VOLUME II Volume II: Contains 9/23 Supplement, current through Ordinance 32557, passed 9-20-2023 CHAPTER 29 RESERVED (Repealed by Ord. 29016) CHAPTER 29A RESERVED (Repealed by Ord. 31144) CHAPTER 30 NOISE Sec. 30-1.   Loud and disturbing noises and vibrations. Sec. 30-2.   Loud and disturbing noises and vibrations presumed offensive. Sec. 30-2.1.   Presumption. Sec. 30-3.   Use of bell, siren, compression, or exhaust whistle on vehicles. Sec. 30-3.1.   Noise from the idling of commercial motor vehicles. Sec. 30-3.2.   Use of engine compression brakes prohibited. Sec. 30-4.   Loudspeakers and amplifiers. Sec. 30-5.   Penalties. SEC. 30-1.   LOUD AND DISTURBING NOISES AND VIBRATIONS.    A person commits an offense if he makes or causes to be made any loud and disturbing noise or vibration in the city that is offensive to the ordinary sensibilities of the inhabitants of the city. (Ord. Nos. 13744; 24835; 26022) SEC. 30-2.   LOUD AND DISTURBING NOISES AND VIBRATIONS PRESUMED OFFENSIVE.    The following loud and disturbing noises and vibrations are presumed to be offensive to the ordinary sensibilities of the inhabitants of the city:       (1)   The sounding of any horn or signal device on any automobile, motorcycle, bus, streetcar, or other vehicle, except as a danger signal, as required by state law.       (2)   The playing of any radio, phonograph, television, or musical instrument with such volume as to disturb the peace, quiet, comfort, or repose of persons in any dwelling, apartment, hotel, or other type of residence.       (3)   The continuous barking, howling, crowing, or making of other loud noises by an animal for more than 15 minutes near a private residence that the animal’s owner or person in control of the animal has no right to occupy.       (4)   The loud grating, grinding, or rattling noise caused by the use of any automobile, motorcycle, bus, streetcar, or vehicle that is out of repair or poorly or improperly loaded.       (5)   The blowing of any steam whistle attached to any stationary boiler, except to give notice of the time to begin or stop work or as a warning of danger.       (6)   The discharge into the open air of the exhaust of any stationary steam engine, stationary internal combustion engine, or motor boat engine, except through a muffler or other device that will effectively and efficiently prevent loud and disturbing noises or vibrations.       (7)   The discharge into the open air of the exhaust from any motor vehicle, except through a muffler or other device that will effectively and efficiently prevent loud and disturbing noises or vibrations.       (8)   Any construction activity related to the erection, excavation, demolition, alteration, or repair of any building on or adjacent to a residential use, as defined in the Dallas Development Code, other than between the hours of 7:00 a.m. and 7:00 p.m., Monday through Friday, and between the hours of 8:00 a.m. and 7:00 p.m. on Saturdays and legal holidays, except that the director of transportation may issue a written permit to exceed these hours in the case of urgent necessity in the interest of public safety or for other reasons determined by the director of transportation to be necessary for the public health, safety, or welfare. For purposes of this paragraph, "legal holidays" include New Year's Day (January 1), Memorial Day (observed date), Fourth of July (July 4), Labor Day (observed date), Thanksgiving Day (observed date), and Christmas Day (December 25).       (9)   The shouting and crying of peddlers, hawkers, and vendors that disturb the quiet and peace of the neighborhood.       (10)   The use of any drum or other instrument or sound amplifying equipment for the purpose of attracting attention by the creation of noise, to any performance, show, sale, or display of merchandise as to attract customers to any place of business.       (11)   The use of mechanical loudspeakers or sound amplifiers on trucks or other moving vehicles for the purpose of advertising any show, sale, or display of merchandise.       (12)   The collection of garbage, waste, or refuse between the hours of 10:00 p.m. and 7:00 a.m. on or within 300 feet of any residential use, as defined in the Dallas Development Code.       (13)   The operation of sound equipment, including a car stereo, in a motor vehicle in such a manner that the noise is so audible or causes such a vibration as to unreasonably disturb the peace, quiet, or comfort of another person. (Ord. Nos. 13744; 22026; 24835; 26022; 28424; 30239; 30654) SEC. 30-2.1.   PRESUMPTION.    Whenever a violation of Section 30-2(11) of this chapter occurs, it is presumed that the registered owner of the vehicle for which the citation was issued is the person who committed the violation, either personally or through an agent or employee. Proof of ownership may be made by a computer-generated record of the registration of the vehicle with the Texas Department of Transportation showing the name of the person to whom state license plates were issued. This proof is prima facie evidence of the ownership of the vehicle by the person to whom the certificate of registration was issued. (Ord. Nos. 22094; 24835) SEC. 30-3.   USE OF BELL, SIREN, COMPRESSION, OR EXHAUST WHISTLE ON VEHICLES.    No vehicle shall be equipped with and no person shall use upon a vehicle any bell, siren, compression or exhaust whistle, except that vehicles operated in the performance of duty by law enforcement officers, fire department, and ambulances may attach and use a bell, siren, compression or exhaust whistle. (Ord. 13744) SEC. 30-3.1.   NOISE FROM THE IDLING OF COMMERCIAL MOTOR VEHICLES.    (a)   In this section:       (1)   COMMERCIAL MOTOR VEHICLE means any motor vehicle with a gross vehicle weight rating (GVWR) over 14,000 pounds.       (2)   IDLE means the operation of a motor vehicle engine in operating mode where the engine is not engaged in gear.    (b)   A person commits an offense if he idles a commercial motor vehicle for more than five consecutive minutes at a location on or within 300 feet of any residential use, as defined in the Dallas Development Code.    (c)   A person commits an offense if, on any premises that he owns or controls, he permits the idling of a commercial motor vehicle for more than five consecutive minutes at a location on or within 300 feet of any residential use, as defined by the Dallas Development Code.    (d)   It is a defense to prosecution under Subsections (b) and (c) of this section that the commercial motor vehicle:       (1)   was idling in obedience to an official traffic control device;       (2)   was idling while stopped in traffic;       (3)   was idling in obedience to a peace officer;       (4)   was idling while being repaired in an enclosed structure;       (5)   was idling in order to defrost a windshield;       (6)   was a school bus;       (7)   was intended for commercial passenger transportation and was not idling on a public street, highway, or alley;       (8)   was a concrete mixer truck that was only idling while actually pouring concrete or staging to pour concrete;       (9)   was a utility truck that was only idling while providing power as needed to perform utility work; or       (10)   met a defense set forth in Section 5A-15 of this code.    (e)   Penalties.       (1)   An offense under this section is punishable by a fine not to exceed $500. Each instance of a violation of this section is a separate offense.       (2)   The culpable mental state required for the commission of an offense under this section is governed by Section 1-5.1 of this code.       (3)   Prosecution for an offense under this section does not preclude the use of other enforcement remedies or procedures that may be available to the city.    (f)   Nothing in this section may be construed to authorize idling of a commercial vehicle in violation of Section 5A-15 of this code. (Ord. Nos. 26022; 26766; 27264) SEC. 30-3.2.   USE OF ENGINE COMPRESSION BRAKES PROHIBITED.    (a)   Definitions. For the purpose of this section, ENGINE COMPRESSION BRAKE means a vehicle retarding device that converts a power producing engine into a power absorbing air compressor in order to reduce motor vehicle speed without the use of the vehicle’s foundation brakes.    (b)   A person commits an offense if he uses an engine compression brake to slow or stop a motor vehicle in the city.    (c)   It is a defense to prosecution under this section that:       (1)   the motor vehicle was a fire apparatus owned or operated by a governmental entity; or       (2)   the engine compression brake was used in an emergency situation to prevent or reduce an imminent danger of death or bodily injury to a person or damage or destruction to property.    (d)   Presumption. Whenever a violation of this section occurs, it is presumed that the registered owner of the vehicle for which the citation was issued is the person who committed the violation, either personally or through an agent or employee. Proof of ownership may be made by a computer-generated record of the registration of the vehicle with the Texas Department of Transportation (or the vehicle registration agency of any other state in which the vehicle is currently registered) showing the name of the person to whom state license plates were issued. This proof is prima facie evidence of the ownership of the vehicle by the person to whom the certificate of registration was issued. (Ord. 27963) SEC. 30-4.   LOUDSPEAKERS AND AMPLIFIERS.    (a)   A person commits an offense if he operates or causes to be operated any mechanical loudspeaker or sound amplifier in a public place or upon any public sidewalk, street, alley, or highway of the city in violation of any of the following limitations and requirements:       (1)   No mechanical loudspeaker or sound amplifier may be operated within 150 feet of the property line of the premises of a residence, except between the hours of 8:00 a.m. and sunset, as designated by publication in a local newspaper of general circulation.       (2)   A mechanical loudspeaker or sound amplifier may not emit loud and disturbing noises so as to interfere with the enjoyment of life or property or to interfere with public peace and comfort.       (3)   A mechanical loudspeaker or sound amplifier must be operated so as not to cause traffic congestion or congregation of crowds that obstructs any public sidewalk, street, alley, or highway.       (4)   A mechanical loudspeaker or sound amplifier may not be operated within 150 feet of any:          (A)   hospital;          (B)   school that is in session;          (C)   nursing home; or          (D)   facility that provides surgical services to patients who do not require overnight hospital care during the hours of operation of the facility.    (b)   In this section:       (1)   RESIDENCE means a single-family, duplex, or multifamily dwelling.       (2)   SURGICAL SERVICES means therapy of a mechanical or operative kind, including, but not limited to, operations involving cutting, the setting of fractures and dislocations, and similar manual forms of treatment.    (c)   If conduct that would otherwise violate this section consists of speech or other communication, of gathering with others to hear or observe such speech or communication, or of gathering with others to picket or otherwise express in a nonviolent manner a position on social, economic, political, or religious questions, the person must be ordered to move, disperse, or otherwise remedy the violation prior to arrest or citation.    (d)   The order required by Subsection (c) may be given by a peace officer, a fireman, a person with authority to control the use of the premises, or any person directly affected by the violation.    (e)   It is a defense to prosecution under Subsection (a) that:       (1)   in circumstances in which this section requires an order, no order was given;       (2)   an order, if given, was manifestly unreasonable in scope;       (3)   an order, if given, was promptly obeyed;       (4)   the mechanical loudspeaker or sound amplifier was operated in a public place within an enclosed structure and was not audible beyond the property line of the premises on which it was located;       (5)   the person operating the mechanical loud speaker or sound amplifier was a law enforcement officer or member of the fire department in the performance of official duties;       (6)   the mechanical loudspeaker or sound amplifier was operated for the purpose of alerting persons to the existence of an emergency or danger; or       (7)   the mechanical loudspeaker or sound amplifier was operated in the performance of emergency work necessary to restore public utilities, to restore property to a safe condition, or to protect persons or property from imminent danger, following a fire, accident, or natural disaster. (Ord. Nos. 13744; 18798; 19455; 21878; 24835) SEC. 30-5.   PENALTIES.    (a)   Criminal penalties. Unless specifically provided otherwise in this chapter, an offense under this chapter is punishable by a criminal fine not to exceed $2,000. A person commits a separate offense each day or portion of a day during which a violation is committed, permitted, or continued. The culpable mental state required for the commission of an offense under this chapter is governed by Section 1-5.1 of this code.    (b)   Civil penalties. In addition to imposing the criminal penalty prescribed in Subsection (a), the city may, in accordance with Chapter 54 of the Texas Local Government Code, bring a civil action against a person violating a provision of this chapter. The civil action may include, but is not limited to, a suit to recover a civil penalty pursuant to Section 54.017 of the Texas Local Government Code not to exceed $1,000 for each day or portion of a day during which the violation is committed, continued, or permitted. (Ord. Nos. 24835; 27963) CHAPTER 31 OFFENSES - MISCELLANEOUS ARTICLE I. GENERAL. Sec. 31-1.   Swimming in certain water prohibited. Sec. 31-2.   Setting of booby-traps. Sec. 31-3.   Discrimination and dress codes in places of public accommodation. Sec. 31-4.   Discharging a firearm in a private place. Sec. 31-5.   Glue - Use, sale, and possession. Sec. 31-6.   Other solvents - Use, sale, and possession. Sec. 31-7.   Icebox or refrigerator - Abandonment or dangerous exposure prohibited. Sec. 31-8.   Kites with metallic frames prohibited. Sec. 31-9.   Kites and moored balloons prohibited near airports. Sec. 31-10.   Abatement of nuisances. Sec. 31-11.   Nuisance - Judgment in municipal court. Sec. 31-12.   Limited hours of certain coin-operated devices. Sec. 31-13.   Sleeping in a public place. Sec. 31-13.1.   Prohibition on the unauthorized placement, erection, or maintenance of temporary shelters on designated public property. Sec. 31-14.   Entering portions of buildings without consent. Sec. 31-14.1.   Entering motor vehicles without consent. Sec. 31-15.   Solicitation in certain buildings without consent. Sec. 31-16.   Replica firearms. Sec. 31-17.   Specified sex offenders near schools and child-care facilities. Sec. 31-17.1.   Restrictions on sex offenders residing in the same dwelling unit. Sec. 31-18.   Urinating or defecating in public. Sec. 31-19.   Solicitation for sodomy - Not for hire. Sec. 31-20.   Solicitation for obscene conduct - Not for hire. Sec. 31-21.   Solicitation in food and drink establishment. Sec. 31-22.   Regulations for public speeches in Stone Place, Four-Way Place, and Bullington Street Mall. Sec. 31-22.1.   Regulations for public speeches in public areas surrounding Thanks- Giving Square. Sec. 31-23.   Unauthorized use of city seal or other insignia. Sec. 31-24.   Reserved. Sec. 31-25.   Prohibiting release of rats; defenses. Sec. 31-26.   Reserved. Sec. 31-27.   Manifesting the purpose of engaging in prostitution. Sec. 31-28.   Failure to disclose representation. Sec. 31-29.   Dialing 9-1-1 when no emergency exists. Sec. 31-30.   Manifesting the purpose of selling illegal drugs and chemicals. Sec. 31-31.   Prohibiting free distribution of tobacco products in public places. Sec. 31-32.   Solicitation to purchase a prohibited substance. Sec. 31-32.1.   Illegal smoking products and related paraphernalia prohibited. Sec. 31-33.   Curfew hours for minors. Sec. 31-34.   Picketing in residential areas. Sec. 31-35.   Solicitation by coercion; solicitation near designated locations and facilities; solicitation after sunset; solicitation-free zones. Sec. 31-36.   Menacing another person. Sec. 31-37.   Hours of closure for certain city property. Sec. 31-38.   Duty of property owner to remove graffiti. Sec. 31-39.   Responsibility of parent or guardian for graffiti created by a minor. Sec. 31-39.1.   Possession of graffiti implements prohibited; presumptions; defenses. Sec. 31-40.   Possession of shopping carts. Sec. 31-41.   Lock, take, and hide signs. ARTICLE I. GENERAL. SEC. 31-1.   SWIMMING IN CERTAIN WATER PROHIBITED.    (a)   A person commits an offense if, with the intent to swim, bathe, wade, or go in the water, he enters the water of a river, stream, pond, or watercourse within the city, either natural or artificial, whether public or private.    (b)   It is an exception to the application of this section if the body of water is a public, semi-public, or private swimming pool which meets the standards of the laws of the state and Chapter 43A of this code.    (c)   It is a defense to prosecution under this section that:       (1)   the person was engaged in the performance of his official duties as an officer or employee of the city;       (2)   the person was engaged in a bona fide effort to rescue or recover a human being or property from the water;       (3)   the person was engaged in dredging or other water improvement or construction work authorized by the city council or the park and recreation department; or       (4)   the water was designated by official signs showing that wading or going into the water in the specific designated area is authorized by the rules and regulations of the park and recreation department of the city. (Ord. 14971) SEC. 31-2.   SETTING OF BOOBY-TRAPS.    (a)   A person commits an offense if he installs upon premises, a trap or device of any kind, designed to do bodily harm to a person entering into or upon the premises.    (b)   It is a defense to prosecution under this section that the device is a tear gas device installed on a safe, vault, cabinet, or vending machine, which is activated only when the equipment is wrongfully opened. (Ord. 14971) SEC. 31-3.   DISCRIMINATION AND DRESS CODES IN PLACES OF PUBLIC ACCOMMODATION.    (a)   In this section:       (1) PLACE OF PUBLIC ACCOMMODATION means every business within the city, whether wholesale or retail, or place of entertainment, which is open to the general public and offers for compensation any product, service, or facility, and includes, all hotels, motels, restaurants, bars, lounges, nightclubs, or cabarets where food or beverages are sold or offered for sale; theaters; retail houses; washaterias; bowling alleys; skating rinks; golf courses; and all public conveyances as well as their stations or terminals.       (2)   HOTEL and MOTEL means every establishment offering lodging to transient guests for compensation other than an establishment located within a building which contains not more than five rooms for rent or hire and which is actually occupied by the proprietor of the establishment as his residence, nor does it include an establishment if the majority of occupants are permanent residents and maintain their fixed place of domicile in the establishment.       (3)   BAR and LOUNGE means every bar, lounge, or tavern licensed by the state to serve alcoholic beverages, including wine and beer, for consumption on the premises, other than restaurants and nightclubs.       (4)   NIGHTCLUB means a nightclub, cabaret, or coffee house offering facilities for public entertainment, social recreation, or group amusement or relaxation, and also offering for sale beverages, whether alcoholic or non- alcoholic.       (5)   THEATER means every place, whether indoors or out-of-doors, at which any theatrical performance, moving picture show, musical concert, circus, carnival, or other performance is offered for compensation to the general public.    (b)   A person commits an offense if he:       (1)   discriminates against, withholds from, or denies a person any of the advantages, facilities, or services offered to the general public by a place of public accommodation because of race, religion, sex, color, or national origin; or       (2)   refuses admission to or expels from a place of public accommodation, a person for noncompliance with a dress, grooming, or identification requirement that was not previously posted in writing in accordance with Subsection (d).    (c)   It is a defense to prosecution under Subsection (b)(2) that the refusal of admission or expulsion was required by law.    (d)   If a place of public accommodation posts dress, grooming, or identification requirements, the requirements must be posted:       (1)   in writing in a conspicuous, clearly visible location outside each public entrance to the place of public accommodation; and       (2)   at least seven days before becoming effective if a change is made in the requirements after the initial requirements are posted.    (e)   This section does not apply to a hotel, restaurant, bar, lounge, nightclub, cabaret, theater, bowling alley, skating rink, or golf course when the accommodations, advantages, facilities, and services are restricted to members of a club and their guests; nor to any bona fide social, fraternal, educational, civic, political, or religious organization, when the profits of the accommodations, advantages, facilities and services, above reasonable and necessary expenses, are solely for the benefit of the organization. (Ord. Nos. 14971; 16443; 18960) SEC. 31-4.   DISCHARGING A FIREARM IN A PRIVATE PLACE.    (a)   A person commits an offense if he discharges a firearm, rifle, shotgun, automatic rifle, revolver, pistol, or other weapon designed for the purpose of firing or discharging a shell or cartridge, in a place not customarily open to the public, whether the shell or cartridge is blank or live ammunition.    (b)   It is a defense to prosecution under this section that:       (1)   the person was a law enforcement peace officer acting in the performance of his official duties;       (2)   the person was at a shooting range operated by an agency of the United States government, State of Texas, or a political subdivision of the state, or which is privately operated if approved by the police department;       (3)   the person was using blank cartridges for a show or theatrical production, or for signal or ceremonial purposes in athletics or sports, or by a military organization; or       (4)   the person was acting in a self-defense or justifiable or excusable homicide situation. (Ord. 14971) SEC. 31-5.   GLUE - USE, SALE, AND POSSESSION.    (a)   In this section:       (1)   MODEL GLUE means glue or cement of the type commonly used in the building of model airplanes, boats, and automobiles, or a similar substance which contains one or more of the following volatile solvents:          (A)   Acetone          (B)   Amylacetate          (C)   Benzol or Benzene          (D)   Butyl acetate          (E)   Butyl alcohol          (F)   Carbon tetrachloride          (G)   Chloroform          (H)   Cyclohexanone          (I)   Ethanol or ethyl alcohol          (J)   Ethyl acetate          (K)   Hexane          (L)   Isopropanol or isopropyl alcohol          (M)   Isopropyl acetate          (N)   Methyl ‘cellosolve’ acetate          (O)   Methyl ethyl ketone          (P)   Methyl isobutyl ketone          (Q)   Toluol or toluene          (R)   Trichloroethylene          (S)   Tricresyl phosphate          (T)   Xylol or xylene       (2)   KIT means a collection of materials used for the construction of model airplanes, model boats, model automobiles, model trains, or other similar assemblage of construction materials.    (b)   A person commits an offense if:       (1)   he inhales or otherwise induces into his respiratory or circulatory system, the volatile vapors of “model glue” with the intent of becoming intoxicated, elated, dazed, paralyzed, irrational, or in any manner changing or distorting his eyesight, thinking process, judgment, balance, or coordination;       (2)   being a person under 18 years of age, he carries upon his person “model glue” unless it is being transported from the place of purchase to his place of residence or business or is a part of a “kit”; or       (3)   he knowingly or intentionally possesses, buys, sells or transfers “model glue” for the purpose of inducing or aiding another person to violate the provisions of this section.    (c)   A person shall not sell or otherwise transfer possession of “model glue” to a minor under the age of 18 years for any purpose, unless at the time of the sale or transfer of possession, the minor is accompanied by a parent or guardian, and the parent or guardian signs in the presence of the person making the sale or transfer, a written consent for the sale or transfer to the minor.    (d)   The person selling or transferring possession of “model glue” to a minor person under the age of 18 years shall make a written record showing the name, address, sex, and age of the minor, as well as the name and address of the consenting parent or guardian, which record must be kept available for inspection by the police for a period of at least 12 months from the date of sale or transfer. Separate records need not be kept if the seller or transferor retains the consent letter required in Subsection (c), if the letter contains all the information required by this subsection.    (e)   The seller or transferor shall provide the records required in Subsection (d) for inspection by any police officer acting in his official capacity requesting the records when the seller or transferor is normally open for business.    (f)   The person selling or offering for sale “model glue,” shall not display “model glue” on open shelves or counters in his business establishment in a manner which will make it accessible to customers or members of the public.    (g)   The provisions of Subsections (c) and (d) of this section do not apply if the “model glue” is sold, delivered, or given simultaneously with, and as part of, a “kit”. (Ord. 14971) SEC. 31-6.   OTHER SOLVENTS - USE, SALE, POSSESSION.    (a)   A person commits an offense if:       (1)   he inhales or otherwise induces into his respiratory or circulatory system, the volatile vapors of a substance which contains one or more of the following volatile solvents:          (A)   Acetone          (B)   Amylacetate          (C)   Benzol or Benzene          (D)   Butyl acetate          (E)   Butyl alcohol          (F)   Carbon tetrachloride          (G)   Chloroform          (H)   Cyclohexanone          (I)   Ethanol or ethyl alcohol          (J)   Ethyl acetate          (K)   Hexane          (L)   Isopropanol or isopropyl alcohol          (M)   Isopropyl acetate          (N)   Methyl “cellosolve” acetate          (O)   Methyl ethyl ketone          (P)   Methyl isobutyl ketone          (Q)   Toluol or toluene          (R)   Trichloroethylene          (S)   Tricresyl phosphate          (T)   Xylol or xylene with the intent of becoming intoxicated; elated; dazed; paralyzed; irrational; in any manner changing or distorting his eyesight, thinking process, judgment, balance, or coordination; or dulling the brain or nervous system;       (2)   he sells, offers for sale, delivers, or gives away to a person, any substance containing one or more of the volatile solvents listed in Subparagraph (1) of this section, when he knows or has reason to believe that the substance will be used for the purpose of inhalation to induce symptoms of intoxication; elation; paralysis; irrational behavior; to change or distort eyesight, thinking processes, judgment, balance, or coordination; or the dulling of the brain or nervous system; or       (3)   for the purposes of violating Subparagraph (1) of this section, he uses or possesses a substance containing one or more of the solvents listed in Subparagraph (1) of this section. (Ord. 14971) SEC. 31-7.   ICEBOX OR REFRIGERATOR - ABANDONMENT OR DANGEROUS EXPOSURE PROHIBITED.    (a)   In this section:       (1)   ABANDON means the throwing away of an icebox or refrigerator on vacant property, junk heaps, trash piles, or debris accumulations or any other act which at common law would constitute an abandonment of personal property.       (2)   DANGEROUS EXPOSURE means the placing of an icebox or refrigerator not in use as an icebox or refrigerator, in a garage, barn, outbuilding, porch, yard, lot, or other portion of premises where children at play may come upon it and be attracted to it.    (b)   A person commits an offense if he abandons or dangerously exposes or causes or permits to be abandoned or dangerously exposed an icebox or refrigerator, unless the latch or lock holding each door shut is dismantled or removed so that the door may be opened from within by simply pushing on it.    (c)   The owner of an abandoned or dangerously exposed icebox or refrigerator and the owner or occupant of the premises where an abandonment or dangerous exposure occurs, has the duty to remove the door or dismantle or remove the latch or lock holding the door shut on the icebox or refrigerator.    (d)   The abandonment or dangerous exposure of an icebox or refrigerator with its door, or doors, in normal latching or locking condition is hereby declared to be a public nuisance and a serious menace to life because of the danger of children entering such an icebox or refrigerator and becoming locked inside and suffocating, and it is the duty of any city employee upon observing an abandoned or dangerously exposed icebox or refrigerator to remove the door or to dismantle the latch or lock holding the door.    (e)   A person who violates this section is guilty of an offense and, upon conviction, is punishable by a fine of not more than $500 nor less than:       (1)   $200 for a first conviction of any violation of this section within any 24-month period;       (2)   $400 for the second conviction of the same offense within any 24- month period; and       (3)   $500 for the third and subsequent convictions of the same offense within any 24-month period. (Ord. 14971; 20599) SEC. 31-8.   KITES WITH METALLIC FRAMES PROHIBITED.    (a)   A person commits an offense if he:       (1)   sells, possesses for sale, offers for sale, or manufactures for sale, a kite with a metallic frame; or       (2)   flies a kite with a metallic frame within the city. (Ord. 14971) SEC. 31-9.   KITES AND MOORED BALLOONS PROHIBITED NEAR AIRPORTS.    (a)   In this section:       (1)   BALLOON means a lighter-than-air aircraft that is not engine driven.       (2)   KITE means a framework covered with paper, cloth, plastic metal, or other material intended to be flown at the end of rope, cable, wire, twine, or string and having as its only support the force of the wind moving past its surface and includes a gyro- glider attached by a towline to a vehicle on the surface of the earth.       (3)   MOORED BALLOON means a balloon that is secured by a rope, cable, wire, twine, or string to the surface of the earth or an object on the surface of the earth.    (b)   A person commits an offense if he:       (1)   operates a moored balloon having a diameter of less than six feet or a gas capacity of less than 115 cubic feet, or flies a kite weighing less than five pounds, in the airport approach, turning, or transition zone of Dallas Love Field or Dallas Executive Airport, as shown on the airport zoning maps (L-1 and R-1), which are incorporated into this section by reference and maintained on file in the office of the city secretary;       (2)   operates a moored balloon having a diameter of less than six feet or a gas capacity of less than 115 cubic feet, or flies a kite weighing less than five pounds, in the airport approach, turning, or transition zones of a private airport in the city; or       (3)   operates a moored balloon having a diameter of more than six feet or a gas capacity of more than 115 cubic feet, or flies a kite weighing more than five pounds, within the city in the following circumstances:          (A)   closer than 500 feet to the base of a cloud;          (B)   at an altitude of more than 500 feet above the surface of the earth;          (C)   from an area where the ground visibility is less than three miles; or          (D)   within five miles of the boundary of an airport within the city.    (c)   It is a defense to prosecution under Subparagraph (3) of Subsection (b) of this section if the operation of the moored balloon or kite is below the height and within 250 feet of a structure, if the operation does not obscure lighting on the structure.    (d)   The operation of a moored balloon or kite in violation of this section is an air navigation hazard and a nuisance in that it obstructs the air space required for the flight of aircraft or is hazardous to the landing or taking off of aircraft, and the chief of police may abate the operation. (Ord. Nos. 14971; 24859) SEC. 31-10.   ABATEMENT OF NUISANCES.    Whenever a nuisance, as defined in an ordinance of the city, is ascertained to exist within the city, the city manager may order the owner or occupant of the premises on which the nuisance exists to abate or remove the nuisance within a specified time designated in the order, and if the order is not followed, the city manager may order the chief of police to abate and remove the nuisance. The expense incurred in abating and removing a nuisance shall be charged to the owner of the premises and will result in a lien on the real estate on which the nuisance existed, which may be levied as a special tax against the real estate. (Ord. 14971) SEC. 31-11.   NUISANCE - JUDGMENT IN MUNICIPAL COURT.    Whenever a judgment is rendered in the municipal court against a person for violation of a city ordinance and the violation is defined as a nuisance, the person shall abate and remove the nuisance within 24 hours after judgment is rendered. If the person fails to abate the nuisance, the chief of police may abate and remove the nuisance. The expense incurred in abating and removing the nuisance will result in a lien on the real estate whereupon the nuisance existed, which may be levied as a special tax against the real estate. (Ord. 14971) SEC. 31-12.   LIMITED HOURS OF CERTAIN COIN-OPERATED DEVICES.    (a)   A person commits an offense if, as owner, exhibitor, lessee, or employee of the owner, exhibitor, or lessee of a coin-operated amusement device located within 500 feet of a public or private elementary or secondary school, he permits a person under the age of 17 years to operate the coin-operated amusement device between the hours of 9 a.m. and 4 p.m. on days during the fall or spring term when students are required to attend school in the school district in which the device is located.    (b)   For the purposes of this section COIN-OPERATED AMUSEMENT DEVICE has the meaning ascribed to it in Section 6A-1 of this code.    (c)   The owner, exhibitor, or lessee of a coin- operated amusement device located within 500 feet of a public or private elementary or secondary school shall place a sign on the device that reads, “Play by Persons Under 17 Not Allowed during School Hours.”    (d)   For purposes of this section measurements shall be made in a straight line without regard to intervening structures or objects, from the nearest entry door in the portion of a building where the coin- operated amusement device is located to the nearest entry door of the school.    (e)   A person violating Subsection (a) of this section is deemed to be maintaining a public nuisance and a police officer of the city who observes the violation shall seize all the coin-operated amusement devices in the establishment and upon conviction of the person for violation of Subsection (a), the city shall dispose of the devices in the manner provided by law. (Ord. Nos. 14971; 16585) SEC. 31-13.   SLEEPING IN A PUBLIC PLACE.    (a)   A person commits an offense if he:       (1)   sleeps or dozes in a street, alley, park, or other public place; or       (2)   sleeps or dozes in a vacant lot adjoining a public street or highway.    (b)   It is a defense to prosecution under Subparagraph (2) of this section if the person owns the vacant lot or has the consent of the owner to sleep or doze on the vacant lot. (Ord. 14971) SEC. 31-13.1.   PROHIBITION ON THE UNAUTHORIZED PLACEMENT, ERECTION, OR MAINTENANCE OF TEMPORARY SHELTERS ON DESIGNATED PUBLIC PROPERTY.    (a)   In this section:       (1)   DESIGNATED PUBLIC PROPERTY means any of the following:          (A)   Any parks, grounds, buildings, facilities, or rights-of-way under the jurisdiction, management, or control of the city’s park and recreation board.          (B)   Any of the following properties, grounds, buildings, facilities, or rights-of-way owned, leased, or controlled by the city:             (i)   The Dallas city hall and the city hall plaza, as defined in Section 31-37 of the Dallas City Code, as amended.             (ii)   The Dallas convention center and the convention center grounds, as defined in Section 31-37 of the Dallas City Code, as amended.             (iii)   The J. Erik Jonsson central library and the central library grounds, as defined in Section 31-37 of the Dallas City Code, as amended.          (C)   Any vacant and unimproved lots owned, leased, or controlled by the city.       (2)   TEMPORARY SHELTER means any tent or other type of portable or impermanent structure, whether manufactured or makeshift, in or under which a person can be sheltered or partially sheltered from the elements.    (b)   A person commits an offense if the person places, erects, or maintains a temporary shelter in or upon any designated public property.    (c)   It is a defense to prosecution under Subsection (b) of this section that the placement, erection, or maintenance of the temporary shelter by the person on the designated public property was expressly authorized by:       (1)   an ordinance or resolution of the city council;       (2)   a special event permit issued under Chapter 42A of the Dallas City Code or another license or permit granted by the city;       (3)   a contract with the city; or       (4)   if the designated public property is under the jurisdiction, management, or control of the city’s park and recreation board, a permit or other written authorization granted by the board or by the director of the park and recreation department.    (d)   A person who violates a provision of this section is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted. Each offense, upon conviction, is punishable by a fine not to exceed $500.    (e)   Before taking any enforcement action under this section, a police officer shall ask the apparent offender’s reason for placing, erecting, or maintaining a temporary shelter on the designated public property. The police officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in Subsection (c) is present. Before issuing a citation or making an arrest, the police officer shall give the person an oral or written warning that:       (1)   requests the person to cease the placement, erection, or maintenance of the temporary shelter and to completely remove the temporary shelter and all personal belongings from the designated public property within one hour after issuance of the warning; and       (2)   states that failure to comply with the warning may result in the citation or arrest of the person and the removal by the city of the temporary shelter and any personal belongings remaining on the designated public property.    (f)   If a person’s temporary shelter and personal belongings are not removed from the designated public property in compliance with a warning issued by a police officer under Subsection (e), the city may remove those items from the designated public property and store them at a secure location (if the items are determined by the city to have a market value) or dispose of them as solid waste (if the items are determined by the city to be perishable, to have no market value, or to pose a threat to the public health, safety, or welfare). If stored property is not claimed within 60 days after removal, it will be deemed unclaimed or abandoned, and the city may sell, recycle, convert, or dispose of the property in accordance with city ordinances and policies and any applicable state or federal laws. (Ord. 29070) SEC. 31-14.   ENTERING PORTIONS OF BUILDINGS WITHOUT CONSENT.    (a)   In this section:       (1)   BUILDING means an enclosed structure to which the public or a substantial group of the public has access;       (2)   CONSPICUOUSLY MARKED means a sign posted to be reasonably likely to come to the attention of anyone approaching an entrance to a portion of a building;       (3)   OWNER means a person who has title to a building or a leasehold interest in the building, or someone with apparent authority to act for a person who has title or a leasehold interest.    (b)   A person commits an offense if he enters a portion of a building without consent of the owner if the portion of the building entered is conspicuously marked to give notice that:       (1)   entry is restricted to a specific class of persons of which the actor is not a member; or       (2)   entry is prohibited to the public. (Ord. Nos. 14971; 15084) SEC. 31-14.1.   ENTERING MOTOR VEHICLES WITHOUT CONSENT.    (a)   In this section:       (1)   MOTOR VEHICLE has the meaning assigned to it by the state vehicle laws;       (2)   OWNER means the person who has title to the motor vehicle or the person who is operating or in control of the motor vehicle with the consent of the title holder.    (b)   A person commits an offense if he enters any portion of a motor vehicle without the consent of the owner.    (c)   It is a defense to prosecution under Subsection (b) that the person who entered the motor vehicle was:       (1)   a law enforcement officer or was acting under the direction of a law enforcement officer; or       (2)   operating pursuant to a vehicle tow service license or a vehicle storage facility license issued under Chapter 48A of this code and was in the process of removing an illegally parked or unauthorized vehicle from private property or storing an illegally parked or unauthorized vehicle that was removed from private property. (Ord. Nos. 16617; 19099) SEC. 31-15.   SOLICITATION IN CERTAIN BUILDINGS WITHOUT CONSENT.    A person commits an offense if he:       (1)   solicits customers or patronage for himself or on behalf of another or distributes advertising matter, upon the premises of a hotel, private office building, or public building in the city without first having obtained written consent from the owner, lessee, managing agent, or person in charge of the operation of the hotel, private office building, or public building; or       (2)   solicits, seeks, or begs contributions for himself or on behalf of another upon the premises of a hotel, private office building, or public building in the city without first having obtained written consent from the owner, lessee, managing agent, or person in charge of the operation of the hotel, private office building, or public building. (Ord. 14971) SEC. 31-16.   REPLICA FIREARMS.    (a)   In this section:       (1)   AIR SOFT GUN means a spring- operated, gas-operated, or battery- powered replica firearm made of hard plastic or light metal that fires plastic or other nonmetallic projectiles.       (2)   FIREARM means any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance, or any device readily convertible to that use.       (3)   ICE CREAM VENDING TRUCK OR PUSHCART means any vehicle from which ice cream or other frozen desserts are sold or offered for sale.       (4)   PAINTBALL GUN means a replica firearm that is powered by compressed gas (carbon dioxide, nitrogen, or ordinary air) and fires dye-filled gelatinous capsules.       (5)   PUBLIC PLACE means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.       (6)   REPLICA FIREARM means any device or object that is a toy version or facsimile of, or is reasonably likely to be perceived as, a pistol, revolver, shotgun, sawed-off shotgun, rifle, machine gun, rocket launcher, or other firearm, and includes but is not limited to a starter pistol, BB gun, pellet gun, air soft gun, paintball gun, or air rifle.    (b)   A person commits an offense if he recklessly displays or brandishes a replica firearm in a manner or under circumstances that cause another person to:       (1)   reasonably believe that the replica firearm is actually an operable firearm; and       (2)   fear imminent bodily injury from a firearm.    (c)   It is defense to prosecution under Subsection (b) that the person displaying or brandishing the replica firearm did so in self defense.    (d)   A person commits an offense if he displays or brandishes a replica firearm in any public place within the city.    (e)   It is a defense to prosecution under Subsection (d) that the replica firearm was:       (1)   a non-firing collector replica firearm modeled on a real firearm and not intended for use as a toy; or       (2)   a decorative, ornamental, or miniature object having the appearance, shape, or configuration of a firearm and measuring not more than 38 millimeters in height and 70 millimeters in length (excluding any gun stock length measurement), including, but not limited to, an object intended to be displayed on a desk, worn on a bracelet or necklace, or attached to a keychain; or       (3)   being displayed or brandished at a lawfully-operated, contained location designated for games, events, and activities that involve replica firearms such as, but not limited to, paintball guns and air soft guns; or       (4)   being displayed at a lawfully-operated business establishment authorized to sell merchandise, including replica firearms; or       (5)   being displayed or brandished as part of an event, performance, demonstration, or ceremony authorized by the city or sponsored and conducted by a subdivision of any federal, state, or local government; or       (6)   being displayed or brandished in the production of a television program, a theatrical presentation, or a motion picture or other filming event in the city and written permission was obtained from the city to use the replica firearm in the production; or       (7)   being displayed or brandished in a historical reenactment, military event, or other special event in the city requiring the use of a replica firearm and written permission was obtained from the city to use the replica firearm in the event; or       (8)   being displayed or brandished for the purpose of protecting persons or property as authorized under Chapter 9 of the Texas Penal Code; or       (9)   being displayed or brandished by a law enforcement officer or other government employee or official while acting in the performance of official duties.    (f)   A person commits an offense if he:       (1)   removes or obscures:          (A)   the blaze orange tip required to be on a replica firearm under Title 15, Section 5001 of the United States Code; or          (B)   any other colors or markings required to be on a replica firearm under city ordinance or federal or state law; or       (2)   possesses a replica firearm on which the blaze orange tip required by Title 15, Section 5001 of the United States Code or any other colors or markings required by city ordinance or state or federal law have been removed or obscured.    (g)   A person commits an offense if he, either personally or through an employee or agent, sells or offers for sale a replica firearm from an ice cream vending truck or pushcart.    (h)   The owner, operator, or person in control of an ice cream vending truck or pushcart commits an offense if a replica firearm is present in or on the truck or pushcart while it is in the city.    (i)   A person who violates a provision of this section is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted. Each offense, upon conviction, is punishable by a fine not to exceed $500. (Ord. Nos. 19855; 26761) SEC. 31-17.   SPECIFIED SEX OFFENDERS NEAR SCHOOLS AND CHILD-CARE FACILITIES.    (a)   In this section:       (1)   CHILD-CARE FACILITY has the meaning given that term in Section 51A-4.204(3)(A) of the Dallas Development Code, as amended.       (2)   CONTINUAL PATTERN OF UNAUTHORIZED ENTRY means that, on at least two occasions within the preceding 12-month period, the specified sex offender came onto the premises of any school or child-care facility or onto a street, sidewalk, or other public way adjacent to the premises of any school or child- care facility and was asked to leave by a person in authority.       (3)   PERSON IN AUTHORITY means the chief administrative officer of the school or child-care facility, the chief administrative officer’s authorized agent, or a peace officer.       (4)   SCHOOL means any public or private school that has a curriculum for kindergarten, elementary, or secondary education and that exists apart from a child’s home.       (5)   SPECIFIED SEX OFFENDER means any person required to register as a sex offender under Chapter 62 of the Texas Code of Criminal Procedure, as amended, for a reportable conviction or adjudication of any of the following violations:          (A)   Continuous sexual abuse of a young child or children, as described in Section 21.02 of the Texas Penal Code, as amended.          (B)   Indecency with a child, as described in Section 21.11 of the Texas Penal Code, as amended.          (C)   Sexual assault of a child, as described in Section 22.011 of the Texas Penal Code, as amended.          (D)   Aggravated sexual assault of a child, as described in Section 22.021 of the Texas Penal Code, as amended.          (E)   Online solicitation of a minor, as described in Section 33.021 of the Texas Penal Code, as amended.          (F)   Sexual performance by a child, as described in Section 43.25 of the Texas Penal Code, as amended.          (G)   Possession or promotion of child pornography, as described in Section 43.26 of the Texas Penal Code, as amended.          (H)   Any other violation listed in Article 62.001(5) of the Texas Code of Criminal Procedure, as amended, involving a victim younger than 17 years of age.          (I)   A violation of the laws of another state, federal law, laws of a foreign country, or the Uniform Code of Military Justice if the violation contained elements substantially similar to the elements of the violations described in Subparagraphs (A) through (H) of this paragraph.    (b)   A person commits an offense if the person is a specified sex offender and:       (1)   remains on any part of the premises of a school or child-care facility or on any street, sidewalk, or other public way adjacent to any part of the premises of a school or child-care facility after being asked to leave by a person in authority;       (2)   reenters onto any part of the premises of a school or child-care facility or onto any street, sidewalk, or other public way adjacent to any part of the premises of a school or child-care facility within seven days of being asked to leave by a person in authority; or       (3)   has established a continual pattern of unauthorized entry onto the premises of any school or child-care facility or onto a street, sidewalk, or other public way adjacent to the premises of any school or child-care facility.    (c)   It is a defense to prosecution under Subsection (b) that the person:       (1)   was the parent or guardian of a child attending the school or child-care facility, unless a court of competent jurisdiction has issued an order restricting the person’s access to or presence near the child;       (2)   was at the time of the offense enrolled in and attending the school as a student;       (3)   had prior written permission from the chief administrative officer of the school or child-care facility to be present, at the time of the offense, on the premises or on the street, sidewalk, or other public way adjacent to the premises; or       (4)   was in active transit in a motor vehicle on a public street that was a direct route between two locations at which the person had legitimate business.    (d)   A person who violates a provision of this section is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted. Each offense, upon conviction, is punishable by a fine not to exceed $500. (Ord. Nos. 22355; 28065) SEC. 31-17.1.   RESTRICTIONS ON SEX OFFENDERS RESIDING IN THE SAME DWELLING UNIT.    (a)   In this section:       (1)   DWELLING means a structure or building occupied as a residence.       (2)   DWELLING UNIT means one or more rooms in a single-family, duplex, townhouse, or multifamily dwelling that:          (A)   are designed to be a single housekeeping unit to accommodate one family; and          (B)   contain one or more kitchens, one or more bathrooms, and one or more bedrooms.       (3)   MULTIFAMILY DWELLING means a multifamily use as defined in Section 51A-4.209(b)(5) of the Dallas Development Code, as amended.       (4)   REGISTERED SEX OFFENDER means any person registered or required to register as a sex offender under Chapter 62 of the Texas Code of Criminal Procedure, as amended.    (b)   A person who is a registered sex offender commits an offense if the person resides, either temporarily or permanently, in the same dwelling unit with another registered sex offender.    (c)   The owner, operator, or person in control of a dwelling unit commits an offense if he or she, either personally or through an employee or agent, allows a registered sex offender to reside, either temporarily or permanently, in the dwelling unit with another registered sex offender.    (d)   It is a defense to prosecution under Subsection (b) or (c) that:       (1)   all registered sex offenders residing in the dwelling unit were related to each other by one or any combination of the following:          (A)   blood;          (B)   marriage;          (C)   adoption; or          (D)   foster care under a placement program authorized by the Texas Department of Family and Protective Services pursuant to Chapter 264, Subchapter B of the Texas Family Code, as amended;       (2)   the violation for which the sex offender was required to register was the only sex crime on the sex offender’s record and, at the time of that violation, the victim in the case was:          (A)   between 14 and 17 years of age;          (B)   a willing participant in the sexual activity; and          (C)   not more than four years younger than the registered sex offender; or       (3)   the dwelling unit was a lawfully established and lawfully operating:          (A)   halfway house, as defined in Section 51-4.204(5) or 51A-4.204(13) of the Dallas Development Code, as amended;          (B)   overnight general purpose shelter, as defined in Section 51A-4.205(2.1) of the Dallas Development Code, as amended;          (C)   homeless assistance center, as defined and authorized in Section 51P-357.108 of the Dallas Development Code, as amended; or          (D)   institute for special education that holds a valid certificate of occupancy specifically for that use and that operates a program approved by the State of Texas for the housing, rehabilitation, and training of criminal offenders.    (e)   A person who violates a provision of this section is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted. Each offense, upon conviction, is punishable by a fine not to exceed $500. (Ord. 28065) SEC. 31-18.   URINATING OR DEFECATING IN PUBLIC.    (a)   A person commits an offense if he urinates or defecates:       (1)   in or on a public street, alley, sidewalk, yard, park, building, structure, plaza, public or utility right-of-way, or other public place; or       (2)   in public view.    (b)   It is a defense to prosecution under this section if the person was in a restroom. (Ord. 14971) SEC. 31-19.   SOLICITATION FOR SODOMY - NOT FOR HIRE.    (a)   In this section SODOMY means any contact between the genitals of one person and the mouth or anus of another person.    (b)   A person commits an offense if he solicits another in a public place to engage with him in sodomy not for hire.    (c)   A person violating a provision of this section is guilty of an offense and, upon conviction, will be punished by a fine of not less than $100 and not more than $500. (Ord. Nos. 14971; 19963) SEC. 31-20.   SOLICITATION FOR OBSCENE CONDUCT - NOT FOR HIRE.    (a)   In this section OBSCENE CONDUCT means the touching or displaying of the anus or any part of the genitals of another person or the breast of a female 10 years or older.    (b)   A person commits an offense if he solicits another person in a public place to engage with him in obscene conduct not for hire.    (c)   A person violating a provision of this section is guilty of an offense and, upon conviction, will be punished by a fine of not less than $100 and not more than $500. (Ord. Nos. 14971; 15208; 19963) SEC. 31-21.   SOLICITATION IN FOOD AND DRINK ESTABLISHMENT.    (a)   In this section ESTABLISHMENT means a hotel, motel, night club, cabaret, bar, lounge, tavern, coffee house, theater, arcade, restaurant, café, cafeteria, sandwich shop, lunch counter, dining room, or other place of public accommodation, amusement, recreation, or entertainment not subject to the provisions of the Texas Liquor Control Act.    (b)   A person commits an offense if while on the premises of an establishment which sells or offers for sale food or beverages for consumption on the premises:       (1)   as the owner, corporate officer, operator, manager, agent, servant, or employee of the establishment he solicits a person to buy food or a beverage for consumption on the premises by an owner, corporate officer, operator, manager, or employee of the establishment; or       (2)   as owner, corporate officer, operator, manager, or other person having control of the establishment, he intentionally or knowingly permits an employee of the establishment to solicit a person to buy food or a beverage for consumption on the premises by an owner, corporate officer, operator, manager, or employee of the establishment.    (c)   A person violating a provision of this section is guilty of an offense and, upon conviction, will be punished by a fine not less than $100 and not more than $500. (Ord. Nos. 14971; 15573; 19963) SEC. 31-22.   REGULATIONS FOR PUBLIC SPEECHES IN STONE PLACE, FOUR-WAY PLACE AND BULLINGTON STREET MALL.    (a)   In this section LEGAL HOLIDAY means New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.    (b)   A person commits an offense if he:       (1)   uses a portion of Stone Place, Four-Way Place or the Bullington Street Mall for the purpose of a demonstration, entertainment, or speech between the hours of 7:00 a.m. and 7:00 p.m. on any day except Sunday and legal holidays, without first obtaining a permit from the chief of police;       (2)   uses an area outside of, but within 100 feet of, an entrance to Stone Place, Four-Way Place or the Bullington Street Mall for the purpose of a demonstration, entertainment, or speech, between the hours of 7:00 a.m. and 7: 00 p.m. of any day except Sunday and legal holidays; or       (3)   while using Stone Place, Four-Way Place, or the Bullington Street Mall, for the purpose of a demonstration, entertainment, or speech creates a sound pressure level equal to or in excess of the following decibel limits specified in the designated octave bands:   Octave Band 37 75 150 300 600 1200 2400 4800 A (cps) 75 150 300 600 1200 2400 4800 9600 Scale Decibel Band Limit (db re 0.0002 80 68 61 55 51 48 45 43 56 Micro-bar) NOTE: A Scale levels are provided for monitoring purposes only. Noise measurements are made in the same manner as provided in the Environmental Performance Standards of the Dallas Development Code.      (c)   The chief of police is authorized to issue permits for demonstrations, entertainment, or speeches in Stone Place, Four-Way Place, or the Bullington Street Mall when application is made in writing. The permit will state the date and time of use and the purpose and manner of use, and a permittee shall act in accordance with the provisions of the permit.    (d)   The chief of police shall limit permits issued to the following periods:       Period A - from 7:00 a.m. to 9:00 a.m.       Period B - from 9:00 a.m. to 11:00 a.m.       Period C - from 1:00 p.m. to 3:00 p.m.       Period D - from 3:00 p.m. to 5:00 p.m.       Period E - from 5:00 p.m. to 7:00 p.m. The chief of police shall issue a permit for only one time period per day to each person or organization applying and shall issue the permit for a particular time and designated location, i.e. Stone Place, Four-Way Place, or the Bullington Street Mall, to the first applicant making proper application for that time and location. No permit may be issued for the period of time between 11:00 a.m. and 1:00 p.m.    (e)   The chief of police shall issue only one permit for each location during a single time period.    (f)   If a permittee commits an offense under this section or violates a provision of the permit, the chief of police shall revoke the permit. If the chief of police denies or revokes a permit, the appeal procedure described in Section 28-192 of this code applies.    (g)   A permit issued pursuant to this section does not authorize a person to obstruct or cause obstruction of a sidewalk, entrance, or exit to which the public has access nor does it authorize the violation of other provisions of this code. (Ord. Nos. 14971; 15472; 19455) SEC. 31-22.1.   REGULATIONS FOR PUBLIC SPEECHES IN PUBLIC AREAS SURROUNDING THANKSGIVING SQUARE.    (a)    In this section PUBLIC AREA SURROUNDING THANKSGIVING SQUARE (sometimes referred to as Thanks-Giving Square Surrounding Area) means the public streets and sidewalks between the private property lines of Block 476 of the city and the boundary lines of private property opposite Block 476 on Bryan Street (Blocks 233 and 237), Ervay Street (Block 477), and Pacific Avenue (Block 75). The land within the boundaries of Thanks-Giving Square situated on Block 476 is private property.    (b)   A person commits an offense if he:       (1)   uses a portion of the public area surrounding Thanks-Giving Square for the purpose of a demonstration, entertainment, or speech between the hours of 7:00 a.m. and 9:00 p.m. on any day, without first obtaining a permit from the chief of police; or       (2)   while using the public area surrounding Thanks-Giving Square for the purpose of a demonstration, entertainment, or speech creates a sound pressure level equal to or in excess of the following decibel limits specified in the designated octave bands:   Octave Band 37 75 150 300 600 1200 2400 4800 A (cps) 75 150 300 600 1200 2400 4800 9600 Scale Decibel Band Limit (db re 0.0002 80 68 61 55 51 48 45 43 56 Micro-bar) NOTE: A Scale levels are provided for monitoring purposes only. Noise measurements are made in the same manner as provided in the Environmental Performance Standards of the Dallas Development Code.      (c)   The chief of police is authorized to issue permits for demonstrations, entertainment, or speeches in the public area surrounding Thanks-Giving Square when application is made in writing. The permit will state the date and time of use and the purpose and manner of use, and a permittee shall act in accordance with the provisions of the permit.    (d)   The chief of police shall limit permits issued to the following periods:       Period A - from 7:00 a.m. to 9:00 a.m.       Period B - from 9:00 a.m. to 11:00 a.m.       Period C - from 1:00 p.m. to 3:00 p.m.       Period D - from 3:00 p.m. to 5:00 p.m.       Period E - from 5:00 p.m. to 7:00 p.m.       Period F - from 7:00 p.m. to 9:00 p.m. The chief of police shall issue a permit for only one time period per day to each person or organization applying and shall issue the permit for a particular time to the first applicant making proper application for that time. No permit may be issued for the period of time between 11:00 a.m. and 1:00 p.m.    (e)   The chief of police shall issue only one permit during a single time period. The chief of police shall inquire about activities planned to take place on Thanks-Giving Square and shall take care not to issue a permit for an activity that will conflict with an activity planned on the square.    (f)   If a permittee commits an offense under this section or violates a provision of the permit, the chief of police shall revoke the permit. If the chief of police denies or revokes a permit, the appeal procedure described in Section 28-192 of this code applies.    (g)   A permit issued pursuant to this section does not authorize a person to obstruct or cause obstruction of a sidewalk, entrance, or exit to which the public has access nor does it authorize the violation of other provisions of this code. (Ord. Nos. 15472; 19455) SEC. 31-23.   UNAUTHORIZED USE OF CITY SEAL OR OTHER INSIGNIA.    A person commits an offense if he uses the official flag, seal, shield, service mark, badge, or other insignia of the city or a department of the city or a facsimile of the flag, seal, shield, service mark, badge, or other insignia of the city or a department of the city:       (1)   for a commercial purpose; or       (2)   to signify sponsorship or approval by an agency or department of the city; without first obtaining express written authorization from the city manager. (Ord 14971) SEC. 31-24.   RESERVED.    (Repealed by Ord. 19196) SEC. 31-25.   PROHIBITING RELEASE OF RATS; DEFENSES.    (a)   A person commits an offense if he:       (1)   possesses a live rat in captivity; or       (2)   releases a live rat from captivity.    (b)   It is a defense to prosecution under Subsection (a)(1) that:       (1)   the actor possessed the live rat for the purpose of bona fide scientific experimentation; or       (2)   the rat is trained and kept as a pet. (Ord. 15234) SEC. 31-26.   RESERVED.    (Repealed by Ord. 19196) SEC. 31-27.   MANIFESTING THE PURPOSE OF ENGAGING IN PROSTITUTION.    (a)   A person commits an offense if he loiters in a public place in a manner and under circumstances manifesting the purpose of inducing, enticing, soliciting, or procuring another to commit an act of prostitution. Among the circumstances which may be considered in determining whether such purpose is manifested: that such person is a known prostitute or panderer, repeatedly beckons to, stops or attempts to stop, or engages passers-by in conversation, or repeatedly stops or attempts to stop motor vehicle operators by hailing, waving of arms, or any other bodily gesture. No arrest shall be made for a violation of this subsection unless the arresting officer first affords such person an opportunity to explain such conduct, and no one shall be convicted of violating this subsection if it appears at trial that the explanation given was true and disclosed a lawful purpose.    (b)   For the purpose of this section, a “known prostitute or panderer” is a person who, within one year previous to the date of arrest for violation of this section, has within the knowledge of the arresting officer been convicted of prostitution, promotion of prostitution, aggravated promotion of prostitution, or compelling prostitution.    (c)   The definition of prostitution in the Texas Penal Code shall apply to this section. (Ord. 15247) SEC. 31-28.   FAILURE TO DISCLOSE REPRESENTATION.    (a)   A person commits an offense if, for compensation, he represents the interest of another by personal appearance before the city council or any board or commission of the city, and fails to disclose the fact of such representation and the name or names of the person or persons so represented.    (b)   In this section:       (1)   PERSON means an individual, committee, club, or other organization, or a group of persons who are voluntarily acting in concert.       (2)   COMPENSATION means money, service, facility, or thing of value or financial benefit which is received or to be received in return for or in connection with services rendered or to be rendered. (Ord. 15597) SEC. 31-29.   DIALING 9-1-1 WHEN NO EMERGENCY EXISTS.    (a)   A person commits an offense if he knowingly dials a 9-1-1 emergency telephone number when no emergency exists.    (b)   A person is presumed to have dialed a 9-1-1 emergency telephone number if the telephone from which the number is dialed is listed in his name with the local telephone company. (Ord. 19889) SEC. 31-30.   MANIFESTING THE PURPOSE OF SELLING ILLEGAL DRUGS AND CHEMICALS.    (a)   A person commits an offense if he loiters in a public place in a manner and under circumstances manifesting the purpose of selling any illegal controlled substance, dangerous drug, simulated controlled substance, or volatile chemical. Among the circumstances that may be considered in determining whether such a purpose is manifested are:       (1)   the person is a known drug dealer;       (2)   the person is at a location frequented by persons who use, possess, or sell drugs;       (3)   the person repeatedly engages in conversation with passers-by, whether on foot or in a vehicle; or       (4)   the person repeatedly passes to or receives from passers-by, whether on foot or in a vehicle, money, objects, or written material.    (b)   No arrest shall be made for a violation of Subsection (a) unless the arresting officer first affords the person an opportunity to explain his conduct, and no one shall be convicted of violating Subsection (a) if it appears at trial that the explanation given was true and disclosed a lawful purpose.    (c)   For the purpose of this section, a “known drug dealer” is a person who, within one year previous to the date of arrest for violation of this section, has within the knowledge of the arresting officer been convicted of the manufacture, sale, or delivery of any illegal controlled substance, dangerous drug, simulated controlled substance, or volatile chemical. (Ord. Nos. 20052; 20076) SEC. 31-31.   PROHIBITING FREE DISTRIBUTION OF TOBACCO PRODUCTS IN PUBLIC PLACES.    A person commits an offense if, for any commercial purpose, he distributes any cigarette or other tobacco or smoking product free to any person in or on any public street, sidewalk, park, playground, building, or other public place. (Ord. 20781) SEC. 31-32.   SOLICITATION TO PURCHASE A PROHIBITED SUBSTANCE.    (a)   In this section:       (1)   CONTROLLED SUBSTANCE has the same meaning ascribed to the term by Section 481.002 of the Texas Health and Safety Code, as amended.       (2)   CONTROLLED SUBSTANCE ANALOGUE has the same meaning ascribed to the term by Section 481.002 of the Texas Health and Safety Code, as amended.       (3)   DANGEROUS DRUG has the same meaning ascribed to the term by Section 483.001 of the Texas Health and Safety Code, as amended.       (4)   PROHIBITED SUBSTANCE means a controlled substance, controlled substance analogue, dangerous drug, volatile chemical, or any combination of those substances.       (5)   VOLATILE CHEMICAL means any chemical or isomar of a chemical listed in Section 484.002 of the Texas Health and Safety Code, as amended.    (b)   A person commits an offense if, with intent to acquire a prohibited substance, he requests, commands, or attempts to induce another to sell, donate, or otherwise transfer or deliver a prohibited substance to the person.    (c)   A person may not be convicted under this section unless:       (1) the testimony of the person allegedly solicited is corroborated; and       (2) the solicitation is made under circumstances strongly corroborative of both the solicitation itself and the person’s intent that the other person act on the solicitation.    (d)   It is no defense to prosecution under this section that:       (1)   no monetary or other consideration was tendered to the person solicited; or       (2)   the person solicited was unable or unwilling to transfer or deliver a prohibited substance.    (e)   It is an affirmative defense to any prosecution under this section that the solicitation was made:       (1)   in furtherance of a transaction that would not constitute a violation of any applicable law; or       (2)   by a peace officer, federal law enforcement officer, or other law enforcement agent acting in the lawful discharge of an official duty.    (f)   An offense under this section is punishable by a fine of not less than $100 nor more than $2,000.    (g)   Any conduct proscribed under this section that is also an offense under state law shall not be prosecuted under this section, but shall be prosecuted pursuant to, and punishable as provided by, the applicable state law. An offense under this section is not a lesser included offense under Chapter 481, 483, or 484 of the Texas Health and Safety Code. (Ord. 20795) SEC. 31-32.1.   ILLEGAL SMOKING PRODUCTS AND RELATED PARAPHERNALIA PROHIBITED.    (a)   In this section:       (1)   ILLEGAL SMOKING PARAPHERNALIA means any equipment, device, or utensil that is used or intended to be used in ingesting, inhaling, or otherwise introducing into the human body an illegal smoking product, which paraphernalia includes but is not limited to:          (A)   a metal, wooden, acrylic, glass, stone, plastic, or ceramic pipe with or without a screen, permanent screen, hashish head, or punctured metal bowl;          (B)   a water pipe;          (C)   a carburetion tube or device;          (D)   a smoking or carburetion mask;          (E)   a chamber pipe;          (F)   a carburetor pipe;          (G)   an electric pipe;          (H)   an air-driven pipe;          (I)   a chillum;          (J)   a bong; or          (K)   an ice pipe or chiller.       (2)   ILLEGAL SMOKING PRODUCT means any substance, however labeled and regardless of whether the substance is marketed for the purpose of being smoked, which includes any one or more of the following chemicals:          (A)   Salvia divinorum, including:             (i)   all parts of the plant, whether growing or not;             (ii)   the seeds of the plant;             (iii)   any extract from any part of the plant; and             (iv)   any compound, salt, derivative, mixture, or preparation of the plant, its seeds, or its extracts, including Salvinorin A;          (B)   2-[(1R,3S)-3-hydroxycyclo-hexyl]-5- (2-methyloctan-2-yl)phenol (also known as CP47, 497) and homologues;          (C)   [(6aS,10aS)-9-(hydroxy-methyl)-6,6- dimethyl-3-(2-methyloctan-2- yl)-6a, 7,10,10a- tetrahydrobenzo[c]chromen-1-ol] (also known as HU- 211 or Dexanabinol);          (D)   1-pentyl-3-(1-napthoyl)indole (also known as JWH-018);          (E)   1-butyl-3-(1-napthoyl)indole (also known as JWH-073); or          (F)   1-pentyl-3-(4-methoxynaph- tholy)indole (also known as JWH-081).    (b)   A person commits an offense if, in the city, he:       (1)   possesses, buys, sells, offers for sale, delivers, or transfers any illegal smoking product;       (2)   causes any illegal smoking product to be sold, delivered, or transferred to another person;       (3)   uses, inhales, ingests, or otherwise introduces into his body any illegal smoking product; or       (4)   uses or possesses with the intent to use any illegal smoking paraphernalia to inhale, ingest, or otherwise introduce into his body any illegal smoking product.    (c)   It is a defense to prosecution under this section that an illegal smoking product or illegal smoking paraphernalia was:       (1)   in the possession of a peace officer, or a person acting under the authority of a peace officer, acting in the performance of official duties;       (2)   in the possession of or being used by a governmental entity for a health, research, education, or similar program;       (3)   in the possession of or being used by a medical, educational, or research institute operating in compliance with all applicable city ordinances and state and federal laws;       (4)   possessed or used by a person under a prescription issued by a licensed physician or dentist authorized to prescribe controlled substances in the State of Texas; or       (5)   possessed or used by a person as part of a bona fide religious ritual or ceremony.    (d)   A person violating a provision of this section is, upon conviction, punishable by a fine not to exceed $2,000. A person commits a separate offense for each day or part of a day during which a violation is committed, continued, or permitted.    (e)   The culpable mental state required for the commission of an offense under this section is governed by Section 1-5.1 of this code. (Ord. 27960) SEC. 31-33.   CURFEW HOURS FOR MINORS.    (a)   Definitions. In this section:       (1)   CURFEW HOURS means:          (A)   11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday until 6:00 a.m. of the following day;          (B)   12:01 a.m. until 6:00 a.m. on any Saturday or Sunday; and          (C)   9:00 a.m. until 2:30 p.m. on any Monday, Tuesday, Wednesday, Thursday, or Friday.       (2)   EMERGENCY means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.       (3)   ESTABLISHMENT means any privately-owned place of business operated for a profit to which the public is invited, including but not limited to any place of amusement or entertainment.       (4)   GUARDIAN means:          (A)   a person who, under court order, is the guardian of the person of a minor; or          (B)   a public or private agency with whom a minor has been placed by a court.       (5)   IN SESSION means the status of a school during the fall or spring term when students are required to attend the school. A school is not in session during its summer break or during any holiday or other scheduled general student vacation day or part of a day observed by the school.       (6)   MINOR means any person under 17 years of age.       (7)   OPERATOR means any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation.       (8)   PARENT means a person who is:          (A)   a natural parent, adoptive parent, or step-parent of another person; or          (B)   at least 18 years of age and authorized by a parent or guardian to have the care and custody of a minor.       (9)   PUBLIC PLACE means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.       (10)   REMAIN means to:          (A)   linger or stay; or          (B)   fail to leave premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises.       (11)   SERIOUS BODILY INJURY means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.    (b)   Offenses.       (l)   A minor commits an offense if the minor remains in any public place or on the premises of any establishment within the city during curfew hours.       (2)   A parent or guardian of a minor commits an offense if the parent or guardian knowingly permits, or by insufficient control allows, the minor to remain in any public place or on the premises of any establishment within the city during curfew hours.       (3)   The owner, operator, or any employee of an establishment commits an offense if the owner, operator, or employee knowingly allows a minor to remain upon the premises of the establishment during curfew hours.    (c)   Defenses.       (l)   It is a defense to prosecution under Subsection (b) that the minor was:          (A)   accompanied by the minor's parent or guardian;          (B)   on an errand at the direction of the minor's parent or guardian, without any detour or stop;          (C)   in a motor vehicle involved in interstate travel;          (D)   engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;          (E)   involved in an emergency;          (F)   on the sidewalk abutting the minor's residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the police department about the minor's presence, except that this defense does not apply to a violation of the curfew hours described in Subsection (a)(l)(C) of this section;          (G)   attending an official school, religious, community engagement, or other recreational activity supervised by adults and sponsored by the city of Dallas, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious, community engagement, or other recreational activity supervised by adults and sponsored by the city of Dallas, a civic organization, or another similar entity that takes responsibility for the minor;           (H)   exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly; or          (I)   married or had been married or had disabilities of minority removed in accordance with Chapter 31 of the Texas Family Code.       (2)   It is a defense to prosecution under Subsection (b)(3) that the owner, operator, or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during curfew hours and refused to leave.       (3)   It is a defense to prosecution under Subsection (b) of this section for a violation of the curfew hours described in Subsection (a)(l)(C) that:          (A)   the school in which the minor was enrolled or otherwise required to attend was not in session;          (B)   the minor was on the premises of the school in which the minor was enrolled or otherwise required to attend;          (C)   the minor was participating in a school-approved work study program, or was going to the work study program or returning to home or school from the workstudy program without any detour or stop;          (D)   the minor was on a lunch break from a school that permits an open campus lunch and was qualified to participate in the open campus lunch program;          (E)   the minor was on an excused absence from the school in which the minor was enrolled or otherwise required to attend and had permission from a school official, or, in the case of a home-schooled minor, from the minor's parent or guardian; or          (F)   the minor was a high school graduate or had received a high school equivalency certificate.    (d)   Enforcement.       (1)   Before taking any enforcement action under this section, a police officer shall ask the apparent offender's age and reason for being in the public place. The officer shall provide two verbal warnings in advisement of the juvenile curfew upon first contact with a minor. The officer shall then attempt to contact the minor's parent or guardian. The officer then may transport the minor home without taking enforcement action. If a minor has been previously contacted on a violation of Subsection (b)(1), the officer shall only issue a citation for an appearance in community court. The officer shall not issue a citation under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in Subsection (c) is present.       (2)   A police officer shall not issue a citation to a parent or guardian of a minor for a violation of Subsection (b)(2) of this section, unless the parent or guardian has, within the same calendar year, received at least two prior written warnings from a police officer for a violation of Subsection (b) (2) that are documented in an incident report. In calculating the number of warnings received by a parent or guardian in a calendar year, all warnings issued to the parent or guardian that are documented in an incident report will be counted, regardless of whether the warnings relate to the same minor. If, within the same calendar year, the parent or guardian has received two written warnings from a police officer for a violation of Subsection (b)(2) that are documented in an incident report, the officer may only issue a citation for an appearance in community court.       (3)   A police officer shall not issue a citation to or arrest an owner, operator, or employee of an establishment for a violation of Subsection (b)(3) of this section, unless the owner, operator, or employee of the establishment has, within the same calendar year, received at least two prior written warnings from a police officer for a violation of Subsection (b)(3). In calculating the number of warnings received by an owner, operator, or employee of an establishment in a calendar year, all warnings issued to the same individual will be counted, regardless of whether the warnings relate to the same minor.    (e)   Penalties.       (l)   A person who violates a provision of this chapter is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted. Each offense, upon conviction, is punishable by a fine not to exceed $50.       (2)   When required by Section 51.08 of the Texas Family Code, as amended, the municipal court shall waive original jurisdiction over a minor who violates Subsection (b)(l) of this section and shall refer the minor to juvenile court.    (f)   Expiration. This section expires on March 4, 2025, unless sooner modified, terminated, or extended by city council ordinance. (Ord. Nos. 20966; 21309; 23079; 24235; 25231; 26336; 27527; 27538; 28639; 29985; 31135; 32154) SEC. 31-34.   PICKETING IN RESIDENTIAL AREAS.    (a)   In this section:       (1)   DIRECTED OR FOCUSED AT means that a particular residence or any of its occupants has been made the object of picketing.       (2)   PICKET means to station or post one or more persons to apprise the public vocally or by standing or marching with signs, banners, or other means, of an opinion or a message.       (3)   RESIDENCE means a single-family, duplex, or multi-family dwelling.    (b)   A person commits an offense if he pickets within the city on any public street, sidewalk, alley, or other public property within 200 feet of the property line of the premises of a residence when the picketing is directed or focused at that particular residence or any of its occupants.    (c)   Before a person may be arrested or issued a citation for a violation of Subsection (b), the person must have been ordered to move, disperse, or otherwise remedy the violation by:       (1)   a peace officer;       (2)   a member of the fire department;       (3)   a person with authority to control the use of the residence being picketed; or       (4)   any other person directly affected by the violation.    (d)   It is a defense to prosecution under Subsection (b) that the person:       (1)   was not given an order as required by Subsection (c);       (2)   was given an order that was manifestly unreasonable in scope; or       (3)   promptly obeyed the order given. (Ord. 21667) SEC. 31-35.   SOLICITATION BY COERCION; SOLICITATION NEAR DESIGNATED LOCATIONS AND FACILITIES; SOLICITATION AFTER SUNSET; SOLICITATION-FREE ZONES.    (a)   In this section:       (1)   AUTOMATED TELLER MACHINE means a machine, other than a telephone:          (A)   that is capable of being operated by a customer of a financial institution;          (B)   by which the customer may communicate to the financial institution a request to withdraw a benefit for the customer or for another person directly from the customer’s account or from the customer’s account under a line of credit previously authorized by the financial institution for the customer; and          (C)   the use of which may or may not involve personnel of a financial institution.       (2)   CENTRAL BUSINESS DISTRICT SOLICITATION-FREE ZONE means the area of the city bounded by Woodall Rodgers Freeway on the north, Central Expressway (elevated bypass) on the east, R. L. Thornton Freeway on the south, and Stemmons Freeway on the west.       (3)   COERCION means:          (A)   to approach or speak to a person in such a manner as would cause a reasonable person to believe that the person is being threatened with:             (i)   imminent bodily injury; or             (ii)   the commission of a criminal act upon the person or another person, or upon property in the person’s immediate possession;          (B)   to persist in a solicitation after the person solicited has given a negative response;          (C)   to block, either individually or as part of a group of persons, the passage of a solicited person; or          (D)   to engage in conduct that would reasonably be construed as intended to compel or force a solicited person to accede to demands.       (4)   DEEP ELLUM SOLICITATION-FREE ZONE means the area bounded by and including the following streets or portions of streets:   STREET EXTENT Good-Latimer Expressway Elm Street to Canton Street Canton Street Good-Latimer Expressway to Hall Street Hall Street Canton Street to Elm Street Elm Street Hall Street to Good-Latimer Expressway         (5)   EXTERIOR PUBLIC PAY TELEPHONE means any coin or credit card reader telephone that is:          (A)   installed or located anywhere on a premises except exclusively in the interior of a building located on the premises; and          (B)   accessible and available for use by members of the general public.       (6)   FIXED FOOD ESTABLISHMENT means a food establishment, as defined in Section 17-1.5 of this code, that is operated from a fixed facility.       (7)   PUBLIC TRANSPORTATION STOP means an area officially marked and designated as a place to wait for a bus, a light rail vehicle, or any other public transportation vehicle that is operated on a scheduled route with passengers paying fares on an individual basis.       (8)   SELF-SERVICE CAR WASH means a structure:          (A)   at which a vehicle may be manually washed by its owner or operator with equipment that is activated by the deposit of money in a coin- operated machine; and          (B)   that is accessible and available for use by members of the general public.       (9)   SELF-SERVICE FUEL PUMP means a fuel pump:          (A)   from which a vehicle may be manually filled with gasoline or other fuel directly by its owner or operator, without the aid of an employee or attendant of the premises at which the fuel pump is located; and          (B)   that is accessible and available for use by members of the general public.       (10)   SOLICITATION means to ask, beg, solicit, or plead, whether orally or in a written or printed manner, for the purpose of receiving contributions, alms, charity, or gifts of items of value for oneself or another person.       (11)   SUNRISE means the time of day published on the weather page of the Dallas Morning News as the time for sunrise on a particular day in the city.       (12)   SUNSET means the time of day published on the weather page of the Dallas Morning News as the time for sunset on a particular day in the city.       (13)   UPTOWN SOLICITATION-FREE ZONE means the area bounded by and including the following streets or portions of streets: STREET EXTENT STREET EXTENT Akard Street Woodall Rogers Freeway to Cedar Springs Road Cedar Springs Road Akard Street to McKinnon Street McKinnon Street Cedar Springs Road to the Katy Trail Katy Trail McKinnon Street to Cambrick Street Cambrick Street Katy Trail to Central Expressway Central Expressway Cambrick Street to Woodall Rogers Freeway Woodall Rogers Freeway Central Expressway to Akard Street         (14)   VICTORY SOLICITATION-FREE ZONE means the area bounded by and including the following streets or portions of streets:   STREET EXTENT Harry Hines Boulevard Dallas North Tollway to N. Field Street N. Field Street Harry Hines Boulevard to Caroline Street Caroline Street N. Field Street to Woodall Rogers Freeway Woodall Rogers Freeway Caroline Street to Stemmons Freeway Stemmons Freeway Woodall Rogers Freeway to the Dallas North Tollway Dallas North Tollway Stemmons Freeway to Harry Hines Boulevard      (b)   A person commits an offense if he conducts a solicitation by coercion.    (c)   A person commits an offense if he conducts a solicitation in any outdoor area in the city at any time between sunset and sunrise on any day of the week. It is a defense to prosecution under this subsection if the solicitation:       (1)   consisted exclusively of passive, nonverbal acts; or       (2)   was being conducted on property with the advance written permission of the owner, manager, or other person in control of the property.    (d)   Solicitation-free zones.       (1)   A person commits an offense if he conducts a solicitation at any time in any outdoor area located within any of the following solicitation-free zones:          (A)   Central Business District solicitation-free zone.          (B)   Deep Ellum solicitation-free zone.          (C)   Uptown solicitation-free zone.          (D)   Victory solicitation-free zone.       (2)   It is a defense to prosecution under this subsection if the solicitation was being conducted on property with the advance written permission of the owner, manager, or other person in control of the property.    (e)   A person commits an offense if he conducts a solicitation to any person placing or preparing to place money in a parking meter.    (f)   A person commits an offense if he conducts any solicitation within 25 feet of:       (1)   an automated teller machine;       (2)   an entrance or exit of a bank, credit union, or other similar financial institution;       (3)   an exterior public pay telephone;       (4)   a self-service car wash;       (5)   a self-service fuel pump;       (6)   a public transportation stop; or       (7)   an outdoor dining area of a fixed food establishment.    (g)   For purposes of Subsection (f), measurement will be made in a straight line, without regard to intervening structures or objects, from the nearest point at which a solicitation is being conducted to whichever is applicable of the following:       (1)   the nearest entrance or exit of a facility in which an automated teller machine is enclosed or, if the machine is not enclosed in a facility, to the nearest part of the automated teller machine;       (2)   the nearest entrance or exit of a bank, credit union, or other similar financial institution;       (3)   the nearest part of an exterior public pay telephone;       (4)   the nearest part of the structure of a self- service car wash;       (5)   the nearest part of a self-service fuel pump;       (6)   the nearest point of any sign or marking designating an area as a public transportation stop; or       (7)   the nearest part of any table in an outdoor dining area or, if the outdoor dining area is contained within an enclosure, the nearest part of that enclosure.    (h)   In addition to any enforcement action by a peace officer for a violation of this section, any person who is a victim of a solicitation prohibited under Subsection (b), (c), (d), (e), or (f), or who witnesses a violation of Subsection (c), (d), (e), or (f), may file a complaint with the city attorney. Evidence to support a conviction for a violation of this section may include, but is not limited to, testimony of witnesses, videotape evidence of the violation, and other admissible evidence.    (i)   An offense under this section is punishable by a fine not to exceed $500. (Ord. Nos. 21030; 25213; 26738; 28075) SEC. 31-36.   MENACING ANOTHER PERSON.    (a)   In this section, BODILY INJURY and SERIOUS BODILY INJURY have the meaning given each term, respectively, in Section 1.07 of the Texas Penal Code, as amended.    (b)   A person commits an offense if he intentionally places or attempts to place another person in fear of bodily injury, serious bodily injury, or death by:       (1)   following the other person on two or more occasions; or       (2)   over a period of time, engaging in a course of conduct or committing two or more specific acts against the other person that would cause a reasonable person to fear bodily injury, serious bodily injury, or death. (Ord. 21443) SEC. 31-37.   HOURS OF CLOSURE FOR CERTAIN CITY PROPERTY.    (a)   In this section:       (1)   CENTRAL LIBRARY GROUNDS means the grounds surrounding the J. Erik Jonsson central library bounded by Wood Street on the north, Ervay Street on the east, Young Street on the south, and the property line wall located approximately 340 feet west of Ervay Street on the west.       (2)   CITY HALL PLAZA means the grounds surrounding city hall bounded by Young Street on the north, Ervay Street on the east, Canton Street on the south, and Akard Street on the west.       (3)   CONVENTION CENTER GROUNDS means the grounds, including Pioneer Plaza, surrounding the Dallas convention center that are contained within the following boundaries:       Beginning at the intersection of Young Street and Akard Street;       West on Young Street to Griffin Street;       South on Griffin Street approximately 407 feet;       West in a straight line for approximately 863 feet to the Jefferson Boulevard Viaduct;       Southwest on the Jefferson Boulevard Viaduct to the Union Pacific Railroad;       Southeast along the Union Pacific Railroad to Horton Street;       Northeast on Horton Street to Lamar Street;       Northwest on Lamar Street to Memorial Drive;       East on Memorial Drive to Griffin Street;       Southeast on Griffin Street to Canton Street;       Northeast on Canton Street to Akard Street;       North on Akard Street to Young Street at the point of beginning.    (b)   The following city property will be closed to the public each day from 12:00 midnight until 5:00 a.m.:       (1)   the city hall plaza;       (2)   the convention center grounds; and       (3)   the central library grounds.    (c)   A person commits an offense if he is on the premises of a city property designated in Subsection (b) during hours in which the property is closed.    (d)   It is a defense to prosecution under Subsection (c) that the person was:       (1)   attending or working at a special event, activity, convention, or program that was being conducted with city authorization on the city property or subsequently leaving the event, activity, convention, or program within a reasonable time after it had ended for the day;       (2)   on the city property in accordance with the terms of a lease, rental agreement, contract, or other written permission from the city; or       (3)   a city employee or a law enforcement officer in the performance of official duties. (Ord. 22036) SEC. 31-38.   DUTY OF PROPERTY OWNER TO REMOVE GRAFFITI.    (a)   In this section:       (1)   DIRECTOR means the director of the department designated by the city manager to enforce and administer this section or the director’s authorized representative.       (2)   GRAFFITI means any marking, including, but not limited to, any inscription, slogan, drawing, painting, symbol, logo, name, character, or figure, that is made in any manner on tangible property.       (3)   OWNER means any person with the legal right of possession to tangible property.    (b)   An owner of any tangible property in the city commits an offense if he fails to remove all graffiti from the property that is visible from any public property or right-of-way or from any private property other than the property on which the graffiti exists.    (c)   Before issuing a citation for a violation under Subsection (b) of this section, the director shall serve the property owner with written notice to remove the graffiti from the property within 15 calendar days after the date the notice is served. The notice may be served by handing it to the owner in person or by United States certified mail, five-day return receipt requested, addressed to the owner at the owner’s post office address as shown in the records of the appraisal district in which the property is located. If the owner cannot be found and the notice is returned by the United States Postal Service, then the owner may be notified by:       (1)   publication at least once in a newspaper of general circulation in the city;       (2)   posting the notice on or near the front door of each building on the property to which the violation relates; or       (3)   posting the notice on a placard attached to a stake driven into the ground on the property to which the violation relates.    (d)   The 15 calendar days will be counted:       (1)   from the date the notice is personally served on the owner or from the sixth day after the notice is placed in the United States certified mail; or       (2)   if the owner cannot be found or the notice is returned by the United States Postal Service, from the date the notice is:          (A)   published in accordance with Subsection (c)(1) of this section; or          (B)   posted in accordance with Subsection (c)(2) or (c)(3) of this section.    (e)   Before the director may issue a notice to remove graffiti under Subsection (c), all of the following must occur:       (1)   The city must offer to remove the graffiti from the owner’s property at no charge to the property owner. The offer must be in writing and must include a date by which the property owner must accept or refuse the offer.       (2)   The property owner must refuse the city’s offer to remove the graffiti free of charge. The refusal must be provided to the director in writing. Failure to accept or refuse the city’s offer by the date set forth in the offer is deemed to be consent for the city to remove the graffiti from the property free of charge.    (f)   If the director serves notice to a property owner under Subsection (c) and the property owner fails to remove the graffiti within the time required by Subsection (c), then the city may remove the graffiti and charge the expenses of removal to the property owner in accordance with a fee schedule adopted by city council ordinance or resolution. The city’s expenses to remove the graffiti will be collected from the owner, or levied, assessed, and collected against the property on which the work is performed. To obtain a lien against the property, the director, on behalf of the city council, shall file a statement of expenses with the county clerk of the county in which the property is located setting out the actual expenses incurred by the city, the name of the property owner, if known, and a legal description of the property. The city’s lien attaches when the statement of expenses is filed in the real property records of the county in which the property is located. The city’s lien is subordinate to any previously recorded lien and to the rights of a purchaser or lender for value who acquires an interest in the property before the statement of expenses is filed.    (g)   It is a defense to prosecution under Subsection (b) of this section that:       (1)   the city did not offer to remove the graffiti at no charge to the property owner in compliance with Subsection (e)(1);       (2)   the property owner did not refuse the city’s offer to remove the graffiti free of charge in compliance with Subsection (e)(2);       (3)   no notice was served on the property owner in compliance with Subsection (c);       (4)   the graffiti is located on transportation infrastructure;       (5)   the removal of the graffiti would create a hazard for the person performing the removal;       (6)   the property owner has removed graffiti from that particular property three or more times within the preceding 12 months; or       (7)   the graffiti was created on the property with the owner’s consent and does not violate the sign regulations of the Dallas Development Code or any other applicable city ordinance or state or federal law.    (h)   An offense under this section is punishable by a fine of not less than $200 or more than $500. (Ord. Nos. 22064; 28048) SEC. 31-39.   RESPONSIBILITY OF PARENT OR GUARDIAN FOR GRAFFITI CREATED BY A MINOR.    (a)   In this section:       (1)   GRAFFITI means any marking, including, but not limited to, any inscription, slogan, drawing, painting, symbol, logo, name, character, or figure, that is made in any manner on tangible property.       (2)   GUARDIAN means:          (A)   a person who, under court order, is the guardian of the person of a minor; or          (B)   a public or private agency with whom a minor has been placed by a court.       (3)   MINOR means any person under 17 years of age.       (4)   OWNER means any person with the legal right of possession to tangible property.       (5)   PARENT means a person who is a natural parent, adoptive parent, or step-parent of another person.    (b)   A parent or guardian of a minor commits an offense if he knowingly permits, or by insufficient control allows, the minor to create graffiti on tangible property in the city without the property owner’s consent.    (c)   An offense under this section is punishable by a fine of not less than $200 nor more than $500. (Ord. 22064) SEC. 31-39.1.   POSSESSION OF GRAFFITI IMPLEMENTS PROHIBITED; PRESUMPTIONS; DEFENSES.    (a)   In this section:       (1)   AEROSOL PAINT CONTAINER means any container that is adapted or made for the purpose of applying aerosolized paint, or any other aerosolized substance capable of defacing property.       (2)   CONSENT means assent in fact, whether express or apparent, by a person legally authorized to act for an owner of property.       (3)   ETCHING OR ENGRAVING DEVICE means a device that is capable of making a delineation or impression on tangible property, regardless of the manufacturer’s intended use for that device.       (4)   FELT TIP MARKER means any marker or similar implement that:          (A)   contains ink; and          (B)   has a flat or angled writing surface that, at its broadest width, exceeds one-eighth inch.       (5)   GRAFFITI means any temporary or permanent marking, including, but not limited to, any inscription, slogan, drawing, painting, symbol, logo, name, character, or figure, that is made in any manner on tangible property without the consent of the property owner.       (6)   GRAFFITI IMPLEMENT means any aerosol paint container, paint gun, paint ball gun, paint ball gun pellets or capsules, felt tip marker, paint stick, graffiti stick, brush, or etching or engraving device that is capable of scarring, marking, or otherwise defacing stone, glass, metal, concrete, wood, or any surface of tangible property.       (7)   MINOR means any person under 17 years of age.       (8)   OWNER means any person with the legal right of possession to tangible property.       (9)   PAINT STICK or GRAFFITI STICK means any device containing a solid or liquid form of paint, chalk, wax, epoxy, or other similar substance that leaves a visible mark upon application to a surface.       (10)   PARENT means a person who is the natural parent, adoptive parent, or step-parent of a person.       (11)   GUARDIAN means:          (A)   a person who, under court order, is the guardian of the person of a minor; or          (B)   a public or private agency with whom a minor has been placed by a court.    (b)   A person commits an offense if, with the intent to make graffiti, he possesses any graffiti implement:       (1)   in or on any part of a publicly-owned or privately-owned building, facility, park, school ground, library, playground, swimming pool, recreational facility, right-of-way, or other property when that property or that part of the property is closed to the public; or       (2)   within 10 feet of any underpass, overpass, bridge abutment, storm drain, or similar type of infrastructure.    (c)   A person is presumed to possess the graffiti implement with the intent to make graffiti on such property under Subsection (b)(1) or on such infrastructure under Subsection (b)(2) if while on the property or within 10 feet of the infrastructure, whichever applies, he possesses on or about his person at least:       (1)   one aerosol paint container; or       (2)   two graffiti implements other than an aerosol paint container.    (d)   A person commits an offense if he is the parent or guardian of a minor and knowingly permits, or by insufficient control allows, the minor to violate:       (1)   Subsection (b)(1); or       (2)   Subsection (b)(2).    (e)   It is a defense to prosecution under Subsections (b)(1) and (d)(1) that the graffiti implement was possessed on the property with consent.    (f)   It is a defense to prosecution under Subsections (b)(2) and (d)(2) that the graffiti implement was:       (1)   possessed on the property with consent; or       (2)   possessed in a place where the implement was going to be used for a non-graffiti activity, including but not limited to an employment, school, home, church, art, or similar activity, or possessed while enroute to or from such a place and activity.    (g)   For purposes of applying the defenses set forth in Subsections (e) and (f)(1) of this section, consent is presumed to exist if the person possessing the graffiti implement is an employee or relative of the property owner.    (h)   Before taking any enforcement action under Subsection (b)(2) or (d)(2) of this section, a police officer shall ask the apparent offender’s reason for being within 10 feet of the underpass, overpass, bridge abutment, storm drain, or other similar type of infrastructure with a graffiti implement and whether the apparent offender has the consent of the property owner to be on the property and to possess the graffiti implement. The officer shall not issue a citation or make an arrest under Subsection (b)(2) or (d)(2) of this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense described in Subsection (f) is present.    (i)   An offense under this section is punishable by a fine of not less than $200 or more than $500. (Ord. 26342) SEC. 31-40.   POSSESSION OF SHOPPING CARTS.    (a)   In this section, SHOPPING CART is an object that has the same meaning as in Chapter 17 of the Texas Business and Commerce Code, as amended.    (b)   A person commits an offense if he possesses a shopping cart at a location other than the premises of the retail establishment that owns the shopping cart.    (c)   It is a defense to prosecution under Subsection (b) that the person was an owner, employee, or agent of the retail establishment that owns the shopping cart and was delivering, retrieving, or returning the shopping cart to the retail establishment.    (d)   A retail establishment that owns a shopping cart shall affix to the shopping cart a durable all-weather decal stating the following in legible letters:       IT IS AN OFFENSE PUNISHABLE BY A FINE OF UP TO $500 TO POSSESS THIS SHOPPING CART AT A LOCATION OTHER THAN ON THE PREMISES OF THE RETAIL ESTABLISHMENT THAT OWNS THIS SHOPPING CART. (Ord. Nos. 25439; 30136) SEC. 31-41.   LOCK, TAKE, AND HIDE SIGNS.    (a)   An owner or person in control of property on which 100 or more parking spaces are located that are available for public use shall post and maintain on the exterior premises of the property two signs complying with Subsection (b). One additional sign is required to be posted and maintained for each 50 parking spaces over 100 that are located on the property. Also, one additional sign is required to be posted and maintained within five feet of each clustered mailbox site located on the premises of a multifamily property, as defined in Section 27-3 of this code.    (b)   Each sign required to be posted and maintained under Subsection (a) must comply with the following:       (1)   Contain language that includes the statements: “LOCK YOUR CAR, TAKE YOUR KEYS, HIDE YOUR BELONGINGS”; “A REMINDER FROM THE DALLAS POLICE DEPARTMENT”; “WATCH YOUR CAR”; and “1-800-CAR WATCH.”       (2)   Meet uniform specifications for size, color, and format established by, and maintained on file in the office of, the chief of police.       (3)   Be made of durable, all-weather material, with the lettering readable day and night.       (4)   Be approved by the chief of police.       (5)   Be permanently installed on the property in a manner and location approved by the chief of police so that at least one of the signs is visible and readable from every parking space located on the property.       (6)   Be posted so that the bottom edge of the sign is not lower than five feet or higher than eight feet above ground level.    (c)   An owner or person in control of property on which signs are required to be posted and maintained under Subsection (a) commits an offense if he fails to post or maintain signs in compliance with this section.    (d)   A person commits an offense if he removes or obstructs, or allows the removal or obstruction of, a sign required to be posted and maintained on property under Subsection (a). It is a defense to prosecution under this subsection that the removal or obstruction of the sign was caused by:       (1)   a city employee in the performance of official duties; or       (2)   the owner or person in control of the property who was performing, or causing the performance of, repairs or maintenance on the sign. (Ord. 25521) CHAPTER 31A OFFICERS AND EMPLOYEES ARTICLE I. RESERVED. Secs. 31A-1 thru 31A-3.   Reserved. ARTICLE II. CITY OF DALLAS OFFICER AND EMPLOYEE LIABILITY PLAN. Sec. 31A-4.   Definitions. Sec. 31A-5.   Coverage. Sec. 31A-6.   Defense. Sec. 31A-7.   Limits of coverage. Sec. 31A-8.   Notice of occurrence, claim, or suit; cooperation. Sec. 31A-9.   Plan period. Sec. 31A-10.   Exclusions. Sec. 31A-11.   Subrogation. Sec. 31A-12.   Legal representation. Sec. 31A-13.   Determination of coverage. Sec. 31A-14.   No creation of cause of action. ARTICLE I. RESERVED. SECS. 31A-1 THRU 31A-3.   (Repealed by Ord. 24316) ARTICLE II. CITY OF DALLAS OFFICER AND EMPLOYEE LIABILITY PLAN. SEC. 31A-4.   DEFINITIONS.    (1)   CITY means the city of Dallas, Texas.    (2)   CITY VEHICLE means a vehicle or mobile equipment either leased or owned by the city.    (3)   LOSS means an amount which a plan member is legally obligated to pay resulting from an act or omission of the plan member which is covered under this plan.    (4)   PLAN means the City of Dallas Officer and Employee Liability Plan.    (5)   PLAN MEMBER means a person who is:       (A)   an employee of the city;       (B)   a member of a city board, commission, or committee created by charter, ordinance, or resolution of the city;       (C)   a member of the city council;       (D)   a volunteer who has been approved as a volunteer by a departmental volunteer coordinator and who is working under the direction of an employee of the city; or       (E)    a member of the board of trustees of the police and fire pension fund of the city. (Ord. Nos. 18575; 20811) SEC. 31A-5.   COVERAGE.    (a)   The city shall indemnify and defend a plan member, in accordance with the terms of this plan, against a loss arising out of any claim, suit, or judgment resulting from an act or omission of the plan member during the discharge of his duties and within the scope of his office, employment, or assigned volunteer work with the city.    (b)   A plan member whose position with the city terminates is entitled to coverage in accordance with this plan for any event that occurred while the person was a plan member. (Ord. 18575) SEC. 31A-6.   DEFENSE.    (a)   The city will defend any suit against a plan member who is covered under this plan even if the suit is groundless or fraudulent.    (b)   The city may investigate, negotiate, and settle any claim or suit as it determines necessary. (Ord. 18575) SEC. 31A-7.   LIMITS OF COVERAGE.    (a)   The city will pay losses covered by this plan that a plan member is legally obligated to pay, except, that in cases arising from incidents or occurrences where the city's liability exists by virtue of the Texas Tort Claims Act (Chapter 101, Texas Civil Practices and Remedies Code), whether or not the city is a party defendant, the city will pay those losses covered by this plan that a plan member is legally obligated to pay up to, but not exceeding the limits of liability provided by that Act, as amended, for a municipality.    (b)   In addition to the coverage provided in paragraph (a) the city will pay:       (1)   the city's expenses in investigating and defending the claim or lawsuit;       (2)   costs taxed against a plan member in a suit covered by this plan and interest that accrues after entry of judgment before the city has deposited payment with the court on that part of the judgment which does not exceed the limits of coverage;       (3)   reasonable expenses of the plan member incurred at the city's request; and       (4)   attorney's fees ordered by the court to be paid by the plan member. (Ord. Nos. 18575; 18905; 19884) SEC. 31A-8.   NOTICE OF OCCURRENCE, CLAIM, OR SUIT; COOPERATION.    To be entitled to coverage under the plan a plan member must:       (1)   notify the city attorney as soon as practicable upon receipt of written notice of a claim or lawsuit, but no later than three working days after receipt;       (2)   cooperate with the city attorney and, upon the city attorney's request, assist in making settlements, in the conduct of suits, and in enforcing any right of contribution or indemnity against a person or organization who may be liable to the city because of injury or damage covered under the plan;       (3)   attend hearings and trials and assist in securing and giving evidence and obtaining the attendance of witnessess; and       (4)   not, except upon advice of the city attorney or when questioned by a police officer at the scene of an accident, give any oral or written statement or enter into any stipulation or agreement concerning a claim or lawsuit;       (5)   not, except at his own cost, voluntarily make any payment, assume any obligation, or incur any expense with respect to a claim or lawsuit without the consent of the city. (Ord. 18575) SEC. 31A-9.   PLAN PERIOD.    This plan covers only acts or omissions occurring or alleged to have occurred:    (1)   while the plan is in effect;    (2)   before the plan was in effect and which are not barred by any statute of limitations; and    (3)   if the plan is cancelled, while the plan is in effect and which are not barred by any statute of limitations. (Ord. 18575) SEC. 31A-10.   EXCLUSIONS.    (a)   Coverage under this plan does not apply to a claim or lawsuit that is brought against a plan member:       (1)   by the city;       (2)   arising out of the intentional, knowing, or criminally negligent violation of a penal statute or ordinance committed by or with the knowledge or consent of the plan member, or any claim arising out of acts of fraud committed by or at the direction of the plan member with intent to deceive or defraud;       (3)   arising out of the gross negligence of the plan member, except that the city will defend the plan member in accordance with Section 31A-6(a) of this chapter;       (4)   arising out of affirmative dishonesty or actual intent to injure by the plan member;       (5)   arising while the plan member is operating a city vehicle with no authority to operate the vehicle;       (6)   arising while the plan member is operating a city vehicle in the course of personal or private business, unless the operation of the vehicle is pursuant to the general orders or the applicable standard operating procedure of the police department;       (7)   for liability assumed by the plan member under a contract, unless the contract is entered into at the request of the city;       (8)   if the plan member joins or attempts to join with the suit against the plan member a claim against the city for benefits under this plan; or       (9)   if the plan member fails to comply with Section 31A-8 of this plan.    (b)   The city council may waive the exclusion for gross negligence set forth in Subsection (a)(3) of this section if the city council determines that circumstances justify the waiver. (Ord. Nos. 18575; 19884; 20454) SEC. 31A-11.   SUBROGATION.    If payment or legal representation is provided under this plan, the city is subrogated to the plan member's rights of recovery against any person or organization to the extent of the city's liability and payments, and the plan member must execute and deliver to the city attorney whatever documents are necessary to secure those rights. The plan member must not do anything after a loss to prejudice those rights. (Ord. 18575) SEC. 31A-12.   LEGAL REPRESENTATION.    (a)   The city will provide legal representation for a plan member in a claim or suit in which the plan member is covered under this plan.    (b)   If the city attorney determines that there is a conflict of interests for the city attorney in representing a plan member, and the plan member is otherwise entitled to coverage under this plan, the city will pay the reasonable fee of a private attorney to represent the plan member. The private attorney will be selected by mutual agreement of the plan member and the city attorney. (Ord. 18575) SEC. 31A-13.   DETERMINATION OF COVERAGE.    If the city denies coverage to a plan member, the plan member may seek a determination of coverage by a court of proper jurisdiction in Dallas County, Texas. If the court rules in favor of the plan member, the city shall provide the plan member all benefits under the plan and shall reimburse the plan member for reasonable attorney fees, expenses and costs incurred in obtaining the determination of coverage. (Ord. 18575) SEC. 31A-14.   NO CREATION OF CAUSE OF ACTION.    Nothing contained in this plan shall be construed as creating a right or cause of action against a plan member nor as giving a right to a third party to institute or maintain a suit which would not otherwise exist under law as a legal claim against a plan member. (Ord. 18575) CHAPTER 32 PARKS AND WATER RESERVOIRS ARTICLE I. IN GENERAL. Sec. 32-1.   Safety of patrons generally; limitation of activities by permit. Sec. 32-2.   Speed limit; driving upon walks. Sec. 32-3.   Injury to trees, shrubs, fences, etc. Sec. 32-4.   Abusive, obscene, etc., language or acts. Sec. 32-5.   Use of commercial vehicles, etc. Sec. 32-6.   Dogs at large. Sec. 32-6.1.   Off-leash sites for dogs. Sec. 32-7.   Protection of fish, animals, and fowl. Sec. 32-8.   Driving and parking vehicles. Sec. 32-9.   Schedules for operating facilities. Sec. 32-9.1.   Hours of closure for public parks and park amenities. Sec. 32-10.   Sale of services or goods on park property. Sec. 32-11.   Promulgation and posting of rules and regulations. Sec. 32-11.1.   Public shooting ranges. Sec. 32-11.2.   Hang-gliders, para-sails, para-kites, parachutes, and similar devices prohibited; defense. Sec. 32-11.3.   Possession of alcoholic beverages in parks. Sec. 32-11.4.   Noises interfering with enjoyment of public park and recreation areas. ARTICLE II. FAIR PARK AND STATE FAIR GROUNDS. Division 1. Generally. Sec. 32-11.5.   Fair park boundaries. Sec. 32-12.   “State fair area” defined. Sec. 32-13.   Purpose of article. Sec. 32-14.   Applicability of building code. Sec. 32-15.   Regulations pertaining to structures used one month or less. Sec. 32-16.   Rides, elevators, hoists, etc. Sec. 32-17.   Temporary waste lines. Sec. 32-18.   Electrical wiring. Sec. 32-19.   Use, storage, etc., of liquefied petroleum gases. Sec. 32-20.   Authority of building inspector and fire marshal. Division 2. Fair Park Parking Area and Fair Park Parking Licenses. Sec. 32-21.   Definitions. Sec. 32-22.   Fair Park parking license required. Sec. 32-23.   License application. Sec. 32-24.   Investigation of application. Sec. 32-25.   Issuance of license; expiration. Sec. 32-26.   License fee. Sec. 32-27.   License revocation; appeal. Sec. 32-28.   Supervising attendant; display of license. Sec. 32-28.1.   Fair Park parking area - Maximum parking fee. Sec. 32-28.2.   Posting of parking fees required. Sec. 32-28.3.   Posting signs to prohibit parking on certain property near Fair Park. ARTICLE III. MARSALIS PARK ZOO. Sec. 32-29.   Hours of opening and closing - established; exceptions. Sec. 32-30.   Same - Notice of closing hours. Sec. 32-31.   Same - Remaining in zoo after closing hours. ARTICLE IV. WHITE ROCK LAKE AND BACHMAN LAKE RESERVOIRS. Division 1. Generally. Sec. 32-32.   Jurisdiction of park and recreation board subject to primary right of Dallas Water Utilities. Sec. 32-33.   Authority of city police on property. Sec. 32-34.   Powers and duties of park and recreation director. Sec. 32-35.   Disturbing trees and shrubs; gathering pecans. Sec. 32-36.   Commercial vehicles prohibited; speed limit of vehicles. Sec. 32-37.   Seining for minnows. Sec. 32-38.   Reserved. Sec. 32-39.   Swimming. Division 2. Operation of Boats. Sec. 32-40.   Equipment prohibited on the water. Sec. 32-41.   Sanitary requirements generally. Sec. 32-42.   Prohibition of boats to suppress epidemic. Sec. 32-43.   Use of boat under influence of intoxicants. Sec. 32-44.   Special recreational events. Sec. 32-45.   Manner of operation generally. Sec. 32-46.   Reserved. Sec. 32-47.   Life preservers; lights; mufflers; speed. Sec. 32-48.   Seaworthiness generally; impounding loose boats. Sec. 32-49.   Sirens. Sec. 32-50.   Catching fish for sale. Sec. 32-51.   Designation of area for anchoring sailboats. Sec. 32-52.   Reserved. Sec. 32-53.   Impoundment for lack of license; redemption. Sec. 32-54.   Disposition of impounded boats for normal sales to redeem. ARTICLE V. ELM FORK. Sec. 32-55.   Polluting waters. Sec. 32-56.   Creating filth. Sec. 32-57.   Activities prohibited by two preceding sections deemed nuisances. Sec. 32-58.   Authority of director of public health and chief of police. Sec. 32-59.   Power and authority of city; guards. Sec. 32-60.   Penalty; civil actions. ARTICLE VI. LAKE RAY HUBBARD. Sec. 32-61.   Temporary scope. Sec. 32-62.   Definitions. Sec. 32-63.   Construction prohibited. Sec. 32-64.   Solicitation prohibited. Sec. 32-65.   Restricted areas. Sec. 32-66.   Trespassing prohibited in certain areas. Sec. 32-67.   Destruction of city property. Sec. 32-68.   Use of firearms and other discharge devices prohibited. Sec. 32-69.   Discarding of waste prohibited. Sec. 32-70.   Gasoline or oil storage. Sec. 32-71.   Advertisements. Sec. 32-72.   Prohibited uses. Sec. 32-73.   Diversion of water prohibited. Sec. 32-74.   Abandonment of personal property. Sec. 32-75.   Fishing prohibited in certain areas. Sec. 32-76.   Commercial fishing prohibited. Sec. 32-77.   Hunting prohibited. Sec. 32-78.   Camping prohibited in certain areas. Sec. 32-79.   Picnicking in designated areas. Sec. 32-80.   Recreational programs. Sec. 32-81.   Vehicle control Sec. 32-82.   Local additions to the Texas Water Safety Act. Sec. 32-83.   Authority to enforce. ARTICLE I. IN GENERAL. SEC. 32-1.   SAFETY OF PATRONS GENERALLY; LIMITATION OF ACTIVITIES BY PERMIT.    It shall be unlawful for any individual or group of individuals to participate in any activity on any public park area when such activity will create a danger to the public or may be considered a public nuisance. The park board may designate particular locations within park areas for specific activities and when deemed necessary, it may limit the conduct of such activities by the issuance of special permits upon application, which permits will set out the particular conditions under which such activity is permitted. Overnight camping is prohibited on any park property except by special permit issued by the park board or its representatives for such activity on specific occasions. (Ord. 8019) SEC. 32-2.   SPEED LIMIT; DRIVING UPON WALKS.    It shall be unlawful for any person to ride, drive or go at a rate of speed faster than speed limits as posted on standard traffic signs, upon horseback, or upon any bicycle, motorcycle, or any other vehicle whatsoever, upon any drive or street in any park of the city, or to ride or drive any wheel or animal upon any walk in such park, or to climb any tree, fence or building. (Ord. 8019) SEC. 32-3.   INJURY TO TREES, SHRUBS, FENCES, ETC.    It shall be unlawful for any person to cut, break, deface or in any way injure the trees, shrubs, plants, grass, turf, fountains, seats, fences, structures, improvements, ornaments or monuments or property, within or upon any of the public parks. (Ord. 8019) SEC. 32-4.   ABUSIVE, OBSCENE, ETC., LANGUAGE OR ACTS.    No person shall use or speak any threatening, abusive, insulting or indecent language in any of the public parks, and no person shall commit, in any such parks any obscene, lewd or indecent act or create any nuisance. (Ord. 8019) SEC. 32-5.   USE OF COMMERCIAL VEHICLES, ETC.    All vehicles used for the purpose of transporting freight and merchandise, or brick, stone or gravel, and all those commonly known as floats, moving wagons, express or delivery wagons are prohibited from entering upon or being driven through any of the public parks of the city. (Ord. 8019) SEC. 32-6.   DOGS AT LARGE.    (a)   An owner, harborer, or person having the care, custody, or control of a dog commits an offense if he causes or permits the dog to go into or upon the grounds of any public park within the city, unless the dog is led by some person and retained in custody by a leash.    (b)   It is a defense to prosecution under Subsection (a) that the dog was in an off-leash site established under Section 32-6.1 of this chapter. (Ord. Nos. 8019; 24482) SEC. 32-6.1.   OFF-LEASH SITES FOR DOGS.    (a)   In this section:       (1)   OFF-LEASH SITE means an enclosed area designated by the park board in which dogs are allowed to run at large without being secured by a leash or other restraint.       (2)   DANGEROUS DOG has the meaning given that term in Section 822.041 of the Texas Health and Safety Code, as amended.    (b)   The park board is authorized to establish off- leash sites for dogs within designated areas of the city’s parks and recreational areas. Signs designating an area as an off-leash site must be conspicuously posted at each entrance to the site.    (c)   The park board may promulgate regulations, not inconsistent with this section, that govern off-leash sites for dogs. Such regulations must be conspicuously posted at each entrance to an off-leash site. The regulations must include, but are not limited to, the following:       (1)   No person may bring into an off-leash site:          (A)   a dangerous dog;          (B)   a female dog in heat;          (C)   more than three dogs at one time; or          (D)   a dog that is not wearing tags showing that it is currently registered and vaccinated in compliance with Chapter 7 of this code.       (2)   Any person who brings a dog into an off- leash site shall:          (A)   carry materials and implements for removing and disposing of dog excreta and remove all excreta deposited by the dog in the off-leash site, in compliance with Section 7-21.2 of this code;          (B)   lead the dog on a leash and retain the dog in custody when entering and exiting an off-leash site;          (C)   keep the dog under visual and voice control at all times while in the off-leash site;          (D)   fill any hole that the dog digs in the off-leash site; and          (E)   remove the dog from the off-leash site at the first sign of aggression by the dog.       (3)   Any person who brings a child under 12 years of age into an off- leash site shall keep the child under strict supervision.    (d)   A person commits an offense, punishable by a fine of up to $2,000, if he fails to comply with any regulation:       (1)   set forth in Subsection (c) of this section; or       (2)   promulgated by the park board pursuant to Subsection (c) and posted at the off-leash site.    (e)   Use of an off-leash site by any dog constitutes:       (1)   implied consent of the owner, harborer, or person having care, custody, or control of the dog to comply with all conditions and regulations stated in this section or promulgated by the park board and posted at the off- leash site; and       (2)   a waiver of liability to the city by the owner, harborer, or person having care, custody, or control of the dog, and an agreement and undertaking to protect, indemnify, defend, and hold the city harmless, for any injury or damage caused by the dog during any time that the dog is in the off-leash site. (Ord. 24482) SEC. 32-7.   PROTECTION OF FISH, ANIMALS, AND FOWL.    Wherever the city owns or keeps any fish, animals or fowl on public exhibition in any of the public parks or grounds of the city, it shall be unlawful for any person in any manner to injure, annoy or interfere with any such animal, fish or fowl, or to injure or interfere with, in any manner, any of the enclosures in which any animal, fish or fowl may be kept. The term “annoy” or “interfere with” shall include any attempt on the part of the person, save and except the duly authorized keeper thereof, or person in charge thereof, to feed or offer any foodstuff or other substance to any such animal, fish or fowl. Whenever any fish, fowl or animals are kept on exhibition, it shall be the duty of the public to obey all rules provided by the park board or other authority for the exhibition of any such animal, fish or fowl. (Ord. 8019) SEC. 32-8.   DRIVING AND PARKING OF VEHICLES.    (a)   A person commits an offense if, in any park or recreation area in the city, he knowingly:       (1)   drives a motor vehicle; or       (2)   stops, stands, or parks a motor vehicle; or       (3)   parks a motor vehicle so as to obstruct entrance to or exit from a roadway, parking area, or trail established for public motor vehicle use; or       (4)   fails to park the entire motor vehicle within the limit lines of a designated parking stall, where such lines have been provided.    (b)   It is a defense to prosecution under Subsection (a) that the driving, stopping, standing, or parking:       (1)   was along a roadway, trail, or parking area established for public motor vehicle use;       (2)   was due to temporary mechanical failure of the vehicle;       (3)   was ordered by a police or park officer of the city or a person charged with supervision of a park or recreation area within the city; or       (4)   was performed by an employee of the city while in the course of his official duties.    (c)   If a motor vehicle is parked or left in violation of this section and the owner or operator of the vehicle cannot be found, police or park officers of the city may remove or impound the vehicle, or the vehicle may be removed in accordance with Chapter 28 of this code.    (d)   The park board is authorized to establish time limits for the parking of motor vehicles within designated parking areas of the city’s parks and recreational areas. (Ord. Nos. 8019; 16503) SEC. 32-9.   SCHEDULES FOR OPERATING FACILITIES.    Whenever, in the opinion of the park board it is desirable or necessary to establish operating hours during which buildings, structures, facilities, athletic areas or other improvements on park areas shall be operated, the park board is authorized to establish such hours of operation by resolution and when such hours so designated are posted on the entrances to such buildings, facilities, etc., the same shall be deemed as the official hours of operation. (Ord. 8019) SEC. 32-9.1.   HOURS OF CLOSURE FOR PUBLIC PARKS AND PARK AMENITIES.    (a)   Except as provided in Subsection (b), all public parks and park amenities are closed to the public each day from 11:00 p.m. until 5:00 a.m.    (b)   Park amenities for which the park board has established and posted the hours of operation under Section 32-9 of this chapter are closed to the public at any time other than the established and posted hours of operation.    (c)   A person commits an offense if he is on the premises of a public park or park amenity during hours in which the park or park amenity is closed.    (d)   It is a defense to prosecution under Subsection (c) that the person was:       (1)   driving a vehicle on an interior park roadway that provides direct access to the person’s residence;       (2)   attending a special event, activity, or program that was being conducted in a public park or park amenity during hours of closure with written permission of the park board, the director of park and recreation, or a designated representative; or       (3)   entering or leaving, or engaged in legal boating on or fishing from the bank or water surface of, any of the following:          (A)   Lake Ray Hubbard;          (B)   Mountain Creek Lake;          (C)   White Rock Lake;          (D)   Lemmon Lake;          (E)   Blue Lake;          (F)   a body of water located within the Trinity River Greenbelt;          (G)   that part of Joe Pool Lake within the city’s jurisdiction; or          (H)   Bachman Lake.    (e)   For the purpose of this section:       (1)   PARK AMENITY means any building, structure, facility, athletic area, or other improvement that is located within a public park.       (2)   PUBLIC PARK means land owned or managed by the city, whether located inside or outside the city limits, that is planned, developed, or used for active or passive recreational use by the public. “Public park” includes an interior park roadway, other than a dedicated street, and excludes any sidewalk adjacent to the outside perimeter of a park. (Ord. Nos. 20680; 20964; 22073; 22404; 22851; 27993) SEC. 32-10.   SALE OF SERVICES OR GOODS ON PARK PROPERTY.    (a)   A person commits an offense if the person sells, distributes, or offers for sale any services or goods, including but not limited to food, drinks, confections, or merchandise, in a city park or another area under the control of the park and recreation board.    (b)   It is a defense to prosecution under Subsection (a) of this section that the person:       (1)   was selling, distributing, or offering for sale the services or goods by authority of a written contract or permit with the city, through the park and recreation department, to operate a concession in that area;       (2)   was selling, distributing, or offering for sale the services or goods in connection with the transaction of official government business;       (3)   was selling, distributing, or offering for sale only an item or items containing primarily noncommercial speech, including but not limited to newspapers, books, magazines, audio and video compact discs (CDs), or digital versatile discs (DVDs), and the selling, distributing, or offering for sale was not being conducted:          (A)   from a machine;          (B)   at a time when the area was closed to the public;          (C)   in an area used for storage;          (D)   in an area under the control or management of another person or private entity pursuant to a written agreement with the city;          (E)   inside any building, including but not limited to a recreational center;          (F)   in a parking lot that serves a city park or another area under the control of the park and recreation board; or          (G)   in a way that obstructed a public street or sidewalk;       (4)   was selling, distributing, or offering for sale only periodicals from a coin-operated machine by authority of a license to operate the machine in that area, unless such sale, distribution, or offering for sale was prohibited in the area by another city ordinance or a city contract;       (5)   was selling or offering for sale the services of a vehicle for hire that was being operated by that person;       (6)   did not receive remuneration from the person being given the services or goods; did not use any type of vehicle or stand, any part of which touched the ground, when distributing the services or goods; and did not interfere with traffic flow on a public street or sidewalk when distributing the services or goods; or       (7)   was selling, distributing, offering for sale, or delivering the services or goods to a person qualifying for any defense described in Paragraphs (1) through (6) of this subsection.    (c)   In addition to any enforcement action by a peace officer or the director of the park and recreation department, or an authorized representative, for a violation of this section, any person who is a victim of an act prohibited under this section, or who witnesses a violation of this section, may file a complaint with the city attorney. Evidence to support a conviction for a violation of this section may include, but is not limited to, testimony of witnesses, videotape evidence of the violation, and other admissible evidence.      (d)   This section does not apply to the occasional sale of lemonade or other nonalcoholic beverages from a stand in a public park by an individual younger than 18 years of age. (Ord. Nos. 8019; 28241; 31375) SEC. 32-11.   PROMULGATION AND POSTING OF RULES AND REGULATIONS.    The park board shall adopt such rules and regulations as it deems best for the management of the public parks and where such rules have been adopted for a specific park area and posted within the specific park so regulated, any person found guilty of violating such rules is guilty of an offense. (Ord. Nos. 8019; 19963) SEC. 32-11.1.   PUBLIC SHOOTING RANGES.    Public shooting ranges may be constructed and operated in parks owned by the city in accordance with the following provisions:    (a)   Such public shooting ranges shall at all times be subject to the control of the park board and shall be in accordance with the rules and regulations adopted and promulgated by the park board.    (b)   It shall be unlawful for any person to have in his possession or to consume or be under the influence of any intoxicating beverage while on any such public shooting range.    (c)   It shall be unlawful for any person to shoot any type of weapon named in Section 31-11 on such a public shooting range, unless such range is open for the purpose of shooting and under the immediate supervision of qualified personnel present on such range.    (d)   In event any such public shooting range is leased to a private operator, such lease agreement shall contain a provision whereby the concessionaire shall agree to save and hold the city and its park board whole and harmless from any and all claims of every character whatsoever that may be made against it by reason of the maintenance and operations of such concession, and such concessionaire shall at the time of the execution of this contract, furnish a public liability or indemnity policy of insurance for the benefit of the city and its park board and concessionaire herein jointly, and the certificate of his public liability insurance, with insurance coverage, shall not be less than $250,000 per person, $500,000 per accident and $50,000 property damage, and the certificate shall include the city and the park board among the insured. (Ord. 10921) SEC. 32-11.2.   HANG-GLIDERS, PARA-SAILS, PARA-KITES, PARACHUTES, AND SIMILAR DEVICES PROHIBITED; DEFENSE.    (a)   A person commits an offense if, within or above any park or recreation area under the management responsibility of the park board, he operates a hang- glider, para-sail, para-kite, parachute, or similar device capable of supporting the weight of a person above ground or water level.    (b)   It is a defense to prosecution under Subsection (a) that the person has obtained written permission from the park board, or a designated representative, authorizing a special event. (Ord. 18745) SEC. 32-11.3.   POSSESSION OF ALCOHOLIC BEVERAGES IN PARKS.    (a)   A person commits an offense if he consumes or possesses an alcoholic beverage:       (1)   while in a public park; or       (2)   while on a public street, sidewalk, or parking area adjacent to a public park.    (b)   It is a defense to prosecution under Subsection (a) that:       (1)   the person was on the premises of:          (A)   Fair Park;          (B)   Old City Park;          (C)   Reunion Park;          (D)   the DeGolyer Estate, Camp Estate, or other area of the Arboretum designated by the park and recreation board for the possession and consumption of an alcoholic beverage;          (E)   Betty Marcus Park, when attending a city-approved activity at the Meyerson Concert Hall;          (F)   an area in Samuel Farm designated by the park and recreation board for the possession and consumption of an alcoholic beverage;          (G)   the following park facilities, when pursuant to written permission of the director of the park and recreation department and in compliance with park facility reservation policies established by the park and recreation board:             (i)   Arlington Hall;             (ii)   Dreyfuss Club;             (iii)   Winfrey Point; or             (iv)   Big Thickett;          (H)   a municipal golf course; or          (I)   a park facility or other park property or part of a park property for which:             (i)   a valid license issued by the Texas Alcoholic Beverage Commission existed; or             (ii)   a lease or rental agreement had been granted by the city that allowed the possession and consumption of an alcoholic beverage;       (2)   the person was on the waters of a lake or water reservoir under the jurisdiction of the park and recreation board where the private launching and mooring of boats was permitted;       (3)   the person was on premises where a special event, activity, or program was being conducted with written permission of the park and recreation board and the director of the park and recreation department and possession and consumption of an alcoholic beverage was allowed under the terms of the permission; or       (4)   the container of alcoholic beverage possessed by the person had an unbroken seal or other evidence of having never been opened.    (c)   For the purpose of this section, ALCOHOLIC BEVERAGE is used as defined in the Texas Alcoholic Beverage Code. (Ord. Nos. 16881; 20336; 20699; 20963; 22850) SEC. 32-11.4.   NOISES INTERFERING WITH ENJOYMENT OF PUBLIC PARK AND RECREATION AREAS.    (a)   A person commits an offense if he knowingly makes or causes to be made any loud and raucous noise in any public park and recreation area in the city.    (b)   It is a defense to prosecution under Subsection (a) that the person:       (1)   is a city employee acting within the scope of his official duties; or       (2)   first obtained the written permission of the director of the park and recreation department of the city authorizing a special event.    (c)   The following enumerated acts are presumed to create loud and raucous noises for purposes of this section:       (1)   The sounding of any horn or signal device on any automobile, motorcycle, bus, or other vehicle, except as a danger signal, as required by state law.       (2)   The use of any mechanical loudspeaker or sound amplifier for the purpose of attracting the attention of other persons by the creation of noise.       (3)   The playing of any radio, television, tape machine, musical instrument, or other machine or device for the production or reproduction of sound at such a volume that the sound produced is audible at a distance in excess of 150 feet.       (4)   The operation of any automobile, motorcycle, bus, or other vehicle or mechanical device in such a manner so as to produce a sound that is audible at a distance in excess of 150 feet. (Ord. 17090) ARTICLE II. FAIR PARK AND STATE FAIR GROUNDS. Division 1. Generally. (Ord. 29102) SEC. 32-11.5.   FAIR PARK BOUNDARIES.    (a)   For purposes of this chapter, the boundaries of Fair Park shall be as follows:       BEGINNING at the intersection of the southeast right- of-way of Parry Avenue and the T. & P. Railroad;       THENCE eastward along the south boundary of the T. & P. Railroad right- of-way to the beginning of a curve bearing to the right having a radius of 459.12 feet;       THENCE southeastward along said curve to the northwest right-of-way of Pennsylvania Avenue;       THENCE southwestward along the northwest right-of- way of Pennsylvania Avenue to its intersection with the northwesterly prolongation of the southwest right- of-way of Gaisford Street;       THENCE southeastward along the northwesterly prolongation and southwest right-of-way of Gaisford Street to the intersection with the northwest right- of-way of Fitzhugh Avenue;       THENCE southwestward along the northwest right-of- way of Fitzhugh Avenue to the northeast right-of-way of Robert B. Cullum Boulevard;       THENCE northwestward along the northeast right-of- way of Robert B. Cullum Boulevard to the intersection with the southeast right-of-way of Parry Avenue;       THENCE northeastward along the southeast right-of- way of Parry Avenue to the place of beginning.    (b)   Before the Fair Park boundaries established in Subsection (a) may be expanded, a public hearing before the city council shall be held to allow the proponents and opponents of the expansion to present their views.    (c)   Written notice of the public hearing required by Subsection (b) must be sent to all owners of real property lying within 500 feet of the boundaries of the proposed area of expansion. The measurement of the 500 feet includes streets and alleys. The notice must be given, not less than 10 days before the date set for the public hearing, by depositing the notice in the United States mail with postage paid and properly addressed to each property owner as evidenced by the last approved city tax roll. (Ord. 19541) SEC. 32-12.   “STATE FAIR AREA” DEFINED.    “State Fair area”, as used in this article, shall mean the area in Fair Park bounded by the Texas & Pacific Railroad right of way, Pennsylvania Avenue, to Lagow, Lagow to Birmingham, Birmingham to Cross, Cross to Pennsylvania, Pennsylvania to First Avenue, First Avenue to Grand Avenue, Grand Avenue to Second Avenue, Second Avenue to Parry Avenue with the sites of the Health and Science Museum, Aquarium, State of Texas and Swimming Pool buildings excluded. It shall not include that portion of Fair Park known as the Civic Center, which is bounded by Pennsylvania Avenue, Second Avenue, Grand Avenue and First Avenue. (Code 1941, Art. 96-2; Ord. 8021) SEC. 32-13.   PURPOSE OF ARTICLE.    The purpose and intent of this article is to provide certain rules and regulations governing design, construction, equipment, use and operation of temporary buildings, establishments, concessions and exhibits within the grounds of the state fair. The provisions of this article shall include buildings and structures to be occupied and used only during the period of the state fair which, because of the character of material used, nature of fabrication and design, have a life expectancy of not more than five years. The provisions of this article shall apply only to the State Fair area as defined in this article and shall never be construed as modifying the regulations of any chapter of this code with reference to other areas within the city. (Code 1941, Art. 96-1) SEC. 32-14.   APPLICABILITY OF BUILDING CODE.    All buildings and structures erected or constructed within or moved into the state fair area shall comply with the city Building Code, except that:    (a)   Buildings and structures of not more than two stories in height erected and constructed for use as temporary buildings, as defined in Section 32-13 and which are classified under the Building Code as groups F, G. I and J occupancies, shall not be required to set back from the site property lines and may be built adjoining other buildings; provided, that all exterior walls shall be of one hour fire resistive construction; and provided further, that the aggregate or total ground area of all buildings and structures constructed in any one group shall not exceed 10,000 square feet for one story buildings or structures and 5,000 square feet for two story buildings or structures, unless provided with an absolute fire separation or 15 foot clear space between such groups. In lieu of the Building Code requirements which are not applicable, a 2 1/2 gallon fire extinguisher of an approved type shall be provided for each 2,000 square feet of floor area or fraction thereof and all drapes, curtains, decorations and similar flammable material shall be sprayed or dipped in flame retardant solution as required by the fire marshal.    (b)   Partitions in the interior of buildings shall be constructed of one- half inch sheet rock on both sides of wood studs or equal or better fire resistive construction and shall maintain fire extinguishers as provided in Subsection (a) of this section and flame retardant proofing shall be done as provided in Subsection (a).    (c)   The requirements of the Building Code with respect to the number of toilets may be waived by the health officer of the city when the waiving of this requirement does not conflict with this Code or other ordinances of the city dealing with health. (Code 1941, Art. 96-3) SEC. 32-15.   REGULATIONS PERTAINING TO STRUCTURES USED ONE MONTH OR LESS.    The following regulations shall apply to buildings and other structures for temporary use for any period of one month or less:    (a)   Tents, stands, awnings and canopies may be used individually in any size in the area known as the midway area or may be grouped together; provided, that any tent, stand or groups of tents and stands having 3,000 square feet in total ground area shall be separated from all other tents, stands, buildings and structures by not less than 15 feet of open space, clear of all combustible material and provided that flame proofing is carried out as provided in Section 32-14, except that portions of awnings, tents or other heavy canvas over 10 feet above grade need not be flameproofed unless required by the fire marshal. If any additional decoration or flammable material is used therein, this material shall be flameproofed regardless of height.    (b)   In areas other than the midway area, tents, stands, awnings and canopies exceeding l,000 square feet in total ground area shall be provided with separations as described in Subsection (a) above and shall conform to the requirements for flame proofing. (Code 1941, Art. 96-4) SEC. 32-16.   RIDES, ELEVATORS, HOISTS, ETC.    Rides, elevators, hoists or any mechanical device provided for and accessible to the public shall not begin operation until authorized by the building inspector and shall stop operation at any time the building inspector gives notice in writing that he wishes to inspect or test the same or he considers that the same may not be safe for use. The method of making tests and the determination of safety shall be left to the discretion of the building inspector. All tests shall be reasonable. (Code 1941, Art. 96-5) SEC. 32-17.   TEMPORARY WASTE LINES.    Grease traps may be omitted from temporary waste lines where these waste lines are required by the health officer and where they shall not be used for a period of more than 30 days. Requirements for separate laterals for each such temporary use shall be so interpreted that a number of these temporary uses may be jointly served by one lateral and be considered as one occupancy under the jurisdiction of the state fair and it shall be the responsibility of the state fair to keep this lateral open and free from obstruction. (Code 1941, Art. 96- 6) SEC. 32-18.   ELECTRICAL WIRING.    All electrical wiring shall conform to the National Electrical Code, current edition, except as specified below:    (a)   Festoon wiring shall be allowed where not accessible to the public and when not less than eight feet high when indoors and when not less than 10 feet high when outdoors; provided, that where vehicles or structures are or may come under such wiring, the wiring shall be five feet higher than the highest part of such vehicle or structure, including counters; provided further, that no combustible drapes, paper or other decoration is allowed within two feet of such festoon wiring; provided further, that there are no electrical conductors, terminals or contacts that are not properly insulated for 300 volts; and provided further, that such festoon wiring is for temporary use not to exceed 30 days.    (b)   All wiring installed permanently in buildings owned by the city shall be installed in compliance with the National Electrical Code and in rigid metal conduit or in metal wireways or busways of equal strength and rigidity of each respective installation.    (c)   All wiring installed in buildings owned by the city for temporary use not to exceed 30 days shall be installed in compliance with the National Electrical Code and shall be armoured cable, nonmetallic sheathed cable, electrical metallic tubing, rigid metal conduit or equivalent metal wireway or busway and shall be installed with proper fittings, outlets and devices for such use.    (d)   Extension or flexible cords shall not be used if in a worn or otherwise unsafe condition and when used shall be on the Type S hard service cord as listed in Table 19 of the National Electrical Code and shall not exceed 25 feet in length except that portable fixtures and devices bearing the label of approval of Underwriters’ Laboratories, Inc., may be used with cords not to exceed six feet in length when cord is the cord regularly supplied with such device, and when used in places that are dry and not hazardous and when not subject to hard wear. (Code 1941, Art. 96-7) SEC. 32-19.   USE, STORAGE, ETC., OF LIQUEFIED PETROLEUM GASES.    Liquefied petroleum gases shall not be stored, retained or used within the grounds and buildings of the state fair area except that liquefied petroleum gases in interstate commerce commission bottles not to exceed a 50 pound total may be used for temporary installations not to exceed 30 days by special permission of the fire marshal when such containers are placed and located outside other structures in a special housing designed and approved for that purpose and arranged so that it will not be accessible to unauthorized persons. Gasoline, kerosene and liquefied petroleum gases shall not be used for cooking, heating or lighting purposes within the state fair area. (Code 1941, Art. 96-8) SEC. 32-20.   AUTHORITY OF BUILDING INSPECTOR AND FIRE MARSHAL.    The building inspector and the fire marshal of the city and their authorized deputies in line of duty shall have the right of entry into any building, structure, concession, exhibit, show or ride at any time upon presentation of their credentials and in consideration of the special rules and regulations contained in this article shall have the authority and right to condemn and cause to be removed any construction, use, occupancy or anything which in their opinion may constitute a hazard to the safety of life or property or such as would be a probable fire hazard. (Code 1941, Art. 96-9) Division 2. Fair Park Parking Area and Fair Park Parking Licenses. SEC. 32-21.   DEFINITIONS.    In this division:       (1)   DESIGNATED SPECIAL EVENT means an event conducted at Fair Park during which the city council has by resolution authorized the parking of motor vehicles for compensation in the Fair Park parking area in accordance with this division.       (2)   DIRECTOR means the director of the department designated by the city manager to enforce and administer this division, or the director’s authorized representative.       (3)   FAIR PARK PARKING AREA means the area contained within the following boundaries and includes the widths of all streets and rights-of-way referenced:          BEGINNING at the intersection of the southeast right-of- way line of R. L. Thornton Freeway (Interstate Highway 30) with Peak Street;          THENCE southeastward along Peak Street to Stonewall Street;          THENCE eastward along Stonewall Street to McKenzie Street;          THENCE southeastward along McKenzie Street to Herndon Street;          THENCE southward along Herndon Street to the southwest line of the Dallas Area Rapid Transit Authority (“DART”) right-of-way;          THENCE eastward along the southwest line of the DART right-of-way to Metropolitan Street;          THENCE southwestward along Metropolitan Street to the northeast line of the DART right-of-way;          THENCE northwestward along the northeast line of the DART right-of-way to Martin Luther King, Jr. Boulevard;          THENCE southwestward along Martin Luther King, Jr. Boulevard to Malcolm X Boulevard;          THENCE northwestward along Malcolm X Boulevard to Grand Avenue;          THENCE northeastward along Grand Avenue to the northeast line of the DART right-of-way;          THENCE northwestward along the northeast line of the DART right-of-way to the southeast line of R. L. Thornton Freeway;          THENCE northeastward along R. L. Thornton Freeway to the point of beginning.       (4)   FAIR PARK PARKING LICENSE means written authority issued under this division that allows a person to park a motor vehicle for compensation within the Fair Park parking area during the state fair of Texas or any other designated special event.       (5)   STATE FAIR OF TEXAS means the annual fall fair held at Fair Park. (Ord. Nos. 22067; 29102) SEC. 32-22.   FAIR PARK PARKING LICENSE REQUIRED.    A person commits an offense if he, either for himself or as an agent or representative of another, engages in the business of parking motor vehicles for compensation within the Fair Park parking area during the state fair of Texas or any designated special event without having a valid Fair Park parking license. (Ord. Nos. 4037; 22067; 29102) SEC. 32-23.   LICENSE APPLICATION.    Every person desiring a Fair Park parking license shall file an application with the director on a form provided for that purpose. The application must include:       (1)   the trade name, address, and telephone number of the business, if any;       (2)   the name, address, and telephone number of the applicant;       (3)   whether the applicant is an owner, member, or employee of the business;       (4)   the name, address, and telephone number of the owner of the property on which motor vehicles will be parked for compensation, if the property owner is different from the applicant;       (5)   the address of the property on which motor vehicles will be parked for compensation and the extent of the area on which the business is to operate;       (6)   proof of ownership of the property on which motor vehicles will be parked for compensation, or, if the applicant is not the property owner, a current notarized statement from the owner authorizing the operation of the business on the property;       (7)   an agreement to indemnify the city and its officers and employees against all claims of damage or injury to persons or property, whether public or private, arising out of the parking of motor vehicles by the applicant, or by the applicant’s agents or representatives, for compensation within the Fair Park parking area;       (8)   the signature of the applicant (if the applicant is a corporation, the signature of a duly authorized officer and, if the applicant is a partnership, the signature of one of the partners); and       (9)   any other information the director considers necessary to the enforcement and implementation of this division. (Ord. Nos. 4037; 16703; 22067; 29102) SEC. 32-24.   INVESTIGATION OF APPLICATION.    Upon the filing of a properly filled out application for a Fair Park parking license, the director shall make or cause to be made such investigation as is deemed necessary to determine the fitness of the applicant for a license. (Ord. Nos. 4037; 4124; 21037; 22067; 29102) SEC. 32-25.   ISSUANCE OF LICENSE; EXPIRATION.    (a)   Upon approving the license application and receiving payment of the license fee required by this division, the director shall issue a Fair Park parking license to the applicant.    (b)   The issuance of a license under this division permits premises to be used as a parking area only during the period of the state fair of Texas and any designated special event, although the premises are not zoned for such use under the Dallas Development Code. Within the area bounded by Fitzhugh Avenue, the T. and P. Railroad, Metropolitan Avenue, and R. B. Cullum Boulevard, parking must be limited to driveways and vacant lots.    (c)   No license may be issued under this division during an event in progress unless the director received the license application at least five business days before the day the event began.    (d)   The issuance of any license under this division does not grant or confer any vested right to the licensee or operator, but is subject to revocation or cancellation as provided in this division.    (e)   A Fair Park parking license expires May 31 of each year and may be renewed by making application in accordance with Section 32-23. A licensee shall apply for renewal at least 30 days before the expiration of the license. (Ord. Nos. 4037; 4124; 16703; 22067; 29102) SEC. 32-26.   LICENSE FEE.    The annual fee for a Fair Park parking license is $100. No refund of a license fee will be made. (Ord. Nos. 4037; 16703; 18411; 22067; 29102; 31657) SEC. 32-27.   LICENSE REVOCATION; APPEAL.    In addition to any other penalties, the director may revoke a Fair Park parking license if the director determines that a licensee has violated any provision of this division. A licensee may appeal the revocation of a license to the permit and license appeal board in accordance with Section 2-96 of this code. (Ord. Nos. 4037; 16703; 18200; 22067; 29102) SEC. 32-28.   SUPERVISING ATTENDANT; DISPLAY OF LICENSE.    (a)   A supervising attendant shall remain on the licensed premises at all times during which a motor vehicle is parked or remains parked on the premises for compensation.    (b)   A person issued a Fair Park parking license under this division shall ensure that the laminated license is displayed in a conspicuous manner on the clothing of the supervising attendant at all times the supervising attendant is on duty at the licensed premises. (Ord. Nos. 22067; 29102) SEC 32-28.1.   FAIR PARK PARKING AREA - MAXIMUM PARKING FEE.    A person commits an offense if, during the state fair of Texas or any designated special event, he charges a customer a fee for parking a motor vehicle within the Fair Park parking area that is more than 150 percent of the fee that is charged for parking a motor vehicle within the fair grounds. (Ord. Nos. 4037; 4124; 12701; 14684; 16703; 22067; 29102) SEC. 32-28.2.   POSTING OF PARKING FEES REQUIRED.    (a)   A person who engages in the business of parking motor vehicles for compensation in the Fair Park parking area during the state fair of Texas or any designated special event shall post a sign in a conspicuous place on the premises that indicates, in letters at least five inches high, the fee charged for parking a motor vehicle on the premises.    (b)   A person commits an offense if he charges a fee for parking a motor vehicle in the Fair Park parking area that is higher than the fee indicated on the sign posted on the premises. (Ord. Nos. 16710; 22067; 29102) SEC. 32-28.3.   POSTING SIGNS TO PROHIBIT PARKING ON CERTAIN PROPERTY NEAR FAIR PARK.    (a)   Any person who owns or rents property that is located within the Fair Park parking area or within the following boundaries (including the widths of all streets and rights-of-way referenced) in the vicinity of Fair Park is authorized to post signs to prohibit the parking of motor vehicles on that property:       BEGINNING at the intersection of the northeast right- of-way line of Peak Street with R. L. Thornton Freeway (Interstate Highway 30);       THENCE northeastward along R. L. Thornton Freeway to Carroll Avenue;       THENCE southeastward along Carroll Avenue to Haskell Avenue;       THENCE eastward along Haskell Avenue to Fitzhugh Avenue;       THENCE southeastward along Fitzhugh Avenue to Fitzhugh Avenue/Crosstown Expressway;       THENCE southward along Fitzhugh Avenue/ Crosstown Expressway to the southwest line of the Dallas Area Rapid Transit Authority (“DART”) right- of- way;       THENCE westward along the southwest line of the DART right-of-way to Herndon Street;       THENCE northward along Herndon Street to McKenzie Street;       THENCE northwestward along McKenzie Street to Haskell Avenue;       THENCE westward along Haskell Avenue to Stonewall Street;       THENCE northwestward along Stonewall Street to Peak Street;       THENCE northwestward along Peak Street to the point of beginning.    (b)   Signs that are posted in accordance with Subsection (a) must be placed in a conspicuous place on the property. The words on the sign used to prohibit parking must be in letters not less than five inches high and must be visible and legible from the public street or accessway to the property.    (c)   A person commits an offense if he parks a vehicle on any property located within the Fair Park parking area or the boundaries described in Subsection (a), when the property has a sign posted on it that prohibits parking as set forth in Subsection (b). It is a defense to prosecution under this subsection that the vehicle was parked with the express consent of the owner or occupant of the property, and no compensation was received for the parking of the vehicle.    (d)   Any vehicle that is found unattended or unoccupied upon any property in violation of this section is a nuisance, and the fact that the vehicle is unattended or unoccupied by any person is prima facie evidence that the vehicle owner unlawfully parked the vehicle.    (e)   Whenever any police officer finds a vehicle parked or standing upon property in violation of this section, the officer is authorized to require the driver or other person in charge of the vehicle to move the vehicle from the property. Any police officer who finds a vehicle parked and unattended or unoccupied in violation of this section is authorized to remove the vehicle from the property to a vehicle storage facility designated by the police chief. (Ord. Nos. 12707; 21037; 29102) ARTICLE III. MARSALIS PARK ZOO. SEC. 32-29.   HOURS OF OPENING AND CLOSING - ESTABLISHED; EXCEPTIONS.    The Marsalis Park Zoo shall open at 7:00 a.m. each day of the week and shall be closed each day of the week at 9:00 p.m.; excepting, however, the two below listed tracts consisting of the picnic area in Tract No. 1 and the ride concession area and animal shelter in Tract No. 2, as hereinafter described, shall not be subject to this section: TRACT NO. 1. Beginning at a point in the west line of South Marsalis Avenue 175 feet south of the center line of Opera Street; thence southward along the property line a distance of 100 feet; thence south 42 degrees west a distance of 480 feet to a point near the southwest corner of the picnic shelter; thence north 38 degrees west a distance of 450 feet to a point in the center of a park drive; thence north 52 degrees east a distance of 180 feet to a point in the south border line of an automobile parking area; thence southeastward following the curb border line of the auto parking area a distance of 680 feet to the place of beginning. Said tract designated herein includes all of the area usually occupied for picnic purposes. TRACT NO. 2. Beginning at a point in the north property line of Clarendon Avenue 50 feet east of the east line of the building occupied as an animal shelter; thence westward with the north property line of Clarendon Avenue a distance of 850 feet; thence northward a distance of 80 feet to the upper south bank of Cedar Creek; thence eastward following the meanders of the upper south bank of Cedar Creek a distance of 880 feet; thence southward a distance of 165 feet to the place of beginning. (Ord. 6230) SEC. 32-30.   