfit for human habitation and a
hazard to the public health, safety, and welfare;
         (B)   regardless of its structural condition, is unoccupied by its
owners, lessees, or other invitees and is unsecured from unauthorized entry to
the extent that it could be entered or used by vagrants or other uninvited
persons as a place of harborage or could be entered or used by children; or
         (C)   boarded up, fenced, or otherwise secured in any manner if:
            (i)   the structure constitutes a danger to the public even though
secured from entry; or
            (ii)   the means used to secure the structure are inadequate to
prevent unauthorized entry or use of the structure in the manner described by
Paragraph (B) of this subsection.
      (41)   VECTOR means an insect or other animal that is capable of
transmitting a disease-producing organism.
      (42)   WORKMANLIKE means executed in a skilled manner, for example,
generally plumb, level, square, in line, undamaged, and without marring
adjacent work. (Ord. Nos. 15198; 15919; 16473; 17226; 19234; 19896; 22154;
24086; 24961; 25522; 26455; 27147; 27751; 29403; 30236)
SEC. 27-3.1.   CODE ENFORCEMENT OFFICIAL.
   (a)   The director, or a designated representative, shall serve as the code
enforcement official of the city.
   (b)   The code enforcement official has the power to render interpretations
of this chapter and to adopt and enforce rules and regulations supplemental to
this chapter as the code enforcement official deems necessary to clarify the
application of this chapter. Such interpretations, rules, and regulations must
be in conformity with the purpose of this chapter.
   (c)   The code enforcement official has the power to obtain:
      (1)   search warrants for the purpose of investigating a violation of a
health and safety or nuisance abatement, including an urban nuisance,
regulation, statute, or ordinance; and
      (2)   seizure warrants for the purpose of securing, removing, or
demolishing an offending property and removing the debris from the premises.
(Ord. Nos. 20433; 30236)
ARTICLE II.
ADMINISTRATION.
SEC. 27-4.   VIOLATIONS; PENALTY.
   (a)   A person who violates a provision of this chapter, or who fails to
perform an act required of him by this chapter, commits an offense. A person
commits a separate offense each 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; except, that an offense under Section
27-5.2 and
27-25 of this chapter is punishable by a fine not to exceed $500.
      (2)   An offense under this chapter is punishable by a fine of not less
than:
         (A)   $150 for a first conviction of a violation of Section
27-11(c)(1), (c)(2), or (c)(6); Section
27-11(d)(2), (d)(3)(A), (d)(4), (d)(5), (d)(6), (d)(7), (d)(9)(A), (d)(9)(C),
(d)(9)(D), (d)(10)(A), (d)(11), (d)(13), (d)(15)(A), or (d)(16)(C); Section
27-11(e)(1)(B), (e)(1)(C), or (e)(3); Section
27-11(f)(1)(A), (f)(1)(B), (f)(3)(C), (f)(3)(F), or (f)(4)(C); Section
27-11(g)(5); Section
27-11(i)(1)(B), (i)(3), (i)(4)(i), (i)(4)(ii), (i)(4)(iii), (i)(6)(A), or (i)
(6)(B); Section
27-11(j); Section
27-12(1), (2), (3), or (5); and
         (B)   $500 for a first conviction of a violation of Section
27-11(d)(1), (d)(9)(B), (d)(12), (d)(14)(A), (d)(14)(B), (d)(15)(B), (d)(15)
(C), (d)(16)(A), or (d)(16)(B); Section
27-11(e)(1)(A) or (e)(2)(A); Section
27-11(f)(2), (f)(3)(A), (f)(3)(B), (f)(3)(D), (f)(3)(E), (f)(3)(G), (f)(4)(A),
(f)(4)(B), (f)(4)(D), (f)(4)(E) or (f)(4)(F); Section
27-11(g)(1) or (g)(2); Section
27-11(h)(1)(A), (h)(2), or (h)(5); or Section
27-15.1(c).
      (3)   The minimum fines 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)   In addition to imposing the criminal penalty prescribed in Subsection
(b) or exercising the other remedies provided by this chapter, the city may, in
accordance with Chapter 54, Subchapter B of the Texas Local Government Code, as
amended, 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 not to exceed $1,000 for each day during which the violation is
committed, continued, or permitted.
   (e)   The penalties provided for in Subsections (b), (d), and (h) are in
addition to any other enforcement remedies that the city may have under city
ordinances and state law.
   (f)   The director has the authority to enforce provisions of
Chapter 7A and
Article II,
Chapter 18 of this code.
   (g)   A person is criminally responsible for a violation of this chapter if:
      (1)   the person commits the violation or assists in the commission of
the violation; or
      (2)   the person is an owner of the property and, either personally or
through an employee or agent, allows the violation to exist.
   (h)   For purposes of Subsection (g), an employee of the owner of real
property that is a single dwelling unit rental property, or has been issued a
certificate of occupancy or received final approval from the building official
with respect to improvements on the property, is not personally liable for a
violation of this chapter if, not later than the fifth calendar day after the
date the citation is issued, the employee provides the property owner's name,
current street address, and current telephone number to the enforcement
official who issues the citation or to the director.
   (i)   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 this chapter, as authorized by Section 54.044 of the Texas
Local Government Code, as amended, 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). (Ord. Nos. 19234; 19896;
20017; 20599; 22695; 24457; 25522; 25927; 26455; 26955; 27458; 27751; 30236)
SEC. 27-5.   INSPECTION.
   (a)   For the purpose of ascertaining whether violations of this chapter or
other city ordinances exist, the director is authorized, at a reasonable time,
to inspect:
      (1)   the exterior of a structure and premises that do not contain a
structure; and
      (2)   the interior of a structure, if the owner, occupant, or person in
control gives his permission to the director.
   (b)   Nothing in this section limits the director's ability to seek and
obtain an administrative search warrant authorizing an interior or exterior
inspection of a structure or a vacant premises. (Ord. Nos. 15198; 19234; 25522;
26455; 30236)
SEC. 27-5.1.   DONATION OF NONCOMPLYING PROPERTY TO A NONPROFIT CORPORATION.
   (a)   A judge of the municipal court may dismiss one or more citations of a
property owner who is charged with violating this chapter, if the property
owner donates the property, for which the citations have been issued, to a
nonprofit corporation selected by the city.
   (b)   The city is authorized to contract with a nonprofit corporation for
the acceptance of property donated pursuant to Subsection (a) of this section.
The terms of the contract must provide that the nonprofit corporation will:
      (1)   within 90 days from the date of acceptance of the donated property,
bring the property into compliance with this chapter, including, but not
limited to, providing all necessary cleanup, maintenance, repairs, and
alterations; and
      (2)   within 120 days from the date of acceptance of the donated
property, sell the property directly to an occupant owner or rent the property
directly to an occupant tenant. (Ord. Nos. 19234; 19896; 21973; 26455)
SEC. 27-5.2.   RETALIATION AGAINST TENANTS PROHIBITED.
   (a)   A landlord commits an offense if he raises a tenant’s rent, diminishes
services to a tenant, or attempts eviction of a tenant within six months after:
      (1)   the tenant files a valid complaint with the director complaining of
a violation of this chapter on property occupied by the tenant; a complaint is
considered valid if it results in an action described in Paragraph (2), (3), or
(4) of this subsection;
      (2)   the director issues to the landlord or the landlord’s agent a
written notice or citation listing any violation of this chapter that exists on
property occupied by the tenant;
      (3)   the city attorney files an action under
Article IV-a of this chapter or under Chapter 54, 211, or 214 of the Texas
Local Government Code relating to any violation of this chapter that exists on
property occupied by the tenant;
      (4)   the tenant, after filing a complaint with the director and the
landlord or the landlord’s agent, files a written complaint with the city
attorney complaining of a violation of this chapter on property occupied by the
tenant, unless the complaint is later withdrawn by the tenant or dismissed on
the merits; or
      (5)   repairs are completed on property occupied by the tenant in
compliance with either a written notice or citation issued by the director or a
court order.
   (b)   It is a defense to prosecution under Subsection (a) that:
      (1)   rent was increased pursuant to an escalation clause in a written
lease which provided for changes in costs of utilities, taxes, and insurance;
      (2)   rent was increased, services were reduced, or notices to vacate
were issued as part of a pattern of rent increases, service reductions, or
evictions for an entire multidwelling project;
      (3)   the tenant was delinquent in rent when the landlord gave notice to
vacate or filed an eviction action;
      (4)   the tenant was responsible for or caused a violation of this
chapter that existed on property occupied by the tenant;
      (5)   the tenant’s written lease fixing the rent, services, or term of
occupancy had expired, unless, at the time an action described in Subsection
(a)(1), (2), or (3) occurred, a violation of this chapter that was reasonably
dangerous to the physical health or safety of the tenant or another person
existed on property occupied by the tenant;
      (6)   the tenant holds over after giving notice of termination or intent
to vacate;
      (7)   the tenant holds over after the landlord gives notice of
termination at the end of the rental term and, at the time the notice of
termination was given, the landlord or the landlord’s agent had not received
actual notice that a valid complaint had been filed with the city complaining
of violations of this chapter on property occupied by the tenant;
      (8)   before filing a complaint with the city complaining of a violation
of this chapter on property occupied by the tenant, other than a violation that
is reasonably dangerous to the physical health or safety of the tenant or
another person, the tenant fails to comply with a written lease provision
requiring the tenant to:
         (A)   notify the landlord or the landlord’s agent, in writing, of the
violation; and
         (B)   allow the landlord 15 days to correct the violation; or
      (9)   the landlord proves that the rent increase, service reduction, or
attempted eviction was for good cause and not for purposes of retaliation
against the tenant.
   (c)   An offense under this section may be prosecuted upon the filing of a
written complaint by the tenant with the city attorney. (Ord. Nos. 20017;
26455)
SEC. 27-6.   RESERVED.
   (Repealed by Ord. 26455)
SEC. 27-7.   RESERVED.
   (Repealed by Ord. 26455)
SEC. 27-8.   RESERVED.
   (Repealed by Ord. 26455)
SEC. 27-9.   RESERVED.
   (Repealed by Ord. 26455)
SEC. 27-10.   RESERVED.
   (Repealed by Ord. 24457)
ARTICLE III.
MINIMUM STANDARDS.
SEC. 27-11.   MINIMUM PROPERTY STANDARDS; RESPONSIBILITIES OF OWNER.
   (a)   In general.
      (1)   The regulations in this article are minimum property standards for
vacant and occupied buildings, properties, and structures. In addition to the
minimum property standards, all buildings, properties, and structures must
comply with all federal, state, and local laws and regulations, including the
construction codes.
      (2)   The minimum property standards are intended to complement existing
laws and regulations. If any provision of this chapter is less restrictive than
another applicable law or regulation, the more restrictive law or regulation
shall apply.
      (3)   An owner who enters into a written lease shall, upon the occupant's
request, provide the occupant with a written lease in the occupant's primary
language, if the primary language is English, Spanish, or Vietnamese.
   (b)   Repairs. All repairs required by this section must be performed in a
workmanlike manner and in accordance with all applicable federal, state, and
local laws, rules, and regulations, including the construction codes.
   (c)   Property standards. An owner shall:
      (1)   maintain his or her premises in operating condition without any
holes, excavations, or sharp protrusions, and without any other object or
condition that exists on the land and is reasonably capable of causing injury
to a person;
      (2)   securely cover or close any wells, cesspools, or cisterns;
      (3)   provide solid waste receptacles or containers when required by
Chapter 18 of this code, as amended;
      (4)   provide drainage to prevent standing water and flooding on the
land;
      (5)   remove dead trees and tree limbs that are reasonably capable of
causing injury to a person;
      (6)   keep the doors and windows of a vacant structure or vacant portion
of a structure securely closed to prevent unauthorized entry; and
      (7)   protect, by periodic application of paint or other weather-coating
materials, any exposed metal or wood surfaces from the elements and against
decay or rust.
   (d)   Structural and material standards.
      (1)   In general. An owner shall maintain structural members free from
deterioration so that they are capable of safely supporting imposed dead and
live loads.
      (2)   Construction materials. An owner shall maintain building and
structural materials, including wood, gypsum products, glass, fiberglass,
paper, canvas, fabric, plastic, vinyl, masonry, ceramic, plaster, brick, rock,
stucco, slate, concrete, asphalt, tin, copper, steel, iron, aluminum, and other
metals, in operating condition.
      (3)   Roofs. An owner shall:
         (A)   maintain roofs in operating condition, free from leaks, holes,
charred or deteriorated roofing materials, rotted wood, and other unsafe
conditions; and
         (B)   maintain gutters and downspouts, if any, in operating condition
and securely fastened.
      (4)   Chimneys and towers. An owner shall maintain chimneys, cooling
towers, smoke stacks, and similar appurtenances in operating condition.
      (5)   Foundations. An owner shall maintain foundations and foundation
components in operating condition, and keep all foundation components securely
fastened.
      (6)   Floors. An owner shall maintain all flooring in operating
condition, free from holes, cracks, decay, and trip hazards.
      (7)   Shower enclosures. An owner shall maintain shower enclosure floors
and walls in operating condition, free of holes, cracks, breaches, decay, rust,
and rot.
      (8)   Countertops and backsplashes. An owner shall maintain kitchen and
bathroom countertops and backsplashes surrounding kitchen sinks and lavatory
sinks in operating condition free of decay, rust, and rot.
      (9)   Interior walls, ceilings, and surfaces; doors. An owner shall:
         (A)   maintain all interior walls and ceilings in operating condition;
         (B)   keep all interior walls and ceilings securely fastened to
eliminate collapse hazards;
         (C)   maintain all interior surfaces, including windows and doors, in
operating condition;
         (D)   repair, remove, or cover all peeling, chipping, flaking, or
abraded paint; and
         (E)   repair all cracked or loose plaster, wood, or other defective
surface conditions.
      (10)   Exterior windows and skylights. An owner shall maintain the glass
surfaces of exterior windows and skylights so that they are weather tight and
in operating condition.
      (11)   Exterior doors. An owner shall maintain exterior doors so that
they are weather tight and in operating condition.
      (12)   Security devices. An owner shall maintain any bars, grilles,
grates, and security devices in operating condition.
      (13)   Ventilation. An owner shall maintain all natural and mechanical
ventilation in habitable rooms in operating condition.
      (14)   Balconies, landings, porches, decks, and walkways. An owner shall
maintain:
         (A)   all balconies, landings, porches, decks, and walkways in
operating condition and securely fastened;
         (B)   support posts, columns, and canopies in operating condition,
securely fastened and anchored.
      (15)   Handrails and guardrails. An owner shall maintain all handrails
and guardrails:
         (A)   in operating condition and securely fastened and anchored; and
         (B)   so that they are capable of safely supporting imposed dead and
live loads.
      (16)   Steps and stairways. An owner shall:
         (A)   maintain steps and stairways in operating condition, securely
fastened and anchored, and free from trip hazards;
         (B)   maintain steps and stairways so that they are capable of safely
supporting imposed dead and live loads; and
         (C)   seal any cracks or breaches in lightweight concrete steps,
balconies, and walkways.
      (17)   Fencing, retaining walls, and barriers. An owner shall:
         (A)   maintain all fences, retaining walls, decorative walls, and
barriers in operating condition, and in accordance with the Dallas Development
Code, as amended. This requirement applies to a masonry wall only if the
masonry wall encloses:
            (i)   a multitenant property; or
            (ii)   a single-family or duplex property where the wall is not
shared with another property;
         (B)   repair or replace rotted, missing, fire-damaged, or broken
wooden slots and support posts;
         (C)   repair or replace broken, missing, or bent metal posts and torn,
cut, bent, or ripped metal fencing materials; and
            (i)   encloses a multitenant property or a single-family property
or duplex, or
            (ii)   serves as a retaining wall.
   (e)   Utility and appliance standards.
      (1)   Air conditioning.
         (A)   An owner shall:
            (i)   provide, and maintain, in operating condition, refrigerated
air equipment capable of maintaining a room temperature of at least 15 degrees
cooler than the outside temperature, but in no event higher than 85° F. in each
habitable room;
            (ii)   maintain all fixed air conditioning systems, including air
conditioning unit covers, panels, conduits, and disconnects, in operating
condition, properly attached; and
            (iii)   install window-mounted air conditioning units, if provided,
in compliance with the construction codes.
         (B)   It is a defense to prosecution under this paragraph that at
least one habitable room is 85° F. at a point three feet above the floor and
two feet from exterior walls if the outside temperature is over 110° F.
      (2)   Heating.
         (A)   An owner shall:
            (i)   provide, and maintain, in operating condition, heating
facilities capable of maintaining a room temperature of at least 15 degrees
warmer than the outside temperature, but in no event lower than 68° F. in each
habitable room; and
            (ii)   if provided, maintain, in operating condition, heating
facilities in buildings or structures other than dwelling units.
         (B)   It is a defense to prosecution under this paragraph that at
least one habitable room is 68° F. at a point three feet above the floor and
two feet from exterior walls if the outside temperature is under 40° F.
      (3)   Appliances. If appliances are provided in a rental dwelling unit,
the owner shall maintain those appliances, including portable heating units,
portable air conditioning units, cook stoves, refrigerators, dishwashers,
garbage disposals, ventilation hoods, washing machines, and clothes dryers, and
appliance connections, in operating condition.
   (f)   Plumbing standards.
      (1)   Plumbing systems. An owner shall maintain:
         (A)   all plumbing pipes, fittings, and valves necessary to supply and
conduct natural fuel gases, sanitary drainage, storm drainage, or potable water
in operating condition; and
         (B)   all plumbing fixtures free of cross-connections and conditions
that permit backflow into the potable water supply.
      (2)   Fuel gas distribution systems. An owner shall maintain distribution
systems that carry fuel gas or liquefied petroleum gas in leak-free condition
in accordance with the construction codes. If such a distribution system has
been compromised, an owner shall have the system pressure-tested and repaired
in accordance with the Dallas Fuel Gas Code, Chapter 60 of the Dallas City
Code, as amended.
      (3)   Plumbing fixtures. An owner shall:
         (A)   provide each dwelling unit with:
            (i)   a kitchen equipped with a kitchen sink; and
            (ii)   a minimum of one toilet; a lavatory sink; and either a
bathtub or shower, or a combination of bathtub and shower;
         (B)   keep all plumbing fixtures connected to an approved potable
water supply system;
         (C)   connect and maintain all plumbing fixtures in operating
condition;
         (D)   equip toilets and urinals with cold potable water under pressure
necessary for safe and sanitary operation;
         (E)   keep all plumbing fixtures connected to a public sewer system or
to an approved private sewage disposal system;
         (F)   maintain all piping distribution systems in operating condition,
and eliminate all unsafe, unsanitary, and inoperable conditions in such
distribution systems; and
         (G)   cap each sewer clean-out opening with an approved plug, except
when the sewer line is being serviced.
      (4)   Water heating equipment. An owner shall:
         (A)   maintain all water heating equipment, including existing fuel-
fired water heaters, in operating condition;
         (B)   maintain all water heating equipment with a pressure relief
valve with an approved drain line;
         (C)   provide and maintain, in operating condition, water heating
equipment that supplies hot water at a minimum temperature of 110° F., measured
at the water outlet, to every required plumbing fixture;
         (D)   vent all fuel-fired water heating equipment as required by the
construction codes; and
         (E)   maintain boilers and central heating plants in operating
condition.
   (g)   Electrical standards. An owner shall:
      (1)   maintain all electrical equipment and materials in operating
condition;
      (2)   maintain electrical circuits and outlets sufficient to safely carry
a load imposed by normal use of appliances, equipment, and fixtures, and
maintain them in operating condition;
      (3)   maintain in each habitable room, bathroom, hallway, and stairway of
a dwelling unit at least one electric lighting outlet, and the electric
lighting outlet must be controlled by a wall switch, unless a wall switch is
not required by the construction codes;
      (4)   maintain all electric light fixtures located adjacent to exterior
doors of all buildings or structures in operating condition; and
      (5)   use extension cords and flexible cords in accordance with the
construction codes, and not as substitutes for permanent wiring.
   (h)   Lighting standards for multitenant properties.
      (1)   In general.
         (A)   An owner shall not wire lighting in common areas into individual
dwelling units.
         (B)   An owner shall maintain overall illumination of four footcandles
for exterior lighting on the premises, measured in accordance with the Housing
Standards Manual.
      (2)   Exterior lighting.
         (A)   An owner shall maintain illumination from dusk until dawn:
            (i)   along pedestrian pathways; in plazas, courtyards, building
entrances, parking areas, including carports and driveway areas; and other
outdoor spaces commonly used.
            (ii)   at stairwells, landings, and areas under the lower landing.
            (iii)   along breezeways, and transitional lighting must be
maintained at all entries to a breezeway.
            (iv)   at cluster or gang mailboxes.
          (B)   An owner shall maintain exterior lighting so that it reduces
conflicts or obstructions between building design and landscape treatments and
provides appropriate crime prevention.
   (i)   Health standards.
      (1)   Infestations.
         (A)   Where evidence of an infestation exists, the owner of a
building, structure, or property, including a vacant or occupied one- or two-
family dwelling, or multifamily dwelling, shall eliminate the infestation using
a person licensed under the Texas Structural Pest Control Act, as amended, and
repair any condition that contributes to an infestation.
         (B)   If the building, structure, or property is a rental property,
the owner shall provide notice to the tenants at least 48 hours before taking
steps to eliminate an infestation.
            (i)   Notice must be in writing and must include the method being
used to eliminate the infestation.
            (ii)   A tenant may in writing waive the 48-hour requirement.
      (2)   Common toilet and shower facilities. An owner shall maintain in
operating condition toilet and shower facilities in common area multifamily
uses.
      (3)   Swimming pools, spas, ponds, and fountains.
         (i)   Water in swimming pools, spas, ponds, and fountains must be
maintained to prevent the breeding or harborage of insects.
         (ii)   Swimming pools, spas, ponds, and fountains must be maintained
in operating condition.
         (iii)   Fences or other barriers enclosing swimming pools, spas,
ponds, and fountains must be maintained in operating condition.
         (iv)   Pool yard enclosures, as defined in Chapter 757 of the Texas
Health and Safety Code, as amended, shall be maintained in operating condition
and must comply with the standards in Chapter 757 of the Texas Health and
Safety Code, as amended.
      (4)   Sewage overflow. An owner shall sanitize all areas contaminated by
sewage overflow immediately after servicing is completed.
      (5)   Vacant dwelling units.
         (A)   An owner shall maintain the interiors of all vacant dwelling
units free of solid waste.
         (B)   The owner of a vacant dwelling unit must store any swimming pool
chemicals, cleaning chemicals, pesticides, herbicides, rodenticides,
fertilizers, paints, solvents, gasoline, gasoline-powered equipment, or
combustible materials of any kind in accordance with the construction codes and
the Dallas Development Code, as amended.
   (j)   Security standards. An owner of a multifamily dwelling, other than one
exempt from registration under this chapter, shall provide and maintain
security devices in each dwelling unit as required by Sections 92.153, 92.154,
and 92.155 of the Texas Property Code, as amended.
   (k)   It is a defense to prosecution under Subsection (a) of this section
that the premises is the site of new construction and reasonable and continuous
progress is being made to complete the construction.
   (l)   An owner shall provide a tenant with alternative housing that meets
the minimum standards required by this section when:
      (1)   after being issued a notice or citation for violation of Subsection
(e)(2) of this section, the owner fails to repair heating equipment within 72
hours after receiving such notice or citation and the overnight low
temperature, as measured by the National Weather Service at Dallas Love Field,
is below 40° F. for three consecutive days after receiving such notice or
citation; or
      (2)   after being issued a notice or citation for violation of Subsection
(e)(1) of this section, the owner fails to repair refrigerated air equipment
within 72 hours after receiving such notice or citation and the daytime high
temperature, as measured by the National Weather Service at Dallas Love Field,
is 95° F. or above for three consecutive days after receiving such notice or
citation.
   (m)   It is a defense to prosecution under Subsections (e)(1) and (e)(2) of
this section and to the alternative housing requirements of Subsection (i) of
this section that:
      (1)   failure to maintain heating and refrigerated air equipment in
compliance with those subsections was the direct result of an act of nature or
other cause beyond the reasonable control of the owner; or
      (2)   the owner is making diligent efforts to repair the heating and
refrigerated air equipment in compliance with those subsections; if the owner
demonstrates to the director that diligent efforts to repair are being made,
the director will not issue a notice or citation for a violation of Subsection
(e)(1) or (e)(2) of this section.
   (n)   It is a defense to prosecution under Subsection (e)(2) of this section
and to the alternative housing requirements of Subsection (i)(1) of this
section that a written contract is in effect requiring the tenant to provide
and maintain heating equipment and the owner has provided utility connections
for heating equipment in compliance with the Dallas Mechanical Code, as
amended, in each room of the structure intended for human occupancy.
   (o)   It is a defense to prosecution under Subsection (e)(1) of this section
and to the alternative housing requirement of Subsection (i)(2) of this section
that the structure is not a rental property. (Ord. Nos. 15198; 15372; 15919;
16473; 19234; 20578; 24481; 25522; 30236)
SEC. 27-12.   RESPONSIBILITIES OF OCCUPANT.
   An occupant shall:
      (1)   maintain the interior and exterior portions of the person's
dwelling unit free from accumulations of solid waste and other conditions that
would encourage an infestation;
      (2)   remove any animal from a structure if the presence of the animal is
a health hazard to an occupant;
      (3)   connect plumbing fixtures and heating equipment that the occupant
supplies in accordance with the construction codes.
      (4)   provide solid waste receptacles or containers when required by
Chapter 18 of this code; and
      (5)   not alter a structure or its facilities so as to create a
nonconformity with Section
27-11 or this section. (Ord. Nos. 15198; 15372; 19234; 30236)
ARTICLE IV.
VACATION, REDUCTION OF OCCUPANCY LOAD, AND SECURING OF STRUCTURES AND
RELOCATION OF OCCUPANTS.
   (Ord. Nos. 20470, 24086, and 26455, title)
SEC. 27-13.   RESERVED.
   (Repealed by Ord. 26455)
SEC. 27-14.   RESERVED.
   (Repealed by Ord. 26455)
SEC. 27-14.1.   TREATMENT FOR INSECTS AND RODENTS.
   When a structure is ordered demolished by a municipal court judge under
Article IV-a of this chapter, if the owner fails to comply with the Dallas
Building Code in obtaining certification from a person licensed under the Texas
Structural Pest Control Act that:
      (1)   the structure is free of insects and rodents; or
      (2)   the structure has been treated within the preceding 30 days to
eliminate insect and rodent infestation;
the city may obtain the certification and charge the cost as part of the
expense of demolition constituting a lien against the real property as provided
in Section
27-16.8(e). (Ord. Nos. 15202; 19234; 24086; 26455)
SEC. 27-14.2.   RESERVED.
   (Repealed by Ord. 24086)
SEC. 27-14.3.   RESERVED.
   (Repealed by Ord. 24086)
SEC. 27-15.   OCCUPANCY LIMITS.
   An owner shall not allow a structure or dwelling unit to exceed the
occupancy limits in Texas Property Code Section 92.010, as amended. (Ord. Nos.
15198; 16473; 19234; 20470; 24086; 26455; 30236)
SEC. 27-15.1.   PLACARDING OF A STRUCTURE BY THE DIRECTOR.
   (a)   Upon issuance of a final court order requiring vacation of a structure
or dwelling unit, the director may place a red placard on or near the front
door of a structure or dwelling unit.
   (b)   The red placard must state that:
      (1)   the structure or dwelling unit was ordered to be vacated;
      (2)   a person commits an offense if he, without authority from the
director:
         (A)   removes or destroys the red placard;
         (B)   occupies the structure or dwelling unit; or
         (C)   as owner of the structure, authorizes a person to occupy the
structure or dwelling unit; and
      (3)   the maximum fine for violation of the ordinance.
   (c)   A person commits an offense if he:
      (1)   without authority from the director, removes or destroys a red
placard placed by the director;
      (2)   occupies a structure or dwelling unit on which the director has
placed a red placard; or
      (3)   authorizes a person to occupy a structure or dwelling unit on which
the director has placed a red placard. (Ord. Nos. 24086; 26455; 30236)
SEC. 27-16.   SECURING OF A STRUCTURE BY THE DIRECTOR.
   (a)   The requirements of this section are in addition to any other
requirements of this chapter governing securing of a structure. Any hearing
before the municipal court pursuant to this section concerning the securing of
a structure must comply with all notice and procedural requirements contained
in
Article IV-a of this chapter for hearings before the municipal court.
   (b)   The director shall secure any structure that the director determines:
      (1)   violates a minimum standard established in
Article III of this chapter; and
      (2)   is unoccupied or is occupied only by a person who does not have a
right of possession to the structure.
   (c)   Before the 11th day after the date the director secures the structure,
the director shall give notice to the owner by:
      (1)   personally serving the owner with written notice;
      (2)   depositing the notice in the United States mail addressed to the
owner at the owner's post office address;
      (3)   publishing the notice at least twice within a 10-day period in a
newspaper of general circulation in the county in which the structure is
located, if personal service cannot be obtained and the owner's post office
address is unknown; or
      (4)   posting the notice on or near the front door of the structure, if
personal service cannot be obtained and the owner's post office address is
unknown.
   (d)   The notice issued under Subsection (c) must contain:
      (1)   an identification, which is not required to be a legal description,
of the structure and the property on which it is located;
      (2)   a description of the violation of the minimum standards that is
present at the structure;
      (3)   a statement that the director will secure or has secured, as the
case may be, the structure; and
      (4)   an explanation of the owner's entitlement to request a hearing
about any matter relating to the director's securing of the structure.
   (e)   A public hearing shall be held before the municipal court if, within
30 days after the date the director secures the structure, the owner files with
the municipal court a written request for the hearing. The hearing must be held
within 20 days after the date the request is filed. Notice of the hearing must
be given to each owner of the affected property in accordance with the notice
requirements of Section
27-16.5. At the hearing, the director shall present evidence of the need to
secure the structure, and the owner may testify or present witnesses or written
information about any matter relating to the director's securing of the
structure.
   (f)   The municipal court shall uphold the director's action in securing a
structure if it finds the structure or a portion of the structure was an urban
nuisance.
   (g)   An unoccupied structure that is closed pursuant to an order of the
director, the municipal court, or the fire marshal, or that is closed by the
owner of the structure without an official order, must be secured in compliance
with the Dallas Fire Code, as amended.
   (h)   A structure intended for residential use or occupancy that, pursuant
to an order of the director, the municipal court, or the fire marshal, is
closed by the owner through sealing the doors or windows with boards, or
equivalent materials, may be referred by the director to the city attorney for
appropriate action under
Article IV-a of this chapter, if the structure:
      (1)   remains boarded up for 180 days or more without being occupied by
the owner or a lawful tenant; and
      (2)   has at least one visible violation of this chapter.
   (i)   The city's cost of securing a structure under this section constitutes
a lien against the real property on which the structure stands, as provided in
Section
27-16.8(e). (Ord. Nos. 15198; 16473; 19234; 20470; 20679; 21025; 24086; 26455;
30236)
SEC. 27-16.1.   RESERVED.
   (Repealed by Ord. 26455)
SEC. 27-16.2.   RESERVED.
   (Repealed by Ord. 26455)
ARTICLE IV-a.
MUNICIPAL COURT JURISDICTION OVER URBAN NUISANCES.
SEC. 27-16.3.   MUNICIPAL COURT JURISDICTION, POWERS, AND DUTIES RELATING TO
URBAN NUISANCES.
   (a)   The municipal court of record has the power and duty to hold a public
hearing to determine whether a structure complies with the minimum standards
set out in this chapter.
   (b)   The municipal court of record has the following powers and duties:
      (1)   To require the reduction in occupancy load of a structure that
exceeds the limits set out in this chapter or the vacation of a structure found
to be an urban nuisance.
      (2)   To require the repair of a structure found to be an urban nuisance.
      (3)   To require the demolition of a structure found to be an urban
nuisance.
      (4)   To require the removal of personalty from a structure ordered
vacated or demolished. Removal may be accomplished by use of city forces or a
private transfer company if the owner of the personalty is not known, or the
whereabouts of the owner cannot be ascertained, or the owner fails to remove
the personalty. Costs of any removal and storage are the responsibility of the
owner of the personalty.
       (5)   To require that an open and vacant structure or open and vacant
portion of a structure be secured.
      (6)   To require or cause the correction of a dangerous condition on the
land. Correction of a dangerous condition may be accomplished by city forces or
a private contractor. Costs of correction are the responsibility of the owner.
      (7)   To assess a civil penalty, not to exceed $1,000 a day per violation
or, if the property is the owner's lawful homestead, $10 a day per violation,
against a property or property owner for each day or part of a day that the
owner fails to repair or demolish a structure in compliance with a court order
issued under this article.
      (8)   To require vacation of the occupants of a structure found to be an
urban nuisance or found to be overcrowded. (Ord. Nos. 24457; 26455; 30236)
SEC. 27-16.4.   INITIATION OF PROCEEDING; PETITION REQUIREMENTS.
   (a)   A petition filed with the municipal court by the city attorney
initiates a civil proceeding under this article. The proceeding must be kept
and organized separately from the criminal dockets of the municipal court.
   (b)   The petition must include:
      (1)   an identification, which is not required to be a legal description,
of the structure and the property on which it is located; and
      (2)   a description of the alleged violation or violations of minimum
standards that are present on the property.
   (c)   The municipal court shall set the matter for a hearing not less than
30 days nor more than 60 days after the filing of the petition. (Ord. Nos.
24457; 26455; 30236)
SEC. 27-16.5.   NOTICE OF HEARING BEFORE THE MUNICIPAL COURT.
   (a)   The city attorney or the director shall give notice of a municipal
court hearing on the repair, demolition, vacation, or securing of a structure,
or the relocation of the occupants of a structure, to any owner, mortgagee, or
lienholder of the structure. A diligent effort must be made to discover each
owner, mortgagee, or lienholder of the structure and to give such persons
notice of the hearing.
   (b)   Notice of the hearing must include:
      (1)   the date, time, and place of the hearing;
      (2)   an identification, which is not required to be a legal description,
of the structure and the property on which it is located;
      (3)   a description of the alleged violation or violations of minimum
standards that are present on the property; and
      (4)   a statement that the owner, mortgagee, or lienholder must submit at
the hearing proof of the scope of any work that may be required to comply with
this chapter and the time it will take to reasonably perform the work.
   (c)   On or before the 10th day before the hearing date, notice of the
hearing must be:
      (1)   mailed, by certified mail, return receipt requested, to the record
owners of the affected property, and each holder of a recorded lien against the
property, as shown by the records in the office of the county clerk of the
county in which the property is located if the address of the lienholder can be
ascertained from the deed of trust establishing the lien or any other
applicable instruments on file in the office of the county clerk;
      (2)   posted, to all unknown owners, on the front door of each
improvement situated on the affected property or as close to the front door as
practicable; and
      (3)   published on one occasion in a newspaper of general circulation in
the city.
   (d)   The city attorney or the director may file in the official public
records of real property in the county in which the property is located a
notice of hearing that contains:
      (1)   the name and address of the property owner, if that information can
be determined;
      (2)   a legal description of the property; and
      (3)   a description of the hearing.
   (e)   A notice issued under this section or Section
27-16.8, or an order entered by the municipal court under this article, that is
filed in accordance with Subsection (d) is binding on any subsequent grantee,
lienholder, or other transferee of an interest in the property who acquires
such interest after the filing of the notice or order and constitutes notice of
the matter or order to any subsequent grantee, lienholder, or other transferee.
(Ord. Nos. 24457; 26455)
SEC. 27-16.6.   REQUEST FOR CONTINUANCE OF HEARING.
   A continuance of a hearing requested and set under this article may only be
considered and granted in open court by the presiding judge of the court on the
date and time of the originally scheduled hearing. A continuance must be
requested in writing and may only be granted for good cause shown. The court
may continue the hearing no more than 60 days and must notify the parties
appearing in open court of the new date and time of the hearing. No other
notice of the continued hearing date and time is required to be filed, sent,
published, or posted. (Ord. Nos. 24457; 26455)
SEC. 27-16.7.   HEARING PROCEDURES BEFORE THE MUNICIPAL COURT; COURT ORDERS.
   (a)   At the civil hearing in municipal court:
      (1)   the city attorney shall present evidence of notice of the hearing,
the violation or violations of minimum standards that are present on the
property, and other relevant issues;
      (2)   an owner, lienholder, mortgagee, or other person shown to have an
interest in the property may present evidence of the scope of work and time
required to comply with minimum standards under this chapter, present evidence
on other relevant issues, and cross-examine witnesses; and
      (3)   the city attorney may cross-examine or rebut any evidence offered
by an opposing party or other witness.
   (b)   At the close of evidence at the hearing, the municipal court judge may
do one or more of the following:
      (1)   Find by a preponderance of the evidence that the structure is an
urban nuisance, specifically describing each minimum standard found to be
violated, and order one or more of the following:
         (A)   demolition of the structure by the owner, lienholder, or
mortgagee within 30 days, unless an extension is granted under Subsection (c);
         (B)   repair of the structure by the owner, lienholder, or mortgagee
as needed to correct every violation of minimum standards found by the court to
exist at the structure, the repair to be accomplished within 30 days, unless an
extension is granted under Subsection (c);
         (C)   vacation of the structure by the owner, lienholder, or
mortgagee, within a specified period of time; or
         (D)   the assessment of a civil penalty against the owner for each day
or part of a day that the owner fails to repair or demolish the structure in
compliance with a court order issued under this subsection.
      (2)   Find that the structure is overcrowded under Section
27-15 of this chapter and order a reduction of occupancy load by the owner,
lienholder, or mortgagee.
      (3)   Find that the structure is open and vacant and order securing of
the structure from unauthorized entry in compliance with the Dallas Fire Code
within 30 days by the owner, lienholder, or mortgagee.
      (4)   Order relocation of the occupants of a structure affected by a
court order, within a specified period of time, by the owner, lienholder, or
mortgagee.
      (5)   Determine whether any occupants of a structure affected by a board
order are ineligible for relocation assistance under Section
27-16.3(c) of this chapter.
   (c)   Time extensions for complying with an order to repair or demolish a
structure.
      (1)   The court may allow more than 30 days to comply with an order to
repair or demolish a structure under Subsection (b)(1), if the owner,
lienholder, or mortgagee establishes at the hearing that the work cannot
reasonably be performed within 30 days. The court shall establish a specific
time schedule for the commencement and performance of the work and require the
owner, lienholder, or mortgagee to secure the property from unauthorized entry
while the work is being performed.
      (2)   The court may not allow more than 90 days to comply with an order
issued under Subsection (b)(1) unless the owner, lienholder, or mortgagee:
         (A)   submits at the hearing a detailed plan and time schedule for the
work; and
         (B)   establishes at the hearing that the work cannot reasonably be
completed within 90 days because of the scope and complexity of the work.
      (3)   If the court allows more than 90 days to complete any part of the
work required to repair or demolish the structure under Subsection (b)(1), it
shall require the owner, lienholder, or mortgagee to regularly submit progress
reports to the court demonstrating compliance with the time schedules
established for commencement and performance of the work. The order may require
that the owner, lienholder, or mortgagee appear before the court to demonstrate
compliance with the time schedules.
      (4)   If the owner, lienholder, or mortgagee owns property, including
structures and improvements on property, within the city boundaries that
exceeds $100,000 in total value, the court may require the owner, lienholder,
or mortgagee to post a cash or surety bond in an amount adequate to cover the
cost of repairing or demolishing a structure under Subsection (c)(3). In lieu
of a bond, the court may require the owner, lienholder, or mortgagee to provide
a letter of credit from a financial institution or a guaranty from a third
party approved by the city. The bond must be posted, or the letter of credit or
third party guaranty provided, not later than the 30th day after the date the
court issues the order. The court shall establish rules and procedures, to be
approved by the city attorney, governing when a bond, letter of credit, or
third party guaranty will be required under this paragraph.
   (d)   Demolition, vacation, and securing of a structure, and the relocation
of the occupants of a structure, may be accomplished by the city if not timely
accomplished by the owner, lienholder, or mortgagee. Repair of a structure may
be accomplished by the city if not timely accomplished by the owner,
lienholder, or mortgagee, but only to the extent necessary to bring the
structure into compliance with minimum standards and only if the structure is a
residential structure with not more than 10 dwelling units. If, at the close of
evidence at the hearing, the court orders a structure to be repaired, vacated,
secured, or demolished, or orders relocation of the occupants of a structure,
the court shall in its order also authorize the city of Dallas, through its
agents or contractors, to enter the property and repair, vacate, secure, or
demolish the structure on the property, or relocate the occupants of the
structure, whichever applies, if the ordered action is not accomplished by the
owner, lienholder, or mortgagee by the deadline given by the court pursuant to
Subsection (b) or (c). Performance of work by the city under this subsection
does not limit the ability of the city to collect on a bond or other financial
guaranty that may be required from the property owner, lienholder, or mortgagee
under Subsection (c)(4) of this section.
   (e)   An order entered by the court must also include a statement that any
order entered by the municipal court, when filed in the official public real
property records of the county in which the property is located, binds any
subsequent grantee, lienholder, or other transferee of an interest in the
property who acquires the interest after the filing of the order.
   (f)   After the hearing, the city attorney or the director shall promptly
mail by certified mail, return receipt requested, or personally deliver with
proof of delivery, a copy of the order to each owner, lienholder, and mortgagee
of the structure and shall file a copy of the order in the official public real
property records of the county in which the property is located. Best efforts
must be made to determine the identity and address of any owner, mortgagee, or
lienholder and to give such persons notice of the order. If an order to repair,
demolish, vacate, reduce in occupancy load, or secure a structure, or to
relocate the occupants of a structure, is timely effected, the director shall,
upon written request and payment of the cost by the owner, file a notice of
compliance in the deed records of the county in which the property is located.
Every notice given under this subsection must include an identification, which
is not required to be a legal description, of the structure and property on
which it is located, and a description of the violation of minimum standards
that is present at the property.
   (g)   Within 10 days after the date the order is issued, the city attorney
or the director shall:
      (1)   file a copy of the order in the office of the city secretary; and
      (2)   publish in a newspaper of general circulation in the city of Dallas
an abbreviated copy of the order containing:
         (A)   the street address or legal description of the property;
         (B)   the date of the hearing;
         (C)   a brief statement indicating the results of the order; and
         (D)   instructions stating where a complete copy of the order may be
obtained. (Ord. Nos. 24457; 26455)
SEC. 27-16.8.   NONCOMPLIANCE WITH COURT ORDERS; CIVIL PENALTIES; LIENS.
   (a)   If the city of Dallas determines that the owner, lienholder, or
mortgagee of a structure has not timely complied with a municipal court order
issued under Section
27-16.7 and the order included a provision authorizing the city to perform work
upon failure of the owner, lienholder, or mortgagee to comply with the order,
the city may, in addition to other remedies provided by law, repair, demolish,
vacate, or secure the structure, or relocate the occupants of the structure,
whichever is applicable, in accordance with the court order. Before the city
begins performance of the work, the city attorney or the director shall issue a
notice including:
      (1)   an identification, which is not required to be a legal description,
of the structure and the property on which it is located;
      (2)   an identification of the court order;
      (3)   a description of each violation of minimum standards found by the
court to be present on the property when the court order was issued;
      (4)   a description of any work ordered by the court to correct each
violation on the property;
      (5)   a statement that the owner, lienholder, or mortgagee has not timely
complied with the court order and a description of the provisions of the court
order that still require compliance;
      (6)   a statement of the city’s intent to cause the repair, demolition,
vacation, or securing of the structure, or the relocation of the occupants of
the structure, whichever is applicable; and
      (7)   the date and time the city will begin performance of the work in
accordance with the court order.
   (b)   At least 10 days before the city of Dallas begins the performance of
work under this section, the notice required under Subsection (a) must be:
      (1)   mailed by certified mail, return receipt requested, to each owner,
lienholder, and mortgagee of the structure;
      (2)   posted on the front door of the structure or as close to the front
door as practicable; and
      (3)   published on one occasion in a newspaper of general circulation in
the city.
   (c)   Any costs incurred by the city in performing work under this article
may be enforced in accordance with Subsection (e) of this section and through
any other remedies provided by city ordinance or state law.
   (d)   Assessment of civil penalties.
      (1)   If the city attorney or the director determines that the owner,
lienholder, or mortgagee of a structure has not timely complied with a
municipal court order issued under Section
27-16.7, the city attorney may file an action in municipal court for the
assessment of a civil penalty against the property and property owner. The city
attorney or the director shall promptly give notice to each owner, lienholder,
and mortgagee of the hearing to assess a civil penalty. The notice must
include:
         (A)   an identification, which is not required to be a legal
description, of the structure and the property on which it is located;
         (B)   an identification of the court order affecting the property;
         (C)   a description of each violation of minimum standards found by
the court to be present on the property when the court order was issued;
         (D)   a description of any work ordered by the court to correct each
violation on the property;
         (E)   a statement that the city attorney or the director has
determined that an owner, lienholder, or mortgagee has not timely complied with
the court order and a description of the provisions of the court order that
still require compliance; and
         (F)   a statement that the court will conduct a hearing to consider
assessment of a civil penalty against the property and property owner and the
date, time, and place of the hearing.
      (2)   The notice required under Subsection (d)(1) for a municipal court
hearing to consider the assessment of a civil penalty against the property and
property owner subject to a court order must be given in compliance with the
notice requirements set forth in Section
27-16.5 for other hearings under this article.
      (3)   A hearing to consider the assessment of a civil penalty on property
subject to a court order must be conducted in compliance with the requirements
and procedures set forth in this article for other hearings before the
municipal court, except that, in addition to any other evidence presented, an
owner, lienholder, or mortgagee may present evidence of any work performed or
completed on the property to comply with the court order.
      (4)   The court, after hearing evidence from each interested person
present, may assess a civil penalty against the owner in a specific amount in
accordance with Section
27-16.3(b)(7) of this article.
      (5)   Notice of a court order issued under this subsection must comply
with the requirements and procedures of Section
27-16.7(f) and (g) and Section
27-16.11 for notice of other board orders.
      (6)   A civil penalty assessed under this subsection may be enforced in
accordance with Subsection (e) of this section.
      (7)   A civil penalty assessment hearing may be combined with any other
hearing before the municipal court concerning the same property.
   (e)   Liens.
      (1)   The expense of the repair, demolition, vacation, or securing of a
structure or the relocation of the occupants of a structure, when performed
under contract with the city or by city forces, and any civil penalty assessed
against the owner of the structure, constitute a nontransferable lien against
the real property on which the structure stands or stood and runs with the
land, unless it is a homestead as protected by the Texas Constitution. The
city’s lien attaches when notice of the lien is recorded and indexed in the
office of the county clerk in the county in which the property is located. The
notice must contain the name and address of the owner, if reasonably
determinable, a legal description of the real property, the amount of expenses
incurred by the city, and the balance due.
      (2)   The city’s lien for the expenses is a privileged lien subordinate
only to tax liens, if each mortgagee and lienholder is given notice and an
opportunity to repair, demolish, vacate, or secure the structure, or relocate
the occupants of the structure, whichever applies. Otherwise, the city’s lien
for expenses, or for any civil penalties imposed, is superior to all other
previously recorded judgment liens except for any previously recorded bona fide
mortgage lien attached to the real property, if the mortgage lien was filed for
record in the county clerk’s office of the county in which the real property is
located before the date the civil penalty was assessed or the action for which
the expenses were incurred was begun by the city.
      (3)   A lien acquired by the city under this section for repair expenses
may not be foreclosed if the structure upon which the repairs were made is
occupied as a residential homestead by a person 65 years of age or older.
      (4)   The city may use lawful means to collect expenses and civil
penalties assessed under this article from an owner or a property. Any civil
penalty or other assessment imposed under this article accrues interest at the
rate of 10 percent a year from the date of the assessment until paid in full.
The city may petition a court of competent jurisdiction in a civil suit for a
final judgment in accordance with the assessed civil penalty. To enforce the
civil penalty, the city must file with the district clerk of a county in which
the city is located a certified copy of the municipal court order assessing the
civil penalty, stating the amount and duration of the penalty. The assessment
of a civil penalty under this article is final and binding and constitutes
prima facie evidence of the penalty. No other proof is required for the
district court to enter final judgment on the penalty. (Ord. Nos. 24457; 26455;
30236)
SEC. 27-16.9.   MODIFICATION OF COURT ORDERS.
   (a)   Within 15 days after the municipal court enters an order under this
article, the city of Dallas or an owner, lienholder, or mortgagee of a
structure that is the subject of the order may request that the court modify
its order. The request must be in writing and filed with the court.
   (b)   The court shall schedule a hearing on the motion not less than five
days or more than 10 days after the request for modification is filed. The
movant must promptly deliver a copy of the request and notice of the hearing
date and time, in writing, to the city attorney and each owner, lienholder, and
mortgagee by either personal service or certified mail, return receipt
requested.
   (c)   If circumstances have changed and the court finds good cause, the
court may modify the order. The city attorney or the director shall notify the
owner, lienholder, and mortgagee of the structure of the modified order in
accordance with Sections
27-16.7(f) and (g). (Ord. Nos. 24457; 26455)
SEC. 27-16.10.   APPEAL OF COURT ORDERS.
   Any owner, lienholder, or mortgagee of record who is jointly or severally
aggrieved by a municipal court order issued under this article may appeal by
filing in state district court a verified petition setting forth that the
municipal court’s decision is illegal, in whole or in part, and specifying the
grounds of the illegality. The petition must be filed by an owner, lienholder,
or mortgagee of record within 30 calendar days after the respective dates a
copy of the municipal court order is mailed to each in compliance with Section
27-16.7(f) of this chapter; otherwise, the order will become final as to each
person upon expiration of each person’s respective 30-calendar-day period. An
appeal in state district court is limited to a hearing under the substantial
evidence rule. (Ord. Nos. 24457; 26455)
SEC. 27-16.11.   MISCELLANEOUS NOTICE PROVISIONS.
   (a)   Any notice required by this article to be given to the owner,
lienholder, or mortgagee of any structure must also be given to any occupant of
the structure, if the subject of the notice involves the demolition, vacation,
or reduction of occupancy load of the structure or the relocation or
ineligibility for relocation expenses of the occupants. Notice required under
this subsection must be given to the occupants either:
      (1)   in the same manner required by this article for notice to the
owner, lienholder, or mortgagee of the structure; or
      (2)   by personal service, using the time and procedural requirements set
forth in this article for notice to the owner, lienholder, or mortgagee of the
structure.
   (b)   For purposes of this article, a requirement to use “best efforts” or
“a diligent effort” is satisfied by a search of the following records:
      (1)   county real property records of the county in which the structure
is located;
      (2)   appraisal district records of the appraisal district in which the
structure is located;
      (3)   records of the secretary of state for the State of Texas;
      (4)   assumed name records of the county in which the structure is
located;
      (5)   tax records of the city of Dallas; and
      (6)   utility records of the city of Dallas.
   (c)   If any notice, order, or other document is mailed by certified mail,
return receipt requested, as required by this article, and is returned by the
United States Postal Service as “refused” or “unclaimed,” the validity of the
notice, order, or other document is not affected, and the notice, order, or
other document will be deemed as delivered.
   (d)   If the city attorney requests a court to issue an order requiring
demolition of a residential structure with no more than 3,000 square feet of
floor area on a property subject to a predesignation moratorium or a structure
in a historic overlay district, the city attorney shall comply with the
requirements of Section
51A-4.501(i). (Ord. Nos. 24457; 26455; 27922)
ARTICLE IV-b.
ADMINISTRATIVE ADJUDICATION PROCEDURE FOR PREMISES, PROPERTY, AND CERTAIN OTHER
VIOLATIONS.
SEC. 27-16.12.   ALTERNATIVE ADMINISTRATIVE ADJUDICATION PROCEDURE.
   Every violation of an ordinance described by Section 54.032 of the Texas
Local Government Code or adopted under Subchapter E, Chapter 683 of the Texas
Transportation Code or under Section 214.001(a)(1) of the Texas Local
Government Code may be enforced as an administrative offense using the
alternative administrative adjudication procedure set forth in this article, as
authorized by Section 54.044 of the Texas Local Government Code. The adoption
or use of this alternative administrative adjudication procedure does not
preclude the city from enforcing a violation of an ordinance described in this
section through criminal penalties and procedures. (Ord. Nos. 25927; 29403)
SEC. 27-16.13.   ADMINISTRATIVE CITATION.
   (a)   An administrative citation issued under this article must:
      (1)   notify the person charged with violating the ordinance that the
person has the right to a hearing;
      (2)   provide information as to the time and place to appear before the
hearing officer;
      (3)   include the nature, date, and location of the violation;
      (4)   notify the person charged with violating the ordinance of the
amount of the administrative penalty for which the person may be liable and
provide instructions and the due date for paying the administrative penalty;
      (5)   notify the person charged that any request to have the inspector
who issued the citation present at the administrative hearing must be in
writing and must be received by the hearing officer at least five calendar days
before the scheduled hearing date and that the failure to timely request the
presence of the inspector constitutes a waiver of the person's right to require
the inspector to be present at the hearing;
      (6)   notify the person charged that failure to timely appear at the time
and place of the hearing as set forth in the citation or, if the hearing is
continued or postponed, at any subsequent hearing, is considered an admission
of liability for the violation charged; and
      (7)   contain a return of service signed by the inspector indicating how
the administrative citation was served on the person charged.
   (b)   An administrative citation under this article serves as the summons
and charging instrument for purposes of this article.
   (c)   A copy of the administrative citation must be kept as a record in the
ordinary course of business of the city by the municipal court clerk.
   (d)   An administrative citation kept by the municipal court clerk is
rebuttable proof of the facts it states. (Ord. Nos. 25927; 30236)
SEC. 27-16.14.   SERVICE OF AN ADMINISTRATIVE CITATION.
   (a)   An attempt must be made to personally serve an administrative citation
by handing it to the person charged if the person is present at the time of
service or by leaving the citation at the person's usual place of residence
with any person residing at such residence who is 16 years of age or older and
informing that person of the citation's contents.
   (b)   If an attempt to personally serve the citation fails, the
administrative citation must then be served upon the person charged by posting
the citation on either:
      (1)   the front door or front gate of the premises or property; or
      (2)   a placard staked to the yard of the premises or property in a
location visible from a public street or alley.
   (c)   If service upon the person charged is by posting the citation on the
premises or property, a copy of the citation must also be sent to the last
known address of the person charged by regular United States mail. If the
person charged is the owner of the premises or property, then the last known
address of the person is that address kept by the appraisal district of the
county in which is located the premises or property that is the subject of the
citation, except that if the owner is a corporation or other legal entity, a
copy of the citation may be mailed to the registered agent's address on file
with the Texas Secretary of State. If the person charged is the person in
control of the premises or property, then the last known address of the person
is the address of the premises or property. (Ord. Nos. 25927; 30236)
SEC. 27-16.15.   ANSWERING AN ADMINISTRATIVE CITATION.
   (a)   A person who has been charged with a violation of this chapter through
an administrative citation shall answer to the charge by appearing in person or
through counsel before the hearing officer no later than the 31st calendar day
after the date the citation was issued. If the 31st calendar day falls on a day
when the court is closed, then the person must appear (in person or through
counsel) by the next day that the court is open.
   (b)   An answer to the administrative citation may be made in either of the
following ways:
      (1)   By returning the citation, on or before the 31st calendar day from
the date the citation was issued, with the applicable administrative penalties,
fees, and court costs, which action constitutes an admission of liability.
      (2)   By personally appearing, with or without counsel, before the
hearing officer on or before the 31st calendar day from the date the citation
was issued and on any subsequent hearing date. The person charged in the
administrative citation must be present at the hearing and cannot be
represented by anyone other than an attorney who has a license to practice law
in Texas, which is in good standing. If the person charged is a corporation or
a business entity, the corporation or business entity must be represented by an
attorney who has a license to practice law in Texas, which is in good standing.
(Ord. Nos. 25927; 30236)
SEC. 27-16.16.   FAILURE TO APPEAR AT AN ADMINISTRATIVE HEARING.
   (a)   A person who fails to answer an administrative citation as required by
Section
27-16.15 of this chapter is considered to have admitted liability for the
violation charged. Upon proof of service by the city, the hearing officer shall
issue, in writing, an administrative order of liability and assess against the
person charged with the violation an appropriate amount of administrative
penalties, fees, and court costs.
   (b)   The hearing officer shall assess an additional $36 administrative
penalty for each violation (other than a violation of Section
49-21.1 of this code) for which a person is found liable, which amount will be
placed in the Dallas Tomorrow Fund or the Dallas Animal Welfare Fund, as
applicable. In no case may the total amount of administrative penalties
assessed against a person for a violation exceed the maximum penalty
established by city ordinance for the particular violation, and in no case may
the total amount of administrative penalties, including the $36 administrative
penalty, assessed against a person for a violation be less than the minimum
penalty established by city ordinance for the particular violation.
   (c)   Within seven calendar days after the hearing officer files the
administrative order of liability with the municipal court clerk, the municipal
court clerk shall send a copy of the order to the person charged with the
violation. The copy of the order must be sent by regular United States mail to
the person's last known address as defined in Section
27-16.14(c). The administrative order must include a statement:
      (1)   of the amount of the administrative penalties, fees, and court
costs;
      (2)   of the right to appeal to municipal court before the 31st calendar
day after the date the hearing officer's order is filed with the municipal
court clerk;
      (3)   that, unless the hearing officer's order is suspended through a
properly filed appeal, the administrative penalties, fees, and court costs must
be paid within 31 calendar days after the date the hearing officer's order is
filed;
      (4)   that, if the administrative penalties, fees, and court costs are
not timely paid, the penalties, fees, and costs may be referred to a collection
agency and the cost to the city for the collection services will be assessed as
costs, at the rate agreed to between the city and the collection agency, and
added to the judgment; and
      (5)   that the city may enforce the hearing officer's administrative
order by:
         (A)   filing a civil suit for collection of the administrative
penalties, fees, and court costs;
         (B)   obtaining an injunction to prohibit specific conduct that
violates the order or to require specific conduct necessary for compliance with
the order; or
         (C)   both (A) and (B). (Ord. Nos. 25927; 29403; 29618; 30236)
SEC. 27-16.17.   HEARING OFFICERS; QUALIFICATIONS, POWERS, DUTIES, AND
FUNCTIONS.
   (a)   Hearing officers shall be recommended by the administrative judge and
appointed by the city council, and shall serve until a successor is recommended
by the administrative judge and appointed by the city council. Hearing officers
shall administratively adjudicate violations of ordinances described by Section
54.032 of the Texas Local Government Code or adopted under Subchapter E,
Chapter 683 of the Texas Transportation Code or under Section 214.001(a)(1) of
the Texas Local Government Code. The city council shall appoint one hearing
officer and may appoint a maximum of five associate hearing officers, who shall
meet the same qualifications and have the same powers, duties, and functions of
the hearing officer.
   (b)   A hearing officer must meet all of the following qualifications:
      (1)   Be a resident of the city of Dallas at the time of employment as a
hearing officer and maintain residency in the city throughout such employment.
      (2)   Be a citizen of the United States.
      (3)   Be a licensed attorney in good standing.
      (4)   Have two or more years of experience in the practice of law in the
State of Texas.
   (c)   A hearing officer shall have the following powers, duties, and
functions:
      (1)   To administer oaths.
      (2)   To accept admissions to, and to hear and determine contests of,
premises and property violations under this article.
      (3)   To issue orders compelling the attendance of witnesses and the
production of documents, which orders may be enforced by a municipal court.
      (4)   To assess administrative penalties, fees, and court costs in
accordance with this article.
      (5)   To question witnesses and examine evidence offered.
      (6)   To suspend the payment of administrative penalties for a specific
period of time.
      (7)   To make a finding as to the financial inability of a person found
liable of a violation to comply with an administrative order and to refer that
person to potential sources of funding to assist the person in complying with
the administrative order.
      (8)   To make a finding as to the financial inability of a person found
liable of a violation to pay for the transcription of any recording of an
administrative hearing and/or to post an appeal bond. (Ord. Nos. 25927; 30236)
SEC. 27-16.18.   HEARING FOR DISPOSITION OF AN ADMINISTRATIVE CITATION;
CITATION AS REBUTTABLE PROOF OF OFFENSE.
   (a)   Every hearing for the adjudication of an administrative citation under
this article must be held before a hearing officer. A hearing cannot be held
without the presence of the person charged or the person's attorney.
   (b)   At a hearing under this article, the administrative citation is
rebuttable proof of the facts that it states. Evidence of compliance with the
ordinance after the administrative citation was issued can be taken into
consideration by the hearing officer when assessing a reasonable administrative
penalty, but the evidence is not considered rebuttal evidence nor does it
refute or contradict the allegations made in the citation.
   (c)   The formal rules of evidence do not apply to the hearing, and any
relevant evidence will be deemed admitted if the hearing officer finds it
competent and reliable. The hearing officer shall make a decision based upon a
preponderance of the evidence presented at the hearing, after giving due weight
to all rebuttable proof established by this article or other applicable law.
   (d)   Each party shall have the right to call and examine witnesses, to
introduce exhibits, to cross-examine opposing witnesses on any matter relevant
to the issues, and to rebut evidence; except that, if the person charged fails
to make a timely, written request to have the inspector who issued the citation
present at the hearing, the person charged will be deemed to have waived the
right to call and examine that inspector.
   (e)   The hearing officer may examine any witness and may consider any
evidence offered by a witness or person charged with a violation, giving due
weight to all testimony and evidence offered.
   (f)   If requested by the hearing officer or any party to the hearing prior
to commencement of the hearing, the administrative hearing will be recorded
electronically. Failure to timely request that the administrative hearing be
electronically recorded constitutes a waiver of the right to have a record of
the hearing. The person charged may, at his expense, have a court reporter
present in the hearing room during the proceedings.
   (g)   After hearing all the evidence, the hearing officer shall immediately
issue an order in writing, either:
      (1)   finding the person charged liable for the violation, assessing the
applicable administrative penalties, fees, and court costs, and notifying the
person of the right of appeal to municipal court; or
      (2)   finding the person charged not liable for the violation.
   (h)   The hearing officer shall assess an additional $36 administrative
penalty for each violation (other than a violation of Section
49-21.1 of this code) for which a person is found liable, which amount will be
placed in the Dallas Tomorrow Fund or the Dallas Animal Welfare Fund, as
applicable. In no case may the total amount of administrative penalties,
including the $36 administrative penalty, assessed against a person for a
violation be more than the maximum penalty or less than the minimum penalty
established by city ordinance for the particular violation.
   (i)   A person who has been found liable for a violation may, after the
hearing officer has issued an administrative order but prior to the conclusion
of the hearing, assert financial inability to bring the property or premises
into compliance with the order. At that time, the hearing officer shall suspend
enforcement of the administrative order for a specific time not to exceed 30
days and set the matter for an indigency hearing pursuant to Section
27-16.19(e), if, in the interests of justice, the attorney for the city
believes that a further extension should be granted, the attorney for the city
can make a motion to extend the suspension period for a specific time and
present the motion to the hearing officer for a ruling.
   (j)   An administrative order of the hearing officer must be filed with the
municipal court clerk. (Ord. Nos. 25927; 29403; 29618; 30236)
SEC. 27-16.19.   FINANCIAL INABILITY TO COMPLY WITH AN ADMINISTRATIVE ORDER,
PAY FOR TRANSCRIPTION OF A RECORD, OR POST AN APPEAL BOND.
   (a)   A person found by the hearing officer to be financially unable to
comply with an administrative order must be:
      (1)   a resident of the property or premises that is the subject of the
administrative order; and
      (2)   the sole owner of the property or premises, except that the person
may be a co-owner of the property or premises if all other co-owners cannot be
located or are financially unable to comply with the administrative order.
   (b)   A person claiming a financial inability to comply with the
administrative order must make that claim prior to the conclusion of the
administrative hearing before the hearing officer.
   (c)   A person claiming a financial inability to pay for a transcription of
the record and/or to post an appeal bond must make that claim in writing to the
hearing officer on or before the seventh calendar day following the
administrative hearing.
   (d)   A person claiming a financial inability to comply with an
administrative order, to pay for a transcription of the record, and/or to post
an appeal bond must have an income that does not exceed 50 percent of the
Dallas Area Median Family Income (AMFI) as determined by the United States
Department of Housing and Urban Development.
   (e)   After receiving a claim that a person found liable for a violation
under this article is financially unable to comply with an administrative
order, to pay for a transcription of the record, and/or to post an appeal bond,
the hearing officer shall set the matter for hearing and notify all parties of
the hearing date by regular United States mail. The hearing officer shall order
the person found liable for a violation to bring to the hearing documentary
evidence to support the person's claim of financial inability. The hearing
officer's determination of whether the person found liable for a violation is
financially unable to comply with the administrative order, to pay for a
transcription of the record, and/or to post an appeal bond must be based on all
information provided to the hearing officer by the person found liable or by
the city attorney in opposition to the claim of financial inability. If the
hearing officer determines that the person found liable for a violation does
not have the financial ability to bring the property or premises into
compliance with the administrative order, to pay for a transcription of the
record, and/or to post an appeal bond, then the hearing officer shall enter
that finding in writing.
   (f)   If the hearing officer finds that a person is financially unable to
bring the property or premises into compliance with the administrative order,
the hearing officer shall not suspend the finding of liability, but shall
suspend the enforcement of the administrative order for a specified period of
time, not to exceed 120 days, to allow the person to apply with a Citizen
Advocate Program to help bring his or her property into compliance with the
administrative order. At the end of the suspension period, if the property or
premises is in compliance with the administrative order, the administrative
penalty will be waived. If, at the end of the suspension period, the property
or premises is still in violation of the administrative order, the
administrative penalties, fees, and court costs originally assessed will become
due. If, in the interests of justice, the attorney for the city believes that
the suspension should be extended, the attorney for the city can make a motion
to extend the suspension period for a specific time and present the motion to
the hearing officer for a ruling.
   (g)   A Citizen Advocate Program will be created to assist individuals who
are found by the hearing officer to be financially unable to comply with an
administrative order or who need special assistance regarding an administrative
citation.
   (h)   If the hearing officer finds that the person found liable for a
violation is financially unable to pay the costs of the transcription of the
record and/or to post an appeal bond, these costs will be waived by the city.
(Ord. Nos. 25927; 30236)
SEC. 27-16.20.   APPEAL TO MUNICIPAL COURT.
   (a)   Either party to an action ruled upon by the hearing officer under this
article may appeal that determination by filing a petition in municipal court
within 31 calendar days after the date the hearing officer's administrative
order is filed with the municipal court clerk. An appeal does not stay the
enforcement of the order of the hearing officer unless, before the appeal
petition is filed, a bond is filed with the municipal court for twice the
amount of the administrative penalties, fees, and court costs ordered by the
hearing officer. The city is not required to file a bond in order to appeal. An
appellant to municipal court may request a waiver of the bond amount on the
basis of financial inability to pay, in which case the hearing officer may hold
a hearing pursuant to Section
27-16.19 to determine whether the appellant is indigent and whether the bond
amount may be waived. If the hearing officer's administrative order is reversed
on appeal, the appeal bond will be returned to the appellant.
   (b)   If a person found liable for a violation does not timely appeal the
hearing officer's administrative order, the order will become a final judgment.
If the administrative penalties, fees, and court costs assessed in the final
judgment are not paid within 31 calendar days after the date the hearing
officer's order is filed with the municipal court clerk, the administrative
penalties, fees, and court costs may be referred to a collection agency and the
cost to the city for the collection services will be assessed as costs, at the
rate agreed to between the city and the collection agency, and added to the
judgment. The city may enforce the hearing officer's administrative order by
filing a civil suit for collection of the administrative penalties, fees, and
court costs and/or by obtaining an injunction to prohibit specific conduct that
violates the administrative order or to require specific conduct necessary for
compliance with the administrative order.
   (c)   Any recording of an administrative hearing must be kept and stored for
not less than 45 calendar days beginning the day after the last day of the
administrative hearing. Any administrative hearing that is appealed must be
transcribed from the recording by a court reporter or other person authorized
to transcribe court of record proceedings. The court reporter or other person
transcribing the recorded administrative hearing is not required to have been
present at the administrative hearing.
   (d)   The person found liable for the violation shall pay for any
transcription of the recorded administrative hearing unless the hearing officer
finds, pursuant to Section
27-16.19, that the person is unable to pay or give security for the
transcription.
   (e)   Before the recorded proceedings are transcribed, the person found
liable for the violation shall, unless found by the hearing officer to be
unable to pay for the transcription, post a cash deposit with the municipal
clerk for the estimated cost of the transcription. The cash deposit will be
based on the length of the proceedings, and the costs of the court reporter,
typing, and other incidental services. If the cash deposit exceeds the actual
cost of the transcription, the municipal court clerk shall refund the
difference to the person charged. If the cash deposit is insufficient to cover
the actual cost of the transcription, the person charged must pay the
additional amount before being given the transcription. If a case is reversed
on appeal, the municipal court clerk shall refund to the person charged any
amounts paid for a transcription.
   (f)   Upon receipt of an appeal petition, the municipal court clerk or
deputy clerk shall cause a record of the case to be prepared from the
transcript and the statement of facts, which must conform to the provisions
relating to the preparation of a statement of facts in the Texas Rules of
Appellate Procedure. The appellant shall pay for the statement of facts. If the
person found liable for a violation failed to timely request that the
administrative hearing be electronically recorded, then that person has waived
the right to appeal the administrative order. If the person found liable for a
violation timely requested that the administrative hearing be electronically
recorded and, through no fault of the person, the recording of the hearing is
either unavailable or cannot be transcribed, then the municipal judge shall
reverse the hearing officer's order and remand the matter to the hearing
officer for a new administrative hearing.
   (g)   Upon receiving the record of the administrative hearing, the municipal
judge shall review the record and may grant relief from the administrative
order only if the record reflects that the appellant's substantial rights have
been prejudiced because the administrative order is:
      (1)   in violation of a constitutional or statutory provision;
      (2)   in excess of the hearing officer's statutory authority;
      (3)   made through unlawful procedure;
      (4)   affected by another error of law;
      (5)   not reasonably supported by substantial evidence considering the
reliable and probative evidence in the record as a whole; or
      (6)   arbitrary or capricious or characterized by an abuse of discretion
or a clearly unwarranted exercise of discretion.
   (h)   The municipal judge shall rule on the appeal within 21 calendar days
after receiving the record of the administrative hearing. The municipal judge
shall affirm the administrative order of the hearing officer unless the record
reflects that the order violates one of the standards in Subsection (g) of this
section. If the record reflects that the hearing officer's order violated one
of the standards in Subsection (g), the municipal judge may either:
      (1)   reverse the hearing officer's order and find the appellant not
liable;
      (2)   reverse the hearing officer's order and remand the matter to the
hearing officer for a new hearing; or
      (3)   affirm the order, but reduce the amount of the administrative
penalties assessed to no lower than the minimum penalty established by
ordinance for the particular violation, including the additional $36
administrative penalty.
   (i)   The municipal judge's ruling on the appeal must be issued in writing
and filed with the municipal court clerk. A copy of the ruling must be sent to
the appellant by regular United States mail at the last known address of the
appellant as provided to the municipal court for the appeal.
   (j)   The municipal judge's ruling is a final judgment. If an appeal bond
was posted, any administrative penalties, fees, or court costs assessed by the
municipal judge or by the hearing officer, if affirmed by the municipal judge,
will be deducted from the appeal bond. If no appeal bond was posted, any
administrative penalties, fees, or court costs assessed by the municipal judge
or by the hearing officer, if affirmed by the municipal judge, must be paid
within 30 calendar days after the municipal judge's ruling is filed with the
municipal court clerk. If not timely paid, such penalties, fees, and court
costs may be referred to a collection agency and the cost to the city for the
collection services will be assessed as costs, at the rate agreed to between
the city and the collection agency, and added to the judgment. The city may
enforce the municipal judge's ruling by filing a civil suit for collection of
the administrative penalties, fees, and court costs and/or by obtaining an
injunction to prohibit specific conduct that violates the ruling or to require
specific conduct necessary for compliance with the ruling. (Ord. Nos. 25927;
30236)
SEC. 27-16.21.   DISPOSITION OF ADMINISTRATIVE PENALTIES, FEES, AND COURT
COSTS.
   (a)   Except as provided in Subsection (b), administrative penalties, fees,
and court costs assessed under this article must be paid into the city’s
general fund for the use and benefit of the city.
   (b)   From the administrative penalties assessed under this article, $36 for
each violation (other than a violation of Section
49-21.1 of this code) for which a person is found liable must be deposited into
the Dallas Tomorrow Fund established in Section
27-16.22 of this article or the Dallas Animal Welfare Fund established under
Section
7-8.4 of
Chapter 7 of this code, as applicable. (Ord. Nos. 25927; 29403; 29618)
SEC. 27-16.22.   DALLAS TOMORROW FUND.
   (a)   The Dallas Tomorrow Fund is composed of:
      (1)   all Dallas Tomorrow Fund penalties collected under Section
27-16.21(b) of this article;
      (2)   30 percent of all civil penalties collected by the city for civil
lawsuits filed in the municipal court under Subchapter B, Chapter 54 of the
Texas Local Government Code, as amended, or under Chapter 214 of the Texas
Local Government Code, as amended; and
      (3)   any funds donated by an individual or entity, any of which
donations may be refused by a majority vote of the city council.
   (b)   The Dallas Tomorrow Fund must be used for the sole purpose of
rehabilitating and repairing properties and premises in the city for persons
who are found by the Dallas Tomorrow Fund administrator to be financially
unable to comply with a notice of violation issued by the director under this
chapter. (Ord. Nos. 25927; 30236)
SEC. 27-16.23.   ADMINISTRATION OF THE DALLAS TOMORROW FUND.
   (a)   The city manager shall appoint an administrator of the Dallas Tomorrow
Fund. The administrator shall adopt policies and procedures consistent with
this article for the administration of the fund.
   (b)   To be eligible to receive funds from the Dallas Tomorrow Fund, a
person must:
      (1)   have received a notice of violation of this chapter from the
director;
      (2)   have been found by the administrator of the Dallas Tomorrow Fund to
be financially unable to comply with the notice of violation;
      (3)   file a request with the Dallas Tomorrow Fund administrator for the
purpose of rehabilitating and/or repairing the person's property or premises
until it complies with the notice of violation; and
      (4)   not have received funds from the Dallas Tomorrow Fund within the
preceding 60 months.
   (c)   A person who makes a request to the Dallas Tomorrow Fund administrator
is voluntarily requesting that the administrator use the fund to rehabilitate
and/or repair the person's property or premises for the sole purpose of
bringing the property or premises into compliance with the notice of violation.
   (d)   The administrator is responsible for ensuring that the property or
premises is inspected and that a detailed, written project plan is prepared
that includes the work proposed, the amount of time the work will take, and the
cost of the work. The project plan must include only the work necessary to
bring the property or premises into compliance with the notice of violation.
   (e)   A person who files a request with the Dallas Tomorrow Fund
administrator does so voluntarily. Before the work on the property or premises
begins, the person who filed the request must confirm in writing that he or
she:
      (1)   inspected the project plan;
      (2)   approved the project plan; and
      (3)   has understood that he or she has the right to withdraw the request
at any time by providing written notice to the Dallas Tomorrow Fund
administrator.
   (f)   If the person continues with the request, the person must indemnify
the city against any liability resulting from the project, any damages that may
occur related to the project, and any damages resulting from any early
termination of the project.
   (g)   The administrator shall comply with state law in procuring a
contractor to rehabilitate and/or repair the property or premises in accordance
with the project plan.
   (h)   The contractor selected by the Dallas Tomorrow Fund administrator has
the right to terminate the project at any time pursuant to their contractual
agreement and pursuant to policies and procedures adopted by the administrator.
Any termination notice must be in writing. The city has no obligation, and is
not liable, for any subsequent rehabilitation and/or repair of the property or
premises as a result of the termination.
   (i)   If the project is terminated prior to completion for any reason, the
administrator may disburse money from the Dallas Tomorrow Fund to pay the
contractor for work completed by the contractor.
   (j)   Once the administrator certifies that the project is completed, the
administrator shall notify the code officer who wrote the notice of violation
and the officer's district manager in writing. The project must then be
inspected by the city for the sole purpose of determining whether the property
or premises complies with the notice of violation. If the city inspector
determines that the property or premises does not comply with the notice of
violation, then the city inspector shall send written notice to the
administrator that the project is not completed and describe the work that is
required before the project will be considered completed. At that point, the
administrator shall ensure that the selected contractor will continue the
project until once again certifying that the project is completed, at which
time the project will again be inspected by the city for the sole purpose of
determining whether the property or premises complies with the notice of
violation.
   (k)   The administrator may only initiate project plans for projects costing
$20,000 or less. No project plan may be initiated by the administrator unless
the project cost is less than or equal to the amount in the Dallas Tomorrow
Fund at any one time. The administrator shall produce a biannual report of
available funds and appropriated funds in the Dallas Tomorrow Fund. If the fund
is temporarily out of money, the administrator may not initiate a project plan
until such time as there are additional funds equal to or exceeding the amount
of the project's cost. If during work on the project, additional funds are
needed in order to ensure that the property or premises complies with the
notice of violation, the administrator may approve additional funds, not to
exceed 25 percent of the maximum project amount allowed by this subsection, for
work that was necessary to bring the property or premises into compliance with
the notice of violation, but that was not anticipated in the original project
plan. Substantial changes to the project plan must be approved in writing by
the person who filed the request with the Dallas Tomorrow Fund administrator.
(Ord. Nos. 25927; 29618; 30236)
ARTICLE V.
PUBLIC SAFETY NUISANCE.
SEC. 27-17.   PUBLIC SAFETY NUISANCE.
   (a)   An unsafe property is a public safety nuisance and subject to
abatement in accordance with Section
31-10. For purposes of this section, UNSAFE PROPERTY means any property that:
      (1)   either:
         (A)   has received a citation in the previous 12 months for violating
Sections
27-11(c)(6), (d)(12), (d)(17), (h), or (j); or
         (B)   qualifies as a habitual criminal property or a habitual nuisance
property as defined in
Article VIII; and
      (2)   is located in an area identified by the office of integrated public
safety solutions as being elevated risk by the risk terrain model. RISK TERRAIN
MODEL means the risk assessment technique and diagnostic method for identifying
the spatial attractors of criminal behavior and environmental factors that are
conducive to crime.
   (b)   Unsafe properties must implement CPTED principles. CPTED means crime
prevention through environmental design and is a multi-disciplinary approach to
reducing criminal behavior through environmental design by integrating the
following concepts, among others, on property: natural surveillance that
eliminates hiding places for people to engage in crime unnoticed; clear
delineation of private space from public space; and controlled access onto
private property. (Ord. 32344)
SECS. 27-18 THRU 27-23. (Repealed by Ord. 25522)
ARTICLE VI.
MASTER METERED UTILITIES.
SEC. 27-24.   DEFINITIONS.
   In this article:
   (1)   MASTER METERED APARTMENT BUILDING means a building or group of
buildings on a single premise containing three or more dwelling units that are
leased to occupants who are provided one or more utility services for which
they do not pay the utility company directly.
   (2)   PROPERTY MANAGER means the person, firm, or corporation that collects
or receives rental payments, or has responsibility for paying utility bills for
a master metered apartment building.
   (3)   UTILITY COMPANY means the entity providing gas, electric, or water and
wastewater service to a master metered apartment building.
   (4)   UTILITY INTERRUPTION means the termination of utility service to a
master metered apartment building by a utility company for nonpayment of billed
service. (Ord. Nos. 16232; 18591; 19234; 30236)
SEC. 27-25.   RECORDS OF OWNERSHIP AND MANAGEMENT MAINTAINED BY UTILITY
COMPANIES.
   (a)   Before providing utility service to a new account at a master metered
apartment building, a utility company shall obtain the names and addresses of:
      (1)   the owner or owners of the building;
      (2)   the property manager responsible for paying the utility bills; and
      (3)   the first lienholder, if any.
   (b)   The utility company shall maintain a record of the information
obtained under Subsection (a) and shall make it available to the director upon
request.
   (c)   The applicant for utility service shall provide the information
required in Subsection (a) to the utility company. (Ord. Nos. 16232; 18591;
19234)
SEC. 27-26.   NOTICE TO TENANTS.
   (a)   The owner or property manager of a master metered apartment building
shall post and maintain a notice in accordance with Subsection (b) containing
the name, address, and telephone number of the person with authority and
responsibility for making payment to the utility companies for utility bills.
The owner or property manager shall correct the notice within 10 days of any
change in the information given in the notice.
   (b)   The notice must be posted in a conspicuous place in a common area of
the master metered apartment building so that it is accessible to tenants at
all times, easily readable, protected from the weather, and visible from the
common area. For the purpose of this section a common area includes, but is not
limited to, a common corridor or passageway, a laundry room, the area adjacent
to a grouped mail box location, or an area adjacent to the manager’s office.
   (c)   For the purpose of this section the notice may be placed on the inside
of a glass door or window in the manager’s office or a tenant’s apartment so
long as all requirements of Subsection (b) are met.
   (d)   A person commits an offense if he knowingly removes or mutilates a
posted notice required under Subsection (a).
   (e)   It is a defense to prosecution under Subsection (d) if the person was
authorized by the owner or property manager to replace the notice in order to
correct the information. (Ord. Nos. 16232; 18591; 19234)
SEC. 27-27.   NOTICE OF UTILITY INTERRUPTION.
   (a)   A utility company shall make a reasonable effort (including, but not
limited to messenger delivery) to provide notice of a pending utility
interruption to tenants of a master metered apartment building.
   (b)   A person commits an offense if he knowingly:
      (1)   interferes with an employee of a utility company posting notices of
a utility interruption at dwelling units of a master metered apartment
building; or
      (2)   removes a notice of utility interruption posted at a dwelling unit
of a master metered apartment building.
   (c)   It is a defense to prosecution under Subsection (b)(2) that the person
is the resident of the dwelling unit from which notice was removed.
   (d)   A utility company shall notify the city attorney of any utility
interruption to a master metered apartment dwelling unit resulting from a
violation of Section
27-28 of this article. Notice must be given, in writing, not more than three
days after utility service is interrupted.
   (e)   A person who is responsible for bills received for electric utility
service or gas utility service provided to an apartment, a leased or owner-
occupied condominium, or one or more buildings containing at least 10 dwellings
that receive electric utility service or gas utility service that is master
metered but not submetered, shall comply with the notice requirements in
Subchapter G of Chapter 92 of the Texas Property Code, as amended. (Ord. Nos.
16232; 18591; 19234; 25522; 30236)
SEC. 27-28.   NONPAYMENT OF UTILITY BILLS - ESSENTIAL UTILITY SERVICE.
   (a)   The owner or property manager of a master metered apartment building
commits an offense if he fails to pay a utility bill and the nonpayment results
in the interruption to any dwelling unit of a utility service essential to the
habitability of the dwelling unit and to the health of the occupants. Essential
utility services are gas, electric, and water and wastewater services.
   (b)   The owner or property manager of a master metered apartment building
who violates Subsection (a) is guilty of a separate offense for each dwelling
unit to which utility service is interrupted.
   (c)   It is a defense to prosecution under this section that the tenant
occupying a dwelling unit to which utility service is interrupted is in arrears
in rent to the owner or property manager of the master metered apartment
building. (Ord. Nos. 18591; 19234; 25522)
ARTICLE VII.
REGISTRATION AND INSPECTION OF RENTAL PROPERTIES AND CONDOMINIUMS.
SEC. 27-29.   AUTHORITY OF DIRECTOR.
   The director shall implement and enforce this article and may by written
order establish such rules, regulations, or procedures, not inconsistent with
this article, as the director determines are necessary to discharge any duty
under or to effect the policy of this article. (Ord. Nos. 22205; 22695; 24481;
25522; 30236)
SEC. 27-30.   REGISTRATION AND POSTING REQUIREMENTS; DEFENSES.
   (a)   The owner of a rental property located in the city commits an offense
if he operates the rental property or otherwise allows a dwelling unit in a
rental property to be occupied or leased without first submitting a rental
registration application or annual renewal application that fully complies with
Section
27-31 of this article.
   (b)   A condominium association commits an offense if it governs, operates,
manages, or oversees a condominium or its common elements without first
submitting a rental registration application or annual renewal application that
fully complies with Section
27-31 of this article.
   (c)   A person commits an offense if he, as a landlord or property manager,
allows a dwelling unit in a rental property to be occupied or leased without
first submitting a rental registration application or annual renewal
application that fully complies with Section
27-31 of this article.
   (d)   A person commits an offense if he, as an owner, landlord, or property
manager of a multitenant property or condominium association, fails to post, in
a conspicuous place in a common area of the property or as otherwise approved
by the director, the certificate of inspection score issued by the director.
   (e)   A person commits an offense if he, as an owner, landlord, or property
manager of a multitenant property, fails to provide each tenant, upon request,
with a copy of the rules of the multitenant property.
   (f)   A person commits an offense if he, as an owner, landlord, or property
manager of a multitenant property, operates that property or otherwise allows a
dwelling unit in that property to be occupied or leased without employing a
full-time manager to oversee the day-to-day operations of the property, if the
property has 12 or more units.
   (g)   It is a defense to prosecution under this section that:
      (1)   at the time of notice of violation, no dwelling units in the rental
property are leased or offered for lease and the owner of the rental property
has filed with the director an exemption affidavit on a form provided by the
director;
      (2)   at the time of notice of violation, the owner of the single
dwelling unit rental property had rented the property to tenants for a total of
no more than 30 consecutive days during the preceding 12 months;
      (3)   at the time of the notice of violation, the only tenants living in
the single dwelling unit rental property are individuals related to the owner
by consanguinity or affinity;
      (4)   at the time of the notice of violation, the owner of a single
dwelling unit rental property had a homestead exemption for the property on
file with the county appraisal district in which the rental property is
located; or
      (5)   at the time of the notice of violation:
         (A)   the property was registered as a short-term rental in accordance
with
Chapter 42B; and
         (B)   applicable hotel occupancy taxes levied on the property under
Articles V and
VII of Chapter 44 had been collected and remitted in full. (Ord. Nos. 22205;
22695; 24481; 25522; 30236; 32058; 32473)
SEC. 27-31.   REGISTRATION; FEES; RENEWAL.
   (a)   Rental properties and condominium associations must provide a complete
registration to the director annually.
   (b)   A registration application for a multitenant property, single dwelling
unit rental property or condominium association that was not previously
required to register must be submitted before the owner leases the property or
before any condominium units are occupied.
   (c)   Rental registration expires one year after the registration date.
   (d)   The annual registration fee, which includes the initial inspection
fee, for a multitenant property is an amount equal to $6.00 times the total
number of dwelling units, whether occupied or unoccupied, in the multitenant
property.
   (e)   The annual registration fee for a single dwelling unit rental property
is:
      (1)   $53 between October 1, 2023 and September 30, 2024 per single
dwelling unit rental property.
      (2)   $64 between October 1, 2024 and September 30, 2025 per single
dwelling unit rental property.
      (3)   $74 on or after October 1, 2025 per single dwelling unit rental
property.
   (f)   No refund or prorating of a registration fee will be made.
   (g)   A registrant shall keep the information contained in its registration
application current and accurate. If there is any change in the application
information, the registrant shall promptly notify the director in writing of
the changes in information.
   (h)   A registration may be renewed by making application for a renewal in
accordance with this article on an electronic form provided by the director. In
the application for renewal the registrant shall certify that all information
in the then-current registration application is still accurate as of the date
of the renewal application or correct any information that is not accurate as
of the date of the renewal application. (Ord. Nos. 22205; 22695; 24481; 25522;
26455; 27458; 29306; 29753; 30236; 32058; 32556)
SEC. 27-32.   REGISTRATION APPLICATION.
   An owner, landlord, or property manager of a condominium association, single
dwelling rental unit, or multitenant property must submit to the director a
registration application on an electronic form provided for that purpose by the
director. The application must contain the following true and correct
information:
      (1)   the name, mailing address, email address, and telephone number for:
         (A)   the owner of the rental property being registered or the name of
the condominium association being registered;
         (B)   the person or persons who can be contacted 24 hours a day, seven
days a week in the event of an emergency condition on the rental property. An
emergency condition includes any fire, natural disaster, collapse hazard, burst
pipe, lack of working utilities, serious police incident, or other condition
that requires an immediate response to avoid or minimize potential harm to the
rental property, neighboring property, the occupants of the property, or the
public.
         (C)   if the owner is not a natural person, then an agent, employee,
or officer of the owner or condominium association authorized to receive legal
notices and service of legal process on behalf of the owner or condominium
association, 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;
         (D)   the holder of any deed of trust or mortgage lien on the rental
property being registered;
         (E)   any insurance carriers providing casualty insurance to the owner
covering the rental property or condominium association being registered;
         (F)   any agent, employee, officer, landlord, property manager, and
other person in control of, managing, or operating the rental property or
condominium association on behalf of the owner or condominium association; and
      (2)   if the property being registered is part of a multitenant property
or condominium association:
         (A)   the name, all legal addresses comprising the property, and the
main telephone number, if any, of the property;
         (B)   the number of dwelling units, buildings, and swimming pools
located on the property and the total number of bedrooms located on the
property (a dwelling unit with no separate bedroom will be counted as one
bedroom); and
         (C)   the name, mailing address, telephone number, and email address
for any condominium association applicable to the property;
      (3)   if the owner of the rental property 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;
      (4)   a photocopy of the owner's current driver's license or other
government-issued personal identification card containing a photograph of the
owner, if the owner is a natural person; and
      (5)   any additional information the registrant desires to include or
that the director deems necessary to aid in the determination of whether the
registration application will be deemed complete. (Ord. Nos. 22205; 22695;
22906; 24481; 25522; 27695; 28019; 28423; 29879; 30236; 32058)
SEC. 27-33.   REVIEW AND ACCEPTANCE OF REGISTRATION APPLICATION.
   (a)   Upon receiving a registration application, the director shall review
the application for completeness.
   (b)   If the director finds that the registrant submitted a complete
application and paid the correct annual registration fee, the director shall
promptly notify the registrant that his or her application has been received
and found to be complete.
   (c)   If the director finds that the registrant has failed to submit a
complete application or pay the annual registration fee or that any of the
information on the application is materially incorrect or misleading, the
director shall promptly notify the registrant that the application is defective
or incomplete and the director shall list the defects or missing items. (Ord.
Nos. 22205; 22695; 24481; 25522; 27458; 30236)
SEC. 27-34.   RESERVED.
   (Repealed by Ord. 30236)
SEC. 27-35.   RESERVED.
   (Repealed by Ord. 30236)
SEC. 27-36.   RESERVED.
   (Repealed by Ord. 30236)
SEC. 27-37.   RESERVED.
   (Repealed by Ord. 30236)
SEC. 27-38.   REGISTRANT’S RECORDS.
   (a)   Each registrant shall maintain at a single location the business
records of the rental property or condominium association being registered. If
the registrant refuses to make those records available for inspection by the
director or a peace officer, the director or peace officer may seek a court
order to inspect the records.
   (b)   Records that must be maintained by the registrant include:
      (1)   the current certificate of occupancy issued for the rental
property, if required;
      (2)   deeds or other instruments evidencing ownership for the rental
property;
      (3)   a current rental registration application or renewal application;
      (4)   the pool logs, pool permits, and manager of pool operation
certificates for any swimming pool on the rental property, if required;
      (5)   leases or rental agreements applicable to the rental property;
      (6)   the crime prevention addendum for each tenant of the property, as
required under Section
27-43 of this article;
      (7)   records of attendance at four crime watch meetings in the last
calendar year, as required by Section
27-44 of this article, unless the property has not been operated as a rental
property during part of the last calendar year;
      (8)   a record of each tenant complaint, describing the complaint and how
the complaint was resolved, and which record can only be viewed by the current
tenant of the unit complained of and by the city, upon the city's request;
      (9)   a copy of the inspection report described in Section
27-32(b)(5) of this article; and
      (10)   any other records deemed necessary by the director for the
administration and enforcement of this article. (Ord. Nos. 22205; 22695; 24481;
25522; 29306; 30236; 32058)
SEC. 27-39.   REQUIRED EMERGENCY RESPONSE.
   (a)   An owner of a rental property and a condominium association shall
provide the director with the name, 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 on the property. An emergency condition includes any
fire, natural disaster, collapse hazard, burst pipe, lack of working utilities,
serious police incident, or other condition that requires an immediate response
to prevent harm to the property, the occupants of the property, or the public.
   (b)   The owner of the rental property and a condominium association shall
notify the director within 10 days of any change in the emergency response
information.
   (c)   The owner of a rental property or condominium association, or an
authorized agent thereof, must arrive at the property within one hour after the
contact person named in the registration application is notified by the city or
emergency response personnel that an emergency condition has occurred on the
property. (Ord. Nos. 25522; 30236)
SEC. 27-40.   FAILURE TO PAY AD VALOREM TAXES.
   A registrant, excluding a condominium association, for a property subject to
registration under this article shall not allow the payment of ad valorem taxes
owed in connection with the property to become delinquent. (Ord. Nos. 22205;
22695; 24481; 25522; 30236)
SEC. 27-41.   RESERVED.
   (Repealed by Ord. 30236)
SEC. 27-42.   PROPERTY INSPECTION; INSPECTION AND REINSPECTION FEES; SELF-
CERTIFICATION PROCESS.
   (a)   The director shall conduct a graded inspection of each multitenant
property at least once every three years; but not more frequently than once a
year. Graded inspections may be conducted more frequently by the director, when
determined to be in the interest of the public health, safety, and welfare. The
director, in accordance with Subsection (d) of this section, shall also conduct
any subsequent inspections of any property failing the graded inspection. The
director may conduct nongraded comprehensive inspections on a multitenant
property at any time the director deems necessary. The director, in accordance
with Subsection (e) of this section, may allow a multitenant property owner to
conduct a self-certification inspection of the property.
      (1)   After completing a graded inspection, the director shall timely
issue the property owner or manager a certificate of inspection that includes
the inspection score.
      (2)   Multitenant properties that were constructed and issued a
certificate of occupancy within the preceding five years are not subject to a
graded inspection.
   (b)   The director shall conduct an inspection of each single dwelling unit
rental property at least once every five years. The director may conduct
inspections of single dwelling rental properties at any time the director deems
necessary when determined to be in the interest of the public health, safety,
and welfare. The director, in accordance with Subsection (e) of this section,
may allow a single dwelling unit rental property owner to conduct a self-
certification inspection of the property.
   (c)   The inspections conducted pursuant to this section are in addition to
any inspections conducted under Section
27-5 of this chapter.
   (d)   The director may use a property condition assessment tool to determine
the frequency and the scope of graded inspections. If a property fails its
graded inspection, or if the graded inspection reveals a condition the director
determines to be a nuisance, the owner will be assessed fee for all subsequent
inspections of the property conducted for the purposes of determining whether
the owner has abated the nuisance or cured the deficiencies noted in the graded
inspection. Inspection fees will be assessed as follows:
      (1)   For a multitenant property, a re-inspection of the exterior and any
common area(s): $114 for each separate structure inspected.
      (2)   For a multitenant property, re-inspection of the interior: $96 for
each unit actually re-inspected.
      (3)   For re-inspection of a single dwelling unit rental property: $43
per single dwelling unit rental property.
      (4)   For a multitenant property, a re-inspection of swimming pool: $74
for each swimming pool re-inspected.
   (e)   The following process is required to qualify for the voluntary self-
certification process for rental properties deemed eligible by the director:
      (1)   Single dwelling unit and multitenant registrants, property owners,
or authorized agents:
         (A)   may choose a self-certification inspection at the time of
application and payment for rental registration;
         (B)   shall at the commencement of any tenancy, but prior to occupancy
by the tenant, conduct an interior and exterior inspection of each rental unit
and correct any deficiencies;
         (C)   shall have the tenant sign the director approved inspection form
upon the completion of every inspection;
         (D)   shall, if deemed eligible by the director, conduct annual
inspections of each rental unit;
         (E)   shall maintain director approved self-inspection forms for no
less than five years from the date any tenant vacates the property;
         (F)   shall provide inspection forms to the director within 72 hours
of a request from the director;
         (G)   shall provide a copy of all inspection forms and results
required in this subsection to the tenant no later than 10 calendar days after
the inspection is completed; and
         (H)   shall provide tenants with information concerning tenants'
rights and responsibilities on a form approved by the director prior to the
commencement of any tenancy.
      (2)   The director may conduct random audits of rental registrations to
determine compliance with the self-certification inspection provisions. If the
director determines the owner is not compliant with the self-certification
inspections, all rental units that were subject to the self-certification is
subject to inspection by the director using the approved form.
   (f)   For failure to have or display, at any time, required documentation,
including, but not limited to, permits, notices, licenses, records, or
certificates of occupancy, the fee is $146 multiplied by the total number of
units in multitenant property.
   (g)   The director shall provide the lists of the current graded inspection
scores and approved self-certified inspections for all registered rental
multitenant properties on the city's website. (Ord. Nos. 22205; 22695; 24481;
25522; 26598; 27185; 27695; 29879; 30236; 31332; 32058; 32556)
SEC. 27-42.1.   REVOCATION OF CERTIFICATE OF OCCUPANCY.
   Where a multitenant property is used or maintained in a manner that poses a
substantial danger of injury or an adverse health impact to any person or
property and is in violation of this ordinance, the Dallas Development Code,
other city ordinances, rules or regulations, or any local, state, or federal
laws or regulations, the director may ask the building official to revoke the
multitenant property's certificate of occupancy. (Ord. 30236)
SEC. 27-43.   CRIME PREVENTION ADDENDUM REQUIRED.
   (a)   The owner of a multitenant property shall require that every lease or
rental agreement, or renewal of a lease or rental agreement, executed after
September 1, 2004 include a crime prevention addendum complying with this
section.
   (b)   The owner of a single dwelling unit rental property shall require that
every lease or rental agreement, or renewal of a lease or rental agreement,
executed after January 1, 2017, include a crime prevention addendum complying
with this section.
   (c)   The crime prevention addendum must include the following information:
      (1)   The name, date of birth, driver's license number (or, if the person
does not have a driver's license, the number on any other government-issued
personal identification card containing a photograph of the person), and
signature of the tenant named in the lease or rental agreement and, if the
tenant will not be occupying the rental property, the name, date of birth,
driver's license number (or, if the person does not have a driver's license,
the number on any other government-issued personal identification card
containing a photograph of the person), and signature of the tenant or tenants
who will be occupying the property. The signatures required on the crime
prevention addendum must be separate and apart from the signatures used to
execute other provisions of the lease or rental agreement.
      (2)   A statement advising the tenant or tenants that the owner of the
rental property will initiate eviction proceedings if the tenant, or any guest
or co-occupant of the tenant, engages in any abatable criminal activity on the
premises of the rental property, as described in Subsection (d) of this
section.
   (d)   For purposes of this section, an abatable criminal activity includes
robbery or aggravated robbery; aggravated assault; murder; prostitution;
criminal gang activity; discharge of firearms; gambling; illegal manufacture,
sale, or use of drugs; illegal manufacture or sale of alcoholic beverages; and
other crimes listed in Chapter 125 of the Texas Civil Practice and Remedies
Code, as amended.
   (e)   It is a defense to prosecution under Subsection (a) of this section
that the owner of the multitenant property used a Texas Apartment Association
lease contract for the lease or lease renewal. (Ord. Nos. 25522; 25774; 30236)
SEC. 27-44.   ATTENDANCE AT CRIME WATCH SAFETY MEETINGS.
   (a)   The owner of a multitenant property shall attend at least four crime
watch meetings each calendar year. The meetings attended must be held by crime
watch organizations consisting of business owners, single-family residential
property owners, or managers, employees, or tenants of multifamily dwellings,
or any combination of those groups, gathered for the purpose of improving the
quality of life in and around the properties, promoting crime prevention,
reducing criminal opportunity, and encouraging cooperation with the Dallas
Police Department. A crime watch attendance certificate, provided by a crime
watch chair, verifying that the crime watch meeting was attended by the owner
of the multitenant property, or by the person designated to attend meetings for
the property, must be maintained with the property's records and submitted to
the director upon request.
   (b)   If unable to personally attend every crime watch meeting required by
this section, the owner of a multitenant property may designate another person
to attend the meetings. A person may not be designated to attend crime watch
meetings for more than five separate multitenant properties. (Ord. Nos. 24481;
25522; 27458; 29306; 30236; 32058)
SEC. 27-44.1.   PRESUMPTIONS.
   (a)   Unless otherwise provided in this article, 30 business days is deemed
prompt and sufficient notice by the city.
   (b)   Any notice to be provided by the city pursuant to this article shall
be deemed effective when personally delivered to the intended addressee or
mailed by first class U.S. mail, certified mail, return receipt requested,
addressed to the intended addressee at the last applicable address provided in
the registration of the rental property in question. 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.
   (c)   Notices delivered to one tenant of a dwelling unit in a rental
property shall be deemed effective as to all tenants and occupants of that
dwelling unit.
   (d)   Notice delivered to one owner of a rental property shall be deemed
effective as to all owners of a rental property.
   (e)   Notice to an owner of a rental property shall be deemed effective if
made to an agent, employee, officer, landlord, or property manager authorized
to act on behalf of the owner or identified in the registration for the rental
property. For purposes of this article, an owner may act by and through an
agent, employee, officer, landlord, or property manager authorized to act on
behalf of the owner or identified in the registration for a rental property for
that purpose.
   (f)   Notice to a condominium association with respect to common areas or
exteriors of a condominium shall be effective as to all owners with an interest
in that common area or those exteriors. If there is not a condominium
association existing and in good standing with authority over common areas or
exteriors of a condominium, notice to an owner of a common interest in the
common areas or exterior shall be effective as to all other owners with a
common interest in the common area or exterior.
   (g)   In lieu of originals, true and correct copies of any instruments or
documents required of an owner or registrant shall be sufficient.
Notwithstanding the foregoing, affidavits submitted to the city must bear the
original signatures of the affiant and the authority who administered the oath.
   (h)   Any affidavits required in connection with this article must be made
by a natural individual having personal knowledge of the matters certified and
duly signed and sworn to under oath before an authority authorized to
administer oaths. (Ord. 30236)
ARTICLE VIII.
HABITUAL CRIMINAL AND NUISANCE PROPERTIES.
SEC. 27-45.   PURPOSE.
   (a)   Consistent with the findings of fact in Section
27-1 of this chapter, the purpose of this article is to protect the health,
safety, and welfare of the people of the city of Dallas by obtaining an owner's
compliance with minimum property conditions and lawful operations, which
compliance is likely to reduce certain criminal activity on property where that
criminal activity is so prevalent as to render the property a habitual criminal
property or a habitual nuisance property. Reducing the crime rate in the city
of Dallas is essential to making properties safe, sanitary, and fit for human
habitation and for improving quality of life for occupants of surrounding
properties.
   (b)   This article does not create a private cause of action or expand
existing tort liability against a property owner. This article is not a
prerequisite to any suit and does not in any way impair the city's ability to
file a lawsuit under Chapter 125 of the Texas Civil Practice and Remedies Code,
as amended, or under any other law. (Ord. Nos. 30714; 32057)
SEC. 27-46.   DEFINITIONS.
   In this article:
      (1)   ABATABLE CRIMINAL ACTIVITY means those activities listed in Chapter
125 of the Texas Civil Practice and Remedies Code, as amended. The term does
not include crimes of family violence.
      (2)   CHIEF OF POLICE OR CHIEF means the chief of the police department
of the city or the chief's designee.
      (3)   CODE VIOLATIONS mean violations of the following provisions of the
Dallas City Code:
         (A)   Section 107.6, "Overcrowding," of
Chapter 16, "Dallas Fire Code."
         (B)   Section
7A-18, "Duty to Maintain Premises Free from Litter."
         (C)   Section
18-13, "Growth to Certain Height Prohibited; Offenses."
         (D)   Subsections (c) through (j) of Section
27-11, "Minimum Property Standards; Responsibilities of Owner," of
Chapter 27, "Minimum Property Standards."
         (E)   Section
30-1, "Loud and Disturbing Noises and Vibrations," of
Chapter 30, "Noise."
         (F)   Section
30-4, "Loudspeakers and Amplifiers," of
Chapter 30, "Noise."
         (G)   Chapter 38A, "Promoters."
         (H)   Sections
43-126.9,
43-126.10, and
43-126.11 of Division 3, "Valet Parking Services," of
Article VI, "License for the Use of Public Right-of-Way," of
Chapter 43, "Streets and Sidewalks."
         (I)   Section
51A-6.102, "Noise Regulations," of
Article VI, "Environmental Performance Standards," of
Chapter 51A, "Dallas Development Code."
         (J)   Conditions in planned development or specific use permit
ordinances regulating outdoor live music, outdoor patios, the operation of
outdoor speakers and amplification, and hours of operation of a use.
      (4)   CPTED means crime prevention through environmental design and is a
multi-disciplinary approach to reducing criminal behavior through environmental
design by integrating the following concepts, among others, on property:
natural surveillance that eliminates hiding places for people to engage in
crime unnoticed; clear delineation of private space from public space; and
controlled access onto private property.
      (5)   DIRECTOR means the director of the department of code compliance.
      (6)   HABITUAL CRIMINAL PROPERTY means a property that is described in
Section
27-48(a).
      (7)   HABITUAL NUISANCE PROPERTY means a property that is described in
Section
27-48(b).
      (8)   OWNER means a person or entity who has ownership or title of real
property, 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. (Ord. Nos. 30714;
32057; 32239; 32329)
SEC. 27-47.   AUTHORITY OF THE CHIEF OF POLICE AND DIRECTOR.
   (a)   The chief of police shall implement and enforce this article as it
pertains to abatable criminal properties and may by written order establish
such rules, regulations, or procedures, not inconsistent with this article, as
the chief of police determines are necessary to discharge any duty under or to
effect the purpose of this article as it pertains to abatable criminal
properties.
   (b)   The director, in collaboration with the chief of the fire department,
shall implement and enforce this article as it pertains to abatable nuisance
properties and may by written order establish such rules, regulations, or
procedures, not inconsistent with this article, as the director determines are
necessary to discharge any duty under or to effect the purpose of this article
as it pertains to abatable nuisance properties. (Ord. Nos. 30714; 32057)
SEC. 27-48.   PRESUMPTIONS.
   (a)   A property is presumed a habitual criminal property if the property is
the site:
      (1)   of five or more abatable criminal activities within 365 days
resulting in either a report of a law enforcement agency documenting an
investigation of an abatable criminal activity on the property or enforcement
action against any person associated with the abatable criminal activity on the
property; and
      (2)   at which persons have historically committed abatable criminal
activities, according to recent crime data.
   (b)   A property is presumed a habitual nuisance property if the property is
the site of three or more citations for code violations within 365 days.
   (c)   An owner of a habitual criminal or nuisance property is presumed to
have knowingly tolerated the abatable criminal activity or code violations at
the owner's property by failing to take reasonable steps, including those
outlined in Section
27-49(b)(1) of this chapter, as amended, to abate the abatable criminal
activity or code violations.
   (d)   The presumptions in this section are rebuttable at the accord meeting
pursuant to Section
27-49 of this chapter, as amended. (Ord. Nos. 30714; 32057)
SEC. 27-49.   ACCORD MEETING.
   (a)   If the chief of police or director determines that the presumptions in
Section
27-48 are satisfied, the chief or director shall notify the owner of the
property, in writing, of the chief's or director's preliminary determination
and shall provide the owner with notice to attend an accord meeting. The notice
must include a copy of this article.
   (b)   At the accord meeting, the following applies:
      (1)   The presumed owner may present evidence that the person is not the
owner or that the owner has taken reasonable steps to abate the abatable
criminal activity or code violations, including, without limitation, that the:
         (i)   owner has implemented CPTED principles at the property;
         (ii)   owner has implemented monitoring and surveillance systems at
the property;
         (iii)   owner is in compliance with all regulations governing the
owner's business;
         (iv)   owner is enforcing lease clauses related to reducing abatable
criminal activity or code violations, such as tenant screening, enforcement of
property rules, and regular tenant verification;
         (v)   owner is communicating abatable criminal activity to the chief
and cooperating with the chief, as requested;
         (vi)   owner is demonstrating to the director that the owner is taking
proactive steps to abate code violations on the property; and
         (vii)   property is in compliance with the standards set out in this
code.
      (2)   The city attorney may attend the meeting as the chief's or
director's legal counsel and the owner may bring his or her legal counsel.
   (c)   The chief or director shall make all reasonable efforts to schedule
the accord meeting during a time when the owner is available but not later than
30 days from the date the accord meeting notice is deemed received or is
actually received by the owner, whichever date is sooner.
   (d)   Not later than 30 days after the date of the accord meeting, the chief
or director shall provide the owner with notice of the chief's or director's
final determination as to the presumptions under Section
27-48. Notwithstanding the foregoing, upon request of the owner during the
accord meeting, the chief or director may delay the notice of determination up
to 60 days after the accord meeting, during which time the owner may present
additional evidence under Section
27-49(b)(1). If the owner does not appear for the accord meeting, the chief's
or director's determination is final as of the date of the accord meeting
provided in the notice.
   (e)   An owner who is provided notice pursuant to this article commits an
offense if the owner fails to attend an accord meeting. (Ord. Nos. 30714;
32057)
SEC. 27-50.   ANNUAL REVIEW.
   Each year, not later than 30 days after the date the chief's or director's
determination as to the presumptions under Section
27-48 are final, the chief or director shall send a notice to the owner as to
whether the presumptions under Section
27-48 are still satisfied. The chief or director may, at any time, determine
that the presumptions under Section
27-48 are no longer satisfied and shall then notify the owner of the chief's
determination. (Ord. Nos. 30714; 32057)
SEC. 27-51.   APPEAL FROM CHIEF'S OR DIRECTOR'S DETERMINATION.
   (a)   The chief's or director's determinations under Sections 27-49 and 27-
50 are final unless the owner files a written appeal to the permit and license
appeal board. The appeal must be filed with the city secretary not later than
10 calendar days after the date the owner receives notice of the chief's or
director's final determination. A person who does not attend the accord meeting
is not entitled to an appeal under this section for one year after the accord
meeting date in the notice. Only the owner is entitled to an appeal under this
article.
   (b)   If a written request for an appeal hearing is filed under Subsection
(a) with the city secretary within the 10-day limit, the permit and license
appeal board shall hear the appeal. The city secretary shall set a date for the
hearing not later than 30 days after the date the appeal is filed.
   (c)   In deciding the appeal, the permit and license appeal board is limited
to the issues of whether the presumptions in Section
27-48 are satisfied.
   (d)   If a conflict exists between this article and
Article IX of Chapter 2, this article controls. (Ord. Nos. 30714; 32057)
SEC. 27-52.   PLACARDING; CONDITIONS; INSPECTIONS; NOTIFICATION TO PLAN
COMMISSION.
   For a property that has been finally determined to satisfy the presumptions
in Section
27-48 the following applies:
      (1)   Placarding. The chief or director may require the owner to place a
placard provided by the city on or near the front door or at any main entrance
to the structure or dwelling unit. For multitenant and commercial properties,
the chief or director may also require the owner to place a placard in a
conspicuous place in a common area of the property.
         (A)   The placard must be visible at all times and must state one of
the following:
   "THE DALLAS POLICE DEPARTMENT HAS DECLARED THIS SITE A HABITUAL CRIMINAL
PROPERTY UNDER ARTICLE VIII, CHAPTER 27, OF THE DALLAS CITY CODE. IF YOU HAVE
QUESTIONS, PLEASE CALL DPD AT [TELEPHONE NUMBER DETERMINED BY THE CHIEF]. IF
YOU SEE SOMETHING SUSPICIOUS OCCURRING AT THIS PROPERTY OR IN AN EMERGENCY,
DIAL 911."
   "THE DALLAS DEPARTMENT OF CODE COMPLIANCE HAS DECLARED THIS SITE A HABITUAL
NUISANCE PROPERTY UNDER ARTICLE VIII, CHAPTER 27, OF THE DALLAS CITY CODE. IF
YOU HAVE QUESTIONS, PLEASE CALL CODE COMPLIANCE AT [TELEPHONE NUMBER DETERMINED
BY THE DIRECTOR]. IF YOU WITNESS VIOLATIONS PERTAINING TO NOISE, OVERCROWDING,
OR VEHICULAR TRAFFIC INTERFERENCE OCCURRING AT THIS PROPERTY, REPORT TO 311."
         (B)   A person commits an offense if the person:
            (1)   fails to place a required placard on the property and keep it
posted for the duration required by the chief director; or
            (2)   without authority from the chief or director, removes or
destroys the placard.
      (2)   Conditions. During the time a property is declared a habitual
criminal or nuisance property, the chief or director may place conditions on
the operation of the business at the property. The owner of the property and
the operator of the business are responsible for compliance with any conditions
put on the property. Some conditions the chief or director may put on the
property include but are not limited to:
         (A)   Minimum number of security guards at the property, including
parking lots, at all times or at certain times of operation.
         (B)   Patrol property and adjacent areas to monitor loitering,
vandalism, excessive noise, crowd control, and illegal acts.
         (C)   Protocols to ensure prompt and orderly crowd dispersal from the
property including on-site and off-site parking areas.
         (D)   Limit hours of entertainment activities including live music and
music disseminated by a disc jockey.
         (E)   Additional protocols, including identification scanners, to
ensure age restrictions of patrons is strictly enforced.
         (F)   Litter control protocols.
         (G)   Use of a mechanical counting device to ensure maximum occupancy
limits.
         (H)   Bar/club/restaurant training for all or certain establishment
employees.
      (3)   Inspections. The chief or director may inspect the property for
compliance with the conditions and activities in Section
27-49(b)(1) or any other condition or activity the chief or director
determines, in light of the chief's or director's training and experience, will
reduce abatable criminal activity or code violations at the property.
      (4)   Notification to city plan commission. If an establishment operates
under a specific use permit, the chief or director shall notify the city plan
commission that the property is a habitual criminal or nuisance property. (Ord.
Nos. 30714; 32057)
SEC. 27-53.   FEES.
   For a property that has been finally determined to satisfy the presumptions
in Section
27-48, the owner shall pay a monthly fee to the city according to the table
below for each month that the presumptions in Section
27-48 are satisfied. In this section, residential and nonresidential refer to
those uses as defined in the Dallas Development Code, as amended. The fees are
not refundable in whole or in part.
RESIDENTIAL                   MONTHLY FEE
(by number of dwelling units)
RESIDENTIAL                   MONTHLY FEE
(by number of dwelling units)
0-2                           $268
3-20                          $449
21-59                         $557
60-250                        $717
251-500                       $943
501-1,000                     $936
1,001 or more                 $1,054
 