SAME - NOTICE OF CLOSING HOURS.    Signs advising the public that the Marsalis Park Zoo is closed at 9:00 p.m. each day shall be place at all street entrances to the zoo prior to 9:00 p.m. each day. (Ord. 6230) SEC. 32-31.   SAME - REMAINING IN ZOO AFTER CLOSING HOURS.    No person shall enter or remain in Marsalis Park Zoo, except as provided in Section 32-29, after 9:00 p.m. of any day without authority of the park board of the city. (Ord. 6230) ARTICLE IV. WHITE ROCK LAKE AND BACHMAN LAKE RESERVOIRS. Division 1. Generally. SEC. 32-32.   JURISDICTION OF PARK AND RECREATION BOARD SUBJECT TO PRIMARY RIGHT OF DALLAS WATER UTILITIES.    The jurisdiction of the park and recreation board over the White Rock Lake property and the Bachman's Dam property shall be subject to the primary right of Dallas Water Utilities to utilize it for waterworks purposes and the park and recreation board shall in no way interfere with the exercise of the right in the event that it becomes expedient and necessary to again devote those properties for the use of waterworks purposes. Any building on the respective sites owned and operated by Dallas Water Utilities shall continue to be at the disposal of Dallas Water Utilities at all times. (Ord. Nos. 8018; 32407) SEC. 32-33.   AUTHORITY OF CITY POLICE ON PROPERTY.    Any police officer of the city shall have authority to arrest any person on any property owned and used by the city for recreational or water supply purposes for violation of any of the provisions of this article. (Ord. Nos. 8018; 32407) SEC. 32-34.   POWERS AND DUTIES OF PARK AND RECREATION DIRECTOR.    The director of the park and recreation department or the director's designee, subject to the control and direction of the park and recreation board, shall have full charge and control of the waters of the lakes and grounds of White Rock and Bachman Lakes, and shall have the right at all times to command and preserve the peace and patrol such waters and grounds or to cause the same to be done for the purpose of enforcing obedience and strict compliance upon the part of any person with the terms, provisions, and conditions of this article and all other provisions of this code, laws, ordinances, rules, and regulations of the city relating to the waters of White Rock and Bachman Lakes and the grounds adjacent thereto. (Ord. Nos. 8018; 32407) SEC. 32-35.   DISTURBING TREES AND SHRUBS; GATHERING PECANS.    It shall be unlawful for any person to disturb any of the shrubbery or trees and particularly the pecan trees growing upon the lands adjacent to White Rock and included within White Rock and Bachman Lakes. It shall be unlawful for any person to thrash, throw sticks into, or otherwise disturb pecan trees and it shall be unlawful for any person to gather pecans from the trees growing upon such premises; except, that persons may pick up from the ground pecans that have fallen thereon. (Ord. Nos. 8018; 32407) SEC. 32-36.   COMMERCIAL VEHICLES PROHIBITED; SPEED LIMIT OF VEHICLES.    No commercial vehicles or trucks shall be permitted to go upon or travel over the driveways and roads located on the grounds of White Rock and Bachman Lakes that are constructed and maintained as part of the facilities of the grounds in their use as a public park. No motor driven vehicle or automobile shall travel at a greater rate of speed than the speed limits posted on standard traffic signs in or upon such driveways maintained in the use of such park grounds. (Ord. Nos. 8018; 32407) SEC. 32-37.   SEINING FOR MINNOWS.    It shall be unlawful for any person to seine for minnows or use a seine for any purpose within the waters of White Rock or Bachman Lakes. (Ord. Nos. 8018; 32407) SEC. 32-38.   RESERVED. SEC. 32-39.   SWIMMING.    It shall be unlawful for any person to swim or bathe in the waters of White Rock and Bachman Lakes. (Ord. Nos. 8018; 32407) Division 2. Operation of Boats. SEC. 32-40.   EQUIPMENT PROHIBITED ON THE WATER.    (a)   A person commits an offense if he takes a surfboard, jet ski, water skis, or other similar device on the waters of White Rock or Bachman Lakes. City Departments have the authority to use jet skis or other similar devices on the waters to address an emergency.    (b)   Except as provided in this section, a person commits an offense if he operates a boat by means of a motor having a commercial-power rating in excess of 10.5 H.P. on the waters of White Rock or Bachman Lakes.    (c)   It is a defense to prosecution under Subsection (a) or (b) that the person was participating in a special recreational event authorized in writing by the park and recreation board.    (d)   It is a defense to prosecution under Subsection (b) that the person was a city employee operating a motorboat in the scope of his or her employment.    (e)   Rescue boats utilized by the Dallas Fire-Rescue Department and the Dallas Police Department may use a motor as determined appropriate by them on waters of White Rock or Bachman Lakes.    (f)   Rescue boats utilized by authorized users under a formal city agreement may use a motor having a commercial power rating of 60 H.P. on waters of White Rock or Bachman Lakes. (Ord. Nos. 8018; 15195; 32407) SEC. 32-41.   SANITARY REQUIREMENTS GENERALLY.    All persons using and operating a boat in the waters of the lakes shall do so in such a manner as to not create an unsanitary condition in or about such waters, and not to pollute such water or make them unwholesome or unfit for use. It shall be unlawful for any person to swim or wash any article of any character in the waters of White Rock and Bachman Lakes, or throw or place or deposit any trash, urine, excrement, or filth of any kind in waters of such lakes, or to deposit or throw any substance of any kind in such waters which will pollute or is likely to pollute the waters of such lakes, and all such persons shall obey all sanitary regulations and provisions contained in this code regulating the use of such waters and ground. (Ord. Nos. 8018; 32407) SEC. 32-42.   PROHIBITION OF BOATS TO SUPPRESS EPIDEMIC.    The city council shall at all times have full power and authority to prohibit the use and operation of any and all boats in the waters of the lakes should it become necessary, in the opinion of the city council, to do so for the purpose of suppressing and arresting any epidemic or any contagious or infectious disease or whenever, in the opinion of the city council, the use and operation of boats in such waters should be discontinued for any reason whatever. Subject to such control and supervision, the lakes shall be controlled and maintained for recreational purposes by the park and recreation board. (Ord. Nos. 8018; 32407) SEC. 32-43.   USE OF BOAT UNDER INFLUENCE OF INTOXICANTS.    It shall be unlawful for any person to go upon the waters of White Rock and Bachman Lakes or to operate a boat upon such waters while under the influence of liquor or intoxicating beverages of any character. (Ord. Nos. 8018; 32407) SEC. 32-44.   SPECIAL RECREATIONAL EVENTS.    On certain occasions and for the purpose of recreational and sports events at White Rock or Bachman Lakes, the park and recreation board may authorize the use of water equipment and motorboats that are otherwise prohibited by Section 32-40. This special use shall be under the supervision of the director of the park and recreation department. (Ord. Nos. 8018; 15195; 32407) SEC. 32-45.   MANNER OF OPERATION GENERALLY.    Every person using or operating a boat of any character or description upon the waters of the lakes shall use and operate the same in careful and prudent manner, so as not to collide or come in contact with any other boat being used or operated in such waters, and so as to avoid accident and injury to any person or damage to property. Failure to use and operate any boat in such waters in a careful and prudent manner and so as to avoid accident and injury to persons or damage to property is an offense. (Ord. Nos. 8018; 19963; 32407) SEC. 32-46.   RESERVED. SEC. 32-47.   LIFE PRESERVERS; LIGHTS; MUFFLERS; SPEED.    (a)   Life preservers must be worn in compliance with Texas Parks & Wildlife regulations regarding life preserving devices.    (b)   All motorboats or boats propelled by motors in the waters of White Rock Lake must be equipped with lights according to United States government regulations. All rowboats, sailboats, or other watercraft must have a light on some part thereof. The lights on such boats must be operated after sunset so that the same are visible for a distance of one-half mile.    (c)   All motorboats must be equipped with mufflers on the exhausts. The park and recreation board shall have authorization to establish safety zones and speed limits by the placing of buoys wherever deemed advisable for the safety of all water participants and it shall hereafter be unlawful for a speed boat or motorboat to go or travel within the designated areas plainly marked by buoys or shorelines and at a speed greater than five miles per hour. Motorboats or speed boats in coming to the docks or landing places must slow down to five miles per hour.    (d)   Boating is prohibited from sundown to sunup on Bachman Lake, unless under a formal city agreement. (Ord. Nos. 8018; 32407) SEC. 32-48.   SEAWORTHINESS GENERALLY; IMPOUNDING LOOSE BOATS.    (a)   It shall be unlawful for any person to place, keep, and use any watercraft of any description on the waters of the lakes if such craft is not seaworthy. If any such craft is, in the opinion of the officer enforcing the terms of this article, unseaworthy, he may bar the use of such unseaworthy craft until the same is reconditioned.    (b)   All boats, of every kind and description, that are not anchored or are loose shall be impounded in accordance with the provisions of this article. If such boat is not redeemed or retrieved within 30 days after such impounding, it shall be disposed of in accordance with Division 2, "Sale of Unclaimed and Surplus Property," of Article IV, "Procurement," of Chapter 2, "Administration," of the Dallas City Code, as amended. (Ord. Nos. 8018; 32407) SEC. 32-49.   SIRENS.    (a)   Except as provided in this section, it shall be unlawful for any person or persons to equip a motorboat with a siren and to use such siren on the waters of White Rock and Bachman Lakes.    (b)   Rescue boats may be equipped with sirens. (Ord. Nos. 8018; 32407) SEC. 32-50.   CATCHING FISH FOR SALE.    No person shall use or operate a boat of any kind or description in the waters of the lakes for the purpose of catching and taking fish, game, or other wildlife for market or sale. This shall not apply to persons authorized by contract by the park and recreation board to remove rough fish under the supervision of the director of park and recreation when such persons are licensed by the state fish and game commission to remove rough fish. (Ord. Nos. 8018; 32407) SEC. 32-51.   DESIGNATION OF AREA FOR ANCHORING SAILBOATS.    (a)   Except as provided in this section, all sailboats on White Rock Lake, in the city, shall be anchored only at the following location, or part thereof, on the shore of White Rock Lake:    Beginning at the Garland Highway and following the meanderings of the lake for a distance of 3.5 miles to the south point. The south point as designated herein is .7 mile from the north point; and the north point, as designated and referred to herein, is 1.2 miles from the highway. The area herein referred to between the south and north points is commonly referred to and known as Big Thicket Bay.    (b)   The director of the park and recreation department or the director's designee, shall determine the number of boats that can be safely anchored in the location at one time.    (c)   If a sailing club has entered an agreement with the city, sailboats may be moored at the location specified in the agreement. (Ord. Nos. 8018; 32407) SEC. 32-52.   RESERVED. SEC. 32-53.   IMPOUNDMENT FOR LACK OF LICENSE; REDEMPTION.    The director of park and recreation or the director's designee shall have the right to impound all boats on White Rock and Bachman that are on such lakes without a required state-issued license. The director of park and recreation and those acting under his or her directions shall hold every boat impounded in accordance with this article for 30 days after the same is impounded. The owner shall secure and affix to such boat before removing same from the possession of the director of park and recreation or the director's designee the required state- issued license. (Ord. Nos. 8018; 32407) SEC. 32-54.   DISPOSITION OF IMPOUNDED BOATS FOR NORMAL SALES TO REDEEM.    (a)   If the owner shall not redeem a boat impounded in accordance with this article within 30 days from the date of it being impounded, the director of parks and recreation or the director's designee shall cause the impounded boat to be disposed of in accordance with Division 2, "Sale of Unclaimed and Surplus Property," of Article IV, "Procurement," of Chapter 2, "Administration," of the Dallas City Code, as amended.    (b)   If the owner of an impounded boat shall desire to redeem the same after the expiration of 30 days as set out above, but before the final sale is made, he may do so by securing a state-issued license for the then current year, and the payment of all costs of sale incurred up to that time and by affixing to the boat the state- issued licenses required by the terms of this article. The city shall not be liable for any damages in connection with the sale of any boat. (Ord. Nos. 8018; 32407) ARTICLE V. ELM FORK. SEC. 32-55.   POLLUTING WATERS.    It shall be unlawful for any person to pollute any of the waters of Elm Fork impounded by reason of the dams maintained by the city, viz., Carrollton, California, Elm Fork and Grape Vine Dams. It shall be unlawful for any person to use in any manner such water or create a condition that may likely pollute the waters or so as to cause the waters to become unwholesome for domestic use by the inhabitants of the city or so as to affect the health or life of the inhabitants of the city. (Code 1941, Art. 157-1) SEC. 32-56.   CREATING FILTH.    It shall be unlawful to cause in any manner any filth to be created in or about the waters of Elm Fork, or to do any act in or about the waters or along the banks of the waters or on the watersheds of the waters that is likely to pollute the waters or render them unwholesome for domestic use or that is likely to affect the water so as to endanger the lives and health of the inhabitants of the city. (Code 1941, Art. 157-2) SEC. 32-57.   ACTIVITIES PROHIBITED BY TWO PRECEDING SECTIONS DEEMED NUISANCES.    Any of the acts or practices set out in the two preceding sections shall be deemed to be nuisances as affecting the health and lives of the inhabitants of the city. (Code 1941, Art. 157-3) SEC. 32-58.   AUTHORITY OF DIRECTOR OF PUBLIC HEALTH AND CHIEF OF POLICE.    The director of public health and the chief of police are hereby authorized to exercise full police authority over the waters of Elm Fork and to enforce the terms and provisions of this article. (Code 1941, Art. 157-4) SEC. 32-59.   POWER AND AUTHORITY OF CITY; GUARDS.    The full power and authority of the city is hereby extended over the territory and waters of Elm Fork for the purposes contemplated by this article. The city, through its department of public health and the police department and in behalf of the preservation of the public health, may order portions of the waters not to be trespassed upon by any person. It shall be deemed a trespass on the part of any person to swim, bathe or otherwise use the waters contrary to the terms of this article. The city may place guards for the purpose of guarding the waters against pollution and for the purpose of carrying out the terms of this article. (Code 1941, Art. 157-8) SEC. 32-60.   PENALTY; CIVIL ACTIONS.    Any person violating any of the terms of this article is guilty of an offense. Such penalty may be enforced in any court having jurisdiction thereof against any violation of this article and may also be enforced in the municipal court. In addition to such penalty, the right shall exist, in behalf of the public health of the city, for the director of public health or the chief of police or any person whose health may be affected thereby to bring any cause of action in any competent court by way of injunction or otherwise against any person violating any of the terms of this article. (Code 1941, Art. 157-7; Ord. 19963) ARTICLE VI. LAKE RAY HUBBARD. SEC. 32-61.   TEMPORARY SCOPE.    The temporary use of the land area adjacent to Lake Ray Hubbard for recreational purposes is supplemental to the purpose of the lake as a water supply reservoir. Nothing in this article is intended to bring the area within the scope of Chapter 26 of the Texas Parks and Wildlife Code; provided, that Elgin B. Robertson Park, an area of 257 acres located in Dallas and Rockwall Counties on a peninsula between the East Fork and Muddy Creek arms of Lake Ray Hubbard, was purchased for park and recreational purposes and forms a part of the City of Dallas Park System. (Ord. Nos. 15071; 21176) SEC. 32-62.   DEFINITIONS.    In this article:       (1)   CITY means the city of Dallas, Texas.       (2)   DIRECTOR means the director of the department of water utilities of the city of Dallas or an authorized representative.       (3)   LAKE means the waters of Lake Ray Hubbard as illustrated in Exhibit A.       (4)   LAKE SHORE means the land owned by the city surrounding the lake, as illustrated in Exhibit A and located within the city.       (5)   MOTOR VEHICLE means any vehicle that is self-propelled.       (6)   PERSON means any individual assumed name entity, partnership, joint-venture, association, or corporation. (Ord. Nos. 15071; 21176) SEC. 32-63.   CONSTRUCTION PROHIBITED.    No person shall build, use, or maintain any structure upon or alter the lake shore without first obtaining express written authority from the director. (Ord. Nos. 15071; 21176) SEC. 32-64.   SOLICITATION PROHIBITED.    No person shall engage in or solicit any business on the lake or lake shore without first obtaining express written authority from the director. (Ord. Nos. 15071; 21176) SEC. 32-65.   RESTRICTED AREAS.    (a)   No person shall enter or use any of the following described land or facilities located at the lake or lake shore without first obtaining express written authority from the director:       (1)   land below contour elevation 435.5 mean sea level as established by the United States Geological Survey;       (2)   land within 2,500 feet of the Forney pump station facility;       (3)   intake works, spillway, or service roads on Forney Dam, bridge structures, or access channels to boat docks owned and operated by the city;       (4)   maintenance shop, equipment buildings, or equipment quarters operated by the department of water utilities;       (5)   Forney pump station facility and intake works;       (6)   the lake within 1,000 feet of the overflow section of the spillway, extending in an arc to 1,000 feet from the end of each non-overflow section;       (7)   the lake within 1,000 feet of the Forney pump station intake works;       (8)   the lake within 1,000 feet of any other public water supply intake;       (9)   the stilling basin south of the Forney Dam spillway;       (10)   all land within 300 feet on either side of the centerline of the river channel between the Forney Dam stilling basin and U.S. 80; or       (11)   any other restricted area designated by signs or floating buoys marked “Restricted Area - Keep Out”.    (b)   This section shall not apply to a city employee in the performance of an official duty. (Ord. Nos. 15071; 18823; 21176) SEC. 32-66.   TRESPASSING PROHIBITED IN CERTAIN AREAS.    No person shall trespass on, fish from, or anchor a boat to the land surrounding Forney Dam or the Dallas Power and Light Company embankment. (Ord. Nos. 15071; 21176) SEC. 32-67.   DESTRUCTION OF CITY PROPERTY.    No person other than a city employee in the performance of an official duty shall destroy, damage, deface, or remove shrubbery, trees, or other vegetation, rock, minerals, or any other personal or real property of the city located at the lake or lake shore. (Ord. Nos. 15071; 21176) SEC. 32-68.   USE OF FIREARMS AND OTHER DISCHARGE DEVICES PROHIBITED.    No person shall carry, possess, or discharge any firearm, rifle, shotgun, automatic rifle, revolver, pistol, or other weapon designed for the purpose of firing or discharging a shell or cartridge, or any explosive as defined in Chapter 16 of this code or launch an arrow or like projectile from a cross bow, long bow, blow gun or like launching device upon the lake or lake shore. This section does not apply to a law enforcement peace officer when acting in the performance of an official duty. (Ord. Nos. 15071; 21176) SEC. 32-69.   DISCARDING OF WASTE PROHIBITED.    No person shall discard any type of wastewater, trash, brush, or garbage, as defined in this code, at the lake or lake shore, other than in garbage containers supplied by a municipality. (Ord. Nos. 15071; 21176) SEC. 32-70.   GASOLINE OR OIL STORAGE.    No person shall store at the lake or lake shore any gasoline, oil, or other inflammable or combustible liquid, as defined in the code, without first obtaining written authority from the director. No person shall discard at the lake or lake shore any gasoline, oil, or other petroleum products. (Ord. Nos. 15071; 21176) SEC. 32-71.   ADVERTISEMENTS.    No person shall post or display any private notice or advertisement at the lake or lake shore without express written authority of the director. (Ord. Nos. 15071; 21176) SEC. 32-72.   PROHIBITED USES.    (a)   No person shall anchor or operate a boat as a primary residence at the lake.    (b)   No person shall use the lake or lake shore as a landing area for aircraft. (Ord. Nos. 15071; 21176) SEC. 32-73.   DIVERSION OF WATER PROHIBITED.    No person shall divert water from the lake without prior written authority from the director and then only in compliance with the terms of such authority. (Ord. Nos. 15071; 21176) SEC. 32-74.   ABANDONMENT OF PERSONAL PROPERTY.    (a)   No person shall abandon or leave unattended personal property at the lake or lake shore. The city assumes no responsibility for any personal property at the lake or lake shore.    (b)   If property is abandoned or unattended in places other than authorized in writing by the director, or under an existing regulation, for a period in excess of 48 hours, the property may be impounded by the city. If personal property is not reclaimed and an impoundment charge, if any, is not paid within 90 days, the personal property may be sold, destroyed, converted to city use, or otherwise disposed of by the city. (Ord. Nos. 15071; 21176) SEC. 32-75.   FISHING PROHIBITED IN CERTAIN AREAS.    No person shall fish in the following water areas located at the lake:    (1)   from any highway bridge structure or approach; or    (2)   in any restricted area marked “Restricted Area - Keep Out” or any other area appropriately designated with a sign as a “No Fishing Area”. (Ord. Nos. 15071; 21176) SEC. 32-76.   COMMERCIAL FISHING PROHIBITED.    No person shall engage in the business of catching or taking fish or game from the lake for the purpose of sale. This section shall not apply to any person authorized by contract with the city to catch or take fish under the supervision of the director when the person is licensed by the Texas Park and Wild Life Department to remove fish. (Ord. Nos. 15071; 21176) SEC. 32-77.   HUNTING PROHIBITED.    Except for the following, no person shall intentionally hunt, capture, kill, maim, wound, or poison any bird, mammal, or reptile at the lake or lake shore:    (1)   city employees acting in their employment and carrying out the policy of the city;    (2)   independent contractors and their employees under contract with the city, state, or federal government to perform such acts; and    (3)   state or federal employees acting in their employment and carrying out the policy of state or federal government. (Ord. Nos. 15071; 21176) SEC. 32-78.   CAMPING PROHIBITED IN CERTAIN AREAS.    (a)   No person shall camp at the lake or lake shore except in areas appropriately designated by signs or markings.    (b)   No person shall camp at the lake or lake shore for a period in excess of seven consecutive days without first obtaining express written authority from the director.    (c)   No person shall park a house trailer or recreational vehicle at the lake or lake shore in any area not designated by the signs or markings as public camp grounds. No person shall leave or park a house trailer or recreational vehicle for any period in excess of two consecutive days without first obtaining express written authority from the director. (Ord. Nos. 15071; 21176) SEC. 32-79.   PICNICKING IN DESIGNATED AREAS.    No person shall picnic at the lake or lake shore in an area where picnicking is prohibited by appropriately designated signs or markings. (Ord. Nos. 15071; 21176) SEC. 32-80.   RECREATIONAL PROGRAMS.    (a)   No person shall conduct any special event or recreation program such as but not limited to a water carnival, fishing rodeo, boat regatta, speed race, festival, trade show, or outdoor presentation at the lake or lake shore without a permit or written authorization from the director.    (b)   No person shall conduct any special event or recreation program at the lake or lake shore in violation of any term or condition specified in the permit or written authorization. (Ord. Nos. 15071; 21176) SEC. 32-81.   VEHICLE CONTROL.    (a)   No person shall operate a motor vehicle at the lake shore other than on a roadway, parking area, or trail established for public motor vehicle use. This section shall not apply to a city employee operating a vehicle in the performance of an official duty.    (b)   No person shall operate a motor vehicle at the lake shore in excess of the posted speed limits. (Ord. Nos. 15071; 21176) SEC. 32-82.   LOCAL ADDITIONS TO THE TEXAS WATER SAFETY ACT.    (a)   No person shall moor or attach any boat to, or move, remove, displace, tamper with, damage, or destroy, any buoy, beacon, light marker, stake, flag, or other aid to safe operation placed upon the public waters of the state by, or by others under the authority of, the United States or State of Texas. No person shall moor or attach any vessel to a public boat launching ramp except in connection with the launching or retrieving of a boat from the water.    (b)   The operator of a vessel shall not permit the vessel to come within 750 feet of the intake structure or within any restricted area marked by floating markers and signs, except when specifically authorized by the director.    (c)   A “Slow-No Wake” zone is established within 300 feet of the dam, all jetties and the entire shoreline of the lake, and any other area that may be designated by authorized or appropriate buoys, markers, or posted signs. No person shall cause a wake within a “Slow-No Wake” zone.    (d)   No person shall moor or operate any vessel for more than seven days without mooring in an authorized facility, unless the person has written authorization from the director. (Ord. Nos. 15071; 20161; 21176) SEC. 32-83.   AUTHORITY TO ENFORCE.    Authority to enforce this article is delegated to the department of water utilities acting by and through the director and the police department. (Ord. Nos. 15071; 19312; 21176) [https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ IMAGES/0-0-0-39.png] CHAPTER 33 ASSISTED LIVING FACILITIES Sec. 33-1.   Purpose and construction. Sec. 33-2.   Definitions. Sec. 33-3.   State license required. Sec. 33-4.   City health, safety, and construction standards applicable. Sec. 33-5.   Inspection. Sec. 33-6.   Injunction. Sec. 33-7.   Civil penalties. Sec. 33-8.   Offenses and criminal penalties. SEC. 33-1.   PURPOSE AND CONSTRUCTION.    (a)   The purpose of this chapter is to implement the provisions of Chapter 247, Texas Health and Safety Code, as amended, which establish regulations for the protection of the health and safety of residents of assisted living facilities, by providing for municipal enforcement to the extent permitted by that state law. In the event of a conflict, this chapter must be construed so as to comply with Chapter 247, Texas Health and Safety Code, as amended.    (b)   It is the intent and purpose of the city to administer and enforce this chapter to ensure quality care and the protection of the health and safety of assisted living facility residents by requiring assisted living facilities operating within the city limits to comply with state regulations. It is the further intent of the city to administer and enforce this chapter in compliance with the Federal Fair Housing Amendments Act and to ensure that all persons have equal opportunity to use and enjoy a dwelling. In the event of a conflict, this chapter must be construed so as to comply with the Federal Fair Housing Amendments Act. (Ord. Nos. 23631; 28706) SEC. 33-2.   DEFINITIONS.    In this chapter:       (1)   ASSISTED LIVING FACILITY has the meaning given that term in Section 247.002 of the Texas Health and Safety Code, as amended.       (2)   DIRECTOR means the director of the city department designated by the city manager to enforce and implement this chapter, or the director’s designated representative.       (3)   FEDERAL FAIR HOUSING AMENDMENTS ACT means the Federal Fair Housing Amendments Act of 1988 (42 U.S.C. §§ 3601 et seq.), as amended.       (4)   IMMEDIATE THREAT means a situation in which there is a high probability that serious harm or injury to a resident of an assisted living facility could occur at any time, or has already occurred and may occur again, if the resident is not protected effectively from the harm or if the threat is not removed.       (5)   LICENSE means a current, valid license to operate an assisted living facility issued by the Texas Department of Aging and Disability Services pursuant to Chapter 247, Texas Health and Safety Code, as amended.       (6)   PERSON means an individual, partnership, company, corporation, association, firm, organization, institution, or similar entity.       (7)   PERSONAL CARE SERVICES has the meaning given that term in Section 247.002 of the Texas Health and Safety Code, as amended. (Ord. Nos. 23631; 28706) SEC. 33-3.   STATE LICENSE REQUIRED.    A person commits an offense if he establishes or operates an assisted living facility in the city without a license. (Ord. Nos. 23631; 28706) SEC. 33-4.   CITY HEALTH, SAFETY, AND CONSTRUCTION STANDARDS APPLICABLE.    All health, safety, and construction standards established by the city in this code, the fire code, the construction codes, and any other applicable city ordinance or regulation apply to all assisted living facilities located within the city. (Ord. Nos. 23631; 28706) SEC. 33-5.   INSPECTION.    (a)   The director may inspect any facility at reasonable times as necessary to determine if it is an assisted living facility and to ensure compliance with this chapter and Chapter 247, Texas Health and Safety Code, as amended.    (b)   Upon request of the Texas Department of Aging and Disability Services, the city attorney may petition a district court for a temporary restraining order to inspect a facility that is allegedly required to be licensed as an assisted living facility and that is operating without a license, when admission to the facility cannot be obtained.    (c)   The director shall report to the Texas Department of Aging and Disability Services any assisted living facility that the director finds:       (1)   is established or operating in the city without a license;       (2)   poses an immediate threat to the health and safety of a resident of the assisted living facility; or       (3)   is otherwise violating a provision of Chapter 247, Texas Health and Safety Code, as amended, or any rule, regulation, or standard governing assisted living facilities promulgated by the Texas Department of Aging and Disability Services under Chapter 247, Texas Health and Safety Code, as amended. (Ord. Nos. 23631; 28706) SEC. 33-6.   INJUNCTION.    Upon request of the Texas Department of Aging and Disability Services, the city attorney may petition a district court for a temporary restraining order to restrain a continuing violation of the standards or licensing requirements for assisted living facilities under Chapter 247 of the Texas Health and Safety Code, as amended, if the Texas Department of Aging and Disability Services finds that the violation creates an immediate threat to the health and safety of the assisted living facility residents. (Ord. Nos. 23631; 28706) SEC. 33-7.   CIVIL PENALTIES.    The city attorney shall, upon being referred a case by the Texas Department of Aging and Disability Services, file suit in district court to collect and retain the civil penalty provided in Section 247.045, Texas Health and Safety Code, as amended. The city attorney and the Texas Department of Aging and Disability Services shall work in close cooperation throughout any legal proceedings requested by the Texas Department of Aging and Disability Services. (Ord. Nos. 23631; 28706) SEC. 33-8.   OFFENSES AND CRIMINAL PENALTIES.    (a)   A person commits an offense if he:       (1)   violates Section 33-3 of this chapter; or       (2)   refuses to allow or interferes with an inspection authorized under Section 33-5(a) of this chapter.    (b)   An offense under this chapter is punishable by a fine of not less than $200 or more than $2,000. A separate offense occurs each day or part of a day that the violation is committed, continued, or permitted.    (c)   Prosecution in municipal court for an offense under this section does not prevent the use of other enforcement remedies or procedures provided by other city ordinances or state or federal laws that are applicable to the person charged with or the conduct involved in the offense. (Ord. Nos. 23631; 28706) CHAPTER 34 PERSONNEL RULES ARTICLE I. GENERAL PROVISIONS. Sec. 34-1.   Policy. Sec. 34-2.   Administration. Sec. 34-3.   Penalty. Sec. 34-4.   Definitions. Sec. 34-5.   Conditions of employment. Sec. 34-6.   Requirements for induction. Sec. 34-7.   Application for employment. Sec. 34-8.   Appointments. Sec. 34-9.   Eligibility for benefits. Sec. 34-10.   Reappointments. Sec. 34-11.   Probation. Sec. 34-12.   Demotions. Sec. 34-13.   Transfers and reassignments. Sec. 34-14.   Terminations. ARTICLE II. COMPENSATION. Sec. 34-15.   General. Sec. 34-16.   Work hours. Sec. 34-17.   Overtime and paid leave for civilian employees. Sec. 34-18.   Pay for vacation leave. Sec. 34-19.   Work hours, paid leave, and overtime for public safety employees. Sec. 34-20.   Exempt employees. Sec. 34-21.   Distribution of pay checks. ARTICLE III. LEAVE POLICIES. Sec. 34-21.1.   General. Sec. 34-22.   Sick leave. Sec. 34-22.1.   Medical testing. Sec. 34-22.2.   Quarantine leave. Sec. 34-22.3.   Mental health leave. Sec. 34-22.4.   Compassionate leave. Sec. 34-23.   Vacation leave. Sec. 34-24.   Compensatory leave. Sec. 34-24.1.   Family and medical leave. Sec. 34-24.2.   Paid parental leave. Sec. 34-25.   Holidays. Sec. 34-26.   Court leave. Sec. 34-27.   Death-in-family leave. Sec. 34-28.   Leave without pay. Sec. 34-29.   Leave with pay (excused absence). Sec. 34-30.   Military service/military leave. Sec. 34-31.   Injury leave. Sec. 34-31.1.   Mandatory city leave. ARTICLE IV. BENEFITS. Sec. 34-32.   Health benefit plans. Sec. 34-33.   Life insurance. Sec. 34-34.   Reserved. ARTICLE V. RULES OF CONDUCT. Sec. 34-35.   Fair employment practices. Sec. 34-36.   Rules of conduct. ARTICLE VI. DISCIPLINE, GRIEVANCE, AND APPEAL PROCEDURES. Sec. 34-37.   Discipline procedures. Sec. 34-38.   Grievance and appeal procedures. Sec. 34-39.   Appeals to the civil service board. Sec. 34-40.   Appeals to the trial board or administrative law judge. Sec. 34-41.   Reserved. ARTICLE VII. WAGE SUPPLEMENTATION. Sec. 34-42.   Reserved. Sec. 34-43.   Wage supplementation plan. Sec. 34-44.   Reserved. Sec. 34-45.   Benefit policy for off-duty security or traffic control services. ARTICLE I. GENERAL PROVISIONS. SEC. 34-1.   POLICY.    The provisions of this chapter are subject to modification, rescission, and amendment by the Dallas city council at any time. Nothing in this chapter conveys a contract of employment with the city of Dallas and nothing in this chapter is intended to be a term of a contract when combined with any other document, instrument, or writing. Nothing in this chapter conveys a private cause of action to any employee. (Ord. Nos. 24873; 26182; 30657) SEC. 34-2.   ADMINISTRATION.    (a)   City manager.       (1)   The city manager is designated by the charter as the chief administrative and executive officer with appointing authority for all positions of employment with the city, except as otherwise provided by the city charter.       (2)   The city manager is responsible for employee efficiency, morale, and welfare. The city manager, a department director, or a designated representative of either may discharge, demote, suspend, or reprimand any employee, subject to provisions of the charter.    (b)   Director of human resources. The director of human resources is appointed by the city manager to administer the human resources system as established by the city charter, this chapter, and other applicable city ordinances and state and federal laws. Responsibilities include, but are not limited to, the following:       (1)   Establishing processing and orientation procedures for all new city employees.       (2)   Reviewing and approving all appointments, reappointments, and reinstatements to city employment.       (3)   Providing and administering human resources programs, rules, regulations, procedures, and actions affecting employment status, including, but not limited to, promotions, transfers, leaves of absence, and paid leave programs.       (4)   Administering and ensuring compliance with disciplinary and grievance procedures in cooperation with department directors, assistant directors, and supervisors, except as otherwise provided in this chapter.       (5)   Reviewing departmental human resources programs, rules, regulations, procedures, and actions and ensuring compliance with city policies and this chapter.       (6)   Ensuring departmental compliance and cooperation with the rules and regulations of the civil service board, when applicable.       (7)   Providing regulations, guidelines, procedures, and assistance to employees and departments regarding human resources-related complaints, excluding formal complaints filed with the civil service board.       (8)   Regulating information made available to employees by regular distribution, including all charity drives or fund solicitations in which employees are asked to contribute or participate.       (9)   Developing and administering, in cooperation with other departments, training and development programs for city employees.       (10)   Administering the employee benefit program as directed by the city manager.       (11)   Developing, recommending, and administering equitable compensation and benefit programs for city employees.       (12)   Maintaining master employee human resources files and, in consultation with the city attorney, developing procedures for responding to all requests for human resources information.       (13)   Reviewing all council resolutions amending the number of budgeted positions or the salary and classification schedules.       (14)   Maintaining an employee service awards program.       (15)   Administering classification and evaluation programs applicable to positions of employment.       (16)   Administering the unemployment compensation program.       (17)   Maintaining a human resources information system and preparing and submitting all statistical human resources reports required by federal, state, or other agencies.       (18)   Providing guidance, consultation, and personnel information to other departments.       (19)   Developing and maintaining an employee performance evaluation and associated merit pay program.       (20)   Performing all other actions necessary for the proper administration of the human resources system as established by the city charter, this chapter, and other applicable city ordinances and state and federal laws.    (c)   Fire and police departments. The chiefs of the fire and police departments shall, respectively, designate an officer of rank in each department who shall act as human resources officer, subject to the direction and supervision of the chief of the department. Those officers shall cooperate with the director of human resources in all departmental human resources matters relating to their respective departments and maintain complete departmental human resources records.    (d)   Certification for classified positions. The names of persons eligible for classified positions are certified by the civil service board only upon request of the city manager, a department head, the director of human resources, or a designated representative. (Ord. Nos. 19340; 19473; 22026; 24873; 28424; 31745) SEC. 34-3.   PENALTY.    An employee who fails to comply with this chapter, or who violates one or more of the rules of conduct set forth in this chapter, is subject to appropriate disciplinary action, including reprimand, suspension, demotion, or discharge, whichever is applicable. All disciplinary action taken and any appeal from the disciplinary action must be in conformance with the procedures established by the city charter, this chapter, departmental rules and regulations, and other applicable law. (Ord. Nos. 19340; 24873) SEC. 34-4.   DEFINITIONS.    In this chapter:    (1)   ADMINISTRATIVE TERMINATION means termination because of death, disability, service retirement, or end of a temporary assignment.    (2)   APPOINTMENT means:             (A)   initial city employment; or             (B)   placement into a position of department director, assistant department director, or other managerial personnel designated by the city council in accordance with Section 11, Chapter XVI of the city charter, regardless of whether the placement was through a competitive or noncompetitive selection process.    (3)   ASSIGNMENT PAY means additional compensation for specialized duties as established by the salary and classification schedule.    (4)   AUTHORIZED POSITION means an individual position described by a specific classification title and approved by the city council. Any change to an authorized position requires city council approval.    (5)   BASE HOURLY RATE OF PAY means the hourly rate of an employee's base salary as established in the salary and classification schedule for nonexempt employees.    (6)   BENEFIT means an employer-sponsored program that includes, but is not limited to, paid leave and health and life insurance benefits, but does not include wages, merit increases, service credit, or seniority.    (7)   BREAK IN SERVICE means termination for one or more work days as a result of:       (A)   administrative termination, resignation, reduction in force, or discharge, followed by reappointment; or       (B)   leave of absence without pay for more than six consecutive calendar weeks, except to the extent that the leave without pay is authorized by federal or state law.    (8)   CITY means the city of Dallas, Texas.    (9)   CIVIL SERVICE BOARD means the civil service board of the city.    (10)   CLASSIFICATION means all positions, regardless of departmental location, that are sufficiently alike in duties and responsibilities to:       (A)   be called by the same descriptive title;       (B)   be accorded the same pay scale under like conditions; and       (C)   require substantially the same education, experience, and skills.    (11)   CLASSIFICATION CHANGE means revision of a position title that may include an adjustment of pay range.    (12)   CLASSIFIED POSITION means a position that is subject to civil service rules and regulations as designated by the city charter.    (13)   DEMOTION means a demotion as defined in Section 34-12(a) of this chapter.    (14)   DISCHARGE means involuntary termination.    (15)   EMPLOYEE means a person employed and paid a salary or wages by the city, whether under civil service or not, and includes a person on a part-time basis, but does not include an independent contractor or city council member.    (16)   EMPLOYEES’ RETIREMENT FUND BOARD means the board of trustees of the employees’ retirement fund of the city of Dallas.    (17)   EXEMPT EMPLOYEE means an exempt employee as defined by the Fair Labor Standards Act, as amended.    (18)   FAMILY AND MEDICAL LEAVE ACT means the Family and Medical Leave Act of 1993 (29 U.S.C.A. §§ 2601 et seq.), as amended.    (19)   FAMILY LEAVE means authorized leave as provided for in the Family and Medical Leave Act.    (20)   FIRE DEPARTMENT means the fire-rescue department of the city.    (21)   FLEX TIME means a balancing time entry process that provides exempt employees with the opportunity to substitute additional hours worked outside of his or her normal work schedule for time not worked during the same pay period in order to meet the total 80 hours required in a pay period. Flex time is a balancing entry only and is not paid leave.    (22)   FURLOUGH LEAVE means time off from work when employees are placed in a temporary non- duty, non-pay status for required budgetary reasons.    (23)   GENDER IDENTITY AND EXPRESSION means an individual's real or perceived gender identity as male, female, both, or neither.    (24)   GRADE means a division of a salary and classification schedule with specified rates or ranges of pay.    (25)   GRIEVANCE means an employee’s formal, written complaint regarding work conditions that the employee claims have been adversely affected by a violation, misinterpretation, or misapplication of a specific law, ordinance, resolution, policy, rule, or regulation.    (26)   IMMEDIATE FAMILY MEMBER means:       (A)   a husband, wife, father, mother, father-in-law, mother-in-law, son, daughter, foster child, brother, or sister of an employee; or       (B)   any person related to an employee by blood or marriage and who resides in the same household as the employee.    (27)   INTERNAL APPEAL means an administrative appeal to which an employee may be entitled under this chapter, this code, the city charter, or departmental regulations.    (28)   LEAVE WITHOUT PAY means an authorized temporary absence without pay.    (29)   MANDATORY CITY LEAVE means paid leave that is provided to employees by the city as a result of budget-related pay reductions.    (30)   MERIT INCREASE means a discretionary increase in salary based on performance.    (31)   MILITARY LEAVE means authorized leave to perform duties in the military service as provided for in:       (A)   the Uniformed Services Employment and Reemployment Rights Act;       (B)   Chapter 431 of the Texas Government Code, as amended; and       (C)   Chapter 613 of the Texas Government Code, as amended.    (32)   MILITARY SERVICE means:       (A)   the uniformed services, as defined in the Uniformed Services Employment and Reemployment Rights Act;       (B)   the state militia, as defined in Chapter 431 of the Texas Government Code, as amended; and       (C)   the military service, as defined in Chapter 613 of the Texas Government Code, as amended.    (33)   NON-CIVIL SERVICE EMPLOYEE means an employee who fills a position that is exempt from the provisions applicable to the civil service, as designated by the city charter. Non-civil service employees include:       (A)   employees of the legal department, the city manager’s office, the city auditor’s office, the city secretary’s office, the library department, the park and recreation department, and the radio department (WRR);       (B)   municipal court judges; and       (C)   city council office staff.    (34)   NONEXEMPT EMPLOYEE means a nonexempt employee as defined by the Fair Labor Standards Act, as amended.    (35)   PAID LEAVE means sick leave, vacation leave, holiday leave, court leave, death-in-family leave, no more than 21 days of military leave each fiscal year as required by state law, parental leave, quarantine leave, mental health leave for peace officers, compassionate leave, and mandatory city leave.    (35.1)   PERMANENT EMPLOYEE means an employee who is not a temporary employee. A permanent employee's employment with the city may be terminated based on a reduction-in-force, for cause, or for any reason not prohibited by this chapter, the city charter, or federal, state, or local law.    (36)   POLICE AND FIRE PENSION BOARD means the board of trustees of the police and fire pension system of the city of Dallas.    (37)   POSITION means a collection of tasks, duties, and responsibilities regularly assigned to and performed by an individual.    (38)   PROBATION:       (A)   Probation means a minimum six-month period:          (i)   after initial appointment, during which an employee can be terminated without right of appeal; or          (ii)   after promotion, during which an employee can be:             (aa)   returned to the previous position, if a retreat right to the previous position exists; or             (bb)   terminated without right of appeal, if no retreat right exists.       (B)   Probation may be extended to allow:          (i)   six months on-the-job work performance; or          (ii)   completion of any written prerequisites to employment.       (C)   Probation does not apply to positions in departments exempt from civil service, and employees in those positions do not serve a probationary period.       (D)   The service of a probationary period or the successful completion of a probationary period does not convey upon, imply, or intend to imply that an employee has a property interest in continued employment or a contract of employment with the city.    (39)   PROMOTION means an increase in grade with a resulting increase in salary due to placement in a position as a result of a competitive or noncompetitive selection process.    (39.1)   PRORATED SALARY RATE means a proportionate salary rate based on the annual salary divided by the employee's standard annual work hours for exempt employees.    (40)   REAPPOINTMENT means re-employment of a former city employee.    (41)   REASSIGNMENT means a change of an employee to an equivalent position (same grade) within the same department.    (42)   REDUCTION IN FORCE means a reduction in the number of budgeted positions due to a change in work or funds.    (43)   REGULAR RATE OF PAY means a nonexempt employee's base hourly rate of pay or a prorated salary rate for exempt employees plus additional payments as established in the salary and classification schedule.    (44)   RESIGNATION means a voluntary termination.    (45)   SALARY AND CLASSIFICATION SCHEDULE means a city council-approved resolution that establishes all position classifications for city employment and the corresponding pay rates.    (46)   SERVICE CREDIT means the total duration of city employment, less any adjustments for breaks in service.    (47)   SEXUAL ORIENTATION means the actual or perceived status of an individual with respect to the individual’s sexuality. Heterosexual, homosexual, and bisexual are examples of sexual orientation.    (48)   SHIFT DIFFERENTIAL PAY means additional compensation for regularly scheduled work hours outside of the city’s normal business hours, as specifically described in administrative directives of the city.    (49)   STEP means one salary increment within a grade for a sworn police or fire department employee.    (50)   SUSPENSION means unpaid disciplinary leave for a specified period of time.    (51)   SWORN EMPLOYEES OF THE POLICE DEPARTMENT means:       (A)   police officers and all related classifications, including trainee police officers; and       (B)   park rangers and all classifications above park ranger in the same classification family.    (52)   TASKING means release from duty upon completion of assigned work before the scheduled end of the work day.    (52.1)   TEMPORARY EMPLOYEE means an employee who has been designated as temporary pursuant to Section 34-8.    (53)   TERMINATION means cessation of employment with the city.    (54)   TRANSFER means the change of an employee from a position in one department to an equivalent position (same grade) in another department, but that does not result in either promotion or demotion.    (55)   UNCLASSIFIED POSITION means an unclassified civil service position as designated by Section 3, Chapter XVI of the city charter.    (56)   UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT means the Uniformed Services Employment and Reemployment Rights Act of 1994 (38 U.S.C.A. §§ 4301 et seq.), as amended.    (57)   WORK WEEK means the seven- day period from Wednesday through Tuesday.    (58)   WORKING DAYS means Monday through Friday, excluding official holidays observed by the city of Dallas as set forth in Section 34-25 of this chapter. (Ord. Nos. 19340; 19473; 19679; 22195; 22296; 22318; 24873; 28024; 28794; 29480; 30216; 31745; 32035) SEC. 34-5.   CONDITIONS OF EMPLOYMENT.    (a)   Compliancewithrulesandlaws. Every city employee shall comply with:       (1)   the provisions of the city charter and ordinances; and       (2)   instructions and regulations promulgated by the city council or by any person in whom authority is vested by the city council.    (b)   Retirementfundmembership. Every permanent employee must be a member of the employees’ retirement fund except a sworn employee of the police or fire department, who shall be a member of the police and fire pension system.    (c)   Subrogation. Every employee of the city accepts employment upon the condition that, if in the course of employment the employee sustains injury attributable in whole or in part, directly or indirectly, through the negligence or wrongdoing of a third person, firm, or corporation, the city shall be subrogated to the employee’s rights, remedies, and claims against the third party to the extent of the amounts expended by the city for and on behalf of the employee, including wage supplementation during absence from work, workers’ compensation, and medical costs arising out of or in any manner connected with the injury.    (d)   Nepotism.       (1)   An employee may not work under the line of supervision of a relative or the employee’s domestic partner.       (2)   An employee shall not make, or attempt to influence, any determination concerning the employment status or eligibility for employment of a relative or the employee’s domestic partner.       (3)   For purposes of this subsection:          (A)   DOMESTIC PARTNER has the meaning given that term in Section 12A-2 of the Dallas City Code.          (B)   RELATIVE means the employee's spouse, mother, father, stepmother, stepfather, mother-in-law, father-in-law, son, daughter, foster child, stepson, stepdaughter, son-in-law, daughter-in-law, brother, sister, stepbrother, stepsister, brother-in-law, or sister-in-law, or any grandparent, aunt, uncle, niece, nephew, or cousin related to the employee by blood or marriage.    (e)   Notification of arrest. Within one business day after returning to work, an employee who has been arrested in the United States or any other country shall notify the human resources representative for the employee’s department of the arrest and the reason for the arrest. An arrested employee who gives notice under this subsection is still required to comply with the notice of absence or tardiness requirements set forth in Section 34-36(b)(1)(B) of this chapter. (Ord. Nos. 19340; 22296; 22318; 24873; 28024; 31745) SEC. 34-6.   REQUIREMENTS FOR INDUCTION.    To obtain employment with the city, an applicant must:       (1)   be at least 16 years of age, unless otherwise approved under a federally-sponsored program;       (2)   be eligible to work in the United States in accordance with the federal Immigration Reform and Control Act, as amended;       (3)   have a social security number;       (4)   agree to be fingerprinted, if requested;       (5)   take a polygraph examination related specifically to job performance, for positions designated by the director of human resources; and       (6)   pass a medical, physical agility, drug and alcohol, and/or mental examination after an employment offer has been extended, appropriate for the position as designated by the director of human resources. (Ord. Nos. 19340; 22026; 22195; 24873; 31745) SEC. 34-7.   APPLICATION FOR EMPLOYMENT.    (a)   Application form. Every applicant for employment with the city shall submit a completed application form. Every question on the form must be answered.    (b)   False or incomplete information. Any applicant or employee who provides false information on the application form or who fails to disclose information that is pertinent to the appointment is subject to denial of employment or discharge. (Ord. Nos. 19340; 24873) SEC. 34-8.   APPOINTMENTS.    (a)   Temporary employees.       (1)   Appointments. An employee is designated as temporary when appointed to any of the following:          (A)   an assignment less than six months in duration;          (B)   a position funded under a federal employment and training program as a participant meeting federal eligibility requirements, but not including administrative or staff positions;          (C)   positions in the city’s temporary help service program;          (D)   a cooperative work-study program with an educational institution;          (E)   a seasonal position, even though the assignment may last more than six months;          (F)   a position that is intended to give introductory work experience to a person preparing for entry into the work force; and          (G)   a position scheduled to work less than 20 hours per week.       (2)   Release. A temporary employee does not serve probation and may be released at any time without right of internal appeal.    (b)   Permanent employees. An employee is designated as permanent when appointed in any situation not defined as temporary under Subsection (a). Exceptions to this subsection must be approved by the director of human resources. Nothing in this provision conveys a contract of employment with the City of Dallas and nothing in this provision is intended to be a term of a contract when combined with any other document, instrument, or writing.    (c)   Full-time and part-time status. An employee is designated as:       (1)   full-time when appointed on a work schedule that is at least 40 hours per week or averages 40 hours per week;       (2)   part-time when appointed on a work schedule that:          (A)   is less than the usual work schedule of the unit to which the employee is assigned; or          (B)   averages less than 40 hours per work week.    (d)   Special appointments. An employee is designated as a special appointment when the appointment is:       (1)   to a special body or commission not fully under the jurisdiction of the city, but where the employee is carried on the city payroll for administrative purposes;       (2)   a mobility appointment under the federal Intergovernmental Personnel Act; or       (3)   a cooperative appointment with another agency or organization. (Ord. Nos. 19340; 19473; 22026; 24873; 31745) SEC. 34-9.   ELIGIBILITY FOR BENEFITS.    (a)   Employees.       (1)   A permanent full-time employee is eligible for employee benefits, including, but not limited to, paid leave as provided in this chapter, health benefit plan participation, life insurance, and retirement benefits. Benefits may be changed at any time subject to applicable law and subject to city council approval when required, for any lawful reason, including budget constraints.       (2)   An employee hired in a classification other than permanent full- time is eligible for benefits in accordance with federal law and as described in the applicable plan documents.       (3)   A temporary employee is entitled to holiday pay in accordance with Section 34-25(b).    (b)   City council members. City council members are not employees. City council members are eligible for certain tax-favored benefits in accordance with federal law and as described in the applicable plan documents. (Ord. Nos. 19340; 22026; 22195; 22296; 22318; 24873; 25051; 29883; 31745; 32342) SEC. 34-10.   REAPPOINTMENTS.    (a)   Retrieving continuous full-time service.       (1)   A person who is reappointed as a city employee retrieves previous continuous full-time service earned during the immediately preceding period of full-time city employment if the person:          (A)   previously had completed at least six months, but less than five years, of continuous full- time service with the city; and          (B)   is reappointed within one year after termination of the previous city employment.       (2)   A person who is reappointed as a city employee retrieves previous continuous full-time service earned during the longest single preceding period of full-time service if the person:          (A)   previously had completed at least five years of continuous full- time service with the city; and          (B)   is reappointed within 10 years after termination of the previous city employment.       (3)   Continuous full-time service retrieved under this subsection will be for purposes of determining all service related benefits except retirement benefits. Service credit for retirement and pension programs is defined in the governing documents, ordinances, and statutes establishing those programs.    (b)   Probation. A reappointed employee who retrieves service under Subsection (a) of this section must serve a new probation period, if applicable, starting with the reappointment date. The service of a probationary period or the successful completion of a probationary period does not convey upon, imply, or intend to imply that an employee has a property interest in continued employment or a contract of employment with the city.    (c)   Pay grade within one year. When a person is reappointed to the same classification or to a comparable one within one year after termination of prior city employment, the person may be returned to the same salary level held before termination. The date of reappointment determines the date of eligibility for a pay increase.    (d)   Reappointment with no service time retrieved. A reappointed employee will be governed by regulations applying to new appointments if the employee is ineligible to retrieve continuous full-time service under Subsection (a) of this section after a break in service.    (e)   Return from military service. Reappointment of an employee from military service must be in accordance with Section 34-30 of this chapter and administrative directives established pursuant to that section. (Ord. Nos. 19340; 22296; 22318; 24873; 25663; 28024) SEC. 34-11.   PROBATION.    (a)   Charter provisions. Section 10, Chapter XVI of the city charter establishes the period of probation, when applicable.    (b)   Purpose. The purpose of any probation is to determine that the employee can and will perform satisfactorily. The service of a probationary period or the successful completion of a probationary period does not convey upon, imply, or intend to imply that an employee has a property interest in continued employment or a contract of employment with the city.    (c)   Applicability.       (1)   All employees in a classified or unclassified civil service position (including directors, assistant directors, and other managerial personnel designated by the city council of departments that are not exempt from civil service provisions under Section 9, Chapter XVI of the Dallas City Charter) serve a probationary period of six months after an initial appointment or a promotion.       (2)   Non-civil service employees do not serve a probationary period after either an initial appointment or a promotion.       (3)   No employee serves a probationary period after a lateral transfer or demotion.    (d)   Initial probation. Until an employee in a classified or unclassified civil service position successfully completes probation required to be initially served after appointment or reappointment to city employment, the employee has no right to an internal appeal of a determination that the employee failed probation or of any subsequent termination of employment with the city. Even after serving an initial probation, appeal rights of department directors, assistant department directors, and other managerial personnel designated by the city council are limited by this chapter and Section 11, Chapter XVI of the Dallas City Charter.    (e)   Promotional probation. Until an employee in a classified or unclassified civil service position successfully completes probation required to be served after a promotion, the employee has no right to an internal appeal of a determination that the employee failed probation or of any subsequent demotion. Even after serving a promotional probation, appeal rights of department directors, assistant department directors, and other managerial personnel designated by the city council are limited by this chapter and Section 11, Chapter XVI of the Dallas City Charter.    (f)   A probationary period may be extended by the civil service board in the classified service or by the director of human resources, with approval of the city manager, in the unclassified service to include the entire training period of a formal apprenticeship training program or to allow six months on- the-job work performance or completion of any written prerequisites to employment. An employee will be informed in writing of the approval of such an extension.    (g)   Notification of failed probation. Upon failing initial or promotional probation, an employee shall be immediately notified of the failure and:       (1)   terminated, if serving an initial probation;       (2)   given an opportunity to retreat, if serving a promotional probation and a right to retreat exists; or       (3)   terminated, if serving a promotional probation and no right to retreat exists.    (h)   Right to retreat.       (1)   Right to retreat for certain positions.          (A)   Right to retreat for classified and unclassified civil service civilian employees. If an employee is promoted into a classified or unclassified civilian civil service position and fails to complete probation in that position, whether voluntarily or because of nonsatisfactory performance, the employee maintains a right to retreat to the immediately former position, grade, and base hourly rate of pay or step, whichever is applicable if the immediately former position is vacant, provided that probation was completed in the immediately former position and the former position was a classified or unclassified civil service position. A department director, in their discretion, may allow an employee in the classified or unclassified civil service to retreat to a vacant comparable position if the immediately former position is no longer available.          (B)   Right to retreat for classified civil service sworn employees. Promotion of any classified civil service sworn employee of the police and fire department shall not be deemed complete until a period of six months shall have elapsed from the date of appointment to the higher rank. If, during the six- month period, the promoted employee does not merit the promotion and it is recommended by the Chief of the department that the employee be reduced, then the employee so promoted shall be returned to the rank held by the employee at the time of promotion.       (2)   Not applicable to certain positions. The right to retreat does not apply to an employee promoted to or from a position that is not a classified or unclassified civil service position or to an employee appointed to the position of director, assistant director, or other managerial personnel designated by the city council.       (3)   Property interest not conveyed. An employee's right to retreat does not convey upon, imply, or intend to imply that an employee has a property interest in continued employment or a contract of employment with the city. (Ord. Nos. 19340; 19932; 22296; 22318; 24873; 28024; 31745) SEC. 34-12.   DEMOTIONS.    (a)   Demotion means a reduction in grade with a resulting decrease in salary. Demotions are not necessarily the result of or limited to reductions in grade resulting from disciplinary action. Department directors, assistant department directors, and other managerial personnel designated by the city council may be reduced in grade without a right to an internal appeal.    (b)   Salary adjustment. If an employee who has completed probation is demoted by the employee’s own election, demoted as a result of a reduction in force, or demoted in a disciplinary action, the employee’s salary will be adjusted as outlined in the administrative directives of the city and in accordance with city council- approved salary schedules for the demoted position. (Ord. Nos. 19340; 22296; 22318; 24873) SEC. 34-13.   TRANSFERS AND REASSIGNMENTS.    (a)   Processing promotional transfers. A supervisor shall process an employee transfer that results in promotion within two weeks following notification of the employee’s intent to accept the promotion. The director of human resources must approve exceptions to this subsection.    (b)   Reassignments. A department director may reassign positions and staff within a department to provide for the best interest of the employee or the department. An employee may not grieve a reassignment, including situations in which the employee:       (1)   was involuntarily reassigned; or       (2)   applied for and was not selected for the reassignment.    (c)   Transfers. An employee who applies for a transfer must meet the minimum qualifications of the requested position. The following procedures apply to a transfer:       (1)   Present and prospective supervisors shall cooperate in considering and processing a transfer when operations of the transferring or receiving department are not impaired and department directors for both departments agree to the transfer. Supervisors shall process the release of an employee transfer within a reasonable time following notification of the employee's intent to accept the transfer.       (2)   An employee who is transferred has no right to return to the immediately former position or a comparable position.       (3)   An employee who accepts a transfer is not guaranteed the same base hourly rate of pay held in the immediately former position.    (d)   Retention of benefits. A transferred employee maintains all benefits, including accrued leave, subject to the provisions of this chapter.    (e)   Retirement plans. An employee who transfers to a position that is covered by a different retirement program than the one that covered the employee’s previous position with the city must change membership to the appropriate employee retirement program. (Ord. Nos. 19340; 22026; 22296; 22318; 24873; 31745) SEC. 34-14.   TERMINATIONS.    (a)   Classification. A termination is classified as follows:       (1)   resignation;       (2)   discharge;       (3)   reduction in force; or       (4)   administrative.    (b)   Death during working hours. An employee who dies during working hours will be paid as if the employee had worked the entire regular work day.    (c)   Benefits. Benefits due a terminating employee are stipulated elsewhere in this chapter under the sections pertaining to the respective benefit. (Ord. Nos. 19340; 24873; 28024) ARTICLE II. COMPENSATION. SEC. 34-15.   GENERAL.    (a)   Charter provisions. Section 18, Chapter XXIV of the city charter provides that the wages, hours, and conditions of employment of all city employees shall be fixed and approved by the city council.    (b)   Salary schedule. All classifications and salary ranges existing in city employment are identified in the salary and classification schedule. Any addition to or deletion from this schedule must be made by resolution of the city council.    (c)   The provisions of this article may be modified by a city council ordinance or resolution adopting a meet and confer or collective bargaining agreement. If any provision of this article conflicts with a provision of a meet and confer or collective bargaining agreement adopted by the city council, the provision of the meet and confer or collective bargaining agreement will prevail. (Ord. Nos. 19340; 24873; 28024; 31745) SEC. 34-16.   WORK HOURS.    (a)   Standard work day. The standard work day is eight hours, but may deviate depending on departmental operating needs. The work day may exclude approved meal periods, but may include a 15- minute break period within any uninterrupted four-hour work period. An employee may be required to work hours other than the employee’s normal work schedule.    (b)   The standard work week is 40 hours, but may deviate depending on departmental operating needs.    (c)   Alternate work schedules. The following alternate work schedules, and any additional ones adopted by city council resolution, may be selected and implemented for a department, with prior written approval from the director of human resources and the city manager. SCHEDULE HOURS PER WEEK HOURS PER 24 HOUR PERIOD BEGINNING AT MIDNIGHT SCHEDULE HOURS PER WEEK HOURS PER 24 HOUR PERIOD BEGINNING AT MIDNIGHT (1) Four 10-hour days a 40 Maximum of 10. week. (2) 12-hour days on Monday and Tuesday and 8-hour days 40 Varies from a minimum of 8 on Thursday and Friday. to a maximum of 12. Tasking is allowed. (3) Five 8-hour days a 40 Maximum of 8. week. Tasking is allowed. (4) Four 9-hour days and 40 Varies from a minimum of 4 one 4- hour day a week. to a maximum of 9. (5) Three 11-1/2 hour days one week of a pay period and four 11-1/2 hour days Varies from 34.5 to 46. Maximum of 11- 1/2. the other week of a pay period. (6) Three 12-hour days one week of a pay period and Varies from 36 to 48 Maximum of 12 four 12-hour days the other week of a pay period. (7) Three 12-hour days one week of a pay period and Varies from a minimum of 8 three 12-hour days and one Varies from 36 to 44 to a maximum of 12 8-hour day the other week of a pay period. (8) Two 13-hour days and 40 Varies from a minimum of 13 one 14-hour day a week to a maximum of 14. (9) Any combination of hours, ranging from a minimum of 4 to a maximum of 12, in a day. A work Varies from 32 to 48 Varies from a minimum of 4 week consists of a minimum to a maximum of 12. of 3-1/2 days and a maximum of 7 days. Tasking is allowed.      (d)   24-hour staffing. For jobs requiring 24-hour staffing, meals may be eaten while on duty. An employee is considered on duty during all meal breaks and is expected to be readily available to perform required duties.    (e)   Take-home vehicles. The work day for an employee who travels to and from a regular jobsite in city equipment begins at the time and location at which the employee is initially required to report for duty. The work day ends when the employee is relieved of duty.    (f)   Flex time. Rules regarding the use and application of flex time are addressed in the administrative directives of the city. (Ord. Nos. 19340; 19473; 22296; 22318; 24052; 24873; 28024) SEC. 34-17.   OVERTIME AND PAID LEAVE FOR CIVILIAN EMPLOYEES.    (a)   Weekly overtime. Any nonexempt employee will be paid an overtime hourly rate of 1-1/2 times the employee’s regular rate of pay for all hours worked over 40 in any work week.    (b)   Paid leave. An employee is charged with paid leave only on days the employee would otherwise have been scheduled to work. If the employee is assigned to a standard work week, no more than 40 hours paid leave may be charged in one work week. If the employee is assigned to an approved alternate work schedule, the hours charged in one work week as paid leave may not exceed the maximum hours contained in the alternate work week during which the leave was taken. Except for holiday leave, mandatory city leave, and court leave pursuant to Section 34-26, paid leave will not be counted as work time for purposes of computing overtime or compensatory leave.    (c)   Call backs. A nonexempt employee who is called back to work and reports back to work outside of the employee’s scheduled work hours must be paid a minimum of two hours worked, if the call back does not merge with the employee’s scheduled start time.    (d)   Exception. This section does not apply to a sworn employee of the police department or the fire department. (Ord. Nos. 19340; 19473; 22296; 22318; 24052; 24873; 25389; 28024; 30216) SEC. 34-18.   PAY FOR VACATION LEAVE.    (a)   Rate of pay. When pay in lieu of vacation leave is approved as provided by Section 34-23(o), the employee will receive the employee's base hourly rate of pay for nonexempt employees or the employee's prorated salary rate for exempt employees. This pay is not considered in determining eligibility for overtime pay under Section 34-17.    (b)   Exception. This section does not apply to a sworn employee of the police department or the fire department. (Ord. Nos. 19340; 22296; 22318; 24873; 31745) SEC. 34-19.   WORK HOURS, PAID LEAVE, AND OVERTIME FOR PUBLIC SAFETY EMPLOYEES.    (a)   Police department. The work period and work hours for sworn employees of the police department are as follows:       (1)   For purposes of the Fair Labor Standards Act, as amended, the work period for a nonexempt sworn employee of the police department is 28 days.       (2)   Weekly overtime. A nonexempt sworn employee of the police department will be paid an overtime hourly rate of 1-1/2 times the employee’s regular rate of pay for all hours worked over 40 in any work week, or be granted compensatory leave for all hours in excess of 40.       (3)   Paid leave. Any sworn employee of the police department is charged with paid leave only on days the employee would otherwise have been scheduled to work. If the employee is assigned to a standard work week, no more than 40 hours paid leave may be charged in one work week. If the employee is assigned to an approved alternate work schedule, the hours charged in one work week as paid leave may not exceed the maximum hours contained in the alternate work week during which the leave was taken. Authorized attendance incentive leave, vacation leave, holiday leave, leave with pay as defined by Section 34-29, compensatory leave, court leave pursuant to Section 34-26, mandatory city leave, military leave, and death-in- family leave will be counted as work time for purposes of computing overtime or compensatory leave.       (4)   Call backs. A nonexempt sworn employee of the police department who is called back to work and reports back to work outside of the employee’s scheduled work hours must be paid a minimum of two hours worked, if the call back does not merge with the employee’s scheduled start time.       (5)   Compensatory leave in lieu of overtime pay may be granted a nonexempt sworn employee of the police department at the request of the employee, subject to supervisory approval. Compensatory leave is earned at the rate of 1-1/2 hours for each hour worked, to a maximum of 480 hours accrued. Compensatory leave will be granted within a reasonable time after being requested if the use of the compensatory leave does not unduly disrupt the operations of the department. Compensatory leave may be taken in hourly increments. The accrual and use of compensatory leave is governed by the Fair Labor Standards Act, as amended, and Section 142.0016 of the Texas Local Government Code, as amended. Compensatory leave not taken during the payroll quarter in which it is accrued or during the following two payroll quarters will be paid at the employee’s regular rate of pay earned at the time of payment or at the time of forfeiture of the compensatory leave, whichever rate is higher. Compensatory leave will be paid upon termination at the higher of:          (A)   the average regular rate of pay received by the employee during the last three years of the employee’s employment with the city; or          (B)   the final regular rate of pay received by the employee.       (6)   A sworn employee of the police department above the rank of captain is an exempt employee and does not earn overtime or compensatory leave.    (b)   Fire department. The work period and work hours for sworn employees of the fire department are as follows:       (1)   The work period for a sworn employee of the fire department is, depending upon assignment, 28 days (pursuant to Fair Labor Standards Act, as amended,) or a standard 40-hour work week.       (2)   The standard work day or shift for a sworn employee of the fire department may consist of the following, depending upon assignment:          (A)    8 hours a day;          (B)   12 hours a day; or          (C)   24 hours a day.       (3)   A sworn employee of the fire department assigned to special training is subject to the eight-hour work day.       (4)   A sworn employee of the fire department with the rank of assistant chief or above is an exempt employee and does not earn overtime. A civilian employee of the fire department with a classification equivalent to assistant chief or above is an exempt employee and does not earn overtime.       (5)   A nonexempt sworn employee of the fire department who works more than 212 hours in a 28-day work period or 40 hours in a standard work week, depending upon assignment, will be paid at 1- 1/2 times the employee’s regular rate of pay for hours worked beyond the scheduled work period.       (6)   A nonexempt sworn employee of the fire department may, subject to departmental approval, choose to receive compensatory leave in lieu of overtime pay at the rate of 1-1/2 hours for each hour worked beyond each scheduled work period, to a maximum of 480 hours accrued.       (7)   Compensatory leave may be earned by a sworn employee of the fire department other than an exempt employee above the ranks of fire battalion/ section chief and fire prevention section chief. Compensatory leave will be granted within a reasonable time after being requested if the use of the compensatory leave does not unduly disrupt the operations of the department. Compensatory leave may be taken in hourly increments. The accrual and use of compensatory leave is governed by the Fair Labor Standards Act, as amended, and Section 142.0016 of the Texas Local Government Code, as amended. Compensatory leave not taken during the payroll quarter in which it is accrued or during the following two payroll quarters will be paid at the employee’s regular rate of pay earned at the time of payment or at the time of forfeiture of the compensatory leave, whichever rate is higher. Compensatory leave will be paid upon termination at the higher of:          (A)   the average regular rate of pay received by the employee during the last three years of the employee’s employment with the city; or          (B)   the final regular rate of pay received by the employee.       (8)   A sworn employee of the fire department must use or be paid for all accrued compensatory leave before transferring to or from the emergency response bureau of the fire department or whenever the employee’s full-time regular work schedule is increased or reduced.       (9)   Authorized attendance incentive leave, vacation leave, holiday leave, leave with pay as defined by Section 34-29, compensatory leave, court leave pursuant to Section 34-26, mandatory city leave, military leave, and death-in-family leave will be counted as work time for purposes of computing overtime or compensatory leave.       (10)   Call backs. A nonexempt sworn employee of the fire department who is called back to work and reports back to work outside of the employee’s scheduled work hours must be paid a minimum of two hours worked, if the call back does not merge with the employee’s scheduled start time.       (11)   A sworn employee of the fire department may, with prior approval from the fire chief or a designated representative, trade time with another sworn employee. Trade time is not considered as work time in determining overtime, but trading time is subject to the Fair Labor Standards Act, as amended. (Ord. Nos. 19340; 22195; 24873; 24930; 25142; 25389; 28024; 30216) SEC. 34-20.   EXEMPT EMPLOYEES.    (a)   Pay. An exempt employee is paid on a weekly salary basis regardless of the number of hours worked, unless an absence is taken when the employee has no remaining paid leave balances or when the employee is on furlough leave. In rare instances, and with the approval of the city manager, an exempt employee may receive additional compensation for overtime worked.    (b)   Absence. Pursuant to the principles of public accountability and depending upon the reason for the absence, an absence of an exempt employee may be charged to administrative leave, sick leave, vacation leave, compensatory leave, furlough leave, mandatory city leave, family leave, court leave, death- in-family leave, military leave, or leave without pay.    (c)   Prorated salary. If part of a week is taken as leave without pay, a proportionate part of the weekly salary will be paid to an exempt employee for the hours worked or charged to paid leave. A proportionate part of the weekly salary will be paid to an exempt employee for the part of the week worked in the initial or terminal week of employment.    (d)   Emergency work. As appropriate, during emergencies, such as a declaration of local state of disaster, and subject to the approval of the department director, an employee may be temporarily required to perform work outside of the employee's normal job duties. In such situations, the employee will not lose their exempt status. (Ord. Nos. 19340; 19473; 20075; 22195; 24873; 26182; 28024; 31745) SEC. 34-21.   DISTRIBUTION OF PAY CHECKS.    (a)   Administration. The city controller is responsible for proper distribution of pay checks. Any discrepancy in a pay check resulting in overpayment or otherwise should be brought to the attention of the employee's supervisor. The employee shall also report the discrepancy to the city controller payroll section.    (b)   Payday. Friday is the official payday of the city.    (c)   Pay information for the appropriate payroll will be made available electronically to employees immediately after payroll processing is completed. This electronic information is provided in lieu of paper pay stubs and may be accessed from any computer with internet access. If necessary, signature pay checks will be released on or about 2:00 p.m. Friday by the city controller to authorized departmental personnel or directly to payee employees. (Ord. Nos. 19340; 22296; 22318; 24873; 28024; 31745) ARTICLE III. LEAVE POLICIES. SEC. 34-21.1.   GENERAL.    The provisions of this article may be modified by a city council ordinance or resolution adopting a meet and confer or collective bargaining agreement. If any provision of this article conflicts with a provision of a meet and confer or collective bargaining agreement adopted by the city council, the provision of the meet and confer or collective bargaining agreement will prevail. (Ord. 28024) SEC. 34-22.   SICK LEAVE.    (a)   Eligibility. Every permanent employee accrues and may use sick leave upon initial appointment.    (b)   Reappointments. A person reappointed as a city employee under conditions described in Section 34-10(a)(1) or (a)(2) retrieves sick leave credit accumulated before the person's previous termination from city employment and is entitled to both accrue and use sick leave after reappointment.    (c)   Sworn employee's sick leave eligibility.       (1)   A sworn employee of the police or fire department may take 30 sick leave days each calendar year. This amount shall not exceed 360 hours for a sworn employee in the emergency response bureau of the fire department and 240 hours for every other sworn employee of the police or fire department.       (2)   Any sick leave days taken in excess of the number that, under Subsection (d), can be accrued during a year will be subtracted from the employee's accrued sick leave balance.    (d)   Accrual. Every permanent employee accrues sick leave each year as follows:       (1)   A sworn employee in the emergency response bureau of the fire department accrues six hours each bi-weekly pay period, to a maximum of 144 hours annually.       (2)   A sworn employee in the communications bureau of the fire department accrues four hours each bi-weekly pay period, to a maximum of 96 hours annually.       (3)   Every other bi-weekly paid employee accrues five percent of hours paid up to 80 in each bi-weekly pay period, to a maximum of 96 hours annually.       (4)   Every weekly paid employee accrues five percent of hours paid up to 40 in each weekly pay period, to a maximum of 96 hours annually.    (e)   Maximum accrual. The maximum sick leave that may be accrued is 2,160 hours for a sworn employee in the emergency response bureau of the fire department and 1,440 hours for any other employee. When an employee's accrued sick leave reaches the maximum number of hours, the accrual ceases until the employee takes sick leave hours.    (f)   Computation of sick leave taken. An absence charged to sick leave will be for the number of hours in the standard work day and will not include overtime whether scheduled or not. An absence charged to sick leave for a sworn employee of the emergency response bureau of the fire department will be made on the basis of 24 hours for each scheduled work shift.    (g)   Sick leave usage. Sick leave may only be granted or taken when:       (1)   an employee is incapacitated for the performance of duties due to an illness, surgical procedure, or off-job injury;       (2)   a medical, dental, or optical examination or treatment is necessary, provided that prior approval of the supervisor is obtained;       (3)   an employee is incapacitated by or recovering from pregnancy, miscarriage, abortion, or childbirth;       (4)   it is necessary to care for an immediate family member who is ill or incapacitated;       (5)   an employee has been exposed to a contagious disease, meaning one that would warrant quarantine by a health officer, and the employee's presence on the job would jeopardize the health of others;       (6)   it is allowed under the city's wage supplementation plan; or       (7)   it is allowed under the city's administrative directives governing the administration of the Family and Medical Leave Act.    (h)   Notice of unexpected absence.       (1)   Notice of absence due to an illness, injury, or any other unexpected reason must be given in the following manner:          (A)   Every employee, except one covered by Paragraph (1)(B) of this subsection, must give notice to the employee's supervisor from within two hours before to within 30 minutes after starting time, depending upon departmental procedures. The supervisor may require the employee to report on each succeeding day of absence.          (B)   An employee in a department with a 24-hour, seven-day work schedule must give notice to the employee's supervisor at least one hour before reporting time on the first day of the absence and, if required by the supervisor, on each succeeding day of absence.       (2)   Failure to give the notice required in this subsection may result in the employee being declared absent without leave and subject to disciplinary action.    (i)   Physician's statement. Upon request by a supervisor, a department director, or the director of human resources, an employee may be required to:       (1)   furnish a statement from an attending physician demonstrating the existence of circumstances described in Subsection (g)(1), (2), (3), (4), or (5) of this section; or       (2)   submit to a physical or mental examination by a health care provider (including but not limited to a physician or psychologist) selected by the city.    (j)   Refusal to return from sick leave. An employee who is released by the treating physician to return to regular or limited duty and who refuses to report for work or perform assigned duties is subject to disciplinary action.    (k)   Holidays. If an official holiday occurs during a period of illness, an employee will be charged for the holiday instead of for sick leave.    (l)   Illness during vacation. If an employee becomes ill while taking vacation leave, the period of illness may be charged as sick leave and the charge against vacation leave will be reduced accordingly. A request for this substitution must be made within two days after the employee's return to work and must be supported by a medical statement.    (m)   Sick leave during suspension. An employee on suspension forfeits use and accrual of sick leave for the duration of the suspension. Upon completion of the suspension, the employee must either physically return to work or, if ill, submit an approved doctor's statement justifying inability to return to work before sick leave credit and accrual may be restored.    (n)   Sick leave during leave without pay. An employee on leave without pay forfeits use and accrual of sick leave for the duration of the leave without pay, except to the extent that the leave without pay is authorized by the City's Family and Medical Leave provisions. Upon completion of the leave without pay, the employee must either physically return to work or, if ill, submit an approved doctor's statement justifying inability to return to work before sick leave credit and accrual may be restored.    (o)   Military service. Sick leave for an employee performing duties in the military service is governed by Section 34-30 of this chapter and administrative directives established pursuant to that section.    (p)   Sick leave adjustment for changes in work schedules. A sworn employee of the fire department will have any sick leave balance adjusted proportionately to reflect differences in work schedules when:       (1)   the employee transfers to or from the emergency response bureau of the fire department; or       (2)   the employee's full-time regular work schedule is increased or decreased.    (q)   Use of vacation leave when sick leave is exhausted. If an employee's sick leave balance is exhausted, the employee may use available vacation leave in cases of illness or injury.    (r)   Advance sick leave. The director of a department may approve a request for advance sick leave for an employee who has completed three consecutive years of city employment and accumulated a minimum of 96 hours of sick leave prior to the occurrence of the condition for which the advance sick leave is needed. The employee shall provide an anticipated return to work date when making the request. The maximum advance of sick leave that may be granted may not exceed 120 hours for a sworn employee in the emergency response bureau of the fire department or 80 hours for any other employee. A request for advance sick leave will not be approved until all expendable paid leave is exhausted and the employee has no outstanding balance of previously-granted advance sick leave. If an employee who is indebted for unearned sick leave terminates, the employee shall refund the amount paid for the period of the advanced sick leave. No refund is required in cases of death or retirement for disability.    (s)   Lump sum payment of sick leave.       (1)   Retirement or 20 years' service. An employee shall be granted lump sum payment of sick leave remaining to the employee's credit in any amount that does not exceed 1,080 hours for a sworn employee in the emergency response bureau of the fire department or 720 hours for any other employee when the employee:          (A)   retires from city employment and is immediately eligible to receive retirement payments; or          (B)   terminates for any reason with 20 or more years of continuous full-time service, including:             (i)   any continuous full-time service retrieved under Section 34-10(a) of this chapter; and             (ii)   any credited service purchased for retirement purposes under Section 40A-14 of this code after a termination resulting from a reduction in force.       (2)   Disability. Any employee who is placed on a disability pension shall be granted lump sum payment of any sick leave remaining to the employee's credit in any amount that does not exceed 1,080 hours for a sworn employee in the emergency response bureau of the fire department and 720 hours for any other employee. The appropriate pension board will determine the date of permanent disability. Use of sick leave will be discontinued and lump sum payment made effective on that date.       (3)   Death. If an employee dies, the total accumulated sick leave in any amount that does not exceed 1,080 hours for a sworn employee in the emergency response bureau of the fire department and 720 hours for any other employee shall be computed with the final settlement of the employee's wages and paid in a lump sum to the employee's beneficiary or estate.       (4)   Computation. Lump sum payment of sick leave is computed by multiplying the number of hours of sick leave to which an employee is entitled by the employee's regular rate of pay on the date of termination. An employee who elects to receive lump sum payment of sick leave upon termination and who is later reemployed with the city may not receive another lump sum payment of sick leave.       (5)   Eligibility. An employee hired or rehired by the city on or after October 1, 2003 is not eligible for any lump sum payment of sick leave under this subsection.    (t)   Family leave. An employee who is eligible for family leave under Section 34-24.1(b) may be required to deduct hours from the employee's sick leave balance to cover all or part of any absence from work for a family leave purpose described in Section 34-24.1(c).    (u)   Discretionary sick leave for new third-tier executive and above. In addition to sick leave accrual authorized in Subsection (d) of this section, the city manager may, beginning on the person's employment start date, approve up to 80 hours of sick leave for a person hired into a third-tier executive position and above. This subsection does not apply to a city employee who is promoted into a third-tier executive position and above.    (v)   Department rules. Departments that implement rules regarding employee attendance must do so with review and input by the Department of Human Resources and the City Attorney's Office.    (w)   Sick leave to be used first. Accrued sick leave balances must be used first for sick leave purposes before other types of accrued leave balances can be used. (Ord. Nos. 19340; 19932; 22026; 22195; 22296; 22318; 24873; 24930; 25386; 28024; 28425; 29480; 29883; 30657; 31745) SEC. 34-22.1.   MEDICAL TESTING.    (a)   An employee may be required to submit to drug and/or alcohol testing. Specific procedures regarding drug and/or alcohol testing are outlined in the administrative directives of the city.    (b)   An employee may be required to submit to a physical and/or mental examination by a city- selected health care provider, including, but not limited to, a physician or psychologist, in order to evaluate the employee’s current mental or physical status as it relates to the ability to perform the employee’s job duties. (Ord. 24873) SEC. 34-22.2.   QUARANTINE LEAVE.    (a)   Eligibility. A sworn member of the fire department or police department, or an emergency medical technician or detention officer as defined in this section, who is ordered to quarantine or isolate by the employee's supervisor or the city's health authority due to a possible or known exposure to a communicable disease while on duty, is eligible to receive paid quarantine leave for the duration of the ordered quarantine or isolation.    (b)   Definitions. In this section:       (1)   DETENTION OFFICER means an individual employed by the city, and whose job responsibilities include the care and custody of individuals incarcerated in the city's municipal jail.       (2)   EMERGENCY MEDICAL TECHNICIAN means an individual who is employed by the city and certified as an emergency medical technician in accordance with Chapter 773 of the Texas Health and Safety Code.       (3)   HEALTH AUTHORITY means a physician appointed by the city to administer state and local laws relating to public health within the city's jurisdiction.    (c)   Entitlements. Eligible employees under this section who are required to quarantine or isolate by their supervisor or the city's health authority due to a possible or known exposure to a communicable disease while on duty are entitled to receive:       (1)   all employment benefits and compensation, including leave accrual, pension benefits, and health benefit plan benefits provided by the city; and       (2)   if applicable, reimbursement for reasonable costs related to the quarantine, including lodging, medical, and transportation costs.    (d)   Effect on leave balances. The city will not reduce an eligible employee's sick leave balance, vacation leave balance, holiday leave balance, or other paid leave balance in connection with paid quarantine leave taken in accordance with this section.    (e)   Reimbursements. An employee may be required to provide receipts or proof of payment with a request for reimbursement of expenses and may be denied reimbursement for any expenses that the city deems unreasonable or unrelated to quarantine. (Ord. 32035) SEC. 34-22.3.   MENTAL HEALTH LEAVE.    (a)   Eligibility.       (1)   An employee who experiences a traumatic event while on duty is eligible to receive paid mental health leave if the need for mental health leave is verified by a licensed psychiatrist or psychologist. Paid mental health leave is allowed as follows:          (A)   up to 60 hours for sworn employees in the emergency response bureau of the fire department; and          (B)   up to 40 hours for all other employees.       (2)   In this section, TRAUMATIC EVENT means actual or threatened death, serious injury, or physical abuse, either of one's self or of another, during the employee's scope of employment that is outside the typical experiences of the employee's routine work environment and causes the employee to experience unusually strong emotional reactions or feelings that have the potential to cause lasting adverse effects on their functioning and mental, physical, social, or emotional well-being. A traumatic event does not include routine work-related events or incidents, personality conflicts, or disagreements between or among supervisors or co-workers.       (3)   City departments may develop additional departmental rules to carry out the provisions of this policy, subject to the approval of the director of the human resources department and the city attorney's office.    (b)   Confidentiality. The city will keep requests for mental health leave and any medical information related to mental health leave in accordance with this section confidential to the extent allowed by law and separate from the employee's personnel or departmental file. The city cannot guarantee confidentiality of information that is otherwise public or necessary to carry out the city's obligations under the law.    (c)   Effect on leave balances. The city will not reduce an eligible employee's sick leave, vacation leave, holiday, or other paid leave balance for mental health leave taken in accordance with this section. (Ord. Nos. 32035; 32158) SEC. 34-22.4.    COMPASSIONATE LEAVE.    (a)   Purpose. Compassionate leave is intended for employees with a serious medical condition or injury that prevents the employee from performing any type of work and, due to the employee's medical condition, it is anticipated that the employee will not be able to return to work.    (b)   Eligibility. An employee who has exhausted all accrued leave balances, has completed a minimum of one year of city employment, and accumulated a minimum of 40 hours of sick leave at any time prior to the occurrence of the condition for which the compassionate leave is requested.    (c)   Maximum leave allowed. For employees who are approved for compassionate leave, the maximum amount of compassionate leave that may be awarded is 348 hours for a sworn employee in the emergency response bureau of the fire department, and 232 hours for any other employee. An employee may only be awarded compassionate leave once.    (d)   Required approval. An employee's request for compassionate leave must be approved by the employee's department director and the director of human resources. Specific procedures and requirements for the administration of compassionate leave are outlined in the administrative directives of the city. (Ord. 32035) SEC. 34-23.   VACATION LEAVE.    (a)   Eligibility. Every permanent employee accrues vacation leave during the initial six months of city employment. Except for a newly hired third-tier executive and above who has been granted discretionary vacation leave pursuant to Subsection (r) of this section, vacation leave may not be used until the initial six months of employment are completed. All vacation leave is forfeited if the employee terminates employment before completing the initial six months of employment.    (b)   Reappointments. A person reappointed under conditions described in Section 34-10(a)(1) or (a)(2) accrues vacation leave at a rate determined by the number of years of continuous full-time service retrieved and may both accrue and use vacation leave during the initial six months of employment after reappointment.    (c)   Accrual. Vacation leave accrues as follows:       (1)   Every permanent employee with less than five years of service accumulates vacation leave as follows:          (A)   A sworn employee in the emergency response bureau of the fire department accrues nine hours each bi-weekly pay period, to a maximum of 180 hours annually.          (B)   A sworn employee in the communications bureau of the fire department accrues six hours each bi-weekly pay period, to a maximum of 120 hours annually.          (C)   A sworn employee of the police department accrues 7.5 percent of hours paid up to 80 in each bi-weekly pay period, to a maximum of 120 hours annually.          (D)   Every other bi-weekly paid employee accrues 6.5 percent of hours paid up to 80 in each bi-weekly pay period, to a maximum of 104 hours annually.          (E)   A weekly paid employee accrues 6.5 percent of hours paid up to 40 in each weekly pay period, to a maximum of 104 hours annually.       (2)   Every permanent employee with five years of service but less than nine years of service accumulates vacation leave as follows:          (A)   A sworn employee in the emergency response bureau of the fire department accrues 10.2 hours each bi-weekly pay period, to a maximum of 204 hours annually.          (B)   A sworn employee in the communications bureau of the fire department accrues 6.8 hours each bi-weekly pay period, to a maximum of 136 hours annually.          (C)   A sworn employee of the police department accrues 8.5 percent of hours paid up to 80 in each bi-weekly pay period, to a maximum of 136 hours annually.          (D)   Every other bi-weekly paid employee accrues 7.5 percent of hours paid up to 80 in each bi-weekly pay period, to a maximum of 120 hours annually.          (E)   A weekly paid employee accrues 7.5 percent of hours paid up to 40 in each weekly pay period, to a maximum of 120 hours annually.       (3)   Every permanent employee with nine years of service but less than 15 years of service accumulates vacation leave as follows:          (A)   A sworn employee in the emergency response bureau of the fire department accrues 10.8 hours each bi-weekly pay period, to a maximum of 216 hours annually.          (B)   A sworn employee in the communications bureau of the fire department accrues 7.2 hours each bi-weekly pay period, to a maximum of 144 hours annually.          (C)   Every other bi-weekly paid employee accrues nine percent of hours paid up to 80 in each bi-weekly pay period, to a maximum of 144 hours annually.          (D)   A weekly paid employee accrues nine percent of hours paid up to 40 in each weekly pay period, to a maximum of 144 hours annually.       (4)   Every permanent employee with 15 years of service but less than 19 years of service accumulates vacation leave as follows:          (A)   A sworn employee in the emergency response bureau of the fire department accrues 12 hours each bi-weekly pay period, to a maximum of 240 hours annually.          (B)   A sworn employee in the communications bureau of the fire department accrues eight hours each bi-weekly pay period, to a maximum of 160 hours annually.          (C)   Every other bi-weekly paid employee accrues 10 percent of hours paid up to 80 in each bi-weekly pay period, to a maximum of 160 hours annually.          (D)   A weekly paid employee accrues 10 percent of hours paid up to 40 in each weekly pay period, to a maximum of 160 hours annually.       (5)   Every permanent employee with 19 or more years of service accumulates vacation leave as follows:          (A)   A sworn employee in the emergency response bureau of the fire department accrues 13.8 hours each bi-weekly pay period, to a maximum of 276 hours annually.          (B)   A sworn employee in communication bureau of the fire department accrues 9.2 hours each bi-weekly pay period, to a maximum of 184 hours annually.          (C)   Every other bi-weekly paid employee accrues 11.5 percent of hours paid up to 80 in each bi-weekly pay period, to a maximum of 184 hours annually.          (D)   A weekly paid employee accrues 11.5 percent of hours paid up to 40 in each weekly pay period, to a maximum of 184 hours annually.    (d)   Maximum accumulation.       (1)   Except as provided in this subsection, an employee may accumulate vacation leave up to an amount equal to the employee's vacation leave entitlement for a two-year period. When accumulated vacation leave reaches the maximum allowed, the accrual ceases until vacation leave is taken.       (2)   During a local state of disaster declared by the city, employees who are prohibited by their department from taking vacation leave due to the local state of disaster may continue to accrue vacation leave beyond the maximum allowed for the duration of the local state of disaster. Any vacation leave accrued beyond the maximum allowed during a local state of disaster will be forfeited if not used within one year after the expiration of the local state of disaster.    (e)   Acceleration and increased accrual limits. Upon the date of an employee's 5th, 9th, 15th and 19th service anniversary:       (1)   accrual of vacation leave will be accelerated; and       (2)   annual accrual limits of vacation leave will be increased.    (f)   Incentive programs. In addition to vacation leave earned under this section, an employee may earn vacation leave under incentive programs approved by the city manager and adopted by the city council.    (g)   Vacation usage. Vacation use is based on the employee's regular work day and the number of hours the employee would have worked that day. If the employee is assigned to a standard work week, no more than 40 hours paid leave may be charged in one work week. If the employee is assigned to an approved alternate work schedule, the hours charged in one work week as paid leave may not exceed the maximum hours contained in the alternate work week during which the leave was taken. This subsection does not apply to sworn fire department shift personnel.    (h)   Selection of vacation time. A supervisor may grant vacation leave at a time during the year that will best serve the public interest. Preference may be given to an employee on the basis of length of service.    (i)   Holidays. If an official holiday occurs during vacation leave, an employee will be charged for holiday leave instead of vacation leave. This subsection does not apply to a sworn employee of the emergency response bureau or communications bureau of the fire department who is assigned to a 12-hour or 24-hour work shift.    (j)   Death in family. An appropriate extension of death-in-family leave may be given for a death in an employee's family occurring while the employee is taking vacation leave.    (k)   Vacation leave during suspension. An employee on suspension forfeits use and accrual of vacation leave for the duration of the suspension. Upon completion of the suspension, the employee must either physically return to work or, if ill, submit an approved doctor's statement justifying inability to return to work before vacation leave credit and accrual may be restored.    (l)   Vacation leave during leave without pay. An employee on leave without pay forfeits use and accrual of vacation leave for the duration of the leave without pay, except to the extent that the leave without pay is authorized by the City's Family and Medical Leave provisions. Upon completion of the leave without pay, the employee must either physically return to work or, if ill, submit an approved doctor's statement justifying inability to return to work before vacation leave credit and accrual may be restored.    (m)   Vacation leave in conjunction with leave without pay. Prior departmental approval must be obtained for any period of leave without pay taken in conjunction with a normal vacation. Favorable consideration will be given only to exceptional reasons.    (n)   Pay in lieu of vacation leave. Vacation leave is provided for the specific purpose of allowing an employee a period of rest and recreation, and the practice of "selling" vacation leave is contrary to this purpose. Pay in lieu of vacation leave may only be granted in cases of extreme emergency and must be approved by the city council or city manager.    (o)   Lump sum payment of vacation leave.       (1)   Payment upon termination. An employee who terminates employment after the initial six months of employment shall be paid for vacation leave accrued but not taken.       (2)   Retirement. An employee who retires will be paid in a lump sum for the period of vacation leave due the employee.       (3)   Discharge. A discharged employee who has completed the initial six months of city employment will be paid for all accrued vacation leave in a lump sum at the end of the next complete pay period following the date of discharge. No credit will be given for a holiday that may have fallen within the vacation period had the vacation period been extended on the payroll.       (4)   Death. Vacation leave accrued to the credit of an employee who dies will automatically be paid in a lump sum. Holidays occurring after the date of death will not be paid. Upon instructions from the city attorney's office, monies due the deceased employee will be delivered to the employee's beneficiary or estate.       (5)   Computation. Lump sum payment of vacation leave is computed by multiplying the number of hours of vacation leave to which an employee is entitled by the employee's regular rate of pay on the date of termination from city employment.    (p)   Vacation leave adjustment for changes in work schedules. A sworn employee of the fire department will have any vacation leave balance adjusted proportionately to reflect differences in work schedules when:       (1)   the employee transfers to or from the emergency response bureau of the fire department; or       (2)   the employee's full-time regular work schedule is increased or decreased.    (q)   Family leave. An employee who is eligible for family leave under Section 34-24.1(b) may be required to deduct hours from the employee's vacation leave balance to cover all or part of any absence from work for a family leave purpose described in Section 34-24.1(c).    (r)   Discretionary vacation leave for new third-tier executive and above. In addition to vacation leave accrual authorized in Subsection (c) of this section, the city manager may, beginning on the person's employment start date, approve up to 80 hours of vacation leave for a person hired into a third-tier executive position and above. An employee forfeits any leave granted under this subsection if his or her employment terminates within the first six months. This subsection does not apply to a city employee who is promoted into a third- tier executive position and above. (Ord. Nos. 19340; 19473; 19932; 22195; 22296; 22318; 24873; 24930; 28024; 29480; 29883; 30657; 31745) SEC. 34-24.   COMPENSATORY LEAVE.    (a)   Eligibility. An exempt employee (other than the city manager, the first assistant city manager, an assistant city manager, a department director, an assistant department director, other managerial personnel designated by the city council, or an exempt employee of the city attorney's office or the city auditor's office) who works overtime one full hour or more in a pay period may earn compensatory leave. A nonexempt employee (other than a sworn employee of the police or fire department) may not accrue compensatory leave but will be paid overtime for any overtime hours worked.    (b)   Accrual. Compensatory leave is accrued in half hour increments for each half hour worked over 80 hours in a pay period, up to a maximum balance of 80 hours.    (c)   Reportingandrecords. Compensatory leave must be reported biweekly. As with any payroll transaction, the recording of compensatory time may be subject to audit.    (d)   Maximum balance. An employee’s compensatory leave balance may not exceed 80 hours at any time. Hours accrued in excess of this maximum amount will be immediately forfeited. An exempt employee may not be paid for accrued compensatory hours.    (e)   This section does not apply to an exempt sworn employee of the fire department below the rank of deputy chief. (Ord. Nos. 19340; 20075; 22195; 24873; 24930; 29480; 31745) SEC. 34-24.1.   FAMILY AND MEDICAL LEAVE.    (a)   Federal regulations. The terms used in this section that are not defined in Section 34-4 of this chapter have the meanings given them in the Family and Medical Leave Act and Part 825, Title 29 of the Code of Federal Regulations, as amended. All interpretations and applications of this section must be made in compliance with the minimum requirements of the Family and Medical Leave Act and Part 825, Title 29 of the Code of Federal Regulations, as amended. If any provision of this section conflicts with a provision of the federal law governing family and medical leave, the federal law prevails.    (b)   Eligibility. Every employee is eligible for family and medical leave if the employee has:       (1)   been employed by the city for at least 12 months; and       (2)   worked at least 1,250 hours during the 12-month period immediately preceding the commencement of family and medical leave.    (c)   When family and medical leave may be taken. An eligible employee may take family and medical leave only in the following circumstances:          (A)   for the birth of the employee's son or daughter or to care for the child after its birth;          (B)   for the placement of a son or daughter with the employee for adoption or foster care or to care for the child after placement;          (C)   to care for a spouse, son, daughter, or parent of the employee, if the spouse, son, daughter, or parent has a serious health condition;          (D)   for a serious health condition that makes the employee unable to perform the functions of the employee's position;          (E)   for any qualifying exigency arising out of the fact that the employee's spouse, son, daughter, or parent is a covered military member who is on active duty or has been notified of an impending call or order to active duty in support of a contingency operation; or          (F)   to care for a covered service member with a serious injury or illness if the employee is the spouse, son, daughter, parent, or next of kin of the service member.    (d)   Administration of family and medical leave. Specific procedures and requirements for the administration of the Family and Medical Leave Act are outlined in the administrative directives of the city. No procedure or requirement adopted by administrative directive may conflict with the Family and Medical Leave Act or Part 825, Title 29 of the Code of Federal Regulations, as amended.    (e)   Disciplinary action. Disciplinary action, up to and including discharge from city employment, may be taken against an employee who:       (1)   falsifies or misrepresents any facts in order to obtain family and medical leave; or       (2)   shares confidential medical information relating to a request for family and medical leave with any person not authorized to receive the information. (Ord. Nos. 22195; 24873; 28024; 29320; 31745) SEC. 34-24.2.   PAID PARENTAL LEAVE.    On or after January 1, 2022, a maximum of six weeks of paid parental leave is available to employees following the birth of the employee's child or to care for the child after birth, or for the placement of a child with the employee for adoption or foster care or to care for the child after placement. Specific procedures and requirements for the administration of paid parental leave are outlined in the administrative directives of the city. (Ord. 32035) SEC. 34-25.   HOLIDAYS.    (a)   Days designated.       (1)   The following official holidays will be observed:          (A)   New Year's Day (January 1);          (B)   Martin Luther King's Birthday (third Monday in January);          (C)   President's Day (third Monday in February);          (D)   Memorial Day (last Monday in May);          (E)   Juneteenth (June 19th);          (F)   Independence Day (July 4);          (G)   Labor Day/Cesar E. Chavez Day (first Monday in September);          (H)   Indigenous People's Day (second Monday in October);          (I)   Veterans Day (November 11th);          (J)   Thanksgiving Day (fourth Thursday in November);          (K)   Day after Thanksgiving/ September 11th Remembrance Day; and          (L)   Christmas Day (December 25).       (2)   Additional holidays may be granted by ordinance or resolution of the city council at the recommendation of the city manager.    (b)   Holiday pay. Paid holidays are extended to every permanent employee and to every temporary employee as described in Section 34-8 (a). A full-time permanent or temporary employee receives holiday pay equal to the employee's standard work day. A part-time permanent or temporary employee receives holiday pay prorated on the basis of the average number of paid hours credited to the employee in the four payroll weeks preceding the holiday. For the purpose of calculating overtime, holidays are included as hours worked.    (c)   Fire department. A sworn employee in the emergency response bureau of the fire department will receive the equivalent of 12 holidays a year in accordance with departmental regulations.    (d)   Weekend holidays. When an official holiday falls on a weekend, the following alternative schedule applies:       (1)   A holiday that falls on a Saturday will be taken the Friday before the holiday.       (2)   A holiday that falls on a Sunday will be taken the Monday after the holiday.    (e)   Worked holidays. In a department in which employees regularly work on holidays, the department shall arrange schedules to allow each employee who works on the holiday a substitute holiday either before or after the holiday, but within a reasonable period of time. If the department cannot arrange a substitute holiday, the employee will be paid for hours equal to the employee’s standard workday. This subsection does not apply to sworn fire department shift personnel.    (f)   Loss of holiday pay. An employee will not receive pay for a holiday if the employee is:       (1)   on unapproved leave without pay either the day before or the day following an official holiday;       (2)   on unapproved leave without pay on a holiday on which the employee is normally scheduled to work; or       (3)   on approved leave without pay the day before and the day following an official holiday, except to the extent the leave is authorized by the City’s Family and Medical Leave provisions.    (g)   Holiday during vacation or sick leave. When an official holiday occurs during an employee's vacation leave or sick leave, the employee will be paid for the holiday and no deduction from the employee's vacation or sick leave balance will be made for the holiday.    (h)   Holiday during injury leave. Any employee who is on injury leave when a holiday occurs will be paid workers' compensation and will be paid for the holiday up to the number of hours needed to supplement the employee's pay. If the employee is on wage supplementation, no wage supplementation payments will be received for the holiday. No compensation will be provided for unused holiday time.    (i)   Holiday during other leave. An employee on military leave, court leave, or death- in-family leave when a holiday occurs may take the holiday at a subsequent date convenient to the department.    (j)   Death or discharge. Since final settlement of monies due an employee separated from the payroll because of death or discharge is paid in a lump sum, no holiday occurring after the date of death or discharge will be included in the determination of the settlement. (Ord. Nos. 19340; 24622; 24873; 28024; 28794; 29480; 32005; 32342) SEC. 34-26.   COURT LEAVE.    (a)   Eligibility. Court leave is a privilege extended to every permanent employee.    (b)   When granted. An employee shall be granted court leave when:       (1)   summoned for jury duty; or       (2)   subpoenaed to appear as a witness.    (c)   Personal litigation. An employee may not be granted court leave when the employee is involved in personal litigation, except as permitted under Subsection (b) of this section.    (d)   Notice to supervisor. The employee must notify the employee’s supervisor upon receipt of a summons or subpoena for which court leave is requested.    (e)   Fees. All fees paid and expenses reimbursed by the court may be retained by the employee, provided that the city did not furnish travel, meals, lodging, or miscellaneous expenses.    (f)   Standard work day credit. An employee on court leave is credited with a standard work day on the payroll. No allowance will be made for overtime the employee might have earned if the employee had worked.    (g)   Return to work. When an employee on court leave is excused by proper court authority, the employee shall report back to the employee’s place of employment when as much as two hours working time remains. (Ord. Nos. 19340; 24873) SEC. 34-27.   DEATH-IN-FAMILY LEAVE.    (a)   Eligibility. An allowance of three work days with pay is extended to every permanent employee when a member of the employee's immediate family dies.    (b)   Other than immediate family. Death of a relative not included in the immediate family may be considered individually and up to three days leave time allotted as the circumstances warrant.    (c)   Multiple deaths. If multiple deaths occur within a family simultaneously, special exceptions to the normal allowance of three days may be made by the department director. (Ord. Nos. 19340; 24873; 29480; 31745) SEC. 34-28.   LEAVE WITHOUT PAY.    (a)   Eligibility. Leave without pay is granted as a matter of administrative discretion. No employee may demand leave without pay as a matter of right, but it may be granted to any employee.    (b)   When granted. An employee may be granted leave without pay for the following reasons:       (1)   To participate in training that would result in increased job ability.       (2)   To achieve an educational level necessary to advancement in the city.       (3)   To perform a service that will contribute to the public welfare.       (4)   To recover from an illness or disability, not believed to be of a permanent or disqualifying nature, for which sick leave and wage supplementation benefits have been exhausted or are not available.       (5)   When return to work would threaten the health of others.       (6)   To provide necessary care for a family member who is ill or incapacitated.       (7)   For an excused absence during the initial six months of employment.       (8)   For an excused, but noncompensable, absence of less than a day for a nonexempt employee.       (9)   To permit vacation.       (10)   To perform duties in the military service as authorized by Section 34-30 of this chapter and administrative directives established pursuant to that section.       (11)   To take family and medical leave.       (12)   At the discretion of the department director, as other circumstances may warrant granting leave without pay.    (c)   Allowable length of leave.       (1)   An employee’s department director may authorize leave without pay for a period not to exceed six consecutive calendar weeks. Leave without pay in excess of six consecutive calendar weeks must be requested by the department director and approved by the director of human resources. The city manager must approve leave without pay in excess of 13 consecutive calendar weeks.       (2)   Notwithstanding Paragraph (1) of this subsection, leave without pay for an employee performing duties in the military service is governed by Section 34-30 of this chapter and administrative directives established pursuant to that section.    (d)   Service credit.       (1)   An employee who is on leave without pay from work for more than six consecutive calendar weeks loses service credit for that period in excess of the six calendar weeks, except to the extent that the leave without pay is authorized by the City’s Family and Medical Leave provisions.       (2)   Notwithstanding Paragraph (1) of this subsection, service credit for an employee performing duties in the military service is governed by Section 34- 40 of this chapter and administrative directives established pursuant to that section.    (e)   Accrued leave. An employee granted leave without pay forfeits use and accrual of sick leave, vacation leave, holiday leave, death-in-family leave, and court leave, except to the extent that the leave without pay is authorized by federal or state law.    (f)   Termination. An employee granted leave without pay must physically return to work to retrieve sick leave credit, but will be paid for any vacation leave balance due if the employee terminates. Payment of the vacation leave balance will be at the pay rate in effect at the beginning of the leave without pay. (Ord. Nos. 19340; 19473; 20716; 22026; 22195; 24873; 29480; 31745) SEC. 34-29.   LEAVE WITH PAY (EXCUSED ABSENCE).    (a)   Discretionary. Certain authorized absences not provided for under regular leave policies fall within the category of administrative discretion. This leave with pay is referred to as administrative leave and is recorded as such in payroll records.    (b)   When granted. A department director may administratively excuse an employee for the time necessary:       (1)   to take a civil service examination;       (2)   to take a physical examination required by the city;       (3)   to make an oral appeal before the civil service board, accident review board, or any other board or committee (except the city council) whose function may affect the employee’s work status;       (4)   to vote in a city, state, or national election;       (5)   for urgent personal reasons; or       (6)   for other circumstances at the department director’s discretion.    (c)   Pending disciplinary action. An employee charged with a violation of a city, state, or federal law, rule, or policy, which if proven would justify formal disciplinary action, may be placed on leave with pay pending the outcome of any investigation to determine the exact nature and extent of the violation and pending the imposition of any disciplinary action taken for the violation. Formal disciplinary action includes reprimand, suspension, demotion, or discharge. (Ord. Nos. 19340; 24873) SEC. 34-30.   MILITARY SERVICE/MILITARY LEAVE.    (a)   Federal and state regulations. The terms used in this section, and in other provisions of the city’s military service/military leave policy, that are not defined in this chapter have the meanings given them in the Uniformed Services Employment and Reemployment Rights Act; Chapter 431 of the Texas Government Code, as amended; and Chapter 613 of the Texas Government Code, as amended. All interpretations and applications of this section and other provisions of the city’s military service/military leave policy must be made in compliance with the minimum requirements of those federal and state laws. If any provision of this section or of any other provision of the city’s military service/military leave policy conflicts with a provision of the federal or state law governing military service and military leave, the federal or state law prevails.    (b)   Nondiscrimination. The city does not discriminate with regard to hiring, reemployment, retention, promotion, or any benefit of employment because of an applicant’s or employee’s membership, application for membership, or performance of duty in the military service.    (c)   Military leave. The city will grant military leave to city employees in compliance with the Uniformed Services Employment and Reemployment Rights Act, as amended, and Chapters 437 and 613 of the Texas Government Code, as amended. No procedure or requirement adopted by administrative directive may conflict with the Uniformed Services Employment and Reemployment Rights Act, as amended, or with Chapters 437 or 613 of the Texas Government Code, as amended.    (d)   Responsibility. Responsibility for administering the city’s military service/military leave policy rests with:       (1)   the department director and the civil service board for an employee in a classified position;       (2)   the department director and the director of human resources for an employee in an unclassified position; and       (3)   the department director for an employee in a non-civil service position. (Ord. Nos. 19340; 22195; 22296; 22318; 24873; 30657; 31745) SEC. 34-31.   INJURY LEAVE.    (a)   After the first day, time off from work for disability or medical treatment for an injury occurring while the employee was in the course of employment with the city may be charged to injury leave.    (b)   Disciplinary action against an employee should be delayed until the employee returns from injury leave, unless the disciplinary action is for a criminal offense committed by the employee.    (c)   Merit increases may not be granted while an employee is on injury leave whether or not the employee is receiving wage supplementation payments. (Ord. 25389) SEC. 34-31.1.   MANDATORY CITY LEAVE.    (a)   Eligibility. In a fiscal year in which mandatory city leave is authorized, every permanent employee will receive a bank of paid leave in accordance with policies approved by city council ordinance or resolution. This leave will be provided to and may be used by all permanent employees, including those in the initial six months of city employment.    (b)   Carry-over provisions. Mandatory city leave must be used in the fiscal year in which it is established. Any mandatory city leave that is not used by the end of the fiscal year will be forfeited, and no compensation will be provided for the unused leave.    (c)   Mandatory city leave usage. Mandatory city leave use is based on an employee’s regular work day and the number of hours the employee would have worked that day. For the purpose of calculating overtime, mandatory city leave hours are included as hours worked.    (d)   Increments. With departmental approval, a city employee may take mandatory city leave in one-hour increments.    (e)   Official mandatory city leave days.       (1)   Official mandatory city leave days established. At the recommendation of the city manager, the city council may, by ordinance or resolution, establish fixed official mandatory city leave days when city offices are officially closed. Except as specifically provided otherwise in this subsection, an employee must use mandatory city leave on these days.       (2)   Worked official mandatory city leave days. In a department in which employees regularly work on an official mandatory city leave day, the department shall arrange schedules to allow each employee who works on an official mandatory city leave day a substitute day either before or after the official mandatory city leave day, but within a reasonable period of time. This subsection does not apply to sworn fire department shift personnel.       (3)   Official mandatory city leave day during vacation or sick leave. When an official mandatory city leave day occurs during an employee’s vacation leave or sick leave, the employee will be charged for mandatory city leave and no deduction from the employee’s vacation or sick leave balance will be made for the official mandatory city leave day.       (4)   Official mandatory city leave day during injury leave. Any employee who is on injury leave when an official mandatory city leave day occurs will be paid workers’ compensation and will be charged for mandatory city leave up to the number of hours needed to supplement the employee’s pay. If the employee is on wage supplementation, no wage supplementation payments will be received for the official mandatory city leave day. Any unused mandatory city leave hours may be taken on a subsequent date convenient to the department.       (5)   Official mandatory city leave day during other leave. An employee on military leave, court leave, or death-in-family leave when an official mandatory city leave day occurs may take the mandatory city leave on a subsequent date convenient to the department.       (6)   Official mandatory city leave during suspension. An employee on suspension when an official mandatory city leave day occurs will not be paid for the official mandatory city leave day but may take the mandatory city leave on a subsequent date convenient to the department.       (7)   Official mandatory city leave during leave without pay. An employee on leave without pay when an official mandatory city leave day occurs may take the mandatory city leave on a subsequent date convenient to the department.    (f)   Floating mandatory city leave days.       (1)   At the recommendation of the city manager, the city council may, by ordinance or resolution, establish floating mandatory city leave days that may be used at an employee’s discretion with a supervisor’s approval. These days are in addition to any official mandatory city leave days established for the fiscal year.       (2)   A supervisor may grant floating mandatory city leave at a time during the year that will best serve the public interest. Preference may be given to an employee on the basis of length of service.       (3)   An employee on injury leave who is not receiving wage supplementation may use mandatory city leave like other paid leave to supplement the employee’s pay.    (g)   Lump sum payment of mandatory city leave. No payment will be provided for unused mandatory city leave when an employee terminates employment, regardless of the reason for the termination.    (h)   Mandatory city leave adjustment for changes in work schedules. A sworn employee of the fire department will have any mandatory city leave balance adjusted proportionately to reflect differences in work schedules when:       (1)   the employee transfers to or from the emergency response bureau of the fire department; or       (2)   the employee’s full-time regular work schedule is increased or decreased.    (i)   Family leave. An employee who is eligible for family leave under Section 34-24.1(b) may be required to deduct hours from the employee’s mandatory city leave balance to cover all or part of any absence from work for a family leave purpose described in Section 34-24.1(c). (Ord. 28024) ARTICLE IV. BENEFITS. SEC. 34-32.   HEALTH BENEFIT PLANS.    (a)   The city extends participation in health benefit plans to every permanent full-time employee and to every city council member. Other classifications of employees are eligible to participate in the city's health benefit plans in accordance with federal law and as described in the applicable plan documents.    (b)   Eligibility, premium rates, and procedures for participation in the health benefit plans for active employees, retired employees, and city council members are defined in plan documents adopted by the city council and on file with the department of human resources. The city may change the health benefit plans at any time, subject to applicable law.    (c)   Notice of retirees' rights to purchase continued health benefits.       (1)   Under Chapter 175 of the Texas Local Government Code, as amended, a person who retires from the city and is entitled to receive city retirement benefits is entitled to purchase retiree health benefits coverage from the city for the retiree and any eligible dependents at the retiree's own cost.       (2)   The city may make retiree health benefits available to retirees and their eligible dependents under one or more separate plans, the terms and conditions of which may vary as the city specifies. Health benefits for employees who have separated from employment with the city will be made available through a plan available for retirees who are under the age of 65 (the "pre-65 plan") and through a separate plan available for retirees aged 65 or older (the "post-65 plan"). Eligibility to participate in any such plans, the coverage options available, the costs of enrollment and participation, and other terms, conditions, and limitations will be set forth from time to time in written documents that are consistent with this chapter.       (3)   To enroll in the city's retiree health benefits upon separation from employment, an employee who is not 65 years of age or older must be enrolled in the city's health benefit plan for active employees and must be eligible to receive an immediately-distributable pension benefit under the Employees' Retirement Fund or Dallas Police and Fire Pension System, in each case on the employee's separation date. An employee is not required to have commenced receipt of pension benefits in order to enroll in the city's pre-65 plan. An enrollment election for the city's pre-65 plan must be submitted to the city within 30 days of the separation date to be effective. An otherwise- eligible employee who fails to timely enroll in the city's retiree health benefits or who subsequently terminates coverage will not be eligible to reenroll thereafter except through the "come-back option" available under the city's post-65 plan.          (A)   In accordance with Chapter 615 of the Texas Government Code, as amended, the surviving spouse of a sworn employee of the police or fire department, who is killed in the line of duty, is entitled to purchase or continue to purchase health insurance benefits from the city and enroll in the pre-65 plan until the date the surviving spouse becomes eligible for federal Medicare benefits. The surviving spouse is entitled to obtain the coverage at the rate paid by current employees of the city.          (B)   A city employee whose employment ends as a result of disability that entitles the employee to a disability retirement under the applicable city pension plan may enroll in the pre-65 plan regardless of the employee's age.       (4)   To enroll in the city's retiree health benefits upon separation from employment, an employee who is aged 65 or older must be enrolled in the city's health benefit plans for active employees or the pre-65 plan on the employee's separation date and must timely enroll in Parts A and B of the Medicare program when initially eligible. To be effective, an enrollment election for the city's post-65 plan must be submitted to the city within 30 days of the date on which the employee initially satisfies the foregoing eligibility requirements. An otherwise-eligible employee who fails to timely enroll in the city's retiree health benefits or who subsequently terminates coverage will not be eligible to reenroll thereafter.       (5)   A retiree who is age 65 or older may enroll in the city's post-65 plan after separating from employment under the "come-back option" if, within 30 days of timely enrolling in the Medicare program, the retiree submits an enrollment request to the city, is eligible to receive an immediately- distributable pension benefit under the Employees' Retirement Fund or Dallas Police and Fire Pension System, and provides satisfactory evidence of continuous comprehensive health plan coverage for the 36-month period immediately preceding the enrollment request. An employee is not required to have commenced receipt of pension benefits in order to enroll in the city's retiree health benefit plan. A retiree who enrolls in the city's post-65 plan under the come-back option and subsequently terminates coverage will not be eligible to reenroll thereafter. The come-back option is available beginning with the 2022 calendar year benefits enrollment period to retirees who meet the eligibility criteria on or after the enrollment period begins.          (A)   A retiree's legally-recognized spouse may be enrolled in the post-65 plan under the come-back option at the same time as the retiree's enrollment, but no spousal enrollment independent of the retiree is permitted.          (B)   Only the spouse to whom the retiree was legally married at the time of separation of employment will be eligible for enrollment under the come-back option.       (6)   All costs of participation in the city's retiree health benefits will be paid solely by individual enrollees based on the coverage elected except that the city will subsidize 50 percent of the costs of coverage for a retiree (but not coverage for a spouse or any dependents) enrolled in the pre- 65 plan who was first hired by the city prior to January 1, 2010 until the earlier of:          (A)   the date on which the retiree voluntarily terminates coverage under the pre-65 plan;          (B)   the date on which the retiree enrolls in the city's post-65 plan; or          (C)   the date in which the retiree's eligibility to participate in the city's pre-65 plan otherwise ends.          (D)   No city-paid premium subsidy will be provided for any spousal or dependent coverage elected under the city's retiree health benefit plans. The employee's most recent date of hire or rehire with the city will be used for purposes of determining eligibility for the foregoing city subsidy.       (7)   The city will not subsidize any premium or cost associated with enrollment or participation in the Medicare program (including any premiums for Medicare Advantage coverage) by current or retired city employees or their dependents except that the city will pay the monthly premiums for coverage under Part A of the Medicare program for city employees:          (A)   whose original date of hire with the city was prior to April 1, 1986;          (B)   who are continuously enrolled in the Medicare program from their initial eligibility date;          (C)   for whom insufficient Medicare taxes were withheld during city employment to qualify for cost-free Part A coverage; and          (D)   who have been continuously enrolled in the city's health benefits plan for active employees, the pre-65 plan, or the post-65 plan, as applicable during city employment and following separation from employment.       (8)   The city will not subsidize any premium or cost under the city's retiree health benefit plans for:          (A)   any employee who is hired or rehired on or after January 1, 2010;          (B)   any dental or vision coverage;          (C)   any spousal or dependent coverage;          (D)   the come-back option;          (E)   enrollment in Part B of the Medicare program; or          (F)   any retiree aged 65 or older enrolled in a pre-65 plan. (Ord. Nos. 19340; 20088; 22026; 22296; 22318; 24873; 28024; 29883; 31745; 32004) SEC. 34-33.   LIFE INSURANCE.    (a)   Every permanent employee is a participant in the group life insurance program. The city will pay the full cost of the basic term life insurance coverage for a permanent full-time employee and one-half the cost for a permanent part-time employee.    (b)   An employee has the option to elect additional life insurance coverage. The employee shall pay the full cost of additional life insurance coverage. (Ord. Nos. 19340; 24873) SEC. 34-34.   RESERVED.    (Repealed by Ord. 24873) ARTICLE V. RULES OF CONDUCT. SEC. 34-35.   FAIR EMPLOYMENT PRACTICES.    (a)   City management may not discharge an individual, fail or refuse to hire an individual, or otherwise discriminate against an individual with respect to compensation, terms, conditions, or privileges of employment because of the individual's race, color, age, religion, sex, marital status, sexual orientation, gender identity and expression, genetic characteristics, national origin, disability, military or veteran status, political opinions, or affiliations, nor shall city management take retaliatory action against an employee who makes a protected complaint of discrimination based on these categories. Nothing in this subsection extends any employee benefits, including but not limited to paid or unpaid leave, medical benefits, or pension benefits, to any individual who is ineligible for those benefits under any other provision of this chapter, the city's master health plan, the employees' retirement fund program, or the police and fire pension system or under any other city ordinance or resolution or state or federal law.    (b)   City management may not limit, segregate, or classify employees or applicants for employment in a way that would deprive or tend to deprive an individual of employment opportunities or otherwise adversely affect an employee’s status because of the individual’s race, color, age, religion, sex, marital status, sexual orientation, gender identity and expression, genetic characteristics, national origin, disability, military or veteran status, political opinions, or affiliations. (Ord. Nos. 19340; 22195; 22296; 22318; 24873; 29480; 31745) SEC. 34-36.   RULES OF CONDUCT.    (a)   Performance standards.       (1)   Every employee is expected to consistently maintain satisfactory performance standards. Continuing performance deficiencies, unlike the isolated rule violations noted in Subsections (b) and (c) of this section, should first be addressed by the mutually cooperative efforts of the supervisor and the employee.       (2)   If performance standards are not met, the employee is subject to a formal disciplinary action of reprimand, suspension, demotion, or discharge. The specific action taken determines what, if any, appeal rights are available to the employee.    (b)   Unacceptable conduct. The following types of conduct are unacceptable and may be cause for corrective discipline in the form of reprimand, suspension, demotion, or discharge depending upon the facts and circumstances of each case. The examples given are typical but not all-inclusive.       (1)   Unsatisfactory attendance is exemplified by, but is not limited to, the following violations:          (A)   unexcused absence or tardiness;          (B)   failure to give notice of an absence or tardiness to the supervisor from within two hours before to within 30 minutes after starting time, as prescribed by departmental procedure;          (C)   excessive separate absences or tardiness;          (D)   absence or tardiness that causes service reduction or disruption; or          (E)   excessive amounts of time off the job, regardless of the reason.       (2)   Position abandonment occurs when an employee is absent from a position for three consecutive work days without authorization, or refuses an order to report to work. The employee is deemed to have abandoned the position and may be discharged.       (3)   Inability to come to work occurs when an employee is absent due to an extended illness or injury after sick leave and/or wage supplementation have been exhausted.       (4)   Inability or unwillingness to perform assigned work satisfactorily is exemplified by, but is not limited to, the following violations:          (A)   failure to follow written or verbal instructions;          (B)   arguing over assignments or instructions; or          (C)   other deficiencies indicating the employee’s failure to adequately perform the responsibilities of the position.       (5)   Indifference towards work is exemplified by, but is not limited to, the following violations:          (A)   inattention, inefficiency, loafing, sleeping, carelessness, or negligence;          (B)   failure to remain at one's work station, leaving work without permission, or taking excessive time for eating or break periods;          (C)   performance of personal business, including but not limited to use of work time to study or complete school assignments when school work is not part of the employee's work duties and excessive use of personal cell phones or other electronic devices while on duty;          (D)   interference with the work of others; or          (E)   discourteous or irresponsible treatment of the public or other employees.       (6)   Sabotage is exemplified by, but is not limited to, the following violations:          (A)   deliberate damage to or destruction of city equipment or property;          (B)   defacing of city property;          (C)   unauthorized alteration, removal, destruction, or disclosure of city records;          (D)   advocacy of or participation in unlawful trespass or seizure of city property;          (E)   encouraging or engaging in slowdowns, sit-ins, strikes, or other concerted actions or efforts to limit or restrict employees from working;          (F)   refusal to cross picket lines;          (G)   interference with the public use of or access to city services, properties, or buildings; or          (H)   threats to commit any act of sabotage as defined in this paragraph.       (7)   Safety violations are exemplified by, but are not limited to, the following violations:          (A)   failure to follow city or departmental safety rules and regulations;          (B)   failure to use required safety apparel;          (C)   removal or circumvention of a safety device;          (D)   lifting in an unsafe manner;          (E)   operation of a vehicle or other equipment in an unsafe manner;          (F)   smoking, including the use of tobacco products and e-cigarettes, in a prohibited area;          (G)   endangering of one's own safety or that of others by careless or irresponsible actions or negligence;          (H)   failure to report an on-the-job injury, vehicle accident, or unsafe work conditions;          (I)   failure of a supervisor to remove from the workplace or to assist to a safe location an employee whose mental capabilities are impaired due to injury, illness, alcohol or drug use, or emotional distress;          (J)   failing a city-required drug or alcohol test; or          (K)   texting or emailing while operating a motor vehicle on city business.       (8)   Dishonesty is exemplified by, but is not limited to, the following violations:          (A)   acceptance of money or anything of value from a person subject to the regulatory decision or supervision of the employee;          (B)   cheating, forging, or willful falsification of official city reports or records;          (C)   false reporting of the reason for paid leave of absence; or          (D)   any other falsifying action detrimental to the city or fellow employees.       (9)   Theft, regardless of item value, is exemplified by, but is not limited to, the following violations:          (A)   unauthorized taking of city property or the property of others, including items from the trash;          (B)   unauthorized use of city or employee funds;          (C)   using or authorizing the use of city equipment or employee services for other than official city business; or          (D)   using or authorizing the use of city equipment or employee services without proper authority.       (10)   Insubordination is exemplified by, but is not limited to, the following violations:          (A)   willful failure or refusal to follow the specific orders or instructions of a supervisor or higher authority; provided that:             (i)   if the employee believes an instruction or order is improper, the employee should obey the instruction or order and file a grievance later; or             (ii)   if the employee believes the instruction or order, if followed, would result in physical injury to the employee or others or damage to city equipment, the employee should request approval by the next higher level of supervision before performing the work, unless the danger complained about is inherent to the job;          (B)   pursuit of a denied request to a higher authority without revealing the lower level disposition; or          (C)   failure to submit to a drug and/or alcohol test when ordered to do so.       (11)   Abuse of drugs or alcohol.          (A)   Abuse of drugs or alcohol is exemplified by, but is not limited to, the following violations:             (i)   an employee is unable to perform duties in an effective and safe manner due to:                (aa)   ingestion, inhala-tion, or injection of a drug; or                (bb)   ingestion of an alcoholic beverage;             (ii)   an employee possesses, ingests, inhales, or injects into the employee’s body a drug:                (aa)   during working hours;                (bb)   in a city vehicle; or                (cc)   on city property;             (iii)   an employee possesses or ingests an alcoholic beverage:                (aa)   during working hours;                (bb)   in a city vehicle; or                (cc)   on city property, except at an authorized city event; or             (iv)   an employee tests positive on a drug or alcohol test.          (B)   In this paragraph:             (i)   “Drug” means a controlled substance as defined by Chapter 481 of the Texas Health and Safety Code.             (ii)   “Alcoholic beverage” means alcohol, or any beverage containing more than one-half of one percent of alcohol by volume, that is capable of use for beverage purposes, either alone or when diluted.          (C)   An employee or a city council member may be required to take a drug or alcohol test, administered in accordance with directives established by the city manager and reviewed by the city attorney, if there is reasonable suspicion that:             (i)   the employee or city council member has ingested, inhaled, or injected a drug into the employee’s or city council member’s body or ingested an alcoholic beverage; and             (ii)   the presence of the drug or alcoholic beverage in the body of the employee or city council member has made the employee or city council member unfit for work, compromised the performance of the job duties of the employee or city council member, or created a safety hazard.          (D)   An employee who is ordered to submit to a drug and/or alcohol test and refuses to do so, or submits a false specimen for testing, will be discharged for insubordination.          (E)   An employee who tests positive for drugs or alcohol may be discharged.       (12)   Disturbance is exemplified by, but is not limited to, the following violations:          (A)   fighting or boisterous conduct;          (B)   deliberate causing of physical injury to another employee or citizen;          (C)   intimidation, including but not limited to bullying and online harassment;          (D)   unnecessary disruption of the work area;          (E)   use of profane, obscene, abusive, threatening, or loud and boisterous language or gestures;          (F)   harassment, including but not limited to sexual harassment, or workplace violence as defined in the administrative directives of the city;          (G)   spreading of false reports; or          (H)   other disruption of the harmonious relations among employees or between employees and the public.       (13)   Abuse of city property.          (A)   Abuse of city property is exemplified by, but is not limited to, the following violations:             (i)   negligent damage or destruction of city equipment or property;             (ii)   waste of materials or negligent loss of tools or materials;             (iii)   improper maintenance of equipment; or             (iv)   damage caused by use of tools or equipment for purposes other than that for which the tool or equipment was intended.          (B)   In addition to being subject to appropriate disciplinary action, an employee shall be responsible for the repair or replacement of any item willfully or recklessly damaged by the employee. Failure to reimburse the city is cause for discharge.       (14)   Misconduct is any conduct or criminal offense, during or off working hours, that, on becoming public knowledge, could have an adverse effect on the city or on the confidence of the public in city government.       (15)   Disregard of public trust is any conduct, during or off working hours, that, on becoming public knowledge, could impair the public’s confidence or trust in the operation of city government.       (16)   Possession of weapons.          (A)   Possession of a weapon capable of causing serious bodily injury is prohibited on city property, unless specifically authorized and work related.          (B)   In this paragraph, a weapon capable of causing serious bodily injury means, but is not limited to:             (i)   any firearm;             (ii)   any prohibited knife, including but not limited to:                (aa)   a knife with a blade over five and one-half inches;                (bb)   a hand instrument designed to cut or stab another by being thrown;                (cc)   a dagger, including but not limited to a dirk, stiletto, or poniard;                (dd)   a bowie knife;                (ee)   a sword; and                (ff)   a spear;             (iii)   a switchblade knife;             (iv)   any club, including but not limited to:                (aa)   a blackjack;                (bb)   a nightstick;                (cc)   a mace; and                (dd)   a tomahawk;             (v)   any explosive weapon or device;             (vi)   a firearm silencer;             (vii)   knuckles;             (viii)    ammunition;             (ix)   a zip gun;             (x)   any chemical dispensing device;             (xi)   any caustic or corrosive liquid, such as acid or lye, capable of causing serious bodily harm; and             (xii)   a taser.          (C)   All other terms used in this paragraph have the meanings respectively given to them in the Texas Penal Code, as amended.          (D)   An employee’s personal belongings located on city property may be searched if there is reasonable suspicion that the employee is in possession of a weapon capable of causing serious bodily injury on city property.          (E)   Small personal canisters of pepper spray are permitted.          (F)   Notwithstanding Paragraph (16)(A) of this subsection, an employee who holds a license to carry a concealed handgun, or who otherwise lawfully possesses a firearm or ammunition, may possess the firearm or ammunition in a locked, privately-owned vehicle in a city parking lot, a city parking garage, or any other parking area provided by the city for its employees.          (G)   Every employee should refer to specific procedures, requirements, and definitions regarding possession of weapons that are additionally outlined in the administrative directives of the city.       (17)   Failure to maintain dress, grooming, and personal hygiene standards appropriate to the employee’s work situation.       (18)   Violation of an administrative directive of the city or a departmental rule or procedure.       (19)   Failure to report a violation is exemplified by, but not limited to, failure to report to the proper authority any known violation described in this subsection within 10 working days after obtaining knowledge of the violation.    (c)   Conflict of interest and undue political influence.       (1)   Conflict of interest rules. Conflict of interest rules prohibit activities that tend to compromise an employee’s allegiance to the city. These rules are set forth in Chapter 12A, “Code of Ethics,” of this code and in Section 11, Chapter XXII of the city charter.       (2)   Undue political influence in a city council election. To avoid undue influence of a city employee on the outcome of a Dallas city council election, and to avoid undue influence of city council members or candidates on a city employee, an employee or employee association shall comply with the regulations set forth in Chapter 12A, “Code of Ethics,” of this code, Section 16(b), Chapter XVI of the city charter, and any applicable court decisions.       (3)   Non-city council elections. In an election other than a Dallas city council election, an employee shall comply with the regulations set forth in Chapter 12A, “Code of Ethics,” of this code, Section 16(c), Chapter XVI of the city charter, and any applicable court decisions.    (d)   Disciplinary and legal actions. Where the evidence supports a violation of this section, disciplinary action may be taken independently of and prior to any legal action or conviction. (Ord. Nos. 19340; 20251; 22296; 22318; 24873; 28024; 28425; 28794; 31745) ARTICLE VI. DISCIPLINE, GRIEVANCE, AND APPEAL PROCEDURES. SEC. 34-37.   DISCIPLINE PROCEDURES.    (a)   Guidelines. The director of human resources is authorized and directed to promulgate guidelines and procedures, consistent with the city charter, ordinances, and civil service rules and regulations, as are reasonably necessary and appropriate to implement the rules of employee conduct and discipline contained in this chapter.    (b)   Departmental rules. Because of the variety of services performed by the city, it may be necessary for departments to establish codes of conduct, rules, orders, directives, and procedures to accomplish departmental responsibilities. An employee who violates a departmental code of conduct, rule, order, directive, or procedure is subject to disciplinary action. Departments may designate the level of supervisory or departmental authority at which disciplinary action may be taken or recommended. The provisions of this chapter and the procedures set forth in the administrative directives of the city take precedence over departmental rules.    (c)   Pending investigations. When an employee is suspected of a violation of a city, state, or federal law, rule, order, directive, procedure, or regulation that, if proven, would justify disciplinary action, an investigation may be conducted to determine the exact nature and extent of the alleged violation, and the employee may be placed on administrative leave with pay pending the outcome of the investigation and the imposition of disciplinary action.    (d)   Disciplinary action; procedures and notices.       (1)   Formal disciplinary action includes reprimand, suspension, demotion, or discharge. Removal from a position as a result of a reorganization or reduction in force is not a disciplinary action. Letters of counseling or advice are not considered to be disciplinary action but are meant for the purpose of advising the employee of:          (A)   deficiencies in the employee’s conduct or performance;          (B)   possible violations caused by the employee’s conduct or performance; or          (C)   ways in which the employee’s conduct or performance should be improved.       (2)   The procedure for a formal disciplinary action of reprimand, suspension, demotion, or discharge includes the following:          (A)   Written notice must be given to the employee stating:             (i)   the type of disciplinary action taken, i.e., reprimand, suspension, demotion, or discharge;             (ii)   the specific rule violated;             (iii)   the specific incident causing the action; and             (iv)   the employee’s right to appeal, if applicable, to a specific office within a specified time.          (B)   Before an action of demotion or discharge is taken, an employee who has an internal right of appeal to a civil service trial board or to an administrative law judge must be given an opportunity to respond to the allegations, both in writing and orally, before the person having authority to take the action.       (3)   The disciplinary procedures set forth in Paragraph (2) of this subsection do not apply to:          (A)   a department director, assistant department director, or other managerial personnel designated by the city council in accordance with Section 11, Chapter XVI of the city charter;          (B)   a permanent appointee who has not completed an initial probation, if applicable, as described in Section 34-11(d) of this chapter; or          (C)   a non-civil service employee.       (4)   A suspension imposed under this subsection may not exceed 45 working days for a single disciplinary action. Any employee who merits a suspension longer than 45 working days should be discharged. This subsection does not imply that a discharge that, upon appeal, has been reduced to a suspension cannot exceed 45 working days. (Ord. Nos. 19340; 19562; 21304; 22026; 24873; 26182; 28425) SEC. 34-38.   GRIEVANCE AND APPEAL PROCEDURES.    (a)   Applicability. This section applies to every permanent city employee except the following:       (1)   A department director, assistant department director, or other managerial personnel designated by the city council in accordance with Section 11, Chapter XVI of the city charter.       (2)   A non-civil service employee.    (b)   Purpose. The grievance and appeal procedures described in this section are provided for the purpose of giving an employee the opportunity to:       (1)   present a grievance concerning the employee's working conditions that the employee claims have been adversely affected by a violation, misinterpretation, or misapplication of a specific law, ordinance, resolution, policy, rule, or regulation;       (2)   appeal a disciplinary action; or       (3)   appeal a job performance rating or merit rating.    (c)   Terms and conditions.       (1)   An employee who may appeal a grievance or disciplinary action may have two levels of appeal hearings but no more than a total of four hearings. Appeals of demotions or terminations to the civil service trial board or an administrative law judge are counted as one level of appeal hearing.       (2)   A grievance or a disciplinary appeal may be heard during regularly scheduled working hours without loss of pay to the employee, provided the privilege is not abused.       (3)   Preparation of a grievance or a disciplinary appeal, except for seeking assistance from the department of human resources, is not permitted during the employee’s working hours.       (4)   A sworn member of the police department or fire department may appeal a grievance only through Step 3, except that the grievance may be appealed beyond Step 3 if it involves:          (A)   a claim of discrimination because of the employee’s race, color, age, religion, sex, sexual orientation, gender identity and expression, genetic characteristics, national origin, disability, or military or veteran status as it affects the employee’s training, promotion, advancement, or transfer; or          (B)   a claim relating to an interpretation or application of a civil service rule.       (5)   Except for the final step in appealing a demotion or discharge, a hearing under these procedures is an informal discussion held without the taking of a written record. During any appeal hearing, a participant may take written notes. An employee must be willing to discuss the evidence and answer questions concerning the grievance or appeal at each step. Failure to discuss the facts of the case at any informal level of these procedures will constitute withdrawal of the grievance or appeal and will cause the last decision rendered to become nonappealable.       (6)   An employee may seek assistance or representation in presenting a grievance or an appeal at any step. Guidance and assistance on the grievance or appeal procedures may be obtained from the department of human resources. If another employee is selected to provide assistance or representation on the grievance or appeal, that employee is not eligible for regular pay but may be released on vacation leave or leave without pay, depending upon departmental procedure. The supervisor may also obtain assistance or representation.       (7)   The days used to establish time limits in this section are working days. Time limits begin to run the working day following the incident, event, hearing, or notice. Unless otherwise provided, the time limits for grievance or appeal requests require that the grievance or appeal request actually be received within that time period by the office designated as the next step for the grievance or appeal.       (8)   Unless due to reasons beyond the employee’s control, if an employee fails to file a grievance or an appeal within the time limits prescribed in Subsection (f) of this section or fails to personally appear at a hearing, the matter will be considered as having been accepted and the last decision rendered will be nonappealable.       (9)   If the hearing of a grievance or an appeal is not held within 20 working days after the date the request is received (unless the hearing date is extended by mutual agreement or for extraordinary circumstances such as a death in the family or documented illness), the employee requesting the hearing may proceed to the next level of appeal. The city manager, park board, civil service board, trial board, and administrative law judge hearing processes are excluded from this time limitation.       (10)   If a disposition of a grievance or an appeal is not issued within the specified time limit, the employee may proceed to the next step, if applicable, by filing a grievance or appeal request to the next step within 20 working days after the date of the last hearing in the grievance or appeal process. If the employee fails to timely file a grievance or appeal request to the next step, the last disposition of the grievance or appeal is nonappealable.       (11)   Any time limit specified in the procedures under this section may be extended by mutual agreement.       (12)   A grievance filed against a department other than the employee’s own department must be brought to the director of the charged department and is initiated at Step 3 of these procedures. The charged department is responsible for keeping the employee’s own department informed of progress at each step of the grievance or appeal and for supplying the employee’s department with copies of the findings.       (13)   An employee who has not completed probation, when required, after appointment or reappointment to city employment may not file an appeal of a disciplinary action. An employee who has not completed probation, when required, after a promotion may not appeal a demotion.       (14)   An employee shall not be subject to retaliation for using the grievance or appeal procedures.       (15)   An appeal concerning a job performance rating or merit rating may not proceed beyond Step 3 unless the person issuing the job performance rating is a department director. In that case, the employee may appeal to an assistant city manager or, if the department reports to a board or commission, to a designated board or commission member. For purposes of this paragraph, "issuing" refers to the initial job performance rating.       (16)   An appeal of a reprimand may not proceed beyond Step 3 unless the person issuing the reprimand is a department director. In that case, the employee may appeal to an assistant city manager or, if the department reports to a board or commission, to a designated board or commission member. For purposes of this paragraph, "issuing" refers to the initial job performance rating.       (17)   The right to grieve ends if the employee terminates employment with the city.       (18)   An employee may not grieve a position classification.       (19)   The city vehicle collision appeal process will be administered in accordance with any applicable provisions of this chapter and with specific procedures and requirements outlined in the administrative directives of the city.       (20)   An employee who files a grievance and subsequently files an appeal of the disposition of that grievance shall submit a copy of the original grievance at all levels of appeal.       (21)   At every grievance appeal level, the hearing officer shall only hear matters contained in the original grievance.    (d)   Grievance. A grievance and request for a hearing must be submitted in writing and must contain the following information:       (1)   a brief explanation of the incident causing the grievance, including the date of occurrence;       (2)   a brief statement showing how the employee’s working conditions were adversely affected by the incident;       (3)   the specific violation, misinterpretation, or misapplication of the specific law, ordinance, resolution, policy, rule, or regulation of which the employee is complaining;       (4)   the remedy or solution sought; and       (5)   the signature of the aggrieved employee.    (e)   Disciplinary appeal. An appeal of a disciplinary action and request for a hearing must be submitted in writing to the person designated in the disciplinary notice, and must contain the following information:       (1)   the disciplinary action being appealed and the effective date of the disciplinary action;       (2)   the specific reason the discipline is judged to be unjust or otherwise in error;       (3)   the remedy or solution sought; and       (4)   the signature of the disciplined employee.    (f)   Grievance and appeal procedure steps:       (1)   Step 1. An employee who has a grievance shall, within 10 working days from the date of the occurrence that caused the grievance, or from the date the employee first had knowledge of the occurrence, request in writing a discussion of the grievance with the employee’s immediate supervisor. The employee must also send a copy of the grievance to the department of human resources. A careful review of the charges and evidence or of the action or omission will be conducted. The supervisor shall respond in writing to the employee, stating the disposition of the grievance, within 10 working days after the discussion. If the grievance alleges a violation of the administrative directives on harassment and/or workplace violence and the immediate supervisor is a direct party in the alleged incident, the employee may file the grievance with the next higher level of supervision above the immediate supervisor. This step does not apply to the appeal of a disciplinary action.       (2)   Step 2. If a grievance is not resolved or the employee wishes to appeal a disciplinary action to Step 2, the employee must, within 10 working days after receipt of the supervisor’s written disposition of a grievance or of the disciplinary notice, submit a written request for a hearing to the person designated to hear the grievance or appeal at this level. A hearing shall be conducted within a reasonable time of receipt of the request and a written disposition issued within 10 working days after the date of the hearing. At the discretion of the department director, this step may be completely omitted or may be modified to require two separate hearings before different mid-managers in the department.       (3)   Step 3. If a grievance or an appeal is not resolved and the employee wishes to proceed to Step 3, the employee must, within 10 working days after receipt of the disposition in the previous step, submit a written request for a hearing to the department director. A hearing must be conducted within a reasonable time after receipt of the request, and a written disposition must be issued within 10 working days after the hearing.       (4)   Step 4.          (A)   If a grievance or an appeal is still not resolved and the employee wishes to proceed to Step 4, the employee must, within 10 working days after receipt of the disposition in the previous step or of the disciplinary notice, submit a written request for a hearing to the designated assistant city manager or, in the case of a sworn member of the police department appealing a discharge, to the city manager, in care of the director of human resources of the city. A hearing must be conducted within a reasonable time after receipt of the request, and a knowledgeable representative of the department must be present and, in the case of a sworn member of the police department appealing a discharge, the police chief must also be present and will be represented by a representative of the city attorney. At the hearing, the assistant city manager or, in the case of a sworn member of the police department appealing a discharge, the city manager may, at his or her discretion, allow witnesses on behalf of the employee and the city. A written disposition must be issued within 10 working days after the hearing. If the employee introduces new and relevant evidence in a timely manner at this step, the assistant city manager or the city manager, whichever is applicable, may recess the hearing for 10 working days to give the department an opportunity to assess the evidence and re-examine its position.          (B)   The assistant city manager or, in the case of a sworn member of the police department appealing a discharge, the city manager may either affirm the action of the department director or the director’s designee, set aside the action of the department director or the director’s designee, or direct the department director or the director’s designee to enter a new order that the assistant city manager or the city manager, whichever is applicable, determines is just and equitable. Notwithstanding any other provision of this code or the city charter, the assistant city manager or the city manager, whichever is applicable, is not limited in determining the extent of any discipline ordered.    (g)   Exception to Step 4 procedure. An employee of the employees’ retirement fund or the police and fire pension system shall bring a grievance or an appeal respectively to the employees’ retirement fund board or the police and fire pension board instead of to an assistant city manager in Step 4 of these procedures. Step 4 does not apply to an employee of the city auditor’s, city secretary’s, or civil service office.    (h)   Step 4 procedure for suspensions. When an employee requests a Step 4 hearing for the appeal of a suspension before a designated assistant city manager, the employees’ retirement fund board, or the police and fire pension board, whichever is applicable, the following procedures apply in addition to those prescribed in Subsection (f)(4) of this section, except that the employees’ retirement fund board and the police and fire pension board may adopt procedures in lieu of those set forth in this subsection to be followed in hearings before their boards:       (1)   At the hearing, the assistant city manager, the employees’ retirement fund board, or the police and fire pension board, whichever is applicable, shall hear witnesses on behalf of the employee and the city and shall allow the introduction of documentary evidence.       (2)   In accordance with Section 18, Chapter III of the city charter, the assistant city manager, the employees’ retirement fund board, and the police and fire pension board are granted the power to compel the attendance of witnesses and the production of testimony and evidence, administer oaths, and punish for contempt in the same manner as provided by law for judges of the municipal court. At the request of an appealing employee or the city, the assistant city manager, the chair of the employees’ retirement fund board, or the chair of the police and fire pension board, whichever is applicable, shall issue subpoenas for the attendance of witnesses and the production of records at the hearing.       (3)   The city or the appealing employee must deliver a written request for a subpoena to the assistant city manager, the chair of the employees’ retirement fund board, or the chair of the police and fire pension board, whichever is applicable, at least 10 working days before the hearing. The request for a subpoena must contain:          (A)   the name of the witness;          (B)   the address of the witness;          (C)   if the witness is a city employee, the name of the employee’s department; and          (D)   the specific identification of books, papers, documents, or other tangible things sought to be subpoenaed.       (4)   The party requesting a subpoena shall notify the subpoenaed witness of postponements, rescheduling, and appearance times.       (5)   A subpoena for an active city employee may be served through the director of the employee's department. The assistant city manager assigned to the appeal hearing should forward subpoenas for non-city employees to the Dallas City Marshal for service on the witness. A witness served with a subpoena who fails to appear at the hearing or fails to produce requested evidence may be punished for contempt.       (6)   The disposition of a suspension appeal by the assistant city manager, the employees’ retirement fund board, or the police and fire pension board, whichever is applicable, is nonappealable.    (i)   Final decision.       (1)   The disposition of a grievance or an appeal by the assistant city manager, city manager, employees' retirement fund board, secretary of the civil service board, city auditor, or city secretary is nonappealable, except when the grievance or appeal involved a:          (A)   claim of discrimination because of an employee's race, color, age, religion, sex, sexual orientation, gender identity and expression, genetic characteristics, national origin, disability, or military or veteran status as it affects the employee's training, promotion, advancement, or transfer, which may be appealed to the civil service board;          (B)   civil service rule challenge, which may be appealed to the civil service board; or          (C)   demotion or discharge, which may be appealed to the trial board or an administrative law judge, unless provided otherwise in the city charter.       (2)   The disposition of a grievance or an appeal by the police and fire pension board is nonappealable, except when the grievance or appeal involved:          (A)   a claim of discrimination because of an employee’s race, color, age, religion, sex, sexual orientation, gender identity and expression, genetic characteristics, national origin, disability, or military or veteran status as it affects the employee’s training, promotion, advancement, or transfer, which may be appealed to the civil service board; or          (B)   a civil service rule challenge, which may be appealed to the civil service board.    (j)   Nothing in this section conveys upon, implies, or intends to imply that an employee has a property interest in continued employment or a contract of employment with the city based on any right to grieve or appeal provided by this section or on the nondiscrimination policy stated in Section 34-35 of this chapter. Nothing in this section or in the nondiscrimination policy creates any right or remedy under any law or limits any existing right or remedy provided under any law.    (k)   For purposes of this section only, a reference to an assistant city manager also refers to a non-sworn managerial chief designated by the city manager, including, without limitation, chief of economic development and housing, chief of community services, and chief of staff to the city manager. (Ord. Nos. 19340; 19562; 21674; 22026; 22195; 22296; 22318; 24873; 24930; 25389; 26182; 26693; 28024; 29480; 30657; 31745) SEC. 34-39.   APPEALS TO THE CIVIL SERVICE BOARD.    (a)   General provisions, applicability, jurisdiction, and quorum.       (1)   To the extent that a rule adopted by the civil service board and approved by the city council conflicts with a provision of this chapter, this chapter prevails.       (2)   In this section:          (A)   BOARD means the civil service board of the city.          (B)   SECRETARY means the secretary of the civil service board.       (3)   This section does not apply to:          (A)   a department director, an assistant department director, or other managerial personnel designated by the city council in accordance with Section 11, Chapter XVI of the city charter;          (B)   a non-civil service employee; or          (C)   applicants for employment.       (4)   The civil service board has jurisdiction to hear the following matters:          (A)   A grievance of a current employee that is not settled at the final grievance and appeal procedure step and that involves a claim of discrimination because of an employee’s race, color, age, religion, sex, sexual orientation, gender identity and expression, genetic characteristics, national origin, disability, or military or veteran status as it affects the employee’s training, promotion, advancement, or transfer, but only if the request for a grievance hearing:             (i)   is filed in writing with the civil service board secretary within 10 working days after the date of the employee’s receipt of the letter of the last disposition of the grievance;             (ii)   contains the following information:                (aa)   a brief explanation of the incident causing the complaint, including the date of occurrence;                (bb)   a brief statement showing how the incident harmed the employee;                (cc)   the type of discrimination alleged;                (dd)   the remedy sought;                (ee)   the signature of the employee; and                (ff)   a certificate showing the date of service to the secretary; and             (iii)   has a copy of the original grievance attached to the request.          (B)   A grievance that is not settled at the final grievance and appeal procedure step and that involves an interpretation or application of a civil service rule, but only if the request for a grievance hearing:             (i)   is filed in writing with the secretary within 10 working days after the date of the employee’s receipt of the letter of the last disposition of the grievance; and             (ii)   contains the following information:                (aa)   a brief explanation of the incident causing the complaint, including the date of occurrence;                (bb)   a brief statement showing how the incident harmed the employee;                (cc)   the provision of the civil service board’s code of rules and regulations that is in question;                (dd)   the remedy sought;                (ee)   the signature of the employee; and                (ff)   a certificate showing the date of service to the secretary; and             (iii)   has a copy of the original grievance attached to the request.       (5)   The civil service board does not have jurisdiction to hear:          (A)   a grievance of an individual whose employment with the city has terminated, even if the original grievance was filed when the individual was a city employee; and          (B)   a grievance on a matter that was not included in the original grievance filed by an employee.       (6)   Any four members of the civil service board constitute a quorum for purposes of conducting any meeting or hearing under this section. All decisions or actions of the board under this section must be made by a majority of the board members present at a meeting or hearing.    (b)   Prehearing deadlines.       (1)   To the fullest extent possible, within fifteen working days after the date of service of the request to the secretary of the civil service board, as shown on the certificate attached to the request under Subsection 34-39(a)(4)(A), 34-39(a)(4)(B), or 34-39(a)(4)(C), the secretary shall do the following:          (A)   Set a hearing before the civil service board within 60 to 90 calendar days after receipt of the request by the secretary; however, the secretary of the civil service board may, with the approval of the civil service board chair, schedule a hearing outside of 60 to 90 calendar days from the date of the request.          (B)   Prepare a “statement of questions,” which must be styled, “Matter of (name of employee)” and include the following language:             (i)   If the grievance involves a claim of discrimination, the statement of questions must read “Did the employee establish, by a preponderance of the evidence, the existence of discrimination based on the employee’s (choose appropriate category - race, color, age, religion, sex, sexual orientation, gender identity and expression, genetic characteristics, national origin, disability, or military or veteran status) as it affects the employee’s (choose appropriate category - training, promotion, advancement, or transfer)?”             (ii)   If the grievance involves a claim of misinterpretation or misapplication of a board rule, the statement of questions must specify each rule alleged to have been violated.             (iii)   The statement of questions may not include any issue not included in the original grievance.          (C)   Transmit to each party notice of the hearing and the statement of questions.       (2)   Objections.          (A)   Within 10 working days after the date of service as shown on the certificate of service on the statement of questions, the parties shall file any objections to the statement of questions with the secretary.          (B)   Within five working days after the date of service as shown on the certificate of service on the objections, a response may be filed.          (C)   Objections may be resolved at the hearing immediately before evidence is accepted.       (3)   Continuances.          (A)   At least 15 working days before a hearing or two working days after a party learns of the facts requiring a continuance, whichever date is earlier, a motion for continuance of the hearing may be filed.          (B)   Within five working days after the date of service as shown on the certificate of service on the motion for continuance, a response may be filed.          (C)   Other than in cases in which the parties agree to abate a hearing to await the final adjudication of underlying criminal charges, the parties may agree to a continuance, in which case, the hearing will be continued for up to 60 calendar days. Agreed continuances in excess of 180 days from the date of the original setting of the hearing must be approved by the civil service board chair, or his or her designee who shall be a member of the civil service board.          (D)   If the parties do not agree to a continuance, the continuance may be granted by a majority of the board members present at a meeting or hearing at which the motion for continuance is considered.       (4)   Exchange of information. At least 10 working days before the hearing, each party shall:          (A)   exchange witness lists;          (B)   exchange exhibits;          (C)   stipulate to undisputed facts;          (D)   stipulate to the admissibility of exhibits; and          (E)   file with the secretary a position statement that must include a:             (i)   statement of the party’s position on the issues in the statement of questions;             (ii)   designation of undisputed facts;             (iii)   list of witnesses and the estimated time required for the direct examination of each witness; and             (iv)   list of exhibits.       (5)   Request for subpoenas. At least 30 working days before the hearing, each party may file with the secretary a request for subpoena of witnesses and documents, in accordance with the following:          (A)   The request for subpoena of witnesses and documents must include:             (i)   the name and address of each witness to be subpoenaed;             (ii)   if a witness is a city employee, the name of the employee’s department; and             (iii)   if documents are being subpoenaed, the specific identification of books, papers, documents, or other tangible things sought to be subpoenaed.          (B)   The party requesting the subpoena shall notify the subpoenaed witness of postponements, rescheduling, and appearance times.          (C)   The board has the power to compel the attendance of witnesses and the production of testimony and evidence, to administer oaths, and to punish for contempt in the same manner as provided for municipal judges.          (D) Either party may object to a subpoena request within seven working days after receiving notice of the subpoena request. Objections to subpoenas must be in writing, submitted to the secretary, and copied to the opposing party, who has three working days after receipt of the objections to respond in writing to the substantive reasons for the objection.          (E)   The secretary shall forward the written objections and the response to the objections, if any, to the civil service board chair for resolution. If the civil service board chair is unavailable, the objections must be ruled upon by his or her designee, who shall be a member of the civil service board.          (F)   Once the scope of the subpoena is determined by the civil service board chair, or if no objections are filed, each party shall organize and number the responsive information (“the released documents”) before turning it over to the secretary. The released documents must be provided within an amount of time determined by the civil service board chair or, if no objections are filed, in an amount of time determined by the secretary. The secretary shall provide a complete copy of the released documents to both parties of the hearing, at the expense of the party who issued the subpoena for the documents.          (G)   The individual picking up the released documents must sign for the produced information. The requesting party has three working days to submit, in writing, any objections to the completeness of the released documents. The producing party has three working days to respond, in writing, to the substantive reasons for the requesting party’s objections. The secretary shall maintain one complete copy of the released documents, to allow the civil service board chair to fully assess and rule on any objections to the completeness of compliance with the subpoena.          (H)   The secretary shall forward the objections and any response to the objections to the civil service board chair for resolution. If the civil service board chair is unavailable, the objections will be ruled upon by his or her designee, who shall be a member of the civil service board.          (I)   Decisions rendered by the civil service board chair (or his or her designee, if applicable) regarding subpoenas or responsive information are final and are not subject to further appeal.          (J)   After all decisions have been rendered by the civil service board chair regarding the scope of documents to be released pursuant to a subpoena, the secretary shall provide a complete copy of the released documents to both parties of the hearing, at the expense of the party who issued the subpoena for the documents.       (6)   Challenge of board members.          (A)   At least 10 working days before the hearing, a motion to challenge a board member may be filed with the secretary and served upon all parties.          (B)   Within five working days after the date of service as shown on the certificate of service on the motion to challenge a board member, a response may be filed.          (C)   A challenge may not be made after the hearing begins, unless the challenge is based on a board member’s:              (i)   ineligibility to hear the matter; or              (ii)   conduct during the hearing.          (D)   If the challenged member does not voluntarily withdraw, the board, by a majority vote, not counting the vote of the challenged member, may remove the member.       (7)   Service of subpoenas.          (A)   At least five working days before the hearing, the secretary shall cause all subpoenas to be personally served.          (B)   The secretary shall designate a person to deliver the subpoenas and that person shall sign each subpoena stating that the witness was served.          (C)   The subpoena of an active city employee may be served through the director of the employee’s department.       (8)   Computation of time.          (A)   In computing any period of time prescribed in this section, the day of the act or event from which the designated period of time begins to run is not included.          (B)   The last day of the time period is included, unless it is a Saturday, Sunday, or official holiday observed by the city, in which event the period runs until 5:15 p.m. of the next day that is not a Saturday, Sunday, or official holiday observed by the city.          (C)   Except as otherwise specified, time periods will be calculated based on calendar days.    (c)   Hearings.       (1)   Any four members of the board constitute a quorum for a hearing under this section. The board chair (or, in the chair’s absence, the vice chair or longest serving board member present) shall preside at any hearing and make rulings regarding evidence or procedure. Upon motion of any board member, the board, by majority vote, may overrule or modify any ruling by the chair.       (2)   The employee has the burden of establishing, by a preponderance of the evidence, that the city discriminated against the employee or misapplied or misinterpreted a rule as alleged.       (3)   If the board, by majority vote, determines, by a preponderance of the evidence, that the city discriminated against the employee or misapplied or misinterpreted a rule as alleged, the board shall direct such relief as it deems just and equitable.       (4)   The appealing employee:          (A)   may request the hearing or deliberations, which are usually open to the public, to be closed; and          (B)   may not be compensated for time away from the employee’s city position while attending a hearing, unless so ordered by the board.       (5)   The board may exclude:          (A)   redundant, irrelevant, or cumulative evidence;          (B)   evidence that is not competent or properly authenticated;          (C)   any exhibit not previously exchanged; and          (D)   the testimony of a witness not previously identified as a witness.       (6)   The secretary shall maintain a record of the hearing and shall, at the city’s expense, appoint a court reporter to make a record of the hearing.       (7)   The board shall release city employee witnesses as soon as possible to return to city business.       (8)   Placing witnesses under the rule.          (A)   Upon request by either party, the witnesses on both sides shall be sworn and removed from the hearing room so they cannot hear the testimony as delivered by any other witness in the case.          (B)   Witnesses shall be instructed that they are not to converse with each other or with any other person about the case, other than the attorneys in the case.       (9)   After the parties have rested, the board may request a party to produce additional evidence as the board deems necessary to decide the issues before it.    (d)   Disposition.       (1)   Dismissal. A grievance or any part of a grievance must be dismissed for, but not limited to, any of the following reasons:          (A)   The appealing employee fails to appear in person at the hearing, unless:             (i)   good cause for the failure to appear is shown; and             (ii)   the city would not be unduly prejudiced if the grievance is not dismissed.          (B)   The appealing employee fails to introduce sufficient evidence to prove the alleged discrimination or misapplication or misinterpretation of a rule.          (C)   The board cannot grant the relief that the appealing employee has requested.          (D)   The board lacks jurisdiction.       (2)   Board orders.          (A)   The disposition of a grievance must be reduced to writing by the secretary and transmitted to the parties within three working days after the board has announced its ruling. This writing is the order of the board.          (B)   The order is final unless a motion for rehearing is filed within 10 working days after the date on the written order.       (3)   Relief. The board may grant the prevailing party relief that is just and equitable as is consistent with the city charter and other applicable law.       (4)   Costs. The board may not authorize payment of attorney’s fees, expenses, or costs or provide payment of damages beyond payment of salary and benefits that would have ordinarily been paid to the appealing employee.    (e)   Post-hearing deadlines.       (1)   Within 10 working days after the date on the written order, a motion for rehearing may be filed by either party.       (2)   A motion for rehearing may be granted by the board only if the order:          (A)   exceeds the board’s authority;          (B)   contains provisions im-permissible under applicable law;          (C)   is unclear; or          (D)   incorrectly states the dis-position of the matter.    (f)   Other matters.       (1)   If a court of law rules on an issue involved in the grievance, the board’s order must conform with the court’s ruling or must be vacated in deference to the court’s ruling, whichever is applicable.       (2)   The board may order, with the consent of the parties, that any matters having common issues of fact be consolidated.       (3)   No party or party representative shall communicate with any board member regarding the issues involved in the grievance except at the hearing.       (4)   The board, by majority vote, may seek advice regarding its jurisdiction or the nature and extent of its authority from the city attorney.       (5)   A party may be heard through a representative if that representative is designated:          (A)   in writing filed with the secretary and served on all parties;          (B)   on the record at the hearing before evidence is accepted; or          (C)   through the signature of the representative on any paper filed with the secretary on behalf of the party.       (6)   The secretary shall ensure that the board receives any materials filed by the parties.       (7)   Any paper served by a party on the secretary must include a certificate showing service to all other parties.       (8)   Service upon the city must be accomplished by serving the assistant city attorney assigned to the hearing.       (9)   Nothing in this section may be construed to authorize the practice of law except as permitted by the Supreme Court of Texas.       (10)   By presenting to the board (whether by signing, submitting, or later advocating) a request for a hearing, a complaint, a written or oral motion, or any other document, the party is certifying that it is acting in good faith.    (g)   Nothing in this section conveys upon, implies, or intends to imply that an employee has a property interest in continued employment or a contract of employment with the city based on any right to grieve or appeal provided by this section or on the nondiscrimination policy stated in Section 34-35 of this chapter. Nothing in this section or in the nondiscrimination policy creates any right or remedy under any law or limits any existing right or remedy provided under any law. (Ord. Nos. 19340; 20988; 22195; 24873; 24930; 25051; 26182; 28024; 29480) SEC. 34-40.   APPEALS TO THE TRIAL BOARD OR ADMINISTRATIVE LAW JUDGE.    (a)   General provisions, applicability, and jurisdiction.       (1)   To the extent that a rule adopted by the civil service board, civil service trial boards, or administrative law judges and approved by the city council conflicts with a provision of this chapter, this chapter prevails.       (2)   In this section:          (A)   BOARD means the civil service board of the city.          (B)   TRIAL BOARD means a civil service trial board.          (C)   SECRETARY means the secretary of the civil service board, who will also serve as secretary to each trial board and each administrative law judge.       (3)   This section does not apply to:          (A)   a department director, an assistant department director, or other managerial personnel designated by the city council in accordance with Section 11, Chapter XVI of the city charter; or          (B)   a non-civil service employee.       (4)   A civil service trial board and an administrative law judge have jurisdiction to hear an appeal by an employee if the appeal:          (A)   involves a demotion or discharge, unless provided otherwise in the city charter;          (B)   is filed in writing with the secretary within 10 working days after the date of the employee’s receipt of the letter of the last disposition of the appeal;          (C)   contains the following information:             (i)   the type of disciplinary action being appealed and the effective date of the action;             (ii)   the specific reason the discipline is unjust or otherwise in error;             (iii)   the remedy sought;             (iv)   the signature of the employee; and             (v)   a certificate showing the date of service to the secretary; and          (D)   has a copy of the disciplinary action attached to the appeal.       (5)   Designating whether an appeal is heard by a trial board or an administrative law judge.          (A)   An employee must specify in the appeal filed with the secretary whether the appeal will be heard by a trial board or an administrative law judge. This choice is final.          (B)   All appeals will be heard by a trial board unless otherwise specified by the appealing employee.          (C)   By choosing to have a hearing before an administrative law judge, the appealing employee agrees to pay one-half of the administrative law judge’s fee for the hearing, based on a rate established by contract with the city. Before a hearing will be held before an administrative law judge, the employee must deposit with the civil service board secretary a cash amount equal to one-half the estimated fee of the administrative judge as determined by the secretary based on the estimated length of the hearing. If the deposit exceeds the actual cost of the hearing, the employee shall be refunded the difference. If the deposit is insufficient to cover the actual cost of the hearing, the employee must pay the additional amount.    (b)   Selection of a trial board or an administrative law judge.       (1)   For hearings before a trial board, the secretary shall select trial board members according to a rotation schedule established by the chair of the civil service board. The trial board must be composed of a civil service board member and two adjunct members of the civil service board.       (2)   For hearings before an administrative law judge, the secretary shall select the administrative law judge according to a rotation schedule established by the chair of the civil service board. An administrative law judge who is involved in litigation against the city may not hear an appeal.       (3)   The secretary shall promptly designate a replacement if a trial board member or an administrative law judge is unable to serve at a hearing and shall inform all parties of the replacement. A substitute trial board member or administrative law judge must be selected in accordance with the rotation schedule established under Paragraph (2) of this subsection.       (4)   The civil service board member serving on a trial board shall preside as the chair at any hearing before the trial board and shall make any rulings regarding evidence or procedure. The chair’s rulings may be overruled or modified by a majority vote of the other trial board members hearing the matter.       (5)   The administrative law judge shall preside at any hearing before the administrative law judge and shall make any rulings regarding evidence or procedure.    (c)   Prehearing deadlines.       (1)   To the fullest extent possible, within fifteen working days after the date of service of the request to the secretary, as shown on the certificate attached to the request under Subsection (a)(4)(C) of this section, the secretary shall do the following:          (A)   Set a hearing before a trial board or an administrative law judge within 60 to 90 calendar days after receipt of the request by the secretary; however, the secretary of the civil service board may, with the approval of the trial board chair or the administrative law judge, schedule a hearing outside of 60 to 90 calendar days from the date of the request.          (B)   Prepare a “statement of questions,” which must be styled, “Matter of (name of employee)” and must specify the rules alleged to have been violated as stated in the letter of demotion or discharge.          (C)   Designate the trial board members who will hear the appeal or, if elected by the employee, the administrative law judge.          (D)   Transmit to each party notice of the hearing, the statement of questions, and the names of the trial board members or the name of the administrative law judge, whichever is applicable.       (2)   Objections.          (A)   Within 10 working days after the date of service as shown on the certificate of service on the statement of questions, the parties shall file any objections to the statement of questions with the secretary.          (B)   Within five working days after the date of service as shown on the certificate of service on the objections, a response may be filed.          (C)   Objections may be resolved at the hearing immediately before evidence is accepted.       (3)   Continuances.          (A)   At least 15 working days before a hearing or two working days after a party learns of the facts requiring a continuance, whichever date is earlier, a motion for continuance of the hearing may be filed.          (B)   Within five working days after the date of service as shown on the certificate of service on the motion for continuance, a response may be filed.          (C)   Other than in cases in which the parties agree to abate a hearing to await the final adjudication of underlying criminal charges, the parties may agree to a continuance, in which case, the hearing will be continued for up to 60 calendar days. Agreed continuances in excess of 180 days from the date of the original setting of the hearing must be approved by the administrative law judge or the trial board chair, or his or her designee, who shall be a member of the trial board.          (D)   If the parties do not agree to a continuance:             (i)   for a hearing before a trial board, the continuance may be granted by a majority of the trial board members present at a meeting or hearing at which the motion for continuance is considered; or             (ii)   for a hearing before an administrative law judge, the secretary shall request a ruling from the administrative law judge on the motion for continuance.       (4)   Exchange of information. At least 10 working days before the hearing, each party shall:          (A)   exchange witness lists;          (B)   exchange exhibits;          (C)   stipulate to undisputed facts;          (D)   stipulate to the admissibility of exhibits; and          (E)   file with the secretary a position statement that must include:             (i)   a statement of the party’s position on the issues in the statement of questions;             (ii)   a designation of undisputed facts;             (iii)   a list of witnesses and the estimated time required for the direct examination of each witness; and             (iv)   a list of exhibits.       (5)   Request for subpoenas. At least 30 working days before the hearing, each party may file with the secretary, and copy the opposing party, a request for subpoena of witnesses and documents, in accordance with the following:          (A)   The request for subpoena of witnesses and documents must include:             (i)   the name and address of each witness to be subpoenaed;             (ii)   if a witness is a city employee, the name of the employee’s department; and             (iii)   if documents are being subpoenaed, the specific identification of books, papers, documents, or other tangible things sought to be subpoenaed.          (B)   The party requesting the subpoena shall notify the subpoenaed witness of postponements, rescheduling, and appearance times.          (C)   The trial board or the administrative law judge has the power to compel the attendance of witnesses and the production of testimony and evidence, to administer oaths, and to punish for contempt in the same manner as provided for municipal judges.          (D)   Either party may object to a subpoena request within seven working days after receiving notice of the subpoena request. Objections to subpoenas must be in writing, submitted to the secretary, and copied to the opposing party, who has three working days after receipt of the objections to respond in writing to the substantive reasons for the objections to the requested subpoenas.          (E)   The secretary shall forward the objections and the response to the objections, if any, to the administrative law judge or trial board chair for resolution. If the trial board chair is unavailable, the objections must be ruled upon by his or her designee, who shall be a member of the trial board.          (F)   Once the scope of the subpoena is determined by the administrative law judge or trial board chair, or if no objections are filed, each party shall organize and number the responsive information (“released documents”) before turning it over to the secretary. The released documents must be provided within the amount of time determined by the administrative law judge or trial board chair or, if no objections are filed, in an amount of time determined by the secretary. The secretary shall release a complete copy of the released documents to both parties of the hearing, at the expense of the party who issued the subpoena for the documents.          (G)   The individual picking up the released documents must sign for the produced information. The requesting party has three working days to submit, in writing, any objections to the completeness of the released documents. The producing party has three working days to respond, in writing, to the substantive reasons for the requesting party’s objections. The secretary shall maintain one complete copy of the released documents, to allow the administrative law judge or trial board chair to fully assess and rule on any objections to the completeness of compliance with the subpoena.          (H)   The secretary shall forward the objections and any response to the objections to the administrative law judge or trial board chair for resolution. If the trial board chair is unavailable, the objections shall be ruled upon by his or her designee, who shall be a member of the trial board.          (I)   Decisions rendered by the administrative law judge or trial board chair (or his or her designee, if applicable) regarding subpoenas or responsive information are final and are not subject to further appeal.          (J)   After all decisions have been rendered by the administrative law judge or trial board chair regarding the scope of documents to be released pursuant to a subpoena, the secretary shall release a complete copy of the released documents to both parties of the hearing, at the expense of the party who issued the subpoena for the documents.       (6)   Challenge of a trial board member or an administrative law judge.          (A)   At least 10 working days before the hearing, a motion to challenge a trial board member or an administrative law judge may be filed with the secretary and served upon all parties.          (B)   Within five working days after the date of service as shown on the certificate of service on the motion to challenge a trial board member or an administrative law judge, a response may be filed.          (C)   A challenge may not be made after the hearing begins, unless the challenge is based on:             (i)   the ineligibility of a trial board member or an administrative law judge to hear the matter; or             (ii)   the conduct of a trial board member or an administrative law judge during the hearing.          (D)   If a challenged trial board member does not voluntarily withdraw, the trial board, by a unanimous vote, not counting the vote of the challenged member, may remove the member.          (E)   If a challenged administrative law judge does not voluntarily withdraw, the administrative municipal judge of the municipal court of record may remove the member.          (F)   If a challenge results in withdrawal of a trial board member or an administrative law judge, the hearing may be continued to a date certain.          (G)   If a challenge results in withdrawal of a trial board member of an administrative law judge, the secretary shall promptly designate a replacement and inform all parties of the replacement.          (H)   A challenge to a substituted trial board member or administrative law judge must be submitted as soon as possible.       (7)   Service of subpoenas.          (A)   At least five working days before the hearing, the secretary shall cause all subpoenas to be personally served.          (B)   The secretary shall designate a person to deliver the subpoenas and that person shall sign each subpoena stating that the witness was served.          (C)   The subpoena of an active city employee may be served through the director of the employee’s department.       (8)   Computation of time.          (A)   In computing any period of time prescribed in this section, the day of the act or event from which the designated period of time begins to run is not included.          (B)   The last day of the time period is included, unless it is a Saturday, Sunday, or official holiday observed by the city, in which event the period runs until 5:15 p.m. of the next day that is not a Saturday, Sunday, or official holiday observed by the city.          (C)   Except as otherwise specified, time periods will be calculated based on calendar days.    (d)   Hearings.       (1)   A hearing must be conducted in two phases, as follows:          (A)   Phase I.             (i)   In Phase I, the trial board, by majority vote, or the administrative law judge shall determine, by a preponderance of the evidence, whether the employee committed any of the alleged rule violations.             (ii)   If the trial board, by majority vote, or the administrative law judge determines that the employee committed none of the alleged rule violations, the trial board or administrative law judge may take whatever action is just and equitable, and the hearing will be closed.             (iii)   If the trial board, by majority vote, or the administrative law judge determines that the employee committed at least one of the alleged rule violations, the hearing will proceed to Phase II.          (B)   Phase II.             (i)   In Phase II, the trial board or the administrative law judge shall hear evidence concerning the appropriateness of the discipline imposed for the sustained rule violations.             (ii)   The trial board, by majority vote, or the administrative law judge may either sustain, reverse, modify, or amend the disciplinary action as is determined just and equitable, provided that the disciplinary action must be sustained if a reasonable person could have taken the same disciplinary action against the employee.             (iii)   The trial board or the administrative law judge may consider only the evidence relating to the violations sustained in Phase I and the employee’s previous employment record with the city, but may not consider the employee’s subsequent performance with the city.       (2)   The appealing employee:          (A)   may request the hearing or deliberations, which are usually open to the public, to be closed; and          (B)   shall not be compensated for time away from the employee’s city position while attending a hearing, unless so ordered by the trial board or the administrative law judge.       (3)   The trial board or the administrative law judge may exclude:          (A)   redundant, irrelevant, or cumulative evidence;          (B)   evidence that is not competent or properly authenticated;          (C)   any exhibit not previously exchanged; and          (D)   the testimony of a witness not previously identified as a witness.       (4)   The secretary shall maintain a record of the hearing and shall, at the city’s expense, appoint a court reporter to make a record of the hearing.       (5)   The trial board or the administrative law judge will release city employee witnesses as soon as possible to return to city business.       (6)   Placing witnesses under the rule.          (A)   Upon request by either party, the witnesses on both sides shall be sworn and removed from the hearing room so they cannot hear the testimony as delivered by any other witness in the case.          (B)   Witnesses shall be instructed that they are not to converse with each other or with any other person about the case, other than the attorneys in the case.       (7)   After the parties have rested, the trial board or the administrative law judge may request a party to produce additional evidence as the trial board or administrative law judge deems necessary to decide the issues before them.    (e)   Disposition.       (1)   Dismissal. An appeal must be dismissed for, but not limited to, any of the following reasons:          (A)   The appealing employee fails to appear in person at the hearing, unless:             (i)   good cause for the failure to appear is shown; and             (ii)   the city is not unduly prejudiced.          (B)   The trial board or the administrative law judge lacks jurisdiction.          (C)   The appealing employee fails to pay the amount owed to the administrative law judge prior to the beginning of the hearing.       (2)   Board orders.          (A)   The disposition of an appeal must be reduced to writing by the secretary and transmitted to the parties within three working days after the trial board or the administrative law judge has announced the ruling. This writing is the order of the trial board or the administrative law judge.          (B)   The order is final unless a motion for rehearing is filed within 10 working days after the date on the written order.       (3)   Relief. The trial board or the administrative law judge may grant the prevailing party relief that is just and equitable as is consistent with the city charter and other applicable law.       (4)   Costs. The trial board or the administrative law judge may not authorize payment of attorney’s fees, expenses, or costs or provide payment of damages beyond payment of salary and benefits that would have ordinarily been paid to the appealing employee.    (f)   Post-hearing deadlines.       (1)   Motion for rehearing.          (A)   Within 10 working days after the date on the written order, a motion for rehearing may be filed by either party.          (B)   A motion for rehearing may be granted by the trial board or the administrative law judge only if the order:             (i)   exceeds the authority of the trial board or the administrative law judge;             (ii)   contains provisions impermissible under applicable law;             (iii)   is unclear; or             (iv)   incorrectly states the disposition of the matter.          (C)   A motion for rehearing must be considered by the same trial board or administrative law judge who heard the appeal, except that if any trial board member or the administrative law judge is unavailable, the secretary shall designate a replacement.       (2)   Appeals to state district court.          (A)   Either party may appeal the order of the trial board or administrative law judge to state district court within one year after:             (i)   the date on the last written order, if no rehearing is requested;             (ii)   the date on the written order denying the rehearing, if a rehearing is requested and denied; or             (iii)   the date on the written order issued after the rehearing, if a rehearing is requested and granted.          (B)   The appeal to the district court must be decided upon review of the record of the hearing.          (C)   An appeal by the city must be approved by the city manager and the city attorney.          (D)   The appealing party shall, at its expense, furnish to the court a copy of the complete hearing record presented to the trial board or the administrative law judge, including a certified copy of the transcript taken by the court reporter, pleadings, hearing transcripts, exhibits, orders, and all evidence admitted during the hearing. The appealing party is responsible for paying the court reporter's fees for preparing the official hearing transcript.          (E)   If the appealing party fails to provide the district court with any material required by Paragraph (2)(D) of this subsection, the appeal must be dismissed.          (F)   Any appeal to state district court must be initiated by a citation and service of process pursuant to Texas Rule of Civil Procedure 106.    (g)   Other matters.       (1)   Reserved.       (2)   If a court of law rules on an issue involved in the appeal, the order of the trial board or administrative law judge must conform with the court’s ruling or must be vacated in deference to the court’s ruling, whichever is applicable.       (3)   The chair of the civil service board may order, with the consent of the parties, that any matters having common issues of fact be consolidated.       (4)   No party or party representative shall communicate with any trial board member or administrative law judge regarding the issues involved in the appeal except at the hearing.       (5)   The trial board, by majority vote, or the administrative law judge may seek advice regarding its jurisdiction or the nature and extent of its authority from the city attorney.       (6)   A party may be heard through a representative if that representative is designated:          (A)   in writing filed with the secretary and served on all parties;          (B)   on the record at the hearing before evidence is accepted; or          (C)   through the signature of the representative on any paper filed with the secretary on behalf of the party.       (7)   The secretary shall ensure that the trial board or the administrative law judge receives any materials filed by the parties.       (8)   Any paper served by a party on the secretary must include a certificate showing service to all other parties.       (9)   Service upon the city must be accomplished by serving the assistant city attorney assigned to the hearing.       (10)   Nothing in this section may be construed to authorize the practice of law except as permitted by the Supreme Court of Texas.       (11)   By presenting to the trial board or the administrative law judge (whether by signing, submitting, or later advocating) a request for a hearing, a complaint, a written or oral motion, or any other document, the party is certifying that it is acting in good faith. (Ord. Nos. 19340; 20526; 21304; 21674; 22612; 24873; 24930; 26182; 27098; 28024; 29480; 31745) SEC. 34-41.   RESERVED.    (Repealed by Ord. 26182) ARTICLE VII. WAGE SUPPLEMENTATION. SEC. 34-42.   RESERVED.    (Repealed by Ord. 25389) SEC. 34-43.   WAGE SUPPLEMENTATION PLAN.    (a)   Administration. The director of risk management is authorized and directed to develop and distribute necessary administrative directives for the fair and efficient administration of the injured employees’ wage supplementation plan. Department directors shall authorize wage supplementation for their employees in accordance with the administrative directives. Determinations and decisions made by department directors are final, conclusive, and binding on all parties.    (b)   Eligibility.       (1)   A permanent employee who, as the result of an injury sustained in the course of employment with the city, is being paid weekly workers’ compensation payments, or would be paid workers’ compensation payments if the disability continued for a period of more than seven days, may receive payments, as injured employee wage supplementation, separate and distinct from and in addition to the weekly workers’ compensation payments. An injured employee must complete an “Initiation of Wage Supplementation Form” provided by the city before being granted partial or full-day injury leave. An injured employee has 60 days from the receipt of the “Initiation of Wage Supplementation Form” to make any final election to accept or reject wage supplementation.       (2)   To be eligible for wage supplementation payments, an injured employee who lives within the city’s certified worker’s compensation network service area must choose a treating physician who is a member of the network. An injured employee who lives outside the city’s certified worker’s compensation network service area has the right to treatment by a physician of the employee’s choice under Section 408.022 of the Workers’ Compensation Act, as amended, and treatment by a physician outside of the network will not disqualify that employee from receiving wage supplementation payments.    (c)   Amount. The employee may receive full wage supplementation for the first seven days of time lost from the employee’s position. After seven days, the wage supplementation will be in an amount that is approximately equal to the difference between any workers’ compensation payments and the employee’s regular pay.    (d)   Discontinuation. In no event may wage supplementation to any employee be continued:       (1)   after a compromise settlement agreement or an agreed judgment has been effected;       (2)   after weekly indemnity workers’ compensation payments have ceased;       (3)   after 52 weeks of payments for each occurrence of an injury for which an employee received, or was eligible to receive, wage supplementation payments on or after October 1, 2003;       (4)   after an impairment rating has been assessed; or       (5)   whenever the employee owes the city reimbursement for overpaid wage supplementation.    (e)   Medical statement required. Wage supplementation must be supported by appropriate medical statements from a treating physician, whether partial or full-day leave is granted. A request for an extension of wage supplementation beyond four weeks must be accompanied by a current medical narrative or report.    (f)   Grounds for denial and termination. Wage supplementation benefits may not be paid to any injured employee who:       (1)   is assigned a preventable classification for the cause of the injury;       (2)   engages in any work, whether for pay or as a volunteer, while off work due to an injury for which the employee is requesting or receiving wage supplementation;       (3)   after being injured, terminates employment or is involuntarily terminated from employment for any reason;       (4)   fails or refuses to comply with the instructions or advice of a treating physician or other physician performing an independent medical examination for the city regarding treatment of the injured condition;       (5)   fails to act in a manner that is conductive to or consistent with being off work convalescing from a job-related injury;       (6)   refuses to perform limited, partial, or part-time duty when authorized by a treating physician or other physician performing an independent medical examination for the city;       (7)   refuses to accept or perform a different job with the city that, in the opinion of a treating physician or other physician performing an independent medical examination for the city, is within the employee’s physical capacity and for which the employee is qualified or will be trained;       (8)   refuses to submit to any independent medical examination or treatment required by the city in accordance with workers’ compensation laws;       (9)   refuses to return to regular duty after being released for regular duty by a treating physician or other physician performing an independent medical examination for the city;       (10)   is injured as the result of:          (A)   the breaking of rules, regulations, or laws by the employee; or          (B)   the gross negligence of the employee.       (11)   fails to use city or department-mandated safety equipment or follow city or department-mandated safety procedures when the injury was sustained;       (12)   fails to report the injury within 24 hours after its occurrence, unless the employee can show good cause for the delay;       (13)   fails to keep the employee’s immediate supervisor and workers’ compensation representative informed, on a monthly basis and in accordance with departmental procedure, of medical examinations and treatments and related dates, future medical treatments, status regarding return to limited and full duty, and changes in the employee’s ability to work;       (14)   submits a workers’ compensation claim that is denied; or       (15)   sustains an injury while participating in any sports activity, regardless of whether the activity was organized or unorganized or sanctioned or unsanctioned by the department.    (g)   Use of vacation and sick leave. An employee who is denied, has refused, or has exhausted wage supplementation while receiving workers’ compensation payments may take accrued sick leave or vacation leave, but only in an amount necessary to make up the difference between workers’ compensation payments and the employee’s regular rate of pay.    (h)   Leave without pay. An employee who has used all of the employee’s accrued sick leave and wage supplementation payments, while still off work and receiving workers’ compensation payments, may be granted leave of absence without pay in accordance with Section 34-28 of this chapter. (Ord. Nos. 24873; 24930; 25389; 25630; 28024; 29480) SEC. 34-44.   RESERVED.    (Repealed by Ord. 24873) SEC. 34-45.   BENEFIT POLICY FOR OFF-DUTY SECURITY OR TRAFFIC CONTROL SERVICES.    (a)   The city will pay to a police officer who is injured while performing off-duty security or traffic control services for a private individual or organization, benefits that are equal to the benefits that the city would be required to pay the officer if the officer had been injured while on duty with the city if:       (1)   the injury occurs:          (A)   while the officer is in the act of enforcing a federal or state law or a city ordinance; or          (B)   solely because of the officer’s status as a peace officer; or          (C)   while the officer is in the act of directing traffic on a public street or in an area immediately adjacent to a public street where traffic flow on the public street is affected by the officer’s action; and       (2)   the officer has followed the procedures required in the general orders of the police department for obtaining approval for off-duty employment; and       (3)   the officer cooperates with the city attorney in proceedings to recover workers’ compensation benefits from the employer for whom the officer was working at the time of the injury; and       (4)   the officer agrees that if workers’ compensation benefits are received from the off-duty employer, the officer will reimburse the city for benefits that the city paid under this policy that were intended to be equivalent to workers’ compensation benefits.    (b)   If the benefits paid to an officer under this policy that were intended to be equivalent to workers’ compensation benefits exceed the amount the officer is awarded as workers’ compensation benefits from the off- duty employer, the officer is not required to reimburse the city for the excess.    (c)   The determination of whether an officer is entitled to benefits and the extent of benefits under this policy will be made by the director of risk management. (Ord. Nos. 19340; 22026; 24873; 25389; 30216) CHAPTER 35 RESERVED (Repealed by Ord. 26136) CHAPTER 36 POLES AND WIRES ARTICLE I. IN GENERAL. Sec. 36-1.   Compliance with chapter. Sec. 36-2.   Consent of city required to erect poles, wires, etc. Sec. 36-3.   When alleys to be used rather than streets. Sec. 36-4.   Removal upon abandonment. Sec. 36-5.   Specifications for poles. Sec. 36-6.   Location of poles and other fixtures. Sec. 36-7.   Crossarms. Sec. 36-8.   Height of wires. Sec. 36-9.   Change of location of poles or change of height of wires. Sec. 36-10.   Rights nontransferable. Sec. 36-11.   City may prescribe further regulations. Sec. 36-12.   Initials of owners required on poles. Sec. 36-13.   Poles to be perpendicular. Sec. 36-14.   Line of poles to be on one side of street. Sec. 36-15.   Permission required for electric light or power conductors on fixtures maintained for other wires. Sec. 36-16.   Minimum distance of wires from buildings, poles, etc. Sec. 36-17.   Minimum distance of wire on crossarm from pole. Sec. 36-18.   Minimum height of wires above roofs. Sec. 36-19.   Supports of conductors. Sec. 36-20.   Joints. Sec. 36-21.   Wires to be stretched and attached to insulators. Sec. 36-22.   Connections with conductors to be made at right angles. Sec. 36-23.   Wires crossing other wires. Sec. 36-24.   Wires along walls. Sec. 36-25.   Wires entering buildings. Sec. 36-26.   Guard irons and guard wires. Sec. 36-27.   Daily testing of circuits. Sec. 36-28.   Street lights - Minimum height above sidewalk. Sec. 36-29.   Same - Frames and exposed parts to be insulated. Sec. 36-30.   Standard of insulation resistance. Sec. 36-31.   Copper wire standards; submission of samples for tests. Sec. 36-32.   Safety cutouts for conductors. Sec. 36-33.   Inspection of work. Sec. 36-34.   Fire indicators in electric light or power company stations; duty of company in case of fire. Sec. 36-35.   Secondary generators and converters. Sec. 36-36.   Minimum distance of wires from fire alarm wire. Sec. 36-37.   Minimum distance of poles from fireplugs. Sec. 36-38.   Linemen and lampmen to wear badges. Sec. 36-39.   Apparatus with exposed parts. Sec. 36-40.   Use of poles by another company. Sec. 36-41.   Penalty for violations. Sec. 36-42.   Attachment of wires to buildings. ARTICLE II. POLES AND WIRES – REPORTS, RECORDS, AND INSPECTIONS. Sec. 36-43.   Reports required. Sec. 36-44.   City may order audit of books and records. Sec. 36-45.   Inspection of poles and wires; notice to remove, replace, or alter. Sec. 36-46.   Article not a grant of additional privileges. Sec. 36-47.   Effect of article on other ordinances. Sec. 36-48.   Rights reserved by the city. Sec. 36-49.   Rights of certain companies. ARTICLE I. IN GENERAL. SEC. 36-1.   COMPLIANCE WITH CHAPTER.    No person shall erect or construct a pole, pier, abutment or other necessary fixture, appurtenance or appliance for electric light or power purposes within the city for electric light or power purposes or maintain any such pole, pier, abutment, wire or other such necessary fixture, appurtenance or appliance within the city, except in accordance with the provisions of this chapter. (Code 1941, Art. 105-1) SEC. 36-2.   CONSENT OF CITY REQUIRED TO ERECT POLES, WIRES, ETC.    No person shall erect or construct any pole, pier, abutment, wire or other necessary fixture, appurtenance or appliance set out in Section 36-1, for magnetic telegraph or telephone purposes, for electric light or power purposes or for any other purpose whatever along any of the streets or alleys of the city without first obtaining the consent of the city council so to do. (Code 1941, Arts. 104-1, 105-2) SEC. 36-3.   WHEN ALLEYS TO BE USED RATHER THAN STREETS.    Whenever, in the judgment of the city council, the use of any public alley for such purposes is practicable, poles, wires or other necessary fixtures for telegraph, telephone or electric light purposes shall be placed upon and along such alley, instead of upon and along the streets next adjoining and parallel thereto. When such poles or fixtures are set in an alley they shall be located as near the side lines of the alley as practicable and in such manner as not to incommode the public or the adjoining property holders. (Code 1941, Art. 104-2) SEC. 36-4.   REMOVAL UPON ABANDONMENT.    All persons who have erected or constructed any poles or fixtures in the city or who may hereafter erect or construct them and who have ceased to use them for the purposes originally intended or who may hereafter so cease to use them shall take down and remove such poles, wires and fixtures when notified by the city manager, upon the order of the city council. It shall be the duty of such persons to commence removal within five days after notice and to complete the same without delay. Upon failure to do so, such persons are guilty of an offense. In addition, the chief of police, upon the order of the city council, shall proceed to take down and remove such poles, wires and fixtures at the cost and expense of such persons and the same shall be a charge against them and may be sued for and recovered by the city in any court of competent jurisdiction. (Code 1941, Art. 104-10; Ord. 19963) SEC. 36-5.   SPECIFICATIONS FOR POLES.    Poles used as provided in this chapter shall be of sound timber, not less than five inches in diameter at the upper end, straight, shapely and of uniform size, neatly planed and shaved and thoroughly creosoted. (Code 1941, Art. 104- 3) SEC. 36-6.   LOCATION OF POLES AND OTHER FIXTURES.    When poles or other fixtures are erected on the street they shall be placed, if practicable, on the outer edge of the sidewalk just inside of the curbstone on a line dividing the lots of property owners, but in no case shall they be placed so as to interfere with or damage the curbstone, trees or other public or private property. (Code 1941, Art. 104-3) SEC. 36-7.   CROSSARMS.    Crossarms shall be of a uniform length determined by the supervisor of public utilities, strengthened by braces and painted the same color as the pole. The crossarms of each company shall bear the same characteristic mark. (Code 1941, Arts. 104-3, 105-6) SEC. 36-8.   HEIGHT OF WIRES.    Wires shall be run at a safe height from the ground.    The trolley wires of all streetcar systems shall not be lower than 18 feet from the track at all places other than railroad crossings and at all railroad crossings such trolley wires shall not be lower than 22 feet. (Code 1941, Arts. 104-3, 104-4) SEC. 36-9.   CHANGE OF LOCATION OF POLES OR CHANGE OF HEIGHT OF WIRES.    (a)   The right is hereby reserved to the city council to, at any time, direct a change in the location of any poles erected in the city for any purpose and to change the height at which wires shall be run on such poles; provided, that before any such alteration or change is made, at least five days’ notice in writing shall be given the person or his agent to be affected by the proposed change and he shall be allowed a reasonable opportunity to appear before the city council and be heard upon the merits of the proposed change.    (b)   When the city council orders any change or alteration in the location of poles or fixtures or in the height of wires, it shall be the duty of the person so ordered to commence the same within five days after notice and complete the same without delay. Upon failure so to do, such person shall be guilty of an offense and punished as provided in this code. (Code 1941, Arts. 104-5, 104-7; Ord. 19963) SEC. 36-10.   RIGHTS NONTRANSFERABLE.    All rights and franchises granted by this chapter are granted with the express understanding that the same are not transferable, but are given only to the persons petitioning for and receiving the grant. All attempted transfers of the same, without the consent of the city council first had and obtained, shall be null and void and shall work a forfeiture of all rights originally granted. (Code 1941, Art. 104-9) SEC. 36-11.   CITY MAY PRESCRIBE FURTHER REGULATIONS.    Nothing contained in this chapter shall be so construed as to in any manner affect the right of the city in the future to prescribe any other mode of conducting such wires over or under its streets. (Code 1941, Art. 104-11; Ord. 21186) SEC. 36-12.   INITIALS OF OWNERS REQUIRED ON POLES.    All poles shall be branded or stamped with the initials of the company owning them at a point not less than five nor more than seven feet above the surface of the sidewalk. (Code 1941, Art. 105-3) SEC. 36-13.   POLES TO BE PERPENDICULAR.    All poles shall be erected and maintained in a perpendicular position. (Code 1941, Art 105-4) SEC. 36-14.   LINE OF POLES TO BE ON ONE SIDE OF STREET.    Each line of poles shall be run on one side of the street only, except when absolutely necessary to change to the other side, but this may be done only by the permission of the city council. (Code 1941, Art. 105-5) SEC. 36-15.   PERMISSION REQUIRED FOR ELECTRIC LIGHT OR POWER CONDUCTORS ON FIXTURES MAINTAINED FOR OTHER WIRES.    Electric light or power conductors shall not be placed upon fixtures erected or maintained for wires used for telegraph, telephone, fire alarm or other signalling purposes, except by the permission of the city council. (Code 1941, Art. 105-7) SEC. 36-16.   MINIMUM DISTANCE OF WIRES FROM BUILDINGS, POLES, ETC.    No wire shall be stretched within four inches of any pole, building, or other object without being attached thereto and insulated therefrom. (Code 1941, Art. 105-8) SEC. 36-17.   MINIMUM DISTANCE OF WIRE ON CROSSARM FROM POLE.    No electric light or power wire on a crossarm shall be less than one foot distant from the pole or other central support. (Code 1941, Art. 105-9) SEC. 36-18.   MINIMUM HEIGHT OF WIRES ABOVE ROOFS.    Wires over roofs must be at least seven feet above flat roofs at the lowest point of sag and one foot above the ridge of other roofs. (Code 1941, Art. 105- 10) SEC. 36-19.   SUPPORTS OF CONDUCTORS.    All supports of electric conductors shall be constructed of durable material and shall be capable of sustaining a load or pressure of at least 12 times that which is normally upon them. (Code 1941, Art. 105-11) SEC. 36-20.   JOINTS.    All joints must be so made that a perfectly secure and unvarying connection, fully equal to the cross section of the wire, will be secured. (Code 1941, Art. 105-12) SEC. 36-21.   WIRES TO BE STRETCHED AND ATTACHED TO INSULATORS.    All wires shall be stretched and fastened to glass, porcelain or other insulator approved by the supervisor of public utilities. (Code 1941, Art. 105- 13) SEC. 36-22.   CONNECTIONS WITH CONDUCTORS TO BE MADEATRIGHT ANGLES.    All connections with lines of electric light or power conductors shall, whenever possible, be made at right angles to the same, and must run horizontally to the building, except so far as would conflict with Section 36-26, and then to point of entrance. (Code 1941, Art. 105-14) SEC. 36-23.   WIRES CROSSING OTHER WIRES.    Whenever it shall become necessary for any electric or power company to carry its wires across the lines of any fire alarm, telegraph, telephone or other electric light or power company, it shall be at a distance therefrom of not less than three feet. (Code 1941, Art. 105-15) SEC. 36-24.   WIRES ALONG WALLS.    In running along walls all wires shall be rigidly attached to the same by nonconducting fastenings and shall not hang from projecting insulators in loops. All arc light wires shall be placed not less than one foot apart and incandescent light wires not less than six inches apart. The use of porcelain knobs or insulators on the outside of buildings is prohibited except in dry places, when an improved insulator must be used on the walls. (Code 1941, Art. 105-16) SEC. 36-25.   WIRES ENTERING BUILDINGS.    All wires must enter buildings through an approved cutout switch and must be encased in a continuous piece of hard insulating tubing, so inclined as to oppose the entrance of water. The outer end of such tubing shall be sealed with some plastic insulating material so as to exclude all moisture. (Code 1941, Art. 105-17) SEC. 36-26.   GUARD IRONS AND GUARD WIRES.    Where angles occur in a line subjecting the supports to increased strain, guard irons must be placed at the outside ends of the crossarms. Guard wires must be placed wherever their presence would prevent fire alarm, telegraph, telephone or other wires from coming into accidental contact with electric light or power wires. The cost of such guard irons and wires shall be borne by the person making the last construction. (Code 1941, Art. 105-18) SEC. 36-27.   DAILY TESTING OF CIRCUITS.    All circuits shall be tested for grounds at 9:00 a.m., 12:00 noon and 3:00 p.m. every day. When a ground connection occurs it must be found and remedied without delay or, failing in this, the current must be discontinued until insulation is restored. (Code 1941, Art. 105-19) SEC. 36-28.   STREET LIGHTS - MINIMUM HEIGHT ABOVE SIDEWALK.    Incandescent street lights must be so placed as to have a clear space of not less than nine feet between the light and the sidewalk. (Code 1941, Art. 105- 20) SEC. 36-29.   SAME - FRAMES AND EXPOSED PARTS TO BE INSULATED.    Incandescent street lights must have the frames and exposed parts carefully insulated from the circuit. (Code 1941, Art. 105-21) SEC. 36-30.   STANDARD OF INSULATION RESISTANCE.    The resistance of the insulation on the circuits must be maintained at a standard provided by the supervisor of public utilities and every facility for testing circuits shall be accorded him. (Code 1941, Art. 105-22) SEC. 36-31.   COPPER WIRE STANDARDS; SUBMISSION OF SAMPLES FORTESTS.    All copper wire must be at least 95 percent conductory. Samples of wires to be used or in actual use shall be submitted to the city electrician for tests of conductivity at any time when required. (Code 1941, Art. 105-23) SEC. 36-32.   SAFETY CUTOUTS FOR CONDUCTORS.    Every system of conductors shall be protected by a safety cutout that will interrupt the passage through the conductors of a current stronger than they can safely carry. (Code 1941, Art. 105-24) SEC. 36-33.   INSPECTION OF WORK.    Immediately after the erection of any wiring or other outdoor construction for electric light or power or before the concealment or use of any inside wiring, the person erecting the same shall notify the city electrician that such work is ready for inspection. No use shall be made of such wiring or its appurtenances for the purposes aforesaid until approved by the supervisor of public utilities and a permit therefor is issued by him. No changes in such system shall be made without a permit therefor from the supervisor of public utilities. (Code 1941, Art. 105-25) SEC. 36-34.   FIRE INDICATORS IN ELECTRIC LIGHT OR POWER COMPANY STATIONS; DUTY OF COMPANY INCASE OF FIRE.    The fire department of the city shall erect in every station of every electric light or power company, at the latter’s expense, a suitable gong and indicator, connecting with the fire lines, by which the location of all fires shall be indicated. On the occurrence of a fire in any district in which any company has wires, such company shall forthwith send a man prepared to remove such wires, under the direction of the fire department. (Code 1941, Art. 105- 26) SEC. 36-35.   SECONDARY GENERATORS AND CONVERTERS.    Secondary generators or converters shall not be placed or maintained inside any building used for any other purpose. (Code 1941, Art. 105-27) SEC. 36-36.   MINIMUM DISTANCE OF WIRES FROM FIRE ALARM WIRE.    No electric light or power wire shall be erected or maintained within three feet of any fire alarm wire. (Code 1941, Art. 105-28) SEC. 36-37.   MINIMUM DISTANCE OF POLES FROM FIREPLUGS.    No pole for any wire of any kind shall be erected nearer than five feet to any fireplug. (Code 1941, Art. 105-28) SEC. 36-38.   LINEMEN AND LAMPMEN TO WEAR BADGES.    Every lineman and lampman shall wear a badge in plain sight, indicating his number and the person by whom he is employed. In case of fire such badge shall serve as a pass to admit the wearer inside fire lines. (Code 1941, Art. 105-29) SEC. 36-39.   APPARATUS WITH EXPOSED PARTS.    No switch, lamp, motor, dynamo or other conductor having exposed uninsulated parts shall be erected or maintained where any person unacquainted with the dangers of the same could easily come in contact therewith. (Code 1941, Art. 105-30) SEC. 36-40.   USE OF POLES BY ANOTHER COMPANY.    In granting permits to erect poles for purposes of electric light or power the city reserves the right, if the interests of the city so demand, to authorize other companies to use the same poles for the same purposes upon the payment to the owners thereof of a proper compensation which shall be determined between the parties concerned or by the city council in default of such agreement. All permits will be subject to this condition, and in accepting a permit the applicant accordingly binds himself thereto. (Code 1941, Art. 105- 31) SEC. 36-41.   PENALTY FOR VIOLATIONS.    Every violation of any of the provisions of this chapter is an offense, and the person guilty of violating any of the provisions of this chapter shall, upon conviction, be punished as provided in Section 13-1. Every day’s failure or refusal to comply with any of such provisions shall constitute a separate offense. In case of wilful and continued violation of the provisions of this chapter by any person, the city council shall have the power to revoke and repeal any ordinance under which such person may be acting, and to revoke and repeal all permits, privileges and franchises granted to the person. (Code 1941, Art. 105-32; Ord. 19963) SEC. 36-42.   ATTACHMENT OF WIRES TO BUILDINGS.    No telephone, telegraph, electric light or other company or any person, agent or employee of any such companies shall attach or in anywise connect any wire or wires to, along, across or over any house, store or building of any description in the city without first obtaining the written consent or permission of the owner of such house, store or building and also a permit from the building inspector for such connection or attachment. (Code 1941, Art. 105- 33) ARTICLE II. POLES AND WIRES – REPORTS, RECORDS, AND INSPECTIONS. SEC. 36-43.   REPORTS REQUIRED.    Every person using or maintaining any telegraph, telephone, electric light, or other poles in any of the streets, highways, parks, or public places within the city shall annually, on March 10, file with the city secretary a sworn report containing a list of all such poles so used, possessed, or maintained by the person, giving the accurate location of each pole, the number and character of wires carried on each pole, and the names of the owners of such poles and of the persons using the poles. Every person owning or using any wire run in conduits beneath the surface of the streets, highways, alleys, parks, or public places within the city shall include in the sworn report a statement as to the number and length of the wires then owned or used by the person and run in such underground conduits. (Code 1941, Art. 106-1; Ord. 28424) SEC. 36-44.   CITY MAY ORDER AUDIT OF BOOKS AND RECORDS.    The city council may have the books and records of the person rendering the statement required in Section 36-43 examined by a bookkeeper employed by the city to ascertain whether such statement is accurate, but nothing in this article prevents the city from ascertaining the facts by any other method. (Code 1941, Art. 106-2; Ord. 28424) SEC. 36-45.   INSPECTION OF POLES AND WIRES; NOTICE TO REMOVE, REPLACE, OR ALTER.    The police chief, fire-rescue chief, and director of transportation, or their designated representatives, shall each have the power and duty to examine and inspect from time to time all poles and every wire or cable in the streets, alleys, highways, or public places within the city when such wire is designed to carry an electric current. They shall notify each person owning or using such poles when any pole is unsafe, and notify each person owning or operating any such wire or cable whenever its attachments, insulation, supports, or appliances are unsuitable or unsafe, and require that such poles, wires, or cables must be properly replaced, renewed, altered, or constructed. They shall require the owner of any pole or wire abandoned for use to remove the pole or wire. (Code 1941, Art. 106-7; Ord. Nos. 22026; 28424; 30239; 30654) SEC. 36-46.   ARTICLE NOT A GRANT OF ADDITIONAL PRIVILEGES.    Nothing in this article grants any privilege or authority for any other term than already vested in persons now using and occupying the streets, alleys, and public places of the city. (Code 1941, Art. 106-9; Ord. 28424) SEC. 36-47.   EFFECT OF ARTICLE ON OTHER ORDINANCES.    Nothing in this article relieves any person of any condition, restriction, or requirement imposed by the ordinance in which it has been authorized to place in the streets, highways, alleys, or public places of the city its conduits, poles, wires, or other apparatus or imposed by this code or other ordinances previously enacted by the city. (Code 1941, Art. 106-10; Ord. 28424) SEC. 36-48.   RIGHTS RESERVED BY THE CITY.    The city reserves the right to promulgate at any time other restrictions and regulations as to the erection and maintenance of poles, wires, and other apparatus used in connection with the transmission of electricity and, from time to time, to require such poles as it deems proper to be removed and the wires on the poles to be run in conduits upon such terms as the city deems proper. (Code 1941, Art. 106-11; Ord. 28424) SEC. 36-49.   RIGHTS OF CERTAIN COMPANIES.    None of the obligations, burdens, and restrictions of this chapter may in any manner interfere with or destroy the rights and privileges secured by telegraph companies that have accepted the provisions of the Act of Congress of July 24, 1866. (Code 1941, Art. 106-12; Ord. 28424) CHAPTER 37 POLICE ARTICLE I. IN GENERAL. Sec. 37-1.   Composition of police force. Sec. 37-2.   Duties and powers of policemen. Sec. 37-3.   Certificate of appointment; oath. Sec. 37-4.   Assignment of men to beats; reports by chief; other duties of chief. Sec. 37-5.   Arrest without warrant - Authority. Sec. 37-6.   Same - When offense committed in officer’s presence. Sec. 37-7.   Same - Person arrested to be brought before court. Sec. 37-8.   Impersonation of police; blowing whistles, etc. Sec. 37-9.   Moral character of policemen; references; bond. Sec. 37-10.   Courtesy to city officers, etc. Sec. 37-11.   Grounds for dismissal. Sec. 37-12.   Restoration to prior rank upon dismissal from certain offices. Sec. 37-13.   Beating or striking prisoner or other person. Sec. 37-14.   Badges - Required to be worn. Sec. 37-15.   Same - Description - Breast badge. Sec. 37-16.   Same - Same - Cap badge. Sec. 37-17.   Same - Additional colors and attachments. Sec. 37-18.   Reserved. Sec. 37-19.   Same - Loss or destruction; return of badges upon leaving department. ARTICLE II. CHIEF OF POLICE. Sec. 37-20.   Qualifications; appointment; term. Sec. 37-21.   Member of police department. Sec. 37-22.   Oath and bond. Sec. 37-23.   Powers and duties generally. Sec. 37-24.   May close barrooms, etc. Sec. 37-25.   Reports of breaches of the peace, etc.; abatement of nuisances. Sec. 37-26.   Attendance at meetings of city council; summoning members, etc., to same. Sec. 37-27.   Deposit of moneys collected. Sec. 37-28.   Keeper of the city prison. Sec. 37-29.   Execution of processes; assistance to city attorney. Sec. 37-30.   Release of prisoners without bond or before payment of fine. ARTICLE III. COMMUNITY POLICE OVERSIGHT BOARD. Sec. 37-31.   Board created; appointment; term; meetings. Sec. 37-31.1.   Definitions. Sec. 37-31.2.   Duties. Sec. 37-31.3.   Community engagement. Sec. 37-32.   Functions. Sec. 37-32.1.   Division referrals. Sec. 37-32.2.   Mediation procedures. Sec. 37-32.3.   Procedures for external administrative complaint review. Sec. 37-33.   Procedures for critical incident review. Sec. 37-34.   Confidentiality. Sec. 37-35.   Witnesses. Sec. 37-36.   Technical resource panel. Sec. 37-37.   Administrative assistance. Sec. 37-38.   Funding. Sec. 37-38.1.   Transparency. Sec. 37-38.2.   Chief of police. ARTICLE IV. RESERVED. Secs. 37-39 thru 37-42.   Reserved. ARTICLE V. RESERVED. Secs. 37-43 thru 37-59.   Reserved. ARTICLE VI. RESERVED. Secs. 37-60 thru 37-73.   Reserved. ARTICLE VII. PERSONNEL OF THE POLICE DEPARTMENT. Sec. 37-74.   Offices created; enumeration; several offices of same grade. ARTICLE VIII. POLICE RESERVE BATTALLION. Sec. 37-75.   Established. Sec. 37-76.   Under control of chief of police. Sec. 37-77.   Voluntary; limited in number. Sec. 37-78.   Training. Sec. 37-79.   Call to active service by chief of police. Sec. 37-80.   Authority to carry weapons at the direction of the chief of police. Sec. 37-81.   Supplementary capacity. Sec. 37-82.   Uniforms. Sec. 37-83.   No compensation; medical expenses. Sec. 37-84.   Status as peace officers. ARTICLE I. IN GENERAL. SEC. 37-1.   COMPOSITION OF POLICE FORCE.    The police force of the city shall consist of the chief of police and such number of officers and policemen as the city council may from time to time authorize by ordinance. (Code 1941, Art. 109-1) SEC. 37-2.   DUTIES AND POWERS OF POLICEMEN.    It shall be the duty of the policemen to obey the orders of the city manager and the chief of police, communicated to them in person or delivered to them in writing, and to keep a faithful ward and watch in the districts which may be assigned to them. They shall be further authorized to go into any dwelling house, store, grocery or other place in which any person may have taken refuge or be, who has, during the night, in their presence or hearing, committed a felony or breach of the peace, where any felony or breach of the peace is about to be committed or any noise, alarm, outcry or disturbance is being made. (Code 1941, Art. 109-2) SEC. 37-3.   CERTIFICATE OF APPOINTMENT; OATH.    Upon the appointment of any officer or member of the police force, it shall be the duty of the city secretary to issue to him a certificate of such appointment and upon receiving same such person shall, before entering upon the duties of his office, take and subscribe to the oath of office required by the constitution of the state, before any officer legally authorized to administer oaths, which oath shall be endorsed on the certificate of appointment and filed with the city secretary. (Code 1941, Art. 109-3) SEC. 37-4.   ASSIGNMENT OF MEN TO BEATS; REPORTS BY CHIEF; OTHER DUTIES OF CHIEF.    The chief of police shall assign to each man his round of duty and may order any of them to render service in any ward wherever and whenever, in his opinion, the occasion shall require it. He shall report in writing to the city manager the time actually served by each policeman, the time absent and such other information as he may deem proper or may from time to time be required by the city manager. He shall also see that the policemen are equipped with the proper arms and equipment which any emergency shall require. He shall see that they perform their duties and he shall report each failure promptly to the city manager. He shall, as far as practicable, cause all orders of the city manager to be faithfully executed. (Code 1941, Art. 109-4) SEC. 37-5.   ARREST WITHOUT WARRANT - AUTHORITY.    All policemen in the city, in the exercise of their sound discretion, may arrest, without a warrant therefor, any person found in suspicious places or any person found under circumstances reasonably tending to show that such person has been guilty of some felony, breach of the peace, a violation of this code or some other municipal ordinance or is about to commit some offense against some state law or against this code or some other municipal ordinance. (Code 1941, Art. 109-5; Ord. 4290) SEC. 37-6.   SAME - WHEN OFFENSE COMMITTED IN OFFICER’S PRESENCE.    It shall be the duty of every policeman to make arrests, without a warrant, when a state law or city ordinance has been violated in his presence. But in making such arrest and in conveying the offender to the city jail, he shall use only such force as is necessary to effect his purpose. (Code 1941, Art. 109-9) SEC. 37-7.   SAME - PERSON ARRESTED TO BE BROUGHT BEFORE COURT.    In all cases of the arrest of any person without a warrant, the policeman making the arrest shall bring such person forthwith before the municipal court, if in session, and if not in session, the policeman shall commit such person to the city jail, there to be safely kept in custody until such court shall be in session, when such person shall be taken forthwith before such court, there to be tried according to law; provided, that the chief of police or any policeman may take good and sufficient bail from such offender for his appearance before the municipal court. (Code 1941, Art. 109-6) SEC. 37-8.   IMPERSONATION OF POLICE; BLOWING WHISTLES, ETC.    No person shall falsely represent himself to be a police officer of policeman, wear any badge used to designate a policeman or make use of or blow any whistle similar to that used by the city police. (Code 1941, Art. 109-7) SEC. 37-9.   MORAL CHARACTER OF POLICEMEN; REFERENCES; BOND.    No person shall be appointed a member of the police force who does not have a good moral character. When required by the chief of police or the governing body, an appointee to the police force shall furnish references and may be required to give bond in the sum of $250. (Code 1941, Art. 109-8) SEC. 37-10.   COURTESY TO CITY OFFICERS, ETC.    It shall be the duty of all policemen to treat all city officers, as well as other persons with whom they come in contact in the discharge of their duties, in a courteous and respectful manner. (Code 1941, Art. 109-10) SEC. 37-11.   GROUNDS FOR DISMISSAL.    Any member of the police force of the city shall be subject to dismissal for any one of the following grounds:       (a)   Being found loafing in a saloon or other public house.       (b)   Being found in a state of intoxication or a single act of drunkenness.       (c)   Neglect of duty or misconduct in office.       (d)   Violation of the lawful orders of the city manager, chief of police or some other officer having authority to command. (Code 1941, Arts. 109-11, 109-12) SEC. 37-12.   RESTORATION TO PRIOR RANK UPON DISMISSAL FROM CERTAIN OFFICES.    If any person acting as inspector of police or deputy chief of police be selected from the ranks of the police department and after such appointment shall be dismissed or reduced from such position of inspector or deputy chief on account of unfitness for discharge of the duties of such positions and not for any cause justifying entire dismissal from the service, such person shall be restored to the rank and grade held by him prior to his appointment as inspector or deputy chief. (Ord. 3551) SEC. 37-13.   BEATING OR STRIKING PRISONER OR OTHER PERSON.    No police officer shall beat or strike any prisoner in his custody or any other person with a gun or club, unless the same be absolutely necessary to protect himself from serious bodily injury. Any police officer violating the provisions of this section shall be subject to dismissal. (Code 1941, Art. 109- 13) SEC. 37-14.   BADGES - REQUIRED TO BE WORN.    Every member of the police department of the city shall wear the badges designated for such department. (Code 1941, Art. 109-15; Ord. 5614) SEC. 37-15.   SAME - DESCRIPTION - BREAST BADGE.    There is hereby designated a breast badge, to be worn by each member of the police department, which shall be roughly oblong in shape, three inches long at its greatest length and two and one-sixteenth inches wide at its greatest width, or two and one-half inches long at greatest length and one and seven- eighths inches wide at its greatest width. It shall consist of a five pointed star set against a field of blue flowed enamel, with two circular ropes in the blue flowed enamel field. Such star shall have a large printed “D” in the center and the two horizontal points of the star shall be capped with circles. Above such star shall be printed the word “Police” in a convex arc. Just below the left horizontal point of the star shall be printed the word “Dallas” and below the right horizontal point of the star shall be printed the word “Texas”. Between the two lower points of the star shall be the number of the badge wearer, and just below such number at the base of the badge shall be printed the rank of the policeman in a concave arc.    All lettering and numerals except the “D” in the center of the star shall be recessed in black enamel. Blue flowed enamel is to be recessed in 15 separate places on the badge, such points to be on each side of the coiled ropes between the points of the star. (Code 1941, Art. 109-15; Ord. Nos. 5614; 11743) SEC. 37-16.    SAME - SAME - CAP BADGE.    There is hereby designated a cap badge which shall be worn by all members of the police department, which shall be roughly oblong in shape and shall be two and three-quarters inches long at its greatest length and two and one-sixteenth inches across at its greatest width, or two and three-eighths inches long at its greatest length and one and three-fourths inches wide at its greatest width. It shall consist of a five pointed star in the center thereof on a background of a circular sea with white capped waves. Directly above such star and centered on the upper point of the star shall be the word “Police” printed in a convex arc. The crown of such badge shall be a spread eagle. Between the left horizontal point of the star and the left lower point of the star shall be printed the word “Dallas” and between the right horizontal point of the star and the right lower point of the star shall be printed the word “Texas”. Directly beneath and between the two lower points of the star shall be the number of the badge wearer. The base of such badge shall consist of a wreath each side of which flares upward around the center piece of the badge to touch each wing of the eagle. Across the base of such wreath shall be printed the rank of the policeman.    All lettering and numerals on the cap badge shall be recessed in black enamel. Blue flowed enamel shall be recessed under the wings of the eagle between each star point and between the badge number and the leaves of the wreath. In the area between each of the star points the metal is to show through the blue flowed enamel to designate the white capped waves. (Code 1941, Art. 109-15; Ord. Nos. 5614; 11743) SEC. 37-17.   SAME - ADDITIONAL COLORS AND ATTACHMENTS.    All other details of color and attachments on police badges shall be as agreed upon by the purchasing agent of the city and the chief of police of the city. (Code 1941, Art. 109-15; Ord. 5614) SEC. 37-18.   RESERVED.    (Repealed by Ord. 21721) SEC. 37-19.   SAME - LOSS OR DESTRUCTION; RETURN OF BADGES UPON LEAVING DEPARTMENT.    Any member of the police department who shall lose or destroy his badges shall be required to pay the cost of replacing same and whenever any member shall leave the department he shall immediately deliver his badges to the chief of police. (Code 1941, Art. 109-15; Ord. 5614) ARTICLE II. CHIEF OF POLICE. SEC. 37-20.   QUALIFICATIONS; APPOINTMENT; TERM.    There is hereby created the office of chief of police of the city, which shall be filled by some suitable person who is a qualified voter of the city and who possesses all the qualifications prescribed by the city charter for a policeman. Such officer shall be appointed by the city manager in the manner prescribed by the city charter and shall hold his office for the period of one year from the date of his appointment and until his successor is appointed and qualified. The chief of police shall be appointed annually on the fourth Tuesday in April. (Code 1941, Art. 107-1) SEC. 37-21.   MEMBER OF POLICE DEPARTMENT.    The person occupying the office of chief of police shall, by virtue of such appointment and the exercise of the duties thereof, be and become a member of the police department and shall be subject to all the ordinances and laws applicable to policemen, including the statutes in regard to the firemen, policemen and fire alarm operators’ pension fund. (Code 1941, Art. 107-2) SEC. 37-22.   OATH AND BOND.    The chief of police shall, before entering upon the duties of his office, take the oath of office prescribed by the state constitution and execute and deliver to the city a good and sufficient bond in the sum of $10,000, payable to the city, conditioned that he will faithfully and strictly perform all the duties required of him by the constitution, the laws of the state, the charter, this code and ordinances of the city, and such further duties as may be prescribed by the city council. Such bond shall have two or more good and sufficient sureties thereon. (Code 1941, Art. 107-3) SEC. 37-23.   POWERS AND DUTIES GENERALLY.    The chief of police shall be the chief police officer of the city under the city manager. He shall, either in person or by deputy, attend all meetings of the city council, and wait upon the municipal court and promptly and faithfully execute all writs and processes issued out of such court. He shall have like power with the sheriff of the county to execute search warrants and other writs. He shall quell riots, disorders, disturbances of the peace and violations of every kind within the city and shall take into custody all persons thus offending, and may take good and sufficient bail for the appearance before the municipal court of any person charged with an offense which the municipal court has jurisdiction to try. It shall be his duty to arrest without warrant all violators of the laws and ordinances and all who obstruct or interfere with him in the discharge of his duties. In the prevention and suppression of crime and the arrest of offenders, he shall have the same powers as the sheriff of a county under the laws of the state. He shall perform such other duties and have such other powers as the city council may by resolution or ordinance require or confer or as may be prescribed by state law. (Code 1941, Art. 107-4) SEC. 37-24.   MAY CLOSE BARROOMS, ETC.    To prevent a breach of the peace, the chief of police shall have authority to close any barroom, ballroom, drinking house, theater or any other place or building of public resort. In the prevention and suppression of crime and the arrest of offenders, he shall have and execute like power, jurisdiction and authority as the sheriff of the county under the laws of the state. (Code 1941, Art. 107-5) SEC. 37-25.   REPORTS OF BREACHES OF THE PEACE, ETC.; ABATEMENT OF NUISANCES.    The chief of police shall report to the city manager all breaches of the peace and other violations of this code and other ordinances which may come to his knowledge. He shall be diligent in the discovery of violations of this code and ordinances defining and providing for the abatement of nuisances and for the protection of streets, alleys, sidewalks, shade trees, etc., and shall promptly give notice to the author of any nuisance, as defined by law, to abate the same and shall see that the same is promptly abated or the offender brought to trial. (Code 1941, Art. 107-6) SEC. 37-26.   ATTENDANCE AT MEETINGS OF CITY COUNCIL; SUMMONING MEMBERS, ETC., TO SAME.    The chief of police shall, in person or by deputy, attend all meetings of the city council. When requested by the city manager, he shall summon the councilmen, the city secretary and the city attorney to attend meetings of the city council. (Code 1941, Art. 107-7) SEC. 37-27.   DEPOSIT OF MONEYS COLLECTED.    The chief of police shall promptly deposit to the credit of the appropriate city fund all moneys collected by him by virtue of any execution and all fines and costs that may come into his hands. (Code 1941, Art. 107-7; Ord. 29645) SEC. 37-28.   KEEPER OF THE CITY PRISON.    The chief of police shall be the keeper of the city prison and shall keep the same in a clean condition. He shall safely keep all prisoners consigned to such jail and shall appoint a member of the police force to guard all prisoners sentenced to hard labor on the streets and public works of the city while at work. When, by their labor, such prisoners have paid their fines and costs, he shall discharge them. For the keeping of such persons safely he may use the city jail. (Code 1941, Art. 107-8) SEC. 37-29.   EXECUTION OF PROCESSES; ASSISTANCE TO CITY ATTORNEY.    The chief of police shall execute all processes issued out of the municipal court, attend all sessions of such court and assist the city attorney, when so required, in the discovery of testimony in all cases in which the city is interested. (Code 1941, Art. 107-9) SEC. 37-30.   RELEASE OF PRISONERS WITHOUT BOND OR BEFORE PAYMENT OF FINE.    The chief of police shall have no right to release any prisoner before conviction without bond, nor after conviction until the fine and costs against him are paid. He shall be subject to dismissal from office if he allows parties after conviction to go without satisfaction of the judgment against them, as provided therein, and every dollar of fine and costs that by his negligence or connivance is lost to the city or to any officer shall be deducted from his salary. (Code 1941, Art. 107-10) ARTICLE III. COMMUNITY POLICE OVERSIGHT BOARD. SEC. 37-31.   BOARD CREATED; APPOINTMENT; TERM; MEETINGS.    (a)   There is hereby created the community police oversight board (the "board") to be composed of 15 members. Each city council member shall appoint one member to the board. It is the intent of the city council that the membership of the board be representative of the diversity of the city.    (b)   The mayor shall appoint the board chair, and the full city council shall appoint the vice-chair.    (c)   Each member shall be appointed for a two-year term beginning on October 1 of each odd-numbered year. Members shall serve until their successors are appointed and qualified.    (d)   The following persons shall be disqualified for appointment to and service on the board:       (1)   persons who are in violation of Chapter 12A, "Code of Ethics" of the city code and persons disqualified from appointment pursuant to Section 8- 1.4 of the city code;       (2)   persons who are currently employed by the department, or have an immediate family member, as defined in Section 34-4(26) of the Dallas City Code, who is an employee of the Dallas Police Department; and       (3)   persons who are employees or business associates of either an adversary party or a representative of an adversary party, and persons who have a pecuniary interest, in any pending litigation or claim against the city relating to the board or the police department or against any individual officer or employee of the police department (unless unrelated to such individual's office or employment).    (e)   Any board member who is disqualified for appointment to and service on the board under Subsection (d) shall forfeit membership on the board. Upon determination by the board chair that a board member is so disqualified, the chair will notify that board member and the city secretary. The city secretary will then notify the city council that there is a vacancy on the board. A board member required to forfeit board membership will be entitled to a public hearing in accordance with Section 17, Chapter XXIV of the city charter.    (f)   Under no circumstances may the city council or the board chair be authorized to waive the requirements for appointment to and service on the board referenced in Subsection (d).    (g)   Each board member must attend training necessary to execute the board's duties including training on police procedures.    (h)   The board must meet at least once each month and at other times at the call of the chair.    (i)   The office of community police oversight provides support services to the board.    (j)   For purposes of Section 8-1.4(a)(4) of this code, the police department is deemed a department providing support services to the board. (Ord. Nos. 19818; 19983; 21153; 21514; 22259; 29645; 31192, eff. 10/1/19) SEC. 37-31.1.   DEFINITIONS.    In this article:       (1)   BOARD means the community police oversight board.       (2)   CHIEF means the chief of police, as described in Section 37-20, or the chief's representative.       (3)   CONFIDENTIAL INFORMATION means any information that may not be obtained by the public under the Texas Public Information Act. When submitting information to the board, the police department shall place identifying marks on any confidential information.       (4)   CRITICAL INCIDENT means an officer-involved shooting or a use of force incident that results in serious bodily injury or death.       (5)   DEPARTMENT means the Dallas police department.       (6)   DIRECTOR means the director/monitor of the office of community police oversight or the director/monitor's representative, unless otherwise stated.       (7)   DIVISION REFERRAL means an investigation into an external administrative complaint that is conducted by the supervisor of an officer.       (8)   EXTERNAL ADMINISTRATIVE COMPLAINT means a written complaint submitted to either the office of community police oversight, the board, or the department by a person, who is not a city employee, that alleges a complaint of police procedures, treatment of residents, abuse, harassment, or violation of civil rights against a city police officer that results in mediation, a division referral, or an investigation conducted by the internal affairs division of the department.       (9)   INTERNAL AFFAIRS DIVISION means a staff unit of the department.       (10)   MEDIATION means a voluntary, informal process of communication and conciliation of minor external administrative complaints of police misconduct, conducted by an independent, certified mediator.       (11)   OFFICE means the office of community police oversight.       (12)   SERIOUS BODILY INJURY means bodily injury that creates a risk of death or that causes serious permanent or temporary disfigurement or loss or impairment of the function of any bodily member or organ, including, but not limited to, a broken long bone, rib, or fracture of the skull; mechanical injury of the neck and upper airways; multiple severe bruises wherever located; a sharp or blunt injury requiring sutures or clips; or a wound leading to blood loss requiring volume replacement. (Ord. 31192, eff. 10/1/19) SEC. 37-31.2.   DUTIES.    The board shall perform the following duties to provide residents fair and thorough oversight of the department:       (1)   provide an accessible process that ensures fair acceptance and processing of external administrative complaints;       (2)   direct the director to initiate an independent administrative investigation into a complaint by a member of the public investigated by the internal affairs division, as set forth in Sections 37-32.3 and 37-33;       (3)   provide a report at least annually to the appropriate council committee in addition to any reports required under Chapter 8; and       (4)   engage in community outreach. (Ord. 31192, eff. 10/1/19) SEC. 37-31.3.   COMMUNITY ENGAGEMENT.    The board shall conduct community outreach to create awareness about the board, the office, and the complaint process. The board may also provide outreach to promote transparency and accountability and to foster community relationships with the police department. (Ord. 31192, eff. 10/1/19) SEC. 37-32.   FUNCTIONS.    (a)   Subject to the procedural requirements set forth in Sections 37-32.3 and 37-33, the board shall have authority to:       (1)   Review the facts and evidence pertaining to a critical incident or external administrative complaint against a city police officer following:          (A)   completion of all findings and recommendations of the internal affairs division of the department;          (B)   the final decision within the department determining what, if any, disciplinary action will be taken; and          (C)   if grand jury proceedings are anticipated, the conclusion of all grand jury proceedings relating to a city police officer's conduct in the incident or complaint.       (2)   Accept from members of the public written complaints, on a paper or online form provided by the director with input by the department, of police procedures, treatment of members of the public, abuse, harassment, violation of civil rights, serious injury, or fatality and refer the complaints to the office and the internal affairs division of the department for investigation.       (3)   When the board is not satisfied with the findings of the police department internal affairs division's investigation of a critical incident or external administrative complaint which is properly before the board, the board may direct the director to initiate an independent investigation into the internal affairs division investigation of a critical incident or an external administrative complaint.       (4)   Take sworn testimony from witnesses relating to the internal affairs division investigation of a critical incident or external administrative complaint pursuant to Section 37-35.       (5)   Subpoena witnesses in accordance with Section 37-35.       (6)   Request the city manager to review disciplinary action by the chief in a case when the board considers it appropriate.       (7)   Recommend to the chief and the city manager improvements in department procedures, practices, training, and the early warning system.    (b)   The board shall act as an advisory board to the chief, the city manager, and the city council.    (c)   Notwithstanding any provision of this article to the contrary, the board shall not:       (1)   take any action, nor recommend to or request the city council or any other city authority to take any action, which interferes in any manner with the appointment, removal, or discipline of any person by the city manager or any of his subordinates;       (2)   review the facts and evidence of a complaint nor accept a complaint from a police officer which pertains to another police officer for which the city personnel rules or police general orders provide a grievance or appeal procedure.       (3)   review the facts and evidence of a complaint nor accept a complaint from a person concerning a matter which is the subject of pending civil litigation to which the city or a city employee is a party. (Ord. Nos. 19818; 19983; 21131; 31192, eff. 10/1/19) SEC. 37-32.1.   DIVISION REFERRALS.    The department shall take appropriate action on division referrals, provide the director with confirmation that the matter has been addressed, and provide the director access to relevant information. (Ord. 31192, eff. 10/1/19) SEC. 37-32.2.   MEDIATION PROCEDURES.    (a)   In general. Except as provided in this section, a complainant may request to mediate an external administrative complaint for minor allegations of misconduct at any time during the external administrative complaint process. Mediation does not include negotiation of demands for monetary or equitable relief.    (b)   Notice. The director shall inform a complainant that mediation may be available as an alternative to the review processes upon receiving notice of a complaint.    (c)   Eligibility. For an external administrative complaint to be eligible for mediation, the following requirements must be met:       (1)   Both the complainant and officer must agree to participate;       (2)   The officer has not resolved a prior complaint through mediation in the last six months;       (3)   The director must determine that mediation is appropriate for the alleged complaint;       (4)   The officer must be deemed eligible for mediation by the internal affairs division or the chief; and       (5)   There must not be any pending claims, civil litigation, or criminal investigations involving the alleged incident.    (d)   Form. The director shall provide an eligible complainant a form to request mediation.    (e)   Administration. The director will oversee administration of the mediation process including:       (1)   providing a forum for the mediation; and       (2)   scheduling the mediation within a reasonable time.    (f)   Procedure.       (1)    After confirmation that the complaint and the parties are eligible for mediation the director shall contact the internal affairs division to advise the city police officer's chain of command of the complaint and the complainant's decision to pursue mediation.       (2)   After receiving notification from the city police officer's chain of command, the officer shall contact the internal affairs division to accept or decline the opportunity to mediate the complaint.       (3)   If the officer declines the mediation, the complainant may choose to pursue the complaint through the external administrative process.    (g)   Informational requests. The director and the department must comply with the mediator's requests for information during the mediation process.    (h)   Final administrative remedy. Mediation constitutes the final administrative remedy.    (i)   Confidentiality required. Participants in the mediation process shall sign a confidentiality agreement that provides:       (1)   That participation in mediation and any statements made during mediation are not admissible in court.       (2)   That documents or information created or retained pursuant to mediation cannot be subpoenaed.       (3)   That the mediator and participating staff may not be called as witnesses regarding incidents discussed during mediation. (Ord. 31192, eff. 10/ 1/19) SEC. 37-32.3.   PROCEDURES FOR EXTERNAL ADMINISTRATIVE COMPLAINT REVIEW.    (a)   Internal affairs division investigation.       (1)   Monitoring. During the pendency of an internal affairs division investigation into an external administrative complaint, the director may monitor the investigation including observing witness interviews, submitting recommendations of interview inquiries, and issuing evidentiary retention requests. Additionally, the internal affairs division must provide the director with timely and free access to investigative evidence and relevant police data. At any time during the internal affairs division investigation, the director may discuss the investigation with the chief or ask questions regarding the investigation.       (2)   Notification. When the internal affairs division notifies a complainant of its findings, it shall:          (A)   provide a form to the complainant which can be submitted to the board or the director if the complainant desires to request review of the findings; and          (B)   notify the board and director of those findings and any recommendations.       (3)   Director-initiated independent investigations. At the close of the internal affairs division investigation, if the director disagrees with the findings of the investigation, the director may initiate an independent investigation.          (A)   When the independent investigation is complete, the director shall present the findings of the investigation to the board.          (B)   The board shall forward those findings and any recommendations to the chief.          (C)   The chief shall provide the board written acknowledgement of receipt of the recommendations.          (D)   The chief retains final decision-making authority regarding disciplinary matters and the disposition of administrative and criminal investigations.    (b)   Complainant requests for review process.       (1)   Within 30 days after notification of the results of the internal affairs division investigation, a complainant may request a review of the internal affairs division findings to the office on a form provided by the office.       (2)   For requests for review filed by a complainant, the director shall review the internal affairs division investigation and present those findings to the board.       (3)   After the director presents the review of the internal affairs division investigation to the board, the board may, by majority vote, direct the director to initiate an independent investigation or may choose to take no further action.          (A)   When the independent investigation is complete, the director shall present the findings of the investigation to the board and make recommendations to the board for further action, if any.          (B)   The board shall review the director's findings and make recommendations as the board deems appropriate.          (C)   When requested, the director shall forward the results of the investigation and the recommendations of the board to the chief, the city manager, or the appropriate city council committee.          (D)   The chief shall provide the board written acknowledgement of receipt of the recommendations.          (E)   The chief retains final decision-making authority regarding disciplinary matters and the disposition of administrative and criminal investigations.       (4)   Complainant request for review to the board constitutes the final administrative remedy.    (c)   Postponement. Board review or independent investigation of any incident, complaint, or request for review, whether received by the board or director, shall be postponed pending:       (1)   completion of all findings and recommendations of the internal affairs division;       (2)   the final decision within the department regarding disciplinary action, if any;       (3)   the conclusion of any claim or civil litigation involving the incident or complaint; and       (4)   if grand jury proceedings are anticipated, the conclusion of all grand jury proceedings relating to a city police officer's conduct in the incident or complaint.    (d)    Department monitoring. The department may monitor investigations conducted by the office subject to the same restrictions and requirements imposed on the director when monitoring internal affairs division investigations. (Ord. 31192, eff. 10/1/19) SEC. 37-33.   PROCEDURES FOR CRITICAL INCIDENT REVIEW.    (a)   The chief shall provide the board and the director with timely notification of all critical incidents. The director may participate in preliminary briefings related to the critical incident.    (b)   The director may monitor the investigation of all critical incidents. The purpose of monitoring critical incidents is to ensure that the investigation is comprehensive, objective, impartial, and consistent with appropriate investigative protocols.       (1)   If the director is unavailable, a person approved by the city manager may serve in this capacity during the director's absence.       (2)   In this subsection DIRECTOR does not include the director's representative.    (c)   Board review or independent investigation of any incident, complaint, or request for review, whether received by the board or director, shall be postponed pending:       (1)   completion of all findings and recommendations of the internal affairs division;       (2)   the final decision within the department determining what, if any, disciplinary action will be taken;       (3)   the conclusion of any claim or civil litigation involving the incident or complaint; and       (4)   if grand jury proceedings are anticipated, the conclusion of all grand jury proceedings relating to the incident or complaint.    (d)   The director may monitor the investigation including observing witness interviews, submitting recommendations of interview inquiries, reviewing documentary and physical evidence, and accessing relevant police data. The director may meet with the chief throughout the investigation to ask questions and discuss any areas of concern identified while monitoring.    (e)   Before the conclusion of the criminal investigation, the director may meet with the chief to hear preliminary findings and provide feedback about the investigatory process. The director may provide the chief with a recommendation on the outcome of the investigation.    (f)   The chief shall review all information and determine what actions, if any, are warranted.    (g)   Throughout the investigation, per confidentiality requirements, the director shall not update the board or anyone else on the status of the investigation. The director may provide a report to the board at the conclusion of both the criminal and the administrative investigations to attest whether the criminal investigation was comprehensive, objective, impartial, and consistent with appropriate investigative protocols.    (h)   The director shall provide a report to the board, after the internal affairs division investigation of the critical incident is complete, regarding department compliance with Subsection (b) above.    (i)   The board and the director may engage in community outreach as needed after the occurrence of a critical incident.    (j)   The chief retains final decision-making authority regarding disciplinary matters and the disposition of administrative and criminal investigations. (Ord. Nos. 19818; 19983; 31192, eff. 10/1/19) SEC. 37-34.   CONFIDENTIALITY.    (a)   Community police oversight board. The board in reviewing a personnel matter shall hold closed meetings in compliance with the Texas Open Meetings Act, acting in a nonjudicial capacity. The confidentiality of any file, record, or other data received by the board in its review of an incident or a complaint shall be strictly maintained by every member of the board.       (1)   Board members commit an offense if they disclose to another person confidential information obtained in the course of their board duties.       (2)   It is a defense to prosecution under Paragraph (1) that the disclosure was made:          (A)   to another board member or to city staff assigned to the board; or          (B)   as compelled testimony in a court proceeding.       (3)   An offense under this section is punishable by a fine not to exceed $500.       (4)   Any board member who discloses confidential information to anyone other than another board member or city staff member assigned to the board or as compelled testimony in a court proceeding shall forfeit membership on the board. Upon determination by the chairman of the board that a board member has disclosed confidential information, the chairman shall notify that board member and the city secretary. The city secretary shall then notify the city council that there is a vacancy on the board. A board member required to forfeit board membership under this section will be entitled to a public hearing in accordance with Section 17, Chapter XXIV of the city charter. If requested by the board member, the city council will immediately schedule a hearing to be held at the next regularly scheduled city council meeting. The board member may designate either a public or closed hearing.    (b)   Office of community police oversight. The confidentiality of any investigative file, record, or other data received by the director or the director's staff during the briefing, review, or monitoring of an incident or a complaint shall be strictly maintained. The director shall not share any confidential information with the board that is obtained during the monitoring of a critical incident. Any staff member of the office who discloses confidential information to another person may be subjected to disciplinary action, up to and including termination of employment.       (1)   The director or any member of the office commits an offense if they disclose to another person confidential information obtained in the course or performance of his duties.       (2)   An offense under this section is punishable by a fine not to exceed $500.       (3)   It is a defense to prosecution under Paragraph (1) that the disclosure was made:          (A)   to the city manager, an assistant city manager, the director or a staff member of the office, the chief, or employees of the department authorized to receive the information;          (B)   as compelled testimony in a court proceeding; or          (C)   pursuant to a valid request from the district attorney's office. (Ord. Nos. 19818; 19903; 19983; 31192, eff. 10/1/19) SEC. 37-35.   WITNESSES.    (a)   Except as provided in this section, the board shall have authority to issue subpoenas upon a majority vote of the board.    (b)   The board may not subpoena a city employee or police officer.    (c)   The board may request statements from city employees or police officers through the office. These statements must be provided to the office in a non-public setting.    (d)   Before a city employee or police officer is required to make a statement to the office a Garrity warning must be issued to the employee. The Garrity protections available to a city employee or police officer during an administrative investigation apply to testimony or a statement made in connection with an investigation of the director.    (e)   Every person appearing before the board to testify concerning an incident or a complaint being reviewed shall have the right to counsel. All statements and testimony before the board must be given under oath. Nothing in this article shall be construed to deprive any individual of rights given under constitutional, statutory or common law.    (f)   If a city police officer appears before the board, pursuant to a board request, the officer shall be entitled to:       (1)   payment by the city of reasonable fees for private legal counsel of the city police officer's choice as provided for in Chapter 12A and Chapter 31A; and       (2)   all rights afforded an individual under constitutional, statutory, or common law to the full extent as would be afforded to that officer as a defendant in a criminal proceeding.    (g)   A city police officer shall not be subjected to departmental or other administrative disciplinary action:       (1)   for refusing to appear voluntarily before the board;       (2)   for refusing to answer any question on constitutional grounds or otherwise upon recommendation of legal counsel; or       (3)   based upon the subject matter of that officer's testimony provided to the board or to any investigator of the board. (Ord. Nos. 19818; 19903; 19983; 31192, eff. 10/1/19) SEC. 37-36.   TECHNICAL RESOURCE PANEL.    (a)   There is hereby created the technical resource panel to be composed of three members appointed by the city manager.       (1)   The technical resource panel is not a board or commission subject to Chapter 8 of this code or Chapter XXIV, Section 13 of the city charter.       (2)   The director shall assist the city manager in the recruitment of qualified members.    (b)   Each member of the technical resource panel shall be an individual with at least 10 years of law enforcement experience in a recognized local, county, state, or federal law enforcement agency and, to the extent possible, appointments to the technical resource panel will be representative of the ethnic diversity of the city and will include individuals with substantial patrol officer experience.    (c)   Active law enforcement professionals employed in Dallas County by the state, the county, or any local government may not be members of the technical resource panel. In addition, former city of Dallas police officers may not be members of the technical resource panel. Members of the technical resource panel are not required to be residents of the city nor qualified voters in the city.    (d)   Members of the technical resource panel shall serve three-year terms, shall be subject to the same conflict of interest and confidentiality restrictions as are applicable to members of the board, and shall be subject to forfeiture of membership on the same basis as members of the board.    (e)   Members of the technical resource panel shall attend and participate fully in all meetings and deliberations of the board, and at the board's discretion, attend and participate in closed sessions, but shall not be entitled to vote as members of the board.    (f)   The technical resource panel shall use its expertise and experience in law enforcement matters and procedures to assist the board to the fullest extent possible in the review and investigation of all incidents and complaints coming before the board.    (g)   The technical resource panel shall not have any oversight responsibility or oversight authority with respect to the board.    (h)   Nothing in this section prohibits the director or the board acting through the director from seeking additional outside technical expertise and advice as necessary. (Ord. Nos. 19818; 19983; 31192, eff. 10/1/19) SEC. 37-37.   ADMINISTRATIVE ASSISTANCE.    The director shall designate staff to receive and log complaints for referral to the office or the department. The log of complaints must be centrally located and accessible by the office and the department. Staff shall monitor external administrative investigations conducted by the internal affairs division; oversee mediations; independently investigate administrative investigations upon the conclusion of an internal affairs investigation (case disposition and discipline); monitor critical incidents investigated by the department, and further aid the board and the technical resource panel in their work. Additionally, the director shall assist the board with preparing the annual report required under Section 8-1.1 and any other reports as necessary. (Ord. Nos. 19983; 31192, eff. 10/1/19) SEC. 37-38.   FUNDING.    No funding for the board, the office, or the technical resource panel, including expenses of the board, the office, and the committee and of persons appearing before the board, shall be included in the budget for the department, all such funding to be provided by the city from separate sources. (Ord. Nos. 19983; 31192, eff. 10/1/19) SEC. 37-38.1.   TRANSPARENCY.    The board shall work with the office and the chief to establish metrics for transparency related to the board's activities and performance, including providing an annual report and an engagement calendar. (Ord. 31192, eff. 10/1/ 19) SEC. 37-38.2.   CHIEF OF POLICE.    (a)   The chief shall provide a report to the board briefly describing all complaints filed by members of the public with the internal affairs division when requested to do so by the board.    (b)   The chief shall promulgate general orders and standard operating procedures in compliance with this article. The chief has discretion in how and whether to implement changes recommended by the board.    (c)   Nothing in this article should be construed as removing or limiting the chief's authority to issue final disciplinary actions or to oversee the administration of the department in accordance with the city charter. (Ord. 31192, eff. 10/1/19) ARTICLE IV. RESERVED. SECS. 37-39 THRU 37-42. (Repealed by Ord. 17226) ARTICLE V. RESERVED. SECS. 37-43 THRU 37-59. (Repealed by Ord. 14940) ARTICLE VI. RESERVED. SECS. 37-60 THRU 37-73. (Repealed by Ord. 15519) ARTICLE VII. PERSONNEL OF THE POLICE DEPARTMENT. SEC. 37-74.   OFFICES CREATED; ENUMERATION; SEVERAL OFFICES OF SAME GRADE.    Editor’s Note - The number of offices of the police department are not set out in the code but are on file in the office of the city secretary. ARTICLE VIII. POLICE RESERVE BATTALION. SEC. 37-75.   ESTABLISHED.    There is hereby established the reserve battalion of the city of Dallas police department which shall be a voluntary force of reserve policemen hereafter referred to as the “reserve battalion.” (Ord. 14267) SEC. 37-76.   UNDER CONTROL OF CHIEF OF POLICE.    The reserve battalion shall function under the general direction and control of the chief of police, subject to the supervision of the city manager, and also subject to such rules, regulations, and orders as may be promulgated from time to time by the chief of police in accordance with the authority vested in the chief of police by the city charter or ordinances of the city of Dallas. (Ord. 14267) SEC. 37-77.   VOLUNTARY; LIMITED IN NUMBER.    The reserve battalion shall be an auxiliary police force composed of volunteers who shall serve without pay. The chief of police shall establish the size, composition, and organization of the reserve battalion, which shall not exceed in number the total number of regular police officers authorized by ordinance. (Ord. 14267) SEC. 37-78.   TRAINING.    Prior to performing any duties as a reserve police officer, each police reserve applicant shall receive training from the Dallas police department in accordance with the requirements of the Texas Commission on Law Enforcement Officer Standards and Education and shall apply for certification by said commission as a reserve police officer. The names of reserve police applicants who have received certification from the Texas Commission on Law Enforcement Officer Standards and Education shall be submitted to the city council for approval. (Ord. Nos. 14267; 17393) SEC. 37-79.   CALL TO ACTIVE SERVICE BY CHIEF OF POLICE.    Members of the reserve battalion shall serve at the discretion of the chief of police and may be called into active service at any time the chief of police considers it necessary to have additional police officers to preserve the peace and enforce the law. (Ord. 14267) SEC. 37-80.   AUTHORITY TO CARRY WEAPONS AT THE DIRECTION OF THE CHIEF OF POLICE.    A person appointed to serve as a reserve police officer of the reserve battalion may carry a weapon only at the express direction of the chief of police. The chief of police may authorize a reserve police officer to carry a weapon only when discharging official duties as a peace officer, except that the chief of police may authorize a reserve police officer who is a peace officer as described in Article 2.12 of the Texas Code of Criminal Procedure, as amended, to carry a weapon or act as a peace officer at all times, regardless of whether the person is engaged in the actual discharge of official duties. (Ord. Nos. 14267; 25564) SEC. 37-81.   SUPPLEMENTARY CAPACITY.    Reserve police officers of the reserve battalion shall act only in a supplementary capacity to the regular police force and shall in no case assume the full-time duties of regular police officers. (Ord. 14267) SEC. 37-82.   UNIFORMS.    The chief of police may provide uniforms and equipment for the reserve battalion from existing supplies, and may cause to be purchased special items of identification as necessary, to include shoulder patches, badges, and cap pieces bearing the words “Dallas Police Reserves”. (Ord. 14267) SEC. 37-83.   NO COMPENSATION; MEDICAL EXPENSES.    No reserve police officer appointed pursuant to this article shall be entitled to compensation for service. A police reserve officer who sustains injury in the course of performing official duties may receive hospital and medical assistance in the same manner as provided for fulltime police officers; provided, however, that nothing in this article shall be construed to authorize or permit a member of the reserve battalion to become eligible for participation in any pension fund created pursuant to state statute, to which regular officers may become a member by payroll deductions or otherwise. (Ord. 14267) SEC. 37-84.   STATUS AS PEACE OFFICERS.    Reserve officers of the reserve battalion shall serve as peace officers during the actual discharge of official duties, subject to all times to the direction, control, and supervisory authority of the chief of police. (Ord. 14267) CHAPTER 37A POLICE AND FIRE WELFARE FUND Sec. 37A-1.   Definitions. Sec. 37A-2.   Creation of board. Sec. 37A-3.   Terms of board. Sec. 37A-4.   Powers and duties of the board. Sec. 37A-5.   Qualified beneficiaries. Sec. 37A-6.   Investigation and payment of grant-in- aid. Sec. 37A-7.   Establishment of trust fund. Sec. 37A-8.   Nonvested rights. Sec. 37A-9.   Nonalienation of benefits. SEC. 37A-1.   DEFINITIONS.    In this chapter, unless the context clearly indicates otherwise:    (1)   BENEFACTOR means a person who donates or gives money, stocks, bonds, or real or personal property to the fund for the benefit of qualified beneficiaries.    (2)   BENEFICIARY means a person designated in Section 37A-5.    (3)   BOARD means the board of trustees of the city police and fire welfare fund.    (4)   DEPENDENT CHILD means an unmarried person who immediately preceding the death of his parent, received over half of his support in each calendar year from the parent, who died as a result of an occurrence described in Section 37A-5(a).    (5)   DEPENDENT PARENT means the parent of a person who died as a result of an occurrence described in Section 37A-5(a) and who is:       (A)   totally and permanently disabled and received over half of his support in each calendar year from the deceased person; or       (B)   65 years of age or older.    (6)   DONATION means a gift or contribution in the form of money, stocks, bonds, or real or personal property by a benefactor.    (7)   GRANT-IN-AID means a loan or gift of money to a beneficiary.    (8)   GUARDIAN means the court-appointed guardian or conservator of a dependent child or dependent parent.    (9)   PERSON means an individual, corporation, association or other legal entity.    (10)   QUORUM means two members of the board.    (11)   SPOUSE means the surviving husband or wife of a person who died as a result of an occurrence described in Section 37A-5(a). (Ord. 16126) SEC. 37A-2.   CREATION OF BOARD.    (a)   There is hereby created the police and fire welfare fund and the board of trustees of the police and fire welfare fund.    (b)   The board shall be composed of five persons consisting of:       (1)   one person appointed by the city council who shall be a member of the city council;       (2)   the chief of the Dallas police department;       (3)   the chief of the Dallas fire department;       (4)   the city manager or his designee; and       (5)   the city controller.    (c)   The chief of police shall serve as chairman for a term of two years from the effective date of this ordinance. The fire chief shall succeed the chief of police as chairman and shall serve for a term of two years. The chief of police and the fire chief shall then alternately serve as chairman for terms of two years, each succeeding the other upon the expiration of their terms.    (d)   The chairman shall call a meeting at any time there is business of the board to be conducted. (Ord. 16126) SEC. 37A-3.   TERMS OF THE BOARD.    (a)   The board member appointed by the city council shall serve for a term of two years without remuneration. The appointment shall correspond to the appointment of other city boards and commissions as provided by the charter and ordinances of the city of Dallas.    (b)   The chief of police and the fire chief shall serve as long as they hold their respective positions. (Ord. 16126) SEC. 37A-4.   POWERS AND DUTIES OF THE BOARD.    (a)   The board shall have the power and duty to:       (1)   administer the welfare fund;       (2)   adopt rules and regulations not inconsistent with the provisions of this chapter and the Constitution and laws of this state;       (3)   receive private funds and donations as the public may desire to donate, with full authority to invest, re-invest, alter and change the funds of the welfare fund;       (4)   disburse funds or its equivalent in kind to the qualified beneficiaries;       (5)   appoint as administrator the administrator of the police and fire pension fund to carry out the business of the board and who shall be the custodian of the records of the fund and who shall serve without remuneration;       (6)   make a final determination of the eligibility of a beneficiary for an award or grant-in-aid from the welfare fund;       (7)   issue subpoenas for the attendance of witnesses and production of records, papers, or other objects, administer oaths to witnesses, and examine witnesses on any matter relating to an award or grant- in-aid from the welfare fund.    (b)   No award, grant-in-aid, or expenditure shall be made from the welfare fund without the approval of the board.    (c)   The board shall have complete discretionary authority to either grant or deny an award or grant-in- aid to a potential qualified beneficiary. (Ord. 16126) SEC. 37A-5.   QUALIFIED BENEFICIARIES.    (a)   The following persons are hereby designated as qualified beneficiaries for an award from the welfare fund:       (1)   a police officer, fire fighter, park department police officer, city marshal, deputy city marshal, security officer, or public service officer injured while in the performance of his official duties while employed by the city of Dallas;       (2)   the spouse, the dependent child, or dependent parent of any city employee designated in Subsection (1) above who lost his life while in the performance of his official duties;       (3)   a person injured while assisting any city employee designated in subsection (1) above in an emergency, either voluntarily or when called upon for assistance, or if the injury results in death, then the spouse, dependent child, or dependent parent of the person;       (4)   a reserve police officer or reserve fire fighter injured while serving in his capacity as a reserve police officer or reserve fire fighter, or if the injury results in death, then the spouse, dependent child, or dependent parent of the reserve police officer or reserve fire fighter when the injury results in death.    (b)   If a surviving illegitimate child makes a claim as a qualified beneficiary, the board may only disburse funds or property if the child establishes his heirship in a court of competent jurisdiction. (Ord. 16126) SEC. 37A-6.   INVESTIGATION AND PAYMENT OF GRANT-IN-AID.    (a)   Upon a request for a grant-in-aid, the board shall initiate an investigation of the application by an appropriate division within the employee’s department. The investigation shall determine the qualification and need of the applicant. After completion of the investigation, the department head shall submit a written report to the board and shall make a recommendation for approval or denial of the request.    (b)   The applicant shall cooperate with the investigation and the board. The failure of the applicant to cooperate or disclose necessary information to the investigator or the board, or be truthful, shall be grounds for disqualification or immediate repayment of the grant-in-aid regardless of need or qualification.    (c)   The beneficiary shall attempt a repayment of the grant-in-aid. The terms and schedule of repayment either in whole or in part, shall be determined by the board depending on the financial circumstances of the beneficiary. The board shall have the authority to waive repayment, either in whole or in part, depending on the financial circumstances of the beneficiary. (Ord. 16126) SEC. 37A-7.   ESTABLISHMENT OF TRUST FUND.    (a)   The board shall establish a separate general trust fund for deposit of all donations and the assets of the welfare fund. The trust fund shall be established as a separate city trust account with the city treasurer. Upon receipt of general contributions, they shall be deposited to the credit of the appropriate city fund.    (b)   In the event the board receives contributions from a benefactor designating specific qualified beneficiaries, the donations shall be deposited in the general welfare trust fund. Upon request the city controller will provide the board an accounting of the police and fire welfare fund.    (c)   In the event the welfare fund receives donations from private benefactors in the form of other valuable consideration, such as stocks, bonds, real or personal property, the ownership of that property shall be held by the welfare fund in trust for the qualified beneficiaries until title can be transferred according to the directions of the benefactor. If the benefactor makes a donation without any specific instructions, the board shall have the power and authority to hold, transfer, convey, lend, or sell the property in a manner the board believes is in the best interests of the beneficiaries of the welfare fund. After approval of the board, the city controller shall have the authority to effectuate any transaction on behalf of the board. (Ord. Nos. 16126; 29645) SEC. 37A-8.   NONVESTED RIGHTS.    Qualified beneficiaries, heirs, and their assigns shall not have any vested right, title, or interest, future or otherwise, in any donation or gift to the welfare fund. (Ord. 16126) SEC. 37A-9.   NONALIENATION OF BENEFITS.    Donations, gifts, and benefits payable under the welfare fund shall be exempt from attachment, execution, garnishment, judgments and all other suits or claims, and shall not be assignable or transferable. (Ord. 16126) CHAPTER 38 PRIVATE DETECTIVES Sec. 38-1.   Definitions. Sec. 38-2.   License - Required. Sec. 38-3.   Same - Fingerprinting; minimum age. Sec. 38-4.   Same - Fee. Sec. 38-5.   Same - Expiration date. Sec. 38-6.   Application for license - Information required. Sec. 38-7.   Same - Investigation. Sec. 38-8.   Same - Action by city manager; issuance of license. Sec. 38-9.   Same - Factors to be considered by city manager. Sec. 38-10.   Same - Appeal to city council. Sec. 38-11.   Functions, powers and duties of police department. Sec. 38-12.   Bond - Required. Sec. 38-13.   Same - Amount; conditions. Sec. 38-14.   Same - Renewal; failure to renew. Sec. 38-15.   Applicability of Sections 38-12 to 38-14. Sec. 38-16.   Posting and surrender of license certificate. Sec. 38-17.   Effect of chapter. Sec. 38-18.   Removal of bureau, agency, etc. Sec. 38-19.   Employees - Number permitted; responsibility of employer. Sec. 38-20.   Same - Certain persons prohibited from employment. Sec. 38-21.   Same - “Employee’s statement” required. Sec. 38-22.   Same - Fingerprinting. Sec. 38-23.   Same - Revocation of license. Sec. 38-24.   Divulging of certain information prohibited. Sec. 38-25.   Certain persons exempted from provisions of chapter. SEC. 38-1.   DEFINITIONS.    For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:    DETECTIVE AGENCY. Any person engaged in the detective business for hire which employs one or more persons as employees, assistants, clerks, bookkeepers or operatives in its business; provided, that persons engaged in such business whose employees, other than office employees, are in full uniform shall not be classed as a detective agency.    DETECTIVE BUSINESS. The business of making for hire an investigation for the purpose of obtaining information with reference to any of the following matters:    Crimes against the laws of the land or wrongs done or threatened; the habits, conduct, movements, associates, transactions, reputation, character or location of persons; the credibility of witnesses or other persons; the location or recovery of lost or stolen property; securing evidence to be used before authorized investigating committees, boards of award or arbitration or in the trial of civil or criminal cases; the causes, origins or responsibility for fires, accidents or injury to real or personal property; or strikes and labor difficulties.    PRIVATE DETECTIVE. A person engaged in the detective business for hire who does not employ or use any employees, assistants, clerks, bookkeepers or operatives. (Ord. 4039) SEC. 38-2.   LICENSE - REQUIRED.    No person shall engage in the business of a private detective or conduct a private detective agency within the city without first having obtained a license therefor. (Ord. 4039) SEC. 38-3.   SAME - FINGERPRINTING; MINIMUM AGE.    No license to engage in the business of a private detective or to conduct a private detective agency shall be issued until the police department has taken the fingerprints of the applicant. No license shall be issued where the applicant is under 23 years of age. (Ord. Nos. 4039; 4311) SEC. 38-4.   SAME - FEE.    In order to defray a part of the expense necessary to provide the surveillance, supervision and inspection of persons as required under the terms of this chapter, there is hereby fixed a license fee or police tax, which shall be collected from any person engaged in the private detective business or conducting a private detective agency of $50 per annum. If any application is granted during the calendar year, the fee shall be paid pro rata for the balance of the current year. In no event shall there be any refunds of license fees or police taxes paid under this chapter. The fee shall be paid to the assessor and collector of taxes who shall issue a receipt therefor on a form prepared by him for that purpose. (Ord. Nos. 4039; 4996) SEC. 38-5.   SAME - EXPIRATION DATE.    Each license granted and issued under the provisions of this chapter shall expire at midnight of the 31st day of December next following the date of issuance of same. (Ord. Nos. 4039; 4311) SEC. 38-6.   APPLICATION FOR LICENSE - INFORMATION REQUIRED.    Any person intending to conduct a private detective business in the city shall, for each such bureau or agency, file with the chief of police a written application duly signed and verified as follows:    (a)   If the applicant is a person, the application shall be signed and verified by such person, and if the applicant is a firm or partnership, the application shall be signed and verified by each individual composing or intending to compose such firm or partnership. The application shall state the full name, age, residence, present and previous occupations of each person so signing the same, that he is a citizen of the United States and shall also specify the name of the street and number and the trade name of the business for which the license is desired and such further facts as may be required by the chief of police to show the good character, competency and integrity of each person so signing such application. Each person signing such application shall, together with such application, submit to the chief of police his photograph in duplicate in passport size and fingerprints of his two hands recorded in such manner as may be specified by the chief of police or his authorized representative. Before approving such application it shall be the duty of the chief of police or his authorized representative to compare such fingerprints with those filed with the identification bureau of the police department. Every such applicant shall establish to the satisfaction of the city manager and by at least two duly acknowledged certificates that such applicant, if he be a person or in the case of a firm, company, partnership or corporation, at least one member of such firm, partnership, company or corporation has been regularly employed as a detective or shall have been a member of the United States government investigative service, a sheriff or member of the city police department of a rank or grade higher than that of patrolman for a period of not less than three years.    Such applications shall be approved as to each person or individual so signing the same by not less than five reputable citizens of this community, each of whom shall certify that he has personally known the person for a period of at least five years prior to the filing of such application, that he has read such application and believes each of the statements made therein to be true, that such person is honest, of good character, competent and not related or connected to the person so certifying by blood or marriage.    Local branches of detective agencies licensed, chartered or organized outside of the city by authority of a law of their home state where the provisions are substantially the same as those of this chapter, shall be exempted from the provisions of this section; provided, however, that the local manager shall be fingerprinted.    (b)   If the applicant is a corporation, the application shall be signed and verified by the president, secretary and treasurer thereof and shall specify the name of the corporation, the date and place of its incorporation, the location of its principal place of business and the location of the premises on which it intends to do business in the city. Each and every requirement of this section shall apply to the president, secretary and treasurer and each such officer and his successor shall, prior to entering upon the discharge of his duties, sign and verify a like statement, proved in like manner as is prescribed in this section as in case of person or individual member of a firm or partnership. In the event of the death, resignation or removal of such officer, due notice of that fact shall forthwith be given in writing to the chief of police together with a copy of the minutes of any meeting of directors of such corporation, certified by the secretary indicating the death, resignation or removal of such officer and the election or designation of the successor of each deceased, resigned or removed officer. The local manager or representative of a person whose headquarters is elsewhere than in the city shall comply with the requirements in part (a) of this section. (Ord. 4039) SEC. 38-7.   SAME - INVESTIGATION.    Upon the filing of an application for a license to engage in the business of a private detective or conduct a private detective agency, properly filled out, the chief of police shall make or cause to be made such investigation as he may deem necessary to determine the fitness of the applicant for a license. Then the chief of police shall within 10 days forward the application with his recommendations to the city manager. (Ord. Nos. 4039; 4311) SEC. 38-8.   SAME - ACTION BY CITY MANAGER; ISSUANCE OF LICENSE.    The city manager shall have authority to grant a license to engage in the business of a private detective or conduct a private detective agency without further investigation or to cause further investigation to be made before granting such license or disapproving the application. Upon the granting of such license by the city manager, it shall be the duty of the applicant to present the action of the city manager to the assessor and collector of taxes of the city and upon the payment of the proper license fee the assessor and collector of taxes shall accordingly issue the proper license permit on a form to be prescribed by the assessor and collector of taxes. (Ord. Nos. 4039; 4311) SEC. 38-9.   SAME - FACTORS TO BE CONSIDERED BY CITY MANAGER.    In approving or disapproving any license to engage in the business of a private detective or to conduct a private detective agency, the city manager shall consider the following factors:    (a)   Whether the applicant has been convicted of a felony, or on renewal of license, for the violation of any of the provisions of this chapter, during the year next preceding the filing of this application.    (b)   Whether the applicant is of good moral character and his reputation for being a peaceable law abiding citizen.    (c)   Whether the applicant is a former member of the police department or was formerly employed as a special police officer and was released for cause.    (d)   Such other lawful matters as he considers pertinent and proper in arriving at a fair and lawful conclusion with respect to such application for a license. (Ord. Nos. 4039; 4311) SEC. 38-10.   SAME - APPEAL TO CITY COUNCIL.    The city manager shall consider all licenses applied for under this chapter and approve or disapprove the same; provided, that upon refusal of the city manager to approve such application, the applicant may within 10 days thereafter appeal to the city council, which shall within 30 days thereafter accord to such applicant a hearing as to whether or not a license to engage in the business of a private detective or to conduct a private detective agency shall be granted. (Ord. Nos. 4039; 4311) SEC. 38-11.   FUNCTIONS, POWERS AND DUTIES OF POLICE DEPARTMENT.    With regard to all applicants for a license to engage in the business of a private detective or to conduct a private detective agency, the police department shall have the following functions, powers and duties:    (a)   To investigate qualifications for fitness of all applicants.    (b)   To investigate and aid in the prosecution of all violations of this chapter and cooperate in the prosecution of offenders before any court having jurisdiction to hear the same.    (c)   To fingerprint all applicants. (Ord. Nos. 4039; 4311) SEC. 38-12.   BOND - REQUIRED.    Before any license to engage in the business of a private detective or to conduct a private detective agency shall be issued as provided in this chapter, the applicant shall furnish to the city a good and sufficient surety bond or insurance policy, the same to be approved by the city manager. A bond shall be signed by some good solvent bonding company authorized to do business in this state and an insurance policy shall be executed by some good solvent insurance company authorized to do business in this state. (Ord. Nos. 4039; 4311) SEC. 38-13.   SAME - AMOUNT; CONDITIONS.    The surety bond or insurance policy required by Section 38-12 shall be in the sum of $10,000 and shall be conditioned that the obligor therein will pay to the extent of the face amount of such surety bond or insurance policy all judgments which may be recovered against such detective or detective agency by reason of the wrongful or illegal acts of its servants, officers, agents or employees committed by them in the course of their employment. Such surety bond or insurance policy shall further be conditioned that such person so injured shall have the right to sue directly upon the surety bond or insurance policy in his own name, and the same shall be subject to successive suits for recovery until a complete exhaustion of the face amount thereof. (Ord. Nos. 4039; 4311) SEC. 38-14.   SAME - RENEWAL; FAILURE TO RENEW.    The surety bond or insurance policy required by Section 38-12 shall be in effect for the period of time covered by the license for which such bond or policy is given and shall expire at the expiration of the license for which such bond or policy was given. Each such detective or detective agency shall, on or before the date of the expiration of the terms of any surety bond or insurance policy so filed by such agency, file a renewal thereof or a new surety bond or insurance policy containing the same terms or obligations of the preceding surety bond or policy and shall each year thereafter or before the expiration date of the existing surety bond or insurance policy file such renewal surety bond or insurance policy so as to provide continuous security to persons so injured. In the event any such detective or detective agency fails to execute any surety bond or insurance policy in the first instance or to execute any renewal surety bond or insurance policy or to file the same with the city manager as provided in this article, it shall constitute grounds for revoking the license issued under the provisions of this chapter. (Ord. Nos. 4039; 4311) SEC. 38-15.   APPLICABILITY OF SECTIONS 8-12 to 38-14.    The provisions of Sections 38-12 to 38-14 shall not apply to a foreign corporation having a permit to do business in this state. (Ord. 4039) SEC. 38-16.   POSTING AND SURRENDER OF LICENSE CERTIFICATE.    Immediately upon the receipt of the license certificate issued by the city, the licensee named therein shall cause such license certificate to be posted up and at all times displayed in a conspicuous place in the bureau, agency, subagency, office or branch office for which it is issued so that all persons visiting such place may readily see the same. Such license certificate shall at all reasonable times be subject to inspection by the chief of police or an authorized representative of the police department. No person holding such license certificate shall post such certificate or permit such certificate to be posted upon premises other than those described therein or to which it has been transferred pursuant to the provisions of this article or knowingly alter, deface or destroy any such license certificate. Every license certificate shall be surrendered to the chief of police within 72 hours after its terms shall have expired or after notice in writing to the holder that such license has been revoked. Failure to comply with any provisions of this section is a misdemeanor and sufficient cause for the revocation of a license. (Ord. 4039) SEC. 38-17.   EFFECT OF CHAPTER.    Nothing in this chapter shall be construed to authorize the agents, servants, officers or employees of licensee to have the power of peace officers in this city unless such power be conferred thereon under the provisions of the laws of this state, this code or other ordinances of this city. (Ord. Nos. 4039; 4311) SEC. 38-18.   REMOVAL OF BUREAU, AGENCY, ETC.    