 
NONRESIDENTIAL                             MONTHLY FEE
(by square footage of largest improvement)
0-4,999                                    $454
5,000-9,999                                $552
10,000-59,999                              $682
60,000-99,999                              $890
100,000 or more                            $949
 
(Ord. Nos. 30714; 32057; 32310; 32329)
SEC. 27-54.   DELIVERY OF NOTICES.
   Any notice to be provided by the city pursuant to this article shall be
deemed effective if made to the owner. Notice is effective when:
      (1)   personally delivered to the owner; or
      (2)   mailed by certified U.S. mail, with return receipt requested, and
addressed to the owner at the last address provided in the registration of the
property under
Article VII of this chapter, as amended, or, if the property is not subject to
registration under this chapter, then to the last address in the central
appraisal district records. Mailed notice shall be deemed received and
effective three days after the date of mailing whether the notice was actually
received or whether the notice was returned unclaimed or undeliverable. (Ord.
Nos. 30714; 32057)
SECS. 27-55 THRU 27-58.
(Repealed by Ord. 30236)
ARTICLE IX.
RESERVED.
SECS. 27-59 THRU 27-72.
(Repealed by Ord. 30236)
CHAPTER 28
MOTOR VEHICLES AND TRAFFIC
ARTICLE I.
IN GENERAL.
Sec.
28-1.   Short title.
Sec.
28-2.   Definitions.
Sec.
28-3.   Applicability of traffic regulations in parks, public housing projects
and public hospital grounds.
Sec.
28-4.   Authority to remove vehicles; redemption; fees.
Sec.
28-5.   Release of impounded vehicles to lienholders.
Sec.
28-5.1.   Authority to immobilize vehicles; redemption; fees.
ARTICLE II.
TRAFFIC ADMINISTRATION.
Division 1. Traffic Engineer.
Sec.
28-6.   Reserved.
Sec.
28-7.   Reserved.
Sec.
28-8.   Traffic engineer - Duties.
Sec.
28-9.   Traffic engineer - Appointment of technicians and clerical staff; fees
for services.
Sec.
28-10.   Emergency and experimental regulations.
Division 2. Traffic Division.
Sec.
28-11.   Establishment and control.
Sec.
28-12.   Duties generally.
Sec.
28-13.   Records of traffic violations.
Sec.
28-14.   Investigation of accidents.
Sec.
28-15.   Traffic accident reports.
Sec.
28-16.   Same - Submission of annual traffic safety reports.
Sec.
28-17.   Traffic accident studies.
ARTICLE III.
ENFORCEMENT AND OBEDIENCE TO TRAFFIC REGULATIONS.
Sec.
28-18.   Authority of police and fire department officials.
Sec.
28-19.   Parking enforcement officers.
Sec.
28-20.   Obedience to chapter required; penalty.
Sec.
28-20.1.   Presumption in fleeing from a police officer.
ARTICLE IV.
ACCIDENTS.
Sec.
28-21.   Intentional collisions.
Sec.
28-22.   Duty to give information and render aid.
Sec.
28-23.   Presumption in hit and run accidents.
ARTICLE V.
TRAFFIC-CONTROL DEVICES.
Sec.
28-24.   Authority to install.
Sec.
28-24.1.   Traffic barricade manual.
Sec.
28-24.2.   Fees for plan reviews and field adjustments.
Sec.
28-25.   Authorized installation presumed.
Sec.
28-26.   Parking designations; authority to install.
Sec.
28-26.1.   Bus lane designations; authority to install; prohibition; exception.
Sec.
28-27.   Manual and specifications.
Sec.
28-27.1.   Placement of crime watch signs and volunteers in patrol signs.
Sec.
28-28.   Testing under actual conditions of traffic.
Sec.
28-29.   Existing devices affirmed and ratified.
Sec.
28-30.   Display of unauthorized signs, signals or markings.
Sec.
28-31.   Interference with devices or railroad signs or signals.
Sec.
28-32.   Authority to designate crosswalks, establish safety zones and mark
traffic lanes.
Sec.
28-33.   Traffic engineer to erect signs designating pedestrianways.
Sec.
28-34.   Bicycles, motorcycles, etc., prohibited from using pedestrianways.
Sec.
28-34.1.   Installation, removal, and repair of speed bumps in alleys; fees.
ARTICLE VI.
OPERATION OF VEHICLES.
Division 1. Generally.
Sec.
28-35.   Backing into intersection prohibited.
Sec.
28-36.   Operation upon parkways.
Sec.
28-37.   Identification of funeral procession.
Sec.
28-38.   Funeral or other procession; operation of vehicles.
Sec.
28-39.   Same - Driving through prohibited.
Sec.
28-40.   Operation of motorcycles, etc.
Sec.
28-41.   Riding in portions of vehicles not designed or equipped for
passengers.
Sec.
28-41.1.   Reserved.
Sec.
28-41.1.1.   Restrictions on the use of motor assisted scootersand electric
bicycles.
Sec.
28-41.2.   Regulating the use of hand-held mobile telephones and mobile
communication devices in school zones.
Sec.
28-42.   Driving on Four-Way Place and Stone Place.
Sec.
28-42.1.   Cruising prohibited in designated areas.
Division 2. Speed Regulations.
Sec.
28-43.   Speeds greater than 30 miles per hour on public streets or 15 miles
per hour on public alleys not reasonable or prudent.
Sec.
28-44.   Streets other than expressways and freeways.
Sec.
28-45.   Expressways and freeways.
Sec.
28-46.   Streets in park areas.
Sec.
28-47.   Maximum speed limits; determination.
Sec.
28-48.   Same - Alteration.
Sec.
28-49.   Posting of speed limit signs.
Sec.
28-50.   Speed in school zones; signs; designated streets.
Sec.
28-51.   Speed in parking lot of Dallas Convention Center.
Sec.
28-52.   Speed in the Dallas City Hall Parking Garage.
Sec.
28-52.1.   Speed in the Bullington Street Truck Terminal.
Division 3. Turning Movements.
Sec.
28-53.   Obedience to no-turn signs.
Sec.
28-54.   Limitation on U Turns.
Sec.
28-55.   Left turns restricted when emerging from or entering alleys or private
driveways in the central business district.
Sec.
28-56.   Central business district defined.
Sec.
28-57.   Reserved.
Division 4. Stops.
Sec.
28-58.   Vehicles to stop when traffic is obstructed.
Division 5. Operation of Vehicles near Vulnerable Road Users.
Sec.
28-58.1.   Definition.
Sec.
28-58.2.   Protection of vulnerable road users.
ARTICLE VII.
ONE-WAY STREETS AND ALLEYS.
Sec.
28-59.   One-way streets and alleys.
Sec.
28-60.   One-way streets in school zones.
ARTICLE VIII.
PEDESTRIANS’ RIGHTS AND DUTIES.
Sec.
28-61.   Duties of pedestrians while on sidewalks.
Sec.
28-61.1.   Standing and walking in certain areas prohibited.
Sec.
28-62.   Entering or alighting from vehicle; loading and unloading so not to
interfere with traffic.
Sec.
28-63.   Use of coasters, roller skates and similar devices restricted.
Sec.
28-63.1.   Prohibiting crossing in central business district other than at
crosswalk.
Sec.
28-63.2.   Designation of one-way pedestrian zones.
Sec.
28-63.3.   Solicitations to occupants of vehicles on public roadways
prohibited.
ARTICLE IX.
SIZE AND WEIGHT OF VEHICLES.
Sec.
28-64.   Weight of load on enumerated bridges, per axle.
Sec.
28-65.   Vehicles carrying greater loads than as required by Section
28-64.
Sec.
28-66.   Civil liability for violation of article.
Sec.
28-67.   Signs warning of maximum load limit on bridges.
Sec.
28-68.   Routes for over-size equipment; damage caused by over-size equipment.
ARTICLE X.
TRUCK ROUTES.
Sec.
28-69.   Operation within central business district; boundaries of central
business district defined.
Sec.
28-70.   Operation in public parks.
Sec.
28-71.   Designated for trailers, semitrailers or pole trailers.
Sec.
28-72.   Departure from designated routes; hours on residential streets.
Sec.
28-73.   Same - Justification of departure.
Sec.
28-74.   Signs.
Sec.
28-75.   Alternate routes.
ARTICLE XI.
STOPPING, STANDING, AND PARKING GENERALLY.
Division 1. Generally.
Sec.
28-76.   Obedience to signs.
Sec.
28-76.1.   Unattended vehicles presumed left by owner.
Sec.
28-76.2.   Illegally stopped vehicles; may be required to move.
Sec.
28-76.3.   Parking ban.
Sec.
28-76.4.   Parking defenses for city council members and law enforcement
officers.
Sec.
28-76.5.   Unattended motor vehicles.
Sec.
28-77.   Unauthorized reserving of parking spaces.
Sec.
28-78.   Animal-drawn wagons, pushcarts or bicycles.
Sec.
28-79.   Vehicle to be parked within limit lines.
Sec.
28-80.   Parking of commercial vehicles.
Sec.
28-81.   Parking of vehicles with capacity of more than one and one-half tons
in certain districts.
Sec.
28-81.1.   Stopping, standing, or parking prohibited in specified places.
Division 2. Prohibited in Specified Places.
Sec.
28-82.   Parking near railroad tracks; prohibited generally; permitted for
loading.
Sec.
28-83.   Reserved.
Sec.
28-84.   Parking for more than 24 hours prohibited.
Sec.
28-85.   Parking for certain purposes and parking on highways and parkways
prohibited.
Sec.
28-86.   Parking by parking lot owners.
Sec.
28-87.   Parking in alleys.
Sec.
28-88.   Standing or parking on one-way roadways, two-way roadways, and cul-de-
sacs.
Division 3. Stopping for Loading or Unloading Only.
Sec.
28-89.   Curb loading zones - Authority to designate; times operative.
Sec.
28-90.   Reserved.
Sec.
28-91.   Reserved.
Sec.
28-92.   Reserved.
Sec.
28-93.   Same - Use not exclusive.
Sec.
28-94.   Use of passenger curb loading zones.
Sec.
28-95.   Use of freight curb loading zones by commercial vehicles.
Sec.
28-96.   Use of freight curb loading zones by non-commercial vehicles.
Sec.
28-96.1.   Loading zone permit - Application; fee; expiration; transferability.
Sec.
28-97.   Vehicles backed to curb for loading.
Sec.
28-98.   Position of vehicles backed to curb for loading, etc.
Sec.
28-99.   Authority to designate public carrier stands.
Sec.
28-100.   Parking of busses and taxicabs regulated.
Sec.
28-101.   Restricted use of bus stops and taxicab stands.
Sec.
28-102.   Stopping of busses within intersection or crosswalk.
Division 4. Parking Meters.
Sec.
28-103.   Authority to install meters; where installed.
Sec.
28-104.   Indication of expiration of parking time.
Sec.
28-105.   Vehicle to be parked within limit lines at meters.
Sec.
28-106.   Payment required.
Sec.
28-107.   Parking where meter has expired.
Sec.
28-108.   Parking where meter is displaying a violation signal.
Sec.
28-109.   Stopping, standing, or parking beyond maximum legal time limit
prohibited.
Sec.
28-110.   Use of metered parking spaces for loading and unloading.
Sec.
28-111.   Tampering with parking meters.
Sec.
28-112.   Deposit of slugs and non- authorized payment devices prohibited.
Sec.
28-113.   Collection and disposition of money deposited.
Sec.
28-114.   Convenience fee for parking payments by telephone or the Internet.
Sec.
28-114.1.   Zones within the central business district.
Sec.
28-114.2.   Zones outside the central business district.
Sec. 28-114.3.   Reserved.
Sec. 28-114.4.   Reserved.
Sec. 28-114.5.   Reserved.
Sec. 28-114.6.   Reserved.
Sec. 28-114.7.   Reserved.
Sec. 28-114.8.   Reserved.
Sec. 28-114.9.   Reserved.
Sec. 28-114.10.   Reserved.
Sec.
28-114.11.   Central business district.
Sec.
28-114.12.   Parking meter hooding and temporary removal fees; exceptions.
Division 5. Restricted or Prohibited in Certain Areas.
Sec.
28-115.   Parking, stopping, and standing vehicles in private parking areas -
authority to regulate; application of section.
Sec.
28-116.   Private parking areas - Approval of time limit, parking ban and
parking plan; Sections
28-115 to
28-119 not mandatory.
Sec.
28-117.   Private parking areas - Erection of signs; content of signs; marking
of parking spaces.
Sec.
28-118.   Reserved.
Sec.
28-119.   Same - Enforcement.
Sec.
28-120.   Parking on vacant property in residential or apartment districts -
Erection of signs.
Sec.
28-121.   Same - Prohibited when signs erected.
Division 5A. Parking for Disabled Persons.
Sec.
28-121.1.   Definitions.
Sec.
28-121.2.   Offenses.
Sec.
28-121.3.   Voluntary designation of parking spaces or areas for disabled
persons on private property.
Sec.
28-121.4.   Reserved.
Sec.
28-121.5.   Removal of unauthorized vehicles.
Sec.
28-121.6.   Reserved.
Division 5B. Residential Permit Parking Program.
Sec.
28-121.7.   Purpose.
Sec.
28-121.8.   Definitions.
Sec.
28-121.9.   Designation of residential permit parking zones.
Sec.
28-121.10.   Residential parking permit.
Sec.
28-121.11.   Offenses; permit revocation.
Division 5C. Resident-parking-only Program.
Sec.
28-121.12.   Purpose.
Sec.
28-121.13.   General authority and duty of director.
Sec.
28-121.14.   Definitions.
Sec.
28-121.15.   Designation of resident-parking- only zones; elimination or
modification of zones.
Sec.
28-121.16.   Resident-parking-only permit.
Sec.
28-121.17   Temporary parking permits.
Sec.
28-121.18.   Offenses; permit revocation.
Division 6. Dallas Convention Center Parking Facility.
Sec.
28-122.   Area designated.
Sec.
28-123.   Purpose.
Sec.
28-124.   Certain vehicles prohibited from stopping, standing or parking.
Sec.
28-125.   Parking prohibited; erection of signs regulating same.
Sec.
28-126.   Reserved.
Sec.
28-127.   Authority to remove illegally parked vehicles.
Sec.
28-128.   Authority to issue parking citations to illegally parked vehicles.
Division 6A. Dallas City Hall Parking Garage.
Sec.
28-128.1.   Area designated.
Sec.
28-128.2.   Purpose.
Sec.
28-128.3.   Certain vehicles prohibited from entering.
Sec.
28-128.4.   Failure to obey signs prohibited; erection of signs.
Sec.
28-128.5.   Reserved.
Sec.
28-128.6.   Illegally parked vehicles - Authority to remove and issue parking
citations.
Sec.
28-128.7.   Traffic control.
Division 6B. Bullington Street Truck Terminal.
Sec.
28-128.8.   Area designated.
Sec.
28-128.9.   Purpose.
Sec.
28-128.10.   Operating hours.
Sec.
28-128.11.   Certain vehicles prohibited during normal operating hours.
Sec.
28-128.12.   Stopping, standing, or parking prohibited.
Sec.
28-128.13.   Permission from director; defenses.
Sec.
28-128.14.   Reserved.
Sec.
28-128.15.   Authority to remove vehicles and issue citations.
Sec.
28-128.16.   Traffic control.
Division 7. Administrative Adjudication of Parking Violations.
Sec.
28-129.   Parking violations made civil offenses.
Sec.
28-130.   General authority and duty of director.
Sec.
28-130.1.   Hearing officers; powers, duties, and functions.
Sec.
28-130.2.   Parking citations; form.
Sec.
28-130.3.   Service of a parking citation; presumption of service.
Sec.
28-130.4.   Liability of the vehicle owner and operator; presumption of
liability.
Sec.
28-130.5.   Answering a parking citation.
Sec.
28-130.6.   Adjudication by mail.
Sec.
28-130.7.   Hearings for disposition of a parking citation; parking citation as
prima facie evidence.
Sec.
28-130.8.   Failure to answer a parking citation or appear at a hearing.
Sec.
28-130.9.   Fine schedule; other fees.
Sec.
28-130.10.   Enforcement of order.
Sec.
28-130.11.   Immobilization/impoundment hearing.
Sec.
28-130.12.   Appeal from hearing.
Sec.
28-130.13.   Disposition of fines, penalties, and costs.
ARTICLE XII.
SPECIAL PROVISIONS FOR LOVE FIELD AND DALLAS EXECUTIVE AIRPORT.
Sec.
28-131.   Definitions.
Sec.
28-132.   Speed restrictions; reasonable and prudent.
Sec.
28-133.   Designation of one-way roads.
Sec.
28-134.   Erection of “do not enter” signs; obedience to “do not enter” signs.
Sec.
28-135.   Erection of stop signs; obedience to stop signs.
Sec.
28-136.   Erection of turn signs; obedience to turn signs.
Sec.
28-137.   Authorization to establish no parking, stopping, or standing signs.
Sec.
28-138.   Authorization to establish passenger loading zones.
Sec.
28-139.   Authorization to establish loading zones.
Sec.
28-140.   Authorization to establish special use zones, call box stands, etc.
Sec.
28-141.   Designation of public parking areas.
Sec.
28-142.   Vehicles not to block roads, driveways, ramps, taxiways, or
entrances.
Sec.
28-143.   Restricted areas.
Sec.
28-144.   Removal of illegally parked vehicles.
Sec.
28-145.   Throwing of bottles, etc., on streets, roads, etc.
Sec.
28-146.   Issuance of traffic tickets or notices to violators of this article.
ARTICLE XIII.
VIOLATIONS AND PENALTIES.
Sec.
28-147.   Procedure upon arrest for violation of chapter.
Sec.
28-148.   Giving false name upon arrest for traffic violations.
Sec.
28-149.   Giving false address upon arrest for traffic violations.
Sec.
28-150.   Violation of written promise to appear.
Sec.
28-151.   Procedure upon failure of traffic violator to appear.
Sec.
28-152.   Payment of fines; when pleading guilty.
Sec.
28-153.   Disposition of fines and forfeitures.
Sec.
28-154.   Authority to arrest without warrant for violations of chapter.
Sec.
28-155.   Reserved.
ARTICLE XIV.
FREEWAY REGULATIONS.
Sec.
28-156.   Vehicular access to enumerated streets to be designated.
Sec.
28-157.   Pedestrians prohibited from crossing enumerated streets.
Sec.
28-158.   Hitchhiking prohibited on freeways.
Sec.
28-158.1.   Reserved.
Sec.
28-159.   Animal-drawn vehicles, motor driven cycle, and pushcarts prohibited
from using enumerated streets.
Sec.
28-159.1.   Drivers prohibited from stopping on enumerated streets; defenses.
ARTICLE XV.
MOTOR VEHICLE ESCORTS FOR HIRE.
Sec.
28-160.   Definitions.
Sec.
28-161.   Escort license required.
Sec.
28-162.   Same - Minimum age of person obtaining.
Sec.
28-163.   Same - Application; information required.
Sec.
28-164.   Same - Investigation; issuance.
Sec.
28-165.   Same - Refusal to issue or renew.
Sec.
28-166.   Same - Revocation.
Sec.
28-167.   Same - Appeal.
Sec.
28-168.   Same - Insurance.
Sec.
28-169.   Same - One year term.
Sec.
28-170.   Escort license - Fee; transferability.
Sec.
28-171.   Same - Posting.
Sec.
28-172.   Functions, powers and duties of police department.
Sec.
28-173.   Chauffeur’s license - Required; application.
Sec.
28-174.   Same - Issuance; denial.
Sec.
28-175.   Same - Revocation.
Sec.
28-176.   Same - Appeal from refusal to issue or renew; from decision to
revoke.
Sec.
28-177.   Same - Fee, fingerprints and photograph; nontransferable.
Sec.
28-178.   Same - To be carried on person.
Sec.
28-179.   Employment of qualified operators responsibility of owner.
Sec.
28-180.   Police officers may furnish escorts.
Sec.
28-181.   Escorts for funeral cortege not required.
Sec.
28-182.   Requirements for motor vehicles used in escort service.
Sec.
28-183.   Funeral escort guides; uniform and equipment requirements.
Sec.
28-184.   Operating procedures.
Sec.
28-185.   Advertisements; limitations.
ARTICLE XVI.
PARADES.
Sec.
28-186.   Definitions.
Sec.
28-187.   Permit required; exceptions.
Sec.
28-188.   Application for parade permit; fee.
Sec.
28-189.   Issuance of parade permit.
Sec.
28-190.   Denial of parade permit.
Sec.
28-191.   Revocation of parade permit.
Sec.
28-192.   Appeal of denial or revocation of parade permit.
ARTICLE XVII.
STREETCAR REGULATIONS.
Sec.
28-193.   Definitions.
Sec.
28-194.   Authority of the director of transportation.
Sec.
28-195.   Operation of streetcars and other vehicles.
Sec.
28-196.   Unlawful conduct on or near a streetcar.
Sec.
28-197.   Smoking, eating, and drinking prohibited on a streetcar.
Sec.
28-198.   Obstructing tracks; defacing or disturbing property.
Sec.
28-199.   Police assistance required.
ARTICLE XVIII.
LIGHT RAIL TRANSIT SYSTEM.
Sec.
28-200.   Definitions.
Sec.
28-201.   Operation of vehicles in the transitway mall and transit corridor.
Sec.
28-202.   Transitway mall safety quadrants.
ARTICLE XIX.
SPECTATORS PROHIBITED AT STREET RACES AND RECKLESS DRIVING EXHIBITIONS.
Division 1. Definitions.
Sec.
28-203.   Definitions.
Division 2. Spectators Prohibited at Street Races and Reckless Driving
Exhibitions.
Sec.
28-204.   Spectators prohibited at street races and reckless driving
exhibitions.
Sec.
28-205.   Penalty.
Division 3. Abatement of Nuisance Vehicles Engaged in Street Races or Reckless
Driving Exhibition.
Sec.
28-206.   Declaration and abatement of nuisance vehicles.
Sec.
28-207.   Notice of nuisance and abatement to legal and registered owners and
lienholders.
Sec.
28-208.   Administrative abatement of nuisance.
Sec.
28-209.   Judicial abatement of nuisance proceedings.
Sec.
28-210.   Joint property interest release.
Sec.
28-211.   Stipulated vehicle release agreement.
Sec.
28-212.   Vehicle title vesting in the city.
Sec.
28-213.   Sale of abated vehicle.
Sec.
28-214.   Disposition of low-value vehicles.
Sec.
28-215.   Distribution of sale proceeds.
Sec.
28-216.   Accounting of sale proceeds.
Sec.
28-217.   Stolen vehicles.
Sec.
28-218.   Innocent owner remedy.
Sec.
28-219.   Towing and storage fees.
Division 4. Aiding Street Racing or Reckless Driving Exhibitions.
Sec.
28-219.1.   Aiding street racing and reckless driving exhibitions.
ARTICLE XX.
PHOTOGRAPHIC ENFORCEMENT AND ADMINISTRATIVE ADJUDICATION OF SCHOOL BUS STOP ARM
VIOLATIONS.
Division 1. Generally.
Sec.
28-220.   Definitions.
Sec.
28-221.   General authority and duties of the director and department.
Sec.
28-222.   Enforcement officers - powers, duties, and functions.
Sec.
28-223.   Hearing officers - powers, duties, and functions.
Division 2. Enforcement of School Bus Stop Arm Violations as Civil Offenses.
Sec.
28-224.   School bus stop arm violations as civil offenses; defenses;
presumptions.
Sec.
28-225.   Civil school bus stop arm citations; form.
Sec.
28-226.   Service of a civil school bus stop arm citation.
Sec.
28-227.   Answering a civil school bus stop arm citation.
Sec.
28-228.   Adjudication by mail.
Sec.
28-229.   Hearings for disposition of a school bus stop arm citation; citation
and photographic recorded images as prima facie evidence.
Sec.
28-230.   Failure to answer a civil school bus stop arm citation or appear at a
hearing.
Sec.
28-231.   Civil fines for school bus stop arm violations; penalties and other
costs.
Sec.
28-232.   Appeal from hearing.
Sec.
28-233.   Effect of liability; exclusion of civil remedy; enforcement.
Sec.
28-234.   Disposition of civil fines, penalties, and costs assessed for school
bus stop arm violations.
ARTICLE XXI.
MISCELLANEOUS FEES.
Sec.
28-235.   Engineering review and location fees.
ARTICLE I.
IN GENERAL.
SEC. 28-1.   SHORT TITLE.
   This chapter may be cited as the Dallas Traffic Ordinance. (Ord. 14584)
SEC. 28-2.   DEFINITIONS.
   (a)   In this chapter:
      (1)   ALLEY means any narrow street described in this chapter that has no
legal or official name other than “alley”.
      (2)   APPROVED ABBREVIATIONS. The following approved abbreviations may be
used in connection with issuing traffic tickets, citations, and complaints for
violation of the Dallas Traffic Ordinance: “Street” may be abbreviated as
“St.”; “Avenue” may be abbreviated as “Ave.” or “Av.”; “Freeway” may be
abbreviated as “Frwy.” or “Fwy.”; “Lane” may be abbreviated as “Ln.”; “Drive”
may be abbreviated as “Dr.”; “Road” may be abbreviated as “Rd.”; “Boulevard”
may be abbreviated as “Blvd.”; “Expressway” may be abbreviated as “Exp.”,
“Ewy.” or “Expwy.”; “Place” may be abbreviated as “Pl.”; “Court” may be
abbreviated as “Ct.”; “Parkway” may be abbreviated as “Pkwy.”; “Circle” may be
abbreviated as “Cir.”; “Highway” may be abbreviated as “Hwy.”; “Plaza” may be
abbreviated as “Plz.”; “Square” may be abbreviated as “Sq.”; and “Terrace” may
be abbreviated as “Ter.” In all cases where the word is abbreviated it shall be
understood to mean the same as though fully written out.
      (3)   ARTERIAL means a street designated as either a principal or a minor
arterial in the city’s thoroughfare plan.
      (4)   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.
      (4.1)   CHIEF OF POLICE means the chief of the police department of the
city or the chief’s authorized representative.
      (4.2)   CITY MARSHAL means the city marshal of the city, or the marshal's
authorized representative.
      (5)   COLLECTOR-DISTRIBUTOR ROAD means an auxiliary roadway, separated
laterally from, but generally parallel to, the freeway through roadway, which
serves to collect and distribute traffic from several access connections
between selected points of ingress to and egress from the through traffic
lanes.
      (6)   COMMERCIAL VEHICLE means any vehicle that displays a valid
commercial, truck, or truck-tractor state license plate.
      (7)   CURB means the lateral lines of a roadway, whether constructed
above grade or not, which are not intended for vehicular travel.
      (8)   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.
      (9)   DIVIDED ROADWAY or DIVIDED HIGHWAY means a roadway or highway
divided into two roadways by leaving an intervening space or by a physical
barrier, or clearly indicated dividing section between the two roadways.
      (10)   HORSE means any saddle or harness animal.
      (11)   IMMOBILIZE means to place a boot on a parked vehicle to prevent
the operation of the vehicle until the boot is unlocked and removed.
      (12)   LIMIT LINES means boundaries of parking areas, loading zones,
safety or danger zones, crosswalks, and lines marked for the purpose of
excluding traffic and parking.
      (13)   LOADING ZONE means a space adjacent to a curb reserved for the
exclusive use of vehicles during the loading or unloading of passengers or
materials.
      (14)   METER AND PARKING BAN HOLIDAYS include only the following days:
         (A)   New Years 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)   Independence Day (July 4);
         (F)   Labor Day/Cesar E. Chavez Day (first Monday in September);
         (G)   Thanksgiving Day (fourth Thursday in November); and
         (H)   Christmas Day (December 25).
      (15)   ONE-WAY STREET means any street or highway on which traffic is
restricted to movement in one direction only.
      (16)   OPERATOR means any person in control of a vehicle, including a
railroad train or vehicle being towed.
      (17)   PARK or PARKING means the standing of vehicle, whether occupied or
not, otherwise than temporarily for the purpose of and while actually engaged
in loading or unloading merchandise or passengers.
      (18)   PARKING BAN means certain hours during the day at which time
standing, parking, or stopping of a vehicle is prohibited along the curb of
designated streets as indicated by signs authorized by the traffic engineer.
      (18.1)   PARKING ENFORCEMENT OFFICER means the person designated by the
city manager to perform the functions of parking enforcement officer or his
authorized representative.
      (19)   PARKING VIOLATION means a violation of any provision of this
chapter governing the stopping, standing, or parking of a vehicle.
      (20)   PARKWAY means that portion of a street or highway between the curb
lines or the lateral lines of a roadway and the adjacent property lines, not
intended for the use of pedestrians; also, the intervening space between the
roadways of a divided street or highway or any island or area, whether or not
clearly defined by curbs or markings, which divides any portion of any street,
highway, or intersection into separate lanes for vehicular traffic.
      (20.1)   PEACE OFFICER means officers who are required to obtain and
maintain a commission through the Texas Commission on Law Enforcement and
listed in Section 2.12 of the Texas Code of Criminal Procedure. This includes
police officers, city marshals, and arson investigators.
      (21)   PUBLIC PLACE means any place where the general public has a right
to assemble, or to which people commonly resort for purposes of business,
amusement, recreation or other lawful purpose.
      (22)   SERVICE ROAD means an auxiliary roadway adjacent to a freeway,
expressway, or arterial that is used by traffic desiring access to abutting
property and by traffic seeking ingress to or egress from the adjacent freeway,
expressway, or arterial.
      (23)   STAND or STANDING means the halting of a vehicle, whether occupied
or not, otherwise than temporarily for the purpose of and while actually
engaged in receiving or discharging passengers.
      (24)   STOP or STOPPING, when prohibited, means any halting even
momentarily of a vehicle, whether occupied or not, except when necessary to
avoid conflict with other traffic or in compliance with the directions of a
police officer or traffic-control sign or signal.
      (25)   TIME STANDARD (OFFICIAL), for purposes of designating certain
hours in this chapter, means central standard time or central daylight-saving
time as may be in current use in the city.
      (26)   TRAFFIC DIVISION means the traffic division of the police
department of the city.
      (27)   TRAFFIC ENGINEER means the person designated by the city manager
to perform the functions of traffic engineer or his authorized representative.
      (28)   VIADUCT means a bridge-like structure to carry a roadway over a
valley or ravine, or across another roadway.
   (b)   All other words used in this chapter shall have the meanings assigned
to them by the state vehicle laws or their ordinary and commonly accepted
meanings as set forth in Webster’s New International Dictionary (Unabridged),
and other dictionaries of recognized standing. (Ord. Nos. 14584; 15004; 16577;
17226; 19173; 20012; 20269; 20965; 21186; 21194; 27697; 30654; 32470)
SEC. 28-3.   APPLICABILITY OF TRAFFIC REGULATIONS IN PARKS, PUBLIC HOUSING
PROJECTS AND PUBLIC HOSPITAL GROUNDS.
   (a)   The regulation of vehicular and pedestrian traffic on all ways, roads,
streets, alleys, and places, whether named or not, open to the public, whether
dedicated or not, in all public parks owned or controlled by the city, in all
the public housing projects owned, controlled, or operated by the housing
authority of the city, or any other housing project whose streets or ways are
open to the public, and in all public hospital grounds located in the city,
shall be controlled and regulated in accordance with this chapter.
   (b)   All traffic-control devices installed within the public parks or
public housing projects, including all parking, stop, speed, and directional
signs, and any other kind of a traffic control sign, shall be obeyed as
provided in this chapter. This section shall be cumulative of other traffic
ordinances now in effect concerning traffic regulations in public parks. (Ord.
14584)
SEC. 28-4.   AUTHORITY TO REMOVE VEHICLES; REDEMPTION; FEES.
   (a)   A city peace officer, or parking enforcement officer is authorized to
remove or cause the removal of a vehicle or other property of any description
from a street to a place designated by the chief of police or the director,
when:
      (1)   the vehicle or property is left unattended upon a bridge or viaduct
or in a tunnel or underpass;
      (2)   the vehicle is illegally parked so as to block the entrance to any
private driveway;
      (3)   the vehicle is found upon a street and a report has previously been
made that the vehicle has been stolen or a complaint has been filed and a
warrant issued charging that the vehicle has been unlawfully taken from the
owner;
      (4)   the peace officer or parking enforcement officer has reasonable
grounds to believe that the vehicle has been abandoned;
      (5)   a vehicle upon a street is so disabled that its normal operation is
impossible or impractical and the person or persons in charge of the vehicle
are incapacitated by reason of physical injury or other reason to such an
extent as to be unable to provide for its removal or custody, or are not in the
immediate vicinity of the disabled vehicle;
      (6)   a peace officer arrests any person driving or in control of a
vehicle for an alleged offense and the officer is by law required to take the
person arrested immediately before a magistrate;
      (7)   the vehicle is standing, parked, or stopped in any portion of a
street, and the peace officer or parking enforcement officer has reason to
believe that the vehicle constitutes a hazard or interferes with the normal
function of a governmental agency or that the safety of the vehicle is
imperiled;
      (8)   the vehicle is standing, parked, or stopped in violation of the
parking ban regulations;
      (9)   the vehicle is standing, parked, or stopped in violation of any
provision of this chapter;
      (10)   the vehicle is the subject of a hearing officer's order for a
parking violation and impoundment of the vehicle is authorized by Section
28-130.10 of this chapter;
      (11)   the vehicle is in an accident and the vehicle's owner or operator
fails to show evidence of financial responsibility as required under Chapter
601 of the Texas Transportation Code, as amended; or
      (12)   the vehicle is stopped by a police officer or city marshal for an
alleged violation of a city or state traffic law or other law applicable to the
operation of a vehicle on the roadway and the vehicle's owner or operator fails
to show evidence of financial responsibility as required under Chapter 601 of
the Texas Transportation Code, as amended.
   (b)   A vehicle removed and towed under this section must be kept at the
place designated by the chief of police or the director until application for
redemption is made by the owner or the owner's authorized agent, who will be
entitled to possession of the vehicle upon payment of costs of immobilization,
towing, notification, impoundment, and storage. The chief of police or the
director shall charge fees for storage of vehicles at city pound locations in
accordance with the following regulations:
      (1)   The storage fee is $20 for each day or portion of a day that a
vehicle not longer than 25 feet is stored and $35 for each day or portion of a
day that a vehicle longer than 25 feet is stored, except that a storage fee may
not be charged for more than one day if the vehicle remains at the city pound
location for less than 12 hours.
      (2)   Storage fees on a stolen vehicle will be charged as outlined in
Paragraph (1) of this subsection, commencing on the second day following the
date notice is received by the owner of the vehicle, or the owner's agent, that
the vehicle may be claimed.
      (3)   Storage fees on a vehicle owned by an arrested person will be
charged as outlined in Paragraph (1) of this subsection, commencing on the date
of impoundment.
      (4)   Storage fees will not be collected when a vehicle is not involved
in an accident, but is taken into protective custody and the driver is
incapacitated due to physical injury or other illness to the extent that the
driver is unable to care for the vehicle.
      (5)   Storage fees on any vehicle involved in a motor vehicle accident
will be charged as outlined in Paragraph (1) of this subsection, commencing on
the date of impoundment.
      (6)   An impoundment fee of $20, in addition to applicable towage,
notification, and storage fees, will be charged for a vehicle that has been
removed and towed to a city pound location.
      (7)   A notification fee of $50, in addition to applicable towage,
impoundment, and storage fees, will be charged for a vehicle that has been
removed and towed to a city pound location.
      (8)   All unpaid fines, penalties, and costs assessed against the person
by a hearing officer for a parking violation if the vehicle was towed as result
of parking violation fees.
   (c)   A police officer or city marshal may, at his discretion, with the
express written permission of an arrested person, leave an arrested person's
vehicle at the scene of the arrest or other location. In these instances, the
arresting officer shall ensure that the vehicle is legally parked and secured.
   (d)   The chief of police, the director, or a designated representative may
release a vehicle without payment of immobilization, towage, notification,
impoundment, or storage fees under the following circumstances:
      (1)   a vehicle was taken into protective custody when the incident did
not involve an arrest, violation, or automobile accident;
      (2)   a vehicle is owned by or belongs to an individual who is not a
citizen of the United States, who does not permanently reside in the United
States, and who is entitled to diplomatic immunity;
      (3)   subsequent investigation results in a determination that there was
no violation of this code or the Texas Motor Vehicle Laws or that the arrested
person did not commit a criminal offense; or
      (4)   a vehicle is owned by or belongs to the victim of a violent crime
and was taken into custody for evidentiary purposes.
   (e)   If a vehicle was towed and stored for an evidentiary or examination
purpose, the chief of police or a designated representative shall release the
vehicle without payment of towage and storage fees when required to do so under
Article 18.23 of the Texas Code of Criminal Procedure, as amended.
   (f)   A person commits an offense if he removes or attempts to remove a
vehicle from a city pound location without first paying the towage,
notification, impoundment, and storage fees that have accrued on the vehicle.
   (g)   As a consequence of the fees to be charged for vehicles stored at city
pound locations and for purposes of state law, the city council hereby
designates all city pound locations as storage facilities operated for
commercial purposes. (Ord. Nos. 14584; 14686; 15949; 16287; 16477; 17406;
17547; 18411; 19300; 20076; 20448; 20965; 21819; 22906; 22964; 24743; 25384;
26134; 26293; 27189; 32362; 32470)
SEC. 28-5.   RELEASE OF IMPOUNDED VEHICLES TO LIENHOLDERS.
   Upon payment of all fees required by Section
28-4, a vehicle impounded by the police department pursuant to the enforcement
of the provisions of this code may be released to the lienholder, or an
authorized agent, holding a valid and existing mortgage lien on the vehicle
impounded if the mortgage lienholder:
      (1)   furnishes to the police department, for its inspection:
         (A)   the mortgage lien contract, or a certified copy of the contract,
specifying that, upon default of the mortgagor, the mortgagee is entitled to
possession of the vehicle; and
         (B)   the certificate of title with the lien appearing on it; and
      (2)   furnishes to the police department an affidavit stating that:
         (A)   the mortgage lienholder holds a lien on the impounded vehicle;
         (B)   the mortgagor has defaulted;
         (C)   the mortgage lienholder desires possession and is entitled to
possession of the vehicle; and
         (D)   the mortgage lienholder agrees to indemnify and hold harmless
the city, its police department, and its employees upon delivery of the vehicle
to the mortgage lienholder. (Ord. Nos. 14584; 20448; 21819)
SEC. 28-5.1.   AUTHORITY TO IMMOBILIZE VEHICLES; REDEMPTION; FEES.
   (a)   A peace officer or a parking enforcement officer is authorized to
immobilize or cause the immobilization of any vehicle that is the subject of a
hearing officer's order for a parking violation when the placement of a boot on
the vehicle is authorized by Section
28-130.10 of this chapter.
   (b)   During the first 24 hours after a vehicle has been immobilized under
this section, a peace officer or a parking enforcement officer may leave the
vehicle immobilized or remove or cause the removal of the vehicle from the
street in accordance with Section
28-4 of this article. After a vehicle has been immobilized for 24 hours, the
vehicle must be removed from the street in accordance with Section
28-4 of this article.
   (c)   The owner of an immobilized vehicle, or the owner's authorized agent,
may apply for redemption of the vehicle in a place and manner designated by the
director. The owner or the owner's authorized agent will be entitled to
possession of the vehicle upon payment of:
      (1)   an immobilization fee of $100;
      (2)   all unpaid fines, penalties, and costs assessed against the person
by a hearing officer for a parking violation; and
      (3)   all towage, storage, notification, preservation, and service fees
incurred if the vehicle was removed from a street in accordance with Section
28-4 of this article.
   (d)   A person commits an offense if he:
      (1)   removes, disables, tampers with, or damages a boot placed on a
vehicle pursuant to this section;
      (2)   tows or moves an immobilized vehicle from the location at which the
vehicle was immobilized, unless at the direction of a peace officer or a
parking enforcement officer; or
      (3)   removes or relocates any notice placed on an immobilized vehicle,
unless the person was a peace officer, a parking enforcement officer, the owner
of the vehicle, or the vehicle owner's authorized agent.
   (e)   An offense under Subsection (d)(1) or (d)(2) of this section is
punishable by a fine of $500. An offense under Subsection (d)(3) is punishable
by a fine of not more than $500. (Ord. Nos. 20965; 21819; 26309; 32470)
ARTICLE II.
TRAFFIC ADMINISTRATION.
Division 1. Traffic Engineer.
SEC. 28-6.   RESERVED.
   (Repealed by Ord. 15004)
SEC. 28-7.   RESERVED.
   (Repealed by Ord. 17226)
SEC. 28-8.   TRAFFIC ENGINEER - DUTIES.
   The traffic engineer shall have control and direction of the traffic zone
marking personnel, the parking meter installation and maintenance personnel,
traffic signal installation and maintenance personnel, the marking of all
traffic zones, and the installation of signals and road markers relating to
direction and control of traffic. The traffic engineer shall also make
continuous studies of the movement of traffic on the streets of the city and
shall make periodic recommendations to the city manager as to necessary
regulations, practices, and controls for the safe and prompt movement of
traffic in the city. The traffic engineer shall perform such other duties as
may be required by the city manager. (Ord. Nos. 14584; 21186)
SEC. 28-9.   TRAFFIC ENGINEER - APPOINTMENT OF TECHNICIANS AND CLERICAL STAFF;
FEES FOR SERVICES.
   (a)   The traffic engineer may appoint technicians and clerical staff as may
be necessary subject to the approval of the city manager and consistent with
civil service rules and regulations and the city charter.
   (b)   A fee of $30 an hour will be charged, in accordance with departmental
policy, for services provided by the traffic engineer’s staff relating to
traffic control service record inquiries. (Ord. Nos. 14584; 19300)
SEC. 28-10.   EMERGENCY AND EXPERIMENTAL REGULATIONS.
   (a)   The traffic engineer shall make continuous traffic surveys and studies
of the movement of traffic on the streets of the city, and the chief of police
or a duly authorized agent will cooperate to make effective the provisions of
this chapter and of other traffic ordinances of the city, and to make and
enforce temporary or experimental regulations to cover emergencies or special
conditions. A temporary or experimental regulation shall take effect at such
time as the appropriate traffic-control sign, signal, or device is in place as
required under this chapter or other traffic ordinances of the city. A
temporary or experimental regulation shall remain in effect for a period of
time not to exceed 90 days unless otherwise provided in this chapter.
   (b)   If the traffic engineer or the chief of police determines that a
hazardous condition still exists after the expiration of the 90 day period due
to street construction, reconstruction, or repairs and an extension of
temporary traffic restrictions is necessary for the peace, safety, and general
welfare, then the traffic engineer is empowered to extend the temporary
regulations governing traffic at and around the construction site, until the
completion of the project. The traffic engineer shall keep a record of the
temporary and experimental regulations, and these records will reflect the date
that the traffic control signs, signals, and devices were installed and
removed. (Ord. Nos. 14584; 19749; 21186)
Division 2. Traffic Division.
SEC. 28-11.   ESTABLISHMENT AND CONTROL.
   There is hereby established in the police department a traffic division to
be under the control of a police officer appointed by the chief of police.
(Ord. 14584)
SEC. 28-12.   DUTIES GENERALLY.
   It shall be the duty of the traffic division with aid as may be rendered by
other members of the police department to enforce the traffic regulations of
the city and all of the state vehicle laws applicable to street traffic in the
city, to make arrests for traffic violations, to investigate accidents, to
cooperate with the traffic engineer and other officers of the city in the
administration of the traffic laws and in developing ways and means to improve
traffic conditions, and to carry out those duties specially imposed upon the
division by this chapter and other traffic ordinances of the city. (Ord. 14584)
SEC. 28-13.   RECORDS OF TRAFFIC VIOLATIONS.
   The police department shall keep a record of all citations for offenses in
violation of this chapter, other traffic ordinances of the city, or of the
state vehicle laws of which any person has been charged, together with a record
of the final disposition of all alleged offenses. (Ord. 14584)
SEC. 28-14.   INVESTIGATION OF ACCIDENTS.
   It shall be the duty of the traffic division, assisted by other police
officers of the department, to investigate traffic accidents, to arrest and to
assist in the prosecution of those persons charged with violations of law
causing or contributing to traffic accidents. (Ord. 14584)
SEC. 28-15.   TRAFFIC ACCIDENT REPORTS.
   The police department shall maintain a system of filing traffic accident
reports. Accident reports or cards referring to them shall be maintained
alphabetically by location. These reports shall be available for the use and
information of the traffic engineer. (Ord. 14584)
SEC. 28-16.   SAME - SUBMISSION OF ANNUAL TRAFFIC SAFETY REPORTS.
   The police department shall annually prepare a traffic report which shall be
filed with the city manager. Such report shall contain information on traffic
matters of the city as follows:
   (a)   The number of traffic accidents, the number of persons killed or
injured as a result of traffic accidents, and other pertinent traffic accident
data.
   (b)   The number of traffic accidents investigated and other pertinent data
on the safety activities of the police.
   (c)   The plans and recommendations of the department for future traffic
safety activities. (Ord. 14584)
SEC. 28-17.   TRAFFIC ACCIDENT STUDIES.
   When accidents at any particular location become numerous or severe, the
traffic division shall cooperate with the traffic engineer in conducting
studies of the accidents and determining remedial measures. (Ord. 14584)
ARTICLE III.
ENFORCEMENT AND OBEDIENCE TO TRAFFIC REGULATIONS.
SEC. 28-18.   AUTHORITY OF POLICE AND FIRE DEPARTMENT OFFICIALS.
   (a)   It shall be the duty of the officers of the police department or
officers who are assigned by the chief of police, to enforce the traffic laws
of the city and the state vehicle laws applicable to street traffic in the
city.
   (b)   Officers of the police department or officers who are assigned by the
chief of police are hereby authorized to direct traffic by voice, hand, or
signal, in conformance with traffic laws; provided, that in the event of a fire
or other emergency, to expedite traffic, or to safeguard pedestrians, officers
of the police or fire departments may direct traffic as conditions require
notwithstanding the provisions of the traffic laws.
   (c)   Officers of the fire department, when at the scene of a fire, may
direct or assist the police in directing the traffic in the immediate vicinity.
   (d)   A person commits an offense if he intentionally fails or refuses to
comply with the lawful order or direction of a police officer or fire
department officer. (Ord. 14584)
SEC. 28-19.   PARKING ENFORCEMENT OFFICERS.
   (a)   There is hereby created in the department of transportation, under the
direction of the director, a division known as parking enforcement and
management, which will be an organized auxiliary division to the department of
transportation.
   (b)    A parking enforcement officer is authorized to:
      (1)   issue citations for any parking violation within the city;
      (2)   impound any vehicle that is:
         (A)   in violation of a parking or fire lane regulation; or
         (B)   the subject of a hearing officer's order for a parking violation
when impoundment of the vehicle is authorized by Section
28-130.10 of this chapter; and
      (3)   immobilize any vehicle that is the subject of a hearing officer's
order for a parking violation when the placement of a boot on the vehicle is
authorized by Section
28-130.10 of this chapter.
   (c)   It is the duty of a parking enforcement officer to direct and guide
motor vehicles and pedestrian traffic in the city as directed by the director.
   (d)   A parking enforcement officer is authorized to direct traffic by
voice, hand, or signal, in conformance with traffic laws; provided, that in the
event of a fire or other emergency, to expedite traffic, or to protect
pedestrians, a parking enforcement officer may direct traffic as conditions
require notwithstanding the provisions of the traffic laws.
   (e)   A parking enforcement officer is not eligible for membership in the
Firemen, Policemen and Fire Alarm Operators Pension Fund created pursuant to
Article 6243a, Vernon's Texas Civil Statutes, but is eligible for membership in
the employee's retirement fund of the city of Dallas.
   (f)   A parking enforcement officer, while in the performance of official
duties, is deemed to be engaged in the performance of a governmental function.
   (g)   A parking enforcement officer may not be armed with firearms.
(Ord. Nos. 14584; 19579; 20269; 20965; 22026; 27697; 32470)
SEC. 28-20.   OBEDIENCE TO CHAPTER REQUIRED; PENALTY.
   (a)   It is a violation of this chapter for any person to do an act
forbidden, fail to perform an act required, or commit an act made an offense by
this chapter.
   (b)   A person convicted of a violation of a provision of this chapter, for
which another penalty is not provided by state law or other city ordinance,
shall be punished by a fine not to exceed $500. (Ord. Nos. 14584; 19963)
SEC. 28-20.1.   PRESUMPTION IN FLEEING FROM A POLICE OFFICER.
   The person in whose name the vehicle is registered shall be presumed to be
the driver of a vehicle involved in fleeing from a police officer when, in
violation of state law, the driver willfully fails to bring his vehicle to a
stop, or otherwise flees or attempts to elude a pursuing police vehicle, after
being given a visual or audible signal to stop by a uniformed officer in an
appropriately marked official police vehicle. Proof may be made by a copy or
facsimile of the registration of the vehicle with the State Highway Department
or County Motor Vehicle License Department or any other licensing agency
showing the name of the person to whom the license plates were issued. This
proof shall constitute prima facie evidence of the fact that the person to whom
the certificate of registration was issued was the driver of the vehicle. This
presumption may be rebutted by competent evidence. (Ord. 19180)
ARTICLE IV.
ACCIDENTS.
SEC. 28-21.   INTENTIONAL COLLISIONS.
   A person commits an offense if while driving, operating, or in control of a
vehicle, animal, railroad engine, or railroad car he intentionally causes, or
permits the vehicle, animal, railroad engine, or railroad car to come in
collision with any other vehicle, animal, person, street sign, street post,
water plug, mailbox, or other obstacle or object in or on any street, alley,
avenue, highway, or other public place in the city. (Ord. 14584)
SEC. 28-22.   DUTY TO GIVE INFORMATION AND RENDER AID.
   The driver of a vehicle involved in an accident resulting in damage to a
bicycle or other device propelled wholly or in part by human power which is
driven or attended by a person, shall give his name, address, and the
registration number of the vehicle he is driving and shall upon request and if
available exhibit his operator’s, commercial operator’s, or chauffeur’s license
to the person driving or attending the bicycle or device. (Ord. 14584)
SEC. 28-23.   PRESUMPTION IN HIT AND RUN ACCIDENTS.
   The person in whose name a vehicle is registered, shall be presumed to be
the driver of the vehicle involved in an accident resulting in damage to a
vehicle or other object, when the driver fails to stop and render the duties
required of drivers under state law. Proof may be made by a copy or facsimile
of the registration of the vehicle with the State Highway Department or County
Motor Vehicle License Department or any other licensing agency showing the name
of the person to whom the license plates were issued. This proof shall
constitute prima facie evidence of the fact that the person to whom such
certificate of registration was issued was the driver of the automobile. This
presumption may be rebutted by competent evidence. (Ord. 14584)
ARTICLE V.
TRAFFIC-CONTROL DEVICES.
SEC. 28-24.   AUTHORITY TO INSTALL.
   (a)   The traffic engineer shall conduct studies and investigations of the
public streets and highways within the city and shall determine those places on
public streets and highways where a particular danger or hazard exists to motor
vehicle traffic and pedestrian traffic and shall place and maintain traffic
control signs, signals, and devices in accordance with these studies and
determinations as required under this chapter and other traffic laws. In
addition, the city manager, the director of transportation, the chief of
police, the chief of fire-rescue, or personnel acting under their authority,
and public contractors or their employees performing work pursuant to any
federal, state, county, road district, or city contract, may place and maintain
barricades, detour signs, or other warning devices at places where danger
becomes apparent as a result of hazards caused by the weather or natural
phenomena, defects, or obstructions in or near streets, alleys, sidewalks,
parkways, parks, or other public places, as a result of building construction
or demolition, or where street, alley, or sidewalk construction or repair is
underway.
   (b)   The traffic engineer shall conduct studies and investigations of the
public streets and highways within the city and, in accordance with these
studies, recommend to the city council those places on public streets and
highways where permanent traffic diverters should be located. After the city
council approves a location, the department of transportation is authorized to
install and maintain permanent traffic diverters at the approved location.
(Ord. Nos. 14584; 14900; 22026; 23694; 28424; 30239; 30654)
SEC. 28-24.1.   TRAFFIC BARRICADE MANUAL.
   (a)   The traffic engineer is authorized to prescribe a traffic barricade
manual, conforming to the Texas Manual on Uniform Traffic Control Devices
approved by the Texas Transportation Commission, for providing barricades,
warning signs, and other traffic control devices that alert the public to
hazards caused by construction, repair, pavement excavation or cuts, or other
uses requiring closure of any portion of a public street or public right-of-
way.
   (b)   A person commits an offense if he fails to comply with any provision
of the city’s traffic barricade manual while occupying a public street or
public right- of-way for the purpose of construction, repair, pavement
excavation or cuts, or other uses requiring closure of any portion of the
public street or public right-of-way.
   (c)   It is a defense to prosecution under Subsection (b) that the provision
of the city’s traffic barricade manual was superseded by a provision of the
Texas Manual on Uniform Traffic Control Devices, and the person was complying
with the state provision.
   (d)   A person convicted of an offense under Subsection (b) of this section
is punishable by a fine of $500. (Ord. Nos. 15124; 19749; 27294)
SEC. 28-24.2.   FEES FOR PLAN REVIEWS AND FIELD ADJUSTMENTS.
   Fees for traffic signal plan review, traffic control plan review, traffic
signals field adjustments, and street lights plan review.
      (1)   The fee shall be paid to the director when the application is
filed. An application will not be processed until the fee has been paid.
      (2)   The director shall deposit fees in the official city depository not
later than the next business day following receipt of the fees.
      (3)    No refund of the fee may be made.
      (4)   Fee schedule.
 