If the holder of an unexpired license certificate issued pursuant to this chapter shall remove the bureau, agency, subagency, office or branch office to a place other than that described in the license certificate, he shall within the 24 hours immediately following such removal give written notice of such removal to the chief of police, which notice shall describe the premises to which such removal is made and the date on which it was made, and send such license certificate to the chief of police, who shall cause to be written or stamped across the face of such certificate a statement signed by the city manager to the effect that the holder of such license has, on the date stated in such written notice, removed such bureau, agency, subagency, office or branch office from the place originally described in such written notice. Such license certificate with the endorsement thereon shall then be returned to the licensee named therein. (Ord. 4039) SEC. 38-19.   EMPLOYEES - NUMBER PERMITTED; RESPONSIBILITY OF EMPLOYER.    The holder of any license certificate issued pursuant to this chapter may employ to assist him in his work as a private detective and in the conduct of such business as many persons as he may deem necessary. The licensee shall at all times during such employment be legally responsible for the good conduct in the business of each and every person so employed. (Ord. 4039) SEC. 38-20.   SAME - CERTAIN PERSONS PROHIBITED FROM EMPLOYMENT.    No holder of any unexpired license certificate issued pursuant to this chapter shall knowingly employ in connection with his business in any capacity whatsoever any person who has been convicted of a felony, who has been discharged from a law enforcement agency for cause, whose private detective license was revoked or application for such license denied by the authorities of this city or any other city or state or who has been found guilty of illegally using, carrying or possessing a pistol or other dangerous weapon, buying or receiving stolen property or any offense indicating moral turpitude. Should the holder of an unexpired license certificate falsely state or represent that a person is or has been in his employ, such false statement or misrepresentation shall be sufficient cause for the revocation of such license. Any person falsely stating or representing that he is or has been a detective or employed by a detective agency, shall be guilty of a misdemeanor. (Ord. 4039) SEC. 38-21.   SAME - “EMPLOYEE’S STATEMENT” REQUIRED.    No person shall hereafter be employed by any holder of a license certificate issued pursuant to this chapter until he shall have executed and furnished to such license holder a verified statement, to be known as an “employee’s statement,” setting forth:    (a)   The employee’s full name, age and residence address.    (b)   His place of birth and the county of which he is a citizen.    (c)   The business or occupation engaged in for five years immediately preceding the date of the filing of the statement, setting forth the place where such business or occupation was engaged in and the name of employers, if any.    (d)   That he has not been convicted of a felony or any offense involving moral turpitude or any of the offenses described in Section 38-20.    (e)   Such further information as the city manager or chief of police may by rule require to show the good character, competency and integrity of the person executing the statement. (Ord. 4039) SEC. 38-22.   SAME - FINGERPRINTING.    Immediately upon the verification of an employee’s statement, the holder of the license certificate issued pursuant to this chapter by whom such person has been or is to be employed shall cause two sets of fingerprints of the two hands of such person to be recorded in such manner as the chief of police may by rule prescribe. The holder of the license certificate shall immediately stamp in indelible ink the employee’s statement and each set of fingerprints with the name, year and license certificate number of such holder and a number which number shall be determined by the number of such statements furnished to such holder and shall be in numerical sequence.    The holder of a license certificate shall affix one set of such fingerprints to the employee’s statement in such manner that the prints can be examined without disclosing the contents of the employee’s statement, and shall retain such statement and prints so long as he shall be licensed under this chapter by the city. The holder of a license certificate shall file the other set of fingerprints with the chief of police within 24 hours of such employment. Within five days after the filing of such fingerprints the chief of police shall cause such fingerprints to be compared with fingerprints filed with the identification bureau of the city and if any record of such prints are found he shall notify the holder of such license certificate. The chief of police may also from time to time cause such fingerprints to be checked with the state department of public safety or other official fingerprint files within or without this state, and if he finds such person has been convicted of a felony or other offense he shall immediately notify the holder of such license certificate. The chief of police or his authorized representative shall at all times be given access to and may from time to time examine the fingerprints retained by the holder of the license certificate provided in this article. No holder of a certificate shall file with the police department the fingerprints of a person other than the person so employed. (Ord. 4039) SEC. 38-23.   SAME - REVOCATION OF LICENSE.    (a)   The city council shall have the right and authority to revoke and cancel any license issued under the provisions of this chapter for cause upon a hearing duly had after five days’ notice to the licensee. In addition to the general authority contained in this code for the revocation of licenses, any license issued under the provisions of this article may be revoked by the city council for any of the following reasons:       (1)   If such licensee has knowingly violated any of the provisions of this chapter.       (2)   If any employee or operative of such licensee shall have knowingly violated any of the provisions of this chapter with permission and instructions from such licensee to do so.       (3)   If such licensee has knowingly made a false report to his client or other person entitled to receive such information in respect to any of the matters in which licensee may be employed.       (4)   If such licensee has knowingly and wrongfully divulged any confidential information which he may have acquired from or for his client to any person other than his client or other person authorized to receive such information and if such licensee has knowingly permitted or instructed any employee wrongfully to divulge any confidential information acquired from or for his client, in the event such employee or operative shall actually make such false report or wrongfully divulge such confidential information.       (5)   If such licensee has knowingly and wilfully sworn falsely in any judicial proceeding or suborned purjury therein, upon conviction of such licensee of such offense.       (6)   If such licensee, during the period of his employment by the client, shall accept money or gratuities from any person whose affairs he may have been employed by such client to investigate.    (b)   In the event any member of a firm or any officer or authorized local agent of a corporation holding a license issued pursuant to this chapter has done any of the things set forth in the foregoing provisions of this section, then the city council may revoke the license of such partnership, firm, company, or corporation. (Ord. 4039) SEC. 38-24.   DIVULGING OF CERTAIN INFORMATION PROHIBITED.    Any person who is or has been an employee or holder of a license shall not divulge to anyone other than his employer or as his employer may direct, except as he may be required by law, any information acquired by him during such employment in respect to any of the work to which he shall have been assigned by such employer. Any such employee violating the provisions of this section and any such employee who shall wilfully make a false report to his employer in respect to any such work shall be guilty of a misdemeanor. The employer of any employee believed to have violated this section shall, without any liability whatsoever upon such employer, supply the chief of police or such person as the chief of police may designate all the known facts and circumstances in connection with such employee’s transactions, performance or action believed to be in violation of this article and the chief of police or his authorized representative shall, should the facts and circumstances be deemed to warrant, conduct further investigation and submit the evidence thus acquired in the support of charges filed against such employee. (Ord. 4039) SEC. 38-25.   CERTAIN PERSONS EXEMPTED FROM PROVISIONS OF CHAPTER.    Nothing in this chapter shall apply to the following persons:    (a)   Any officer belonging to the police force of the United States, this state or any county, city, town or other municipal corporation appointed or selected by due authority of law insofar as their activities are concerned.    (b)   Any private special police officer, private guard or private patrol as provided for elsewhere in this code.    (c)   Any person engaged exclusively in the insurance business.    (d)   Any attorney or counselor at law in the legal practice of their profession, but such exemption shall not inure to the benefit of any employee or representative of such attorney or counselor at law who is not employed solely, exclusively and regularly by such attorney or counselor at law.    (e)   Any person or any bureau or agency whose business is exclusively the furnishing of information as to the business and financial standing and credit responsibility of persons or as to personal habits and financial responsibility of applicants for insurance, indemnity bonds or commercial credit or of claimants under insurance policies. (Ord. 4039) CHAPTER 38A PROMOTERS Sec. 38A-1.   Purpose. Sec. 38A-2.   Definitions. Sec. 38A-3.   Commercial promoter registration. Sec. 38A-4.   Commercial promoter registration fee. Sec. 38A-5.   Safety plan required. Sec. 38A-6.   Safety plan requirements. Sec. 38A-7.   Suspension. Sec. 38A-8.   Emergency response cost recovery. Sec. 38A-9.   Offenses. Sec. 38A-10.   Penalty. SEC. 38A-1.   PURPOSE.    The purpose of this chapter is to ensure promoted events are operated in a way that safeguards the residents, visitors, and employees attending promoted events. (Ord. 32239) SEC. 38A-2.   DEFINITIONS.    In this chapter:       (1)   COMMERCIAL PROMOTER means a person engaged in the business of commercial promotion, publicizing, planning, or production of a promoted event who receives all or a percentage of revenues from the sale of alcohol, food, beverages, fees charged to vendors, or fees charged to the public for admission.       (2)   COMMERCIAL PROMOTION includes publicizing, planning, or producing by any means a promoted event by a commercial promoter.       (3)   DIRECTOR means the director of the Office of Special Events or the director's designated representative.       (4)   OWNER means any part owner, joint owner, tenant in common, tenant in partnership, joint tenant, or tenant by the entirety, of the whole or of a part of such building or land.       (5)   PERSON means an individual, corporation, firm, government or governmental subdivision, partnership, joint venture, limited liability company, or other business entity.       (6)   PROMOTED EVENT means an indoor commercial event open to the public, or outdoor commercial event with an expected occupancy over 100 that is open to the public.          (A)   Promoted events include, but are not limited to:             (i)   music or dance shows that may include a disc jockey where fees may be charged to vendors or members of the public for participation or admission; or             (ii)   concerts, outdoor activities, and theatrical and other performances where fees are charged to vendors or members of the public for participation or admission.          (B)   A promoted event does not include:             (i)   an event that requires a special event permit or has been issued a special event permit under Chapter 42A;             (ii)    an event that occurs on city-owned property or at a city- owned facility with city permission;          (C)    an event that occurs at a location with a valid specific use permit and a certificate of occupancy for a use that allows the event; or          (D)   an event that is hosted by and produced for the benefit of a registered 501(c)(3) organization under 26 C.F.R. § 1.501(c)(3).       (7)   PROPERTY means real property and personal property.       (8)   VENUE OPERATOR means the person with control over a location and property where the action or event occurs. Venue operators may include commercial promoters, business owners, or business operators. (Ord. 32239) SEC. 38A-3.   COMMERCIAL PROMOTER REGISTRATION.    (a)   A person engaging in commercial promotion shall register with the city as a commercial promoter. Commercial promoter registration must be submitted on a form provided by the director for that purpose.    (b)   A complete commercial promoter registration application must contain the following information:       (1)   The legal name, street address, mailing address, electronic mailing address, and telephone number of the registrant.       (2)   Any aliases the registrant intends to use in connection with any commercial promotion.       (3)   The names, street addresses, mailing addresses, electronic mailing addresses, and telephone numbers of all partnerships, corporations, or other business entities (including DBAs) associated with the registrant that will appear on any marketing materials advertising, promoting, or producing a promoted event.       (4)   The name, street address, mailing address, electronic mailing address, and telephone number of a person or persons who can be contacted 24 hours a day, seven days a week, in the event of an emergency condition involving a promoted event connected to the registrant.       (5)   The name, street address, mailing address, electronic mailing address, and telephone number of the registered agent for the registrant, if any.       (6)   Tax identification number.       (7)   Such additional information as the registrant desires to include or that the director deems necessary to aid in the determination of whether the requested registration should be granted.    (c)   A registrant shall notify the director within 30 days after any change in the information contained in the commercial promoter registration.    (d)   A commercial promoter registration expires two years from the date of registration. Registrants may renew his or her registration for the next two- year period before the expiration of the current period, but not before 30 days prior to expiration. (Ord. 32239) SEC. 38A-4.   COMMERCIAL PROMOTER REGISTRATION FEE.    A fee of $175.00 must be paid to the Office of Special Events at the time of commercial promoter registration or renewal. The registration fee must be paid before an application is deemed complete. (Ord. 32239) SEC. 38A-5.   SAFETY PLAN REQUIRED.    (a)   In general. Promoted events must comply with the general safety plan or the event-specific safety plan on file with the director. The venue operator and the commercial promoter are responsible for operating a promoted event in compliance with a filed safety plan.    (b)   General safety plan.       (1)   A venue operator may file a general safety plan with the director that complies with Section 38A-6. A general safety plan may only serve as the safety plan for promoted events at the venue specified in the plan and for the type of promoted event specified in the plan.       (2)   A general safety plan must be signed by the venue operator.       (3)   A complete general safety plan must be submitted to the director at least 14 days before the first promoted event at the venue location using a general safety plan.    (c)   Event-specific safety plan.       (1)   If a venue does not have a general safety plan on file with the director, or if a promoted event deviates in any way from the general safety plan on file, the venue operator or commercial promoter must file an event- specific safety plan with the director that complies with Section 38A-6. An event-specific safety plan may only serve as the safety plan for the promoted event specified by date, time, and location in the plan.       (2)   An event-specific safety plan must be signed by the venue operator and the commercial promoter.       (3)   A complete event-specific safety plan must be submitted to the director at least five business days prior to the promoted event.    (d)   Availability. The safety plan must be kept on-site during the duration of each promoted event and be made immediately available upon request by a representative of the city. (Ord. 32239) SEC. 38A-6.   SAFETY PLAN REQUIREMENTS.    A safety plan must include the following:       (1)   The legal name, street address, mailing address, electronic mailing address, and telephone number of the property owner, venue operator, and any commercial promoters operating at the venue.       (2)   The registration number for each commercial promoter operating at the venue.       (3)   Street address of the promoted event.       (4)   Date(s) of the promoted event (for event-specific safety plans).       (5)   The promoted event beginning and ending times (for event-specific safety plans).       (6)   A description of the promoted event, including activities, programming, entertainment, and all vendors.       (7)   Maximum occupancy of indoor or outdoor spaces pursuant to the Chapter 16, "Dallas Fire Code," or Chapter 52, "Administrative Procedures for the Construction Codes of the Dallas City Code."       (8)   Maximum total number of tickets to be sold.       (9)   Expected total attendance and maximum expected attendance at any given time.       (10)   Parking, including service vehicle loading/unloading and any valet services used.       (11)   A description of any infrastructure built in connection with the promoted event such as stages and booths including the names and contact information for all contractors and other responsible parties building the infrastructure.       (12)   Set-up and tear-down process and post-event outdoor clean-up plan.       (13)   A crowd management plan that includes:          (A)   the number, location, and responsibilities of crowd management personnel;          (B)   all ingress, egress, and circulation of vehicular and pedestrian traffic, including emergency access for emergency responders;          (C)   outdoor queuing for event entry;          (D)   indoor queuing for food, beverages, merchandise, etc.; and          (E)   any information required by Chapter 16, "Dallas Fire Code."       (14)   A security management plan that includes:          (A)   the number, location (inside and outside), and responsibilities of security personnel, including the provider/agency and command structure;          (B)    the hours security personnel will be on site; and          (C)   incident report procedures.       (15)   First aid and medical information that includes:          (A)   name of providers, including command structure;          (B)   number and location of personnel and first aid and medical stations;          (C)   location of signage directing the public to first aid and medical stations; and          (D)   accident/incident report procedures.       (16)   If the promoted event includes alcohol, provide the Texas Alcoholic Beverage Commission license/permit number or specify if patrons may bring their own alcohol.       (17)   Noise abatement strategies.       (18)   The number and location of metal detectors, if any.       (19)   Whether pyrotechnics will be included in the promoted event.       (20)   Emergency contingencies, including event stoppage and evacuation. (Ord. 32239) SEC. 38A-7.   SUSPENSION.    The director may suspend a commercial promoter registration if the registrant has received, within the preceding 60 days, two or more notices of violation or citations related to lack of compliance with a safety plan or this chapter. A person may not submit a new registration application while his or her registration is suspended. (Ord. 32239) SEC. 38A-8.   EMERGENCY RESPONSE COST RECOVERY.    (a)   Purpose. This section is intended to protect the city from extraordinary operational and financial burdens resulting from the use of city resources in response to certain public safety incidents, demands for services, and criminal activity related to commercial promoter events in violation of this chapter. Emergency response cost recovery may only be used to preserve city resources and, to the extent permitted by law, allow emergency response cost recovery from the responsible party.    (b)   Definitions. In this section:       (1)   EMERGENCY RESPONSE means the provision, sending, or utilization of public service, police, firefighting, paramedics, rescue service, or any other agent of the city at a promoted event.       (2)   EXPENSE OF AN EMERGENCY RESPONSE means the direct and reasonable costs incurred by the city, or by a private person, corporation, or other entity operating at the request of or direction of the city, through the extraordinary use of public services, when making an emergency response to the promoted event, including the costs of providing police, firefighting, paramedics, or rescue services at the promoted event. These costs further include but are not limited to all of the salaries, wages, workers' compensation benefits, and fringe benefits of the city personnel responding to the incident; all salaries, wages, workers' compensation benefits, and fringe benefits of the city personnel engaged in investigation, supervision, and preparation of post-incident reports; cost of equipment operation, cost of materials obtained directly by the city, cost of any labor or materials, and any property damage.       (3)   RESPONSIBLE PARTY means:          (A)   any person that is responsible for, in whole or in part, or holds or promotes a promoted event, or allows a promoted event to be held, that did not use a commercial promoter registered with the city;          (B)    a person that is responsible for, in whole or in part, or holds or promotes a promoted event, or allows a promoted event to be held, with a commercial promoter registered without an approved safety plan or in violation of an approved safety plan; or          (C)   a person that owns the property where the emergency response is necessary.    (c)   Liability for expenses of emergency response. Any responsible party who is responsible for or contributes to any circumstance that results in an emergency response is liable for damages in the amount of the expense of the emergency response. The city may pursue cost recovery fees and expenses for an emergency response in connection with a promoted event that:       (1)   is promoted by a person who is not registered as a commercial promoter with the city; or       (2)   operates without an approved safety plan or in violation of an approved safety plan.    (d)   Enforcement, billing, and collection of emergency response costs. Any responsible party who is liable for the expense of an emergency response will be in default if the responsible party fails to reimburse the city within 30 days of receiving notice of the expense of the emergency response. The city will pursue collection if the responsible party who is liable for the expense of an emergency response refuses to reimburse the city. (Ord. 32239) SEC. 38A-9.   OFFENSES.    (a)   A person commits an offense if the person promotes or conducts a promoted event, or allows a promoted event to be held:       (1)   while not registered in compliance with this chapter;       (2)   without an approved safety plan; or       (3)   in violation of an approved safety plan.    (b)   A person commits an offense if he or she is the individual named as the contact person for the promoted event and fails to meet police officers or code enforcement officers at the site of the promoted event within one hour of being contacted by a representative of the city by telephone or email.    (c)   The culpable mental state required for the commission of an offense under this chapter is governed by Section 1-5.1 of this code.     (d)   This chapter may be enforced by the director of the office of special events, the director of the department of code compliance, the chief of police, the fire chief, or their designated representatives. (Ord. 32239) SEC. 38A-10.   PENALTY.    (a)   Each offense is punishable by a fine not to exceed:       (1)   $2,000 for a violation of a provision of this chapter or a requirement of a permit governing fire safety, zoning, or public health and sanitation; or       (2)   $500 for all other violations of this chapter.    (b)   A person who violates a provision of this chapter or a requirement of a safety plan under this chapter is guilty of a separate offense for each day or part of a day during which the violation is committed or continued. (Ord. 32239) CHAPTER 39 RAILROADS ARTICLE I. PURPOSE, DEFINITIONS. Sec. 39-1.   Purpose. Sec. 39-2.   Definitions. ARTICLE II. ENFORCEMENT, DECISION MAKING, REPORTING DUTIES. Sec. 39-3.   Enforcement. Sec. 39-4.   The subcommittee. Sec. 39-5.   Reporting duties and requests for city action. ARTICLE III. GENERAL REGULATIONS. Sec. 39-6.   Transporting hazardous materials and shiftable load materials. Sec. 39-7.   Transporting loose materials. Sec. 39-8.   Operating railroad cars without engines. Sec. 39-9.   Ringing bell. Sec. 39-10.   Sounding whistle or horn. Sec. 39-11.   Jumping off or clinging to trains. Sec. 39-12.   Running switches. Sec. 39-13.   Right-of-way fencing. Sec. 39-14.   Blocking of streets. Sec. 39-15.   Taxicabs and buses - Use of designated parking places. ARTICLE IV. MAINTENANCE AND CONSTRUCTION STANDARDS. Sec. 39-16.   Adoption of FRA track safety standards. Sec. 39-17.   Railroad tracks. Sec. 39-18.   Adoption of the 1980 AREA Manual for Railway Engineering. Sec. 39-19.   Grade crossings. Sec. 39-20.   Standards for FRA class 5 track, FRA class 6 track, and special class track. ARTICLE V. VERIFICATION OF TRACK CLASS FOR SPEED LIMITS. Sec. 39-21.   Verification procedure. Sec. 39-22.   Notification of railroad company. Sec. 39-23.   Posting of speed limit signs. Sec. 39-24.   Appeal of director’s action. Sec. 39-25.   Interim speeds. ARTICLE VI. MAXIMUM SPEED LIMITS. Sec. 39-26.   Without verification. Sec. 39-27.   With verification. Sec. 39-28.   Train operation in reverse. ARTICLE I. PURPOSE, DEFINITIONS. SEC. 39-1.   PURPOSE.    The regulations in this chapter have been established to promote the health, safety, and general welfare of the citizens of the city by providing for the reasonable and safe operation of all railroad traffic operating within the city. (Ord. 18100) SEC. 39-2.   DEFINITIONS.    In this chapter, unless the context requires otherwise:    (1)   AREA means the American Railway Engineering Association.    (2)   CITY means the city of Dallas.    (3)   COMMITTEE means the citizen’s safety advisory committee.    (4)   DEPARTMENT means the department of the city designated by the city manager to enforce and administer this chapter.    (5)   DIRECTOR means the director of the department and any authorized representative of the director.    (6)   FRA means the Federal Railroad Administration.    (7)   HAZARDOUS MATERIAL means “hazardous material,” “hazardous substance,” or “hazardous waste” as defined in Section 171.8, Part 171, Subchapter C, Chapter 1, Subtitle B, Title 49, Code of Federal Regulations.    (8)   LOCAL means residing or situated within the city.    (9)   LOOSE MATERIAL means dirt, sand, gravel, or other material that is capable of blowing or spilling from a railroad car as a result of movement or exposure to air, wind currents or weather.    (10)   MAIN RAILROAD LINE means the following railroad lines. Any other railroad line within the city is considered a switch or spur line.       (A)   Main Lines of the Atchison, Topeka and Santa Fe Railroad (“SF”).          (i)   Line SF1 is directionally described as follows: From the south city limits near its intersection with Red Bird Lane northward to Ledbetter Drive to Loop 12 (Walton Walker Boulevard), then northeasterly to Cockrell Hill Road, Westmoreland Road, Hampton Road, Tyler Street, then easterly to Zang Boulevard, then northeasterly to Marsalis Avenue, Corinth Street and the Trinity River, to Lamar Street, to South Central Expressway to the east Dallas yards at Good-Latimer Expressway.          (ii)   Line SF2 is directionally described as follows: From the east Dallas yards at Good- Latimer Expressway northeasterly to Haskell Avenue, Peak Street, Munger Boulevard, Beacon Street, West Shore Drive, then southeasterly to East Grand Avenue to the Southern Pacific Railroad Belt Line to White Rock Creek, then northeasterly to Highland Road, Lakeland Drive, Peavy Road, Barnes Bridge Road, to the Garland city limits near IH 635.          (iii)   Line SF3 is directionally described as follows: Northwesterly from Line 2 north of Northwest Highway to the Garland city limits at IH 635, then northwestward from the Garland city limits at Jupiter Road to Kingsley Road, Plano Road, then northerly to Miller Road, Skillman Street, Walnut Street, to the north city limits at Buckingham Road, then westerly from the Plano city limits being approximately 2680 feet east of Preston Road near Coit Road to 1250 feet west of Preston Road to Dallas Parkway to the west city limits near Midway Road.       (B)   Main Lines of the former Chicago, Rock Island and Pacific Railroad (“RI”).          (i)   Line RI1 is directionally described as follows: From near Corinth Street northwestward to Union Station, Continental Avenue, Oak Lawn Avenue, Industrial Boulevard to Motor Street, to Inwood Road, Mockingbird Lane, then westward to the city limits at the Trinity River.       (C)   Main Lines of the Missouri-Kansas- Texas Railroad (“MKT”).          (i)   Line MKT1 is directionally described as follows: From the south city limits near Wintergreen Road northward to Cleveland Road, IH 635, Simpson Stuart Road, Ledbetter Drive (Loop 12), Illinois Avenue, Overton Road, Sargent Road, Martin Luther King Boulevard, Corinth Street to Union Station.          (ii)   Line MKT2 is directionally described as follows: From Union Station northward and northwestward to Continental Avenue, Oak Lawn Avenue, crossing Harry Hines Boulevard, to Lucas Drive, Amelia Street, Maple Avenue, Inwood Road, Mockingbird Lane, Shorecrest Drive, Webb Chapel Extension, Northwest Highway (Loop 12), Walnut Hill Lane, Royal Lane, Forest Lane, IH 635, to the north city limits, 0.5 miles north of IH 635.          (iii)   Line MKT3 is directionally described as follows: From Line 2 near Harry Hines Boulevard and McKinnon Street northeasterly to Maple Avenue, Lemmon Avenue, Fitzhugh Avenue, Knox Street, Mockingbird Lane, Abrams Road, Northwest Highway (Loop 12), then northward to White Rock Creek, Kingsley Road, Miller Road, then northeasterly to Audelia Road, IH 635, Plano Road to the east city limits east of Plano Road.       (D)   Main Lines of the Missouri Pacific Railroad (“MP”).          (i)   Line MP1 is directionally described as follows: From the west city limits southwest of the intersection of IH 30 and Loop 12 easterly to Chalk Hill Road, Westmoreland Road, Hampton Road, Sylvan Avenue to the Trinity River to Union Station.          (ii)   Line MP2 is directionally described as follows: From the Missouri Pacific Junction with the Southern Pacific Railroad Belt Line east of Hatcher Street easterly to Military Parkway, Jim Miller Road, Buckner Boulevard, Prairie Creek Road, to the east city limits near Sam Houston Road.       (E)   Main Lines of the St. Louis-San Francisco Railroad (“FR”).          (i)   Line FR1 is directionally described as follows: From the west city limits at the Trinity River Elm Fork northward to California Crossing, Northwest Highway (Spur 348), Royal Lane, IH 635, to the north city limits, 0.25 miles north of IH 635.       (F)   Main Lines of the St. Louis Southwestern Railroad (“SL”).          (i)   Line SL1 is directionally described as follows: From the west city limits at Dallas Parkway northeasterly to Preston Road, Campbell Road, Hillcrest Road, Coit Road to the east city limits, 0.75 miles east of Coit Road.       (G)   Main Lines of the Southern Pacific Railroad (“SP”).          (i)   Line SP1 is directionally described as follows: From the south city limits south of Kleberg Road northwestward to South Belt Line Road, Jordan Valley Road, IH 635, Haymarket Road, St. Augustine Road, US 175, Buckner Boulevard (Loop 12), Jim Miller Road, Lake June Road, then northerly to Bruton Road, then westward to Lawnview Avenue, to the Southern Pacific Railroad Belt Line (SP3) east of Hatcher Street.          (ii)   Line SP2 is directionally described as follows: From the south city limits at IH 635 northward to McCommas Bluff Road, Simpson Stuart Road, Ledbetter Drive (Loop 12), Linfield Road, the Trinity River to the Southern Pacific Railroad Belt Line (SP3) at Municipal Street.          (iii)   Line SP3 is directionally described as follows: Southern Pacific Railroad Belt Line from Union Station southward to Corinth Street to Martin Luther King Boulevard, IH 45, Lamar Street, then northward to Municipal Street, US 175, Macon Street, Second Avenue, Scyene Road (SH 352), the Missouri Pacific Junction, Military Parkway, IH 30, the Santa Fe Railroad, East Grand Avenue, Mockingbird Lane, the MKT Railroad, Northwest Highway (Loop 12), Abrams Road, Skillman Street, Park Lane, Walnut Hill Lane, Greenville Avenue, White Rock Creek, Forest Lane, IH 635, Restland Road, to the north city limits south of Spring Valley Road.    (11)   PERSON means an individual, firm, partnership, association, corporation, or other legal entity.    (12)   RAILROAD COMPANY means a person owning or operating trains on a railroad line within the city.    (13)   SLOW ORDER means a written or verbal instruction to a railroad company from the FRA, the city or the railroad company itself requiring the railroad company to reduce the speed of its trains on the portion of track referred to in the order because of conditions adversely affecting the safe operation of railroad traffic on that track.    (14)   SWITCH OR SPUR RAILROAD LINE means any railroad line within the city, not designated as a main railroad line.    (15)   TRAIN means any of the following:       (A)   Any number of railroad engines, cars, or service vehicles operated as a unit.       (B)   Railroad engines operated singly.       (C)   Self-powered railroad cars.    (16)   SHIFTABLE LOAD MATERIAL means brick, lumber, pipes, or other material capable of shifting within or falling from a railroad car as a result of the movement of the railroad car or the failure of load securing devices. (Ord. Nos. 18100; 22026) ARTICLE II. ENFORCEMENT, DECISION MAKING, REPORTING DUTIES. SEC. 39-3.   ENFORCEMENT.    (a)   Enforcement authority. The provisions of this chapter shall be administered and enforced by the director. For this purpose, the director shall have police power necessary to secure compliance with the provisions of this chapter.    (b)   Designation of local railroad company official. Each railroad company shall designate a local official who is an employee of the railroad company to be available for notification by the director. This designation shall be in writing to the director and shall include the information necessary to enable the director to contact the designated official in emergencies. The designated official shall be available at all times.    (c)   Notification of violations by the director. The director shall notify, in writing, the FRA and the responsible railroad company of any violation of the provisions of this chapter. This written notification shall list all particulars of the alleged violation with sufficient detail to enable the United States Attorney General to seek prosecution under federal regulations.    (d)   Penalty for violation. Upon conviction, a person who violates a provision of this chapter is punishable by a fine not to exceed $500. A person who violates a provision of this chapter is guilty of a separate offense for each day or portion of a day during which the violation is committed, continued or permitted.    (e)   Repeat violations. Whenever three or more violations are committed in any calendar year by the same railroad company, the director shall notify, in writing, the chairman of the committee and the responsible railroad company.    (f)   Exception. This chapter does not apply to a public transportation authority chartered by the state or to any railroad tracks owned or operated by a public transportation authority chartered by the state. (Ord. Nos. 18100; 19963) SEC. 39-4.   THE SUBCOMMITTEE.    (a)   Creation of the railroad subcommittee. The chair of the committee is authorized to form a railroad subcommittee to provide better communication between the railroad companies and the city. If formed, the committee chair is authorized to appoint a representative from each railroad company and from the police department, fire-rescue department, and department of transportation of the city to serve as ex officio members of the subcommittee.    (b)   Powers and duties of the subcommittee. The subcommittee has the following powers and duties:       (1)   To review railroad operations for public safety.       (2)   To recommend revisions to this chapter relating to the safety of rail operations. (Ord. Nos. 18100; 22026; 28424; 30239; 30654) SEC. 39-5.   REPORTING DUTIES AND REQUESTS FOR CITY ACTION.    (a)   Reports to the director. Beginning January 1984, each railroad company shall furnish to the director complete operating and engineering data as specified by the director, including, but not limited to, the following information:       (1)   main lines in operation;       (2)   spurs being served;       (3)   a copy of the latest FRA inspection report for each main line;       (4)   a copy of the latest United States Department of Transportation’s AAR crossing inventory form for each grade crossing;       (5)   an outline of any major maintenance or rehabilitation projects undertaken;       (6)   the number of through trains each day of the week and their average speed and length for each main line;       (7)   the number of switch moves each day of the week and their average speed and length for each main line and each spur line;       (8)   the approximate time of day reference for each train;       (9)   hazardous materials movements and procedures;       (10)   new crossing protection or grade separations.    (b)   Supplemental reports. Every January and July after the filing of its initial report, each railroad company shall furnish to the director changes in any data required to be furnished in the initial report under Subsection (a).    (c)   Accident reports. Each railroad company shall furnish to the director a copy of the FRA accident report within 72 hours of any accident involving track conditions, hazardous materials, or a motor vehicle collision with a train.    (d)   Slow orders. Each railroad company shall notify the director within 48 hours of the imposition of any slow orders issued by the FRA if the slow orders are related to track or structure conditions.    (e)   Requests for city action.       (1)   A railroad company may request the director to bring proposed revisions to this chapter before the city council. These requests may include the following topics:          (A)   rail operations;          (B)   closure of hazardous or little-used grade crossings;          (C)   speed limits; or          (D)   any other matter requiring city action for the railroad company to conduct its business.       (2)   The director shall forward all requests to the committee for review and recommendation. The director shall forward requests to the city council within 90 days of receipt, whether or not the committee has acted on the request. (Ord. 18100) ARTICLE III. GENERAL REGULATIONS. SEC. 39-6.   TRANSPORTING HAZARDOUS MATERIALS AND SHIFTABLE LOAD MATERIALS.    (a)   Transporting hazardous materials. A railroad company commits an offense if it transports hazardous materials over:       (1)   any railroad spur track in the city which does not meet at least FRA class 1 standards; or       (2)   any railroad main line track in the city which does not meet at least FRA class 2 standards. For purposes of this subsection, a temporary slow order does not change track classification.    (b)   Transporting both hazardous materials and shiftable load materials. A railroad company transporting both hazardous materials and shiftable load materials on one train commits an offense if it fails to separate each railroad car transporting hazardous materials from each railroad car transporting shiftable load materials in compliance with FRA standards. (Ord. 18100) SEC. 39-7.   TRANSPORTING LOOSE MATERIALS.    A railroad company transporting loose materials commits an offense if it fails to transport the loose materials in a manner which prevents the escape of any part of the load due to blowing or spilling. (Ord. 18100) SEC. 39-8.   OPERATING RAILROAD CARS WITHOUT ENGINES.    (a)   A person commits an offense if he operates a railroad car without an engine across or along any public street or highway within the city.    (b)   It is a defense to prosecution under Subsection (a) if:       (1)   the railroad car is self-powered and is equipped with FRA standard signalling and lighting devices for warning of the railroad car’s approach; or       (2)   a flagman is present at each traffic approach. (Ord. 18100) SEC. 39-9.   RINGING BELL.    (a)   A person commits an offense if he operates a train within the city and fails to sound the train’s bell or audible warning device:       (1)   before starting the train; or       (2)   upon approaching any street crossing within the city.    (b)   It is a defense to prosecution under Subsection (a) of this section if the train’s movements are within railroad yards. (Ord. 18100) SEC. 39-10.   SOUNDING WHISTLE OR HORN.    A person commits an offense if he operates a train within the city and fails to sound the train’s whistle or horn at least 1320 feet from any public street or highway before crossing the street or highway. (Ord. 18100) SEC. 39-11.   JUMPING OFF OR CLINGING TO TRAINS.    A person commits an offense if he jumps off or clings to a train while the train is in motion. It is a defense to prosecution under this section if the person is a paying train passenger or an employee or official of the railroad company operating or owning the train. (Ord. 18100) SEC. 39-12.   RUNNING SWITCHES.    (a)   Definition. RUNNING SWITCH, in this section, means the method of changing railroad cars from one track to another track in the process of making or unmaking trains. This method involves bringing the railroad cars to a certain grade, detaching the cars from the railroad engine, and allowing the cars to run to other cars or places on a different track without the control of a brake, a brakeman, an engine, an engineer, or any other person. The term “running switch” is also referred to as “kicking cars.”    (b)   Running switches. A person commits an offense if he makes a “running switch” across or along any public street or highway within the city.    (c)   It is a defense to prosecution under Subsection (b) if:       (1)   a flagman is present at each traffic approach; or       (2)   any crossing at which a “running switch” is made is equipped with automatic gates. (Ord. 18100) SEC. 39-13.   RIGHT-OF-WAY FENCING.    A railroad company commits an offense if it fences its right-of-way within the city:       (1)   with barbed wire that begins less than seven feet above the ground; or       (2)   in such a manner that the fencing obstructs a public street or highway extending to or across the right-of-way. (Ord. 18100) SEC. 39-14.   BLOCKING OF STREETS.    If a city street crossing has been obstructed by a train for more than five consecutive minutes, the railroad company owning or operating the train commits an offense if it allows its trains to again cross the city street within the next five consecutive minutes or before waiting traffic has cleared the crossing, whichever occurs first. (Ord. 18100) SEC. 39-15.   TAXICABS AND BUSES - USE OF DESIGNATED PARKING PLACES.    (a)   Taxicabs. While waiting for employment at any railroad depot in the city, a driver of a taxicab commits an offense if he stops in a parking place not designated by the director for use by taxicabs.    (b)   Buses. While waiting for employment at any railroad depot in the city, a driver of a bus commits an offense if he stops in a parking place not designated by the director for use by buses. (Ord. 18100) ARTICLE IV. MAINTENANCE AND CONSTRUCTION STANDARDS. SEC. 39-16.   ADOPTION OF FRA TRACK SAFETY STANDARDS.    (a)   Sections 213.1 through 213.241, excluding Section 213.9(a), of Part 213, Chapter II, Subtitle B, Title 49, Code of Federal Regulations, providing Federal Railroad Administration track safety standards, are incorporated into this chapter.    (b)   A reference in this chapter to an FRA standard refers to a track safety standard in the federal regulations listed in Subsection (a) of this section.    (c)   The director shall keep a copy of the federal regulations in the director’s permanent files. The federal regulations shall be available for public inspection.    (d)   If a provision in the federal regulations listed in Subsection (a) of this section conflicts with a provision in this chapter, the federal regulation provision prevails. (Ord. 18100) SEC. 39-17.   RAILROAD TRACKS.    A railroad company shall maintain its railroad tracks within the city in accordance with FRA standards. (Ord. 18100) SEC. 39-18.   ADOPTION OF THE 1980 AREA MANUAL FOR RAILWAY ENGINEERING.    (a)   Chapter 9 of the 1980 AREA Manual for Railway Engineering is incorporated into this chapter. A reference in this chapter to an AREA standard refers to a standard in the manual.    (b)   The director shall keep a copy of the manual in the director’s permanent files. The manual shall be available for public inspection.    (c)   If a provision in the manual conflicts with a provision in this chapter, the chapter provision prevails. (Ord. 18100) SEC. 39-19.   GRADE CROSSINGS.    (a)   Standards. A railroad company shall maintain its city grade street crossings, signs, signals, automatic gates, and floodlighting in accordance with AREA standards.    (b)   Minimum crossing standards. A railroad company shall insure that its railroad tracks crossing city streets meet at least FRA class 1 standards. (Ord. 18100) SEC. 39-20.   STANDARDS FOR FRA CLASS 5 TRACK, FRA CLASS 6 TRACK, AND SPECIAL CLASS TRACK.    (a)   Definitions. In this section:       (1)   SPECIAL CLASS TRACK means track verified by the director, as described in Article V of this chapter, for the operation of trains at unlimited speeds greater than 110 miles per hour.       (2)   The following terms have the meanings given them by the federal regulations adopted in Section 39-16 of this chapter:          (A)   FRA CLASS 5 TRACK; and          (B)   FRA CLASS 6 TRACK.    (b)   Standards. A railroad company shall construct, improve and maintain its FRA class 5, FRA class 6, and special class track in accordance with standards recommended by the director and approved by the city council for each individual line.    (c)   Procedure.       (1)   Railroad company’s submission. Before constructing or improving any track to qualify as FRA class 5, FRA class 6, or special class track, a railroad company shall submit to the director all plans and specifications for the proposed construction or improvements.       (2)   Director’s recommendation.          (A)   After 90 days from receipt of the railroad company’s plans and specifications, the director shall recommend to the city council whether or not the plans and specifications are sufficient to merit the higher speed limits designated by Section 39-27(b)(2) to correspond to FRA class 5, FRA class 6, and special class track.          (B)   The director shall notify the railroad company of his recommendation at least 30 days before council action. The director’s notification shall be in writing and sent by certified mail, return receipt requested.       (3)   Public hearing.          (A)   The city council shall hold a public hearing to consider the railroad company’s plans and specifications. Notice shall be published once in the official newspaper of the city 10 days before the hearing.          (B)   After the public hearing, the city council may accept or reject the railroad company’s plans and specifications. (Ord. 18100) ARTICLE V. VERIFICATION OF TRACK CLASS FOR SPEED LIMITS. SEC. 39-21.   VERIFICATION PROCEDURE.    (a)   Upon request by a railroad company for verification of its track, the department shall prepare an on-site survey of the railroad company’s operational track within the city. The survey may be based upon:       (1)   engineering data previously furnished to the director by the railroad company as described in Section 39-5(a); and       (2)   the department’s independent investigation of any crossing conditions and operations relevant to a speed limit determination.    (b)   Based upon the department’s survey, the director shall verify the railroad company’s operational track within the city by confirming the track to be:       (1)   FRA class 1 track;       (2)   FRA class 2 track;       (3)   FRA class 3 track;       (4)   FRA class 4 track;       (5)   FRA class 5 track;       (6)   FRA class 6 track; or       (7)   special class track. (Ord. 18100) SEC. 39-22.   NOTIFICATION OF RAILROAD COMPANY.    Within five days of verification, the director shall notify the railroad company of the speed limit authorized for that railroad company’s track. The director’s notification shall be in writing and sent by certified mail, return receipt requested. (Ord. 18100) SEC. 39-23.   POSTING OF SPEED LIMIT SIGNS.    (a)   In general. Within 30 days of verification, the railroad company shall certify to the director that the new speed limit has been posted in accordance with FRA standards.    (b)   Motorist warning signs. To warn city motorists of train operating speeds in excess of 40 miles per hour, the director shall cause to be posted at the railroad company’s expense a “Fast Trains” sign at each traffic approach to a grade crossing. The “Fast Trains” sign shall be posted no closer than 200 feet from the crossing, preferably below and on the same post holding a standard round warning sign prescribed by the “Manual and Specifications” approved by the State Highway Commission and described in Section 28-27 of Chapter 28 of this code. The “Fast Trains” sign shall not be posted farther from the crossing than the standard round warning sign. (Ord. 18100) SEC. 39-24.   APPEAL OF DIRECTOR’S ACTION.    Within 10 days after receiving notice of verification, the railroad company may file a written appeal of the director’s action with the city manager. In support of its appeal, the railroad company may submit engineering data and accident reports for the tracks concerned. The city manager shall, within 10 days after the appeal is filed, consider all the evidence in support of or against the action appealed, and render a decision either sustaining or reversing the action. If the city manager sustains the action, the railroad company may within 10 days of that decision file a written appeal with the city secretary to the city council setting forth specific grounds for the appeal. Within 30 days the city council shall hear the appeal. The city council may affirm, modify, or reverse the action appealed. Until a final determination is made by the city council, the speed limit before or after verification, whichever is lower, shall be in effect. The decision of the city council is final. (Ord. 18100) SEC. 39-25.   INTERIM SPEEDS.    For 90 days following verification, the interim speed limits provided in Section 39-27(b) of this chapter shall be in effect to allow for motorist and resident familiarization and review by the director of the appropriateness of the track class verification and corresponding speed limit. Unless the director requests reconsideration of the track class verification, the permanent speed limits provided in Section 39-27(b) shall take effect at the end of 90 days if all signs have been posted in accordance with Section 39-23. (Ord. 18100) ARTICLE VI. MAXIMUM SPEED LIMITS. SEC. 39-26.   WITHOUT VERIFICATION.    (a)   In general. A railroad company that has not obtained verification of its track class under Article V of this chapter commits an offense if it operates a train on:       (1)   a main line track at a speed greater than 25 miles per hour;       (2)   a spur or switch track crossing a public street within the city at a speed greater than 10 miles per hour if the crossing is not protected by automatic gates; or       (3)   a spur or switch track crossing a public street within the city at a speed greater than 25 miles per hour if the crossing is protected by automatic gates or is grade separated.    (b)   Track crossings not protected by automatic gates - when visibility is impaired.       (1)   Director’s recommendation.          (A)   If the director determines that traffic visibility is inadequate from any public street crossed by a track not protected by automatic gates, the director shall recommend to the city council a speed limit less than 25 miles per hour for trains using that track crossing.          (B)   The director’s speed limit recommendation to the city council shall include a recommended distance from the track crossing within which the railroad company shall observe the lower speed limit.          (C)   The director shall notify the railroad company of his recommendation at least 30 days before council action. The director’s notification shall be in writing and sent by certified mail, return receipt requested.       (2)   Public hearing.          (A)   If the city council determines that the proposed speed limit reduction does not warrant a public hearing, the city council may approve the speed limit by a majority vote.          (B)   If the city council determines that the proposed speed limit reduction requires a public hearing, the director shall send written notice of a public hearing on the proposed speed limit reduction to all railroad companies owning or operating trains on the track crossing under consideration and to all owners of real property lying within 200 feet of the track crossing under consideration. The measurement of 200 feet includes streets and alleys.          (C)   The written notice must be given not less than 10 days before the date set for the hearing by depositing the notice in the United States mail, properly addressed to:             (i)   the railroad companies as evidenced by the director’s list of designated local railroad company officials; and             (ii)   the property owners as evidenced by the last approved city tax roll.          (D)   After a public hearing, the city council may approve the speed limit reduction by a majority vote.       (3)   Notification of railroad company. Within five days of council action, the director shall notify the railroad company of the speed limit authorized for that railroad company’s track crossing. The director’s notification shall be in writing and sent by certified mail, return receipt requested. (Ord. 18100) SEC. 39-27.   WITH VERIFICATION.    (a)   In general. If a railroad company has obtained verification of its track class under Article V of this chapter, the railroad company shall not operate a train on a track at a speed greater than the speed applicable to that specific track class as described in Subsection (b) of this section.    (b)   Criteria and corresponding train speeds.       (1)   Definitions. In this section:          (A)   INTERIM SPEEDS means those speed limits in effect for 90 days after authorization of a permanent speed limit. See Section 39-25.          (B)   MAXIMUM SPEEDS means those speed limits set forth in this subsection, except as provided by FRA regulations. See Section 39-16; see Title 49, Code of Federal Regulations, Part 213 (1982), Sections 213.9(b) and (c), 213.57(b), 213.59(a), 213.105, 213.113(a) and (b), and 213.137(b) and (c).          (C)   NOISE LEVEL means the average sound pressure level measured in accordance with the requirements of Part 201, Subchapter G, Chapter 1, Title 40, Code of Federal Regulations, providing noise emission standards for transportation equipment.          (D)   SPECIAL CLASS TRACK is defined in Section 39-20(a).       (2)   Schedule of criteria and corresponding train speeds. TRACK ROAD RIGHT- OF- NOISE TRAIN SPEEDS (MILES PER HOUR) CLASS CROSSING WAY LEVEL HAZARDOUS FREIGHT PASSENGER PROTECTION FENCING MATERIALS INTERIM MAXIMUM INTERIM MAXIMUM TRACK ROAD RIGHT- NOISE TRAIN SPEEDS (MILES PER HOUR) CLASS CROSSING OF-WAY LEVEL HAZARDOUS FREIGHT PASSENGER PROTECTION FENCING MATERIALS INTERIM MAXIMUM INTERIM MAXIMUM Signing and See F.R.A. striping None 90 dbA Section 10 10 15 15 CLASS 1 according 39-6(a) to state (1) law F.R.A. Flashing None 90 dbA 10 25 25 25 25 CLASS 2 lights F.R.A. Gates or CLASS 3 grade NOTE 1 90 dbA 25 30 40 40 50 separation F.R.A. Gates 35 50 40 60 CLASS 4 Grade NOTE 1 90 dbA 40 40 60 50 80 separation F.R.A. Gates 40 60 50 70 CLASS 5 Grade NOTE 2 90 dbA 50 50 80 60 90 separation F.R.A. Gates 50 80 60 90 CLASS 6 Grade NOTE 2 90 dbA 60 70 110 80 110 separation Special Grade NOTE 2 90 dbA 80 No Limit No Limit No Limit No Limit Class separation Note 1 - At least 4 foot fencing within 200 feet of existing residential development, parks, schools, churches or other high pedestrian traffic locations as ordered by the director, except where natural terrain features provide an equivalent barrier. Note 2 - At least 6 foot fencing providing protection against access by the public to the right-of-way at all locations      (c)   FRA class 1 and class 2 track crossings - when visibility is impaired.       (1)   Director’s recommendation.          (A)   If the director determines that traffic visibility is inadequate from any public street crossed by a FRA class 1 or class 2 track, the director may recommend to the city council a speed limit lower than the speed limit applicable to that specific track class provided in Section 39-27(b).          (B)   The director’s speed limit recommendation shall include a recommended distance from the track crossing within which the railroad company shall observe the lower speed limit.          (C)   The director shall notify the railroad company of his recommendation at least 30 days before council action. The director’s notification shall be in writing and sent by certified mail, return receipt requested.       (2)   Public hearing.          (A)   If the city council determines that the proposed speed limit reduction does not warrant a public hearing, the city council may approve the speed limit by a majority vote.          (B)   If the city council determines that the proposed speed limit reduction requires a public hearing, the director shall send written notice of a public hearing on the proposed speed limit reduction to all railroad companies owning or operating trains on the track crossing under consideration and to all owners of real property lying within 200 feet of the track crossing under consideration. The measurement of 200 feet includes streets and alleys.          (C)   The written notice must be given not less than 10 days before the date set for the hearing by depositing the notice in the United States mail properly addressed to:             (i)   the railroad companies as evidenced by the director’s list of designated local railroad company officials; and             (ii)   the property owners as evidenced by the last approved city tax roll.          (D)   After a public hearing, the city council may approve the speed limit reduction by a majority vote.       (3)   Notification of railroad company. Within five days of council action, the director shall notify the railroad company of the speed limit authorized for that railroad company’s track crossing. The director’s notification shall be in writing and sent by certified mail, return receipt requested. (Ord. 18100) SEC. 39-28.   TRAIN OPERATION IN REVERSE.    A person commits an offense if he operates a train in reverse across any public street within the city at a speed greater than 10 miles per hour. It is a defense to prosecution under this section if lookout and signalling (bell, whistle and lights) are provided in the lead car in compliance with FRA standards. (Ord. 18100) CHAPTER 39A RELOCATION ASSISTANCE - EMINENT DOMAIN Sec. 39A-1.   Purpose; scope of chapter. Sec. 39A-2.   Definitions. Sec. 39A-3.   Code enforcement, rehabilitation, or demolition program. Sec. 39A-4.   Reserved. Sec. 39A-5.   Reserved. Sec. 39A-6.   Reserved. Sec. 39A-7.   Appeals. Sec. 39A-8.   Records. SEC. 39A-1.   PURPOSE; SCOPE OF CHAPTER.    (a)   The purpose of this chapter is to provide a relocation assistance program pursuant to Section 21.046 of the Texas Property Code, as amended. The city hereby adopts, as its relocation assistance program, the URA and the provisions in this chapter governing a code enforcement, rehabilitation, or demolition program.    (b)   The provisions of this chapter shall apply only to city of Dallas projects and code enforcement, rehabilitation, or demolition programs. The provisions of this chapter shall be performed by the city manager. All departments involved in land acquisition and a code enforcement, rehabilitation, or demolition program shall cooperate to the fullest extent to achieve the purposes of this chapter.    (c)   Damages and costs within the purview of this chapter shall not be considered elements of market value or damage and shall not be recoverable in any eminent domain proceeding instituted by or against the city of Dallas.    (d)   The city manager is hereby directed to comply with all regulations of any agency of the federal government, relating to land acquisition, relocation assistance, moving expenses, and replacement housing payments, when any such agency is rendering financial assistance to any city of Dallas project. (Ord. Nos. 13680; 30694) SEC. 39A-2.   DEFINITIONS.    The terms used in this chapter have the meanings ascribed to them in the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, or as defined below:    CITY MANAGER means the city manager or the city manager's designee.    CODE ENFORCEMENT, REHABILITATION, OR DEMOLITION PROGRAM means an official order issued by the fire marshal, building official, or the city's health officer, or their designees, and which, notwithstanding Section 21.046(e) of the Texas Property Code, as amended, is unrelated to real property title acquisition.    URA means the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and applicable regulations. (Ord. Nos. 13680; 20613; 29478; 30694) SEC. 39A-3.   CODE ENFORCEMENT, REHABILITATION, OR DEMOLITION PROGRAM.    (a)   A person is considered displaced when, as a direct result of a code enforcement, rehabilitation, or demolition program, the person permanently moves or discontinues a business, permanently moves personal property, or permanently moves from a dwelling.    (b)   A person who is displaced under this section shall be treated as a displaced person under the URA.    (c)   Whenever, due to a code enforcement, rehabilitation, or demolition program, a person is required to temporarily vacate or evacuate property, the occupant of the property may receive temporary housing payments, for a period not to exceed 72 hours, for housing and food expenses based on the U.S. General Services Administration's per diem standard rate for Texas for the current year, whether or not they could qualify for permanent relocation benefits under this chapter.    (d)   When a person is displaced pursuant to this section, the city may, in accordance with Section 214.001 of the Texas Local Government Code, as amended, place a lien on the property, unless it is a homestead protected by the Texas Constitution, to recover costs incurred by the city in relocating the displaced person. (Ord. Nos. 13680; 30694) SEC. 39A-4.   RESERVED.    (Repealed by Ord. 30694) SEC. 39A-5.   RESERVED.    (Repealed by Ord. 30694) SEC. 39A-6.   RESERVED.    (Repealed by Ord. 30694) SEC. 39A-7.   APPEALS.    (a)   City manager to establish procedures. The city manager or his designee shall establish procedures for his review of appeals under this chapter. The procedures should provide for possible resolution of an appeal at an echelon below the city manager with a final appeal to the city manager or his designee. As a minimum such procedures shall provide that:       (1)   any person making an appeal shall be given a full opportunity to be heard;       (2)   a decision will be reached promptly on the basis of evidence submitted and the relocatee notified of such decision;       (3)   the result reached will be supported by the necessary computations and rationale and documented in the parcel file.    (b)   Notification of appeal rights and procedures. At such time as a relocatee indicates he is dissatisfied with a determination as to his eligibility for a payment or of an amount of payment offered under this chapter, he shall be promptly furnished the necessary forms and notified of the procedures to be followed in making an appeal. (Ord. 13680) SEC. 39A-8.   RECORDS.    (a)   Relocatee records - general. The city manager or his designee shall maintain relocation records showing:       (1)   Project and parcel identification.       (2)   Names and addresses of displaced persons and their complete original and new addresses and telephone numbers (if available after reasonable effort to obtain where relocatee moved without assistance).       (3)   Personal contacts made with each relocated person, including for each relocated person:          (A)   date of notification of availablilty of relocation payments and services;          (B)   name of the official offering or providing relocation assistance;          (C)   whether the offer of assistance in locating or obtaining replacement housing was declined or accepted and the name of the individual accepting or declining the offer;          (D)   dates and substance of subsequent followup contracts;          (E)   date on which the relocated person was required to move from the property acquired for the project;          (F)   date on which actual relocation occurred and whether relocation was accomplished with the assistance of the city, referral to other agencies or without assistance. If the latter, an approximate date for actual relocation is acceptable; and          (G)   type of tenure before and after relocation.       (4)   For displacements from dwelling:          (A)   number in family;          (B)   type of property (single detached, multi-family, etc.);          (C)   value, or monthly rent;          (D)   number of rooms occupied.       (5)   For relocated businesses:          (A)   type of business;          (B)   whether continued or terminated;          (C)   if relocated, distance moved (estimate acceptable).       (6)   For relocated farms:          (A)   whether continued or terminated;          (B)   if relocated, distance moved (estimate acceptable).    (b)   Moving expense records. The city manager or his designee shall maintain records containing the following information regarding moving expense payments:       (1)   the date the removal of personal property was accomplished;       (2)   the location from which and to which the personal property was moved;       (3)   if the personal property was stored temporarily, the location where the property was stored, the duration of such storage, and justification for the storage and the storage charges;       (4)   itemized statement of the costs incurred supported by receipted bills or other evidence of expense;       (5)   amount of reimbursement claimed, amount allowed and an explanation of any differences;       (6)   data supporting any determination that a business cannot be relocated without a substantial loss of its existing patronage and that it is not part of a commercial enterprise having at least one other establishment not being acquired by the city;       (7)   when an “in lieu of” payment is made to a business or farm operation, data showing how the payment was computed; and       (8)   when moving expense payments are made in accordance with a schedule, the data called for in (3) and (4) above need not be maintained. Instead records showing the basis on which payment was made shall be maintained.    (c)   Replacement housing payment records. The city manager or his designee shall maintain records containing the following information regarding replacement housing payments:       (1)   The date of the city’s receipt of each application for such payments.       (2)   The date on which each payment was made or the application rejected.       (3)   Supporting data explaining how the amount of the supplemental payment to which the applicant is entitled was calculated.       (4)   A copy of the closing statement to support the purchase or downpayment, and incidental expenses when replacement housing is purchased.       (5)   A copy of the Truth in Lending Statement or other data including computations to support the increased interest payment.       (6)   The individual responsible for determining the amount of the replacement housing payment shall place in the file a signed and dated statement setting forth:          (A)   the amount of the replacement housing payment;          (B)   that he has no direct or indirect present or contemplated personal interest in this transaction nor will derive any benefit from the replacement housing payment.       (7)   A statement by the city manager or his designee that in his opinion the relocated person has been relocated into adequate replacement housing. (Ord. 13680) CHAPTER 39B REGULATED PROPERTY - PURCHASE AND SALE ARTICLE I. GENERAL. Sec. 39B-1.   Purpose. Sec. 39B-2.   Definitions. Sec. 39B-2.1.   Hours of operation. Sec. 39B-3.   Regulated property purchases; records. Sec. 39B-4.   Hold notice. Sec. 39B-4.1.   Repair of business machines; reporting requirements. Sec. 39B-5.   Offenses. Sec. 39B-6.   Penalty. ARTICLE II. LICENSING OF REGULATED PROPERTY DEALERS. Sec. 39B-7.   License required. Sec. 39B-8.   Issuance of license; posting. Sec. 39B-9.   Fees. Sec. 39B-10.   Expiration of license. Sec. 39B-11.   Revocation. Sec. 39B-12.   Reserved. Sec. 39B-13.   Appeal. Sec. 39B-14.   Transfer of license. ARTICLE III. RESERVED. Secs. 39B-15 thru 39B-16.   Reserved. ARTICLE I. GENERAL. SEC. 39B-1.   PURPOSE.    The purpose of this chapter is to discourage an increasingly prolific and socially deplorable business activity of dealing in stolen property by requiring, among other regulations, the purchaser of certain regulated property to maintain a record identifying the authorized vendor or to record and maintain a reliable form of identification of the seller, if the seller is other than a manufacturer or authorized vendor. Further, the chapter should provide the police department with more adequate tools for investigations concerning stolen property. Items of property to be included in the regulations are limited to those items most frequently stolen and for which there is a ready market. (Ord. Nos. 15064; 20241; 21310) SEC. 39B-2.   DEFINITIONS.    In this chapter:       (1)   AUTOMOBILE ACCESSORIES means hubcaps, wheel covers, radar detectors, tape decks and tape players, removable automobile tops, and like items that are crafted or designed for use in or on automobiles as accessory items. The term does not include completely assembled automobiles.       (2)   AUTHORIZED VENDOR means a commercial supplier who deals in the wholesale distribution of regulated property in the ordinary course of business.       (3)   BUSINESS MACHINE means a machine, such as, but not limited to, a typewriter, computer, printer, adding machine, checkwriting device, cash register, calculator, addressing machine, letter sorting or folding device, and any item of recording, copying, or accounting equipment. The term does not include office furniture or fixtures.       (4)   CHIEF means the chief of police of the city of Dallas or a designated representative.       (5)   CRAFTED PRECIOUS METALS means jewelry, silverware, art objects, or any other thing or object crafted, in whole or in part, from gold, silver, platinum, palladium, irridium, rhodium, osmium, ruthenium, or their alloys, but does not include coins, bullion, or bars of such metals.       (6)   DEALER means any person, other than a pawnbroker, pawnshop, or other business licensed under the Texas Pawnshop Act (Article 5069-51.01 et seq., Vernon’s Texas Civil Statutes), who:          (A)   purchases regulated property for resale or salvage use; and          (B)   obtains more than 25 percent of the value of the person’s total inventory of regulated property from a source other than an authorized vendor or manufacturer.       (7)   ELECTRONIC EQUIPMENT means any electrical device including, but not limited to, a radio, television, video recorder, home computer, video camera, stereo, tape, or record.       (8)   HOLD NOTICE means notification by the chief that a person may not sell, redeem, or dispose of regulated property that:          (A)   has been identified as potentially stolen; or          (B)   has a defaced identification number.       (9)   JEWELRY means gems, jewels, and objects made of precious metals that are worn for adornment, including, but not limited to stones removed from a mounting.       (10)   LICENSEE means a person in whose name a license has been issued under this chapter or a person listed as an applicant on the application for a license.       (11)   PASSPORT means a passport issued by the United States government or issued by another country and recognized by the United States government.       (12)   PERSON means an individual, partnership, corporation, joint venture, trust, association, and any other legal entity.       (13)   PERSONAL IDENTIFICATION CERTIFICATE means a certificate issued by the Texas Department of Public Safety under Article 6687b, Vernon’s Texas Civil Statutes or a similar certificate issued by another state.       (14)   POWER TOOL means a tool powered by electrical or AC/DC current or by liquid or gaseous fuel, including, but not limited to, pneumatic and welding equipment.       (15)   PURCHASE means a transaction in which a person takes title to regulated property in exchange for valuable consideration.       (16)   REGULATED PROPERTY means new or used:          (A)   automobile accessories;          (B)   business machines;          (C)   crafted precious metals;          (D)   electronic equipment;          (E)   firearms as defined by state law;          (F)   household appliances;          (G)   jewelry;          (H)   motorcycle accessories;          (I)   musical instruments;          (J)   photographic equipment;          (K)   power tools; or          (L)   sporting goods.       (17)   SALVAGE USE means the extracting or isolating of one or more of the component parts of regulated property for later use. The term specifically includes the melting, pulverizing, compacting, or similar alteration of an item of crafted precious metals.       (18)   SELLER means the person in a purchase transaction who is affirming the legal right of ownership and the right to sign over title to the property offered for sale. (Ord. Nos. 15064; 16882; 17398; 18892; 20241; 21310) SEC. 39B-2.1.   HOURS OF OPERATION.    A dealer shall transact business only between the hours of 8:00 a.m. and 9: 00 p.m. (Ord. Nos. 20241; 21310) SEC. 39B-3.   REGULATED PROPERTY PURCHASES; RECORDS.    (a)   A dealer in regulated property shall keep a sales record that indicates the business name and address of the manufacturer or authorized vendor from which the regulated property was purchased.    (b)   If the regulated property was purchased from other than a manufacturer or authorized vendor, a dealer shall:       (1)   at the time of purchase, record in a legible manner on a sequentially-numbered detachable ticket, approximately four inches by six inches in dimension, which is kept in sequential order at the person’s local place of business, the following information:          (A)   the name and address of the dealer’s business;          (B)   the name, address, sex, date of birth, and driver’s license number, military identification number, passport number, or personal identification certificate number of the seller of the regulated property;          (C)   the date and time of purchase;          (D)   a complete description of the property purchased, including, but not limited to, the type of property, the brand name or manufacturer’s name, any serial number, identifying number, or initials inscribed in or attached to the property, and any other identifying marks or features of the property;          (E)   the price paid or other consideration exchanged for the property purchased; and          (F)   the signature of the seller affirming ownership of the property offered for sale;       (2)   at the time of purchase, determine that the photograph on the driver’s license, military identification card, passport, or personal identification certificate is a photograph of the seller and make a photocopy of the identification card or license;       (3)   segregate the property purchased from the seller from property purchased from other sellers and attach to the property, or to the container in which the property is held, a tag indicating the name of the seller and the date on which the property was purchased;       (4)   retain possession of the purchased property at the dealer’s local place of business and withhold the property from resale or salvage use for 21 calendar days;       (5)   make the purchased property available for inspection at the dealer’s local place of business by any police officer during regular business hours while the property is in the dealer’s possession; and       (6)   make a photograph of the seller in each purchase transaction in a manner such that the seller’s facial features are clearly visible.    (c) A dealer shall maintain on file the information required by Subsections (a) and (b) for one year from the date of purchase or until the item is sold, whichever occurs later. (Ord. Nos. 15064; 16882; 17398; 18892; 20241; 21310) SEC. 39B-4.   HOLD NOTICE.    (a)   When a police officer has reasonable cause to believe that regulated property offered for sale is stolen or has had the manufacturer’s identification number or any other identifying mark removed, defaced, or altered, the chief may place a hold notice upon the property.    (b)   All regulated property upon which a hold notice has been placed must be held by the dealer at the dealer’s local place of business for 60 calendar days, unless released sooner by the chief. After 60 calendar days with no disposition of the property by the chief, the hold is automatically released, and the dealer may dispose of the property. (Ord. Nos. 15064; 18892; 20241; 21310) SEC. 39B-4.1.   REPAIR OF BUSINESS MACHINES; REPORTING REQUIREMENTS.    (a)   Except when the reporting requirements of Subsection (b) apply, a person who engages in the business of servicing and repairing business machines shall, within five working days after servicing or repairing a used business machine, submit a report to the chief on a form and in a manner approved by the chief. The report must include the following information:       (1)   the name and address of the person for whom the business machine was serviced or repaired; and       (2)   a complete and accurate description of the business machine, including serial numbers and other identifying marks or symbols.    (b)   A person who services or repairs the same business machine on a regular basis under the terms of a maintenance or service agreement shall submit a report to the chief, on a form and in a manner approved by the chief, within five working days after the effective date of each maintenance or service agreement. The report must:       (1)   include the following information:          (A)   the name and address of the person for whom a business machine is being serviced or repaired under the terms of a maintenance or service agreement;          (B)   a complete and accurate description of each business machine covered by the maintenance or service agreement, including serial numbers and other identifying marks and symbols; and          (C)   the effective date and expiration date of the maintenance or service agreement; and       (2)   be updated each time a business machine is added to or removed from the coverage of the maintenance or service agreement.    (c)   The reporting requirements of this section do not apply to a person who services or repairs a business machine for a person to whom he sold the machine when it was new. (Ord. Nos. 18892; 20241; 21310) SEC. 39B-5.   OFFENSES.    (a)   A person commits an offense if he:       (1)   violates Section 39B-2.1, 39B-3, 39B-4.1, 39B-7, or 39B-14 of this chapter;       (2)   takes possession of regulated property purchased for resale or salvage use for which he does not have records meeting the requirements of Section 39B-3;       (3)   fails or refuses to produce for inspection by a police officer the records required by Section 39B-3, with respect to a particular item of regulated property, when requested to do so at a reasonable time by the police officer;       (4)   purchases for resale or salvage use, offers for sale, or sells regulated property that has had the manufacturer’s identification number or any other identifying mark removed, defaced, or altered;       (5)   purchases regulated property for resale or salvage use from a seller, other than a manufacturer or authorized vendor, who does not present a valid driver’s license, military identification card, passport, or personal identification certificate;       (6)   purchases regulated property from a person under the age of 18 years; or       (7)   fails or refuses to comply with a hold notice placed on regulated property pursuant to Section 39B-4 of this chapter.    (b)   A culpable mental state is not required for the commission of an offense under this section unless the provision defining the conduct expressly requires a culpable mental state.    (c)   In a prosecution under this chapter involving a record-keeping requirement of Section 39B-3(b), it is an affirmative defense that the regulated property involved was purchased from a manufacturer or authorized vendor.    (d)   It is a defense to prosecution under this chapter that:       (1)   at the time of the offense, the person had not purchased, nor purported to purchase, regulated property for resale or salvage use on more than 14 days of the calendar year in the city of Dallas;       (2)   the regulated property involved was being returned for refund or trade-in purposes to the dealer who originally sold the regulated property to the seller; or       (3)   the person is a pawnbroker, pawnshop, or other business licensed under the Texas Pawnshop Act (Article 5069-51.01 et seq., Vernon’s Texas Civil Statutes).    (e)   An investigating police officer may inspect and copy any records required to be kept under Section 39B-3 without obtaining a court order. In the case of records required under Section 39B-3(b)(1), the officer may take possession and permanently retain the original copy of each ticket on which the required information was recorded. (Ord. Nos. 15064; 17398; 18892; 20241; 21310) SEC. 39B-6.   PENALTY.    An offense under this chapter is punishable by a fine of not less than $100 nor more than $500, and a violation constitutes a separate offense for each item of regulated property involved. (Ord. Nos. 15064; 17398; 19963; 20241; 21310) ARTICLE II. LICENSING OF REGULATED PROPERTY DEALERS. SEC. 39B-7.   LICENSE REQUIRED.    (a)   A person commits an offense if, without a license issued under this article, he:       (1)   purchases regulated property from other than a manufacturer or authorized vendor for resale or salvage use; or       (2)   operates a business establishment that purports to purchase regulated property from other than a manufacturer or authorized vendor for resale or salvage use.    (b)   An application for a license must be made on a form provided by the chief. Each applicant must be qualified according to the provisions of this chapter.    (c)   A person who wishes to purchase regulated property for resale or salvage use must sign the application as applicant. If the person is a legal entity, including but not limited to a corporation, partnership, association, or joint venture, each individual who has a 20 percent or greater interest in the business must sign the application for a license as an applicant. Each applicant must meet the requirements of Section 39B-8(a), and each applicant shall be considered a licensee if a license is granted.    (d)   It is a defense to prosecution under this section that, at the time of the alleged offense, the person was purchasing regulated property for resale or salvage use under the specific authority of a valid license issued by the State of Texas or the United States government. A license must still be obtained under this section for those activities conducted by a dealer that are not specifically authorized by a state or federal license. (Ord. Nos. 17398; 20241; 21310) SEC. 39B-8.   ISSUANCE OF LICENSE; POSTING.    (a)   The chief shall issue a license to an applicant within 30 days after receipt of an application unless it is determined that one or more of the following is true:       (1)   An applicant is under 18 years of age.       (2)   An applicant or an applicant’s spouse is overdue in payment to the city of taxes, fees, fines, or penalties assessed against or imposed upon the applicant or the applicant’s spouse.       (3)   An applicant failed to answer or falsely answered a question or request for information on the application form provided.       (4)   An applicant or an applicant’s spouse has been convicted of two or more offenses under Section 39B-5 of this chapter within two years immediately preceding the application. The fact that a conviction is being appealed shall have no effect.       (5)   An applicant has not obtained a certificate of occupancy for the premises in which the applicant intends to do business.       (6)   The license fee required by this chapter has not been paid.       (7)   An applicant has been convicted of a felony or a Class A misdemeanor involving theft or fraud, including but not limited to theft, robbery, burglary, forgery, criminal simulation, deceptive business practices, securing execution of document by deception, or any other similar state or federal criminal offense, and three years have not elapsed since the termination of any sentence, parole, or probation; the fact that a conviction is being appealed shall have no effect. If three years have elapsed, the chief shall, in accordance with Section 4(c), Article 6252-13c of Vernon’s Texas Civil Statutes, determine the present fitness of the applicant to be licensed from the information and evidence presented with the application.       (8)   An applicant has been convicted of an offense under any federal or state law providing record-keeping or licensing requirements for persons purchasing or selling regulated property, and three years have not elapsed since the termination of any sentence, parole, or probation. The fact that a conviction is being appealed shall have no effect.    (b)   The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the premises for which the license is granted. A license issued pursuant to this chapter shall be valid only for the location stated in the application. Should any licensee move a place of business from the place stated on the license to a new location, the licensee shall give the chief prior written notice and present the license to the chief to have the change of location noted on the license.    (c)   The license shall be posted in a conspicuous place at or near the entrance to the licensed premises so that it may be easily read at any time. (Ord. Nos. 17398; 20241; 21310) SEC. 39B-9.   FEES.    The annual fee for a license issued under this article is $245. (Ord. Nos. 17398; 18411; 20241; 20612; 21310; 22206) SEC. 39B-10.   EXPIRATION OF LICENSE.    Each license shall expire one year from the date of issuance and may be renewed only by making application as provided in Section 39B-7. To assure reissuance of a license prior to expiration, application for renewal should be made at least 30 days before the expiration date. (Ord. Nos. 17398; 20241; 21310) SEC. 39B-11.   REVOCATION.    (a)   The chief shall revoke a license if it is determined that one or more of the following is true:       (1)   A licensee has given a false statement as to a material matter submitted to the chief during the application process.       (2)   A licensee, an individual who is a business associate of the licensee in the same or a related business or a corporate officer of the licensee, or an employee of the licensee has been convicted within a two-year period of two or more offenses under Section 39B-5 of this chapter. If a conviction is appealed, the time period between conviction and final disposition on appeal of the conviction is not included in calculating the two-year period if the conviction is affirmed.       (3)   A licensee has been convicted of any felony or of a Class A misdemeanor involving theft or fraud, including but not limited to theft, robbery, burglary, forgery, criminal simulation, deceptive business practices, securing execution of document by deception, or any other similar state or federal criminal offense, and three years have not elapsed since the termination of any sentence, parole, or probation. The fact that a conviction is being appealed shall have no effect.       (4)   An applicant has been convicted of an offense under any federal or state law providing record-keeping or licensing requirements for persons purchasing or selling regulated property, and three years have not elapsed since the termination of any sentence, parole, or probation. The fact that a conviction is being appealed shall have no effect.    (b)   When the chief revokes a license, the revocation shall continue for one year, and the licensee shall not be issued a license for one year from the date revocation became final. If, subsequent to revocation, the chief finds that the basis for the revocation action has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date the revocation became final. If the license was revoked under Subsection (a)(3) of this section, an applicant may not be granted another license within three years of the termination of any sentence, parole, or probation. (Ord. Nos. 17398; 20241; 21310) SEC. 39B-12.   RESERVED.  (Ord. 21310) SEC. 39B-13.   APPEAL.    If the chief denies the issuance of a license, or revokes a license, a written notice of the action and the right to an appeal shall be sent to the applicant, or licensee, by certified mail, return receipt requested. The aggrieved party may appeal the decision of the chief to a permit and license appeal board in accordance with Section 2-96 of this code. The action of the chief is final unless a timely appeal is made. The filing of an appeal stays the action of the chief in revoking a license until the permit and license appeal board makes a final decision. (Ord. Nos. 17398; 20241; 21310) SEC. 39B-14.   TRANSFER OF LICENSE.    A licensee shall not:       (1)   transfer a license issued under this chapter to another; or       (2)   operate a business engaged in the purchase of regulated property for resale or salvage use under the authority of a license at any place other than the address designated in the license application. (Ord. Nos. 17398; 20241; 21310) ARTICLE III. RESERVED. SECS. 39B-15 THRU 39B-16. (Repealed by Ord. 28020) CHAPTER 39C RECORDS MANAGEMENT PROGRAM Sec. 39C-1.   Statement of policy. Sec. 39C-2.   City of Dallas records. Sec. 39C-3.   Definitions. Sec. 39C-4.   Designation of records management officer. Sec. 39C-5.   Ownership and custody of city records. Sec. 39C-6.   Records involved in public information requests, pending litigation, or pending audits. Sec. 39C-7.   Duties and responsibilities of the city council. Sec. 39C-8.   Establishment of the records management policy committee. Sec. 39C-9.   Duties and responsibilities of records management officer. Sec. 39C-10.   Records management program to be developed; approval of program; authority of program. Sec. 39C-11.   Duties and responsibilities of department directors. Sec. 39C-12.   Designation of records liaison officers. Sec. 39C-13.   Duties and responsibilities of records liaison officers. Sec. 39C-14.   Records retention and disposition schedules; approval; filing with the state. Sec. 39C-15.   Implementation of records retention and disposition schedules; destruction of city records under schedule. Sec. 39C-16.   Destruction of unscheduled records. Sec. 39C-17.   Dallas municipal archives and records center. Sec. 39C-18.   Microfilming city records. Sec. 39C-19.   Electronic storage of city records. Sec. 39C-20.   Right of recovery. Sec. 39C-21.   Penalty. SEC. 39C-1.   STATEMENT OF POLICY.    (a)   The city of Dallas recognizes that the citizens of Dallas have a right to expect, and the city has an obligation to foster, efficient and cost- effective government and further recognizes the central importance of city records in the lives of its citizens. The city of Dallas has a responsibility to its citizens to manage, protect, preserve, and make available city records.    (b)   It is the policy of the city of Dallas to provide for efficient, economical, and effective controls over the creation, distribution, organization, maintenance, use, retention, and disposition of all records of the city of Dallas. This policy will be implemented through a comprehensive system of integrated procedures for the management of records from their creation to their ultimate disposition, consistent with the requirements of the Local Government Records Act, the Public Information Act, the city charter, and accepted records management practice. (Ord. Nos. 20787; 23267) SEC. 39C-2.   CITY OF DALLAS RECORDS.    All city records must be created, maintained, and disposed of in accordance with this chapter and all requirements, policies, and procedures established pursuant to this chapter, and in no other manner. (Ord. Nos. 20787; 23267) SEC. 39C-3.   DEFINITIONS.    (1)   APPROVED RECORDS RETENTION AND DISPOSITION SCHEDULE means a records retention and disposition schedule that has been:       (A)   approved by the department director, the records management officer, and the records management policy committee;       (B)   adopted by the city council by resolution; and       (C)   filed by the records management officer and approved by the director and librarian of the Texas State Library and Archives Commission either:          (i)   in a detailed format determined by the director and librarian; or          (ii)   through a written certification of compliance filed in accordance with state law.    (2)   CITY RECORD means every document, paper, letter, book, map, photograph, sound or video recording, microfilm, magnetic tape, electronic medium, or other information recording medium, regardless of physical form or characteristic and regardless of whether public access to it is open or restricted under state law, that is created or received by the city of Dallas or any of its officers or employees pursuant to law or in the transaction of public business. A city record does not include library or museum material acquired solely for reference, exhibit, or display or stocks of publications, advertisements, or other unsolicited written materials received by the city or any of its officers or employees.    (3)   DALLAS MUNICIPAL ARCHIVES AND RECORD CENTER (DMARC) means the facility described in Section 39C-17 of this chapter that is used to provide centralized and secure storage for noncurrent and permanent city records.    (4)   DEPARTMENT means any department, office, agency, division, program, commission, bureau, board, committee, task force, ad hoc committee, or similar entity of the city.    (5)   DEPARTMENT DIRECTOR means the officer who by ordinance, order, or administrative policy is in charge of a department or an office of the city that creates or receives city records.    (6)   ESSENTIAL RECORD means any city record necessary to:       (A)   the resumption or continuation of operations of the city in an emergency or disaster;       (B)   the re-creation of the legal and financial status of the city; or       (C)   the protection and fulfillment of obligations to the citizens of the city.    (7)   LOCAL GOVERNMENT RECORDS ACT means Title 6, Subtitle C of the Local Government Code, as amended.    (8)   PERMANENT RECORD means any city record for which the retention period on a records retention and disposition schedule is given as permanent.    (9)   PUBLIC INFORMATION ACT means Chapter 552 of the Texas Government Code, also known as the Texas Open Records Act.       (10)   RECORDS DISPOSITION means the removal of a city record from a department or from a noncurrent records storage center and:       (A)   for a city record that has passed its minimum legal retention period and no longer has value to the city, the destruction of the record; or       (B)   for a permanent city record, transfer of the record to DMARC for archival accession.    (11)   RECORDS INVENTORY means the process of locating, identifying, and describing in detail the records of a department.    (12)   RECORDS LIAISON OFFICER means any person designated under Section 39C-12 of this chapter.    (13)   RECORDS MANAGEMENT means the planning, controlling, directing, organizing, training, promoting, and application of other management techniques involved in the creation, use, maintenance, retention, preservation, and disposal of city records for the purposes of achieving adequate and proper documentation of the policies and transactions of city government and reducing the costs and improving the efficiency of recordkeeping. The term includes:       (A)   the development of records retention and disposition schedules;       (B)   the management of filing and information retrieval systems;       (C)   the protection of essential and permanent records;       (D)   the economical and space-effective storage of noncurrent records;       (E)   the control over the creation and distribution of forms, reports, and correspondence;       (F)   the management of manual, micrographic, electronic, and other records storage systems; and       (G)   the identification of functional recordkeeping requirements that ensure city records are created to adequately document the city’s business transactions.    (14)   RECORDS MANAGEMENT OFFICER means the person appointed by the city secretary, in accordance with Chapter IIIA, Section 3 of the city charter, to fill the position designated by the city council, pursuant to the Local Government Records Act, to administer the city’s records management program.    (15)   RECORDS MANAGEMENT PROGRAM means the requirements, policies, and procedures developed under Section 39C-10 of this chapter.    (16)   RECORDS MANAGEMENT POLICY COMMITTEE means the committee established under Section 39C-8 of this chapter.    (17)   RECORDS RETENTION AND DISPOSITION SCHEDULE means a document prepared by or under the authority of the records management officer that describes recurring records or records series on a continuing basis, indicating for each record or records series:       (A)   the length of time the record or records series is to be maintained in a department or in DMARC;       (B)   when and if the record or records series may be destroyed or otherwise disposed of; and       (C)   other records disposition information that the records management program may require.    (18)   RETENTION PERIOD means the minimum time that must pass after the creation, recording, or receipt of a city record, or after the fulfillment of certain actions associated with a city record, before the record is eligible for disposition. (Ord. Nos. 20787; 23267) SEC. 39C-4.   DESIGNATION OF RECORDS MANAGEMENT OFFICER.    (a)   The records management officer shall be appointed by the city secretary to implement and administer the city’s records management program in compliance with this chapter, the city charter, state law, and policies adopted by the records management policy committee. The records management officer must be a person professionally competent by experience and training to administer the records management program.    (b)   Upon the records management officer’s resignation, retirement, dismissal, or removal by action, the officer’s successor shall, within 30 days after being appointed by the city secretary, file the successor’s name with the director and librarian of the Texas State Library and Archives Commission, as prescribed by state law. (Ord. Nos. 20787; 23267) SEC. 39C-5.   OWNERSHIP AND CUSTODY OF CITY RECORDS.    (a)   Every city record is the property of the city. No city officer or employee has, by virtue of the position of the city officer or employee, any personal or property right to a city record even though the city officer or employee may have developed or compiled the record. The unauthorized alteration, destruction, deletion, removal from files, or use of a city record is prohibited. A city record exempted from public disclosure under state or federal law is not made subject to disclosure by its designation as city property under this section.    (b)   A city record may not be sold, loaned, given away, destroyed, or otherwise alienated from the city’s custody unless in accordance with this chapter or unless destroyed as directed by an expunction order issued by a district court pursuant to state law. This subsection does not apply to a city record that is temporarily transferred to a contractor for purposes of microfilming, duplication, conversion to electronic media, restoration, or a similar records management and preservation procedure if the transfer is authorized by the records management officer.    (c)   Except when a city record is transferred into the archival custody of DMARC as provided in Subsection (e), legal custody of a city record created or received by a department during the course of business remains with the department director or with the department director of any designated successor of the department. The legal custodian, as guardian of the record, does not relinquish responsibility for the care, preservation, or legal disposition of the record even though physical custody of the record for maintenance and preservation purposes may be held by another department or agency. The physical custodian of the record is also responsible for complying with all records management program requirements, policies, and procedures. An original city record may not leave the custody of the department concerned when being used by a member of the public.    (d)   Every officer or employee shall deliver to any successor all city records pertaining to the office held by the city officer or employee.    (e)   The legal and physical custody of a city record that has continuing historical value to the city may be transferred to DMARC upon agreement between the department director and the records management officer. DMARC’s custody of the record subsequently will be known as archival custody, and ownership of the record remains with the city.    (f)   DMARC shall have legal and physical custody of all city records belonging to any defunct department that does not have a named successor.    (g)   The records management policy committee shall review and determine, as necessary, custodial responsibilities for city-wide electronic applications. Custodial responsibility must be determined prior to systems design or implementation. (Ord. Nos. 20787; 23267) SEC. 39C-6.   RECORDS INVOLVED IN PUBLIC INFORMATION REQUESTS, PENDING LITIGATION, OR PENDING AUDITS.    The destruction of a city record involved in a pending request under the Public Information Act, pending litigation, or a pending audit is prohibited, even if the destruction of the record is authorized by an approved records retention and disposition schedule. (Ord. Nos. 20787; 23267) SEC. 39C-7.   DUTIES AND RESPONSIBILITIES OF THE CITY COUNCIL.    The city council shall:       (1)   establish, promote, and support an active and continuing program for the efficient and economical management of all city records;       (2)   cause policies and procedures to be developed for the administration of the records management program under the direction of the records management officer;       (3)   facilitate the creation and maintenance of city records containing adequate and proper documentation of the organization, functions, policies, decisions, procedures, and essential transactions of the city and designed to furnish the information necessary to protect the legal and financial rights of the city, the state, and persons affected by the activities of the city;       (4)   facilitate the identification and preservation of city records that are of permanent value;       (5)   facilitate the identification and protection of essential records;       (6)   approve all records retention and disposition schedules, after review and approval of the department director, the records management officer, and the records management policy committee, and direct the records management officer to file approved schedules or a written certification of compliance with the director and librarian of the Texas State Library and Archives Commission as required by state law and this chapter; and       (7)   be subject to the same duties and responsibilities required of a department by this chapter, any policy or procedure established under this chapter, and state law, and the mayor shall be subject to the same duties and responsibilities required of a department director by this chapter, any policy or procedure established under this chapter, and state law. (Ord. Nos. 20787; 23267) SEC. 39C-8.   ESTABLISHMENT OF THE RECORDS MANAGEMENT POLICY COMMITTEE.    (a)   A records management policy committee consisting of the city attorney, the city auditor, the city manager, and the city secretary is hereby established. Three members of the committee constitute a quorum. A member of the committee may designate a representative to serve in the member’s place by filing a written designation with the city secretary. Each action of the committee requires a majority vote of the committee members present.    (b)   The records management officer shall attend committee meetings, participate in discussions, and serve as a nonvoting advisor to the committee.    (c)   The city secretary shall:       (1)   chair the committee;       (2)   coordinate, document, and report to the city council the actions of the committee; and       (3)   oversee the city’s records management program as administered by the records management officer.    (d)   The committee shall:       (1)   review and approve policy and procedural recommendations submitted by the records management officer and establish other requirements, policies, and procedures necessary for the implementation and administration of the records management program for the city;       (2)   review the performance of the records management program on a regular basis and propose changes and improvements if needed;       (3)   review and approve records retention and disposition schedules submitted by the records management officer;       (4)   give final approval to the destruction of records in accordance with approved records retention and disposition schedules;       (5)   actively support and promote the records management program throughout the city; and       (6)   review city-wide and departmental policies as the committee determines necessary to ensure compliance with the records management program, this chapter, and state law. (Ord. Nos. 20787; 23267) SEC. 39C-9.   DUTIES AND RESPONSIBILITIES OF RECORDS MANAGEMENT OFFICER.    In addition to other duties assigned by this chapter and state law, the records management officer shall:       (1)   administer the city’s records management program under the direction of the city secretary and provide advice and assistance to department directors in its implementation;       (2)   recommend and prepare for approval by the records management policy committee requirements, policies, and procedures for the city’s records management program;       (3)   review, approve, and submit for the approval of the records management policy committee and the city council records retention and disposition schedules for all departments in accordance with Section 39C-14 of this chapter;       (4)   in cooperation with department directors, identify essential records and establish a records disaster and recovery plan for each department to ensure maximum availability of the records in order to re- establish operations quickly and with minimum disruption and expense;       (5)   monitor records retention schedules and administrative rules issued by the Texas State Library and Archives Commission to determine if the records management program and the city’s records retention and disposition schedules are in compliance with state regulations;       (6)   disseminate to the city council, the department directors, and the records management policy committee information concerning state laws and administrative rules relating to city records;       (7)   instruct records liaison officers and other personnel in records management program policies and procedures;       (8)   direct records liaison officers and other personnel in the conduct of records inventories in preparation for the development of records retention and disposition schedules as required by the records management program, this chapter, and state law;       (9)   ensure that the creation, maintenance, preservation, microfilming, electronic storage, destruction, and other disposition of city records is carried out in accordance with the requirements, policies, and procedures of the records management program, this chapter, and state law;       (10)   file in accordance with state law a written certification of compliance with the director and librarian of the Texas State Library and Archives Commission stating that the city has adopted a records retention and disposition schedule or an amended schedule that meets minimum requirements adopted by the Texas State Library and Archives Commission, in lieu of filing the records retention and disposition schedule or amended schedule with the director and librarian;       (11)   report annually to the city council on records management program accomplishments, issues, and compliance status;       (12)   bring to the attention of the records management policy committee, the city manager, and the city council any noncompliance by a department director or other personnel with the requirements, policies, and procedures of the records management program, this chapter, or state law;       (13)   certify compliance of the city’s electronic recordkeeping systems to the director and librarian of the Texas State Library and Archives Commission as required by state law;       (14)   develop, and submit for approval by the records management policy committee, procedures to ensure the permanent preservation of the historically valuable records of the city;       (15)   conduct periodic reviews of departmental recordkeeping practices and records retention and disposition schedules to ensure that the schedules are kept current;       (16)   provide uniform standards and efficient controls over the creation, identification, appraisal, maintenance, protection, preservation, transfer, retention, and disposition of city records;       (17)   conduct surveys, studies, and information systems assessments to assist in promoting a proper and efficient records management program for the city, including microfilming services and automated information systems, and report the results of such surveys, studies, and assessments to the records management policy committee;       (18)   inspect all city records as directed by the records management policy committee, the city secretary, or the city council, or as otherwise necessary to ensure compliance with the records management program, this chapter, and state law;       (19)   review city-wide and departmental policies as the records management officer determines necessary to ensure compliance with the records management program, this chapter, and state law;       (20)   in cooperation with department directors, incorporate records management policies, objectives, responsibilities, and authorities in pertinent departmental directives in accordance with the records management program, this chapter, and state law;       (21)   establish, and submit for approval by the records management policy committee, procedures for addressing records management program requirements at the design phase of recordkeeping systems in accordance with the records management program, this chapter, and state law;       (22)   review user requirements, cost feasibility studies, systems requirements, systems specifications, bid specifications, and other systems design documents to ensure that recordkeeping requirements and public access requirements are incorporated into electronic recordkeeping systems at the design phase in accordance with the records management program, this chapter, and state law;       (23)   establish, and submit for approval by the records management policy committee, procedures for the use of approved general retention and disposition schedules by city departments in accordance with the records management program, this chapter, and state law;       (24)   serve as the city’s liaison to the director and librarian of the Texas State Library and Archives Commission for records management program requirements; and       (25)   file any revisions to this chapter with the director and librarian of the Texas State Library and Archives Commission within 30 days after adoption as required by state law. (Ord. Nos. 20787; 23267) SEC. 39C-10.   RECORDS MANAGEMENT PROGRAM TO BE DEVELOPED; APPROVAL OF PROGRAM; AUTHORITY OF PROGRAM.    (a)   The records management officer and the records management policy committee shall develop a city-wide records management program. Program requirements, policies, and procedures must be in the form of an administrative directive or in a form or manner determined by the records management policy committee. The program requirements, policies, and procedures must be designed to enable the records management officer to carry out duties as prescribed by this chapter and state law.    (b)   The records management program requirements, policies, and procedures must:       (1)   adequately protect the essential records of the city;       (2)   properly preserve city records that are of historical value;       (3)   establish criteria for city-wide and departmental records management program compliance, including requirements for conducting departmental records inventories, preparing retention and disposition schedules, and certifying retention and disposition schedules and electronic recordkeeping systems;       (4)   establish functional recordkeeping requirements to improve the efficiency of recordkeeping and to ensure the creation of adequate and proper documentation of the city’s activities and transactions;       (5)   create policies to implement rules adopted by the Texas State Library and Archives Commission and required by state law, including requirements for public access, microfilming, electronic document imaging, and electronic storage of city records;       (6)   create policies to address records management program requirements and needs as technology evolves;       (7)   provide for review by the records management officer and records management policy committee of all electronic recordkeeping systems design prior to purchase or implementation of the systems;       (8)   ensure the development and maintenance of up-to-date documentation for all electronic records systems that will adequately specify the technical characteristics of each system necessary to reading, processing, or preserving city records until the disposition of the records is authorized;       (9)   provide for the creation of adequate audit trails;       (10)   incorporate electronic records management objectives, responsibilities, and authorities in pertinent city directives, policies, and procedures; and       (11)   ensure the ability to access city records regardless of form or medium.    (c)   The records management program requirements, policies, and procedures are binding on all city officers and employees and on all departments, offices, agencies, divisions, programs, commissions, bureaus, boards, committees, task forces, ad hoc committees, and similar entities of the city. (Ord. Nos. 20787; 23267) SEC. 39C-11.   DUTIES AND RESPONSIBILITIES OF DEPARTMENT DIRECTORS.    (a)   In addition to other duties assigned by this chapter and state law, every department director shall:       (1)   cooperate with the records management officer in carrying out the policies and procedures established in the city for the efficient and economical management of city records and in carrying out the requirements of the records management program, this chapter, and state law;       (2)   adequately document the transaction of government business and the policies, services, programs, functions, activities, and duties for which the department director and department staff are responsible;       (3)   maintain city records in the department director’s custody and carry out the preservation, microfilming, electronic storage, destruction, and other disposition of those records only in accordance with the records management program, this chapter, and state law;       (4)   review and approve records retention and disposition schedules and requests to dispose of city records that are prepared and submitted by or under the direction of the records management officer;       (5)   notify the records management officer within 24 hours of the discovery of any loss, theft, or damage to a city record;       (6)   ensure the ability to access records regardless of form or medium;       (7)   biannually submit a records management program compliance status report to the records management officer;       (8)   notify the records management officer of proposed electronic recordkeeping systems to ensure compliance with electronic recordkeeping requirements established by the records management program, this chapter, and state law;       (9)   ensure electronic records in the director’s custody are migrated forward as technology changes, for as long as the records are determined to have value, and ensure that requests for funding for new systems or systems enhancements address requirements for back-up, re-copying, disaster recovery, security, public access, audit trails, and other recordkeeping requirements in accordance with the records management program, this chapter, and state law;       (10)   conduct a cost feasibility study that incorporates document profiles and a work flow analysis for proposed electronic recordkeeping systems or systems enhancements in accordance with the records management program, this chapter, and state law;       (11)   appoint a department records liaison officer in accordance with Section 39C-12 of this chapter;       (12)   incorporate records management program requirements in pertinent departmental policies and procedures;       (13)   in cooperation with the records management officer, identify essential records of the department and establish a records disaster and recovery plan to ensure maximum availability of the records to re-establish operations quickly and with minimum disruption and expense;       (14)   prepare and submit to the records management officer all requests for authorization to create or store records electronically, which requests must be submitted in a form and manner approved by the records management officer and the records management policy committee so that they may be submitted by the records management officer to the director and librarian of the Texas State Library and Archives Commission as part of the city’s certification of systems compliance as required by the records management program, this chapter, and state law;       (15)   submit a departmental records inventory, verified by the departmental records liaison officer, to the records management officer in accordance with criteria established by the records management officer and the records management policy committee; and       (16)   annually review departmental records retention and disposition schedules to ensure that the schedules are kept current.    (b)   No state law, federal law, city ordinance, or policy relating to the duties, recordkeeping requirements, or other responsibilities of a department director exempts the department director or city records in the department director’s custody from the application of this chapter and the records management program adopted under this chapter, nor may such a law or policy be used by the department director as a basis for refusing to participate in the records management program of the city. (Ord. Nos. 20787; 23267) SEC. 39C-12.   DESIGNATION OF RECORDS LIAISON OFFICERS.    (a)   Each department director shall designate in writing to the records management officer a member of the department director’s staff to serve as the records liaison officer for the implementation of the records management program in the department. If the records management officer determines that more than one records liaison officer should be designated for a department, the department director shall designate the number of records liaison officers specified by the records management officer. The department director may serve as records liaison officer for a department.    (b)   A person designated as a records liaison officer shall be thoroughly familiar with departmental policies and activities and have full knowledge of and access to all city records created and maintained by the department and by all officers and employees of the department.    (c)   If a person designated as a records liaison officer resigns, retires, or is removed by action of the department director, the department director shall promptly designate another person to fill the vacancy. (Ord. Nos. 20787; 23267) SEC. 39C-13.   DUTIES AND RESPONSIBILITIES OF RECORDS LIAISON OFFICERS.    In addition to other duties assigned by this chapter and state law, a records liaison officer shall:    (1)   in cooperation with the records management officer, coordinate and implement the requirements, policies, and procedures of the records management program in the department;    (2)   disseminate information to department staff concerning the records management program;    (3)   in cooperation with the records management officer, coordinate the records inventory of the department;    (4)   verify the accuracy, content, and completeness of the records inventory prior to submission to the records management officer;    (5)   review departmental recordkeeping practices for compliance with the records management program and, in consultation with the records management officer, identify practices that require improvement for the purposes of increasing efficiency or implementing corrective action for program compliance;    (6)   report any noncompliance with the records management program to the department director in writing; and    (7)   correct and re-submit to the records management officer any records inventory that is incomplete or inaccurate. (Ord. Nos. 20787; 23267) SEC. 39C-14.   RECORDS RETENTION AND DISPOSITION SCHEDULES; APPROVAL; FILING WITH THE STATE.    (a)   The records management officer, in cooperation with department directors and records liaison officers, shall prepare records retention and disposition schedules on a department by department basis that describe, and establish the retention periods for, all city records created or received by each department. A records retention and disposition schedule must contain such other information regarding the disposition of city records as the records management program may require. Every city record identified on a records retention and disposition schedule, in any amendment to the schedule, or in any request for destruction of a record must be specifically described. Any records retention and disposition schedule, amendment to a schedule, or request for destruction of a record that contains general terms such as “miscellaneous” and “various” to describe any record identified in such a document may not be submitted to the city council, the records management policy committee, or the records management officer for consideration.    (b)   Each records retention and disposition schedule must be monitored and amended as needed by the records management officer on a regular basis to ensure that the schedule is in compliance with records retention and disposition schedules issued by the state and that the schedule continues to reflect the recordkeeping procedures and needs of the department and the records management program of the city.    (c)   Before its adoption by the city council, a records retention and disposition schedule or amended schedule for a department must be approved by the department director, the records management officer, and the records management policy committee.    (d)   After city council adoption, a records retention and disposition schedule may not be implemented until the schedule or a written certification of compliance has been submitted by the records management officer to and accepted for filing by the director and librarian of the Texas State Library and Archives Commission, as provided by state law. If a schedule or certification of compliance is not accepted for filing, the schedule must be amended and re-submitted to the city council for adoption to make it acceptable for filing.    (e)   The records management officer shall determine whether to file with the director and librarian of the Texas State Library and Archives Commission an approved records retention and disposition schedule or a written certification of compliance. (Ord. Nos. 20787; 23267) SEC. 39C-15.   IMPLEMENTATION OF RECORDS RETENTION AND DISPOSITION SCHEDULES; DESTRUCTION OF CITY RECORDS UNDER SCHEDULE.    (a)   The department director and records liaison officer of a department for which a records retention and disposition schedule has been approved and adopted under Section 39C-14 shall implement the schedule in accordance with the requirements, policies, and procedures of the records management program, this chapter, and state law.    (b)   A department director or records liaison officer shall notify the records management officer when a city record is eligible for disposition and shall prepare and submit to the records management officer a records disposition request, if required by the applicable records retention and disposition schedule, as a condition for disposition of the city record.    (c)   Before a city record is destroyed under an approved records retention and disposition schedule, the records management officer must obtain authorization for the destruction from the records management policy committee, unless the approved schedule specifies that the record may be destroyed without additional review or authority of the records management policy committee.    (d)   A city record whose retention period has expired on an approved records retention and disposition schedule must be destroyed unless:       (1)   a request under the Public Information Act is pending on the record;       (2)   the subject matter of the record is pertinent to pending litigation or a pending audit;       (3)   the department director or a member of the records management policy committee requests in writing to the records management officer that the record be retained for an additional period, which request must clearly state the reason for the continued retention; or       (4)   the records management officer sends written notification to a department director that the records must be held pending review for historical appraisal. (Ord. Nos. 20787; 23267) SEC. 39C-16.   DESTRUCTION OF UNSCHEDULED RECORDS.    A city record that is obsolete or that has not been identified on an approved records retention and disposition schedule may be destroyed if:       (1)   its destruction has been approved in the same manner required by this chapter for the destruction of a record that is identified on an approved records retention and disposition schedule; and       (2)   the Texas State Library and Archives Commission has:          (A)   through its director and librarian approved a request for destruction authorization submitted by the records management officer; or          (B)   by rule excepted the destruction of the record from further notice to the director and librarian of the Texas State Library and Archives Commission. (Ord. Nos. 20787; 23267) SEC. 39C-17.   DALLAS MUNICIPAL ARCHIVES AND RECORDS CENTER.    (a)   The Dallas municipal archives and records center (DMARC) serves as a centralized records storage facility for all departments for the storage of noncurrent city records. DMARC also serves as the repository for permanent and historical city records that are transferred to the facility by departments.    (b)   DMARC is under the direct control and supervision of the records management officer. The records management officer shall establish policies and procedures regulating the operations and use of DMARC by city departments. (Ord. Nos. 20787; 23267) SEC. 39C-18.   MICROFILMING CITY RECORDS.    (a)   City records may be microfilmed in accordance with the records management program, this chapter, state law, and the administrative rules of the Texas State Library and Archives Commission.    (b)   Every department director shall coordinate the microfilming of a city record with the records management officer. The records management officer shall periodically review each department’s microfilm programs as to cost- effectiveness, administrative efficiency, and compliance with the records management program, this chapter, state law, and the administrative rules of the Texas State Library and Archives Commission. (Ord. Nos. 20787; 23267) SEC. 39C-19.   ELECTRONIC STORAGE OF CITY RECORDS.    (a)   The creation, maintenance, preservation, electronic document imaging, and storage of the electronic records of the city must comply with the records management program, this chapter, state law, and the administrative rules of the Texas State Library and Archives Commission.    (b)   Before a city record may be stored electronically, a department director must submit a request for authorization for the electronic storage of the record to the records management officer as required by the records management program, this chapter, and state law. (Ord. Nos. 20787; 22026; 23267) SEC. 39C-20.   RIGHT OF RECOVERY.    The city may demand and receive from any person any city record in private possession that was created or received by the city, the removal of which was not authorized by law. (Ord. Nos. 20787; 23267) SEC. 39C-21.   PENALTY.    An officer or employee who knowingly or intentionally violates a provision of this chapter or a requirement, policy, or procedure adopted under this chapter may be subject to prosecution and penalties under the Local Government Records Act. (Ord. Nos. 20787; 23267) CHAPTER 40 RAT CONTROL ARTICLE I. IN GENERAL. Sec. 40-1.   Definitions. Sec. 40-2.   Places where food exposed or offered for sale. Sec. 40-3.   Dumping or placing garbage and waste on land or water. Sec. 40-4.   Accumulation of lumber, boxes, etc. Sec. 40-5.   Penalty. ARTICLE II. BUSINESS BUILDINGS. Sec. 40-6.   Construction of buildings to conform to chapter. Sec. 40-7.   Inspections to determine rat infestation; order to protect against infestation. Sec. 40-8.   Inspections to determine compliance with chapter. Sec. 40-9.   Minimum requirements for applying rat-stoppage to buildings. Sec. 40-10.   Trapping and poisoning rats. Sec. 40-11.   Protection against climbing or roof rats. Sec. 40-12.   Authority to close building. Sec. 40-13.   Using building so that rat harborage brought into existence. ARTICLE I. IN GENERAL. SEC. 40-1.   DEFINITIONS.    For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:       (1)   BUSINESS BUILDING means any structure, whether public or private, regardless of the type of material used in its construction, located within the boundaries of the city that is adapted to the occupancy for transaction of business, whether vacant or occupied, for the rendering of professional services, for the display, sale or storage of goods, wares or merchandise, or for the performance of work or labor, including hotels, rooming houses, beer parlors, office buildings, public buildings, stores, markets, restaurants, grain elevators and abattoirs, warehouses, workshops and factories.       (2)   DIRECTOR means the director of the department designated by the city manager to enforce and administer this chapter and includes representatives, agents, or department employees designated by the director.       (3)   OPENING means and refers to any opening in the foundation, side, or walls of any business building, including roof, chimney eaves, grills, windows, sidewalk grates, and sidewalk elevators, through which a rat may pass.       (4)   PERSON means any owner, occupant, agent, individual, partnership, or corporation, or any other person in custody of any business building.       (5)   PREMISES means all business buildings, outhouses, sheds, barns, garages, docks, wharves, piers, grain elevators, and abattoirs, whether public or private, and any and all other structures used in connection with the operation of any business building.       (6)   RAT HARBORAGE means any condition found to exist under which rats may find shelter or protection, and includes any defective construction that would permit the entrance of rats into any business building.       (7)   RAT STOPPAGE means an inexpensive form of rat-proofing designed to prevent the ingress of rats into business buildings. It is essentially the closing or protecting of all openings in exterior walls and foundations or the gates in a sidewalk of business buildings with rat-proof materials installed in such a manner as to prevent rats from gaining entrance. (Ord. Nos. 7847; 27697) SEC. 40-2.   PLACES WHERE FOOD EXPOSED OR OFFERED FOR SALE.    Curb or farmers’ markets in which fruit or vegetables or any other food products are exposed and offered for sale, on racks, stands, platforms and in vehicles outside of business buildings, shall have floors paved with concrete or asphalt for the entire surface area of the market. Display racks, stands or platforms on which fruit or vegetables or any other food products are displayed or offered for sale shall be of sufficient height that all such fruit, vegetables or other food products shall be kept at a distance of not less than 18 inches above the floor pavement and be so constructed that rats cannot harbor therein or thereunder. (Ord. 7847) SEC. 40-3.   DUMPING OR PLACING GARBAGE AND WASTE ON LAND OR WATER.    (a)   It shall be unlawful for any person to dump or place on any land or on any water or waterway within the city any dead animal, butchers’ offal, seafood, or any waste vegetables, animal matter, or any food products whatsoever.    (b)   No garbage, rubbish, waste, or manure may be placed, left, dumped, or permitted to accumulate or remain in any building or premises in the city so that it shall or may afford food for or a harboring or breeding place for rats. Rat burrows and other exterior harborage shall be treated under methods directed by the director. (Ord. Nos. 7847; 27697) SEC. 40-4.   ACCUMULATION OF LUMBER, BOXES, ETC.    It shall be unlawful for any person to permit any premises, improved or unimproved, and all open lots and alleys in the city, to accumulate lumber, boxes, barrels, bricks or stones and similar materials that may be permitted to remain thereon and that may be used as a harborage by rats, unless same shall be placed on open racks and elevated not less than 18 inches above the ground, with a clear intervening space underneath, to prevent the harborage of rats. (Ord. 7847) SEC. 40-5.   PENALTY.    (a)   Any person who violates any provision of this chapter, except where it is shown that the person has endeavored to obtain the necessary materials required to ratproof the buildings covered by this chapter and that such materials were not available, is guilty of an offense.    (b)   An offense under this chapter is punishable by a fine of not more than $2,000 and, upon a first conviction of a violation of Section 40-4 of this chapter, not less than $200.    (c)   The minimum fine established in Subsection (b) shall be doubled for the second conviction of the same offense within any 24-month period and trebled for the third and subsequent convictions of the same offense within any 24-month period. At no time shall the minimum fine exceed the maximum fine established in Subsection (b). (Ord. Nos. 7847; 19963; 20599) ARTICLE II. BUSINESS BUILDINGS. SEC. 40-6.   CONSTRUCTION OF BUILDINGS TO CONFORM TO CHAPTER.    It shall be unlawful for any person to construct within the corporate limits of the city any business building, curb, or farmers’ market, unless such construction renders the business building ratproof in accordance with the regulations prescribed by this chapter. (Ord. Nos. 7847; 27697) SEC. 40-7.   INSPECTIONS TO DETERMINE RAT INFESTATION; ORDER TO PROTECT AGAINST INFESTATION.    The director is authorized to make frequent and unannounced inspections of existing business buildings within the corporate limits of the city for the purpose of determining any rat infestation, and order by written notice either the owner, occupant, agent, or any other person in custody of any rat-infested business building to protect such business building by rat-stoppage as provided in this chapter, regardless of the need for the remodeling of or repairs to such business buildings, and further order that such other rat control methods be employed as may be deemed necessary by the director to maintain business buildings free from rats. The written notice or order must specify the time, in no event less than 15 days, for completion of such work and improvements. Unless such work and improvements are completed in accordance with the written order or notice by either the owner, whether individual, partnership, corporation, occupant, agent, or any other person in custody of the business building within the time so specified or within the time to which a written extension has been granted by the director, then, in such event, the owner, occupant, agent, or any other person in custody of the building shall be deemed guilty of an offense under this chapter. (Ord. Nos. 7847; 27697) SEC. 40-8.   INSPECTIONS TO DETERMINE COMPLIANCE WITH CHAPTER.    In accordance with state law, the city health officer, or his representative, is authorized to make inspections during the course of and upon completion of any construction, repairs, remodeling, or installation of rat- control measures to business buildings to ensure compliance with this chapter, and no person shall interfere with or refuse to permit such inspection. (Ord. Nos. 7847; 17226; 27697) SEC. 40-9.   MINIMUM REQUIREMENTS FOR APPLYING RAT-STOPPAGE TO BUILDINGS.    For the purpose of obtaining maximum rat- stoppage at a minimum cost to the owner or occupant of business buildings, the following regulations are set forth as the minimum requirements for applying rat- stoppage to business buildings:    (a)   Approval of materials and method. The director shall approve all materials used and the method of installation.    (b)   Specifications for metal. Solid sheet metal, expanded metal, and wire cloth specified in these regulations must have a rust-resisting, protective coating, preferably galvanized.    (c)   Coverings for foundation wall ventilator openings. All foundation wall ventilator openings must be covered for their entire height and width with perforated sheet metal plates of a thickness not less than 14 gauge, or with expanded sheet metal of a thickness not less than 18 gauge, or with cast iron grilles or grates, or with any other material of sufficient strength and equal rat-resisting properties. The openings in the metal must be small enough to prevent the ingress of rats, and in no instance larger than one- half inch.    (d)   Miscellaneous foundation and exterior wall openings. All foundations and exterior wall openings, excluding those used for the purpose of ventilation, light, doors, and windows, such as those openings around pipes, electric cables, conduits, openings due to deteriorated wall, masonry or concrete, shall be protected against the ingress of rats by closing such openings with cement mortar, concrete or masonry, or close-fitting sheet metal or suitable size pipe flanges or other material with equal rat-resisting properties, which shall be securely fastened in place.    (e)   Doors.       (1)   All exposed edges of the lower eight inches of wooden doors and door jambs, serving as front, rear, or side entrances into business buildings, from the ground, basement or cellar floors, and other doors accessible to rats, must be protected against the gnawing of rats by covering such door and jambs with solid sheet metal of not less than 24 gauge thickness. The same material must be used on door sills or thresholds, or such door sills or thresholds may be constructed of cement, stone, steel, or cast iron.       (2)   All doors on which metal flashing has been applied must be properly hinged to provide for free swinging. When closed, doors must fit snugly so that the maximum clearance between any door, door jambs, and sill is not greater than three-eighths of an inch.       (3)   Doors, door jambs, and sills of coal chutes and hatchways that are constructed of wood must be covered with solid sheet metal of 24 gauge or heavier, or they may be replaced with metal chutes of 24 gauge or heavier installed in such a manner as will prevent the ingress of rats.       (4)   Door jambs and sills constructed of metal, concrete, masonry, stone, or cement mortar, or cast iron and steel, when fitting closely to exclude rats, are not required to comply with this subsection.    (f)   Windows.       (1)   All windows and other openings for the purpose of light or ventilation, located in the side or rear of exterior walls and within 30 inches above the existing ground level immediately below such opening, must be covered for their entire height and width, including frame, with wire cloth of 19 gauge or heavier, having a mesh of not larger than one-half inch.       (2)   All window and other openings for the purpose of light or ventilation in the exterior walls that may be accessible to rats by way of exposed pipes, wires, conduits, and other appurtenances must be covered with guards of wire cloth of 19 gauge or heavier, having a mesh of not larger than one-half inch, or, in lieu of wire cloth covering, the pipes, wires, conduits, and other appurtenances must be blocked from rat usage by installing sheet metal guards of 24 gauge or heavier. Such guards when used on horizontal pipes, wires, conduits, or other appurtenances must be placed in a vertical position [and] be snugly fitted around the pipe, wire, conduit, or other appurtenance.       (3)   Such guard must measure not less than 12 inches beyond and on all sides of the pipe, wire, conduit, or other appurtenance where the intervening space between the wall and pipe permits, and must extend 30 inches in an upward direction and 12 inches in a downward direction, and must be securely fastened to the pipe, wire, conduit, or other appurtenance and also the adjacent wall wherever practicable so that the guard will remain in a vertical position at all times.       (4)   Such guards when used on vertical pipes, wires, conduits, or other appurtenances must be fitted snugly around the pipe, wire, conduit, or other appurtenance, must be placed in a horizontal position (right angle to pipe, etc.), and must extend horizontally from the pipe, wire, conduit, or other appurtenance for a minimum distance of 12 inches beyond and on all sides of the pipe, wire, conduit, or other appurtenance, where the intervening space between pipe and wall permits, and must be securely fastened to the pipe, wire, conduit, or other appurtenance and also to the adjacent wall wherever practicable in such manner that the guard will remain in a horizontal position at all times.    (g)   Light wells in sidewalks.       (1)   Light wells with windows in exterior walls that are located below the outside ground level must be protected from the ingress of rats by one of the following methods:          (A)   Installing over light wells cast iron or steel grills or steel gratings, or other material of equal strength and rat-resisting properties, with openings in grills or gratings not to exceed one-half inch in shortest dimension.          (B)   Installing securely to and completely covering existing metal grills that are broken or have openings larger than one-half inch in shortest dimension, or otherwise defective, with expanded metal of 18 gauge or heavier, having openings not greater than one-half inch in shortest dimension, or with 16 gauge or heavier wire cloth with one-half inch mesh.       (2)   At the option of the owner, the opening in the wall of the building below the grate may be entirely closed with brick or concrete, or partially closed and the remaining open space covered with 19 gauge or heavier wire cloth with mesh not to exceed one-half inch.    (h)   Wood frame exterior wall construction.       (1)   Business buildings constructed on piers must have the intervening space between floor level and ground protected against the ingress of rats by installing a solid masonry or concrete curtain wall not less than four inches thick around the entire perimeter of the business building and extending such curtain wall to a depth of not less than 30 inches below the surface of the ground level with a 12 inch wide, four inch deep horizontal flange of the same material at the bottom of such concrete wall, or a solid sheet metal curtain wall of 24 gauge or heavier may be used around the intervening space between floor level and ground level and tying securely into the concrete chain wall at ground level. Properly protected ventilators must be installed in chain wall.       (2)   In lieu of the installation of curtain walls, all ground floors of wood construction may be replaced with concrete of not less than three inches in thickness with the exterior walls protected for a height of 12 inches above the concrete floor with masonry, concrete, or solid sheet metal of 24 gauge or heavier. Exterior wall protection must be securely tied into the concrete floor at all points. (Ord. Nos. 7847; 27697) SEC. 40-10.   TRAPPING AND POISONING RATS.    (a)   For the purpose of eliminating all rats that may remain in any business building after rat-stoppage has been carried into effect, all store rooms, warehouses, or other business buildings in the city shall be provided by the owner, occupant, agent or any other person in custody of such business building with one or more traps, which must be kept set and freshly baited at frequent intervals, maintained in good working condition, and inspected daily, and any rat or rats caught in each trap must be killed, removed daily, and disposed of in a manner acceptable to the director, and such trap or traps reset and rebaited.    (b)   Rats may also be destroyed by poisoning and fumigating in the manner approved by the director, or by any other authorized agency of the United States Public Health Service or the State Board of Health, and subject to applicable laws and ordinances relating to poisonous substances and fumigators. (Ord. Nos. 7847; 27697) SEC. 40-11.   PROTECTION AGAINST CLIMBING OR ROOF RATS.    (a)   In order to protect business buildings from what is commonly called the climbing or roof rat, it shall be unlawful to permit fishing poles, ladders, or any other object that a rat could climb on in order to reach the roof of any business building to lean against the side or walls of such business buildings.    (b)   The owner of a business building shall protect elevator shafts, fire escapes, and guy wires in such a manner that rats will not be able to gain ingress into the business building.    (c)   It shall be the duty of any person in charge of a business building to trim the branches of all trees extending over and against any business building, and same shall be cut and trimmed and kept trimmed and cut so that no part of any branch or any part of said tree shall be closer than 10 feet to any business building, and the tops of all trees shall be cut back 10 feet from a line extending perpendicularly from any exterior wall of a business building. (Ord. Nos. 7847; 27697) SEC. 40-12.   AUTHORITY TO CLOSE BUILDING.    When the director finds any building, structure, or premises so heavily infested with rats resulting in a present menace to the public health, the director shall have authority to close the building, structure, or premises to any occupancy or use until rats have been eradicated or while rats are being eradicated. (Ord. Nos. 7847; 27697) SEC. 40-13.   USING BUILDING SO THAT RAT HARBORAGE BROUGHT INTO EXISTENCE.    It shall be unlawful for any person to use or maintain any business building or premises in such a manner that a rat harborage is brought into existence or maintained. (Ord. Nos. 7847; 27697) CHAPTER 40A RETIREMENT Sec. 40A-1.   Definitions. Sec. 40A-2.   Creation of the retirement fund and board of trustees; composition and officers of the board. Sec. 40A-3.   Terms and remuneration of the board. Sec. 40A-4.   Powers, duties, and immunities of the board. Sec. 40A-4.1.   Investment managers; fiduciary duties. Sec. 40A-4.2.   Investment custody account. Sec. 40A-5.   Administrator of the retirement fund. Sec. 40A-6.   Employee contributions. Sec. 40A-7.   City contributions. Sec. 40A-7.1.   Modification of contribution rates. Sec. 40A-8.   Effect of membership in the retirement fund. Sec. 40A-9.   Actuarial assumptions. Sec. 40A-10.   Credited service; computation of benefits. Sec. 40A-10.1.   Restricted prior service credit. Sec. 40A-11.   Credited service for employment before a break in service. Sec. 40A-12.   Credited service for military active duty. Sec. 40A-13.   Credited service for leave of absence. Sec. 40A-14.   Reduction in force. Sec. 40A-15.   Retirement. Sec. 40A-16.   Retirement pension. Sec. 40A-17.   Disability retirement. Sec. 40A-18.   Disability retirement pension. Sec. 40A-19.   Termination of a disability retirement pension. Sec. 40A-20.   Re-employment of a retiree. Sec. 40A-20.1.   Selection of a designee. Sec. 40A-21.   Death benefits before retirement. Sec. 40A-22.   Selection of death benefits prior to retirement. Sec. 40A-23.   Death benefits after retirement. Sec. 40A-24.   Death benefits to minors. Sec. 40A-25.   Benefits to incompetent retirees or beneficiaries. Sec. 40A-26.   Direct rollover. Sec. 40A-27.   Health benefit supplements. Sec. 40A-28.   Cost-of-living adjustment to benefits. Sec. 40A-29.   Termination of city employment prior to retirement; benefits. Sec. 40A-30.   Refund or forfeiture of contributions. Sec. 40A-31.   Leave of absence. Sec. 40A-32.   Leave for military active duty. Sec. 40A-33.   Compliance with federal tax laws. Sec. 40A-34.   Nonalienation and nonreduction of benefits. Sec. 40A-35.   Amendment to this chapter. SEC. 40A-1.   DEFINITIONS.    In this chapter, unless the context clearly indicates otherwise:       (1)   ACTUARIAL EQUIVALENT means the equivalent in value on the basis of the actuarial factors recommended by the fund's actuary and adopted by the board.       (2)   ACTUARIAL VALUATION REPORT means the report issued by the fund's actuary and adopted by the board for any relevant period. The board shall provide a copy of each actuarial valuation report to the city promptly after adoption.       (3)   ACTUARIALLY REQUIRED CONTRIBUTION RATE means, for any fiscal year, a rate of contribution to the fund, expressed as a percentage of members' projected wages for such fiscal year, that is the sum of the following as determined in the actuarial valuation report for the preceding plan year:          (A)   the actuarial present value of the pension plan benefits and expenses that are allocated to a valuation period by the actuarial cost method; and          (B)   the contribution that will amortize the difference between the actuarial accrued liability of the fund and the actuarial value of the assets of the fund over the period of years required by generally accepted accounting principles.       (4)   ACTUARY means a person with at least five years of experience as an actuary working with one or more public retirement systems; and is a fellow of the Society of Actuaries, a member of the American Academy of Actuaries, or an enrolled actuary under the Employees Retirement Income Security Act of 1974 (29 U.S.C. Section 1001 et seq.).       (5)   AVERAGE MONTHLY EARNINGS means wages paid by the city, divided by the number of months of credited service of a member or inactive member, computed for whichever of the following periods is most beneficial to the member or inactive member:          (A)   For Tier A members or inactive members, the:             (i)   three calendar years of credited service in which the member or inactive member was paid the highest wage;             (ii)   last 6,240 hours of credited service; or             (iii)   length of credited service if less than three years.          (B)   For Tier B members or inactive members, the:             (i)   five calendar years of credited service in which the member or inactive member was paid the highest wage;             (ii)   last 10,400 hours of credited service; or             (iii)   length of credited service if less than five years.       (6)   BASE PENSION means the amount of retirement pension or death benefits as computed under this chapter at the time of retirement or death of a member, inactive member, or retiree.       (7)   BENEFICIARY means a person who is entitled to payment of benefits under this chapter upon the death of a member, inactive member, or retiree.       (8)   BOARD means the board of trustees of the employees' retirement fund of the city of Dallas.       (9)   CHILD means an unmarried person whose parent is a member, inactive member, or retiree.       (10)   CITY means the city of Dallas, Texas.       (11)   CITY COUNCIL means the governing body of the city of Dallas, Texas.       (12)   COMMUTED VALUE means the present value of a series of payments to be made in the future, the present value to be calculated using the actuarial interest assumption prescribed in Section 40A-9 as the only discounting factor.       (13)   CREDITED SERVICE means any period that a person is paid as an employee of the city and contributes to the fund.       (14)   CURRENT ADJUSTED TOTAL OBLIGATION RATE means, for any fiscal year, the rate recommended by the fund's actuary and adopted by the board as follows, using whichever formula is applicable:          (A)   If the current total obligation rate minus the prior adjusted total obligation rate is greater than three, then the current adjusted total obligation rate for such fiscal year is equal to the lesser of:             (i)   the prior adjusted total obligation rate plus one-half times the difference of the current total obligation rate minus the prior adjusted total obligation rate; or             (ii)   110 percent times the prior adjusted total obligation rate; or             (iii)   36 percent.          (B)   If the difference between the current total obligation rate and the prior adjusted total obligation rate is less than three, then the current adjusted total obligation rate for such fiscal year is equal to the prior adjusted total obligation rate.          (C)   If the prior adjusted total obligation rate minus the current total obligation rate is greater than three, then the current adjusted total obligation rate for such fiscal year is equal to the greater of:             (i)   the prior adjusted total obligation rate minus one-half times the difference of the prior adjusted total obligation rate minus the current total obligation rate; or             (ii)   90 percent times the prior adjusted total obligation rate.       (15)   CURRENT TOTAL OBLIGATION RATE means, for any fiscal year, the rate adopted by the board that is equal to the sum of the pension obligation bond credit rate for such fiscal year plus the actuarially required contribution rate for such fiscal year.       (16)   DEPENDENT PARENT means a member, inactive member, or retiree's parent who is:          (A)   totally and permanently disabled and who receives over half of the support for each calendar year from the member, inactive member, or retiree; or          (B)   65 years of age or older.       (17)   DESIGNEE means an estate, a person, or an entity selected by:          (A)   a member or inactive member to receive a refund of contributions under Section 40A-21(b);          (B)   a member, inactive member, or retiree to receive a commuted value lump sum payment under Section 40A-16(e) or 40A-21(c); or          (C)   a member, inactive member, or retiree to receive the earned but unpaid portion of the final month's pension due under Section 40A-23(e).       (18)   EMPLOYEE:          (A)   means a person employed by the city on a permanent basis who receives regular compensation from the city; and          (B)   does not mean:             (i)   an elective officer or nonsalaried appointive member of an administrative board or commission;             (ii)   a person retained under contract for a definite period or for the performance of a particular service;             (iii)   a person given a temporary designation for the purpose of employment by the city;             (iv)   a leased employee; or             (v)   a police officer, firefighter, or fire alarm operator as those categories are defined in the classifications of the personnel department of the city.       (19)   FISCAL YEAR means the city's fiscal year, which is the 12-month period commencing October 1 and ending the following September 30.       (20)   INACTIVE MEMBER means a person:          (A)   who has terminated employment with the city but who has not retired; and          (B)   whose contributions to the fund have not been forfeited or withdrawn.       (21)   INJURY means an accident resulting in damage or harm to the physical structure of the body.       (22)   INTERNAL REVENUE CODE means the Internal Revenue Code of 1986, or its successor, as amended.       (23)   LEASED EMPLOYEE means an individual who is not a common law employee of the city but who provides services to the city, if:          (A)   such services are performed pursuant to an agreement between the city and another person;          (B)   the individual has performed such services for the city or for the city and a related person or persons on a substantially full-time basis for at least one year; and          (C)   such services are performed under the primary direction or control of the city.       (24)   LEAVE OF ABSENCE means:          (A)   leave without pay granted by the city in accordance with a uniform and nondiscriminatory leave policy; or          (B)   leave during which a member receives worker's compensation benefits or short-term disability benefits.       (25)   MEMBER means an employee who is currently contributing to the retirement fund or who is on an approved leave of absence, but does not include a person establishing credited service under Section 40A-14 after termination of employment because of reduction in force.       (26)   NONSERVICE DISABILITY means total and permanent disability caused by injury, sickness, or disease while not in the performance of official city duties.       (27)   PARENT has the meaning ascribed to that term in Section 51.02 of the Texas Family Code, as amended.       (28)   PART-TIME EMPLOYEE means an employee classified as part-time by the city under Section 34-8(c) of this code, as amended.       (29)   PENSION means an amount payable monthly to a person eligible to receive death or retirement benefits under the retirement fund.       (30)   PENSION OBLIGATION BOND CREDIT RATE means, for any fiscal year, the rate adopted by the board that is a percentage calculated by dividing the:          (A)   debt service due during such fiscal year on any pension obligation bonds, the proceeds of which have been deposited in the fund, by          (B)   total members' projected wages for such fiscal year, as reported in the relevant actuarial valuation report.       (31)   PENSION OBLIGATION BONDS means bonds described in Chapter 107 of the Texas Local Government Code (or any successor law that supersedes such chapter) and issued by the city.       (32)   PERCENTAGE MULTIPLIER means the percentage by which the average monthly earnings of a member or inactive member is multiplied in order to compute benefits.       (33)   PERMANENT BASIS means employment of an individual for an unfixed continuing period.       (34)   PERSON means an individual.       (35)   PLAN YEAR means the calendar year or other plan year adopted by the board.       (36)   PRICE INDEX means the national Consumer Price Index of Urban Wage Earners and Clerical Workers (CPI-W) published by the Bureau of Labor Statistics of the U. S. Department of Labor, or its successor in function.       (37)   PRIOR ADJUSTED TOTAL OBLIGATION RATE means, for any fiscal year, the current adjusted total obligation rate that was effective for the prior fiscal year.       (38)   QUALIFIED RECIPIENT means:          (A)   the spouse of a deceased member or inactive member at the time of death of the member or inactive member;          (B)   the spouse of a deceased retiree, if the spouse was married to the retiree at the time of retirement and at the time of the retiree's death;          (C)   each child of a deceased member, inactive member, or retiree under the age of 18, if the child was alive or had been conceived at the time of death of the member, inactive member, or retiree;          (D)   each totally and permanently disabled child of a deceased member, inactive member, or retiree if the child was totally and permanently disabled before the age of 18; and          (E)   a parent of a deceased member, inactive member, or retiree who was a dependent parent at the time of death of the member, inactive member, or retiree.       (39)   RESTRICTED PRIOR SERVICE CREDIT means service credit for work as a permanent, full-time, paid employee of a government entity, agency, authority, or political subdivision of the United States or its states or territories, performed before employment or re-employment by the city.       (40)   RETIREE means a person who was once a member but who has retired from city employment and is receiving a pension from the fund other than a death benefit.       (41)   RETIREMENT means terminating city employment for a reason other than death and fulfilling all requirements for a pension under this chapter.       (42)   RETIREMENT FUND or FUND means the employees' retirement fund of the city of Dallas and the program of benefits established under this chapter and any rule or regulation established by the board.       (43)   SERVICE DEATH means the death of a member resulting from an injury sustained while in the performance of official city duties. A death resulting from an injury sustained while in the performance of official city duties does not include:          (A)   a death caused by an act of God unless the member in the performance of official city duties was subjected to a greater hazard from an act of God than that to which the general public was subjected;          (B)   a death caused by an act of a third person who causes the death of the member because of reasons personal to the third person and not for reasons of the member's employment;          (C)   a death caused while the member was attempting to injure or kill another person;          (D)   a suicide;          (E)   a death while on leave of absence, unless the leave was granted solely because of an injury sustained in the performance of official city duties and the injury was the primary cause of death;          (F)   a death while on leave for military active duty; or          (G)   a death resulting from an injury in which a contributing factor was the member's ingestion of an alcoholic beverage or illegal ingestion, inhalation, or injection of a controlled substance.       (44)   SERVICE DISABILITY means total and permanent disability caused by injury while in the performance of official city duties. An injury while in the performance of official city duties does not include:          (A)   an injury caused by an act of God unless the member in the performance of official city duties was subjected to a greater hazard from an act of God than that to which the general public was subjected;          (B)   an injury caused by an act of a third person who injures the member because of reasons personal to the third person and not for reasons of the member's employment;          (C)   an injury in which a contributing factor was the member's ingestion of an alcoholic beverage or illegal ingestion, inhalation, or injection of a controlled substance;          (D)   an injury caused while the member was attempting to injure or kill another person; or          (E)   an injury that was self-inflicted.       (45)   SPOUSE means the person to whom the member, inactive member, or retiree is married, as evidenced by the last marriage certificate or declaration of informal marriage on file with the retirement fund and verified by the administrator to be valid in the jurisdiction in which the marriage was celebrated.       (46)   TIER A means:          (A)   a person who was:             (i)   employed by the city before January 1, 2017; or             (ii)    re-employed or reinstated by the city on or after January 1, 2017, and whose credited service before January 1, 2017, has not been canceled by withdrawal or forfeiture; and          (B)   a beneficiary or designee of that person.       (47)   TIER B means:          (A)   a person who was:             (i)   employed by the city on or after January 1, 2017; or             (ii)    re-employed or reinstated by the city on or after January 1, 2017, and whose prior credited service has been canceled by withdrawal or forfeiture; and          (B)   a beneficiary or designee of that person.       (48)   TOTAL AND PERMANENT DISABILITY means the continuing inability of a person to obtain and retain any type of employment for compensation as a result of a mental or physical impairment caused by an injury or illness. A person is not under a total or permanent disability if, with reasonable effort and safety to the person, the impairment can be diminished to the extent that the person will not be prevented by the impairment from obtaining and retaining any type of employment for compensation.       (49)   TRANSITION YEAR means each of the following:          (A)   the first fiscal year in which debt service payments related to pension obligation bonds are due from the city; and          (B)   the first fiscal year in which no debt service payments related to pension obligation bonds are due from the city.       (50)   VESTED means that a member or inactive member has accumulated sufficient credited service or age to have earned a nonforfeitable right to receive a pension benefit, payable in accordance with the terms of the plan.       (51)   WAGE:          (A)   means:             (i)   wages of an employee as defined in Section 3401(a) of the Internal Revenue Code for income tax withholding, including salary continuation payments made to an employee with a job-related injury or illness;             (ii)    compensation that by special rule is excluded from Section 3401(a) of the Internal Revenue Code because of the nature or location of the services performed;             (iii)   elective contributions to a plan of deferred compensation, including a plan established under Section 125, 401(k), or 457 of the Internal Revenue Code, and elective reductions in compensation for qualified transportation fringe benefits that are excluded from an employee's gross income by reason of Section 132(f)(4) of the Internal Revenue Code; and             (iv)   any lump sum payment made at termination of employment for accrued vacation leave or prorated service incentive pay; and          (B)   does not mean:             (i)   expense reimbursements, expense allowances, car allowances, or moving expenses;             (ii)   cash or noncash fringe benefits;             (iii)   welfare benefits, including, but not limited to, health benefits or life insurance benefits;             (iv)   deferred compensation, unless made under a plan described in Paragraph (A)(iii) of this subsection;             (v)   any lump sum payment made at retirement for accrued sick leave or attendance incentive leave;             (vi)   workers compensation benefits, short-term disability benefits, or catastrophic leave benefits; or             (vii)   any compensation in excess of the limits imposed by Section 401(a)(17)(A), as adjusted in accordance with Section 401(a)(17)(B), of the Internal Revenue Code. (Ord. Nos. 15414; 16886; 17713; 18181; 19470; 20960; 21582; 22345; 25695; 25818; 28739; 29644; 30162) SEC. 40A-2.   