Type of Application               Application Fee
Traffic signal plan review        $1,000.00
Traffic control plan review       $1,000.00
Traffic signals field adjustments $1,500.00
Street lights plan review         $500.00
 
(Ord. 31657)
SEC. 28-25.   AUTHORIZED INSTALLATION PRESUMED.
   In any prosecution for violation of this chapter, the authorized
installation of a traffic control device or signal shall be presumed. (Ord.
14584)
SEC. 28-26.   PARKING DESIGNATIONS; AUTHORITY TO INSTALL.
   (a)   The traffic engineer shall conduct studies and investigations of the
public streets and highways within the city and shall study:
      (1)   the needs of the public for parking vehicles on public streets;
      (2)   the width and length of public streets where parking is desired;
      (3)   the availability of parking space and frequency of parking on the
public streets; and
      (4)   the needs of business and commercial establishments to have
regulated parking on the public streets.
   (b)   After making such studies, the traffic engineer shall:
      (1)   designate those areas on public streets and highways in the city
where parking, stopping, or standing should be allowed, or parking bans should
be in effect, and regulate parking, stopping, standing, or parking bans by
installing appropriate signs, by installing parking meters (when authorized by
Section
28-103 of this chapter), or by marking curbs, giving notice that parking,
stopping, or standing is allowed or parking bans are in effect and for what
period of time; and
      (2)   determine when parking, stopping, or standing motor vehicles should
be prohibited on public streets or highways in the city and regulate such
prohibition by installing appropriate signs, by providing individual signs or
information on each parking meter so affected, or by marking curbs, giving
notice that parking, stopping, or standing, is prohibited.
   (c)   The traffic engineer shall make changes in the parking, stopping,
standing, or parking ban regulations from time to time as required by the
studies and investigations. The traffic engineer shall also keep accurate
records of all parking designations, prohibitions, and sign installations.
   (d)   The traffic engineer is authorized to erect signs prohibiting or
restricting parking on one or both sides of any roadway that is on public
school property as conditions require to facilitate the flow of traffic.
   (e)   When an official sign, curb marking, or street marking prohibits
parking for an interval of two hours or less, the prohibition is in effect
between the hours of 7:00 a.m. and 6:00 p.m. of every day except Sundays and
meter and parking ban holidays, unless otherwise indicated by the sign or
marking.
   (f)   The traffic engineer may, upon application by a person whose property
abuts a roadway, install or remove signs prohibiting or restricting parking on
one or both sides of the roadway. The application must be made on a form
provided by the traffic engineer and accompanied by a nonrefundable application
fee of $240. The traffic engineer may approve or deny the application in
accordance with departmental policy. If an application for the installation of
signs is approved, the applicant must pay a fee of $197 for each sign
installed. (Ord. Nos. 14584; 14974; 15194; 19300; 21194; 22762; 30993)
SEC. 28-26.1.   BUS LANE DESIGNATIONS; AUTHORITY TO INSTALL; PROHIBITION;
EXCEPTION.
   (a)   The traffic engineer shall conduct studies and investigations of the
public streets and highways within the city and shall study the needs of the
public for areas on the public streets for the exclusive use of busses during
certain hours of the day, the width and length of areas on public streets where
bus lanes are desired and, after making such studies, the traffic engineer
shall designate those areas on public streets and highways of the city where
areas for the exclusive use of busses are required and should be in effect by
means of appropriate signs and street markings giving notice that only busses
may use an area of a public street or highway during certain hours of the day.
The traffic engineer may change areas designated for the exclusive use of
busses from time to time as required by studies and investigations. The traffic
engineer shall also keep accurate records of all bus lane designations, sign
installations, and street markings.
   (b)   A person commits an offense if he operates a motor vehicle, other than
a bus in an area upon a public street or highway within the city designated by
a sign and street marking as an area for the exclusive use of busses.
   (c)   It is a defense to prosecution under this section that an operator of
a motor vehicle is in an area designated for the exclusive use of busses for
the purpose of making a right turn and has entered the area as close as
practicable to the place where a right turn was intended to be made.
   (d)   In this section bus means a public or private motor vehicle designated
for the transportation of more than 10 passengers. (Ord. Nos. 14584; 14648)
SEC. 28-27.   MANUAL AND SPECIFICATIONS.
   All traffic control signs, signals, and devices shall conform to the “Manual
and Specifications” approved by the State Highway Commission or resolutions
adopted by the city council; shall be uniform, so far as practicable, as to
type and location throughout the city; and shall be official traffic control
devices so long as such are not inconsistent with provisions of state law or
this chapter. (Ord. 14584)
SEC. 28-27.1.   PLACEMENT OF CRIME WATCH SIGNS AND VOLUNTEERS IN PATROL SIGNS.
   (a)   Upon recommendation of the police department, the city traffic
engineer is authorized to place crime watch signs and volunteers in patrol
(V.I.P.) signs on existing city sign standards that support city traffic
control and informational signs when in the traffic engineer’s judgment the
sign will not interfere with traffic safety.
   (b)   A person desiring the placement of a crime watch sign or a volunteers
in patrol (V.I.P.) sign shall submit an application for placement of the sign
to the police department. The application must designate the location requested
for placement. If the police department and the traffic engineer determine that
the location requested will not interfere with traffic safety, the police
department shall notify the applicant to submit a sign to the traffic engineer
who shall place the sign as requested; otherwise, the traffic engineer shall
assist the applicant in finding an alternate location.
   (c)   For the purpose of this section:
      (1)   CRIME WATCH SIGN means a sign of a standard design approved by the
chief of police that:
         (A)   is no larger than 14 inches wide and 20 inches tall;
         (B)   depicts the logo of the National Sheriffs’ Association
neighborhood watch sign; and
         (C)   does not contain any other message or any identification of a
neighborhood, neighborhood group, or other person or organization on the sign.
      (2)   VOLUNTEERS IN PATROL (V.I.P.) SIGN means a sign of a standard
design approved by the chief of police that:
         (A)   is no larger than 14 inches wide and 20 inches tall;
         (B)   states, in white lettering on a blue background, “THIS
NEIGHBORHOOD PATROLLED BY VOLUNTEERS IN PATROL”; and
         (C)   does not contain any other message or any identification of a
neighborhood, neighborhood group, or other person or organization on the sign.
(Ord. Nos. 17167; 17225; 23822)
SEC. 28-28.   TESTING UNDER ACTUAL CONDITIONS OF TRAFFIC.
   The traffic engineer may test all forms of traffic control devices under
actual conditions of traffic. (Ord. 14584)
SEC. 28-29.   EXISTING DEVICES AFFIRMED AND RATIFIED.
   Traffic control signs, signals, devices, and markings previously placed or
erected by the police department or department of transportation, or any
predecessor department, and now in use for the purpose of regulating, warning,
or guiding traffic are affirmed, ratified, and declared to be official traffic
control devices, provided that these traffic control devices are not
inconsistent with the provisions of state law or this chapter. (Ord. Nos.
14584; 22026; 28424; 30239; 30654)
SEC. 28-30.   DISPLAY OF UNAUTHORIZED SIGNS, SIGNALS OR MARKINGS.
   (a)   A person commits an offense if he places, maintains, or displays, upon
or in view of a highway, any unauthorized sign, signal, marking, or device
which purports to be, is an imitation of, or resembles an official traffic
control device or railroad sign or signal, or which attempts to direct the
movement of traffic, or which hides from view or interferes with the
effectiveness of an official traffic control device or a railroad sign or
signal, or which warns or attempts to warn the operator of a vehicle of speed
control enforcement being conducted on the highway.
   (b)   A person commits an offense if he places or maintains, upon any
highway, an official traffic signal or sign on which commercial advertising is
printed. This section shall not prohibit the erection of signs of a type which
cannot be mistaken for official signs upon private property adjacent to
highways. (Ord. 14584)
SEC. 28-31.   INTERFERENCE WITH DEVICES OR RAILROAD SIGNS OR SIGNALS.
   A person commits an offense if, without lawful authority, he alters,
attempts to alter, defaces, injures, knocks down, or removes any official
traffic control device, barricade, detour sign, or warning sign (whether
permanent or temporary), or any railroad sign, signal, inscription, shield, or
insignia. (Ord. 14584)
SEC. 28-32.   AUTHORITY TO DESIGNATE CROSSWALKS, ESTABLISH SAFETY ZONES AND
MARK TRAFFIC LANES.
   The traffic engineer shall on the basis of engineering and traffic surveys:
   (1)   designate and maintain, by appropriate devices, marks, or lines upon
the surface of the roadway, crosswalks at intersections where surveys indicate
there is particular danger to pedestrians crossing the roadway, and at other
places where surveys indicate they are necessary;
   (2)   establish safety zones at places where the surveys indicate it is
necessary for the protection of pedestrians;
   (3)   mark lanes for traffic on street pavements at places where it is found
necessary, consistent with this chapter and other traffic ordinances of the
city. (Ord. 14584)
SEC. 28-33.   TRAFFIC ENGINEER TO ERECT SIGNS DESIGNATING PEDESTRIANWAYS.
   The traffic engineer is authorized to erect signs at each entrance of a
pedestrianway constructed over an expressway, designating such pedestrianways
as safety crossings for school children, and the signs may state that riding
bicycles, motorcycles and motorbikes along or across such pedestrianways is
prohibited. (Ord. 14584)
SEC. 28-34.   BICYCLES, ANIMALS, VEHICLES PROHIBITED FROM USING PEDESTRIANWAYS.
   A person commits an offense if he rides a bicycle, animal, or vehicle across
a pedestrianway constructed over an expressway, designated by the traffic
engineer as a pedestrianway for school children or as a pedestrianway under the
master plan of the city. (Ord. 14584)
SEC. 28-34.1.   INSTALLATION, REMOVAL, AND REPAIR OF SPEED BUMPS IN ALLEYS;
FEES.
   (a)   The traffic engineer may install or remove speed bumps in an alley if
he receives:
      (1)   a written request for the installation or removal signed by all of
the resident owners or tenants having frontage along the alley with at least 80
percent of the owners or tenants being in favor of the installation or removal;
and
      (2)   payment of the fee calculated under Subsection (d).
   (b)   The requirement of Subsection (a)(1) shall be satisfied if:
      (1)   at least 80 percent of the resident owners or tenants having
frontage along the alley are in favor of the installation or removal and have
signed the written request; and
      (2)   the remaining resident owners or tenants have been notified of the
request either in person or by deposit of a written notice properly addressed
and postage prepaid in the United States mail. Notice by mail must be given at
least 10 days prior to the installation or removal.
   (c)   The traffic engineer may repair existing speed bumps in an alley if he
receives:
      (1)   a written request for the repair from a resident owner or tenant
having frontage along the alley; and
      (2)   payment of the fee calculated under Subsection (d).
   (d)   The fee for the installation, removal, or repair of speed bumps shall
be an estimate of the actual cost of the work to be performed, as determined by
the traffic engineer. (Ord. 17828)
ARTICLE VI.
OPERATION OF VEHICLES.
Division 1. Generally.
SEC. 28-35.   BACKING INTO INTERSECTION PROHIBITED.
   A person commits an offense if, as the operator of a vehicle, he backs the
vehicle into an intersection or over a crosswalk. (Ord. 14584)
SEC. 28-36.   OPERATION UPON PARKWAYS.
   A person commits an offense if he drives or operates a vehicle upon a
parkway except at a permanent or temporarily established authorized driveway.
(Ord. 14584)
SEC. 28-37.   IDENTIFICATION OF FUNERAL PROCESSION.
   A funeral composed of a procession of vehicles shall be identified by the
display of a pennant upon the outside of the lead vehicle and the hearse, and
all other vehicles in the procession shall have their headlamps turned on.
(Ord. 14584)
SEC. 28-38.   FUNERAL OR OTHER PROCESSION; OPERATION OF VEHICLES.
   Each driver in a funeral procession shall drive as near to the right-hand
edge of the roadway as practical and shall follow the vehicle ahead as closely
as practical and safe. (Ord. 14584)
SEC. 28-39.   SAME - DRIVING THROUGH PROHIBITED.
   A person, not a member of a funeral procession, commits an offense if he
drives a vehicle between the vehicles comprising the funeral procession while
they are in motion and when such vehicles are conspicuously designated as
required in this chapter. (Ord. 14584)
SEC. 28-40.   OPERATION OF MOTORCYCLES, ETC.
   A person commits an offense if he operates a motorcycle, motor scooter,
mini-bike, or motor-driven bicycle on private property, unless the vehicle is
equipped with a muffler meeting the requirements of Texas motor vehicle laws.
No parent, guardian, or other adult person shall knowingly permit a person
under the age of 17 years who is under the control of such parent, guardian, or
adult, to violate this section. (Ord. 14584)
SEC. 28-41.   RIDING IN PORTIONS OF VEHICLES NOT DESIGNED OR EQUIPPED FOR
PASSENGERS.
   (a)   A person commits an offense if he rides upon any portion of a vehicle
not designed or intended for the use of passengers. This section shall not
apply to an employee engaged in the necessary discharge of a duty of employment
or to persons riding within truck bodies in space intended for merchandise.
   (b)   A person commits an offense if as a passenger, in addition to an
operator, he rides upon a motor scooter or motor assisted bicycle, or if as the
operator of a motor scooter or motor assisted bicycle, he permits a person to
ride as a passenger, unless the vehicle is equipped with a seat and a set of
foot rests for the passenger. (Ord. 14584)
SEC. 28-41.1.   RESERVED.
(Repealed by Ord. 31479)
SEC. 28-41.1.1.   RESTRICTIONS ON THE USE OF MOTOR ASSISTED SCOOTERSAND
ELECTRIC BICYCLES.
   (a)   In this section:
      (1)    BUFFER/FURNISHING/CURB ZONE means the areas between the curb and
the sidewalk clear zone that provides separation and protection from moving
vehicle traffic.
      (2)   CHILD means any individual younger than 17 years of age.
      (3)   ELECTRIC BICYCLE:
         (A)   has the meaning assigned by Section 664.001 of the Texas
Transportation Code, as amended;
         (B)   the term does not include:
            (i)   a motorized mobility device, as defined by Section 542.009 of
the Texas Transportation Code, as amended;
            (ii)   an electric personal assistive mobility device, as defined
by Section 551.201 of the Texas Transportation Code, as amended; or
            (iii)   a neighborhood electric vehicle, as defined by Section
551.301 of the Texas Transportation Code, as amended.
      (4)   HELMET means a properly-fitted bicycle helmet that:
         (A)   is not structurally damaged; and
         (B)   conforms to current standards of the American National Standards
Institute, the American Society for Testing and Materials, the Snell Memorial
Foundation, or any federal agency having regulatory jurisdiction over bicycle
helmets.
      (5)   MOTOR ASSISTED SCOOTER has the meaning assigned by Section 551.351
of the Texas Transportation Code, as amended.
      (6)   PARENT means a person who is the natural parent, adoptive parent,
step-parent, court-appointed guardian or conservator of a child, or adult with
care, custody, or control of a child.
      (7)   PASSENGER means any person riding upon or attached to a motor
assisted scooter who is not the primary operator of the vehicle.
      (8)   PEDESTRIAN ZONE means the portion of the street that accommodates
non-vehicular activity, it extends from the face of the building or edge of the
property line to the face of the curb.
      (9)   SIDEWALK CLEAR ZONE means the portion of the pedestrian zone that
is specifically reserved for pedestrian travel.
      (10)   SHARED DOCKLESS VEHICLE has the meaning assigned by Article X,
"Shared Dockless Vehicle Operating Permit" of
Chapter 43, "Streets and Sidewalks," of the Dallas City Code, as amended.
      (11)   SLOW RIDE ZONE means an area where shared dockless vehicles may
not exceed 10 miles per hour or the speed limit otherwise posted.
      (12)   STATE FAIR GROUNDS means the area:
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.
      (13)   STATE FAIR OF TEXAS means the annual fall fair held at Fair Park.
      (14)   TRAIL means a pathway for pedestrian circulation, alternative
transportation, and recreational uses that is designed and constructed in
compliance with standards and specification adopted and maintained by the city.
      (15)   WEARING A HELMET means that a helmet is properly attached to a
person's head with the chin straps of the helmet securely fastened and
tightened.
   (b)   Every motor assisted scooter and electric bicycle must be equipped
with a lamp on the front that emits a white light that is visible at a distance
of not less than 500 feet and a red reflector on the rear that is visible from
a distance of not less than 600 feet when directly in front of lawful lower
beams of head lamps on a motor vehicle.
   (c)   The traffic engineer is authorized to designate zones where the
operation of motor assisted scooters is prohibited and slow ride zones for
motor assisted scooters and electric bicycles. Slow ride zones are in the areas
where, in the professional judgment of the traffic engineer:
      (1)   congested pedestrian or non-motorized traffic is present;
      (2)   without a speed limit, a significant speed differential would exist
between pedestrians or non-motorized traffic and motor assisted scooters and
electric bicycles; and
      (3)   without a speed limit, the presence of motor assisted scooters and
electric bicycles could endanger public safety.
   (d)   A rider shall comply with the requirements of this chapter imposed on
a driver of a vehicle, except those by which their nature can have no
application.
   (e)   A rider shall obey the instruction of traffic signals, signs, and
other traffic-control devices as applicable to vehicles, unless directed by a
peace officer.
   (f)   Unless a bike lane is specifically designated otherwise, a rider
traveling in a bike lane may not travel in the opposite direction of adjacent
motor vehicles in the roadway.
   (g)   A person commits an offense if the person:
      (1)   operates or rides a motor assisted scooter on any sidewalk within
the city;
      (2)   operates or rides a motor assisted scooter or an electric bicycle
at a speed greater than:
         (A)   20 miles per hour;
         (B)   the designated speed limit in a designated slow ride zone; or
         (C)   the posted speed limit on a public street or trail.
      (3)   operates or rides a motor assisted scooter on the state fair
grounds during the State Fair of Texas;
      (4)   operates or rides a motor assisted scooter in a public park or
public plaza;
      (5)   is a parent of a child and the parent knowingly permits, or by
insufficient control allows, the child to operate or ride a motor assisted
scooter on any sidewalk within the city;
      (6)   is a child and operates or rides a motor assisted scooter or
electric bicycle without wearing a helmet while in the public right-of-way or
in a public park or public plaza within the city;
      (7)   is a parent of a child and the parent knowingly permits, or by
insufficient control allows, the child to operate or ride a motor assisted
scooter or electric bicycle in the public right-of-way or in a public park or
public plaza within the city when the child is not wearing a helmet;
      (8)   transports any passenger on a motor assisted scooter or electric
bicycle while in the public right-of-way or public park or public plaza within
the city, unless the device is equipped with a seat and a set of foot rests for
the passenger;
      (9)   fails to yield the right-of-way to any pedestrian while operating a
motor assisted scooter or an electric bicycle;
      (10)   operates a motor assisted scooter on a trail where riding is
prohibited or during the hours that riding is prohibited on the trail; or
      (11)   operates a motor assisted scooter or electric bicycle on public
landscaping or art or on public amenities in a manner that is contrary to the
intended use of the amenity.
   (h)   In the public right-of-way, a person shall park a motor assisted
scooter or an electric bicycle in a standing upright position:
      (1)   on concrete or other non-porous surface;
      (2)   in a space designated by the city for the parking of motor assisted
scooters or electric bicycles;
      (3)   in the pedestrian zone if it is fully contained in the buffer/
furnishing/curb zone; or
      (4)   fastened to a bicycle rack in the right-of-way, if the device
includes a locking mechanism.
   (i)   A person may not park a motor assisted scooter or electric bike:
      (1)   within 10 feet of an intersection or crosswalk, unless that area is
a space designated by the city for the parking of motor assisted scooters or
electric bicycles;
      (2)   on a roadway unless that area is a space designated by the city for
the parking of motor assisted scooters or electric bicycles;
      (3)   on a sidewalk or public path in such a way as to obstruct traffic
that prevents the free passage over any part of the sidewalk or public path,
including in the sidewalk clear zone or pedestrian zone;
      (4)   along a blockface where the combined width of the sidewalk clear
zone and buffer/furnishing/ curb zone is less than eight feet;
      (5)   in a space designated as a motor vehicle parking or loading space
or between two designated vehicle parking spaces;
      (6)   within, against, or adjacent to a public transit shelter or public
transit stop, in a manner which restricts the use of the shelter or stop by
pedestrians who are waiting for public transportation;
      (7)   in a manner that obstructs fire suppression appurtenances, building
entryways or exits, or vehicular driveways;
      (8)   on any private property without permission of the property owner;
or
      (9)   in a public park or plaza unless that area is a space designated by
the city for the parking of motor assisted scooters or electric bicycles.
   (j)   An offense under this section is punishable by a fine not to exceed
$200. Except as specifically provided otherwise in this section, a culpable
mental state is not required for the commission of an offense under this
section.
   (k)   A peace officer has the authority to enforce Subsection (g) of this
section and to issue citations. A parking enforcement officer has authority to
enforce the provisions of this section and to issue citations for violations of
this section including moving violations. (Ord. Nos. 30935; 31048; 31383;
31479; 32232)
SEC. 28-41.2.   REGULATING THE USE OF HAND-HELD MOBILE TELEPHONES AND MOBILE
COMMUNICATION DEVICES IN SCHOOL ZONES.
   (a)   In this section:
      (1)   ENGAGING IN A CALL means talking into, dialing, or listening on a
hand-held mobile telephone, but does not include holding a mobile telephone to
activate or deactivate the telephone.
      (2)   HAND-HELD MOBILE TELEPHONE means a mobile telephone with which a
user engages in a call using at least one hand (or prosthetic device or aid in
the case of a physically disabled person).
      (3)   HANDS-FREE MOBILE TELEPHONE means a mobile telephone that has an
internal feature or function or that is equipped with an attachment or
addition, whether or not permanently part of the mobile telephone, by which a
user engages in a call without the use of either hand (or prosthetic device or
aid in the case of a physically disabled person) whether or not the use of
either hand (or prosthetic device) is necessary to activate or deactivate the
mobile telephone.
      (4)   MOBILE COMMUNICATION DEVICE means a text-messaging device or other
electronic, two- way communication device that is designed to receive and
transmit voice communication, text communication, or both. The term includes a
mobile telephone and a personal digital assistant (PDA).
      (5)   MOBILE TELEPHONE means a device used by subscribers and other users
of wireless telephone service to access such service.
      (6)   SCHOOL ZONE means a school traffic zone as designated in Section
28-50 of this chapter.
      (7)   TEXT MESSAGE means a two-way communication (whether real-time or
asynchronous) in which data (composed in whole or in part of text, numbers,
images, or symbols) is sent, entered, or received by a method other than by
voice and transmitted through either a short message service (SMS) or a
computer network. The term does not include a communication transmitted through
a global positioning or navigation system.
      (8)   WIRELESS TELEPHONE SERVICE means two-way, real time voice
telecommunications service that is interconnected to a public switched
telephone network and is commonly referred to as cellular service or personal
communication service.
   (b)   A person commits an offense if the person uses a hand-held mobile
telephone to engage in a call or uses a mobile communication device to send,
read, or write a text message, while operating a moving motor vehicle in a
school zone:
      (1)   on an official school day;
      (2)   during the hours when the school zone is in effect;
      (3)   when signs are conspicuously posted to indicate the beginning and
end of the school zone; and
      (4)   when signs stating “NO TEXT- MESSAGING OR HAND-HELD CELL PHONE USE
IN ACTIVE SCHOOL ZONE” or similar language are conspicuously posted at each
entrance to the school zone.
   (c)   An operator of a motor vehicle who holds a mobile telephone to or in
the immediate proximity of his or her ear while the vehicle is in motion is
presumed to be engaging in a call under this section. Immediate proximity is
any distance that permits the user of a mobile telephone to hear
telecommunications transmitted over the telephone and does not require physical
contact with the user’s ear.
   (d)   It is a defense to prosecution under this section that the person was:
      (1)   operating an authorized emergency vehicle and using the mobile
telephone or mobile communication device in the course and scope of the
person’s official duties;
      (2)   using the mobile telephone or mobile communication device to:
         (A)   report illegal activity to a law enforcement agency;
         (B)   communicate with an emergency response operator, a fire
department, a law enforcement agency, a hospital, a physician’s office, or a
health clinic regarding a medical or other emergency situation; or
         (C)   prevent injury to a person or property; or
      (3)   using a hands-free mobile telephone in a hands-free manner.
   (e)   A person convicted of an offense under this section shall be punished
by a fine of $200.
   (f)   An offense under this section is not a moving violation and may not be
made a part of a person’s driving record or insurance record.
   (g)   In addition to enforcement by a peace officer of the city of Dallas,
this section may be enforced by a peace officer of another governmental entity
pursuant to a duly authorized interlocal agreement between the governmental
entity and the city of Dallas. (Ord. 27101)
SEC. 28-42.   DRIVING ON FOUR-WAY PLACE AND STONE PLACE.
   A person commits an offense if he drives a vehicle on, over, or along Four-
Way Place (formerly known as Exchange Place) or Stone Place, except for
official city maintenance vehicles. (Ord. 14584)
SEC. 28-42.1.   CRUISING PROHIBITED IN DESIGNATED AREAS.
   (a)   In this section:
      (1)   CRUISE or CRUISING means to operate a motor vehicle, or to permit
the operation of a motor vehicle under one’s care, custody, or control, so as
to pass the same traffic control point within a no cruising zone three times
within any two-hour period.
      (2)   NO CRUISING ZONE means any of the following streets or areas:
         (A)   The area within the West End Historic District bounded by and
including the following streets or portions of streets:
 
STREET          EXTENT
Elm Street      Lamar Street to Houston Street
Houston Street  Elm Street to Ross Avenue
Ross Avenue     Houston Street to Record Street
Record Street   Ross Avenue to McKinney Avenue
McKinney Avenue Record Street to Lamar Street
Lamar Street    McKinney Avenue to Elm Street.
 
         (B)   The area within the Deep Ellum District bounded by and including
the following streets or portions of streets:
 
STREET                  EXTENT
Good-Latimer Expressway Elm Street to Commerce Street
Commerce Street         Good-Latimer Expressway to Hall Street
Hall Street             Commerce Street to Elm Street
Elm Street              Hall Street to Good-Latimer Expressway.
 
         (C)   The following streets or portions of streets:
 
STREET            EXTENT
Clarendon Drive   Westmoreland Road to Hampton Road
Hampton Road      Sharon Avenue to Catherine Street
Westmoreland Road Sharon Avenue to Brooklyndell Avenue.
 
      (D)   The following streets or portions of streets:
 
STREET                EXTENT
Shady Trail           Willowbrook Road to Fabens Road
Harry Hines Boulevard Royal Lane to Lombardy Lane
Walnut Hill Lane      Composite Drive to Harry Hines Boulevard
Southwell Road        Ables Lane to Harry Hines Boulevard.
 
      (3)   TRAFFIC CONTROL POINT means any point established by the chief of
police within a no cruising zone for the purpose of monitoring cruising.
   (b)   A person commits an offense if:
      (1)   between 8:00 p.m. and 4:00 a.m. on any day of the week, he cruises
in an area marked in accordance with Subsection (e) as a no cruising zone, as
defined in Subsection (a)(2)(A) or (a)(2)(B);
      (2)   between 3:00 p.m. and 1:00 a.m. on any day of the week, he cruises
in an area marked in accordance with Subsection (e) as a no cruising zone, as
defined in Subsection (a)(2)(C); or
      (3)   between 4:30 p.m. and 8:00 a.m. on any day of the week, he cruises
in an area marked in accordance with Subsection (e) as a no cruising zone, as
defined in Subsection (a)(2)(D).
   (c)   A citation will be issued under Subsection (b) any time after the
third passage of the vehicle by the traffic control point.
   (d)   It is a defense to prosecution under Subsection (b) that the motor
vehicle was:
      (1)   an official public safety or emergency vehicle;
      (2)   a licensed public transportation vehicle; or
      (3)   a vehicle being used for business purposes.
   (e)   The traffic engineer shall mark a no cruising zone by conspicuously
posting appropriate signs at each entrance to the zone. (Ord. Nos. 20606;
23616; 25274; 31714)
Division 2. Speed Regulations.
SEC. 28-43.   SPEEDS GREATER THAN 30 MILES PER HOUR ON PUBLIC STREETS OR 15
MILES PER HOUR ON PUBLIC ALLEYS NOT REASONABLE OR PRUDENT.
   A person commits an offense if he operates a vehicle on any street within
the city at a speed greater than 30 miles per hour or on any public alley at a
speed greater than 15 miles per hour, unless otherwise provided by this
chapter. Any speed in excess of 30 miles per hour on a public street or 15
miles per hour in a public alley, unless otherwise provided by this chapter,
shall be prima facie evidence that the speed is not reasonable or prudent and
is unlawful. (Ord. 14584)
SEC. 28-44.   STREETS OTHER THAN EXPRESSWAYS AND FREEWAYS.
   A person commits an offense if he operates or drives a vehicle on the
following designated streets at a speed greater than the speed designated by
this section for that street or portion of that street, and any speed in excess
of the limit provided in this section shall be prima facie evidence that the
speed is not reasonable nor prudent and is unlawful.
STREET EXTENT SPEED
              (MPH)
STREET                     EXTENT                     SPEED
                                                      (MPH)
Abrams Road                North city limits to       40
                           Skillman Street
Abrams Road                Paulus Avenue to Beacon    35
                           Street
Abrams Road                Skillman Street to         35
                           Lakeshore Drive
Airdrome Drive             Mockingbird Lane to Lemmon 35
                           Avenue
Alamo Street               Cedar Springs Road to      35
                           Wichita Street
Alonzo Place               McCoy Place to Washington  20
                           Avenue
Alpha Road                 The west city limits to    35
                           Hillcrest Road
Applegrove Street          Morris Street to Greenleaf 20
                           Street
Applegrove Street          Bickers Street to Canada   20
                           Drive
Arapaho Road               Dallas Parkway to Golden   40
                           Creek Road
Arapaho Road               Golden Creek Road to Coit  35
                           Road
Audelia Road               The north city limits to   40
                           Skillman Street
Audelia Road               Skillman Street to         35
                           Northwest Highway
                           Tom Braniff Lane to one-
Aviation Place             half mile north of Tom     20
                           Braniff Lane
Baker Avenue               Pointer Avenue to Toronto  20
                           Avenue
Barnes Bridge Road         Ferguson Road to the east  35
                           city limits
Barnes Bridge Road         Garland Road to Shiloh     35
                           Road
Barry Avenue               Crosstown Expressway to R. 35
                           L. Thornton Freeway
N. Beckley Avenue          750 feet north of Commerce 35
                           Street to Canada Drive
N. Beckley Avenue          Zang Boulevard to 750 feet 35
                           south of Commerce Street
Belt Line Road             West city limits to Spring 40
                           Creek Road
Belt Line Road             Spring Creek Road to Coit  35
                           Road
                           1250 feet east of Sanders
E. Belt Line Road          Loop to 450 feet east of   50
                           S. Northlake Road
Bernal Drive               Walton Walker Boulevard to 35
                           Westmoreland Road
Bethurum Street            Railroad Avenue to         20
                           Woodville Avenue
Beulah Place               Lyons Street to Watt Sims  20
                           Walk
Big Town Boulevard         Forney Road to the city    40
                           limits of Mesquite, Texas
Bishop Avenue              Colorado Boulevard to      35
                           Davis Street
Bluffview Boulevard        Lemmon Avenue to Lovers    35
                           Lane
Bonnie View Road           Ledbetter Drive to         40
                           Simpson-Stuart Road
Bonnie View Road           Simpson-Stuart Road to     35
                           Riverside Drive
Bonnie View Road           Riverside Drive to the     45
                           south city limits
Brookhaven Avenue          Illinois Avenue to Beckley 25
                           Avenue
Brown Place                Kings Road to Hawthorne    20
                           Avenue
Bruton Road                Second Avenue to Moonlight 35
                           Avenue
Bruton Road                Moonlight Avenue to Jim    50
                           Miller Road
Bruton Road                Jim Miller Road to the     35
                           east city limits
Bucknell Drive             Northwest Highway to       25
                           Trammell Drive
Buckner Boulevard          Carr Street to C.F. Hawn   40
                           Freeway
Buckner Boulevard          Northwest Highway to       45
                           Edgelake Drive
Buckner Boulevard          Edgelake Drive to Samuell  40
                           Boulevard
Buckner Boulevard          Samuell Boulevard to Carr  45
                           Street
                           The city limits at the Elm
California Crossing Road   Fork of the Trinity River  40
                           to Northwest Highway
Calypso Street             Holystone Street to        20
                           Hampton Road
Campbell Road              Coit Road to Preston Road  35
Camp Wisdom Road           Turnout Lane to Clark Road 40
Camp Wisdom Road           3500 feet west of FM 1382  35
                           to Turnout Lane
Camp Wisdom Road           West city limits to        40
                           Lancaster Road
Canaan Street              Choice Street to Vesper    20
                           Street
Canaan Street              Parsons Street to the      20
                           south end of Canaan Street
Canada Drive               Pluto Street to Borger     35
                           Street
Canada Drive               Borger Street to Gulden    45
                           Street
Canada Drive               Gulden Street to Beckley   35
                           Avenue
Carver Place               Alonzo Place to La Fayette 20
                           Place
Carver Place               Cochran Place to Munger    20
                           Avenue
Cedar Crest Boulevard      Martin Luther King Jr.     35
                           Boulevard to Stella Avenue
                           From a point 800 feet east
Cedardale Road             of Glorietta Lane to       35
                           Langdon Drive
Cedar Springs Road         Mockingbird Lane to        35
                           Hudnall Street
Cedar Springs Road         Mockingbird Lane to a
(northbound)               point 500 feet south of    40
                           Howard Megredy Circle
Cedar Springs Road         From a point 500 feet
(northbound)               south to 500 feet north of 30
                           Howard Megredy Circle
Cedar Springs Road         From a point 500 feet
(northbound)               north to 1770 feet north   20
                           of Howard Megredy Circle
Cedar Springs Road         Mockingbird Lane to a
(southbound)               point 350 feet north of    40
                           Howard Megredy Circle
Cedar Springs Road         From a point 350 feet
(southbound)               north to 1725 feet north   30
                           of Howard Megredy Circle
Cedar Springs Road         From a point 1725 feet
(southbound)               north to 2375 feet north   20
                           of Howard Megredy Circle
Centerville Road           Garland Road to Shiloh     35
                           Road
                           Singleton Boulevard to
Chalk Hill Road            eight-tenths of a mile     35
                           north of Davis Street
                           Davis Street to eight-
Chalk Hill Road            tenths of a mile north of  40
                           Davis Street
Choice Street              Parsons Street to Canaan   20
                           Street
Church Road                Abrams Road to Ashglen     35
                           Circle
Clarendon Drive            Corinth Street Road to     35
                           Cumberland Street
Clark Road                 The south city limits to   40
                           Interstate Highway 20
Cochran Place              McCoy Place to Carver      20
                           Place
Cockrell Hill Road         Davis Street to Interstate 40
                           Highway 30
                           Kiest Boulevard to a point
Cockrell Hill Road         two hundred fifty feet     40
                           south of Corral Drive at
                           the south city limits
                           Kiest Boulevard to the
Cockrell Hill Road         south city limits of       35
                           Cockrell Hill
                           Frankford Road at the
Coit Road                  north city limits to       45
                           McCallum Boulevard
                           McCallum Boulevard to a
Coit Road                  point 130 feet north of    40
                           Campbell Road
Coit Road                  Spring Valley Road to      40
                           Forest Lane
Columbia Avenue            Carroll Avenue to Beacon   35
                           Street
Commerce Street            Rock Island Street to      35
                           Trinity River
Commerce Street            Fort Worth Avenue to the   35
                           Trinity River
Commodore Drive            Bexar Street to Woodville  20
                           Street
Commonwealth Drive         Irving Boulevard to        45
                           Stemmons Freeway
Congress Place             Kings Road to Hawthorne    20
                           Avenue
Continental Avenue         Singleton Boulevard to     35
                           Core Street
Corinth Street Road        150 feet east of Atwood    35
                           Street to Morrell Avenue
Corinth Street Road        Morrell Avenue to Ohio     40
                           Avenue
                           East levee of the Trinity
Corinth Street Viaduct     River to 150 feet east of  35
                           Atwood Street
Corrigan Avenue            Ledbetter Drive to Bonnie  25
                           View Road
Crosstown Expressway       Fitzhugh Avenue to Barry   35
                           Avenue
                           Lyndon B. Johnson Freeway
Dallas Parkway             to 435 feet north of       40
                           Arapaho Road
                           435 feet north of Arapaho
Dallas Parkway             Road to the north city     45
                           limits
Danieldale Road            Old Hickory Trail to R. L. 40
                           Thornton Freeway
Davis Street               The west city limits to    45
                           Tatum Avenue
Davis Street               Tatum Avenue to Dwight     35
                           Avenue
Davis Street               Dwight Avenue to           40
                           Westmoreland Avenue
Davis Street               Cliffdale Avenue to        35
                           Marlborough Avenue
Deepwood Drive             Carter Road to Western     25
                           Hills Drive
Delhi Street               Pointer Avenue to Toronto  20
                           Avenue
Dennison Street            Delhi Street to Rupert     20
                           Street
Denton Drive               The northwest city limits  35
                           to Webb Chapel Extension
Denton Drive               Webb Chaptel Extension to  40
                           Mockingbird Lane
Denton Drive               Mockingbird Lane to Maple  35
                           Avenue
                           McCallum Boulevard to 270
Dickerson Street           feet south of Hiddencreek  35
                           Drive
Dolphin Road               Samuell Boulevard to       35
                           Haskell Avenue
                           C. F. Hawn Freeway to
Dowdy Ferry Road           Murdock-Dowdy Ferry        35
                           Connection
                           Murdock-Dowdy Ferry
Dowdy Ferry Road           Connection to the south    40
                           city limits
Duncanville Road           Keeneland Parkway to the   40
                           south city limits
East Grand Avenue          Wayne Street to Tenison    35
                           Parkway
East Grand Avenue          Tenison Parkway to Gaston  35
                           Avenue
Easton Road                Lippit Avenue to the Santa 35
                           Fe Railroad
                           Jim Miller Road to the
Elam Road                  east city limits at Acres  35
                           Drive
Elsie Faye Heggins Street  Lamar Street to 500 feet   35
                           South of Lyons Street
Emerald Street             Lu Field Road to Royal     35
                           Lane
Empire Central             John W. Carpenter Freeway  35
                           to Harry Hines Boulevard
                           500 feet south of          Set by Texas
FM 1382                    Interstate Highway 20 to   Transportation Commission
                           2.6 miles south of Camp    Minute Order No. 108474,
                           Wisdom Road                as amended
                           2.1 miles north to 2.6     Set by Texas
FM 1382                    miles north of Lyndon B.   Transportation Commission
                           Johnson Freeway            Minute Order No. 108474,
                                                      as amended
Fair Oaks Avenue           125 feet north of Merriman 35
                           Parkway to Abrams Road
Ferguson Road              Samuell Boulevard to       40
                           Lyndon B. Johnson Freeway
Fish Trap Road             Shaw Street to Dennison    20
                           Street
Fish Trap Road             Canada Drive to Bickers    20
                           Street
Five Mile Parkway          Rugged Drive to Lost Creek 25
                           Drive
Fitzhugh Avenue            Crosstown Expressway to    35
                           Second Avenue
Floyd Road                 The north city limits to   35
                           Valley View Lane
Forest Lane                Preston Road to Skillman   40
                           Street
Forest Lane                Skillman Street to the     45
                           east city limits
Forest Lane                Harry Hines Boulevard to   35
                           Preston Road
Forney Road                Jim Miller Road to Buckner 35
                           Boulevard
Forney Road                Buckner Boulevard to Sam   40
                           Houston Road
Fort Worth Avenue          Davis Street to            40
                           Westmoreland Road
Fort Worth Avenue          Westmoreland Road to West  35
                           Commerce Street
Frankford Road             All portions within the    40
                           city limits
Garden Lane                Pinkston Drive to Roberts  20
                           Avenue
Garland Road               Gaston Avenue to           35
                           Tranquilla Drive
Garland Road               Tranquilla Drive to Barnes 40
                           Bridge Road
Garland Road               Barnes Bridge Road to      45
                           Lyndon B. Johnson Freeway
Gaston Avenue              Cambria Boulevard to East  35
                           Grand Avenue
Gladiolus Lane             Boulder Drive to Franklin  25
                           Street
Goldman Street             Canada Drive to Dennison   20
                           Street
Great Trinity Forest Way   Ledbetter Drive to         45
                           Wadsworth Drive
Great Trinity Forest Way   Wadsworth Drive to         50
                           Oklaunion Drive
Great Trinity Forest Way   Oklaunion Drive to C. F.   40
                           Hawn Freeway
Greenleaf Street           Holystone Street to        20
                           Applegrove Street
Greenville Avenue          The north city limits to   40
                           Walnut Hill Lane
Greenville Avenue          Walnut Hill Lane to        35
                           Mockingbird Lane
Gus Thomasson Road         Joaquin Drive to Maylee    35
                           Boulevard
Gus Thomasson Road         Santa Fe Railroad to       35
                           Kilkenny Place
Hampton Road               Akron Street to Dallas-    40
                           Fort Worth Turnpike
Hampton Road               415 feet north of Canada   35
                           Drive to Akron Street
S. Hampton Road            Dallas-Fort Worth Turnpike 35
                           to Cliff Teen Court
                           Cliff Teen Court to the
S. Hampton Road            south city limits at       40
                           Danieldale Road
Hampton Road Bridge (the
bridge connecting N.       415 feet north of Canada
Hampton Road and Inwood    Drive to 870 feet south of 45
Road over the Trinity      Conveyor Lane
River)
                           The northwest city limits
Harry Hines Boulevard      to 200 feet south of       45
                           Treadway Street
Harry Hines Boulevard      200 feet south of Treadway 40
                           Street to Ivan Street
Harry Hines Boulevard      Ivan Street to Payne       35
                           Street
Haskell Avenue             Ring Street to Dolphin     35
                           Road
Highland Road              San Rafael Drive to Jim    35
                           Miller Road
Hillcrest Road             North city limits to       35
                           Northwest Highway
Holystone Street           Canada Drive to Bickers    20
                           Street
Horizon North Parkway      Midway Road to the north   35
                           city limits
                           One-fourth of a mile south
Houston Street Viaduct     of Young Street to         40
                           Lancaster Avenue
N. Houston Street          Ross Avenue to Harry Hines 35
                           Boulevard
Illinois Avenue            Pierce Street to Belknap   35
                           Avenue
Illinois Avenue            Belknap Avenue to Overton  40
                           Road
Illinois Avenue            Overton Road to Central    35
                           Expressway
Illinois Avenue            Walton Walker Boulevard to 40
                           Pierce Street
Inwood Road                The north city limits to   40
                           Royal Lane
Inwood Road                Royal Lane to 870 feet     35
                           south of Conveyor Lane
                           The west city limits at
Irving Boulevard           the east levee of Trinity  45
                           River to Crampton Street
Irving Boulevard           Crampton Street to Pump    40
                           Plant B Road
Irving Boulevard           Pump Plant B Road to       35
                           Industrial Boulevard
Jarvis Street              Pilgrim Drive to Commodore 20
                           Drive
                           The city limits of
Jefferson Boulevard        Cockrell Hill, Texas to    35
                           Hampton Road
                           The west city limits to
Jefferson Boulevard        1200 feet west of Via      40
                           Bishop Grahmann
                           1200 feet west of Via
Jefferson Boulevard        Bishop Grahmann to Calumet 35
                           Avenue
Jefferson Boulevard        300 feet south of Young
Viaduct                    Street to the southwest    40
                           end of the viaduct
Jim Miller Road            Samuell Boulevard to       40
                           Forney Road
Jim Miller Road            Forney Road to 300 feet    35
                           south of Scyene Road
Jim Miller Road            300 feet south of Scyene   40
                           Road to Bruton Road
Jim Miller Road            Bruton Road to Loop 12     35
John West Road             Lakeland Drive to La Prada 35
                           Drive
                           From a point 600 feet east
Jordan Valley Road         of Palomino Road to the    35
                           east leg of Windfall
                           Circle
Joyce Way                  Douglas Avenue to Preston  20
                           Road
Jupiter Road               The north city limits to   40
                           Northwest Highway
Jupiter Road               Northwest Highway to       35
                           Centerville Road
Keeler Street              Wells Street to Canaan     20
                           Street
                           300 feet north to 1330
Keller Springs Road        feet west of Westgrove     35
                           Drive
                           1330 feet west of
Keller Springs Road        Westgrove Drive to the     40
                           west city limits
                           Mountain Creek Parkway to
Kiest Boulevard            a point 500 feet west of   45
                           Duncanville Road
                           From a point 500 feet west
Kiest Boulevard            of Duncanville Road to a   40
                           point 500 feet east of
                           Morse Drive
                           From a point 500 feet east
Kiest Boulevard            of Morse Drive to Van      35
                           Cleave Drive
Kiest Boulevard            Van Cleave Drive to Rector 40
                           Street
Kiest Boulevard            Rector Street to Cedar     35
                           Crest Boulevard
Kingsbridge Street         Canada Drive to Greenleaf  20
                           Street
Kingsbridge Street         Bickers Street to          20
                           Singleton Boulevard
Kingsley Road              Abrams Road to Jupiter     35
                           Road
                           The Balch Springs city
Kleberg Road               limits to the U.S. 175     35
                           east service road
La Fayette Place           Hall Street to Carver      20
                           Place
La Prada Drive             The northeast city limits  35
                           to Oates Drive
La Prada Drive             Oates Drive to John West   40
                           Road
Lake Highlands Drive       Northwest Highway to       35
                           Buckner Boulevard
Lake June Road             Pemberton Hill Road to     40
                           Amity Lane
                           Amity Lane to the east
Lake June Road             city limits at Cheyenne    35
                           Road
Lakeland Drive             Garland Road to John West  35
                           Road
Lakeview Parkway (State    The west city limits of
Highway 66)                Rockwall to the east city  55
                           limits of Rowlett
Lakeview Parkway (State    1000 feet east of
Highway 66)                Edgewater Drive to 50 feet 50
                           west of Shipp Road
Lamar Street               Pine Street to Central     35
                           Expressway
Lancaster Road             Ohio Avenue to Kingsley    35
                           Drive
Lancaster Road             Kingsley Drive to Arden    40
                           Road
Lancaster Road             Arden Road to Simpson-     45
                           Stuart Road
                           Simpson-Stuart Road to the
Lancaster Road             city limits at Cedardale   50
                           Road
Langdon Drive              Cedardale Road to the      35
                           southeast city limits
Laureland Road             775 feet west of Greenspan 35
                           Drive to Oxbow Lane
Lawnview Avenue            Samuell Boulevard to La    35
                           Barba Street
Leath Street               Kingsbridge Street to      20
                           Hampton Road
Ledbetter Drive            Whispering Cedar Drive to  40
                           Cockrell Hill Road
Ledbetter Drive            Cockrell Hill Road to Loop 45
                           12
Ledbetter Drive            Loop 12 to Kolloch Drive   35
Lemmon Avenue              Northwest Highway to Capps 35
                           Drive
Lemmon Avenue              Capps Drive to Thedford    40
                           Avenue
Lemmon Avenue East         Turtle Creek Boulevard to  35
                           Lemmon Avenue
Lombardy Lane              Harry Hines Boulevard to   35
                           Webb Chapel Road
Lovers Lane                Lemmon Avenue to Briarwood 35
                           Lane
Lovers Lane                Greenville Avenue to       35
                           Abrams Road
Luna Road                  Royal Lane to Northwest    40
                           Highway
Market Center Boulevard    Harry Hines Boulevard to   35
                           Irving Boulevard
Marsalis Avenue            Opera Street to Laureland  35
                           Road
Marsh Lane                 Lyndon B. Johnson Freeway  35
                           to Northwest Highway
                           1000 feet north of Trinity
Marsh Lane                 Mills Road to the          35
                           Carrollton city limits
Martin Luther King Jr.     Overpass at Lamar Street   35
Boulevard                  to Cedar Crest Boulevard
Masters Drive              Sam Houston Road to C. F.  40
                           Hawn Freeway
Matilda Bridge             Mockingbird Lane to        35
                           Greenville Avenue
Maylee Boulevard           Ferguson Road to Gus       35
                           Thomasson Road
McCallum Boulevard         Preston Road to Duffield   35
                           Drive
McCoy Place                Thomas Avenue to Munger    20
                           Avenue
McKinnon Street            Harry Hines Boulevard to   35
                           Ivan Street
McKinnon Street            Ivan Street to Payne       35
                           Street
Meandering Way             Lynworth Drive to Highland 35
                           Glen Trail
Merrifield Road            Verde Way to Davis Street  35
Merrifield Way             Mountain Creek Boulevard   45
                           to Verde Road
Midway Road                The north city limits to   35
                           Shore Crest Drive
Midway Road                Trinity Mills Road to the  40
                           north city limits
Military Parkway           Dolphin Road to Lovett     35
                           Avenue
Military Parkway           Lovett Avenue to Delafield 40
                           Lane
                           Delafield Lane to the east
Military Parkway           city limits at Sam Houston 45
                           Road
Mill Place                 Viking Place to Hatcher    20
                           Street
Miller Road                Lyndon B. Johnson Freeway  40
                           to the east city limits
Miller Road                150 feet east of Sunrise   40
                           Drive to C. A. Roan Drive
                           2700 feet east of
Miller Road                Centerville Road to 850    40
                           feet west of Dexham Road
Mockingbird Lane           McMillan Avenue to Briar   35
                           Creek Lane
Mockingbird Lane           Briar Creek Lane to Peavy  40
                           Road
Mockingbird Lane           Doug Drive to Robin Road   35
Monaghan Court             Eighth Street to Clarendon 20
                           Drive
Monte Place                Lyons Street to Hatcher    20
                           Street
Montfort Road              Belt Line Road to Arapaho  35
                           Road
Moody Street               Wichita Street to Akard    35
                           Street
Morris Street              Westmoreland Road to Baker 20
                           Avenue
Morris Street              Pointer Avenue to Rupert   20
                           Street
Morris Street              Kingsbridge Street to      20
                           Goldman Street
                           From a point 1150 feet
Mountain Creek Parkway     south of Eagle Ford Drive  35
                           to the southeast city
                           limits
Mountain Creek Parkway     1150 feet south of Eagle   35
                           Ford Drive to Clark Road
Munger Boulevard           Bryan Street to R. L.      35
                           Thornton Freeway
Municipal Street           Bexar Street to Rochester  20
                           Street
Murdock Road               Loop 12 to Murdock-Dowdy   40
                           Ferry Connection
Murdock-Dowdy Ferry        Murdock Road to Dowdy      40
Connection                 Ferry Road
Ninth Street               Cliffdale Avenue to        20
                           Jefferson Boulevard
                           The west city limits at
Northwest Highway          the Elm Fork of the        45
                           Trinity River to 1360 feet
                           east of Shady Trail
                           1360 feet east of Shady
Northwest Highway          Trail to 550 feet west of  40
                           Starlight Road
Northwest Highway          550 feet west of Starlight 35
                           Road to Central Expressway
Northwest Highway          Central Expressway to the  45
                           east city limits
Oates Drive                Ferguson Road to the east  35
                           city limits
Olympus Boulevard          Ranch Trail to Belt Line   35
                           Road
Park Lane                  Hillcrest Road to          35
                           Greenville Avenue
Park Lane                  Larmanda Street to Abrams  35
                           Road
Parma Place                Spring Avenue to Teal      20
                           Place
Parsons Street             Bexar Street to Choice     20
                           Street
Pearl Street               McKinney Avenue to Live    35
                           Oak Street
Pemberton Hill Road        C. F. Hawn Freeway to Loop 35
                           12
Pilgrim Drive              Commodore Drive to         20
                           Bethurum Avenue
Plano Road                 Forest Lane to Chesterton  40
                           Drive
Plano Road                 Chesterton Drive to        35
                           Northwest Highway
Pleasant Drive             Bruton Road to Grovecrest  35
                           Drive
Pointer Avenue             Vacek Street to Singleton  20
                           Boulevard
Polk Street                Turner Avenue to Twelfth   35
                           Street
Polk Street                Vernon Avenue to Ledbetter 35
                           Drive
                           Ledbetter Drive to the
Polk Street                south city limits at       40
                           Danieldale Road
Prairie Creek Road         Forney Road to Scyene Road 40
Prairie Creek Road         Scyene Road to Fostoria    35
                           Drive
                           The north city limits to
Preston Road               100 feet north of          45
                           Prestondell Drive
Preston Road               Prestondell Drive to       35
                           Northwest Highway
Prestonwood Boulevard      Arapaho Road to Belt Line  35
                           Road
Pueblo Street              Rupert Street to           20
                           Kingsbridge Street
Ravinia Drive              Jefferson Boulevard to     20
                           Gladstone Drive
Record Crossing Road       Stemmons Freeway to Harry  35
                           Hines Boulevard
Red Bird Lane              Cockrell Hill Road to      40
                           Marvin D. Love Freeway
Regal Row                  Governors Row to the       35
                           Irving city limits
Regal Row                  Governors Row to Harry     40
                           Hines Boulevard
Remond Drive               Westmoreland Road to Fort  35
                           Worth Avenue
Restland Road              Valley View Lane to        40
                           Greenville Avenue
Riverfront Boulevard       Irving Boulevard to        35
                           Corinth Street
Robert B. Cullum Boulevard Ash Lane to Second Avenue  35
Rosemeade Parkway          Marsh Lane to Dallas       35
                           Parkway
                           2700 feet south of Chaha
Rowlett Road               Road to 1700 feet north of 40
                           Roan Road
Royal Lane                 The west city limits to    35
                           Central Expressway
Royal Lane                 Central Expressway to      40
                           Greenville Avenue
Royal Lane                 Greenville Avenue to       35
                           Lyndon B. Johnson Freeway
Rupert Street              Bickers Street to the cul- 20
                           de-sac
Rupert Street              Pointer Avenue to Toronto  20
                           Avenue
                           The northeast city limits
St. Augustine Road         at Sam Houston Road to     35
                           Middlefield Road
Sam Houston Road           All portions within the    40
                           city limits
Samuell Boulevard          Dolphin Road to 300 feet   35
                           east of Enderley Place
Samuell Boulevard          300 feet east of Enderley  40
                           Place to Buckner Boulevard
                           300' East of Trinity Ct.,
Sandy Lake Road            Coppell to 160 East of     40
                           McInnish Park
Scyene Circle              All portions within the    45
                           city limits
Scyene Road                Second Avenue to Lagow     35
                           Street
Scyene Road                Lagow Street to Scyene     45
                           Circle
                           Scyene Circle east of
Scyene Road                Scyene Road to the east    45
                           city limits at Sam Houston
                           Road
                           Scyene Circle west of
Scyene Road                Scyene Road to six-tenths  35
                           of a mile west of Buckner
                           Boulevard
Seagoville Road            Elam Road to Prairie Creek 35
                           Road
Seagoville Road            Masters Drive to Acres     40
                           Drive
                           860 feet south of Dixon
Second Avenue              Avenue to C. F. Hawn       40
                           Freeway
Shady Trail                Walnut Hill Lane to        35
                           Northwest Highway
Shaw Street                Applegrove Street to       20
                           Goldman Street
Shiloh Road                Lyndon B. Johnson Freeway  40
                           to Santa Anna Avenue
Shiloh Road                Santa Anna Avenue to       35
                           Ferguson Road
Shoreview Road             Audelia Road to Thurgood   25
                           Lane
Simpson-Stuart Road        Lancaster Road to Bonnie   40
                           View Road
Simpson-Stuart Road        Bonnie View Road to        35
                           Central Expressway
Singleton Boulevard        Walton Walker Boulevard to 35
                           Hampton Road
Skillman Street            Forest Lane to 640 feet    45
                           north of Walling Lane
Skillman Street            640 feet north of Walling  40
                           Lane to Sandhurst Lane
Skillman Street            Sandhurst Lane to Richmond 35
                           Avenue
                           Interstate Highway 20 to
South Belt Line Road       900 feet south of Beckett  40
                           Road
South Ledbetter Drive      Walton Walker Boulevard to 40
                           Whispering Cedar Drive
Southern Oaks Boulevard    Illinois Avenue to Overton 35
                           Road
Southwestern Boulevard     Greenville Avenue to       35
                           Skillman Street
Spring Avenue              Wahoo Street to Hatcher    25
                           Street
Spring Valley Road         Dallas Parkway to Coit     35
                           Road
Spur 482 (Storey Lane)     The west city limits to    45
                           Harry Hines Boulevard
                           1100 feet east of
State Highway 66           Edgewater Drive to 1300    50
                           feet west of Mark Lane
Stonebridge Drive          Turtle Creek Boulevard to  20
                           Fitzhugh Avenue
Sylvan Avenue              Irving Boulevard to Morris 35
                           Street
                           150 feet north of
Sylvan Avenue              Singleton Boulevard to     35
                           Colorado Boulevard
Teagarden Road             Dowdy Ferry Road to        35
                           Muleshoe Road
Teal Place                 Spring Avenue to Beulah    20
                           Place
Telephone Road             Dallas City Limits to      45
                           Bonnie View Road
Tenison Parkway            East Grand Avenue to       25
                           Samuell Boulevard
Thomas Avenue              Leonard Street to Hall     25
                           Street
Tippecanoe Street          Tuxedo Street to Woodville 20
                           Street
Toronto Street             Westmoreland Road to Fish  20
                           Trap Road
Treehaven Street           Pilgrim Drive to Commodore 20
                           Drive
Trepur Court               All portions within the    20
                           city limits
                           Voss Road to two-tenths of
Trinity Mills Road         a mile west of Dallas      40
                           Parkway
                           Two-tenths of a mile west
Trinity Mills Road         of Dallas Parkway to       35
                           Dallas Parkway
Tuxedo Street              Bethurum Avenue to         20
                           Commodore Drive
Twelfth Street             Polk Street to Beckley     35
                           Avenue
Tyler Street               Colorado Boulevard to      35
                           Canty Street
Tyler Street               Page Avenue to Vernon      35
                           Avenue
Tyler Street Connection    Twelfth Street to Tyler
(formerly Polk St. Cut-    Street                     35
off)
University Hills Boulevard Ledbetter Drive to         40
                           Wheatland Road
Vacek Street               Rupert Street to the cul-  20
                           de-sac
Valleria Drive             Illinois Avenue south to   20
                           the dead end of the street
                           Lyndon B. Johnson Freeway
Valley View Lane           (east of Central           40
                           Expressway, north) to
                           Restland Road
Vernon Avenue              Tyler Street to Polk       35
                           Street
Vesper Street              Bexar Street to the west   20
                           end of Vesper Street
Victory Avenue             Houston Street to          35
                           Continental Avenue
Viking Place               Hatcher Street to Mill     20
                           Place
Walnut Street              Greenville Avenue to the   40
                           Garland, Texas city limits
Walnut Hill Lane           Greenville Avenue to Fair  40
                           Oaks Avenue
Walnut Hill Lane           Fair Oaks Avenue to Abrams 35
                           Road
Walnut Hill Lane           Stemmons Freeway to Harry  40
                           Hines Boulevard
Walnut Hill Lane           Harry Hines Boulevard to   35
                           Greenville Avenue
                           1350 feet south of
Walton Walker Boulevard    Illinois Avenue to         50
                           Ledbetter Drive
Watt Sims Walk             Hatcher Street to Mill     20
                           Place
Webb Chapel Extension      Harry Hines Boulevard to   35
                           Lombardy Lane
                           The city limits at Lyndon
Webb Chapel Road           B. Johnson Freeway to two- 35
                           tenths of a mile northwest
                           of Northwest Highway
Wells Street               Canaan Street to Southern  20
                           Pacific Railroad
West Commerce Street       Westmoreland Road to Lone  35
                           Star Drive
Westmoreland Road          Doug Drive to Ledbetter    35
                           Drive
Westmoreland Road          Ledbetter Drive to         40
                           Wheatland Road
Wheatland Road             All portions within the    45
                           city limits
Wildwood Drive             California Crossing Road   40
                           to the south city limits
Wolf Street                Santiago Plaza to Harry    20
                           Hines Boulevard
Woodville Street           Bethurum Avenue to         20
                           Commodore Drive
Wright Street              Illinois Avenue to         35
                           Edgefield Avenue
Wycliff Avenue             Stemmons Freeway to Irving 35
                           Boulevard
                           Central Expressway to a
Youngblood Road            point one mile east of     15
                           Central Expressway
                           Greenbriar Lane to one-
Zang Boulevard             eighth of a mile south of  35
                           Clarendon Drive
                           One-eighth of a mile south
Zang Boulevard             of Clarendon Drive to      40
                           three-tenths of a mile
                           south of Saner Avenue
 