CREATION OF THE RETIREMENT FUND AND BOARD OF TRUSTEES; COMPOSITION AND OFFICERS OF THE BOARD.    (a)   Creation. There is hereby created the employees' retirement fund of the city of Dallas, which is a trust fund, and the board of trustees of the employees' retirement fund of the city of Dallas.    (b)   Public entity. The fund is a public entity established for the exclusive purpose of providing benefits to members and their beneficiaries. Except as permitted under this chapter or by state law, the employees' retirement fund of the city of Dallas is the name in which all of its business must be transacted, all of its funds invested, and all of its cash, securities, and property held.    (c)   Composition of the board.       (1)   The board shall be composed of seven members consisting of:          (A)   three persons appointed by the city council who may be city council members;          (B)   three employees from different departments of the city who are elected by members of the retirement fund and who are members of the retirement fund; and          (C)   the city auditor.       (2)   If only one eligible employee is nominated for an elected board position described in Subsection (c)(1)(B) of this section, that employee will be declared elected to that position by the board without requiring an election by the members of the retirement fund.    (d)   Chair and vice chair.       (1)   The board shall elect a chair and a vice-chair at the first regular meeting each calendar year. The chair shall call a meeting as frequently as necessary to conduct the business of the board, but not less than quarterly. In the absence of the chair, the vice-chair may call meetings or preside over meetings of the board.       (2)   If the office of chair or vice-chair becomes vacant, the board will elect a replacement at its next meeting. (Ord. Nos. 15414; 20960; 21582; 25695; 30162) SEC. 40A-3.   TERMS AND REMUNERATION OF THE BOARD.    (a)   Terms.       (1)   Elected board members.          (A)   On and after January 1, 2017, the three elected positions on the board will be designated Place 1, Place 2, and Place 3, respectively, as determined by the board.          (B)   The elected members, including incumbents, of the board shall serve without remuneration and for terms as follows:             (i)   A member elected to Place 1 will serve a three-year term, with the initial term running from January 1, 2017, through December 31, 2019.             (ii)   A member elected to Place 2 will serve a three-year term, with the initial term running from January 1, 2019, through December 31, 2021.             (iii)   A member elected to Place 3 will serve a three-year term, except that the initial term will be for two years and run from January 1, 2019, through December 31, 2020.       (2)   Appointed board members. The appointed members of the board shall serve without remuneration and for terms of two years.    (b)   Vacancy.       (1)   A position on the board becomes vacant if the occupant:          (A)   was elected as an employee member and is no longer an employee;          (B)   was appointed while serving as a city council member and is no longer a city council member; or          (C)   gives the chair written notice of resignation from the board.       (2)   If a vacancy occurs on the board in a position held by:          (A)   an elected employee member, the board shall hold an election within 90 days after the vacancy occurs to fill the unexpired term of the member; or          (B)   a city council appointee, the city council shall appoint a new member to fill the unexpired term of the member. (Ord. Nos. 15414; 20960; 21582; 25695; 30162) SEC. 40A-4.   POWERS, DUTIES, AND IMMUNITIES OF THE BOARD.    (a)   In addition to other powers and duties it may have under state or federal law, the board shall have the power and duty to:       (1)   administer the retirement fund in accordance with this chapter for the exclusive purposes of providing benefits to members, inactive members, retirees, and their beneficiaries and defraying reasonable expenses of administering the fund;       (2)   adopt rules and regulations not inconsistent with this chapter and the constitution and laws of this state;       (3)   invest, reinvest, alter, and change the funds of the retirement fund with the care, skill, prudence, and diligence under the prevailing circumstances that a prudent person acting in like capacity and familiar with matters of the type would use in the conduct of an enterprise with a like character and like aims;       (4)   diversify the investments of the fund to minimize the risk of large losses, unless under the circumstances it is clearly prudent not to do so;       (5)   pay for professional services out of investments of the retirement fund when it is actuarially determined that the payments will not have an adverse effect on payment of benefits and when in the judgment of the board the services are necessary;       (6)   appoint an administrator and authorize employees to carry out the business of the board;       (7)   establish rates of compensation for employees of the retirement fund, subject to the approval of the city council and in accordance with civil service rules of the city;       (8)   correct administrative errors and remedy any effects of those errors;       (9)   make a final determination of the eligibility of a member, inactive member, retiree, or beneficiary for a normal, early, service, or disability pension or death benefits;       (10)   issue subpoenas for the attendance of witnesses and the production of records, papers, or other objects, administer oaths to witnesses, and examine witnesses on any matter relating to the payment of benefits of the retirement fund;       (11)   determine the time, method, and manner of election to the board;       (12)   prepare and adopt a budget;       (13)   pay for fiduciary insurance out of investments of the retirement fund when it is actuarially determined that the payments will not have an adverse effect on payment of benefits and when in the judgment of the board the services are necessary;       (14)   pay for the costs of administration out of investments of the retirement fund when it is actuarially determined that the payments will not have an adverse effect on payment of benefits and when in the judgment of the board the costs are necessary;       (15)   sue and be sued in the name of the fund;       (16)   appoint an actuary and adopt actuarial assumptions for the fund;       (17)   appoint such other professionals as it deems appropriate and necessary;       (18)   interpret this chapter as necessary to resolve any problems created by any ambiguities, inconsistencies, or omissions that might be found in this chapter;       (19)   direct the fund's actuarial firm to perform an annual experience review of assumptions as part of its annual actuarial valuation;       (20)   direct the fund's actuarial firm to perform a complete analysis of actuarial assumptions as frequently as the board deems necessary, but not less frequently than every five years; and       (21)   engage a second actuarial firm to perform an actuarial peer review/audit as the board deems necessary.    (b)   The board may not cause the fund to engage in a transaction if the board knows or should know that the transaction directly or indirectly constitutes a prohibited transaction under Section 503(b) of the Internal Revenue Code.    (c)   No expenditures may be made from the retirement fund without the approval of the board by resolution or by adoption of its budget.    (d)   The board shall adopt the actuarially required contribution rate, the current adjusted total obligation rate, the current total obligation rate, and the pension obligation bond credit rate for each fiscal year no later than June 1 of the preceding fiscal year, and shall promptly notify the city manager of the adoption.    (e)   At least every five plan years, or in accordance with state law, whichever is sooner, the board shall provide 60 days' notice to the city manager:       (1)   that the board intends to engage a second actuarial firm to perform an actuarial peer review/audit; and       (2)   the name of the actuarial firm the board intends to engage.    If, within the 60 days, the city manager objects to the actuarial firm selected, the board shall seek another actuarial firm to perform the peer review/audit and re-notify the city manager. This process shall repeat until the city manager no longer objects to the actuarial firm the board intends to engage. The board shall then engage such actuarial firm for such purpose. If the process described in Section 40A-7.1 is used, the requirements of this subsection shall be satisfied for the plan year in which the process concludes.    (f)   The board shall meet at any time after posting timely notice as required by law. Four members of the board constitute a quorum. The approval of four members of the board is necessary for any motion of the board to carry.    (g)   The board is not liable for its acts and conduct or any losses incurred in the administration of the retirement fund, the management of the assets of the fund, or the investment of the fund if the board has met the standards set forth in Subsections (a) and (b) of this section and in Sections 40A-4.1 and 40A-4.2.    (h)   If the board, in good faith, is in doubt as to the construction or interpretation of any provision of this chapter, or has any other question that may arise during the administration of the retirement fund, the board may resolve all such doubts and questions without obtaining a judicial construction. All constructions and interpretations made by the board are binding and conclusive.    (i)   The board may consult with an actuary, attorney, physician, or accountant, who may also be employed by the city. The board is not liable for any act or conduct that was performed in good faith reliance on the opinion of an actuary, attorney, physician, or accountant with respect to an actuarial, legal, medical, or accounting matter, respectively. (Ord. Nos. 15414; 17713; 18181; 19470; 20960; 21582; 22345; 25695; 30162) SEC. 40A-4.1.   INVESTMENT MANAGERS; FIDUCIARY DUTIES.    (a)   The board may appoint investment managers for the fund by contracting for professional investment management services with one or more organizations, which may include a bank if it has a trust department, that are in the business of managing investments.    (b)   To be eligible for appointment under this section, an investment manager must be:       (1)   an organization registered under the Investment Advisors Act of 1940 (15 U.S.C. Section 80b-1 et seq.);       (2)   a bank as defined by that Act; or       (3)   an insurance company qualified to perform investment services under the laws of more than one state.    (c)   In a contract made under this section, the board shall specify any policies, requirements, or restrictions, including criteria for determining the quality of investments and for the use of standard rating services, that the board may adopt for investment of the fund.    (d)   In choosing and contracting for professional investment management services and in continuing the use of an investment manager, the board must act prudently and in the interest of the members, inactive members, retirees, and their beneficiaries.    (e)   The board is not liable for the acts or omissions of an investment manager appointed under this section, nor is the board obligated to invest or otherwise manage any asset of the fund subject to management by the investment manager.    (f)   An investment manager appointed under this section shall acknowledge in writing the manager's fiduciary responsibilities to the fund, which include the same duties assigned to the board in Section 40A-4(a)(1), (3), and (4).    (g)   The investment standards provided by Section 40A-4(a) and (b) and the policies, requirements, and restrictions adopted under this section are the only standards, policies, requirements, and restrictions governing the investment of funds of the retirement fund by an investment manager or by the board during a 90-day interim between professional investment management services. Any other standard, policy, requirement, or restriction provided by law is suspended and not applicable during a time, and for 90 days after a time, in which an investment manager is responsible for investment of fund assets. If an investment manager has not begun managing investments before the 91st day after the date of termination of the services of a previous investment manager, the standards, policies, requirements, and restrictions otherwise provided by law are applicable until the date professional investment management services are resumed. (Ord. Nos. 21582; 30162) SEC. 40A-4.2.   INVESTMENT CUSTODY ACCOUNT.    (a)   If the board contracts for professional investment management services, it also shall enter into an investment custody account agreement designating one or more banks, depository trust companies, or brokerage firms meeting the requirements under Section 802.205(d) of the Texas Government Code, as amended, to serve as custodian for the assets allocated to or generated under the contract.    (b)   Under an investment custody account agreement, the board shall require the designated custodian to perform the duties and assume the responsibilities for funds under the contract for which the agreement is established that are performed and assumed, in the absence of a contract, by the custodian of system funds. (Ord. Nos. 21582; 30162) SEC. 40A-5.   ADMINISTRATOR OF THE RETIREMENT FUND.    (a)   The administrator of the retirement fund shall carry out the business of the board and keep a record of the proceedings of the board.    (b)    The administrator, in accordance with civil service rules of the city, may appoint and hire deputies and other employees.    (c)   The administrator shall serve at the will of the board.    (d)   The administrator is the "plan administrator," as that term is defined in 26 U.S.C. 414(g).    (e)   Whenever the term "executive director" is used in relation to the retirement fund in any plan documents, contracts, resolutions, or other documents generated by the board or the fund, or in any city ordinances, resolutions, or contracts related to the fund, that term will mean "administrator." (Ord. Nos. 15414; 19470; 20960; 21582; 30162) SEC. 40A-6.   EMPLOYEE CONTRIBUTIONS.    (a)   Members. Every employee must be a member of the fund except:       (1)   a retiree re-employed by the city, who may elect not to contribute to the fund under Section 40A-20; or       (2)   a leased employee who is not eligible to contribute to the fund.    (b)   Contribution amount.       (1)   For each pay period ending during a transition year, each member shall contribute to the retirement fund an amount equal to 37 percent times the current total obligation rate for that fiscal year times the member’s wages for the pay period.       (2)   For each pay period ending during a fiscal year other than a transition year, each member shall contribute to the retirement fund an amount equal to 37 percent times the current adjusted total obligation rate for that fiscal year times the member’s wages for the pay period.    (c)   Deductions. The contributions by each member receiving compensation from the city will normally be made by means of deduction on each payday.    (d)   Discontinuing contributions.       (1)   No member may discontinue contributions to the retirement fund unless the member is on:          (A)   unpaid leave for military active duty; or          (B)   a leave of absence.       (2)   A member who discontinues contributions to the retirement fund under Subsection (d)(1)(B) will have any retirement or death benefits computed based on credited service established at the date of discontinuance. (Ord. Nos. 15414; 17713; 19470; 20960; 21582; 25695; 30162) SEC. 40A-7.   CITY CONTRIBUTIONS.    (a)   Contribution amount.       (1)   For each pay period ending during a transition year, the city shall contribute to the retirement fund an amount equal to:          (A)   63 percent times the current total obligation rate for that fiscal year times the members' wages for the pay period, minus          (B)   the pension obligation bond credit rate for that fiscal year times the members' wages for the pay period.       (2)   For each pay period ending during a fiscal year other than a transition year, the city shall contribute to the retirement fund an amount equal to:          (A)   63 percent times the current adjusted total obligation rate for that fiscal year times the members' wages for the pay period, minus          (B)   the pension obligation bond credit rate for that fiscal year times the members' wages for the pay period.    (b)   The city shall provide for costs of administration of the retirement fund, if the board determines that payment of the costs by the retirement fund will have an adverse effect on payment of benefits and that the costs are necessary. The city may modify any budget provision for administrative costs that it is being asked to fund under this subsection.    (c)   The total contributions of the employees and the city must be forwarded by the city to the retirement fund not later than the end of each week for all contributions made as to the pay period ending in that week.    (d)   The city may not contribute to the retirement fund for an employee on leave of absence or unpaid leave for military active duty.    (e)   The city may not withdraw its contribution previously made to the retirement fund. Nothing in this subsection prohibits the administrative adjustment of future contributions for erroneously made prior contributions, if the adjustment is made within 60 days after the error is made or discovered, whichever occurs later.    (f)   All payments and benefits provided for in this chapter must be made from the retirement fund. There is no obligation on the part of the city, the board, or the employees to provide for payment of benefits from any other source, nor is there any liability on the city or the employees to make any contribution other than those specified in this section and Section 40A-6. (Ord. Nos. 15414; 18181; 19470; 20960; 21582; 25695; 30162) SEC. 40A-7.1.   MODIFICATION OF CONTRIBUTION RATES.    (a)   Notwithstanding the provisions of Sections 40A-4(d), 40A-6, and 40A-7, for any fiscal year in which the prior adjusted total obligation rate does not equal the current adjusted total obligation rate, the city may, within 45 days after receiving notice of the rates adopted by the board under Section 40A-4(d), retain at its complete discretion its own actuary who shall calculate member and city contributions to the fund based on the methods, assumptions, projections, and calculations determined by the actuary employed by the city; provided, however, that the actuarial assumptions must be consistent with the terms of this chapter. If the city's actuary agrees with the board's actuary, the determinations of the board's actuary shall be used to determine member and city contributions to the fund for the fiscal year.    (b)   If there is a dispute between the actuary employed by the board and the actuary employed by the city with respect to the required member and/or city contributions to the fund for a fiscal year, the two actuaries shall attempt to resolve their differences. If the two actuaries resolve their differences, they shall sign a document setting forth the underlying actuarial methods, assumptions, projections, and calculations, and the resulting actuarially required contribution rate, current adjusted total contribution rate, current total obligation rate, and pension obligation bond credit rate, all of which shall be adopted by the board and used to determine member and city contributions to the fund for the fiscal year if the dispute is resolved prior to the commencement of the fiscal year; unless the board determines, in its discretion, that the conclusions agreed to by the two actuaries are not actuarially sound, in which case the board shall adopt sound actuarial assumptions and the resulting actuarially required contribution rate, current adjusted total obligation rate, current total obligation rate, and pension obligation bond credit rate.    (c)   If the differences between the two actuaries cannot be resolved within 90 days after the appointment of the second actuary, the board shall retain a third actuary based upon the joint recommendation of the other two actuaries. The third actuary shall review and calculate member and city contributions to the fund based on the methods, assumptions, projections, and calculations determined by the third actuary; provided, however, that the actuarial assumptions must be consistent with the terms of this chapter. The board, the city, and their respective actuaries shall cooperate with the third actuary and promptly provide such information as the third actuary reasonably requests. The three actuaries shall confer regarding the actuarial dispute between the city's and the board's actuaries, and shall attempt to resolve their differences. If any two of the three actuaries agree regarding the underlying actuarial methods, assumptions, projections, and calculations, and the resulting actuarially required contribution rate, current adjusted total obligation rate, current total obligation rate, and pension obligation bond credit rate, such joint determinations shall be communicated in writing to the board and adopted by the board and used in establishing the member and city contributions to the fund for the fiscal year if the dispute is resolved prior to the commencement of the fiscal year; unless the board determines, in its discretion, that the conclusions agreed upon are not actuarially sound, in which case the board shall adopt sound actuarial assumptions and the resulting actuarially required contribution rate, current adjusted total obligation rate, current total obligation rate, and pension obligation bond credit rate.    (d)   If a dispute described in this Section 40A-7.1 is not resolved prior to the commencement of the fiscal year, the member and city contributions to the fund for such fiscal year (as a percentage of wages) shall be the same as the prior fiscal year.    (e)   Notwithstanding Section 40A-1(37), for any fiscal year in which the process described in this Section 40A-7.1 results in a change in the current adjusted total obligation rate, then the prior adjusted total obligation rate for the succeeding fiscal year shall be deemed to be the current adjusted total obligation rate determined by the board through the process described in this section. (Ord. Nos. 25695; 30162) SEC. 40A-8.   EFFECT OF MEMBERSHIP IN THE RETIREMENT FUND.    A person, by becoming or remaining a member, inactive member, retiree, or beneficiary of the retirement fund, binds the person and the person's heirs, administrators, executors, legal representatives, beneficiaries, and survivors to all provisions of this chapter. (Ord. Nos. 15414; 19470; 20960; 21582; 30162) SEC. 40A-9.   ACTUARIAL ASSUMPTIONS.    (a)   Except when specifically provided otherwise in this chapter, the board, upon recommendation of the fund's actuary, shall adopt and establish reasonable actuarial assumptions, interest rates, and mortality tables to be used under this chapter.    (b)   When determining the commuted value of future benefits under the fund during a particular calendar year, the five-year average of the 10-year treasury bond (calculated as of the last business day of each of the last five years averaged together) is the interest assumption that must be used.    (c)   When calculating the limits under Section 415 of the Internal Revenue Code, the applicable mortality table and applicable interest rate determined by the United States secretary of the treasury and in effect at the time of the calculation must be used. (Ord. Nos. 20960; 21582; 28739; 30162) SEC. 40A-10.   CREDITED SERVICE; COMPUTATION OF BENEFITS.    (a)   A retiree or a beneficiary is entitled to benefits of the retirement fund on the basis of credited service established while a member.    (b)   Credited service includes:       (1)   the length of credited service performed by the member or inactive member before retirement for which contributions to the fund have not been withdrawn or forfeited;       (2)   the length of credited service performed by the member or inactive member prior to withdrawal or forfeiture of contributions to the fund if the credited service has been reinstated under Section 40A-11;       (3)   the length of credited service for military active duty under Section 40A-12;       (4)   the amount of vacation leave for which the member or inactive member received lump sum payment at termination of employment;       (5)   the amount of credited service that is established at the time of a reduction in force in accordance with Section 40A-14; and       (6)   the amount of credited service established by a retiree who is re- employed by the city and elects to contribute to the fund in accordance with Section 40A-20.    (c)   For purposes of determining eligibility to retire, but not for purposes of computing benefits, a part-time employee shall receive one year of credited service upon completion of 1,000 hours of service in any 12- consecutive-month period beginning on the employee's date of employment or employment anniversary date.    (d)   For the purpose of computing benefits, a member is deemed to be on leave of absence during any portion of a work period for which the member does not receive wages from the city, including, but not limited to, any time for which the member does not receive wages as a result of part-time employment or pro rata compensation. A member receiving sick leave or salary continuation payments in an amount coordinated with workers compensation payments is deemed to be receiving wages for that portion of time covered by sick leave and salary continuation payments and to be on leave of absence for that portion of time covered by workers compensation payments.    (e)   Benefits may not exceed 100 percent of the average monthly earnings of the member or inactive member.    (f)   For a Tier A member or inactive member, benefits are computed at the rate of 2-3/4 percent of the average monthly earnings of the member or inactive member for the total amount of credited service by the member or inactive member. Benefits will be prorated for each partial year of credited service.    (g)   For a Tier B member or inactive member, benefits are computed at the rate of 2-1/2 percent of the average monthly earnings of the member or inactive member for the total amount of credited service by the member or inactive member. Benefits will be prorated for each partial year of credited service.    (h)   Benefits will be computed under this chapter without regard to gender. (Ord. Nos. 15414; 16886; 18181; 20443; 20960; 21582; 30162) SEC. 40A-10.1.   RESTRICTED PRIOR SERVICE CREDIT.    (a)   A Tier B member may be eligible for restricted prior service credit to be used in determining a member's eligibility to vest or retire, but not toward calculating benefits under this chapter.    (b)   To be eligible, a Tier B member must apply for restricted prior service credit not later than three years after the date of employment or re- employment by the city. The application must be on a form approved by the administrator and must be submitted to the administrator. Upon verification of prior restricted service, the administrator shall grant the credit. (Ord. 30162) SEC. 40A-11.   CREDITED SERVICE FOR EMPLOYMENT BEFORE A BREAK IN SERVICE.    (a)   An eligible member whose credited service in the fund was canceled by withdrawal or forfeiture of contributions may reinstate the credited service.    (b)   To be eligible to reinstate credited service under this section, a member must have:       (1)   returned to employment with the city and resumed contributing to the fund within six years of the end of the period of service for which credit was canceled; and       (2)   continuously contributed to the fund for 12 consecutive months after returning to city employment.    (c)   A member may reinstate credited service only during the 24-month period beginning on the completion of 12 consecutive months of service following a cancellation of credited service.    (d)   A member shall have only one period of time under this section in which to reinstate credited service canceled by any single withdrawal or forfeiture of contributions.    (e)   An eligible member choosing to reinstate credited service must reinstate either all of the credited service canceled by a single withdrawal or forfeiture or the amount of credited service canceled by a single withdrawal or forfeiture that is needed to make the member eligible for pension benefits equal to 100 percent of the member's average monthly earnings on the date of reinstatement. Where reinstatement of a portion of credited service is authorized under this subsection, the member must reinstate credited service from the last earned to the first earned.    (f)   An eligible member may reinstate credited service as follows:       (1)   If credited service was canceled by withdrawal of contributions,          (A)   a Tier A member must deposit in the fund a lump sum equal to the amount withdrawn, or portion of the amount withdrawn where full credited service is not to be reinstated, plus interest of 7-1/2 percent compounded annually from the date of withdrawal to the date of reinstatement; and          (B)   a Tier B member must deposit in the fund a lump sum equal to the amount withdrawn, or portion of the amount withdrawn where full credited service is not to be reinstated, plus interest at a rate equal to the highest actuarial rate of return assumption used during the withdrawal period compounded annually from the date of withdrawal to the date of reinstatement.       (2)   If credited service was canceled by forfeiture of contributions, the member must file an application for reinstatement on a form approved by the administrator and submit the application to the administrator.    (g)   If an eligible member has more than one break in service during which credited service was canceled, the credited service must be reinstated from the last canceled to the first canceled. (Ord. Nos. 154141; 19470; 20960; 21582; 30162) SEC. 40A-12.   CREDITED SERVICE FOR MILITARY ACTIVE DUTY.    (a)   A member with a break in service for military active duty is entitled to credited service for the period of military active duty not exceeding five years if the time is spent in the service of the armed forces of the United States, provided the member satisfactorily completes active service and returns to the service of the city after the member's discharge within the period described by law, if any.    (b)   Benefits of a member allowed under Subsection (a) for the period of the break in service for military active duty is computed at the appropriate rate of the average monthly earnings of the member on the date the break in service for military active duty was granted for each year the member is on military active duty.    (c)   Notwithstanding any other provision to the contrary, contributions, benefits, and service with respect to qualified military service will be provided in accordance with Section 414(u) of the Internal Revenue Code.    (d)   If a member dies while performing qualified military service (as defined in Section 414(u) of the Internal Revenue Code), the beneficiaries of the member are entitled to any additional benefits (other than benefits relating to the period of qualified military service) that would have been provided if the member had returned to service and then died. (Ord. Nos. 15414; 18181; 19470; 20960; 21582; 25818; 28739; 30162) SEC. 40A-13.   CREDITED SERVICE FOR LEAVE OF ABSENCE.    Except as provided in Section 40A-12, no credited service will be given for time spent on leave of absence. (Ord. Nos. 15414; 20960; 21582; 30162) SEC. 40A-14.   REDUCTION IN FORCE.    (a)   The administrator must be notified in writing by the city manager, or by any department head not under the city manager, each time an employee who is a member is terminated as the result of a reduction in force. The determination of the city manager, or a department head not under the city manager, as to the date and the cause of termination is final and binding.    (b)   A person is eligible to establish credited service under this section if the person:       (1)   had five or more years of credited service at the time of termination;       (2)   would have been eligible to retire within two years had employment not been terminated; and       (3)   was designated by the city manager, or by a department head not under the city manager, as being terminated as a result of a reduction in force.    (c)   A person eligible under Subsection (b) may establish any amount of credited service desired, up to a maximum of the amount of credited service needed to take the person to the earliest retirement date, by making a lump sum payment of the amount required by Subsection (d) within 90 days after the person's termination date.    (d)   The amount of contributions required to be paid to establish credited service under Subsection (c) is equal to the employee contribution rate being paid under Section 40A-6 plus the city contribution rate being paid under Section 40A-7 multiplied by the average monthly wage earned by the person during the last 12 full months of service prior to termination multiplied by the number of months of credited service to be established.    (e)   Credited service established under this section will be credited to the person purchasing the credited service on a month-by-month basis as if the person had remained a city employee and a member.    (f)   If a person who paid to establish credited service under this section is reinstated as a member before establishing all of the service purchased, then any unused portion of the lump sum payment will be returned to the person without interest, and any uncredited service for which payment was made will be canceled.    (g)   If a person who paid to establish credited service under this section dies before establishing all of the credited service purchased, then any unused portion of the lump sum payment will be paid to the beneficiary, or, if there is no beneficiary, to the decedent's estate without interest, and any uncredited service for which payment was made will be canceled. (Ord. Nos. 20960; 21582; 22345; 30162) SEC. 40A-15.   RETIREMENT.    (a)   A Tier A inactive member with five or more years of credited service or a Tier A member is eligible for:       (1)   a normal retirement pension at age 60;       (2)   an unreduced service retirement pension at age 50, if the member or inactive member has 30 years of credited service; or       (3)   a service retirement pension at any age below age 50, if the member or inactive member has 30 years of credited service, provided that benefits will be actuarially reduced from age 50 in accordance with Section 40A-16(c).    (b)   A Tier A member is eligible for an unreduced service retirement pension at or after age 50 if the person's age and years and partial years of credited service, when added together, total at least 78.    (c)   A Tier B inactive member with five or more years of credited service or a Tier B member with five or more years of credited service is eligible for:       (1)   a normal retirement pension at age 65; or       (2)   an unreduced service retirement pension if the member or inactive member has 40 years of credited service.    (d)   A Tier B member with five or more years of credited service is eligible for a retirement pension if the person's age and years and partial years of credited service, when added together, total at least 80.       (1)   Benefits for a member retiring under Subsection 40A-15(d) before the age of 65 will be actuarially reduced in accordance with Section 40A-16(d).       (2)    A member who is eligible to retire under this subsection before the age of 65 may terminate city employment and elect to defer retirement and the receipt of benefits until age 65, at which age the benefits received will not be actuarially reduced under Section 40A-16(d). At any time before the age of 65, the person may revoke this election and choose to retire and receive benefits, which benefits will be actuarially reduced under Section 40A-16 based on the person's age on the date the revocation application is approved by the administrator. The application for an election to defer a retirement as described in Section 40A-15(d) of this chapter or to revoke that election must be on a form approved by the administrator and must be submitted to the administrator. The administrator must approve the application in accordance with rules and procedures adopted by the board. (Ord. Nos. 15414; 16886; 18181; 19470; 20960; 21582; 22345; 30162) SEC. 40A-16.   RETIREMENT PENSION.    (a)   A member or inactive member eligible for a retirement pension is entitled to a pension for life computed on the amount of credited service of the member or inactive member.    (b)   Except as provided in Section 40A-18(a), a member or inactive member eligible for a retirement pension is entitled to a pension beginning from the date of eligibility, but not before the member or inactive member's last paid day of employment with the city.    (c)   A Tier A member or inactive member eligible for a service retirement pension who retires before the age of 50 is entitled to the following percentage of a benefit calculated under Section 40A-10(f):   Age Percentage 49 93.3 48 87.2 47 81.5 46 76.3 45 71.5 44 67.0      (d)   A Tier B member eligible for an early retirement pension under Section 40A-15(d) of this chapter who retires before the age of 65 is entitled to a benefit calculated under Section 40A-10(g) and then reduced in accordance with actuarially equivalent factors adopted by the board and in effect at the time of the member's retirement. These actuarially equivalent factors may not be given effect for at least six months after their adoption by the board. Copies of the actuarially equivalent factors must be maintained in the fund office and published on the fund's website.    (e)   The following retirement options are payable from the fund:       (1)   Life with a 10 year certain option. Under this option, a retiree will receive an unreduced pension for life. If the retiree dies before 120 monthly payments have been made, then an unreduced pension will be paid to the designated beneficiary or beneficiaries for the remainder of 10 years from the effective date of the retiree's retirement. Only qualified recipients of the retiree are eligible to be beneficiaries. If the retiree dies and if all designated beneficiaries die or cease to be eligible before 120 monthly payments have been made, then a final payment equal to the commuted value of the balance of the 120 monthly payments will be paid in the following order of priority:          (A)   to one or more designees; or          (B)   if no designee exists, to the retiree's estate.       (2)   Joint and one-half survivor option. Under this option, a Tier A retiree will receive an unreduced pension for life and, after the retiree's death, one-half of the unreduced pension will be paid for the life of one beneficiary designated by the retiree before retirement. A Tier B retiree will receive an actuarially reduced pension for life and, after the retiree's death, one-half of the reduced pension will be paid for the life of one beneficiary designated by the retiree before retirement. Only a qualified recipient of the retiree other than one described in Section 40A-1(38)(C) is eligible to be the beneficiary. If both the retiree and the designated beneficiary die before 120 monthly payments have been made, then a final payment equal to the commuted value of the balance of the 120 monthly payments will be made to one or more designees or, if no designee exists, to the estate of the last person entitled to monthly benefits.       (3)   Joint and full survivor option. Under this option, a retiree will receive an actuarially-reduced pension for life and, after the retiree's death, the same pension will be paid for the life of one beneficiary designated by the retiree before retirement. Only a qualified recipient of the retiree other than one designated in Section 40A-1(38)(C) is eligible to be the beneficiary. If both the retiree and the designated beneficiary die before 120 monthly payments have been made, then a final payment equal to the commuted value of the balance of the 120 monthly payments will be made to one or more designees or, if no designee exists, to the estate of the last person entitled to monthly benefits.    (f)   Except as provided in Subsection (g), at the time of a normal, early, service, or disability retirement, a member or inactive member may select either a:       (1)   joint and one-half survivor option; or       (2)   life with a 10 year certain option.    (g)   At the time of normal, early, service, or disability retirement, a member who is eligible by age and years of credited service for a normal, early, or service retirement pension or a member or inactive member who is retiring with 15 or more years of credited service may select:       (1)   a joint and one-half survivor option;       (2)   a life with a 10 year certain option; or       (3)   a joint and full survivor option.    (h)   Each retiring member or inactive member who is married shall designate the spouse as beneficiary under the joint and full survivor option, if eligible to select that option, or under the joint and one-half survivor option, if not eligible to select the joint and full survivor option. Any other designation of a beneficiary or selection of a retirement option will be effective only if agreed to by the spouse in writing on a form filed with the administrator.    (i)   Except as provided in Section 40A-20, a retirement option may not be changed after the effective date of retirement. (Ord. Nos. 15414; 18181; 19470; 20960; 21582; 22345; 25695; 30162) SEC. 40A-17.   DISABILITY RETIREMENT.    (a)   Any member or inactive member who is totally and permanently disabled with a service disability is eligible for a disability retirement pension.    (b)   Any member who is totally and permanently disabled with a nonservice disability and who has five or more years of credited service is eligible for a disability retirement pension.    (c)   Any inactive member who is totally and permanently disabled with a nonservice disability and who has 10 or more years of credited service is eligible for a disability retirement pension.    (d)   The board shall determine the disability of a member or inactive member. The determination of the board is final. (Ord. Nos. 15414; 20960; 21582; 30162) SEC. 40A-18.   DISABILITY RETIREMENT PENSION.    (a)   A member or inactive member is not eligible for a disability retirement pension until 90 days after the member or inactive member's last working day before being disabled, or until application is made to the board, whichever occurs later.    (b)   A member or inactive member eligible for a disability retirement pension is entitled to a disability retirement pension for life with benefits computed at the rates reflected in Section 40A-10, subject to the following minimums:       (1)   The minimum disability retirement pension payable for a nonservice disability is equal to 10 times the percentage multiplier used in computing benefits of the member or inactive member on the date of retirement multiplied by the member or inactive member's average monthly earnings.       (2)   The minimum disability retirement pension payable for a service disability is equal to the greater of:          (A)   $1,000 a month, regardless of the date of retirement; or          (B)   10 times the percentage multiplier used in computing benefits of the member or inactive member on the date of retirement multiplied by the member or inactive member's average monthly earnings. (Ord. Nos. 15414; 16886; 18181; 19470; 20443; 20960; 21582; 22345; 30162) SEC. 40A-19.   TERMINATION OF A DISABILITY RETIREMENT PENSION.    (a)   A retiree entitled to a disability retirement pension may not receive a disability retirement pension if the retiree:       (1)   does not submit, when requested by the administrator, a truthful sworn affidavit stating any earnings from any gainful activity;       (2)   is re-employed by the city or capable of performing the duties of the position previously held with the city;       (3)   refuses, when requested by the administrator, to submit to a medical examination by a doctor approved by the board;       (4)   is found to be earning or be capable of earning compensation in an amount greater than $250 per month, whether or not such a position is available; or       (5)   is found to be involved in any gainful activity not commensurate with health limits imposed by the attending physician.    (b)   The board shall discontinue a disability retirement pension if it determines that one of the conditions of Subsection (a) exists. The determination by the board is final.    (c)   A person whose disability retirement pension is discontinued under this section is entitled to other benefits payable under the fund for all credited service previously accrued and not canceled by forfeiture or refund of contributions. Any refund of the person's contributions based on credited service previously accrued will be made without interest, less any previous retirement pension payments. (Ord. Nos. 15414; 18181; 20960; 21582; 30162) SEC. 40A-20.   RE-EMPLOYMENT OF A RETIREE.    (a)   If a retiree is re-employed by the city in a position normally covered by the fund, the retiree:       (1)   irrevocably waives all rights to payment of pension benefits for the period of re-employment; and       (2)   may elect to become a member and contribute to the retirement fund during the period of re-employment.    (b)   Upon termination of re-employment of a retiree who elects to contribute to the fund under Subsection (a), pension benefits will be calculated as follows:       (1)   If the period of re-employment was for less than 12 months, pension benefits for the credited service from which the person had previously retired will be reinstated in the form and amount previously paid, modified by any intervening cost-of-living adjustments. Pension benefits for credited service for the period of re-employment will be calculated in accordance with the formulas and options available under the fund on the date of termination of re- employment.       (2)   If the period of re-employment was for at least 12 months, the person may choose to have pension benefits paid in accordance with Paragraph (1) of this subsection or calculated on all credited service for all periods of employment in accordance with the formulas and options available under the fund on the date of termination of re-employment. If the new election changes or adds a retirement option or designated beneficiary for a period of credited service from which the person had previously retired and the change would have a negative actuarial effect on the fund, the pension benefits will be reduced by an amount calculated by the fund's actuary as necessary to prevent the loss.    (c)   A retiree re-employed by the city who does not contribute to the fund is, after termination of re-employment, entitled to those pension benefits payable on the date of re-employment, modified by any intervening cost-of- living adjustments. (Ord. Nos. 15414; 16886; 17713; 19470; 20960; 21582; 30162) SEC. 40A-20.1.   SELECTION OF A DESIGNEE.    (a)   A member, inactive member, or retiree may at any time select a designee or designees or change a previous selection of a designee or designees.    (b)   If a designee is a former spouse, the designation must have been signed by the member, inactive member, or retiree after the divorce, or the designation of the former spouse is void.    (c)   A designee who is a person must be alive at the time payment is due, or the designation of that person is void. A designee that is an entity must be in existence at the time payment is due, or the designation of that entity is void.    (d)   Any selection of a designee by a member or inactive member must be ratified at the time of retirement, or it becomes void. (Ord. Nos. 22345; 30162) SEC. 40A-21.   DEATH BENEFITS BEFORE RETIREMENT.    (a)   Before retirement, a member or inactive member is eligible for the death benefits described in this section.    (b)   Refund of contributions.       (1)   If a member who is not eligible to retire by both age and years of credited service dies with less than two years of credited service, a refund of the member's contributions will be paid to one or more designees or, if no designee exists, to the member's estate.       (2)   If an inactive member who terminated city employment without having at least five years of credited service dies before receiving a refund of contributions, a refund of the contributions will be paid to one or more designees or, if no designee exists, to the inactive member's estate, except that if more than three years have passed between the date of termination of city employment and the date of death, then the contributions are forfeited under Section 40A-30 and are not refundable.    (c)   Death benefit options.       (1)   10 year certain option. Under this option, the designated beneficiary or beneficiaries will receive an unreduced pension for 120 months. Only qualified recipients of the member or inactive member are eligible to be beneficiaries. If all beneficiaries die or cease to be eligible before 120 monthly payments have been made, then a lump sum payment equal to the commuted value of the balance of the 120 monthly payments will be paid in the following order of priority:          (A)   to one or more designees; or          (B)   if no designee exists, to the estate of the member or inactive member.       (2)   One-half survivor option. Under this option, one designated beneficiary will receive one-half of an unreduced pension for life. Only a qualified recipient of the member or inactive member other than one described in Section 40A-1(38)(C) is eligible to be the beneficiary. If the designated beneficiary dies or ceases to be eligible before 120 monthly payments have been made, then a lump sum payment equal to the commuted value of the balance of the 120 monthly payments will be paid in the following order of priority:          (A)   to one or more designees;          (B)   if no designee exists and if an eligible beneficiary survived the member or inactive member, to the estate of the beneficiary; or          (C)   if no designee exists and if no eligible beneficiary survived the member or inactive member, to the estate of the member or inactive member.       (3)   Full survivor option. Under this option, one designated beneficiary will receive a reduced pension for life based upon the relative ages of the member or inactive member and the beneficiary on the day before the member or inactive member's death in an amount actuarially equivalent to an unreduced pension payable to the member or inactive member. Only a qualified recipient of the member or inactive member other than one described in Section 40A-1(38)(C) is eligible to be the beneficiary. If the designated beneficiary dies or ceases to be eligible before 120 monthly payments have been made, then a lump sum payment equal to the commuted value of the balance of the 120 monthly payments will be paid in the following order of priority:          (A)   to one or more designees;          (B)   if no designee exists and if an eligible beneficiary survived the member or inactive member, to the estate of the beneficiary; or          (C)   if no designee exists and if no eligible beneficiary survived the member or inactive member, to the estate of the member or inactive member.    (d)   If an inactive member dies with at least five years, but less than 15 years, of credited service, a death benefit is payable in accordance with this subsection. The pension will not be reduced because of the age of the inactive member. The pension will be based upon the inactive member's actual credited service or 10 years credited service, whichever is greater, and the benefit formulas in effect at the time of termination of city employment. The death benefit will be paid as either:       (1)   a 10 year certain option; or       (2)   a one-half survivor option.    (e)   If a member who is not described in Subsection (f) dies with at least two years, but less than 15 years, of credited service, a death benefit is payable in accordance with this subsection. The pension will not be reduced because of the age of the member. The pension will be based upon the member's actual credited service or 10 years credited service, whichever is greater. The death benefit will be paid as either:       (1)   a 10 year certain option; or       (2)   a one-half survivor option.    (f)   If a member who is eligible to retire by both age and years of credited service or a member or inactive member who has at least 15 years of credited service dies, a death benefit is payable in accordance with this subsection. The pension will not be reduced because of the age of the member or inactive member. The pension will be based upon the member or inactive member's actual credited service or 10 years credited service, whichever is greater. The death benefit will be paid as either:       (1)   a 10 year certain option; or       (2)   a full survivor option.    (g)   Death benefits for any service death will be determined as follows:       (1)   The benefits will be computed using the greater of:          (A)   the decedent's actual credited service; or          (B)   10 times the percentage multiplier used in computing benefits of the decedent on the date of death multiplied by the decedent's average monthly earnings.       (2)   The benefits may never be less than $1,000 per month, regardless of the date of death, or the amount computed under Paragraph (1) of this subsection, whichever is greater.    (h)   If two or more beneficiaries are entitled to pension payments from the account of a deceased member or inactive member and one of the beneficiaries dies or becomes ineligible, then that beneficiary's share of the pension will be divided equally among any remaining beneficiaries. (Ord. Nos. 15414; 16886; 17713; 18181; 19470; 20443; 20960; 21582; 22345; 25695; 30162) SEC. 40A-22.   SELECTION OF DEATH BENEFITS PRIOR TO RETIREMENT.    (a)   A member or inactive member described in Section 40A-21(d), (e), (f), or (g) is eligible to select a death benefit option for the payment of a pension as provided by those provisions. The selected option will become effective only if the member or inactive member dies while eligible to select the option.    (b)   Designation of beneficiaries.       (1)   Each member or inactive member who is married at the time a death benefit option is selected shall designate the spouse as beneficiary under the full survivor option or, if not eligible for the full survivor option, under the one-half survivor option. Any other designation of a beneficiary or selection of a death benefit option will become effective only if agreed to by the spouse in writing on a form filed with the administrator.       (2)   A death benefit option that designates a spouse as beneficiary becomes void if the member or inactive member and the spouse become divorced.       (3)   Upon the marriage of a member or inactive member, a death benefit option that does not designate the new spouse as beneficiary under either the full survivor option or the one-half survivor option becomes void.    (c)   If a member or inactive member selects a one-half survivor option, and the member or inactive member is eligible to select a full survivor option at the time of death, then benefits under a full survivor option will be paid.    (d)   If an eligible member or inactive member dies without having selected a death benefit option or if the selection cannot be made effective, the surviving spouse may select an option as if the member or inactive member had made the selection. If there is no surviving spouse, the personal representative of the estate of the member or inactive member may make the selection for the benefit of the qualified recipients. If there are no qualified recipients, then a lump sum payment equal to the commuted value of a 10 year certain option will be paid to the estate of the member or inactive member. (Ord. Nos. 15414; 16886; 18181; 19470; 20960; 21582; 30162) SEC. 40A-23.   DEATH BENEFITS AFTER RETIREMENT.    (a)   A retiree who dies shall have death benefits determined and distributed in accordance with the provisions of the retirement option selected at retirement.    (b)   If two or more beneficiaries are entitled to a pension upon a retiree's death and one of the beneficiaries subsequently dies or becomes ineligible, then that beneficiary's share of the pension will be divided equally among any remaining beneficiaries.    (c)   If a retiree marries after retirement, the spouse of this marriage is not eligible for any retirement benefit from the fund other than as the retiree's heir, devisee, or designee.    (d)   If the retiree is divorced, the former spouse has no right to benefits except as provided in Section 40A-34(b).    (e)   When a retiree or beneficiary dies, the earned but unpaid portion of the final month's benefit will be paid as follows:       (1)   To the beneficiary or beneficiaries entitled to future monthly benefits from the fund, to be divided in the same proportional shares as the future monthly benefits are to be divided.       (2)   If there are no future monthly benefits payable, then to the decedent's surviving spouse, if any.       (3)   If there are no future monthly benefits payable and if there is no surviving spouse, then to the executor or administrator of the decedent's estate, if any.       (4)   If there are no future monthly benefits payable, if there is no surviving spouse, and if no executor or administrator has been named within 120 days of the decedent's death, then to the decedent's heirs as established by an affidavit of heirship filed with the administrator of the retirement fund. (Ord. Nos. 15414; 16886; 17713; 18181; 19470; 20443; 20960; 21582; 30162) SEC. 40A-24.   DEATH BENEFITS TO MINORS.    If a minor is entitled to benefits from the retirement fund, the board must pay the benefits to the minor's legal guardian or, until one is appointed, the minor's natural guardian, who shall be entitled to receive the benefits for the best interest of the child. (Ord. Nos. 15414; 20960; 21582; 30162) SEC. 40A-25.   BENEFITS TO INCOMPETENT RETIREES OR BENEFICIARIES.    If a court has appointed a personal representative of a retiree or qualified recipient entitled to benefits from the retirement fund, the board shall pay those benefits to the court-appointed representative. (Ord. Nos. 17713; 19470; 20960; 21582; 30162) SEC. 40A-26.   DIRECT ROLLOVER.    (a)   Notwithstanding any provision of the plan to the contrary that would otherwise limit a distributee's election under this section, a distributee may elect, at the time and in the manner prescribed by the plan administrator, to have any portion of an eligible rollover distribution paid directly to an eligible retirement plan specified by the distributee in a direct rollover.    (b)   Definitions. In this section:       (1)   ELIGIBLE ROLLOVER DISTRIBUTION means any distribution of all or any portion of the balance to the credit of the distributee, except that an eligible rollover distribution does not include:          (A)   any distribution that is one of a series of substantially equal periodic payments (not less frequently than annually) made for the life or life expectancy of the distributee or the joint lives or joint life expectancies of the distributee and the distributee's designated beneficiary, or for a specified period of 10 years or more;          (B)   any distribution to the extent such distribution is required under Section 401(a)(9) of the Internal Revenue Code; or          (C)   any distribution that is made upon hardship of the employee.       (2)   ELIGIBLE RETIREMENT PLAN means an individual retirement account described in Section 408(a) of the Internal Revenue Code, an individual retirement annuity described in Section 408(b) of the Internal Revenue Code, an annuity plan described in Section 403(a) of the Internal Revenue Code, an eligible deferred compensation plan that is maintained by an eligible employer described in Section 457(e)(1) of the Internal Revenue Code, an annuity contract described in Section 403(b) of the Internal Revenue Code, or a qualified trust described in Section 401(a) of the Internal Revenue Code, that accepts the distributee's eligible rollover distribution. An eligible retirement plan means only an individual retirement account or individual retirement annuity in the case of an eligible rollover distribution for a designated beneficiary that is not:          (A)   the surviving spouse; or          (B)   an alternate payee under a qualified domestic relations order who is a spouse or former spouse.       (3)   DISTRIBUTEE means:          (A)   an employee or former employee;          (B)   the employee or former employee's surviving spouse;          (C)   an alternate payee under a qualified domestic relations order who is the employee or former employee's spouse or former spouse, but only with regard to the interest of the spouse or former spouse under the qualified domestic relations order; or          (D)   the employee or former employee's designated beneficiary.       (4)   DIRECT ROLLOVER means a payment by the plan to the eligible retirement plan specified by the distributee.       (5)   DESIGNATED BENEFICIARY means an individual who is designated to receive an eligible rollover distribution. (Ord. Nos. 21582; 25818; 28739; 30162) SEC. 40A-27.   HEALTH BENEFIT SUPPLEMENTS.    (a)   A Tier A retiree or beneficiary is eligible for a health benefit supplement in addition to the amount otherwise payable under the fund. The health benefit supplement is equal to $25 a month for each full year of credited service or $125 a month, whichever is less. Payment of the health benefit supplement will be prorated for each partial year of credited service.    (b)   If more than one beneficiary is receiving a pension from the account of a deceased member, inactive member, or retiree, the health benefit supplement will be divided among the beneficiaries in shares proportionate to their rights to the pension.    (c)   A health benefit supplement is not includable when calculating lump sum death benefit payments.    (d)   Health benefit supplements attributable to retirements and deaths that occurred before January 1, 2017 shall not be reduced by reason of Subsection (a).    (e)   A Tier B retiree or beneficiary is not eligible for any health benefit supplement. (Ord. Nos. 20960; 21582; 22345; 30162) SEC. 40A-28.   COST-OF-LIVING ADJUSTMENT TO BENEFITS.    (a)   On January 1 of each year, a cost-of-living adjustment will be made to the base pension payable to each retiree or beneficiary, if the person was entitled to a base pension on or before December 31 of the preceding year. If a base pension becomes payable during the 12 months preceding the cost-of-living adjustment, the adjustment will be prorated, with one-twelfth being paid for each whole or part month from the date the base pension became payable to the end of the year.       (1)   A health benefit supplement under Section 40A-27 is not base pension and is not subject to any cost-of-living adjustment.       (2)   The minimum amount payable as a disability retirement pension for a service disability under Section 40A-18(b)(2) or as death benefits for a service death under Section 40A-21(g)(2) will be considered the base pension for computing cost-of-living adjustments unless a greater base pension is payable under this chapter.    (b)   The cost-of-living adjustment to the base pension will be made by using one of the following methods, whichever is the most beneficial to the retiree or beneficiary:       (1)   the percentage of change in the price index for October of the current year over October of the previous year, up to:          (A)   five percent for a Tier A retiree or beneficiary; or          (B)   three percent for a Tier B retiree or beneficiary; or       (2)   the percentage of the annual average change of the price index for the latest 12 months available, up to:          (A)   five percent for a Tier A retiree or beneficiary; or          (B)   three percent for a Tier B retiree or beneficiary.    (c)   The cost-of-living adjustment may not reduce benefits of a retiree or beneficiary.    (d)   In addition to the regular cost-of-living adjustment payable under Subsection (a) of this section, the board may from time to time grant an additional temporary or permanent adjustment if there exists investment income in excess of that needed to maintain the actuarial soundness of the fund. The adjustment is discretionary with the board in both its grant and application after the board has considered the funding of the increase and the relative needs of the retirees and beneficiaries. The adjustment may not increase or decrease the base pension of the retirees and beneficiaries. Any discretionary adjustment granted by the board under this subsection will not become effective unless approved by an ordinance or resolution of the city council. (Ord. Nos. 15414; 16886; 19470; 20960; 21582; 22345; 25695; 30162) SEC. 40A-29.   TERMINATION OF CITY EMPLOYMENT PRIOR TO RETIREMENT; BENEFITS.    (a)   A member with five or more years of credited service who terminates employment before becoming eligible for a normal, early, or service retirement pension is entitled to:       (1)   a refund of contributions to the retirement fund, without interest, any time after termination, less any previous retirement pension payments; or       (2)   payment of a retirement pension and benefits at the time the member becomes eligible.    (b)   An inactive member with more than 10 years of credited service who terminated employment before becoming eligible for a normal, early, or service retirement pension is eligible to apply for a disability retirement pension as provided in Section 40A-17.    (c)   A member with less than five years of credited service at the time of termination of employment who does not retire or withdraw contributions to the fund and who is later re-employed:       (1)   before contributions are forfeited under Section 40A-30(b), shall have any pension benefits payable for all periods of credited service based on the provisions of the fund in effect on the date of termination of re-employment;       (2)   after contributions are forfeited under Section 40A-30(b), but who reinstates credited service by filing the application required under Section 40A-11, shall have pension benefits payable for all periods of credited service based on provisions of the fund in effect on the date of termination of re- employment; or       (3)   after contributions are forfeited under Section 40A-30(b), but who is not eligible to reinstate credited service under Section 40A-11, shall be treated as a new employee by the fund and have no right to pension benefits based on the period of canceled credited service.    (d)   A member with five or more years of credited service at the time of termination of employment who does not retire or withdraw contributions to the fund and who is later re-employed for:       (1)   less than 12 full months of continuous service, shall have pension benefits payable on the period of credited service earned prior to the break in service based on provisions of the fund in effect at the time such service ended, while pension benefits for the period of credited service earned during re- employment will be based on provisions of the fund in effect on the date of termination of re-employment;       (2)   at least 12 full months of continuous service, shall have pension benefits payable on all periods of credited service based on provisions of the fund in effect on the date of termination of re-employment. (Ord. Nos. 15414; 17713; 18181; 19470; 20960; 21582; 30162) SEC. 40A-30.   REFUND OR FORFEITURE OF CONTRIBUTIONS.    (a)   A member who terminates city employment without either retiring or having sufficient credited service to retire at a future date is entitled to the amount of the member's contributions to the retirement fund, without interest, less any previous retirement pension payments, except as provided by federal law.    (b)   A member who terminates employment without either retiring or having sufficient credited service to retire at a future date must make written application with the retirement fund for the refund of the member's contributions within three years of the date of termination or all of the member's rights to a refund of contributions will be forfeited, and the contribution will remain in the retirement fund.    (c)   Actuarial gains and forfeitures of employee or city contributions must be applied to reduce the cost of the fund and may not be used to increase benefits otherwise payable under the fund. (Ord. Nos. 15414; 18181; 20960; 21582; 30162) SEC. 40A-31.   LEAVE OF ABSENCE.    (a)   A member on leave of absence, who is eligible to retire because of disability or because of age and length of credited service, is entitled to:       (1)   receive a pension for normal, early, or service retirement; or       (2)   receive a pension for disability retirement or have death benefits paid to the beneficiaries if the leave of absence was granted for sickness or injury.    (b)   The administrator of the retirement fund must be notified in writing by the city manager, or by any department head not under the city manager, of a member who has been granted a leave of absence and must be furnished with a copy of a written authorization for the leave of absence.    (c)   A leave of absence will be regarded for retirement fund purposes as a break in service and not as a termination of employment. (Ord. Nos. 15414; 20960; 21582; 30162) SEC. 40A-32.   LEAVE FOR MILITARY ACTIVE DUTY.    The administrator of the retirement fund must be notified in writing by the city manager, or by any department head not under the city manager, of a member who has been granted a leave for military active duty and must be furnished with a copy of a written authorization for the leave. (Ord. Nos. 15414; 19470; 20960; 21582; 30162) SEC. 40A-33.   COMPLIANCE WITH FEDERAL TAX LAWS.    (a)   A member or survivor of a member of the pension system may not accrue a retirement pension, or any other benefit under this chapter, in excess of the benefit limits applicable to the fund under Section 415 of the Internal Revenue Code. The board shall reduce the amount of any benefit that exceeds those limits by the amount of the excess. If total benefits under this fund and the benefits and contributions to which any member is entitled under any other qualified plans maintained by the city would otherwise exceed the applicable limits under Section 415 of the Internal Revenue Code, the benefits the member would otherwise receive from the fund shall be reduced to the extent necessary to enable the benefits to comply with Section 415. The limits shall be adjusted annually in accordance with Section 415(d) of the Internal Revenue Code. The annual adjustment shall apply to the benefits of both active and inactive members and shall apply without regard to whether retirement benefits are being received.    (b)   The total salary taken into account for any purpose for any member of the pension system may not exceed the limit imposed pursuant to Section 401(a) (17) of the Internal Revenue Code for any year ($360,000 for an eligible participant and $245,000 for an ineligible participant for 2009). These dollar limits shall be adjusted from time to time in accordance with guidelines provided by the United States secretary of the treasury. For purposes of this subsection, an eligible participant is a person who first became an active member before 1996, and an ineligible participant is a member who is not an eligible participant.    (c)   Amounts representing forfeited nonvested benefits of terminated members may not be used to increase benefits payable from the fund.    (d)   Distribution of benefits must begin not later than April 1 of the year following the calendar year during which the member entitled to the benefits becomes 70-1/2 years of age or terminates employment with the city, whichever is later, and must otherwise conform to Section 401(a)(9) of the Internal Revenue Code.    (e)   If the retirement fund is fully terminated or partially terminated, as determined by the Internal Revenue Service, or if all city contributions to the retirement fund are discontinued, the rights of each member affected by the termination or discontinuance that have accrued at the date of termination or discontinuance will be fully vested to the extent funded.    (f)   It is intended that the provisions of this chapter be construed and administered in such a manner that the fund's program of benefits will be considered a qualified plan under Section 401(a) of the Internal Revenue Code. In determining qualification status under Section 401(a), the fund's program of benefits will be considered the primary retirement plan for members of the fund.    (g)   The right of each member to such member's interest accrued under this chapter shall become 100 percent vested, if not already vested, upon the member's attainment of normal retirement age, and the member shall have a right to terminate employment and commence to receive a pension at that time. (Ord. Nos. 20354; 20960; 21582; 22345; 25818; 28739; 30162) SEC. 40A-34.   NONALIENATION AND NONREDUCTION OF BENEFITS.    (a)   Title/ownership. Except with respect to fund assets subject to a securities lending agreement, the legal and equitable title and ownership of all assets at any time constituting a part of the fund will be and remain with the board, and neither the city nor any member or other person who may be entitled to benefits under the fund shall ever have any legal or equitable estate in the fund, except to receive distributions lawfully made in accordance with this chapter.    (b)   Qualified domestic relations orders. The administrator shall determine whether a domestic relations order is a valid qualified domestic relations order, and the determination by the administrator may be appealed only to the board. In the event of receipt of a valid qualified domestic relations order, the interest in the fund of the member, inactive member, or retiree will be divided between the member, inactive member, or retiree and the spouse, former spouse, or child in accordance with the terms of the order as follows:       (1)   A spouse or former spouse who is named as an alternate payee is entitled to receive a court-ordered lump sum distribution of accumulated employee contributions or monthly pension benefit in the form of payments for life. If the actuarial value of the pension is less than $10,000, the board, at its option, may pay the actuarial present value to the alternate payee as a lump sum. A lump sum distribution of a portion of the member, or inactive member, or retiree's contributions, but not of annuity payments, may be made to an alternate payee who is a spouse or former spouse if such distribution is authorized by a qualified domestic relations order, even if the earliest retirement age has not been reached.       (2)   A child who is named as an alternate payee is entitled to receive a part of the retiree's monthly pension benefit in an amount ordered by the court. Payments will terminate on the date designated by the court or upon the retiree's death, whichever occurs first. Payments may be made to a person legally authorized to receive them on behalf of the child.       (3)   All rights and benefits provided to the member, inactive member, or retiree are subject to the rights afforded to any alternate payee under a valid qualified domestic relations order that meets the requirements of this section.       (4)   For purposes of this section, alternate payee, domestic relations order, and qualified domestic relations order have the meanings given under Texas Government Code Chapter 804, as in effect on January 1, 2017.    (c)   Exemptions. Contributions and benefits payable under the retirement fund are exempt from attachment, execution, garnishment, judgments, and all other suits or claims, with the exception of a "qualified domestic relations order," and are not assignable or transferable.    (d)   Waiver of benefits.       (1)   A person may, on a form prescribed by and filed with the administrator, waive all or a portion of any benefits from the retirement fund to which the person is entitled. A person may revoke a waiver of benefits in the same manner as the original waiver was made, unless the original waiver by its terms was made irrevocable.       (2)   A waiver or a revocation of a waiver applies only to benefits that become payable on or after the date the document is filed.       (3)   Unless otherwise expressly provided for in this chapter, the board may not take action to reduce an individual pension. (Ord. Nos. 15414; 19470; 20960; 21582; 22345; 30162) SEC. 40A-35.   AMENDMENT TO THIS CHAPTER.    (a)   Except as provided in Subsection (b) of this section, this chapter may not be amended except by a proposal initiated by either the board or the city council that results in an ordinance approved by the board, adopted by the city council, and approved by a majority of the voters voting at a general or special election.    (b)   A provision of this chapter, other than this section, that is determined by the board to require amendment in order to comply with federal law may be amended by ordinance of the city council, without voter approval, upon recommendation of the board. The board shall recommend the exact amending language to be included in the ordinance, which language may not be limited or added to by the city council. An amendment may be made under this subsection only to the extent necessary to comply with federal law. (Ord. Nos. 15414; 20960; 21582; 25695; 30162) CHAPTER 40B SECONDARY METALS RECYCLERS ARTICLE I. GENERAL. Sec. 40B-1.   Purpose. Sec. 40B-2.   Definitions. Sec. 40B-3.   Records required. Sec. 40B-4.   Notice to sellers. Sec. 40B-5.   Facsimile, telecopier, or similar equipment required. Sec. 40B-6.   Restrictions on the purchase of regulated metal property. Sec. 40B-7.   Five-day hold on regulated metal property; segregation, labeling, and inspection of regulated metal property; exceptions. Sec. 40B-8.   Hold on stolen regulated metal property; hold notice. Sec. 40B-9.   Offenses; defenses; penalty. ARTICLE II. LICENSING OF SECONDARY METALS RECYCLERS. Sec. 40B-10.   License required. Sec. 40B-11.   Issuance of license; posting. Sec. 40B-12.   Fees. Sec. 40B-13.   Expiration of license. Sec. 40B-14.   Suspension. Sec. 40B-15.   Revocation. Sec. 40B-16.   Appeal. Sec. 40B-17.   Transfer of license. ARTICLE I. GENERAL. SEC. 40B-1.   PURPOSE.    This chapter is an exercise of the city’s police power to promote, through regulation of secondary metals recyclers, the recovery of stolen property. This chapter provides licensing and recordkeeping requirements and enforcement procedures that will enable the police department to identify and recover public and private property composed of certain metals that may have been illegally appropriated. (Ord. Nos. 20260; 22958; 26537; 27202; 27249) SEC. 40B-2.   DEFINITIONS.    In this chapter:       (1)   CASH TRANSACTION CARD means a card issued to a seller by a secondary metals recycler in compliance with Section 40B-6(f) of this chapter that allows a secondary metals recycler, at the time of purchase, to give consideration in the form of cash or a debit card to a seller in a purchase transaction for regulated metal property.       (2)   CATALYTIC CONVERTER means a device used to reduce the toxicity of emissions from an internal combustion engine through the use of a catalyst (typically a platinum-iridium catalyst) that converts the toxic combustion by- products into less toxic gases or products.       (3)   CHECK means a check, draft, or other negotiable or nonnegotiable order of withdrawal that is drawn against funds held by a financial institution.       (4)   CHIEF means the chief of police for the city of Dallas or a designated representative.       (5)   DEBIT CARD means a card issued by a bank that combines the functions of an automatic teller machine (ATM) card and checks. A debit card can be used to withdraw cash at a bank like an ATM card and can also be used at stores to pay for goods and services in place of a check. Unlike a credit card, a debit card automatically withdraws money from a checking account at the time of the transaction.       (6)   FERROUS METAL means a metal that contains significant quantities of iron or steel.       (7)   HOLD NOTICE means written notification by the chief to a secondary metals recycler stating that the secondary metals recycler may not sell, redeem, or dispose of certain regulated metal property that the chief has reasonable cause to believe has been stolen.       (8)   LICENSEE means a person in whose name a license has been issued under this chapter or a person listed as an applicant on the application for a license.       (9)   NONFERROUS METAL means a metal that does not contain significant quantities of iron or steel, including, but not limited to, copper, brass, aluminum, bronze, lead, zinc, nickel, and their alloys.       (10)   PERSON means an individual, partnership, corporation, joint venture, trust, association, and any other legal entity.       (11)   PERSONAL IDENTIFICATION CERTIFICATE means a personal identification card issued by the Texas Department of Public Safety under Chapter 521, Subchapter E of the Texas Transportation Code, as amended, or a similar card or certificate issued by another state.       (12)   PURCHASE TRANSACTION means a transaction in which a secondary metals recycler gives consideration, or agrees to give consideration, in exchange for regulated metal property.       (13)   REGULATED METAL PROPERTY means any item composed in whole or in part of any ferrous or nonferrous metal, other than an item composed in whole of tin.       (14)   SECONDARY METALS RECYCLER means any person who:          (A)   is engaged in the business of purchasing, collecting, or soliciting regulated metal property; or          (B)   operates or maintains a facility where regulated metal property is purchased or kept for shipment, sale, transfer, or salvage.       (15)   SELLER means any person who, in a purchase transaction, receives consideration from a secondary metals recycler in exchange for regulated metal property.       (16)   THUMBPRINT IMPRESSION means an intentional recording of the friction ridge detail on the volar pads of the thumb. (Ord. Nos. 20260; 22958; 26537; 27202; 27249) SEC. 40B-3.   RECORDS REQUIRED.    (a)   A secondary metals recycler shall maintain an accurate and legible record of each purchase transaction. Each transaction must be recorded and filed separately.    (b)   The record of each purchase transaction must be in English and contain the following information:       (1)   the name and street address of the secondary metals recycler;       (2)   the name or initials of the individual recording the information required by this section for the secondary metals recycler;       (3)   the seller’s name, street address, sex, and birthdate and the identifying number from the seller’s current and valid driver’s license issued by a state in the United States, United States military identification card, or personal identification certificate;       (4)   the make, model, and license plate number of the motor vehicle in which the regulated metal property is delivered in a purchase transaction, along with a clear digital still photograph of the motor vehicle and any trailer attached to the motor vehicle;       (5)   the place, date, and time of the purchase transaction;       (6)   the weight, quantity, or volume and a description, made in accordance with the custom of the trade, of the regulated metal property purchased, along with a clear digital still photograph of the regulated metal property;       (7)   a general description of the predominant types of regulated metal property purchased in the purchase transaction;       (8)   the amount of consideration given in a purchase transaction for the regulated metal property and, if the seller was:          (A)   paid by check, a copy of the check;          (B)   paid in cash, a copy of the seller’s valid cash transaction card (or the seller’s current approved application for a cash transaction card); or          (C)   paid by debit card, a copy of the debit card receipt and, if payment was made at the time of purchase, a copy of the seller’s valid cash transaction card (or the seller’s current approved application for a cash transaction card);       (9)   written documentation evidencing that the seller is the legal owner, or is lawfully entitled to sell, the regulated metal property or a signed statement from the seller affirming a legal right of ownership and the right to sign over title to the regulated metal property offered for sale;       (10)   a clear digital still photograph of the seller, taken at the time of the purchase transaction, that clearly depicts the seller’s facial features; and       (11)   a clear and legible thumbprint impression of the seller.    (c)   A person selling or attempting to sell regulated metal property to a secondary metals recycler shall:       (1)   display to the secondary metals recycler the person’s current and valid driver’s license issued by a state in the United States, United States military identification card, or personal identification certificate;       (2)   provide to the secondary metals recycler the make, model, and license plate number of the motor vehicle used to deliver the regulated metal property; and       (3)   sign a written statement provided by the secondary metals recycler affirming that the person is the legal owner of, or is lawfully entitled to sell, the regulated material offered for sale.    (d)   The secondary metals recycler or the recycler’s agent shall visually verify the accuracy of the identification presented by the seller at the time of each purchase of regulated metal property and make a copy of the identification to be maintained by the secondary metals recycler in the record of the purchase transaction.    (e)   A secondary metals recycler shall maintain on file the information required by this section for not less than three years after the date of the purchase transaction. A secondary metals recycler shall make these records available for inspection by any police officer, upon request, at the secondary metals recycler’s place of business during the usual and customary business hours of the secondary metals recycler. (Ord. Nos. 20260; 22958; 26537; 27202; 27249) SEC. 40B-4.   NOTICE TO SELLERS.    (a)   A secondary metals recycler shall at all times maintain in a prominent place in the secondary metals recycler’s place of business, in open view to a seller of regulated metal property, a notice in two-inch lettering that:       (1)   contains the following or similar language approved by the chief: “A PERSON ATTEMPTING TO SELL ANY REGULATED METAL PROPERTY MUST PRESENT SUFFICIENT IDENTIFICATION AND WRITTEN PROOF OF OWNERSHIP REQUIRED BY CITY OF DALLAS ORDINANCE”; and       (2)   states the usual business hours of the secondary metals recycler.    (b)   The notice required by this section may be contained on a sign that contains another notice required by law to be displayed by the secondary metals recycler. (Ord. Nos. 22958; 26537; 27202; 27249) SEC. 40B-5.   FACSIMILE, TELECOPIER, OR SIMILAR EQUIPMENT REQUIRED.    A secondary metals recycler shall maintain at its place of business, or otherwise have immediate access to, a facsimile, telecopier, or other equipment of similar function on which notifications of stolen property or other notifications relating to regulated metal property may be expeditiously received from the police department. The equipment must be operable at all times during the usual and customary business hours of the secondary metals recycler. The secondary metals recycler shall maintain the facsimile number or other access number of the equipment on file with the chief and shall notify the chief within 24 hours after any change in the number. (Ord. Nos. 22958; 26537; 27202; 27249) SEC. 40B-6.   RESTRICTIONS ON THE PURCHASE OF REGULATED METAL PROPERTY.    (a)   A secondary metals recycler shall conduct all purchase transactions only between the hours of 7:00 a.m. and 7:00 p.m.    (b)   A secondary metals recycler shall not purchase any item of regulated metal property from:       (1)   an intoxicated person; or       (2)   a person who does not deliver the item of regulated metal property to the secondary metals recycler’s place of business in a motor vehicle or in a trailer attached to a motor vehicle.    (c)   A secondary metals recycler shall not purchase any of the following items of regulated metal property without obtaining proof that the seller owns the property (such as by a receipt or bill of sale) or proof that the seller is an employee, agent, or contractor of a governmental entity, utility company, cemetery, railroad, manufacturer, or other person, business, or entity owning the property and the seller is authorized to sell the item of regulated metal property on behalf of the person, business, or entity owning the property:       (1)   A manhole cover.       (2)   An electric light pole or other utility structure and its fixtures and hardware.       (3)   A guard rail.       (4)   A street sign, traffic sign, or traffic signal and its fixtures and hardware.       (5)   Communication, transmission, and service wire.       (6)   A funeral marker or funeral vase.       (7)   An historical marker.       (8)   Railroad equipment, including but not limited to a tie plate, signal house, control box, switch plate, E clip, or rail tie junction.       (9)   Any metal item that is marked with any form of the name, initials, or logo of a governmental entity, utility company, cemetery, or railroad.       (10)   A copper or aluminum condensing or evaporator coil from a heating or air conditioning unit.       (11)   An aluminum or stainless steel container or bottle designed to hold propane for fueling fork lifts.       (12)   A catalytic converter or any part of a catalytic converter.    (d)   A secondary metals recycler shall maintain on file the information required by Subsection (c) of this section for not less than three years after the date of the purchase of the item of regulated metal property. A secondary metals recycler shall make these records available for inspection by any police officer, upon request, at the secondary metals recycler’s place of business during the usual and customary business hours of the secondary metals recycler.    (e)   Except as provided in Subsection (f) of this section, a secondary metals recycler may not, at the time of purchase, give any form of consideration in a purchase transaction for regulated metal property, but must pay the seller for the purchased regulated metal property by mailing a check or debit card to the seller at the seller’s street address as listed in the record of the purchase transaction. A copy of the check or the debit card receipt must be maintained on file with the purchase transaction record.    (f)   A secondary metals recycler may, at the time of purchase, give consideration in the form of cash or a debit card credit in a purchase transaction for regulated metal property if the seller presents the secondary metals recycler with a valid cash transaction card issued by any secondary metals recycler located in the city (or the secondary metals recycler obtains a copy of the cash transaction card and the complete approved application for the card from its own files or from a secondary metals recycler located in the city that issued the card to the seller), and all of the following requirements are met:       (1)   A secondary metals recycler may only issue or renew a cash transaction card to a seller after receiving an application signed by the seller that contains:          (A)   the seller’s name, street address, sex, and birthdate and the identifying number from (and a copy of) the seller’s current and valid driver’s license issued by a state in the United States, United States military identification card, or personal identification certificate;          (B)   a clear digital still photograph of the seller, taken at the time of application, that clearly depicts the seller’s facial features;          (C)   a clear and legible thumbprint impression of the seller; and          (D)   the signature of the individual approving the application on behalf of the secondary metals recycler.       (2)    The secondary metals recycler may only issue or renew a cash transaction card by mailing it to the seller at the seller’s street address listed in the application for the card.       (3)   The cash transaction card must contain:          (A)   the name and street address of the seller;          (B)   a clear digital still photograph of the seller;          (C)   an identifying number that is unique to the individual card; and          (D)   the expiration date of the card, which date may not exceed two years after the date of issuance.       (4)   The cash transaction card must be laminated or made of a rigid plastic or other durable material that will preserve the legibility of the information contained on the card.       (5)   The cash transaction card may not be transferable to another person.       (6)   A secondary metals recycler shall visually verify that the identification presented by the seller under Section 40B-3(c)(1) corresponds to the identifying information on any cash transaction card presented by the seller or on any copy of the cash transaction card and the complete approved application for the card obtained from the secondary metals recycler’s own files or from the secondary metals recycler that issued the card to the seller.       (7)   By the end of the next business day after invalidating a cash transaction card for any reason, the secondary metals recycler that issued the card shall notify the chief of the card’s invalidation and provide other information relating to the card as determined necessary by the chief. After receiving such notification, the chief shall notify all other secondary metals recyclers of the card’s invalidation. A secondary metals recycler shall not accept any cash transaction card after being notified of its invalidation.       (8)   A secondary metals recycler shall maintain on file each application for a cash transaction card made to it or obtained from another secondary metals recycler (including a copy of each cash transaction card issued or renewed by it or the other secondary metals recycler) for not less than two years after the date of the application, issuance, or renewal of the card, whichever is later. A secondary metals recycler shall make these records available for inspection by any police officer, upon request, at the secondary metals recycler’s place of business during the usual and customary business hours of the secondary metals recycler.    (g)   The requirements of Subsections (e) and (f) of this section do not apply to any item of regulated metal property composed solely of ferrous metal material, unless the item is listed in Subsection (c) of this section or unless the secondary metals recycler has received notice that the chief has, in accordance with this subsection, designated the item or type of item as being subject to those requirements. The chief shall periodically review theft statistics on ferrous regulated metal property and establish a list of items or types of items that the chief determines are subject to the requirements of Subsection (e) and (f). A current list must be maintained on file in the chief’s office, or in another designated office of the police department, so that it may be inspected by the public during the city’s normal business hours. Notice of the list must be given to secondary metals recyclers in accordance with schedules and procedures established by the chief. A secondary metals recycler is presumed to have received notice of the list if the police department transmits the list to the facsimile number or access number provided by the secondary metals recycler under Section 40B-5 of this chapter. (Ord. Nos. 22958; 26537; 27202; 27249) SEC. 40B-7.   FIVE-DAY HOLD ON REGULATED METAL PROPERTY; SEGREGATION, LABELING, AND INSPECTION OF REGULATED METAL PROPERTY; EXCEPTIONS.    (a)   Except as provided in Subsection (c) of this section, a secondary metals recycler shall retain possession of purchased regulated metal property at the secondary metals recycler’s local place of business and withhold the property from alteration, processing, resale, or salvage use for five days after purchase, unless the property is released sooner by written order of the chief or by order of a court of competent jurisdiction.    (b)   Except as provided in Subsection (c) of this section, a secondary metals recycler shall segregate all regulated metal property purchased from a seller from regulated metal property purchased from other sellers and attach to the property, or to the container in which the property is held, a label indicating the name of the seller, the date on which the property was purchased, and the number of the receipt on which the purchase information is recorded. If in any single purchase transaction there are multiple items of regulated metal property of the same general type, only one representative item from each type of regulated property must be segregated and labeled in accordance with this subsection.    (c)   The hold, segregation, and labeling requirements of Subsections (a) and (b) of this section do not apply to any item of regulated metal property composed solely of ferrous metal material, unless the secondary metals recycler has received notice that the chief has, in accordance with this subsection, designated the item or type of item as being subject to those requirements. The chief shall periodically review theft statistics on ferrous regulated metal property and establish a list of items or types of items that the chief determines are subject to the requirements of Subsection (a) and (b). A current list must be maintained on file in the chief’s office, or in another designated office of the police department, so that it may be inspected by the public during the city’s normal business hours. Notice of the list must be given to secondary metals recyclers in accordance with schedules and procedures established by the chief. A secondary metals recycler is presumed to have received notice of the list if the police department transmits the list to the facsimile number or access number provided by the secondary metals recycler under Section 40B-5 of this chapter.    (d)   While in possession of purchased regulated metal property, a secondary metals recycler shall make the property available for inspection by any police officer at the secondary metals recycler’s place of business during the usual and customary business hours of the secondary metals recycler. (Ord. Nos. 20260; 22958; 26537; 27202; 27249) SEC. 40B-8.   HOLD ON STOLEN REGULATED METAL PROPERTY; HOLD NOTICE.    (a)   Whenever a police officer has reasonable cause to believe that certain items of regulated metal property in the possession of a secondary metals recycler are stolen, the chief may issue a hold notice. The hold notice must:       (1)   identify those items of regulated metal property alleged to be stolen and subject to hold; and       (2)   inform the secondary metals recycler of the restrictions imposed on the regulated metal property under Subsection (b) of this section.    (b)   A secondary metals recycler may not, for 60 days after the date of receiving a hold notice under this section, process or remove from the secondary metals recycler’s place of business any regulated metal property identified in the hold notice, unless the property is released sooner by the chief or by order of a court of competent jurisdiction. At the expiration of the hold period, the hold is automatically released, and the secondary metals recycler may dispose of the regulated metal property unless otherwise directed by a court of competent jurisdiction. (Ord. Nos. 20260; 22958; 26537; 27202; 27249) SEC. 40B-9.   OFFENSES; DEFENSES; PENALTY.    (a)   A person who violates any provision of this chapter, or who fails to perform a duty required of him under this chapter, commits an offense. A person is guilty of a separate offense for each item of regulated metal property involved in a violation of this chapter. An offense under this chapter is punishable by a fine not to exceed $500.    (b)   It is a defense to prosecution under this chapter that the regulated metal property involved:       (1)   was purchased from a charitable, philanthropic, religious, fraternal, civic, patriotic, social, or school-sponsored organization or association or from any organization that is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code, as amended;       (2)   was purchased from any public officer acting in an official capacity as a trustee in bankruptcy, executor, administrator, or receiver; from any public official acting under judicial process or authority; or from a sale on the execution, or by virtue, of any process issued by a court;       (3)   consists of aluminum food or beverage containers, used food or beverage containers, or similar food or beverage containers for the purpose of recycling, other than beer or beverage kegs; or       (4)   was purchased from a manufacturing, industrial, or other commercial vendor that generates or sells regulated metal property in the ordinary course of its business.    (c)   The culpable mental state required for the commission of an offense under this chapter is governed by Section 1-5.1 of this code. (Ord. Nos. 20260; 22958; 26537; 27202; 27249) ARTICLE II. LICENSING OF SECONDARY METALS RECYCLERS. SEC. 40B-10.   LICENSE REQUIRED.    (a)   A person commits an offense if, without a license issued under this article, he:       (1)   purchases regulated metal property in the city for resale or salvage use;       (2)   operates a business establishment in the city that purports to purchase regulated metal property for resale or salvage use; or       (3)   in any other manner conducts business in the city as a secondary metals recycler.    (b)   An application for a license must be made on a form provided by the chief. Each applicant must be qualified according to the provisions of this chapter.    (c)   A person who wishes to purchase regulated metal property for resale or salvage use must sign the application as applicant. If the person is a legal entity, including but not limited to a corporation, partnership, association, or joint venture, each individual who has a 20 percent or greater interest in the business must sign the application for a license as an applicant. Each applicant must meet the requirements of Section 40B-11(a), and each applicant will be considered a licensee if a license is granted.    (d)   It is a defense to prosecution under this section that, at the time of the alleged offense, the person was purchasing regulated metal property for resale or salvage use under the specific authority of a valid license issued by the State of Texas (other than a certificate of registration issued under Chapter 1956, Texas Occupations Code, as amended) or the United States government. A license must still be obtained under this section for those activities conducted by a secondary metals recycler that are not specifically authorized by a state or federal license. (Ord. Nos. 22958; 27202; 27249) SEC. 40B-11.   ISSUANCE OF LICENSE; POSTING.    (a)   The chief shall issue a license to an applicant within 30 days after receipt of an application unless it is determined that one or more of the following is true:       (1)   An applicant is under 18 years of age.       (2)   An applicant or an applicant’s spouse is overdue in payment to the city of taxes, fees, fines, or penalties assessed against or imposed upon the applicant or the applicant’s spouse.       (3)   An applicant failed to answer or falsely answered a question or request for information on the application form provided.       (4)   An applicant or an applicant’s spouse has been convicted of two or more offenses under this chapter, other than the offense of conducting business as a secondary metals recycler without a license, within two years immediately preceding the application. The fact that a conviction is being appealed has no effect.       (5)   An applicant has not obtained a certificate of occupancy for the premises in which the applicant intends to do business, or the business or its location would otherwise be in violation of the Dallas Development Code or any other applicable city ordinance or state or federal law.       (6)   The license fee required by this chapter has not been paid.       (7)   An applicant has been convicted of a felony or a Class A misdemeanor involving theft or fraud, including but not limited to theft, robbery, burglary, forgery, criminal simulation, deceptive business practices, securing execution of document by deception, or any other similar state or federal criminal offense, and three years have not elapsed since the termination of any sentence, parole, or probation; the fact that a conviction is being appealed has no effect. If three years have elapsed, the chief shall, in accordance with Section 53.023 of the Texas Occupations Code, as amended, determine the present fitness of the applicant to be licensed from the information and evidence presented with the application.       (8)   An applicant has been convicted of an offense under any federal or state law providing recordkeeping or licensing requirements for persons purchasing or selling regulated metal property, and three years have not elapsed since the termination of any sentence, parole, or probation. The fact that a conviction is being appealed has no effect.    (b)   The license, if granted, must state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the premises for which the license is granted. A license issued pursuant to this chapter is valid only for the location stated in the application. Should any licensee move a place of business from the place stated on the license to a new location, the licensee shall give the chief prior written notice and present the license to the chief to have the change of location noted on the license.    (c)   A license must be posted in a conspicuous place at or near the entrance to the licensed premises so that it may be easily read at any time.    (d)   If the chief determines that issuance or renewal of a license should be denied, the chief shall send to the applicant or licensee by certified mail, return receipt requested, a written statement of the reasons for the denial and of the applicant or licensee’s right to appeal. (Ord. Nos. 22958; 27202; 27249) SEC. 40B-12.   FEES.    The annual fee for a license issued under this article is $245. (Ord. Nos. 22958; 27202; 27249) SEC. 40B-13.   EXPIRATION OF LICENSE.    Each license will expire one year from the date of issuance and may be renewed only by making application as provided in Section 40B-10. To ensure reissuance of a license prior to expiration, application for renewal should be made at least 30 days before the expiration date. (Ord. Nos. 22958; 27202; 27249) SEC. 40B-14.   SUSPENSION.    (a)   The chief shall suspend a license for a definite period of time, not exceeding 30 days, if the chief determines that a licensee, an individual who is a business associate of the licensee in the same or a related business or a corporate officer of the licensee, or an employee of the licensee:       (1)   committed, in the aggregate, two or more violations of this chapter within any six-month period; or       (2)   intentionally or knowingly impeded or refused to allow an inspection by the chief authorized under this chapter.    (b)   The chief shall send to the licensee by certified mail, return receipt requested, a written statement of the reasons for the suspension, the date the suspension is to begin, the duration of the suspension, and the licensee’s right to appeal.    (c)   A licensee whose license is suspended may not operate as a secondary metals recycler inside the city during the period of suspension. (Ord. Nos. 22958; 27202; 27249) SEC. 40B-15.   REVOCATION.    (a)   The chief shall revoke a license if it is determined that one or more of the following is true:       (1)   A licensee has given a false statement as to a material matter submitted to the chief during the application process.       (2)   A licensee, an individual who is a business associate of the licensee in the same or a related business or a corporate officer of the licensee, or an employee of the licensee has been convicted within a two-year period of three or more offenses under this chapter. If a conviction is appealed, the time period between conviction and final disposition on appeal of the conviction is not included in calculating the two- year period if the conviction is affirmed.       (3)   A licensee has been convicted of any felony or of a Class A misdemeanor involving theft or fraud, including but not limited to theft, robbery, burglary, forgery, criminal simulation, deceptive business practices, securing execution of document by deception, or any other similar state or federal criminal offense, and three years have not elapsed since the termination of any sentence, parole, or probation. The fact that a conviction is being appealed has no effect.       (4)   A licensee has been convicted of an offense under any federal or state law providing recordkeeping or licensing requirements for persons purchasing or selling regulated metal property, and three years have not elapsed since the termination of any sentence, parole, or probation. The fact that a conviction is being appealed has no effect.       (5)   A cause for suspension under Section 40B-14 has occurred and the license has already been suspended at least once within the preceding 12 months.       (6)   The licensee does not qualify for a license under Section 40B-11(a).    (b)   The chief shall send to the licensee by certified mail, return receipt requested, a written statement of the reasons for the revocation and of the licensee’s right to appeal.    (c)   When the chief revokes a license, the revocation will continue for one year, and the licensee may not be issued a license for one year from the date revocation became final. If, subsequent to revocation, the chief finds that the basis for the revocation action has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date the revocation became final. If the license was revoked under Subsection (a)(3) or (a)(4) of this section, an applicant may not be granted another license within three years of the termination of any sentence, parole, or probation. (Ord. Nos. 22958; 27202; 27249) SEC. 40B-16.   APPEAL.    If the chief denies issuance or renewal of a license, or suspends or revokes a license, the aggrieved party may appeal the decision of the chief to a permit and license appeal board in accordance with Section 2-96 of this code. The action of the chief is final unless a timely appeal is made. The filing of an appeal stays the action of the chief in suspending or revoking a license until the permit and license appeal board makes a final decision. (Ord. Nos. 22958; 27202; 27249) SEC. 40B-17.   TRANSFER OF LICENSE.    A licensee shall not:       (1)   transfer a license issued under this chapter to another; or       (2)   operate a business engaged in the purchase of regulated metal property for resale or salvage use under the authority of a license at any location other than the address designated in the license application. (Ord. Nos. 22958; 27202; 27249) CHAPTER 41 SMOKING ARTICLE I. GENERAL PROVISIONS. Sec. 41-1.   Definitions. ARTICLE II. SMOKING PROHIBITIONS. Sec. 41-2.   Smoking prohibited in certain areas. Sec. 41-3.   Signage and other requirements. Secs. 41-4 thru 41-5.   Reserved. ARTICLE III. RESERVED. Secs. 41-6 thru 41-8.   Reserved. ARTICLE IV. ENFORCEMENT. Sec. 41-9.   Penalties. ARTICLE V. TOBACCO-PRODUCT VENDING MACHINES. Sec. 41-10.   Definitions. Sec. 41-11.   Tobacco-product vending machines prohibited; defenses. Sec. 41-12.   Lock-out devices. ARTICLE I. GENERAL PROVISIONS. SEC. 41-1.   DEFINITIONS.    In this chapter:       (1)   BAR means an establishment principally for the sale and consumption of alcoholic beverages on the premises that derives 75 percent or more of its gross revenue on a quarterly (three-month) basis from the sale or service of alcoholic beverages, as defined in the Texas Alcoholic Beverage Code, for on- premises consumption. If an establishment is located in a hotel or motel, the gross revenues of the particular establishment, rather than the gross revenues of the entire hotel or motel, will be used in calculating the percentage of revenues derived from the sale or service of alcoholic beverages.       (2)   BILLIARDS means any game played on a cloth-covered table with balls and cue sticks where the balls are struck by the sticks and the balls strike against one another.       (3)   BILLIARD HALL means an establishment that:          (A)   holds a valid billiard hall license issued by the city under Chapter 9A of this code;          (B)   has at least 12 billiard tables that are not coin-operated available for rent to persons desiring to play billiards on the premises; and          (C)   derives 70 percent or more of its gross revenue on a quarterly (three-month) basis from the sale or service of alcoholic beverages, as defined in the Texas Alcoholic Beverage Code, for on-premises consumption and from the rental of billiard tables and billiard equipment to persons desiring to play billiards on the premises.       (4)   CIGAR BAR means a bar that derives 15 percent or more of its gross revenue on a quarterly (three-month) basis from the sale or rental of tobacco, tobacco products, smoking implements, or smoking accessories for on-premises consumption.       (5)   DIRECTOR means the director of the department designated by the city manager to enforce and administer this chapter, or the director's designated representative.       (6)   EATING ESTABLISHMENT means any establishment that prepares or serves food or beverages, regardless of whether the establishment provides seating or facilities for on-premises consumption. The term includes, but is not limited to, restaurants, coffee shops, cafeterias, short order cafes, fast food establishments, luncheonettes, lunchrooms, soda fountains, food carts, food vending vehicles, and catering establishments.       (7)   EMPLOYEE means any person who works for hire at an indoor or enclosed area including an independent contractor with an assigned indoor location.       (8)   EMPLOYER means any person who employs one or more employees.       (9)   ENCLOSED means an area that:          (A)   is closed in overhead by a roof or other covering of any material, whether permanent or temporary; and          (B)   has 40 percent or more of its perimeter closed in by walls or other coverings of any material, whether permanent or temporary.       (10)   HOSPITAL means any institution that provides medical, surgical, and overnight facilities for patients.       (11)   MINOR means an individual:          (A)   under 21 years of age; or          (B)   at least 18 years of age and presenting a valid military identification card of the United States military forces or the state military forces.       (12)   PARK PARTNER means any entity that contracts with the city for the operation, maintenance, or management of park property.       (13)   PARK PROPERTY means property under the control and jurisdiction of the park board.       (14)   PERSON means an individual, firm, partnership, association, or other legal entity.       (15)   RETAIL OR SERVICE ESTABLISHMENT means any establishment that sells goods or services to the general public, including but not limited to any eating establishment, bar, hotel, motel, department store, grocery store, drug store, shopping mall, laundromat, bingo parlor, bowling center, billiard hall, or hair styling salon.       (16)   SECOND-HAND SMOKE means ambient smoke resulting from the act of smoking.       (17)   SMOKE OR SMOKING means inhaling, exhaling, possessing, or carrying any lighted or burning cigar or cigarette, or any pipe or other device that contains lighted or burning tobacco or tobacco products.       (18)   TOBACCO SHOP means a retail or service establishment that derives 90 percent or more of its gross revenue on a quarterly (three-month) basis from the sale of tobacco, tobacco products, or smoking implements.       (19)   WORKPLACE means any indoor or enclosed area where an employee works for an employer. (Ord. Nos. 18961; 19648; 25168; 27440; 30258; 31360) ARTICLE II. SMOKING PROHIBITIONS. SEC. 41-2.   SMOKING PROHIBITED IN CERTAIN AREAS.    (a)   A person commits an offense if he smokes:       (1)   in any indoor or enclosed area in the city;       (2)   within 15 feet of any entrance to an indoor or enclosed area in the city;       (3)   in any area designated as nonsmoking by the owner, operator, or person in control of the area and marked with a no smoking sign complying with Section 41-3; or       (4)   on park property.    (b)   An owner, operator, or person in control of an indoor or enclosed area in the city commits an offense if he, either personally or through an employee or agent, permits a person to smoke in the indoor or enclosed area.    (c)   For purposes of this chapter, an indoor or enclosed area includes but is not limited to the following:       (1)   An elevator.       (2)   A hospital or nursing home.       (3)   Any facility owned, operated, or managed by the city.       (4)   Any retail or service establishment.       (5)   Any workplace.       (6)   Any facility of a public or private primary or secondary school or any enclosed theater, movie house, library, museum, or transit system vehicle.    (d)   It is a defense to prosecution under Subsection (a)(1), (a)(3), or (b) of this section if the person was smoking in a location that was:       (1)   a private residence, except that this defense does not apply when the residence is being used as a child care facility, adult day care facility, or health care facility;       (2)   a stage or set of a production of a television program, a theatrical presentation, or a motion picture or filming event where smoking by an actor or performer is essential to the production;       (3)   a cigar bar that:          (A)   was lawfully operating as a cigar bar on December 10, 2008 (except that this defense does not apply if the cigar bar is expanded, is relocated, or changes majority ownership after December 10, 2008);          (B)   does not open into any other indoor or enclosed area in which smoking is prohibited under this section;          (C)   is not generally accessible by a minor; and          (D)   keeps all windows and doors closed at all times except as reasonably necessary for the expeditious entering and exiting of the cigar bar;       (4)   a tobacco shop that:          (A)   does not open into any other indoor or enclosed area in which smoking is prohibited under this section; and          (B)   keeps all windows and doors closed at all times except as reasonably necessary for the expeditious entering and exiting of the tobacco shop;       (5)   an unenclosed outdoor seating area associated with an indoor or enclosed area, including but not limited to a bar, hotel, motel, or eating establishment, except that this defense does not apply if:          (A)   the outdoor seating area is adjacent to a playground or play area for children; or          (B)   the location was posted as a nonsmoking area by the owner, operator, or person in control of the establishment or area with a sign complying with Section 41-3; or       (6)   a private, rented guest room in a hotel or motel that has been designated as a smoking room by the owner, operator, or person in control of the hotel or motel.    (e)   It is a defense to prosecution under Subsection (a)(2) of this section if the person was smoking in a location that was an unenclosed outdoor seating area associated with an indoor or enclosed area, including but not limited to a bar, hotel, motel, or eating establishment, except that this defense does not apply if:       (1)   the outdoor seating area is adjacent to a playground or play area for children; or       (2)   the location was posted as a nonsmoking area by the owner, operator, or person in control of the establishment or area with a sign complying with Section 41-3.    (f)   It is a defense to prosecution under Subsection (a)(4) of this section if the person was smoking in a location that was:       (1)   a golf course, if the location was:          (i)   between the tee box of the first hole and the end of the green of the 18th hole;          (ii)   on the driving range; or          (iii)   on the outdoor patio;       (2)   the Elm Fork Shooting Range; or       (3)   at a park partner site. (Ord. Nos. 18961; 19648; 21109; 21109; 21614; 25168; 27440; 30258) SEC. 41-3.   SIGNAGE AND OTHER REQUIREMENTS.    (a)   The owner, operator, or person in control of an establishment or other area in which smoking is prohibited under Section 41-2(a)(1) or (a)(3) shall post a conspicuous sign at the main entrance to the establishment or area. The sign must contain the words "No Smoking, City of Dallas Ordinance," the universal symbol for no smoking, or other language that clearly prohibits smoking.    (b)   The owner, operator, or person in control of an indoor or enclosed area to which the smoking prohibition of Section 41-2(a)(2) applies shall post a conspicuous sign at each entrance to the indoor or enclosed area. The sign must contain the words "No Smoking within 15 Feet of Entrance, City of Dallas Ordinance." The universal symbol for no smoking may be substituted for the words “No Smoking.”    (c)   The owner, operator, or person in control of an establishment or area in which smoking is prohibited under Section 41-2 shall remove all ashtrays from the establishment or area.    (d)   It is a defense to prosecution under this section that the establishment or area is a location for which a defense to prosecution is provided under Section 41-2(d). (Ord. 27440) SECS. 41-4 THRU 41-5.   RESERVED.    (Repealed by Ord. 25168) ARTICLE III. RESERVED. SECS. 41-6 THRU 41-8.   RESERVED.    (Repealed by Ord. 27440) ARTICLE IV. ENFORCEMENT. SEC. 41-9.   PENALTIES.    (a)   A person who violates a provision of this chapter, or who fails to perform an act required of the person by this chapter, commits an offense. A person commits a separate offense each day or portion of a day during which a violation is committed, permitted, or continued.    (b)   Unless specifically provided otherwise in this chapter, an offense under this chapter is punishable by a fine of $200.    (c)   The culpable mental state required for the commission of an offense under this chapter is governed by Section 1-5.1 of this code. (Ord. Nos. 18961; 19648; 21540; 25168; 27440) ARTICLE V. TOBACCO-PRODUCT VENDING MACHINES. SEC. 41-10.   DEFINITIONS.    In this article:       (1)   TOBACCO-PRODUCT VENDING MACHINE means any self-service device that, upon insertion of any coin, paper currency, token, card, key, or other item, dispenses one or more tobacco products. The term does not include any machine that is in storage, in transit, or otherwise not set up for use and operation, nor does it include any machine that is situated on a train, bus, or other public conveyance.       (2)   RESTAURANT BAR means any area of an eating establishment, excluding the dining area:          (A)   that is primarily devoted to the serving of alcoholic beverages for consumption by guests on the premises; and          (B)   in which food service, if any, is only incidental to the consumption of alcoholic beverages. (Ord. Nos. 21540; 21613; 25168; 27440) SEC. 41-11.   TOBACCO-PRODUCT VENDING MACHINES PROHIBITED; DEFENSES.    (a)   A person commits an offense if he owns or allows the display or use of any tobacco-product vending machine upon any property within the city.    (b)   It is a defense to prosecution under Subsection (a) that the tobacco- product vending machine was:       (1)   situated in a premises where entry by a person under 21 years of age is prohibited by law;       (2)   situated in a hotel, motel, bar, or restaurant bar,       (3)   located in a workplace with the permission of the employer; provided that:          (A)   the employer usually has no person under 21 years of age employed at the workplace; and          (B)   the tobacco-product vending machine is situated at a location within the workplace to which no person other than an employee of the workplace is usually permitted to have access; or       (4)   located in an eating establishment and equipped with a lock-out device that was installed, maintained, and operated in compliance with Section 41-12. (Ord. Nos. 21540; 21613; 25168; 27440; 31360) SEC. 41-12.   LOCK-OUT DEVICES.    (a)   A lock-out device on a tobacco-product vending machine located in an eating establishment must be installed, maintained, and operated in compliance with this section.    (b)   A lock-out device may be electrical or mechanical and must be approved by the director.    (c)   An owner, operator, employee, or other person in charge of an eating establishment who is at least 21 years of age shall:       (1)   install and continuously maintain a lock-out device on a tobacco- product vending machine in good working order;       (2)   require identification from any potential customer of the tobacco- product vending machine who appears to be under 30 years of age;       (3)   physically observe all transactions in which the tobacco-product vending machine is used; and       (4)   physically release the lock-out device before each sale from a tobacco-product vending machine. (Ord. Nos. 21613; 25168; 27440; 31360) CHAPTER 41A SEXUALLY ORIENTED BUSINESSES Sec. 41A-1.   Purpose and intent. Sec. 41A-2.   Definitions. Sec. 41A-3.   Classification. Sec. 41A-4.   License and designated operator required. Sec. 41A-5.   Issuance of license. Sec. 41A-6.   Fees. Sec. 41A-7.   Inspection. Sec. 41A-7.1.   Identification records. Sec. 41A-8.   Expiration of license. Sec. 41A-9.   Suspension. Sec. 41A-10.   Revocation. Sec. 41A-10.1.   Denial, suspension, revocation, or denial of renewal of a license for criminal convictions. Sec. 41A-10.2.   Notice of denial of issuance or renewal of license or suspension or revocation of license; surrender of license. Sec. 41A-11.   Appeal. Sec. 41A-12.   Transfer of license. Sec. 41A-13.   Location of sexually oriented businesses. Sec. 41A-14.   Exemption from location restrictions. Sec. 41A-14.1.   Exterior portions of sexually oriented businesses. Sec. 41A-14.2.   Sign requirements. Sec. 41A-14.3.   Hours of operation. Sec. 41A-15.   Additional regulations for escort agencies. Sec. 41A-16.   Additional regulations for nude model studios. Sec. 41A-17.   Additional regulations for adult motion picture theaters. Sec. 41A-18.   Additional regulations for adult motels. Sec. 41A-18.1.   Additional regulations for adult cabarets. Sec. 41A-19.   Regulations pertaining to exhibition of sexually explicit films or videos. Sec. 41A-20.   Display of sexually explicit material to minors. Sec. 41A-20.1.   Prohibitions against minors in sexually oriented businesses. Sec. 41A-21.   Enforcement. Sec. 41A-22.   Injunction. Sec. 41A-23.   Amendment of this chapter. SEC. 41A-1.   PURPOSE AND INTENT.    (a)   It is the purpose of this chapter to regulate sexually oriented businesses to promote the health, safety, morals, and general welfare of the citizens of the city; to establish reasonable and uniform regulations to prevent the continued concentration of sexually oriented businesses within the city; and to minimize the deleterious secondary effects of sexually oriented businesses both inside such businesses and outside in the surrounding communities. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials or performances, including sexually oriented materials and performances. Similarly, it is neither the intent nor effect of this chapter to restrict or deny access by adults to sexually oriented materials and performances protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market.    (b)   It is the intent of the city council that this chapter is promulgated pursuant to Chapter 243 of the Texas Local Government Code, as amended.    (c)   A license, permit, or decal granted under this chapter or under any other city ordinance does not authorize or legalize any conduct, activity, or business that is illegal under state or federal law. (Ord. Nos. 19196; 24440; 24699; 25296; 27139) SEC. 41A-2.   DEFINITIONS.    In this chapter:       (1)   ACHROMATIC means colorless or lacking in saturation or hue. The term includes, but is not limited to, grays, tans, and light earth tones. The term does not include white, black, or any bold coloration that attracts attention.        (2)   ADULT ARCADE means any place to which the public is permitted or invited wherein coin- operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of “specified sexual activities” or “specified anatomical areas.”       (3)   ADULT BOOKSTORE or ADULT VIDEO STORE means a commercial establishment that as one of its principal business purposes offers for sale or rental for any form of consideration any one or more of the following:          (A)   books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, DVD’s, video cassettes or video reproductions, slides, or other visual representations, that depict or describe “specified sexual activities” or “specified anatomical areas”; or          (B)   instruments, devices, or paraphernalia that are designed for use in connection with “specified sexual activities.”       (4)   ADULT CABARET means a commercial establishment that regularly features the offering to customers of adult cabaret entertainment.       (5)   ADULT CABARET ENTERTAINER means an employee of a sexually oriented business who engages in or performs adult cabaret entertainment.       (6)   ADULT CABARET ENTERTAINMENT means live entertainment that:          (A)   is intended to provide sexual stimulation or sexual gratification; and          (B)   is distinguished by or characterized by an emphasis on matter depicting, simulating, describing, or relating to “specified anatomical areas” or “specified sexual activities.”       (7)   ADULT MOTEL means a hotel, motel, or similar commercial establishment that:          (A)   offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions that are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas”; and has a sign visible from the public right-of-way that advertises the availability of this adult type of photographic reproductions; or          (B)   offers a sleeping room for rent for a period of time that is less than 10 hours; or          (C)   allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than 10 hours.       (8)   ADULT MOTION PICTURE THEATER means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown that are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas.”       (9)   APPLICANT means:          (A)   a person in whose name a license to operate a sexually oriented business will be issued;          (B)   each individual who signs an application for a sexually oriented business license as required by Section 41A-4(d);          (C)   each individual who is an officer of a sexually oriented business for which a license application is made under Section 41A-4, regardless of whether the individual’s name or signature appears on the application;          (D)   each individual who has a 20 percent or greater ownership interest in a sexually oriented business for which a license application is made under Section 41A-4, regardless of whether the individual’s name or signature appears on the application; and          (E)   each individual who exercises substantial de facto control over a sexually oriented business for which a license application is made under Section 41A-4, regardless of whether the individual’s name or signature appears on the application.       (10)   CHIEF OF POLICE means the chief of police of the city of Dallas or the chief’s designated agent.       (11)   CHILD-CARE FACILITY has the meaning given that term in Section 51A-4.204 of the Dallas Development Code, as amended.       (12)   CHURCH has the meaning given that term in Section 51A-4.204 of the Dallas Development Code, as amended.       (13)   CONVICTION means a conviction in a federal court or a court of any state or foreign nation or political subdivision of a state or foreign nation that has not been reversed, vacated, or pardoned. “Conviction” includes disposition of charges against a person by probation or deferred adjudication.       (14)   DESIGNATED OPERATOR means the person or persons identified in the license application, or in any supplement or amendment to the license application, as being a designated operator of the sexually oriented business.       (15)   EMPLOYEE means any individual who:          (A)   is listed as a part-time, full-time, temporary, or permanent employee on the payroll of an applicant, licensee, or sexually oriented business; or          (B)    performs or provides entertainment on the sexually oriented business premises for any form of compensation or consideration.       (16)   ESCORT means a person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.       (17)   ESCORT AGENCY means a person or business association that furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes, for a fee, tip, or other consideration.       (18)   ESTABLISHMENT means and includes any of the following:          (A)   the opening or commencement of any sexually oriented business as a new business;          (B)   the conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;          (C)   the addition of any sexually oriented business to any other existing sexually oriented business; or           (D)   the relocation of any sexually oriented business.       (19)   HISTORIC DISTRICT means an historic overlay zoning district as defined in the Dallas Development Code, as amended.       (20)   HOSPITAL has the meaning given that term in Section 51A-4.204 of the Dallas Development Code, as amended.       (21)   LICENSEE means:          (A)   a person in whose name a license to operate a sexually oriented business has been issued;          (B)   each individual listed as an applicant on the application for a license;          (C)   each individual who is an officer of a sexually oriented business for which a license has been issued under this chapter, regardless of whether the individual’s name or signature appears on the license application;          (D)   each individual who has a 20 percent or greater ownership interest in a sexually oriented business for which a license has been issued under this chapter, regardless of whether the individual’s name or signature appears on the license application; and          (E)   each individual who exercises substantial de facto control over a sexually oriented business for which a license has been issued under this chapter, regardless of whether the individual’s name or signature appears on the license application.       (22)   MINOR means a person under the age of 18 years.       (23)   NUDE MODEL STUDIO means any place where a person who appears in a state of nudity or displays “specified anatomical areas” is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration.       (24)   NUDITY or a STATE OF NUDITY means:          (A)   the appearance of a human bare buttock, anus, male genitals, female genitals, or female breast; or          (B)   a state of dress that fails to completely and opaquely cover a human buttock, anus, male genitals, female genitals, or any part of the female breast or breasts that is situated below a point immediately above the top of the areola.       (25)   OPERATES OR CAUSES TO BE OPERATED means to cause to function or to put or keep in operation. A person may be found to be operating or causing to be operated a sexually oriented business whether or not that person is an owner, part owner, or licensee of the business.       (26)   OPERATOR means any person who has managerial control of the on- site, day-to-day operations of a sexually oriented business, regardless of whether that person is a designated operator of the sexually oriented business.       (27)   PERSON means an individual, proprietorship, partnership, corporation, association, or other legal entity.       (28)   PUBLIC PARK has the meaning given that term in Section 51A-4.208 of the Dallas Development Code, as amended.       (29)   RESIDENTIAL DISTRICT means a single family, duplex, townhouse, multiple family, or mobile home zoning district as defined in the Dallas Development Code, as amended.       (30)   RESIDENTIAL USE means a single family, duplex, multiple family, or “mobile home park, mobile home subdivision, and campground” use as defined in the Dallas Development Code, as amended.       (31)   SEXUALLY ORIENTED BUSINESS means an adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, escort agency, nude model studio, or other commercial enterprise the primary business of which is the offering of a service or the selling, renting, or exhibiting of devices or any other items intended to provide sexual stimulation or sexual gratification to the customer.       (32)   SIGN means any display, design, pictorial, or other representation that is:          (A)   constructed, placed, attached, painted, erected, fastened, or manufactured in any manner whatsoever so that it is visible from the outside of a sexually oriented business; and          (B)   used to seek the attraction of the public to any goods, services, or merchandise available at the sexually oriented business. The term “sign” also includes any representation painted on or otherwise affixed to any exterior portion of a sexually oriented business establishment or to any part of the tract upon which the establishment is situated.       (33)   SPECIFIED ANATOMICAL AREAS means:          (A)   any of the following, or any combination of the following, when less than completely and opaquely covered:             (i)   any human genitals, pubic region, or pubic hair;             (ii)   any buttock; or             (iii)   any portion of the female breast or breasts that is situated below a point immediately above the top of the areola; or          (B)   human male genitals in a discernibly erect state, even if completely and opaquely covered.       (34)   SPECIFIED SEXUAL ACTIVITIES means and includes any of the following:          (A)   the fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;          (B)   sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;          (C)   masturbation, actual or simulated; or          (D)   excretory functions as part of or in connection with any of the activities set forth in Paragraphs (A) through (C) of this subsection.       (35)   SUBSTANTIAL ENLARGEMENT of a sexually oriented business means an increase in the floor area occupied by the business by more than 25 percent, as the floor area existed on:          (A)   June 18, 1986, for any premises that were used as a sexually oriented business on or before that date, regardless of any subsequent changes in applicants, licensees, owners, or operators of the premises or the sexually oriented business;          (B)   August 22, 2001, for any premises that were used as a sexually oriented business on or before August 22, 2001, but not on or before June 18, 1986, regardless of any subsequent changes in applicants, licensees, owners, or operators of the premises or the sexually oriented business; or          (C)   for any premises not used as a sexually oriented business on or before August 22, 2001, the date an initial application for a license to use the premises as a sexually oriented business is received by the chief of police designating the floor area of the structure or proposed structure in which the sexually oriented business will be conducted, regardless of any subsequent changes in applicants, licensees, owners, or operators of the premises or the sexually oriented business.       (36)   TRANSFER OF OWNERSHIP OR CONTROL of a sexually oriented business means and includes any of the following:          (A)   the sale, lease, or sublease of the business;          (B)   the transfer of securities that constitute a controlling interest in the business, whether by sale, exchange, or similar means; or          (C)   the establishment of a trust, gift, or other similar legal device that transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.       (37)   VIP ROOM means any separate area, room, booth, cubicle, or other portion of the interior of an adult cabaret (excluding a restroom and excluding an area of which the entire interior is clearly and completely visible from the exterior of the area) to which one or more customers are allowed access or occupancy and other customers are excluded. (Ord. Nos. 19196; 19377; 20291; 20552; 21838; 23137; 24440; 24699; 25296; 27139) SEC. 41A-3.   CLASSIFICATION.    Sexually oriented businesses are classified as follows:       (1)   adult arcades;       (2)   adult bookstores or adult video stores;       (3)   adult cabarets;       (4)   adult motels;       (5)   adult motion picture theaters;       (6)   escort agencies; and       (7)   nude model studios. (Ord. Nos. 19196; 24440; 24699; 25296; 27139) SEC. 41A-4.   LICENSE AND DESIGNATED OPERATOR REQUIRED.    (a)   A person commits an offense if he operates a sexually oriented business without a valid license issued by the city for the particular type of business.    (b)   An application for a license must be made on a form provided by the chief of police. The application must be accompanied by a sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches. Applicants who must comply with Section 41A-19 of this chapter shall submit a diagram meeting the requirements of Section 41A-19.    (c)   Only a person who is an officer of or who has an ownership interest in a sexually oriented business may apply for a license for the business. Each applicant must be qualified according to the provisions of this chapter.    (d)   If a person who wishes to operate a sexually oriented business is an individual, he must sign the application for a license as the applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who is an officer of the business or who has a 20 percent or greater ownership interest in the business must sign the application for a license as an applicant. The application must be sworn to be true and correct by each applicant. Each applicant must be qualified under Section 41A-5, and each applicant shall be considered a licensee if a license is granted.    (e)   The fact that a person possesses a valid dance hall license does not exempt the person from the requirement of obtaining a sexually oriented business license. A person who operates a sexually oriented business and possesses a dance hall license shall comply with the requirements and provisions of this chapter as well as the requirements and provisions of Chapter 14 of this code when applicable.    (f)   In addition to identifying those persons required to sign an application under Subsection (b), the application must identify all parent and related corporations or entities of any person who will own or operate the sexually oriented business and include the names of the officers of each parent or related corporation or entity.    (g)   The application must also include the name, address, and telephone number of one or more designated operators who will be present on the premises of the sexually oriented business during all hours of operation. The applicant or licensee shall maintain a current list of designated operators with the chief of police. Before a person may serve as a designated operator of the sexually oriented business, the person must be named in the license application, or a supplement or amendment to the license application, and not be disqualified to operate a sexually oriented business under this chapter.    (h)   A licensee commits an offense if he fails to maintain at least one designated operator present on the premises of the sexually oriented business during all hours of operation.    (i)   The application must include a current official Texas criminal history report with a fingerprint card (issued within the preceding 12 months) for the applicant, the applicant’s spouse, and each designated operator showing that they are not disqualified to operate a sexually oriented business under this chapter. (Ord. Nos. 19196; 20552; 21838; 24440; 24699; 27139) SEC. 41A-5.   ISSUANCE OF LICENSE.    (a)   The chief of police shall approve the issuance of a license by the special collections division of the water utilities department to an applicant within 30 days after receipt of an application unless the chief of police finds one or more of the following to be true:       (1)   An applicant is a minor.       (2)   An applicant or an applicant’s spouse is overdue in payment to the city of taxes, fees, fines, or penalties assessed against or imposed upon the applicant or the applicant’s spouse in relation to a sexually oriented business.       (3)   An applicant has failed to provide information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form.       (4)   An applicant, an applicant’s spouse, or a designated operator has been convicted of a violation of a provision of this chapter within two years immediately preceding the application.       (5)   Any fee required by this chapter has not been paid.       (6)   Reserved.       (7)   An applicant or the proposed establishment is in violation of or is not in compliance with Section 41A-7, 41A-7.1, 41A-12, 41A-13, 41A-14.1, 41A-14.2, 41A-15, 41A-16, 41A-17, 41A-18, 41A-18.1, 41A-19, 41A-20, or 41A-20.1(a).       (8)   An applicant, an applicant’s spouse, or a designated operator has been convicted of a crime:          (A)   involving:             (i)   any of the following offenses as described in Chapter 43 of the Texas Penal Code:                (aa)   prostitution;                (bb)   promotion of prostitution;                (cc)   aggravated promo-tion of prostitution;                (dd)   compelling prosti-tution;                (ee)   obscenity;                (ff)   sale, distribution, or display of harmful material to a minor;                (gg)   sexual performance by a child; or                (hh)   possession of child pornography;             (ii)   any of the following offenses as described in Chapter 21 of the Texas Penal Code:                (aa)   public lewdness;                (bb)   indecent exposure; or                (cc)   indecency with a child;             (iii)   sexual assault or aggravated sexual assault as described in Chapter 22 of the Texas Penal Code;             (iv)   incest, solicitation of a child, or harboring a runaway child as described in Chapter 25 of the Texas Penal Code; or             (v)   criminal attempt, conspiracy, or solicitation to commit any of the foregoing offenses;          (B)   for which:             (i)   less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;             (ii)   less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or             (iii)   less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any 24-month period.       (9)   An applicant has been operating the proposed business as a sexually oriented business without a valid license issued under this chapter.       (10)   Operation of the proposed sexually oriented business would violate the city’s zoning ordinances.    (b)   The fact that a conviction is being appealed has no effect on the disqualification of the applicant, the applicant’s spouse, or a designated operator under Subsection (a).    (c)   Except as otherwise provided in this subsection, when the chief of police denies issuance or renewal of a license, the applicant may not apply for or be issued a sexually oriented business license for one year after the date the denial became final. If, subsequent to the denial, the chief of police finds that the basis for the denial has been corrected or abated, the applicant may apply for and be granted a license if at least 90 days have elapsed since the date the denial became final. If issuance or renewal of a license is denied under Subsection (a)(7) for a violation of Section 41A-13 only, the applicant may be granted a license immediately upon compliance with Section 41A-13 of this chapter. If issuance or renewal of a license is denied under Subsection (a)(8)(A), the applicant may not apply for or be issued another sexually oriented business license until the appropriate number of years required by Subsection (a)(8)(B) has elapsed. If issuance or renewal of a license is denied under Subsection (a)(4), the applicant may not apply for or be issued another sexually oriented business license until the time period required by Subsection (a)(4) has elapsed.    (d)   The chief of police, upon approving issuance of a sexually oriented business license, shall send to the applicant, by certified mail, return receipt requested, written notice of that action and state where the applicant must pay the license fee and obtain the license. The chief of police’s approval of the issuance of a license does not authorize the applicant to operate a sexually oriented business until the applicant has paid all fees required by this chapter and obtained possession of the license.    (e)   The license, if granted, must state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the sexually oriented business. The license must be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be easily read at any time. (Ord. Nos. 19196; 19377; 20552; 21629; 21838; 24206; 24440; 24699; 27139; 27697) SEC. 41A-6.   FEES.    (a)   The annual fee for a sexually oriented business license is $696.    (b)   In addition to the fees required by Subsection (a) and (c), an applicant for an initial sexually oriented business license shall, at the time of making application, pay a nonrefundable fee of $1,198 for the city to conduct a survey to ensure that the proposed sexually oriented business is in compliance with the locational restrictions set forth in Section 41A-13.    (c)   In addition to the fees required by Subsections (a) and (b), an applicant for an initial sexually oriented business license shall, at the time of making application, pay a nonrefundable fee of $90 for the chief of police to obtain a letter of zoning verification to ensure that the proposed sexually oriented business is permitted in the zoning district in which it will be located. The chief of police shall request and obtain the letter of zoning verification from the department of development services within 30 days after receipt of the license application. For any sexually oriented business holding a valid license on October 25, 2000, this subsection will apply to the first renewal of that license issued after October 25, 2000. (Ord. Nos. 19196; 20612; 21838; 22206; 24051; 24440; 24699; 25047; 25048; 25909; 27697; 29477; 30653; 31657; 32002; 32003) SEC. 41A-7.   INSPECTION.    (a)   An applicant, licensee, operator, or employee shall permit representatives of the police department, the fire department, the department of code compliance, and the building official to inspect the premises of a sexually oriented business, for the purpose of ensuring compliance with the law, at any time it is occupied or open for business and at other reasonable times upon request.    (b)   A person who operates a sexually oriented business or the person’s agent or employee commits an offense if he refuses to permit a lawful inspection of the premises by a representative of the police department, the fire department, the department of code compliance, or the building official at any time the sexually oriented business is occupied or open for business and at other reasonable times upon request.    (c)   The provisions of this section do not apply to areas of an adult motel that are currently being rented by a customer for use as a permanent or temporary habitation. (Ord. Nos. 19196; 19377; 22026; 23694; 24440; 24699; 27139; 27697) SEC. 41A-7.1.   IDENTIFICATION RECORDS.    (a)   A person commits an offense if he operates a sexually oriented business without maintaining on the premises a current registration card or file that clearly and completely identifies all employees of the sexually oriented business as required by this section.    (b)   The registration card or file must contain the following information for each employee:       (1)   Full legal name.       (2)   All aliases or stage names.       (3)   Date of birth.       (4)   Race and gender.       (5)   Hair color, eye color, height, and weight.       (6)   Current residence address and telephone number, and, for designated operators and adult cabaret entertainers, all residence addresses during the 12- month period preceding commencement of an employment or contractual relationship with the sexually oriented business.       (7)   Legible copy of a valid driver’s license or other government-issued personal identification card containing the employee’s photograph and date of birth.       (8)   Date of commencement of employment or contractual relationship with the sexually oriented business.       (9)   Original color photograph with a full face view that accurately depicts the employee’s appearance at the time the employee commenced an employment or contractual relationship with the sexually oriented business.    (c)   The licensee shall maintain a separate file on each designated operator (other than the licensee or the licensee’s spouse) and on each adult cabaret entertainer, which contains, in addition to the information and documentation required in Subsection (b), the person’s current official Texas criminal history report with a fingerprint card issued within the preceding 12 months.    (d)   Not later than 90 days after employing or contracting with a designated operator or an adult cabaret entertainer, the licensee shall include in the file a current official criminal history report from any state other than Texas in which the designated operator or adult cabaret entertainer resided during the 12-month period preceding commencement of the employment or contractual relationship with the sexually oriented business.    (e)   A licensee commits an offense if he allows a designated operator to operate a sexually oriented business without having on file, and available for inspection by representatives of the police department, all records and information required by this section for the designated operator.    (f)   A licensee or an operator commits an offense if he allows an adult cabaret entertainer to perform adult cabaret entertainment at a sexually oriented business without having on file, and available for inspection by representatives of the police department, all records and information required by this section for the adult cabaret entertainer.    (g)   All records maintained on an employee in compliance with this section must be retained at the sexually oriented business for at least 90 days following the date of any voluntary or involuntary termination of the employee’s employment or contract with the sexually oriented business.    (h)   A person who operates a sexually oriented business or the person’s agent or employee shall allow immediate access to these records by representatives of the police department. (Ord. Nos. 24440; 24699; 27139) SEC. 41A-8.   EXPIRATION OF LICENSE.    Each license expires one year from the date of issuance, except that a license issued pursuant to an exemption to a locational restriction expires on the date the exemption expires. A license may be renewed only by making application as provided in Section 41A-4. Application for renewal should be made at least 30 days before the expiration date, and when made less than 30 days before the expiration date, the expiration of the license will not be affected by the pendency of the application. (Ord. Nos. 19196; 20552; 21838; 24440; 24699; 27139) SEC. 41A-9.   SUSPENSION.    The chief of police shall suspend a license for a period not to exceed 30 days if the chief of police determines that a licensee, an operator, or an employee has:       (1)   violated or is not in compliance with Section 41A-4(h), 41A-7, 41A-7.1, 41A-13, 41A-14.1, 41A-14.2, 41A-14.3, 41A-15, 41A-16, 41A-17, 41A-18, 41A-18.1, 41A-19, or 41A-20 of this chapter;       (2)   refused to allow an inspection of the sexually oriented business premises as authorized by this chapter; or       (3)   knowingly permitted gambling by any person on the sexually oriented business premises. (Ord. Nos. 19196; 24440; 24699; 27139; 32125) SEC. 41A-10.   REVOCATION.    (a)   The chief of police shall revoke a license if a cause of suspension in Section 41A-9 occurs and the license has been suspended within the preceding 12 months.    (b)   The chief of police shall revoke a license if the chief of police determines that one or more of the following is true:       (1)   A licensee gave false or misleading information in the material submitted to the chief of police during the application process.       (2)   A licensee or an operator has knowingly allowed possession, use, or sale of controlled substances on the premises.       (3)   A licensee or an operator has knowingly allowed prostitution on the premises.       (4)   A licensee or an operator knowingly operated the sexually oriented business during a period of time when the licensee’s license was suspended.       (5)   A licensee or designated operator has been convicted of an offense listed in Section 41A-5(a)(8)(A) for which the time period required in Section 41A-5(a)(8)(B) has not elapsed.       (6)   On two or more occasions within a 12- month period, a person or persons committed an offense occurring in or on the sexually oriented business premises of a crime listed in Section 41A-5(a)(8)(A) for which a conviction has been obtained, and the person or persons were employees of the licensee or the sexually oriented business at the time the offenses were committed.       (7)   A licensee or an operator has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or sexual contact to occur in or on the sexually oriented business premises. The term “sexual contact” shall have the same meaning as it is defined in Section 21.01, Texas Penal Code.       (8)   A licensee is delinquent in payment to the city for hotel occupancy taxes, ad valorem taxes, or sales taxes related to the sexually oriented business.       (9)   A licensee or an operator has violated Section 41A-12 of this chapter.       (10)   A licensee or an operator has violated Section 41A-20.1(a) of this chapter.    (c)   The fact that a conviction is being appealed has no effect on the revocation of the license.    (d)   Subsection (b)(7) does not apply to adult motels as a ground for revoking the license unless the licensee or employee knowingly allowed the act of sexual intercourse, sodomy, oral copulation, masturbation, or sexual contact to occur in a public place or within public view.    (e)   When the chief of police revokes a license, the revocation will continue for one year, and the licensee, for one year after the date revocation becomes effective, shall not apply for or be issued a sexually oriented business license for the same location for which the license was revoked. If, subsequent to revocation, the chief of police finds that the basis for the revocation has been corrected or abated, the applicant may apply for and be granted a license if at least 90 days have elapsed since the date the revocation became effective. If the license was revoked under Subsection (b) (5), an applicant may not apply for or be granted another license until the appropriate number of years required under Section 41A-5(a)(8)(B) has elapsed. (Ord. Nos. 19196; 19377; 21629; 24206; 24440; 24699; 27139) SEC. 41A-10.1.   DENIAL, SUSPENSION, REVOCATION, OR DENIAL OF RENEWAL OF A LICENSE FOR CRIMINAL CONVICTIONS.    (a)   In determining whether a sexually oriented business license should be denied, suspended, revoked, or denied for renewal based on criminal convictions of an applicant or licensee of a sexually oriented business, or on convictions of an operator or employee of the applicant, the licensee, or the sexually oriented business, all convictions for offenses occurring within a designated time period will be counted, regardless of whether the offenses occurred during the current license period, a prior license period, or an unlicensed period.    (b)   Notwithstanding Subsection (a), a conviction for an offense committed during a prior license period or an unlicensed period will not be counted against a current applicant or licensee of a sexually oriented business if no person who is deemed a current applicant or licensee was an applicant, licensee, owner, or operator of the sexually oriented business during the prior license period or unlicensed period in which the offense was committed. (Ord. Nos. 24699; 27139) SEC. 41A-10.2.   NOTICE OF DENIAL OF ISSUANCE OR RENEWAL OF LICENSE OR SUSPENSION OR REVOCATION OF LICENSE; SURRENDER OF LICENSE.    (a)   If the chief of police denies the issuance or renewal of a sexually oriented business license or suspends or revokes a sexually oriented business license, the chief of police shall deliver to the applicant or licensee, either by hand delivery or by certified mail, return receipt requested, written notice of the action, the basis of the action, and the right to an appeal.    (b)   If the chief of police suspends or revokes a license or denies renewal of a license that was valid on the date the application for renewal was submitted, the chief of police may not enforce such action before the 11th day after the date the written notice required by Subsection (a) is delivered to the applicant or licensee.    (c)   After suspension or revocation of a license or denial of renewal of a license that was valid on the date the application for renewal was submitted, the applicant or licensee shall discontinue operating the sexually oriented business and surrender the license to the chief of police by 11:59 p.m. of the 10th day after the date:       (1)   notice required by Subsection (a) is delivered to the applicant or licensee, if no appeal is filed under Section 41A-11 of this chapter; or       (2)   a final decision is issued by the permit and license appeal board upholding the action of the chief of police, if an appeal is filed under Section 41A-11 of this chapter.    (d)   For purposes of this chapter, written notice is deemed to be delivered:       (1)   on the date the notice is hand delivered to the applicant or licensee; or       (2)   three days after the date the notice is placed in the United States mail with proper postage and properly addressed to the applicant or licensee at the address provided for the applicant or licensee in the most recent license application. (Ord. Nos. 24440; 24699; 27139) SEC. 41A-11.   APPEAL.    (a)   Upon delivery of written notice of the denial, suspension, or revocation of a sexually oriented business license as required by Section 41A-10.2, the applicant or licensee whose application for a license or license renewal has been denied or whose license has been suspended or revoked has the right to appeal to either the permit and license appeal board or the state district court.    (b)   An appeal to the permit and license appeal board must be in accordance with Section 2-96 of this code, except that an appeal from the denial of an initial sexually oriented business license must be heard and decided by the board within 30 days after the applicant files a written request for an appeal hearing.    (c)   The filing of an appeal under this section stays the action of the chief of police in suspending or revoking a license, or in denying renewal of a license that was valid on the date the application for renewal was submitted, until a final decision is made by the permit and license appeal board. A suspension or revocation of a license, or a denial of renewal of a license that was valid on the date the application for renewal was submitted, that is upheld by the board takes effect at 11:59 p.m. on the 10th day after the board issues its decision.    (d)   An appeal to the state district court must be filed within 30 days after notice of the decision of the chief of police is delivered to the applicant or licensee as required by Section 41A-10.2 or a final decision is issued by the permit and license appeal board upholding the decision of the chief of police. The applicant or licensee shall bear the burden of proof in court. The filing of an appeal to state district court stays a suspension or revocation of the license, or denial of renewal of a license that was valid on the date the application for renewal was submitted, pending a judicial determination of the appeal by the trial court. (Ord. Nos. 19196; 20552; 21838; 24440; 24699; 27139) SEC. 41A-12.   TRANSFER OF LICENSE.    A licensee shall not transfer his license to another, nor shall a licensee operate a sexually oriented business under the authority of a license at any place other than the address designated in the application. (Ord. Nos. 19196; 24440; 24699) SEC. 41A-13.   LOCATION OF SEXUALLY ORIENTED BUSINESSES.    (a)   A person commits an offense if he causes or permits the operation, establishment, substantial enlargement, or transfer of ownership or control of a sexually oriented business within 1,000 feet of:       (1)   a church;       (2)   a public or private elementary or secondary school;       (3)   a boundary of a residential or historic district as defined in this chapter;       (4)   a public park;       (5)   the property line of a lot devoted to a residential use as defined in this chapter;       (6)   a hospital; or       (7)   a child-care facility.    (b)   A person commits an offense if he causes or permits the operation, establishment, substantial enlargement, or transfer of ownership or control of a sexually oriented business within 1,000 feet of another sexually oriented business.    (c)   A person commits an offense if he causes or permits the operation, establishment, or maintenance of more than one sexually oriented business in the same building, structure, or portion of a building or structure, or the increase of floor area of any sexually oriented business in any building, structure, or portion of a building or structure containing another sexually oriented business.    (d)   For the purposes of Subsection (a), measurement must be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a church, public or private elementary or secondary school, hospital, or child-care facility or to the nearest boundary of an affected public park, residential district, historic district, or residential lot.    (e)   For purposes of Subsection (b) of this section, the distance between any two sexually oriented businesses must be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.    (f)   Any sexually oriented business lawfully operating on May 28, 1997 that is in violation of Subsections (a), (b), or (c) of this section is a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed six months, unless sooner terminated for any reason or voluntarily discontinued for a period of 30 days or more. The nonconforming use may not be increased, enlarged, extended, or altered, except that the use may be changed to a conforming use. If two or more sexually oriented businesses are within 1,000 feet of one another and otherwise in a permissible location, the sexually oriented business that was first established and continually operating at a particular location is the conforming use and the later-established business is nonconforming.    (g)   An owner of a nonconforming sexually oriented business who cannot recoup actual investments in the use by November 29, 1997 may request an extension of the compliance date from the board of adjustment. The request must be in writing and filed with the city building official on or before October 29, 1997. No application for an extension that is received by the building official after October 29, 1997 may be considered.    (h)   The board of adjustment shall conduct a hearing on the request for extension in accordance with applicable procedures set forth in Section 51A-4.703 of the Dallas Development Code. If the board of adjustment determines that the owner of the nonconforming sexually oriented business cannot recoup actual investments in the use by November 29, 1997, it may by written order provide a new compliance date to the owner. The board of adjustment shall consider the factors listed in Section 51A-4.704(a)(1)(D) of the Dallas Development Code in determining whether to grant the request for extension. Any extension granted by the board of adjustment must specify a date certain for closure of the sexually oriented business and is not valid for operation of the business at any other location.    (i)   The board of adjustment’s decision on a request for an extended compliance date is final unless appealed to the district court within 10 days in accordance with Chapter 211 of the Texas Local Government Code.    (j)   A sexually oriented business that remains in operation pursuant to an extension granted under this section is not considered as having a license for purposes of measuring distances between a sexually oriented business and a church, a public or private elementary or secondary school, a boundary of a residential or historic district, a public park, the property line of a lot devoted to a residential use, a hospital, a child-care facility, or another sexually oriented business, as required in Section 41A-13.    (k)   A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the sexually oriented business license, of a church, public or private elementary or secondary school, public park, residential district, historic district, residential lot, hospital, or child-care facility within 1,000 feet of the sexually oriented business. This provision applies only to the renewal of a valid license, and does not apply when an application for a license is submitted after a license has expired or has been revoked.    (l)   Requirements for posting an intent to locate a sexually oriented business.       (1)   Whenever a sign is posted at an intended location of a sexually oriented business in compliance with Section 243.0075 of the Texas Local Government Code, as amended, and the intended location of the sexually oriented business is not in violation of the locational restrictions of this section at the time the sign is posted, the sexually oriented business will qualify as a conforming use and will not be rendered nonconforming by any location, subsequent to the posting of the sign, of a church, public or private elementary or secondary school, public park, residential district, historic district, residential lot, hospital, or child-care facility within 1,000 feet of the posted location of the sexually oriented business.       (2)   The operator of a proposed sexually oriented business shall notify the chief of police, by either certified mail or hand delivery, whenever a sign is posted at the intended location of the business in compliance with Section 243.0075 of the Texas Local Government Code, as amended. The notification must be in the form of a sworn statement indicating the location of the sign and the date it was posted and must be received by the chief of police within five days after the date of the sign’s posting.       (3)   Paragraph (1) of this subsection does not apply if:          (A)   a completed license application for the proposed sexually oriented business is not filed with the chief of police within 20 days after the expiration of the 60-day posting requirement of Section 243.0075 of the Texas Local Government Code, as amended; or          (B)   the notification requirements of Paragraph (2) of this subsection are not met. (Ord. Nos. 19196; 19377; 20291; 21629; 23137; 24440; 24699; 25092) SEC. 41A-14.   EXEMPTION FROM LOCATION RESTRICTIONS.    (a)   If the chief of police denies the issuance of a license to an applicant because the location of the sexually oriented business establishment is in violation of Section 41A-13 of this chapter, then the applicant may, not later than 10 calendar days after receiving notice of the denial, file with the city secretary a written request for an exemption from the locational restrictions of Section 41A-13.    (b)   If the written request is filed with the city secretary within the 10- day limit, a permit and license appeal board, selected in accordance with Section 2-95 of this code, shall consider the request. The city secretary shall set a date for the hearing within 60 days from the date the written request is received.    (c)   A hearing by the board may proceed if a quorum of the board is present. The board shall hear and consider evidence offered by any interested person. The formal rules of evidence do not apply.    (d)   The permit and license appeal board may, in its discretion, grant an exemption from the locational restrictions of Section 41A-13 if it makes the following findings:       (1)   that the location of the proposed sexually oriented business will not have a detrimental effect on nearby properties or be contrary to the public safety or welfare;       (2)   that the location of the proposed sexually oriented business will not downgrade the property values or quality of life in the adjacent areas or encourage the development of urban blight;       (3)   that the location of the proposed sexually oriented business in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any efforts of urban renewal or restoration; and       (4)   that all other applicable provisions of this chapter will be observed.    (e)   The board shall grant or deny the exemption by a majority vote. Failure to reach a majority vote shall result in denial of the exemption. Disputes of fact shall be decided on the basis of a preponderance of the evidence. The decision of the permit and license appeal board is final.    (f)   If the board grants the exemption, the exemption is valid for one year from the date of the board’s action. Upon the expiration of an exemption, the sexually oriented business is in violation of the locational restrictions of Section 41A-13 until the applicant applies for and receives another exemption.    (g)   If the board denies the exemption, the applicant may not re-apply for an exemption until at least 12 months have elapsed since the date of the board’s action.    (h)   The grant of an exemption does not exempt the applicant from any other provisions of this chapter other than the locational restrictions of Section 41A-13. The grant of an exemption does not exempt the applicant from the provisions of Section 41A-13 prohibiting substantial enlargement of a sexually oriented business. (Ord. Nos. 19196; 24440; 24699; 25002) SEC. 41A-14.1.   EXTERIOR PORTIONS OF SEXUALLY ORIENTED BUSINESSES.    (a)   An owner or operator of a sexually oriented business commits an offense if he allows:       (1)   the merchandise or activities of the establishment to be visible from any point outside the establishment;       (2)   the exterior portions of the establishment to have flashing lights, or any words, lettering, photographs, silhouettes, drawings, or pictorial representations of any manner except to the extent permitted by this chapter; or       (3)   the exterior portions of the establishment to be painted any color other than a single achromatic color, except that this paragraph does not apply to an establishment if the following conditions are met:          (A)   the establishment is a part of a commercial multi-unit center; and          (B)   the exterior portions of each individual unit in the commercial multi-unit center, including the exterior portions of the establishment, are painted the same color as one another or are painted in such a way as to be a component of the overall architectural style or pattern of the commercial multi-unit center.    (b)   Nothing in this section requires the painting of an otherwise unpainted exterior portion of a sexually oriented business.    (c)   The exterior of any sexually oriented business lawfully operating on May 28, 1997 is not required to comply with Subsections (a)(2) and (a)(3) of this section until alterations, repairs, remodeling, and repainting that cumulatively affect more than 50 percent of the exterior are performed on the sexually oriented business during any 12-month period. (Ord. Nos. 23137; 24440; 24699) SEC. 41A-14.2.   SIGN REQUIREMENTS.    (a)   Notwithstanding any provision of the Dallas Development Code or any other city ordinance, code, or regulation to the contrary, the owner or operator of any sexually oriented business or any other person commits an offense if he erects, constructs, or maintains any sign for the establishment other than one primary sign and one secondary sign, as provided in this section.    (b)   A primary sign may have no more than two display surfaces. Each display surface must:       (1)   not contain any flashing lights;       (2)   be a flat plane, rectangular in shape;       (3)   not exceed 75 square feet in area; and       (4)   not exceed 10 feet in height or 10 feet in length.    (c)   A secondary sign may have only one display surface. The display surface must:       (1)   not contain any flashing lights;       (2)   be a flat plane, rectangular in shape;       (3)   not exceed 20 square feet in area;       (4)   not exceed five feet in height or four feet in width; and       (5)   be affixed or attached to a wall or door of the establishment.    (d)   A primary or secondary sign must contain no photographs, silhouettes, drawings, or pictorial representations of any manner, and may contain only:       (1)   the name of the establishment; and/or       (2)   one or more of the following phrases:          (A)   “Adult arcade.”          (B)   “Adult bookstore or adult video store.”          (C)   “Adult cabaret.”          (D)   “Adult motel.”          (E)   “Adult motion picture theater.”          (F)   “Escort agency.”          (G)   “Nude model studio.”    (e)   In addition to the phrases listed in Subsection (d)(2) of this section, a primary sign for an adult motion picture theater may contain the phrase, “Movie Titles Posted on Premises,” and a primary sign for an adult bookstore or adult video store may contain the word “DVD’s”.    (f)   Each letter forming a word on a primary or secondary sign must be of a solid color, and each letter must be the same print-type, size, and color. The background behind the lettering on the display surface of a primary or secondary sign must be of a uniform and solid color.    (g)   Notwithstanding the sign requirements of this section and Section 41A-14.1, any sign lawfully existing on the premises of a lawfully operating sexually oriented business on May 28, 1997 may continue to be maintained on the premises, until:       (1)   the sign is intentionally removed or destroyed by the owner or operator of the sexually oriented business or abandoned by the owner or operator of the sexually oriented business; or       (2)   the city requires removal, relocation, or reconstruction of the sign in accordance with applicable state law. (Ord. Nos. 23137; 24440; 24699; 25296) SEC. 41A-14.3.   HOURS OF OPERATION.    (a)   A sexually oriented business must be closed for business each day between the hours of 2:00 a.m. and 6:00 a.m.    (b)   This section shall be reviewed by the appropriate city council committee on or before January 26, 2024, and by the January of every even numbered year thereafter. (Ord. 32125) SEC. 41A-15.   ADDITIONAL REGULATIONS FOR ESCORT AGENCIES.    A person commits an offense if the person acts as an escort or agrees to act as an escort for a minor. (Ord. Nos. 19196; 24440; 24699; 27139) SEC. 41A-16.   ADDITIONAL REGULATIONS FOR NUDE MODEL STUDIOS.    (a)   A person commits an offense if he knowingly allows a person under 21 years of age to appear in a state of nudity in or on the premises of a nude model studio.    (b)   A minor commits an offense if the minor appears in a state of nudity in or on the premises of a nude model studio.    (c)   A person commits an offense if the person appears in a state of nudity or knowingly allows another to appear in a state of nudity in an area of a nude model studio premises that can be viewed from the public right-of-way.    (d)   A nude model studio shall not place or permit a bed, sofa, or mattress in any room on the premises, except that a sofa may be placed in a reception room open to the public.    (e)   An employee of a nude model studio, while exposing any specified anatomical areas, commits an offense if the employee touches a customer or the clothing of a customer.    (f)   A customer at a nude model studio commits an offense if the customer touches an employee who is exposing any specified anatomical areas or touches the clothing of the employee.    (g)   A licensee, an operator, or an employee of a nude model studio commits an offense if he permits any customer access to an area of the premises not visible from the manager’s station or not visible by a walk through of the premises without entering a closed area, excluding a restroom. (Ord. Nos. 19196; 23137; 24440; 24699; 27139; 32125) SEC. 41A-17.   ADDITIONAL REGULATIONS FOR ADULT MOTION PICTURE THEATERS.    (a)   A person commits an offense if he knowingly allows a person under 21 years of age to appear in a state of nudity in or on the premises of an adult motion picture theater.    (b)   A minor commits an offense if the minor knowingly appears in a state of nudity in or on the premises of an adult motion picture theater. (Ord. Nos. 19196; 21838; 24440; 24699; 27139; 32125) SEC. 41A-18.   ADDITIONAL REGULATIONS FOR ADULT MOTELS.    (a)   Evidence that a sleeping room in a hotel, motel, or similar commercial establishment has been rented and vacated two or more times in a period of time that is less than 10 hours creates a rebuttable presumption that the establishment is an adult motel as that term is defined in this chapter.    (b)   A person commits an offense if, as the person in control of a sleeping room in a hotel, motel, or similar commercial establishment that does not have a sexually oriented business license, he rents or subrents a sleeping room to a person and, within 10 hours from the time the room is rented, he rents or subrents the same sleeping room again.    (c)   For purposes of Subsection (b) of this section, the terms “rent” or “subrent” mean the act of permitting a room to be occupied for any form of consideration. (Ord. Nos. 19196; 24440; 24699) SEC. 41A-18.1.   ADDITIONAL REGULATIONS FOR ADULT CABARETS.    (a)   A licensee or an operator of an adult cabaret commits an offense if he employs, contracts with, or otherwise allows a person to act as an adult cabaret entertainer if the person has been convicted of an offense listed in Section 41A-5(a)(8)(A) for which the time period required in Section 41A-5(a)(8)(B) has not elapsed.    (b)   An employee of an adult cabaret, while exposing any specified anatomical areas, commits an offense if the employee touches a customer or the clothing of a customer.    (c)   A customer at an adult cabaret commits an offense if the customer touches an employee who is exposing any specified anatomical areas or touches the clothing of the employee.    (d)    An adult cabaret may not contain any VIP rooms, except that any VIP room contained in a lawfully operating adult cabaret on April 21, 2008 may continue in existence until April 21, 2009, provided that no adult cabaret entertainment occurs in the VIP room.    (e)   Except for a restroom or an area of which the entire interior is clearly and completely visible from the exterior of the area, no area of an adult cabaret that is accessible to a customer may be separated from any other customer-accessible area by a door, wall, curtain, drape, partition, or room divider of any kind. Nothing in this subsection precludes the installation or maintenance of any wall or column that is essential to the structural integrity of the building. Any adult cabaret lawfully operating on April 21, 2008 must comply with the requirements of this subsection not later than April 21, 2009.    (f)   A licensee, an operator, or an employee of an adult cabaret commits an offense if he permits any customer access to an area of the premises:       (1)   not visible from the manager’s station or not visible by a walk through of the premises without entering a closed area, excluding a restroom; or       (2)   not regularly open to all customers of the business.    (g)   Adult cabaret entertainment must occur only in the presence of, and be visually observable by, an employee who is not an adult cabaret entertainer. A licensee or operator commits an offense if he knowingly allows adult cabaret entertainment to be performed in violation of this subsection.    (h)   The purpose of Subsections (d), (e), (f), and (g) of this section is to reduce the opportunity for unlawful activity such as indecent exposure, solicitation for prostitution, and prostitution that occurs in VIP rooms and other areas of adult cabarets that are not open to the view of management personnel, law enforcement officers, and customers. By prohibiting VIP rooms and requiring adult entertainment to be performed in more open and visible surroundings, unlawful activity will be deterred because it will be more readily observable by management personnel, law enforcement officers, and customers. (Ord. Nos. 23137; 24440; 24699; 27139) SEC. 41A-19.   REGULATIONS PERTAINING TO EXHIBITION OF SEXUALLY EXPLICIT FILMS OR VIDEOS.    (a)   A person who operates or causes to be operated a sexually oriented business, other than an adult motel, which exhibits on the premises in a viewing room of less than 150 square feet of floor space, a film, video cassette, or other video reproduction that depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:       (1)   Upon application for a sexually oriented business license, the application must be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager’s stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager’s station may not exceed 32 square feet of floor area. The diagram must also designate the place at which the permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer’s or architect’s blueprint is not required; however, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches. The chief of police may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.       (2)   The application must be sworn to be true and correct by the applicant.       (3)   No alteration in the configuration or location of a manager’s station may be made without the prior approval of the chief of police or the chief’s designee.       (4)   It is the duty of the owners and operator of the premises to ensure that at least one employee is on duty and situated in each manager’       (5)   The interior of the premises must be configured in such a manner that there is an unobstructed view from a manager’s station of every area of the premises to which any patron is permitted access for any purpose excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises has two or more manager’s stations designated, then the interior of the premises must be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager’s stations. The view required in this subsection must be by direct line of sight from the manager’s station.       (6)   It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present in the premises, to ensure that the view area specified in Paragraph (5) of this subsection remains unobstructed by any doors, walls, merchandise, display racks, or other materials at all times that any patron is present in the premises and to ensure that no patron is permitted access to any area of the premises that has been designated as an area in which patrons will not be permitted in the application filed pursuant to Paragraph (1) of this subsection.       (7)   The premises must be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than one (1.0) footcandle as measured at the floor level.       (8)   It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present in the premises, to ensure that the illumination described in Paragraph (7) of this subsection is maintained at all times that any patron is present in the premises.    (b)   A person having a duty under Paragraphs (1) through (8) of Subsection (a) commits an offense if he knowingly fails to fulfill that duty. (Ord. Nos. 19196; 24440; 24699) SEC. 41A-20.   DISPLAY OF SEXUALLY EXPLICIT MATERIAL TO MINORS.    (a)   A person commits an offense if, in a business establishment open to minors, the person displays a book, pamphlet, newspaper, magazine, film, or video cassette, the cover of which depicts, in a manner calculated to arouse sexual lust or passion for commercial gain or to exploit sexual lust or perversion for commercial gain, any of the following:       (1)   human sexual intercourse, masturbation, or sodomy;       (2)   fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts;       (3)   less than completely and opaquely covered human genitals, buttocks, or that portion of the female breast below the top of the areola; or       (4)   human male genitals in a discernibly turgid state, whether covered or uncovered.    (b)   In this section “display” means to locate an item in such a manner that, without obtaining assistance from an employee of the business establishment:       (1)   it is available to the general public for handling and inspection; or       (2)   the cover or outside packaging on the item is visible to members of the general public. (Ord. Nos. 19196; 24440; 24699; 27139) SEC. 41A-20.1.   PROHIBITIONS AGAINST MINORS IN SEXUALLY ORIENTED BUSINESSES.    (a)   A licensee or operator commits an offense if he knowingly:       (1)   allows a minor to enter the interior premises of a sexually oriented business;       (2)   employs, contracts with, or otherwise engages or allows a person under 21 years of age to perform adult cabaret entertainment; or       (3)   employs a person under 21 years of age in a sexually oriented business.        (b)   Knowledge on the part of the licensee or operator is presumed under Paragraph (2) or (3) of Subsection (a) if identification records were not kept in accordance with the requirements of Section 41A-7.1, and properly kept records would have informed the licensee or operator of the person's age.       (c)   An employee commits an offense if the employee knowingly:       (1)   allows a minor to enter the interior premises of a sexually oriented business;       (2)   employs, contracts with, or otherwise engages or allows a person under 21 years of age to perform adult cabaret entertainment; or       (3)   employs a person under 21 years of age in a sexually oriented business.    (d)   A minor commits an offense if the minor knowingly enters the interior premises of a sexually oriented business. (Ord. Nos. 27139; 32125) SEC. 41A-21.   ENFORCEMENT.    (a)   Whenever a person does an act that is forbidden, fails to perform an act that is required, or commits an act that is made an offense by any provision of this chapter, the violation is punishable as provided by Section 243.010(b) of the Texas Local Government Code, as amended. A person violating a provision of this chapter is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted.    (b)   Except where otherwise specified, a culpable mental state is not required for the commission of an offense under this chapter.    (c)   It is a defense to prosecution under Section 41A-4(a), 41A-13, or 41A-16(d) that a person appearing in a state of nudity did so in a modeling class operated:       (1)   by a proprietary school licensed by the state of Texas; a college, junior college, or university supported entirely or partly by taxation;       (2)   by a private college or university that maintains and operates educational programs in which credits are transferrable to a college, junior college, or university supported entirely or partly by taxation; or       (3)   in a structure:          (A)   that has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and          (B)   where in order to participate in a class a student must enroll at least three days in advance of the class; and          (C)   where no more than one nude model is on the premises at any one time.    (d)   It is a defense to prosecution under Section 41A-4(a) or Section 41A-13 that each item of descriptive, printed, film, or video material offered for sale or rental, taken as a whole, contains serious literary, artistic, political, or scientific value. (Ord. Nos. 19196; 19963; 20552; 24440; 24699) SEC. 41A-22.   INJUNCTION.    A person who operates or causes to be operated a sexually oriented business without a valid license or in violation of Section 41A-13 of this chapter is subject to a suit for injunction as well as prosecution for criminal violations. (Ord. Nos. 19196; 24440; 24699) SEC. 41A-23.   AMENDMENT OF THIS CHAPTER.    Sections 41A-13 and 41A-14 of this chapter may be amended only after compliance with the procedure required to amend a zoning ordinance. Other sections of this chapter may be amended by vote of the city council. (Ord. Nos. 19196; 24440; 24699) CHAPTER 42 HOME SOLICITATIONS ARTICLE I. GENERAL. Sec. 42-1.   Purpose. Sec. 42-2.   Definitions. Sec. 42-3.   Authority of chief. Sec. 42-4.   Delivery of notices. Sec. 42-5.   Violations; penalty. Sec. 42-6.   Presumption of distribution of commercial printed matter. ARTICLE II. REGISTRATION OF HOME SOLICITORS. Sec. 42-7.   Registration required; defenses. Sec. 42-8.   Application for registration; fee; expiration; nontransferability; material changes. Sec. 42-9.   Issuance, denial, and display of registration; identification badge. Sec. 42-10.   Suspension. Sec. 42-11.   Revocation. Sec. 42-12.   Appeals. ARTICLE III. MISCELLANEOUS REQUIREMENTS FOR HOME SOLICITATIONS. Sec. 42-13.   Time and manner for conducting home solicitations. Sec. 42-14.   Exhibiting signs prohibiting home solicitors. Sec. 42-15.   Records. ARTICLE I. GENERAL. SEC. 42-1.   PURPOSE.    The purpose of this chapter is to protect against criminal activity (including, but not limited to, burglary and fraud), to minimize the unwelcome disturbance of citizens and the disruption of privacy, and to otherwise preserve the public health, safety, and welfare by providing a registration program for home solicitors. (Ord. 29245, eff. 4-22-14) SEC. 42-2.   DEFINITIONS.    In this chapter:       (1)   AGENT means any person employed by or contracting with a home solicitor.       (2)   CERTIFICATE OF REGISTRATION or REGISTRATION means a certificate of registration issued to a home solicitor under this chapter.       (3)   CHIEF means the chief of police for the city of Dallas or a designated representative.       (4)   COMMERCIAL PRINTED MATTER means any printed or written matter, whether on a sample, device, dodger, circular, leaflet, pamphlet, paper, or booklet, and whether printed, reproduced, or copied that:          (A)   advertises for sale any merchandise, product, commodity, or service;          (B)   directs attention to a business or commercial establishment or other activity for the purpose of either directly or indirectly promoting sales;          (C)   directs attention to or advertises a meeting, performance, exhibition, or event, for which an admission fee is charged for the purpose of private gain or profit, unless an admission fee is charged or a collection is taken up at the meeting, performance, exhibition, or event only for the purpose of defraying the expenses; or          (D)   while containing reading matter other than advertising matter, is predominantly and essentially an advertisement and is distributed or circulated for advertising purposes or for the private benefit and gain of any person so engaged as the advertiser or distributor.       (5)   CONVICTION means a conviction in a federal court or a court of any state or foreign nation or political subdivision of a state or foreign nation that has not been reversed, vacated, or pardoned.       (6)   DISTRIBUTION means:          (A)   to hand or attempt to hand commercial printed matter to an owner or occupant of a residential premises or to any other person then present on the residential premises; or          (B)   to place, deposit, or distribute commercial printed matter on residential premises.       (7)   GOODS means property of every kind.       (8)   HOME SOLICITATION means the business of soliciting, selling, or taking orders for goods or services or distributing commercial printed matter by going to one or more residential premises in the city in person or by an agent.       (9)   HOME SOLICITOR means a person who engages in home solicitations.       (10)   IDENTIFICATION BADGE means a badge issued to a registrant under this chapter that contains:          (A)   the registrant’s photograph;          (B)   the number and expiration date of the registrant’s certificate of registration; and          (C)   the phrase “Home Solicitor Registered under Chapter 42 of the Dallas City Code,” or similar language approved by the chief.       (11)   PERSON means an individual, corporation, trust, partnership, association, or any other legal entity.       (12)   REGISTRANT means a person issued a certificate of registration as a home solicitor under this chapter.       (13)   RESIDENTIAL PREMISES means any dwelling, house, building, or other structure designed or used either wholly or in part for private residential purposes (whether inhabited, uninhabited, or vacant), including any yard, grounds, walk, driveway, porch, steps, vestibule, or mailbox belonging or appurtenant to the dwelling, house, building, or other structure.       (14)   SERVICES means any work done for the benefit of another person. (Ord. 29245, eff. 4-22-14) SEC. 42-3.   AUTHORITY OF CHIEF.    The chief shall implement and enforce this chapter and may by written order establish such rules, regulations, or procedures, not inconsistent with this chapter, as the chief determines are necessary to discharge any duty under or to effect the policy of this chapter. (Ord. 29245, eff. 4-22-14) SEC. 42-4.   DELIVERY OF NOTICES.    Any written notice that the chief is required to give an applicant or registrant under this chapter is deemed to be delivered:       (1)   on the date the notice is hand delivered to the applicant or registrant; or       (2)   three days after the date the notice is placed in the United States mail with proper postage and properly addressed to the applicant or registrant at the address provided for the applicant or registrant in the most recent registration application. (Ord. 29245, eff. 4- 22-14) SEC. 42-5.   VIOLATIONS; PENALTY.    (a)   A person who violates a provision of this chapter, or who fails to perform an act required of the person by this chapter, commits an offense. A person commits a separate offense for:       (1)   each day or portion of a day during which a violation is committed, permitted, or continued;       (2)   each item placed, deposited, or distributed on residential premises in violation of this chapter; and       (3)   each residential premises to which a home solicitation is conducted in violation of this chapter.    (b)   An offense under this chapter is punishable by a fine of not more than $500.    (c)   The culpable mental state required for the commission of an offense under this chapter is governed by Section 1-5.1 of this code.    (d)   The penalties provided for in Subsection (b) are in addition to any other enforcement remedies and penalties that the city may have under city ordinances and state law. (Ord. 29245, eff. 4-22-14) SEC. 42-6.   PRESUMPTION OF DISTRIBUTION OF COMMERCIAL PRINTED MATTER.    Whenever commercial printed matter is placed, deposited, or distributed, or caused to be placed, deposited, or distributed, in violation of this chapter, it is presumed that the person named on the commercial printed matter is the person who committed the violation, either personally or through an agent. (Ord. 29245, eff. 4-22-14) ARTICLE II. REGISTRATION OF HOME SOLICITORS . SEC. 42-7.   REGISTRATION REQUIRED; DEFENSES.    (a)   A person commits an offense if, within the city, the person:       (1)   personally, by an agent, or as the agent of another, engages in a home solicitation without a valid certificate of registration issued to the person under this chapter;       (2)   engages in a home solicitation by using an agent who does not hold a valid certificate of registration issued under this chapter; or       (3)   engages in a home solicitation by acting as an agent of another person who does not hold a valid certificate of registration issued under this chapter.    (b)   It is a defense to prosecution under Subsection (a) that:       (1)   the person was soliciting for a noncommercial purpose, including but not limited to a charitable, educational, civic, patriotic, philanthropic, political, or religious purpose;       (2)   the person was on the residential premises by express invitation of the owner, occupant, or other person in control of the premises;       (3)   the person was a wholesale agent or factory representative who sells or exhibits for sale goods, wares, or merchandise and was conducting business with a person engaged in the business of buying, selling, and dealing in the same type of goods, wares, or merchandise;       (4)   the person was soliciting newspaper sales, or delivering newspapers pursuant to a request by or contract with the owner, occupant, or other person in control of a residential premises;       (5)   the solicitation, sale, or taking of orders for goods or services took place upon residential premises owned, leased, or controlled by the person or by the person’s employer;       (6)   the person was a governmental entity, or an officer, employee, or agent of a governmental entity, placing a notice or other information on the premises in the performance of official duties; or       (7)   the person was the United States Postal Service or a private courier service registered with the Federal Motor Carrier Safety Administration, or an employee or agent of those services, delivering an item of mail, a notice, or a package to the premises.    (c)   Before taking any enforcement action under this section, the chief, any police officer, or any city code enforcement officer shall ask the apparent offender’s reason for being on the residential premises or for depositing any item on the premises. The chief, the police officer, or the city code enforcement officer shall not issue a citation or make an arrest under this section unless he or she reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in Subsection (b) is present. (Ord. 29245, eff. 4-22-14) SEC. 42-8.    APPLICATION FOR REGISTRATION; FEE; EXPIRATION; NONTRANSFERABILITY; MATERIAL CHANGES.    (a)   To obtain a certificate of registration to conduct home solicitations, a person must file a written application with the chief on a form provided for that purpose. The application must include the following:       (1)   If the applicant is a company:          (A)   the company name, address, and telephone number;          (B)   the name, address, telephone number, and title of each of its officers;          (C)   the date and place of incorporation or establishment of the business; and          (D)   the name, address, and telephone number of each person who will be conducting a home solicitation in the city for the applicant.       (2)   If the applicant is an individual:          (A)   the applicant’s name, address, and telephone number;          (B)   the name, address, and telephone number of any individual or company for which the applicant is acting as an agent;          (C)   the name, address, and telephone number of each person who will be conducting a home solicitation in the city for the applicant;          (D)   a photograph of the applicant, taken within the preceding 12 months, that clearly depicts the applicant’s facial features; and          (E)   the applicant’s date of birth and driver’s license number (with the state of issuance) or, if the applicant does not have a driver’s license, the number from another government-issued personal identification card containing the applicant’s photograph and date of birth.       (3)   The names of other communities in which the applicant has worked as a home solicitor in the past 12 months and, if the applicant was an agent of different companies in the other communities, the names of those companies.       (4)   The nature, character, and quality of the goods or services to be advertised, offered for sale, or delivered as part of the home solicitation.       (5)   Whether the applicant, upon obtaining an order for goods or services, will demand, accept, or receive payment or a deposit of money in advance of final delivery of the goods or services.       (6)   The dates, times, and locations for which the applicant proposes to conduct home solicitations in the city.       (7)   An outline of the method or methods to be used in conducting the home solicitations.       (8)   Whether the applicant has been convicted of any crime listed in Section 42-9(a)(2)(A) within the time period listed in Section 42-9(a)(2)(B), and the applicant’s signed consent authorizing the city to obtain a criminal history report on the applicant.       (9)   Proof that the applicant possesses all licenses or permits required by this code or by state or federal law for the operation of the proposed business.       (10)   If the applicant is an agent of an individual or company, written proof of the applicant’s authority to represent the individual or company.       (11)   Any other information the chief determines necessary to the enforcement and administration of this chapter.    (b)   An application filed under this section must be accompanied by a nonrefundable registration fee of $50.    (c)   A certificate of registration expires one year after the date of issuance. Upon expiration, the registrant may apply for a registration renewal in the same manner prescribed by this section for a new registration.    (d)   Neither a certificate of registration nor an identification badge is transferable from one person to another, but both may be used by the registrant to act as an agent for different individuals or companies during the registration term if the chief is notified in accordance with Subsection (e).    (e)   A registrant shall notify the chief within 10 days after any material change in the information on the application during the registration term. A material change includes, but is not limited to:       (1)   when a registrant becomes an agent for another individual or company;       (2)   when a registrant terminates an individual’s authority to serve as the registrant’s agent;       (3)   a change in the nature, character, and quality of the goods or services; or       (4)   a change in the dates, times, and locations proposed for conducting home solicitations in the city. (Ord. 29245, eff. 4-22-14) SEC. 42-9.   ISSUANCE, DENIAL, AND DISPLAY OF REGISTRATION; IDENTIFICATION BADGE.    (a)   The chief shall issue a certificate of registration to the applicant within 30 days after receipt of the application unless any of the following applies:       (1)   The applicant has failed to provide material information requested or made a false statement of a material fact on the application form or in a hearing concerning the application or registration.       (2)   The applicant has been convicted of a crime:          (A)   involving:             (i)   criminal homicide as described in Chapter 19 of the Texas Penal Code, as amended;             (ii)   kidnapping as described in Chapter 20 of the Texas Penal Code, as amended;             (iii)   a sexual offense as described in Chapter 21 of the Texas Penal Code, as amended;             (iv)   an assaultive offense as described in Chapter 22 of the Texas Penal Code, as amended;             (v)   robbery as described in Chapter 29 of the Texas Penal Code, as amended;             (vi)   burglary as described in Chapter 30 of the Texas Penal Code, as amended;             (vii)   theft as described in Chapter 31 of the Texas Penal Code, as amended, but only if the offense was committed against a person with whom the applicant came in contact while engaged in a home solicitation business;             (viii)   fraud as described in Chapter 32 of the Texas Penal Code, as amended, but only if the offense was committed against a person with whom the applicant came in contact while engaged in a home solicitation business;             (ix)   the transfer, carrying, or possession of a weapon in violation of Chapter 46 of the Texas Penal Code, as amended, or of any comparable state or federal law, but only if the violation is punishable as a felony under the applicable law; or             (x)   criminal attempt to commit any of offenses listed in Paragraph (2) (A) (i) through (ix) of this subsection;          (B)   for which:             (i)   less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the applicant was convicted of a misdemeanor offense;             (ii)   less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the applicant was convicted of a felony offense; or             (iii)   less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if, within any 24-month period, the applicant has two or more convictions of any misdemeanor offense or combination of misdemeanor offenses.       (3)   The applicant has failed to provide proof of a license or permit required by this code or another city ordinance or by state law for the operation of the proposed business.       (4)   The applicant or an agent, individually or cumulatively, has been convicted of two violations of this chapter, other than the offense of conducting a home solicitation without a certificate of registration, within the 24 months immediately preceding the application.       (5)   The required registration fee has not been paid.       (6)   The applicant has failed to comply with or the proposed business will violate any applicable ordinance or regulation of the city or applicable state or federal law.    (b)   If the chief determines that a certificate of registration should be denied the applicant, the chief shall notify the applicant in writing that the application is denied and include in the notice the reason for denial and a statement informing the applicant of the right of appeal.    (c)   Upon issuing a certificate of registration, the chief shall also issue the registrant an identification badge. At all times the registrant is conducting home solicitations in the city, the registrant shall prominently display the identification badge on the registrant’s clothing and maintain the certificate of registration on the registrant’s person. The registrant shall allow the certificate of registration and the identification badge to be examined upon request by the chief, any police officer, any city code enforcement officer, or the owner or occupant of the residential premises on which a home solicitation is being conducted.    (d)   If a registrant’s identification badge is lost, mutilated, or destroyed, the chief shall issue the registrant a duplicate identification badge upon payment of a $10 duplicate badge fee. (Ord. 29245, eff. 4-22-14) SEC. 42-10.   SUSPENSION.    (a)   The chief may suspend a certificate of registration for a definite period of time not to exceed 30 days if the chief determines that:       (1)   a violation of this code or any other law concerning the sale or distribution of goods or services, or the distribution of commercial printed matter, by the registrant or the registrant’s agent has occurred; or       (2)   the registrant or a representative authorized to supervise the registrant’s agents has failed to establish policy and take action to discourage, prevent, or correct violations of this chapter by agents.    (b)   The chief shall send to the registrant by certified mail, return receipt requested, a written statement setting forth the reasons for the suspension and notifying the registrant of the right to appeal. A timely request for appeal by the registrant stays the effect of the suspension unless the chief determines that an emergency exists.    (c)   For purposes of this section, an emergency exists if the chief determines that a violation has occurred and constitutes an imminent and serious threat to the public health or safety. In case of an emergency, the chief may order the registrant or the registrant’s representative to correct the violation immediately or cease home solicitations to the extent the chief determines is necessary to abate the threat until the violation is corrected. (Ord. 29245, eff. 4-22- 14) SEC. 42-11.   REVOCATION.    (a)   The chief shall revoke a certificate of registration if the chief determines that:       (1)   the registrant or an agent of the registrant, individually or cumulatively, has been convicted in any court of two violations of this code or any other law concerning the sale or distribution of goods or services, or the distribution of commercial printed matter, within a 12-month period (the fact that a conviction is being appealed has no effect);       (2)   the registrant has given false or misleading information of a material nature or has withheld material information on the application or in any hearing concerning the application or registration;       (3)   the registrant or an agent of the registrant has intentionally or knowingly impeded a lawful inspection by the chief, the chief’s authorized representative, or any representative of another department who has the authority to inspect the registrant and the registrant’s business procedure; or       (4)   a cause for suspension under Section 42-10 occurs and the certificate of registration has been suspended within the preceding 12 months.    (b)   The chief shall send to the registrant by certified mail, return receipt requested, a written statement setting forth the reasons for the revocation and notifying the registrant of the right to appeal.    (c)   If the chief revokes a certificate of registration, the fee already paid for the registration will be forfeited. A person whose certificate of registration has been revoked under this section may not apply for or be issued a new registration for a period of one year after the date the revocation took effect, except that, if the chief determines that the basis for the revocation has been corrected, the person may apply for and be issued a new certificate of registration if at least 90 days have elapsed since the date the revocation took effect. (Ord. 29245, eff. 4-22-14) SEC. 42-12.   APPEALS.    If the chief denies issuance or renewal of a certificate of registration or suspends or revokes a certificate of registration, this action is final unless the applicant or registrant files an appeal with the permit and license appeal board in accordance with Section 2-96 of this code. (Ord. 29245, eff. 4-22-14) ARTICLE III. MISCELLANEOUS REQUIREMENTS FOR HOME SOLICITATIONS. SEC. 42-13.   TIME AND MANNER FOR CONDUCTING HOME SOLICITATIONS.    (a)   A person commits an offense if the person conducts or attempts to conduct (either personally or through an agent) a home solicitation at a residential premises:       (1)   before 9:00 a.m. or after sunset of any day, Monday through Saturday;       (2)   at any time on a Sunday; or       (3)   at any time on New Year’s Day, Martin Luther King, Jr. Day, Presidents’ Day (Washington’s Birthday), Memorial Day, Independence Day (July 4th), Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, or Christmas Day.    (b)   It is a defense to prosecution under Subsection (a) that the visit to the residential premises was the result of a request or an appointment made by the owner or occupant.    (c)   In this section “sunset” means the time of day published on the weather page of the Dallas Morning News as the time for sunset on that day in the city.    (d)   A person shall conduct a home solicitation only at the front or main entrance to the residential premises, and shall only gain access to the front or main entrance by using public sidewalks and paved approaches to the entrance. It is a defense to prosecution under this subsection that the owner or occupant of the residential premises consented to another location or manner of access for the home solicitation.    (e)   A home solicitor commits an offense if he uses any adhesive material, or other material that may cause damage to a door or property, when placing, depositing, or distributing commercial printed matter on residential premises. (Ord. Nos. 14300; 18875; 29245, eff. 4-22-14) SEC. 42-14.   EXHIBITING SIGNS PROHIBITING HOME SOLICITORS.    (a)   Any person desiring to prohibit home solicitations on the person’s residential premises shall exhibit in a conspicuous place upon or near the front or main entrance to the residential premises a weatherproof sign containing the words, “NO SOLICITORS OR HANDBILLS,” or any similar notice indicating that the occupants of the premises do not desire to be bothered, have their right of privacy disturbed, or have commercial printed matter left upon the premises.    (b)   Every home solicitor, before going onto any residential premises, or placing, depositing, or distributing commercial printed matter upon any residential premises, shall first examine the premises to determine if any sign prohibiting home solicitations is exhibited upon or near the front or main entrance to the premises. If such a sign is exhibited, the home solicitor shall immediately depart from the premises without disturbing the owner or occupant or leaving any commercial printed matter. It is a defense to prosecution under this subsection that the visit was the result of a request or an appointment made by the owner or occupant or that the particular commercial printed matter was left on the premises with the express consent of the owner or occupant.    (c)   A person commits an offense if the person, either personally or through an agent, engages in or attempts to engage in a home solicitation at a residential premises if a sign is exhibited on the premises in accordance with Subsection (a). It is a defense to prosecution under this subsection that the visit was the result of a request or an appointment made by the owner or occupant of the residential premises or that the particular commercial printed matter was left on the premises with the express consent of the owner or occupant.    (d)   A person commits an offense if the person removes, defaces, or renders illegible a sign placed by the owner or occupant on residential premises in accordance with Subsection (a) of this section. It is a defense to prosecution under this subsection that the person was the owner or occupant of the premises or an agent of the owner or occupant.    (e)   Any home solicitor who has gained entrance to a residential premises, or an audience with the owner or occupant, whether invited or not, shall immediately depart from the premises without disturbing the owner or occupant further when requested to leave by the owner or occupant. (Ord. Nos. 14300; 29245, eff. 4-22-14) SEC. 42-15.   RECORDS.    (a)   Any registrant who uses an agent to conduct home solicitations in the city shall maintain records containing:       (1)   the names, addresses, and telephone numbers of all persons the registrant contracts with or employs to engage in home solicitations in the city;       (2)   each agent’s date of birth and driver’s license number (with the state of issuance) or, if the agent does not have a driver’s license, the number from another government-issued personal identification card containing the agent’s photograph and date of birth; and       (3)   the dates, times, and locations of each home solicitation conducted by the registrant or the registrant’s agent in the city.    (b)   Records required by Subsection (a) must be maintained by the registrant for at least one year and must be made available for examination by the chief, any police officer, or any city code enforcement officer at reasonable times upon request. (Ord. 29245, eff. 4-22-14) CHAPTER 42A SPECIAL EVENTS; NEIGHBORHOOD MARKETS; DALLAS FARMERS MARKET FARMERS MARKET; STREETLIGHT POLE BANNERS ARTICLE I. GENERAL PROVISIONS. Sec. 42A-1.   Purpose. Sec. 42A-2.   Definitions. Sec. 42A-3.   General authority and duty of director. Sec. 42A-4.   Chapter cumulative. Sec. 42A-5.   Exemptions. Sec. 42A-6.   Fees. Sec. 42A-7.   Indemnification. Sec. 42A-8.   Appeal from denial or revocation of a permit. Sec. 42A-9.   Amplified outdoor sound and lighting. Sec. 42A-10.   High impact areas. Sec. 42A-11.   Clean zone. ARTICLE II. SPECIAL EVENT PERMITS. Sec. 42A-12.   Application; issuance. Sec. 42A-13.   Security; crowd control; and traffic control. Sec. 42A-14.   Emergency medical services. Sec. 42A-15.   Insurance. Sec. 42A-16.   Street closures. Sec. 42A-17.   Parking. Sec. 42A-18.   Notice. Sec. 42A-19.   Portable restroom and trash receptacle requirements. Sec. 42A-20   Denial or revocation. ARTICLE III. NEIGHBORHOOD MARKET. Sec. 42A-21.   Application; issuance. Sec. 42A-22.   Location of a neighborhood market. Sec. 42A-23.      Operation of a neighborhood market. Sec. 42A-24.   Street closures. Sec. 42A-25.   Parking. Sec. 42A-26.   Products at a neighborhood market. Sec. 42A-27.   Vendor's statement. Sec. 42A-28.   Denial or revocation. ARTICLE IV. DALLAS STREET SEATS PROGRAM. Sec. 42A-28.1.   Establishment of rules and regulations. Sec. 42A-28.2.   Application; issuance. Sec. 42A-28.3.   Location, design, and operations. Sec. 42A-28.4.   Public safety review. Sec. 42A-28.5.   Community support and property authorization. Sec. 42A-28.6.   Public notice. Sec. 42A-28.7.   Insurance requirements. Sec. 42A-28.8.   Street seat removal. Sec. 42A-28.9.   Denial or revocation. ARTICLE V. DALLAS FARMERS MARKET FARMERS MARKET. Sec. 42A-29.   Application; issuance. Sec. 42A-30.   Street closures. Sec. 42A-31.   Parking. Sec. 42A-32.      Operations of Dallas Farmers Market farmers market. Sec. 42A-33.   Products at Dallas Farmers Market. Sec. 42A-34.   Denial or revocation. ARTICLE VI. STREETLIGHT POLE BANNERS. Sec. 42A-35.   Application; issuance. Sec. 42A-36.   Permit extension. Sec. 42A-37.   Insurance. Sec. 42A-38.   Streetlight pole banner regulations. Sec. 42A-39.   Denial or revocation. ARTICLE VII. ENFORCEMENT. Sec. 42A-40.   Offenses. Sec. 42A-41.   Penalty. ARTICLE I. GENERAL PROVISIONS. SEC. 42A-1.   PURPOSE.    The purpose of this chapter is to facilitate the promotion of temporary outdoor activities including special events, neighborhood markets, the Dallas Farmers Market farmers market, and streetlight pole banners within the city, as defined in this chapter. The city's overall goal is to encourage activities that benefit the city, stimulate economic growth, and provide a vibrant, active community for all citizens. The city gives priority to established special events. (Ord. Nos. 21934; 31144) SEC. 42A-2.   DEFINITIONS.    In this chapter:       (1)   AMPLIFIED SOUND means any sound projected or transmitted by artificial means, including but not limited to, loudspeakers, amplifiers, powered megaphones, or similar devices.       (2)   APPLICANT means a person who has submitted an application for a permit under this chapter. This term includes the person submitting the application, the secondary person listed on the application, and any person or organization that an applicant applies for a permit on behalf of, as well as any third party providing contracted functions to an activity permitted under this chapter, and the owner or property manager of the property or venue where a permitted activity will occur if a lease or contract has been executed, or will be executed, or if the property owner has provided written approval for the proposed permitted activity, and the property owner or manager is providing services to the event.       (3)   APPLICATION PROCESSING FEE means a non-refundable fee required at the time of application submission.       (4)   CENTRAL BUSINESS DISTRICT means the area bounded by Woodall Rodgers Freeway on the north, Central Expressway and Julius Schepps Freeway on the east, Interstate Highway 30 on the south, and Interstate Highway 35E on the west.       (5)   CITY means the city of Dallas, Texas.       (6)    CITY-SPONSORED ACTIVITY means a temporary outdoor activity that the city council, by resolution, or the city manager, by written notice, has:          (A)   determined to be directly related to a recognized function of city government;          (B)   declared the city a cosponsor of the event; and          (C)   committed the city to significantly sharing in initiating, financing, supporting, and conducting the event.       (7)   CLEAN ZONE means a geographically defined area surrounding a permitted activity footprint or event host venues, where temporary restrictions are enforced related to temporary advertising, signage, structures, transient merchants, vendors, or otherwise licensed activities.       (8)   DALLAS FARMERS MARKET means a permanent, indoor and outdoor market on public and private property where produce, merchandise, food, or other products are distributed, offered for sale, or sold and that is:          (A)   bounded by Marilla Street on the north, northbound Cesar Chavez Boulevard on the east, Interstate Highway 30 on the south, and Harwood Street on the west; and          (B)   described in and subject to a master agreement with the city adopted on February 27, 2013 by Resolution No. 13-0447 and the operating covenants with the city contained in lease and deed documents authorized on March 27, 2013 by Resolution Nos. 13-0535, 13-0536, 13-0537, 13-0538, and 13- 0539, inclusive of future agreements and leases executed between the city and the Dallas Farmers Market and amendments to existing agreements and leases.       (9)   DIRECTOR means the person designated by the city manager to implement, administer, and enforce this chapter, and includes any designated representative of the director.       (10)   DISTRICT IDENTIFICATION BANNER means a long-term banner that identifies a geographic location or place of interest with defined perimeters.       (11)   ESTABLISHED SPECIAL EVENT means an event or activity that:          (A)   occurs at least once a year;          (B)   has an average expected attendance exceeding 1,000 for each day of the event or activity;          (C)   contributes to positive advertising and economic growth of the city; and          (D)   is open to the public, with or without an entry fee.       (12)   EXPECTED TOTAL ATTENDANCE means the estimated attendance at a permitted activity as estimated by the applicant on an application. Expected total attendance includes all event staff, vendors, spectators, participants, and attendees.       (13)   FIRST AMENDMENT ACTIVITY means all expressive personal religious or political beliefs and associative activity on the public right-of-way that is protected by the United States and Texas constitutions, including freedom of speech, freedom of the press, freedom of assembly, and the right to petition.       (13.1)   GUIDEBOOK means the Dallas Street Seats Pilot Program Guidebook, published annually by the director on the office of special events website and containing city requirements and regulations for street seats.       (14)   HIGH IMPACT AREA means an area included on the list published annually in accordance with Section 42A-10.       (15)   MAJOR CHANGE means any change to an application that requires subsequent public safety or departmental review. Examples include, but are not limited to, route changes, location or venue changes, date changes, changes in expected total attendance, adding alcohol distribution, and changes to complex scenes.       (16)   MOVING EVENT means an event that is not confined to a fixed location.       (16.1)   NACTO means the National Association of City Transportation Officials.       (17)   NEIGHBORHOOD MARKET means a temporary outdoor marketplace, outside of the central business district, on private property, or on city property with approval of the department controlling the property, where produce, merchandise, food, or other products are distributed, offered for sale, or sold directly to consumers by the persons that have raised, grown, made, crafted, processed, or produced the products.       (18)   PERMIT means an official document authorizing the activation of an approved activity granted by the director as required under this chapter.       (19)   PERMIT HOLDER means a person issued a permit under this chapter. This term includes the applicant and any person or organization on behalf of which an applicant applies for a permit on behalf of, as well as the owner or manager of property where a permitted activity will occur.       (20)   PERSON means an individual, firm, partnership, corporation, association, or other legal entity.       (21)   PRELIMINARY LETTER means a document sent by the director to the applicant outlining all requirements that must be met prior to permit issuance.       (21.1)   PRIVATE STREET SEAT means a street seat that is permitted within the public rights-of-way for use by an establishment with an abutting property interest as an extension of its business capacity.       (21.2)   PUBLIC STREET SEAT means a street seat that is open to the public and is permitted to a non-abutting person, property owner, or business operator with consent of abutting owners.       (22)   SPECIAL EVENT means a temporary outdoor gathering, with an expected total attendance greater than 100, which involves one or more of the following on private or public property where otherwise prohibited by ordinance:          (A)   closing or restricting of a public street lane, alley, or sidewalk;          (B)   restricting access to public property;          (C)   sale of merchandise, food, alcohol, or other beverages where otherwise not permitted as a neighborhood market or by an annual Dallas Farmers Market farmers market permit;          (D)   erection of a tent larger than 399 square feet in area or erection of multiple tents with a cumulative area of over 399 square feet;          (E)   installation of a temporary stage, bandshell, outdoor projection technology, trailer, van, grandstand, bleachers, or portable toilets for public use;          (F)   use of city hall plaza;          (G)   a run, walk, ride, or special event parade;          (H)   placement of temporary no parking, directional, oversized, or identification signs or banners in connection with an event that are placed in or over a public right-of-way, or on private property where otherwise prohibited by ordinance; or          (I)   clean zone enforcement.       (23)   SPECIAL EVENT PARADE means the assembly of 100 or more persons whose gathering is for the common design of traveling or marching in procession from one location to another location for the purpose of advertising, promoting, celebrating, or commemorating a thing, person, date, or event that is not directly related to the expression of feelings and beliefs on current political, religious, or social issues.       (24)   STREET CLOSURE means any lane or street closure that impacts or disrupts the flow of traffic, unless the closure is intermittent.       (24.1)    STREET SEATS PROGRAM means the city council approved pilot program using one of the city's pre-approved plans to transition no more than two unobstructed street parking spaces into a small useable area by installing a safe perimeter and a platform that extends the sidewalk into the abutting rights-of-way and is accompanied by amenities like benches, tables, bicycle parking, and planters. All street seats in the pilot program are managed and maintained by the permit holder.       (25)   STREETLIGHT POLE BANNER means a temporary sign suspended between brackets and attached to utility or streetlight poles in city right-of-way, designed for an approved activity, an historical or commemorative event within the city, or identification of a public improvement district.       (25.1)   TEMPORARY PARKLET PROGRAM means the program approved by the Dallas City Council in response to the impacts of COVID-19 to permit the activation of adjacent parking spaces or sidewalks for use as additional seating or service areas in an effort to assist local businesses with their economic recovery.       (26)   TENT means any structure, enclosure, or shelter constructed of fabric or other pliable material supported by any manner except by air or the contents protected by the material.       (27)   TRAFFIC CONTROL PLAN means a plan designed for the purpose of safely and efficiently managing traffic or arranging for DART detours associated with an activity permitted under this chapter.       (28)   UNOBSTRUCTED STREET PARKING means a dedicated parking spot without time restrictions. (Ord. Nos. 18702; 19869; 21934; 29016; 31144; 31557; 31708) SEC. 42A-3.   GENERAL AUTHORITY AND DUTY OF DIRECTOR.    (a)   The director shall implement, administer, and enforce the provisions of this chapter.    (b)   The director has authority to issue a permit that authorizes one or more of the activities described in this chapter when requirements of this chapter have been met.    (c)   The director, police chief, and fire chief may require public safety measures that exceed the minimum standards set forth in this chapter based on specific event risk and threat factors identified by the appropriate city departments.    (d)   The director may impose additional permit requirements upon the applicant or permit holder for any activity as required in this chapter if the total attendance is expected to exceed the applicant's expected total attendance, if the activity is held in a high impact area, or there will be an impact to residents and businesses.    (e)   The director may decline or propose alternate dates, times, street closures, venues, or routes, or impose additional requirements upon a permit holder based on public safety or impact on local residents and businesses. (Ord. Nos. 18702; 21934; 29016; 31144) SEC. 42A-4.   CHAPTER CUMULATIVE.    (a)   The provisions of this chapter are cumulative of all city ordinances. Except as provided in Subsection (c), all other permits and licenses required by ordinance or other law for specific activities to be conducted in conjunction with or as part of the activities permitted under this chapter must be applied for separately, in accordance with the applicable ordinance or law.    (b)   Application for a permit under this chapter authorizes appropriate city departments to issue permits for the activities authorized by this chapter with office of special events approval.    (c)   A license for the use of the public right- of-way required by Article VI of Chapter 43 of this code, and any fees applicable to obtaining the license, is not required for a special event, neighborhood market, or Dallas Farmers Market farmers market conducted in compliance with this chapter and the terms of a valid permit issued under this chapter. (Ord. Nos. 18702; 21934; 29016; 31144) SEC. 42A-5.   EXEMPTIONS.    The provisions of this chapter do not apply to:       (1)   a special event conducted entirely on:          (A)   property under the control of the park and recreation board;          (B)   the "convention center" as defined in Section 43-127 of this code; or          (C)   public property managed by an organization with a lease or operating agreement with the city that details special event permit exemptions.       (2)   a funeral procession;       (3)   First Amendment activities, except that a special event permit must be secured for any activity that triggers a special event permit as detailed in Section 42A-2(22) of this chapter that is activated in conjunction with the First Amendment activity. All applicable fees will apply;       (4)   a neighborhood block party that is conducted on a single block and is expected to have fewer than 200 attendees;       (5)   escort vehicles;       (6)   moving a structure in accordance with the Dallas Building Code; or       (7)   the regular indoor permanent daily operations of the Dallas Farmers Market. (Ord. Nos. 18702; 19869; 21934; 26136; 28046; 29016; 31144) SEC. 42A-6.   FEES.    (a)   Special event permit. An applicant for a special event permit shall pay the following application processing fees: Special Event Application Processing Fees* Special Event Application Processing Fees* Base Application Fee Based On Expected Total Attendance <200 $50 201 - 400 $80 401 - 800 $100 801 - 1000 $150 1,001 - 2,000 $200 2,001 - 4,000 $300 4,001 - 8,000 $400 8,001 - 12,000 $500 12,001 - 20,000 $600 20,001+ $700 In addition, select the applicable street closure fee: No Street Closure - An event with no street closures. $0 Static Street Closure Event (Simple) - An event with a set footprint that is limited to one block on residential/neighborhood streets and does not $50 involve the closure of any intersections. Static Street Closure Event (Moderate) - An event with a set footprint $100 that includes the closure of one to three street blocks or intersections. Static Street Closure Event (Complex) - An event with a set footprint that includes the closure of four or more street blocks or intersections, or $200 any closure in a high impact area. Moving Event (Simple) - A moving event that is limited to trails and $75 residential or neighborhood streets. Moving Event (Moderate) - A moving event on city streets other than $150 residential/neighborhood streets and outside of a high impact area. Moving Event (Complex) - A moving event of which any part moves through a $300 high impact area.   * No application processing fees for a special event that is open to the public and being conducted at the Dallas Farmers Market as produced by the Dallas Farmers Market in compliance with the market's agreements and covenants with the city. An application under the temporary parklet program must pay a one- time base application fee of $50 based on an application with an expected total attendance of less than 200.    (b)   Neighborhood market. An applicant for a neighborhood market permit shall pay the following application processing fees:   NEIGHBORHOOD MARKET ANNUAL APPLICATION PROCESSING FEES Base Application Fee $100 Per every 10 vendors $25 Street Closure Fee - Simple (1 block, no intersections) $50      (c)   Street seats. An applicant for a street seats permit shall pay the following application processing fees:   STREET SEATS PERMIT PROCESSING FEES Base Application Fee : Phase I Permit (construction approved) $500 Phase II Permit (occupancy approved) $500      (d)   Streetlight pole banners. An applicant for a streetlight pole banner shall pay the following application processing fees:   STREET POLE BANNER APPLICATION PROCESSING FEES Base Application Fee $100 Per Pole Fee $20 Permitted event - First 5 poles at no charge, additional poles will be invoiced at full price (banners must be 5 poles at no charge related to permitted event). District Identification Banners - District identification banners do not include short-term event banners designed No charge to promote events, festivals, major sporting events, or tourism programs with specific dates or time periods.      Streetlight Pole Banners    (e)   Dallas Farmers Market. An applicant for a Dallas Farmers Market farmers market permit shall pay an annual application processing fee of $400.    (f)   Additional application processing fees for all permit types.       (1)   A late application processing fee of $40 per day is required, in addition to the applicable application processing fees required by Subsections (a), (b), (c), (d), (e), and (f) of this section, if the application is filed with the director less than the minimum number calendar days required by Sections 42A-12, 42A-21, 42A-28.2, 42A-29, or 42A-35 before the scheduled activity is to begin. This fee is limited to five days.       (2)   An application processing fee of $50 per minor change to an application requested by the applicant.       (3)   An application processing fee of $5,000 for a full or half street closure of the Margaret Hunt Hill Bridge for a period of 24 hours or less.       (4)   An application processing fee of $2,000 for a partial lane closure of the Margaret Hunt Hill Bridge for a period of 24 hours or less.       (5)   An application processing fee of $500 for a clean zone.       (6)   An application processing fee of $50 if alcohol will be provided at a permitted activity.       (7)   An application processing fee of $150 if alcohol will be sold at a permitted activity.    (g)   Additional city department related fees when applicable.       (1)   A fee of $1,500 for the required activation of the office of emergency management for a planned permitted activity where the expected attendance is 30,000 or more.       (2)   A parking meter hooding or removal fee, computed in accordance with Section 28-114.12 of this code, for each parking meter required by the applicant to be hooded or removed for a planned permitted activity.       (3)   A rental fee for city equipment and property used by the applicant for a planned permitted activity.       (4)   A fee for the number of Dallas police officers, Dallas fire-rescue officers, or vehicles required by Sections 42A-13 and 42A-14 to provide security, crowd control, and traffic control at a permitted activity.       (5)   A fee to reimburse the city for direct costs incurred by the city in providing services at a permitted activity; direct costs include, but are not limited to, the reasonable costs of setup, cleanup, public safety, oversight of city facilities and equipment, electrical services, construction, placement and retrieval of city equipment, and other related services beyond what the city would provide to the general public in the ordinary course of its daily operations.       (6)   Fee for all other required permits and licenses must be paid.    (h)   Non-profit applicants. The base application fee for all application types will be reduced by 50 percent for a certified 501(c)(3) non-profit applicant.    (i)   List of charges. A current list of charges for the items, services, and personnel described in Subsections (g)(3), (4), and (5) and in Subsection (k), and for any other items, services, or personnel that may be required under this chapter, must be maintained by the director and published annually to the office of special events website. The chiefs of the police department and fire- rescue department shall provide to the director the current schedule of charges for the personnel and vehicles described in Subsection (g)(5).    (j)   Security deposit. Not less than 10 days before the date of the planned permitted activity, the applicant shall deposit with the appropriate city department an amount equal to a security deposit for any city equipment or property rented under Subsection (g)(3), to be refunded to the applicant if the equipment or property is returned undamaged to the city.    (k)   Police and fire-rescue fees. The applicant shall pay any remaining fees owed for all public safety expenses incurred by a special event, neighborhood market, street seats, or Dallas Farmers Market farmers market within 15 business days after receipt of an invoice from the city.    (l)   Waiver. All or part of the application processing fees required by this section to be paid to the city for a city-sponsored activity may be waived by approval of the city manager or by city council resolution.    (m)   Fee credit. If an application or permit is cancelled due to an Act of God and the permitted activity is rescheduled for an available date within 60 days from the original event date, any previously paid application processing fees will be credited toward the rescheduled date. (Ord. Nos. 21934; 31144; 31557; 31708) SEC. 42A-7.   INDEMNIFICATION.    An applicant for a permit issued under this chapter shall execute an agreement to indemnify the city and its officers and employees against all claims of injury or damage to persons or property, whether public or private, arising out of the permitted activity. (Ord. 31144) SEC. 42A-8.   APPEAL FROM DENIAL OR REVOCATION OF A PERMIT.    (a)   If the director denies the issuance of a permit or revokes a permit, after three attempts to contact by phone or email, the director shall send the applicant or permit holder by certified mail, return receipt requested, written notice of the denial or revocation and of the right of appeal. Mailed notice shall be deemed received and effective three days after the date of mailing whether the notice was actually received or not or whether the notice was returned unclaimed or undeliverable.    (b)   The applicant or permit holder may appeal the decision of the director to the permit and license appeal board in accordance with Section 2-96 of this code. (Ord. 31144) SEC. 42A-9.   AMPLIFIED OUTDOOR SOUND AND LIGHTING.    (a)   Except as provided in this section, amplified outdoor sound and lighting is allowed in conjunction with a permit issued under this chapter only between the hours of 8:00 a.m. and 10:00 p.m.    (b)   The director may grant a variance to Subsection (a) if he determines that allowing outdoor amplified sound or lighting during additional hours will not result in an excessive negative impact on the quality of life of surrounding residences and businesses. (Ord. 31144) SEC. 42A-10.   HIGH IMPACT AREAS.    (a)   The director shall publish a list of high impact areas on the office of special events website annually.    (b)   A committee shall meet at least once annually to determine the list of high impact areas. The committee must be comprised of the office of special events and representatives of at least five city departments and partner agencies.    (c)   The committee shall consider the following factors in determining which areas to designate as high impact areas:       (1)   Construction in the area.       (2)   Complaints received by the director.       (3)   Input from citizens.       (4)   Historical event and location knowledge of committee members. (Ord. 31144) SEC. 42A-11.   CLEAN ZONE.    (a)   The operational restrictions within a clean zone are imposed to negate the impact of a planned permitted activity on neighboring businesses and residents and to protect the integrity of the host and sponsors of the permitted activity. A clean zone does not affect any existing operations, signage, or permitted activity associated with a business's typical operations.    (b)   The director may designate the duration and geographic boundaries of a clean zone following consultation with the chief of police and all applicable departments.    (c)   The boundaries of a clean zone, as well as any requirements and restrictions for the clean zone, must be in writing and included in the terms of the permit.    (d)   If a clean zone is approved, the applicant shall deliver notice a minimum of seven days before the permitted activity begins, at the applicant's expense, to all registered homeowners' associations, religious institutions, schools, and owners or occupants of real property within the boundaries of the area of the clean zone. Notice must include, but not be limited to, the location, boundaries, effective dates and times, and the requirements and restrictions of the clean zone. Complete documentation of this effort must be submitted to the director and approved prior to permit issuance. (Ord. 31144) ARTICLE II. SPECIAL EVENT PERMITS. SEC. 42A-12.   APPLICATION; ISSUANCE.    (a)   A person desiring to hold a special event shall submit an online application with the office of special events. An application must be filed not less than the number of calendar days indicated in the following table before the special event is to begin. The director may waive the filing requirement if the application is submitted within five days of the submission due deadline and the application can be processed in less than the number of calendar days indicated on the chart, taking into consideration the number and types of additional licenses and permits that may be required to be issued in conjunction with the special event permit and the extent of public safety, department, or agency review required based on the scope of the event.      APPLICATION SUBMISSION DUE DEADLINES No Street Closures 30 calendar days Static Street Closures 60 calendar days Moving Events 120 calendar days      (b)   An application must be completed in full before it can be invoiced. An application will not be processed, and the date and venue will not be confirmed until the application processing fee has been paid. Submission of a complete application does not guarantee a special event permit will be issued. All requirements must be met prior to permit issuance.    (c)   Upon receipt of the completed application, the director shall forward a copy of the application to all applicable city departments and partner agencies for review. If the application must be reviewed for public safety, public safety agencies will review the application first, followed by a review by city departments and partner agencies. If any part of the scheduled activity is to be held on or adjacent to property that is exempt from this chapter under Section 42A-5, the director shall also include the entity that manages or controls the exempt property in the review of the application. Each department and partner agency shall review the application and return it, with any comments, to the director within 10 business days of receipt of the request requiring a response. If no response is received, the director may proceed with permitting, however, if an application requires a public safety review, the director must wait for the public safety review response before proceeding. If any department denies the application, or a resolution cannot be reached, the permit will be denied.    (d)   If the proposed scheduled activity will be held on private property and the applicant does not own the property, the applicant shall obtain the written consent of the property owner to conduct the scheduled activity on the property with the authorization including the date and time of the scheduled activity. The written consent must be submitted at the time of application. The applicant shall present the written consent to the director or any peace officer upon request.    (e)   The director may cancel a special event permit application if:       (1)   a special event permit has been granted or is in the review process for another special event at the same or a nearby place and the same time;       (2)   an established special event is customarily held at the same or a nearby place and the same time as the proposed special event;       (3)   the proposed special event will occupy any part of a freeway, expressway, or tollway;       (4)   the proposed special event will unreasonably disrupt the orderly flow of traffic, and no reasonable means of rerouting traffic or otherwise meeting traffic needs is available;       (5)   the proposed special event cannot comply with high impact area parameters;       (6)   the applicant makes a false statement of material fact on an application for a special event permit or fails to properly complete an application for a special event permit;       (7)   the applicant received within the preceding 14 months, two or more notices of violation or citations related to a provision of a special event permit or this chapter;       (8)   the applicant has conducted or sponsored one or more special events within the city on at least 60 days of the same calendar year during which the proposed special event is to be held; or       (9)   the applicant has a history of conducting or sponsoring special events in a disorderly, unsafe, unsanitary, or fiscally irresponsible manner.    (f)   If the director determines that an application requires additional information in order to make a decision, or if additional fees will be required to process the application, the application will be considered incomplete and cancelled if the applicant does not supply the additional information or fees after the director has sent two reminder emails and made one reminder phone call after a period of 10 calendar days without a response from the applicant.    (g)   If the director determines that an applicant has failed to pay any outstanding fees assessed under Section 42A-6 of this chapter for the proposed scheduled activity or a past scheduled activity, the application will be deemed incomplete and the application will be cancelled. An application that has been cancelled under this subsection cannot be re-filed for 12 months.    (h)   If the applicant makes major changes to the original submission of an application, after the five- month courtesy review, this will result in the original permit application being deemed incomplete and cancelled. A revised permit application will be required, along with new application processing fees if the applicant wishes to pursue the application.    (i)   An application that has been cancelled because it is incomplete cannot be appealed under Section 42A-8 and all application processing fees are forfeited.    (j)   After reviewing and confirming all permit requirements have been met, the director shall issue the special event permit unless denial or revocation is required by Section 42A-20. Except as provided in this subsection, a special event permit will be issued for a period not to exceed 10 consecutive days. A special event permit for a city-sponsored event on city hall plaza will be issued for a period not to exceed 30 consecutive days. Except as provided in this subsection, a special event permit may be extended for additional consecutive 10-day periods not to exceed 60 days in a calendar year. Except as provided in this subsection, all applicable fees must be paid for any permit extensions. A special event permit issued under the temporary parklet program may be extended for additional consecutive 10-day periods until February 28, 2022. No fees are required for extension of a special event permit issued under the temporary parklet program.    (k)   In granting a permit, the city may provide city services and equipment for city-sponsored activities and other events in accordance with the city's special event in-kind sponsorship guidelines and subject to approval of the city manager.    (l)   Special event permits issued under the temporary parklet program may not be extended beyond February 28, 2022. (Ord. Nos. 18702; 19312; 19869; 20612; 21934; 22026; 23694; 24554; 26136; 27697; 28126; 28424; 30239; 30654; 31144; 31557; 31708; 31841; 32017) SEC. 42A-13.   SECURITY; CROWD CONTROL; AND TRAFFIC CONTROL.    (a)   An applicant for a special event permit shall provide police officers for security, crowd control, and traffic control at the special event in accordance with Subsection (b) and the following schedule:   Number of Participants and Spectators Minimum Number of Police Officers at Special Event Required* 0 to 250 0 or 2 251 to 1,500 2 - 4 1,501 to 3,000 4 - 6 3,001 to 5,000 6 - 15 15 plus 1 police officer for every 1,000 over 5,000 participants and spectators over 5,000 at the special event   * The minimum number of officers in the above table may vary depending on the scope of the event, the sale or service of alcohol, on-stage talent, event geography, historical knowledge of the event, police intelligence, and any other factor that is determined to impact public safety.    (b)   The director, upon recommendation from the chief of the Dallas police department, may require a number of police officers, in addition to those required in Subsection (a), if:       (1)   any alcoholic beverage is sold, served, or otherwise made available at the special event;       (2)   special needs for increased security, crowd control, or traffic control are created by:          (A)   the topography or size of the special event location;          (B)    weather conditions at the special event; or          (C)   the time of day during which the special event is conducted;       (3)   the special event requires street closures or rerouting of vehicular or pedestrian traffic; or       (4)   the history of the particular special event indicates that a greater number of police officers are required to protect the public health, safety, and welfare.    (c)   The police officers required to be provided at a special event by this section must be sworn members of the Dallas police department, except that the chief of the Dallas police department may authorize a special event applicant or permit holder to provide peace officers from other jurisdictions or entities if the chief determines that an insufficient number of Dallas police officers will be available for a particular special event. Off-duty jobs for Dallas police officers at a special event must comply with the Dallas Police Department General Orders and Code of Conduct.    (d)   A permit holder must provide the name, phone number, and email address of an individual who will be available following submission of an application through the end of the event, as well as at the special event site the day of the special event, to respond to any questions or concerns from police officers or code compliance officers. This individual shall meet police officers or code enforcement officers at the special event site within one hour of being contacted by telephone or email.    (e)   If the police department requires a traffic control plan in conjunction with a special event, the plan must be submitted in the standard format approved by the director.    (f)   A traffic control plan required by Subsection (e) must receive approval from applicable city departments. (Ord. 31144) SEC. 42A-14.   EMERGENCY MEDICAL SERVICES.    (a)   An applicant for a special event permit shall provide, in accordance with Subsection (b) and the following schedule, emergency medical personnel and emergency medical vehicles to perform first aid and emergency medical services at the special event as required in the preliminary letter:   NUMBER OF EMERGENCY MEDICAL PERSONNEL/VEHICLES REQUIRED (based on estimated total attendance and scope of the special event) Type of Emergency 1 - 100 101 - 3,000 3,001 - 5,000 5,001 - Over 25,000 Medical participants/ participants/ participants/ 25,000 participants/ Personnel spectators spectators spectators participants/ spectators or Vehicle spectators Required Paramedics 0 2 6 8 14 EMS 0 1 1 3 5 Supervisors Emergency Medical 0 1 1 4 7 Vehicles   The fire chief may determine, based on the event scope, special needs, or risks, that emergency medical services will be provided via the 911 emergency response system.    (b)   The director, upon recommendation of the chief of the Dallas fire- rescue department, may require a number of emergency medical personnel and emergency medical vehicles, in addition to those required in Subsection (a), if:       (1)   any alcoholic beverage is sold, served, or otherwise made available at the special event;       (2)   special needs for increased emergency medical services are created by:          (A)   the topography or size of the special event location;          (B)   weather conditions at the special event; or          (C)   the time of day during which the special event is conducted;       (3)   the special event requires street closures or rerouting of vehicular or pedestrian traffic that may affect emergency access to the special event;       (4)   the special event involves specific activities that create a higher risk of illness or injury to persons participating in or attending the event, including but not limited to rodeos, sporting or athletic events, events involving motor vehicles, or marathons; or       (5)   the history of the particular special event indicates that a greater number of emergency medical personnel or emergency medical vehicles are required to protect the public health, safety, and welfare.    (c)   The emergency medical personnel required to be provided at a special event by this section must be sworn members of the Dallas fire-rescue department, except that the chief of the Dallas fire-rescue department may authorize a special event applicant or permit holder to provide emergency medical personnel from other jurisdictions or entities if the chief determines that an insufficient number of Dallas fire-rescue officers will be available for a particular special event. Off-duty jobs for Dallas fire-rescue officers at a special event must comply with the Dallas Fire-Rescue Rules and Regulations. (Ord. 31144) SEC. 42A-15.   INSURANCE.    (a)   An applicant for a permit to hold a special event in which the estimated number of participants and spectators exceeds 2,500 for any day of the event shall procure and keep in full force and effect for the duration of the event insurance written by an insurance company approved by the State of Texas and acceptable to the city and issued in the standard form approved by the Texas Department of Insurance. All provisions of each policy must be acceptable to the city. Each policy must name the city and its officers, employees, and appointed representatives as additional insureds. The coverage provisions of each policy must provide coverage for any loss or damage that may arise to any person or property by reason of the conduct of the special event by the applicant.    (b)   Insurance is required in the following types and amounts:       (1)   Commercial general liability insurance must be provided with combined single limits of liability for bodily injury and property damage of not less than:          (A)   $500,000 for each occurrence, for an estimated daily number of participants and spectators of 2,501 to 4,999; or          (B)   $1,000,000 for each occurrence, for an estimated daily number of participants and spectators of 5,000 or more.       (2)   If a special event includes vehicles, aircraft, or other equipment, devices, or activities that are excluded from coverage in the commercial general liability insurance policy required in Paragraph (1) of this subsection, then separate additional liability insurance coverage for the applicable exclusion must be provided by the applicant or the aircraft provider with combined single limits of liability for bodily injury and property damage of not less than:          (A)   $500,000 for each occurrence, for an estimated daily number of participants and spectators of 2,501 to 4,999; or          (B)   $1,000,000 for each occurrence, for an estimated daily number of participants and spectators of 5,000 or more.       (3)   If any alcoholic beverage is sold, served, or otherwise made available at the special event, then separate additional liquor liability insurance must be provided by the alcoholic beverage license holder in an amount of not less than $1,000,000 for each claim.       (4)   If any fireworks, pyrotechnics, explosives, or other special effects are displayed at the special event, then separate additional general liability insurance must be provided by the pyrotechnics company in an amount of not less than $3,000,000 for each claim.       (5)   If security guards (other than Dallas police officers or city staff) are used at the special event, then separate additional security guard liability insurance must be provided by the security guard company in an amount of not less than $1,000,000 for each claim.       (6)   If emergency response or first aid stations (other than stations staffed by only Dallas fire-rescue officers or city staff) are provided at the special event, then separate additional medical liability insurance must be provided by the applicant in an amount of not less than $1,000,000 for each claim, and if ambulance service (other than service provided by Dallas fire- rescue officers and vehicles) is provided, then separate additional automobile liability insurance must be provided by the emergency response or ambulance provider in an amount of not less than $1,000,000 combined single limit for each claim.       (7)   If amusement rides are provided at the special event, proof of separate additional general liability insurance meeting the state liability and coverage requirements for each particular ride must be provided by the applicant or the amusement ride provider, along with a current certificate of inspection for each ride.       (8)   If animals are part of the special event, then separate additional general liability insurance covering any bodily injury and property damage caused by animals must be provided by the applicant or the animal provider in an amount of not less than $500,000 for each claim.       (9)   If the special event is conducted at a city-owned facility, general liability insurance must be provided by the applicant in an amount of not less than $500,000 for each claim.    (c)   In addition to the insurance requirements of Subsection (b) of this section, the director may require additional insurance for a special event if such additional insurance is recommended by the city's risk manager as being necessary for the protection of the city or the public health, safety, and welfare.    (d)   If a facility or other property owned or managed by the city is subject to both the insurance requirements of this chapter and insurance requirements established by another city ordinance, an official city action, a city lease or use agreement, or other applicable law, then the insurance requirements with the greater limits and coverages must be met to conduct the special event at the facility or property.    (e)   An original certificate of insurance completed by an authorized agent of the insurance company and evidencing each insurance coverage required under this section must be delivered to the director at least 15 days before the special event begins.    (f)   A special event permit will not be issued until the insurance requirements have been verified by the city's third-party provider. (Ord. 31144) SEC. 42A-16.   STREET CLOSURES.    (a)   Street closures require approval from applicable partner agencies and city departments.    (b)   A permit holder must provide notice of street closures in accordance with Section 42A-18.    (c)   The police department may require a traffic control plan at the expense of the applicant. If a traffic control plan is required, it must follow the standard format approved by the director and be approved by the city prior to permit issuance.    (d)   All traffic apparatus required to fulfil a traffic control plan must be acquired at the applicant's expense.    (e)   The director may require accommodations if a proposed street closure will restrict access to public or private parking, residences, businesses, or places of worship. (Ord. 31144) SEC. 42A-17.   PARKING.    (a)   A complete parking plan must be submitted with each special event application. The director may waive this requirement for special events with an expected total attendance of less than 250.    (b)   The parking plan must demonstrate that adequate parking will be available to accommodate the expected total attendance.    (c)   The parking plan must be approved prior to the issuance of a special event permit.    (d)   Meter hooding and no parking zones in connection with a special event must be limited to the shortest time feasible. "No parking" signs must be posted a minimum of 24 hours in advance of the special event and follow a standard format approved by the director.    (e)   When the main use of the property is open for business and the designated parking is to be activated as part of the event space, the applicant must demonstrate that provisions have been made to provide remote parking in an amount that is adequate to replace the parking spaces being utilized as part of the event space.    (f)   When activating an event in a multi-tenant parking lot, and when the tenants are open for business, not more than 25 percent of the total area of the shared available parking may be activated for the permitted activity.    (g)   When restricting public or private parking, including handicapped accessible parking, the applicant must provide adequate alternate parking. (Ord. 31144) SEC. 42A-18.   NOTICE.    (a)   An applicant for a permit under this chapter shall deliver notice at the applicant's expense. The director will determine the most appropriate method of notification according to the following table: NOTIFICATION REQUIREMENTS COMMUNICATION TYPES NO STREET CLOSURE STATIC CLOSURE EVENTS MOVING EVENTS NOTIFICATION REQUIREMENTS COMMUNICATION NO STREET STATIC CLOSURE EVENTS MOVING EVENTS TYPES CLOSURE Notifications are NOT required for outdoor events with an expected X Simple Moderate Complex Simple Moderate Complex attendance of 250 or fewer people and with no street/lane closures. Neighborhood/ Residential based events: notify all owners and occupants of real property abutting the event area and all those impacted by the event a minimum of 15 days prior to the event date utilizing a minimum of two of the following communication X X X X X X methods: email distribution; electronic notification through web app. e.g. NextDoor; yard signs along the event footprint; posting in a neighborhood association/PTA/ PTO newsletter and/or social media page; hand delivered; or mailed. Deliver written notice to all owners and occupants of real property abutting the event area and all those X X impacted by the event a minimum of 30 days prior to the event date (mail, hand delivered, or door hanger). Deliver written notice to all owners and occupants of real property abutting the event area and all those impacted by the X X X X X X event a minimum of 15 days prior to the event date (mail, hand delivered, or door hanger). Zone specific communication pieces apply. Direct communication and notification is required via in-person or phone and a follow-up email to all major employers; multi-family X X X X X housing; places of worship; and neighborhood associations abutting the event area and all those impacted by the event. Contact Waze, Google etc. to request street X X X closures be posted. Council members are encouraged to post district X X X X X X X specific event details to social media. Council members are encouraged to distribute district specific street X X X X X X closure details to stakeholders from OSE weekly report. Develop targeted (zone specific) communication. Utilize digital neighborhood based platforms and available X X X databases to communicate street closures specific to neighborhoods and business zones impacted. Develop targeted (zone specific) communication. Provide OSE a final communication piece to distribute to X X X X community stakeholders through the City Council Office and OSE (available database). OSE to create and distribute a X X Traffic Advisory. OSE to create and distribute a City Hall Announcement for all City Hall X X X Plaza permitted events and all events that impact city hall garage access. OSE to post event to web calendar with hyperlink to event website X X X X X X X for maps, street closures, rerouting information etc. Provide communication piece to be distributed by X X X X X X OSE through OSE email database (to be developed).   The director will determine the specific notification requirements based on a variety of factors including but not limited to: event size, dates, times, footprint, anticipated impact, and historical knowledge of the event.    (b)   Notice must include any information that is required to be provided in the template approved by the director prior to distribution. (Ord. Nos. 18702; 19869; 21934; 31144) SEC. 42A-19.   PORTABLE RESTROOM AND TRASH RECEPTACLE REQUIREMENTS.    (a)   An applicant for a special event permit shall provide portable restrooms and trash receptacles at the special event in accordance with Subsection (b) and the following table: MINIMUM NUMBER OF RESTROOM UNITS AND TRASH RECEPTACLES REQUIRED EXPECTED ATTENDANCE HOURS OF EVENT 1 2 3 4 5 6 7 8 9 10 MINIMUM NUMBER OF RESTROOM UNITS AND TRASH RECEPTACLES REQUIRED EXPECTED ATTENDANCE HOURS OF EVENT 1 2 3 4 5 6 7 8 9 10 500 - 599 2 4 4 5 6 7 9 9 10 12 600 - 699 2 4 5 6 7 7 9 10 11 12 700 - 799 3 5 6 6 7 8 10 10 11 12 800 - 899 3 5 6 7 8 8 10 11 12 13 900 - 999 4 6 7 7 8 9 11 11 12 13 1,000 - 1,999 4 6 8 8 9 9 11 12 13 13 2,000 - 2,999 5 6 9 12 14 16 18 20 23 25 3,000 - 3,999 6 9 12 16 20 24 26 30 34 38 4,000 - 4,999 8 13 16 22 25 30 35 40 45 50 5,000 - 5,999 12 15 20 25 31 38 44 50 56 63 6,000 - 6,999 13 17 24 30 37 45 53 60 67 75 7,000 - 7,999 13 19 27 35 44 53 62 70 79 88 8,000 - 8,999 14 21 31 40 50 60 70 80 90 100 9,000 - 9,999 14 23 34 45 57 68 79 90 102 113 10,000 - 14,999 15 25 38 50 63 75 88 100 113 125 15,000 - 19,999 20 38 56 75 94 113 131 150 169 188 20,000 - 24,999 25 50 75 100 125 150 175 200 225 250 25,000 - 29,999 38 69 99 130 160 191 221 252 282 313 30,000 - 34,999 46 82 119 156 192 229 266 302 339 376 35,000 - 39,999 53 96 139 181 224 267 310 352 395 438 40,000 - 44,999 61 109 158 207 256 305 354 403 452 501 45,000 - 49,999 68 123 178 233 288 343 398 453 508 563 50,000 - 54,999 76 137 198 259 320 381 442 503 564 626 55,000 - 59,999 83 150 217 285 352 419 486 554 621 688 60,000 - 64,999 91 164 237 311 384 457 531 604 677 751 65,000 - 69,999 98 177 257 336 416 495 575 654 734 813 70,000 - 74,999 106 191 277 362 448 533 619 704 790 876 75,000 - 79,999 113 205 296 388 480 571 663 755 846 938 80,000 - 84,999 121 218 316 414 512 609 707 805 903 1001 85,000 - 89,999 128 232 336 440 544 647 751 855 959 1063 90,000 -94,999 136 246 356 466 576 686 796 906 1016 1126 95,000 - 99,999 143 259 375 491 607 724 840 956 1072 1188 100,000 or more 151 273 395 517 639 762 884 1006 1128 1251      (b)   The director may require additional restroom units if:       (1)   the estimated number of participants and spectators exceeds 100,000 during any day of the special event;       (2)   the estimated duration of the special event exceeds 10 hours on any day of the event;       (3)   any alcoholic beverage is sold, served, or otherwise made available at the special event; or       (4)   the history of the particular special event indicates that a greater number of portable restroom units are required for the public health, safety, and welfare.    (c)   At least five percent of the portable restrooms required by this section must comply with the Americans With Disabilities Act of 1990, 42 U.S.C. Section 12101, et seq.    (d)   The director may reduce restroom requirements with written confirmation that restrooms will be serviced during the permitted event. (Ord. Nos. 26136; 31144) SEC. 42A-20.   DENIAL OR REVOCATION.    (a)   The director shall deny a special event permit if:       (1)   the applicant fails to meet any of the requirements outlined and defined in the preliminary letter;       (2)   the applicant fails to provide proof that the applicant possesses or is able to obtain a license or permit required by another city ordinance or other applicable law for the conduct of all activities included as part of the special event;       (3)   the applicant has had a special event permit revoked within the preceding 14 months;       (4)   the applicant has received, within the preceding 14 months, two or more notices of violation or citations related to a provision of a special event permit or this chapter;       (5)   the chief of the police department, the chief of the fire-rescue department, or the director determines that the special event would pose a serious threat to the public health, safety, or welfare;       (6)   the applicant or any other person responsible for the conduct or sponsorship of the special event is overdue in payment to the city of taxes, fees, fines, or penalties assessed against or imposed upon the applicant or other person;       (7)   the applicant has a history of conducting or sponsoring special events in a disorderly, unsafe, unsanitary, or fiscally irresponsible manner;       (8)   the director is notified of any code violation on the property where the special event will be held; or       (9)   an event will interfere with the rights of nearby residents to the quiet, peaceable, and undisturbed enjoyment of their property.    (b)    The director shall revoke a special event permit if:       (1)   the applicant fails to comply with or the special event is in violation of any provision of the special event permit, a city ordinance, or any other applicable law;       (2)   the permit holder made a false statement or omission of material fact on an application for a special event permit;       (3)   the chief of the police department, the chief of the fire-rescue department, or the director determines that the special event poses a serious threat to the public health, safety, or welfare;       (4)   the permit holder fails to maintain public order in and around the special event location;       (5)   the permit holder failed to pay any outstanding fees assessed under Section 42A-6 of this chapter for the proposed special event or for a past special event;       (6)   the director is notified that the permit holder or any other person responsible for the conduct or sponsorship of the special event is overdue in payment to the city of taxes, fees, fines, or penalties assessed against or imposed upon the permit holder or other person; or       (7)   the director is notified of any code violations on the property where the special event will be held. (Ord. 31144) ARTICLE III. NEIGHBORHOOD MARKET. SEC. 42A-21.   APPLICATION; ISSUANCE.    (a)   A person desiring to hold a neighborhood market shall submit an online application with the office of special events. An application must be filed not less than 30 business days before the neighborhood market is to begin. The director may waive the filing requirement if the application is submitted within five days of the submission due deadline and the application can be processed in less than the number of calendar days required, taking into consideration the number and types of additional licenses and permits that may be required to be issued in conjunction with the neighborhood market permit and the extent of public safety, department, or agency review required based on the scope of the market. An activity that qualifies for a neighborhood market permit under this article is not required to obtain a special event permit under Article II of this chapter.    (b)   An application must be completed in full before it can be invoiced. An application will not be processed, and the date and venue will not be confirmed until the application processing fee has been paid. Submission of a complete application does not guarantee a neighborhood market permit will be issued. All requirements must be met prior to permit issuance.    (c)   If the director determines that an application requires additional information in order to make a decision, or if additional fees will be required to process the application, the application will be considered incomplete and cancelled if the applicant does not supply the additional information or fees after the director has sent two reminder emails and made one reminder phone call after a period of 10 business days without a response from the applicant.    (d)   Upon receipt of the completed application, the director shall forward a copy of the application to all applicable city departments and partner agencies for review. If the application must be reviewed for public safety, public safety agencies will review the application first, followed by a review by city departments and partner agencies. If any part of the scheduled activity is to be held on or adjacent to property that is exempt from this chapter under Section 42A-5, the director shall also include the entity that manages or controls the exempt property in the review of the application. Each department and partner agency shall review the application and return it, with any comments, to the director within 10 business days of receipt requiring a response. If no response is received, the director may proceed with permitting; however, if an application requires a public safety review, the director must wait for the public safety review response before proceeding. If any department denies the application, or a resolution cannot be reached, the permit will be denied.    (e)   If the proposed neighborhood market will be held on private property and the applicant does not own the property, the applicant shall obtain the written consent of the property owner to conduct the neighborhood market on the property with the authorization including the dates and times of the neighborhood market. The written consent must be submitted at the time of application. The applicant shall present the written consent to the director or any peace officer upon request.    (f)   The director shall cancel a neighborhood market permit application if:       (1)   a neighborhood market permit has been granted or is in the review process for another neighborhood market at the same or a nearby place and the same time.       (2)   an established neighborhood market is customarily held at the same or a nearby place and the same time as the proposed neighborhood market.       (3)   the proposed neighborhood market will occupy any part of a freeway, expressway, or tollway.       (4)   the proposed neighborhood market will unreasonably disrupt the orderly flow of traffic, and no reasonable means of rerouting traffic or otherwise meeting traffic needs is available.       (5)   the proposed neighborhood market cannot comply with high impact parameters.       (6)   the applicant makes a false statement of material fact on an application for a neighborhood market permit or fails to properly complete an application for a neighborhood market permit.       (7)   the applicant had a neighborhood market permit revoked within the preceding 14 months.       (8)   the applicant has received, within the preceding 14 months, two or more notices of violations or citations related to a provision of a neighborhood market permit or this chapter.       (9)   the applicant has a history of conducting or sponsoring neighborhood markets in a disorderly, unsafe, unsanitary, or fiscally irresponsible manner.    (g)   If the director determines that an applicant has failed to pay any outstanding fees assessed under Section 42A-6 of this chapter for the proposed scheduled activity or a past scheduled activity, the application will be deemed incomplete and the application will be cancelled. An application that has been cancelled under this subsection cannot be re-filed for 12 months.    (h)   If the applicant makes major changes to the original submission of an application, this will result in the original permit application being cancelled. A revised permit application will be required, along with new application processing fees if the applicant wishes to pursue the application.    (i)   An application that has been cancelled because it is incomplete cannot be appealed under Section 42A-8 and all application processing fees are forfeited.    (j)   After reviewing the application and confirming all permit requirements have been met, the director shall issue the permit unless denial is required by Section 42A-35. A neighborhood market permit expires one year after issuance and may only be issued for 46 nonconsecutive days in a year. (Ord. 31144) SEC. 42A-22.   LOCATION OF A NEIGHBORHOOD MARKET.    (a)   A neighborhood market may not be conducted:       (1)   in the central business district;       (2)   in a single family, duplex, or townhouse zoning district as defined in the Dallas Development Code, except if the location has a valid certificate of occupancy for a non-residential use or by a waiver granted by the director in accordance with subsection (b);       (3)   within one mile of another neighborhood market permitted under this chapter that has the same or overlapping operating dates and times;       (4)   at any location where one or more neighborhood markets have already been conducted a total of 28 days during the particular calendar year;       (5)   at any location other than the one listed in the permit application;       (6)   at a public park; or       (7)   on a sidewalk.    (b)   The director may grant a waiver to subsection (a)(2) if the director finds that there will be no adverse impact on the surrounding neighborhood. (Ord. Nos. 31144; 32213) SEC. 42A-23.   OPERATION OF A NEIGHBORHOOD MARKET.    (a)   A neighborhood market must operate a minimum of 12 days in a calendar year at the same location, but may not be operated more than 46 days at the same location in a calendar year and may not be operated on consecutive days.    (b)   A neighborhood market may only be operated between the hours of 8 a.m. and 10 p.m. on any day of the week.    (c)   The neighborhood market may only be operated in accordance with the schedule filed with the director at the time of permit application. An amendment to the schedule may be approved by the director during the calendar year. An amendment request and the required change fee must be received by the director at least 15 days before implementing any changes. Date changes do not constitute a major change.    (d)   Except as provided in this subsection, no more than 75 vendors may participate in a neighborhood market. Two of the 46 market days may be designated as holiday or specialty markets, and as such, will be allowed up to 100 vendors. A current vendor list must be on file with the office of special events. Changes or additions to this vendor list may be made throughout the year. Current vendor fees will be assessed with each submission. No change fees will apply.    (e)   Each stall area used by a vendor may not exceed 10 feet by 15 feet.    (f)   All litter, tents, stalls, food, merchandise, and other evidence of the neighborhood market must be removed from the premises at the end of each market day.    (g)   A permit holder must provide the name, phone number, and email address of an individual who will be available following submission of an application through the end of the neighborhood market, as well as at the neighborhood market site the day of the neighborhood market, to respond to any questions or concerns from police officers or code compliance officers. This individual shall meet police officers or code enforcement officers at the neighborhood market site within one hour of being contacted by telephone or email. (Ord. 31144) SEC. 42A-24.   STREET CLOSURES.    (a)   Street closures are limited to one block with no intersections.    (b)   Street closures require approval from applicable partner agencies and city departments.    (c)   A permit holder must provide notice of street closures in accordance with Section 42A-18.    (d)   The police department may require a traffic control plan at the expense of the applicant. If a traffic control plan is required, it must follow the standard format approved by the director and be approved by the city prior to permit issuance.    (e)   All traffic apparatus required to fulfill a traffic control plan must be acquired at the applicant's expense.    (f)   The director may require accommodations if a proposed street closure will restrict access to public or private parking, residences, businesses, or places of worship. (Ord. 31144) SEC. 42A-25.   PARKING.    (a)   A complete parking plan must be submitted with each neighborhood market application. The director may waive this requirement for neighborhood markets with an expected total attendance of less than 250.    (b)   The parking plan must demonstrate that adequate parking will be available to accommodate the expected total attendance.    (c)   The parking plan must be approved prior to the issuance of a neighborhood market permit.    (d)   Meter hooding and no parking zones in connection with a neighborhood market must be limited to the shortest time feasible. "No parking" signs must be posted a minimum of 24 hours in advance of the neighborhood market and follow a standard format approved by the director.    (e)   When the main use of the property is open for business and the designated parking is to be activated as part of the neighborhood market space, the applicant must demonstrate that provisions have been made to provide remote parking in an amount that is adequate to replace the parking spaces being utilized as part of the neighborhood market space.    (f)   When activating neighborhood market in a multi-tenant parking lot, and when the tenants are open for business, not more than 25 percent of the total area of the shared available parking may be activated for the permitted activity. (Ord. 31144) SEC. 42A-26.   PRODUCTS AT A NEIGHBORHOOD MARKET.    (a)   Products that may be sold at a neighborhood market include, but are not limited to, the following:       (1)   Fruits, vegetables, honey, eggs, nuts, herbs, and mushrooms.       (2)   Meats.       (3)   Dairy products.       (4)   Prepared foods, including but not limited to baked goods, packaged foods, and oils.       (5)   Arts and crafts, including but not limited to jewelry, candles, natural skin care products, soaps, art, knitting, quilts, and pottery.       (6)   Garden items, including but not limited to plants, flowers, and soil.    (b)   At least 30 percent of the vendors participating in a neighborhood market must sell produce or other food items.    (c)   All products distributed, offered for sale, or sold at a neighborhood market must have been raised, grown, made, crafted, processed, or produced by the vendor in a Texas county completely or partially located within a 150-mile radius of Dallas County, except that the 150-mile radius requirement does not apply to produce or other food items determined by the director to be unavailable from vendors in the radius area.    (d)   No products may be offered for resale.    (e)   Live animals may not be distributed, offered for sale, or sold at a neighborhood market. (Ord. 31144) SEC. 42A-27.   VENDOR'S STATEMENT.    (a)   Each calendar year before vending at a neighborhood market, a vendor shall sign and provide the permit holder with a written statement that:       (1)   all products to be distributed, offered for sale, or sold at the neighborhood market have been raised, grown, made, crafted, processed, or produced by the vendor in a Texas county completely or partially located within a 150-mile radius of Dallas County, except that the 150-mile radius requirement does not apply to produce or other food items determined by the director to be unavailable from vendors in the radius area; and       (2)   no product is being offered for resale.    (b)   The permit holder shall maintain a vendor statement for each vendor operating at the neighborhood market and shall present the vendors' statements to the director or any peace officer upon request. (Ord. 31144) SEC. 42A-28.   DENIAL OR REVOCATION.    (a)   The director shall deny a neighborhood market permit if:       (1)   the proposed neighborhood market will be located within one mile of another neighborhood market permitted under this chapter that has the same or overlapping operating dates and times;       (2)   the proposed neighborhood market will unreasonably disrupt the surrounding areas or the orderly flow of traffic, and no reasonable means of rerouting traffic or otherwise meeting traffic needs is available;       (3)   the applicant fails to adequately provide for:          (A)   the protection of the vendors and attendees at the neighborhood market;          (B)   maintenance of public order in and around the neighborhood market location;          (C)   crowd security, taking into consideration the size of the neighborhood market; or          (D)   emergency vehicle access.       (4)   the applicant fails to comply with or the proposed neighborhood market will violate a city ordinance or other applicable law, unless the prohibited conduct or activity would be allowed under this article;       (5)   the applicant makes a false statement of material fact on an application for a neighborhood market permit or fails to properly complete an application for a neighborhood market permit;       (6)   the applicant has had a neighborhood market permit revoked within the preceding 14 months;       (7)   the applicant or a vendor at the applicant's neighborhood market has received, within the preceding 14 months, two or more notices of violations or citations related to a provision of a neighborhood market permit or this chapter;       (8)   a neighborhood market has been conducted at the location of the proposed neighborhood market on at least 40 days during the same calendar year in which the proposed neighborhood market is to be conducted;       (9)   the chief of the police department, the chief of the fire-rescue department, or the director determines that the neighborhood market would pose a serious threat to the public health, safety, or welfare;       (10)   the applicant or any other person responsible for the conduct or sponsorship of the neighborhood market is overdue in payment to the city of taxes, fees, fines, or penalties assessed against or imposed upon the applicant or other person or the applicant fails to pay any outstanding fees assessed under Section 42A-6 for the proposed neighborhood market or for a past neighborhood market; or       (11)   the applicant has a history of conducting or sponsoring a neighborhood market in a disorderly, unsafe, unsanitary, or fiscally irresponsible manner.    (b)   The director shall revoke a neighborhood market permit if:       (1)   the permit holder failed to comply with or the neighborhood market is in violation of any provision of the neighborhood market permit, a city ordinance, or any other applicable law;       (2)   the permit holder made a false statement of material fact on an application for a neighborhood market permit or failed to properly complete an application for a neighborhood market permit;       (3)   the chief of the police department, the chief of the fire-rescue department, or the director determines that the neighborhood market poses a serious threat to the public health, safety, or welfare;       (4)   the permit holder failed to pay any outstanding fees assessed under Section 42A-6 of this chapter for the proposed neighborhood market or for a past neighborhood market;       (5)   the permit holder or any other person responsible for the conduct or sponsorship of the neighborhood market is overdue in payment to the city of taxes, fees, fines, or penalties assessed against or imposed upon the permit holder or other person;       (6)    the applicant fails to provide proof that the applicant possesses or is able to obtain a license or permit required by another city ordinance or other applicable law for the conduct of all activities included as part of the neighborhood market; or       (7)   the director is notified of any code violations on the property where the neighborhood market will be held. (Ord. 31144) ARTICLE IV. DALLAS STREET SEATS PROGRAM. SEC. 42A-28.1.   ESTABLISHMENT OF RULES AND REGULATIONS.    (a)   The director shall publish a guidebook entitled Dallas Street Seats Pilot Program Guidebook on the office of special events website.    (b)   Before adopting, amending, or abolishing a rule, the director shall hold a public hearing on the proposal.    (c)   The director shall fix the time and place of the hearing and, in addition to notice required under the Open Meetings Act (Chapter 551, Texas Government Code), as amended, shall notify each street seats permit holder and such other persons as the director determines are interested in the subject matter of the hearing.    (d)   After the public hearing, the director shall notify all street seats permit holders and other interested persons of the director's action and shall post an order adopting, amending, or abolishing a rule on the official bulletin board in city hall for a period of not fewer than 10 days. The order becomes effective immediately upon expiration of the posting period. (Ord. 31708) SEC. 42A-28.2.   APPLICATION; ISSUANCE.    (a)   A person desiring to host a street seat shall submit an online application with the office of special events. A complete application must be filed a minimum of 90 days before the proposed street seat opening date or a minimum of 60 days before the proposed construction start date. A Phase II permit issued under the street seats program will expire two years after issuance. An applicant may apply for a new Phase II permit 60 days before the expiration date listed on the permit. All Phase II permit processing fees apply.    (b)   An application must be completed in full before it can be invoiced. The application review process will not begin until the application processing fee has been paid. Submission of a complete application does not guarantee a street seats permit will be issued. All requirements must be met prior to permit issuance. Applications are processed on a first come first serve basis.    (c)   An applicant shall provide a $1,000 refundable bond to secure removal of the street seat prior to issuance of the Phase I permit. The bond will be refunded upon removal of the street seat to the satisfaction of the city.    (d)   If the director determines that an application requires additional information in order to make a decision, or if additional fees will be required to process the application, the application will be considered incomplete and cancelled if the applicant does not supply the additional information or fees after the director has sent two reminder emails and made one reminder phone call after a period of 10 calendar days without a response from the applicants.    (e)   If the director determines that an applicant has failed to pay any outstanding fees assessed under Section 42A-6 of this chapter for the proposed scheduled activity or a past scheduled activity, the application will be deemed incomplete and the application will be cancelled. An application that has been cancelled under this subsection cannot be re-filed for 12 months.    (f)   If the applicant makes major changes to the original submission of an application after the review has been initiated, this will result in the original permit application being deemed incomplete and cancelled. A revised permit application will be required, along with new application processing fees if the applicant wishes to pursue the application.    (g)   An application may be cancelled if there is a scheduled utility repair/installation, street improvement, adjacent development project, parking space reassignment, or other restoration project, or if the location is deemed inappropriate by the director of transportation, public works, or office of special events. The applicant may be given the option to proceed with a shorter-term permit or to delay installation.    (h)   An application that has been cancelled because it is incomplete cannot be appealed under section 42A-8 and all application processing fees are forfeited.    (i)   Upon receipt of a complete application, the application processing fee, and a $1,000 refundable removal bond, the director shall forward a copy of the application to all applicable city departments and partner agencies for review. Consideration will be given based on accessibility, public safety, location, potential to enhance street scape, community and property owner support, adherence to design and public safety standards, quality of design, and capacity to construct, maintain, and remove the street seat among other factors.    (j)   After reviewing and confirming all permit requirements have been met, the director shall issue a street seats permit unless denial or revocation is required by Section 42A-28.9.       (1)   Private street seats permits are issued for parking spaces immediately abutting the applicant's business for the purpose of expanding the businesses seating capacity.       (2)   Public street seats permits may be issued to a non-abutting person or entity after obtaining consent from abutting properties and required public support.       (3)   A street seats Phase I permit will be issued within 60 days of receipt of the application processing fee and proof of compliance with all requirements.       (4)   A street seats Phase II permit may be issued within 30 days after construction commences based on successful site inspections, construction completion, and confirmation of compliance with all requirements    (k)   No more than one street seat permit may be issued on a given block without written support from additional stakeholders as defined by director. (Ord. 31708; 32213; 32485) SEC. 42A-28.3.   LOCATION, DESIGN, AND OPERATIONS.    (a)   A street seat must meet the requirements in this subsection which are further described in the guidebook.       (1)   Street seats may only be placed adjacent to the curb in an unrestricted parking lane, on a street with dedicated permanent parking, and a posted speed limit of 30 miles-per-hour or less.       (2)   A street seat may only activate in a space no larger than two parking spaces.       (3)   A street seat may not interfere with other curb uses.       (4)   A street seat must not create any interference with existing utility access and maintenance (i.e. manholes, storm and wastewater, telecom, etc.).       (5)   Street seats are prohibited within a designated fire lane.       (6)   Street seats must maintain required distances from other street amenities in accordance with the guidebook.    (b)   Each street seat application must include a site plan as detailed in the guidebook.    (c)   A street seat may require site visits or inspections by city staff. If site visits or inspections are required, the applicant or the applicant's design and installation contractors shall accompany city staff on scheduled site visits or inspections.    (d)   The design submitted with the application must be approved by all applicable city departments and must comply with NACTO parklet guidelines.    (e)   A permit holder is responsible for providing and maintaining all street seats elements including furniture and amenities.    (f)   Designs must meet all city requirements and safety regulations as detailed in the guidebook. (Ord. Nos. 31708; 32485) SEC. 42A-28.4.   PUBLIC SAFETY REVIEW.    The applicant shall provide a road safety review produced by a professional engineer licensed in the state of Texas within 14 days of application acceptance. The review must be specific to the proposed street seat location and must confirm that the proposed street seat follows the NACTO parklet guidelines and all city requirements and safety regulations as detailed in the guidebook. (Ord. 31708) SEC. 42A-28.5.   COMMUNITY SUPPORT AND PROPERTY AUTHORIZATION.    (a)   An applicant must provide written approval from the following parties as part of the permit application:       (1)   the property owner of the real estate immediately adjacent to the proposed street seat,       (2)   all adjacent tenants if utilizing any public property that is immediately adjacent to or abutting an establishment other than the applicant's establishment,       (3)   from the property owner if utilizing any private property other than property owned exclusively by the applicant.    (b)   An applicant shall secure permission for utilizing restrooms owned by another establishment. (Ord. 31708) SEC. 42A-28.6.   PUBLIC NOTICE.    (a)   Public notice must be displayed within the window of the abutting establishment for a minimum of 30 days during the application review to allow for public input.    (b)   Written notice must be given to owners and occupants of real property abutting the proposed street seat and those impacted by the street seat utilizing the template provided by the director a minimum of five days prior to the first date of construction. Notice may be delivered by hand, mail, or email. (Ord. 31708) SEC. 42A-28.7.   INSURANCE REQUIREMENTS.    (a)    An applicant for a street seat permit shall procure and keep in full force and effect no less than the insurance coverage required by this section through a policy or policies written by an insurance company that:       (1)   is authorized to do business in the State of Texas; and       (2)   is acceptable to the city.    (b)   The insured provisions of the policy must name the city and its officers and employees as additional insureds, and the coverage provisions must provide coverage for any loss or damage that may arise to any person or property by reason of the operation of a street seat.       (1)   The certificate of insurance or policy and endorsements will be evidenced by delivery to Office of Special Events, 650 S. Griffin St., Dallas TX 75201.       (2)   All certificates of insurance must name the City of Dallas as the certificate holder.    (c)   An applicant shall maintain commercial general liability insurance and must provide single limits of liability for bodily injury (including death) and property damage of $500,000 for each occurrence, with a $1 million annual aggregate.    (d)   Insurance required under this article must:       (1)   include a cancellation provision in which the insurance company is required to notify the director in writing not fewer than 30 days before cancelling the insurance policy (for a reason other than non-payment) or before making a reduction in coverage;       (2)   include a cancellation provision in which the insurance company is required to notify the director in writing not fewer than 10 days before cancelling for non-payment;       (3)   include an endorsement to waive subrogation in favor of the city and its officers and employees for bodily injury (including death), property damage, or any other loss.       (4)   comply with all applicable federal, state, and local laws.    (e)   Any insurance policy required by this article must be on file with the city within 45 days of the issuance of the initial street seat permit, and thereafter within 45 days of the expiration or termination of a previously issued policy.    (f)   Liquor liability insurance is required if street seats will be used for alcohol consumption, with a minimum limit of $1 million each claim.    (g)   In addition to the insurance requirements in this section, the director may require additional insurance for a permit if such additional insurance is recommended by the city's risk manager as being necessary for the protection of the city or the public health, safety, and welfare. (Ord. 31708) SEC. 42A-28.8.   STREET SEAT REMOVAL.    (a)   The city reserves the right to require removal of a street seat for street improvements, utility work, emergencies, public safety, violation of agreements or permits, or other outstanding circumstances deemed necessary by the city.    (b)   If at any time the directors of the office of special events or the departments of public works or transportation, require the removal of the street seat, the permit holder shall promptly remove the street seat within three business days in order to conform to the requirement, without any cost to the city.    (c)   A permit holder shall, at its own expense, remove a street seat within five business days of permit expiration and return the area to the same condition as it was prior to installation. (Ord. 31708) SEC. 42A-28.9.   DENIAL OR REVOCATION.    (a)   The director shall deny a street seats permit if:       (1)   the applicant fails to meet any of the requirements outlined and defined in the guidebook;       (2)   the applicant fails to provide proof that the applicant possesses or is able to obtain a license or permit required by another city ordinance or other applicable law for the conduct of all activities included as part of the street seat;       (3)   the applicant has had a street seats permit revoked within the preceding 14 months;       (4)   the applicant has received, within the preceding 14 months, two or more notices of violation or citations related to a provision of a street seat permit or this chapter;       (5)   the director of transportation, public works, office of special events, the chief of the police department, or the chief of the fire-rescue department, determines that the street seat would pose a serious threat to the public health, safety, or welfare;       (6)   the applicant or any other person responsible for the conduct or sponsorship of the street seat is overdue in payment to the city of taxes, fees, fines, or penalties assessed against or imposed upon the applicant or other person;       (7)   the applicant has a history of conducting or sponsoring street seats in a disorderly, unsafe, unsanitary, or fiscally irresponsible manner;       (8)   the director is notified of any code violation on the abutting property; or       (9)   a street seat will interfere with the rights of nearby residents to the quiet, peaceable, and undisturbed enjoyment of their property.       (10)   A street seat interferes with other curb uses including but not limited to:          (i)   Fire hydrant.          (ii)   Valet operation.          (iii)   Bus stop or transit station.          (iv)   Loading zone.          (v)   Taxi zones.          (vi)   Handicapped-access parking spaces.          (vii)   Other specially designated zones.          (viii)   Licensing to another establishment.    (b)   The director shall revoke a street seats permit if:       (1)   the applicant fails to comply with, or the street seat is in violation of, any provision of the street seats permit, a city ordinance, or any other applicable law;       (2)   the permit holder made a false statement or omission of material fact on an application for a street seat permit;       (3)   the director of transportation, public works, office of special events, or the chief of the police department or the chief of the fire-rescue department determines that the street seat would pose a serious threat to the public health, safety, or welfare;       (4)   the permit holder fails to maintain public order in and around the street seat;       (5)   the permit holder failed to pay any outstanding fees assessed under Section 42A-6 of this chapter for the proposed street seat or for a past street seat;       (6)   the director is notified that the permit holder or any other person responsible for the conduct or sponsorship of the street seats is overdue in payment to the city of taxes, fees, fines, or penalties assessed against or imposed upon the permit holder or other person; or       (7)   the director is notified of any code violations on the abutting property. (Ord. 31708) ARTICLE V. DALLAS FARMERS MARKET FARMERS MARKET. SEC. 42A-29.   APPLICATION; ISSUANCE.    (a)   This article only applies to the leased premises as defined in the Dallas Farmers Market Shed 1 lease.    (b)   The Dallas Farmers Market shall submit an online application with the office of special events. An application must be filed not less than 30 business days before the Dallas Farmers Market farmers market is to begin.    (c)   An application must be completed in full before it can be invoiced. An application will not be processed, and the date and venue will not be confirmed until the application processing fee has been paid. Submission of a complete application does not guarantee a permit will be issued. All requirements must be met prior to permit issuance.    (d)   If the director determines that an application requires additional information in order to make a decision, or if additional fees will be required to process the application, the application will be considered incomplete and cancelled if the applicant does not supply the additional information or fees after the director has sent two reminder emails and made one reminder phone call after a period of 10 business days without a response from the applicant.    (e)   Upon receipt of the completed application, the director shall forward a copy of the application to all applicable city departments and partner agencies for review. If the application must be reviewed for public safety, public safety agencies will review the application first, followed by a review by city departments and partner agencies. Each department and partner agency shall review the application and return it, with any comments, to the director within 10 business days of receipt requiring a response. Each review phase is allowed 10 business days. Review phases run sequentially with public safety review getting the first 10 business days and department and partner agency review getting the second 10 business days. If no response is received, the director may proceed with permitting, however, if an application requires a public safety review, the director must wait for the public safety review response before proceeding. If any department denies the event request, or a resolution cannot be reached, a permit will be denied.    (f)   The director shall cancel a Dallas Farmers Market farmers market permit application if:       (1)   the proposed Dallas Farmers Market farmers market will occupy any part of a freeway, expressway, or tollway.       (2)   the proposed Dallas Farmers Market farmers market will unreasonably disrupt the orderly flow of traffic, and no reasonable means of rerouting traffic or otherwise meeting traffic needs is available.       (3)   the proposed Dallas Farmers Market farmers market cannot comply with high impact parameters.       (4)   the applicant makes a false statement of material fact on an application for a Dallas Farmers Market farmers market permit or fails to properly complete an application for Dallas Farmers Market farmers permit.       (5)   the applicant had a Dallas Farmers Market farmers market permit revoked within the preceding 14 months.       (6)   the applicant has received, within the preceding 14 months, two or more notices of violations or citations related to a provision of a Dallas Farmers Market farmers market permit or this chapter.       (7)   the applicant has a history of conducting or sponsoring a Dallas Farmers Market farmers market in a disorderly, unsafe, unsanitary, or fiscally irresponsible manner.    (g)   The building official, departments, and the director may prescribe licenses, permits, and authorizations required by other city ordinances or applicable law, restrictions, regulations, safeguards, and other conditions necessary for the safe and orderly conduct of the Dallas Farmers Market farmers market to be incorporated into the permit before issuance.    (h)   Major changes to the original submission of an application require the submission of a new permit application along with new application processing fees. The original permit application will be deemed incomplete and cancelled.    (i)   After reviewing and confirming all permit requirements have been met, the director shall issue a Dallas Farmers Market farmers market permit unless denial is required by Section 42A-34. A Dallas Farmers Market farmers market permit expires one year after issuance. (Ord. 31144) SEC. 42A-30.   STREET CLOSURES.    (a)   Street closures shall require approval from applicable partner agencies and city departments.    (b)   An applicant must provide notice of street closures in accordance with Section 42A-18.    (c)   The police department may require a traffic control plan at the expense of the applicant. If a traffic control plan is required, it must follow a standard format approved by the director and be approved by the applicable departments prior to permit issuance.    (d)   All traffic apparatus required to fulfil a traffic control plan must be acquired at the applicant's expense.    (e)   The director may require accommodations if a proposed street closure will restrict access to public or private parking, residences, businesses, or places of worship. (Ord. 31144) SEC. 42A-31.   PARKING.    (a)   A complete parking plan must be submitted with each application. The director may waive this requirement for markets with an expected total attendance of less than 250.    (b)   The parking plan must demonstrate that adequate parking will be available to accommodate the expected total attendance.    (c)   The parking plan must be approved prior to the issuance of a permit.    (d)   Meter hooding and no parking zones in connection with a market must be limited to the shortest time feasible. "No parking" signs must be posted a minimum of 24 hours in advance of the market and follow a standard format approved by the director.    (e)   When the main use of the property is open for business and the designated parking is to be activated as part of the market space, the applicant must demonstrate that provisions have been made to provide remote parking in an amount that is adequate to replace the parking spaces being utilized as part of the event space.    (f)   When activating a market in a multi- tenant parking lot, and when the tenants are open for business, not more than 25 percent of the total area of the shared available parking may be activated for the permitted activity.    (g)   When restricting public or private parking, including handicapped accessible parking, the applicant must provide adequate alternate parking. (Ord. 31144) SEC. 42A-32.   OPERATIONS OF DALLAS FARMERS MARKET FARMERS MARKET.    (a)   A Dallas Farmers Market farmers market may only be operated between the hours of 8:00 a.m. and 10:00 p.m. on any day of the week.    (b)   A Dallas Farmers Market farmers market may only be operated in accordance with the schedule filed with the director at the time of permit application. An amendment to the schedule may be approved by the director during the calendar year. The request and the required change fee must be received by the director in writing at least 15 days before implementing any changes.    (c)   A permit holder must provide the name, phone number, and email address of an individual who will be available following submission of an application through the end of the Dallas Farmers Market farmers market, as well as at the Dallas Farmers Market site the day of the permitted activity, to respond to any questions or concerns from police officers or code compliance officers. This individual shall meet police officers or code enforcement officers at the Dallas Farmers Market site within one hour of being contacted by telephone or email. (Ord. 31144) SEC. 42A-33.   PRODUCTS AT DALLAS FARMERS MARKET.    (a)   Products that may be sold at the Dallas Farmers Market farmers market include, but are not limited to, the following:       (1)   Fruits, vegetables, honey, eggs, nuts, herbs, and mushrooms.       (2)   Meats.       (3)   Dairy products.       (4)   Prepared foods, including but not limited to baked goods, packaged foods, and oils.       (5)   Arts and crafts, including but not limited to jewelry, candles, natural skin care products, soaps, art, knitting, quilts, and pottery.       (6)   Garden items, including but not limited to plants, flowers, and soil.    (b)   At least 40 percent of the vendors participating in the Dallas Farmers Market farmers market must sell produce or other food items.    (c)   Live animals may not be distributed, offered for sale, or sold at the Dallas Farmers Market farmers market. (Ord. 31144) SEC. 42A-34.   DENIAL OR REVOCATION.    (a)   The director shall deny a Dallas Farmers Market farmers market permit if:       (1)    the applicant fails to meet any of the requirements outlined and defined in the preliminary letter;       (2)    the applicant fails to provide proof that the applicant possesses or is able to obtain a license or permit required by another city ordinance or other applicable law for the conduct of all activities included as part of a Dallas Farmers Market farmers market;       (3)   the applicant has had a Dallas Farmers Market farmers market permit revoked within the preceding 14 months;       (4)   the applicant has received within the preceding 14 months, two or more notices of violations or citations related to a provision of a Dallas Farmers Market farmers market permit or this chapter;       (5)   the chief of the police department, the chief of the fire-rescue department, or the director determines that the Dallas Farmers Market farmers market would pose a serious threat to the public health, safety, or welfare;       (6)    the applicant or any other person responsible for the conduct or sponsorship of a Dallas Farmers Market farmers market is overdue in payment to the city of taxes, fees, fines, or penalties assessed against or imposed upon the applicant or other person;       (7)   the applicant has a history of conducting or sponsoring a Dallas Farmers Market farmers market in a disorderly, unsafe, unsanitary, or fiscally irresponsible manner;       (8)   the director is notified of any code violation on the property where the Dallas Farmers Market farmers market will be held; or       (9)   the Dallas Farmers Market farmers market will interfere with the rights of nearby residents to the quiet, peaceable, and undisturbed enjoyment of their property.    (b)   The director shall revoke a Dallas Farmers Market farmers market permit if:       (1)   the applicant fails to comply with or the Dallas Farmers Market farmers market is in violation of any provision of the Dallas Farmers Market farmers market permit, a city ordinance, or any other applicable law;       (2)   the permit holder made a false statement or omission of material fact on an application for the Dallas Farmers Market farmers market permit;       (3)   the chief of the police department, the chief of the fire-rescue department, or the director determines that the Dallas Farmers Market farmers market poses a serious threat to the public health, safety, or welfare;       (4)   the permit holder fails to maintain public order in and around the market location;       (5)   the permit holder failed to pay any outstanding fees assessed under Section 42A-6 for the market or for a past market;       (6)   the director is notified that the permit holder or any other person responsible for the conduct or sponsorship of the market is overdue in payment to the city of taxes, fees, fines, or penalties assessed against or imposed upon the permit holder or other person; or       (7)   the director is notified of any code violations on the property. (Ord. 31144) ARTICLE VI. STREETLIGHT POLE BANNERS. SEC. 42A-35.   APPLICATION; ISSUANCE.    (a)   Except as provided for a streetlight pole banner in a special provision sign district in Chapter 51A of this code, an application for a streetlight pole banner permit must comply with the requirements in this section. If there is a conflict between a requirement in this section and a requirement for a streetlight pole banner in a special provision sign district in Chapter 51A, the requirement in Chapter 51A prevails.    (b)   The application for a permit authorizing the placement of streetlight pole banners must be submitted online to the office of special events at least 30 business days prior to the proposed streetlight pole banner installation date.    (c)   The director shall respond in writing by email to the applicant within three business days of receipt of the application acknowledging receipt of the application.    (d)   Upon receipt of the completed application, the director shall forward a copy of the application to all applicable city departments and partner agencies for review. If the application must be reviewed for public safety, public safety agencies will review the application first, followed by a review of city departments and partner agencies. If any part of the scheduled activity is to be held on or adjacent to property that is exempt from this chapter under Section 42A-5, the director shall also include the entity that manages or controls the exempt property in the review of the application. Each department and partner agency shall review the application and return it, with any comments, to the director within 10 business days of receipt of the request requiring a response. If no response is received, the director may proceed with permitting, however, if an application requires a public safety review, the director must wait for the public safety review response before proceeding. If any department denies the application, or a resolution cannot be reached, the permit will be denied.    (e)   An application must be completed in full before it can be invoiced. An application will not be processed, and the streetlight poles will not be confirmed until the application processing fee has been paid. Submission of a complete application does not guarantee a permit will be issued. All requirements must be met prior to permit issuance.    (f)   The director shall review the application to determine whether the requested streetlight poles are available for the erection of streetlight pole banners. If the requested streetlight poles are not available, the applicant must resubmit an alternate list of requested streetlight poles within 48 hours of receiving the preliminary letter. If alternate streetlight poles are not submitted within 48 hours of receiving the preliminary letter, the process will continue with only the available poles.    (g)   The director shall provide the applicant with a preliminary letter containing the requirements for permit issuance upon completion of departmental and partner agency review.    (h)   The director may cancel an application for a streetlight pole banner permit if:       (1)   a streetlight pole banner permit has been granted or is in the review process for another streetlight pole banner permit with the same poles and during the same time period;       (2)   the applicant makes a false statement of material fact on an application for a streetlight pole banner permit or fails to properly complete an application for a streetlight pole banner permit;       (3)   the applicant had a streetlight pole banner permit revoked within the preceding 14 months;       (4)   the applicant has received, within the preceding 14 months, two or more notices of violations or citations related to a provision of a streetlight pole banner permit or this chapter; or       (5)   the applicant has a history of conducting the installation, maintenance, or removal of streetlight pole banners in a disorderly or unsafe manner.    (i)    If the director determines that an application requires additional information in order to make a decision, or if additional fees will be required to process the application, the application will be considered incomplete and cancelled if the applicant does not supply the additional information or fees after the director has sent two reminder emails and made one reminder phone call after a period of 10 calendar days without a response from the applicant.    (j)   If the director determines that an applicant has failed to pay any outstanding fees assessed under Section 42A-6 of this chapter for the proposed installation of the streetlight pole banners, the application will be deemed incomplete and the application will be cancelled. An application that has been cancelled under this subsection cannot be re-filed for 12 months.    (k)   If the applicant makes major changes to the original submission of an application after the preliminary letter has been issued, this will result in the original permit application being deemed incomplete and cancelled. A revised permit application will be required, along with new application processing fees if the applicant wishes to pursue the application.    (l)   An application that has been cancelled cannot be appealed under Section 42A-8 and all application processing fees are forfeited.    (m)   An applicant may not hold more than one streetlight pole banner permit application at a time.    (n)   A streetlight pole banner permit application may not be submitted more than one year prior to the banner installation date.    (o)   Applications for streetlight pole banners in the arts district must be from cultural institutions located in the arts district. The Arts District Foundation shall provide the office of special events a map with pole assignments for each cultural institution each calendar year.    (p)   Applications for streetlight pole banners for pre-determined signature events within the downtown area including, but not limited to, Main Street, Commerce Street, and Elm Street, have a right of first refusal. All other permit applications will be processed on a first-come, first-serve basis.    (q)   After reviewing and confirming all permit requirements have been met, the director shall issue the streetlight pole banner permit unless denial or revocation is required by Section 42A-31. Except as provided in this subsection, a streetlight pole banner permit will be issued for a period of 60 consecutive days. A streetlight pole banner permit may be extended for additional consecutive 60-day periods not to exceed a year. All applicable fees must be paid for any permit extension. A streetlight pole banner permit for a public improvement district will be issued for a period of one calendar year. (Ord. 31144) SEC. 42A-36.   PERMIT EXTENSION.    (a)   An applicant may not submit a request to extend a streetlight pole banner permit earlier than two weeks prior to the expiration of an existing streetlight pole banner permit.    (b)   A streetlight pole banner permit may be extended in additional 60-day increments based upon availability of the streetlight poles.    (c)   Streetlight pole banner permits may be extended for a maximum of one year.    (d)   The director shall assess all applicable streetlight pole banner fees in 60-day increments.    (e)   This section does not apply to a public improvement district annual streetlight pole banner permit. (Ord. 31144) SEC. 42A-37.   INSURANCE.    (a)   A person installing a streetlight pole banner shall procure and keep in full force and effect insurance written by an insurance company approved by the State of Texas and acceptable to the city and issued in the standard form approved by the Texas Department of Insurance. All provisions of each policy must be acceptable to the city. Each policy must name the city and its officers, employees, and appointed representatives as additional insureds. The coverage provisions of each policy must provide coverage for any loss or damage that may arise to any person or property by reason of the installation of the streetlight pole banner by the applicant.    (b)   Insurance required under this article must include a cancellation provision in which the insurance company is required to notify the director in writing not fewer than 30 days before cancelling the insurance policy or before making a reduction in coverage.    (c)    Insurance is required in the following types and amounts:       (1)    Commercial general liability insurance must be provided with combined single limits of liability for bodily injury and property damage of not less than $1,000,000 for each occurrence with a $2,000,000 annual aggregate.       (2)    Business automotive liability insurance covering owned, hired, and non-owned vehicles, with a combined single limit for bodily injury (including death) and property damage of $1,000,000 per occurrence.       (3)   Worker's compensation insurance with statutory limits.       (4)    Employer's liability insurance with the following minimum limits for bodily injury by:          (A)   accident, $1,000,000 per each accident; and          (B)   disease, $1,000,000 per employee with a per policy aggregate of $1,000,000.       (5)   Umbrella liability insurance following the form of the primary liability coverage described in Subsection (a) and providing coverage with minimum combined bodily injury (including death) and property damage limit of $1,000,000 per occurrence and $1,000,000 annual aggregate.    (d)   In addition to the insurance requirements of Subsection (c) of this section, the director may require additional insurance for a streetlight pole banner if such additional insurance is recommended by the city's risk manager as being necessary for the protection of the city or the public health, safety, and welfare.    (e)   If a facility or other property owned or managed by the city is subject to both the insurance requirements of this chapter and insurance requirements established by another city ordinance, an official city action, a city lease or use agreement, or other applicable law, then the insurance requirements with the greater limits and coverages must be met to erect a streetlight pole banner at the facility or property.    (f)   A streetlight pole banner permit will not be issued until the insurance requirements have been verified by the city's designated third-party provider. (Ord. 31144) SEC. 42A-38.   STREETLIGHT POLE BANNER REGULATIONS.    (a)   In general.       (1)   Except as provided for a streetlight pole banner in a special provision sign district in Chapter 51A of this code, streetlight pole banners must comply with the requirements in this section. If there is a conflict between a requirement in this section and a requirement for a streetlight pole banner in a special provision sign district in Chapter 51A, the requirement in Chapter 51A prevails.       (2)   A streetlight pole banner must be in general compliance with the streetlight pole design manual published by the office of special events.       (3)   The sign hardware for a streetlight pole banner may be left in place between displays of a banner.       (4)   A streetlight pole banner and its sign hardware must:          (A)   be mounted on a streetlight pole;          (B)   be at least 12 feet above grade, unless it overhangs a roadway, in which case it must be at least 15 feet above grade;          (C)   be made out of weather resistant and rust proof material especially designed for outdoor use;          (D)   be printed on both sides of material;          (E)   not be illuminated;          (F)   not project more than three feet from the pole onto which it is mounted;          (G)   not exceed 25 square feet in effective area;          (H)   not obstruct the view of traffic or any traffic control devices or impede or endanger the flow of traffic; and          (I)   not interfere with emergency equipment, including fire, police, medical, electrical, commercial vehicles and trucks, or bus transportation.       (5)   The maximum number of streetlight pole banners is two per pole, with each banner on one opposite side of the pole.    (b)   Public improvement districts.       (1)   This section applies only to public improvement district management corporations.       (2)   District identification banners are defined as long-term banners that identify a geographic location or place of interest. Streetlight poles must be located within the defined geographic boundaries of the public improvement district.       (3)   Streetlight pole banner permits granted to a public improvement district management corporation must comply with the standards in this subsection and will be issued on an annual basis.       (4)   District identification banners are excluded from all permit application processing fees.       (5)   Public improvement district have first right-of-refusal for streetlight poles previously permitted to a public improvement district before being reissued to an applicant other than that of the public improvement district management corporation; however, an active permit must be maintained by the public improvement management corporation to prevent poles from being reissued to another entity. (Ord. 31144) SEC. 42A-39.   DENIAL OR REVOCATION.    (a)   The director shall deny a streetlight pole banner permit if:       (1)    the applicant fails to meet any of the requirements outlined and defined in the preliminary letter;       (2)    the applicant fails to provide proof that the applicant possesses or is able to obtain a license or permit required by another city ordinance or other applicable law for the conduct of all activities included as part of the installation, maintenance, or removal of the streetlight pole banners;       (3)   the applicant has had a streetlight pole banner permit revoked within the preceding 14 months;       (4)   the applicant has received, within the preceding 14 months, two or more notices of violations or citations related to a provision of a streetlight pole banner permit or this chapter;       (5)   the chief of the police department, the chief of the fire-rescue department, or the director determines that the installation, maintenance, or removal of the streetlight pole banners would pose a serious threat to the public health, safety, or welfare;       (6)   the applicant or any other person responsible for the installation, maintenance, or removal of the streetlight pole banners is overdue in payment to the city of taxes, fees, fines, or penalties assessed against or imposed upon the applicant or other person; or       (7)   the applicant has a history of conducting the installation, maintenance, or removal of streetlight pole banners in a disorderly or unsafe manner.    (b)    The director shall revoke a streetlight pole banner permit if:       (1)   the applicant fails to comply with, or the streetlight pole banners are in violation of any provision of the streetlight pole banner permit, a city ordinance, or any other applicable law;       (2)   the permit holder made a false statement or omission of material fact on an application for a streetlight pole banner permit;       (3)   the chief of the police department, the chief of the fire-rescue department, or the director determines that the installation, maintenance, or removal of the streetlight pole banners pose a serious threat to the public health, safety, or welfare;       (4)    the permit holder fails to maintain public order in and around the installation, maintenance, or removal of the streetlight pole banners;       (5)   the permit holder failed to pay any outstanding fees assessed under Section 42A-6 of this chapter for the installation, maintenance, or removal of the streetlight pole banners; or       (6)    the director is notified that the permit holder or any other person responsible for the conduct or sponsorship of the installation, maintenance, or removal of the streetlight pole banners is overdue in payment to the city of taxes, fees, fines, or penalties assessed against or imposed upon the permit holder or other person. (Ord. 31144) ARTICLE VII. ENFORCEMENT. SEC. 42A-40.   OFFENSES.    (a)   A person commits an offense if he commences set up or conducts a special event, or neighborhood market, or erects a street seat or a streetlight pole banner:       (1)   without a permit issued under this chapter or, for a streetlight pole banner in a special provision sign district, a sign permit issued under Chapter 51A of this code; or       (2)   in violation of any provision of a permit issued under this chapter, this chapter, or any other city ordinance or applicable law.    (b)   A person commits an offense if he is the individual named by the permit holder as the contact person for the event and he fails to meet police officers or code enforcement officers at the site of the special event, neighborhood market, or street seat within one hour of being contacted by a police officer or code enforcement officer by telephone or email.    (c)   The culpable mental state required for the commission of an offense under this chapter is governed by Section 1-5.1 of this code.    (d)   This chapter may be enforced by the director of the office of special events, the director of code compliance, the chief of police, the fire chief, the director of mobility, and the director of public works, or their designated representatives. (Ord. Nos. 18702; 19869; 21934; 31144; 31708) SEC. 42A-41.   