(Ord. Nos. 14584; 14696; 14818; 14869; 14922; 14974; 15194; 15430; 15455;
15541; 15699; 15760; 15835; 16018; 16091; 16166 16288; 16411; 16524; 16577;
16624; 16821; 16901; 16986; 17041; 17146; 17345; 17456; 17576; 17667; 17875;
18265; 18283; 18483; 18484; 18982; 18983; 19749; 20196; 20475; 21237; 21564;
22643; 22926; 23078; 23556; 23917; 25833; 26500; 27294; 27700; 28871; 30022;
30217; 31552; 32291; 32488)
SEC. 28-45.   EXPRESSWAYS AND FREEWAYS.
   (a)   A person commits an offense if he operates or drives a vehicle on any
of the following designated freeways or expressways at a speed greater than the
speed designated by this section for that freeway or expressway or portion of
freeway or expressway, and any speed in excess of the limit provided in this
section shall be prima facie evidence that the speed is not reasonable nor
prudent and is unlawful.
STREET EXTENT SPEED  (MPH)
STREET                    EXTENT                     SPEED  (MPH)
Central Expressway        Woodall Rodgers Freeway to 50
                          Live Oak Street
                          From a point 600 feet
Central Expressway        south of Taylor Street to  35
                          Park Row
Central Expressway (S. M. Park Row to C. F. Hawn     Set by Texas Transportati
Wright Freeway; US 175)   Freeway                    on Commission Minute Order
                                                     No. 106769, as amended
Central Expressway (S. M. C. F. Hawn Freeway to a
Wright Freeway; SH 310)   point two-tenths of a mile 50
                          north of Overton Road
Central Expressway (S. M. From a point two- tenths
Wright Freeway; SH 310)   of a mile north of Overton 50
                          Road to Linfield Drive
Central Expressway (S. M. Linfield Drive to a point
Wright Freeway; SH 310)   750 feet north of          50
                          Ledbetter Drive
                          From a point 750 feet
Central Expressway (SH    north of Ledbetter Drive   50
310)                      to the south city limits
                          at Langdon Drive
C. F. Hawn Freeway (US    S. Central Expressway (SH  Set by Texas Transportat
175)                      310) to Prairie Creek Road ion Commissio n Minute
                                                     Order No. 114203
C. F. Hawn Freeway (US    Prairie Creek Road to      Set by Texas Transportat
175)                      Dallas south city limits   ion Commissio n Minute
                                                     Order No. 114203
Dallas Ft. Worth Turnpike West city limits to        Set by Texas Transportat
(IH 30)                   Stemmons Freeway (IH 35E)  ion Commissio n Minute
                                                     Order No. 114203
                          From a divergent point of  Set by North Texas Tollway
Dallas North Tollway      McKinnon Avenue and Harry  Authority Resolution No.
                          Hines Boulevard to the     97-30, as amended
                          north city limits
E.R.L. Thorton Freeway    First Avenue to Rockwall   Set by Texas Transportat
(IH 30)                   county line                ion Commissio n Minute
                                                     Order No. 114203
Good-Latimer Expressway   Taylor Street to Central   35
                          Expressway
                          Dallas county line to      Set by Texas Transportat
Interstate Highway 30     Rockwall west city limits  ion Commissio n Minute
                                                     Order No. 114203
Interstate Highway 35E    All portions within the    Set by Texas Transportati
Managed Lanes             city limits                on Commission Minute Order
                                                     No. 114058, as amended
Interstate Highway 635    All portions within the    Set by Texas Transportati
Managed Lanes             city limits                on Commission Minute Order
                                                     No. 114554, as amended
John W. Carpenter Freeway All portions within the    Set by Texas Transportati
(SH 183)                  city limits                on Commission Minute Order
                                                     No. 106769, as amended
Julius Schepps Freeway    E. R. L. Thornton Freeway  Set by Texas Transportati
(IH 45)                   (IH 30) to Hutchins north  on Commission Minute Order
                          city limits                No. 114203
Lyndon B. Johnson Freeway Grand Prairie east city    Set by Texas Transportati
(IH 20)                   limits to Duncanville west on Commission Minute Order
                          city limits                No. 114203
Lyndon B. Johnson Freeway Duncanville east city      Set by Texas Transportati
(IH 20)                   limits to Lancaster west   on Commission Minute Order
                          city limits                No. 114203
Lyndon B. Johnson Freeway Lancaster east city limits Set by Texas Transportati
(IH 20)                   to Hutchins west city      on Commission Minute Order
                          limits                     No. 114203
Lyndon B. Johnson Freeway Hutchins east city limits  Set by Texas Transportati
(IH 20)                   to Balch Springs west city on Commission Minute Order
                          limits                     No. 114203
Lyndon B. Johnson Freeway Farmers Branch city limits Set by Texas Transportati
(IH 635)                  to Stemmons Freeway (IH    on Commission Minute Order
                          35E)                       No. 114203
Lyndon B. Johnson Freeway N. Central Expressway (US  Set by Texas Transportat
(IH 635)                  75) to Kingsley Road       ion Commissio n Minute
                                                     Order No. 114203
Lyndon B. Johnson Freeway Stemmons Freeway (IH 35E)  Set by Texas Transportat
(IH 635)                  to N. Central Expressway   ion Commissio n Minute
                          (US 75)                    Order No. 114203
Marvin D. Love Freeway    S. R. L. Thornton Freeway  Set by Texas Transportat
(US 67)                   (IH 35E) to Dallas south   ion Commissio n Minute
                          city limits                Order No. 114203
Mountain Creek Lake       From the Grand Prairie     Set by North Texas Tollway
Bridge                    city limits to Mountain    Authority Resolution No.
                          Creek Parkway              97-31, as amended
N. Central Expressway (IH Woodall Rodgers Freeway    Set by Texas Transportat
345)                      (Spur 366) to E. R. L.     ion Commissio n Minute
                          Thorton Freeway (IH 30)    Order No. 114203
N. Central Expressway (US Richardson south city      Set by Texas Transportat
75)                       limits to Woodall Rodgers  ion Commissio n Minute
                          Freeway (Spur 366)         Order No. 114203
President George Bush     All portions within the    Set by North Texas Tollway
Turnpike                  city limits                Authority Resolution No.
                                                     01-40, as amended
R. L. Thornton Freeway    Stemmons Freeway to First  55
(IH 30)                   Avenue
S. R. L. Thorton Freeway  E. R. L. Thorton Freeway   Set by Texas Transportat
(IH 35E)                  (IH 30)to Dallas south     ion Commissio n Minute
                          city limits                Order No. 114203
                          Walton Walker Boulevard    Set by Texas Transportat
Spur 408                  (Loop 12) to Lyndon B.     ion Commissio n Minute
                          Johnson Freeway (IH 20)    Order No. 114229
Stemmons Freeway (IH 35E) R. L. Thornton Freeway to  55
                          Woodall Rodgers Freeway
                          Woodall Rodgers Freeway to Set by Texas Transportati
Stemmons Freeway (IH 35E) Lyndon B. Johnson Freeway  on Commission Minute Order
                                                     No. 106769, as amended
                          Lyndon B. Johnson Freeway  Set by Texas Transportati
Stemmons Freeway (IH 35E) to the north city limits   on Commission Minute Order
                                                     No. 106410, as amended
                          R. L. Thornton Freeway to  Set by Texas Transportati
U.S. Highway 80           the east city limits       on Commission Minute Order
                                                     No. 106769, as amended
Walton Walker Boulevard   Stemmons Freeway to the    Set by Texas Transportati
(Loop 12)                 city limits of Irving,     on Commission Minute Order
                          Texas                      No. 106769, as amended
Walton Walker Boulevard   Spur 408 to a point 1350
(Loop 12)                 feet south of Illinois     55
                          Avenue
Walton Walker Boulevard   Spur 408 to Irving south   Set by Texas Transportati
(Loop 12)                 city limits                on Commission Minute Order
                                                     No. 114229
                          North Central Expressway
Woodall Rodgers Freeway   to 1440 feet west of       50
                          Stemmons Freeway
                          1440 feet west of Stemmons
Woodall Rodgers Freeway   Freeway to the east levee  40
                          of the Trinity River
                          The east levee of the
Woodall Rodgers Freeway   Trinity River to Beckley   35
                          Avenue
 
   (b)   A person commits an offense if he operates or drives a vehicle on the
following designated roads at a speed greater than the speed designated by this
section for that road or portion of that road, and any speed in excess of the
limit provided in this section shall be prima facie evidence that the speed is
not reasonable nor prudent and is unlawful.
STREET EXTENT SPEED
              (MPH)
STREET                               EXTENT                               SPEED
                                                                          (MPH)
Central Expressway East Service Road The north city limits to Northwest   40
                                     Highway
Central Expressway West Service Road The north city limits to Northwest   40
                                     Highway
Central Expressway Service Roads     Northwest Highway to Live Oak Street 35
Central Expressway West Service Road Grand Avenue to Haven Street         35
Central Expressway East Service Road Pennsylvania Avenue to Harding       35
                                     Street
C. F. Hawn Freeway Service Roads     Lake June Road to Big Oaks Drive     40
C. F. Hawn Freeway Service Roads     Big Oaks Drive to the southeast city 45
                                     limits at Cade Road
Interstate Highway 30 service roads  Stemmons Freeway to the Grand        40
                                     Prairie city limits
John W. Carpenter Freeway Service    All portions within the city limits  40
Roads
Lyndon B. Johnson Freeway Service    From the Farmers Branch, Texas city  45
Roads                                limits to Emerald Street
Lyndon B. Johnson Freeway Service    All remaining portions within the    40
Roads                                city limits
Marvin D. Love Freeway Service Roads All portions within the city limits  40
R. L. Thornton Freeway Service Roads All portions within the city limits  40
R. L. Thornton Freeway Collector-    All portions between Malcolm X       45
Distributor Road                     Boulevard and Stemmons Freeway
State Highway 190 access roads       All portions within the city limits  45
Stemmons Freeway West Service Road   Regal Row to Mockingbird Lane        40
Stemmons Freeway West Service Road   Commonwealth Drive to Industrial     40
                                     Boulevard
Stemmons Freeway West Service Road   Industrial Boulevard to Commerce     35
                                     Street
Stemmons Freeway East Service Road   Industrial Boulevard to Regal Row    40
Walton Walker Boulevard East Service Illinois Avenue to 2300 feet north   40
Road                                 of Davis Street
Walton Walker Boulevard East Service 2300 feet north of Davis Street to
Road                                 900 feet north of the Interstate     35
                                     Highway 30 bridge
Walton Walker Boulevard East Service 900 feet north of the Interstate
Road                                 Highway 30 bridge to Singleton       40
                                     Boulevard
Walton Walker Boulevard West Service Illinois Avenue to 2300 feet north   40
Road                                 of Davis Street
Walton Walker Boulevard West Service 2300 feet north of Davis Street to   35
Road                                 50 feet north of Richey Street
Walton Walker Boulevard West Service 50 feet north of Richey Street to    40
Road                                 Singleton Boulevard
Woodall Rodgers Freeway North        Central Expressway to Routh Street   35
Service Road
 
(Ord. Nos. 14584; 14922; 14974; 15194; 15455; 16018; 16166; 16411; 16501;
17345; 18265; 18283; 19749; 19814; 20196; 22643; 22731; 25833; 27294; 27700;
28583; 28871; 29613; 30022; 31770)
SEC. 28-46.   STREETS IN PARK AREAS.
   A person commits an offense if he operates or drives a vehicle on a street,
roadway, path, or parking area open to the public, whether dedicated or not,
contained within the following designated city parks, at a speed greater than
the speed designated, and any speed in excess of the limit provided in this
section shall be prima facie evidence that the speed is not reasonable nor
prudent and is unlawful.
PARK MAXIMUM SPEED (MPH)
PARK                                                      MAXIMUM SPEED (MPH)
Arcadia Park                                              20
Arcadia Heights Park                                      20
Bachman Park                                              20
Barnes Bridge Road (from Lake Ray Hubbard Generator Plant 15
to the edge of Lake Ray Hubbard)
Crawford Park                                             15
Fair Oaks Park (excluding Merriman Parkway)               15
Fair Oaks Park (Merriman Parkway)                         30
Fair Park                                                 20
Kiest Park (excluding picnic area)                        20
Kiest Park (picnic area)                                  10
L. B. Houston (gun range)                                 15
L. B. Houston (golf course)                               20
Mountain Creek Lake Park                                  20
Norbuck Park                                              25
North Lake Park                                           20
Reverchon Park                                            15
Robertson Park, North                                     20
Robertson Park, South                                     20
Rochester Park                                            20
Samuell, East Park                                        20
Samuell-Grand Park                                        25
Samuell-Hobby Park                                        10
Tenison Park (picnic area)                                10
White Rock Park                                           25
 
(Ord. Nos. 14584; 14818; 15455)
SEC. 28-47.   MAXIMUM SPEED LIMITS; DETERMINATION.
   The traffic engineer shall determine on the basis of engineering and traffic
surveys the reasonable and safe maximum speed limits for each street within the
city and submit recommendations based on his investigation to the city council.
(Ord. 14584)
SEC. 28-48.   SAME - ALTERATION.
   On the basis of the recommendations of the traffic engineer, submitted in
accordance with the preceding section, the city council may alter the maximum
speed limit established in this chapter as the council deems necessary. (Ord.
14584)
SEC. 28-49.   POSTING OF SPEED LIMIT SIGNS.
   The traffic engineer shall post the maximum and minimum speeds established
in this division by appropriate signs in conspicuous places so that every
motorist may be aware of the speed limits. No sign shall be required in an
urban district where the maximum speed limit is 30 miles per hour and where
there is no minimum speed limit. (Ord. 14584)
SEC. 28-50.   SPEED IN SCHOOL ZONES; SIGNS; DESIGNATED STREETS.
   (a)   A person commits an offense if he operates a vehicle in a school
traffic zone at a speed greater than 20 miles per hour, and any speed in excess
of 20 miles per hour is prima facie evidence that the speed is not reasonable
nor prudent and is unlawful.
   (b)   The traffic engineer shall designate school traffic zones with
appropriate street markings or signs, which street markings or signs shall be
placed at the school zones by the traffic engineer. The speed limit designated
for school traffic zones shall be effective only at times when appropriate
signs advising motorists of the speed limit are placed in conspicuous places.
   (c)   The following streets or portions of streets are designated school
traffic zones when marked in accordance with Subsection (b):
STREET BLOCK(s) EXTENT
STREET       BLOCK(s) EXTENT
Aberdeen     6800-    300'W. of Hillcrest Road to Briarmeadow Drive
Avenue       7000
Abrams Road  1400-    260'S. of Ridgeway Street to 260'N. of Glasgow Drive
             1600
Abrams Road  3600-    170' S. of Anita Street to 260' S. of Bob-O-Links Drive
             3900
Abrams Road  5200-    150'S. of Crestmont Drive to 60'N. of Glennox Lane
             5400
Abrams Road  7300-    120'S. of Winedale Drive to 200'N. of Walnut Hill Lane
             7400
Abrams Road  8900-    350'S. to 755'N. of Whitehurst Drive
             9000
Abrams Road  11900-   510'S. to 565'N. of Chimney Hill Lane
             12400
Adams Avenue 300      240'S. of 9th Street to 250'N. of Melba Street
Airline Road 8200-    200' S. of Wentwood Drive to 200' S. of Northwest Parkway
             8400
Airline Road 10000-   200' S. to 200' N. of Lakehurst Avenue
             10100
Al Lipscomb  2400-    20' W. of Good Latimer Expressway to 60' E. of Malcolm X
Way          2800     Boulevard
Alaska       2000-    150'N. of E. Woodin Boulevard to 230'S. of Montana Avenue
Avenue       2200
Albrook Road 200-300  126' N. of Meredith Avenue to 60' S. of Mt. Pleasant
                      Street
Allen Street 2000     120´ S. to 240´ N. of Guillot Street
Allen Street 2800-    60'S. of Cole Avenue to 60'S. of Howell Street
             2900
Alpha Road   7500-    270´ W. to 270´ E. of Meandering Way
             7600
Altman Drive 3000-    110'W. to 340'E. of Goodyear Drive
             3100
Amity Lane   1800-    250'N. of Cradlerock Drive to 15'N. of Checota Drive
             1900
Ann Arbor    100-300  200´ W. of Sun Valley Drive to 360' E. of Southern Hills
Avenue                Drive
Ann Arbor    800-1000 150'E. of Maryland Avenue to 350'E. of Neptune Road
Avenue
Ann Arbor    1700-    200'E. of Lancaster Road to 800'W. of Denley Drive
Avenue       1900
Ann Arbor    2100     175'N. of Veterans Drive to Veterans Drive
Avenue
Ann Arbor    2200-    175'W. to 175'E. of Garrison Street
Avenue       2300
Anson Road   2400-    1000'W. of Denton Drive to 200'W. of Thurston Avenue
             2700
Appleridge   17900    405´ N. of Frankford Road to Frankford Road
Drive
Arapaho Road 6200-    200' W. of Golden Creek Road to 340' E. of Nedra Way
             6600
Arapaho Road 7400-    Terrace Lawn Circle (W. Leg) to 160'W. of El Estado Drive
             7800
Arborside    8000-    110'S. of Canter Drive to 200'N. of Moss Farm Lane
Drive        8600
Ashbrook     4900-    100' S. of Hovenkamp Drive to 335' N. of Everglade Road
Road         5100
Aspen Street 2300-    260' N. of Highfield Drive to 120'S. of Bluff Creek Drive
             2500
Audelia Road 8400     350' S. to 450' N. of Trevor Road
Audelia Road 9900-    30'N. of Dartridge Drive to 280'N. of Church Road
             1010 0
Audelia Road 11700-   220' N. to 180' S. of Forest Lane
             11800
Audelia Road 12100-   250'N. of Applecreek Drive to 320'N. of Chimney Hill Lane
             12400
Audelia Road 13000-   100'N. of Lawler Road to 85'N. of Claymore Drive
             13180
Bainbridge   3000-    155'N. of Meadow Stone Lane to 200'S. of Kirnwood Drive
Drive        3300
Barnes       1900-    290'W. of Desdemona Drive to 130'E. of Joaquin Drive
Bridge Road  2300
Barnes       3300-    230' N. of Ruidosa Avenue to 30' N. of Pepperidge Circle
Bridge Road  3500
S. Barry     1000-    75'S. of Gurley Avenue to 200'S. of E. Grand Avenue
Avenue       1200
Bayside      1900-    150'W. of Puget Street to 230'E. of Darien Street
Street       2000
Beacon       500-700  180'N. of Junius Street to 160'N. of Tremont Street
Street
Beckley      200N-    Melba Street to Sunset Avenue
Avenue       200S
N. Beckley   1100-    280'N. of Colorado Boulevard to 250'S. of Madison Avenue
Avenue       1300
S. Beckley   2800-    150'S. of Overton Road to 50'S. of Mitscher Street
Avenue       3600
Bedford      2800     Kingbridge Street to 160' E. of Kingbridge Street
Street
Bellcrest    5600-    300'S. of Persimmon Road to 300'S. of Golden Hills Drive
Drive        5700
Bellewood    9600     Chiswell Road to 75' E. of Broken Bow Road
Drive
S. Belt Line 1400-    20'E. of Indian Wells Road to 40'W. of Biggs Street
Road         1500
Bernal Drive 4400-    100' W. of Peoria Avenue to 60' E. of Schoefield Drive
             4600
Bernal Drive 5400-    300'W. of Clymer Drive to Kenesaw Drive
             5500
Berridge     5000-    100' N. of Chariot Drive to 155' N. of St. Francis Avenue
Lane         5100
Bethurum     2700     60' E. to 620' E. of Bexar Street
Avenue
Bexar Street 5600-    45' S. of C.F. Hawn Service Road to 160' E. of Dyson
             5800     Street
Bickers      1900-    100' E. of Darien Street to 260'W. of Puget Street
Street       2000
Bickers      2500-    200' W. of Holystone Street to 180' E. of Vine Maple
Street       2900     Place
Bickers      3200-    150' E. of Westmoreland Road to 190'E. of Fuery Street
Street       3300
N. Bishop    1000-    190'S. to 195'N. of Neches Street
Avenue       1100
Black Oak    3700-    100'E. of Bellcrest Drive to 600'E. of Loud Drive
Drive        3800
Blackburn    3000-    350' E. of McKinney Avenue to 220' W. of Cole Avenue
Street       3200
Blanton      2200-    220'N. of Riverway Drive to Greenmound Avenue
Street       2300
Blue Ridge   3900-    210' W. of Guadalupe Avenue to 365' E. of Los Angeles
Boulevard    4200     Boulevard
Boaz Street  5300-    200'E. of Inwood Road to 125'E. of West Greenway
             5500     Boulevard
Boca Bay     3900-    300'E. of Haydale Drive to 200'W. of Rosser Road
Drive        4100
Bombay       2500-    20'E. of Waneba Drive to 75'E. of Brookdale Drive
Avenue       2700
Bonnie View  500-600  150'N. of Morrell Avenue to Sanderson Avenue
Road
Bonnie View  800-1100 100'S. of Harrell Avenue to Gallatin Street
Road
Bonnie View  3100-    60'S. of Millermore Street to 150'S. of King Cole Drive
Road         3300
Bonnie View  3900     270'S. of Beauchamp Street to Fordham Road
Road
Bonnie View  4100-    200'N. of Fordham Road to 230'S. of Linfield Road
Road         4300
Bonnie View  5000-    230'N. of Corrigan Avenue to 200'S. of Stag Road
Road         5100
Bonnie View  5700-    380'N. to 410'S. of Persimmon Road
Road         5800
Bonnie View  6200-    220'N. of Pinebrook Lane to 50'N. of Pacesetter Street
Road         6300
Bonnie View  6400-    200'N. of Ivy Ridge Street to 350'S. of Tioga Street
Road         6500
Boulder      3700-    60' N. of Gladiolus Lane to 225' N. of Larkspur Lane
Drive        3900
Brentfield   6500-    150'E. of Meadowcreek Drive to 160'W. of Shadybank Road
Drive        6900
Briargrove   3400     60'N. to 1100'N. of Old Mill Road
Lane
Briargrove   4100-    287'W. of Voss Road to 310'W. of High Star Lane
Lane         4200
Brockbank    9500     65'N. to 905'N. of Storey Lane
Drive
Brockbank    9700-    250'N. of Bynum Avenue to 200'N. of Valley Meadow Drive
Drive        9800
Brockbank    10300-   19'S. of Bay Oaks Drive to 452'S. of Merrell Road
Drive        10400
Bruton Road  7100-    60'W. of Mack Lane to 150'E. of Las Cruces Lane
             7500
Bruton Road  8300-    280' E. of McCutcheon Lane to 490' W. of McCutcheon Lane
             8600
Bruton Road  8800-    390'W. to 225'E. of Greendale Lane
             8900
Bruton Road  9500-    220'W. to 260'E. of St. Augustine Road
             9600
Bryan Street 4500-    130' W. of Holly Avenue to 30' E. of Grigsby Avenue
             4700
N. Buckner   2700     333'N. to 375'S. of Gross Road
Boulevard
Bunchberry   10200-   Whispering Hills Drive to 175'W. of Forest Ridge Drive
Drive        103 00
Burbank      2000     Harry Hines Boulevard to 340' N. of Harry Hines Boulevard
Street
Burns Avenue 1100-    200'N. of Kernack Street to 230'N. of Beechwood Avenue
             1200
Caddo Street 2000-    50'S. of Lafayette Street to 160'S. of Thomas Avenue
             2200
Calculus     3900-    High Meadow Drive to 180'E. of Haydale Drive
Road         4100
Campbell     6800-    20'W. of Colegrove Drive to 230'W. of Park Hill Drive
Road         7000
Campbell     17700-   30'S. of Twinbrooks Drive to 60'S. of Fallsview Lane
Road         18000
Camp Wisdom  300-400  300'W. to 200'E. of Brierfield Drive
Road
E. Camp      1500-    300'W. to 300'E. of Old Ox Road
Wisdom Road  1800
Canada Drive 2700-    300' E. of to 470' W. of Holystone Street
             2800
Candlenut    3900-    150'W. to 150' E. of Haydale Drive
Road         4000
Capital      3900-    70'W. of Carroll Avenue to 330'W. of Peak Avenue
Avenue       4400
Carroll      300-600  225'N. of Worth Street to 115' S. of Victor Street
Avenue
Carroll      1500-    137' S. of Ross Avenue to 150' S. of Lafayette Street
Avenue       2000
Carroll      2300-    170'S. of Capitol Avenue to 175'N. of Weldon Street
Avenue       2500
Casa Oaks    9900-    125'N. of Larry Drive to 20'S. of Andrea Lane
Drive        1000 0
Catawba Road 8100-    125'W. of Elsby Avenue to 150'E. of Bluffview Boulevard
             8300
Cedar Crest  2200-    340'E. to 320'W. of Bonnie View Road
Boulevard    2300
Cedar Crest  2600-    200'N. of Diceman Avenue to 5'S. of Chrysler Drive
Boulevard    2800
Cedar        4000-    215'S. of the west leg of Knight Street to 175'N. of the
Springs Road 4100     east leg of Knight Street
Cedar        5500-    300'N. of Hedgerow Drive to 250'N. of Inwood Road
Springs Road 5600
Celestial    5100     210'W. of Noel Road to 65'W. of Montfort Drive.
Road
Centerville  1700-    210' W. of Desdemona Drive to 170' E. of Galena Street
Road         2100
Centerville  2300-    260'E. to 260'W. of Joaquin Drive
Road         2400
Chaparral    8800     70' N. of Ranch Trail to 50' S. of Stampede Lane
Waters Way
Chariot      7300-    90' W. of Berridge Lane to 220' E. of Trace Road
Drive        7500
Chariot      7800-    220' W. to 250' E. of Wimbleton Way
Drive        7900
Chaucer      7400     270'N. of Kirnwood Drive to Kirnwood Drive
Place
Chenault     1500-    200' W. of Dilido Road to 200' E. of Chevrolet Drive
Street       1700
Cherry       800-900  200' N. to 180' S. of Keeneland Parkway
Laurel Lane
Cheyenne     700-900  20'S. of Big Thicket Drive to 50'S. of Pleasant Woods
Road                  Drive
Cheyenne     1500-    205'N. of Cradlerock Drive to 50'N. of Checota Drive
Road         1600
Chimney Hill 10000-   160'W. to 170'E. of Pleasant Valley Drive
Lane         101 00
Chiswell     9100-    20' S. of Overwood Road to 125' S. of Highedge Drive
Road         9300
Church Road  9000-    125' W. of Arborgate Drive to 370' E. of Tory Sound Drive
             9100
Church Road  9300-    200'W. of White Rock Trail to 30'W. of Dahman Circle
             9500
Church Road  9700-    250'E. of Audelia Road to 60'W. of Winding Ridge Drive
             9800
Church Road  10200-   Trailpine Drive to 210'E. of Kirkhaven Drive
             103 00
Churchill    6100-    200'W. of Whitley Lane to 240'E. of Hughes Lane
Way          6300
W. Clarendon 1300-    300'W. of Windomere Avenue to 300'E. of Edgefield Avenue
Drive        1500
Claremont    8000-    Stonycreek Drive to El Cerrito Drive
Drive        8100
Cliffbrook   7200-    535'E. of Birchridge Drive to 380'W. of Meandering Way
Drive        7400
Clover Lane  3700-    70'E. of Marsh Lane to 350'E. of Mixon Drive
             3800
Club Meadow  8400-    240'S. of Summer Glen Lane to 150'N. of Loma Vista Drive
Drive        8800
S. Cockrell  2600     100'S. of Wood Valley Drive to 220'S. of Briarglen Drive
Hill Road
S. Cockrell  3000-    250' S. to 250' N. of Kiest Boulevard
Hill Road    3200
Coit Road    13500-   150'S. of Purple Sage Road to 200'N. of Spring Grove
             137 00   Avenue
Cold Harbor  11800-   215'N. to 255'S. of Deep Valley Drive
Drive        11900
Cole Avenue  3800-    205'S. to 270'N. of Haskell Avenue
             3900
Colorado     700-800  230' W. to 250' E. of Ewing Avenue
Boulevard
W. Colorado  900-1100 220' E. of N. Clinton Avenue to 250' E. of Turner Avenue
Boulevard
W. Colorado  1000-    30' W. of N. Winnetka Avenue to 130' E. of N. Winnetka
Boulevard    1100     Avenue
W. Colorado  2500-    170'W. of Westmount Avenue to 50'W. of Stevens Ridge
Boulevard    2800     Drive
Comal Street 700-800  150' W. to 100' E. of Ewing Avenue
Coming       200E-    110'E. of Beckley Avenue to 110'W. of Toluca Avenue
Avenue       200W
Community    3200     225'S. to 215'N. of Timberline Drive
Drive
Congress     4000-    160'N. to 160'S. of Throckmorton Street
Avenue       4100
Conner Drive 1300-    15'N. of Lake June Road to 425'S. of Grovecrest Drive
             1400
Conroe       3100-    480' S. of Nomas Street to Nomas Street
Street       3200
Corinth      300-400  350'S. of Avenue B to 15'S. of Avenue D
Street
Corning      700-1000 210'E. of Ewing Avenue to 165' W. of Maryland Avenue
Avenue
Cortland     7600-    150'N. of Anson Road to 50'S. of Bombay Avenue
Avenue       7700
Cox Lane     11900-   60'N. of Crest Cove Circle to 270'S. of High Vista Drive
             12100
Cradlerock   10500-   200'W. of Amity Lane to Cheyenne Road
Drive        106 00
N. Crawford  100-300  200'S of Ninth Street to 100'N. of Eighth Street
Street
Cromwell     11300-   130'S. of Flair Drive to 60'S. of Winged Foot Court
Drive        11500
Crown Shore  3800     130'W. of Cold Harbor Lane to 140'E. of Cox Lane
Drive
Cummings     2900     Sunnyvale Street to 20'W. of Tacoma Street
Avenue
Dale Crest   9800-    175' S. to 345' N. of Park Lane
Drive        9900
Dallas North
Tollway west         220'N. of Wycliff Avenue to Wycliff Avenue
service road
Darien       3600-    Bickers Street to Bayside Street
Street       3700
W. Davis     400-600  170'E. of Woodlawn Avenue to 200'W. of Cedar Hill Avenue
Street
W. Davis     1500-    220'E. of Montclair Avenue to 440'W. of Mary Cliff Road
Street       1800
W. Davis     2400-    20'W. of N. Terrace Boulevard to 75'E. of Bernice Street
Street       2500
W. Davis     4900-    35'E. of Justin Avenue to 75'E. of Bond Avenue
Street       5100
Deerfield    3700-    150'S. of Gibb Williams Road to 100'N. of Bridal Wreath
Lane         3800     Lane
Deer Path    1900-    200'E. of Garrison Street to 225'W. of Easter Avenue
Drive        2200
Delmar       2800-    150'S. of Marquita Avenue to 120'N. of Vickery Boulevard
Avenue       3000
Delmar       4100     200'N. of Winton Street to 100'S. of Anita Street
Avenue
Denley Drive 1200-    100'S. of Forester Drive to 75'S. of Genoa Avenue
             1400
Dennis Road  11300-   320' S. of Northaven Road to 200' N. of Modella Avenue
             116 00
Diceman      9000-    Old Gate Lane to 100' W. of San Saba Drive
Drive        9100
Dickerson    17800-   270' S. of Hidden Creek Drive to 235' N. of Maribeth
Street       18000    Drive
Dilido Road  3100-    25' N. of Britain Way to 100' S. of Senate Street
             3700
Drury Drive  1100-    600'W. of Polk Street to 1000'E. of Regatta Drive
             1400
Duncanville  2000-    380'N. to 1225'N. of Illinois Avenue
Road         2300
Duncanville  2200     1610'N. to 2735'N. of Illinois Avenue
Road
Dunlap Drive 8600-    235'W to 265'E. of Odeneal Street
             8700
Durham       8200-    200' S. of Wentwood Drive to 50' S. of Northwest Parkway
Street       8400
Easter       3200-    210´ N. of Deerpath Drive to 25´ S. of Village Way
Avenue       3300
Easton Road  400-800  380' S. of Bon Aire Drive to 160' S. of Lippit Avenue
Eastridge    6500-    200' N. of Ridgecrest Road to 250' S. of Ridgecrest Road
Drive        6700
Eastridge    6700-    180' S. of Slopes Drive to 200' S. of Park Lane
Drive        6800
Edd Road     1400     390'E. of Vida Lane to 40'W. of Garden Grove Drive
N. Edgefield 600-800  200'N. of Kings Highway to 150'S. of Taft Street
Avenue
S. Edgefield 400-700  190'S. of Brooklyn Avenue to 170'N. of Twelfth Street
Avenue
S. Edgefield 1000-    500'N. of Lebanon Avenue to 200'N. of Clarendon Drive
Avenue       1200
S. Edgefield 2100-    150'N. of Wilbur Street to 75'N. of Berkley Avenue
Avenue       2300
Edgemere     10700-   175'S. of Azalea Lane to 200' S. of Royal Lane
Road         10900
Edgeworth    500-700  100'S. of Seagoville Road to 150'N. of Rylie Crest Drive
Drive
E. Eighth    500-800  90' E. of N. Ewing Avenue to 55' W. of Lansing Street
Street
E. Eighth    1000-    Eads Avenue to 240' E. of Denley Drive
Street       1300
Elam Road    6200-    15'W. of Bethpage Avenue to 240'W. of Ella Avenue
             6300
Elam Road    7000-    310'W. to 290'E. of Jim Miller Road
             7100
Elam Road    8400-    100'W. of Ravenwood Drive to 15'E. of Freddie Drive
             8500
Elam Road    10500    250'E. to 250'W. of Pleasant Vista Drive
Ella Avenue  300-400  230'S. of Alcorn Avenue to 200'N. of Misty Wood Drive
Elsie Faye   2400-
Heggins      2500     200' E. of Leland Avenue to 250' E. of Crozier Street
Street
Elsie Faye   2700-
Heggins      3000     250' W. of Malcolm X Boulevard to 30' E. of Louie Lane
Street
Elsie Faye   3200-    10' W. of Spring Garden Drive to 200' W. of Bradshaw
Heggins      3300     Street
Street
N. Ervay     400-600  195'S. to 75'N. of Patterson Avenue
Street
S. Ervay     900-1000 90'S. to 185'N. of Corsicana Street
Street
S. Ervay     1500-    100' S. of Gano Street to Sullivan Drive
Street       1600
Esperanza    13400-   300' S. of Brookgreen Drive to 450' S. of Spring Valley
Road         14000    Road
Estate Lane  10200-   220'W. to 200'E. of Kirkhaven Drive
             10300
Everglade    5300-    75'E. of Elkridge Drive to 150'E. of Hazelhurst Lane
Road         5600
N. Ewing     200      E. Eighth Street to E. Jefferson Boulevard
Avenue
N. Ewing     700-900  150' S. of Comal Street to 105' N. of Colorado Boulevard
Avenue
S. Ewing     1200-    200'N. of Winters Street to 170'S. of Genoa Avenue
Avenue       1400
S. Ewing     1500-    90' N. of Korgan Street to 30' N. of Vermont Avenue
Avenue       1600
S. Ewing     2000-    170'S. to 180'N. of E. Woodin Boulevard
Avenue       2100
S. Ewing     2900-    200'N. of McVey Avenue to 275'S. of Corning Avenue
Avenue       3100
Fair Oaks    7000     170' E. to 895' E. of Ridgecrest Road
Avenue
Fair Oaks    7400-    150' N. to 1910' N. of Pineland Avenue
Avenue       7600
Farola Drive 2000-    20'N. of Montalba Avenue to 300'N. of Itasca Drive
             2200
Ferguson     7800-    250'S. to 1300'N. of Highland Road
Road         8100
Ferguson     9600-    1400'E. to 370'W. of Peavy Road
Road         9700
Ferguson     9800-    225' N. to 225' S. of Millmar Drive
Road         9900
Ferguson     10800-   75'N. of Cassandra Way to 150'S. of Delford Circle
Road         110 00
Ferndale     9400-    120'S. of Lakemere Road to 65' S. of Chesterton Drive
Road         9800
Ferndale     9800-    150'S. of Estate Lane to 150'S. of Caribou Trail
Road         9900
Ferris                220' N. of Whitehurst Drive to end of Ferris Branch
Branch       9000     Boulevard
Boulevard
Fieldfare    10100    150'S. of Fieldfare Court to Killion Drive
Drive
Fifty-Second 2100-    215'E. to 285'W. of Eastgate Circle
Street       2200
Fifty-Second 2300-    215'W. of Horizon Drive to 195'E. of Veterans Drive
Street       2400
N. Fitzhugh  3000-    360'S. to 280'N. of McKinney Avenue
Avenue       3100
S. Fitzhugh  1000-    100'S. of Gurley Avenue to 300'N. of E. Grand Avenue
Avenue       1100
Flair Drive  3400-    320'E. of Sonnet Drive to 250'E. of Cromwell Drive
             3500
Fordham Road 800-1000 160' E. of Maryland Avenue to 334' W. of Utah Avenue
Fordham Road 2800-    Stanley Smith Drive to 400'E. of Bonnie View Road (East
             3000     Leg)
Forest Lane  4500-    190'W. of Welch Road to 270'E. of Nanwood Drive
             4800
Forest Lane  8800-    480'E. to 520'W. of Shepherd Road
             8900
Forest Lane  9600-    820'E. to 400'W. of Oakshire Place
             9700
Forest Lane  9700-    230' W. to 230' E. of Audelia Road
             9800
Forestgate   11900-   500' N. of Forest Lane to 100' W. of east leg of
Drive        12000    Forestgate Drive
Forney Road  7700     350'E. to 1050'W. of Wimbelton Way
Fort Worth   2600-    370'W. to 290'E. of Westmount Avenue
Avenue       2700
Fox Creek    8300-    210' W. of Wisdom Creek Drive to 200' E. of Firethorn
Trail        8400     Drive
Frankford    2500-    500' E. of Kelly Boulevard to 150' W. of Creststone Drive
Road         2600
Frankford    4100-    375'E. of Voss Road to 32'W. of Whispering Gables Drive
Road         4200
Frankford    5700-    200'W. of Gallery Road/ Windflower Way to 450'W. of
Road         5800     Campbell Road
S. Franklin  3700-    210' S. of Gibb Williams Road to 25' N. of Bridal Wreath
Street       3900     Lane
Fullerton    1200-    100' S. of Remond Drive to Colorado Boulevard
Drive        1300
Garden Grove 10300    650'S. of Edd Road to Edd Road
Drive
Gaston       5700-    170'S. to 185'N. of Skillman Street
Avenue       5800
Gayglen      7600-    300'W. of Long Branch Lane to 15'W. of Anchorage Circle
Drive        7800
Gilbert      4300-    125' E. of Herschel Avenue to 205' W. of Prescott Avenue
Avenue       4500
Gladstone    2300-    150'E. of S. Hampton Road to 100'W. of S. Franklin Avenue
Drive        2500
Glasgow      300N-    125'N. of Reiger Avenue to 125'S. of Covington Lane
Drive        300S
Glenhaven    4100-    270'W. of Sunnyside Avenue to 280'E. of Andrews Street
Boulevard    4300
Goldwood     1800     100'E. of Indian Ridge Trail to 150'W. of Forest Meadow
Drive                 Trail
Gooding      10000-   150'N. of Killion Drive to 100'N. of Walnut Hill Lane
Drive        101 00
Goodman      5100-    60'W. of N. Bagley Street to N. Morocco Avenue
Street       5200
Goodwin      5700-    50' E. of Delmar Avenue to 390' W. of Matilda Street
Avenue       5900
E. Grand     4900-    100'E. of Fitzhugh Avenue to 80'E. of S. Barry Avenue
Avenue       5000
E. Grand     5700-    50' W. of Parkview Avenue to 50' W. of Cristler Avenue
Avenue       6200
East Grand   7200-    290'S. to 530'N. of LaVista Drive
Avenue       7500
Great        3000-
Trinity      3200     525'W. of Bonnie View Road to 70'W. of Greencrest Drive
Forest Way
Great        6900-
Trinity      7200     465'E. to 500'W. of Jim Miller Road
Forest Way
Green Cove   600-800  350'E. of Lone Oak Trail to 300'W. of Oak Trail
Lane
Greenleaf    3600-    70'S. of Holly Stone Street to 35'N. of Bickers Street
Street       3700
Greenmeadow  2900-    John West Road to 180'N. of Forestcliff Drive
Drive        3000
Greenmound   8800-    200'W. of McKim Drive to Blanton Street
Avenue       9000
Greenspan    6600-    100'N. of Midvale Drive to 300'N. of Brierfield Drive
Drive        6900
Greenspan    7700-    400'N. to 350'S. of Kirnwood Drive
Drive        7800
Greenville   2800-    Vickery Boulevard to 70'N. of Vanderbilt Avenue
Avenue       3000
Greenway     7400-    100'N. of Glenwick Lane to 160'S. of Boaz Street
Boulevard    7500
Gross Road   1700-    110'W. of Lindaro Lane to Felicia Court
             2100
Gus          2900-
Thomasson    3000     140'E. of Shiloh Road to 130'W. of Matterhorn Drive
Road
Gus          3200-
Thomasson    3300     30'E. of Libby Lane to the Mesquite city limits
Road
Gus
Thomasson    10300    170' S. of Mandalay Drive to 80' S. of Ruth Ann Drive
Road
Hampton Road 2000     215'S. of Elmwood Boulevard to 265'N. of Wright Street
N. Hampton   500-600  230' S. to 250' N. of Davis Street
Road
N. Hampton   3200-    210' S. to 235' N. of Dennison Street
Road         3300
N. Hampton   3700-    70' S. of Bayside Street to 330' N. of Calypso Street
Road         4100
S. Hampton   400-600  280'N. of W. Twelfth Street to 230'S. of Gladstone Drive
Road
S. Hampton   2900-    135' S. to 800' S. of Perryton Drive
Road         3000
S. Hampton   4000-    200' N. to 315' S. of Vatican Lane
Road         4100
Hargrove     9400     150' S. of Oradell Lane to Sheila Lane
Drive
Harry Hines  8500-    350'S. to 330'N. of Regal Row
Boulevard    8600
Harter Road  800-900  Riverton Road to 20' S. of Tarleton Street
Harvest Hill 4500-    255'W. of Welch Road to 250'E. of Harriet Drive
Road         4800
Harvest Hill 5100-    200'E. of Inwood Road (East Leg) to Forest Bend Road
Road         5200
N. Haskell   1800-    400' N. to 200' S. of Munger Avenue
Avenue       1900
N. Haskell   3100     40'W. of McKinney Avenue to 30'E. of Cole Avenue
Avenue
Haymarket    1200-    100'S. of Cade Road to 465'S. of Sewell Circle
Road         1400
Hazelhurst   4800-    20'S. of Everglade Road to 50'N. of Fallon Place
Lane         5000
Healey Drive 2500-    210'W. of Casa Oaks Drive to 190'E. of Shiloh Road
             2700
Hedgeway     10000-   Walnut Hill Lane to 300' N. of Killion Drive
Drive        10100
Henderson    1800-    10'W. of Lewis Street to 250' W. of McMillan Avenue
Avenue       1900
N. Henderson 2500-    80' N. of Homer Street to 125' S. of Manett Street
Avenue       2700
Herschel     3700-    110' S. of Gilbert Avenue to 355' N. of Gilbert Avenue
Avenue       4000
Hermosa      10100-   190'S. of Stevens Street to 150'S. of Fuller Drive
Drive        104 00
Highland     5900     90'W. of Moonstone Drive to Bonnie View Drive
Hills Drive
Highland     2000-    405' E. of Ferguson Road to 620' W. of Villa Cliff Drive
Road         2300
Highland     2400     210'N. to 200'S. of Claremont Drive
Road
Hillbrook    2900-    Lake Circle to Sondra Drive
Street       3000
Hillburn     2600     190'S. of Piedmont Drive to Piedmont Drive
Drive
Hillcrest    9700-    140'N. of Stichter Avenue to 150'S. of Waggoner Drive
Road         10300
Hillcrest    14000-   220' S. of Spring Valley Road to 30' S. of Meadowcreek
Road         14200    Drive
Hillcrest    15700    45'S. of La Bolsa Drive to 300'N. of Arapaho Road
Road
Hillcrest    16300-   270'S. to 260'N. of Brentfield Drive
Road         164 00
Hillcrest    16900-   220'S. of Park Hill Drive to Dye Drive
Road         170 00
Hillside     2700-    80'N. of Westlake Avenue to 120'N of Blanch Circle
Drive        2800
Hodde Street 6800-    100'E. of Woodmont Drive to Jim Miller Road
             7000
Holcomb Road 600-700  80'S. of Old Homestead Drive to 600'N. of Elam Heights
                      Drive
Holly Hill   7000     240' W. to 780' E. of Ridgecrest Road
Drive
Horn Beam    12700    550'S. of Bunchberry Drive to Bunchberry Drive
Drive
Hovenkamp    4800-    100'N. of Winding Woods Trail to Ashbrook Road
Drive        4900
Hudnall      3100-    200' W. to 200' E. of Vandelia Street
Street       3200
Hume Drive   7600-    500'W. of Buckner Boulevard to Piedmont Drive
             7900
Hunnicut     8200-    15'W. of Rivercrest Drive to 5'E. of Coolgreene Drive
Road         8300
Idaho Avenue 3900-    Grinnell Street to 200'S. of Brookmere Drive
             4200
E. Illinois  500-700  40'W. of Alaska Avenue to 20'W. of Maryland Avenue
Avenue
W. Illinois  1300-    330'E. to 345'W. of S. Edgefield Avenue
Avenue       1500
W. Illinois  3700-    300'E. of Coombs Creek Drive to 250'W. of Keats Drive
Avenue       3800
W. Illinois  4600-    268'E. to 350'W. of Knoxville Street
Avenue       4700
W. Illinois  4900-    320'W. to 300'E. of Duncanville Road
Avenue       5000
Inadale      1800-    120' E. of Peavy Road to 30' W. of Sorento Street
Avenue       1900
Indian Ridge 7500-    100'N. of Altadena Lane to 100'S. of Oak Garden Trail
Trail        7700
Inwood Road  2400-    420' S. to 160' N. of Maple Avenue
             2500
Inwood Road  2700-    270'W. of Denton Drive to 240'E. of Vandelia Street
             3200
Inwood Road  11600-   260'N. of Caladium Drive to 30'N. of Del Roy Drive
             11700
Inwood Road  12200-   260'N. of Harvest Hill Road to 760'N. of Willow Lane
             12800
Itasca Drive 10800-   150'S. of Monterrey Avenue to 150'W. of Farola Drive
             112 00
Jacqueline   1100     200'N. of Fort Worth Avenue to Colorado Boulevard
Drive
E. Jefferson 700-800  190' W. to 240' E. of N. Ewing Avenue
Boulevard
W. Jefferson 1300-    355´ W. to 330´ E. of Edgefield Avenue
Boulevard    1400
W. Jefferson 2000-    300'E. of Tennant Street to 150'E. of Oak Cliff Boulevard
Boulevard    2200
W. Jefferson 2500-    290'E. to 325'W. of Bernice Street
Boulevard    2600
W. Jefferson 3000-    290' W. of S. Westmoreland Road to 245' E. of Barnett
Boulevard    3300     Avenue
W. Jefferson 4500     200' W. of Via Bishop Grahmann to 150' E. of Calumet
Boulevard             Avenue
W. Jefferson 5000-    300'W. of Bond Avenue to 80'E. of Justin Avenue
Boulevard    5100
N. Jim       100-300  440' N. of Loop 12 to 515' N. of Atha Drive
Miller Road
N. Jim       400-700  200'N. of Hodde Street to 350'S. of Elam Road
Miller Road
N. Jim       1400-    500'S. of Umphress Road to 300'S. of Seco Boulevard
Miller Road  1600
N. Jim       3900-    100'S. of Lovett Avenue to 200'S. of Military Parkway
Miller Road  4300     (South Service Road)
N. Jim       5000-    250'S. to 150'N. of Everglade Road
Miller Road  5100
Joaquin      10900-   210'S. to 180'N. of Ruidosa Avenue
Drive        11000
John West    1300-    150'E. of Greenmeadow Drive to Hunnicut Road
Road         1400
Joseph       4000     200' N. to 200' S. of Exchange Service Drive
Hardin Drive
Junius       5800-    60'E. of Lowell Street to 15'W. of Ridgeway Street
Street       5900
Jupiter Road 11700-   125'S. of Lippitt Avenue to Lanewood Circle
             11800
Jupiter Road 12000-   125'S. to 125'N. of Fernald Avenue
             12100
Jupiter Road 12800-   370' S. to 340' N. of McCree Road
             12900
N. Justin    1100-    155' S. to 770' N. of Goodman Street
Avenue       1200
Keats Drive  2000-    80'S. of Poinsettia Drive to Rolinda Drive
             2300
Keeneland    5500     215'W. of the west service road to 235'E. of the east
Parkway               service road of Walton Walker Boulevard
Keeneland    5900-    50'E. of Cavalcade Drive to 80'W. of Kelso Drive
Parkway      6000
Kelly Road   18100-   530'N. to 550'S. of Timberglen Road
             18200
Kiest        100 E.-  200'E. of Beckley Avenue to 330'W. of the R. L. Thornton
Boulevard    300 W.   Freeway southbound service road
E. Kiest     700-1000 160'W. of Maryland Avenue to 70'W. of Utah Avenue
Boulevard
E. Kiest     1600-    125'W. of Belknap Avenue to 420'E. of Easter Avenue
Boulevard    1700
E. Kiest     1800-    230'W. of Sunnyvale Street to 50'E. of Garrison Street
Boulevard    2100
E. Kiest     3800     Cedar Crest Boulevard to 200' S. of Cedar Crest Boulevard
Boulevard
W. Kiest     900-1200 100'W. of Ryan Road to 500'E. of Navaho Drive
Boulevard
W. Kiest     3900-    317' W. to 314' E. of Los Angeles Boulevard
Boulevard    4000
W. Kiest     4600-    150' E. of Morse Drive to 640' E. of Walton Walker
Boulevard    4700     Boulevard
Killion      3900-    120'E. of Hedgeway Drive to 210'E. of Midway Road
Drive        4200
Kingbridge   2900     Singleton Boulevard to Bedford Street
Street
Kings        1300-    370' E. to 360' W. of Edgefield Avenue
Highway      1400
Kinkaid      3100-    50'W. of Harwell Drive to 485'W. of Dale Crest Drive
Drive        3300
Kirkhaven    9900-    Estate Lane to 135'N. of Robindale Drive
Drive        10000
Kirnwood     700-800  220'W. to 205'E. of Racine Drive
Drive
Kirnwood     2700-    150'E. of Bainbridge Avenue to 100'W. of Chaucer Place
Drive        2900
Knight       2700-    180' W. of Congress Avenue to 150' E. of Dickason Avenue
Street       3000
Knoxville    2500-    25'S. of Western Oaks Drive to 200'N. of La Rue Street
Street       2800
La Cosa      6400-    350'E. of Meadowcreek Drive to 200'W. of Woodbriar Drive
Drive        6700
Lagow Street 2200-    150'S. of Jamaica Street to 5'S. of Hamilton Avenue
             2500
Lakehurst    6800-    250'W. of Hillcrest Road to 150'E. of Airline Road
Avenue       7100
Lake June    6500-    260' W. of Del Oak Drive to 245' E. of Spring Lake Drive
Road         6600
Lake June    8100-    200'W. of Conner Drive to 200'E. of Pleasant Drive
Road         8300
Lake June    10800    300'W. to 300'E. of Cheyenne Road (North Leg)
Road
Lakeland     1800-    105'W. of Groveland Drive to San Benito Way
Drive        1900
Lakeland     2600     Hunnicut Road to 170'W. of Sweetwood Drive
Drive
Lakemere     10000-   10'W. of Larchwood Drive to 140'W. of Lynngrove Drive
Drive        10200
La Manga     6500-    160´ W. to 255´ E. of Shadybank Drive
Drive        6600
La Manga     7600-    100'E. of Meandering Way to 280'E. of Spring Creek Road
Drive        7800
N. Lancaster 300-400  Eighth Street to 210'N. of Seventh Street
Road
S. Lancaster 4100-    50'S. of Fordham Road to 260'S. of Ann Arbor Avenue
Road         4300
S. Lancaster 4600-    250'N. of Atlas Drive to 235'S. of Fifty- Second Street
Road         4900
Langdon      5400-    200' W. to 1140' W. of J. J. Lemmon Road
Drive        5500
La Prada     9900-    100'N. of Larry Drive to 190'N. of Hillglen Road
Drive        1000 0
Larmanda     6000-    150' E. of Town North Drive to 165' W. of Freemont Street
Street       6200
La Vista     7300-    150' N. of East Grand Avenue to 400' N. of Dead End of La
Drive        7400     Vista Drive
Lawler Road  10100-   180'W. of Whispering Hills Drive to 140'W. of Forest
             102 00   Ridge Drive
Lawnview     3000-    140' N. of Scyene Road to 200' N. of Hollis Avenue
Avenue       3100
W. Lawson    100-300  130' S. of Lasater Road to 430' S. of Golden Spur Road
Road
E. Ledbetter 600-700  300'E. to 300'W. of Marsalis Avenue
Drive
E. Ledbetter 2200-    375'E. to 375'W. of Bronx Avenue
Drive        2300
E. Ledbetter 2400-    235'E. of Horizon Drive to 235'E. of Veterans Drive
Drive        2500
W. Ledbetter 400-500  580'W. to 430'E. of Parkwood Drive
Drive
W. Ledbetter 1900-    500'E. to 500'W. of Rugged Drive
Drive        2000
W. Ledbetter 3100-    350'E. to 350'W. of Boulder Drive
Drive        3200
Lemmon       2300-    100'W. of Lucille Street to 150'E. of Watt Street
Avenue       2400
Lindsley     6000-    Mt. Auburn Avenue to 110'W. of S. Glasgow Drive
Avenue       6100
Lindsley     7000-    20' E. of Blair Boulevard to 100' W. of Shadyside Lane
Avenue       7100
Linfield     2800     120'E. of Bonnieview Road to 100'W. of Cranfill Drive
Road
Lippitt      11300-   150'E. of Lanewood Circle to 200'E. of Sunland Street
Avenue       111 00
Live Oak     4900-    200'W. of Garrett Avenue to 20'W. of Bennett Avenue
Street       5100
N. Llewellyn 100-300  400'S. of W. Ninth Street to 50'S. of W. Eighth Street
Avenue
S. Llewellyn 700-900  10'S. of Delaware Avenue to 50'N. of W. Pembroke Avenue
Avenue
Lombardy     2900-    275' W. to 295' E. of Brockbank Drive
Lane         3000
Longbranch   300-500  300'N. of Gayglen Drive to 300'S. of Komalty Drive
Lane
Losa Drive   10000-   150'E. of Peavy Road to 200'W. of Moran Drive
             103 00
E. Lovers    6000-    150'W of Skillman Street to 150'E of Ridgelawn Drive
Lane         6200
E. Lovers    6300-    180' W. of Abrams Road to 190' E. of Rexton Lane
Lane         6400
W. Lovers    4300-    260'E. of Crest Haven Road to 230'E. of Taos Road
Lane         4400
W. Lovers    4900-    430' E. to 590' W. of Briarwood Lane
Lane         5000
Lucas Drive  2100     165'E. to 405'W. of Rosewood Avenue
Lynbrook     9700     80' N. of Walnut Hill Lane to 100' S. of Chesterton Drive
Drive
Lynngrove    9400-    Lakemere Drive to Edgecliff Drive
Drive        9500
Lynn Haven   1300-    50'W. of Stirling Avenue to 50'S. of Selkirk Drive
Lane         1500
N. Madison   1000-    300'W. of Beckley Avenue to 180'S. of Neches Street
Avenue       1200
Malcolm X    3600-    10' S. of Dathe Street to 200' N. of Hickman Street
Boulevard    3800
Malcolm X    4700-    50' S. of Hatcher Street to 50' S. of Hunter Street
Boulevard    5000
Mandalay     10800    150' E. of Maylee Boulevard to Maylee Boulevard
Drive
Manett       5100-    160' N. of N. Garrett Avenue to N. Henderson Avenue
Street       5200
Maple Avenue 4400-    100' N. of Wycliff Avenue to 200' N. of Hawthorne Avenue
             4500
Maple Avenue 5400-    250'N. of Inwood Road to 150'S. of Butler Street (east
             5700     leg)
Maribeth     7500-    Osage Plaza Parkway to 200' E. of Dickerson Street
Drive        7600
Mariposa     1600-    100'N. of Dixie Lane to 500'S. of Alta Mira Drive
Drive        1700
N. Marsalis  100-400  200' E. of Ninth Street to 65' S. of E. Sixth Street
Avenue
S. Marsalis  200      155' S. of E. Jefferson Boulevard to 150' N. of E.
Avenue                Twelfth Street
S. Marsalis  2000-    75'N. of Illinois Avenue to 120'S. of Louisiana Avenue
Avenue       2200
S. Marsalis  2900-    150'N. of McVey Avenue to 330'S. of Corning Avenue
Avenue       3100
S. Marsalis  3500-    200'N. of Overton Road to 200'S. of Fordham Road
Avenue       4000
S. Marsalis  5500-    5'S. of Calcutta Drive to 10'N. of Foxboro Lane
Avenue       5700
Marsh Lane   9600-    Fontana Drive to 50'N. of Hidalgo Drive
             9700
Marsh Lane   12000-   40'W. of High Vista Drive to 320'N. of Crown Shore Drive
             121 00
Marsh Lane   17800-   340'S. to 300'N. of Briargrove Lane
             17900
Martin
Luther King, 2900-    175'E. of Jeffries Street to 300'E. of Meadow Street
Jr.          3100
Boulevard
Mary Cliff   600-800  185'S. of Ranier Street to 160'N. of Taft Street
Road
Maryland     2900-    500'N. of McVey Avenue to 230'S. of Corning Avenue
Avenue       3100
N. Masters   100-200  150'N. of Grady Lane to 250'S. of Pebble Valley Lane
Drive
N. Masters   1500-    100'S. of Shayna Drive to 200'S. of Checota Drive
Drive        1800
N. Masters   2500-    365'S. to 355'N. of N. Masters Drive
Drive        2600
Mather Court 4000     265'E. of Randolph Drive to Albrook Street
Matilda      2800-    150'N. of Vickery Boulevard to 200'S. of Marquita Avenue
Street       3000
Matilda      3900-    Ellsworth Avenue to 135'N. of Mockingbird Lane
Street       4200
Maylee       10200-   80'S. of RuthAnn Drive to the east city limits
Boulevard    10300
Maylee       10600    125'W. of Cassandra Way to Ferguson Road
Boulevard
McCree Road  11000-   20' E. of Fern Hollow Lane to 140' E. of Flicker Lane
             11200
McKim Drive  2200-    50'N. of Barclay Street to McKim Circle
             2300
McKinney     2900-    Clyde Lane to 150' N. of Sneed Street
Avenue       3100
McKinney     3700-    165'S. of Blackburn Street to 120'N. of Haskell Avenue
Avenue       3900
McKinney     4100-    440'N. to 140'S. of Fitzhugh Avenue
Avenue       4200
McVey Avenue 700-1000 225'E. of Ewing Avenue to 210'W. of Maryland Avenue
Meaders Lane 5600-    30'E. of Dallas North Tollway to 260'E. of Meaders Circle
             5800
Meadow Road  6800-    200' W. of Hillcrest Road to 200' E. of Shadow Bend Drive
             7000
Meadow Road  8200-    335' E. to 195' W. of Rambler Road
             8300
Meadowcreek  4200-    290'N. of Windy Ridge Drive to 20'N. of Vista Willow
Drive        4400     Drive
Meadowcreek  5400-    35'S. of Fireflame Drive to 100'S. of Winterwood Lane
Drive        5600
Meadowknoll  9100-    Millridge Drive to 100'N. of Robin Meadow Drive
Drive        9300
Meandering   13400-   Purple Sage Road to 180'N. of Peyton Drive
Way          137 00
Meandering   14400-   50'S. of Village Trail Drive to 40'S. of Larchview Drive
Way          147 00
Meandering   15100-   180'S. to 250'N. of Round Rock Road
Way          152 00
Meandering   15400-   290'S. of La Cosa Drive to 280'N. of Arapaho Road
Way          157 00
Meandering   16000-   250'S. to 190'N. of La Manga Drive
Way          161 00
Mercer Drive 9500     300'E. of Ash Creek Drive to 175'S. of Mariposa Street
Meredith     3900-    20'W. of Red Bud Lane to 20'E. of Albrook Street
Avenue       4100
Merrell Road 2900-    175'E. of Dundee Drive to Carrizo Lane
             3100
Merrell Road 4100     192'W. of Midway Road to 260'E. of Westlawn Drive
Metropolitan 4100-    500'W. of Lagow Street to 500'E. of Clem Street
Avenue       4300
Midbury      7000-    350'W. of St. Michaels Drive to 300'W. of St. Judes Drive
Drive        7100
Midpark Road 8300-    Esperanza Road to 860' E. of Esperanza Road
             8400
Midway Road  9300-    150' S. of Rosa Road to 175' S. of Gloster Road
             9400
Midway Road  9800-    60' N. of Valley Ridge to 50' S. of Southcrest Road
             10000
Midway Road  11000-   85' S. of San Gabriel Drive to 210' S. of Northaven Road
             11200
Military     6700-    200'W. of Wilkes Avenue to 300'E. of Jim Miller Road
Parkway      7000
Military     7700-    200'E. of Scottsdale Drive to 300'E. of Cedar Lake Drive
Parkway      7800
Military     8900-    700'W. of Prairie Creek Road to 75'E. of Kingsford Avenue
Parkway      9200
Millmar      2000-    275'E. of Ferguson Road to 350'E. of Peavy Road
Drive        2400
Millmar      2500-    150'E. of Shiloh Road to 150'W. of Casa Oaks Drive
Drive        2700
Mixon Drive  9400-    60'S. of Dunhaven Road to 60'S. of Highgrove Drive
             9700
E.           5700-
Mockingbird  5900     150'W. of Matilda Street to 150'W. of Concho Street
Lane
Monarch      5100-    180' E. of Moser Avenue to 60' E. of Garrett Avenue
Street       5200
Montana      600-700  30' E. of Marsalis Avenue to 15' E. of Alaska Avenue
Avenue
N. Montclair 600-800  300'S. of Taft Street to 500'S. of Kyle Avenue
Avenue
N. Montclair 1700-    300'N. of Fort Worth Avenue to 150'N. of Walmsley Avenue
Avenue       1900
Monterrey    2000-    Itasca Drive to 150'W. of Farola Drive
Avenue       2100
Montfort     12600-   Nuestra Drive to McShann Road
Drive        12700
Montfort     14500-   240'S. to 375'N. of Celestial Road
Drive        14600
N. Morocco   1100-    250' S. to 755' N. of Goodman Street
Avenue       1200
Morrell      1700-    170'E. to 200'W. of Hutchins Road
Avenue       1800
Morrell      2100-    200'E. to 250'W. of Avenue G
Avenue       2200
Moser Avenue 1800     90'E. of Monarch Street to 220'W. of Ross Avenue
Moss Farm    9100-    400'E. to 200'W. of Club Meadows Drive
Lane         9200
Mouser       2000-    90'E. of Bonnie View Drive to 200'E. of Signet Street
Street       2100
Munger       4500-    50' E. of Annex Avenue to Carroll Avenue
Avenue       4600
S. Munger    500-600  Junius Street to 30'N. of Tremont Street
Boulevard
Murdock Road 400-500  300'N. to 300'S. of Komalty Drive
Neches       100-300  290'W. of Madison Avenue to 35'E. of Elsbeth Avenue
Street
Nedra Way    15500-   10'N. of Warm Breeze Lane to La Cosa Drive
             15800
Neering      11600-   50' N. of Sinclair Avenue to 100' N. of Lippitt Avenue
Drive        118 00
Ninth Street 100 W.-  215'E. of Zang Boulevard to 50'W. of Patton Avenue
             300 E.
W. Ninth     800-1000 70' W. of Polk Street to 125' E. of Tyler Street
Street
Noel Road    14600    170'N. to 170'S. of Celestial Road
Nomas Street 800-1100 105' E. of Crossman Avenue to 115' W. of Sylvan Avenue
Nomas Street 5100-    200'E. of Clymer Street to 200'W. of Tumalo Trail
             5300
Northaven    2800-    140'E. of Marcus Drive to 150'W. of Dennis Road
Road         3000
Northaven    3800-    150'W. of Rosser Road to 140'W. of Snow White Drive
Road         3900
Northaven    7000-    250'E. to 250'W. of St. Judes Drive
Road         7100
Northcliff   9600-    200'E. of Brookhurst Drive to 150'W. of Peavy Road
Drive        9800
Northwest    7200-    100' E. of Airline Road to Durham Street
Parkway      7300
Nuestra      12500-   300'N. of Charlestown Drive to Montford Drive
Drive        12600
Oak Lawn     3700-    100'S of Gilbert Avenue to 150'N of Irving Avenue
Avenue       3900
Oak Trail    4900-    215'N. of Green Cove Lane to 240'S. of Town Creek Drive
             5100
Odom Drive   8500-    60'E. of Holcomb Road to 150'W. of Odeneal Street
             8600
Old Gate     1400-    80' S. of Forest Hills Boulevard to Diceman Drive
Lane         1500
Old Ox Road  5900-    5'S. of Caravan Trail to 100'N. of Indian Summer Trail
             6100
Old          9600-
Seagoville   9900     St. Augustine Drive to 400'W. of September Lane
Road
Orlando      4000-    220'W. to 175'E. of Randolph Drive
Court        4100
Osage Plaza  7700     450' S. of Maribeth Drive to 60' N. of Bromwich Drive
Parkway
Overton Road 100 W.-  165'W. to 185'E. of Beckley Avenue
             100 E.
Overton Road 800-900  Maryland Avenue to 300'E. of Idaho Avenue
Overton Road 2100-    220'W. of Easter Avenue to 360'E. of Garrison Street
             2400
E. Overton   3400-    180'N. to 395'S. of Southern Oaks Boulevard
Road         3600
Palisade     8900-    140'E. of Greendale Drive to 270'W. of Prairie Creek Road
Drive        9100
Park Lane    3100-    60'W. of Harwell Drive to 125'W. of Dale Crest Drive
             3200
Park Lane    8300-    250' W. to 245' E. of Ridgecrest Road
             8400
Parkview     900-1000 150'N. to 220'S. of Gurley Avenue
Avenue
Patterson    1400-    50'W of Akard Street to Ervay Street
Street       1500
Patton       100-300  100'N. of Tenth Street to 50'S. of Eighth Street
Avenue
Paulus       100-300  50' N. of Covington Lane to 100' N. of Reiger Street
Avenue
Peavy Road   600-700  180' N. of Waterview Road to 70' S. of Northcliff Drive
Peavy Road   2600-    320' N. of Ferguson Road to 160' S. of Gross Road
             2800
Pelican      11200    15' E. of Flicker Lane to 20' W. of McCree Road
Drive
Pennsylvania 1500-    180' W. of Holmes Street to 300' W. of Edgewood Street
Avenue       2300
Pennsylvania 2900-    20'S. of Meadow Street to 100'S. of Jeffries Street
Avenue       3000
Philip       4800-    50'W. of Fitzhugh Avenue to 50'E. of S. Barry Avenue
Avenue       5000
Piedmont     7500-    150'S. to 200'N. of Hume Drive
Drive        7600
Piedmont     7700     200' N. to 180' S. of Ravehill Lane
Drive
Pine Street  2300-    50'E. of Leland Avenue to 175'E. of Latimer Street
             2500
Plano Road   9600-    370'S. to 300'N. of Kingsley Road
             9700
Pleasant     1200-    180'S. to 500'N. of Lake June Road
Drive        1300
Pleasant     12300-   75'S. of Glen Canyon Drive to 175'N. of Chimney Hill Lane
Valley Drive 12400
Pleasant     300      165'N. of Hamlin Drive to 165'S. of Wessex Drive
Vista Drive
Plymouth     600-700  215'N. to 215'S. of Avon Street
Road
S. Polk      3100-    50'S. of O’Bannon Drive to 100'S. of Kiest Boulevard
Street       3200
S. Polk      5400-    400'N. of Drury Drive to 100'S. of Clear Fork Drive
Street       5500
S. Polk      5700-    300'N. to 300'S. of Reynoldston Lane
Street       5800
S. Polk      9200-    200' N. of Wardmont Avenue to 185' S. of Brogdon Lane
Street       9400
Pomona Road  4500     Cherokee Trail to Catawba Road
Prairie      3600-    60'N. of Tampas Lane to 300'S. of Cedar Run Drive
Creek Road   3800
N. Prairie   1900-    80'S. of Donnybrook Lane to 150'N. of Seaway Drive
Creek Road   2000
Preston Road 10500-   200'S. of Street Marks Circle to 200'S. of Over Downs
             106 00   Drive
Prichard     2400     180'S. of Ravehill Lane to Ravehill Lane
Lane
Prichard     2900     700'S. of Scyene Road to Scyene Road
Lane
Pritchard    2500-    195' S. of Reva Street to Hume Drive
Lane         2600
Racine Drive 7600-    5'S. of Edgedale Drive to 200'S. of Jadewood Drive
             8000
Ravensway    10000    150'S. of Church Road to 200'S. of Windledge Drive
Drive
Ravinia      2000-    80'S. of Rolinda Drive to183'S. of Poinsettia Drive
Drive        2400
S. Ravinia   1100-    20' S. of Clarendon Drive to 40' N. of Grafton Street
Drive        1200
S. Ravina    1400-    200'S. of Sharon Avenue to 150'N. of Falls Drive
Drive        1700
Raydell      3100     75'E. of Schooldell Drive to 60'W. of Barnett Avenue
Place
E. Red Bird  1300-    245'E. of Samcar Trail to 230'E. of Old Ox Road
Lane         1600
W. Red Bird  3700-    255'W. to 270'E. of Red Bird Center Drive
Lane         3800
Regal Road   1900     660' S. of Harry Hines Boulevard to Harry Hines Boulevard
Regatta      5600-    25' N. of Reynoldston Lane to 300' S. of Chalet Lane
Drive        5700
Reiger       6100     175'N. of Slaughter to 60'S. of N. Paulus Avenue
Avenue
Remond Drive 2600     145'E. of Hartsdale Drive to 100'E. of Fullerton Drive
Reynoldston  1200-    600'E. of Spring Glen Drive to 10'E. of Caracas Drive
Lane         1400
Richwater    5800-    200'W. to 570'E. of Campbell Road
Drive        6000
Ridge Center 6100-    Wandt Drive to 495' W. of Cedar Ridge Road
Drive        6200
Ridgecrest   5800-    Holly Hill Drive to 240' E. of Fair Oaks Avenue
Road         5900
Ridgecrest   6200-    220' W. of Eastridge Drive to 100' E. of Eastridge Drive
Road         6400
Ridgecrest   6300-    660' W. to 1430' W. of Eastridge Drive
Road         6400
Ridgeside    4400-    100'W. of Welch Road to 245'E. of Crestline Drive
Drive        4500
Robert B.    1600-
Cullum       1700     250'W. to 250'E. of Pennsylvania Avenue
Boulevard
Rolling      7900-    254'W. to 232'E. of Coit Road
Hills Lane   8000
Rolling      13900-   180'W. of Waterfall Way to 350'W. of Flagstone Lane
Hills Lane   140 00
Roper Street 6700-    W. University Boulevard to 200'S. of Thedford Avenue
             7100
Ross Avenue  4400-    60' W. of Ashby Street to 350' E. of Carroll Avenue
             4500
Ross Avenue  4700-    80' E. of Grigsby Avenue to 400' W. of Bennett Avenue
             4900
Ross Avenue  5200-    300'N. of Moser Avenue to 65'S. of N. Garrett Avenue
             5300
Rosser Road  12200-   40'N. of Port Royal Drive to 70'S. of High Summit Drive
             124 00
Round Rock   7500-    75'E. of Meandering Way to 220'E. of Spring Creek Road
Road         7900
Routh Street 1700-    215' N. of Ross Avenue to 50' S. of Woodall Rodgers
             2100     (North Service Road)
Royal Lane   2000-    315' W. of Newkirk Street (North Leg) to 580' W. of
             2200     Goodnight Lane
Royal Lane   5500-    600' W. of Netherland Drive to 100' W. of the Dallas
             5700     North Tollway off ramp
Royal Lane   6400-    260'W. to 610'E. of Edgemere Road
             6600
Royal Lane   9100-    265'E. to 265'W. of Arborside Drive
             9200
Rugged Drive 3800-    150'S. of Vatican Lane to 300'N. of Rubens Drive
             4000
Rylie Crest  11000-   100'E. of the South Leg of Haymarket Road to the east
Drive        111 00   city limits
Rylie Road   10200-   200'E. of Haymarket Road to 30'W. of Trewitt Street
             105 00
Salado Drive 16100    120'N. of La Manga Drive to 13'S. of Carta Valley Drive
San Leandro  8300-    150' W. of St. Francis Avenue to Whittier Avenue
Drive        8400
Schroeder    12300-   280'S. to 190'N. of Towns Street
Road         124 00
Scyene Road  7800-    150'E. of Scyene Circle to 100'E. of Prichard Lane
             7900
Scyene Road  9500-    530' N. to 683' S. of N. St. Augustine Road
             9600
Seagoville   11000    100'E. of Haymarket Road to the east city limits
Road
Seagoville   15600-   295'W. to 750'E. of Woody Road
Road         15900
Seagoville   16100-   450'W. to 310'E. of Stark Road
Road         16200
S.
Seagoville   300      300'W. of St. Augustine Drive to St. Augustine Drive
Road
Searcy Drive 2900     111' W. to 120' E. of Cowart Street
Sebring      6500-    60'S. of Tioga Street to 300'N. of Soft Wind Drive
Drive        6600
Seco         6800-    Celeste Drive to 300'W. of Gillette Street
Boulevard    7100
Second       4300-    10'N. of York Street to 150'N. of Carpenter Avenue
Avenue       4500
Shadybank    16400-   100'S. of Redpine Road to 150'S. of Embers Road
Road         165 00
Sheila Lane  3400     300' E. of Lakefield Boulevard to Hargrove Drive
Shiloh Road  9900-    175'S. of Healey Drive to 150'N. of Milmar Drive
             1000 0
Shiloh Road  10800    35'W. of Centerville Road to Ferguson Road
Singleton    1600-    410'W. to 330'E. of Vilbig Road
Boulevard    1800
Singleton    2800-    190'E. of Westerfeld Avenue to 280'E. of Kingbridge
Boulevard    3000     Street
Singleton    5300-    250'E. of Clymer Street to 60'E. of Lumley Street
Boulevard    5600
Sondra Drive 6700     215'W. of Hillbrook Street to Wendover Road
Sonnet Drive 11300-   170' S. of Flair Drive to 200' N. of Orchard Ridge Court
             11400
Southern     3300-
Oaks         3400     300'N. to 300'S. of Tips Boulevard
Boulevard
Sprague      3300-    300'W. of Boulder Drive to 15'E. of Westmoreland Road
Drive        3400
Spring Grove 13400-   150'W. of Meandering Way to 200'E. of Knollwood Drive
Avenue       136 00
Spring       6600-    800' W. of Hillcrest Road to 50' W. of Brookridge Drive
Valley Road  6900
Stag Road    3000-    2500'E. of Bonnie View Road to 1040'W. of Haas Drive
             3100
Stampede     2200     50' E. of Chaparral Waters Way to 120' W. of Olympus
Lane                  Boulevard
St.          100S-
Augustine    200N     220' S. of Grady Lane to 200' N. of Grove Oaks Boulevard
Road
N. St.
Augustine    500-700  200' S. of Calico Drive to 400' N. of Rhoda Lane
Road
N. St.
Augustine    1000     75' N. of Paramount Avenue to 75' S. of Angelus Road
Road
N. St.       1400-
Augustine    1600     420' S. to 530' N. of Musgrave Drive
Road
N. St.       2000-
Augustine    2200     50' S. of Olde Towne Rowe to 435' S. of Bruton Road
Road
N. St.       2400-
Augustine    2500     170' S. of Bluffcreek Drive to 170' N. of Highfield Drive
Road
N. St.       2900-
Augustine    3200     630' N. to 230' S. of Scyene Road
Road
St. David    2800-    225' W. of St. Gabriel Drive to 60' W. of St. Rita Drive
Drive        2900
Stevens      1800-    135' W. of Mary Cliff Road to 220'E. of Stevens Village
Forest Drive 2000     Drive
St. Francis  1600-    125'S. of San Cristobal Drive to 200'N. of San Leandro
Avenue       1700     Drive
St. Francis  4400-    205' W. of Berridge Lane to 145' E. of Trace Road
Avenue       4500
St. Judes    11200-   140' S. of Midbury Drive to 140' N. of Mason Dells Drive
Drive        11400
St. Michaels 11200-   200' S. of Midbury Drive to 180' N. of Mason Dells Drive
Drive        11400
St Moritz    6200     250' E. of Norris Street to 50' W. of Alderson Street
Avenue
Stichter     6300-    200'E. of Edgemere Road to 200'W. of Tibbs Street
Avenue       6500
Stoneview    9000-    200'S. of Beckleymeade Avenue to 200'N. of Westfall Drive
Drive        9200
Stults Road  8400-    116'E. of Pinewood Drive to 100'S. of Floyd Lake Drive
             8500
Stults Road  8600-    Shepherd Road to 200'W. of Woodshore Drive
             8800
Sunland      11600-   160'N. of Lippitt Avenue to 150'S. of Flamingo Lane
Street       118 00
Sunnyvale    4700-    500'S. to 150'N. of Cummings Avenue
Street       4800
Sunnyvale    4100     185'N. to 185'S. of Wilhurt Avenue
Street
Swansee      2100-    80'E. of Alamosa Drive to 100'W. of Cassia Drive
Drive        2000
Sylvan       3200-    230'S. of Nomas Street to 150'N. of McBroom Street
Avenue       3300
Teagarden    10200    250'W. to 650'E. of Education Way
Road
Telegraph    2400-    Claremont Drive to 140'E. of Rangeway Drive
Avenue       2500
Thedford     3600-    160'N. of Tyree Street to 170'E. of Victoria Avenue
Avenue       3800
Throckmorton 2700-    35'E. of Dickason Avenue to 120'W. of Congress Avenue
Street       3000
Tibbs Street 9700-    145'N. of Aberdeen Avenue to 155'N. of Walnut Hill Lane
             9900
Timberglen   3400     Kelly Boulevard to 30'W. of Justice Lane
Road
Timberglen   3600     200' W. to 210' E. of Vail Street
Road
Tioga Street 3500-    200'W. of Bonnie View Road to 190'W. of Strawberry Trail
             3800
Toluca       3000     Corning Avenue to McVay Avenue
Avenue
Tosca Lane   2100-    20'W. of Rugged Drive to 250'W. of Ovid Avenue
             2200
Town North   6800-    150'S. of Berryhill Street to 150'N. of Larmanda Street
Drive        7000
Towns Street 8200-    Schroeder Road to Dandridge Drive
             8300
Tumalo Trail 3200-    100'N. of Odessa Street to 500'N. of Nomas Street
             3300
W. Twelfth   500-600  250'E. to 250'W. of Llewellyn Avenue
Street
W. Twelfth   1300-    85'W. of Clinton Avenue to 115'W. of the south leg of
Street       1500     Windomere Avenue
W. Twelfth   2300-    35'W. of Hollywood Avenue to 165'W. of Franklin Street
Street       2500
N. Tyler     100      80'N. of Tenth Street to Melba Street
Street
Tyree Street 6800     120'N. of Thedford Avenue to Linnet Lane
Umphress     7600-    250'E. of Prichard Lane to 250'E. of Hillburn Drive
Road         7900
University   4300-    180'W. of Webster Drive to 140'E. of Roper Street
Boulevard    4700
Vail Street  18300    200' S. of Timberglen Road to Timberglen Road
Vandelia     5500-    100' S. of Inwood Road to 150' N. of Hedgerow Drive
Street       5600
Vanderbilt   5700-    200' W. of Matilda Street to 220' E. of Delmar Avenue
Avenue       5900
Vanderbilt   5800     40'E. of Matilda Street to Delmar Avenue
Avenue
Verde Valley 5100-    170'W. to 170'E. of Noel Road
Lane         5200
Vernon       2000-    100'S. of Ludlow Street to 150'S. of Ferndale Avenue
Avenue       2300
Veterans     4600     Ann Arbor Avenue to 500'S. of Ann Arbor Avenue
Drive
Veterans     4600-    765' N. of 52nd Street to 150' S. of Ledbetter Road
Drive        4900
Victoria     6700-    250'S. to 120'N. of Thedford Avenue
Avenue       6900
Victor       4500     N. Carroll Avenue to 270'E. of N. Carroll Avenue
Street
Voss Road    17800-   206'S. of Briargrove Lane to 65'S. of Whispering Gables
             17900    Drive
Walmsley     1300-    75'E. of Neal Street to 150'W. of N. Edgefield Avenue
Avenue       1500
Walnut Hill  2900-    210'W. of Monroe Drive to 60'E. of Goodyear Drive
Lane         3000
Walnut Hill  3300-    180' W. to 825' E. of Webb Chapel Road
Lane         3400
Walnut Hill  4100     160' W. of Ontario Lane to 230' W. of Midway Road
Lane
Walnut Hill  4900-    300' E. of Surrey Oaks Drive to 40' W. of Strait Lane
Lane         5000
Walnut Hill  6300-    270'W. of Tibbs Street to 240'E. of Edgemere Road
Lane         6500
Walnut Hill  8700-    10'W. of Claybrook Drive to 150'W. of Abrams Road
Lane         8900
Walnut Hill  9400-    500'W. to 200'E. of Meadowhill Drive
Lane         9500
Walnut Hill  10100-   270' W. of Ferndale Road to 120' W. of Livenshire Drive
Lane         10400
Walnut       10200-   280'W. to 220'E. of Hornbean Drive
Street       10400
Walton
Walker
Boulevard    800-900  320'S. to 105'N. of Keeneland Parkway
northbound
service road
Walton
Walker
Boulevard    800-900  275'N. to 115'S. of Keeneland Parkway
southbound
service road
Wandt Drive  6700-    425' N. of Camp Wisdom Road to Ridge Center Drive
             7000
N.           1900-
Washington   2300     110' N. of Munger Avenue to 285' S. of Thomas Avenue
Avenue
Waterfall    13600-   130'N. of Brookgreen Drive to 200'N. of Rolling Hill Lane
Way          13700
Wayne Street 900-1000 120'N. to 220'S. of Gurley Avenue
Webb Chapel  9800     30'S. of Park Lane (North Leg) to 20'N. of Manana Drive
Road
Webb Chapel  9900-    50' N. of Lockmoor Lane to 245' N. of Walnut Hill Lane
Road         10000
Welch Road   11600-   230'S. of Hockaday Drive to 100'S. of Allencrest Lane
             118 00
Welch Road   12200-   115'S. of Ridgeside Drive to 200'S. of Rickover Drive
             123 00
Welch Road   12600-   160'S. of Mill Creek Road to 110'N. of Harvest Hill Road
             12700
Wendover     3200-    220'W. of Alexander Drive to 120'N. of Meadow Lake Avenue
Road         3400
Wentwood     7200-    250' E. of Durham Street to 120' E. of Airline Road
Drive        7400
Westmoreland 100 S-   210' S. to 270' N. of West Jefferson Boulevard
Road         100 N
S.                    40'S. of Arnoldell Street to 300'S. of Irwindell
Westmoreland 500-600  Boulevard
Road
S.           1400-    60'N. of Glen Haven Boulevard to 150'S. of Shelly
Westmoreland 1500     Boulevard
Road
S.           3400-
Westmoreland 3900     50' N. of Kimballdale Road to 50' N. of Mapleleaf Lane
Road
N.           3400-
Westmoreland 3600     450'S. of Morris Street to 250'N. of Bickers Street
Road
Wheatland    1700-    300'E. of McKissick Lane to 50'E. of Fellowship Drive
Road         2000
Wheatland    7100-    325'E. to 500'W. of County View Road
Road         7200
W. Wheatland 400-500  620'E. to 420'W. of Willoughby Boulevard
Road
Whispering   12700-   125'N. of Laingtree Drive to Sunridge Trail
Hills Drive  129 00
Whitehurst   9200     320'W. to 300'E. of Club Meadows Drive
Drive
Whitehurst   9300-    660'W. of Echo Valley Drive to 55'E. of Spring Hollow
Drive        9400     Drive
Whitehurst   9400-    75'W. of Branch Hollow Drive to 60'E. of Glen Springs
Drive        9600     Drive
Whitehurst   9700-    275' E. of Arbor Park Drive to 120' E. of Ferris Branch
Drive        9800     Boulevard
White Rock   9400-    70' S. of Crestedge Drive to 550' N. of Kingsley Road
Trail        9700
White Rock   9900-    350'S. of White Rock Place to 330'S. of Church Road
Trail        10000
Whitewing    8800-    25' S. of Quail Run to Pelican Drive
Lane         8900
Willoughby   8500-    40' S. to 650' N. of Adjective Street
Boulevard    8700
Willowdell   12200    250'W. of Schroeder Road to Schroeder Road
Drive
Winedale     7100     Abrams Road to Kingsley Road
Drive
N. Winnetka  3100-    50'S. of McBroom Street to 200'S. of Pueblo Street
Avenue       3300
Woodall
Rodgers      2400-
(South       2600     50' W. of Jack Evans Street to 100' E. of Routh Street
Service
Road)
E. Woodin    500-600  150'W. of Alaska Avenue to 90'W. of S. Marsalis Avenue
Boulevard
Woody Road   900-1000 610'S. of Seagoville Road to Seagoville Road
Worth Street 4500     N. Carroll Avenue to 670' E. of N. Carroll Avenue
Worth Street 5700-    300'W. of Lowell Street to 400'E. of Ridgeway Street
             5900
Wozencraft   5700     45'E of Nuestra Drive to 300'W of Jamestown Road
Drive
Wright       2800-    150'W. to 220'E. of Ravinia Drive
Street       2900
Wycliff      2100-    260'S. to 360'N. of Rosewood Avenue
Avenue       2300
Wycliff      2500-    75'W. of Hartford Street to 350'E. of Maple Avenue
Avenue       2800
 
(Ord. Nos. 14584; 18409; 18483; 18983; 19749; 20196; 21237; 21564; 22763;
22926; 23078; 23158; 23294; 23556; 23917; 24492; 25833; 26500; 27294; 27700;
28871; 28940; 29071; 29246; 29395; 29613; 30022; 30217; 31552 ; 31770; 32069;
32291; 32488)
SEC. 28-51.   SPEED IN PARKING LOT OF DALLAS CONVENTION CENTER.
   A person commits an offense if he drives or operates a vehicle upon a
parking lot of the Dallas Convention Center at a speed in excess of 10 miles
per hour. Any speed in excess of 10 miles per hour shall be prima facie
evidence that the speed is not reasonable nor prudent and is unlawful. (Ord.
14584)
SEC. 28-52.   SPEED IN THE DALLAS CITY HALL PARKING GARAGE.
   A person commits an offense if he drives or operates a vehicle in the
parking garage, as designated in Section
28-128.1 of this chapter, at a speed in excess of 10 miles per hour. Any speed
in excess of 10 miles per hour is prima facie evidence that the speed is not
reasonable nor prudent and is unlawful. (Ord. 14911)
SEC. 28-52.1.   SPEED IN THE BULLINGTON STREET TRUCK TERMINAL.
   A person commits an offense if he drives or operates a vehicle in the
terminal, as designated in Section
28-128.8 of this chapter, at a speed in excess of 10 miles per hour. Any speed
in excess of 10 miles per hour is prima facie evidence that the speed is not
reasonable nor prudent and is unlawful. (Ord. 18408)
Division 3. Turning Movements.
SEC. 28-53.   OBEDIENCE TO NO-TURN SIGNS.
   Whenever authorized signs are erected indicating that no right, left, or U
turn is permitted, the driver of a vehicle shall obey the directions of the
sign. (Ord. 14584)
SEC. 28-54.   LIMITATION ON U TURNS.
   A person commits an offense, if as the operator of a vehicle, he turns the
vehicle so as to proceed in the opposite direction upon any street in a
business district unless a U turn sign permitting such a turn has been
installed in the area, or in any other district unless the movement can be made
in safety and without interfering with other traffic. (Ord. 14584)
SEC. 28-55.   LEFT TURNS RESTRICTED WHEN EMERGING FROM OR ENTERING ALLEYS OR
PRIVATE DRIVEWAYS IN THE CENTRAL BUSINESS DISTRICT.
   (a)   The driver of a vehicle commits an offense if, on any weekday between
7:00 a.m. and 7:00 p.m., he:
      (1)   emerges from an alley or private driveway within the central
business district by making a left turn onto a public street; or
      (2)   enters an alley or private driveway within the central business
district by making a left turn from a public street.
   (b)   It is a defense to prosecution under Subsections (a)(1) and (a)(2)
that the left turn was necessitated by a one-way street regulation.
   (c)   In this section:
      (1)   CENTRAL BUSINESS DISTRICT means “central business district” as
defined in Section
28-56 of this division.
      (2)   WEEKDAY means any day of the week from Monday through Friday. (Ord.
Nos. 14584; 24867)
SEC. 28-56.   CENTRAL BUSINESS DISTRICT DEFINED.
   For the purpose of this division, the central business district shall be
that area bounded by the following street lines:
      The south line of Young Street from Houston Street to Central Expressway;
      The east line of Central Expressway from Young Street to Pacific Avenue;
      The north line of Pacific Avenue from Central Expressway to Pearl Street;
      The east line of Pearl Street from Pacific Avenue to Ross Avenue;
      The north line of Ross Avenue from Pearl Street to Houston Street;
      The west line of Houston Street from Ross Avenue to Young Street. (Ord.
14584)
SEC. 28-57.   RESERVED.
   (Repealed by Ord. 24867)
Division 4. Stops.
SEC. 28-58.   VEHICLES TO STOP WHEN TRAFFIC IS OBSTRUCTED.
   The driver of a vehicle commits an offense if he enters an intersection or
marked crosswalk when there is not sufficient space on the other side of the
intersection or crosswalk to accommodate the vehicle being operated, without
obstructing the passage of other vehicles or pedestrians in the intersection or
crosswalk, notwithstanding any traffic control signal indication to proceed.
(Ord. 14584)
Division 5. Operation of Vehicles near Vulnerable Road Users.
SEC. 28-58.1.   DEFINITION.
   In this division, VULNERABLE ROAD USER means a person operating a bicycle,
hand cycle, unicycle, or other human-powered wheeled vehicle on a street or
highway. (Ord. 28870)
SEC. 28-58.2.   PROTECTION OF VULNERABLE ROAD USERS.
   (a)   An operator of a motor vehicle and a vulnerable road user shall comply
with all laws governing the operation of their respective vehicles on a street
or highway.
   (b)   The operator of a motor vehicle commits an offense if, while passing a
vulnerable road user on a street or highway, he:
      (1)   fails to entirely vacate the lane occupied by the vulnerable road
user; or
      (2)   re-enters the lane occupied by the vulnerable road user before
having passed the vulnerable road user at a safe distance.
   (c)   The operator or passenger of a motor vehicle commits an offense if he
throws or projects any object or substance at or against a vulnerable road
user.
   (d)   The operator of a motor vehicle commits an offense if he overtakes a
vulnerable road user traveling in the same direction and subsequently makes a
right- hand turn in front of the vulnerable road user unless the operator is
safely clear of the vulnerable road user, taking into account the speed at
which the vulnerable road user is traveling and the braking requirements of the
vehicle making the right-hand turn.
   (e)   It is a defense to prosecution under Subsections (b) and (d) that, at
the time of the offense, the vulnerable road user was acting in violation of a
city ordinance or state or federal law regulating the operation of the
vulnerable road user’s vehicle on the street or highway.
   (f)   It is a defense to prosecution under Subsection (b)(1) if the operator
of the motor vehicle:
      (1)   was unable to move into an adjacent lane of the street or highway
due to a physical barrier or obstruction or because the change of lanes would
have violated a city ordinance or state or federal law; and
      (2)   passed the vulnerable road user at a safe speed and distance.
   (g)   An offense under this section is punishable by a fine not to exceed
$300, except that, if the vulnerable road user sustained a bodily injury from
the commission of the offense, the offense is punishable by a fine not to
exceed $500. (Ord. 28870)
ARTICLE VII.
ONE-WAY STREETS AND ALLEYS.
SEC. 28-59.   ONE-WAY STREETS AND ALLEYS.
   The operator of a vehicle shall move only in the direction indicated, when
signs indicating the direction of traffic are erected at each intersection upon
the following streets or portions of streets:
STREET EXTENT DIRECTION
STREET                         EXTENT                         DIRECTION
Adams Avenue                   Melba Street to Ninth Street   South
Akard Street                   Jackson Street to Young Street South
Akard Street                   Ross Avenue to Elm Street      South
Akard Street                   Harry Hines Boulevard to Cedar South
                               Springs Road
Allen Street                   Carlisle Street to McKinney    South-east
                               Avenue
Alley (north of Blair Road and Central Expressway east
east of Central Expressway     service road to a point 420'   East
east service road)             east of Central Expressway
                               east service road
Alley (between Insurance Lane  Knox Street to Hester Avenue   North-east
and McKinney Avenue)
Alley (between Jefferson       Madison Avenue to Bishop       West
Boulevard and Sunset Avenue)   Avenue
Alley (between Tenth Street    Tyler Street to Polk Street    West
and Ninth Street)
Alley (between Routh Street    Hood Street to Enid Street     South
and Brown Street)
Alley (north of Ledbetter      Rugged Drive to a point
Drive and west of Rugged       approximately 751 feet west    West
Drive)                         thereof
Alley (paralleling Airline     Briarmeadow Drive to the alley
Road to the west)              paralleling Walnut Hill Lane   North
                               to the north
Alley (paralleling Illinois    Corinth Street Road to Denley  West
Avenue to the north)           Drive
Alley (150 feet west of        Alta Avenue to Sears Avenue    North
Greenville Avenue)
Alonzo Place                   Carver Place to McCoy Place    West
Anthony Street                 Eighth Street to Ninth Street  North
Ashland Street                 Griffin Street to Summer       East
                               Street
Ashland Street                 Cedar Springs Road to Harry    West
                               Hines Boulevard
Avondale Street                Fitzhugh Avenue to Oak Lawn    East
                               Avenue
Beacon Street                  Samuell Boulevard to Santa Fe  North
                               Avenue
Beacon Street Cut-Off          Santa Fe Avenue to Terry       South
                               Street
Berkshire Lane                 Kate Street to Westchester     West
                               Drive
Bird Street                    Haskell Avenue to Hill Avenue  West
Bisbee Drive                   Glover Pass to Hollis Street   South
                               Central Expressway (west
Blackburn Street               service road) to the Haskell-  South
                               Blackburn Connection
Broom Street                   Field Street to Laws Street    West
Browder Street                 Jackson Street to Wood Street  South
Buckner Boulevard (West        From a point 1,340 feet north
Service Road)                  of Peavy Road to a point 800   South
                               feet south of Peavy Road
Buckner Boulevard (East        From a point 830 feet south of
Service Road)                  Peavy Road to a point 2,090    North
                               feet north of Peavy Road
Bullington Street              Patterson Avenue to Bryan      South
                               Street
Cadiz Street                   Lamar Street to Central        East
                               Expressway
Canton Street                  Harwood Street to R. L.        West
                               Thornton Freeway
Carlisle Street                Allen Street to Lemmon Avenue  South
Cedar Springs Road             Akard Street to Olive Street   North-east
Central Expressway             Beaumont Street to Pearl       North
                               Expressway
Central Expressway (East       Live Oak Street to the north   North
Service Road)                  city limits at Floyd Road
Central Expressway (East       Scott Street to Martin Luther  North
Service Road)                  King Jr. Boulevard
Central Expressway (West       Forest Lane to Live Oak Street South
Service Road)
Central Expressway (West       North city limits to Coit Road South
Service Road)
Central Expressway (West       Grand Avenue to Haven Street   South
Service Road)
Centre Street                  Vernon Avenue to Polk Street   West
C. F. Hawn Freeway (East       South city limits to Lake June North
Service Road)                  Road
C. F. Hawn Freeway (West       Pemberton Hill Road to the     South
Service Road)                  south city limits
Clyde Lane                     Hallsville Street to Woodall   South
                               Rodgers north service road
Clyde Lane                     McKinney Avenue to Woodside    South
                               Street
Cole Avenue                    Lemmon Avenue to Harvard       South
                               Avenue
Colonial Avenue                Martin Luther King Jr.         North
                               Boulevard to South Boulevard
                               From a point 300 feet west of
Commerce Street                the Triple Underpass to        East
                               Exposition Avenue
Congo Street                   Bank Street to S. Carroll      West
                               Avenue
Continental Avenue             Stemmons Freeway to McKinney   East
                               Avenue
Corbin Street                  N. Griffin Street to N. Lamar  West
                               Street
Corbin Street                  Market Street to N. Lamar      East
                               Street
Corinth Street (North Service  Cockrell Avenue to Austin      West
Road)                          Street
Cotton Belt Avenue             From a point 160 feet north of North
                               Hondo Avenue to Arroyo Avenue
N. Crawford Street             Ninth Street to Eighth Street  North
Cridelle Place                 Cridelle Drive to Hargrove     East
                               Drive
Crockett Street                Pacific Avenue to Live Oak     North-west
                               Street
Dallas Parkway (East Leg)      All portions within the city   North
                               limits
Dallas Parkway (West Leg)      All portions within the city   South
                               limits
Dennison Street                Fish Trap Road to N. Hampton   East
                               Road
Dickason Avenue                Knight Street to Throckmorton  South
                               Street
Dirk Street                    Martel Avenue to McMillan      North
                               Avenue
Douglas Avenue                 Douglas-Wycliff Connection to  North-east
                               Lemmon Avenue
Douglas-Wycliff Connection     Dickason Avenue to Douglas     East
                               Avenue
East Grand Avenue (North       Tenison Memorial Road to       West
roadway)                       Cameron Avenue
East Service Drive (Dallas     Young Street to Canton Street  South
City Hall)
Eastern Avenue                 Forest Lane to Northmoor Drive South
Edgewood Street                Park Row to Good-Latimer       North
                               Expressway
W. Eighth Street               Bishop Avenue to Madison       East
                               Avenue
                               Exposition Avenue to a point
Elm Street                     300 feet west of the Triple    West
                               Underpass
Ervay Street                   St. Paul Street to Ross Avenue North
Ervay Street                   South Boulevard to Martin      South
                               Luther King Jr. Boulevard
N. Ewing Avenue                Colorado Boulevard to Comal    South
                               Street
Exposition Avenue              Main Street to Elm Street      North-west
Federal Street                 St. Paul Street to Olive       South-west
                               Street
First Avenue                   Parry Avenue to Canton Street  North-west
                               Avondale Street to the
Fitzhugh Avenue                Highland Park, Texas city      West
                               limits
Fitzhugh Avenue                Haskell Avenue to Crosstown    South
                               Expressway at Fargo Street
Five Mile Drive                Yewpon Avenue to Frio Drive    East
Forest Meadow Trail            Goldwood Drive to Brook        North
                               Terrace Trail
Four Way Place                 Main Street to Elm Street      North
Goldwood Drive                 Indian Ridge Trail to Forest   East
                               Meadow Trail
Good-Latimer Expressway (East  Bryan Street to Live Oak       North
Roadway)                       Street
Good-Latimer Expressway (West  Live Oak Street to Bryan       South
Roadway)                       Street
Gordon Street                  Junius Street to Gaston Avenue North
Graham Avenue                  Terry Street to East Grand     South
                               Avenue
Griffin Street                 Broom Street to Ashland Street North
Griffin Street East            Cadiz Street to St. Paul       East
                               Street
Griffin Street West            St. Paul Street to Cadiz       West
                               Street
N. Griffin Street              Ross Avenue to McKinney Avenue North
Harry Hines Boulevard          McKinnon Street to Akard       South
                               Street
                               McKinney Avenue to the
Harvard Avenue                 Highland Park, Texas city      North-west
                               limits
Harwood Street                 Cedar Springs Road to Harry    South-east
                               Hines Boulevard
Harwood Street                 Woodall Rodgers Freeway to     South-east
                               Pacific Avenue
Haskell Avenue                 Lemmon Avenue to Parry Avenue  South
Haskell Avenue                 Parry Avenue to Stonewall      East
                               Street
Hawkins Street                 Live Oak Street to Good-       South
                               Latimer Expressway
Hord Street                    Lamar Street to N. Griffin     West
                               Street
Houston Street Viaduct         Houston Street to the          South-west
                               southwest end of the viaduct
Houston Street                 Young Street to the north end  South
                               of the Houston Street Viaduct
                               Lyndon B. Johnson north
Inwood Road (East Leg)         service road to 1250 feet      North
                               south of Harvest Hill Road
Inwood Road (West Leg)         North city limits to 1230 feet South
                               south of Harvest Hill Road
Jackson Street                 Pearl Expressway to Houston    West
                               Street
Jefferson Boule- vard (North   Westmoreland Road to Meredith  West
Service Road)                  Avenue
John W. Carpenter Freeway      All portions within the city   North-west
(North Service Road)           limits
John W. Carpenter Freeway      All portions within the city   South-east
(South Service Road)           limits
Julius Schepps Freeway (East   All portions within the city   North
Service Road)                  limits
Julius Schepps Freeway (West   All portions within the city   South
Service Road)                  limits
                               Henderson Avenue to Dumas
Junius Street                  Street (south side of the      East
                               park)
Kate Street                    Luther Lane to Berkshire Lane  North
Kimble Avenue                  Peabody Avenue to Martin       North
                               Luther King Jr. Boulevard
Lakehurst Avenue               Hillcrest Road to Airline Road East
Lamar Street                   McKinney Avenue to Stemmons    West
                               Freeway
LaVista Court                  Matilda Street to Hubert       East
                               Street
Laws Street                    McKinney Avenue to Hord Street South
Lemmon Avenue                  Lemmon Avenue East to Turtle   South
                               Creek Boulevard
Lemmon Avenue East             Lemmon Avenue to Turtle Creek  North
                               Boulevard
Lemmon Avenue                  Peak Street to Haskell Avenue  West
Live Oak Street                St. Paul Street to Central     South-west
                               Expressway
Lomo Alto Drive                From the alley south of Luther North
                               Lane to Northwest Highway
Luther Lane                    Westchester Drive to Kate      East
                               Street
Lyndon B. Johnson Freeway      All portions within the city   West
(North Service Road)           limits
Lyndon B. Johnson Freeway      All portions within the city   East
(South Service Road)           limits
Lyndon B. Johnson Freeway      All portions within the city   North
(East Service Road)            limits
Lyndon B. Johnson Freeway      All portions within the city   South
(West Service Road)            limits
N. Madison Avenue              Neches Street to Ballard       North
                               Avenue
Market Street                  Jefferson Boulevard Viaduct to North
                               Munger Avenue
Marvin D. Love Freeway (East   All portions within the city   North
Service Road)                  limits
Marvin D. Love Freeway (West   All portions within the city   South
Service Road)                  limits
McCallum Boulevard (North Leg) Davenport Road to McCallum     West
                               Boulevard
McCallum Boulevard (South Leg) McCallum Boulevard to          East
                               Davenport Road)
                               Cedar Springs Road to Harry
McKinnon Street                Hines Boulevard at Dallas      North
                               North Tollway
McKinney Avenue                Allen Street to Harvard Avenue North
McKinney Avenue                Laws Street to Field Street    East
Merrifield Avenue              Winfield Avenue to Owenwood    West
                               Avenue
Moody Street                   McKinnon Street to Harry Hines East
                               Boulevard
Munger Avenue                  Lamar Street to Record Street  West
Ninth Street                   Patton Avenue to N. Crawford   West
                               Street
Oak Lane                       Third Avenue to Ash Lane       South-east
Olive Street                   Elm Street to Cedar Springs    North
                               Road
Olive Street Cut-off           Harwood Street to Olive Street North
Pacific Avenue                 St. Paul Street to Central     East
                               Expressway
Parnell Street                 Peabody Avenue to Pennsylvania South
                               Avenue
Parnell Street                 Lamar Street to Pennsylvania   North
                               Avenue
Parry Avenue                   Second Avenue to Third Avenue  South-west
Patterson Avenue               Field Street to Griffin Street West
Peak Street                    Parry Avenue to Lemmon Avenue  North
Pearl Expressway               Central Expressway to Beaumont South
                               Street
Pearl Street                   Pacific Avenue to Live Oak     North-west
                               Street
Polk Street                    Tyler Street at Canty Street   South
                               to Twelfth Street
Poydras Street                 Commerce Street to Jackson     South
                               Street
Quincy Lane                    Royal Lane to Northaven Road   North
Ranger Circle                  Martin Luther King Jr.         North
                               Boulevard to First Avenue
Reunion Boulevard East         Reunion Boulevard to Houston   East
                               Street
Reunion Boulevard West         Houston Street to Reunion      West
                               Boulevard
River Street                   Field Street to Laws Street    West
Riverside Road                 Bonnie View Road to J. J.      East
                               Lemmon Road
Rosine Avenue                  Slow Street to Hasting Road    North
R. L. Thornton Freeway (North  All portions within the city   West
Service Road)                  limits
R. L. Thornton Freeway (West   All portions within the city   South
Service Road)                  limits
R. L. Thornton Freeway (South  All portions within the city   East
Service Road)                  limits
R. L. Thornton Freeway (East   All portions within the city   North
Service Road)                  limits
                               St. Germain Road (east
St. Germain Road (west         roadway) to north of the Texas South
roadway)                       and Pacific Railroad north of
                               La Reunion Parkway
                               From north of the Texas and
St. Germain Road (east         Pacific Railroad north of La   North
roadway)                       Reunion Parkway to St. Germain
                               Road (west roadway)
St Paul Street                 Cedar Springs Road to Ervay    South
                               Street
San Jacinto Place              St. Paul Street to 140 feet    East
                               east of St. Paul Street
San Jacinto Street             Lamar Street to the Central    East
                               Expressway south service road
Second Avenue                  Commerce Street to Parry       South-east
                               Avenue
Seventh Street                 Bishop Avenue to Madison       East
                               Avenue
Seventh Street                 Zang Boulevard to Davis Street East
Seventh Street                 Davis Street to Montclair      East
                               Avenue
Slow Street                    Oakland Avenue to Rosine       East
                               Avenue
S. M. Wright Freeway (west     Linfield Road to Illinois      South
service road)                  Avenue
Stemmons Freeway (North        All portions within the city   West
Service Road)                  limits
Stemmons Freeway (West Service All portions within the city   South
Road)                          limits
Stemmons Freeway (South        All portions within the city   East
Service Road)                  limits
Stemmons Freeway (East Service All portions within the city   North
Road)                          limits
Summer Street                  Ashland Street to Broom Street South
Texas Street                   Central Expressway east        North
                               service road to Bryan Street
Thomas Avenue                  McKinney Avenue to Pearl       East
                               Street
Timbergrove Circle             1700 Block through the 2000    Counter-clockwise
                               Block
Tyler Street                   Pembroke Avenue to Polk Street North
                               at Canty Street
Tyler Street Connection        Twelfth Street to Pembroke     South
                               Avenue
Valor Place                    Wichita Street to 200' N. of   North
                               Wichita Street
Vann Court                     Hall Street to Pavillion       East
                               Street
Villars Street                 San Jacinto Street to Ross     North
                               Avenue
Walmsley Avenue                Montclair Avenue to Edgefield  East
                               Avenue
Westchester Drive              Berkshire Lane to Luther Lane  South
White Rock Trail               Lanshire Drive to Duran Circle South
Wichita Street                 Cedar Springs Road to Alamo    West
                               Street
Windomere Avenue               W. Page Street to Twelfth      North
                               Street
Wood Street                    Griffin Street to Pearl        East
                               Expressway
Wood Street                    Lamar Street to Houston Street West
Wood Street Connection         Griffin Street to Lamar Street West
Woodall Rodgers Freeway (North All portions within the city   West
Service Road)                  limits
Woodall Rodgers Freeway (South All portions within the city   East
Service Road)                  limits
Wycliff Avenue                 Lemmon Avenue to Dickason      South-west
                               Avenue
Young Street                   Houston Street to Griffin      East
                               Street
 
(Ord. Nos. 14584; 14696; 14818; 14869; 14922; 14974; 15194; 15455; 15541;
15699; 15760; 15835; 15936; 16018; 16166; 16411; 16475; 16524; 16577; 16821;
16901; 16986; 17031; 17063; 17166; 17345; 17456; 17576; 17677; 17725; 17767;
17872; 17875; 17944; 18265; 18483; 18484; 18685; 18982; 18983; 19081; 19502;
19749; 20196; 21237; 22763; 22926; 23158; 23556; 23917; 24492; 25833; 27294;
28871; 28940; 29071; 29246; 29491; 30022; 31552)
SEC. 28-60.   ONE-WAY STREETS IN SCHOOL ZONES.
   (a)   A person commits an offense if he operates a vehicle on a one-way
street in a school traffic zone in a direction other than the direction
indicated by the one- way sign during hours in which the one-way regulation is
in effect as indicated on the sign.
   (b)   The following streets or portions of streets are designated as one-way
streets in school traffic zones when marked by the traffic engineer with
conspicuous signs indicating the appropriate direction of travel and the hours
during which the one-way regulation is in effect:
STREET EXTENT DIRECTION
STREET                           EXTENT                               DIRECTION
Aberdeen Avenue                  Hillcrest Road to Thackery Street    West
Alley (760 feet north of Goodman Morocco Avenue to N. Justin Avenue   West
Street)
Amity Lane                       Checota Drive to Cradlerock Drive    North
Anita Street                     Delmar Avenue to Matilda Street      West
Balboa Drive                     Edgefield Avenue to Berkley Avenue   East
Berkley Avenue                   Balboa Drive to Clinton Avenue       East
Bertrand Avenue                  2nd Avenue to Spring Garden Avenue   West
Blanton Street                   Riverway Drive to Greenmound Avenue  South
Bluffcreek Drive                 Aspen Street to St. Augustine Drive  West
Brierfield Drive                 Greenspan Avenue to Cherry Point     East
                                 Drive
Brookhurst Drive                 Waterview Road to Northcliff Drive   South
Caddo Street                     Thomas Avenue to Lafayette Street    South
Carlson Street                   Vandelia Street to Cedar Springs     South
                                 Road
Classen Drive                    Northcliff Drive to North Lake Drive North
Columbia Avenue                  Glasgow Drive to Juliette Fowler     West
                                 Street
Cradlerock Drive                 Amity Lane to Cheyenne Road          East
Crenshaw Drive                   Grady Lane to Old Seagoville Road    North
Cummings Street                  Sunnyvale Street to Bonnie View Road East
Delmar Avenue                    Mockingbird Lane to Anita Street     South
Delmar Avenue                    Vanderbilt Avenue to Goodwin Avenue  South
Dennison Street                  Fish Trap Road to N. Hampton Road    East
Dickason Avenue                  Knight Street to Throckmorton Street South
Drury Drive                      Polk Street to Regatta Drive         East
                                 From a point approximately 400 feet
Dunloe Drive                     west of Joaquin Drive to Joaquin     East
                                 Drive
Edgeworth Drive                  20'S. of Turnbow Drive to Rylie      South
                                 Crest Drive
Forrestal Drive                  Wyoming Street to Larkhill Drive     North
S. Franklin Street               Gladstone Drive to Twelfth Street    North
Gayglen Drive                    Oklaunion Drive to Longbranch Lane   East
Gladstone Drive                  Hampton Road to Franklin Street      West
Goodwin Avenue                   Delmar Avenue to Matilda Street      West
Green Cove Lane                  Oak Trail to Lone Oak Drive          Northeast
Greendale Drive                  Bruton Road to Milverton Drive       North
Greenmeadow Drive                Forestcliff Drive to John West Road  South
Greenmound Avenue                Blanton Street to McKim Drive        West
Grigsby Avenue                   Bryan Street to Live Oak Street      North
Harwood Street                   Pennsylvania Avenue to Warren Avenue South
Hawthorne Avenue                 Production Drive to Afton Street     East
Haymarket Road                   Zurich Drive to Turnbow Drive        North
Hazelhurst Lane                  Everglade Road to Hovenkamp Drive    South
Healey Drive                     Shiloh Road to Casa Oaks Drive       West
Highfield Drive                  St. Augustine Drive to Aspen Street  East
Hillbrook Street                 Lake Circle Drive to Sondra Drive    North
Hodde Street                     Woodmont Drive to Jim Miller Road    East
Hoke Smith Drive                 Navajo Drive to Polk Street          East
Hollis Avenue                    LaVerne Avenue to Lawnview Avenue    East
Hovenkamp Drive                  Hazelhurst Lane to Ashbrook Road     West
Juliette Fowler Street           Reiger Avenue to Columbia Avenue     North
Junius Street                    Lowell Street to Ridgeway Street     East
N. Justin Avenue                 The alley 760 feet north of Goodman  South
                                 Street to Goodman Street
Knight Street                    Congress Avenue to Dickason Avenue   East
Lancaster Avenue                 Seventh Street to Eighth Street      South
Larkhill Drive                   Forrestal Drive to Knoxville Street  East
Linnet Lane                      Tyree Street to Victoria Street      East
Lowell Street                    Worth Street to Junius Street        North
Maryland Avenue                  Corning Avenue to McVey Avenue       North
McKissick Lane                   Egyptian Drive to Algebra Drive      South
Melba Street                     N. Llewellyn Avenue to N. Adams      East
                                 Avenue
Melbourne Avenue                 Clinton Avenue to Edgefield Avenue   West
Mercer Drive                     Mariposa Drive to Ash Creek Drive    West
Military Parkway (North Service  Jim Miller Road to Wilkes Avenue     West
Road)
Mimosa Lane                      Hillcrest Road to Thackery Street    West
Mixon Drive                      Clover Lane to Highgrove Drive       South
Montana Avenue                   Marsalis Avenue to Alaska Avenue     West
Montclair Avenue                 Taft Street to Ranier Street         South
Morocco Avenue                   Goodman Street to the alley 760 feet North
                                 north of Goodman Street
Mouser Street                    Bonnie View Road to Signet Street    East
W. Ninth Street                  N. Adams Avenue to N. Llewellyn      West
                                 Avenue
Nomas Street                     Clymer Street to Tumalo Trail        East
Odom Drive                       Holcomb Road to Odeneal Street       East
Ouida Avenue                     Schooldell Drive to Barnett Avenue   East
Paducah Avenue                   Denley Drive to Lancaster Road       East
Palisade Drive                   Greendale Drive to Prairie Creek     East
                                 Road
Philip Avenue                    Fitzhugh Avenue to Munger Avenue     East
Pomona Road                      Catawba Road to Cherokee Trail       East
N. Prairie Avenue                Ross Avenue to San Jacinto Street    Northwest
Racine Drive                     Kirwood Drive to Cleardale Drive     North
Rangeway Drive                   Telegraph Avenue to El Cerrito Drive South
Raydell Place                    Westmoreland Road to Barnett Avenue  West
Reiger Avenue                    Glasgow Drive to Paulus Avenue       East
Ridgeway Street                  Worth Street to Junius Street        South
Rolling Hills Lane               Waterfall Way to Esperanza Road      East
Rosewood Avenue                  Lucas Drive to Arroyo Avenue         South
San Jacinto Street               Fitzhugh Avenue to Prairie Avenue    West
San Leandro Drive                St. Francis Avenue to Whittier       East
                                 Avenue
Scottsboro Lane                  Grassy Ridge Trail to Marsalis       West
                                 Avenue
Silver Springs Drive             Knoxville Street to Sage Valley Lane East
Sprague Drive                    Boulder Drive to Westmoreland Road   West
Stichter Avenue                  Tibbs Street to Edgemere Road        East
Sunset Street                    Van Buren Avenue to Polk Street      East
Taft Street                      Mary Cliff Road to Montclair Avenue  East
Telegraph Avenue                 Claremont Drive to Rangeway Drive    East
Tennant Street                   Oak Cliff Boulevard to Jefferson     North
                                 Boulevard
Tenth Street                     Oak Cliff Boulevard to Tennant       West
                                 Street
Throckmorton Street              Dickason Avenue to Congress Avenue   West
Tosca Lane                       Rugged Drive to Ovid Avenue          West
Towns Street                     Schroeder Road to Oberlin Drive      West
Tufts Street                     Rylie Road to Cade Road              South
Tyree Street                     Thedford Avenue to Linnet Lane       North
Vanderbilt Avenue                Hillbrook Street to Oakhurst Street  West
Vanderbilt Avenue                Matilda Street to Delmar Avenue      East
Victoria Avenue                  Linnet Lane to Thedford Avenue       South
Waterfall Way                    Rolling Hills Lane to Brookgreen     South
                                 Drive
Waterview Road                   Peavy Road to Brookhurst Drive       East
Winton Street                    Concho Street to Delmar Avenue       West
Worth Street                     Ridgeway Street to Lowell Street     West
Wyoming Street                   Knoxville Street to Forrestal Drive  West
Zurich Drive                     Edgeworth Drive to Haymarket Road    West
 
(Ord. Nos. 14584; 18409; 19749; 21237; 21564; 22926; 23078; 24492; 25833;
26500; 27294; 27700; 28871; 28940; 29071; 29246; 29395; 30022; 30217; 31552;
32291; 32488)
ARTICLE VIII.
PEDESTRIANS’ RIGHTS AND DUTIES.
SEC. 28-61.   DUTIES OF PEDESTRIANS WHILE ON SIDEWALKS.
   (a)   Pedestrians shall stand on sidewalks or islands while waiting for a
bus.
   (b)   Pedestrians, while waiting for a bus, shall stand on the side of a
sidewalk either at or near the curb or the property line, in a manner which
will not interfere with other pedestrians using the sidewalk.
   (c)   A pedestrian, except one wholly or partially blind, shall accord full
right-of-way on a sidewalk or in a crosswalk, to all persons carrying a cane or
walking stick which is white or white with the lower end red. (Ord. 14584)
SEC. 28-61.1.   STANDING AND WALKING IN CERTAIN AREAS PROHIBITED.
   (a)   A person commits an offense if the person stands or walks on a median
that measures six feet or less in width, in areas where no median exists for
roadways designated as divided roadways, or in an area designated as a clear
zone.
   (b)   For purposes of this section,
      (1)   CLEAR ZONE means the unobstructed, traversable area provided beyond
the edge of the through travelled way for the recovery of errant vehicles. On a
curbed street, the clear zone is the area four feet from the face of the curb.
On an uncurbed street, the clear zone is 10 feet from the edge of the travel
lane. A clear zone includes shoulders, bicycle lanes, and auxiliary lanes,
except auxiliary lanes that function like through lanes. However, a clear zone
does not include areas adjacent to the back of the curb where a paved sidewalk
exists.
      (2)   MEDIAN means the intervening space, physical barrier, or clearly
indicated dividing section between the two roadways of opposing traffic on a
public divided roadway.
      (3)   RAISED SPLITTER ISLAND (also known as separator islands) means a
median that slows, directs, and separates conflicting traffic and may provide
refuge for pedestrians who are crossing a road.
      (4)   ROADWAY means streets classified in the city's thoroughfare plan as
major/principal or minor arterials, frontage roads or parkways along controlled
access freeways and tollways, non-controlled access state roadway facilities
and associated intersections with city's major or minor arterials.
   (c)   This section does not apply if the person:
      (1)   is crossing a divided roadway in the most direct route possible
inclusive of roadways that have provisions for dedicated bicycle lane
facilities or curb bump outs;
      (2)   is the victim of or rendering aid in an emergency situation or in
compliance with the directions of a peace officer;
      (3)   is performing work in the right-of-way in accordance with a permit
issued under
Chapter 43 of this code;
      (4)   is erecting or dismantling a barricade in the right-of-way in
accordance with a permit issued under
Chapter 52 of this code;
      (5)   has prior authorization from the city or is otherwise in compliance
with applicable laws and regulations;
      (6)   is standing in a raised splitter island that is not less than four
feet in width while attempting to cross a divided roadway in the most direct
route possible; or
      (7)   is walking or standing on a paved sidewalk if the sidewalk is
adjacent to the back of the curb on a curbed roadway.
   (d)   This section must be reviewed at least once a year by the city
council. (Ord. 32333)
SEC. 28-62.   ENTERING OR ALIGHTING FROM VEHICLE; LOADING AND UNLOADING SO NOT
TO INTERFERE WITH TRAFFIC.
   (a)   A person shall not enter or alight from a vehicle on the side of the
vehicle adjacent to lanes of moving traffic unless reasonably safe to do so and
unless it will cause no interference with the movement of other traffic.
   (b)   A person shall not load or unload goods or merchandise in or on a
vehicle in a manner which will interfere with moving traffic, except where
other provisions of this chapter apply.
   (c)   A person commits an offense if he enters or alights from a vehicle
while the vehicle is moving. (Ord. 14584)
SEC. 28-63.   USE OF COASTERS, ROLLER SKATES AND SIMILAR DEVICES RESTRICTED.
   A person commits an offense if while upon roller skates, or riding in or by
means of any coaster, toy vehicle, or similar device, he goes upon any roadway
except while crossing a street on a cross-walk, and when so crossing the person
shall be granted all of the rights and shall be subject to all of the duties
applicable to pedestrians. (Ord. 14584)
SEC. 28-63.1.   PROHIBITING CROSSING IN CENTRAL BUSINESS DISTRICT OTHER THAN AT
CROSSWALK.
   (a)   A pedestrian commits an offense if, in the central business district,
he crosses a roadway at a place other than a crosswalk.
   (b)   For purposes of this section, central business district is defined in
Section
28-56 of this chapter. (Ord. 15686)
SEC. 28-63.2.   DESIGNATION OF ONE-WAY PEDESTRIAN ZONES.
   (a)   In this section:
      (1)   CENTRAL BUSINESS DISTRICT is defined in Section
28-56 of this chapter.
      (2)   ONE-WAY PEDESTRIAN ZONE means a sidewalk or other pedestrian
walkway, or portion of a sidewalk or other pedestrian walkway, designated by
the chief of police to be used for one-way pedestrian traffic. A sign or signs
must be posted conspicuously within or at the entrance to a one-way pedestrian
zone indicating the designated direction of travel in the zone.
   (b)   The chief of police may, from time to time, temporarily designate one-
way pedestrian zones within the central business district if he determines
that, because of a certain condition or event, the one-way designation is in
the interest of the public order and safety.
   (c)   A person commits an offense if he walks in a one-way pedestrian zone
in a direction other than the designated direction of travel after he was
ordered by a police officer to walk in the direction of travel designated for
the zone. (Ord. 18891)
SEC. 28-63.3.   SOLICITATIONS TO OCCUPANTS OF VEHICLES ON PUBLIC ROADWAYS
PROHIBITED.
   (a)   In this section:
      (1)   GOODS means property of every kind.
      (2)   PUBLIC PROPERTY means:
         (A)   any property open or devoted to public use or owned by the city;
and
         (B)   any area dedicated to the public use for sidewalk, street,
highway, or other transportation purposes, including, but not limited to, any
curb, median, parkway, shoulder, sidewalk, alley, drive, or public right-of-
way.
      (3)   ROADWAY has the meaning given that term in Chapter 541, Texas
Transportation Code.
      (4)   SERVICES means any work done for the benefit of another person.
      (5)   SOLICITATION means any conduct or act whereby a person:
         (A)   either orally or in writing, asks for a ride, employment, goods,
services, financial aid, monetary gifts, or any article representing monetary
value, for any purpose;
         (B)   either orally or in writing, sells or offers for sale goods,
services, or publications;
         (C)   distributes without remuneration goods, services, or
publications; or
         (D)   solicits signatures on a petition or opinions for a survey.
      (6)   VEHICLE has the meaning given that term in Chapter 541, Texas
Transportation Code.
   (b)   A person commits an offense if, while occupying any public property
adjacent to any public roadway in the city, he knowingly conducts a
solicitation directed to, or intended to attract the attention of, the occupant
of any vehicle stopped or traveling on the roadway. An offense occurs when the
solicitation is made, whether or not an actual employment relationship is
created, a transaction is completed, or an exchange of money, goods, or
services takes place.
   (c)   It is a defense to prosecution under Subsection (b) that the person
was:
      (1)   summoning aid or requesting assistance in an emergency situation;
or
      (2)   a law enforcement officer in the performance of official duties.
   (d)   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), or who witnesses a violation of Subsection
(b), 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. (Ord. 25213)
ARTICLE IX.
SIZE AND WEIGHT OF VEHICLES.
SEC. 28-64.   WEIGHT OF LOAD ON ENUMERATED BRIDGES, PER AXLE.
   (a)   A person commits an offense if he operates a motor vehicle, truck-
tractor, trailer or semitrailer, or a combination of such vehicles over or upon
the bridges designated below, when the motor vehicle, truck- tractor, trailer
or semitrailer, or combination of such vehicles has an actual load in excess of
5000 pounds per axle:
      Custer Street 260 feet east of Easter Avenue
      Dickerson Street 250 feet south of Hidden Creek
      J. J. Lemmon Road 800 feet south of Cedardale Road
      Parkdale Street 1400 feet northeast of James Street
      Simpson Stuart Road 470 feet west of Locust Drive
      Wagon Wheels Trail 440 feet northwest of Lancaster Road
   (b)   A person commits an offense if he operates a motor vehicle, truck-
tractor, trailer, or semitrailer, or combination of such vehicles, over or upon
the bridges designated below when the motor vehicle, truck- tractor, trailer,
or semitrailer, or combination of such vehicles has an actual load in excess of
3000 pounds per axle:
      Glenda Lane 200 feet east of Ables Drive
   (c)   A police officer, having reason to believe that the axle load or gross
weight of a loaded vehicle is unlawful, is authorized to weigh the vehicle by
means of portable or stationary scales, or cause it to be weighed by a public
weigher, and to require that the vehicle be driven to the nearest available
scales for the purpose of weighing. If the axle load or gross weight of a
vehicle exceeds the axle load or maximum gross weight authorized by this
article or state law, the police officer shall demand and require the operator
or owner of the vehicle to unload that portion of the load necessary to
decrease the axle load or gross weight of the vehicle to the maximum axle load
or gross weight authorized by law; provided, however, that if the load consists
of livestock, perishable merchandise, or merchandise that may be damaged or
destroyed by the weather, then the operator shall be permitted to proceed to
the nearest practical unloading point before discharging the excess cargo.
(Ord. Nos. 14584; 19749)
SEC. 28-65.   VEHICLES CARRYING GREATER LOADS THAN AS REQUIRED BY SECTION 28-
64.
   Motor vehicles carrying greater loads than permitted by Section
28-64, and within the maximum limits as provided by Article 6701d-11, Vernon’s
Texas Civil Statutes, may travel over streets, highways, roadways, and bridges
designated as state or federal highways, or bus or truck routes, as designated
by the federal government and the highway department of the state or by city
ordinance; provided, that an oversized motor vehicle shall not travel or move
over any street, state or federal highway, roadway, bridge, or park road where
the city has an ordinance prohibiting such travel. (Ord. 14584)
SEC. 28-66.   CIVIL LIABILITY FOR VIOLATION OF ARTICLE.
   A person violating any provision of this article shall be civilly liable to
the city for damages to any street, highway, park road, or bridge located
within the city, resulting from such violation. (Ord. 14584)
SEC. 28-67.   SIGNS WARNING OF MAXIMUM LOAD LIMIT ON BRIDGES.
   The traffic engineer shall post appropriate warning signs on the right-hand
side of the street, roadway, highway, or parkway leading to the entrance of
each of the bridges designated in this article. These signs shall contain a
warning of the maximum load limit for the designated bridge. (Ord. 14584)
SEC. 28-68.   ROUTES FOR OVER-SIZE EQUIPMENT; DAMAGE CAUSED BY OVER-SIZE
EQUIPMENT.
   Pursuant to Article 6701a, Vernon’s Texas Civil Statutes, all state or
federal highways within the city are designated as routes for over-size
equipment; provided, that any person damaging a state or federal highway within
the city shall be civilly liable to the city for the damages. (Ord. 14584)
ARTICLE X.
TRUCK ROUTES.
SEC. 28-69.   OPERATION WITHIN CENTRAL BUSINESS DISTRICT; BOUNDARIES OF CENTRAL
BUSINESS DISTRICT DEFINED.
   A person commits an offense if he drives or operates a transit-mix truck,
truck tractor, semitrailer, pole trailer, or trailer upon a street within the
central business district, except for expeditious delivery or pickup of
material within the business district. For the purpose of this article the
boundary of the central business district is that area and those streets being
bounded by the following streets:
      Young Street from Market Street to Harwood Street;
      Harwood Street from Young Street to Canton Street;
      Canton Street from Harwood Street to Good-Latimer Expressway;
      Good-Latimer Expressway from Canton Street to Ross Avenue;
      Ross Avenue from Good-Latimer Expressway to Lamar Street;
      Lamar Street from Ross Avenue to Pacific Avenue;
      Pacific Avenue from Lamar Street to Market Street; and
      Market Street from Pacific Avenue to Young Street;
   except for the Central Expressway (Elevated Bypass) included within these
boundaries. (Ord. 14584)
SEC. 28-70.   OPERATION IN PUBLIC PARKS.
   A person commits an offense if he drives or operates a truck tractor,
semitrailer, pole trailer, or trailer upon any street running in and through
the various public parks within the city, except when making deliveries in the
park. (Ord. Nos. 14584; 21186)
SEC. 28-71.   DESIGNATED FOR TRAILERS, SEMITRAILERS OR POLE TRAILERS.
   (a)   A person commits an offense if he operates a truck tractor,
semitrailer, pole trailer, or trailer upon a street or roadway within the city,
except those truck routes enumerated below:
STREET EXTENT
STREET                                  EXTENT
Airdrome Drive                          Mockingbird Lane to Lemmon Avenue
Akard Street                            Ross Avenue to Harry Hines Boulevard
Alamo Street                            Cedar Springs Road to Wichita Street
Bachman Boulevard                       Harry Hines Boulevard to Northwest
                                        Highway
Barry Avenue                            Crosstown Expressway to R. L. Thornton
                                        Freeway
Beckley Avenue                          Singleton Boulevard to Overton Road
                                        From the west city limits east of Noel
Belt Line Road                          Road to the east city limits at Coit
                                        Road
Buckner Boulevard                       C. F. Hawn Freeway to Northwest Highway
Cadiz Street                            Industrial Boulevard to Central
                                        Expressway
Canton Street                           Exposition Avenue to R. L. Thornton
                                        Freeway
Cedar Crest Boulevard                   Martin Luther King Jr. Boulevard to
                                        Kiest Boulevard
Cedar Springs Road                      Field Street to McKinnon Street
Central Expressway (north)              Ross Avenue to the north city limits
Central Expressway (south)              Canton Street to the south city limits
Central Expressway (Service Roads)      Ross Avenue to Bryan Street
C. F. Hawn Freeway                      All portions within the city limits
Clarendon Drive                         Zang Boulevard to Corinth Street
Commerce Street                         Lamar Street to the Trinity River
Commerce Street                         Good-Latimer Expressway to Parry Avenue
Continental Avenue                      Beckley Avenue to Stemmons Freeway
                                        (East Service Road)
Corinth Street                          Industrial Boulevard to Central
                                        Expressway
Corinth Street                          Industrial Boulevard to Lancaster Road
Crosstown Expressway                    Haskell Avenue to Barry Avenue
Dallas-Ft. Worth Turnpike               All portions within the city limits
Davis Street                            Patton Avenue to the west city limits
Dolphin Road                            Spring Avenue to R. L. Thornton Freeway
East Grand Avenue                       Haskell Avenue to Gaston Avenue
Easton Road                             Garland Road to Gus Thomasson Road
Eighth Street                           R. L. Thornton Freeway to Patton Avenue
Elm Street                              Good-Latimer Expressway to Exposition
                                        Avenue
Empire Central                          Harry Hines Boulevard to Stemmons
                                        Freeway
Exposition Avenue                       Commerce Street to Parry Avenue
Exposition Avenue                       Elm Street to Parry Avenue
Ferguson Road                           R. L. Thornton Freeway to Lyndon B.
                                        Johnson Freeway
Field Street                            Ross Avenue to Cedar Springs Road
First Avenue                            Parry Avenue to Exposition Avenue
Fort Worth Avenue                       West Commerce Street to Davis Street
Garland Road                            Gaston Avenue to the northeast city
                                        limits
Good-Latimer Expressway                 Bryan Street to Central Expressway
                                        (south)
Grand Avenue                            Lamar Street to Second Avenue
Greenville Avenue                       Ross Avenue to the north city limits
Gus Thomasson Road                      Easton Road to the city limits of
                                        Mesquite, Texas
Hampton Road                            Inwood Road to the south city limits
Harry Hines Boulevard                   Akard Street to the north city limits
Harwood Street                          Canton Street to Young Street
Haskell Avenue                          Parry Avenue to Dolphin Road
Hatcher Street                          Lamar Street to Spring Avenue
Houston Street                          Young Street to Ross Avenue
Houston Street Viaduct                  Young Street to Zang Boulevard
Illinois Avenue                         Central Expressway (south) to Walton
                                        Walker Boulevard
Industrial Boulevard                    Irving Boulevard to Corinth Street
Inwood Road                             Hampton Road to Lemmon Avenue
Irving Boulevard                        Industrial Boulevard to the west city
                                        limits
John W. Carpenter Freeway               All portions within the city limits
Julius Schepps Freeway                  All portions within the city limits
Julius Schepps Freeway (Service Roads)  All portions within the city limits
Kiest Boulevard                         Cedar Crest Boulevard to Illinois
                                        Avenue
Lamar Street                            Continental Street to Central
                                        Expressway (south)
Lancaster Road                          Corinth Street Road to the south city
                                        limits
Ledbetter Drive                         Walton Walker Boulevard to Loop 12
Lemmon Avenue                           Central Expressway (north) to Northwest
                                        Highway
Lemmon Avenue East                      Lemmon Avenue to Turtle Creek Boulevard
Loop 12                                 Ledbetter Drive to Buckner Boulevard
Lovers Lane                             Central Expressway (north) to Skillman
                                        Street
Lyndon B. Johnson Freeway               All portions within the city limits
Market Center Boulevard                 Harry Hines Boulevard to Irving
                                        Boulevard
Market Street                           Ross Avenue to Young Street
Martin Luther King Jr. Boulevard        Second Avenue to Cedar Crest Boulevard
Marvin D. Love Freeway                  All portions within the city limits
McKinney Avenue                         Lamar Street to Field Street
McKinnon Street                         Cedar Springs Road to Harry Hines
                                        Boulevard at Dallas North Tollway
Military Parkway                        Dolphin Road to the east city limits
Mockingbird Lane                        Lemmon Avenue to Irving Boulevard
Mockingbird Lane                        Central Expressway (north) to Skillman
                                        Street
Moody Street                            Wichita Street to McKinnon Street
Northwest Highway                       All portions within the city limits
Oak Lawn Avenue                         Market Center Boulevard to Lemmon
                                        Avenue
Olive Street                            Ross Avenue to Cedar Springs Road
Parry Avenue                            Second Avenue to Haskell Avenue
Pearl Street                            Ross Avenue to Cedar Springs Road
Pearl Expressway                        Canton Street to Central Expressway
Record Crossing Road                    Stemmons Freeway to Harry Hines
                                        Boulevard
R. L. Thornton Freeway                  All portions within the city limits
R. L. Thornton Freeway (North Service   Akard Street to Lamar Street
Road)
Ross Avenue                             Houston Street to Greenville Avenue
Samuell Boulevard                       R. L. Thornton Freeway to East Grand
                                        Avenue
Scyene Road                             Second Avenue to the east city limits
Second Avenue                           Commerce Street to C.F. Hawn Freeway
Singleton Boulevard                     Beckley Avenue to Walton Walker
                                        Boulevard
Skillman Street                         Mockingbird Lane to Forest Lane
Stemmons Freeway                        All portions within the city limits
Spur 482 (Storey Lane)                  West city limits to Harry Hines
                                        Boulevard
Walnut Hill Lane                        Harry Hines Boulevard to Stemmons
                                        Freeway
Walton Walker Boulevard                 Ledbetter Drive to the south city
                                        limits of Irving, Texas
Walton Walker Boulevard                 The north city limits of Irving, Texas
                                        to Stemmons Freeway
Westmoreland Road                       Ledbetter Drive to Camp Wisdom Road
Woodall Rodgers Freeway (Service Roads) Central Expressway to Field Street
Young Street                            Harwood Street to Houston Street
Zang Boulevard                          Houston Street Viaduct to Marvin D.
                                        Love Freeway
 
   (b)   It is a defense to prosecution under Subsection (a) that the person:
      (1)   was moving a structure on a street or roadway or portion of a
street or roadway, other than a designated truck route, pursuant to a valid
permit issued by the building official under Subchapter 62 of the Dallas
Building Code; and
      (2)   had specific written authorization from the building official to
use that portion of the street or roadway while moving the structure. (Ord.
Nos. 14584; 15194; 15699; 16986; 17063; 18484; 19749)
SEC. 28-72.   DEPARTURE FROM DESIGNATED ROUTES; HOURS ON RESIDENTIAL STREETS.
   (a)   The operator of a semitrailer, pole trailer, or trailer restricted to
the streets designated as “truck routes” by this article may depart from the
truck routes when it is necessary to reach a truck terminal or to load or
unload merchandise at locations situated off designated truck routes. The
operator of a trailer, semitrailer, or pole trailer shall not leave a
designated truck route until he has reached a turning off point leading to the
ultimate destination of the vehicle by the shortest practical route which is
consistent with the reasonable operation of the vehicle.
   (b)   A person operating a semitrailer, pole trailer, or trailer commits an
offense if, between the hours of 10:00 p.m. and 6:00 a.m. on any day, he leaves
a designated truck route and operates the semitrailer, pole trailer, or trailer
on a street that is adjacent to single-family or duplex residential dwellings.
   (c)   It is a defense to prosecution under Subsection (b) that the person:
      (1)   was moving a structure on a street or roadway or portion of a
street or roadway, other than a designated truck route, pursuant to a valid
permit issued by the building official under Subchapter 62 of the Dallas
Building Code; and
      (2)   had specific written authorization from the building official to
use that portion of the street or roadway while moving the structure. (Ord.
Nos. 14584; 17792; 19749)
SEC. 28-73.   SAME - JUSTIFICATION OF DEPARTURE.
   A person operating a semitrailer, pole trailer, or trailer upon a street or
roadway which is not designated a truck route by this article, shall have in
his possession for the inspection of police officers, his log book, delivery
slips, or other evidence of his destination and point of origin to justify the
presence of the vehicle on a street or roadway other than a designated truck
route. (Ord. 14584)
SEC. 28-74.   SIGNS.
   The traffic engineer shall erect appropriate signs and markings advising
motorists of the truck routes established by this article. (Ord. Nos. 14584;
19749)
SEC. 28-75.   ALTERNATE ROUTES.
   When a street or roadway designated as a truck route is under repair or
otherwise temporarily out of use, the traffic engineer is authorized to
designate alternate truck routes. (Ord. 14584)
ARTICLE XI.
STOPPING, STANDING, AND PARKING GENERALLY.
Division 1. Generally.
SEC. 28-76.   OBEDIENCE TO SIGNS.
   A person commits an offense, if as the operator of a vehicle, he parks,
stops, or stands the vehicle in violation of an official sign, curb marking, or
street marking prohibiting, regulating, or restricting the parking, stopping,
or standing of a vehicle. (Ord. 14584)
SEC. 28-76.1.   UNATTENDED VEHICLES PRESUMED LEFT BY OWNER.
   (a)   When a vehicle is found unattended or unoccupied upon a street,
highway, alley, or other place in violation of any provision of this chapter
regulating the stopping, standing, or parking of vehicles, it shall be presumed
that the owner unlawfully stopped, stood, or parked the vehicle.
   (b)   Proof of ownership of a vehicle may be made by a computer-generated
record of the registration of the vehicle with the State Department of Highways
and Public 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.
20012)
SEC. 28-76.2.   ILLEGALLY STOPPED VEHICLES; MAY BE REQUIRED TO MOVE.
   When a police officer or parking enforcement officer finds a vehicle
standing upon a street or highway in violation of a provision of this article,
the police officer or parking enforcement officer is authorized to move the
vehicle, or to require the driver or other person in charge of the vehicle to
move the vehicle, to a location off the paved or main part of the street or
highway. (Ord. Nos. 20012; 32470)
SEC. 28-76.3.   PARKING BAN.
   A person commits an offense if, during a parking ban, he stops, stands, or
parks a vehicle along a curb of a street posted conspicuously with signs
indicating the parking ban. (Ord. 20012)
SEC. 28-76.4.   PARKING DEFENSES FOR CITY COUNCIL MEMBERS AND LAW ENFORCEMENT
OFFICERS.
   (a)   City council members. It is a defense to prosecution under Sections
28-106,
28-107,
28-108, and
28-109 of this chapter that a vehicle in violation of any of those sections:
      (1)   was stopped, stood, or parking by a city council member of the city
of Dallas while on official city business; and
      (2)   had city council parking authorization, in a form approved by the
chief of police, placed so as to be clearly visible from the front windshield
of the vehicle.
   (b)   Law enforcement officers.
      (1)   It is a defense to prosecution under any provision of this chapter
or Chapter 32 governing the stopping, standing, or parking of a vehicle that
the vehicle was:
         (A)   owned or operated by a law enforcement agency; and
         (B)   stopped, stood, or parked by a sworn law enforcement officer
while responding to an emergency situation in the performance of official
duties.
      (2)   It is a defense to prosecution under Sections
28-76,
28-94,
28-95,
28-96,
28-106,
28-107,
28-108, and
28-109 of this chapter that a vehicle in violation of any of those sections
was:
         (A)   owned or operated by a law enforcement agency; and
         (B)   stopped, stood, or parked by a sworn law enforcement officer
while actively engaged in the enforcement of a specific city, state, or federal
law, such law to be disclosed by the law enforcement officer. (Ord. Nos. 20168;
21612; 22026; 27697)
SEC. 28-76.5.   UNATTENDED MOTOR VEHICLES.
   A person commits an offense if he stops, stands, or parks a motor vehicle
and leaves it unattended without first stopping the engine, locking the
ignition, removing the key from the ignition, effectively setting the brake on
the vehicle, and, when standing upon any grade, turning the front wheels to the
curb or side of the highway. (Ord. 20269)
SEC. 28-77.   UNAUTHORIZED RESERVING OF PARKING SPACES.
   (a)   On street for adjoining property owners and customers. A person
commits an offense if without lawful authority, he places, maintains, or
displays upon or in view of a public sidewalk, curb, or street, a sign, signal,
marking, or device which indicates reserved parking space for adjoining owners
or for customers of the adjoining owners upon the street or in areas recessed
from the street which require use of the street for maneuvering.
   (b)   Verbal statement or gesture. A person commits an offense if without
lawful authority, he attempts to reserve a parking space upon a street for an
adjoining owner by statement or gesture. (Ord. Nos. 14584; 15194)
SEC. 28-78.   ANIMAL-DRAWN WAGONS, PUSHCARTS OR BICYCLES.
   A person commits an offense if he stops, stands, or parks in a public
street, sidewalk, or alley, an animal- drawn wagon, pushcart, bicycle,
tricycle, or unicycle, except where allowed by other provisions of this code.
(Ord. 14584)
SEC. 28-79.   VEHICLE TO BE PARKED WITHIN LIMIT LINES.
   The driver of a vehicle who parks the vehicle on a street upon which parking
spaces are delineated by limit lines, shall park the entire vehicle within the
limit lines marked on the curb or street designating the parking stall. (Ord.
14584)
SEC. 28-80.   PARKING OF COMMERCIAL VEHICLES.
   A person commits an offense if he stops, parks, or stands a truck-tractor,
road tractor, trailer, semitrailer, pole trailer, bus, or any commercial motor
vehicle upon a public street, alley, parkway, boulevard, or public place. This
section shall not apply to street construction, maintenance, and repair
equipment; trucks, equipment, trailers, and vehicles used by public service
utility companies engaged in repairing or extending public service utilities;
motor busses when taking on or discharging passengers at customary bus stops;
other vehicles when actually parked at a designated loading zone, or where it
is lawful to park a commercial motor vehicle for the purpose of accepting or
delivering transportable goods; or a vehicle with a mechanical defect, making
it unsafe to proceed further, in which event, it shall be lawful to stand or
park the vehicle during the time necessary to make emergency repairs. (Ord.
14584)
SEC. 28-81.   PARKING OF VEHICLES WITH CAPACITY OF MORE THAN ONE AND ONE-HALF
TONS IN CERTAIN DISTRICTS.
   (a)   A person commits an offense if he stops, parks, or stands a truck-
tractor, road tractor, semitrailer, bus, trailer, or truck with a rated
capacity in excess of one and one-half tons, according to the manufacturer’s
classification, upon property within a residential area. This subsection shall
not apply to the parking or standing of a vehicle for the purpose of
expeditiously loading or unloading passengers, freight, or merchandise.
   (b)   A person commits an offense if he stops, parks, or stands a motor
home, house trailer, or recreational vehicle with a rated capacity in excess of
one and one-half tons, according to the manufacturer’s classification, upon any
public right-of-way abutting a residential area. This subsection shall not
apply to the parking or standing of a vehicle for the purpose of expeditiously
loading or unloading passengers or property.
   (c)   In this section, RESIDENTIAL AREA means any block face containing a
single family, duplex, or multi-family dwelling. (Ord. Nos. 14584; 19455;
20269)
SEC. 28-81.1.   STOPPING, STANDING, OR PARKING PROHIBITED IN SPECIFIED PLACES.
   (a)   Except when necessary to avoid conflict with other traffic or to be in
compliance with the law or the directions of a police officer, city marshal, a
parking enforcement officer, or an official traffic-control device, a person
commits an offense if he:
      (1)   stops, stands, or parks a vehicle:
         (A)   on the roadway side of any vehicle stopped or parked at the edge
or curb of a street;
         (B)   on a sidewalk;
         (C)   within an intersection;
         (D)   on a crosswalk;
         (E)   between a safety zone and the adjacent curb or within 30 feet of
points on the curb immediately opposite the ends of a safety zone, unless a
different length is indicated by signs or markings;
         (F)   alongside or opposite any street excavation or obstruction when
stopping, standing, or parking would obstruct traffic;
         (G)   upon any bridge or other elevated structure upon a highway or
within a highway tunnel;
         (H)   on any railroad track;
         (I)   on the roadway of any street, when the vehicle constitutes a
hazard to itself or to persons or other vehicles; or
         (J)   in violation of a sign prohibiting the stopping of vehicles;
         (K)   in designated bike lanes; or
      (2)   stands or parks a vehicle:
         (A)   in front of a public or private driveway;
         (B)   within 15 feet of a fire hydrant;
         (C)   within 20 feet of a crosswalk at an intersection;
         (D)   within 30 feet of the approach to any flashing signal, stop
sign, yield sign, or traffic-control signal located at the side of a roadway;
         (E)   when properly posted with signs, within 20 feet of the driveway
entrance to any fire station and, on the side of the street opposite the
entrance to any fire station, within 75 feet of an entrance;
         (F)   in violation of a sign prohibiting the standing of vehicles; or
         (G)   in a fire lane.
   (b)   A person commits an offense if he moves a vehicle not lawfully under
his control:
      (1)   an unlawful distance away from a curb; or
      (2)   into any area prohibited by this section.
   (c)   Notwithstanding Subsection (a)(1)(B), a person may stop, stand, or
park a bicycle on a sidewalk if the bicycle does not impede the normal and
reasonable movement of pedestrian or other traffic on the sidewalk. (Ord. Nos.
20012; 20269; 32291; 32470)
Division 2. Prohibited in Specified Places.
SEC. 28-82.   PARKING NEAR RAILROAD TRACKS; PROHIBITED GENERALLY; PERMITTED FOR
LOADING.
   (a)   A person commits an offense if he parks a vehicle, whether occupied or
not, within 50 feet of the nearest rail of a railroad crossing, except when
temporarily for the purpose of and while actually engaged in loading or
unloading merchandise or passengers.
   (b)   A person commits an offense if he stops, parks, or stands a vehicle,
at a location other than a railroad crossing, so that any portion of the
vehicle is closer than six feet to the nearest rail of the track of a railroad
company. This subsection does not apply to the parking or standing of vehicles
for the purpose of loading or unloading passengers, freight, or merchandise to
or from a railroad car or building adjoining the track. (Ord. Nos. 14584;
20012)
SEC. 28-83.   RESERVED.
   (Repealed by Ord. 20012)
SEC. 28-84.   PARKING FOR MORE THAN 24 HOURS PROHIBITED.
   A person commits an offense if he leaves standing or parked in a public
street, alley, or other public place, an unattended vehicle or other private
property for a continuous period of time longer than 24 hours. (Ord. 14584)
SEC. 28-85.   PARKING FOR CERTAIN PURPOSES AND PARKING ON HIGHWAYS AND PARKWAYS
PROHIBITED.
   (a)   A person commits an offense if he parks a vehicle upon a street or
highway for the purpose of:
      (1)   displaying the vehicle for sale; or
      (2)   washing, greasing, or repairing the vehicle, except when repairs
are necessitated by an emergency.
   (b)   A person commits an offense if he stops, parks, or stands a vehicle,
whether attended or unattended:
      (1)   on a parkway; or
      (2)   upon the main-traveled part of a highway outside of a business or
residence district unless:
         (A)   it is not practicable to stop, park, or stand the vehicle off
that part of the highway;
         (B)   an unobstructed width of the highway opposite a standing vehicle
is left for the free passage of other vehicles; and
         (C)   a clear view of the stopped vehicle is available from a distance
of 200 feet in each direction upon the highway.
   (c)   Subsection (b) does not apply to a vehicle that develops a mechanical
defect making it impossible or unsafe to proceed further, and in this case it
is lawful to stop, park, or stand the vehicle for the time necessary to make
emergency repairs. (Ord. Nos. 14584; 20012)
SEC. 28-86.   PARKING BY PARKING LOT OWNERS.
   A person commits an offense if as the owner or attendant of a parking lot,
who receives a fee for parking or storing a vehicle, he parks a vehicle within
a metered or unmetered parking zone, sidewalk, parkway space, or on the streets
or highways of the city. (Ord. 14584)
SEC. 28-87.   PARKING IN ALLEYS.
   (a)   A person commits an offense if he parks or stands a passenger car or
light truck in an alley so that any portion of the vehicle:
      (1)   obstructs a driveway; or
      (2)   limits the width of the alley to less than 10 feet.
   (b)   This section does not apply to a vehicle when it is used for
construction, maintenance, or repair work in an alley or when it has a defect
which immobilizes the vehicle. (Ord. Nos. 14818; 15455)
SEC. 28-88.   STANDING OR PARKING ON ONE-WAY ROADWAYS, TWO-WAY ROADWAYS, AND
CUL-DE-SACS.
   (a)   If a highway includes one or more separate roadways, and traffic is
restricted to one direction on one or more of the separate roadways, a person
commits an offense if he stops, stands, or parks a vehicle:
      (1)   upon the left-hand side of the one-way roadway, unless signs are
erected to permit such stopping, standing, or parking;
      (2)   with the left-hand wheels of the vehicle more than 18 inches from
the left-hand curb or edge of the roadway, if stopping, standing, or parking is
permitted on the left-hand side of the one-way roadway;
      (3)   with the right-hand wheels of the vehicle more than 18 inches from
the right- hand curb or edge of the roadway; or
      (4)   in a direction other than the direction of authorized traffic
movement.
   (b)   A person commits an offense if he stops, stands, or parks a vehicle
upon a two-way roadway:
      (1)   on the left-hand side of the roadway; or
      (2)   with the right-hand wheels of the vehicle more than 18 inches from
the right- hand curb or edge of the roadway.
   (c)   A person commits an offense if he stops, stands, or parks a vehicle
upon a cul-de-sac:
      (1)   With the right-hand wheels of the vehicle more than 18 inches from
the right-hand curb or edge of the roadway; or
      (2)   In the center portion of the cul-de-sac unless the center is
clearly marked for parking. (Ord. Nos. 14584; 20012; 20269; 32470)
Division 3. Stopping for Loading or Unloading Only.
SEC. 28-89.   CURB LOADING ZONES - AUTHORITY TO DESIGNATE; TIMES OPERATIVE.
   (a)   The traffic engineer, on the basis of engineering and traffic surveys,
is authorized to determine the location of passenger and freight curb loading
zones and shall place and maintain appropriate signs indicating these
locations. A loading zone shall be designated by upright signs or painted curb
markings of a distinctive color imprinted with the words “Loading Zone” or
“Passenger Loading Zone”.
   (b)   Freight loading zones shall be effective between 6:00 a.m. and 6:00
p.m., except Sundays and meter holidays, unless signs or markings specify other
effective hours and days. Passenger loading zones shall be effective at all
times. If the zone lies within a section of curb designated for parking ban
purposes, the loading zone shall not be effective during the time when the
parking ban is in effect. (Ord. Nos. 14584; 17413; 20269)
SEC. 28-90.   RESERVED.
   (Repealed by Ordinance No. 17413)
SEC. 28-91.   RESERVED.
   (Repealed by Ordinance No. 17413)
SEC. 28-92.   RESERVED.
   (Repealed by Ordinance No. 17413)
SEC. 28-93.   SAME - USE NOT EXCLUSIVE.
   Loading zones shall be available to anyone who may have loading or unloading
in the immediate vicinity. (Ord. 14584)
SEC. 28-94.   USE OF PASSENGER CURB LOADING ZONES.
   A person commits an offense if he stops, stands, or parks a vehicle for any
purpose other than for the expeditious loading or unloading of passengers in
any place marked as a passenger loading zone during hours when the regulations
applicable to the loading zones are in effect. In no event may a person stop,
stand, or park a vehicle in a passenger loading zone longer than the period of
time allowed by the sign or marking designating the loading zone. (Ord. Nos.
14584; 21194)
SEC. 28-95.   USE OF FREIGHT CURB LOADING ZONES BY COMMERCIAL VEHICLES.
   A person commits an offense if he stops, stands, or parks a commercial
vehicle for any purpose other than for the expeditious unloading or loading of
materials in any place marked as a loading zone during hours when the
provisions applicable to such zones are in effect. In no case shall the
stopping for loading and unloading of materials exceed 30 minutes, except on
written permission from the chief of police or the director and then only for a
period necessary to complete one undertaking. (Ord. Nos. 14584; 17413; 20269;
21194)
SEC. 28-96.   USE OF FREIGHT CURB LOADING ZONES BY NON- COMMERCIAL VEHICLES.
   (a)   A person commits an offense if he stops, stands, or parks a vehicle
other than a commercial vehicle in a freight curb loading zone.
   (b)   It is a defense to prosecution under Subsection (a) that:
      (1)   materials were being expeditiously unloaded from or loaded into the
vehicle; and
      (2)   a valid loading zone permit issued under Section
28-96.1 was conspicuously displayed on the vehicle, in a manner and location
approved by the director, such that all information on the face of the permit,
including, but not limited to, the permit number and expiration date, could be
easily read from outside the vehicle.
   (c)   In no case shall the stopping for loading and unloading of materials
exceed 30 minutes, except on written permission from the chief of police or the
director and then only for a period necessary to complete one undertaking.
(Ord. Nos. 14584; 17413; 20269; 21194)
SEC. 28-96.1.   LOADING ZONE PERMIT - APPLICATION; FEE; EXPIRATION;
TRANSFERABILITY.
   (a)   To obtain an annual loading zone permit for a vehicle other than a
commercial vehicle, a person must submit a completed written application to the
director on a form provided for that purpose. The application must include the
following information:
      (1)   the name, address, and signature of the applicant;
      (2)   the name and address of the commercial enterprise for which the
vehicle is operated;
      (3)   the state license plate number of each vehicle to be permitted; and
      (4)   any other information the director determines necessary to the
administration and enforcement of this section.
   (b)   The holder of an annual loading zone permit for a vehicle may apply
for a temporary loading zone permit for another vehicle by submitting a
completed written application to the director on a form provided for that
purpose.
   (c)   Before any loading zone permit may be issued for a vehicle pursuant to
this section, all outstanding parking citations issued by the city on the
vehicle must be paid or otherwise resolved.
   (d)   The fee for an annual loading zone permit is $50 for each vehicle. The
fee for a temporary loading zone permit is $12.50 for each vehicle. The fee for
issuing a duplicate annual loading zone permit for one lost, destroyed, or
mutilated is $25. A permit fee is payable to the director upon issuance of the
permit. No refund of a permit fee will be made.
   (e)   An annual loading zone permit expires one year from the last day of
the month in which the permit was issued.
   (f)   A temporary loading zone permit expires 15 days after the date of
issuance.
   (g)   Any loading zone permit assigned to one vehicle is not transferable.
   (h)   A person commits an offense if he:
      (1)   forges, alters, or counterfeits an annual or temporary loading zone
permit; or
      (2)   possesses a forged, altered, or counterfeited annual or temporary
loading zone permit. (Ord. Nos. 20269; 20736; 21194; 21819; 27553)
SEC. 28-97.   VEHICLES BACKED TO CURB FOR LOADING.
   The driver of a vehicle used to transport merchandise or materials may load
and unload while the vehicle is backed against the curb, in areas and at times
designated by the chief of police so long as it does not seriously interfere
with the flow of traffic. (Ord. 14584)
SEC. 28-98.   POSITION OF VEHICLES BACKED TO CURB FOR LOADING, ETC.
   When a vehicle having six or more wheels is backed to the curb for the
purpose of unloading or loading, the front or tractor portion shall, to the
extent physically possible, be turned parallel to the curb and headed in the
direction of traffic. (Ord. 14584)
SEC. 28-99.   AUTHORITY TO DESIGNATE PUBLIC CARRIER STANDS.
   The traffic engineer, based upon engineering and traffic surveys, is
authorized and required to establish bus stops, taxicab stands, and stands for
other passenger common carrier motor vehicles on the public streets in such
places as he determines to be of the greatest benefit and convenience to the
public, and every bus stop, taxicab stand, or other stand shall be designated
by appropriate signs. (Ord. 14584)
SEC. 28-100.   PARKING OF BUSSES AND TAXICABS REGULATED.
   (a)   The operator of a bus or taxicab shall not stop, stand, or park upon a
street in a business district at any place other than at a bus stop or a
taxicab stand, respectively; except that this provision shall not prevent the
driver of a bus or taxicab from temporarily stopping in accordance with other
stopping or parking regulations at any place for the purpose of loading or
unloading passengers.
   (b)   While using a taxicab stand, a driver shall not go beyond 25 feet of
the taxicab except to assist a passenger as reasonably necessary after being
engaged. A taxicab left unattended in violation of this subsection is illegally
parked and may be removed from the taxicab stand and impounded as provided in
Section
28-4 of this chapter. (Ord. Nos. 14584; 20269)
SEC. 28-101.   RESTRICTED USE OF BUS STOPS AND TAXICAB STANDS.
   A person commits an offense if he stops, stands, or parks a vehicle other
than a bus in a bus stop zone or other than a taxicab in a taxicab stand when
the stop zone or stand has been appropriately designated by signs, except that
the driver of a passenger vehicle may temporarily stop therein while actually
engaged in loading or unloading passengers when stopping does not interfere
with a bus or taxicab about to enter the zone. (Ord. 14584)
SEC. 28-102.   STOPPING OF BUSSES WITHIN INTERSECTION OR CROSSWALK.
   The operator of a bus shall not stop within an intersection or crosswalk for
the purpose of receiving or discharging passengers. (Ord. 14584)
Division 4. Parking Meters.
SEC. 28-103.   AUTHORITY TO INSTALL METERS; WHERE INSTALLED.
   (a)   The director of transportation or his designee is authorized to
install parking meters only in the following metered parking areas:
METERED PARKING AREA BOUNDARIES
METERED PARKING AREA                   BOUNDARIES
                                       Gaston Avenue to Washington Avenue to
                                       Swiss Avenue on the north; Haskell
Baylor                                 Avenue on the east; Elm Street to Hall
                                       Street to Indiana Boulevard on the
                                       south; and Malcolm X Boulevard to Junius
                                       Street to Oak Street on the west.
                                       Woodall Rodgers Freeway on the north;
                                       Julius Schepps Freeway on the east; R.
                                       L. Thornton Freeway on the south; and
                                       Stemmons Freeway on the west. (West End
                                       is bounded by Woodall Rodgers Freeway on
Central Business District (includes    the north; Field Street on the east; Elm
West End Historical District and Klyde Street on the south; and Stemmons
Warren Park)                           Freeway on the west.) (Klyde Warren Park
                                       is bounded by the Woodall Rodgers
                                       Freeway westbound service road on the
                                       north; Pearl Street on the east; the
                                       Woodall Rodgers Freeway eastbound
                                       service road on the south; and St. Paul
                                       Street on the west.)
                                       Indiana Boulevard on the north;
Deep Ellum                             Exposition Avenue on the east; Canton
                                       Street on the south; and Good-Latimer
                                       Expressway on the west.
                                       Stemmons Freeway north service road on
                                       the north; Oak Lawn Avenue on the east;
Infomart                               Stemmons Freeway south service road on
                                       the south; and Market Center Boulevard
                                       on the west.
                                       Sunset Avenue on the north; Crawford
Jefferson                              Street on the east; Twelfth Street on
                                       the south; and Willomet Avenue on the
                                       west.
                                       Merit Drive on the north; the east side
Park Central                           of Park Central Drive on the east;
                                       Forest Lane on the south; and the west
                                       side of Park Central Drive on the west.
                                       Harry Hines Boulevard on the north;
Parkland                               Medical District Drive on the east;
                                       Stemmons Freeway on the south; and
                                       Inwood Road on the west.
                                       R. L. Thornton Freeway on the north;
Cedars                                 Ervay Street on the east; Corinth Street
                                       on the south; and Lamar Street on the
                                       west.
                                       Stemmons Freeway from Woodall Rodgers
                                       Freeway to the Dallas North Tollway;
                                       Mckinnon Street from the Dallas North
Uptown/Victory                         Tollway to Pearl Street; Pearl Street
                                       from McKinnon Street to Woodall Rodgers
                                       Freeway; and Woodall Rodgers Freeway
                                       from Pearl Street to Stemmons Freeway.
 
   (b)   No parking meter may be installed in any area of the city other than a
metered parking area described in Subsection (a), unless approved by city
council ordinance.
   (c)   The total number of parking meters in any metered parking area
described in Subsection (a), as that number is determined on October 1 of each
fiscal year, may not be increased by more than 10 percent within that fiscal
year, unless the installation of each excess parking meter is approved by city
council resolution.
   (d)   At least four weeks before installing any parking meter in a metered
parking area described in Subsection (a), the director shall give written
notice of the proposed installation to each city council member.
   (e)   The department of transportation shall place and maintain all parking
meters. Meters must be placed upon the curb alongside of designated parking
stalls or in an area that is central to several parking stalls assigned to a
multi-space metered unit. The meters must indicate the time limit in effect in
each stall, the hours the limit is operative, the appropriate payment that is
required to be deposited, and the method of payment accepted by the meter.
   (f)   All parking meters installed in the city before May 22, 1996 are
considered to have been installed with city council authorization and approval.
(Ord. Nos. 14584; 22762; 24882; 25756; 27210; 28831; 30654)
SEC. 28-104.   INDICATION OF EXPIRATION OF PARKING TIME.
   (a)   Except as provided in Subsection (b) this section, each parking meter
shall display an indicator showing legal parking upon the deposit of an
appropriate payment. The parking time allowed by the payment amount must be
clearly indicated on the meter. Each meter shall continue operation from the
time payment is made until expiration of the appropriate parking time. At the
end of that parking time, the meter shall indicate by the display of a signal
that the lawful parking period has expired.
   (b)   Parking time is not required to be displayed on the meter if payment
has been made by telephone or the Internet. A person who pays for metered
parking by telephone or the Internet will receive an electronic receipt or
other form of confirmation of the transaction indicating the parking time
allowed by the payment. The owner, operator, manager, or driver of the vehicle
parked in the metered parking space is responsible for knowing when the allowed
parking time will expire. Parking time allowed through a payment transaction by
telephone or the Internet may also be accessed and displayed on a handheld
device carried by a police officer or other person authorized to issue parking
citations. (Ord. Nos. 14584; 27210; 28792)
SEC. 28-105.   VEHICLE TO BE PARKED WITHIN LIMIT LINES AT METERS.
   In addition to complying with other parking regulations in this chapter, the
driver of a vehicle shall park the vehicle in a metered parking stall so that
the entire vehicle is within the limit lines marked on the curb or street
designating the parking stall. (Ord. Nos. 14584; 27210)
SEC. 28-106.   PAYMENT REQUIRED.
   During the period when the parking time limit is in effect and payment for
metered parking is required, the owner, operator, manager, or driver of a
vehicle shall, upon entering a metered parking space, immediately deposit an
appropriate payment in the parking meter assigned to the parking space or pay
for parking at the space by use of a telephone or the Internet. The parking
space may then be used by the vehicle for the period of time shown by the
indicator on the meter or, if payment was made by use of a telephone or the
Internet, as indicated on the electronic receipt or other form of confirmation
received for the payment transaction. (Ord. Nos. 14584; 27210; 28792)
SEC. 28-107.   PARKING WHERE METER HAS EXPIRED.
   A vehicle is illegally parked if it is found parked or standing in a metered
parking space, and:
      (1)   the parking meter assigned to that space displays a signal showing
the lawful parking period has expired, unless payment for the metered parking
space was made by the use of a telephone or the Internet; or
      (2)   the allowed parking time paid for the metered parking space by
using a telephone or the Internet has expired. (Ord. Nos. 14584; 15890; 20269;
27210; 28792)
SEC. 28-108.   PARKING WHERE METER IS DISPLAYING A VIOLATION SIGNAL.
   (a)   During the period when the time limit is in effect and payment for
metered parking is required, a person shall not permit a vehicle under the
person’s control to remain in any metered parking space while the parking meter
assigned to the parking space is displaying a signal indicating that all
parking time has expired.
   (b)   It is a defense to prosecution under Subsection (a) of this section
that the person paid for the metered parking using a telephone or the Internet
and the parking time purchased by the payment transaction had not expired.
(Ord. Nos. 14584; 20269; 27210; 28792)
SEC. 28-109.   STOPPING, STANDING, OR PARKING BEYOND MAXIMUM LEGAL TIME LIMIT
PROHIBITED.
   (a)   In this section, MAXIMUM LEGAL TIME LIMIT means the amount of
continuous time that a person may purchase from a parking meter for parking at
a metered parking space, regardless of whether payment is actually made.
   (b)   A person commits an offense if he stops, stands, or parks a vehicle in
a metered parking space for a period of time longer than the maximum legal time
limit posted on the parking meter assigned to that parking space. (Ord. Nos.
14584; 27210; 28792)
SEC. 28-110.   USE OF METERED PARKING SPACES FOR LOADING AND UNLOADING.
   The use of a metered parking space for loading and unloading merchandise
from a commercial vehicle, or from a passenger-type vehicle displaying a valid
loading zone permit, will be permitted between the hours of 7:00 a.m. and 10:00
a.m. without the deposit of a payment in the parking meter assigned to the
parking space. (Ord. Nos. 14584; 17413; 20269; 27210)
SEC. 28-111.   TAMPERING WITH PARKING METERS.
   A person commits an offense if he defaces, tampers with, opens, destroys, or
impairs a parking meter installed under the provisions of this chapter, unless
authorized by the traffic engineer. (Ord. Nos. 14584; 27210)
SEC. 28-112.   DEPOSIT OF SLUGS AND NON-AUTHORIZED PAYMENT DEVICES PROHIBITED.
   A person commits an offense if he deposits or causes to be deposited in a
parking meter a slug or device other than a coin of the United States or other
payment device posted as being accepted by the parking meter. (Ord. Nos. 14584;
27210)
SEC. 28-113.   COLLECTION AND DISPOSITION OF MONEY DEPOSITED.
   The director of transportation shall designate persons to make regular
collections of the money deposited in parking meters, which must be deposited
to the credit of the city the same as funds that are collected through the
municipal courts. The deposits must be made in a special account called
"parking meter funds," which must be disbursed on order of the city council.
The persons designated by the director of transportation to make the
collections shall furnish a good and sufficient bond to the city to ensure the
city the collection and safe handling of the funds arising from the operation
of parking meters. (Ord. Nos. 14584; 15626; 17964; 22026; 27210; 27697; 30654)
SEC. 28-114.   CONVENIENCE FEE FOR PARKING PAYMENTS BY TELEPHONE OR THE
INTERNET.
   A convenience fee of $0.35 will be assessed, in addition to the parking fee,
for payment of metered parking by use of a telephone or the Internet. (Ord.
28792)
SEC. 28-114.1.   ZONES WITHIN THE CENTRAL BUSINESS DISTRICT.
   (a)   One dollar fifty cents an hour zones. A person shall pay an hourly
rate of $1.50 for the use of a metered parking space upon the following streets
or portions of streets within the central business district during the
following effective times:
      (1)   Monday through Sunday from 7:00 a.m. until 6:00 p.m. only.
STREET BLOCK(S) SIDE(S) EXTENT
STREET             BLOCK(S)   SIDE(S) EXTENT
Akard Street       100-200 N. Both    Main Street to Pacific Avenue
Austin Street      200 N.     Both    Elm Street to Pacific Avenue
Austin Street      100-300 S. Both    Main Street to Wood Street
Commerce Street    500-1900   Both    Houston Street to Harwood Street
Crockett Street    600        Both    San Jacinto Street to Bryan Street
Elm Street         500-1900   Both    Houston Street to Harwood Street
Ervay Street       100-700 N. Both    Main Street to Ross Avenue
Ervay Street       100-400 S. Both    Main Street to Young Street
Federal Street     1600-1900  Both    Akard Street to Harwood Street
Field Street       100-600 N. Both    Main Street to Ross Avenue
Field Street       100-300 S. Both    Main Street to Wood Street
Harwood Street     400-800 N. Both    Live Oak Street to Ross Avenue
Houston Street     100 N.     Both    Main Street to Elm Street
Houston Street     100-300 S. Both    Main Street to Wood Street
Jackson Street     500-1700   Both    Houston Street to Prather Street
Lamar Street       200 N.     Both    Elm Street to Pacific Avenue
Lamar Street       100-300 S. Both    Main Street to Wood Street
Lane Street        200        Both    Commerce Street to Jackson Street
Live Oak Street    1900       Both    St. Paul Street to Harwood Street
Main Street        500-1900   Both    Houston Street to Harwood Street
Market Street      100 N.     Both    Main Street to Elm Street
Market Street      100-300 S. Both    Main Street to Wood Street
Olive Street       500-800 N. Both    Bryan Street to Ross Avenue
Pacific Avenue     1900       Both    St. Paul Street to Harwood Street
Pearl Street       500-800 N. Both    Live Oak Street to Ross Avenue
Prather Street     200        Both    Commerce Street to Jackson Street
Record Street      300 S.     Both    Jackson Street to Wood Street
Ross Avenue        1800-2000  Both    Ervay Street to Live Oak Street
San Jacinto Street 1600-2300  Both    Ervay Street to Leonard Street
San Jacinto Place  1900       Both    San Jacinto Street to St. Paul Street
St. Paul Street    300-600 N. Both    Live Oak Street to San Jacinto Street
Wood Street        500-1600   Both    Houston Street to Ervay Street
 
      (2)   Monday through Sunday from 7:00 a.m. until 12 midnight only.
 
STREET          BLOCK(S)  SIDE(S) EXTENT
Commerce Street 2000-2100 Both    Harwood Street to Central Expressway
Elm Street      2000-2100 Both    Harwood Street to Central Expressway
Live Oak Street 2000-2100 Both    Harwood Street to Pearl Street
Main Street     2000-2100 Both    Harwood Street to Central Expressway
 
   (b)   One dollar twenty-five cents an hour zones. A person shall pay an
hourly rate of $1.25 on Monday through Sunday, from 7:00 a.m. until 12 midnight
only, for the use of a metered parking space upon all streets or portions of
streets within the central business district, except as otherwise provided in
this section.
   (c)   One dollar an hour zones - streets. A person shall pay an hourly rate
of one dollar on Monday through Sunday, from 7:00 a.m. until 12 midnight only,
for the use of a metered parking space upon the following streets or portions
of streets within the central business district:
STREET BLOCK(S) SIDE(S) EXTENT
STREET          BLOCK(S)    SIDE(S) EXTENT
Corbin Street   600-900     Both    Record Street to Laws Street
Hord Street     900         Both    Lamar Street to Laws Street
Lamar Street    300-2000 N. Both    Pacific Avenue to McKinney Avenue
Market Street   300-1800 N. Both    Pacific Avenue to Munger Avenue
McKinney Avenue 600-900     Both    Record Street to Laws Street
Munger Avenue   600-900     Both    Record Street to Laws Street
Record Street   300-1900 N. Both    Pacific Avenue to McKinney Avenue
Ross Avenue     500-800     Both    Pacific Avenue to Lamar Street
 
   (d)   One dollar an hour zones - parking lots. A person shall pay an hourly
rate of one dollar on Monday through Sunday, from 7:00 a.m. until 6:00 p.m.
only, for the use of a metered parking space upon the following areas within
the central business district:
 
PARKING LOT BOUNDARIES
City Hall   Marilla Street
            Ervay Street
            Canton Street
            Akard Street
 
   (e)   Sixty cents an hour zones. A person shall pay an hourly rate of 60
cents for the use of a metered parking space upon the following streets or
portions of streets within the central business district during the following
effective times:
      (1)   Monday through Sunday from 7:00 a.m. until 6:00 p.m. only.
STREET BLOCK(S) SIDE(S) EXTENT
STREET                    BLOCK(S)   SIDE(S) EXTENT
Akard Street              500-700 S. Both    Young Street to Canton Street
Ervay Street              500-700 S. Both    Young Street to Canton Street
Ervay Street Service Road 500-700 S. Both    Young Street to Canton Street
Evergreen Street          500        Both    Young Street to Marilla Street
Field Street              400 S.     Both    Wood Street to Young Street
Griffin Street            400-600 S. Both    Wood Street to Ceremonial Drive
Lamar Street              300-600 S. Both    Jackson Street to Ceremonial Drive
Marilla Street            1300-1800  Both    Field Street to Park Avenue
Park Avenue               400 S.     Both    Wood Street to Young Street
Ross Avenue               900-2300   Both    Lamar Street to Leonard Street
St. Paul Street           400 S.     Both    Wood Street to Young Street
Young Street              500-1700   Both    Houston Street to St. Paul Street
 
      (2)   Monday through Sunday from 7:00 a.m. until 12 midnight only.
 
STREET         BLOCK(S)     SIDE(S) EXTENT
Houston Street 300-2000 N.  Both    Pacific Avenue to McKinney Avenue
Lamar Street   2100 N.      Both    McKinney Avenue to Broom Street
Laws Street    1700-2000 N. Both    Ross Avenue to McKinney Avenue
 
   (f)   Fifty cents an hour zones. A person shall pay an hourly rate of 50
cents on Monday through Sunday, from 7:00 a.m. until 12 midnight only, for the
use of a metered parking space upon the following streets or portions of
streets within the central business district:
 
STREET          BLOCK(S)  SIDE(S) EXTENT
Commerce Street 2200-2400 Both    Central Expressway to Julius Schepps Freeway
Elm Street      2200      Both    Pearl Expressway to Central Expressway
Main Street     2200      Both    Central Expressway to Julius Schepps Freeway
 
   (g)   Thirty cents an hour zones. A person shall pay an hourly rate of 30
cents for the use of a metered parking space upon the following streets or
portions of streets within the central business district during the following
effective times:
      (1)   Monday through Sunday from 7:00 a.m. until 6:00 p.m. only.
STREET BLOCK(S) SIDE(S) EXTENT
STREET                   BLOCK(S)     SIDE(S) EXTENT
                                              Ross Avenue to the Woodall
Akard Street             1700-1900 N. Both    Rodgers Freeway south service
                                              road
Flora Street             2000         Both    Harwood Street to Olive Street
Harwood Street           400 S.       Both    Wood Street to Young Street
                                              Ross Avenue to the Woodall
Harwood Street           1700-1900 N. Both    Rodgers Freeway south service
                                              road
Munger Avenue            1800         Both    Akard Street to St. Paul
                                              Street
Munger Avenue            2000         Both    Harwood Street to Olive Street
                                              Ross Avenue to the Woodall
Olive Street             1700-1900 N. Both    Rodgers Freeway south service
                                              road
Park Avenue              500 S.       Both    Young Street to Marilla Street
Pearl Expressway         200 S.       Both    Wood Street to Commerce Street
St. Paul Street          500-700 S.   Both    Young Street to Canton Street
                                              Ross Avenue to the Woodall
St. Paul Street          1700-1900 N. Both    Rodgers Freeway south service
                                              road
Woodall Rodgers Freeway  1800-2000    Both    Akard Street to Olive Street
(South Service Road)
Wood Street              2000         Both    Harwood Street to Pearl
                                              Expressway
 
      (2)   Monday through Sunday from 7:00 a.m. until 12 midnight only.
 
STREET           BLOCK(S)       SIDE(S) EXTENT
Pacific Avenue   2000           Both    Harwood Street to Olive Street
Pearl Expressway 100 S.- 400 N. Both    Commerce Street to N. Central
                                        Expressway
 
   (h)   Twenty-five cents an hour zones. A person shall pay an hourly rate of
25 cents for the use of a metered parking space upon the following streets or
portions of streets within the central business district during the following
effective times:
      (1)   Monday through Sunday from 7:00 a.m. until 6:00 p.m. only.
STREET BLOCK(S) SIDE(S) EXTENT
STREET                   BLOCK(S)     SIDE(S) EXTENT
Corbin Street            1100-1200    Both    Griffin Street to Magnolia
                                              Street
Flora Street             2400-2700    Both    Leonard Street to N. Central
                                              Expressway
Griffin Street           1700-2000 N. Both    Ross Avenue to McKinney Avenue
Hawkins Street           1000-1200 N. Both    San Jacinto Street to Ross
                                              Avenue
Jackson Street           2100         Both    Pearl Expressway to Central
                                              Expressway
Leonard Street           600-1100 N.  Both    Bryan Street to Ross Avenue
Magnolia Street          1900-2000 N. Both    Corbin Street to McKinney
                                              Avenue
Munger Avenue            1100-1700    Both    Griffin Street to Akard Street
San Jacinto Street       2400-2700 N. Both    Leonard Street to N. Central
                                              Expressway
Woodall Rodgers Freeway  1400-1700    Both    Field Street to Akard Street
(South Service Road)
 
      (2)   Monday through Sunday from 7:00 a.m. until 12 midnight only.
 
STREET          BLOCK(S)  SIDE(S) EXTENT
Corbin Street   900-1000  Both    Laws Street to Griffin Street
McKinney Avenue 1000-1300 Both    Laws Street to Field Street
Munger Avenue   900-1000  Both    Laws Street to Griffin Street
Pacific Avenue  2100-2300 Both    Olive Street to Julius Schepps Freeway
 
   (i)   Twenty cents an hour zones. A person shall pay an hourly rate of 20
cents for the use of a metered parking space upon the following streets or
portions of streets within the central business district during the following
effective times:
      (1)   Monday through Sunday from 7:00 a.m. until 6:00 p.m. only.
STREET BLOCK(S) SIDE(S) EXTENT
STREET                   BLOCK(S)     SIDE(S) EXTENT
Crockett Street          300 N.       Both    Pacific Avenue to Pearl
                                              Expressway
                                              Ross Avenue to the Woodall
Crockett Street          1700-1900 N. Both    Rodgers Freeway south service
                                              road
Fairmount Street         700-1000 N.  Both    Federal Street to San Jacinto
                                              Street
Federal Street           2400         Both    Leonard Street to Hawkins
                                              Street
                                              Ross Avenue to the Woodall
Field Street             1700-2000 N. Both    Rodgers Freeway south service
                                              road
Flora Street             2100-2300    Both    Olive Street to Leonard Street
Freeman Street           1700-1800 N. Both    Ross Avenue to Munger Avenue
Harwood Street           500 S.       Both    Young Street to Canton Street
Hord Street              1000-1100 N. Both    Laws Street to Griffin Street
Munger Avenue            2200         Both    Pearl Street to Crockett
                                              Street
                                              Ross Avenue to the Woodall
Pearl Street             1700-1900 N. Both    Rodgers Freeway south service
                                              road
Ross Avenue              2400-2700    Both    Leonard Street to N. Central
                                              Expressway
Routh Street             600-1600     Both    N. Central Expressway to Ross
                                              Avenue
Woodall Rodgers Freeway  2100-2300    Both    Olive Street to Leonard Street
(South Service Road)
 
      (2)   Monday through Sunday from 7:00 a.m. until 12 midnight only.
 
STREET          BLOCK(S)  SIDE(S) EXTENT
Elm Street      2300      Both    Central Expressway to Julius Schepps Freeway
Live Oak Street 2200-2300 Both    Pearl Expressway to N. Central Expressway
 
   (j)   Fifteen cents an hour zones – streets. A person shall pay an hourly
rate of 15 cents for the use of a metered parking space upon the following
streets or portions of streets within the central business district during the
following effective times:
      (1)   Monday through Sunday from 7:00 a.m. until 6:00 p.m. only.
STREET BLOCK(S) SIDE(S) EXTENT
STREET             BLOCK(S)    SIDE(S) EXTENT
Akard Street       800 S.      Both    Canton Street to Cadiz Street
Browder Street     800-900 S.  Both    Canton Street to Corsicana Street
Cadiz Street       1400-2200   Both    Akard Street to 300 feet east of S.
                                       Central Expressway
Canton Street      1400-2100   Both    Akard Street to Central Expressway
Central Expressway 200-1200 S. Both    Commerce Street to R. L. Thornton
                                       Freeway
Corsicana Street   1500-1800   Both    Browder Street to Park Avenue
Ervay Street       800-1000 S. Both    Canton Street to R. L. Thornton Freeway
Harwood Street     900-1200    Both    Cadiz Street to R. L. Thornton Freeway
Lamar Street       700 S.      Both    Ceremonial Drive to Memorial Drive
Marilla Street     1900        Both    Park Avenue to Harwood Street
Park Avenue        800 S.      Both    Canton Street to Cadiz Street
Pearl Expressway   300-1200 S. Both    Jackson Street to R. L. Thornton Freeway
Young Street       1800-2100   Both    St. Paul Street to Central Avenue
 
      (2)   Monday through Sunday from 7:00 a.m. until 12 midnight only.
 
STREET             BLOCK(S)      SIDE(S) EXTENT
Central Expressway 100 S.-200 N. Both    Commerce Street to Pacific Avenue
 
   (k)   Fifteen cents an hour zones - parking lots. A person shall pay an
hourly rate of 15 cents on Monday through Sunday, 24 hours a day, for the use
of a metered parking space upon the following areas within the central business
district:
PARKING LOT BOUNDARIES
PARKING LOT             BOUNDARIES
                        Woodall Rodgers Freeway north service road
Central Expressway      Central Expressway east service road
                        Julius Schepps Freeway
                        Central Expressway west service road
                        Central Expressway
Julius Schepps Freeway  Julius Schepps Freeway east service road
                        R.L. Thornton Freeway
                        Julius Schepps Freeway west service road
                        Woodall Rodgers Freeway north service road
Woodall Rodgers Freeway Central Expressway east service road
                        Woodall Rodgers Freeway south service road
                        Fairmount Street
 
   (l)   Ten cents an hour zones. A person shall pay an hourly rate of 10 cents
on Monday through Sunday, from 7:00 a.m. until 6:00 p.m. only, for the use of a
metered parking space upon the following streets or portions of streets within
the central business district:
 
STREET         BLOCK(S) SIDE(S) EXTENT
Harwood Street 600 S.   Both    Canton Street to Cadiz Street
 
   (m)   Five cents an hour zones. A person shall pay an hourly rate of five
cents on Monday through Sunday, from 7:00 a.m. until 6:00 p.m. only, for the
use of a metered parking space upon the following streets or portions of
streets within the central business district:
STREET BLOCK(S) SIDE(S) EXTENT
STREET                   BLOCK(S)     SIDE(S) EXTENT
Akard Street             900 S.       Both    Cadiz Street to R.L. Thornton
                                              Freeway
Austin Street            600-700 S.   Both    Ceremonial Drive to Memorial
                                              Drive
Boll Street              1200-1700 N. Both    San Jacinto Street to Flora
                                              Street
Canton Street            2200-2400    Both    Central Expressway to Julius
                                              Schepps Freeway
                                              Ross Avenue to the Woodall
Fairmount Street         1700-1900 N. Both    Rodgers Freeway south service
                                              road
Good-Latimer Expressway  500-800 S.   Both    Cadiz Street to R.L. Thornton
                                              Freeway
Hawkins Street           400 S.       Both    Young Street to Canton Street
                                              Ross Avenue to the Woodall
Leonard Street           1700-1900    Both    Rodgers Freeway south service
                                              road
Munger Street            2400         Both    Leonard Street to Fairmount
                                              Street
Park Avenue              900-1000 S.  Both    Cadiz Street to St. Louis
                                              Street
                                              Ross Avenue to the Woodall
Routh Street             1700-1900 N. Both    Rodgers Freeway south service
                                              road
St. Louis Street         1800-2100    Both    St. Paul Street to Central
                                              Expressway
St. Paul Street          800-1000 S.  Both    Canton Street to St. Louis
                                              Street
Taylor Street            2000-2100    Both    Harwood Street to S. Central
                                              Expressway
Woodall Rodgers Freeway  2400-2800 N. Both    Leonard Street to Central
(South Service Road)                          Expressway
Young Street             2200-2300    Both    Central Expressway to Julius
                                              Schepps Freeway
 
   (n)   Split hourly rate zones – parking lots – Klyde Warren Park. A person
shall pay an hourly rate of $1.50 from 7:00 a.m. until 9:00 a.m. on Monday
through Friday, $2.00 from 9:00 a.m. until 6:00 p.m. on Monday through Friday,
$2.50 from 6:00 p.m. until 12 midnight on Monday through Friday, $2.00 from 7:
00 a.m. until 12 midnight on Saturday and Sunday, and no charge from 12
midnight until 7:00 a.m. on Monday through Sunday, for the use of a parking
space upon the following area within the central business district:
 
PARKING LOT       BOUNDARIES
Klyde Warren Park St. Paul Street
                  Woodall Rodgers Freeway eastbound service road
                  Pearl Street
                  Woodall Rodgers Freeway westbound service road
 
   (o)   Split hourly rate zones – parking lots – West End Lot No. 2. A person
shall pay an hourly rate of 75 cents from 7:00 a.m. until 5:00 p.m. on Monday
through Friday, $1.25 from 7:00 a.m. until 5:00 p.m. on Saturday and Sunday,
$1.25 from 5:00 p.m. until 12 midnight on Monday through Sunday, and no charge
from 12 midnight until 5:00 a.m. on Monday through Sunday, for the use of a
parking space upon the following areas within the central business district:
 
PARKING LOT        BOUNDARIES
West End Lot No. 2 Woodall Rodgers Freeway north service road
                   Record Street
                   Woodall Rodgers Freeway south service road
                   Laws Street
 
   (p)   Split daily rate zones - parking lots. A person shall pay a daily rate
of two dollars from 5:00 a.m. until 5:00 p.m. on Monday through Friday, five
dollars from 5:00 a.m. until 5:00 p.m. on Saturday and Sunday, and five dollars
from 5:00 p.m. until 5:00 a.m. on Monday through Sunday, for the use of a
parking space upon the following areas within the central business district:
PARKING LOT BOUNDARIES
PARKING LOT                              BOUNDARIES
                                         Woodall Rodgers Freeway north service
                                         road
Brewery Lot                              Record Street
                                         Woodall Rodgers Freeway south service
                                         road
                                         Stemmons Freeway east service road
                                         Good-Latimer Expressway
Deep Ellum Lot No. 1                     Commerce Street
(located in Interstate 345 right-of-way) Henry Street
                                         Canton Street
                                         Main Street
Deep Ellum Lot No. 2                     Good-Latimer Expressway
(located in Interstate 345 right-of-way) Commerce Street
                                         Julius Schepps Freeway
                                         Elm Street
Deep Ellum Lot No. 3                     Good-Latimer Expressway
(located in Interstate 345 right-of-way) Main Street
                                         Julius Schepps Freeway
                                         Woodall Rodgers Freeway north service
                                         road
West End Lot No. 1                       Field Street
                                         Woodall Rodgers Freeway south service
                                         road
                                         Laws Street
 
   (q)   Split hourly rate zones – streets. A person shall pay an hourly rate
of $1.50 from 7:00 a.m. until 9:00 a.m. on Monday through Friday, $2.00 from 9:
00 a.m. until 6:00 p.m. on Monday through Friday, $2.50 from 6:00 p.m. until 12
midnight on Monday through Friday, $2.00 from 7:00 a.m. until 12 midnight on
Saturday and Sunday, and no charge from 12 midnight until 7:00 a.m. on Monday
through Sunday, for the use of a parking space upon the following streets
within the central business district:
 
STREET                  BLOCK(S)  SIDE(S) EXTENT
Woodall Rodgers Freeway 1700-1900 South   Akard Street to Harwood Street
eastbound service road
Woodall Rodgers Freeway 1900-2100 North   St. Paul Street to Pearl Street
westbound service road
 
(Ord. Nos. 17964; 19173; 19555; 20148; 21194; 22763; 23864; 24233; 24411;
24483; 24882; 25756; 27210; 27553; 28019; 28831)
SEC. 28-114.2.   ZONES OUTSIDE THE CENTRAL BUSINESS DISTRICT.
   (a)   One dollar twenty-five cents an hour zones. A person shall pay an
hourly rate of $1.25 on Monday through Sunday, from 7:00 a.m. until 12 midnight
only, for the use of a metered parking space upon the following streets or
portions of streets outside the central business district:
STREET BLOCK(S) SIDE(S) EXTENT
STREET                BLOCK(S)     SIDE(S) EXTENT
Akard Street          2600         Both    Lyte Street to Payne Street
Alamo Street          2500         Both    Olin Welbourne Street to Field
                                           Street
All Star Way          1400         Both    Victory Avenue to Houston Street
Broom Street          900          Both    Lamar Street to Field Street
Caroline Street       2500         Both    Payne Street to Field Street
Continental Avenue    2200-2400    Both    Trinity Railway Express tracks to
                                           Ross Avenue
High Market Street    600          Both    Victory Avenue to Houston Street
Houston Street        2100-2400 N. Both    Continental Avenue to Olive Street
Houston Street        2500 N.      East    Olive Street to Payne Street
Lamar Street          2200-2600 N. Both    Broom Street to Trinity Railway
                                           Express tracks
Lyte Street           1500         Both    Houston Street to Akard Street
Museum Way            600          Both    Victory Avenue to Houston Street
Olin Welbourne Street 1600         Both    Alamo Street to Caroline Street
Olive Street          2900-3000    Both    Victory Avenue to Field Street
Payne Street          1600         Both    Houston Street to Akard Street
Valor Place           2500         Both    Olive Street to 182 feet north of
                                           Olive Street
Victory Park Lane     2200-2400    Both    High Market Street to Olive Street
 
   (b)   Sixty cents an hour zones. A person shall pay an hourly rate of 60
cents for the use of a metered parking space upon the following streets or
portions of streets outside the central business district during the following
effective times:
      (1)   Monday through Sunday from 7:00 a.m. until 6:00 p.m. only.
 
STREET                BLOCK(S)  SIDE(S) EXTENT
Belleview Street      900-1000  Both    Botham Jean Boulevard to Wall Street
Botham Jean Boulevard 1400-2000 Both    Belleview Street to Corinth Street
Lofland Street        2100      Both    Harry Hines Boulevard to Redfield
                                        Street
Redfield Street       5200      Both    Lofland Street to Butler Street
 
      (2)   Monday through Sunday from 7:00 a.m. until 12 midnight only.
 
STREET         BLOCK(S)     SIDE(S) EXTENT
Broom Street   900-1300     Both    Lamar Street to Field Street
Houston Street 2100-2400 N. Both    McKinney Avenue to Wichita Street
Lamar Street   1000-1300 S. Both    R. L. Thornton Freeway to Belleview Street
Lamar Street   2200 N.      Both    Broom Street to 257 feet north of Broom
                                    Street
Lamar Street   2300-2600 N. Both    Houston Street to Victory Street
 
   (c)   Fifty cents an hour zones. A person shall pay an hourly rate of 50
cents for the use of a metered parking space upon the following streets or
portions of streets outside the central business district during the following
effective times:
      (1)   Monday through Sunday from 7:00 a.m. until 6:00 p.m. only.
 
STREET               BLOCK(S)     SIDE(S) EXTENT
Medical Center Drive 5200-5400    Both    Motor Street to 2,784 feet north of
                                          Motor Street
Park Central Drive   11800- 11900 Both    Forest Lane to Merit Drive
 
      (2)   Monday through Sunday from 6:00 p.m. until 12 midnight only.
STREET BLOCK(S) SIDE(S) EXTENT
STREET                  BLOCK(S)   SIDE(S) EXTENT
Canton Street           2700-3000  Both    N. Good Latimer Expressway to Hall
                                           Street
Commerce Street         2600-3200  Both    N. Good Latimer Expressway to Trunk
                                           Avenue
Crowdus Street          100-200    Both    Indiana Avenue to Canton Street
Elm Street              2500-3200  Both    Hawkins Street to Trunk Avenue
Good Latimer Expressway 100        Both    Elm Street to Commerce Street
Hall Street             100-200 N. Both    Indiana Avenue to Main Street
Hall Street             100-200 S. Both    Main Street to Canton Street
Henry Street            200-300 S. Both    Commerce Street to Canton Street
Indiana Avenue          2800       Both    Crowdus Street to Malcolm X
                                           Boulevard
Main Street             2500-3200  Both    Julius Schepps Freeway to Trunk
                                           Avenue
Malcolm X Boulevard     100-200    Both    Indiana Avenue to Canton Street
Walton Street           200-400    Both    Elm Street to Junius Street
 
   (d)   Thirty cents an hour zones. A person shall pay an hourly rate of 30
cents on Monday through Sunday, from 7:00 a.m. until 12 midnight only, for the
use of a metered parking space upon all streets or portions of streets outside
the central business district except as otherwise provided in this section.
   (e)   Twenty-five cents an hour zones. A person shall pay an hourly rate of
25 cents for the use of a metered parking space upon the following streets or
portions of streets outside the central business district during the following
effective times:
      (1)   Monday through Sunday from 7:00 a.m. until 6:00 p.m. only.
STREET BLOCK(S) SIDE(S) EXTENT
STREET            BLOCK(S)     SIDE(S) EXTENT
Bookhout Street   2600-3000    Both    Yeargan Street to Ivan Street
Crutcher Street   3300-3500    Both    Hall Street to Pauline Street
Harwood Street    2100-3100 N. Both    Woodall Rodgers Freeway south service
                                       road to 500 feet north of Ivan Street
Hill Street       300-800      Both    Elm Street to Gaston Avenue
Junius Street     2900-3000    Both    Oakland Street to Walton Street
McKinney Avenue   1600-2200    Both    Woodall Rodgers Freeway south service
                                       road to Pearl Street
Olive Street      2100-2400    Both    Woodall Rodgers Freeway south service
                                       road to Cedar Springs Road
Pearl Street      2900-3000 N. Both    Randall Street to Yeargan Street
St. Paul Street   2100-2200 N. Both    Woodall Rodgers Freeway north service
                                       road to Cedar Springs Road
Swiss Avenue      3000-3200    Both    Oak Street to Gordon Street
Washington Street 300-500      Both    Elm Street to Worth Street
Worth Street      3900-4000    Both    Washington Avenue to Haskell Avenue
 
      (2)   Monday through Sunday from 7:00 a.m. until 12 midnight only.
STREET BLOCK(S) SIDE(S) EXTENT
STREET             BLOCK(S)     SIDE(S) EXTENT
Akard Street       2100-2400 N. Both    Woodall Rodgers Freeway to Ashland
                                        Street
Alamo Street       2100-2200 N. Both    Woodall Rodgers Freeway to Cedar
                                        Springs Road
Ashland Street     1500-1600    Both    Field Street to Akard Street
Caroline Street    2200-2400 N. Both    McKinney Avenue to Wichita Street
Cedar Springs Road 1500-1800    Both    Field Street to Akard Street
Floyd Street       3000-3200    Both    Oak Street to Hall Street
Hall Street        200 N.       Both    Elm Street to Indiana Boulevard
Walton Street      200-400      Both    Elm Street to Hall Street
 
      (3)   Monday through Sunday from 10:00 a.m. until 4:00 p.m. only.
STREET BLOCK(S) SIDE(S) EXTENT
STREET              BLOCK(S)        SIDE(S) EXTENT
Adams Street        200-300 S.      Both    Sunset Avenue to Centre Street
Ashland Street      1700-1900       Both    Alamo Street to Cedar Springs Road
Beckley Avenue      100-200 S.      Both    Sunset Avenue to Centre Street
Bishop Avenue       200-300         Both    Sunset Avenue to Centre Street
Jefferson Boulevard 100 E.- 1000 W. Both    Storey Street to Polk Street
Madison Avenue      100 N.- 300 S.  Both    Ninth Street to Centre Street
Polk Street         200-300 S.      Both    Sunset Avenue to Centre Street
Tyler Street        200-300 S.      Both    Sunset Avenue to Centre Street
Zang Boulevard      200-300 S.      Both    Sunset Avenue to Centre Street
 
   (f)   Twenty cents an hour zones. A person shall pay an hourly rate of 20
cents for the use of a metered parking space upon the following streets or
portions of streets outside the central business district during the following
effective times:
      (1)   Monday through Sunday from 7:00 a.m. until 6:00 p.m. only.
 
STREET               BLOCK(S)  SIDE(S) EXTENT
Floyd Street         3900-4000 Both    St. Joseph Street to Haskell Street(S)
Medical Center Drive 5500-5600 Both    Inwood Road to 1,145 feet south of
                                       Inwood Road
Nussbaumer Street    3000-3200 Both    Oak Street to Hall Street
Swiss Avenue         3300-3600 Both    Hall Street to Gordon Street
Swiss Circle         3300      Both    Hall Street to Swiss Avenue
Worth Street         3100-3200 Both    Walton Street to Hall Street
 
      (2)   Monday through Sunday from 10:00 a.m. until 4:00 p.m. only.
 
STREET         BLOCK(S)   SIDE(S) EXTENT
Patton Avenue  100-200 S. Both    Tenth Street to Twelfth Street
Storey Street  100-200 S. Both    Tenth Street to Twelfth Street
Twelfth Street 300-400 E. Both    Storey Street to Patton Avenue
 
   (g)   Ten cents an hour zones. A person shall pay an hourly rate of 10 cents
for the use of a metered parking space upon the following streets or portions
of streets outside the central business district during the following effective
times:
      (1)   Monday through Sunday from 7:00 a.m. until 6:00 p.m. only.
STREET BLOCK(S) SIDE(S) EXTENT
STREET             BLOCK(S)     SIDE(S) EXTENT
Bird Street        4000         Both    Hill Street to Haskell Street
Central Expressway 2200-2400 N. Both    Hawkins Street to Gaston Street
Crutcher Street    3800-4000    Both    Washington Street to Haskell Street
Floyd Street       3300-3500    Both    Hall Street to Kirk Alley
Hall Street        300 N.       Both    Indiana Boulevard to Crutcher Street
Hawkins Street     300-700 N.   Both    Gaston Avenue to Live Oak Street
Junius Street      4000         Both    Hill Street to Haskell Street
Oakland Avenue     600-900      Both    Worth Street to Gaston Avenue
Oak Street         700-1100     Both    Junius Street to Swiss Avenue
St. Joseph Street  1000         Both    Swiss Avenue to Floyd Street
Simpson Street     3800-4000    Both    Washington Street to Haskell Avenue
Swiss Avenue       2400-2500    Both    Florence Street to N. Good- Latimer
                                        Expressway
 
      (2)   Monday through Sunday from 7:00 a.m. until 12 midnight only.
 
STREET         BLOCK(S) SIDE(S) EXTENT
Indiana Avenue 3000     Both    Walton Street to Hall Street
 
      (3)   Monday through Sunday from 10:00 a.m. until 4:00 p.m. only.
 
STREET           BLOCK(S)   SIDE(S) EXTENT
Lancaster Avenue 100 N.     Both    Ninth Street to Tenth Street
Llewellyn Avenue 200-300 S. Both    Sunset Avenue to Centre Street
 
   (h)   Five cents an hour zones. A person shall pay an hourly rate of five
cents for the use of a metered parking space upon the following streets or
portions of streets outside the central business district during the following
effective times:
      (1)   Monday through Sunday from 7:00 a.m. until 6:00 p.m. only.
 
STREET            BLOCK(S)  SIDE(S) EXTENT
Akard Street      2400 N.   Both    Ashland Street to Harwood Street
Bryan Street      4100-4300 Both    Haskell Avenue to Burlew Street
Nussbaumer Street 2900      Both    Oakland Street to Oak Street
Peak Street       1300-1400 Both    Gaston Avenue to Scurry Street
 
      (2)   Monday through Sunday from 7:00 a.m. until 12 midnight only.
 
STREET          BLOCK(S) SIDE(S) EXTENT
McKinney Avenue 1700 N.  Both    Akard Street to the Woodall Rodgers Freeway
                                 north service road
 
   (i)   Split hourly rate zones. A person shall pay an hourly rate of one
dollar from 7:00 a.m. until 5:00 p.m., two dollars from 5:00 p.m. until 12
midnight, and no charge from 12 midnight until 7:00 a.m. on Monday through
Sunday, for the use of a metered parking space upon the following streets or
portions of streets outside the central business district:
 
STREET         BLOCK(S)  SIDE(S) EXTENT
Houston Street 2500 N.   West    Olive Street to All Star Way
Victory Avenue 2200-2700 Both    Continental Avenue to Trinity Railway Express
                                 tracks
 
(Ord. Nos. 17964; 19173; 21194; 24411; 24483; 24882; 25756; 27210; 27553;
28792; 32488)
SECS. 28-114.3 THRU 28-114.10.   RESERVED.
   (Repealed by Ord. Nos. 19173; 27210)
SEC. 28-114.11.   CENTRAL BUSINESS DISTRICT.
   For purposes of this division, the central business district is defined as
that area bounded by Woodall Rodgers Freeway on the north, Julius Schepps
Freeway on the east, R. L. Thornton Freeway on the south, and Stemmons Freeway
on the west. (Ord. Nos. 17964; 27210)
SEC. 28-114.12.   PARKING METER HOODING AND TEMPORARY REMOVAL FEES; EXCEPTIONS.
   (a)   A person requiring the hooding or removal of a parking meter shall pay
to the director of transportation a daily charge, excluding official parking
meter holidays, of 70 percent of the maximum hourly capacity of each meter
hooded times the prevailing rate on the meter.
   (b)   In addition to the fee required in Subsection (a), a person requiring
the hooding of a parking meter shall pay a labor charge of $55, plus one dollar
for each meter hooded.
   (c)   In addition to the fee required in Subsection (a), a person requiring
the temporary removal of a parking meter shall pay a labor charge of $75 for
each meter removed. A person requiring temporary removal of a parking meter
shall also pay the costs of labor and materials incurred in reinstalling the
meter after temporary removal. The minimum reinstallation charge is $104 per
meter.
   (d)   This section does not apply to:
      (1)   a utility company engaged in construction or repair activities for
any city, county, state, or federal agency;
      (2)   a contractor performing work under a city, county, state, or
federal contract; or
      (3)   any city, county, state, or federal agency requiring the hooding or
temporary removal of a parking meter in the performance of its governmental
functions.
   (e)   The fees required by Subsection (a) of this section will not be
assessed against a person requiring the hooding or temporary removal of parking
meters to reconstruct, repair, or replace an existing street, sidewalk, curb,
or other city infrastructure in the public right-of-way if:
      (1)   the reconstruction, repair, or replacement of the infrastructure is
performed in compliance with all applicable city ordinances and state and
federal laws; and
      (2)   the infrastructure is, in the opinion of the city, restored to
better than its former condition.
   (f)   Fees will only be waived under Subsection (e) for the period of time
reasonably necessary to complete the reconstruction, repair, or replacement of
the infrastructure, not to exceed 30 days. (Ord. Nos. 17964; 19521; 21612;
21789; 22026; 27210; 27553; 27697; 30654)
Division 5. Restricted or Prohibited in Certain Areas.
SEC. 28-115.   PARKING, STOPPING, AND STANDING VEHICLES IN PRIVATE PARKING
AREAS - AUTHORITY TO REGULATE; APPLICATION OF SECTION.
   (a)   A person commits an offense if he parks, stops or stands a vehicle in
violation of an official sign, curb marking, or street marking that prohibits,
regulates, or restricts the stopping, standing, or parking of a vehicle in a
private parking area located within a shopping center, office center,
industrial center, or medical center in the city.
   (b)   The owner or operator of a shopping center, office center, industrial
center, or medical center shall have the authority to designate by appropriate
signs and markings that have been approved by the traffic engineer:
      (1)   restrictions on the stopping, standing, and parking of vehicles;
      (2)   the areas in which the stopping, standing, or parking of vehicles
is permitted;
      (3)   times when the stopping, standing, or parking of vehicles is
prohibited to facilitate clean-up operations; and
      (4)   the areas in which freight loading is permitted.
   (c)   This section shall not apply to head-in parking from the street on
private property. (Ord. Nos. 14584; 21194)
SEC. 28-116.   PRIVATE PARKING AREAS - APPROVAL OF TIME LIMIT, PARKING BAN AND
PARKING PLAN; SECTIONS 28-115 to 28-119 NOT MANDATORY.
   (a)   No parking regulation established under Sections
28-115 through
28-119 is effective until the owner or operator of a shopping center, office
center, industrial center, or medical center submits plans for the proposed
parking restrictions, time limit, parking ban, if any, and the parking plan to
the traffic engineer for approval. Amendments to a business center parking plan
must be submitted and approved in the same manner.
   (b)   Sections
28-115 through
28-119 are not mandatory upon the owner or operator of a shopping center,
office center, industrial center, or medical center. (Ord. Nos. 14584; 21194)
SEC. 28-117.   PRIVATE PARKING AREAS - ERECTION OF SIGNS; CONTENT OF SIGNS;
MARKING OF PARKING SPACES.
   (a)   The owner or operator of a shopping center, office center, industrial
center, or medical center is authorized to erect suitable signs of uniform size
and design upon approval of the traffic engineer, which shall be placed in the
parking areas advising the public of the limits and conditions of the parking
regulations. A sign must be erected containing the following words in legible
lettering on a contrasting background:
“Parking in this area is limited to customers for the time and under the
restrictions indicated by signs, as provided by Sections
28-115 through
28-119 of the Dallas City Code.”
   (b)   The owner or operator of a shopping center, office center, industrial
center, or medical center shall mark off by painting on the parking areas the
most suitable manner in which cars may be parked. A person who parks a vehicle
on the parking lot of the shopping center, office center, industrial center, or
medical center, shall park the vehicle within the limit lines so marked. (Ord.
Nos. 14584; 21194)
SEC. 28-118.   RESERVED.
   (Repealed by Ord. 20012)
SEC. 28-119.   SAME - ENFORCEMENT.
   The owner or operator of a parking area in a shopping center, office center,
industrial center, or medical center shall designate a person to enforce the
provisions of Sections
28-115 through
28-119. The designated person must be registered as a private security officer
as provided by state law and, when approved by the director, shall have
authority to issue citations upon premises designated in the registration for
violation of parking regulations authorized by this division. (Ord. Nos. 14584;
20269)
SEC. 28-120.   PARKING ON VACANT PROPERTY IN RESIDENTIAL OR APARTMENT DISTRICTS
- ERECTION OF SIGNS.
   Owners of unimproved or vacant real estate located within a residential
district, as defined by the Zoning Ordinance, which is located adjacent to or
separated by a public street or areaway from a business district, are
authorized to post a wood or metal sign visible from the public street or
areaway, containing the words “parking prohibited”, in letters at least eight
inches high. (Ord. 14584)
SEC. 28-121.   SAME - PROHIBITED WHEN SIGNS ERECTED.
   A person commits an offense if he parks a vehicle on vacant real estate
located in a residential district, as defined by the Zoning Ordinance, when the
real estate contains a “parking prohibited” sign as provided in Section
28-120. (Ord. 14584)
Division 5A. Parking for Disabled Persons.
SEC. 28-121.1.   DEFINITIONS.
   In this division:
      (1)   DISABLED PARKING PLACARD means the placard issued by the state
under Section 681.002 of the Texas Transportation Code, as amended.
      (2)   DISABLED PERSON means a person who has a permanent or temporary
disability within the meaning of Section 681.001 of the Texas Transportation
Code, as amended, and who has applied for and received:
         (A)   a disabled person or disabled veteran license plate from the
state;
         (B)   a disabled parking placard from the state; or
         (C)   a license plate or placard bearing the international symbol of
access issued by a U.S. state or by a state or province of a foreign country.
      (3)   DISABLED PERSON LICENSE PLATE means the specially designed license
plate of a vehicle, issued by the state to a permanently disabled person under
Section 504.201 of the Texas Transportation Code, as amended.
      (4)   DISABLED VETERAN LICENSE PLATE means the specially designed license
plate of a vehicle, issued by the state to a disabled veteran under Section
504.202 of the Texas Transportation Code, as amended.
      (5)   INTERNATIONAL SYMBOL OF ACCESS has the meaning assigned in Section
681.001 of the Texas Transportation Code, as amended. (Ord. Nos. 16671; 17499;
27210)
SEC. 28-121.2.   OFFENSES.
   Violations of disabled parking regulations on public or private property are
governed by, and may be enforced pursuant to, Chapter 681, Texas Transportation
Code, as amended. (Ord. Nos. 16671; 17499; 27210)
SEC. 28-121.3.   VOLUNTARY DESIGNATION OF PARKING SPACES OR AREAS FOR DISABLED
PERSONS ON PRIVATE PROPERTY.
   (a)   A person who owns or controls property used for parking may designate
one or more parking spaces or a parking area for the exclusive use of vehicles
transporting disabled persons in accordance with Section 681.009 of the Texas
Transportation Code, as amended.
   (b)   The offenses set forth in Section 681.011 of the Texas Transportation
Code, as amended, apply to violations of disabled parking regulations occurring
in a parking space or area designated for disabled persons under Subsection (a)
of this section when the space or area is identified in conformance with the
identification standards adopted by the Texas Department of Licensing and
Regulation and described in Section 681.009(b) of the Texas Transportation
Code, as amended (which identification standards are codified in Rule Section
68.100 of the Texas Administrative Code, as amended). (Ord. Nos. 16671; 17499;
27210)
SEC. 28-121.4.   RESERVED.
   (Repealed by Ord. 27210)
SEC. 28-121.5.   REMOVAL OF UNAUTHORIZED VEHICLES.
   (a)   An unauthorized vehicle, whether on public or private property, may be
removed and stored at the expense of the owner or operator of the vehicle in
accordance with the provisions of Chapter 2308 of the Texas Occupations Code,
as amended, and this code.
   (b)   A vehicle is an unauthorized vehicle for purposes of this section if
the vehicle:
      (1)   does not display a disabled person or disabled veteran license
plate, a disabled parking placard, or a license plate or placard bearing the
international symbol of access, and the vehicle is parked, stopped, or standing
in a parking space or area designated specifically for the disabled; or
      (2)   is blocking an access ramp or any other architectural improvement
designed to aid disabled persons. (Ord. Nos. 17499; 27210)
SEC. 28-121.6.   RESERVED.
   (Repealed by Ord. Nos. 20012; 27210)
Division 5B. Residential Permit Parking Program.
SEC. 28-121.7.   PURPOSE.
   The purpose of this division is to promote the health, safety, and welfare
of the citizens of the Deep Ellum District of the city of Dallas by addressing
the problems that arise where streets are used for the parking of motor
vehicles by persons using adjacent commercial, industrial, or commuter
facilities, but who do not reside in the neighborhood. The establishment of
residential permit parking zones would reduce these problems, which include,
but are not limited to, hazardous traffic conditions, air and noise pollution,
and inability of residents of the Deep Ellum District to obtain easy access to
and adequate parking near their residences. (Ord. 21598)
SEC. 28-121.8.   DEFINITIONS.
   (1)   DEEP ELLUM DISTRICT means the Deep Ellum/Near East Side District of
the city of Dallas, the boundaries of which are described in City of Dallas
Ordinance No. 19532, as amended.
   (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)   RESIDENTIAL PERMIT PARKING ZONE means any designated on-street space
within the Deep Ellum District where only resident motor vehicles displaying a
valid permit may stop, stand, or park.
   (4)   PERMIT means a residential parking permit issued by the director under
this division. (Ord. 21598)
SEC. 28-121.9.   DESIGNATION OF RESIDENTIAL PERMIT PARKING ZONES.
   The director may, from time to time, designate a number of residential
permit parking zones within the Deep Ellum District as the director determines
necessary to provide for the parking needs of the residents of that district.
The director shall conspicuously post signs within each zone indicating the
times and conditions for which parking is by permit only. A residential permit
parking zone becomes effective five working days after signs are in place in
the zone, during which time, courtesy notices will be given to all motor
vehicles parking in the zone. (Ord. 21598)
SEC. 28-121.10.   RESIDENTIAL PARKING PERMIT.
   (a)   The director shall, upon application and payment of the permit fee,
issue a residential parking permit to any person who is eligible for the
permit. A person is eligible for a residential parking permit if the person:
      (1)   owns a motor vehicle;
      (2)   resides within the Deep Ellum District; and
      (3)   has no unresolved parking citations issued by the city.
   (b)   The application for a permit must contain:
      (1)   the name, home address, and Texas driver’s license number of the
owner of the motor vehicle to be parked in a residential permit parking zone;
      (2)   the make, model, registration, and license plate numbers of the
motor vehicle to be parked in a residential permit parking zone; and
      (3)   any other information the director determines necessary to the
enforcement and administration of this division.
   (c)   To prove residency and to verify the contents of the application, the
applicant shall present at the time of application:
      (1)   a valid Texas motor vehicle registration for the motor vehicle to
be parked in a residential permit parking zone, showing the applicant’s current
home address;
      (2)   a valid Texas driver’s license of the applicant, showing the
applicant’s current home address;
      (3)   a residential utility bill acceptable to the director, showing the
applicant’s current home address; and
      (4)   proof of automobile liability insurance in at least the minimum
amount required by the Texas Safety Responsibility Act.
   (d)   The annual fee for a residential parking permit is:
      (1)   $25 for the first permit issued for a motor vehicle in a household;
and
      (2)   $50 for each additional permit issued for a motor vehicle in a
household.
   (e)   When a motor vehicle is parked in a residential permit parking zone,
the permit must be conspicuously displayed in a manner and location approved by
the director.
   (f)   A permit authorizes the holder to stop, stand, or park a motor vehicle
at any time in a residential permit parking zone, unless such stopping,
standing, or parking is prohibited or restricted by regulations other than
those established under this division.
   (g)   A permit is not transferable from one vehicle to another.
   (h)   A permit expires one year from the date of issuance and may be renewed
by applying in accordance with this section.
   (i)   A lost or stolen permit may be replaced for a $15 fee. The permit
holder must submit a signed affidavit stating that the permit was lost or
stolen and not transferred to another vehicle. (Ord. 21598)
SEC. 28-121.11.   OFFENSES; PERMIT REVOCATION.
   (a)   A person commits an offense if he:
      (1)   stops, stands, or parks a motor vehicle in a residential permit
parking zone without displaying a valid permit on the vehicle as required by
this division;
      (2)   displays a permit on a motor vehicle other than the one for which
the permit was issued; or
      (3)   falsely represents himself as being eligible for a residential
parking permit, submits false documents, or otherwise makes a false statement
of a material fact on an application for a permit.
   (b)   The director may revoke the residential parking permit of any person
who:
      (1)   violates Subsection (a) of this section;
      (2)   has an unresolved parking citation issued by the city; or
      (3)   stops, stands, or parks a motor vehicle in a residential permit
parking zone without:
         (A)   a valid Texas license plate;
         (B)   a valid inspection sticker; or
         (C)   automobile liability insurance coverage in at least the minimum
amounts required by the Texas Safety Responsibility Act.
   (c)   The city council may, at any time, unconditionally revoke a
residential parking permit issued under this division. (Ord. 21598)
Division 5C. Resident-parking-only Program.
SEC. 28-121.12.   PURPOSE.
   The purpose of this division is to promote the health, safety, and welfare
of the citizens of certain neighborhoods in the city of Dallas by addressing
the problems that arise when residential streets are used for the parking of
motor vehicles by persons using adjacent nonresidential parking generators, but
who do not reside in the neighborhood. The establishment of resident-parking-
only zones would reduce these problems, which include, but are not limited to,
hazardous traffic conditions, air and noise pollution, litter, and inability of
residents of these neighborhoods to obtain easy access to and adequate parking
near their residences. (Ord. 23863)
SEC. 28-121.13.   GENERAL AUTHORITY AND DUTY OF DIRECTOR.
   The director shall implement and enforce this division and may by written
order establish such rules or regulations, not inconsistent with this division,
as the director determines are necessary to discharge any duty under or to
effect the policy of this division. (Ord. 23863)
SEC. 28-121.14.   DEFINITIONS.
   In this division:
      (1)   AVAILABLE PARKING SPACE means the total number of spaces determined
by the director to be available for on-street parking by motor vehicles in a
resident-parking-only zone or proposed resident- parking-only zone.
      (2)   BUSINESS ESTABLISHMENT means a building that contains one or more
uses other than a single-family or duplex use. The term includes, but is not
limited to, a building that contains apartments, condominiums, or businesses.
      (3)   DIRECTOR means the director of the department designated by the
city manager to enforce and administer this division, or the director’s
authorized representative.
      (4)   DUPLEX USE has the meaning given that term in Section
51A-4.209 of the Dallas Development Code.
      (5)   NONRESIDENTIAL PARKING GENERATOR means any facility, other than a
structure used for a single-family or duplex use, that generates more parking
needs than the facility can fully accommodate. The term includes, but is not
limited to, a commercial, industrial, institutional, or commuter facility, such
as a restaurant, a bar, a store, an industrial plant, a church, a school, a
hospital, a medical facility, a day care facility, or a transit facility.
      (6)   PERMIT means a resident-parking-only permit issued by the director
under this division.
      (7)   RESIDENCE means each dwelling unit of a single-family or duplex
use.
      (8)   RESIDENTIAL STREET means any street or portion of a street abutting
a lot limited to a single- family or duplex use.
      (9)   RESIDENT-PARKING-ONLY ZONE means one or more blocks of a
residential street, designated by the director under this division, upon which
on-street stopping, standing, or parking is limited to resident motor vehicles
properly displaying a valid permit.
      (10)   SINGLE-FAMILY USE has the meaning given that term in Section
51A-4.209 of the Dallas Development Code. (Ord. 23863)
SEC. 28-121.15.   DESIGNATION OF RESIDENT- PARKING-ONLY ZONES; ELIMINATION OR
MODIFICATION OF ZONES.
   (a)   The director may designate a number of resident-parking-only zones on
residential streets within the city as the director determines necessary to
provide for the parking needs of the residents of that zone, if all of the
following requirements are met:
      (1)   A petition for designation of a resident- parking-only zone must be
filed, on a form provided by the director, by owners or occupants of residences
and any business establishments located within the proposed zone. The petition
must be signed by owners or occupants of two-thirds of the residences and any
business establishments abutting the side or sides of the street block or
blocks for which the zone is requested. Only one signature per residence or
business establishment is allowed on the petition.
      (2)   Only complete blocks of a residential street may be designated as a
resident-parking-only zone. A resident-parking-only zone may be designated on
one or both sides of a street. If a zone is designated on both sides of a
street, the days, times, conditions, and signage of the zone must be the same
on both sides. Each street block or side of a block designated as a resident-
parking-only zone must abut two or more lots limited to a single-family or
duplex use, and the majority of the lots abutted by each street block or side
of a block designated as a resident-parking-only zone must be limited to a
single-family or duplex use.
      (3)   Upon receipt of a petition and a nonrefundable $50 application fee,
the director shall conduct a parking study at the location requested in the
petition. The results of the study must indicate that, during the days and
times proposed for the resident- parking-only zone, more than 60 percent of the
available parking space is in use and 20 percent or more of the vehicles using
the parking space are not owned or operated by owners or occupants of
residences or business establishments within the area requested to be
designated as a resident-parking-only zone.
      (4)   The proposed resident-parking-only zone may not eliminate ingress
to or egress from any residence or business establishment located within the
zone.
      (5)   Before a resident-parking-only zone may become effective, the
applicants must pay to the director a $42 charge for each resident-parking-only
sign required to be installed in accordance with rules and regulations
promulgated by the director.
   (b)   After the application for a resident-parking- only zone is approved,
the director shall conspicuously post signs within each zone indicating the
days, times, and conditions for which parking is by permit only. A resident-
parking-only zone becomes effective five working days after signs are in place
in the zone. Courtesy notices will be given to all motor vehicles parking in
the zone during the five working days before the zone becomes effective.
   (c)   The director may eliminate or modify a resident-parking-only zone or
part of a resident- parking-only zone if all of the following requirements are
met:
      (1)   A petition for the elimination or modification of a resident-
parking-only zone or a part of a resident-parking-only zone must be filed, on a
form provided by the director, by owners or occupants of residences and any
business establishments located within the zone or part of the zone. The
petition must be signed by owners or occupants of two-thirds of the residences
and any business establishments abutting the side or sides of the street block
or blocks for which elimination or modification of the zone is requested. Only
one signature per residence or business establishment is allowed on the
petition.
      (2)   Only complete blocks of a residential street may be included in an
elimination or modification of a resident-parking-only zone. A resident-
parking-only zone may be eliminated on one or both sides of a residential
street, but, if modified, must be consistent in days, times, conditions, and
signage on both sides of the street. Each street block or side of a block
designated as a modified resident- parking-only zone must abut two or more lots
limited to a single-family or duplex use, and the majority of the lots abutted
by each street block or side of a block designated as a modified resident-
parking-only zone must be limited to a single-family or duplex use.
      (3)   Upon receipt of a petition to modify a resident-parking-only zone
and a nonrefundable $50 application fee, the director shall conduct a parking
study at the location requested in the petition. The results of the study must
indicate that, during the days and times proposed for the modified resident-
parking- only zone, more than 60 percent of the available parking space is in
use and 20 percent or more of the vehicles using the parking space are not
owned or operated by owners or occupants of residences or business
establishments located within the resident- parking-only zone for which
modification is requested.
      (4)   The proposed modified resident- parking-only zone may not eliminate
ingress to or egress from any residence or business establishment located
within the modified zone.
      (5)   The applicants must pay the following fees to the director before a
resident-parking-only zone may be eliminated or modified:
         (A)   a $10 charge for each resident- parking-only sign required to be
removed;
         (B)   a $25 charge for each resident- parking-only sign required to be
changed to include modified information; and
         (C)   a $42 charge for each new installation of a resident-parking-
only sign.
   (d)   The city council may, at any time, unconditionally eliminate or modify
a resident- parking-only zone designated under this division. (Ord. 23863)
SEC. 28-121.16.   RESIDENT-PARKING-ONLY PERMIT.
   (a)   The director shall, upon application and payment of all applicable
permit fees, issue resident- parking-only permits, up to a maximum of six
permits per residence or business establishment, to any person who is eligible
for a permit. An applicant is eligible for a resident-parking-only permit if:
      (1)   the applicant owns or occupies a residence or business
establishment located within the resident-parking-only zone; and
      (2)   the applicant and every other person owning or occupying the same
residence or business establishment as the applicant:
         (A)   has no unresolved parking citations issued by the city;
         (B)   has no outstanding fines or warrants for a violation of this
division; and
         (C)   complies with all other requirements of this division.
   (b)   The application for a permit must contain:
      (1)   the applicant’s name and an identifying number from the applicant’s
Texas driver’s license, military identification card, passport, or personal
identification card issued by the Texas Department of Public Safety;
      (2)   the name of every person 15 years of age or older who owns or
occupies the same residence or business establishment as the applicant and, if
applicable, an identifying number from that person’s Texas driver’s license,
military identification card, passport, or personal identification card issued
by the Texas Department of Public Safety;
      (3)   the address of the applicant’s residence or business establishment
located within the resident- parking-only zone;
      (4)   a statement that neither the applicant nor any other person owning
or occupying the same residence or business establishment as the applicant has
any unresolved parking citations issued by the city or any outstanding fines or
warrants for a violation of this division; and
      (5)   any other information the director determines necessary to the
enforcement and administration of this division.
   (c)   To prove that an applicant owns or occupies a residence or business
establishment located within a resident-parking-only zone and to verify the
contents of the application, the applicant shall present at the time of
application:
      (1)   a valid Texas driver’s license, military identification card,
passport, or personal identification card issued by the Texas Department of
Public Safety, showing the applicant’s current home address; and
      (2)   a recent utility bill, acceptable to the director, that is
addressed to the applicant and shows an address of a residence or business
establishment located within the resident-parking-only zone.
   (d)   The annual fee for a resident-parking-only permit is $6 for each
permit issued to a residence or business establishment located within a
resident- parking-only zone. Each residence or business establishment located
within a zone may apply for up to six permits.
   (e)   When a motor vehicle is parked in a resident- parking-only zone, a
permit must be conspicuously displayed in a manner and location approved by the
director. A permit may only be displayed on a motor vehicle that is either
owned or leased by an owner or occupant of the residence or business
establishment to which the permit is issued or owned or leased by a visitor to
the residence or business establishment to which the permit is issued.
   (f)   A permit authorizes the holder to stop, stand, or park a motor vehicle
at any time in a resident- parking-only zone, unless such stopping, standing,
or parking is prohibited or restricted by regulations other than those
established under this division. A permit does not guarantee or reserve to the
holder a parking space within the zone and does not exempt the holder from
other applicable parking and traffic regulations.
   (g)   A permit is not transferable, except that a permit issued to a
residence or business establishment located within a resident-parking-only zone
may be displayed on a motor vehicle owned or leased by a visitor to that
particular residence or business establishment.
   (h)   A permit expires one year from the date of issuance and may be renewed
by applying in accordance with this section.
   (i)   A lost, destroyed, or stolen permit may be replaced for a $6 fee. The
permit holder must submit a signed affidavit stating that the permit was lost,
destroyed, or stolen. (Ord. 23863)
SEC. 28-121.17.   TEMPORARY PARKING PERMITS.
   (a)   A person who lawfully holds one or more resident-parking-only permits
under Section
28-121.16 may be issued additional temporary parking permits for the use of
visitors attending a party or special event at the residence or business
establishment for which the resident-parking-only permit is issued. An
application for one or more temporary parking permits must be made to the
director, on a form provided by the director, not less than 24 hours nor more
than 72 hours before the party or event is scheduled to begin.
   (b)   The fee for a temporary parking permit is $0.10 each. Each residence
or business establishment located within a zone may receive up to 50 temporary
parking permits in any calendar month.
   (c)   A temporary parking permit may only be displayed on a motor vehicle
owned or leased by a visitor to the residence or business establishment to
which the permit is issued. The temporary parking permit must be conspicuously
displayed on the vehicle in a manner and location approved by the director.
   (d)   A temporary parking permit authorizes the holder to stop, stand, or
park a motor vehicle for one day in a resident-parking-only zone, unless such
stopping, standing, or parking is prohibited or restricted by regulations other
than those established under this division. A temporary parking permit does not
guarantee or reserve to the holder a parking space within the zone and does not
exempt the holder from other applicable parking and traffic regulations.
   (e)   A temporary parking permit expires at noon on the day following the
date stamped on the permit. (Ord. 23863)
SEC. 28-121.18.   OFFENSES; PERMIT REVOCATION.
   (a)   A person commits an offense if he:
      (1)   stops, stands, or parks a motor vehicle in a resident-parking-only
zone without displaying a valid permit on the vehicle as required by this
division;
      (2)   displays or allows the display of a permit on a motor vehicle that
is not owned or leased by an owner or occupant of the residence or business
establishment to which the permit was issued; or
      (3)   falsely represents himself as being eligible for a resident-
parking-only permit, submits false documents, or otherwise makes a false
statement of a material fact on an application for a permit.
   (b)   It is a defense to prosecution under Subsection (a)(1) of this section
that the person was:
      (1)   expeditiously loading or unloading passengers or property;
      (2)   providing a maintenance, repair, delivery, or lawn service to a
residence or business establishment located within the resident-parking-only
zone;
      (3)   in the performance of official duties as a law enforcement officer,
a government employee or contractor, or a utility company employee or
contractor; or
      (4)   operating an authorized emergency vehicle in the performance of
official duties.
   (c)   It is a defense to prosecution under Subsection (a)(2) of this section
that the vehicle was owned or leased by a visitor to the residence or business
establishment to which the permit was issued.
   (d)   The director may revoke the resident- parking-only permit of any
person who:
      (1)   violates Subsection (a) of this section;
      (2)   has an unresolved parking citation issued by the city; or
      (3)   stops, stands, or parks or allows the stopping, standing, or
parking of a motor vehicle, other than one owned or leased by a visitor to the
residence or business establishment, in a resident-parking-only zone without:
         (A)   a valid Texas license plate;
         (B)   a valid inspection sticker; or
         (C)   automobile liability insurance coverage in at least the minimum
amounts required by the Texas Safety Responsibility Act.
   (e)   A person who has had a resident-parking-only permit revoked under
Subsection (d) of this section may reapply for a permit in accordance with
Section
28-121.16 of this division. The director may reinstate the permit if:
      (1)   the applicant pays all fees required by this division; and
      (2)   the director determines that the applicant and every other person
owning or occupying the same residence or business establishment as the
applicant is in compliance with all requirements of this division.
   (f)   The city council may, at any time, unconditionally revoke a resident-
parking-only permit issued under this division. (Ord. 23863)
Division 6. Dallas Convention Center Parking Facility.
SEC. 28-122.   AREA DESIGNATED.
   Any parking lot which is owned by the city and in the area bounded by Akard
Street from Young Street to Canton Street, Canton Street from Akard Street to
Griffin Street, Griffin Street from Canton Street to Young Street, and Young
Street from Griffin Street to Akard Street is designated as the “Dallas
Convention Center Parking Facility,” referred to in this division as the
“parking facility.” (Ord. Nos. 14584; 15194)
SEC. 28-123.   PURPOSE.
   The parking facility shall be used to provide parking of vehicles operated
by persons attending events at the Dallas Convention Center, by tenants renting
or leasing the facilities of the center, and by the general public. (Ord.
14584)
SEC. 28-124.   CERTAIN VEHICLES PROHIBITED FROM STOPPING, STANDING OR PARKING.
   A person commits an offense if he stops, stands, or parks a vehicle having a
gross weight in excess of 6,000 pounds, or a vehicle having an overall length
in excess of 21 feet, or any trailer in the parking lot located within the
Dallas Convention Center buildings. This section shall not apply to vehicles or
trailers brought to the Dallas Convention Center buildings for exhibition
purposes at a scheduled event or show. (Ord. 14584)
SEC. 28-125.   PARKING PROHIBITED; ERECTION OF SIGNS REGULATING SAME.
   (a)   A person commits an offense if he stops, stands, or parks a vehicle in
violation of authorized signs which have been erected prohibiting or
restricting stopping, standing or parking within the parking facility.
   (b)   The traffic engineer is authorized to erect signs prohibiting or
restricting stopping, standing or parking of vehicles within the parking
facility as may be deemed necessary to facilitate the flow of traffic. (Ord.
14584)
SEC. 28-126.   RESERVED.
   (Repealed by Ord. 20012)
SEC. 28-127.   AUTHORITY TO REMOVE ILLEGALLY PARKED VEHICLES.
   The director of convention and event services shall cause to have removed to
the city pound any vehicle stopped, standing, or parked in violation of this
division within the parking facility where signs have been erected, or any
vehicle stopped, standing, or parked within the parking facility for a period
exceeding 24 hours. The owner of the vehicle may redeem the vehicle in the same
manner as vehicles impounded under other provisions of this code. (Ord. Nos.
14584; 17226; 22026; 23694; 24053)
SEC. 28-128.   AUTHORITY TO ISSUE PARKING CITATIONS TO ILLEGALLY PARKED
VEHICLES.
   The director of convention and event services and any designated agents have
the authority to enforce the provisions of this division and issue citations
for violations of this division. (Ord. Nos. 14584; 17226; 22026; 23694; 24053)
Division 6A. Dallas City Hall Parking Garage.
SEC. 28-128.1.   AREA DESIGNATED.
   The subsurface area bounded approximately by Young Street from Akard Street
to South Ervay Street, South Ervay Street from Young Street to Marilla Street,
Marilla Street from South Ervay Street to Akard Street, Akard Street from
Marilla Street to Young Street, and all vehicle ramps and pedestrian stairways
connecting the subsurface area to ground level is designated as the “Dallas
City Hall Parking Garage,” referred to in this division as the “parking
garage.” (Ord. 14911)
SEC. 28-128.2.   PURPOSE.
   The parking garage will be used to provide parking for vehicles of city
employees and the general public, to store city vehicles, and to accommodate,
by special arrangement, persons attending the Dallas Convention Center and the
Dallas City Hall. (Ord. 14911)
SEC. 28-128.3.   CERTAIN VEHICLES PROHIBITED FROM ENTERING.
   (a)   A person commits an offense if, as the operator of a vehicle, he
enters a vehicle ramp of the parking garage and the vehicle:
      (1)   has a gross weight in excess of 6,000 pounds;
      (2)   has an overall length in excess of 21 feet;
      (3)   has an overall height in excess of six feet nine inches; or
      (4)   is attached to a trailer.
   (b)   It is a defense to prosecution under this section that the person is
making an authorized delivery at the loading dock and gained access to the
loading dock through the lower level of the Dallas Convention Center Parking
Facility. (Ord. 14911)
SEC. 28-128.4.   FAILURE TO OBEY SIGNS PROHIBITED: ERECTION OF SIGNS.
   (a)   A person commits an offense if, as the operator of a vehicle, he
stops, stands, or parks the vehicle in violation of an authorized sign which
prohibits or restricts the stopping, standing, or parking of a vehicle in the
parking garage, or he fails to obey an authorized sign which regulates the
movement of a vehicle. The law which regulates the movement of vehicles on
public streets by official traffic control devices shall apply to the movement
of vehicles in the parking garage when an authorized sign is erected regulating
vehicular movement.
   (b)   The traffic engineer is authorized to erect signs which prohibit or
restrict the stopping, standing, or parking of vehicles in the parking garage
and any other signs which may be necessary to regulate vehicular movement.
Signs are to conform to the Manual and Specifications adopted by the State
Highway Commission of the State of Texas, as set forth in Article 6701d,
Revised Civil Statutes of the State of Texas. (Ord. 14911)
SEC. 28-128.5.   RESERVED.
   (Repealed by Ord. 20012)
SEC. 28-128.6.   ILLEGALLY PARKED VEHICLES - AUTHORITY TO REMOVE AND ISSUE
PARKING CITATIONS.
   (a)   The director of equipment and building services, or a designated
agent, may remove to the city pound any vehicle stopped, standing, or parked in
the parking garage in violation of this division.
   (b)   The director of equipment and building services, or a designated
agent, have authority to enforce the provisions of this division and to issue
citations for violations of this division and the speed limit designated in
Section
28-52 of this chapter. (Ord. Nos. 14911; 19312; 19679; 22026; 23694)
SEC. 28-128.7.   TRAFFIC CONTROL.
   (a)   Designated employees of the department of equipment and building
services shall direct traffic by voice, hand, or signal in the parking garage.
   (b)   If a person fails or refuses to comply with a traffic directive of a
designated employee of the department of equipment and building services, the
employee may remove the person from the parking garage. (Ord. Nos. 14911;
19312; 22026; 23694)
Division 6B. Bullington Street Truck Terminal.
SEC. 28-128.8.   AREA DESIGNATED.
   The subsurface area located two levels below Thanksgiving Square and bounded
approximately by Bryan Street from Ervay Street to Pacific Avenue, Ervay Street
from Pacific Avenue to Bryan Street, and Pacific Avenue from Bryan Street to
Ervay Street, and all vehicle ramps and pedestrian stairways connecting this
subsurface area to upper levels is designated as the “Bullington Street Truck
Terminal,” referred to in this division as the “terminal.” (Ord. Nos. 18408;
22026; 23694)
SEC. 28-128.9.   PURPOSE.
   The terminal will be used for the expeditious unloading and delivery or
pickup and loading of materials to or from businesses located within buildings
opening into the terminal. (Ord. Nos. 18408; 22026; 23694)
SEC. 28-128.10.   OPERATING HOURS.
   The normal operating hours of the terminal are from 6 a.m. to 5 p.m., Monday
through Friday. A person may, upon giving 24 hours’ notice, obtain permission
from the director of equipment and building services, or a designated agent, to
use the terminal outside of normal operating hours. A fee of $28 an hour will
be charged for use of the terminal outside of normal operating hours. (Ord.
Nos. 18408; 19312; 22026; 23694)
SEC. 28-128.11.   CERTAIN VEHICLES PROHIBITED DURING NORMAL OPERATING HOURS.
   (a)   A person commits an offense if, during normal operating hours, he
enters a vehicle ramp of the terminal while operating a truck-tractor, semi-
trailer, pole trailer, or trailer.
   (b)   A person operating a truck-tractor, semi- trailer, pole trailer, or
trailer may use the terminal outside of normal operating hours if permission is
obtained from the director of equipment and building services or a designated
agent in accordance with Section
28-128.10. (Ord. Nos. 18408; 19312; 22026; 23694)
SEC. 28-128.12.   STOPPING, STANDING, OR PARKING PROHIBITED.
   (a)   A person commits an offense if, during normal operating hours, he
stops, stands, or parks a vehicle in the terminal for any purpose other than
the expeditious unloading and delivery or pickup and loading of materials to or
from a business located within a building opening into the terminal.
   (b)   A person commits an offense if, during normal operating hours, he
stops, stands, or parks a vehicle in the terminal for a period exceeding 30
minutes. (Ord. Nos. 18408; 22026; 23694)
SEC. 28-128.13.   PERMISSION FROM DIRECTOR; DEFENSES.
   (a)   Upon determining that the conduct would not interfere with the orderly
and efficient operation of the terminal, the director of equipment and building
services, or a designated agent, may give a person, in writing, permission to
engage in conduct prohibited by Section
28-128.11(a) or
28-128.12.
   (b)   It is a defense to prosecution under Sections
28-128.11(a) and
28-128.12 that the person had written permission to engage in the prohibited
conduct from the director of equipment and building services, or a designated
agent. (Ord. Nos. 18408; 19312; 22026; 23694)
SEC. 28-128.14.   RESERVED.
   (Repealed by Ord. 20012)
SEC. 28-128.15.   AUTHORITY TO REMOVE VEHICLES AND ISSUE CITATIONS.
   (a)   The director of equipment and building services, or a designated
agent, may remove to the city pound any vehicle stopped, standing, or parked in
the terminal in violation of this division.
   (b)   The director of equipment and building services, or a designated
agent, have authority to enforce the provisions of this division and to issue
citations for violations of this division and for violations of the speed limit
designated in Section
28-52.1 of this chapter. (Ord. Nos. 18408; 19312; 19679; 22026; 23694)
SEC. 28-128.16.   TRAFFIC CONTROL.
   (a)   Designated employees of the department of equipment and building
services shall direct traffic by voice, hand, or signal in the terminal.
   (b)   A person commits an offense if he fails or refuses to comply with a
traffic directive of a designated employee of the department of equipment and
building services. A designated employee of the department of equipment and
building services may cause the removal from the terminal of any person
committing an offense under this subsection. (Ord. Nos. 18408; 19312; 19679;
22026; 23694)
Division 7. Administrative Adjudication of Parking Violations.
SEC. 28-129.   PARKING VIOLATIONS MADE CIVIL OFFENSES.
   Every violation of a provision of this chapter, except for Section
28-121.2, or of
Chapter 32 of this code governing the stopping, standing, or parking of a
vehicle is a civil offense. In addition to being subject to the criminal
penalties and procedures established in
Chapter 51A of this code, a violation of Section
51A-4.301(d)(5) governing the parking of a motor vehicle on an unapproved
surface may also be adjudicated as a civil offense under this division. (Ord.
Nos. 14584; 20012; 20269; 21612; 22340; 32470)
SEC. 28-130.   GENERAL AUTHORITY AND DUTY OF DIRECTOR.
   (a)   The director of Dallas municipal court shall implement and enforce the
provisions of this division relating to hearing officers, administrative
adjudication hearing procedures, and appeals and may by written order establish
such rules or regulations, not inconsistent with this division, as the director
determines are necessary to discharge the director's duty under or to effect
the policy of this division.
   (b)   The director of transportation shall implement and enforce the
provisions of this division relating to the issuance, service, and enforcement
of parking citations and the collection of fines and costs and may by written
order establish such rules or regulations, not inconsistent with this division,
as the director determines are necessary to discharge the duty of the director
under or to effect the policy of this division. (Ord. Nos. 14584; 20012; 21612;
27697; 30654; 32557)
SEC. 28-130.1.   HEARING OFFICERS; POWERS, DUTIES, AND FUNCTIONS.
   (a)   Hearing officers shall be appointed by the city manager, or a
designated representative, to administratively adjudicate all parking
violations for which a parking citation has been issued under this chapter or
under
Chapter 32 of this code.
   (b)   Hearing officers shall have the following powers, duties, and
functions:
      (1)   To administer oaths.
      (2)   To accept admissions to, and to hear and determine contests of,
parking violations under this chapter.
      (3)   To issue orders compelling the attendance of witnesses and the
production of documents, which orders may be enforced by a municipal court.
      (4)   To assess fines, penalties, and other costs for a parking violation
in accordance with Section
28-130.9 of this chapter.
      (5)   To waive penalties assessed for a parking violation in accordance
with Section
28-130.9 of this chapter.
      (6)   To preside over, hear evidence, and make findings at
immobilization/impoundment hearings in accordance with this chapter. (Ord. Nos.
20012; 21612)
SEC. 28-130.2.   PARKING CITATIONS; FORM.
   (a)   A parking citation serves as the summons and complaint for purposes of
this division.
   (b)   A parking citation must be on a form prescribed by the director of
transportation and must include the following information:
      (1)   the nature, date, time, and location of the alleged parking
violation and the meter number, if applicable;
      (2)   the state license plate number of the illegally parked vehicle, or
if not visible or legible, the vehicle identification number or the brake
inspection tag number;
      (3)   the make of the illegally parked vehicle;
      (4)   the date, time, and location of the administrative adjudication
hearing, to be set not later than 15 calendar days after the date of issuance
of the parking citation;
   (5)   a notification that the person charged with the parking violation has
the right to an instanter hearing any business day before the scheduled
administrative adjudication hearing; and
   (6)   a notification that failure to timely appear at either an instanter
hearing or a scheduled administrative adjudication hearing is considered an
admission of liability for the parking violation charge and will result in the
assessment of appropriate fines, penalties, and costs and may result in the
immobilization, towing, and impoundment of the vehicle for which the citation
was issued.
   (c)   The original or any copy of a parking citation is a record kept in the
ordinary course of city business and is prima facie evidence of the facts
contained in the parking citation. (Ord. Nos. 20012; 20269; 21612; 27697;
30654)
SEC. 28-130.3.   SERVICE OF A PARKING CITATION; PRESUMPTION OF SERVICE.
   (a)   A parking citation must be served personally upon the operator of a
vehicle who is present at the time of service. If the operator is not present,
or cannot otherwise be personally served, the parking citation must be served
upon the registered owner of the vehicle by affixing the parking citation to
the vehicle in a conspicuous place.
   (b)   An operator of a vehicle who is not the vehicle’s owner, but who uses
or operates the vehicle with the express or implied permission of the owner,
shall be considered the owner’s agent authorized to receive a parking citation
required to be served upon the registered owner or operator of a vehicle in
accordance with the provisions of this section.
   (c)   If the owner or operator of a vehicle drives the vehicle away from or
in any manner leaves the site of the parking violation while the issuing
officer is preparing the parking citation, or refuses service of the parking
citation, this fact shall be noted on the original and all copies of the
parking citation.
   (d)   The original parking citation must be signed by the issuing officer
who shall affirm the truth of the facts set forth in the citation.
   (e)   The original and all copies of a parking citation are prima facie
evidence that the parking citation was issued and that an attempt at service
was made in accordance with the provisions of this section. (Ord. Nos. 20012;
21612)
SEC. 28-130.4.   LIABILITY OF THE VEHICLE OWNER AND OPERATOR; PRESUMPTION OF
LIABILITY.
   (a)   Except as provided in Subsection (b), the registered owner and the
operator of a vehicle, when not the same, shall both be liable to the city for
a parking violation charge, except that the operator of a vehicle shall be
solely liable if the owner can prove that the vehicle was operated without the
owner’s express or implied consent. A vehicle owner who pays any civil fines,
penalties, or costs pursuant to this division shall have the right to recovery
from the vehicle operator.
   (b)   A vehicle owner who is engaged in the business of renting or leasing
vehicles under written rental or leasing agreements shall not be liable for
parking fines, penalties, and costs imposed by the city on a rented or leased
vehicle if, within 30 days after receiving written notice of a parking
violation, the vehicle owner provides in affidavit form the true name, address,
and driver’s license number and state of issuance of the person in possession
of the vehicle at the time the parking citation was issued, or a true copy of
the lease or rental agreement in effect at the time the parking citation was
issued.
   (c)   A lessor of a vehicle who fails to comply with Subsection (b) shall be
treated as any other vehicle owner and shall be liable with the vehicle
operator for a parking violation charge.
   (d)   It is a defense to any charge of a parking violation that, at the time
of the violation, the illegally parked vehicle was reported to a police
department as having been stolen prior to the time of the violation and had not
yet been recovered.
   (e)   In any hearing to administratively adjudicate a parking citation, it
is presumed that the registered owner of the vehicle for which the citation was
issued is the person who stopped, stood, or parked the vehicle at the time and
place of the parking violation. 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.
20012; 21612)
SEC. 28-130.5.   ANSWERING A PARKING CITATION.
   (a)   A person who has been issued a parking citation shall answer to the
charge of the parking violation by the date shown on the citation. An answer
may be made in any of the following ways:
      (1)   An admission of liability with payment of the applicable civil
fine, and any additional penalties and costs.
      (2)   A denial of liability made before a hearing officer at an
administrative adjudication hearing on a date specified in the parking citation
or at an instanter hearing before that date.
      (3)   An admission of liability with an explanation made before a hearing
officer at an administrative adjudication hearing on a date specified in the
parking citation or at an instanter hearing before that date.
      (4)   A request for permission from a hearing officer to adjudicate by
mail.
      (5)   A request to reset a scheduled administrative adjudication hearing
from the date shown on the parking citation. A scheduled hearing may not be
reset more than once unless the person charged pays to the director of
transportation an amount equal to the applicable civil fine for the parking
violation, with any additional penalties and costs. The director of
transportation shall issue a receipt for any amounts paid under this paragraph.
After presentation of the receipt, all amounts paid will be refunded to the
person charged if the hearing officer, or a municipal court on appeal, finds
that the person is not liable for the parking violation.
   (b)   Payment of the civil fine and any additional penalties and costs may
be made in person, by mail, or by other payment options to the director of
transportation. Payment of the civil fine and all penalties and costs assessed
pursuant to this division shall operate as a final disposition of the parking
violation charge, except when payment is made to reset a scheduled hearing or
to file an appeal. (Ord. Nos. 20012; 21612; 27697; 30654)
SEC. 28-130.6.   ADJUDICATION BY MAIL.
   (a)   If a person charged with a parking violation shows good cause for not
attending a hearing, either personally or through a representative, the hearing
officer may permit the matter to be adjudicated by mail, which adjudication
must be completed within 90 calendar days of the date of the citation.
   (b)   Letters, memoranda, affidavits, photographs, and other documentary
materials shall be admissible as evidence for the purposes of adjudication by
mail. The hearing officer may exclude from consideration any material that is
not relevant to the adjudication of the alleged violation.
   (c)   Failure of the person charged to proceed with an adjudication by mail
after requesting and receiving permission to adjudicate by mail is an admission
by the person charged of liability for the parking violation and shall subject
the person who requested the adjudication by mail to the appropriate civil
fines, penalties, and costs assessed by the hearing officer.
   (d)   If a hearing officer determines that an adjudication cannot proceed by
mail, the hearing officer shall advise the person charged by first class mail
that the person must appear to answer the charge at a hearing. (Ord. Nos.
20012; 21612)
SEC. 28-130.7.   HEARINGS FOR DISPOSITION OF A PARKING CITATION; PARKING
CITATION AS PRIMA FACIE EVIDENCE.
   (a)   Every hearing for the adjudication of a parking violation charge under
this chapter shall be held before a hearing officer.
   (b)   At a hearing, the parking citation is prima facie proof of its
contents and the officer or other authorized person who issued the parking
citation is not required to be present; except, that the issuing officer or
other authorized person shall be present at a scheduled administrative
adjudication hearing if requested by the person charged or by the hearing
officer.
   (c)   At a hearing, the hearing officer shall hear and consider evidence
presented by the city and by the person charged. The formal rules of evidence
do not apply to a hearing under this division, and the hearing officer shall
make a decision based upon a preponderance of the evidence presented at the
hearing, after giving due weight to all presumptions and prima facie evidence
established by this division or other applicable law.
   (d)   At the conclusion of an instanter or a scheduled administrative
adjudication hearing, the hearing officer shall immediately render an order or
decision, either by:
      (1)   finding the person charged liable for the parking violation,
assessing the applicable civil fine and any penalties and other costs in
accordance with this division, and notifying the person of the right to appeal
to municipal court; or
      (2)   finding the person charged not liable for the parking violation.
   (e)   An order of a hearing officer must be filed with the city department
of Dallas municipal court, in a separate index and file. The order may be
recorded using computer printouts, microfilm, microfiche, or other digital
retention methods. (Ord. Nos. 20012; 21612; 22026; 28424; 30239; 32557)
SEC. 28-130.8.   FAILURE TO ANSWER A PARKING CITATION OR APPEAR AT A HEARING.
   (a)   The failure of any person charged with a parking violation to answer
to the charge within 15 calendar days after the date of issuance of the parking
citation or to appear at any hearing, including a hearing on appeal, when
required to appear is an admission of liability for the parking violation, and
the hearing officer, or the municipal court in the case of an appeal, shall
issue an order of liability and assess against the person charged with the
violation the appropriate civil fines, penalties, and other costs.
   (b)   Within seven calendar days after filing an order of liability issued
under this section, a hearing officer shall notify the registered owner or
operator of the vehicle in writing of the order. The notice must be sent by
United States mail to the last address of the registered owner on record with
the Texas Department of Transportation, or to the address of the registered
owner or operator last known to the hearing officer. The notice must include a
statement:
      (1)   of the amount of civil fines, penalties, and costs assessed;
      (2)   of the right to appeal to municipal court; and
      (3)   that failure to pay can result in immobilization and impoundment of
the vehicle. (Ord. Nos. 20012; 21612)
SEC. 28-130.9.   FINE SCHEDULE; OTHER FEES.
   (a)   The following is the schedule of civil fines for parking violations
under this chapter,
Chapter 32, and
Chapter 51A of this code that are made civil offenses under this division:
 
VIOLATION                                FINE
(1) Section                              $110
    28-81.1(a)(2)(B) or (G)
(2) Section                              $50
    28-159.1
    Section
    28-76,
    28-76.3,
(3) 28-81.1(a)(1),                       $40
    28-81.1(a)(2)(C), (D), (E), or (F),
    28-88, or
    28-96
    Section
    28-80,
    28-81,
    28-81.1(a)(2)(A),
(4) 28-82,                               $35
    28-86,
    28-87,
    28-101, or
    28-102
(5) Section                              $50
    51A-4.301(d)(5)
(6) Any other parking violation          $30
 
   (b)   If a civil fine is assessed under this division, it must be in
accordance with this section. A fine may not be waived or modified by a hearing
officer, or by a municipal court on appeal, except that additional penalties
and other costs may be added in accordance with this section.
   (c)   An additional penalty in an amount equal to the original fine will be
assessed if a vehicle owner or operator, or the agent of the owner or operator,
fails to:
      (1)   answer to a parking violation charge within 15 calendar days after
the date of issuance of the parking citation or fails to appear at any hearing
scheduled after 15 calendar days from the date of the parking citation; or
      (2)   after being found liable, pay all civil fines, fees, and costs
assessed for a parking violation within the time designated by the hearing
officer.
   (d)   An additional penalty of $30 will be assessed if a vehicle owner or
operator, or the agent of the owner or operator, fails to pay all civil fines,
fees, penalties, and costs assessed for a parking violation within 31 calendar
days after the assessment of the additional penalty described in Subsection
(c).
   (e)   A penalty assessed under Subsection (c) or (d) of this section may be
waived by a hearing officer, or by a municipal court on appeal, if the vehicle
owner or operator, or agent of the vehicle owner or operator, can establish
that:
      (1)   through no fault of the vehicle owner or operator, or agent of the
vehicle owner or operator:
         (A)   no notice of the parking violation was received as required by
this article;
         (B)   no notice of the hearing officer’s order was received as
required by this article; or
         (C)   payment of the fine assessed for the parking violation was not
posted in a timely manner;
      (2)   the penalty was assessed in error; or
      (3)   the vehicle was at the time of the violation stopped, stood, or
parked in response to a medical emergency.
   (f)   In addition to all fines, penalties, and other costs assessed under
this division, a person found liable for a parking violation shall pay a court
cost of $5 as required by Article 102.014 of the Texas Code of Criminal
Procedure.
   (g)   The minimum fine established in Subsection (a)(4) of this section must
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. (Ord. Nos. 20012; 20269; 21004; 21194; 21612;
22340; 24411; 26309; 27210; 27553)
SEC. 28-130.10.   ENFORCEMENT OF ORDER.
   A hearing officer’s order may be enforced by:
      (1)   impounding the vehicle that is the subject of the order when it is
found on any public street, right-of-way, easement, or other public or city-
owned property, if the person charged has committed three or more parking
violations in any calendar year that have not been resolved either by a finding
of no liability or by payment of all fines, penalties, and costs assessed by
the hearing officer;
      (2)   placing a boot on the vehicle that is the subject of the order when
it is found on any public street, right-of-way, easement, or other public or
city-owned property, if the person charged has committed three or more parking
violations in any calendar year that have not been resolved either by a finding
of no liability or by payment of all fines, penalties, and costs assessed by
the hearing officer;
      (3)   imposing an additional penalty to a civil fine not paid within the
designated period;
      (4)   denying any parking permit; or
      (5)   refusing to allow the registration of the vehicle that is the
subject of the order as provided by Article 6675a-2, Vernon’s Texas Civil
Statutes. (Ord. Nos. 20012; 20965; 21612)
SEC. 28-130.11.   IMMOBILIZATION/ IMPOUNDMENT HEARING.
   (a)   The registered owner of a vehicle that is immobilized or impounded for
the purpose of enforcing a hearing officer’s order shall have the right to a
prompt immobilization/impoundment hearing before a hearing officer.
   (b)   The request for an immobilization/ impoundment hearing must be made in
writing to the director, on a form provided for that purpose, within three
calendar days from the date the vehicle was immobilized or impounded, whichever
occurred first.
   (c)   An immobilization/impoundment hearing must be held within 48 hours
after the director receives the request for a hearing, excluding Saturdays,
Sundays, and city holidays, at the parking adjudication office or at such other
convenient and reasonable place as the hearing officer may designate.
   (d)   The issue to be determined at the immobilization/impoundment hearing
is whether the immobilization or impoundment of the vehicle was authorized by
this chapter.
   (e)   The immobilization or impoundment of a vehicle is valid if it complies
with the requirements of this chapter, unless the vehicle owner or operator, or
agent of the vehicle owner or operator, can establish that:
      (1)   the vehicle was registered to and operated by another person at the
time the unresolved parking violations occurred;
      (2)   the vehicle was being operated without the owner’s express or
implied consent at the time the unresolved parking violations occurred;
      (3)   through no fault of the owner, notice of the unresolved parking
violations was never received as required by this article;
      (4)   one or more citations for the unresolved parking violations are
defective and, if dismissed, would leave no more than two unresolved parking
violations within the calendar year; or
      (5)   at the time of immobilization or impoundment of the vehicle, the
registered owner had no more than two unresolved parking violations within the
calendar year.
   (f)   The determination of the hearing officer at the immobilization/
impoundment hearing is final and is not subject to appeal.
   (g)   If the hearing officer determines that immobilization or impoundment
of a vehicle was not valid, all fees paid for immobilization, towage, storage,
and impoundment of the vehicle and any other amount paid to redeem the vehicle
shall be refunded, including any fines, penalties, and costs for any parking
violation that the hearing officer determines should not have been considered
in counting parking violations for the purposes of immobilizing or impounding
the vehicle. Any fines, penalties, and costs paid for a parking violation for
which the registered owner was liable will not be refunded. (Ord. 21612)
SEC. 28-130.12.   APPEAL FROM HEARING.
   (a)   A person determined by a hearing officer, at either an instanter or
scheduled administrative adjudication hearing or by failure to answer a parking
citation or appear at a hearing in the time required, to be liable for a
parking violation may appeal this determination to the municipal court by
filing a petition, along with a filing fee of $15, with the municipal court
clerk or a deputy clerk within 30 calendar days after the hearing officer's
order is filed with the department of Dallas municipal court. If the hearing
officer's order is reversed, the $15 filing fee shall be returned by the city
to the appellant.
   (b)   Upon receipt of an appeal petition, the municipal court clerk or
deputy clerk shall schedule an appeal hearing and notify all parties of the
date, time, and location of the hearing. The officer or other authorized person
who issued the parking citation is not required to be present at the appeal
hearing unless requested by the person charged or by the municipal court.
   (c)   The appeal hearing must be a trial de novo in municipal court and is a
civil proceeding for the purpose of affirming or reversing the hearing
officer’s order. The person filing the appeal may request that the hearing be
held before a jury. The decision from the municipal court is final.
   (d)   Service of notice of appeal under this section does not stay the
enforcement and collection of any order of a hearing officer, unless the person
filing the appeal pays to the director of transportation an amount equal to all
civil fines, penalties, and costs assessed against the person charged. The
director of transportation shall issue a receipt for any amounts paid under
this subsection. After presentation of the receipt, all amounts paid will be
refunded if the hearing officer's order is overturned on appeal. (Ord. Nos.
20012; 21194; 21612; 22026; 27697; 28424; 30239; 30654; 32557)
SEC. 28-130.13.   DISPOSITION OF FINES, PENALTIES, AND COSTS.
   (a)   Except as provided in Subsection (b) of this section, all fines,
penalties, and costs assessed under this division must be paid into the city’s
general fund for the use and benefit of the city.
   (b)   All court costs assessed under Section
28-130.9(f) of this chapter must be deposited into the municipal child safety
fund established under Chapter 106 of the Texas Local Government Code. (Ord.
Nos. 20012; 21004; 21612; 26309)
ARTICLE XII.
SPECIAL PROVISIONS FOR LOVE FIELD AND DALLAS EXECUTIVE AIRPORT.
SEC. 28-131.   DEFINITIONS.
   In this article:
      (1)   AUTHORIZED VEHICLE means a vehicle approved by the director of
aviation that displays on its windshield, or other conspicuous place, if the
vehicle has no windshield, a permit issued by the director of aviation
designating the vehicle as an authorized vehicle.
      (2)   DALLAS EXECUTIVE AIRPORT means that airport owned and operated by
the city, including terminals, buildings, hangars, shops, roads, entrance
roads, exit roads, perimeter roads, service roads, driveways, ramps, taxiways,
runways, parking areas, loading areas, special use areas, and adjacent grounds,
bounded generally by Hampton Road on the East, Ledbetter Drive on the North,
Paradise Avenue on the West, and Redbird Lane and U. S. Highway 67 on the
South.
      (3)   DIRECTOR OF AVIATION means the director of aviation of the city.
      (4)   LOADING ZONE means a space adjacent to a curb, sidewalk, or
building reserved for the exclusive use of vehicles loading or unloading
materials.
      (5)   LOVE FIELD means the airport owned and operated by the city,
including terminals, buildings, hangars, shops, roads, entrance roads, exit
roads, perimeter roads, service roads, driveways, ramps, taxiways, runways,
parking areas, loading areas, special use areas, and adjacent grounds, bounded
generally by Mockingbird Lane on the Southeast; Lemmon Avenue on the East and
North; Shorecrest Drive and Love Field Drive on the Northwest and West; and
Lipsitz, Brookfield, Denton Drive, Roanoke and Cedar Springs Road on the South.
      (6)   PASSENGER LOADING ZONE means a space adjacent to a curb, sidewalk,
or building for the exclusive use of vehicles loading and unloading passengers
arriving and departing from Love Field or Dallas Executive Airport. (Ord. Nos.
14584; 24859)
SEC. 28-132.   SPEED RESTRICTIONS; REASONABLE AND PRUDENT.
   A person commits an offense if he operates a vehicle upon a road, street,
entrance road, exit road, perimeter road, service road, driveway, ramp,
taxiway, runway, parking area, loading area, or other area restricted by the
traffic engineer to special uses, within Love Field or Dallas Executive Airport
at a speed greater than is reasonable and prudent under the conditions then
existing, having regard to special, actual, or potential hazards, and a person
shall control the speed of the vehicle as necessary to avoid colliding with any
person, vehicle, or other object, in compliance with the legal duty of all
persons to use due care. (Ord. Nos. 14584; 24859)
SEC. 28-133.   DESIGNATION OF ONE-WAY ROADS.
   (a)   The main entrance road leading from Mockingbird Lane to the Love Field
Terminal Building is designated a one-way road, and a person commits an offense
if he operates or drives a vehicle upon this road in any direction except
North, as indicated by signs placed in conspicuous places by the traffic
engineer.
   (b)   The main exit road leading from the Love Field Terminal Building to
Mockingbird Lane is designated a one-way road, and a person commits an offense
if he operates or drives a vehicle upon this road in any direction except
South, as indicated by signs placed in conspicuous places by the traffic
engineer.
   (c)   The traffic engineer may designate any other road, lane, service road,
perimeter road, driveway, ramp, or taxiway at Love Field or Dallas Executive
Airport as one-way for movement of vehicles by posting signs indicating
directions for vehicle movement. A person commits an offense if he operates or
drives a vehicle upon these roads, lanes, driveways, ramps, or taxiways in any
direction except the direction indicated by the signs. (Ord. Nos. 14584; 24859)
SEC. 28-134.   ERECTION OF “DO NOT ENTER” SIGNS; OBEDIENCE TO “DO NOT ENTER”
SIGNS.
   The traffic engineer may erect signs lettered “do not enter” in prominent
letters at the entrance to any road, street, lane, driveway, ramp, taxiway,
runway, or area at Love Field or Dallas Executive Airport. A person commits an
offense if he operates or drives a vehicle past a “do not enter” sign; except,
this section does not apply to authorized vehicles, designated by the director
of aviation. Pedestrians shall obey the “do not enter” signs the same as
operators of vehicles, and pedestrians shall not enter any area of Love Field
or Dallas Executive Airport except by regularly provided entrances. (Ord. Nos.
14584; 24859)
SEC. 28-135.   ERECTION OF STOP SIGNS; OBEDIENCE TO STOP SIGNS.
   The traffic engineer shall, upon the basis of traffic investigations, erect
stop signs within Love Field and Dallas Executive Airport at intersections of
roads, lanes, driveways, ramps, taxiways, and runways, and at any place along
such roads, lanes, driveways, ramps, taxiways, or runways, where a traffic
investigation indicates a traffic hazard exists. A person commits an offense if
he operates or drives a vehicle past a stop sign without first having brought
the vehicle to a complete stop and ascertaining that forward movement can be
made with safety. (Ord. Nos. 14584; 24859)
SEC. 28-136.   ERECTION OF TURN SIGNS; OBEDIENCE TO TURN SIGNS.
   The traffic engineer may erect “no turn,” “no right turn,” or “no left turn”
signs within Love Field and Dallas Executive Airport at intersections of roads,
lanes, ramps, driveways, taxiways, or runways. A person commits an offense if
he operates or drives a vehicle in such a manner as to execute a turn
prohibited by these signs. (Ord. Nos. 14584; 24859)
SEC. 28-137.   AUTHORIZATION TO ESTABLISH NO PARKING, STOPPING, OR STANDING
SIGNS.
   The traffic engineer may establish no parking, no stopping, and no standing
zones within Love Field and Dallas Executive Airport adjacent to curbs,
sidewalks, or buildings, or near entrances to buildings, by posting signs
warning operators of vehicles of the restrictions of no parking, stopping, or
standing zones. A person commits an offense if he parks, stops, or stands a
vehicle in a zone in violation of the posted signs. (Ord. Nos. 14584; 24859)
SEC. 28-138.   AUTHORIZATION TO ESTABLISH PASSENGER LOADING ZONES.
   The traffic engineer may establish passenger loading zones alongside curbs,
sidewalks, or buildings at Love Field and Dallas Executive Airport by
designating the zones with bright paint and lettering or by posting signs. A
person commits an offense if he parks a vehicle in a passenger loading zone or
stops or stands a vehicle in a passenger loading zone except to load or unload
passengers. A person shall not stop or stand a vehicle in a passenger loading
zone for a period longer than two minutes. (Ord. Nos. 14584; 24859)
SEC. 28-139.   AUTHORIZATION TO ESTABLISH LOADING ZONES.
   The traffic engineer may establish loading zones for the loading and
unloading of material at Love Field and Dallas Executive Airport. A person
commits an offense if he stops, stands, or parks a vehicle in a loading zone
other than for the expeditious unloading and delivery or for the pick-up and
loading of material. A person may stop or stand in a loading zone for the
purpose of loading or unloading materials for a period not to exceed 15 minutes
except on written permission from the director of aviation for a longer period,
limited to the time necessary to complete one undertaking. (Ord. Nos. 14584;
24859)
SEC. 28-140.   AUTHORIZATION TO ESTABLISH SPECIAL USE ZONES, CALL BOX STANDS,
ETC.
   (a)   The traffic engineer may designate areas or zones at Love Field and
Dallas Executive Airport in which only vehicles of a special kind or type are
authorized to park, stop, stand, or operate, by posting signs to that effect. A
person commits an offense if he operates or drives a vehicle, or parks, stops,
or stands a vehicle, in any such area or zone, unless the vehicle is the
special kind or type authorized to enter, park, stop, or stand in the area or
zone.
   (b)   The traffic engineer is authorized to establish taxicab call box
stands in areas or zones at Love Field and Dallas Executive Airport as the
traffic engineer deems necessary. The traffic engineer shall take into
consideration the need for stands by the holder and the convenience to the
general public. For purposes of this section, the term “holder” means any
person holding a taxicab franchise in the city or operating under an operating
contract. For the purposes of this section, the word “taxicab” includes
“limousine.” A holder desiring to establish a call box stand at Love Field or
Dallas Executive Airport shall make written application to the traffic
engineer. When a call box stand has been established, it shall be used solely
by the holder to whom it was granted and the holder’s agents and servants, and
no other holder shall use it. The signs designating the call box stand area
must indicate the holder for whom the call box stand was established.
   (c)   The director of aviation shall designate the periods of service and
the number of starters or other employees for the purposes of assisting in
loading or unloading passengers from taxicabs, receiving calls and dispatching
taxicabs, and soliciting passengers at call box stands at Love Field and Dallas
Executive Airport. Call box stands consist of that part of the sidewalk
immediately adjacent to, and of equal length with, the designated area and all
other areas specifically assigned for the use.
   (d)   The traffic engineer is authorized to establish public taxicab stands
in areas or zones at Love Field and Dallas Executive Airport as the traffic
engineer deems necessary. For the purposes of this section, the term “public
taxicab stand” means an area designated for the use of any holder who has not
been allocated a call box stand at the airport facility.
   (e)   The traffic engineer shall establish the capacity of the call box
stands and public taxicab stands. The number of taxicabs, limousines, or other
vehicles of the holder located or parked in a stand at any one time shall not
exceed the capacity so established.
   (f)   The chief of police and the director of aviation shall enforce the
provisions of this section. Definitions in Chapter 45 of this code apply to
this section except as specifically modified. (Ord. Nos. 14584; 17226; 19312;
24859)
SEC. 28-141.   DESIGNATION OF PUBLIC PARKING AREAS.
   The traffic engineer, upon approval of the director of aviation, shall
designate areas at Love Field and Dallas Executive Airport for the parking of
vehicles by the public and may post signs regulating the entrance, departure,
and manner of parking of vehicles. A person commits an offense if he operates,
parks, stops, or stands a vehicle in violation of the posted signs. (Ord. Nos.
14584; 24859)
SEC. 28-142.   VEHICLES NOT TO BLOCK ROADS, DRIVEWAYS, RAMPS, TAXIWAYS, OR
ENTRANCES.
   A person commits an offense if he parks, stops, or stands a vehicle in a
road, driveway, ramp, taxiway, parking area, or loading area or in front of the
entrance of any building at Love Field or Dallas Executive Airport in a manner
that blocks, obstructs, or impedes the free passage of vehicles or pedestrians.
(Ord. Nos. 14584; 24859)
SEC. 28-143.   RESTRICTED AREAS.
   A person commits an offense if he operates, drives, parks, stops, or stands
a vehicle on a service road, ramp, perimeter road, taxiway, or runway at Love
Field or Dallas Executive Airport. This section does not apply to operators of
authorized vehicles. (Ord. Nos. 14584; 24859)
SEC. 28-144.   REMOVAL OF ILLEGALLY PARKED VEHICLES.
   Vehicles illegally parked or stopped in violation of this article shall be
removed or impounded in the same manner as provided for removal of illegally
parked or stopped vehicles on the public streets. (Ord. Nos. 14584; 24859)
SEC. 28-145.   THROWING OF BOTTLES, ETC., ON STREETS, ROADS, ETC.
   A person commits an offense if he throws, deposits, or drops a bottle, can,
trash, debris, junk, or other object upon any of the parking areas, streets,
roads, or driveways at Love Field or Dallas Executive Airport. (Ord. Nos.
14584; 24859)
SEC. 28-146.   ISSUANCE OF TRAFFIC TICKETS OR NOTICES TO VIOLATORS OF THIS
ARTICLE.
   Officers of the police department shall issue traffic tickets or notices to
answer charges to violators of the provisions of this article in the same
manner as tickets and notices are issued for other offenses. (Ord. Nos. 14584;
24859)
ARTICLE XIII.
VIOLATIONS AND PENALTIES.
SEC. 28-147.   PROCEDURE UPON ARREST FOR VIOLATION OF CHAPTER.
   When a person is arrested for violating a provision of this chapter and is
not immediately taken before a magistrate, the arresting officer shall take the
person’s name, address, the driver’s license number and registration of his
vehicle, if any, and issue to the person, in writing, on a form provided by the
city, a notice specifying the offense charged and commanding the person to
answer to the charge against him in not less than 10 days at the time and place
specified in the notice. The arresting officer shall have the arrested person
give his written promise to answer as specified in the notice, and upon
securing such written promise, shall release such person from custody. (Ord.
14584)
SEC. 28-148.   GIVING FALSE NAME UPON ARREST FOR TRAFFIC VIOLATION.
   A person, upon being arrested by a police officer for a violation of a
traffic law or ordinance, shall give the arresting officer, as his name, his
true and correct name. (Ord. 14584)
SEC. 28-149.   GIVING FALSE ADDRESS UPON ARREST FOR TRAFFIC VIOLATION.
   A person, upon being arrested by a police officer for a violation of a
traffic law or ordinance, shall give the arresting officer, as his address, his
true and correct address. (Ord. 14584)
SEC. 28-150.   VIOLATION OF WRITTEN PROMISE TO APPEAR.
   (a)   Any person intentionally violating his written promise to appear in
court, given as provided in this article, is guilty of an offense regardless of
the disposition of the charge upon which he was originally arrested.
   (b)   A written promise to appear in court, given as provided in this
article, may be complied with by an appearance of counsel. (Ord. Nos. 14584;
19963)
SEC. 28-151.   PROCEDURE UPON FAILURE OF TRAFFIC VIOLATOR TO APPEAR.
   If the violator fails to appear within the time designated in the notice,
the clerk of the municipal court shall proceed to arrest the violator and bring
him before the municipal court. (Ord. 14584)
SEC. 28-152.   PAYMENT OF FINES; WHEN PLEADING GUILTY.
   A person who has received a notice to appear in answer to a traffic charge
under this chapter may within the time specified in the notice appear at the
office of the clerk of the municipal court and answer the charge set forth in
such notice by paying a prescribed fine, and in writing, pleading guilty to the
charge, waiving a hearing in court and giving power of attorney to the clerk of
the municipal court to make the plea and pay the fine in court. (Ord. 14584)
SEC. 28-153.   DISPOSITION OF FINES AND FORFEITURES.
   All fines or forfeitures collected upon conviction or upon the forfeiture of
bond of any person charged with a violation of a provision of this chapter
shall be paid into the city treasury and deposited in the general fund. (Ord.
14584)
SEC. 28-154.   AUTHORITY TO ARREST WITHOUT WARRANT FOR VIOLATIONS OF CHAPTER.
   Any police officer is authorized to arrest without warrant any person found
committing a violation of any provision of this chapter. (Ord. 14584)
SEC. 28-155.   RESERVED.
ARTICLE XIV.
FREEWAY REGULATIONS.
SEC. 28-156.   VEHICULAR ACCESS TO ENUMERATED STREETS TO BE DESIGNATED.
   Vehicular access to and from the main traveled portion of the following
described streets or freeways must be designated by the traffic engineer in
accordance with the approved traffic and safety patterns of the city:
STREET EXTENT
STREET                               EXTENT
Central Expressway                   Live Oak Street, north to the city limits,
                                     and Park Row to Overton Road
                                     Central Expressway (north) at
Central Expressway (Elevated Bypass) approximately Woodall Rodgers Freeway to
                                     Central Expressway (south) at
                                     approximately Grand Avenue
C. F. Hawn Freeway                   All portions within the city
John W. Carpenter Freeway            All portions within the city
Julius Schepps Freeway               All portions within the city
Lyndon B. Johnson Freeway            All portions within the city
Marvin D. Love Freeway               All portions within the city
R. L. Thornton Freeway               All portions within the city
Stemmons Freeway                     All portions within the city
Walton Walker Boulevard              Stemmons Freeway to Irving, Texas, city
                                     limits
 
(Ord. Nos. 14585; 15194; 22026; 28424)
SEC. 28-157.   PEDESTRIANS PROHIBITED FROM CROSSING OR WALKING ON OR ALONG
CERTAIN STREETS OR FREEWAYS.
   (a)   A pedestrian shall not cross or walk on or along the following streets
or freeways except at those locations where overpasses and underpasses are
provided for pedestrian crossing:
STREET EXTENT
STREET                               EXTENT
Central Expressway                   Live Oak Street, north to the city limits;
                                     and Park Row to Overton Road
Central Expressway (Elevated Bypass) All portions within the city
C. F. Hawn Freeway                   All portions within the city
Interstate Highway 30                All portions within the city
John W. Carpenter Freeway            All portions within the city
Julius Schepps Freeway               All portions within the city
Lyndon B. Johnson Freeway            All portions within the city
Marvin D. Love Freeway               All portions within the city
R. L. Thornton Freeway               All portions within the city
Stemmons Freeway                     All portions within the city
                                     State Highway Spur 408, north to the city
Walker Boulevard                     limits; and Stemmons Freeway, south to the
                                     city limits
 
   (b)   It is a defense to prosecution under Subsection (a) that the
pedestrian was walking on or along the street or freeway due to an emergency
and only until he could safely leave that street or freeway. (Ord. Nos. 14585;
15194; 17135)
SEC. 28-158.   HITCHHIKING PROHIBITED ON FREEWAYS.
   A person commits an offense if he requests or solicits, by gesture or
otherwise, a ride from the operator of any vehicle traveling on any of the
following streets or highways, or if, as the operator of a vehicle traveling on
any of the following streets or highways, he stops to give a ride to another
person:
STREET EXTENT
STREET                               EXTENT
Central Expressway                   Live Oak Street, north to the city limits,
                                     and Park Row to Overton Road
                                     Central Expressway (north) at
Central Expressway (Elevated Bypass) approximately Woodall Rodgers Freeway to
                                     Central Expressway (south) at
                                     approximately Grand Avenue
C. F. Hawn Freeway                   All portions within the city
John W. Carpenter Freeway            All portions within the city
Julius Schepps Freeway               All portions within the city
Lyndon B. Johnson Freeway            All portions within the city
Marvin D. Love Freeway               All portions within the city
R. L. Thornton Freeway               All portions within the city
Stemmons Freeway                     All portions within the city
Walton Walker Boulevard              Stemmons Freeway to Irving, Texas, city
                                     limits
 
(Ord. Nos. 14585; 15194)
SEC. 28-158.1.   RESERVED.
   (Repealed by Ord. 29543)
SEC. 28-159.   ANIMAL-DRAWN VEHICLES, MOTOR DRIVEN CYCLE, AND PUSHCARTS
PROHIBITED FROM USING ENUMERATED STREETS.
   A person commits an offense if he operates, drives, or permits to be driven
an animal-drawn vehicle, bicycle, other device propelled wholly or in part by
human power, or a motor driven cycle, other than an electric bicycle, as
defined in Section 664.001 of the Texas Transportation Code, on any of the
following described streets or freeways:
STREET EXTENT
STREET                               EXTENT
Central Expressway                   Live Oak Street, north to the city limits,
                                     and Park Row to Overton Road
                                     Central Expressway (north) at
Central Expressway (Elevated Bypass) approximately Woodall Rodgers Freeway to
                                     Central Expressway (south) at
                                     approximately Grand Avenue
C. F. Hawn Freeway                   All portions within the city
John W. Carpenter Freeway            All portions within the city
Julius Schepps Freeway               All portions within the city
Lyndon B. Johnson Freeway            All portions within the city
Marvin D. Love Freeway               All portions within the city
R. L. Thornton Freeway               All portions within the city
Stemmons Freeway                     All portions within the city
Walton Walker Boulevard              Stemmons Freeway to Irving, Texas, city
                                     limits
 
(Ord. Nos. 14585; 15194; 31403)
SEC. 28-159.1.   DRIVERS PROHIBITED FROM STOPPING ON ENUMERATED STREETS;
DEFENSES.
   (a)   A person commits an offense if he stops, parks or stands a vehicle on
the main traveled portion of the roadway of the following described streets or
freeways:
STREET EXTENT
STREET                               EXTENT
Central Expressway                   Live Oak Street, north to the city limits,
                                     and Park Row to Overton Road
                                     Central Expressway (north) at
Central Expressway (Elevated Bypass) approximately Woodall Rodgers Freeway to
                                     Central Expressway (south) at
                                     approximately Grand Avenue
C. F. Hawn Freeway                   All portions within the city
John W. Carpenter Freeway            All portions within the city
Julius Schepps Freeway               All portions within the city
Lyndon B. Johnson Freeway            All portions within the city
Marvin D. Love Freeway               All portions within the city
R. L. Thornton Freeway               All portions within the city
Stemmons Freeway                     All portions within the city
Walton Walker Boulevard              Stemmons Freeway to Irving, Texas, city
                                     limits
 
   (b)   It is a defense to prosecution under this section if such stopping,
parking or standing is necessary for safe operation, or for compliance with
law, or the vehicle is disabled in such a manner and to such an extent that it
is impossible to avoid stopping on the main traveled portion of the roadway.
(Ord. Nos. 14585; 15194)
ARTICLE XV.
MOTOR VEHICLE ESCORTS FOR HIRE.
SEC. 28-160.   DEFINITIONS.
   In this article:
   (a)   MOTOR VEHICLE ESCORT GUIDE means a person engaged in the business of
furnishing a private motor vehicle escort for hire who personally escorts or
guides a funeral cortege or overwidth, overlength, or overheight motor vehicle
or an employee of a person engaged in the business of furnishing private motor
vehicle escort service for hire.
   (b)   OFFICIAL POLICE OFFICER’S BADGE means a badge of the size, type and
design approved by Section
37-15 for the use of regular police officers.
   (c)   PRIVATE MOTOR VEHICLE ESCORT AGENCY means a person, firm or
corporation engaged in the business of furnishing private motor vehicle escorts
for hire, which employs one or more persons as employees, assistants, clerks or
motor vehicle escort guides. (Ord. 14584)
SEC. 28-161.   ESCORT LICENSE REQUIRED.
   A person commits an offense if he engages in the business of furnishing a
private motor vehicle escort for hire within the city, without first obtaining
an escort license; provided, that persons engaged in the business who are
employed by a duly licensed private motor vehicle escort agency shall not be
required to be individually licensed. (Ord. 14584)
SEC. 28-162.   SAME - MINIMUM AGE OF PERSON OBTAINING.
   A person must be 18 years of age to be eligible for an escort license to
engage in the business of furnishing private motor vehicle escorts. A person
licensed to engage in the business of furnishing motor vehicle escort service
for hire shall not employ as an escort guide, a person under 18 years of age.
(Ord. 14584)
SEC. 28-163.   SAME - APPLICATION; INFORMATION REQUIRED.
   A person desiring to conduct a private motor vehicle escort agency or
business in the city shall file with the chief of police a written application
on a form provided for the purpose, duly signed and verified, which shall state
the full name, age, and residence of the licensee, shall specify the trade name
and address or location from which the business or agency will operate and for
which the escort license is desired, and other relevant facts as may be
required by the chief of police. (Ord. 14584)
SEC. 28-164.   SAME - INVESTIGATION; ISSUANCE.
   The chief of police shall make or cause to be made an investigation to
determine the qualifications of each applicant for an escort license, and based
upon those findings, the chief of police shall approve or disapprove issuance
of an escort license to engage in the business of conducting private motor
vehicle escorts. Upon the approval of issuance of an escort license, the
applicant shall present the approved application to the special collections
division of the water utilities department and, upon the payment of the proper
license fee, the special collections division shall issue the proper license
certificate. (Ord. Nos. 14584; 22026; 27697)
SEC. 28-165.   SAME - REFUSAL TO ISSUE OR RENEW.
   The chief of police shall refuse to approve issuance or renewal of an escort
license for any one or more of the following reasons:
   (a)   conviction of applicant or licensee for a violation of this article or
for a felony within the preceding five years;
   (b)   the making of a false statement as to a material matter in an
application for an escort license or renewal;
   (c)   revocation of a license, pursuant to this article, of the applicant or
any proprietor, partner or corporate officer therein, within one year preceding
application;
   (d)   failure of applicant to comply with the insurance requirements of this
article. (Ord. 14584)
SEC. 28-166.   SAME - REVOCATION.
   (a)   An escort license shall be revoked by the chief of police for any one
or more of the following reasons:
      (1)   the making of a false statement as to a material matter in an
application for a license, renewal, or a hearing concerning the license;
      (2)   conviction of the licensee of a violation of this article or for a
felony;
      (3)   failure of licensee to comply with the insurance requirements of
this article.
   (b)   Written notice of revocation shall be sent by the chief of police to
the licensee, by certified mail, return receipt requested, setting forth the
reasons for the revocation. (Ord. 14584)
SEC. 28-167.   SAME - APPEAL.
   If the chief of police refuses to issue a license to an applicant or revokes
the license of a licensee, the action of the chief of police shall be 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. 14584; 18200)
SEC. 28-168.   SAME - INSURANCE.
   (a)   Before an escort license is issued to the owner or operator of a
private motor vehicle escort agency, or before the renewal of an escort license
is granted, the applicant shall file with the city secretary a standard policy
of public liability and property damage insurance, to be executed by an
insurance company authorized to do business in the state and performable in the
county, which is approved by the city manager, insuring the general public
against loss or damage that may result to any person or property from the
operation of the motor vehicle escort service.
   (b)   The insurance policy shall insure each vehicle operated by the motor
vehicle escort agency and shall have limits of not less than $100,000 for
injury to one person, $300,000 for injuries to two or more persons resulting
from one accident, and $50,000 for damage to property resulting from one
accident. The insurance shall be for the protection of passengers riding in a
funeral cortege being escorted and for protection of the public, but not for
personal injuries sustained by the servants, agents or employees of the motor
vehicle escort agency. The policy of insurance shall be for a period of one
year and the date of the policy shall coincide with the date of the license
issued under this article and shall contain a provision for a continuing
liability up to the full amount, notwithstanding any recovery thereon.
   (c)   If the chief of police determines after a hearing, that a licensee’s
policy of insurance provides less protection to the public than when originally
filed, he shall require a new or an additional policy to bring the protection
of the insurance to its original amount, and the licensee shall, within 10 days
after receiving written notice of this requirement, provide the required new or
additional policy. The license of a licensee shall be revoked by the chief of
police upon the licensee’s failure to provide the required policy.
   (d)   If an insurer desires to be released from a policy required by this
section, he may give written notice to the chief of police by filing the notice
with the city secretary at least 30 days before liability is to be released,
and the chief of police shall authorize the city secretary by personal
delivery, or by mail, to give written notice to the licensee with the demand
that the licensee shall furnish new insurance by the expiration of a 10 day
period.
   (e)   If a policy is cancelled upon the request of the insurer and no new
policy is filed by the licensee before the cancellation of the original
insurance, then the license to operate a motor vehicle escort service issued to
the licensee shall be revoked. (Ord. 14584)
SEC. 28-169.   SAME - ONE YEAR TERM.
   An escort license is valid for a term of one year unless revoked. (Ord.
14584)
SEC. 28-170.   ESCORT LICENSE - FEE; TRANSFERABILITY.
   The annual fee for an escort license is $160, to be paid before the license
is issued. An escort license is not transferable or assignable. No refund of
fees will be made. (Ord. Nos. 14584; 18411; 22206)
SEC. 28-171.   SAME - POSTING.
   Immediately upon the receipt of an escort license issued by the city, the
licensee named shall post the license and at all times display the license in a
conspicuous place in the office or location given as the business address in
the application. A licensee shall not post the license or permit the license to
be posted upon premises other than those described in the application. A person
commits an offense if he alters, defaces or destroys a valid escort license.
(Ord. 14584)
SEC. 28-172.   FUNCTIONS, POWERS AND DUTIES OF POLICE DEPARTMENT.
   The police department shall have the following functions, powers and duties:
   (a)   To investigate qualifications of all applicants.
   (b)   To investigate and aid in the prosecution of all violations of this
article.
   (c)   To inspect and approve or disapprove motor vehicle equipment used as
escort vehicles.
   (d)   To inspect and approve or disapprove the equipment and uniform worn by
escort officers. (Ord. 14584)
SEC. 28-173.   CHAUFFEUR’S LICENSE - REQUIRED; APPLICATION.
   A person commits an offense if he operates a motor vehicle as an escort for
hire upon the streets of the city without obtaining an escort chauffeur’s
license issued by the chief of police. Application for an escort chauffeur’s
license shall be made to the chief of police upon blanks to be furnished by the
chief of police, giving the name, age, present address, place and address of
employment during the past two years, with the reasons for leaving employment,
if any. The applicant shall submit a recent photograph of himself with the
application and shall possess and show a valid Texas motor vehicle operator’s
license with motorcycle endorsement. (Ord. 14584)
SEC. 28-174.   SAME - ISSUANCE; DENIAL.
   (a)   When an application for an escort chauffeur’s license or renewal has
been filed with the chief of police in proper form, the chief of police shall,
within a period of 30 days from the date of filing, approve or deny the
application. If the application is denied, the chief of police shall send to
the applicant by certified mail, return receipt requested, a written statement
setting forth the reasons for denial.
   (b)   The chief of police shall refuse to approve issuance or renewal of an
escort chauffeur’s license for any one or more of the following reasons:
      (1)   the making of a false statement as to a material matter in an
application for a license, license renewal, or in a hearing concerning the
license;
      (2)   conviction of applicant or licensee for a violation of a provision
of this article or for a felony or an offense involving theft, fraud, or
unlawfully carrying a weapon within the preceding five years;
      (3)   revocation of an escort chauffeur’s license of the applicant within
five years preceding application;
      (4)   conviction of the licensee or applicant of four moving traffic
violations within a 12 month period or of driving while intoxicated within the
preceding five years;
      (5)   failure of applicant to present a valid Texas motor vehicle
operator’s license with motorcycle endorsement. (Ord. 14584)
SEC. 28-175.   SAME - REVOCATION.
   (a)   The chief of police shall revoke an escort chauffeur’s license for one
or more of the following reasons:
      (1)   the making of a false statement as to a material matter in an
application for a license, license renewal, or in a hearing concerning the
license;
      (2)   conviction of the licensee for a violation of a provision of this
article or for a felony or an offense involving violence, theft, fraud,
deception, dishonesty, or unlawfully carrying a weapon;
      (3)   conviction, during the term, of the licensee of four moving traffic
violations, or of driving while intoxicated;
      (4)   failure of licensee to maintain a valid Texas motor vehicle
operator’s license with motorcycle endorsement.
   (b)   Written notice of revocation shall be sent by the chief of police to
the licensee by certified mail, return receipt requested, setting forth the
reasons for the revocation. (Ord. 14584)
SEC. 28-176.   SAME - APPEAL FROM REFUSAL TO ISSUE OR RENEW; FROM DECISION TO
REVOKE.
   If the chief of police refuses to issue a license to an applicant or revokes
the license of a licensee, 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. 14584; 18200)
SEC. 28-177.   SAME - FEE, FINGERPRINTS AND PHOTOGRAPH; NONTRANSFERABLE.
   After the application for an escort chauffeur’s license has been approved,
and the applicant has submitted to fingerprinting by the police department, the
director of finance of the city shall issue an escort chauffeur’s license to
the applicant upon payment of a fee of $50. An escort chauffeur’s license shall
expire one year from the date of issuance and shall not be transferable;
however, the holder may use the same license if he changes employment from one
motor vehicle escort agency to another. (Ord. Nos. 14584; 18411)
SEC. 28-178.   SAME - TO BE CARRIED ON PERSON.
   A person engaged in furnishing private motor vehicle escort service for hire
shall carry his escort chauffeur’s license on his person and shall show it to
any city police officer upon demand. (Ord. 14584)
SEC. 28-179.   EMPLOYMENT OF QUALIFIED OPERATORS RESPONSIBILITY OF OWNER.
   The owner of a private motor vehicle escort agency shall employ as escort
guides only those persons who are physically and mentally capable to operate a
motorcycle for hire and who are 18 years of age or over. It shall be the
responsibility of the private motor vehicle escort agency to select competent
operators for escort vehicles. An owner of an escort agency shall not employ
any person as a motor vehicle escort guide who does not hold a valid Texas
operator’s license with motorcycle endorsement and an escort chauffeur’s
license. (Ord. 14584)
SEC. 28-180.   POLICE OFFICERS MAY FURNISH ESCORTS.
   Nothing contained in this article shall be construed to prohibit regularly
employed officers or deputies of the department of public safety, county
sheriff, or police department from escorting funeral corteges or oversized,
overlength, or overwidth vehicles upon the streets and roadways of the city,
when assigned as an official duty by their respective departments. (Ord. 14584)
SEC. 28-181.   ESCORTS FOR FUNERAL CORTEGE NOT REQUIRED.
   Nothing contained in this article shall be construed as requiring funeral
directors or any other person conducting funerals to contract, hire, or employ
a private motor vehicle escort service to guide or escort a funeral cortege in
the city. (Ord. 14584)
SEC. 28-182.   REQUIREMENTS FOR MOTOR VEHICLES USED IN ESCORT SERVICE.
   A funeral escort guide, engaged in furnishing an escort, must use either a
two-wheel or three-wheel motorcycle which is in good mechanical condition and
equipped with two lamps that display an amber or a blue light visible from
directly in front of the center of the motorcycle. These lamps shall be in
addition to those required by state law. An escort vehicle shall not be
equipped with a siren. Decals, placards, signs, and insignias which resemble
official police officer’s badges or which bear the words “Police”, “Official”,
or “Officer” shall not be used on the motorcycles nor shall the motorcycles be
painted a color resembling the color of motorcycles used by the city police
department. No additional equipment may be added after inspection by the police
department unless the motorcycle is reinspected and approved before use. A
motor vehicle used in performing escort services shall be subject to inspection
at any time by the chief of police or his authorized representative. (Ord. Nos.
14584; 17640; 17817)
SEC. 28-183.   FUNERAL ESCORT GUIDES; UNIFORM AND EQUIPMENT REQUIREMENTS.
   A funeral escort guide shall wear a uniform approved by the chief of police.
The uniform shall not resemble in pattern, design, or color that worn by the
regular police officers of the city. Funeral escort guides may wear a badge and
cap wreath if they desire; provided, that the badge or wreath does not resemble
the official police officer’s badge or bear the words “Police” or “Officer”.
Noncommissioned officers’ stripes or commissioned officers’ bars or insignia
denoting a rank shall not be worn on the uniform. Funeral escort guides shall
not wear a holster, handcuff case or cartridge case. A whistle or flash light
baton may be used at the discretion of the escort guide. An escort guide shall
not have on his person or on or about his escort vehicle any weapon declared to
be unlawful by the statutes of the state; provided, however, that peace
officers of the city, county, and the state, who may be licensed as escort
guides may carry authorized weapons concealed on or about their person or
escort vehicle while engaged as a motor vehicle escort guide. (Ord. 14584)
SEC. 28-184.   OPERATING PROCEDURES.
   (a)   A motor vehicle escort guide shall not engage in a funeral escort
service other than that of escorting a funeral procession, consisting of the
hearse and cortege from the funeral home, the home of the deceased, or the home
of the deceased’s family to the place of service and from the place of service
to the place of interment. If a funeral procession enters a roadway,
expressway, or freeway which has a minimum posted speed limit, the motor
vehicle escort guide shall cease the escort before the procession enters the
roadway, expressway or freeway and resume the escort after the procession exits
the roadway, expressway, or freeway.
   (b)   A motor vehicle escort guide may escort overheight, overlength, or
overwidth vehicles or loads as defined in the State Traffic Code, but only
after the chief of police has been notified of each individual escort. The
chief of police shall have the authority to designate the route and time of the
escort.
   (c)   A licensed motor vehicle escort guide is authorized to lead funeral
processions within the city when the procession has been properly identified by
the display of a pennant upon the outside of the lead vehicle and the hearse,
and all other vehicles have their headlights turned on.
   (d)   All motor vehicles in an escorted funeral procession which have been
properly designated shall have the right of way over all other vehicles, except
fire apparatus, ambulances, and police vehicles at any roadway intersection
within the city, and the procession may be escorted through stop signs or
signalized intersections without stopping, but the drivers of the motor
vehicles shall exercise due regard for the safety of all approaching vehicles,
and funeral processions being escorted shall be subject at all times to the
control of police officers of the city. This subsection shall not apply to
overheight, overlength, or overwidth vehicles or loads as defined in the State
Traffic Code, which shall obey all traffic laws and traffic control devices.
   (e)   Funeral processions shall travel as closely to the right edge of the
roadway as practical and at a safe and prudent speed.
   (f)   A funeral procession shall not enter or travel upon any roadway,
expressway, or freeway which has a minimum posted speed limit between the hours
of 7:00 a.m. and 9:00 a.m. or between the hours of 4:00 p.m. and 6:30 p.m.,
Monday through Friday. This subsection does not apply on a legal holiday. The
funeral procession shall obey all traffic laws while on a roadway, expressway,
or freeway which has a minimum posted speed limit.
   (g)   Funeral processions shall not proceed through the downtown business
district bordered by San Jacinto Street on the north, Wood Street on the south,
Hawkins Street on the east and Market Street on the west.
   (h)   Funeral escort guides shall not stop traffic approaching from the
opposite direction or force or direct traffic to move off the roadway; however,
oncoming traffic may be stopped at intersections and other places to assist the
cortege in making left turns. (Ord. Nos. 14584; 15648)
SEC. 28-185.   ADVERTISEMENTS; LIMITATIONS.
   A person engaged in the business of furnishing private motor vehicle escorts
for hire or an employee of a private motor vehicle escort agency shall not
distribute, present, or give away cards, handbills, or printed matter of any
kind which bear the words “Police”, “Official,” or “Officer” in conjunction
with advertising an escort service. Nor shall any advertisement state, imply,
or misrepresent that a private motor vehicle escort service is required by the
police department, the city or by any of its ordinances. (Ord. 14584)
ARTICLE XVI.
PARADES.
SEC. 28-186.   DEFINITIONS.
   In this article:
      (1)   APPLICANT means a person who has filed a written application for a
parade permit.
      (2)   CHIEF OF POLICE means the chief of police for the city of Dallas,
and his designated agent.
      (3)   CITY means the city of Dallas, Texas.
      (4)   PARADE means the assembly of three or more persons whose gathering
is for the common design and purpose of travelling or marching in procession
from one location to any other location to express feelings and beliefs on
current political, religious, or social issues.
      (5)   PARADE PERMIT means written approval from the chief of police for a
parade or procession.
      (6)   PERMITTEE means the person to whom a parade permit is granted
pursuant to this article.
      (7)   PERSON means any individual, assumed named entity, partnership,
association, corporation or organization.
      (8)   SIDEWALK means that portion of a street intended for the use of
pedestrians that is located between the curb lines, or lateral lines of a
roadway, and the adjacent property lines.
      (9)   STREET means the entire width between the boundary lines of every
way publicly maintained, when any part is open to the use of the public for
purposes of vehicular travel. (Ord. Nos. 14584; 19869)
SEC. 28-187.   PERMIT REQUIRED; EXCEPTIONS.
   (a)   A person commits an offense if he engages in, participates in, aids,
or commences a pedestrian parade or vehicular parade, or a combination of both,
upon the streets of the city without making written application for and
receiving a parade permit from the chief of police.
   (b)   Application for a parade permit for a parade of more than 25 persons
or more than three motor vehicles shall be made not less than five days,
excluding Saturdays, Sundays, and legal holidays, prior to the date and time of
the commencement of the parade. Application for a parade permit for a parade of
25 persons or less and three motor vehicles or less shall be made not less than
48 hours prior to the time of the commencement of the parade.
   (c)   No parade permit shall be required under this article for the
following:
      (1)   The armed forces of the United States of America, the military
forces of the State of Texas, and the forces of the police and fire departments
acting within the scope of their duties.
      (2)   A funeral procession proceeding by vehicle under the most
reasonable route from a funeral home, church, or residence of a deceased to the
place of service or place of interment.
      (3)   A peaceful demonstration at a fixed location which is not a street.
      (4)   A sidewalk procession which observes and complies with traffic
regulations and traffic control devices, using that portion of a sidewalk
nearest the street, but at no time using more than one-half of the sidewalk.
      (5)   A special event parade, as defined in Section
42A-1(7) of this code, for which a special event permit has been issued under
Chapter 42A of this code. (Ord. Nos. 14584; 19869)
SEC. 28-188.   APPLICATION FOR PARADE PERMIT; FEE.
   (a)   The application for a parade permit shall contain the following
information and be signed by the applicant and sworn to before an officer
authorized to administer oaths:
      (1)   The name, address, and telephone number of the applicant and of any
other person, organization, firm, or corporation on whose behalf the
application is made.
      (2)   The date and time of day requested for the parade.
      (3)   The parade’s commencement time, the specific route to be travelled,
and the starting and termination points.
      (4)   The estimated number of persons to participate in the parade and
the estimated number of animals that will be used.
      (5)   The estimated number, if any, of animals and riders, animal-drawn
vehicles, floats, motor vehicles, motorized displays, and marching units or
organizations such as bands, color guards, and drill teams.
   (b)   An application for a parade permit must be accompanied by a
nonrefundable application fee of $25. The chief of police may waive the
application fee if he finds, in response to an affidavit by the applicant, that
the applicant is unable to pay the application fee because of indigence. (Ord.
Nos. 14584; 19869)
SEC. 28-189.   ISSUANCE OF PARADE PERMIT.
   (a)   Upon receipt of an application for a parade permit, the chief of
police shall furnish to the applicant within three days, excluding Saturdays,
Sundays, and legal holidays, appropriate approval or denial of the permit.
   (b)   Should the application for a parade permit reveal that the parade
route requested will interfere with the orderly flow of vehicular and
pedestrian traffic, the chief of police shall have authority to establish a
reasonable alternate route and regulate the width of the parade. (Ord. Nos.
14584; 19869)
SEC. 28-190.   DENIAL OF PARADE PERMIT.
   The chief of police shall deny a parade permit when the parade for which the
permit is requested would:
      (1)   cross or use as a route, or as part of a route, any of the
following:
         (A)   Central Expressway
         (B)   Central Expressway (Elevated Bypass)
         (C)   Pearl Expressway
         (D)   C. F. Hawn Freeway
         (E)   John W. Carpenter Freeway
         (F)   Julius Schepps Freeway
         (G)   Lyndon B. Johnson Freeway
         (H)   Marvin D. Love Freeway
         (I)   R. L. Thornton Freeway
         (J)   Stemmons Freeway
         (K)   Walton Walker Boulevard
         (L)   Any street on which a parking ban is imposed, during the
enumerated hours of the parking ban;
   (2)   begin during, or within two hours after the end of, a parade for which
a permit has been granted and follow a route that passes within one-half mile
of any point of the route of the parade for which a permit has been granted; or
   (3)   unreasonably disrupt the orderly flow of traffic and no reasonable
means of rerouting traffic or otherwise meeting traffic needs is available.
(Ord. Nos. 14584; 15194; 19869)
SEC. 28-191.   REVOCATION OF PARADE PERMIT.
   The chief of police shall revoke a parade permit if:
      (1)   the parade fails to begin within 30 minutes of the appointed time
of commencement; or
      (2)   the information contained in the application for a parade permit is
found to be false in any material detail. (Ord. Nos. 14584; 19869)
SEC. 28-192.   APPEAL OF DENIAL OR REVOCATION OF PARADE PERMIT.
   If the chief of police denies or revokes a parade permit, this action shall
be final unless the applicant or permittee shall, within two days after the
receipt of notice of the denial or revocation, file with the city manager a
written appeal. The city manager shall, within 24 hours 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 denial or revocation.
The decision of the city manager shall be final. (Ord. Nos. 14584; 19869)
ARTICLE XVII.
STREETCAR REGULATIONS.
SEC. 28-193.   DEFINITIONS.
   In this article:
   (1)   LOADING AND UNLOADING means the transfer of persons or property
between a vehicle or streetcar and the curb, or between a vehicle or streetcar
and a nearby building.
   (2)   MOTORMAN means an employee of a streetcar company who controls the
movement of a streetcar.
   (3)   STREETCAR means a vehicle used for transporting persons or property
that is operated upon rails within a public right-of-way and can be either
self-powered or powered by overhead electrical cables. A trolley is considered
a streetcar for the purposes of this chapter.
   (4)   STREETCAR COMPANY means any person licensed by the city to operate a
streetcar within the city.
   (5)   STREETCAR STOP means an area in the public right-of-way reserved for
the exclusive use of streetcars during the loading or unloading of passengers
or property.
   (6)   STREET RAILROAD means any rail or appurtenance located within a public
right-of-way that is authorized by the city to be used for streetcars. (Ord.
Nos. 20329; 32488)
SEC. 28-194.   AUTHORITY OF THE DIRECTOR OF TRANSPORTATION.
   The director of transportation shall administer and enforce this article and
otherwise exercise direction and control over the operation of all streetcars
in the city in accordance with city ordinances, the city charter, and other
applicable law and with any license issued to a streetcar company by the city.
(Ord. Nos. 20329; 22026; 28424; 30239; 30654)
SEC. 28-195.   OPERATION OF STREETCARS AND OTHER VEHICLES.
   (a)   When overtaking and passing on the right side of a streetcar that is
approaching or stopped at a designated streetcar stop, a driver of a vehicle
shall stop at least five feet from the rear of the streetcar and proceed only
when safe, allowing pedestrians the right- of-way.
   (b)   A person commits an offense if he stops, stands, or parks any vehicle
other than a streetcar at a designated streetcar stop or between the right curb
and a designated streetcar stop.
   (c)   An operator of a streetcar may not stop the streetcar at any location
other than a designated streetcar stop, except in an emergency or when
complying with other traffic regulations. Streetcar passengers shall be loaded
and unloaded only at a designated streetcar stop. (Ord. 20329)
SEC. 28-196.   UNLAWFUL CONDUCT ON OR NEAR A STREETCAR.
   (a)   A person commits an offense if he:
      (1)   boards, alights, clings to the outside of, or otherwise makes or
attempts to make unsafe contact with a moving streetcar; or
      (2)   rides upon any portion of a streetcar not designated or intended
for the use of passengers.
   (b)   It is a defense to prosecution under Subsection (a) that the person
was an employee of the streetcar company in the performance of official duties.
(Ord. 20329)
SEC. 28-197.   SMOKING, EATING, AND DRINKING PROHIBITED ON A STREETCAR.
   A person commits an offense if he:
      (1)   smokes or possesses any burning tobacco, weed, or other plant
product on any streetcar;
      (2)   consumes an alcoholic beverage, illegal drug, or other intoxicating
substance, or possesses any open container of such substance, on any streetcar;
      (3)   consumes any food product, either solid or liquid, on any streetcar
while it is being operated in regularly scheduled service to the general
public. (Ord. 20329)
SEC. 28-198.   OBSTRUCTING TRACKS; DEFACING OR DISTURBING PROPERTY.
   A person commits an offense if, without the consent of the owner or
designated agent of a streetcar company, he:
      (1)   encumbers or obstructs, or throws, places, or leaves any impediment
upon, any street railroad within the city; or
      (2)   defaces, displaces, or disturbs in any manner any car, coach,
switch, turntable, track, pole, wire, building, or other property or equipment
of a street railroad or streetcar company. (Ord. 20329)
SEC. 28-199.   POLICE ASSISTANCE REQUIRED.
   Whenever a passenger or other person presents a threat to the safety of the
motorman or any passenger, a streetcar shall be stopped at the next designated
streetcar stop and the police summoned. (Ord. 20329)
ARTICLE XVIII.
LIGHT RAIL TRANSIT SYSTEM.
SEC. 28-200.   DEFINITIONS.
   In this article:
   (1)   DART means Dallas Area Rapid Transit.
   (2)   FIXED GUIDEWAY means the supporting physical structure in or upon
which light rail vehicles travel, including, but not limited to, the trackway
and associated structures and equipment required for the operation of the light
rail transit system.
   (3)   LIGHT RAIL TRANSIT STATION means an area reserved for the exclusive
use of the light rail transit system for the purpose of loading and unloading
passengers or property.
   (4)   LIGHT RAIL TRANSIT SYSTEM means a public transportation system
operated by DART that consists of conventional rail technology using an
overhead power source and that is capable of running at grade, on an aerial
guideway, or in a subway, as warranted.
   (5)   LIGHT RAIL VEHICLE means an electrically- propelled passenger-carrying
rail vehicle that operates on the fixed guideway of the light rail transit
system.
   (6)   LOADING AND UNLOADING means the transfer of persons or property
between a light rail vehicle and a transit station.
   (7)   TRANSIT CORRIDOR means the light rail transit system alignment known
as the South Oak Cliff Line that operates within the center median of Lancaster
Road from approximately 800 feet north of Illinois Avenue to Ledbetter Drive,
after which point it crosses the southbound lane of Lancaster Road and ends at
the light rail transit station located on the southwest corner of the
intersection of Lancaster Road and Ledbetter Drive.
   (8)   TRANSITWAY MALL means the light rail transit system alignment in the
central business district that is located within the right-of-way lines of the
following described streets:
      (A)   Hawkins Street from approximately 150 feet north of Routh Street to
Bryan Street;
      (B)   Bryan Street from Hawkins Street to Akard Street; and
      (C)   Pacific Avenue from Akard Street to approximately 50 feet west of
Houston Street.
   (9)   SAFETY QUADRANT means that portion of each corner lot located within
or abutting the transitway mall, whether composed of public or private property
or both, that is contained within an area forming a quadrant of a circle having
a 30-foot radius when measured from the point of intersection of adjacent
street curb lines or, if there are not street curbs, what would be the normal
street curb lines. (Ord. 22763)
SEC. 28-201.   OPERATION OF VEHICLES IN THE TRANSITWAY MALL AND TRANSIT
CORRIDOR.
   (a)   The transitway mall and the transit corridor are for the exclusive use
of light rail vehicles. The right-of-way on each side of the transit corridor
will be used for the operation of other vehicles.
   (b)   A person commits an offense if he:
      (1)   stops, stands, or parks any vehicle, other than a light rail
vehicle, within the transitway mall or transit corridor; or
      (2)   operates any vehicle, other than a light rail transit vehicle, in
any area within the transitway mall or transit corridor.
   (c)   It is a defense to prosecution under Subsection (b)(1) or (2) of this
section that the vehicle was:
      (1)   being operated by an employee of the city or DART in the
performance of official duties;
      (2)   an authorized emergency vehicle;
      (3)   a department of transportation, maintenance, utility, or service
vehicle authorized by the city and DART to operate within the transit mall or
transit corridor; or
      (4)   being operated in compliance with a valid permit issued by the city
and approved by DART.
   (d)   It is a defense to prosecution under Subsection (b)(2) of this section
that the vehicle was:
      (1)   crossing the transitway mall or transit corridor on a street
designated for through traffic; or
      (2)   entering or exiting a private parking area with direct ingress or
egress to or from the transitway mall, if the vehicle:
         (A)   was being operated in compliance with all speed, directional,
and traffic control signs, devices, laws, and regulations applicable to the
transitway mall; and
         (B)   at no time was operated on or across the fixed guideway of the
transitway mall. (Ord. Nos. 22763; 30239; 30654)
SEC. 28-202.   TRANSITWAY MALL SAFETY QUADRANTS.
   (a)   A person commits an offense if, within a safety quadrant, he:
      (1)   erects, places, or maintains any structure, berm, plant life, or
other item; or
      (2)   sells, offers for sale, or distributes any goods or services,
including, but not limited to, food, drinks, flowers, plants, tickets,
souvenirs, or handbills.
   (b)   It is a defense to prosecution under Subsection (a)(1) that the item
was:
      (1)   a directional, warning, traffic control, or other official sign or
device authorized under city, state, or federal law; or
      (2)   street hardware authorized by the city and DART, including, but not
limited to, street lights, benches, garbage receptacles, and other existing and
planned transitway mall design elements. (Ord. 22763)
ARTICLE XIX.
SPECTATORS PROHIBITED AT STREET RACES AND RECKLESS DRIVING EXHIBITIONS.
Division 1. Definitions.
SEC. 28-203. DEFINITIONS.
   In this article:
   (1)   DAYS means calendar days including weekends and holidays.
   (2)   IMMEDIATE FAMILY means spouse, father, mother, sister, or brother by
consanguinity or affinity.
   (3)   LEGAL OWNER means a person who has a property interest in or title to
a motor vehicle as defined in Section 541.001 of the Texas Transportation Code,
as amended.
   (4)   OFF-STREET PARKING FACILITY means any public or private off-street
parking area open for use by the public for parking vehicles, other than a
private residential property or the parking area of a garage or parking lot for
which a charge is made for the storing or parking of vehicles.
   (5)   PREPARATIONS for a street race or reckless driving exhibition include,
but are not limited to, any of the following acts knowingly done for the
purpose of causing a street race or reckless driving exhibition:
      (A)   one or more motor vehicles and persons at a predetermined location
on a public street, highway, or off-street parking facility;
      (B)   one or more persons gathered on, or adjacent to, a public street or
highway;
      (C)   one or more persons gathered in an off-street parking facility;
      (D)   one or more persons impeding the free public use of a public
street, highway, or off-street parking facility by acts, words, or physical
barriers;
      (E)   one or more motor vehicles lined up on a public street, highway, or
off-street parking facility with motors running, impeding the free public use
of a public street, highway, or off-street parking facility or being a physical
barrier;
      (F)   one or more drivers revving a motor vehicle's engine or causing the
motor vehicle's tires to spin; or
      (G)   a person is standing or sitting in a location to act as a race
starter.
   (6)   RECKLESS DRIVING EXHIBITION means any exhibition of reckless driving
as defined in Section 545.401 of the Texas Transportation Code, as amended.
   (7)   REGISTERED OWNER means a person registered by the Texas Department of
Motor Vehicles.
   (8)   SPECTATOR means any person who is present at a street race, reckless
driving exhibition, or the site of the preparations for either of these events,
when such presence is the result of an affirmative choice for the purpose of
viewing, observing, watching, betting, gambling, recording, transmitting, or
witnessing the event as it progresses.
   (9)   STREET RACE means any motor vehicle race, speed contest, drag race,
acceleration contest, or test of physical endurance of the operator of a motor
vehicle as defined in Section 545.420 of the Texas Transportation Code, as
amended. (Ord. 31540)
Division 2. Spectators Prohibited at Street Races and Reckless Driving
Exhibitions.
SEC. 28-204. SPECTATORS PROHIBITED AT STREET RACES AND RECKLESS DRIVING
EXHIBITIONS.
   (a)   In general. It shall be unlawful for any person to be knowingly
present as a spectator:
      (1)   at a street race conducted on a public street or highway;
      (2)    at a reckless driving exhibition conducted on a public street,
highway, or off-street parking facility;
      (3)   where preparations are being made for a street race conducted on a
public street or highway; or
      (4)   where preparations are being made for a reckless driving exhibition
conducted on a public street, highway, or in an off-street parking facility.
   (b)   Exemption. Nothing in this section prohibits law enforcement officers
or their agents who are acting in the course of their official duties, or media
or news personnel who are reporting on the event from being spectators at a
street race or reckless driving exhibition, or spectators at the location of
preparations for either of these activities. (Ord. 31540)
SEC. 28-205. PENALTY.
   (a)   Any person who violates any provision of this article is guilty of an
offense.
   (b)   An offense under this article is punishable by a criminal 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 the code. (Ord. 31540)
Division 3. Abatement of Nuisance Vehicles Engaged in Street Races
or Reckless Driving Exhibition.
SEC. 28-206. DECLARATION AND ABATEMENT OF NUISANCE VEHICLES.
   A motor vehicle shall be declared a nuisance and abated subject to this
division if:
      (1)   the motor vehicle is used in a street race or exhibition of
reckless driving;
      (2)   the driver or passenger is one of the following:
         (A)   the registered owner of the vehicle at the time of the
violation;
         (B)   a member of the registered owner's immediate family at the time
of the violation; or
         (C)   lives at the same address as the registered owner at the time of
the violation; and
      (3)   the driver or passenger described in Paragraph (2) has:
         (A)   used the motor vehicle in a previous incident for a street race
or reckless driving exhibition;
         (B)   used the motor vehicle in a street race or reckless driving
exhibition that resulted in property damage or bodily injury to another;
         (C)   a previous misdemeanor conviction for fleeing or attempting to
elude a police officer pursuant to Section 545.421 of the Texas Transportation
Code;
         (D)   a previous misdemeanor conviction for reckless driving pursuant
to Section 545.401 of the Texas Transportation Code; or
         (E)   a previous misdemeanor or felony conviction for racing on
highway pursuant to Section 545.420 of the Texas Transportation Code. (Ord.
31540)
SEC. 28-207. NOTICE OF NUISANCE AND ABATEMENT TO LEGAL AND REGISTERED OWNERS
AND LIENHOLDERS.
   (a)   In general. When a street racing or reckless driving exhibition
violation occurs causing a vehicle to be declared a nuisance and subject to
abatement under this division, the chief of police shall ascertain from the
Texas Department of Motor Vehicles the names and addresses of all legal and
registered owners and any lienholder of record of that vehicle.
   (b)   Notice of nuisance and abatement. The chief of police shall send a
notice by certified mail, return receipt requested, to all legal and registered
owners and any lienholder of record of the vehicle proposed for abatement. The
notice shall be sent to the addresses obtained from the Texas Department of
Motor Vehicles.
   (c)   Personal service of notice of nuisance and abatement. If a legal or
registered owner or lienholder of record was personally served a notice at the
time of the violation which caused a vehicle to be subject to abatement under
this division, and the notice contains all the information required to be
provided by this section, no further notice is required to be sent to that
owner. However, a notice must still be sent to any other current legal or
registered owners or lienholders of record of the vehicle, if any.
   (d)   Contents of the notice. The notice must contain the following:
      (1)   Statement informing legal and registered owners and any lienholder
of record of the vehicle that the vehicle will be declared a nuisance and
abated by the city subject to
Chapter 28, Article XIX, Division 2 of the Dallas City Code, and will be sold
or otherwise disposed of pursuant to this division;
      (2)   A description of the vehicle including, if available, the year,
make, model, license plate number, and vehicle identification number;
      (3)   Instructions for filing a response opposing the nuisance and
abatement with the city attorney and the time limits for filing the response.
(Ord. 31540)
SEC. 28-208. ADMINISTRATIVE ABATEMENT OF NUISANCE.
   (a)   If no responses opposing the nuisance and abatement are filed and
served within 15 days of the mailing of the notice pursuant to Section 28-207
(b) or within five days of personal service of the notice pursuant to Section
28-207(c), the city attorney shall submit a motion for default judgment for the
nuisance and abatement of the vehicle by the city.
   (b)   A copy of the motion and order of the nuisance and abatement must be
provided on written request to any person informed of the pending abatement
pursuant to Section 28-207.
   (c)   A response opposing the abatement that is filed and later withdrawn by
the claimant will be deemed to not have been filed. (Ord. 31540)
SEC. 28-209. JUDICIAL ABATEMENT OF NUISANCE PROCEEDINGS.
   (a)   If a response opposing abatement is timely filed and served with the
city attorney, then the city attorney shall file a petition for nuisance and
abatement with the appropriate court within 10 days of the receipt of the
response.
   (b)   The city attorney shall request a hearing date and send notice to the
legal or registered owner and any lienholder of record.
   (c)   The court filing fee established by the court, not to exceed $50,
shall be paid by the claimant made payable to the city, but shall be reimbursed
by the city if the claimant prevails.
   (d)   The filing of a response opposing abatement within the time limit
specified in this section is considered a jurisdictional prerequisite for
initiating a nuisance and abatement proceeding. A proceeding in the civil case
is a limited civil case. The city attorney shall have the burden of proof that
the vehicle constituted a nuisance pursuant to this chapter by a preponderance
of the evidence. All questions that may arise must be decided by the court and
all other proceedings must be conducted as in an ordinary civil action. A
judgment of abatement does not require as a condition precedent the conviction
of a defendant for the current violation which gave rise to the nuisance and
caused these abatement proceedings to be initiated. (Ord. 31540)
SEC. 28-210. JOINT PROPERTY INTEREST RELEASE.
   If at the time of the violation there is a joint property interest in the
vehicle to be abated, and at the time of the violation the vehicle is the only
vehicle available to the registered owner's immediate family that may be
operated with a valid class C driver's license, the vehicle may not be abated
upon compliance with all of the following requirements:
      (1)   The registered owner or the joint property interest owner requests
release of the vehicle and the owner of the joint property interest submits
proof of that interest;
      (2)   The registered owner or the joint property interest owner submits
proof that the vehicle is properly registered pursuant to the Texas
Transportation Code;
      (3)   All towing and storage charges and any administrative charges
authorized pursuant to Section 2303.155 of the Texas Administrative Code and
Section
48A-43 of the Dallas City Code are paid; and
      (4)   The registered owner and the joint property interest owner sign a
stipulated vehicle release agreement, as described in Section 28-211, in
consideration for the release of the vehicle. (Ord. 31540)
SEC. 28-211. STIPULATED VEHICLE RELEASE AGREEMENT.
   (a)   A stipulated vehicle release agreement must provide for the consent of
the signers to the automatic future abatement and transfer of title to the city
of any vehicle registered to that person, if the vehicle is used in a street
race or exhibition of reckless driving. The agreement must be in effect for
five years from the date of signing and must be maintained by the chief of
police.
   (b)   No vehicle may be released pursuant to Section 28-210 if the chief of
police has on file a prior stipulated vehicle release agreement signed by that
person within the previous five years. (Ord. 31540)
SEC. 28-212. VEHICLE TITLE VESTING IN THE CITY.
   All right, title, and interest in the vehicle vests in the city upon
commission of the act giving rise to the nuisance under this division. (Ord.
31540)
SEC. 28-213. SALE OF ABATED VEHICLE.
   (a)   Order of nuisance and abatement. Any vehicle declared a nuisance and
subject to abatement pursuant to this division must be sold once an order of
nuisance and abatement is issued by a court pursuant to Sections
28-208 or
28-209 unless the chief of police determines that the vehicle is necessary to
be utilized to further police operations in enforcing street racing or reckless
driving exhibitions violations or for any other law enforcement purposes.
   (b)   Public auction. The city shall offer the abated vehicle for sale at
public auction within 60 days of receiving title to the vehicle. Low value
vehicles must be disposed of pursuant to Section 28-214. (Ord. 31540)
SEC. 28-214. DISPOSITION OF LOW- VALUE VEHICLES.
   If the chief of police determines that the abated vehicle to be sold
pursuant to this division is of so little value that it cannot readily be sold
to the public generally, the vehicle must be conveyed to a licensed dismantler
or donated to a charitable organization. License plates must be removed from
any vehicle conveyed to a dismantler pursuant to this section. (Ord. 31540)
SEC. 28-215. DISTRIBUTION OF SALE PROCEEDS.
   The proceeds of a sale of an abated vehicle must be disposed of in the
following priority:
      (1)   To satisfy the towing and storage costs following impoundment, the
costs of providing notice pursuant to Section
28-207 the costs of sale, and the costs and fees associated with the judicial
proceedings, if any;
      (2)   To the holder of any subordinate lien or encumbrance on the
vehicle, other than a registered or legal owner, to satisfy any indebtedness so
secured if written notification of demand is received before distribution of
the proceeds is completed. The holder of a subordinate lien or encumbrance, if
requested, shall furnish reasonable proof of its interest and, unless it does
so upon request, is not entitled to distribution; then,
      (3)    The remaining proceeds shall be transferred to the City of Dallas
Police Department for the enforcement of street racing and reckless driving
exhibition violations. (Ord. 31540)
SEC. 28-216.      ACCOUNTING OF SALE PROCEEDS.
   The person conducting the sale shall disburse the proceeds of the sale as
provided in Section
28-215 and shall provide a written accounting regarding the disposition to the
chief of police and, on request, to any person entitled to a share of the
proceeds or to any person validly claiming a share of the proceeds, as
determined by the chief of police, within 15 days after the sale is conducted.
(Ord. 31540)
SEC. 28-217. STOLEN VEHICLES.
   No vehicle may be sold pursuant to this division if the chief of police
determines that the vehicle was stolen. In this event, the vehicle may be
claimed by the registered owner or lienholder of record at any time after
impoundment, provided the vehicle registration is current and the registered
owner has no outstanding traffic violations or parking penalties on his or her
driving record or on the registration record of any vehicle registered to the
person. If the identity of the legal and registered owners or lienholder of
record of the vehicle cannot be reasonably ascertained, the vehicle may be
sold. (Ord. 31540)
SEC. 28-218. INNOCENT OWNER REMEDY.
   Any owner of a vehicle who suffers any loss due to the abatement of any
vehicle pursuant to this division may recover the amount of the loss from the
person who violated Texas Transportation Code Sections 545.401 or 545.420,
which gave rise to the nuisance under this division. (Ord. 31540)
SEC. 28-219. TOWING AND STORAGE FEES.
   Charges for towing and storage for any vehicle impounded pursuant to this
division must not exceed the normal towing and storage rates for other vehicle
towing and storage conducted by the chief of police in the normal course of
business. (Ord. 31540)
Division 4. Aiding Street Racing or Reckless Driving Exhibitions.
SEC. 28-219.1. AIDING STREET RACING AND RECKLESS DRIVING EXHIBITIONS.
   (a)   A person commits an offense if he knowingly allows street racing,
reckless driving exhibitions, or preparations for street racing or reckless
driving exhibitions to occur on the premises that the person owns, operates, or
controls.
   (b)   It is a defense to prosecution under this section if the person who
owns, operates, or controls the premises within 10 days of receiving a citation
pursuant to this section:
      (1)   submits a criminal trespass affidavit; and
      (2)   takes reasonable and appropriate measures to make the property
inaccessible to the public during non-business hours. (Ord. 31540)
ARTICLE XX.
PHOTOGRAPHIC ENFORCEMENT AND ADMINISTRATIVE ADJUDICATION OF SCHOOL BUS STOP ARM
VIOLATIONS.
Division 1. Generally.
SEC. 28-220.   DEFINITIONS.
   In this article:
      (1)   AUTOMATED SCHOOL BUS STOP ARM ENFORCEMENT PROGRAM means the
installation of photographic school bus stop arm enforcement systems on school
buses operated within the city for the purpose of reducing school bus stop arm
violations and injuries to students citywide.
      (2)   CAMERA-ENFORCED SCHOOL BUS means a school bus equipped with a
photographic school bus stop arm enforcement system.
      (3)   DATE OF ISSUANCE means the date that a civil school bus stop arm
citation is mailed in accordance with this article.
      (4)   DEPARTMENT means the department of the city designated by the city
manager to enforce and administer this article, or the department’s designated
representative.
      (5)   DIRECTOR means the director of the department or the director’s
authorized representative.
      (6)   OWNER means:
         (A)   the owner of a motor vehicle as shown on the motor vehicle
registration records of the Texas Department of Transportation or the analogous
department or agency of another state or country;
         (B)   the person named under Section
28-224(d) or (g) as the lessee of the motor vehicle at the time of a school bus
stop arm violation; or
         (C)   the person named under Section
28-224(h) as holding legal title to the motor vehicle at the time of a school
bus stop arm violation.
      (7)   PHOTOGRAPHIC SCHOOL BUS STOP ARM ENFORCEMENT SYSTEM means a system
that:
         (A)   consists of cameras installed on the exterior of a school bus
that work in conjunction with an automatic stop arm on the school bus, which
stop arm, along with flashing warning lights and other equipment required by
Section 547.701(c) of the Texas Transportation Code, as amended, warns drivers
that the school bus is stopped for the purpose of loading or unloading
students; and
         (B)   is capable of producing a recorded image depicting the license
plate attached to the front or the rear of a motor vehicle that passes the
school bus in violation of Section
28-224 of this article.
      (8)   RECORDED IMAGE means a photographic or digital image recorded by a
photographic school bus stop arm enforcement system that depicts the front or
the rear of a motor vehicle.
      (9)   SCHOOL BUS has the meaning given that term in Section 541.201 of
the Texas Transportation Code, as amended.
      (10)   SCHOOL BUS STOP ARM VIOLATION or CIVIL SCHOOL BUS STOP ARM
VIOLATION means a violation of Section
28-224 of this article.
      (11)   SCHOOL BUS STOP ARM CITATION or CIVIL SCHOOL BUS STOP ARM CITATION
means a citation for a school bus stop arm violation issued under this article.
(Ord. 28654)
SEC. 28-221.   GENERAL AUTHORITY AND DUTIES OF THE DIRECTOR AND DEPARTMENT.
   The department is responsible for the enforcement and administration of this
article. The director shall implement and enforce this article and may by
written order establish such rules or regulations, not inconsistent with this
article, as the director determines are necessary to discharge the director’s
duties under or to effect the policy of this article. (Ord. 28654)
SEC. 28-222.   ENFORCEMENT OFFICERS - POWERS, DUTIES, AND FUNCTIONS.
   (a)   The city manager or a designated representative shall appoint
enforcement officers to issue civil school bus stop arm citations.
   (b)   An enforcement officer shall have the following powers, duties, and
functions:
      (1)   To review recorded images from the photographic school bus stop arm
enforcement system to determine whether a school bus stop arm violation has
occurred.
      (2)   To order a school bus stop arm citation to be issued based on
evidence from the recorded images.
      (3)   To void recorded images due to lack of evidence or due to knowledge
that a defense described in Section
28-224 applies.
      (4)   To issue warnings in lieu of citations during acceptance testing of
the photographic school bus stop arm enforcement system or at any other time
prescribed by the director. (Ord. 28654)
SEC. 28-223.   HEARING OFFICERS - POWERS, DUTIES, AND FUNCTIONS.
   (a)   The city council shall designate hearing officers from a list of
persons recommended by the city manager, or a designated representative, to
administratively adjudicate all school bus stop arm violations for which a
civil school bus stop arm citation has been issued.
   (b)   A hearing officer shall have the following powers, duties, and
functions:
      (1)   To administer oaths.
      (2)   To accept admissions to, and to hear and determine contests of,
school bus stop arm violations under this article.
      (3)   To issue orders compelling the attendance of witnesses and the
production of documents, which orders may be enforced by a municipal court.
      (4)   To assess civil fines, penalties, and other costs for a school bus
stop arm violation in accordance with Section
28-231 of this article.
      (5)   To waive penalties assessed for a school bus stop arm violation in
accordance with Section
28-231 of this article. (Ord. 28654)
Division 2. Enforcement of School Bus Stop Arm Violations as Civil Offenses.
SEC. 28-224.   SCHOOL BUS STOP ARM VIOLATIONS AS CIVIL OFFENSES; DEFENSES;
PRESUMPTIONS.
   (a)   The owner of a motor vehicle that is operated in violation of Section
545.066 of the Texas Transportation Code, as amended, by passing a stopped
camera-enforced school bus displaying the visual signals required by Section
547.701(c) of the Texas Transportation Code, as amended, commits a civil
offense and is liable for a civil fine under this article.
   (b)   It is a defense to a charge of a school bus stop arm violation under
this section that:
      (1)   the school bus was not operating the visual signals required by
Section 547.701(c) of the Texas Transportation Code, as amended;
      (2)   the operator of the motor vehicle was acting in compliance with the
lawful order or direction of a peace officer;
      (3)   the operator of the motor vehicle was in the process of passing the
school bus before the school bus operated a visual signal described by Section
547.701(c) of the Texas Transportation Code, as amended;
      (4)   the operator of the motor vehicle passed the stopped school bus so
as to yield the right of way to an immediately approaching authorized emergency
vehicle;
      (5)   the motor vehicle was being operated as an authorized emergency
vehicle under Chapter 546 of the Texas Transportation Code, as amended, and the
operator was acting in compliance with that chapter;
      (6)   the motor vehicle was a stolen vehicle being operated by a person
other than the vehicle’s owner without the consent of the vehicle owner and
proof is submitted to the hearing officer that the theft of the motor vehicle
had been timely reported to the appropriate law enforcement agency;
      (7)   the license plate depicted in the recorded image of the school bus
stop arm violation was a stolen plate being displayed on a motor vehicle other
than the motor vehicle for which the plate had been issued and proof is
submitted to the hearing officer that the theft of the license plate had been
timely reported to the appropriate law enforcement agency; or
      (8)   the presence of ice, snow, unusual amounts of rain, or other
unusually hazardous road conditions existed that would have made compliance
with this section more dangerous under the circumstances than non-compliance.
   (c)   It is presumed that the registered owner of the vehicle depicted in
the recorded image of a school bus stop arm violation for which a school bus
stop arm citation is issued is the person who committed the school bus stop arm
violation. 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.
   (d)   A vehicle owner who is in the business of selling, renting, or leasing
vehicles will not be liable for the civil school bus stop arm fines, penalties,
and costs imposed by the city on a vehicle for sale or a rented or leased
vehicle if the vehicle owner presents evidence establishing that the vehicle
depicted in the recorded image was at the time of the alleged violation being
rented, leased, or test driven by another person. Evidence sufficient to
establish that the vehicle was being rented, leased, or test driven includes:
      (1)   the true name, address, and driver’s license number and state of
issuance of the person renting, leasing, or test driving the vehicle at the
time the recorded image of the school bus stop arm violation was taken; or
      (2)   a true copy of the lease or rental agreement in effect at the time
the recorded image of the school bus stop arm violation was taken.
   (e)   Evidence presented under Subsection (d) of this section must be
presented through oral testimony or by affidavit under penalty of perjury.
Evidence through oral testimony must be presented at the administrative
adjudication hearing. Evidence by affidavit under penalty of perjury may be
presented by mail.
   (f)   If the owner of a vehicle presents evidence under Subsections (d) and
(e) of this section establishing that the vehicle depicted in the recorded
image was being rented, leased, or test driven at the time of the violation,
the owner may not be held liable for civil school bus stop arm fines,
penalties, and costs, and the director shall send the school bus stop arm
citation to the test driver or lessee who is presumed to have committed the
school bus stop arm violation. An owner of a vehicle who fails to comply with
Subsections (d) or (e) of this section will be treated as any other vehicle
owner and will be liable for the school bus stop arm violation.
   (g)   If, at the time the recorded image of the school bus stop arm
violation was taken, the vehicle depicted in the recorded image was owned by a
person in the business of renting or leasing motor vehicles and the vehicle was
being rented or leased to an individual, the vehicle owner shall, within 30
calendar days after the date the school bus stop arm citation is received,
provide to the department the name and address of the individual who was
renting or leasing the motor vehicle depicted in the recorded image and a
statement of the period during which that individual was renting or leasing the
vehicle. This information must be provided regardless of whether the person
provides evidence under Subsections (d) and (e) of this section that the
vehicle was being rented, leased, or test driven at the time of the school bus
stop arm violation.
   (h)   A registered owner named in the school bus stop arm citation who did
not hold legal title to the motor vehicle at the time of a school bus stop arm
violation will not be liable for the civil school bus stop arm fines,
penalties, and costs imposed by the city on that vehicle if the registered
owner presents evidence establishing that another person held legal title to
the vehicle at the time the recorded image of the school bus stop arm violation
was taken. Evidence sufficient to establish that the vehicle was owned by
another person at the time of the school bus stop arm violation includes:
      (1)   the true name, address, and driver’s license number and state of
issuance of the person who held legal title to the vehicle at the time the
recorded image of the school bus stop arm violation was taken; or
      (2)   a true copy of any purchase or sale documentation (including proof
of transfer of title) showing the name of the person who held title to the
vehicle at the time the recorded image of the school bus stop arm violation was
taken (that person’s address must also be provided if not contained in the
documentation).
   (i)   Evidence presented under Subsection (h) of this section must be
presented through oral testimony or by affidavit under penalty of perjury.
Evidence through oral testimony must be presented at the administrative
adjudication hearing. Evidence by affidavit under penalty of perjury may be
presented by mail.
   (j)   If the registered owner named in the violation complies with
Subsections (h) and (i) of this section, the registered owner may not be held
liable for civil school bus stop arm fines, penalties, and costs, and the
director shall send the school bus stop arm citation to the person who held
legal title to the vehicle at the time the recorded image of the school bus
stop arm violation was taken. A registered owner named in the school bus stop
arm citation who fails to comply with Subsections (h) and (i) of this section
will be treated as any other vehicle owner and will be liable for the school
bus stop arm violation. (Ord. 28654)
SEC. 28-225.   CIVIL SCHOOL BUS STOP ARM CITATIONS; FORM.
   (a)   A civil school bus stop arm citation serves as the summons and
complaint for purposes of this article.
   (b)   The school bus stop arm citation must be on a form prescribed by the
director and must include the following information:
      (1)   The name and address of the owner of the vehicle involved in the
violation.
      (2)   A description of the violation alleged.
      (3)   The date and time of the violation and the location of the school
bus where the violation occurred.
      (4)   The citation issuance date.
      (5)   The registration number displayed on the license plate of the
vehicle involved in the violation.
      (6)   A copy of a recorded image of the violation that includes a
depiction of the registration number displayed on the license plate of the
vehicle involved in the violation.
      (7)   The amount of the civil fine to be imposed for the violation.
      (8)   The date by which the civil fine must be paid or the request for an
administrative adjudication hearing must be made.
      (9)   A statement that, in lieu of requesting an administrative
adjudication hearing, the person named in the school bus stop arm citation may
pay the civil fine in person or by mail at an address designated on the
citation.
      (10)   A notification that the vehicle owner has the right to contest the
imposition of the civil fine in an administrative adjudication hearing by
submitting a written request for an administrative adjudication hearing within
30 calendar days after the date the school bus stop arm citation is issued.
      (11)   A notification that any request by the vehicle owner to have the
enforcement officer, or other authorized person who issued the citation,
present at the hearing must be made in writing as part of the written request
for an administrative adjudication hearing under Paragraph (10) of this
subsection and that failure to timely make this request constitutes a waiver of
the vehicle owner’s right to require the presence of the enforcement officer or
other authorized person at the hearing.
      (12)   A notification that failure to pay the civil fine or to timely
request an administrative adjudication hearing is considered an admission of
liability for the school bus stop arm violation, is a waiver of the person’s
right to appeal the imposition of the civil fine, and will result in the
assessment of appropriate civil fines, penalties, and costs.
      (13)   A statement that the person will incur a late payment penalty if
the person fails to pay the civil fine or request an administrative
adjudication hearing within 30 calendar days after the date of issuance of the
school bus stop arm citation.
      (14)   A notification that an arrest warrant may not be issued for
failure to timely pay the civil fines, penalties, and costs and that the
imposition of the civil penalty may not be recorded on the vehicle owner’s
driving record.
   (c)   The original or any copy of a civil school bus stop arm citation is a
record kept in the ordinary course of city business and is prima facie evidence
of the facts contained in the citation. (Ord. 28654)
SEC. 28-226.   SERVICE OF A CIVIL SCHOOL BUS STOP ARM CITATION.
   (a)   In order to impose a civil fine under this article, the director shall
send a school bus stop arm citation to the owner of the motor vehicle involved
in the school bus stop arm violation within 30 calendar days after the date the
violation is alleged to have occurred. The citation must be sent, by United
States mail, to:
      (1)   the owner’s address as shown on the registration records of the
Texas Department of Transportation;
      (2)   if the vehicle is registered in another state or country, the
owner’s address as shown on the motor vehicle registration records of the
department or agency of the other state or country analogous to the Texas
Department of Transportation;
      (3)   if the owner presents evidence or information under Section
28-224(d) or (g) that the vehicle was being rented, leased, or test driven at
the time of the school bus stop arm violation, the address provided by the
seller or lessor under Section
28-224(d) or (g); or
      (4)   if the registered owner presents evidence under Section
28-224(h) that another person had legal title to the vehicle at the time of the
school bus stop arm violation, the address provided under Section
28-224(h).
   (b)   A school bus stop arm citation is presumed to have been received on
the fifth day after the date the citation is mailed. (Ord. 28654)
SEC. 28-227.   ANSWERING A CIVIL SCHOOL BUS STOP ARM CITATION.
   (a)   A vehicle owner who has been issued a civil school bus stop arm
citation shall, either personally or through a representative, answer to the
charge of the school bus stop arm violation by the date shown on the citation,
which date may not be earlier than the 30th day after the date the citation is
issued. An answer may be made in any of the following ways:
      (1)   An admission of liability with a payment of the applicable civil
fine, and any additional penalties and costs.
      (2)   A request to schedule an administrative adjudication hearing to
either deny liability or admit liability with an explanation before a hearing
officer.
      (3)   A denial of liability accompanied by an affidavit under penalty of
perjury presenting evidence under Section
28-224 that the vehicle depicted in the recorded image was at the time of the
school bus stop arm violation being rented, leased, or test driven.
      (4)   A denial of liability accompanied by an affidavit under penalty of
perjury presenting evidence under Section
28-224 that the person named in the school bus stop arm citation was not the
owner of the vehicle depicted in the recorded image at the time of the
violation.
      (5)   A request for permission from a hearing officer to adjudicate by
mail.
   (b)   Payment of the civil fine and any additional penalties and costs may
be made in person or by mailing the school bus stop arm citation to the address
shown on the citation, accompanied by payment of the amount shown on the
citation. Payment by mail may be made only by money order or check. Payment of
the civil fine and all penalties and costs assessed under this article operates
as a final disposition of the school bus stop arm violation charge, except when
payment is made to reset a scheduled hearing as allowed under Section
28-229. (Ord. 28654)
SEC. 28-228.   ADJUDICATION BY MAIL.
   (a)   If a vehicle owner charged with a school bus stop arm violation shows
good cause for not attending a hearing, either personally or through a
representative, the hearing officer may permit the matter to be adjudicated by
mail, which adjudication must be completed within 90 calendar days after the
date of issuance of the school bus stop arm citation.
   (b)   Letters, memoranda, affidavits, photographs, and other documentary
materials will be admissible as evidence for the purposes of adjudication by
mail. The hearing officer may exclude from consideration any material that is
not relevant to the adjudication of the alleged violation.
   (c)   Failure of the vehicle owner to proceed with an adjudication by mail
after requesting and receiving permission to adjudicate by mail is an admission
of liability for the school bus stop arm violation and will subject the owner
to the appropriate civil fines, penalties, and costs assessed by the hearing
officer.
   (d)   If a hearing officer determines that adjudication cannot proceed by
mail, the hearing officer shall advise the vehicle owner by first class mail
that the owner must appear to answer the charge at a hearing. (Ord. 28654)
SEC. 28-229.   HEARINGS FOR DISPOSITION OF A SCHOOL BUS STOP ARM CITATION;
CITATION AND PHOTOGRAPHIC RECORDED IMAGES AS PRIMA FACIE EVIDENCE.
   (a)   Every hearing for the adjudication of a school bus stop arm violation
charge under this article must be held before a hearing officer not later than
the 30th day after the department receives a request for an administrative
adjudication hearing. The director shall notify, in writing, the person
requesting a hearing of the date, time, and location of the hearing.
   (b)   A person may make a request to reset a scheduled administrative
adjudication hearing. A scheduled administrative adjudication hearing may not
be reset more than once unless the vehicle owner pays to the director an amount
equal to the applicable civil fine for the school bus stop arm violation, with
any additional penalties and costs. The director shall issue a receipt for any
amounts paid under this subsection. After presentation of the receipt, all
amounts paid will be refunded to the vehicle owner if the hearing officer, or a
municipal court on appeal, finds that the owner is not liable for the school
bus stop arm violation.
   (c)   At a hearing, the civil school bus stop arm citation and the recorded
images produced by the photographic school bus stop arm enforcement system are
prima facie proof of the school bus stop arm violation, and the enforcement
officer or other authorized person who issued the citation is not required to
be present unless requested by the vehicle owner charged or by the hearing
officer. A vehicle owner’s request to have the enforcement officer, or other
authorized person who issued the citation, present at the hearing must be in
writing and received by the hearing officer as part of the person’s request for
an administrative adjudication hearing. Failure to timely make this request
constitutes a waiver of the vehicle owner’s right to require the presence of
the enforcement officer or other authorized person at the hearing.
   (d)   At a hearing, the hearing officer shall hear and consider evidence
presented by the city and by the vehicle owner. The formal rules of evidence do
not apply to a hearing under this article, and the hearing officer shall make a
decision based upon a preponderance of the evidence presented at the hearing,
after giving due weight to all presumptions and prima facie evidence
established by this article or other applicable law.
   (e)   At a hearing, the reliability of the photographic school bus stop arm
enforcement system used to produce the recorded images of the school bus stop
arm violation may be attested to by affidavit of an officer or employee of the
city, or of the entity with which the city contracts to install or operate the
system, who is responsible for inspecting and maintaining the system. An
affidavit of an officer or employee of the city that alleges a school bus stop
arm violation based on an inspection of the pertinent recorded images is
admissible in a proceeding under this article, is evidence of the facts
contained in the affidavit, and is prima facie evidence of the violation
alleged in the school bus stop arm citation.
   (f)   At the conclusion of the hearing, the hearing officer shall
immediately render an order or decision, either by:
      (1)   finding the vehicle owner liable for the school bus stop arm
violation, assessing the applicable civil fine and any penalties and other
costs in accordance with this article, and notifying the owner of the right to
appeal to municipal court; or
      (2)   finding the vehicle owner not liable for the school bus stop arm
violation.
   (g)   An order of a hearing officer must be in writing, signed, and dated by
the hearing officer and filed with the department in a separate index and file.
The order may be recorded using computer printouts, microfilm, microfiche, or
similar data processing techniques. (Ord. 28654)
SEC. 28-230.   FAILURE TO ANSWER A CIVIL SCHOOL BUS STOP ARM CITATION OR APPEAR
AT A HEARING.
   (a)   The failure of a vehicle owner charged with a school bus stop arm
violation to answer to the charge within 30 calendar days after the date of
issuance of the school bus stop arm citation or to appear at any hearing,
including a hearing on appeal, when required to appear is an admission of
liability for the school bus stop arm violation, and the hearing officer, or
the municipal court in the case of an appeal, shall issue an order of liability
and assess against the owner the appropriate civil fines, penalties, and other
costs.
   (b)   Within seven calendar days after filing an order of liability issued
under this section, a hearing officer or the entity with which the city
contracts, shall notify the vehicle owner in writing of the order. The notice
must be sent by United States mail to the address required for service of a
citation under Section
28-226 or to the address of the vehicle owner last known to the hearing
officer. The notice must include a statement of:
      (1)   the amount of the civil fines, penalties, and costs assessed; and
      (2)   the right to appeal to municipal court.
   (c)   Regardless of any other provision of this article, a person who
receives a school bus stop arm citation and who fails to timely pay the civil
fine or fails to timely request an administrative adjudication hearing is still
entitled to an administrative adjudication hearing if:
      (1)   the person submits to the hearing officer a written request for a
hearing, accompanied by an affidavit, that attests to the date on which the
person received the school bus stop arm citation; and
      (2)   the written request and affidavit are submitted to the hearing
officer within 30 calendar days after the date the person received the school
bus stop arm citation. (Ord. 28654)
SEC. 28-231.   CIVIL FINES FOR SCHOOL BUS STOP ARM VIOLATIONS; PENALTIES AND
OTHER COSTS.
   (a)   If a civil fine is assessed under this article, it must be in
accordance with this section. A fine may not be waived or modified by a hearing
officer, or by a municipal court on appeal, when a vehicle owner is found
liable for a school bus stop arm violation, except that additional penalties
and other costs may be added in accordance with this section.
   (b)   The owner of a motor vehicle liable for a school bus stop arm
violation shall pay a civil fine of $300 for each violation.
   (c)   An additional $25 late payment penalty will be assessed if the vehicle
owner fails to:
      (1)   answer a school bus stop arm citation within 30 calendar days after
its date of issuance;
      (2)   appear at a hearing scheduled to adjudicate the school bus stop arm
violation charge; or
      (3)   after being found liable, pay all civil fines, penalties, fees, and
costs assessed for a school bus stop arm violation within the time designated
by the hearing officer, or by the municipal court on appeal.
   (d)   A penalty assessed under Subsection (c) of this section may be waived
by a hearing officer, or by a municipal court on appeal, if the vehicle owner
can establish that:
      (1)   through no fault of the owner:
         (A)   no notice of the school bus stop arm violation was received as
required by this article;
         (B)   no notice of the hearing officer’s order was received as
required by this article; or
         (C)   payment of the civil fine assessed for the school bus stop arm
violation was not posted in a timely manner; or
      (2)   the penalty was assessed in error. (Ord. 28654)
SEC. 28-232.   APPEAL FROM HEARING.
   (a)   A vehicle owner determined by a hearing officer at an administrative
adjudication hearing to be liable for a school bus stop arm violation may
appeal this determination to the municipal court by filing an appeal petition,
along with a filing fee of $15, with the municipal court clerk or a deputy
clerk before the 31st calendar day after the date the hearing officer’s order
is entered with the department. If the hearing officer’s order is reversed, the
$15 filing fee will be returned by the city to the appellant.
   (b)   Upon receipt of an appeal petition, the municipal court clerk or
deputy clerk shall schedule an appeal hearing and notify all parties of the
date, time, and location of the hearing. The enforcement officer or other
authorized person who issued the civil school bus stop arm citation is not
required to be present at the appeal hearing unless requested by the vehicle
owner charged. A vehicle owner’s request to have the enforcement officer, or
other authorized person who issued the citation, present at the appeal hearing
must be in writing and made as part of the appeal petition. Failure to timely
make this request constitutes a waiver of the vehicle owner’s right to require
the presence of the enforcement officer or other authorized person at the
appeal hearing.
   (c)   The appeal hearing must be a trial de novo in municipal court and is a
civil proceeding. The decision of the municipal court is final.
   (d)   Service of notice of appeal under this section stays the enforcement
and collection of any civil fines, penalties, and costs ordered by the hearing
officer. An appeal petition must be accompanied by a notarized statement in
which the vehicle owner agrees to pay all civil fines, penalties, and costs
ordered by the hearing officer, if the person is still found liable by the
municipal court upon appeal.
   (e)   At an appeal hearing, the civil school bus stop arm citation and the
recorded images produced by the photographic school bus stop arm enforcement
system are prima facie proof of the school bus stop arm violation, and the
enforcement officer or other authorized person who issued the citation is not
required to be present unless requested by the vehicle owner.
   (f)   At an appeal hearing, the reliability of the photographic school bus
stop arm enforcement system used to produce the recorded images of the school
bus stop arm violation may be attested to by affidavit of an officer or
employee of the city, or of the entity with which the city contracts to install
or operate the system, who is responsible for inspecting and maintaining the
system. An affidavit of an officer or employee of the city that alleges a
school bus stop violation based on an inspection of the pertinent recorded
images is admissible in a proceeding under this article, is evidence of the
facts contained in the affidavit, and is prima facie evidence of the violation
alleged in the school bus stop arm citation. (Ord. 28654)
SEC. 28-233.   EFFECT OF LIABILITY; EXCLUSION OF CIVIL REMEDY; ENFORCEMENT.
   (a)   The imposition of a civil fine under this article is not a conviction
or criminal offense and may not be considered a conviction or criminal offense
for any purpose. Failure to timely pay a civil fine under this article may not
result in an arrest warrant being issued for the vehicle owner and may not be
recorded on the owner’s driving record.
   (b)   A civil fine may not be imposed under this article on the owner of a
motor vehicle if the operator of the vehicle was arrested or was issued a
criminal citation by a peace officer under Section 545.066 of the Texas
Transportation Code, as amended, for the school bus stop arm violation recorded
by the photographic school bus stop arm enforcement system.
   (c)   The city attorney is authorized to file suit or take other action to
collect any civil fines, penalties, and costs assessed under this article.
(Ord. 28654)
SEC. 28-234.   DISPOSITION OF CIVIL FINES, PENALTIES, AND COSTS ASSESSED FOR
SCHOOL BUS STOP ARM VIOLATIONS.
   Civil fines, penalties, and costs assessed under this article must be used
to fund the automated school bus stop arm enforcement program, other programs
designed to further student safety, and other traffic safety projects and
improvements. (Ord. 28654)
ARTICLE XXI.
MISCELLANEOUS FEES.
SEC. 28-235.   ENGINEERING REVIEW AND LOCATION FEES.
   (a)   The following fees must be paid to the director when the application
is filed. An application will not be processed until the fee has been paid.
 
Type of Application Application Fee
311-T Review        $2,500.00
Utilities Location  1,000.00
 
   (b)   The director shall deposit fees in the official city depository not
later than the next business day following receipt of the fees.
   (c)   No refund of the fee may be made.
   (d)   Fee schedule.
(Ord. 31657)