PENALTY.    (a)   A person who violates a provision of this chapter or a requirement of a permit issued under this chapter is guilty of a separate offense for each day or part of a day during which the violation is committed or continued.    (b)   Each offense is punishable by a fine not to exceed:       (1)   $2,000 for a violation of a provision of this chapter or a requirement of a permit governing fire safety, zoning, or public health and sanitation, including dumping of refuse; or       (2)   $500 for all other violations of this chapter or requirements of a permit issued under this chapter. (Ord. Nos. 18702; 19869; 21934; 31144) CHAPTER 42B SHORT-TERM RENTALS Sec. 42B-1.   Definitions. Sec. 42B-2.   Authority of director. Sec. 42B-3.   Establishment of rules and regulations. Sec. 42B-4.   Short-term rental registration and posting requirements. Sec. 42B-5.   Short-term rental registration; fees; renewal. Sec. 42B-6.   Short-term rental registration application. Sec. 42B-7.   Review and acceptance of registration application. Sec. 42B-8.   Property inspections. Sec. 42B-9.   Issuance and denial of registration. Sec. 42B-10.   Revocation of short-term rental registration. Sec. 42B-11.   Required emergency response. Sec. 42B-12.   Operation of short-term rental. Sec. 42B-13.   Hosting platform registration; revocation. Sec. 42B-14.   Hosting platform operations. Sec. 42B-15.   Criminal offenses. Sec. 42B-16.   Review of chapter. SEC. 42B-1.    DEFINITIONS.    In this chapter:       (1)   BEDROOM means any room in a short-term rental other than a kitchen, dining room, living room, bathroom, or closet.       (2)   BOOKING TRANSACTION means any reservation or payment service provided by a person who facilitates a short-term rental transaction between a prospective visitor and a host.       (3)   DEPARTMENT means the department designated by the city manager to enforce and administer this chapter.       (4)   DIRECTOR means the director of the department designated by the city manager to enforce and administer this chapter and includes representatives, agents, or department employees designated by the director.       (5)   EGREGIOUS OFFENSE means an offense that caused or could cause a serious threat to public health and safety, including but not limited to, commission of crimes that are related to drugs, prostitution, or a serious breach of the peace.       (6)   EMERGENCY CONDITION means any fire, natural disaster, collapse hazard, burst pipe, lack of operable utilities, serious police incident, noise violation, or other condition that requires an immediate response to prevent harm to the property, the occupants of the property, or the public.       (7)   HOST means a person who operates a short-term rental and includes representatives, agents, and employees of the host.       (8)   HOSTING PLATFORM means a person who participates in the short-term rental business by collecting or receiving a fee, directly or indirectly through an agent or intermediary, for conducting a booking transaction using any medium of facilitation.       (9)   LOCAL RESPONSIBLE PARTY means a natural person who represents the owner or host who may be contacted 24 hours a day, seven days a week, in the event of an emergency condition at a short-term rental.       (10)   MULTITENANT STRUCTURE means a structure with three or more rentable units.       (11)   OWNER means a person who owns property used as a short-term rental and includes representatives, agents, and employees of the owner.       (12)   RENTABLE UNIT means one or more rooms designed to accommodate tenants containing one or more kitchens, one or more bathrooms, and one or more bedrooms.       (13)   SHORT-TERM RENTAL means a full or partial rentable unit containing one or more kitchens, one or more bathrooms, and one or more bedrooms that is rented to occupants for fewer than 30 consecutive days or one month, whichever is less, per rental period. (Ord. 32473) SEC. 42B-2.    AUTHORITY OF DIRECTOR.    The director shall implement and enforce this chapter and may by written order establish such rules, regulations, or procedures, not inconsistent with this chapter or other city ordinances, and state or federal law, as the director determines are necessary to discharge any duty under or to affect the policy of this chapter. (Ord. 32473) SEC. 42B-3.   ESTABLISHMENT OF RULES AND REGULATIONS.    (a)   Before adopting, amending, or abolishing a rule, the director shall hold a public hearing on the proposal.    (b)   The director shall fix the time and place of the hearing and, in addition to the notice required under the Open Meetings Act (Chapter 551, Texas Government Code), as amended, shall notify each owner, host, hosting platform, and such other persons as the director determines are interested in the subject matter of the hearing.    (c)   After the public hearing, the director shall notify all owners, hosts, hosting platforms, and other interested persons of the director's action and shall post an order adopting, amending, or abolishing a rule on the official bulletin board in city hall for a period of not fewer than 10 days. The order becomes effective immediately upon expiration of the posting period. (Ord. 32473) SEC. 42B-4.   SHORT-TERM RENTAL REGISTRATION AND POSTING REQUIREMENTS.    (a)   A person commits an offense if he owns or operates a short-term rental without a valid short-term rental registration issued under this chapter.    (b)   A person other than a hosting platform commits an offense if the person advertises a property for rent as a short-term rental without a valid short-term rental registration issued under this chapter.    (c)   The owner and host of a short-term rental commits an offense if he fails to post the following in a conspicuous place in a common area of the property or as otherwise approved by the director:       (1)   the short-term rental certificate of occupancy; and       (2)   the certificate of registration for short-term rental. (Ord. 32473) SEC. 42B-5.   SHORT-TERM RENTAL REGISTRATION; FEES; RENEWAL.    (a)   Each short-term rental lodging use must be separately registered.    (b)   A short-term rental registration expires on the earlier of:       (1)   one year after the registration date, or       (2)   when ownership of the property changes.    (c)   The annual registration fee for a short-term rental is $248.00.    (d)   The registration fee is nonrefundable. The registration fee may not be prorated or applied to another property.    (e)   The initial inspection fee is included in the annual registration fee. If a property must be reinspected, the reinspection fee is $144.00.    (f)   A host shall keep the information contained in its registration application current and accurate. If there is any change in the application information, the host shall notify the director in writing within 10 days of the changes of information.    (g)   A registration may be renewed by making application for a renewal in accordance with this chapter on a form provided by the director. In the application for renewal, the host shall certify that all information in the then-current registration application is still accurate as of the date of the renewal application or otherwise correct any information that is not accurate as of the date of the renewal application. (Ord. Nos. 32473; 32556) SEC. 42B-6.   SHORT-TERM RENTAL REGISTRATION APPLICATION.    To obtain a registration to operate a short-term rental, a person must submit a complete application to the director on a form provided for that purpose. If the applicant is not an individual, an authorized officer or agent of the applicant must file the form. The application must contain the following information and be accompanied by the annual registration fee required under Section 42B-5 before it is considered complete:       (1)   The name, mailing address, and telephone number for:          (A)   the owner;          (B)   the host;          (C)   the local responsible party;          (D)   if the owner of the short-term rental is not a natural person, then an agent, employee, or officer of the owner authorized to receive legal notices and service of legal process on behalf of the owner, and in the case of an entity required to be registered with the State of Texas, the registered agent for service of process for the entity;          (E)   if the host is not a natural person, then an agent, employee, or officer of the host authorized to receive legal notices and service of legal process on behalf of the host, and in the case of an entity required to be registered with the State of Texas, the registered agent for service of process for the entity;          (F)   the holder of any deed of trust or mortgage lien on the short- term rental property being registered; and          (G)   any agent, employee, officer, property manager, and other persons in control of, managing, or operating the short-term rental property on behalf of the owner or host;       (2)   the property address;       (3)   if the property being registered is part of a multitenant property or a condominium:          (A)    the name of the property, all legal addresses comprising the property, and the main telephone number, if any, of the property;          (B)   the apartment or unit number of the short-term rental unit being registered; and          (C)   an affidavit signed by the owner acknowledging that the owner is responsible for ensuring that no unregistered short-term rentals operates on the property and that the owner may be liable for code violations committed by hosts or short-term rental guests, such as being declared a habitual nuisance property under Chapter 27 of this code;       (4)    if the owner is not a natural person, the form of the entity, including, but not limited to, a corporation, general partnership, limited partnership, trust, or limited liability company, and the state or foreign jurisdiction of organization and registration, if other than the State of Texas, as well as the name and mailing address for each principal officer, director, general partner, trustee, manager, member, or other person charged with the operation, control, or management of the entity;       (5)   if the host is not a natural person, the form of the entity, including, but not limited to, a corporation, general partnership, limited partnership, trust, or limited liability company, and the state or foreign jurisdiction of organization and registration, if other than the State of Texas, as well as the name and mailing address for each principal officer, director, general partner, trustee, manager, member, or other person charged with the operation, control, or management of the entity;       (6)   a copy of the host's current driver's license or other government- issued personal identification card containing a photograph of the host, if the host is a natural person;       (7)   the hotel occupancy tax registration number issued in accordance with Chapter 44 of this code;       (8)   any additional information the host desires to include or that the director deems necessary to aid in the determination of whether the application will be deemed complete;       (9)    an acknowledgement by the host of the following:          (A)    occupancy limits;          (B)   parking requirements;          (C)   noise limits;          (D)   revocation process; and          (E)   advertisement and signage limitations; and       (10)   if the host is not the owner, a statement that is signed and acknowledged by the owner giving the host permission to operate the short-term rental. (Ord. 32473) SEC. 42B-7.   REVIEW AND ACCEPTANCE OF REGISTRATION APPLICATION.    (a)   An application will not be processed until the annual registration fee required by Section 42B-5 has been paid.    (b)   The director shall review an application within 10 business days of receipt to determine completeness.    (c)   If the director finds that the applicant has failed to submit a complete application or that any of the information on the application is materially incorrect or misleading, the director shall promptly notify the applicant by United States or electronic mail that the application is defective or incomplete and the director shall list the defects and missing items.    (d)   An application shall expire and be void ab initio if by the 10th business day after the applicant is notified that the application is defective or incomplete, the applicant fails to provide documents or other information necessary to comply with the requirements of this chapter.    (e)   If the director finds that the applicant submitted a complete application and all criteria have been met, the director shall promptly notify the applicant that the application has been received and found to be complete. (Ord. 32473) SEC. 42B-8.   PROPERTY INSPECTIONS.    (a)   After the director deems an application complete, but before an application is approved, the director shall conduct an inspection of the property to determine if there are any code violations. If the inspection reveals any violations of the Dallas City Code, the director shall issue a notice of violation to the owner, operator, or person in control to remedy the violations. The director shall not approve the registration until the identified code violations at the property have been abated.    (b)   The director may conduct inspections of short-term rental properties at any time the director deems necessary when determined to be in the interest of the public health, safety, and welfare.    (c)   Except as provided in this section, the director shall conduct a property inspection of each short-term rental upon application for renewal of a registration.    (d)   For a registration renewal, no inspection is required if code violations were not found on the property in the previous 12 calendar months.    (e)   The director may conduct inspections at the property if any complaint is received alleging violations occurring at the property including, but not limited to, violations of noise or parking regulations. (Ord. 32473) SEC. 42B-9.   ISSUANCE AND DENIAL OF REGISTRATION.    (a)   Upon the submission of a complete application, the director shall issue a registration to operate a short-term rental if the director determines:       (1)   the applicant has complied with all requirements for issuance of the registration;       (2)   the applicant has not made a false statement as to a material matter in the application;       (3)   the property being registered has passed all inspections and the condition and use of the short-term rental comply with the zoning regulations in the Dallas Development Code and the minimum property standards in Chapter 27;       (4)   there have not been two or more citations for violations of the Dallas City Code found on the property being registered within the preceding 12 calendar months prior to the registration application;       (5)   if the property is a multitenant property, registration of the rentable unit will not exceed the density requirements in Section 42B-12;       (6)   the owner and host are not delinquent in any ad valorem taxes, fees, fines, or penalties owed to the city in relation to the property where the short-term rental is located;       (7)   the owner and host are not delinquent in any hotel occupancy taxes owed to the city; and       (8)   the owner and host have not had a short-term rental registration revoked within the past 12 months.    (b)   If the director determines that the requirements of Subsection (a) have not been met, the director shall deny the registration.    (c)   If the director determines that the applicant should be denied a registration, the director shall notify the applicant in writing, by certified mail, return receipt requested, that the application is denied and include in the notice the reason for denial and a statement informing the applicant of the right to appeal. (Ord. 32473) SEC. 42B-10.   REVOCATION OF SHORT-TERM RENTAL REGISTRATION.    (a)   The director may revoke a short-term rental registration if the property registered as a short-term rental is the site of two or more citations for violations of the Dallas City Code or state or federal law two or more times in the preceding year. Violations considered under this provision include, but are not limited to, parking on unapproved surfaces, failure to maintain the property free of litter, exceeding noise limitations, disorderly or criminal conduct, failure to pay hotel occupancy tax, or any of the provisions of this chapter.    (b)   A short-term rental registration issued under this chapter may be revoked at the director's discretion if an egregious offense occurs at the property.    (c)   The director may revoke all registrations associated with a single owner or host upon revocation of any registration.    (d)   If the director determines that a registration should be revoked, the director shall notify the owner and host in writing, by certified mail, return receipt requested, that the registration is revoked and include in the notice the reason for revocation and a statement informing the owner and host of the right to appeal.    (e)   An owner or host that has had a registration revoked under this section shall not be permitted to apply for a short-term rental registration for a period of one year following the date of the revocation.    (f)   A revocation under this section is final unless the owner or host files an appeal with the permit and license appeal board in accordance with Section 2-96.    (g)   The filing of an appeal stays the action of the director in revoking a registration until the permit and license appeal board makes a final decision.    (h)   The permit and license appeal board shall consider the facts as they existed at the time of the registration denial, suspension, or revocation in making its decision. (Ord. 32473) SEC. 42B-11.   REQUIRED EMERGENCY RESPONSE.    (a)   A host shall provide the director with the name, address, and telephone number of a local responsible party. This designation shall be provided on a notarized form designated by the director that is signed by the local responsible party.    (b)    A host shall notify the director immediately of any change in the emergency response information on a notarized form designated by the director.    (c)    The local responsible party shall arrive at the property within one hour after being notified by the city or emergency response personnel that an emergency condition has occurred on the property.    (d)   Upon arrival at the short-term rental when requested as provided above, the local responsible party shall notify the requesting city personnel of his arrival and shall take reasonable actions to resolve the emergency condition.    (e)    A local responsible party must be authorized to make decisions regarding the premises and its occupants. A local responsible party may be required to, and shall not refuse to, accept service of citation for any violations on the premises. Acceptance of service shall not act to release owner of any liability under this chapter. (Ord. 32473) SEC. 42B-12.   OPERATION OF SHORT-TERM RENTAL.    (a)   Maximum occupancy for a short-term rental is three people per bedroom with a total occupancy of 12.    (b)   The number of short-term rentals in a single rentable unit may not exceed one.    (c)   The maximum density for short-term rentals located in a multifamily structure is:       (1)   three percent of rentable units if the multitenant structure has more than 20 rentable units and is located in a multifamily or multiple-family zoning district or a planned development district or conservation district whose base zoning is multifamily or multiple-family;       (2)   20 percent of rentable units if the multitenant structure has more than 20 rentable units and is located in a nonresidential zoning district;       (3)   zero rentable units if the multitenant structure has 20 rentable units or less.    (d)   The use of amplified sound equipment that produces a sound audible beyond the property line of the premises between the hours of 10:00 p.m. and 7: 00 a.m. is prohibited.    (e)   The host shall limit the number of guest vehicles to the number of available off-street parking spaces available at the short-term rental property.    (f)   The minimum allowable rental period is two nights.    (g)   Any public listing or advertisement for a property as a short-term rental must include:       (1)   the City of Dallas short-term rental registration number;       (2)   occupancy limitations;       (3)   limitations on the use of amplified sound equipment;       (4)   the number of vehicles allowed;       (5)   city regulations related to parking on unapproved surfaces and oversized vehicles; and       (6)    a minimum allowable rental period of two nights.    (h)   A short-term rental may not be used as a commercial amusement, restaurant, or similar business unless the property has a valid certificate of occupancy for the use. (Ord. 32473) SEC. 42B-13.   HOSTING PLATFORM REGISTRATION; REVOCATION.    (a)   To obtain a registration to operate as a hosting platform, a person shall submit a complete application to the director on a form provided for that purpose. If the applicant is not an individual, an authorized officer or agent of the applicant must file the form. The application must contain the following information before it is considered complete:       (1)   the name, telephone number, and email address of a contact person at the hosting platform; and       (2)   any other information the director deems necessary.    (b)   A registration issued under this section is valid for one year.    (c)   The director may revoke the registration of a hosting platform if the hosting platform collects a fee or fails to submit a report in violation of Section 42B-14.    (d)   If the director determines that a registration should be revoked, the director shall notify the hosting platform in writing, by certified mail, return receipt requested, that the registration is revoked and include in the notice the reason for revocation and a statement informing the owner and host of the right to appeal.    (e)   A hosting platform that has had a registration revoked under this section shall not be permitted to apply for a hosting platform registration for a period of one year following the date of the revocation.    (f)   A revocation under this section is final unless the hosting platform files an appeal with the permit and license appeal board in accordance with Section 2-96.    (g)   The filing of an appeal stays the action of the director in revoking a registration until the permit and license appeal board makes a final decision.    (h)   The permit and license appeal board shall consider the facts as they existed at the time of the revocation in making its decision. (Ord. 32473) SEC. 42B-14.   HOSTING PLATFORM OPERATIONS.    (a)   Hosting platforms shall not collect or receive a fee, directly or indirectly, through an agent or intermediary, for completing a booking transaction for a short-term rental unless the hosting platform has registered with the city in compliance with this Section 42B-13 and the short-term rental has a valid registration number issued by the director in accordance with Section 42B-9.    (b)   Hosting platforms shall not collect or receive a fee, directly or indirectly, through an agent or intermediary, for facilitating or providing services ancillary to an unregistered short-term rental, including, but not limited to, insurance, concierge services, catering, restaurant bookings, tours, guide services, entertainment, cleaning, property management, or maintenance.    (c)   A hosting platform registered under this chapter shall provide the director, on a monthly basis, an electronic report, in a format determined by the director, of the listings maintained, authorized, facilitated, or advertised by the hosting platform within the city for the applicable reporting period. The report must include a breakdown of where the listings are located and whether the listing is for a room or a whole rentable unit. (Ord. 32473) SEC. 42B-15.   CRIMINAL OFFENSES.    A person commits an offense if he violates or attempts to violate a provision of this chapter, or a rule or regulation established by the director under this article, that is applicable to a person. A culpable mental state is not required for an offense under this chapter unless the provision defining the conduct expressly requires a culpable mental state. A separate offense is committed each day in which an offense occurs. (Ord. 32473) SEC. 42B-16.   REVIEW OF CHAPTER.    The regulations in this chapter must be reviewed by a city council committee by June 14, 2025. (Ord. 32473) CHAPTER 43 STREETS AND SIDEWALKS ARTICLE I. IN GENERAL. Sec. 43-1.   Reserved. Sec. 43-2.   Driving horses, cattle, etc., on certain streets forbidden. Sec. 43-3.   Moving horses and vehicles at request of street cleaner. Sec. 43-4.   Fruit stands, stalls, etc., on sidewalks. Sec. 43-5.   Attracting crowds on sidewalks. Sec. 43-6.   Unsafe scaffolds. Sec. 43-7.   Open cellar or trap doors; permitting sidewalk to remain in disrepair. Sec. 43-8.   Each day obstruction remains deemed separate offense. Sec. 43-9.   Glass to be removed from highway after a wreck. Secs. 43-10 thru 43-11.   Reserved. Sec. 43-12.   Depositing trash on streets and sidewalks. Sec. 43-13.   Trash, etc., not to accumulate or remain on sidewalks. Sec. 43-14.   Leaving rubbish in street after completion of building. Sec. 43-15.   Allowing weeds, grass, etc., to obstruct gutters and sidewalks. Sec. 43-16.   Throwing fruit peelings on sidewalks. Sec. 43-17.   Playing ball, throwing stones, etc., in streets. Sec. 43-18.   Skating on streets and sidewalks. Sec. 43-19.   Mixing concrete on paved streets. Sec. 43-20.   Reserved. Sec. 43-21.   Permits required for alterations, obstructions, etc., of sewers, gutters, etc. Sec. 43-22.   Marking sidewalks with stencils, etc. Sec. 43-23.   Injuring or defacing street signs and signposts. Sec. 43-24.   Heavy articles not to be carried along sidewalks. Sec. 43-25.   Reserved. ARTICLE II. AWNINGS. Sec. 43-26.   Height above sidewalk. Sec. 43-27.   Fastening to buildings; supports. Sec. 43-28.   Coverings to be fireproof; exceptions. Sec. 43-29.   Awning posts. Sec. 43-30.   Extending over public property. ARTICLE III. CONSTRUCTION AND REPAIR OF SIDEWALKS, CURBS AND DRIVEWAY APPROACHES. Division 1. Generally. Subdivision I. In General. Sec. 43-31.   Purpose of article. Sec. 43-32.   Definitions. Sec. 43-33.   Liability of abutting property owners for injuries caused by defective sidewalks. Sec. 43-34.   Liability of persons making special use of sidewalks. Sec. 43-35.   Administration and enforcement of article; police power of director. Sec. 43-36.   Director not personally liable for good faith actions. Sec. 43-37.   Authority of director generally. Sec. 43-38.   Effect of article on responsibility for damages. Sec. 43-39.   Construction permit - Required. Sec. 43-40.   Same - Application - Information to be furnished by applicants. Sec. 43-41.   Same - Same - Lot plan to be furnished when requested. Sec. 43-42.   Same - Expiration; new permit required before recommencing work. Sec. 43-43.   Surety bond - Required. Sec. 43-44.   Surety bond - Conditions of issuance. Sec. 43-45.   Same - Effect of article on persons now engaged in construction, etc. Sec. 43-46.   Standards for raw materials used in construction. Sec. 43-47.   Specifications for concrete reinforcing steel. Sec. 43-48.   Specifications and placement of concrete expansion joint filler. Sec. 43-49.   Subgrade determination. Sec. 43-50.   Form, specifications, and placement. Sec. 43-51.   Concrete - Ingredients and consistency required. Sec. 43-52.   Same - Placement Sec. 43-53.   Same - Protecting against extreme temperatures, etc. Sec. 43-54.   Examination and approval of materials prior to use. Sec. 43-55.   All work to comply with established lines and grades. Sec. 43-56.   Protection of grade and line stakes. Sec. 43-57.   Lights and safeguards. Sec. 43-58.   Removal of debris, etc., upon completion of work. Sec. 43-59.   Construction of retaining walls on public property. Sec. 43-60.   Traffic barriers for service stations and parking lots. Sec. 43-61.   Same - Placement of curbs. Sec. 43-62.   Indented parking. Sec. 43-63.   Repair of defective sidewalks or driveways by abutting property owners. Sec. 43-64.   Mixing concrete or mortar on existing pavement; unused mixture to be immediately removed. Sec. 43-65.   Sidewalk drainage openings to have metal covers. Sec. 43-66.   Alternative materials and construction methods. Subdivision II. Sidewalks. Sec. 43-67.   Minimum dimensions; finishing. Sec. 43-68.   Concrete specifications. Sec. 43-69.   Form, placement and slope. Sec. 43-70.   Joints. Division 2. Material Specifications and Construction Methods. Subdivision I. Curbs and Gutters. Sec. 43-71.   Description; composition of concrete and mortar used in construction. Sec. 43-72.   Construction of joints. Sec. 43-73.   Forms. Sec. 43-74.   Placement of concrete and mortar. Sec. 43-75.   Finishing. Sec. 43-76.   Protection of new work from traffic; backfilling. Sec. 43-77.   Final dimensions; gutter ratio required for curb facing; dwelling for driveway construction. Subdivision II. Driveway Approaches. Sec. 43-78.   Specifications for materials used in construction. Sec. 43-79.   Placement and compaction of concrete. Sec. 43-80.   Finishing. Sec. 43-81.   Protection from vehicular traffic. Sec. 43-82.   Removal of curb and gutter where required. Sec. 43-83.   Maximum space to be occupied. Sec. 43-84.   Number of approaches permitted. Sec. 43-85.   Separation of driveway approaches. Sec. 43-86.   Location; provision for joint approaches. Sec. 43-87.   Minimum angle in relation to curb line. Sec. 43-88.   Minimum requirements for approaches near street intersections. Sec. 43-89.   Location of approaches near traffic interchanges, etc. Sec. 43-90.   Location of approaches at pedestrian crossings, etc., prohibited. Sec. 43-91.   Construction in existing angle parking areas prohibited; exceptions. Sec. 43-92.   Standing or parking of vehicles, etc., on driveway approaches prohibited. Sec. 43-93.   Abandonment; duty of abutting property owner to restore curb. Sec. 43-94.   Residential driveway approaches. Sec. 43-95.   Commercial driveway approaches. ARTICLE IV. SNOW AND ICE. Sec. 43-96.   Removal of snow and ice from sidewalks required. Sec. 43-97.   Covering snow and ice with sand, ashes, etc. Sec. 43-98.   Where removed snow and ice to be placed. Sec. 43-98.1.   Causing ice to form on streets and alleys. Sec. 43-98.2.   Enforcement. ARTICLE V. BUILDING NUMBERING. Sec. 43-99.   Owner or occupant to number buildings. Sec. 43-100.   Official numbering plan must be followed. Sec. 43-101.   Specifications for numbers. Sec. 43-102.   Odd and even numbers. Sec. 43-103.   Basic units of space for numbering. Sec. 43-104.   Numbering within building complexes. Sec. 43-105.   Directional signs within building complexes. Sec. 43-106.   Diagram of mall areas. Secs. 43-107 thru 43-110.   Reserved. ARTICLE VI. LICENSE FOR THE USE OF PUBLIC RIGHT-OF-WAY. Division 1. Licenses for Other than Bicycle Parking Devices, Valet Parking Services, and Newsracks. Sec. 43-111.   Definitions. Sec. 43-112.   Application; fee. Sec. 43-113.   Grant by city council. Sec. 43-114.   Terms and conditions; duration; right of termination reserved by city. Sec. 43-115.   Annual fee for use of public right-of- way. Sec. 43-115.1.   Special fees for the use of public right- of-way. Sec. 43-115.2.   Licenses for subdivision signs. Sec. 43-115.3.   Sidewalk Cafe Design Standards Manual. Sec. 43-116.   Temporary license. Sec. 43-117.   Penalties. Sec. 43-118.   Breach by grantee. Sec. 43-119.   Waiver. Division 2. Bicycle Parking Devices. Sec. 43-120.   Definitions. Sec. 43-121.   License required; application; issuance. Sec. 43-122.   Denial or revocation of license. Sec. 43-123.   Expiration of license. Sec. 43-124.   Standards for installation, operation, and maintenance of a bicycle parking device. Sec. 43-125.   Location of a bicycle parking device. Sec. 43-126.   Restrictions on the use of a bicycle parking device prohibited. Sec. 43-126.1.   Indemnification. Sec. 43-126.2.   Restoration of the right-of-way. Division 3. Valet Parking Services. Sec. 43-126.3.   Definitions. Sec. 43-126.4.   Purpose. Sec. 43-126.5.   License required; application; issuance. Sec. 43-126.6.   Fees. Sec. 43-126.7.   Denial or revocation of license; temporary suspension. Sec. 43-126.8.   Expiration of license. Sec. 43-126.9.   Standards for operation of a valet parking service. Sec. 43-126.10.   Valet parking service stands. Sec. 43-126.11.   Location of a valet parking service. Sec. 43-126.12.   Insurance. Sec. 43-126.13.   Indemnification. Sec. 43-126.14.   Signs. Division 4. Newsracks. Sec. 43-126.15.   Purpose and intent. Sec. 43-126.16.   Definitions. Sec. 43-126.17.   License and decal required. Sec. 43-126.18.   License application; issuance of license; and display of decals. Sec. 43-126.19.   Conditions of a license and annual fees. Sec. 43-126.20.   Denial or revocation of a license. Sec. 43-126.21.   Appeal from license denial or revocation. Sec. 43-126.22.   Expiration and renewal of a license. Sec. 43-126.23.   Allocation of freestanding newsrack locations. Sec. 43-126.24.   Standards for installation, operation, and maintenance of newsracks. Sec. 43-126.25.   Locational requirements for newsracks. Sec. 43-126.26.   Display and distribution of harmful materials through newsracks. Sec. 43-126.27.   Restoration of the right-of-way. Sec. 43-126.28.   Removal of newsracks and publications. Sec. 43-126.29.   Multiple newsrack unit zones. Sec. 43-126.30.   Split-door newsracks. Sec. 43-126.31.   Violations; penalty. ARTICLE VII. SALE OF MERCHANDISE AND PRODUCE ON STREETS AND SIDEWALKS. Sec. 43-127.   Unlawful solicitation at the convention center and reunion arena. Sec. 43-128.   Reserved. Sec. 43-129.   Causing crowd to congregate on sidewalk. Secs. 43-130 thru 43-132.   Reserved. Sec. 43-133.   Use of sidewalk for display of merchandise. Sec. 43-134.   Use of sidewalk to forward or receive merchandise. ARTICLE VIII. CERTAIN USES OF PUBLIC RIGHT-OF-WAY. Sec. 43-135.   Definitions. Sec. 43-136.   Director’s authority; enforcement; offenses. Sec. 43-137.   Registration; other requirements. Sec. 43-138.   Plans of record. Sec. 43-139.   Permit required; exceptions; conditions; denial and revocation. Sec. 43-139.1.   Network nodes and related infrastructure. Sec. 43-140.   Insurance and indemnity requirements; exceptions. Sec. 43-140.1.   Performance bond; letter of credit; cash deposit. Sec. 43-140.2.   Waiver of bonding requirements. Sec. 43-141.   Miscellaneous requirements for street excavation and installations, trench safety, and above ground utility structures. Sec. 43-142.   Restoration requirements. Sec. 43-143.   Clearance for street paving and storm drainage projects. Sec. 43-144.   Conformance with public improvements. Sec. 43-145.   Improperly constructed facilities. Sec. 43-146.   Emergency repairs. Sec. 43-147.   Effect of article on persons engaged in construction. Sec. 43-148.   Marking existing underground utilities. ARTICLE IX. DRIVEWAYS GENERALLY. Sec. 43-149.   Director defined. Sec. 43-150.   Driveways not to be within three feet of poles, etc. Sec. 43-151.   Removal of poles, etc., to permit construction of driveways - Required. Sec. 43-152.   Same - Plans to be approved by director. Sec. 43-153.   Same - Allocation of costs for relocation. Sec. 43-154.   Permit for driveway to be issued after poles, etc., removed. Sec. 43-155.   Appeals. Sec. 43-156.   Fee where poles, etc., to be relocated. ARTICLE X. SHARED DOCKLESS VEHICLE OPERATING PERMIT. Sec. 43-157.   Definitions. Sec. 43-158.   General authority and duty of director. Sec. 43-159.   Establishment of rules and regulations. Sec. 43-160.   Operating authority permit. Sec. 43-161.   Application for operating authority permit. Sec. 43-162.   Changes to information in operating authority application. Sec. 43-163.   Expiration of operating authority permit. Sec. 43-164.   Refusal to issue or renew operating authority permit. Sec. 43-165.   Suspension or revocation of operating authority permit. Sec. 43-166.   Appeals. Sec. 43-167.   Nontransferability. Sec. 43-168.   Reserved. Sec. 43-169.   Reserved. Sec. 43-170.   Insurance requirements. Sec. 43-171.   Reserved. Sec. 43-172.   Vehicle fee and ride fee. Sec. 43-173.   Performance bond or irrevocable letter of credit. Sec. 43-174.   Enforcement. Sec. 43-175.   Criminal offenses. ARTICLE I. IN GENERAL. SEC. 43-1.   RESERVED. (Repealed by Ord. 22413) SEC. 43-2.   DRIVING HORSES, CATTLE, ETC., ON CERTAIN STREETS FORBIDDEN.    It shall not be lawful for any person to drive or have any drove of horses, cattle, sheep or hogs in any park or street in the city. (Code 1941, Art. 139- 2) SEC. 43-3.   MOVING HORSES AND VEHICLES AT REQUEST OF STREET CLEANER.    No person in charge of horses and vehicles on the streets or alleys of the city shall fail or refuse to move the same when requested so to do by any street cleaner when engaged in cleaning the streets or alleys. (Code 1941, Art. 139-3) SEC. 43-4.   FRUIT STANDS, STALLS, ETC., ON SIDEWALKS.    No person shall have or maintain any fruit stand, huckster’s stand or other stall on any sidewalk in the city. (Code 1941, Art. 139-4) SEC. 43-5.   ATTRACTING CROWDS ON SIDEWALKS.    No person shall, by loud talking, unusual acts or exhibitions, attract a crowd on any sidewalk or refuse to desist when requested to do so by any police or other officer. (Code 1941, Art. 139-5) SEC. 43-6.   UNSAFE SCAFFOLDS.    No person shall erect, use or cause or suffer to be erected or used within the city any insecure or unsafe scaffold, whereby the safety of persons working thereon or passing thereunder may be in any manner endangered. (Code 1941, Art. 139-6) SEC. 43-7.   OPEN CELLAR OR TRAP DOORS; PERMITTING SIDEWALK TO REMAIN IN DISREPAIR.    A person commits an offense if he:       (1)    keeps, leaves open, or allows to be left open any cellar door, trap door, sidewalk lift, or grating of any vault in or upon any sidewalk, street, or passageway;       (2)    makes, keeps, or maintains any uncovered opening in any sidewalk or footway; or       (3)    allows any sidewalk or footway, which it is the person’s duty to maintain or repair, to become broken or continue so broken, uneven, or out of repair. (Code 1941, Art. 139-7; Ord. Nos. 19963; 21186) SEC. 43-8.   EACH DAY OBSTRUCTION REMAINS DEEMED SEPARATE OFFENSE.    Every day that any partial or entire obstruction shall remain upon any sidewalk in the city shall be considered a violation of the regulations contained in this article and shall constitute a separate offense and be punished as such. (Code 1941, Art. 139-9) SEC. 43-9.   GLASS TO BE REMOVED FROM HIGHWAY AFTER A WRECK.    Any person removing a wrecked or damaged vehicle from a highway shall remove any glass or other injurious substance dropped upon the highway from such vehicle. (Code 1941, Art. 86-61) SECS. 43-10 THRU 43-11.   RESERVED.    (Repealed by Ord. 13764) SEC. 43-12.   DEPOSITING TRASH ON STREETS AND SIDEWALKS.    No person shall sweep out or deposit on any of the sidewalks or streets of the city any loose paper, filth or trash of any kind.    All persons using cans or barrels as trash containers shall have them emptied and all trash deposited therein removed at least once in every 24 hours. (Code 1941, Arts. 140-1, 140-2) SEC. 43-13.   TRASH, ETC., NOT TO ACCUMULATE OR REMAIN ON SIDEWALKS.    No property owner, occupant or agent of any property that abuts or adjoins any paved street in the city shall allow or permit any animal or vegetable substance whatever, any tin, glass or pieces of iron or any trash, mud, slop, refuse matter or filth of any kind or description whatever to accumulate or remain on any part of the sidewalk abutting or adjacent to the premises owned or occupied by such person on such paved street in the city. (Code 1941, Art. 140-4) SEC. 43-14.   LEAVING RUBBISH IN STREET AFTER COMPLETION OF BUILDING. No person who has occupied a portion of a street for building purposes shall leave any rubbish in the street after the completion of such building and the expiration of the time of permit. Any person violating this article is guilty of an offense for each day rubbish is so left. (Code 1941, Art. 140-6; Ord. 19963) SEC. 43-15.   ALLOWING WEEDS, GRASS, ETC., TO OBSTRUCT GUTTERS AND SIDEWALKS.    No owner, agent or occupant of any lot in the city shall allow weeds or grass to grow or remain upon the sidewalks so as to obstruct the sidewalks or gutters fronting or abutting on any lot of which they may be the owner, agent or occupant. A person who fails to remove or to have removed such weeds or grass on the sidewalk or gutters in front of, adjoining or abutting on his lot, after 10 days notice to remove them, is guilty of an offense. Each day after notification is a separate offense. (Code 1941, Art. 140-8; Ord. 19963) SEC. 43-16.   THROWING FRUIT PEELINGS ONSIDEWALKS.    No person shall throw banana peelings or fruit peelings of any kind upon any public sidewalk in the city. (Code 1941, Art. 140-9) SEC. 43-17.   PLAYING BALL, THROWING STONES, ETC., IN STREETS.    No person shall play at a game of ball, practice at passing a ball, throw stones, use a slingshot or sling, or discharge gravel, marbles, shot or any other object or anything, out of a gravel shooter, blow gun or other device of like kind or character along, across or upon any highway, street or alley in the city. (Code 1941, Art. 140-10; Ord. 12700) SEC. 43-18.   SKATING ON STREETS AND SIDEWALKS.    No person shall skate on roller skates or otherwise along, upon or across any street in the city except when crossing a street at an authorized pedestrian crossing. Whenever a person is skating on a sidewalk either on roller skates or skate board, the person shall yield the right of way to any pedestrian using such sidewalk. (Code 1941, Art. 140-11; Ord. Nos. 11003; 16691) SEC. 43-19.   MIXING CONCRETE ON PAVED STREETS.    No person shall mix concrete on any paved street in the city except on a platform or in a box or other receptacle so constructed as to prevent the concrete from falling on the pavement of such street. (Code 1941, Art. 140-12) SEC. 43-20.   RESERVED.    (Repealed by Ord. 14762) SEC. 43-21.   PERMITS REQUIRED FOR ALTERATIONS, OBSTRUCTIONS, ETC., OF SEWERS, GUTTERS, ETC.    No person, under any pretext whatever, shall interfere with, obstruct, injure or alter in any manner any sewer, culvert, gutter or drain in the city without a written permit from the city engineer. Each day such interference, obstruction, alteration or injury shall be permitted to remain after a notification by the city engineer to remove the same shall constitute a separate offense. (Code 1941, Art. 140-14) SEC. 43-22.   MARKING SIDEWALKS WITH STENCILS, ETC.    No person shall deface by placing upon a sidewalk in the city any marks or signs by stencils or otherwise of any nature or character whatsoever. (Code 1941, Art. 140-15) SEC. 43-23.   INJURING OR DEFACING STREET SIGNS AND SIGNPOSTS.    No person shall abuse, deface or injure any street signs maintained on the streets by the city by throwing any rocks, stones or other hard substances against same, by scratching or defacing same in any manner, or otherwise injuring same in any manner, or injure or deface the posts upon which such signs are erected by throwing any rocks, stones or other hard substances against same or by scratching, cutting or defacing same in any manner. (Code 1941, Art. 140-16) SEC. 43-24.   HEAVY ARTICLES NOT TO BE CARRIED ALONG SIDEWALKS.    No person shall move or carry any safe or other heavy article over, across, along or upon any sidewalk in the city or over, along, across or upon any timbers or other substance resting either wholly or partially upon any sidewalk. (Code 1941, Art. 140-23) SEC. 43-25.   RESERVED.    (Repealed by Ord. 12408) ARTICLE II. AWNINGS. SEC. 43-26.   HEIGHT ABOVE SIDEWALK.    No person shall erect or construct any awnings on, over or across any sidewalk in the city lower, at any point, than eight feet from the surface of the sidewalk. (Code 1941, Art. 139-8; Ord. 20743) SEC. 43-27.   FASTENING TO BUILDINGS; SUPPORTS.    All awnings shall be securely fastened to the side of the building and shall be firmly supported by iron brackets. (Code 1941, Art. 139-8) SEC. 43-28   COVERINGS TO BE FIREPROOF; EXCEPTIONS.    All awnings, except cloth awnings, within the fire limits, shall be covered with tin, sheet iron, zinc or some fireproof material. (Code 1941, Art. 139-8) SEC. 43-29.   AWNING POSTS.    No person shall erect any awning post on any sidewalk in the city. All awning posts now standing on any sidewalk shall be removed as soon as the awnings they support are removed for repairs or other purposes. (Code 1941, Art. 139-8) SEC. 43-30.   EXTENDING OVER PUBLIC PROPERTY.    No awning shall extend over public property further than to the outer edge of the sidewalk. (Code 1941, Art. 139-8) ARTICLE III. CONSTRUCTION AND REPAIR OF SIDEWALKS, CURBS AND DRIVEWAY APPROACHES. Division 1. Generally. Subdivision I. In General. SEC. 43-31.   PURPOSE OF ARTICLE.    The purpose and intent of this article is to provide minimum standards, provisions and requirements for safe and convenient access to abutting private property along streets, roads and highways and to provide for suitable materials and methods of construction of sidewalks, driveways, curbs, gutters and appurtenances on public property which are constructed, surfaced, paved, changed, altered, repaired, replaced, removed or eliminated or changed in use. The intent herein is to assure that access is provided to abutting private property with a minimum of interference with the free and safe movement of vehicular and pedestrian traffic, to prevent traffic congestion along the streets and to prevent or alleviate traffic congestion arising from vehicular entry to or exit from abutting private property. This article shall be deemed to be remedial and is enacted for the beneficial interests of the public and for the public safety and general welfare. The right of the public to the free and unhampered passage on the streets and sidewalks shall be held paramount to other interest. (Ord. 8590) SEC. 43-32.   DEFINITIONS.    In this article:       (1)   ANGLE PARKING means parking where the longitudinal axis of a vehicle forms an angle with the alignment of the roadway.       (2)   ARTERIAL means a street designated as either a principal or minor arterial in the city’s thoroughfare plan.       (3)   A.S.T.M. (AMERICAN SOCIETY FOR TESTING MATERIALS) means any publication, pamphlet, booklet, book, or document referred to by number, letter, or other designation in this article in connection with this definition, as amended. Such publication is a part of this article and incorporated into this article by reference.       (4)   CONTRACTOR means any person engaged in the business of installing or altering walks, drives, curbs, gutters, or pavements or appurtenances on public property. This term also includes those who represent themselves to be engaged in the business whether actually doing the work or not and includes any person who subcontracts to do such work.       (5)   CURB means a vertical or sloping member along the edge of a pavement forming part of a gutter, strengthening or protecting the pavement edge, and clearly defining the pavement edge to vehicle operators. The surface at the curb facing the general direction of the pavement is called the “face.”       (6)   DIRECTOR means the director of the department designated by the city manager to enforce and administer this article, or the director’s authorized representative.       (7)   DRIVEWAY APPROACH means an area, construction, or facility between the roadway of a public street and private property intended to provide access for vehicles from the roadway of a public street to private property.       (8)   GUTTER means the artificially surfaced and generally shallow waterway provided usually at the side of the street adjacent to, and part of, the curb of the curb for the drainage of surface water.       (9)   INDENTED PARKING means angle parking or parallel parking adjacent to, but outside of, the travel lane of a public roadway where a portion of the public roadway is required for maneuvering into or out of the parking space.       (10)   INTERSECTION means the area embraced within the prolongation of connection of the edges of the roadway of two or more streets that join at an angle whether or not one such street crosses the other. Where a street includes two roadways 30 feet or more apart, then each crossing of each roadway of such divided street by an intersecting street is regarded as a separate intersection. If the intersecting street also includes two or more roadways 30 feet or more apart, then each crossing of each roadway of such street is regarded as a separate intersection.       (11)   OFF-STREET PARKING means a type of parking wherein the maneuvering of the vehicle while parking and unparking, as well as the actual parking itself, is done entirely on private property.       (12)   ROADWAY means that portion of a highway, street, or road that is improved, designed, or ordinarily used for vehicular travel. If a street includes two or more separate roadways, the term “roadway” refers to each roadway separately and not to all roadways collectively.       (13)   SIDEWALK OR WALK means that portion of a street between the curb lines or the lateral lines of a roadway and the adjacent property lines that is for the use of pedestrians.       (14)   SINGLE FAMILY DISTRICT means any of the single family districts described in Section 51A-4.112 of the Dallas Development Code, as amended.       (15)   STREET means a public way for purposes of vehicular travel, including the entire area within the right of way. This term in urban areas means a highway or street and in rural areas means a highway or road.       (16)   STREET SEGMENT means the portion of a street between two intersections.       (17)   TRAFFIC ISLAND means a barrier within a roadway to exclude vehicles, designed for the purpose of separating or directing streams of vehicular traffic. (Ord. Nos. 8590; 21186; 22026; 27227) SEC. 43-33.   LIABILITY OF ABUTTING PROPERTY OWNERS FOR INJURIES CAUSED BY DEFECTIVE SIDEWALKS.    The abutting property owner or person enjoying the use of any property abutting on a sidewalk that has become defective and has resulted in causing damage or injury as a result of such defective condition shall be primarily liable in damages for any loss or damage sustained as a result of such defective condition. The city shall not be held as assuming any such liability by reason of inspection or reinspection authorized herein or by reason of the approval or disapproval of any access, facilities, surfacing or appurtenance not made in accordance with standards or specifications of this article. (Ord. Nos. 8590; 15123) SEC. 43-34.   LIABILITY OF PERSONS MAKING SPECIAL USE OF SIDEWALKS.     It shall be the duty of any property owner, landlord, tenant, lessee, sublessee, person, firm or corporation making special use of any sidewalk for the purpose of ingress or egress, for loading elevators, downspout drains or any other special use of whatsoever kind or character, whether recited herein or not, to keep such sidewalk, parkway and driveway abutting such property in a good and safe condition and free from any defects or hazards of whatsoever kind and character. Such special user shall be liable in damages for any loss or damage sustained as a result of any defective condition of the sidewalk, driveway, loading elevator, downspout drain or any other special use or facility of whatsoever kind or character. (Ord. Nos. 8590; 15123) SEC. 43-35.   ADMINISTRATION AND ENFORCEMENT OF ARTICLE; POLICE POWER OF DIRECTOR.    The director shall administer and enforce this article and, for this purpose, shall have police power. (Ord. Nos. 8590; 22026) SEC. 43-36.   DIRECTOR NOT PERSONALLY LIABLE FOR GOOD FAITH ACTIONS.    When action is taken by the director to enforce this article, such action is in the name of and on behalf of the city, and the director so acting for the city is not personally liable for any damage that may accrue to persons or property as a result of any action committed in good faith in the discharge of official duties. Any suit brought against the director by reason thereof will be defended by the city attorney throughout the proceedings. (Ord. Nos. 8590; 22026) SEC. 43-37.   AUTHORITY OF DIRECTOR GENERALLY.    (a)   The director has authority to take the legal steps necessary to secure compliance with this article.    (b)   The director has the right to enter any premises in the discharge of official duties or for the purpose of making any inspection, reinspection, or test or otherwise to ensure compliance with this article.    (c)   The director has the power to inspect or reinspect surfacing and the laying of surfacing materials and issue notices or affix them to premises or to reject surfacing materials not meeting the standards provided in this article, and shall have such other powers provided in this article. The director has the power to control and regulate improvements and facilities placed upon public property and the power to cause to be removed all obstructions and encroachments not in conformance with a valid permit and the requirements of this article. (Ord. Nos. 8590; 22026) SEC. 43-38.   EFFECT OF ARTICLE ON RESPONSIBILITY FOR DAMAGES.    This article shall not be construed to relieve from or to lessen the responsibility or liability for damages of any person owning, controlling or installing any surfaces to persons or property caused by any defect therein. (Ord. 8590) SEC. 43-39.   CONSTRUCTION PERMIT - REQUIRED.    No person shall construct, reconstruct, alter, repair, remove, replace, pave, repave, surface or resurface any walk, drive, curb, gutter, paved area or appurtenance on public property in the city without first obtaining from the building inspector a permit so to do. (Ord. 8590) SEC. 43-40.   SAME - APPLICATION - INFORMATION TO BE FURNISHED BY APPLICANTS.    To obtain a permit as required by the preceding section, a bonded contractor or his authorized representative shall file with the building inspector an application in writing therefor on a form to be furnished for that purpose. Such bonded contractor shall be registered with the building inspector and shall furnish a list of the authorized representatives who are to secure permits for him. Each application for a permit shall describe the abutting property adjacent to which the proposed work on public property is to be done, either by lot, block or tract and house number, location on the street or similar description which will readily identify and definitely locate the site of the proposed work. Each applicant shall give such other pertinent information as shall be required by the building inspector. (Ord. 8590) SEC. 43-41.   SAME - SAME - LOT PLAN TO BE FURNISHED WHEN REQUESTED.    When required by the building inspector, an applicant for a permit shall file a lot or plot plan in triplicate showing the following:    (1)   The exact location of the proposed building or structure.    (2)   Every existing building or structure on abutting property.    (3)   Every existing facility on public property adjacent thereto to the center line of the street right of way.    (4)   All proposed walks, drives, curbs, gutters, pavements, public utility poles, fire hydrants, gas meters, water meters, storm sewer inlets, manholes or any other appurtenances.    Such plan shall be drawn to scale upon substantial paper and shall be of sufficient clarity to indicate the nature, character and extent of the work proposed, and shall show in detail that the work will conform to this article and to all related rules and regulations. Plans submitted at the time an application is made as provided in the Building Code, for construction on abutting property, may be used to meet this requirement. (Ord. 8590) SEC. 43-42.   SAME - EXPIRATION; NEW PERMITREQUIRED BEFORE RECOMMENCING WORK.    Each permit shall expire and become null and void if the work authorized therein is not commenced within six months of the date of permit or if the work authorized by the permit is suspended or abandoned after the expiration of the initial six month period. Before the work may be recommenced a new permit shall be obtained. No permit issued in violation of this article shall operate as granting any vested right, and such permit shall be deemed to be null and void and confer no right whatsoever under it. (Ord. 8590) SEC. 43-43.   SURETY BOND - REQUIRED.    No person shall construct, reconstruct or repair any sidewalk, curb, gutter or driveway approach in the city without executing and delivering to the city a bond in the sum of $2,000, payable to the city of Dallas, Dallas County, Texas, with a good and sufficient corporate surety thereon, authorized to do business in the state, (Ord. 8590) SEC. 43-44.   SURETY BOND - CONDITIONS OF ISSUANCE.    (a)   The surety bond required by Section 43-43 must include the following conditions:       (1)   that all work is done in a good and workmanlike manner and in faithful and strict compliance with the specifications and with the terms of this article and such ordinances, resolutions, or regulations that may be passed by the governing body relating to the construction, reconstruction, or repair of sidewalks, curbs, gutters, or driveway approaches;       (2)   that the city must be fully indemnified and be held whole and harmless from any and all costs, expense, or damage, whether real or asserted, on account of any injury done to any person or property in the prosecution of such work, or that may arise out of or be occasioned by the performance of such work;       (3)   that the person performing the work shall, without additional cost to the person for whom the work was done, maintain all construction for a period of five years from the date of the construction, reconstruction, or repair, to the satisfaction of the director, and reconstruct or repair the facility to the satisfaction of the director at any time within five years after the construction, reconstruction, or repair of such facility, and after 10 days’ notice from the director to reconstruct or repair the same.    (b)   The opinion of the director as to the necessity of such reconstruction or repair is binding on all parties, and the bond must for such purpose be in force for five years after the construction, reconstruction, or repair of the facility. One recovery may not exhaust the bond, but the bond must be a continuing obligation against the sureties on it until the entire amount provided for is exhausted.    (c)   If the bond is decreased because of any recovery that may be obtained, arising out of the violation of any condition of the bond, the governing body shall require, upon receiving notice of that fact, an additional bond to be given by any person in accordance with this article in an amount sufficient, when added to the unexhausted amount of the original bond, to be at all times equal to the sum of $2,000.    (d)   The city may for itself, or for the use and benefit of any person injured or damaged by reason of any defective construction, reconstruction, or repair of any sidewalk, curb, gutter, or driveway approach by any person, firm, or corporation, maintain suit on the bond in any court having jurisdiction, or suit may be maintained by any person injured or damaged by reason of the failure of any person, firm, or corporation who constructs, reconstructs, or repairs any sidewalk, curb, gutters or driveway approach in the city to observe the conditions of the bond. (Ord. Nos. 8590; 22026) SEC. 43-45.   SAME - EFFECT OF ARTICLE ON PERSONS NOW ENGAGED IN CONSTRUCTION, ETC.    Nothing in this article shall affect the bond of any person, firm or corporation now engaged in constructing, reconstructing or repairing such facilities which have already been executed in accordance with the terms of existing city laws, nor shall this be construed to in any manner diminish the liability of any surety or principal on such bond. No person having a bond to construct, reconstruct, alter, repair, remove or replace sidewalks, curbs, gutters or driveways on public property within the city shall be permitted to take out a permit for the reconstruction, alteration or repair of any such facility on any public property within the city and allow any person other than the bona fide holder of such bond to do any of the work. No permit for the construction, alteration or repair of any sidewalk, curb, gutter or driveway on any public property within the city shall be granted unless the five year maintenance bond provided for herein shall be in full force and effect at the time of request for such permit and the doing of the work. (Ord. 8590) SEC. 43-46.   STANDARDS FOR RAW MATERIALS USED IN CONSTRUCTION.    Materials used in sidewalks, curbs, drives, gutters, and pavements shall be in accordance with the following standards:    CEMENT. Portland cement shall conform to the Standard Specifications for Portland Cement (Serial Designation C-150-56) of the A.S.T.M. High-Early- Strength Portland Cement shall conform to the standard specifications for High- Early-Strength Portland Cement (Serial Designation C-150-56) of the A.S.T.M.     FINE AGGREGATE. Fine aggregate shall consist of a natural sand or a combination of natural sand and not more than 50 percent of stone screenings. Sand shall be uniformly graded, composed of clean, hard, durable particles of natural materials free from adherent coatings. It shall contain no lumps, soft or flaky particles, clay, loam, foreign, organic, or other deleterious matter. Stone screenings shall consist of the clean, dustless product resulting from the crushing of stone or gravel, meeting all the requirements for coarse aggregate except for grading. Fine aggregate containing more than five per cent by weight of deleterious substances shall not be used. Fine aggregate shall be well graded in size from coarse to fine, and shall conform to the city of Dallas Addendum to the Public Works Construction Standards – North Central Texas as Published by the North Central Texas Council of Governments, current edition.    All tests for fine aggregate shall be made in accordance with the current applicable methods of tests of the A.S.T.M.    COARSE AGGREGATE. Coarse aggregate shall consist of the uniformly graded, clean, hard, durable, uncoated particles of natural gravel or crushed stone or gravel, free from adhering coatings. Coarse aggregate shall not contain more than five per cent by weight of deleterious substances. Coarse aggregate shall be well graded in size from coarse to fine, and shall conform to the city of Dallas Addendum to the Public Works Construction Standards – North Central Texas as Published by the North Central Texas Council of Governments, current edition.    All tests for coarse aggregate shall be made in accordance with the current applicable methods of tests of the A.S.T.M.    PIT-RUN AGGREGATE. Pit-run aggregate will be permitted provided that portion passing the No. 4 sieve shall conform to these specifications for fine aggregate, and that portion retained on the No. 4 sieve shall conform to these specifications for coarse aggregate.    WATER. Water used in mixing and curing concrete and mortar shall be clean and free from oil, acid, alkali, foreign organic matter, or other deleterious substances. (Ord. Nos. 8590; 31313) SEC. 43-47.   SPECIFICATIONS FOR CONCRETE REINFORCING STEEL.    Material for reinforcement shall conform to requirements of the Standard Specifications for Billet Steel Bars for Concrete Reinforcement (A.S.T.M. Designation A-15-57T) for structural, intermediate or hard grade; or for Rail Steel Bars for Concrete Reinforcement (A.S.T.M. Designation A-16-57-T) or for Axle Steel Bars for Concrete Reinforcement (A.S.T.M. Designation A-160-57T) or for Cold-Drawn Steel Wire for Concrete Reinforcement (A.S.T.M. Designation A- 82-34) or for Welded Steel Wire Fabric for Concrete Reinforcement (A.S.T.M. Designation A-185-56T). All reinforcement shall be free from rust, scale, oil, paint and other substances which prevent bonding to the concrete. (Ord. 8590) SEC. 43-48.   SPECIFICATIONS AND PLACEMENT OF CONCRETE EXPANSION JOINT FILLER.    Expansion joint filler shall be of the pre-moulded type, one-half inch in thickness; the width shall conform to the section of concrete in which incorporated. Expansion joint filler shall be placed where new work abuts old concrete work. Upon completion of the work, expansion joint filler shall be cut off level with the top of the finished concrete. Expansion joint filler shall conform to the Standard Specifications for Bituminous Types (A.S.T.M. Designation D-994-53) or Non-extruding and Resilient Types (A.S.T.M. Designation D-544-56T). (Ord. 8590) SEC. 43-49.   SUBGRADE DETERMINATION.    Foundations or subgrades for all work shall be set at the grades determined by the director. Inspection of such foundation or subgrade must be made and approved by the director before concrete is placed on it. (Ord. Nos. 8590; 22026) SEC. 43-50.   FORM, SPECIFICATIONS, AND PLACEMENT.    Forms must be straight, smooth, free from warps, and aligned with the stakes set by the director and must be of sufficient strength to retain this alignment. Depth must be not less than the total thickness of the section for which used. Forms must be securely staked, anchored, braced, and set to the established line and grade, the upper edge conforming to the grade of the finished work. Forms must be cleaned of all mortar and dirt. Surface for forms next to concrete may be required to be oiled. Forms must be of either wood or metal. (Ord. Nos. 8590; 22026) SEC. 43-51.   CONCRETE - INGREDIENTS AND CONSISTENCY REQUIRED.    Concrete shall consist of a mixture of Portland cement, fine and coarse aggregate and water in such proportions that will secure a dense, plastic, workable concrete of the strength specified at 28 days. The quantity of water specified per sack of Portland cement shall include the moisture on the surface of the aggregate, but shall not include the amount of water absorbed by the aggregates in 30 minutes. Concrete which has partially set shall not be retempered or remixed by adding additional ingredients. Concrete shall not be mixed during freezing weather, and shall not be placed when the temperature is 40°F. or less. No frozen ingredients or conglomerates shall be used in concrete. Test for slump of concrete shall be made in accordance with the Method of Test for Consistency of Portland Cement Concrete (Serial Designation C-143-52) of the A.S.T.M. All tests for ingredients and concrete shall be made in accordance with the current applicable methods of tests of the A.S.T.M. (Ord. 8590) SEC. 43-52.   SAME - PLACEMENT.    Concrete shall be placed in as near its final position as possible, and in such manner as to prevent separation or segregation of the ingredients. Concrete shall be placed in such quantities that after being thoroughly compacted it will be the required thickness, the upper surface true, uniform and parallel to the finished surface. (Ord. 8590) SEC. 43-53.   SAME - PROTECTING AGAINST EXTREME TEMPERATURES, ETC.    Concrete shall be protected against freezing or excessive heat. Concrete shall be kept continuously moist for four days. Concrete shall be protected from traffic until it has developed 80 percent of the required strength. (Ord. 8590) SEC. 43-54.   EXAMINATION AND APPROVAL OF MATERIALS PRIOR TO USE.    The director may inspect any and all materials before pouring the concrete. The contractor shall furnish the required samples when requested for the making of tests and other required examinations prior to the use of the materials. (Ord. Nos. 8590; 22026) SEC. 43-55.   ALL WORK TO COMPLY WITH ESTABLISHED LINES AND GRADES.    The work authorized by construction permits issued pursuant to this article must be aligned with the stakes and set to the grade as determined by the director. (Ord. Nos. 8590; 22026) SEC. 43-56.   PROTECTION OF GRADE AND LINE STAKES.    Stakes set by the director must be protected by the contractor. Grade and line stakes must be set by the director upon request. (Ord. Nos. 8590; 22026) SEC. 43-57.   LIGHTS AND SAFEGUARDS.    The contractor shall provide necessary red lanterns and flares and safeguards so placed that pedestrians will not be injured and vehicular traffic shall not be unnecessarily impeded and be protected from injury. Provisions shall be made for the passage of water in the street gutter. (Ord. 8590) SEC. 43-58.   REMOVAL OF DEBRIS, ETC., UPON COMPLETION OF WORK.    Immediately upon completion of the work the contractor shall remove from the area all unused material, dirt, debris and loose concrete. He shall see that the entire area is broom clean and usable. (Ord. 8590) SEC. 43-59.   CONSTRUCTION OF RETAINING WALLS ON PUBLIC PROPERTY.    No buttresses, steps, projections, retaining walls or fences shall be constructed on any public property unless such construction is approved by the city council. (Ord. 8590) SEC. 43-60.   TRAFFIC BARRIERS FOR SERVICE STATIONS AND PARKING LOTS.    Premises used as motor vehicle service stations or parking lots shall have a six inch raised curb or other approved traffic barrier along the entire street frontage except at the driveway approaches and access walks. (Ord. 8590) SEC. 43-61.   SAME - PLACEMENT OF CURBS.    The curb for traffic barriers required by the preceding section shall be placed so that automobile bumpers shall not extend over the sidewalk or public property. (Ord. 8590) SEC 43-62.   INDENTED PARKING.    (a)   No indented parking is allowed in the city except as approved in accordance with this section.    (b)   The director may approve an application for indented parking if:       (1)   the speed limit for the portion of the public roadway required for maneuvering into or out of the proposed indented parking space or spaces is 35 miles per hour or less;       (2)   the director determines that the proposed indented parking would not constitute a traffic hazard; and       (3)   the application is not required to be denied on the basis of property owner objections under Subsection (e).    (c)   An application for indented parking must be submitted to the director, along with a nonrefundable application fee of $50, and include:       (1)   a schematic drawing that:          (A)   shows the proposed parking lay- out, the roadway pavement, adjacent uses, nearby right-of-way, curbs, sidewalks, utility poles, street lighting poles, and other above-ground objects;          (B)   shows that all geometric, operational, and safety issues have been addressed and mitigated;          (C)   is prepared by a professional engineer who is registered in Texas and certified as a professional traffic operations engineer by the Institute of Transportation Engineers; and          (D)   complies with all available standards and best practices for angle parking or parallel parking; and       (2)   any other information the director deems necessary.    (d)   If, after reviewing the application, the director determines that the proposed indented parking meets the requirements of Subsections (b)(1) and (b) (2), but is located within 200 feet of a single family district, then the director shall send written notice of the indented parking proposal to all property owners located within 200 feet of the proposed indented parking. The notice must be given by depositing the notice properly addressed and postage paid in the United States mail to the property owners as evidenced by the last approved city tax roll.    (e)   After receiving a notice under Subsection (d), a property owner has 14 days from the date the notice is mailed to file an objection to the indented parking proposal with the director. If any property owner notified under Subsection (d) timely files an objection with the director, then the director shall deny the application for indented parking.    (f)   If the only basis for director’s denial is that an objection was timely filed under Subsection (e), then the applicant may appeal the denial to the city plan commission. A written request for an appeal must be signed by the applicant or its legal representative and filed with the director within 15 days after the date the director’s decision is issued. The appeal request must be accompanied by an appeal filing fee of $800.    (g)   The city plan commission shall hold a public hearing to allow interested parties to express their views regarding the appeal. The director shall give notice of the public hearing in a newspaper of general circulation in the city at least 10 days before the hearing. In addition, the director shall send written notice of the hearing to all property owners located within 200 feet of the proposed indented parking. The notice must be given not less than 10 days before the date set for the hearing by depositing the notice properly addressed and postage paid in the United States mail to the property owners as evidenced by the last approved city tax roll.    (h)   At the public hearing, the city plan commission shall determine whether the requested parking would detrimentally affect neighboring property. The city plan commission may reverse or affirm, in whole or in part, or modify the decision of the director based upon testimony presented at the public hearing, technical information provided by city staff, and the standards contained in this section. The decision of the commission is final.    (i)   For purposes of this section, measurements must be made in a straight line, without regard to intervening structures or objects, from the nearest point of any proposed indented parking space to the nearest point of the boundary of a single-family district or other property required to receive notice under Subsection (d) or (g).    (j)   Nothing in this section limits the authority of the city traffic engineer to approve parking under Chapter 28 of this code. (Ord. Nos. 8590; 11283; 27227) SEC. 43-63.   REPAIR OF DEFECTIVE SIDEWALKS OR DRIVEWAYS BY ABUTTING PROPERTY OWNERS.    (a)   When a sidewalk, driveway, or any appurtenance to a sidewalk or driveway becomes defective, unsafe, or hazardous, the abutting property owner shall reconstruct or repair the sidewalk, driveway, or appurtenance, and the expense of such work must be borne by the abutting property owner.    (b)   When a sidewalk, driveway, or appurtenance to a sidewalk or driveway is found to be defective, unsafe or hazardous, the director of public works or the director of code compliance shall notify the owner of the abutting property to reconstruct or repair the sidewalk, driveway, or appurtenance.    (c)   Any owner who fails to reconstruct or repair a defective, unsafe, or hazardous condition within 30 days after the date of the written notice from the director of public works or the director of code compliance to do so, or any owner who fails to begin such reconstruction or repair within 15 days after the date of such notice, is guilty of an offense. (Ord. Nos. 8590; 13898; 19963; 22026; 23694; 30239; 30654) SEC. 43-64.   MIXING CONCRETE OR MORTAR ON EXISTING PAVEMENT; UNUSED MIXTURE TO BE IMMEDIATELY REMOVED.    No person shall mix concrete or mortar or any mixture or substance containing cement on any existing pavement on public property nor leave or cause to be left any excess concrete or mortar or any mixture or substance containing cement on any existing pavement on public property, nor allow same to leak or fall from any container or receptacle onto pavement on public property. If any concrete, mortar or any mixture or substance containing cement is accidentally dropped or placed upon any pavement on public property within the city, the person responsible shall immediately remove same before such substance hardens or sets on the pavement. (Ord. 8590) SEC. 43-65.   SIDEWALK DRAINAGE OPENINGS TO HAVE METAL COVERS.    Wherever water from roofs of adjacent buildings is drained or conducted under sidewalks from downspout drains to the street gutters through aqueducts or concrete troughs, these openings in the sidewalk shall be fitted with strong metal covers, which shall be securely held in place with screws or other fasteners which will not rust or corrode. Such cover shall be set flush with the surface of the sidewalk and securely bolted, fastened or so constructed that it cannot slip, shift or become out of alignment with the surface of the sidewalk. (Ord. 8590) SEC. 43-66.   ALTERNATIVE MATERIALS AND CONSTRUCTION METHODS.    (a)   The provisions of this article do not prevent the use of types of construction or materials or methods of construction offered as an alternate for the types of construction or materials or methods of construction specifically required by this article, but such alternate types of construction or materials or methods of construction to be given consideration must be offered for approval as being sufficient, safe, and equal to the standards set out in this article. When specifically authorized by the building official, upon review of the access facilities and the types of construction or materials or methods of construction by the director, materials and construction that have been so approved must be used and installed in accordance with the terms of the approval. Such approvals and the conditions upon which they are issued must be specific, must be reasonable when considered in the light of convenience and safety to the general public, must not create an injustice, and must be made a matter of public record.    (b)   In unusual circumstances, the terms and provisions of this chapter may be varied by resolution of the city council. (Ord. Nos. 8590; 22026) Subdivision II. Sidewalks. SEC. 43-67.   MINIMUM DIMENSIONS; FINISHING.    Sidewalks shall be a minimum width of four feet and shall be four inches thick unless wider dimensions are required in the Street Design Manual of the city of Dallas. The surface may have a monolithic finish by floating with a wooden float until a slight excess of sand appears on the surfaces or may be brushed after troweling in lieu of floating. The edges of the sidewalk, markings and expansion joints shall be tooled to a smooth finish, not less than two inches in width. Exposed edges of the sidewalk shall be rounded with an edger to a radius of one-half inch. The surface of the sidewalk shall not be left with a slick or glossy finish. (Ord. 8590; 31313) SEC. 43-68.   CONCRETE SPECIFICATIONS.    (a)   The minimum compressive strength of the concrete and requirements for the quantity of mixing water and the concrete slump must conform to the city of Dallas Addendum to the Public Works Construction Standards – North Central Texas as Published by the North Central Texas Council of Governments, current edition.    (b)   The director may inspect the foundation and forms before concrete is poured.    (c)   Concrete must be thoroughly compacted so that the minimum thickness is four inches. Concrete must be free from honey-combing, rock pockets and segregation of ingredients. The addition of neat cement to concrete in order to absorb excess water or to accelerate hardening is prohibited. (Ord. Nos. 8590; 22026; 31313) SEC. 43-69.   FORM, PLACEMENT AND SLOPE.    Forms shall be set to provide for drainage from the property line to the curb line; the slope in general will be one-fourth inch per foot of width of sidewalk, and it shall not exceed one-fourth inch per foot of width of sidewalk. (Ord. 8590) SEC. 43-70.   JOINTS.    One-half inch expansion joints shall be spaced 25 to 30 foot intervals or as otherwise specified and shall be placed where new work abuts old work, or where new work is constructed adjacent to either concrete work, walls, foundations, etc. The expansion joints shall be filled with premoulded bituminous expansion joint filler or other approved type and shall extend the entire depth and width of the concrete section. Sidewalk markings shall be grooved three-eights inch deep on four to five foot centers. (Ord. 8590) Division 2. Material Specifications and Construction Methods. Subdivision I. Curbs and Gutters. SEC. 43-71.   DESCRIPTION; COMPOSITION OF CONCRETE AND MORTAR USED IN CONSTRUCTION.    Curb, curb and gutter and separate gutter shall consist of a concrete core and a mortar surface.    The minimum compressive strength of the concrete and requirements for the quantity of mixing water and the concrete slump must conform to the city of Dallas Addendum to Public Works Construction Standards – North Central Texas as published by the North Central Texas Council of Governments, current edition. Mortar shall be composed of one part Portland cement, one and one-half parts fine aggregate and water. (Ord. 8590; 31313) SEC. 43-72.   CONSTRUCTION OF JOINTS.    Three-fourths inch expansion joints shall be spaced at 25 to 30 foot intervals or as otherwise specified. The three-fourths inch expansion joints shall be filled with a three-fourths inch premoulded bituminous expansion joint filler or other approved type and shall extend the entire depth and width of the concrete section. Curb and gutter shall be grooved three-eights inch deep on five-foot centers. (Ord. 8590) SEC. 43-73.   FORMS.    Wooden forms shall have a nominal thickness of two inches, surfaced one side and one edge and shall be straight and devoid of warps, twists, knot holes and other defects to prevent leakage of concrete or mortar. (Ord. 8590) SEC. 43-74.   PLACEMENT OF CONCRETE AND MORTAR.    (a)   Foundation or subgrade for all work must be set at the grades determined by the director. The director may inspect the foundation, subgrade, and reinforcing before concrete is poured.    (b)   Concrete must be thoroughly compacted so that the minimum thickness conforms to the requirements of this article. Concrete must be free from honeycombing, rock pockets, and separation and segregation of ingredients. Upon completion of the concrete core, the one-half inch mortar surface must be placed while the core is still green, the work being carried on uniformly so that a perfect bond is obtained between the concrete core and mortar surface. (Ord. Nos. 8590; 22026) SEC. 43-75.   FINISHING.    The mortar surface shall be thoroughly troweled, not less than twice, to a uniformly smooth surface and brush finished. Exposed edges of the gutter and back of curb shall be rounded to a one-half inch radius. (Ord. 8590) SEC. 43-76.   PROTECTION OF NEW WORK FROM TRAFFIC; BACKFILLING.    Curb, curb and gutter and separate gutter shall be protected from vehicular traffic for not less than six days.    Earth or sand shall be used for backfill and shall be thoroughly compacted, care being taken not to injure the completed work. (Ord. 8590) SEC. 43-77.   FINAL DIMENSIONS; GUTTER RATIO REQUIRED FOR CURB FACING; DWELLING FOR DRIVEWAY CONSTRUCTION.    Curb and gutter shall have the back 12 inches deep and vertical. Curb shall be six inches thick at the top, face battered 1:3. The gutter shall be uniformly six inches thick and a minimum of 24 inches in width, except where gutter joins gutter of a greater width.    Where driveways are to be constructed, the curb may be laid back, radius begun and No. 3 (three-eights inch diameter) round bars, exposed 15 inches, placed on 24 inches center to center for dowels. (Ord. 8590) Subdivision II. Driveway Approaches. SEC. 43-78.   SPECIFICATIONS FOR MATERIALS USED IN CONSTRUCTION.    Driveway approaches shall conform to the following standards:    CONCRETE. Driveway approaches shall be constructed of one-course concrete, reinforced, with a six inch minimum thickness. The minimum compressive strength of the concrete and requirements for the quantity of mixing water and the concrete slump must conform to the city of Dallas Addendum to the Public Works Construction Standards – North Central Texas as published by the North Texas Council of Governments, current edition.    REINFORCING STEEL. Reinforcement shall consist of No. 3 (three-eighths inch diameter) round bars placed not more than 24 inches on centers, both directions. Where steel is lapped, the lap shall be not less than 15 inches. (Ord. Nos. 8590; 31313) SEC. 43-79.   PLACEMENT AND COMPACTION OF CONCRETE.    (a)   The director may inspect the foundation, forms, and reinforcing before concrete is poured.    (b)   Concrete must be thoroughly compacted with an open faced tamper and struck off with a straight edge so that the minimum thickness is six inches. Concrete must be free from honeycombing, rock pockets, and segregation of ingredients. (Ord. Nos. 8590; 22026) SEC. 43-80.   FINISHING.    The surface may have a monolithic finish by floating with a wooden float until a slight excess of sand appears on the surface or may be brushed after troweling in lieu of floating. In no case shall the surface be left slick or with a glossy finish. Exposed edges of driveway shall be rounded with an edger to a radius of one-half inch. (Ord. 8590) SEC. 43-81.   PROTECTION FROM VEHICULAR TRAFFIC.    Driveway approaches shall be protected from vehicular traffic for not less than six days. (Ord. 8590) SEC. 43-82.   REMOVAL OF CURB AND GUTTER WHERE REQUIRED.    Where a driveway approach is to be constructed at a location where there exists a curb and gutter, such curb and gutter shall be removed to the nearest construction joint. The driveway approach shall extend to the back side of the existing or future sidewalk. On concrete pavement with monolithic curb, the breakout line will be nine inches from the back of curb line and shall be parallel to it and form a right angle with the concrete surface. (Ord. 8590) SEC. 43-83.   MAXIMUM SPACE TO BE OCCUPIED.    Driveway approaches shall not occupy more than 70 percent of the frontage abutting the roadway of the tract of ground devoted to one use which abuts the roadway. (Ord. 8590) SEC. 43-84.   NUMBER OF APPROACHES PERMITTED.    Not more than two driveway approaches shall be permitted on any parcel of property with a frontage of 150 feet or less. Additional openings, for parcels of property having a frontage of 150 feet or less, may be permitted, after proof to the traffic engineer of necessity and convenience to the public. (Ord. 8590) SEC. 43-85.   SEPARATION OF DRIVEWAY APPROACHES.    When more than one driveway approach is required to serve a parcel of property, a traffic island shall separate the driveway approaches. The width of the traffic island at the property line shall be a minimum of 20 feet. Where the grade at the property line is the same as the sidewalk, a six inch raised curb shall be constructed at the back of the traffic island along the property line, and on private property. The raised curb shall be constructed so as to end 24 inches from the intersection of the driveway approach with the property line. (Ord. 8590) SEC. 43-86.   LOCATION; PROVISION FOR JOINT APPROACHES.    Driveway approaches shall be located entirely within the frontage of the premises abutting the work and shall be located not less than five feet from each side of the property line, except that joint driveway approaches with adjoining property holders may be permitted provided joint application is made by all interested parties, and the width set out in Section 43-94 is not exceeded. (Ord. 8590) SEC. 43-87.   MINIMUM ANGLE IN RELATION TO CURB LINE.    The angle of the driveway approach with the curb line shall be not less than 45 degrees. (Ord. 8590) SEC. 43-88.   MINIMUM REQUIREMENTS FOR APPROACHES NEAR STREET INTERSECTIONS.    Where existing right of way permits, driveway approaches nearest an intersection of two streets shall meet the following minimum requirements. The corner rounding shall have curbs constructed with a minimum radius of 20 feet continuously between the points of tangency of the curb lines of both streets. The first driveway may start from the point of tangency of the curb line and corner radius and be cut in with a five foot minimum radius. (Ord. 8590) SEC. 43-89.   LOCATION OF APPROACHES NEAR TRAFFIC INTERCHANGES, ETC.    Driveway approaches at or near streets and traffic interchanges, grade separations and traffic circles shall be so located that traffic entering or leaving the street will not impede, confuse, imperil or otherwise interfere with vehicular traffic. (Ord. 8590) SEC. 43-90.   LOCATION OF APPROACHES AT PEDESTRIAN CROSSINGS, ETC., PROHIBITED.    Driveway approaches shall not be located at street intersections or at established pedestrian crossings. (Ord. 8590) SEC. 43-91.   CONSTRUCTION IN EXISTING ANGLE PARKING AREAS PROHIBITED; EXCEPTIONS.    Driveway approaches shall not be constructed in existing angle parking areas except when the curb is restored to its normal location along the roadway in front of the premises. (Ord. 8590) SEC. 43-92.   STANDING OR PARKING OF VEHICLES, ETC., ON DRIVEWAY APPROACHES PROHIBITED.    Driveway approaches shall not be constructed or designed for use for the standing or parking of vehicles or for use as angle parking. (Ord. 8590) SEC. 43-93.   ABANDONMENT; DUTY OF ABUTTING PROPERTY OWNER TO RESTORE CURB.    Whenever the use of any driveway approach is abandoned and no longer used for vehicular access to the abutting property, it shall be the duty of the abutting property owner to restore the curb according to the standards provided in this article. (Ord. 8590) SEC. 43-94.   RESIDENTIAL DRIVEWAY APPROACHES.    Residential driveway approaches shall comply with the following requirements:    (a)   Width. Residential driveway approaches shall not be less than 10 feet nor more than 30 feet in width measured at the property line.    (b)   Radius. A residential driveway approach shall be constructed with the return curbs having a rolled face disappearing at the sidewalk and joining the street curb with a five foot minimum radius, except that on an arterial the minimum radius shall be 10 feet.    (c)   Removal of existing sidewalk. Where the residential driveway approach is designed to cross an existing sidewalk, the sidewalk included in the driveway approach area shall be removed and reconstructed as a driveway approach. (Ord. Nos. 8590; 21186; 31313) SEC. 43-95.   COMMERCIAL DRIVEWAY APPROACHES.    Walks, drives, curbs, gutters, pavements, and appurtenances on public property and other facilities to provide access to premises used for other than residential purposes shall be constructed, provided, or repaired in accordance with the following standards and requirements:    (a)   Width. The width of any commercial driveway approach shall be not less than 15 feet nor more than 35 feet measured along the property line, except driveway approaches for motor vehicle docks within a building shall not exceed 60 feet in width at the property line. Where more dock space is required, the driveway approaches shall be separated by a traffic island meeting the standards set out in section 43-85.    (b)   Radius. Commercial driveway approaches shall be constructed with the return curbs having a roll face disappearing at the sidewalk and joining the street curb with a 10 foot minimum radius.    (c)   Removal of existing sidewalks. Where a commercial driveway approach is to be built, the sidewalk shall be removed and the entire area replaced as a driveway. The driveway approach shall extend to the back side of the existing or future sidewalk. (Ord. Nos. 8590; 31313) ARTICLE IV. SNOW AND ICE. SEC. 43-96.   REMOVAL OF SNOW AND ICE FROM SIDEWALKS REQUIRED.    (a)   Every owner, lessee, tenant, occupant or other person having charge of any building or lot abutting upon any public way or public place shall remove the snow and ice from the sidewalk in front of the building or lot.    (b)   Snow and ice which falls or accumulates before 4:00 p.m. during any day, except Sunday, shall be removed within three hours after the snow or ice has fallen or accumulated. Snow and ice which falls or accumulates on a Sunday or after 4:00 p.m. and during the night on any other day shall be removed before 10:00 a.m. the following day. (Ord. Nos. 3314; 19398) SEC. 43-97.   COVERING SNOW AND ICE WITH SAND, ASHES, ETC.    If the snow and ice on the sidewalk is frozen so hard that it cannot be removed without injury to the pavement, the owner, lessee, tenant, occupant or the person having charge of any building or lot shall, within the time specified in this article, cause the sidewalk abutting on the premises to be strewn with ashes, sand, sawdust or other similar suitable materials and shall, as soon as the weather shall permit, thoroughly clean the sidewalk. (Ord. Nos. 3314; 19398) SEC. 43-98.   WHERE REMOVED SNOW AND ICE TO BE PLACED.    Removed snow and ice shall be uniformly distributed parallel to the curb and in the gutters where there is no parkway. When a parkway exists between the curb and sidewalk, the snow and ice may be uniformly distributed on the parkway; provided that no snow or ice shall be so placed at crosswalks which must be left open and free of removed snow and ice. (Ord. Nos. 3314; 19398) SEC. 43-98.1.   CAUSING ICE TO FORM ON STREETS AND ALLEYS.    (a)   A person commits an offense if he uses water, or allows the use of water under his control, in a manner that causes the water to collect on the roadway of a public street or alley and form ice.    (b)   A person violating Subsection (a) of this section shall pay the city for all costs incurred by the city in removing or covering the ice on the roadway of the public street or alley, including, but not limited to, the costs of labor, equipment, and ashes, sand, sawdust or other material used to cover the ice. (Ord. 19398) SEC. 43-98.2.   ENFORCEMENT.    This article shall be enforced by the director of the department designated by the city manager to enforce and administer this article, or the director’s authorized representative. (Ord. 19398) ARTICLE V. BUILDING NUMBERING. SEC. 43-99.   OWNER OR OCCUPANT TO NUMBER BUILDINGS.    (a)   The owner or occupant of each building in the city shall place and maintain an official building number in a conspicuous place on the premises so that it can be clearly seen from a public street. This requirement does not apply to accessory buildings.    (b)   The number must be placed within 10 days after a new building is completed. (Code 1941, Art. 68- 2; Ord. Nos. 15072; 15225) SEC. 43-100.   OFFICIAL NUMBERING PLAN MUST BE FOLLOWED.    (a)   Buildings must be numbered in compliance with this article and in accordance with the plan delineating and prescribing the method of numbering buildings which is on file in the office of the building official.    (b)   The building official shall designate the official number which is to be placed on each building. A person may request an official number designation by submitting a legal description of the property to the building official. (Code 1941, Art. 68-2; Ord. 15072) SEC. 43-101.   SPECIFICATIONS FOR NUMBERS.    An official building number placed pursuant to this article must be at least three inches high, composed of a durable material, and of a color which provides a contrast to the background. (Code 1941, Art. 68-3; Ord. 15072) SEC. 43-102.   ODD AND EVEN NUMBERS.    Odd numbers shall be assigned to the north side, and even numbers assigned to the south side, of streets and public accesses running east and west or substantially in that direction. Odd numbers shall be assigned to the west side, and even numbers assigned to the east side, of streets and public accesses running north and south or substantially in that direction. (Code 1941, Art. 68-4; Ord. 15072) SEC. 43-103.   BASIC UNITS OF SPACE FOR NUMBERING.    The basic unit of space for numbering along public streets and public accesses is 25 feet; however, in shopping centers, townhouse areas, apartment areas, and other building complexes where the building official determines that the 25 foot unit is not adequate, he may assign a basic unit of 10 feet. (Code 1041, Art. 68-5; Ord. 15072) SEC. 43-104.   NUMBERING WITHIN BUILDING COMPLEXES.    (a)   A building complex composed of multiple structures must have an official number assigned to each building. Each unit within each building must also be assigned an official number. If there is sufficient street frontage, each unit or building may be assigned an official street address number. The official number must be prominently posted on the building so that it is visible, where possible, from the nearest vehicular access. The official number for each unit must be conspicuously posted on the unit.    (b)   If a building is situated within a complex in such a way that it is not visible from a vehicular access the owner shall post and maintain directional signs along the nearest vehicular access indicating the location of the building by building number and unit numbers. (Code 1941, Art. 68-6; Ord. 15072) SEC. 43-105.   DIRECTIONAL SIGNS WITHIN BUILDING COMPLEXES.    (a)   In a building complex composed of multiple structures which contains internal vehicular accesses, if each official building number is not discernible from the public street, the owner of the building complex shall post directional signs at each entrance to the complex and at each intersection of vehicular accesses, other than public streets, within the complex.    (b)   For the purpose of this section, an “entrance” to a complex is a point at which vehicular access to the complex, other than a public street, intersects with a public street.    (c)   The directional signs must indicate the direction to buildings and units by number, must be legible from the vehicular access, and must be painted with a color which is in contrast to the background. Directional signs required by this section are not required to comply with Chapter 41 of this Code. (Code 1941, Art. 68-5; Ord. 15072) SEC. 43-106.   DIAGRAM OF MALL AREAS.    The owner of a building complex which contains a mall area shall submit to the police and fire departments a diagram of the complex, indicating the location of each business. When a change in a business location is made, the owner shall advise the police and fire departments in writing of the change. (Code 1941, Art. 68-9; Ord. 15072) SECS. 43-107 THRU 43-110.   RESERVED.    (Repealed by Ord. No. 15072) ARTICLE VI. LICENSE FOR THE USE OF PUBLIC RIGHT-OF-WAY. Division 1. Licenses for Other than Bicycle Parking Devices, Valet Parking Services, and Newsracks. (Division title created by Ord. 18838 and amended by Ord. Nos. 25539, 26809) SEC. 43-111.   DEFINITIONS.    In this division,       (1)   DIRECTOR means the director of the department designated by the city manager to enforce and administer this division, or the director's authorized representative.       (2)   SIDEWALK CAFE has the meaning given that term in Chapter 316 of the Texas Transportation Code, as amended. (Ord. 29906) SEC. 43-112.   APPLICATION; FEE.    (a)   If a person, or governmental entity operating a utility, desires to make use of any portion of the public right-of-way for a private or governmental utility use, the person, or governmental entity operating a utility, must apply in writing to the director. The application must be accompanied by plans or drawings showing the area to be used, a statement of the purpose for which the right-of-way is to be used, and a nonrefundable application fee in the amount required by Subsection (b) of this section, plus recording fees; except that the application fee is not required for:       (1)   existing encroachments previously licensed; or       (2)   a license to place and maintain the facilities of a utility operated by a governmental entity on public right-of-way, where the governmental entity has previously contracted with the city to provide mutual granting of rights-of-way for utility purposes.    (b)   The application fee is:       (1)   $100 for a sidewalk cafe;       (2)   $100 for a use of a public right-of-way described in Section 43-115.1; and       (3)   $750 for any other use of the public right-of-way. (Ord. Nos. 18119; 18962; 24051; 25539; 29906) SEC. 43-113.   GRANT BY CITY COUNCIL.    If, in the judgment of the city council, the requested use is not inconsistent with and does not unreasonably impair the public use of the right- of-way, the council may by ordinance grant the license. (Ord. Nos. 18119; 25539) SEC. 43-114.   TERMS AND CONDITIONS; DURATION; RIGHT OF TERMINATION RESERVED BY CITY.    (a)   The ordinance shall contain the terms and conditions of the license and shall state the time for which the license exists. Whether or not stated in the ordinance the city council retains the right to terminate a license whenever in its judgment the purpose or use of the license is inconsistent with the public use of the right-of-way or whenever the purpose or use of the license is likely to become a nuisance.    (b)   If a private license does not state the time for expiration, it will expire 10 years from the date of the passage of the ordinance granting the license.    (c)   If a license to place and maintain the facilities of a utility operated by a governmental entity on public right-of-way does not state the time for expiration, it will expire upon expiration of the governmental entity’s contract with the city providing for mutual granting of rights-of-way. (Ord. Nos. 18119; 18962; 25539) SEC. 43-115.   ANNUAL FEE FOR USE OF PUBLIC RIGHT-OF-WAY.    (a)   The annual fee for a license to use a public right-of-way for the following uses is:       (1)   Fee for railroad crossing: not less than $50 per track crossing the public right-of-way or an amount determined by the director and established in the ordinance granting the license. The fee will not be assessed for a railroad crossing where the railroad existed before the public right-of-way was established.       (2)   Fee for encroachment of historically significant structures into public right-of-way: $1,000.       (3)   Fee for placement and maintenance of facilities of a utility operated by a governmental entity on public right-of-way pursuant to a contract with the city providing for mutual grant of rights-of-way: None.       (4)   Fee for a sidewalk cafe: $200.    (b)   The annual fee for a license to use a public right-of-way for uses other than those listed in Subsection (a) is $1,000 or is calculated in accordance with one of the following formulas, whichever is greater:       (1)   Fee for use of public right-of-way: area X market value X 85% X 12%.       (2)   Fee for subsurface use only: area X market value X 30% X 12%.       (3)   Fee for air rights use only (including awnings and canopies with a premise sign as defined in Section 51A-7.102(28) of the Dallas City Code): area X market value X 85% X 85% X 12%.       (4)   Fee for commercial parking operation use: 50% of gross receipts (which include receipts for all parking and tips less sales and use taxes, if applicable).    (c)   Except for a sidewalk cafe license, the application fee required by Section 43-112 will be applied to the first year's fee if a license is granted.    (d)   Whether or not stated in the ordinance granting the license, the city council retains the right to increase or decrease the annual fee.    (e)   The market value of the area licensed is based on the per square foot appraised value, as determined by the Dallas County Central Appraisal District, of a fee simple interest in a useable tract of abutting property.    (f)   The director shall annually review the market values of licensed areas for which fees are based on market value. If it is determined that the market value of a licensed area has decreased, the director shall notify the licensee in writing that the annual fee has been decreased. If it is determined that the market value of a licensed area has increased, the director shall notify the licensee in writing that the annual fee has been increased. If a licensee is unwilling to accept the increased fee, the licensee may terminate the license. (Ord. Nos. 18119; 18962; 22216; 24051; 25539; 26809; 27775; 29906) SEC. 43-115.1.   SPECIAL FEES FOR THE USE OF PUBLIC RIGHT-OF-WAY.    (a)   Instead of the annual fee charged under Section 43-115 of this division, the following one-time fees will be charged for a license to use a public right-of-way for the following uses:       (1)   Fee for landscaping and appurtenant irrigation systems: $100.       (2)   Fee for awnings and canopies without a premise sign as defined in Section 51A-7.102(28) of the Dallas City Code: $100 per awning or canopy.       (3)   Fee for subdivision and monument signs: $100 per sign.       (4)   Fee for other streetscape elements, including planters, crosswalk texturing and coloring, artwork, lighting, benches, flag poles, bollards, and trash receptacles: $100.    (b)   An application fee paid pursuant to Section 43-112 will not be applied to license fees charged under this section. (Ord. Nos. 25539; 27775; 29906) SEC. 43-115.2.   LICENSES FOR SUBDIVISION SIGNS.    (a)   In this division, SUBDIVISION SIGN has the meaning given that term in Section 51A-7.102 of the Dallas City Code, as amended.    (b)   An application for a license to place a subdivision sign in a residential subdivision must be submitted by a duly-formed and existing homeowners association with jurisdiction over the residential subdivision. If the homeowners association is dissolved for any reason, the license will expire and the subdivision sign must be promptly removed from the public right-of-way.    (c)   An application for a license to place a subdivision sign in a business park must be submitted by the owner of the business park.    (d)   An application for a license to place a subdivision sign in a residential subdivision or a business park must be supported by the owner of property abutting the proposed subdivision sign, if any, and two-thirds of the property owners located within 300 feet of the proposed subdivision sign.    (e)   A subdivision sign licensed under this division, and its placement and location, must comply with all applicable city ordinances, including the sign regulations of the Dallas Development Code. (Ord. 25539) SEC. 43-115.3.   SIDEWALK CAFE DESIGN STANDARDS MANUAL.    All sidewalk cafes must comply with the Sidewalk Cafe Design Standards Manual. The director shall keep an updated electronic copy of the Sidewalk Cafe Design Standards Manual on the city's website and keep an updated paper copy on file for public inspection and copying. (Ord. 29906) SEC. 43-116.   TEMPORARY LICENSE.    The director may grant a temporary license on a month-to-month basis if a license or abandonment application is being processed for city council action and if failure to grant a temporary license will subject the applicant to a substantial hardship. (Ord. Nos. 18119; 18838; 22026; 25539; 29906) SEC. 43-117.   PENALTIES.    (a)   A person using or occupying a public right-of- way for a private use in violation of this division or without a license or other permit granted by the city is guilty of an offense and, upon conviction, is subject to a fine not to exceed $500 for each day that the violation exists.    (b)   Any owner, occupant, tenant, or licensee who fails to keep the sidewalks, curbs, and private structures constructed within or over the licensed area in good repair is guilty of maintaining a nuisance and, upon conviction, is subject to a fine not to exceed $500 for each day the nuisance is maintained.    (c)   Subsection (b) does not apply to railroad crossings for which maintenance and repair is required in the ordinance granting the license. (Ord. Nos. 18119; 18838; 19963; 25539) SEC. 43-118.   BREACH BY GRANTEE.    The director is authorized to terminate a license granted pursuant to this division if the grantee fails to fulfill any of the conditions stated in the license. (Ord. Nos. 18119; 18838; 25539) SEC. 43-119.   WAIVER.    The provisions of this division that are not required by state law or the city charter may be waived or modified by the city council in the ordinance granting the license. (Ord. Nos. 18119; 18838; 25539) Division 2. Bicycle Parking Devices. SEC. 43-120.   DEFINITIONS.    In this division:       (1)   BICYCLE PARKING DEVICE means a device, approved as to size and design by the director, to which a bicycle may be secured by a lock either provided by the user or provided on the device.       (2)   CITY means the city of Dallas, Texas.       (3)   DIRECTOR means the director of the department designated by the city manager to enforce and administer this division, or the director’s designated representative. (Ord. Nos. 18838; 22026) SEC. 43-121.   LICENSE REQUIRED; APPLICATION; ISSUANCE.    (a)   A person commits an offense if he installs or operates a bicycle parking device on a public right-of- way within the city without a license issued by the director.    (b)   A person who desires to install or operate a bicycle parking device on a public right-of-way abutting his property shall apply in writing to the director for a bicycle parking device license. The application must contain the following information:       (1)   the names, addresses, and telephone numbers of:          (A)   the applicant;          (B)   if the applicant is a lessee, the property owner; and          (C)   the manufacturer of each bicycle parking device to be installed or operated;       (2)   the number of bicycle parking devices to be installed or operated;       (3)   the proposed location of each bicycle parking device;       (4)   the dimensions of each bicycle parking device, measured with and without bicycles parked in the device;       (5)   the proposed method of securing each bicycle parking device to the public right-of-way; and       (6)   if the applicant is a lessee, written consent from the property owner to install or operate any bicycle parking device on public right-of-way abutting his property.    (c)   The director shall forward a copy of any completed application to the departments of public works, sanitation services, code compliance, planning and urban design, and development services, and to any utility company that might be affected by the proposed installation and operation of a bicycle parking device. Each department, and any utility company notified, shall review the application and return it, with any comments, to the director within 30 days of receipt.    (d)   After reviewing the application and departmental comments, the director may issue a bicycle parking device license unless denial is required by Section 43-122. (Ord. Nos. 18838; 22026; 23694; 25047; 27697; 28424; 29478; 29882; 30239; 30654; 32002) SEC. 43-122.   DENIAL OR REVOCATION OF LICENSE.    (a)   The director shall deny a bicycle parking device license if:       (1)   the applicant fails to comply with the requirements of this division or other applicable law;       (2)   the applicant makes a false statement of material fact on an application for a bicycle parking device license; or       (3)   the director determines that the bicycle parking device, with or without bicycles parked in it, would:          (A)   endanger the safety of persons or property or otherwise not be in the public interest;          (B)   unreasonably interfere with pedestrian or vehicular traffic;          (C)   unreasonably interfere with the use of a pole, traffic sign, traffic signal, hydrant, mailbox, or other object permitted at or near the proposed location of the bicycle parking device; or          (D)   unreasonably interfere with an existing use permitted at or near the proposed location of the bicycle parking device.    (b)   The director shall revoke a bicycle parking device license if:       (1)   the applicant fails to comply with the requirements of the bicycle parking device license, this division, or other applicable law;       (2)   the applicant made a false statement of material fact on an application for a bicycle parking device license; or       (3)   the director determines that the bicycle parking device, with or without bicycles parked in it:          (A)   endangers the safety of persons or property or is otherwise not in the public interest;          (B)   unreasonably interferes with pedestrian or vehicular traffic;          (C)   unreasonably interferes with the use of a pole, traffic sign, traffic signal, hydrant, mailbox, or other object permitted at or near the location of the bicycle parking device; or          (D)   unreasonably interferes with an existing use permitted at or near the location of the bicycle parking device.    (c)   The city council may, at any time, unconditionally revoke a bicycle parking device license issued pursuant to this division. (Ord. 18838) SEC. 43-123.   EXPIRATION OF LICENSE.    A bicycle parking device license expires one year from the date of issuance, unless sooner terminated by the director or by the city council. A bicycle parking device license may be renewed by making application in accordance with Section 43-121 of this division at least 30 days before expiration of the license. (Ord. 18838) SEC. 43-124.   STANDARDS FOR INSTALLATION, OPERATION, AND MAINTENANCE OF A BICYCLE PARKING DEVICE.    A person issued a license to install or operate a bicycle parking device which in whole or in part rests on any public right-of-way shall:       (1)   mount the bicycle parking device on a paved surface;       (2)   not chain, belt, or otherwise attach a bicycle parking device to a fixture in the public right- of-way, without written approval from the director;       (3)   cut weeds and grass within five feet of a bicycle parking device that rests in part on unpaved public right-of-way;       (4)   attach to the bicycle parking device a plaque, to be approved by the director, engraved with the bicycle parking device license number and the licensee’s current telephone; and       (5)   maintain the bicycle parking device:          (A)   in good working order;          (B)   in a manner that, with and without bicycles parked in the device, does not obstruct a vehicle operator’s ability to see any part of an intersecting road; and          (C)   in a manner that, with and without bicycles parked in the device, does not injure, damage, or create a hazard to persons or property. (Ord. 18838) SEC. 43-125.   LOCATION OF A BICYCLE PARKING DEVICE.    (a)   A bicycle parking device may not:       (1)   project into or rest upon any part of the public right-of-way open to motor vehicle traffic; or       (2)   be located in a manner such that a bicycle parked in the device would project into or rest upon any part of the public right-of-way open to motor vehicle traffic.    (b)   A bicycle parking device may not be installed or operated on public right-of-way not open to motor vehicle traffic if, measured with bicycles parked in it, the device would:       (1)   be within five feet of a marked crosswalk;       (2)   be within 12 feet of the curb return of an unmarked crosswalk;       (3)   be within 10 feet of a fire hydrant, fire call box, police call box or other emergency facility;       (4)   be within five feet of a driveway;       (5)   be within three feet in front of or 15 feet behind a sign marking a designated bus stop;       (6)   be within three feet of a bus bench;       (7)   reduce the unobstructed space for the passage of pedestrians to less than:          (A)   the minimum unobstructed sidewalk widths required by the Dallas Development Code for core and secondary pedestrian precinct overlay districts and fringe areas located within CA-1 and CA-1(A) zoning districts; or          (B)   four feet in all other areas of the city;       (8)   be within three feet of property improved with lawn, flowers, shrubs, trees, or other landscaping; or       (9)   be within 10 feet of an exit door of a building. (Ord. Nos. 18838; 19455) SEC. 43-126.   RESTRICTIONS ON THE USE OF A BICYCLE PARKING DEVICE PROHIBITED.    No person may:       (1)   restrict the use of a bicycle parking device, located in whole or in part on public right-of- way, to a particular group of people; or       (2)   charge a fee for the use of a bicycle parking device located in whole or in part on public right-of-way. (Ord. 18838) SEC. 43-126.1.   INDEMNIFICATION.    An applicant for a bicycle parking device license must execute a written agreement to indemnify the city and its officers and employees against all claims of injury or damage to persons or property arising out of the negligent installation, maintenance, or operation of a bicycle parking device on public right-of-way. (Ord. 18838) SEC. 43-126.2.   RESTORATION OF THE RIGHT- OF-WAY.    Upon termination of a license, the licensee shall remove the bicycle parking device and restore the used portion of the public right-of-way to its previous condition. If the licensee fails to comply with this section, the director shall cause the bicycle parking device to be removed and the public right-of- way restored with costs being assessed against the licensee. (Ord. 18838) Division 3. Valet Parking Services. SEC. 43-126.3.   DEFINITIONS.    In this division:       (1)   CENTRAL BUSINESS DISTRICT means the area bounded by Woodall Rogers Freeway on the north, Central Expressway and Julius Schepps Freeway on the east, Interstate Highway 30 on the south, and Interstate Highway 35E on the west.       (2)   CITY means the city of Dallas, Texas.       (3)   DIRECTOR means the director of the department designated by the city manager to enforce and administer this division, or the director’s designated representative.       (4)   LICENSEE means a person licensed under this division to operate a valet parking service. The term includes any employee, agent, or independent contractor of the person in whose name the license is issued.       (5)   PERSON means an individual, assumed name entity, partnership, joint-venture, association, corporation, or other legal entity.       (6)   VALET PARKING SERVICE means a business, or any part of a business, which provides a driver to operate a person’s vehicle to and from a parking location so that the person and any passengers in the vehicle may unload and load at their immediate destination. (Ord. Nos. 19190; 22026; 25539) SEC. 43-126.4.   PURPOSE.    This division is intended to only apply to valet parking service provided in connection with a commercial establishment or commercial activity and does not apply to occasional valet parking service provided at a private residence or in connection with a social or fund-raising activity. (Ord. 19190) SEC. 43-126.5.   LICENSE REQUIRED; APPLICATION; ISSUANCE.    (a)   A person commits an offense if, without a license issued by the director, he operates a valet parking service within the city on public right- of-way or on private property which requires the use of public right-of-way for maneuvering vehicles.    (b)   A licensee commits an offense if, at a time other than the hours and days of operation authorized in his license, he or his employee, agent, or independent contractor operates a valet parking service within the city on public right-of-way or on private property which requires the use of public right- of-way for maneuvering vehicles.    (c)   A person who desires to operate a valet parking service on public right-of-way, or on private property which requires the use of public right-of- way for maneuvering vehicles, shall apply in writing to the director for a valet parking service license. The application must be made by the owner or lessee of the premises benefiting from the proposed valet parking service and must contain the following information:       (1)   the names, addresses, and telephone numbers of:          (A)   the applicant;          (B)   if the applicant is a lessee, the property owner; and          (C)   any independent contractor the applicant will use to provide valet parking service;       (2)   the proposed location of the valet parking service and any valet parking service stands;       (3)   the number of spaces requested to be reserved for the valet parking service, each space being 22 feet long, if parallel to the curb, or nine feet wide, if head in to the curb; as a rule, three spaces must be reserved unless the director determines that, because of special traffic conditions, a greater or lesser number of spaces is needed to efficiently operate the valet parking service;       (4)   the proposed hours and days of operation of the valet parking service;       (5)   the location of off-street parking to be used in connection with the valet parking service and a signed agreement or other documentation showing that the applicant has a legal right to park vehicles at that location;       (6)   proof of insurance required by Section 43-126.12; and       (7)   a list of names and addresses of all property owners, or their representatives, located within 50 feet of, on the same side of the street as, and within the same block as the valet parking service location, either:          (A)   with signatures showing consent to the operation of a valet parking service by the applicant; or          (B)   without signatures, in which case the director shall notify the listed persons of the valet parking service application and obtain comments.    (d)   The director shall forward a copy of any completed application to any person required to be notified under Subsection (c)(7) and to the departments of public works, sanitation services, code compliance, development services, planning and urban design, and risk management, and to any other department that might be affected by the proposed operation of a valet parking service. Each department, and any other notified persons, shall review the application and return it, with any comments, to the director within 30 days of receipt.    (e)   After reviewing the application and comments of the departments and of any person notified in accordance with Subsection (c)(7), and upon receiving payment of all fees required by this division, the director may issue a valet parking service license unless denial is required by Section 43-126.7.    (f)   A licensee desiring to change the location or hours of operation of a valet parking service must submit a new application to the director in accordance with this section. (Ord. Nos. 19190; 22026; 23694; 25047; 27697; 28424; 29478; 29882; 30239; 30654; 32002 SEC. 43-126.6.   FEES.    (a)   A nonrefundable application fee of $800 must accompany each application for a valet parking service license.    (b)   The annual fee for a valet parking service license is:       (1)   if the valet parking service is being conducted inside the central business district, $250 per space for the first six spaces reserved by the valet parking service, plus $1,000 for each space over six reserved by the valet parking service; or       (2)   if the valet parking service is being conducted outside the central business district, $350 per space for the first two spaces reserved by the valet parking service, plus $1,000 for each space over two reserved by the valet parking service.    (c)   No annual license fee is required if the valet parking service is conducted completely on private property and the public right-of-way is only used for maneuvering vehicles.    (d)   In addition to other fees required by this section, an applicant must pay $400 for each sign or curb marking placed by the city at the valet parking service location in accordance with Section 43-126.14 of this division.    (e)   In addition to other fees required by this section, an applicant must pay an annual fee of $50 if a valet parking service stand is placed on public right-of- way. (Ord. Nos. 19190; 19969; 25539; 31657) SEC. 43-126.7.   DENIAL OR REVOCATION OF LICENSE; TEMPORARY SUSPENSION.    (a)   The director shall deny a valet parking service license if:       (1)   the applicant fails to comply with the requirements of this division or other applicable law;       (2)   the applicant makes a false statement of material fact on an application for a valet parking service license; or       (3)   the director determines that the operation of the valet parking service would:          (A)   endanger the safety of persons or property or otherwise not be in the public interest;          (B)   unreasonably interfere with pedestrian or vehicular traffic;          (C)   unreasonably interfere with the use of a pole, traffic sign, traffic signal, hydrant, mailbox, or other object permitted at or near the proposed location of the valet parking service; or          (D)   unreasonably interfere with an existing use permitted at or near the proposed location of the valet parking service.    (b)   The director shall revoke a valet parking service license if:       (1)   the licensee fails to comply with the requirements of the valet parking service license, this division, or other applicable law;       (2)   the licensee made a false statement of material fact on an application for a valet parking service license; or       (3)   the director determines that the operation of the valet parking service:          (A)   endangers the safety of persons or property or is otherwise not in the public interest;          (B)   unreasonably interferes with pedestrian or vehicular traffic;          (C)   unreasonably interferes with the use of a pole, traffic sign, traffic signal, hydrant, mailbox, or other object permitted at or near the location of the valet parking service; or          (D)   unreasonably interferes with an existing use permitted at or near the location of the valet parking service.    (c)   The city council may, at any time, unconditionally revoke a valet parking service license issued pursuant to this division.    (d)   The director may temporarily suspend the operations of a valet parking service if the public right- of-way reserved by the valet parking service is needed for an emergency or temporary use, including, but not limited to, the construction, maintenance, or repair of a street or utility. The director may refund a part of the annual license fee, prorated according to the duration of the suspension, unless the conditions necessitating the suspension were caused by the valet parking service. (Ord. 19190) SEC. 43-126.8.   EXPIRATION OF LICENSE.    A valet parking service license expires one year from the date of issuance, unless sooner terminated by the director or by the city council. A valet parking service license may be renewed by making application in accordance with Section 43-126.5 of this division at least 30 days before expiration of the license. (Ord. 19190) SEC. 43-126.9.   STANDARDS FOR OPERATION OF A VALET PARKING SERVICE.    (a)   A licensee shall:       (1)   allow only employees and independent contractors who hold a valid state driver’s license, and who are covered by the insurance required by Section 43-126.12 of this division, to operate any vehicle in connection with the valet parking service;       (2)   operate the valet parking service in a manner that does not:          (A)   use or occupy more of the public right-of-way than is allowed by his valet parking service license;          (B)   obstruct a pedestrian’s use of a sidewalk;          (C)   obstruct a vehicle operator’s ability to see any part of an intersecting road; or          (D)   injure, damage, or create a hazard to persons or property;       (3)   place no more than one valet parking service stand on public right- of-way;       (4)   not place or allow the placement of a sign advertising the valet parking service in the public right-of-way;       (5)   not park or allow the parking of a vehicle in a valet parking service space, but shall only use the space for loading and unloading passengers; in no event shall a vehicle be allowed to remain in a valet parking service space for more than five minutes;       (6)   continuously provide valet parking service during all hours of operation authorized in his license;       (7)   only use an off-street parking location to park a vehicle accepted for valet parking service and shall not park the vehicle on public right-of- way; and       (8)   notify the director within 10 days of a change in the location of off-street parking and provide the director with a signed agreement or other documentation showing that the licensee has a legal right to park vehicles at the new location.    (b)   At all times other than the authorized hours of operation of a valet parking service, spaces reserved by the valet parking service shall be available for use by the general public on a first-come, first-served basis in accordance with posted signs and other traffic control devices, except where parking is restricted or prohibited. (Ord. 19190) SEC. 43-126.10.   VALET PARKING SERVICE STANDS.    (a)   A licensee may place one valet parking service stand on the public right-of-way at a location approved by the director. The valet parking service stand must be necessary to the general conduct of the valet parking service and shall be used for such purposes, including, but not limited to, the dispatch of valets and the storage of keys, umbrellas, and other items.    (b)   A valet parking service stand shall:       (1)   not occupy an area of the public right-of- way exceeding four feet in width and four feet in depth;       (2)   not be affixed to the public right-of-way in any manner;       (3)   be easily moveable by one person; and       (4)   be removed from the public right-of-way when the valet parking service is not being operated;    (c)   A name and logo may be placed on a valet parking service stand for the sole purpose of identifying the valet parking service. The identification of the valet parking service shall not:       (1)   have dimensions greater than four feet high and four feet wide; or       (2)   be placed on more than two sides of the valet parking service stand. (Ord. 19190) SEC. 43-126.11.   LOCATION OF A VALET PARKING SERVICE.    (a)   Spaces and stands for a valet parking service may not:       (1)   be within 10 feet of a crosswalk;       (2)   be within 10 feet of a fire hydrant, fire call box, police or other emergency facility;       (3)   be within five feet of a driveway;       (4)   be within three feet in front of or 15 feet behind a sign marking a designated bus stop;       (5)   be within three feet of a bus bench; or       (6)   reduce the unobstructed space for the passage of pedestrians to less than:          (A)   the minimum unobstructed sidewalk widths required by the Dallas Development Code for core and secondary pedestrian precinct overlay districts located within CA-1 and CA-1(A) zoning districts; or          (B)   four feet in all other areas of the city.    (b)   The director may require greater distances than those prescribed in Subsection (a) when warranted by special vehicular or pedestrian traffic conditions. (Ord. Nos. 19190; 19455) SEC. 43-126.12.   INSURANCE.    (a)   A licensee shall procure, or cause to be procured, and keep in full force and effect, and shall keep on file with the director, a policy of comprehensive general liability insurance and garage insurance, or a certificate of insurance, issued by a casualty insurance company authorized to do business in this state and in the standard form approved by the board of insurance commissioners of the state. The insured provisions of the policy must include the city, and its officers and employees, as insureds and the coverage provisions must insure the public from loss or damage that may arise to any person or property by reason of the operation of a valet parking service by the licensee.    (b)   The comprehensive general liability insurance must be on a broad form and provide limits of liability for bodily injury and property damage of not less than $300,000 combined single limit, or the equivalent.    (c)   The garage insurance must provide limits of liability for bodily injury and property damage of not less than $300,000 combined single limit, or the equivalent, and must provide the following coverages:       (1)   Comprehensive and collision coverage for physical damage.       (2)   Coverage for vehicle storage.       (3)   Coverage for a vehicle driven by or at the direction of the licensee.    (d)   The insurance policy required by Subsection (a) of this section shall contain an endorsement which provides for 10 days’ notice to the director in the event of any material change or cancellation of the policy. (Ord. 19190) SEC. 43-126.13.   INDEMNIFICATION.    A licensee, and any independent contractor used by the licensee, must execute a written agreement to indemnify the city and its officers and employees against all claims of injury or damage to persons or property arising out of the operation of the valet parking service by the licensee. (Ord. 19190) SEC. 43-126.14.   SIGNS.    Upon recommendation of the director, the city traffic engineer is authorized to place city signs or curb markings at a location licensed for a valet parking service pursuant to this division. The signs and markings shall:       (1)   indicate that the location is restricted for use by a valet parking service; and       (2)   state the days and hours of operation of the valet parking service. (Ord. 19190) Division 4. Newsracks. SEC. 43-126.15.   PURPOSE AND INTENT.    This division only applies to newsracks located on the public right-of-way within the city of Dallas and provides administrative procedures for the grant of annual licenses regarding newsracks to be located on the public right-of- way. This division regulates the placement of newsracks on the public right-of- way within the city. This division also ensures that newsracks do not create a hazard to persons or property, do not interfere with pedestrian or vehicular traffic, and are kept neat, clean, and in good repair. (Ord. Nos. 26809; 27201) SEC. 43-126.16.   DEFINITIONS.    In this division, unless the context requires a different definition:       (1)   BLOCK means an area bounded by streets on all sides. If a street deadends, the terminus of the dead-end street will be treated as an intersecting street.       (2)   BLOCKFACE means the linear distance of lots along one side of a street between the two nearest intersecting streets. If a street deadends, the terminus of the dead-end street will be treated as an intersecting street.       (3)   CITY CONTRACTOR means a person who has a contract with the city for the installation, operation, maintenance, repair, removal, and replacement of multiple newsrack units in a multiple newsrack unit zone.       (4)   CROSSWALK has the meaning given that term in Section 541.302 of the Texas Transportation Code, as amended.       (5)   DIRECTOR means the director of public works, or a designee.       (6)   FREESTANDING NEWSRACK means a newsrack that is not a multiple newsrack unit or a part of a multiple newsrack unit.       (7)   LICENSE means permission granted under this division to a person to install, operate, or maintain a newsrack within the public right-of-way of the city for a specified period of time.       (8)   LICENSEE means the publisher, and any other person operating and maintaining a newsrack on behalf of a publisher, who is issued a license under this division to install, operate, or maintain a newsrack within the public right-of-way of the city.       (9)   MULTIPLE NEWSRACK UNIT means a single structure containing more than one newsrack that is installed by the city or a city contractor in a multiple newsrack unit zone.       (10)   NEWSRACK means any self-service or coin-operated container, rack, or structure used or maintained for the display, distribution, or sale of newspapers, periodicals, or other publications.       (11)   PERSON means an individual, assumed name entity, partnership, joint venture, association, corporation, or other legal entity.       (12)   PUBLISHER means any person who owns and/or distributes newspapers, periodicals, or other publications.       (13)   SPLIT-DOOR NEWSRACK means a freestanding newsrack or a newsrack space in a multiple newsrack unit that has been split into two separate distribution areas. (Ord. Nos. 26809; 27201; 27697; 32002) SEC. 43-126.17.   LICENSE AND DECAL REQUIRED.    (a)   A person commits an offense if:       (1)   he installs, operates, or maintains a newsrack on any portion of a public right-of-way within the city that is open to vehicular traffic;       (2)   without a license issued under this division, he installs, operates, or maintains a newsrack on a public right-of-way in the city that is not open to vehicular traffic;       (3)   he installs, operates, or maintains on a public right-of-way a newsrack that does not display a valid decal issued under this division;       (4)   he forges, alters, or counterfeits a newsrack decal required by this division or possesses a forged, altered, or counterfeited newsrack decal; or       (5)   without the consent of the director, he defaces or removes a decal that is displayed on a newsrack as required by this division.    (b)   It is a defense to prosecution under Subsection (a)(2) or (a)(3) of this section that the person was installing, operating, or maintaining the newsrack pursuant to a contract with the city for those services. (Ord. Nos. 26809; 27201) SEC. 43-126.18.   LICENSE APPLICATION; ISSUANCE OF LICENSE; AND DISPLAY OF DECALS.    (a)   A person who desires to install, operate, or maintain a newsrack on a public right-of-way that is not open to vehicular traffic shall submit an application for a newsrack license to the director on a form provided for that purpose. The applicant must be the person who will install, operate, or maintain the newsrack. The application must be verified and contain all of the following information:       (1)   Name, address, telephone number, and signature of the applicant. If the applicant is a person other than the publisher, then the publisher must also sign the application, agreeing to be bound by the terms contained in the license.       (2)   Name, address, and telephone number of the person the city may contact concerning installation, placement, operation, and maintenance of the applicant’s newsracks.       (3)   Form of business of the applicant and, if the business is a corporation or association, a copy of the documents establishing the business.       (4)   Number of newsracks the applicant wishes to install or operate in the city and a list indicating the proposed location (by blockface) of each newsrack, the name of the publication each newsrack will dispense, and whether the publication will be dispensed free or for a charge.       (5)   Dimensional measurements of each style of any freestanding newsracks to be installed, with drawings or photographs.       (6)   Proposed method of securing any freestanding newsracks.    (b)   Following a review of the application, execution of the written agreement required under Section 43-126.19(b), payment of a nonrefundable $100 application processing fee, and payment of the annual fee for a newsrack license, the director shall, within 60 days following the date of receipt of an application for an initial license and within 30 days following the date of receipt of an application for a license renewal, issue a newsrack license to the applicant unless denial is required by Section 43-126.20.    (c)   Upon issuance of a license for the installation, operation, and maintenance of newsracks and payment of the annual fee for the newsrack license, the director shall issue a decal for each newsrack permitted under the license, reflecting the license number and expiration date. A decal must be displayed on each permitted newsrack at all times, so that the decal is visible from the street.    (d)   A decal issued to one person may not be transferred to another person. A decal issued for one newsrack may not be transferred to another newsrack without the approval of the director, except that a decal may be transferred to a replacement newsrack at the same location.    (e)   If a decal is lost, stolen, or mutilated, the director may issue a duplicate decal, upon written request of the licensee, for a fee of $2.    (f)   Before any newsrack not authorized under a newsrack license may be installed, operated, or maintained on the public right-of-way, the licensee must make a written request to the director for the additional newsrack, pay the required annual fee, and display a valid decal on the newsrack as required by this division.    (g)   The director may (in accordance with procedures established by this division for the allocation of newsrack locations) approve changes to the location of a validly licensed newsrack, upon written request by a licensee, for no additional fee. An amendment that substantially changes the scope of a license (such as displaying, distributing, or selling in a newsrack a publication not specified in the license application for that newsrack) must be applied for in the same manner as the original license.    (h)   A licensee shall notify the director within 10 days of any change in the address or telephone number of the publisher or of the person responsible for the installation, operation, or maintenance of the newsracks permitted under the license.    (i)   A license issued to one person may not be transferred to another person. A newsrack location assigned to one person or publication may not be transferred to another person or publication without following the procedures established by this division for the allocation of newsrack locations. (Ord. Nos. 26809; 27201) SEC. 43-126.19.   CONDITIONS OF A LICENSE AND ANNUAL FEES.    (a)   It is a condition of a license that the installation, operation, and maintenance of each newsrack be in accordance with this division.    (b)   Prior to the issuance of a license, the licensee shall execute a written agreement providing all of the following:       (1)   The licensee will defend, indemnify, and hold whole and harmless the city of Dallas and its officers, agents, representatives, or employees against any and all claims, lawsuits, judgments, costs, or expenses (including attorney’s fees) for bodily injury, property damage, or other harm arising out of, or in any way related to, the licensee’s occupancy, maintenance, or use of the licensed area or the licensee’s placement, installation, operation, or maintenance of any newsrack. The indemnity must include claims for damages that any publicly or privately owned utility or communication company sustains arising from the licensee’s occupancy, maintenance, or use of the licensed area or the licensee’s placement, installation, operation, or maintenance of any newsrack.       (2)   If the city of Dallas is ever made a defendant in any cause of action, directly or indirectly, based upon the licensee’s occupancy, maintenance, or use of the licensed area, or the licensee’s placement, installation, operation, or maintenance of any newsrack, the city shall have the right, at its option, to implead the licensee and its successors and assigns.       (3)    The licensee will procure, prior to the issuance of a license, and keep in full force and effect at all times during the license term, commercial general liability insurance coverage (including, but not limited to, premises/ operations, independent contractors, and contractual liability) protecting the city of Dallas against any and all claims for damages to persons or property as a result of, or arising out of, the licensee’s occupancy, maintenance, or use of the licensed area or the licensee’s placement, installation, operation, or maintenance of any newsrack, with minimum combined bodily injury (including death) and property damage limits of not less than $500,000 for each occurrence and $500,000 annual aggregate. The insurance policy must be written by an insurance company approved by the State of Texas and acceptable to the city and issued in a standard form approved by the Texas Department of Insurance. All provisions of the policy must be acceptable to the city and must name the city and its officers and employees as additional insureds and provide for 30 days written notice to the director of cancellation, non-renewal, or material change to the insurance policy.       (4)   The license is subject to the rights of the city, public utilities, and franchisees in and to the public right-of-way and the rights of the city to make changes to the grade of any street, sidewalk, or parkway, and the licensee will never make a claim against the city for damages it might suffer by reason of the installation, construction, reconstruction, operation, or maintenance of any public improvement, utility, or communication facility on the licensed area.    (c)   The annual license fee for a newsrack license is:       (1)   $15 for each freestanding newsrack located within a public right- of-way of the city; and       (2)   $60 for each newsrack space operated in a multiple newsrack unit, which amount includes $45 for rental of the newsrack space from the city or the city contractor.    (d)   A licensee shall pay the annual license fee for a newsrack license to the director. The payment must be made on or before the issuance of a license. All sums due under this section must be deposited by the city controller and are subject to a $25 fee for each dishonored check. Except as specifically provided otherwise in this division, no license fees will be prorated upon termination of any license. (Ord. Nos. 26809; 27201) SEC. 43-126.20.   DENIAL OR REVOCATION OF A LICENSE.    (a)   The director shall deny a newsrack license if the director determines that the applicant has:       (1)   made a false statement of a material fact on an application for a newsrack license;       (2)   failed to provide the information requested on an application for a newsrack license;       (3)   failed to execute a written agreement in accordance with Section 43-126.19(b);       (4)   failed to pay the nonrefundable application fee or annual license fee at the time due; or       (5)   failed to comply with the requirements of this division or other applicable law.    (b)   The director shall revoke a newsrack license if the director determines that the licensee has:       (1)   made a false statement of a material fact on an application for a newsrack license;       (2)   failed to comply with the requirements of the newsrack license, the written agreement executed under Section 43-126.19(b), this division, or any other applicable law;       (3)   failed to maintain in full force and effect the insurance as required by this division; or       (4)   failed to pay any fees required by this division at the time due.    (c)   If the director determines that an applicant must be denied a newsrack license under this section, the director shall notify the person in writing that the application is denied and shall include in the notice the reason for denial and a statement informing the applicant of the right to appeal.    (d)   If the director determines that a newsrack license must be revoked under this section, the director shall notify the licensee in writing that the license is revoked and shall include in the notice the reason for revocation and a statement informing the applicant of the right to appeal. (Ord. Nos. 26809; 27201) SEC. 43-126.21.   APPEAL FROM LICENSE DENIAL OR REVOCATION.    (a)   If the director denies the issuance or renewal of a license or revokes a license, the director shall send to the applicant or licensee, by certified mail, return receipt requested, written notice of the reason for denial, nonrenewal, or revocation and of the right to an appeal.    (b)   Upon receipt of written notice of the denial, nonrenewal, or revocation, the applicant or licensee whose application for a license or license renewal has been denied or whose license has been revoked has the right to appeal to either the permit and license appeal board or the state district court.    (c)   An appeal to a permit and license appeal board must be in accordance with Section 2-96 of this code. The filing of an appeal under this subsection stays the action of the director in revoking a license until a final decision is made by the permit and license appeal board. A revocation upheld by the board takes effect on the first midnight that is at least 24 hours after the board issues its decision.    (d)   An appeal to the state district court must be filed within 30 days after receipt of notice of the director’s decision. The applicant or licensee shall bear the burden of proof in court. (Ord. Nos. 26809; 27201) SEC. 43-126.22.   EXPIRATION AND RENEWAL OF A LICENSE.    (a)   A newsrack license expires and becomes invalid on August 1 of each year, unless sooner terminated by the director in accordance with this division or by city council ordinance in accordance with the city charter. A licensee shall apply for renewal of a newsrack license at least 30 days, but not more than 90 days, before expiration of the license. An application for renewal must be made in accordance with the procedures established in Section 43-126.18.    (b)   An existing licensee will be able to renew a license for the same newsrack locations until those newsrack locations are reallocated under a five- year lottery conducted under Section 43-126.23(c) or 43-126.29(h)(3), except that failure to timely renew a license in accordance with Subsection (a), or denial or revocation of a license, will result in the location for that newsrack being made available to other publishers.    (c)   A licensee who timely applies for renewal of a license in accordance with Subsection (a) is not required to pay the $100 license application fee. (Ord. Nos. 26809; 27201) SEC. 43-126.23.   ALLOCATION OF FREESTANDING NEWSRACK LOCATIONS.    (a)   Initial allocation. Before June 1, 2009, the director shall allocate locations for freestanding newsracks in accordance with the following procedures:       (1)   The director shall determine how many freestanding newsracks may be placed on a blockface in locations complying with this division.       (2)   The director shall determine how many freestanding newsracks are being lawfully operated on the blockface. A freestanding newsrack will be considered as being lawfully operated on a particular blockface if it is designated as being located on that blockface in the most recent list of newsrack locations:          (A)   provided to the director before May 28, 2008 by a publisher holding a valid newsrack license issued by the city council or a valid temporary newsrack license issued by the director before May 28, 2008; or          (B)   provided to the director by a publisher within 10 calendar days after the director’s issuance of a temporary newsrack license occurring on or after May 28, 2008.       (3)   If the number of lawfully-operated freestanding newsracks on the blockface exceeds the number of newsrack spaces allowed on the blockface under this division, the director shall conduct a lottery to determine the allocation of the newsrack spaces.       (4)   The director shall place in a pool the names of all publications dispensed in the freestanding newsracks that are being lawfully operated on the blockface. If the same publication is being dispensed by more than one newsrack on the blockface, its name will be placed in the pool twice. The director shall draw from the pool a number of publication names equal to the number of newsrack spaces allowed under this division on that blockface. The director shall assign numbers to the names, beginning with the Number 1 for the first- drawn name and continuing in a sequential manner. The publications whose names are drawn will be allocated a newsrack space on the blockface as long as compliance with this division is maintained. The publishers of the publications allocated a newsrack space through the lottery process will select locations on the blockface in the order in which their publication names were drawn, with Number 1 having first choice. The director shall draw the remaining publication names from the pool and assign them a number, beginning with the number following the one assigned to the last publication allocated a newsrack space on the blockface. These remaining publications will be allocated a newsrack space on the blockface (in the order drawn) only if any of the other publications originally allocated a newsrack space on the blockface do not want the space or do not qualify for the space. The publisher of any publication that is not allocated a newsrack space on the blockface shall remove the newsrack containing that publication within 10 days after the date the lottery is conducted.       (5)   If the number of lawfully-operated freestanding newsracks on the blockface equals the number of newsrack spaces allowed on the blockface under this division, the publications dispensed in those lawfully-operated newsracks will each be allocated a newsrack space on the blockface as long as compliance with this division is maintained. The publishers of the publications allocated newsrack spaces under this paragraph shall select locations on the blockface in the order in which their completed license applications are received by the director in compliance with this division, with the first received having first choice.       (6)   If the number of lawfully-operated freestanding newsracks on the blockface is less than the number of newsrack spaces allowed on the blockface under this division, the publications dispensed in those lawfully-operated newsracks will each be allocated a newsrack space on the blockface as long as compliance with this division is maintained. The publishers of the existing publications allocated newsrack spaces under this paragraph shall select locations on the blockface in the order in which their completed license applications are received by the director in compliance with this division, with the first received having first choice. The remaining newsrack spaces will be allocated through the lottery process described in Subsection (b) of this section.    (b)   Future allocation. After the initial allocation of newsrack locations under Subsection (a), whenever one or more freestanding newsrack spaces become available on a blockface, the director shall allocate the newsrack locations in accordance with the following procedures:       (1)   The director shall, by personal service or by regular United States mail, notify all publishers that a lottery will be held to allocate the available freestanding newsrack spaces. The notice must:          (A)   identify the number and location (by blockface) of the available newsrack spaces;          (B)   state the date, time, and location of the lottery;          (C)   state the date and time by which the director must receive all requests to have publications entered in the lottery and the address at which the requests must be received; and          (D)   state any other information the director determines necessary to conduct the lottery.       (2)   The director shall place in a pool the names of all publications for which requests to participate in the lottery were timely received. If the same publication was requested more than once, its name will be placed in the pool twice. The director shall draw from the pool a number of publication names equal to the number of newsrack spaces available on that blockface. The director shall assign numbers to the names, beginning with the Number 1 for the first-drawn name and continuing in a sequential manner. The publications whose names are drawn will be allocated a newsrack space on the blockface as long as compliance with this division is maintained. The publishers of the publications allocated a newsrack space through the lottery process will select locations on the blockface in the order in which their publication names were drawn, with Number 1 having first choice. The director shall draw the remaining publication names from the pool and assign them a number, beginning with the number following the one assigned to the last publication allocated a newsrack space on the blockface. These remaining publications will be allocated a newsrack space on the blockface (in the order drawn) only if any of the other publications originally allocated a newsrack space on the blockface do not want the space or do not qualify for the space.    (c)   Random five-year lottery. Five years after the initial allocation of newsrack spaces on a blockface and every five years thereafter, the director shall reallocate the newsrack spaces in accordance with the lottery procedures established in Subsection (b) of this section. The publisher of any publication that is not allocated a newsrack space on the blockface shall remove the newsrack containing that publication within 10 days after the date the lottery is conducted. (Ord. Nos. 26809; 27201) SEC. 43-126.24.   STANDARDS FOR INSTALLATION, OPERATION, AND MAINTENANCE OF NEWSRACKS.    (a)   Any newsrack that, in whole or part, rests on any public right-of-way within the city not open to vehicular traffic must:       (1)   comply with all applicable city ordinances and state and federal laws; and       (2)   not remain continuously empty of publications authorized under the newsrack license for more than 30 consecutive days.    (b)   In addition to meeting the requirements of Subsection (a), any freestanding newsrack or multiple newsrack unit that, in whole or part, rests on any public right-of-way within the city not open to vehicular traffic must meet all of the following standards:       (1)   Not display advertising, except that a logo or other information identifying the publication and coin operation information may appear on the newsrack. This information must be contained in an area not to exceed six inches high and 20 inches wide on the front, back, and/or sides of the newsrack.       (2)   If the newsrack will be located within any special district with an overall design theme that specifies particular colors or materials, then the newsrack material and color must conform to the special district design requirements. If design standards for a special district require that particular materials or colors be used for newsracks, the director shall notify any licensee with a newsrack in that district of the requirements.       (3)   Have a notice, not to exceed three inches high and five inches wide, in a readily visible place on the newsrack with the name of the distributor and a working telephone number of whom to call to report a malfunction or to obtain a refund if any coin return mechanism malfunctions. This separate notice is not required if the information required by this paragraph is included with the logo and information allowed under Paragraph (1) of this subsection.       (4)   Be maintained in a neat and clean condition and in good repair such that:          (A)   the newsrack is reasonably free of dirt and grease;          (B)   the newsrack is reasonably free of chipped, faded, peeling, and cracked paint in the visible painted areas;          (C)   the newsrack is reasonably free of rust and corrosion in the visible unpainted metal areas;          (D)   any clear plastic or glass parts through which the publications are viewed are unbroken and reasonably free of cracks, dents, blemishes, and discoloration;          (E)   any paper or cardboard parts or inserts are reasonably free of tears, peeling, or fading; and          (F)   no structural parts are broken or excessively misshapen.       (5)   Be of sufficient weight, or be anchored in a manner approved by the director to a heavy metal plate of sufficient weight, to prevent tipping over of the newsrack. A freestanding newsrack may not be anchored to the ground, sidewalk, trees, posts, poles, or streetscape furniture. (Ord. Nos. 26809; 27201) SEC. 43-126.25.   LOCATIONAL REQUIREMENTS FOR NEWSRACKS.    (a)   No freestanding newsrack or multiple newsrack unit may be located in a manner that:       (1)   impairs or interferes with:          (A)   pedestrian traffic;          (B)   the ability to fully open a door to any building;          (C)   the loading or unloading of passengers from a bus or light rail vehicle; or          (D)   emergency access to a building or property by the police department, the fire department, or emergency medical services;       (2)   reduces the clear, unimpeded sidewalk width to less than:          (A)   nine feet for sidewalks 14 feet or wider; or          (B)   three-fourths of the sidewalk width (but in no case less than three feet) for sidewalks less than 14 feet wide;       (3)   obstructs the visibility of a fire hydrant, fire department inlet connection, fire protection system control valve, fire call box, police call box, traffic control signal box, or other emergency facility so that the emergency facility cannot be clearly seen from a public street or roadway open to motor vehicular traffic; or       (4)   is determined by the director to endanger the safety of persons or property.    (b)   On each blockface, freestanding newsracks must be placed together in groups, with not more than eight newsracks in each group. A distance of at least 50 feet must separate each group of freestanding newsracks located on the same blockface.    (c)   No more than eight newsracks (whether freestanding newsracks or newsrack spaces in multiple newsrack units) on any block may dispense the same publication, and no more than two newsracks (whether freestanding newsracks or newsrack spaces in multiple newsrack units) on any blockface may dispense the same publication. The same publication may not be dispensed in more than one newsrack space in a multiple newsrack unit or in an attached grouping of multiple newsrack units. Notwithstanding any provision of this subsection to the contrary, the same publication may be dispensed in a multiple newsrack unit in excess of the limits set forth in this subsection whenever the director:       (1)   determines it is necessary to fill vacant newsrack spaces in a multiple newsrack unit;       (2)   determines that there is a lack of demand for the vacant newsrack spaces by other publications; and       (3)   conducts a lottery in accordance with Section 43-126.29(h)(2) to allocate the vacant newsrack spaces.    (d)   A freestanding newsrack or a multiple newsrack unit may not be located within:       (1)   any median or traffic island;       (2)   a visibility triangle as defined in Section 51A-4.602(d)(2) of this code;       (3)   the area contained within the projection of the width of a midblock crosswalk to the back of an adjacent sidewalk;       (4)   the area contained within the projection of the width of a building’s doorway to the curb face or pavement edge of any public street or roadway open to motor vehicular traffic;       (5)   two feet of a curb face or pavement edge of any public street or roadway open to motor vehicular traffic if the newsrack opens away from the curb face or pavement edge, except that if the curb face or pavement edge is adjacent to a designated no parking zone or area, then the newsrack may not be located within 1-1/2 feet of the curb face or pavement edge;       (6)   three feet of:          (A)   any mailbox, water feature, art, monument, planter, kiosk, trash receptacle, drinking fountain, streetscape bench, or parking meter;          (B)   a fire hydrant, fire department inlet connection, fire protection system control valve, fire call box, police call box, traffic control signal box, or other emergency facility; or          (C)   a bench, shelter, informational sign, or ticketing equipment of a light rail system;       (7)   five feet of a curb face or pavement edge of any public street or roadway open to motor vehicular traffic if the newsrack opens towards the curb face or pavement edge;       (8)   six feet of a bicycle rack;       (9)   seven feet of a bus stop sign, bus stop bench, or bus stop shelter; or       (10)   15 feet of the centerline of rail of any light rail system track.    (e)   A freestanding newsrack may not be located within a multiple newsrack unit zone or within 50 feet of a multiple newsrack unit zone. (Ord. Nos. 26809; 27201) SEC. 43-126.26.   DISPLAY AND DISTRIBUTION OF HARMFUL MATERIALS THROUGH NEWSRACKS.    A licensee shall not knowingly display, distribute, or sell any harmful matter, as defined in Section 43.24(a)(2) of the Texas Penal Code, as amended, through any newsrack licensed under this division. (Ord. Nos. 26809; 27201) SEC. 43-126.27.   RESTORATION OF THE RIGHT-OF-WAY.    (a)   Upon termination of a license, the licensee (or the director’s designee, who shall assess any costs to the licensee) shall remove a freestanding newsrack and restore the right-of-way to its original condition in a manner satisfactory to the director. A licensee shall remain liable for all license fees from the time a license is issued until such time as all freestanding newsracks are removed, the license area is restored to its original condition, and the license is properly terminated.    (b)   Whenever a city contractor removes a multiple newsrack unit from the right-of-way for any reason, the city contractor shall restore the right-of- way to its original condition in a manner satisfactory to the director. (Ord. Nos. 26809; 27201) SEC. 43-126.28.   REMOVAL OF NEWSRACKS AND PUBLICATIONS.    (a)   If the director determines that a freestanding newsrack is not in compliance with the requirements of this division or that a newsrack space in a multiple newsrack unit is not being operated in compliance with the requirements of this division, the director shall send a “Notice of Intent to Remove” by personal service or by certified mail, return receipt requested, to the licensee. The notice must state the violation or violations that constitute the basis for the proposed removal of the licensee’s freestanding newsrack or the proposed removal of publications from the licensee’s newsrack space in a multiple newsrack unit, whichever is applicable, and suggest corrective action if applicable. The notice must specify the date, time, and place for a hearing to be held before removal.    (b)   The hearing must be held not less than 10 days following service of notice. Prior to the hearing, the licensee may correct the violation or may file a written statement setting forth the reason or reasons why the newsrack or publications, whichever applies, should not be removed. At the hearing, the director or the director’s designee shall hear evidence and determine whether the licensee’s freestanding newsrack complies with this division or whether the licensee’s newsrack space in a multiple newsrack unit is being operated in compliance with this division, whichever applies. If it is determined that a freestanding newsrack is not in compliance with this division, the newsrack must be removed by the licensee or otherwise brought into compliance. If it is determined that a newsrack space in a multiple newsrack unit is not being operated in compliance with this division, the licensee shall remove all publications from the newsrack space or otherwise bring the operation of the newsrack space into compliance. The decision of the director may be appealed to the city manager in accordance with Subsection (e) of this section. If, within 10 days after the date of the hearing or, if an appeal is filed, within 10 days after the date of the city manager renders a decision, the licensee has not removed the freestanding newsrack or the publications, whichever applies, or otherwise come into compliance with this division, the city may remove the newsrack or the publications and recover the costs of removal and storage from the licensee.    (c)   The director may summarily remove or order any freestanding newsrack removed if it creates an imminent danger of personal injury or property damage. Promptly following the summary removal, the director shall notify the licensee by personal service or by certified mail, return receipt requested, of the removal, the reason for the removal, and the right to appeal the action to the city manager in accordance with Subsection (e). The licensee may recover any newsracks summarily removed upon reimbursement to the city for the costs of removal and storage. Any coins or publications contained in the newsrack will be returned to the licensee when the newsrack is returned. The licensee may return the freestanding newsrack to its original location upon correction of the violation (unless the location constituted a violation).    (d)   Any newsrack or publication not claimed within 10 days after removal by the city may be disposed of by the city as unclaimed property.    (e)   If the director orders removal of a freestanding newsrack or a publication under Subsection (b) or summarily removes a freestanding newsrack under Subsection (c), this action is final unless, within 10 days after the receipt of notice of the director’s action, the affected licensee, publisher, or owner of the newsrack or publication, whichever applies, files with the city manager a written appeal. Within 15 days after the appeal is filed, the city manager or the city manager’s designee shall consider all the evidence in support of and against the action appealed and render a decision sustaining, modifying, or reversing all or part of the director’s action. The formal rules of evidence do not apply to an appeal hearing under this subsection, and the city manager or the city manager’s designee shall make a ruling on the basis of a preponderance of the evidence presented at the hearing. The decision of the city manager is final as to administrative remedies. (Ord. Nos. 26809; 27201) SEC. 43-126.29.   MULTIPLE NEWSRACK UNIT ZONES.    (a)   The city council may, by ordinance, establish zones within the city where the exclusive use of multiple newsrack units is required. A request for a multiple newsrack unit zone may be initiated by a city council member or by the signatures of at least 40 percent of the publishers lawfully operating freestanding newsracks in the proposed zone.    (b)   Criteria that may be considered in establishing a multiple newsrack unit zone include, but are not limited to:       (1)   whether there is extensive availability and use of public transportation services and facilities in the proposed zone;       (2)   whether there is a large amount of pedestrian traffic in the proposed zone;       (3)   whether there is a proliferation of freestanding newsracks in the proposed zone;       (4)   whether limited space is available for freestanding newsracks in the proposed zone; and       (5)   whether the proposed zone is located in a distinct area with an established urban or neighborhood character.    (c)   The following areas have been established by the city council as multiple newsrack unit zones:       (1)   Expanded Central Business District Zone, which is the area contained within the following boundaries:          Dallas North Tollway from Stemmons Freeway to Harry Hines Boulevard;          Harry Hines Boulevard from the Dallas North Tollway to Field Street;          Field Street from Harry Hines Boulevard to Woodall Rodgers Freeway;          Woodall Rodgers Freeway from Field Street to Central Expressway;          Central Expressway from Woodall Rodgers Freeway to Julius Schepps Freeway;          Julius Schepps Freeway from Central Expressway to Interstate 30;          Interstate 30 from Julius Schepps Freeway to Stemmons Freeway; and          Stemmons Freeway from Interstate 30 to the Dallas North Tollway.       (2)   Reserved.    (d)   Before multiple newsrack units are installed in the Expanded Central Business District Zone and before an ordinance is adopted establishing any additional multiple newsrack unit zone, the director shall prepare a plan that includes:       (1)   the number and proposed locations of the multiple newsrack units to be installed in the zone;       (2)   the design criteria for the multiple newsrack units to be installed in the zone; and       (3)   the number and location of existing freestanding newsracks in the zone.    (e)   After the plan is prepared, the director shall place on a city council agenda an item for council consideration of the installation of multiple newsrack units in the Expanded Central Business District Zone or the establishment of an additional proposed multiple newsrack unit zone, whichever applies. At least 10 days before the date of the council meeting at which the city council will consider the item, notice of the meeting must be sent by regular United States mail to:       (1)   all publishers having current licenses with the city to operate newsracks in the public right- of-way; and       (2)   all owners of property located within 200 feet of the Expanded Central Business District Zone or the proposed multiple newsrack unit zone, whichever applies, except that if more than 10 property owners are located within that distance, the director may, in lieu of mailing notices to the property owners, publish the notice in a newspaper of general circulation in the city at least 10 days before the date of the council meeting.    (f)   The notice required in Subsection (e) must include the date, time, and location of the council meeting and a brief summary of the proposed plan for the multiple newsrack unit zone.    (g)   After the installation of multiple newsrack units in the Expanded Central Business District Zone is approved by the city council or after a multiple newsrack unit zone is established by the city council, the city will install and maintain multiple newsrack units in the zone. A publisher shall only use a multiple newsrack unit provided by the city or a city contractor to dispense publications in a multiple newsrack unit zone, except that any freestanding newsrack lawfully operating on a blockface at the time the blockface is included in a multiple newsrack unit zone may continue to operate on the blockface until multiple newsrack units are actually installed on the blockface.    (h)   The director shall allocate newsrack spaces in multiple newsrack units in accordance with the following procedures:       (1)   Initial allocation.          (A)   The director shall determine how many newsrack spaces are available in multiple newsrack units placed on a blockface in compliance with this section.          (B)   The director shall determine how many freestanding newsracks are being lawfully operated on the blockface. A freestanding newsrack will be considered as being lawfully operated on a particular blockface if it is designated as being located on that blockface in the most recent list of newsrack locations provided to the director by a publisher holding a valid newsrack license issued by the city council or a valid temporary newsrack license issued by the director. The list must be received by the director before the date the city council adopts the particular multiple newsrack unit zone.          (C)   If the number of lawfully-operated freestanding newsracks on the blockface exceeds the number of newsrack spaces available in multiple newsrack units on the blockface, the director shall conduct a lottery to determine the allocation of the newsrack spaces.          (D)   The director shall place in a pool the names of all publications dispensed in the freestanding newsracks that are being lawfully operated on the blockface. If the same publication is being dispensed by more than one newsrack on the blockface, its name will be placed in the pool twice. The director shall draw from the pool a number of publication names equal to the number of newsrack spaces available in multiple newsrack units on that blockface. The director shall assign numbers to the names, beginning with the Number 1 for the first-drawn name and continuing in a sequential manner. The publications whose names are drawn will be allocated a newsrack space in a multiple newsrack unit on the blockface as long as compliance with this division is maintained. The publishers of the publications allocated a newsrack space through the lottery process will select locations in the multiple newsrack units on the blockface in the order in which their publication names were drawn, with Number 1 having first choice. The director shall draw the remaining publication names from the pool and assign them a number, beginning with the number following the one assigned to the last publication allocated a newsrack space in a multiple newsrack unit on the blockface. These remaining publications will be allocated a newsrack space in a multiple newsrack unit on the blockface (in the order drawn) only if any of the other publications originally allocated a newsrack space do not want the space or do not qualify for the space. The publisher of any publication that is not allocated a newsrack space in a multiple newsrack unit on the blockface shall remove the newsrack containing that publication within 10 days after the date the lottery is conducted.          (E)   If the number of lawfully-operated freestanding newsracks on the blockface equals the number of newsrack spaces available in multiple newsrack units on the blockface, the publications dispensed in those lawfully-operated newsracks will each be allocated a newsrack space in a multiple newsrack unit on the blockface as long as compliance with this division is maintained. The publishers of the publications allocated newsrack spaces under this paragraph shall select locations in the multiple newsrack units on the blockface in the order in which their completed license applications are received by the director in compliance with this division, with the first received having first choice.          (F)   If the number of lawfully-operated freestanding newsracks on the blockface is less than the number of newsrack spaces available in multiple newsrack units on the blockface, the publications dispensed in those lawfully- operated newsracks will each be allocated a newsrack space in a multiple newsrack unit on the blockface as long as compliance with this division is maintained. The publishers of the existing publications allocated newsrack spaces under this paragraph shall select locations in a multiple newsrack unit on the blockface in the order in which their completed license applications are received by the director in compliance with this division, with the first received having first choice. The remaining newsrack spaces will be allocated through the lottery process described in Paragraph (2) of this subsection.       (2)   Future allocation.          (A)   Whenever one or more newsrack spaces become available in a multiple newsrack unit on a blockface, the director shall, by personal service or by regular United States mail, notify all publishers that a lottery will be held to allocate the available newsrack spaces. The notice must:             (i)   identify the number and location (by blockface) of the available newsrack spaces;             (ii)   state the date, time, and location of the lottery;             (iii)   state the date and time by which the director must receive all requests to have publications entered in the lottery and the address at which the requests must be received; and             (iv)   state any other information the director determines necessary to conduct the lottery.          (B)   The director shall place in a pool the names of all publications for which requests to participate in the lottery were timely received. If the same publication was requested more than once, its name will be placed in the pool twice. The director shall draw from the pool a number of publication names equal to the number of newsrack spaces available in multiple newsrack units on that blockface. The director shall assign numbers to the names, beginning with the Number 1 for the first-drawn name and continuing in a sequential manner. The publications whose names are drawn will be allocated a newsrack space in a multiple newsrack unit on the blockface as long as compliance with this division is maintained. The publishers of the publications allocated a newsrack space through the lottery process will select locations in a multiple newsrack unit on the blockface in the order in which their publication names were drawn, with Number 1 having first choice. The director shall draw the remaining publication names from the pool and assign them a number, beginning with the number following the one assigned to the last publication allocated a newsrack space in a multiple newsrack unit on the blockface. These remaining publications will be allocated a newsrack space in a multiple newsrack unit on the blockface (in the order drawn) only if any of the other publications originally allocated a newsrack space do not want the space or do not qualify for the space.       (3)   Random five-year lottery. Five years after the initial allocation of newsrack spaces in a multiple newsrack unit on a blockface and every five years thereafter, the director shall reallocate the newsrack spaces in accordance with the lottery procedures established in Paragraph (2) of this subsection. The publisher of any publication that is not allocated a newsrack space in a multiple newsrack unit on a blockface shall remove any publications from any newsrack space on that blockface within 10 days after the date the lottery is conducted.    (i)   A publisher allocated a newsrack space in a multiple newsrack unit in a zone shall install and maintain any coin-operated lock it requires to be on its assigned newsrack. The locking device must be approved by the director (or a city contractor, if applicable) and must not interfere with the use of the other newsracks in the multiple newsrack unit.    (j)   The city may contract with another person for the installation, operation, maintenance, repair, removal, and replacement of multiple newsrack units in a multiple newsrack unit zone established under this section. (Ord. Nos. 26809; 27201) SEC. 43-126.30.   SPLIT-DOOR NEWSRACKS.    (a)   A freestanding newsrack or a newsrack space in a multiple newsrack unit may be split into two separate distribution areas.    (b)   A separate license and license fee is required for each distribution area of a split-door newsrack. (Ord. Nos. 26809; 27201; 27659) SEC. 43-126.31.   VIOLATIONS; PENALTY.    (a)   A person who installs, operates, or maintains a newsrack on a public right-of-way within the city in violation of this division or without a license issued under this division is guilty of an offense and, upon conviction, is subject to a fine not to exceed $500 for each day that the violation exists.    (b)   It is a defense to prosecution under this section that the person was installing, operating, or maintaining the newsrack pursuant to a contract with the city for those services.    (c)   The penalties provided for in Subsection (a) are in addition to any other enforcement remedies that the city may have under this division, other city ordinances, and state law. (Ord. Nos. 26809; 27201) ARTICLE VII. SALE OF MERCHANDISE AND PRODUCE ON STREETS AND SIDEWALKS. SEC. 43-127.   UNLAWFUL SOLICITATION AT THE CONVENTION CENTER AND REUNION ARENA.    (a)   A person commits an offense if he solicits money on the premises of:       (1)   the convention center; or       (2)   reunion arena.    (b)   If a person engages in conduct that violates Subsection (a), the person must be ordered to stop the solicitation before being arrested. The order to stop the solicitation may be given by a police officer, security officer, or person with authority to control the use of the premises.    (c)   It is a defense to prosecution under Subsection (a) that:       (1)   no order was given to stop the solicitation;       (2)   an order, if given, was promptly obeyed; or       (3)   the person had the written consent of the lessee of the premises to conduct a solicitation.    (d)   For the purposes of this section, “convention center” means the area contained within the following boundaries:       BEGINNING at the intersection of the west line of Akard Street with the south line of Young Street;       THENCE along the south line of Young Street, in a westerly and northwesterly direction to its intersection with the east line of S. Griffin Street;       THENCE along the east line of S. Griffin Street, in a southerly direction to its intersection with the prolongation of the northerly line of a tract of land conveyed to the City of Dallas, by deed as recorded in Volume 83134, Page 5559, Deed Records of Dallas County, Texas;       THENCE along the prolongation of the northerly line and continuing along the northerly line of the abovementioned tract of land, in a westerly direction, passing the east line of S. Lamar Street and continuing to its intersection with the west line of S. Lamar Street;       THENCE along the west line of S. Lamar Street, in a southerly direction to its intersection with the most northerly line of the Final Plat Dallas Convention Center Expansion (City Plan File #S901-066R);       THENCE along the northerly line of the abovementioned Dallas Convention Center Expansion Plat, in a westerly direction to its intersection with the easterly line of Jefferson Boulevard Viaduct;       THENCE along the easterly line of Jefferson Boulevard Viaduct, in a southerly and southwesterly direction to its intersection with the southwesterly line of Hotel Street;       THENCE along the southwesterly line of Hotel Street, in a southeasterly direction to its intersection with the northwesterly R.O.W. line of E. R.L. Thornton Freeway (I.H. 30);       THENCE along the northwesterly line of E. R.L. Thornton Freeway (I.H. 30), in a northeasterly direction to its intersection with the northwesterly line of Canton Street;       THENCE along the northwesterly line of Canton Street, in a northeasterly direction to its intersection with the southwesterly line of Akard Street, excluding a tract of land bounded by Lamar Street, Canton Street, Griffin Street, and Memorial Drive;       THENCE along the southwesterly line of Akard Street, in a northwesterly and northerly direction to its intersection with the south line of Young Street, and the point of beginning.    (e)   For the purposes of this section, “reunion arena” means:       (1)   inside the reunion arena building and that area within 50 feet of any entrance to or exit from the reunion arena building; and       (2)   parking area A - being the area bounded by Hotel Street, North Drive, Sports Street and “South Park” designated as “Parking Area A”, and being more particularly described as follows:          BEGINNING at a point on the west edge of the west sidewalk along Hotel Street, at a distance of 6 feet north of the north curb line of “Parking Area A”;          THENCE in a southerly, westerly and northerly direction along the back edge of the sidewalk which is 10 feet from the curb line along Hotel Street, North Drive and Sports Street, 413 feet, more or less, to a point 6 feet north of the north curb line of “Parking Area A”;          THENCE eastward along the south line of “South Park” and along a line which is 6 feet perpendicular distance north from and parallel with the north curb line of “Parking Area A”, 246 feet to the place of beginning; and       (3)   parking area B - being the area bounded by Stemmons Freeway, Reunion Boulevard, Sports Street and Sports Place, which is designated as “Parking Area B”, and being more particularly described as follows:          BEGINNING at the intersection of the southeast right-of- way line of Houston Street Viaduct with the northeasterly right-of-way line of Stemmons Freeway;          THENCE in a northwesterly and northerly direction along the northeast and easterly right-of-way line of Stemmons Freeway, and along a line which is 15 feet eastward from the east curb line of the frontage road, 1632 feet, more or less, to the north curb line of “Parking Area B”;          THENCE eastward along the north curb line, 213.24 feet to the southwesterly right-of-way line of Reunion Boulevard;          THENCE southeastward along the southwest right-of- way line of Reunion Boulevard and along a line which is 10 feet southwest from the southwest curb line, 100 feet, more or less, to the easterly right-of-way line of Sports Street;          THENCE southerly and southeasterly along the westerly and northwesterly right-of-way line of Sports Street and along a line which is 10 feet westerly and southwesterly from the westerly curb line of Sports Street, 1367 feet, more or less, to the southeast right-of-way line of Houston Street Viaduct;          THENCE southwesterly along the southeast right-of- way of Houston Street Viaduct and along a line which is 40 feet southeastward from the center line of the Viaduct, 230 feet, more or less, to the place of beginning.       (4)   parking area C - being the area bounded by Memorial Drive, Sports Street, Sports Place and Hotel Street, designated as “Parking Area C”, and being more particularly described as follows:          BEGINNING at the intersection of the northwest edge of the sidewalk along the northwest side of Memorial Drive with the northeast edge of the sidewalk along the northeast side of Sports Street;          THENCE northwestward along the northeast edge of the sidewalk along the northeast side of Sports Street, 280 feet, more or less, to a point on the southeast edge of the sidewalk along the southeast side of Sports Place;          THENCE northeastward along the southeast edge of the sidewalk along the southeast side of Sports Place, 445 feet, more or less, to the northeast curb line of “Parking Area C”;          THENCE southeastward along the curb line of the parking area and along the southwest line of Hotel Street, 275 feet, more or less, to a point on the northwest edge of the sidewalk along the northwest side of Memorial Drive;          THENCE southwestward along the northwest edge of the sidewalk along the northwest side of Memorial Drive, 410 feet, more or less, to the place of beginning.       (5)   parking area D - being the area bounded by Stemmons Freeway, Sports Place, Sports Street, and Memorial Drive, designated as “Parking Area D”, and being more particularly described as follows:          BEGINNING at the intersection of the southwestward prolongation of the northwest line of the sidewalk along the northwest side of Memorial Drive with the southeastward prolongation of the line of the post with chain, which is approximately 7 feet from and parallel with the northeast curb line of the east frontage road along Stemmons Freeway;          THENCE northwestward along the line of the post with chain, along the northeast side of Stemmons Freeway, 265 feet, more or less, to an angle point in the curb line of “Parking Area D”;          THENCE angle right 35° 00’ and northward along the curb line of the parking area, 28 feet, more or less, to a corner in the curb;          THENCE angle right 70° 00’ and northeastward along the curb line of the parking area, 19 feet to an inside corner;          THENCE angle left 90° 00’ and northeastward along the curb line of the parking area, 9 feet to the southeast edge of the 10-foot wide sidewalk along the southeast side of Sports Place;          THENCE northeastward along the southeast edge of the sidewalk along Sports Place, 184 feet to a point for corner in the curb line of the parking area;          THENCE angle right 90° 00’ and southeastward along the curb line of the parking area, 9 feet to an inside corner;          THENCE angle left 110° 00’ and northward along the curb line of the parking area, 19 feet, more or less, to a point on the southwest edge of the sidewalk along the southwest side of Sports Street;          THENCE southeastward along the line of the southwest edge of said sidewalk, 282 feet, more or less to a corner in the curb line of the parking area, said corner being approximately 13 feet southeast from the southeast line of columns for Jefferson Street Viaduct;          THENCE angle right 90° 00’ and southwestward along the curb line of the parking area, 19 feet, more or less, to an inside corner in the curb line;          THENCE angle left 90° 00’ and southeastward along the curb line of the parking area, 18 feet, more or less, to a point on the northwest edge of a 10- foot wide sidewalk along the northwest side of Memorial Drive;          THENCE southwestward along the line of the northwest edge of the sidewalk along the northwest side of Memorial Drive, 218 feet, more or less, to the place of beginning.       (6)   parking area E - being the area bounded by Memorial Drive, Hotel Street, R. L. Thornton Freeway and Stemmons Freeway, designated as “Parking Area E”, and being more particularly described as follows:          BEGINNING at the southeast corner of “Parking Area E”, which is the intersection of the southwest edge of the sidewalk along the southwest side of Hotel Street with the post with chain line along the north line of R. L. Thornton Freeway;          THENCE in a westerly and northwesterly direction along the line of post with chain, along the northerly line of R. L. Thornton Freeway and the northeasterly line of Stemmons Freeway, 1380 feet, more or less, to a curb line at the northwest corner of “Parking Area E”, at a distance of approximately 30 feet south of the prolongation of the southeast curb line of Memorial Drive;          THENCE angle right 90° 00’ and northeastward along the curb line of said parking area, 22 feet, more or less, to an inside corner in said curb line;          THENCE angle left 80° 00’ and northwestward along the curb line of said parking area, 19 feet to the southeast edge of a 10-foot wide sidewalk along the southeast side of Memorial Drive;          THENCE northeastward along the southeast edge of the sidewalk along the southeast side of Memorial Drive, 189 feet to a corner in said parking area;          THENCE angle right 90° 00’ and southeastward along the curb line in said parking area, 19 feet to an inside corner of said curb;          THENCE angle left 100° 00’ and northeastward along a curb line in said parking area, 20 feet to the southwest edge of the sidewalk along the southwest side of a drive designated as “Driveway E”;          THENCE angle right 90° 00’ and southeastward along the southwest edge of the sidewalk along the southwest side of said drive, 15 feet, more or less, to its intersection with the southwestward prolongation of the southeast edge of a 10-foot wide sidewalk along the southeast side of Memorial Drive;          THENCE northeastward along the line of the southeast edge of the 10- foot wide sidewalk along the southeast side of Memorial Drive, 450 feet, more or less, to a corner in the most northerly portion of “Parking Area E”;          THENCE angle right 90° 00’ and southeastward along a curb line in said parking area, 19 feet to an inside corner in the curb line of said parking area;          THENCE angle left 90° 00’ and northeastward parallel with Memorial Drive and along a curb line of said parking area, 18 feet, more or less, to the southwest edge of the sidewalk along the southwest side of Hotel Street;          THENCE southeastward along the southwest edge of the sidewalk along the southwest side of Hotel Street, 1078 feet, more or less, to the place of beginning.       (7)   parking area F - being a fenced area lying within the right-of-way of Stemmons Freeway at R. L. Thornton Freeway, designated as “Parking Area F”, and being more particularly described as follows:          BEGINNING at the intersection of the chain link fence along the southwest side of the east frontage road along Stemmons Freeway with the northeastward prolongation of the chain link fence along the northwest side of “Parking Area F”, said point being approximately 12 feet south of the south end of the headwall of the culvert for Mill Creek Channel;          THENCE southeastward along the line of the chain link fence along the southwest side of the east frontage road, 450 feet, more or less, to a fence corner;          THENCE angle right 90° 00’ and southward along the chain link fence, 25 feet, more or less, to an inside corner of the chain link fence;          THENCE angle left 65° 30’ and southeastward along the chain link fence, 25 feet, more or less, to a fence corner;          THENCE southwestward along a chain link fence line along the northwest line of an access road from the east frontage road to R. L. Thornton Freeway, known as “Connection G”, 253 feet, more or less, to a fence corner being the most southerly corner of said “Parking Area F”;          THENCE northwestward along the chain link fence line, along the southwest side of the parking area, 467 feet, more or less, to a fence corner on the northwest line of said parking area;          THENCE northeastward along the chain link fence along the northwest side of said parking area, 135 feet, more or less, to the place of beginning.       (8)   parking area G - being the area bounded by Houston Street Viaduct, Stemmons Freeway and Industrial Boulevard, and being the area enclosed by chain link fence and post with chain, designated as “Parking Area G” and being more particularly described as follows:          BEGINNING at a fence corner at the intersection of the northwest right-of-way line of Houston Street Viaduct with the westerly right-of-way line of Stemmons Freeway;          THENCE in a southeasterly and southerly direction along a chain link fence along the westerly right-of- way line of Stemmons Freeway, 1022 feet, more or less, to a point on the northeast right-of-way line of Industrial Boulevard;          THENCE in a northwesterly direction along a line of post, with chain, along the northeast right-of-way line of Industrial Boulevard, 822 feet, more or less, to a fence corner which is 3 feet southeast from the northwest right- of-way line of Houston Street Viaduct;          THENCE in a northeasterly direction along a chain link fence which is 3 feet southeast from the northwest right- of-way line of Houston Street Viaduct, 121 feet, more or less, to a fence corner;          THENCE angle left 90° 00’ in a northwesterly direction along a chain link fence, 3 feet to a fence corner;          THENCE angle right 90° 00’ in a northeasterly direction along a chain link fence along the northwest right-of- way line of Houston Street Viaduct, 336 feet, more or less, to the place of beginning.       (9)   the Houston Loop Parking Area - being the area bounded by Houston Street, Houston Street Viaduct, AMTRAK right-of-way and Reunion Boulevard, designated as “Houston Loop Parking Area” and being more particularly described as follows:          BEGINNING at a point on the back of the east curb line of “Houston Loop Parking Area”, which is along the west line of Houston Street said point being approximately 12 feet north of the north end of Houston Street Viaduct;          THENCE southward along the back edge of the east curb line of said parking area and parallel with Houston Street Viaduct, 607 feet, more or less, to a guard rail with post;          THENCE southwestward along the guard rail and post, 40 feet, more or less, to a chain link fence; which is on the northeast right-of-way line of AMTRAK;          THENCE northwestward along the northeast line of the AMTRAK right-of- way and along a chain link fence, 575 feet, more or less, to the northwest curb line of said parking area;          THENCE northeastward along the curb line which is approximately 50 feet southeast from and parallel with the southeast curb line of Reunion Boulevard, 260 feet, more or less, to the beginning of the concrete pavement for the exit drive to Reunion Boulevard, which is also the northeast corner of a concrete pad for a revenue control system;          THENCE angle right 90° and southeastward, 19 feet;          THENCE angle left 45° 00’ and eastward 122 feet, more or less, to the place of beginning. (Ord. Nos. 15167; 16834; 24554) SEC. 43-128.   RESERVED.    (Repealed by Ord. 16309) SEC. 43-129.   CAUSING CROWD TO CONGREGATE ON SIDEWALK.    No person shall occupy any space on the sidewalk or any space near the sidewalk where the same attracts any crowd or causes any crowd to congregate on the sidewalk or where the patrons or customers must remain on the sidewalk, for the purpose of carrying on any kind of business whether for amusement or profit. (Code 1941, Art. 143-8) SECS. 43-130 THRU 43-132. RESERVED.    (Repealed by Ord. 16309) SEC. 43-133.   USE OF SIDEWALK FOR DISPLAY OF MERCHANDISE.    No merchant or owner of a building, fronting on any street, shall be allowed the use of any portion of any sidewalk for the display of goods, wares or merchandise. (Code 1941, Art. 143-12; Ord. 3707) SEC. 43-134.   USE OF SIDEWALK TO FORWARD OR RECEIVE MERCHANDISE.    Nothing in this article shall be so construed as to prevent any merchant from occupying not more than one-half of any sidewalk in receiving and forwarding goods, wares and merchandise; provided, that such goods, wares and merchandise shall not remain on such sidewalk for a longer period than one and one-half hours. (Code 1941, Art. 143-12; Ord. 3707) ARTICLE VIII. CERTAIN USES OF PUBLIC RIGHT-OF-WAY. SEC. 43-135.   DEFINITIONS.    In this article:       (1)   ABOVE GROUND UTILITY STRUCTURE or AGUS means any utility structure that extends higher than the surrounding grade.       (2)   AGUS PLACEMENT GUIDELINES means a manual published by the city of Dallas that contains engineering, technical, and other special criteria and standards established by the director for the placement of above ground utility structures.       (3)   BACKFILL means:          (A)   the placement of new dirt, fill, or other material to refill an excavation; or          (B)   the return of excavated dirt, fill, or other material to an excavation.       (4)   CITY means the city of Dallas and the city's officers and employees.       (5)   CLOSURE means a complete or partial closing of a sidewalk or one or more lanes of traffic of a thoroughfare for any period of time.       (6)   CONSTRUCTION means any of the following activities performed by any person within a public right-of-way:          (A)   Installation, excavation, laying, placement, repair, upgrade, maintenance, or relocation of facilities or other improvements, whether temporary or permanent.          (B)   Modification or alteration to any surface, subsurface, or aerial space within the public right-of-way.          (C)   Performance, restoration, or repair of pavement cuts or excavations.          (D)   Reconstruction of any of the work described in Paragraphs (6)(A) through (6)(C) of this subsection.          (E)   Other similar construction work.       (7)   DESIGN DISTRICT means an area the city council has designated as a:          (A)   public improvement district pursuant to Chapter 372 of the Texas Local Government Code, as amended;          (B)   reinvestment zone pursuant to Chapter 311 of the Texas Tax Code, as amended;          (C)   planned development zoning district;          (D)   form zoning district subject to Chapter 51A of this code, as amended; or          (E)   conservation district.       (8)   DESIGN MANUAL means a manual published by the city that contains engineering, technical, and other special criteria and standards established by the director for the placement, installation, collocation, replacement, and repair of network nodes, as that term is defined in Chapter 284 of the Texas Local Government Code, as amended, and any related infrastructure, including poles, in the public right-of-way.       (9)   DIRECTOR means the director of public works or any designated representative.       (10)   EMERGENCY ACTIVITY means circumstances requiring immediate construction or operations by a public service provider to:          (A)   prevent imminent damage or injury to the health or safety of any person or to the public right-of-way;          (B)   restore service; or          (C)   prevent the loss of service.       (11)   EXCAVATION means the removal of dirt, fill, or other material in the public right-of-way, including but not limited to the methods of open trenching, boring, tunneling, or jacking.       (12)   FACILITIES means the plant, equipment, buildings, structures, poles, wires, cables, lines, conduit, mains, pipes, vaults, above ground utility structures, and appurtenances of a public service provider and includes property owned, operated, leased, licensed, used, controlled, or supplied for, by, or in connection with the business of the public service provider.       (13)   MAJOR PROJECT means any construction that requires a pavement cut of a length of 300 linear feet or greater within any single street or alley or any construction in an area that the director determines occurs in an area of high vehicular traffic.       (14)   PAVEMENT CUT means a cut made into the paved surface of the public right-of-way.       (15)   PAVEMENT CUT AND REPAIR STANDARDS MANUAL means a manual published by the city of Dallas that contains engineering, technical, and other special criteria and standards established by the director for pavement cut, excavation, backfill, restoration, and repair activities in the public right- of-way.       (16)   PERMITTEE means the person applying for or receiving a permit to perform construction within the city's right-of-way under the terms and conditions of this article. The term includes:          (A)   any officer, director, partner, manager, superintendent, or other authorized person exercising control over or on behalf of the permittee; and          (B)   any contractor or subcontractor of the permittee, for purposes of compliance with the City of Dallas Pavement Cut and Repair Standards Manual and the traffic control, construction, and maintenance requirements of this article.       (17)   PERSON means a natural person, a corporation, a public service provider, a governmental entity or agency (including the city), a limited liability company, a joint venture, a business trust, an estate, a trust, a partnership, an association, or any other legal entity.       (18)   PUBLIC RIGHT-OF-WAY means any area of land within the city that is acquired by, dedicated to, or claimed by the city in fee simple, by easement, or by prescriptive right and that is expressly or impliedly accepted or used in fact or by operation of law as a public roadway, highway, street, sidewalk, alley, or utility access easement. The term includes the area on, below, and above the surface of the public right-of-way. The term applies regardless of whether the public right-of-way is paved or unpaved. The term does not include airwaves above the public right-of- way that fall under the exclusive jurisdiction of the United States government.       (19)   PUBLIC SERVICE PROVIDER means any wholesale or retail electric utility, gas utility, telecommunications company, cable company, water utility, storm water utility, or wastewater utility, regardless of whether the public service provider is publicly or privately owned or required to operate within the city pursuant to a franchise, including a network provider as that term is defined in Chapter 284 of the Texas Local Government Code, as amended.       (20)   SPOILS or EXCAVATED MATERIAL means construction waste, construction supplies, or excavated dirt, fill, or other similar material that is stored or placed upon the surface of a public right-of-way.       (21)   SUBDIVISION means "subdivision" as defined in Article VIII, "Plat Regulations," of the Dallas Development Code, as amended.       (22)   THOROUGHFARE means:          (A)   a public traffic arterial, as designated in the city's thoroughfare plan;          (B)   a nonresidential collector street, as defined in the Street Design Manual of the city of Dallas; and          (C)   all streets within the central business district.       (23)   UTILITY STRUCTURE:          (A)   means any structure, cabinet, or other appurtenance (other than a pole or a device attached to a pole) that is owned or used by a public service provider to provide service; and          (B)   does not include:             (i)   a device or structure used to control or direct pedestrian or vehicular traffic on an adjacent roadway; or             (ii)   any infrastructure that provides water used for fire suppression. (Ord. Nos. 24495; 26263; 28424; 30239; 30620; 30654; 31313) SEC. 43-136.   DIRECTOR’S AUTHORITY; ENFORCEMENT; OFFENSES.    (a)   The director is authorized to administer and enforce the provisions of this article, and to promulgate regulations, including but not limited to engineering, technical, and other special criteria and standards, to aid in the administration and enforcement of this article that are not in conflict with this article, this code, or state or federal law. To further aid in the administration and enforcement of this article, the director is also authorized to promulgate regulations and operational standards governing the shared use of the public right-of-way by transportation uses (including but not limited to streetcars) and public service providers, so long as those regulations and standards are not in conflict with this article, this code, or state or federal law.    (b)   The director is authorized to enter upon a construction site for which a permit is granted under this article or, where necessary, upon private property adjacent to the construction site, for purposes of inspection to determine compliance with the permit or this article.    (c)   A person commits an offense if he:       (1)   performs, authorizes, directs, or supervises construction without a valid permit issued under this article;       (2)   violates any other provision of this article;       (3)   fails to comply with restrictions or requirements of a permit issued under this article; or       (4)   fails to comply with an order or regulation of the director issued pursuant to this article.    (d)   A person commits an offense if, in connection with the performance of construction in the public right-of-way, he:       (1)   damages the public right-of-way beyond what is incidental or necessary to the performance of the construction;       (2)   damages public or private facilities within the public right-of- way; or       (3)   knowingly fails to clear debris associated with the construction from a public right-of- way after construction is completed.    (e)   It is a defense to prosecution under Subsection (d)(2) if the person complied with all of the requirements of this article and state law and caused the damage because the facilities in question:       (1)   were not shown or indicated in a plan document, plan of record, record construction drawing, or field survey, staking, or marking; and       (2)   could not otherwise be discovered in the public right-of-way through the use of due diligence.    (f)   A person commits an offense if, while performing any construction or other activity along a public right-of-way (whether or not a building or other permit is required for the activity), the person:       (1)   damages the public right-of-way or public or private facilities located within the public right-of- way; or       (2)   fails to clear debris associated with the construction or other activity from a public right-of-way.    (g)   It is a defense to prosecution under Subsections (f)(1) and (f)(2) that the person was performing all of the construction or other activity along the public right-of-way in compliance with any permit issued for the construction or activity.    (h)   A person who violates a provision of this article is guilty of a separate offense for each day or portion of a day during which the violation is committed, continued, authorized, directed, or permitted. An offense under Subsection (d)(3) or (f)(2) is punishable by a fine of not less than $500 or more than $2,000. Any other offense under this article is punishable by a fine of $500. The culpable mental state required for the commission of an offense under this article is governed by Section 1-5.1 of this code.    (i)   This article may be enforced by civil court action in accordance with state or federal law, in addition to any other remedies, civil or criminal, the city has for a violation of this article.    (j)   Prior to initiation of civil enforcement litigation, the permittee or any other person who has violated a provision of this article must be given the opportunity to correct the violation within the time frame specified by the director. This subsection does not prohibit the director or the city from taking enforcement action as to past or present violations of this article, notwithstanding their correction. (Ord. Nos. 24495; 26263; 28066) SEC. 43-137.   REGISTRATION; OTHER REQUIREMENTS.    (a)   Nothing in this section relieves any person from obtaining a permit under this article to perform work in the public right-of-way.    (b)   In order to protect the public health, safety, and welfare, a public service provider maintaining or operating existing facilities in the public right-of-way, and any other person working in the public right-of-way, must register with the director in accordance with the following requirements:       (1)   The registration must be on a form furnished by the director and made in the name of the public service provider that owns the facilities or the person working in the public right-of-way.       (2)   Registration expires March 1 of every year after the calendar year in which the first registration occurs. If a registration is not renewed by the expiration date, the director shall furnish written notice to the public service provider or person that the registration has expired. If a public service provider or person fails to renew registration within 30 calendar days after the director gives notice of the expiration, the facilities of the public service provider or person will be deemed to have been legally abandoned.       (3)   If information provided as part of the registration changes, the public service provider or person must inform the director in writing not more than 30 days after the date the change occurs.       (4)   The public service provider or person shall also include the following with the registration:          (A)   The name of the public service provider or person using the public right-of-way, including any business name, assumed name, or trade name the public service provider operates under or has operated under within the past five years.          (B)   If the public service provider is a certificated telecommunications provider, the certificate number issued by the Texas Public Utility Commission.          (C)   The ordinance number of any franchise or license issued by the city of Dallas that authorizes the public service provider or person to use the public right-of-way.          (D)   The names, mailing addresses, e-mail addresses, and telephone numbers of at least two persons who will be general, day-to-day contacts for the public service provider or person. At least one of the addresses must be within the Dallas/Fort Worth metropolitan area.          (E)   The name, mailing address, and e-mail address of the officer or agent designated as the person authorized to receive service of process on behalf of the public service provider or person.          (F)   The name, mailing address, e-mail addresses, and telephone number of any contractor or subcontractor, if known, who will be working in the public right-of-way on behalf of the public service provider or person.          (G)   The names, telephone numbers, and e-mail addresses of at least two persons serving as emergency contacts who can be reached by telephone 24 hours a day, seven days a week. The telephone numbers should be accessible without the city having to pay a long distance telephone or toll charge.          (H)   Proof of existing insurance that complies with the following requirements:             (i)   The minimum insurance coverage for a public service provider must be commercial general liability insurance, or any combination of general liability and umbrella/excess insurance, (including, but not limited to, premises operations, personal and advertising injury, products/completed operations, and independent contractors and contractual liability) with a minimum combined bodily injury (including death) and property damage limit of $25,000,000 per occurrence, $25,000,000 products/completed operations aggregate, and $25,000,000 general aggregate, except that public service providers or persons conducting pavement cuts or excavations not more than 18 inches in depth from the top of the pavement must provide a minimum combined bodily injury (including death) and property damage limit of $500,000 per occurrence $500,000 products/completed operations aggregate, and $500,000 general aggregate. The liability insurance policy must also include coverage for explosion, collapse, and underground hazards. The insurance coverage must be written by a company or companies approved to conduct business in the State of Texas. The city must be named as an additional insured on the policy by using endorsement CG 20 26 or broader.             (ii)   The insurance filed by a public service provider or person working in the public right-of-way must also meet the same requirements as insurance filed by a permittee under Section 43-140(a)(3) through (a)(7). A public service provider or person registered under this section has the same duties, obligations, and liabilities as a permittee under Section 43-140(a)(3) through (a)(7), except that a public service provider or person registered under this section does not have to file separate proof of insurance every time it obtains a permit to perform work in the public right-of-way.             (iii)   If the public service provider or person is an entity that has a tangible net worth ratio of 3 to 1 (assets to liabilities) with a minimum tangible net worth of at least $100,000,000, proof of self-insurance sufficient to meet the coverage required in this subparagraph is sufficient to satisfy the insurance requirements of this subparagraph.       (5)   The insurance requirements of Subsection (b)(4)(H) of this section do not apply to:          (A)   construction or other activity performed by the city's own departments or by contractors hired by the city and working on city-owned facilities within the public right-of-way; or          (B)   a public service provider or person operating facilities or performing construction pursuant to a valid existing franchise or license approved by the city council. (Ord. Nos. 24495; 26263; 29993) SEC. 43-138.   PLANS OF RECORD.    (a)   Any public service provider with facilities in the public right-of-way shall submit plans of record in accordance with the following requirements:       (1)   On or before April 1, 2001, a public service provider shall submit to the director a schedule to provide complete plans of record that show all of its facilities existing in the public right-of-way as of the date the plans of record are submitted to the director in compliance with this section. The schedule must provide for all plans of record for existing facilities inside the central business district to be furnished to the director on or before March 1, 2002 and for all plans of record for existing facilities outside the central business district to be furnished to the director on or before March 1, 2003.       (2)   On or before March 1 of each calendar year following the initial submittal of its plans of record, a public service provider shall provide to the director plans of record that show all installations of new facilities, and all changes, additions, abandonments, and relocations relating to existing facilities, completed in the previous calendar year, both inside and outside of the central business district.       (3)   The plans of record must be provided in a format specified by the director and must contain such detail and accuracy as are required by the director. Plans of record must be submitted in computerized or digital format.    (b)   If plans of record submitted under this section include information expressly designated by the public service provider as a trade secret or other confidential information protected from disclosure by state law, the director may not disclose that information to the public without the consent of the public service provider, unless otherwise compelled by an opinion of the attorney general pursuant to the Texas Open Records Act, as amended, or by a court having jurisdiction of the matter pursuant to applicable law. This subsection may not be construed to authorize a public service provider to designate all matters in its plans of record as confidential or as trade secrets. (Ord. Nos. 24495; 26263) SEC. 43-139.   PERMIT REQUIRED; EXCEPTIONS; CONDITIONS; DENIAL AND REVOCATION.    (a)   A person shall not perform any construction, except for an emergency activity, within a public right- of-way without first obtaining a permit from the director prior to the start of construction. A person who undertakes any work outside of the public right- of-way that will cut, break, or otherwise damage the public right-of-way shall also obtain a permit under this section. Except as provided in Subsection (b), a permit is required in accordance with this section for the following types of construction, regardless of whether the construction is in or outside of a public right-of-way:       (1)   Installation of an above ground utility structure that does not replace an existing facility.       (2)   Replacement or upgrade of an existing above ground utility structure with another above ground utility structure.       (3)   Replacement of an existing below ground utility structure with an above ground utility structure.    (b)   Exceptions.       (1)   A permit is not required under Subsection (a) if the activity in or outside of the public right-of-way consists exclusively of:          (A)   the placement of an above ground utility structure on property that is not:             (i)   zoned as residential; or             (ii)   adjacent to property zoned as residential;          (B)   the replacement or upgrade of an existing above ground utility structure on or adjacent to property that is zoned as residential when:             (i)   the existing structure is less than 39 inches tall; and             (ii)   the replacement or upgrade will not increase the size or change the location of the structure; or                       (C)   maintenance or service to an existing above ground utility structure.       (2)   A permit is not required under Subsection (a) if the activity in the public right-of-way consists exclusively of:          (A)   a connection of real property to a retail utility service on the same side of the public right- of-way, if the connection does not require a pavement cut; or          (B)   the replacement of a single damaged pole.    (c)   The following procedures and requirements govern the application for and issuance of a permit required under Subsection (a) of this section:       (1)   A permit application must be made in writing on a form approved by the director. The application must be signed and submitted by the owner of the facility for which the permit is requested or, if the work does not involve a facility, by the owner of the improvement for which the permit is requested.       (2)   Except in the case of a major project, a permit application must be submitted to the director not less than three business days before commencement of the proposed construction unless emergency activity is required, in which case immediate notice, including the reasons for the emergency activity, must be given to the director. The proposed construction on the project may commence upon issuance of the permit by the director.       (3)   A permit application for a major project must be submitted enough time in advance of the commencement of the proposed construction to allow the director at least 30 business days for review. During this project submission review period, schedules, alternatives to cutting the street, utility assignments, special repair requirements, and all other questions will be resolved. Adjustments to time limits specified in the Pavement Cut and Repair Standards Manual may be granted by the director for major project work. The proposed construction on the project may commence upon issuance of the permit by the director.       (4)   A permit application must include a statement by the applicant that the applicant has collected all available plans for existing city of Dallas underground facilities and other public and private utilities and has included those facilities and utilities in the applicant's design, showing no apparent conflict. The statement must also affirm that the applicant will perform field verifications as necessary during construction to locate all city and other existing underground facilities.       (5)   A permit application for an above ground utility structure in or outside of a public right-of-way must include identification of appropriate locations for the structure that are consistent with the placement criteria set forth in the AGUS Placement Guidelines.       (6)   The permit application on any project must include submittal of plans to the director. When required by the Texas Engineering Practice Act, as amended, the plans must be sealed by a professional engineer licensed to practice in the State of Texas. The plans must include the horizontal and vertical alignments of all proposed facilities in relation to all existing public and private facilities in plan view. The plans must clearly show the proposed locations of all above ground utility structures and include a detail view showing the height, width, and depth dimensions of each type of above ground utility structure (including any supporting pad) to be installed. If the project is a major project that is located within the central business district, crosses street intersections, or involves crossing proposed facilities over or under existing facilities, the plans must also include a representation of the vertical alignment of the facilities in profile view. Each sheet of the plans must have a note instructing the contractor to verify the location of underground utilities at least 100 feet in advance of all proposed utility crossings, and also at locations where the proposed facilities are shown to be running parallel to existing facilities within five feet. The plans must be half size (11" X 17") at a scale no smaller than 1" = 40' in plan view and 1" = 6' in profile view. Each project must be assigned a project number, which must appear on each sheet. Plans must be readable with a minimum lettering size of 1/8".       (7)   A permit is required even if other authority has been granted by the director to make a pavement cut or excavation in a public right-of-way as part of a city construction project.       (8)   The director shall state on the permit the activity for which the permit is issued and include any additional restrictions or requirements determined necessary by the director.       (9)   The permittee has the exclusive responsibility to coordinate with other public service providers to protect all existing facilities in the public right-of-way in which the construction occurs.       (10)   The permittee shall, as an express condition of the permit, comply in all respects with the requirements prescribed for the permitted activity in the Pavement Cut and Repair Standards Manual, the AGUS Placement Guidelines, and the Design Manual, as applicable; and with all other city ordinances and state or federal laws or regulations affecting the permitted activity.       (11)   The director shall notify persons who registered under Section 43-137 during the previous calendar year of pavement surfaces to be reconstructed or resurfaced by the city during the next calendar year.       (12)   A person or public service provider planning construction within the public right-of-way shall notify the director by March 1 of each year of all then-known facility expansion or replacement projects planned for the next fiscal year that may require pavement cuts or excavations.       (13)   The director may require any permittee to use trenchless technology or boring, instead of disturbing a public right-of-way surface, if it is:          (A)   in the best interest of the city;          (B)   technically, commercially, and economically feasible; and          (C)   not in violation of federal or state regulations or industry safety standards.       (14)   Directional drilling or boring may not be used in the central business district, unless otherwise approved by the director as being in the best interest of the public health, safety, welfare, and convenience.       (15)   In using trenchless technology or boring, whether or not required under Paragraph (13) of this subsection, the permittee must:          (A)   obtain and have at the construction site recent plans from the city's water utilities department, and, where available, plans from owners of all other underground facilities, showing the horizontal and vertical placement of the underground facilities, if the permittee's proposed facilities will:             (i)   cross other existing facilities; or             (ii)   be located within five feet of existing facilities at any point;          (B)   locate all water main lines by potholing, if the permittee's proposed facilities will:             (i)   cross other existing facilities; or             (ii)   be located within five feet of existing facilities at any point; and          (C)   be able to locate the bore head at all times in accordance with the latest technologies and provide the location of the bore to the director upon request.       (16)   The permittee shall maintain the construction area in a public right-of-way in a manner that avoids dust, other health hazards, and hazards to vehicular and pedestrian traffic until the public right-of-way is permanently repaired.       (17)   When making a pavement cut or excavation, or placing spoils or excavated material in or along a public right-of-way, the permittee shall place barricades, warning signs, and warning lights at the location sufficient to warn the public of the hazard of the cut, excavation, spoils, or excavated material in compliance with the latest Edition of the Texas Manual on Uniform Traffic Control Devices, as amended, published by the Texas Department of Transportation and City of Dallas requirements. Excavated material and debris must be removed from the right-of-way on a daily basis.       (18)   The director may require the permittee to share trench space to minimize the disruption of vehicular and pedestrian traffic or to provide space for needed city facility installations if such sharing is:          (A)   technically, commercially, and economically feasible; and          (B)   not in violation of state or federal regulations or industry safety standards.       (19)   A traffic control plan must be submitted with the permit application and must include detailed drawings showing the proposed traffic controls for vehicular and pedestrian traffic for each phase of the proposed work in the public right-of-way. Traffic control plans must show necessary pedestrian sidewalk detours, crosswalk closures, temporary covered walkways, or scaffolding for the safety of pedestrians that comply with the requirements of the latest edition of the Texas Manual of Uniform Traffic Control Devices, as amended, published by the Texas Department of Transportation and City of Dallas requirements. Traffic control plans must be approved by the City of Dallas before commencing work.       (20)   The permittee must affirm on the permit application that the permittee has complied with the pre-construction notice requirements in this article.       (21)   The director may prohibit street excavation when a permittee seeks to install facilities in a design district or in an area that is part of a major project, unless the permittee can show that existing facilities are unavailable to serve the current needs of the permittee or the permittee's existing customers, whether through facilities owned by the permittee or are otherwise available.    (d)   The following additional procedures apply if it is necessary to close, in whole or in part, a public right- of-way for purposes of making a pavement cut or an excavation:       (1)   For any closure of a traffic lane or blocking of a sidewalk or alley lasting one day or less, the permittee shall conspicuously mark its vehicles with the permittee’s name and telephone number.       (2)   Any closure of a traffic lane or blocking of a sidewalk or alley lasting longer than one day must be identified by a sign that is clearly legible to the traveling public. The sign must be posted at or in close proximity to the worksite and must contain:          (A)   the name of the permittee;          (B)   the name of the person performing the construction on behalf of the permittee, if any; and          (C)   a local 24-hour contact number that can be used in case of emergency or to answer any questions.       (3)   The requirements of Paragraphs (1) and (2) of this subsection are in addition to any other signage, barricades, or warning devices required by law or ordinance. The sign information required by Paragraph (2) of this subsection may be included on barricades or warning devices.       (4)   When permitted construction will last longer than two weeks, the permittee shall give written notification to all adjacent property occupants by conspicuously posting the notification on each adjacent property at least 72 hours before commencement of construction, unless the director determines that an emergency exists.       (5)   If a street or alley must be totally closed for any duration, the permittee shall provide for reasonable alternative access to the adjacent property by the property’s occupants and invitees, which access must include but is not limited to deliveries to the property.       (6)   If construction on a partially closed thoroughfare stops for the day, all thoroughfare lanes must be reopened to traffic, unless an extended time of closure is expressly granted by the permit.       (7)   If a pavement cut is to be covered, the permittee shall use steel plates, or equivalent plates, of sufficient strength and thickness to support all traffic.       (8)   Plates must be sufficiently secured in place so as not to become dislodged or in any way cause a hazard to any traffic or cause any loud and disturbing noises and vibrations through the use of materials such as asphalt, flexible plastic gaskets, wedges, or other non-asphaltic devices. Transitions must be placed as required with a minimum 2:1 slope to provide a reasonably smooth riding surface.       (9)   Plates must be marked with the name of the person performing the construction and with a local 24-hour contact number that can be used in case of an emergency, unless a sign complying with Paragraph (2) of this subsection is posted at or in close proximity to the worksite.    (e)   Unless it becomes necessary to conduct emergency activity, a permittee shall not cause or allow interference with traffic flow on a thoroughfare, arterial, or a community collector during the hours of 6:30 a.m. through 9:30 a.m. and 3:30 p.m. through 6:30 p.m., Monday through Friday.    (f)   A temporary repair may not remain on public right-of-way for more than 14 calendar days after the completion of the repair or installation of the underground structure or facility, unless a time extension has been granted by the director. The city may, at the expense of the permittee or other responsible person, remove any temporary repair remaining in the public right- of-way beyond the 14-day time limit and make permanent repairs. Any exception to the 14-day time limit, other than a relocation of a facility in advance of a city construction project in the public right-of-way, must be approved by the director prior to expiration of the time limit.    (g)   If no construction has commenced under a permit within 60 calendar days after issuance of the permit, the permit becomes null and void, and a new permit is required before construction may be performed in the public right-of- way or, for an above ground utility structure, in or outside of the public right-of-way. An extension to a permit may be granted by the director only before the permit expires.    (h)   The director may refuse to issue a permit if:       (1)   the proposed construction will substantially interfere with vehicles or pedestrians and no procedures, or procedures inconsistent with this article, have been implemented to minimize the interference;       (2)   the proposed construction will substantially interfere with another activity for which a permit has been issued, or will conflict or interfere with existing facilities already in the public right-of- way;       (3)   the proposed barricading, channelizing, signing, warning, or other traffic control procedures or equipment do not comply with the requirements of the 1980 edition of the Texas Manual on Uniform Traffic Control Devices, as amended;       (4)   the proposed construction, incidental traffic control, or other permitted activity, or the manner in which it is to be performed, will violate a city ordinance or regulation or a state or federal statute or regulation;       (5)   the permittee:          (A)   failed to furnish all the information required by this article;          (B)   knowingly or intentionally furnished materially false or incorrect information to the director;          (C)   failed, except for good cause shown, to file the application on the approved form within the time limits prescribed by this section;          (D)   failed or refused to submit plans of record as required under Section 43-138;          (E)   was convicted of violating a provision of this article twice within the two-year period immediately preceding the date of application;          (F)   failed to furnish or have on file with the director the insurance required under this article;          (G)   is not in compliance with applicable requirements of an existing permit issued under this article;          (H)   has not obtained a current copy of the Pavement Cut and Repair Standards Manual from the director; or          (I)   failed to comply with the AGUS Placement Guidelines without having received a waiver by the director under Section 43-141.    (i)   The director may suspend construction or revoke an issued permit on the same grounds on which a permit may be denied under Subsection (h), or if the permittee:       (1)   commences or performs construction in violation of an applicable requirement of this article or the permit;       (2)   creates or is likely to create a public health or safety hazard by performance of the construction in question;       (3)   fails to comply with an order or regulation of the director;       (4)   fails to comply with restrictions or requirements of other city ordinances or state or federal laws or regulations applicable to the construction; or       (5)   commences or performs work without having prior knowledge and understanding of the applicable repair standards or without having obtained a current copy of the Pavement Cut and Repair Standards Manual from the director.    (j)   The director shall provide written notice of a suspension or revocation to the permittee or the person hired by the permittee to perform the construction. Construction that is suspended may not resume until the director determines that the permittee has corrected the violation, noncompliance, or hazard that caused the suspension. A permit that has been revoked may be reinstated by the director if the director determines that:       (1)   the permittee has corrected the violation, noncompliance, or hazard that caused the revocation; and       (2)   the health or safety of the public is not jeopardized by reinstating the permit.    (k)   Any variance from the requirements of this article must be approved in advance by the director. The director may grant a variance only if an extreme hardship exists and the public health, safety, welfare, and convenience is not adversely affected by granting the variance. The director may not approve any variance that would give a competitive advantage to one person over another person providing the same or similar service. The director may not grant a variance from the indemnity requirements of Section 43-140(d). (Ord. Nos. 24495; 26263; 29993; 30620; 31209) SEC. 43-139.1.   NETWORK NODES AND RELATED INFRASTRUCTURE.    (a)   The terms used in this section have the meanings ascribed to them in Chapter 284 of the Texas Local Government Code, as amended.    (b)   A person shall not construct, place, install, replace, upgrade, repair, or collocate a network node or related infrastructure, including poles, within a public right-of-way without first obtaining a permit from the director.    (c)   Permit applications must be accepted and processed as provided in the Design Manual and in accordance with Chapter 284 of the Texas Local Government Code, as amended. A permit application for a network node must be accompanied by a fully executed pole attachment agreement for the proposed location or an approved permit for a node support pole at the proposed location in order for the application to be deemed complete. The director shall deny applications that do not include required materials and information in accordance with state law and the Design Manual.    (d)   A person shall not file, or have pending, more than 30 permit applications for the installation or collocation of network nodes at any time.    (e)   Permit fees and compensation for use of the right-of-way and any city infrastructure pursuant to Chapter 284 of the Texas Local Government Code, as amended, shall be as provided by state law and the Design Manual.    (f)   The placement, installation, or collocation of a network node or related infrastructure, including poles, in a design district with decorative poles or in a district the city has designated as historic, is subject to additional design, concealment, and aesthetic standards, as set out in the Design Manual.    (g)   A network provider shall not install a new node support pole in a public right-of-way if the public right-of-way is:       (1)   adjacent to property under the control and jurisdiction of the park board; or       (2)   adjacent to a street or thoroughfare that is not more than 50 feet wide and adjacent to property zoned for residential uses, as that term is defined by the Dallas Development Code, or deed restriction.    (h)   Designations.       (1)   Any area that meets the definition of a design district under this article is hereby designated a design district for purposes of Chapter 284 of the Texas Local Government Code, as amended.       (2)   Any area within the city without utility poles is hereby designated as an underground district pursuant to Chapter 284 of the Local Government Code, as amended, and is subject to additional design, concealment, and aesthetic standards as set out in the Design Manual.    (i)   A person acting under this section shall do so in accordance with the terms of the permit, the Design Manual, and all applicable city ordinances, state, and federal laws. (Ord. 30620) SEC. 43-140.   INSURANCE AND INDEMNITY REQUIREMENTS; EXCEPTIONS.    (a)   As an express precondition to being granted a permit to perform construction within a public right- of-way, the permittee shall furnish the director proof of existing insurance in accordance with the following requirements:       (1)   If the construction will require a pavement cut or excavation not more than 18 inches in depth and 300 feet in length, the permittee must provide proof of commercial general liability insurance (including, but not limited to, premises operations, personal and advertising injury, products/completed operations, and independent contractors and contractual liability) with a minimum combined bodily injury (including death) and property damage limit of $500,000 per occurrence, $500,000 products/completed operations aggregate, and $500,000 general aggregate. The insurance coverage must be written by a company or companies approved to conduct business in the State of Texas. The city must be named as an additional insured on the policy by using endorsement CG 20 26 or broader.       (2)   If the construction will require a pavement cut or excavation exceeding either 18 inches in depth or 300 feet in length, the permittee must provide proof of commercial general liability insurance, or any combination of general liability and umbrella/excess insurance, (including, but not limited to, premises operations, personal and advertising injury, products/completed operations, and independent contractors and contractual liability) with a minimum combined bodily injury (including death) and property damage limit of $25,000,000 per occurrence, $25,000,000 products/completed operations aggregate, and $25,000,000 general aggregate. The liability insurance policy must also include coverage for explosion, collapse, and underground hazards. The insurance coverage must be written by a company or companies approved to conduct business in the State of Texas. The city must be named as an additional insured on the policy by using endorsement CG 20 26 or broader.       (3)   Each policy must include a provision that requires the insurance company to notify the city in writing at least 30 days before canceling or failing to renew the policy or before reducing policy limits or coverages.       (4)   The permittee agrees, with respect to the insurance coverage required by this subsection, to waive subrogation against the city and its officers and employees for bodily injury (including death), property damage, or any other loss.       (5)   The insurance coverage required by this subsection is considered primary insurance in regard to the city and its officers, employees, and elected representatives.       (6)   Proof of insurance in the form of an original industry standard certificate of insurance showing the city as an additional insured must be provided to the director prior to any commencement of work by the permittee. The certificate of insurance must be executed by the insurer or its authorized agent and must state specific coverage, limits, and expiration dates in accordance with the requirements of this subsection.       (7)   The permittee shall make available to the director, upon request, a copy of the insurance policy, including any endorsements, riders, and amendments to the policy and any statements respecting coverage under the policy.    (b)   A permittee who is a public service provider who has registered and filed proof of insurance under Section 43-137 of this article is not required to furnish separate proof of insurance under this section when obtaining a permit, but must comply with all other requirements of this section.    (c)   If the permittee is an entity that has a tangible net worth ratio of 3 to 1 (assets to liabilities) with a minimum tangible net worth of at least $100,000,000, proof of self-insurance sufficient to meet the coverage required in Subsection (a) is sufficient to satisfy the requirements of that subsection.    (d)   The following indemnity provisions apply to a public service provider registered under Section 43-137 and are also included by reference as express terms of a permit issued under this article:       (1)   A permittee who is a certificated telecommunications provider as defined in Chapter 283, Texas Local Government Code, as amended, or a network provider as defined by Chapter 284 of the Texas Local Government Code, as amended, agrees to give to the city the indemnity provided in Section 283.057, Texas Local Government Code, as amended.       (2)   A permittee, other than a certificated telecommunications provider described in Paragraph (1) of this subsection, expressly agrees to fully and completely defend, indemnify, and hold harmless the city and its officers, agents, and employees, against any and all claims, lawsuits, judgments, costs, and expenses for personal injury (including death), property damage or other harm for which recovery of damages is sought, suffered by any person or persons, that may arise out of or be occasioned by any negligent, grossly negligent, wrongful, or strictly liable act or omission of the permittee or its agents, employees, or contractors, in the performance of work or activity pursuant to the permit issued under this article, regardless of whether or not the negligence, gross negligence, wrongful act, or fault of the city or its officers, agents, or employees, contributes in any way to the damage, injury, or other harm. The requirement of the permittee to defend the city also unconditionally applies regardless of whether or not the negligence, gross negligence, or fault of the city or its officers, agents, or employees contributes in any way to the damage, injury, or other harm. Nothing in this paragraph may be construed as waiving any governmental immunity available to the city under state law. This provision is solely for the benefit of the permittee and the city and is not intended to create or grant any rights, contractual or otherwise, in or to any other person.    (e)   This section does not apply to:       (1)   construction or other activity performed by the city’s own forces or by contractors hired by the city and working on city-owned facilities within the public right-of-way;       (2)   a person operating facilities or performing construction pursuant to a valid existing franchise or license approved by the city council; or       (3)   construction or repair of a sidewalk or driveway approach for an abutting single-family or duplex residential property owner. (Ord. Nos. 24495; 26263; 30620) SEC. 43-140.1.   PERFORMANCE BOND; LETTER OF CREDIT; CASH DEPOSIT.    (a)   General. As an express precondition to being granted a permit to perform construction within a public right-of-way, the permittee shall furnish the director a performance bond, letter of credit, or cash deposit, complying with this section, for any project that involves pavement excavation or boring for the installation of a new facility or for a significant facility relocation other than an excavation or boring for a localized new service line installation or facility repair. Without exception, the city’s forms must be used, and exclusive venue for any lawsuit is specified as Dallas County. A performance bond will automatically be increased by the amount of any change order, which increases the contract price with or without notice to the surety, but in no event may a change, which reduced the contract amount, reduce the penal sum of the bond.    (b)   Amount. A good and sufficient bond, letter of credit, or cash deposit must be in an amount not less than 100 percent of the total cost, as determined by the director, of those items of work associated with the temporary and permanent repair of the city’s infrastructure, including, but not limited to backfill, pavement base, street pavement, curb and gutter, drive approaches, sidewalk, sod, irrigation, landscape, traffic control devices, signs, and pavement markings, thereby guaranteeing the full and faithful execution of the work and performance of the contract in accordance with the plans, specifications, and contract documents, including any extensions thereof, for the protection of the city. The bond, letter of credit, or cash deposit agreement must provide for the repair and/or replacement of all defects due to faulty materials and workmanship that appear within a period of one year from the date of completion and acceptance of the work by the city. The permittee may choose to have the amount determined on a per project basis or an aggregate basis. If on an aggregate basis, the amount of a single bond, letter of credit, or cash deposit must be sufficient to cover all of permittee’s projects outstanding at any one time. If the amount of the permittee’s outstanding projects exceeds an existing bond, letter of credit, or cash deposit, the permittee shall immediately increase it or post a new bond, letter of credit, or cash deposit to cover the project that has caused the deficiency.    (c)   Sureties. No surety may be accepted by the city who is in default or delinquent on any bonds or who is interested in any litigation against the city. All bonds must be made on the forms furnished by the city and must be executed by not less than one corporate surety authorized to do business in the State of Texas and acceptable to the city. Each surety must be listed in the most current Federal Register Treasury List. The permittee and the surety shall execute each bond. The surety shall designate a resident agent in the city of Dallas acceptable to the city to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. The city reserves the right to reject any and all sureties.    (d)   Additional or substitute bonds. If at any time the city is or becomes dissatisfied with any surety on a performance bond, the permittee shall, within five days after notice from the city to do so, substitute an acceptable bond, or provide an additional bond, in such form and sum signed by such other surety as may be satisfactory to the city. The premiums on the bonds must be paid by the permittee without recourse to the city.    (e)   Letter of credit. In lieu of a performance bond, a permittee may provide an irrevocable letter of credit. Each letter of credit must be made on a form furnished by the city.    (f)   Cash deposit. In lieu of a performance bond, a permittee may make a cash deposit, for the benefit of the city, pursuant to an agreement in a form acceptable to the city attorney. (Ord. Nos. 25409; 25693; 26263) SEC. 43-140.2.   WAIVER OF BONDING REQUIREMENTS.    (a)   A person registered under Section 43-137 may annually submit to the director a written request for a waiver from the requirement that it provide a performance bond, letter of credit, or cash deposit pursuant to Section 43-140.1.    (b)   The waiver request must set forth in detail the basis for the request, including but not limited to:       (1)   the person's history of performance in completing its projects and complying with restoration obligations in the city's rights-of-way; and       (2)   documentation, in a form acceptable to the city, demonstrating that the person has unencumbered assets or reserves sufficient to cover the amount of the performance bond, letter of credit, or cash deposit that would otherwise be required under Section 43-140.1.    (c)   Within 30 calendar days after receiving a written request for a waiver, the director may, for good cause shown, grant a waiver from the requirement that the person provide a performance bond, letter of credit, or cash deposit pursuant to Section 43-140.1. In making this decision, the director shall consider all of the following:       (1)   The person's record of performance in the city's rights-of-way.       (2)   The person's record of compliance with this article.       (3)   A showing of financial responsibility by the person sufficient to guarantee the full and faithful execution of the estimated work to be performed during the year in which the waiver is in effect.       (4)   Any other factor relevant to a determination of the financial responsibility of the person and its ability to safely and fully perform permitted work.    (d)   A waiver expires one year after being granted by the director, and the person must reapply for a waiver each year during which it will perform work in the city's rights-of-way.    (e)   Upon determining that a person is in violation of this article, the director may deny any request for a waiver and may terminate any existing waiver that had been granted under this section. A person whose waiver is terminated may not reapply for another waiver until two years have elapsed since the date of termination.    (f)   If a waiver is denied or terminated by the director, the person shall immediately take all necessary steps to temporarily restore the right-of-way and then cease all work in the right-of-way until the person has provided a bond, letter of credit, or cash deposit that has been approved by the director. (Ord. Nos. 25693; 26263; 29993) SEC. 43-141.   MISCELLANEOUS REQUIREMENTS FOR STREET EXCAVATION AND INSTALLATIONS, TRENCH SAFETY, AND ABOVE GROUND UTILITY STRUCTURES.    (a)   In addition to the other requirements of this article, a pavement cut, excavation, or repair, or the placement of an above ground utility structure, necessitated by or as a result of construction inside or outside of the public right-of-way must comply with all of the requirements contained in this section.    (b)   General.       (1)   A pavement cut in the public right-of-way, or the placement of an above ground utility structure either in or outside of a public right-of-way, may be made prior to obtaining a permit only if a valid need to perform emergency activity exists. Immediate notice, including reasons for the emergency activity, must be given to the director. An application for a permit must be made not later than the second business day following commencement of the emergency activity.       (2)   A pavement cut that is made in a concrete street that has a paving condition index of 70 or higher as shown on the City of Dallas Paving Management Database will require that, in addition to repairs made in compliance with the Pavement Cut and Repair Standards Manual, replacement of the entire concrete panel from joint to joint.       (3)   A pavement cut that is made in an asphalt street that has a paving condition index of 70 or higher as shown on the City of Dallas Paving Management Database will require that, in addition to repairs made in compliance with the Pavement Cut and Repair Standards Manual, a surface treatment must be applied that consists of slurry seal or micro-surfacing, or an equivalent method approved by the director, for the purposes of sealing the repair edges of the cut and maintaining uniformity in appearance with the surrounding street surfaces. No surface treatment is required if the repairs are made to match pavement color and are approved by the director. The application of slurry seal or micro-surfacing must be made to the entire block of the street in which a cut is made. For an undivided street, the application must be made from curb to curb, and for a divided street, from median curb to outside curb. The City of Dallas Slurry Seal and Micro-surfacing Specifications, as amended, will govern design, material, testing, and construction of surface treatments.       (4)   The permittee and any person responsible for construction shall protect the public right-of-way surface, drainage facilities, and all other existing facilities and improvements from excavated materials, equipment operations, and other construction activities. Particular attention must be paid to ensure that no excavated material or contamination of any type is allowed to enter or remain in a water or wastewater main or access structure, drainage facility, or natural drainage feature. Adequate provisions must be made to ensure that traffic and adjacent property owners experience a minimum of inconvenience.    (c)   Five-year maintenance period.       (1)   All construction must be done in a good and workmanlike manner and in faithful and strict compliance with the permit, this article, other city ordinances, and regulations promulgated by the director relating to construction within the public right-of-way.       (2)   All construction performed under any permit granted to a permittee by the city under this article must be maintained to the satisfaction of the director for five years after the date of completion of the construction or repair.       (3)   Any damage to, or any defect or other problem in, the permitted construction occurring at any time within five years after the completion of work under the permit must be corrected to the satisfaction of the director within 10 days after the director gives notice to the permittee to correct the damage, defect, or other problem.       (4)   The opinion of the director as to the necessity of correcting any damage, defect, or other problem is binding on all parties.    (d)   Repairs.       (1)   All damage caused directly or indirectly to the public right-of-way surface or subsurface outside the pavement cut or excavation area will be regarded as a part of the pavement cut or excavation and must be included in the total area repaired. If repaired by the city, the permittee shall reimburse the city for the actual direct and indirect costs of the repair.       (2)   The director shall notify the permittee if the backfill on a permitted construction settles at any time during the five- year maintenance period required in Subsection (c) of this section, causing subsidence in the pavement of one-half inch or more, vertically measured in any three-foot horizontal direction. Upon notification, the permittee shall schedule appropriate repair work and promptly notify the director of the anticipated dates of commencement and completion of the repair work. If the repair work is not commenced or completed within the agreed-upon time schedule, or if no response is received by the director within 24 hours after notification to the permittee, the repair work may be performed by the city. The permittee shall reimburse the city for the actual direct and indirect costs of any repair work performed by the city.       (3)   The permittee shall notify the director at least 24 hours before commencing any repair operations under Paragraph (2) of this subsection.    (e)   Trench safety.       (1)   Trench safety systems that meet U.S. Occupational Safety and Health Administration standards are required for construction in which trench excavation will exceed a depth of five feet.       (2)   Paragraph (1) of this subsection does not apply to a construction contract entered into by a permittee that is subject to the safety standards adopted under Chapter 121, Texas Utilities Code, as amended.    (f)   Tests.       (1)   The permittee will be required to provide a certified construction materials testing lab, or use a testing method approved by the director, to perform the appropriate tests, at the permittee's expense, to ensure quality control for the backfill and pavement construction phases. Concrete strength test results must be submitted to the director for any placement greater than five cubic yards.       (2)   Unless another method is approved by the director, tests must be made in accordance with the latest methods of the American Society of Testing and Materials. The certified results from tests for backfill compaction must be supplied to the city within three days of the backfill work completion and before pavement construction begins. The results from tests for pavement construction must be submitted within one week of completion of the project. Retesting after failure to pass the required tests will be at the expense of the permittee.       (3)   Compaction testing is not required when a flowable backfill material that complies with the Pavement Cut and Repair Standards Manual, as amended, is used.       (4)   If the materials used for the street repairs do not meet the minimum requirements of the Pavement Cut and Repair Standards Manual, they may be considered unacceptable and may be ordered to be removed and replaced at the permittee's expense. In cases where the repairs are unacceptable and the permittee refuses to make them acceptable, the work may be accomplished by the city, and all of the direct and indirect costs will be charged back to the permittee responsible for the work.       (5)   The city at its expense may perform, or have performed, any material tests it deems necessary to verify conformance with the specifications set forth in Paragraph (6) of this subsection. If tests performed at the city's expense show cause for additional work or rework by the permittee, then further testing required to show conformance with the specifications will be at the expense of the permittee, including the cost of the original testing that showed the need for additional work or rework.       (6)   Specifications for backfill compaction must meet the requirements contained in the Pavement Cut and Repair Standards Manual. Specifications for pavement testing must meet the requirements in the applicable provisions of the Standard Specifications for Public Works Construction – North Central Texas and the city's addendum thereto, as amended.    (g)   Additional requirements for above ground utility structures.       (1)   Written notification required.          (A)   An owner of an above ground utility structure shall provide written notice to:             (i)   the occupant of each single family residence, town home, duplex, tri-plex, or four-plex property adjacent to the proposed location of the above ground utility structure; and             (ii)   the management of each multi-family dwelling property adjacent to the proposed location of the above ground utility structure.          (B)   The written notice must be provided at least two business days before construction of the above ground utility structure begins.          (C)   The notice must be provided on forms approved by the director and must clearly identify:             (i)   the proposed location of the above ground utility structure;             (ii)   the dimensions and appearance of the above ground utility structure; and             (iii)   the names and telephone numbers of the utility company representatives and the city of Dallas representatives authorized to discuss the proposed structure with the property owner.          (D)   Written notice is not required for an above ground utility structure that:             (i)   is placed in an alley; or             (ii)   does not require a permit under Section 43-139.          (E)   Upon request, proof of notification must be provided to the director at the time the permit application for the above ground utility structure is submitted to the city.          (F)   An owner of an above ground utility structure shall make every reasonable effort to recognize and address the concerns of each property owner, subject to the service demands of the structure’s owner. Requests of property owners that exceed the requirements of the AGUS Placement Guidelines are not a basis to deny a permit.       (2)   An above ground utility structure must comply with all requirements of other city ordinances and other state and federal laws and regulations. The owner of the above ground utility structure is responsible for obtaining all other required permits.       (3)   The owner of an above ground utility structure shall maintain the structure free of graffiti and other defacements such as posters, stickers, decals, and signs, except those placed on the structure by its owner. The exterior finish of an above ground utility structure must be maintained free of rust, peeling or faded paint, and other visible deterioration. An above ground utility structure and its supporting foundation or pad must be maintained in such a way as to prevent or eliminate leaning and soil erosion underneath. An above ground utility structure that leans beyond five degrees from the perpendicular must be corrected to be as close as possible to perpendicular. Any open space between the bottom of a foundation or pad and the ground underneath must be filled with either additional soil or concrete to maintain continuous contact with the ground. The permit application for installation of an above ground utility structure must include the name, mailing address, and telephone number of a single contact who will be responsible for resolving graffiti and other appearance issues involving the structure.       (4)   An above ground utility structure must be clearly marked with the owner’s name and telephone number.       (5)   Waiver of AGUS Placement Guidelines.          (A)   A request for a waiver from placing an above ground utility structure in accordance with one or more of the AGUS Placement Guidelines may be made to the director with respect to a particular site for a proposed structure.          (B)   The request for a waiver must include:             (i)    identification of the guideline or guidelines for which a waiver is requested;             (ii)   proof that compliance with the guideline or guidelines is impracticable;             (iii)   detailed justification for the waiver, including alternative sites sought and reviewed; and             (iv)   an explanation of why the proposed above ground utility structure and its size are necessary at the proposed site to provide service to a property or area.          (C)   Within 10 business days after receiving a written request for a waiver, the director shall grant or deny the waiver.          (D)   The waiver may be granted for good cause shown. In determining whether to grant the waiver, the director shall consider:             (i)   the feasibility of other sites located in or outside of the public right-of-way and the efforts of the owner of the proposed above ground utility structure to secure those sites;             (ii)   the size and location of the above ground utility structure and its impact at the proposed site and on surrounding properties;             (iii)   the need of the structure’s owner to provide services to a property or area to be served by the proposed site;             (iv)   the need of the structure’s owner to provide services to a property or area to be served by the proposed site with an above ground utility structure of the size proposed;             (v)   the public health, safety, welfare, and convenience; and             (vi)   the size and location of other nearby above ground utility structures.       (6)   Denial, suspension, or revocation of a permit for an above ground utility structure on private property; denial of a waiver from AGUS Placement Guidelines; appeals to the city manager.          (A)   If the director denies, suspends, or revokes a permit for an above ground utility structure on private property, or denies waiver of an AGUS placement guideline, the director shall, in writing, notify the owner of the above ground utility structure of the action and include in the notice the reason for the action and a statement informing the structure’s owner of the right of appeal.          (B)   The owner of an above ground utility structure may appeal a denial, suspension, or revocation of a permit for an above ground utility structure on private property, or a denial of a waiver of an AGUS placement guideline, if the structure’s owner requests an appeal in writing, delivered to the city manager not more than 10 business days after notice of the director’s action is received.          (C)   The city manager or a designated representative shall act as the appeal hearing officer in an appeal hearing under this subsection. The hearing officer shall give the appealing party an opportunity to present evidence and make argument. The formal rules of evidence do not apply to an appeal hearing under this subsection, and the hearing officer shall make a ruling on the basis of a preponderance of the evidence presented at the hearing.          (D)   The hearing officer may affirm, modify, or reverse all or part of the action of the director being appealed. The decision of the hearing officer is final as to available administrative remedies.    (h)   Signage and other display materials.       (1)   A copy of the approved permit with verification that all public and private utilities/facilities were properly located must be displayed by the permittee at the worksite at all times during construction in the public right- of-way.       (2)   The permittee must display at least two signs in the permitted area of construction in the right-of-way no smaller than 30" x 24", one facing each direction of traffic. The sign must provide the business name and primary contact information of the permittee and contractor. The sign letters and numbers must be a minimum 2" in height.       (3)   Each vehicle and piece of equipment located in the permitted area of construction in the right-of-way must display a sign identifying the business name and primary contact information of the permittee or contractor. The sign letters and numbers must be legible and at least one inch in height.       (4)   A copy of the approved traffic control plan required in Section 43- 139 must be available at the permitted area of construction at all times when barriers are erected to divert or alter the flow of traffic.       (5)   At least one sign labeled "Temporary Paving Repairs" must be displayed in accordance with the Dallas Pavement Cut and Repair Standards Manual, as amended, in any location that has temporary paving repairs. If temporary paving repairs exceed 50 feet in length, one "Temporary Paving Repairs" sign must be provided every 50 feet on the perimeter of the permitted area of public right-of-way under construction. Alternatively, a "Temporary Paving Repairs" sign may be stenciled on the temporary paving repairs in accordance with this paragraph. The lettering of the written sign on the temporary paving repairs must be a minimum of three inches using only white paint. If temporary paving repairs exceed 40 feet in length, one painted "Temporary Paving Repairs" sign must be painted on the temporary paving repairs every 30 feet on the perimeter on the perimeter of the permitted area of public right-of-way under construction.    (i)   Notice requirements.       (1)   Notice to the director. After issuance of a permit under this article, the permittee shall provide written notice to the director:          (A)   at least one business day before any material or equipment is placed in the permitted area or the commencement of any temporary construction;          (B)   within one business day after completing the temporary construction; and          (C)   at least one business day before any permanent construction begins.       (2)   Notice to the public.          (A)   If construction in the public right-of-way without excavation or a lane closure will last less than 24 hours, individual notice to property within 500 feet of the construction area is not required.          (B)   If construction in the public right-of-way without excavation or a lane closure will last more than 24 hours, the permittee must provide individual notice to each property within 500 feet of the construction area at least 24 hours before commencing construction by placing a door hanger or other similar notice. Notification of multi-family properties may be given to the property management teams of those properties.          (C)   If construction in the public right-of-way with excavation or a lane closure will last less than 24 hours, the permittee must provide individual notice to each property within 500 feet of the construction area at least 24 hours before commencing construction by placing a door hanger or other similar notice. Notification to multi-family properties may be given to the property management teams of those properties.          (D)   If construction in the public right-of-way with excavation or a lane closure will last more than 24 hours, the permittee must provide individual notice to each property within 500 feet of the construction area with two separate notifications by placing a door hanger or other similar notice. The first notification must be placed at least 10 days before commencing construction and the second notification must be placed 72 hours before commencing construction. Notification to multi-family properties may be given to the property management teams of those properties.          (E)   If construction on a thoroughfare, arterial, or a community collector in the public right-of-way will involve complete street closures or extended traffic delays, at least two portable changeable message signs (CMS) that comply with the requirements of the latest edition of the Texas Manual of Uniform Traffic Control Devices, as amended, published by the Texas Department of Transportation and the City of Dallas requirements, are required to be installed facing each direction of traffic at least one week prior to commencing construction.          (F)   The individual notice must include the following:             (i)   permittee name and contractor name, if different;             (ii)   primary contact information for the permittee and contractor, if different;             (iii)   location of the construction area; and             (iv)   estimated time of construction as authorized by the permit. (Ord. Nos. 24495; 25409; 26263; 29993; 31209) SEC. 43-142.   RESTORATION REQUIREMENTS.    (a)   The Pavement Cut and Repair Standards Manual and the requirements of this section govern the restoration of public right-of-way surfaces within the city. For those restoration activities not covered by the Pavement Cut and Repair Standards Manual or this section, the applicable provisions of the Standard Specifications for Public Works Construction - North Central Texas will govern.    (b)   A permittee performing construction in the public right-of-way shall restore the public right-of- way to a condition that is equal to or better than the condition prescribed by the most recent version of the Pavement Cut and Repair Standards Manual or other applicable city design and construction standards.    (c)   Restoration work must be performed to the satisfaction of the director. Restoration work must include, but is not limited to, the following:       (1)   Replacement of all sod or ground cover with sod or ground cover equal to or better than the type damaged during the work, either by sodding or seeding as required by the director.       (2)   Installation or reinstallation of all manholes and handholes, as required by the director.       (3)   Backfilling and compaction of all completed bore pits, potholes, trenches, or other holes, which must be performed on a daily basis unless other safety requirements are approved by the director.       (4)   Street, sidewalk, and alley repair that conforms with the standards for construction established in this article and by the director.       (5)   Leveling of all trenches and backhoe lines.       (6)   Restoration of the excavation site to the specifications and requirements established in this article and by the director.       (7)   Restoration of all landscaping, ground cover, and sprinkler systems.       (8)   Restoration of any damaged traffic control devices, including but not limited to imbedded loop detectors, pavement markings, underground conduits, and signs.    (d)   All location flags must be removed during the cleanup process by the permittee or the permittee’s contractor at the completion of the work.    (e)   Restoration of special street, sidewalk, or drive approach surfaces designed to present unique visual images, color, or designs (regardless of the type, color, pattern, or texture of special material or process used) must be done so that the restoration matches the color, texture, and pattern of the surrounding special surfaces.    (f)   Restoration must be made in a timely manner. If restoration is unsatisfactory or not performed in a timely manner, then all of the permittee’s work in progress on the project in question (except for that work related to the problem of unsatisfactory restoration) will be halted, and no other permit will be approved until all restoration is complete. Any hold on the permittee’s work will include work previously permitted but not completed. (Ord. Nos. 24495; 26263) SEC. 43-143.   CLEARANCE FOR STREET PAVING AND STORM DRAINAGE PROJECTS.    (a)   A person making a pavement cut or excavation for the purpose of adjusting facilities at the request of the city in advance preparation for a city street paving or storm drainage project shall obtain a permit under this article, except that the time limits prescribed in Section 43-139(c) and (g) do not apply.    (b)   The permittee shall maintain the pavement cut or excavation until the work order authorizing the construction of the street paving or storm drainage project is issued by the city. Upon notification by the director of any problem with the maintenance of the cut or excavation, the permittee shall promptly correct the problem. The permittee shall notify the director of the anticipated date of correction. If the correction is not made by the anticipated date, or if no response is received by the director within 24 hours after the director gives notice to the permittee, the correction may be made by the city, and the permittee shall reimburse the city for the actual direct and indirect costs of the correction. (Ord. Nos. 24495; 26263) SEC. 43-144.   CONFORMANCE WITH PUBLIC IMPROVEMENTS.    (a)   Whenever the city or the director deems it necessary to remove, alter, change, relocate, or adapt the underground or overhead facilities of a public service provider in the public right-of-way due to the city’s reconstruction, widening, or straightening of streets; replacement of water or wastewater facilities; installation of traffic signals, traffic signs, and markings; or construction of any other city public improvement project, the public service provider that owns the facilities shall conform its facilities with the project as prescribed by the director.    (b)   The facilities must be conformed, at the public service provider’s expense, within 90 days after the director issues notice to the public service provider, unless a different schedule for the work is approved by the director.    (c)   Facilities of a public service provider that are not conformed within the 90-day notice period or within the approved schedule will be deemed abandoned, and the city will not be liable for any damage to or destruction or removal of the facilities, or for any interruption or termination of service through the facilities, caused by the activity of the city described in this section. (Ord. Nos. 24495; 26263) SEC. 43-145.   IMPROPERLY CONSTRUCTED FACILITIES.    (a)   A permittee shall:       (1)   properly construct, install, operate, repair, relocate, upgrade, and maintain its facilities existing within the public right-of-way or, for an above ground utility structure, in or outside of the public right-of-way; and       (2)   repair or restore any damage to other facilities, the public right- of-way, or private property that occurs as a result of improper construction, installation, operation, repair, relocation, upgrade, or maintenance of the permittee’s facilities.    (b)   Facilities will be considered to be improperly constructed, installed, operated, repaired, relocated, upgraded, or maintained if:       (1)   the construction, installation, operation, repair, relocation, upgrade, or maintenance endangers public health or safety or creates a public inconvenience;       (2)   the facilities were required to be located within the right-of-way and they encroach upon private property or extend outside the right-of-way location designated in the permit;       (3)   above-ground facilities located within the right-of-way are less than one and one-half feet from the face of the curb or less than six inches from a sidewalk;       (4)   the construction, design, or configuration of the facilities does not comply with applicable local, state, or federal laws or regulations;       (5)   the construction, installation, operation, repair, relocation, upgrade or maintenance is conducted in a manner that damages private property or another public service provider’s facilities;       (6)   the facilities are not capable of being located or maintained using standard practices;       (7)   the facilities are placed in an area that interferes with another public service provider’s facilities; or       (8)   the facilities consist of an above ground utility structure that fails to comply with the AGUS Placement Guidelines without having received a waiver by the director under Section 43-141.    (c)   It is a defense to prosecution under Subsections (b)(3) and (b)(4) of this section that the facilities were constructed or installed in the public right-of-way before March 1, 2001.    (d)   It is a defense to prosecution under Subsection (b)(8) of this section that the facilities were lawfully constructed or installed before March 1, 2006.    (e)   Nothing in this section may be construed to diminish the authority of the director to require specific placement of specific facilities. (Ord. Nos. 24495; 26263) SEC. 43-146.   EMERGENCY REPAIRS.    (a)   If the director determines during construction that an emergency repair to a public right- of-way is necessary to correct a situation that is hazardous to the public, the director shall immediately notify the permittee. If the permittee does not commence the emergency repair promptly, the director may, in his sole discretion, cause performance of such emergency repair work as is necessary to correct the hazardous situation. The permittee shall reimburse the city for the actual direct and indirect costs of the work necessary to correct the hazardous situation, including cleanup. The permittee shall maintain the emergency repair until the permittee completes final repairs.    (b)   If the director determines that a problem with a public service provider’s existing facility in a public right-of-way requires an emergency repair to correct a situation that is hazardous to the public, the director shall immediately notify the public service provider. If the public service provider does not commence the emergency repair promptly, the director may, in his sole discretion, cause performance of such emergency repair work as is necessary to correct the hazardous situation. The public service provider shall reimburse the city for the actual direct and indirect costs of the work necessary to correct the hazardous situation, including cleanup. The public service provider shall maintain the emergency repair until the public service provider completes final repairs. (Ord. Nos. 24495; 26263) SEC. 43-147.   EFFECT OF ARTICLE ON PERSONS ENGAGED IN CONSTRUCTION.    Any permit issued prior to March 1, 2001 will remain subject to the terms and conditions of city ordinances and requirements in effect at the time of issuance of the permit and is not affected by this article, except that, upon expiration or conclusion of the permit, a new or renewal permit must be obtained in accordance with this article. (Ord. Nos. 24495; 26263) SEC. 43-148.   MARKING EXISTING UNDERGROUND UTILITIES.    A person shall not use, or cause the use of, any nonwashable substance in the public right-of-way to mark the location of existing underground utilities. A person commits an offense if a marking he makes, or causes to be made, in the public right-of-way to mark the location of existing underground utilities remains visible longer than 30 days after being applied. (Ord. Nos. 25438; 26263) ARTICLE IX. DRIVEWAYS GENERALLY. SEC. 43-149.   DIRECTOR DEFINED.    In this article, DIRECTOR means the director of the department designated by the city manager to enforce and administer this article, or the director’s designated representative. (Ord. 22026; 24495) SEC. 43-150.   DRIVEWAYS NOT TO BE WITHIN THREE FEET OF POLES, ETC.    No person shall open up or construct any driveway or other way for the use of any character of vehicle on or across any sidewalk, parkway, or other space between any public improved roadway and any private property so as to include or to be within less than three feet of any telephone, telegraph, electric light, or other pole, anchor, or guy wire, or any water plug, mailbox, or other structure located in such portion of any public street in the city where such structure is so located by virtue of any franchise, license, permit, or other right. (Code 1941, Art. 145-2; Ord. 24495) SEC. 43-151.   REMOVAL OF POLES, ETC., TO PERMIT CONSTRUCTION OF DRIVEWAYS - REQUIRED.    Wherever any person desires to locate any driveway and there is any structure that, under Section 43-150, would prevent the location of such driveway as desired, the person owning such structure or having the right to so maintain it shall move it as far as may be necessary to permit the desired location of such driveway, if the person desiring to locate the driveway first complies with all of the terms of this article. (Code 1941, Art. 145-3; Ord. 24495) SEC. 43-152.   SAME - PLANS TO BE APPROVED BY DIRECTOR.    In the event any poles, structures, or improvements are to be located and installed in or upon any public street in the city or relocated for the convenience or necessity of the person maintaining them, the person desiring to construct, erect, install, or relocate such poles, structures, or improvements shall first submit to the director a sketch or blueprint of the plan of such construction or relocation for approval. The director shall immediately inspect the sketch or blueprint of the plan and, if satisfactory, the director shall approve the plan. Until such approval is given, no work may be done in that connection. If the plan of construction or relocation does not meet with the director’s approval, the director shall return the plan to the person submitting it with any objections. The construction or relocation of all structures, improvements, and poles must be subject to the supervision of the director. (Code 1941, Art. 145-4; Ord. Nos. 22026; 24495) SEC. 43-153.   SAME - ALLOCATION OF COSTS FOR RELOCATION.    (a)   Any person desiring to locate or open a driveway, the location of which is prevented by reason of any structure described in Section 43-150, and who desires to secure the shifting of the structure so as to permit such location shall, at the time of filing an application for a permit with the building official to construct, locate, or open such drive and prior to locating, constructing, or opening the drive, file a sketch, drawing, or map with the director that shows the location of the proposed drive or other way, the relative location of the structure or structures in the way of the proposed driveway, and the name of the person maintaining the structure obstructing the proposed driveway or preventing its location. The director shall immediately notify the person maintaining the structure on the street, giving the name of the persons desiring the structure or structures moved.    (b)   Immediately upon the filing of the drawing, sketch, or map under Subsection (a), the director shall prepare or obtain a statement of the expense or cost of the removal of the structure. The person requesting the relocation of the structure shall pay the cost of relocation. Upon the ascertainment of the estimated cost or expense as found by the director, such person shall deposit the sum of money required with the director, and then the person maintaining the structure shall promptly remove the structure so as not to interfere with the proposed driveway. Upon completing movement of the structure, with all attachments, to the satisfaction of the director, the person moving or relocating the structure is entitled to receive the deposit. (Code 1941, Art. 145-5; Ord. Nos. 22026; 24495) SEC. 43-154.   PERMIT FOR DRIVEWAY TO BE ISSUED AFTER POLES, ETC., REMOVED.    As soon as the structure interfering with the construction, location, or opening of the proposed driveway has been moved out of the way, the building inspector shall issue a permit authorizing the location, construction, or opening of such way as may be desired upon compliance with all other applicable city ordinances. (Code 1941, Art. 145-6; Ord. 24495) SEC. 43-155.   APPEALS.    If either the person maintaining any pole or structure described in Section 43-150 or the person desiring the structure or pole to be moved is dissatisfied with the estimate of the expense made or obtained by the director under this division or as to the location of the pole or structure, either or both of them may appeal from the decision by filing with the city controller a statement of their objections within five days from the date of the director’s findings of the estimated expense or location. (Code 1941, Art. 145-8; Ord. Nos. 22026; 24495) SEC. 43-156.   FEE WHERE POLES, ETC., TO BE RELOCATED.    At the time the person files the sketch seeking the removal of any obstructing structure described in Section 43-150, he shall also pay the building inspector a fee of one dollar, which must be used in defraying the expense of carrying out the provisions of this article and for no other purpose. (Code 1941, Art. 145-9; Ord. 24495) ARTICLE X. SHARED DOCKLESS VEHICLE OPERATING PERMIT. SEC. 43-157.   DEFINITIONS.    In this article:    (1)   DIRECTOR means the director of the department designated by the city manager to enforce and administer this article and includes representatives, agents, or department employees designated by the director.    (2)   OPERATOR means an individual or company that has been issued an operating authority permit under this article.    (3)   REBALANCE means moving shared dockless vehicles from an area of low demand to an area of high demand.    (4)   SHARED DOCKLESS VEHICLE means a bicycle, an electric bicycle pursuant to the definition set forth in Texas Transportation Code Section 664.001, as amended, or a motor-assisted scooter, pursuant to the definition set forth in Texas Transportation Code, Section 551.351, that is intended to be rented or leased to different users.    (5)   SHARED DOCKLESS VEHICLE SERVICE means a service to rent, lease, or sell shared dockless vehicles in the public right-of-way for the purpose of transportation or conveyance. (Ord. Nos. 30936; 32236) SEC. 43-158.   GENERAL AUTHORITY AND DUTY OF DIRECTOR.    (a)   The director may issue an operating authority permit to a shared dockless vehicle service for use of the public right-of-way to sell, rent, lease, or exchange, offer to sell, rent, lease, or exchange, or take order for the use of shared dockless vehicles.    (b)   The director shall implement and enforce this article and may by written order establish rules or regulations, consistent with this article and state or federal law, as the director determines are necessary to discharge his or her duty under, or to affect the policy of, this article, to achieve a safe, orderly, equitable, and multi-modal transportation system. The director's rules and regulations may include but are not limited to, rules or regulations on hours of operation, the appropriate number of operators to be permitted, the number of shared dockless vehicles that may be placed in the public right-of- way, rebalancing requirements, and data-sharing requirements. The director may contract with vendors to assist with data collection and analysis and to collect and store shared dockless vehicles deployed or parked in violation of this chapter. (Ord. Nos. 30936; 31479; 32236) SEC. 43-159.   ESTABLISHMENT OF RULES AND REGULATIONS.    (a)   Before adopting, amending, or abolishing a rule, the director shall hold a public hearing on the proposal.    (b)   The director shall fix the time and place of the hearing and, in addition to notice required under the Open Meetings Act (Chapter 551, Texas Government Code), as amended, shall notify each operator and such other persons as the director determines are interested in the subject matter of the hearing.    (c)   After the public hearing, the director shall notify all operators and other interested persons of the director's action and shall post an order adopting, amending, or abolishing a rule on the official bulletin board in city hall for a period of not fewer than 10 days. The order becomes effective immediately upon expiration of the posting period. (Ord. Nos. 30936; 32236) SEC. 43-160.   OPERATING AUTHORITY PERMIT.    (a)   A person commits an offense if, within the city, the person operates, or causes or permits the operation of, a shared dockless vehicle service without a valid operating authority permit issued under this article.    (b)   An operator shall abide by the requirements of this article and any rules or regulations adopted by the director. (Ord. Nos. 30936; 32236) SEC. 43-161.   APPLICATION FOR OPERATING AUTHORITY PERMIT.    (a)   To obtain an operating authority permit, an applicant shall submit an application on the form and in the manner prescribed by the director. The applicant must be the person who will own, control, or operate the proposed shared dockless vehicle service.    (b)   An applicant shall file with the director a verified application statement, to be accompanied by a non-refundable application fee, containing the following, in addition to the information needed under Subsection (c):       (1)   the form of business of the applicant and, if the business is a corporation or association, a copy of the documents establishing the business and the name and address of each person with a 20 percent or greater ownership interest in the business;       (2)   the verified signature of the applicant;       (3)   the address of the fixed facilities to be used in the operation, if any, and the address of the applicant's corporate headquarters, if different from the address of the fixed facilities;       (4)   the name of the person designated by the applicant to receive on behalf of the applicant any future notices sent by the city to the operator, and that person's contact information, including a mailing address, telephone number, and email or other electronic address;       (5)   documentary evidence from an insurance company indicating that such insurance company has bound itself to provide the applicant with the liability insurance required by this article;       (6)   documentary evidence of payment of ad valorem taxes on property within the city, if any, to be used in connection with the operation of the proposed shared dockless vehicle service;       (7)   documentary evidence from a bonding or insurance company or a bank indicating that the bonding or insurance company or bank has bound itself to provide the applicant with the performance bond or irrevocable letter of credit required by this article;       (8)   the number and types of shared dockless vehicles to be operated;       (9)   an agreement to indemnify the city; and       (10)   three references from municipal bodies located in North America where the applicant is currently operating.    (c)   The director shall review the application for an operating authority permit and determine if the following criteria have been met, in addition to other criteria that the director may establish by rule or regulation:       (1)   the operator's effort to educate users and ensure compliance by its users with applicable laws;       (2)   the operator's capacity to comply with this article, rules and regulations issued by the director, and all other state or federal laws or regulations;       (3)   the operator's experience operating shared dockless vehicle services, including the operator's compliance with applicable laws; and       (4)   the operator's efforts to increase access to shared dockless vehicle service to low-income and non-English speaking users.    (d)   An operating authority permit may be renewed following the process in this section.    (e)   The initial application for an operating authority permit must be accompanied by an application fee of $2,000 and the appropriate vehicle fee as specified in Section 43-172. Applications to renew an operating authority permit must be accompanied by an application fee of $1,000 and the appropriate vehicle fee as specified in Section 43-172. (Ord. Nos. 30936; 31479; 32236) SEC. 43-162.   CHANGES TO INFORMATION IN OPERATING AUTHORITY APPLICATION.    (a)   Any changes to the information provided in the operating authority permit application must be reported to the director, in the manner prescribed by the director, within 10 days of the change.    (b)   If the information reported to the director under this section includes an increase in the number of shared dockless vehicles, the director may approve the additional shared dockless vehicles. If the director approves the additional shared dockless vehicles, the operator shall pay any additional vehicle fees due under Section 43-172 before the additional vehicles are allowed to operate. (Ord. Nos. 30936; 32236) SEC. 43-163.   EXPIRATION OF OPERATING AUTHORITY PERMIT.    An operating authority permit expires one year from the date it is issued. (Ord. Nos. 30936; 32236) SEC. 43-164.   REFUSAL TO ISSUE OR RENEW OPERATING AUTHORITY PERMIT.    (a)   The director shall refuse to issue or renew an operating authority permit if:       (1)   the applicant intentionally or knowingly makes a false statement as to a material matter in an application for a permit or permit renewal;       (2)   the applicant has had an operating authority permit revoked within two years of the date of application;       (3)   the applicant is providing shared dockless vehicles services without an operating authority permit;       (4)   issuance of the permit would result in activity that is expected to cause significant sidewalk congestion or make accessing abutting property hazardous; or       (5)   issuance of the permit would result in activity that is expected to impede the flow of pedestrian traffic or make the use of sidewalks hazardous.    (b)   If the director determines that a permit should be denied, the director shall notify the applicant or operator in writing that the application is denied and include in the notice the specific reason or reasons for denial and a statement informing the applicant or operator of the right to, and the process for, appeal of the decision.    (c)   The director is authorized to develop an objective scoring matrix used to determine if issuance of a permit would cause significant sidewalk congestion, make accessing abutting property hazardous, impede the flow of pedestrian traffic, or make the use of sidewalks hazardous, in accordance with Paragraphs (a)(4) and (a)(5) of this section. (Ord. Nos. 30936; 32236) SEC. 43-165.   SUSPENSION OR REVOCATION OF OPERATING AUTHORITY PERMIT.    (a)   Suspension. The following regulations apply to the suspension of an operating authority permit:       (1)   The director may suspend an operating authority permit if the director determines that the operator violated the rules and regulations established by the director or for any of the reason for revocation in Subsection (b).       (2)   Suspension of an operating authority permit does not affect the expiration date of the permit.    (b)   Revocation. The director may revoke an operating authority permit if:       (1)   the operator has made a false statement as to a material matter in the application concerning the operating authority permit;       (2)   the operator failed to maintain the insurance, performance bond, or irrevocable letter of credit required by this article;       (3)   the operator is operating more shared dockless vehicles than is authorized by the operating authority permit;       (4)   the operator failed to pay a fee required by this article;       (5)   the operator violated this article, any other ordinance, or any state or federal law or regulation;       (6)   after consultation with the chief of police, the director determines that the operator's shared dockless vehicle service constitutes an imminent threat to public safety;       (7)   the operator failed to maintain or correct current information with the director concerning the operating authority permit;       (8)   the operator shows a pattern of not responding to inquiries by the director;       (9)   the operator has filed bankruptcy, is insolvent, or failed to meet financial obligations on a timely basis or is unable to obtain or maintain the financial resources needed to properly maintain facilities or provide adequate service; or       (10)   the operator operates a shared dockless vehicle service with a suspended operating authority permit.    (c)   Ceasing operations upon notice of suspension or revocation. Upon receiving an emailed notice by the director that its operating authority permit has been suspended or revoked, an operator must stop providing shared dockless vehicle services within 12 hours and must remove its shared dockless vehicles from the public right-of-way within 24 hours. If the operator fails to retrieve all its shared dockless vehicles within 24 hours of receipt of notice the director may remove the shared dockless vehicles from the public right-of-way without notice or consent of the operator. The operator is responsible for the cost of removal and storage of its shared dockless vehicles, and the operator will be assessed a fee to retrieve any of its shared dockless vehicles that are removed and stored. Any shared dockless vehicle that remains unclaimed with the city for 30 days is subject to sale or disposal in accordance with Division 2, "Sale of Unclaimed and Surplus Property," of Article IV, "Procurement," of Chapter 2 , "Administration," of the Dallas City Code, as amended. The director shall provide notice via email and certified mail to the addresses provided under Section 43-161 . (Ord. Nos. 30936; 32236) SEC. 43-166.   APPEALS.    Any person whose application for an operating authority permit, or renewal of an operating authority permit, is denied by the director, or an operator whose operating authority permit has been revoked or suspended by the director, may file an appeal with the permit and license appeal board in accordance with Section 2-96, "Appeals From Actions of Department Directors," of this code. (Ord. Nos. 30936; 32236) SEC. 43-167.    NONTRANSFERABILITY.    An operating authority permit is not transferable. This regulation should not be construed to impede the continuing use of trade names. (Ord. Nos. 30936; 32236) SEC. 43-168.   [RESERVED.] SEC. 43-169.   [RESERVED.] SEC. 43-170.   INSURANCE REQUIREMENTS.    (a)   An operator shall procure and keep in full force and effect no less than the insurance coverage required by this section through a policy or policies written by an insurance company that:       (1)   is authorized to do business in the State of Texas;       (2)   acceptable to the city; and       (3)   does not violate the ownership or operational control prohibition described in Subsection (e) of this section.    (b)   The insured provisions of the policy must name the city and its officers and employees as additional insureds, and the coverage provisions must provide coverage for any loss or damage that may arise to any person or property by reason of the operation of a shared dockless vehicle.    (c)   An operator shall maintain the following insurance coverages:       (1)   The commercial general liability insurance must provide single limits of liability for bodily injury (including death) and property damage of $1 million for each occurrence, with a $2 million annual aggregate.       (2)   If an operator will utilize motor vehicles in its operations, the business automotive liability insurance must cover owned, hired, and non-owned vehicles, with a combined single limit for bodily injury (including death) and property damage of $500,000 per occurrence.       (3)   Worker's compensation insurance with statutory limits.       (4)   Employer's liability insurance with the following minimum limits for bodily injury by:          (A)   accident, $500,000 per each accident; and          (B)   disease, $500,000 per employee with a per policy aggregate of $500,000.       (5)   Cyber/technology network liability and risk insurance, inclusive of information security and privacy with minimum limits of $1 million per claim.    (d)   Insurance required under this article must:       (1)   include a cancellation provision in which the insurance company is required to notify the director in writing not fewer than 30 days before cancelling the insurance policy (for a reason other than non-payment) or before making a reduction in coverage;       (2)   include a cancellation provision in which the insurance company is required to notify the director in writing not fewer than 10 days before cancelling for non-payment;       (3)   include an endorsement to waive subrogation in favor of the city and its officers and employees for bodily injury (including death), property damage, or any other loss.       (4)   cover all shared dockless vehicles during the times that the vehicles are deployed or operating in furtherance of the operator's business;       (5)   include a provision requiring the insurance company to pay every covered claim on a first-dollar basis;       (6)   require notice to the director if the policy is cancelled or if there is a reduction in coverage; and       (7)   comply with all applicable federal, state, and local laws.    (e)   No person who has a 20 percent or greater ownership interest in the operator may have an interest in the insurance company.    (f)   An operator may not be self-insured.    (g)   Any insurance policy required by this article must be on file with the city within 45 days of the issuance of the initial operating authority permit, and thereafter within 45 days of the expiration or termination of a previously issued policy. (Ord. Nos. 30936; 31479; 32236) SEC. 43-171.   [RESERVED.] SEC. 43-172.   VEHICLE FEE AND RIDE FEE.    (a)   An operator shall pay an annual vehicle fee of $35 for each permitted shared dockless vehicle with $5 from the annual vehicle fee dedicated to equity programs.    (b)   An operator shall pay a right-of-way rental fee of $0.20 for each ride a customer takes on a shared dockless vehicle.    (c)   The director may establish a program, subject to city council approval, to rebate or waive fees under this section in order to encourage equity in the distribution of shared dockless vehicles throughout the city.    (d)   City council must review the fees in this article by June 22, 2024. (Ord. Nos. 30936; 31479; 32236) SEC. 43-173.   PERFORMANCE BOND OR IRREVOCABLE LETTER OF CREDIT.    Before issuance of an operating authority permit, the operator shall give the director a performance bond or an irrevocable letter of credit approved as to form by the city attorney.       (1)   A bonding or insurance company authorized to do business in the State of Texas and acceptable to the city must issue the performance bond. A bank authorized to do business in the State of Texas and acceptable to the city must issue the irrevocable letter of credit.       (2)   The performance bond or irrevocable letter of credit must list the operator as principal and be payable to the city.       (3)   The performance bond or irrevocable letter of credit must remain in effect for the duration of the operating authority permit.       (4)   The amount of the performance bond or irrevocable letter of credit must be at least $10,000.       (5)   Cancellation of the performance bond or irrevocable letter of credit does not release the operator from the obligation to meet all requirements of this article and the operating authority permit. If the performance bond or irrevocable letter of credit is cancelled, the operating authority permit shall be suspended on the date of cancellation and the operator shall immediately cease operations until the operator provides the director with a replacement performance bond or irrevocable letter of credit that meets the requirements of this article.       (6)   The city may draw against the performance bond or irrevocable letter of credit or pursue any other available remedy to recover damages, fees, fines, or penalties due from the operator for violation of any provision of this article or the operating authority permit. (Ord. Nos. 30936; 32236) SEC. 43-174.   ENFORCEMENT.    (a)   The director may, with or without notice, inspect any shared dockless vehicle operating under this article to determine whether the shared dockless vehicle complies with this article, rules and regulations established under this article, or other applicable laws.    (b)   The director shall enforce this article. Upon observing a violation of this article or the rules or regulations established by the director, the director shall take necessary action to ensure effective regulation of shared dockless vehicles. The director has authority to issue citations for violations of this division including moving violations. (Ord. Nos. 30936; 31479; 32236) SEC. 43-175.   CRIMINAL OFFENSES.    (a)   A person commits an offense if he violates or attempts to violate a provision of this article, or a rule or regulation established by the director under this article, that is applicable to a person. A culpable mental state is not required for the commission of an offense under this article unless the provision defining the conduct expressly requires a culpable mental state. A separate offense is committed each day in which an offense occurs.    (b)   Prosecution for an offense under Subsection (a) does not prevent the use of other enforcement remedies or procedures applicable to the person charged with or the conduct involved in the offense. (Ord. Nos. 30936; 32236) CHAPTER 43A SWIMMING POOLS ARTICLE I. GENERAL PROVISIONS. Sec. 43A-1.   Definitions. Sec. 43A-2.   Permit required; application; issuance. Sec. 43A-3.   Inspections and reinspections. Sec. 43A-3.1.   Incorporation of Health and Safety Code Regulations for multiunit pool enclosures. ARTICLE II. POOL DESIGN AND CONSTRUCTION. Sec. 43A-4.   Materials. Sec. 43A-5.   Shape. Sec. 43A-6.   Depth and slope; depth markings. Sec. 43A-7.   Projections. Sec. 43A-8.   Diving area. Sec. 43A-9.   Steps, ladders and towers. Sec. 43A-10.   Overflow gutters and skimming devices. Sec. 43A-11.   Deck area; pool enclosure; spectator separation. Sec. 43A-12.   Recirculation system. Sec. 43A-13.   Inlets and outlets; water disposal. Sec. 43A-14.   Heating units. Sec. 43A-15.   Lighting. Sec. 43A-16.   Toilet facilities. ARTICLE III. MAINTENANCE AND OPERATION OF SWIMMING POOLS. Sec. 43A-17.   Permit and manager of operations required. Sec. 43A-18.   Certification of manager of operations. Sec. 43A-19.   Operation of a pool. Sec. 43A-20.   Quality of water; public and semi- public pools. Sec. 43A-20.1.   Pools not maintained. Sec. 43A-21.   Safety equipment. Sec. 43A-22.   Regulations in pool area. Sec. 43A-23.   Pool drainage. Sec. 43A-24.   Suspension. Sec. 43A-25.   Appeal. ARTICLE IV. SPAS. Sec. 43A-26.   Spa safety standards. ARTICLE I. GENERAL PROVISIONS. SEC. 43A-1.   DEFINITIONS.    (a)   The terms used in this chapter have the meanings ascribed to them in the Texas Administrative Code Title 25, Part 1, Chapter 265, Subchapter L, Section 182, as amended.    (b)   In addition to the terms defined in Subsection (a), the terms in this chapter have the following meaning:       (1)   DIRECTOR means the director of the department designated by the city manager to enforce and administer this chapter or the director's designated representative.       (2)   PERSON means an individual, partnership, company, corporation, association, firm, organization, institution, or similar entity.       (3)   PRIVATE POOL means a swimming pool appurtenant to a single-family or duplex residence (including condominiums and townhouses) and used only by the occupants of the residence and their guests.       (4)   PUBLIC POOL means a swimming pool to which the general public has access.       (5)   SEMI-PUBLIC POOL means a swimming pool that is privately owned and open only to an identifiable class of persons, including, but not limited to, motel guests, apartment residents, and club members. (Ord. Nos. 15256; 30090) SEC. 43A-2.   PERMIT REQUIRED; APPLICATION; ISSUANCE.    No person may construct, modify, or repair a pool in the city without obtaining a permit. The application for a permit must be on a form provided by the building official and must be accompanied by the required fee and a specified number of copies of the plans of which the applicant seeks approval. If the building official and the director are satisfied that the proposed pool will conform in all respects to the requirements of the law, a permit shall be issued by the building official to the applicant. (Ord. Nos. 15256; 30090) SEC. 43A-3.   INSPECTIONS AND REINSPECTIONS.    (a)   The director shall have all of the authority granted to the city under Texas Administrative Code Title 25, Part 1, Chapter 265, Subchapter L, Section 207, as amended, to inspect a pool at any reasonable time and to enter upon the premises where a pool is located to the extent necessary to make a full examination for compliance with this chapter and state law. Advanced notice or permission for inspections or investigations by the director is not required.    (b)   Public pools and semi-public pools, excluding multiunit, shall be inspected at least annually, and multiunit pools shall be inspected with the graded inspections for multitenant properties in accordance with Chapter 27 of the Dallas City Code. For purposes of this subsection, "multiunit" has the meaning ascribed to it in Texas Health and Safety Code Section 757.001, as amended.    (c)   Water samples from a pool may be taken.    (d)   If a reinspection is required, the fee for the reinspection is $20. (Ord. Nos. 15256; 29879; 30090; 31332, eff. 10/1/19) SEC. 43A-3.1.   INCORPORATION OF HEALTH AND SAFETY CODE REGULATIONS FOR MULTIUNIT POOL ENCLOSURES.    The provisions of Texas Health and Safety Code Chapter 757, as amended, apply and supersede any regulations in this chapter for pools owned, controlled, or maintained by the owner or manager of a multiunit rental complex or by a property owner's association and for doors and windows of rental dwellings opening into the pool yard of a multiunit rental complex or condominium, cooperative, or town home project. (Ord. 30090) ARTICLE II. POOL DESIGN AND CONSTRUCTION. SEC. 43A-4.   MATERIALS.    A swimming pool must be constructed of materials that are sanitary, enduring, and non-toxic to humans. Materials used on walls and bottom surfaces must provide a watertight structure with a smooth and easily cleaned finish, free from cracks or open joints other than structural expansion joints. (Ord. 15256) SEC. 43A-5.   SHAPE.    The shape of a pool must be designed so that the water is uniformly circulated and so that all interior areas of a pool are visible from the edge of the pool. (Ord. 15256) SEC. 43A-6.   DEPTH AND SLOPE; DEPTH MARKINGS.    (a)   The depth and slope of a pool must comply with the specifications indicated in Plate I.    (b)   A pool without a diving area must have no sudden increase in slope and must not exceed five feet in depth.    (c)   All surfaces on the bottom of a pool must slope toward the main drain. A main drain is not required in vinyl pools with a depth of less than five feet. In areas of a pool that are less than five feet in depth, the following slope requirements apply:       (1)   The slope of the floor in a pool 42 feet or more in length must not exceed one foot in 12 feet.       (2)   The slope of the floor in a pool less than 42 feet in length must not exceed one foot in eight feet.    (d)   Walls in the deep portion of a pool must be vertical from the water line for a minimum depth of two feet six inches.    (e)   Depth of water must be marked at or above the water surface on the vertical pool wall or on the edge of the deck next to the pool, at maximum and minimum depth points, at points of break between deep and shallow areas, and at intermediate increments of depth, spaced at not more than 25 foot intervals around the entire perimeter of the pool. Depth markings and additional signage for pools must be consistent with the requirements in Texas Administrative Code Title 25, Chapter 265, Subsections 265.199(c)-(f), as amended. Depth markers are not required for private pools.    (f)   The depth of the water must be measured from the midpoint of the skimmer opening or the top of the overflow gutter. (Ord. Nos. 15256; 16271; 30090) SEC. 43A-7.   PROJECTIONS.    Pool structures, protrusions, or extensions must not project more than six inches within the pool area, as delineated by the profiles illustrated in Plate I. (Ord. 15256) SEC. 43A-8.   DIVING AREA.    (a)   The minimum depth of water below a diving board or platform and other minimum dimensions in the diving area of a pool must comply with the minimum standards indicated in Table I and Plate I.    (b)   A diving board or platform must not be placed more than three meters above the water level without approval of the director. The base of a diving board or tower must not extend into the pool water, and the tower must be anchored with sufficient bracing to insure stability under the heaviest load. Both sides of steps, ladders, and platforms of diving towers one meter or higher must be provided with suitable handrails designed to prevent persons from falling.    (c)   A minimum clearance of 16 feet must be provided above each diving board or platform, measured from the center of the front end of the board or platform and extending at least eight feet behind and to each side and 16 feet ahead of the measuring point.    (d)   The height of a diving board must be measured from the midpoint of the skimmer opening or the top of the overflow gutter. (Ord. Nos. 15256; 16271) SEC. 43A-9.   STEPS, LADDERS AND TOWERS.    (a)   Materials used in steps, ladders, and diving towers must be of sufficient structural strength to safely support anticipated loads and must be corrosion resistant, easily cleaned, and of a nonskid design.    (b)   A minimum of one ladder must be provided for each 100 feet of public or semi-public pool perimeter; except that a diving area which is wider than 30 feet at any point must be provided with two ladders at opposite sides.    (c)   If recessed steps are used, they must be designed to drain into the pool and to be easily cleaned.    (d)   Ladders and recessed steps must be provided with a handrail on both sides. Handrails must be constructed out over the coping and return to the pool deck.    (e)   Handrails, ladders, steps, seat ledges, and coping must also comply with the standards for pool safety in Texas Administrative Code Title 25, Part 1, Subchapter L, Chapter 265, Subsection 199(a), as amended. (Ord. Nos. 15256; 30090) SEC. 43A-10.   OVERFLOW GUTTERS AND SKIMMING DEVICES.    (a)   All pools must be equipped with either an overflow gutter or surface skimming device.    (b)   If surface skimming devices are used:       (1)   handholds must be provided around the entire perimeter of the pool except above steps and:          (A)   if coping is used, the outer two inches must be not more than 2 1/2 inches thick; and          (B)   must be not more than 12 inches above the normal water line;       (2)   each skimming device must be individually controlled;       (3)   each skimming device must be automatically adjustable to variations in water level over a range of at least three inches;       (4)   the rate of flow through the total number of skimming devices must be automatically adjustable from 50 percent to 75 percent of the capacity of the pool filter system;       (5)   each skimming device must have an easily removable and cleanable basket or screen to trap material which might clog the circulation pump; and       (6)   one skimmer must be provided for each 500 square feet of water surface area plus an additional skimmer for any remaining increment of water surface area less than 500 square feet.    (c)   If an overflow gutter is used, it must:       (1)   extend around the entire perimeter of the pool except above steps;       (2)   be constructed so that the gutter is not completely recessed into the wall and water entering the gutter cannot flow back into the pool;       (3)   be capable of continuously removing 50 percent or more of the recirculated water through the filter system;       (4)   be connected to a recirculation system with a surge capacity of not less than 1/2 gallon for each square foot of pool surface area, and in pools subject to heavy swimming use, a surge capacity of not less than one gallon for each square foot of surface area;       (5)   be designed so that the edge of the gutter can be used as a handhold for bathers;       (6)   be designed so that the overflow edge is level within 3/10 inch;       (7)   be designed so that the bottom slopes not less than 1/8 inch to the foot, to outlets spaced at 10 foot intervals;       (8)   discharge waste into the recirculating system, the drain pipe being not less than 1-1/2 inches in diameter. (Ord. 15256) SEC. 43A-11.   DECK AREA; POOL ENCLOSURE; SPECTATOR SEPARATION.    (a)   Each public or semi-public pool must be provided with a deck area which:       (1)   is continuous around the entire pool;       (2)   is not less than 3 1/2 feet in width, including coping and curbing;       (3)   is constructed of sanitary material with a skid resistant surface;       (4)   has a minimum slope of 1/8 inch per foot for the first eight feet to points of disposal other than the pool;       (5)   is equipped with gratings for drain pipe openings that are two times the diameter of the drain pipe if deck drains are used; and       (6)   is equipped around the entire edge of the pool with coping designed to prevent deck water from entering the pool.    (b)   Hose bibbs of not less than 3/4 inch must be provided around the perimeter of the deck area at intervals which will allow all parts of a pool to be reached with a 75 foot hose for cleaning. Each bibb must be equipped with an approved back-flow preventer.    (c)   The pool enclosure must comply with requirements of the Dallas Building Code and Texas Administrative Code Title 25, Part 1, Subchapter L, Chapter 265, Section 200, as amended.    (d)   If spectator galleries are installed:       (1)   there must be a separation between the areas used by bathers and the areas used as galleries by spectators;       (2)   galleries must not extend over any part of a pool; and       (3)   separate entrances and toilet facilities must be provided for bathers and spectators. (Ord. Nos. 15256; 30090) SEC. 43A-12.   RECIRCULATION SYSTEM.    (a)   Each pool with a water capacity of 800 gallons or more or a depth greater than two feet must be equipped with a recirculation system consisting of pumps, hair and lint catchers, filters, and pipe connections necessary to connect to the inlets and outlets of the pool.    (b)   Filters. Filters must meet National Sanitation Foundation standards, or be approved by the director. The director shall disapprove a filter if it does not backwash thoroughly or does not filter at a sufficient rate.    (c)   Pumps. The pumps must be of an adequate size to turn over the pool water capacity within six hours for a public pool and eight hours for a private or semipublic pool.    (d)   Hair and lint catcher. A catcher must be installed on the suction side of the pumps to prevent hair, lint, and other extraneous matter from reaching the pumps and filters.       (1)   Catchers must be designed so that they are easily dismantled for cleaning.       (2)   If the catcher has circular openings, the diameter of each opening must not exceed 1/8 inch. If the catcher has square punched or square mesh openings, the openings must not exceed 1/10 inch on a side.       (3)   The total area of catcher openings must be at least four times the cross-sectional area of the inlet pipe to the catcher.    (e)   Cross connections. Cross connections between the pool water or the recirculation system and the water supply are prohibited. The pool must be designed so that fresh water added to the pool will not create a cross connection. Other cross connections must comply with applicable city ordinances. (Ord. 15256) SEC. 43A-13.   INLETS AND OUTLETS; WATER DISPOSAL.    (a)   Inlets. Pool inlets must be arranged to produce a uniform chlorine or equivalent disinfectant residual throughout the pool.       (1)   Each inlet must be equipped with an adjustable orifice or valve so that the flow of water to various portions of the pool may be adjusted.       (2)   The minimum number of pool inlets required is determined by pool volume as indicated in Table II below.       (3)   The fill pipe to a pool must have an air gap of six inches above the pool coping or be protected by a double check backflow preventer assembly.    (b)   Outlets. Pool outlets must be arranged to produce a uniform circulation of water throughout a pool.       (1)   At least one outlet must be provided at the lowest point of the floor to permit complete drainage of the floor area, except in vinyl pools of less than five feet in depth.       (2)   If the width of a pool is more than 40 feet, multiple outlets must be provided. In this case outlets must be not more than 10 feet from each sidewall.       (3)   If the exit velocity exceeds two feet per second, a National Sanitation Foundation approved, or equal, anti-vortex outlet must be used.       (4)   Outlet gratings in the bottom of a pool must be securely fastened and must have a cross- sectional area of at least four times the cross- sectional area of the discharge pipe.       (5)   A pool must be equipped with pipe connections which permit the pool to be emptied as well as recirculated, except vinyl pools of less than five feet in depth.    (c)   Water disposal.       (1)   Backwash from a filter must go to the sanitary sewer or a separation tank. Filter backwash may go to an approved septic tank system if a sanitary sewer or separation tank is not available.       (2)   Pools drained for repairs or cleaning must drain to the sanitary sewer in compliance with the Dallas Plumbing Code, or to a natural drainage course if no sanitary sewer is available or sanitary sewer drainage would be too slow.       (3)   A deck drain may go to a lawn, leaching field, dry well, or, if necessary, to a natural drainage course. (Ord. 15256) SEC. 43A-14.   HEATING UNITS.    Heating units for pools, dressing rooms, shower rooms, toilet rooms, and rooms in which pools are contained must be installed in a manner that will protect swimmers from injury and protect the units from damage. (Ord. 15256) SEC. 43A-15.   LIGHTING.    (a)   A system of artificial lighting must be provided for pools, dressing rooms, shower rooms, toilet rooms, and rooms in which pools are contained. The system must be installed in conformance with the Dallas Electrical Code, and the design and arrangement of the lights must insure clear vision in all areas of a pool and surrounding pool area. Private pools of less than four feet maximum depth are not required to have a lighting system.    (b)   Underwater lighting must provide 5/10 watts per square foot of pool area for private pools, and one watt per square foot of pool area for public or semi-public pools, and must be installed and maintained in a manner that will insure the safety of swimmers. If underwater lighting is used, deck lighting must be directed away from the pool surface as much as possible and be of a capacity not less than 6/10 watts per square foot of deck area. If underwater lighting is not used, pool and pool area lighting must be of a capacity not less than two watts per square foot of total area.    (c)   Deck and underwater lighting must also comply with the standards in Texas Administrative Code Title 25, Part 1, Subchapter L, Chapter 265, Subsection 265.199(k), as amended. (Ord. Nos. 15256; 30090) SEC. 43A-16.   TOILET FACILITIES.    (a)   Semi-public pools must have toilet facilities available within 200 feet of the pool.    (b)   Public pools must have toilet facilities for each sex at the pool site. (Ord. 15256) ARTICLE III. MAINTENANCE AND OPERATION OF SWIMMING POOLS. SEC. 43A-17.   PERMIT AND MANAGER OF OPERATIONS REQUIRED.    (a)   A person shall not operate a public or semi-public pool without a permit. To obtain a permit an applicant must complete a form provided by the director. An applicant must designate a manager of operations of each pool for which a permit is sought. A person designated as manager of operations of a pool must reside in the city or be employed on the premises where the pool is located.    (b)   If a manager of operations of a pool ceases to perform that function for any reason, the owner of the pool shall designate a new manager within a reasonable period of time.    (c)   The director shall issue a permit to an applicant if a qualified manager of operations has been designated and the fee has been paid. The amount of the fee is $20 for each pool owned by an applicant. The fee is due on or before the first day of March of each calendar year. If a permit is initially issued after the first day of March of a calendar year, the fee for that year will be prorated according to the number of whole months remaining in the year. No refunds will be made.    (d)   This section does not apply to pools owned by the city. (Ord. Nos. 15256; 16271; 17989; 18411; 19300; 25048; 29879; 31332, eff. 10/1/19) SEC. 43A-18.   CERTIFICATION OF MANAGER OF OPERATIONS.    (a)   A manager of operations of a public or semi-public pool shall obtain certification from the director by successfully completing a training course conducted by the director. If a person designated by an owner as manager of operations of a pool is not certified, he shall attend and successfully complete the next training course conducted after his designation.    (b)   The certification of a manager of operations expires two years from the date of certification and a manager must repeat the training course to maintain certification. The fee for the training course and certificate is $50. (Ord. Nos. 15256; 18411; 20612; 25048; 29879; 31332; 32556) SEC. 43A-19.   OPERATION OF A POOL.    (a)   A manager of operations, a manager of premises on which a public or semi-public pool is located, or the owner of a public or semi-public pool shall not:       (1)   knowingly permit a condition to exist that endangers the life, health, or safety of a swimmer or that violates a provision of this article;       (2)   knowingly permit a person to swim in a pool who has skin abrasions, open sores, cuts, skin disease, eye disease, nasal or ear discharge, or communicable disease;       (3)   knowingly allow dogs within a pool area or enclosure;       (4)   fail to post placards containing pool regulations and instructions in conspicuous places within a pool area or enclosure;       (5)   fail to maintain a pool in accordance with the standards of health and safety provided in Sections 43A-20 and 43A-21;       (6)   knowingly violate or permit any person to violate the regulations regarding food, beverages, and trash containers in Texas Administrative Code Title 25, Part 1, Chapter 265, Subchapter L, Section 202, as amended; or       (7)   knowingly violate or permit any person to violate the lifeguard training and personnel requirements in Texas Administrative Code Title 25, Part 1, Chapter 265, Subchapter L, Subsection 265.199(g), as amended.    (b)   A manager of operations, a manager of premises on which a public or semi-public pool is located, and the owner of a public or semi-public pool must also comply with the pool and spa standards in Texas Administrative Code Title 25, Part 1, Chapter 265, Subchapter L, Subsections 265.203(a)-(l), as amended. (Ord. 15256; 16271; 30090) SEC. 43A-20.   QUALITY OF WATER; PUBLIC AND SEMI-PUBLIC POOLS.    (a)   Water quality. A manager of operations, a manager of premises on which a public or semi-public pool is located, and the owner of a public or semi- public pool must comply with the water quality standards in Texas Administrative Code Title 25, Part 1, Chapter 265, Subchapter L, Subsection 265.204 and Figure 265.204(a), as amended.    (b)   Disinfectant. In a public or semi-public pool disinfectant capable of killing bacteria and algae, but not harmful to humans, shall be added to the pool water through a continuous feed machine. If chlorine or bromine is used, a residual level shall be maintained consistent with the levels in Texas Administrative Code Title 25, Part 1, Chapter 265, Subchapter L, Subsection 265.204 and Figure 265.204(a), as amended.    (c)   Algae. A public or semi-public pool must be kept free of algae.    (d)   Circulation. The recirculation system of a public or semi-public pool must be in operation at all times.    (e)   Heating. Hot water must not enter a public or semi-public pool at a temperature exceeding 110 degrees Fahrenheit.    (f)   Level. Fresh water must be added to a public or semi-public pool at a rate that will keep the pool water at a level sufficient to allow skimming devices or overflow gutters to work properly.    (g)   Cleaning. The walls, floors, equipment, and appurtenant facilities of a public or semi-public pool must be maintained in a clean and sanitary condition at all times. (Ord. 15256; 16271; 30090) SEC. 43A-20.1.   POOLS NOT MAINTAINED.    (a)   The owner of a semi-public pool that is not being maintained as a swimming pool in accordance with this article shall drain all water from the pool and either:       (1)   fill the pool with dirt or sand that is not capable of holding water; or       (2)   cover the pool with a material of sufficient strength, durability, and water tightness to prevent the entrance of water or children.    (b)   A semi-public pool that remains drained of water for 60 days is presumed to be no longer maintained as a swimming pool. (Ord. 16271) SEC. 43A-21.   SAFETY EQUIPMENT.    Texas Administrative Code Title 25, Part 1, Chapter 265, Subchapter L, Subsection 265.199(b), Subsections 265.199(g)-(h), and (j), and Subsection 265.199(i)(1)(A)-(B), as amended, are hereby adopted and incorporated by reference into this chapter. (Ord. Nos. 15256; 30090) SEC. 43A-22.   REGULATIONS IN POOL AREA.    A person commits an offense if he:    (1)   allows a dog under his control to remain within the pool area or pool enclosure of a public or semi-public pool;    (2)   has skin abrasions, open sores, cuts, skin disease, eye disease, nasal or ear discharge, or communicable disease and swims in a public or semi- public pool;    (3)   carries glass within a public or semi-public pool area or enclosure; or    (4)   alters or removes safety equipment from a public or semi-public pool except in a bona fide emergency. (Ord. 15256) SEC. 43A-23.   POOL DRAINAGE.    A person commits an offense if he drains water from a pool at a rate that causes the water to leave a natural drainage course and flow onto adjacent property. (Ord. 15256) SEC. 43A-24.   SUSPENSION.    (a)   The director shall suspend a permit to operate a public or semi-public pool if:       (1)   the annual permit fee is not paid; or       (2)   an owner fails to designate and retain a certified manager of operations as specified in this article; or       (3)   the condition of a pool is hazardous to the health or safety of swimmers or the general public; or       (4)   the owner fails to keep all pool equipment and devices working properly.    (b)   The suspension shall continue until the cause of suspension is corrected. (Ord. 15256) SEC. 43A-25.   APPEAL.    (a)   If the director denies the issuance of a permit, or suspends a permit, he shall send to the applicant, or permit holder, by certified mail, return receipt requested, written notice of his action and the right to an appeal. The applicant, or permit holder, may appeal the decision of the director to the city manager by filing with the city manager a written request for a hearing within 10 days after receipt of the notice from the director. If a request for an appeal hearing is not made within the 10 day limit, the action of the director is final.    (b)   The city manager, or designee, shall serve as hearing officer at an appeal hearing and consider evidence offered by any interested person. The formal rules of evidence do not apply at an appeal hearing; the hearing officer shall make his decision on the basis of a preponderance of the evidence presented at the hearing. The hearing officer must render a decision within 30 days after the request for an appeal hearing is filed. The hearing officer shall affirm, reverse, or modify the action of the director and his decision is final unless the applicant, or permit holder, files a written request with the city council for a hearing within 10 days after receipt of notice of the action of the hearing officer.    (c)   If a request for an appeal hearing with the city council is filed within the 10 day limit, the city council shall hear and consider evidence offered by any interested person. The formal rules of evidence do not apply at an appeal hearing before the city council. The city council shall decide the appeal on the basis of a preponderance of the evidence presented at the hearing. The city council shall affirm, reverse, or modify the action of the hearing officer by a majority vote; failure to reach a majority decision on a motion shall leave the hearing officer’s decision unchanged. The result of an appeal hearing before the city council is final. (Ord. 15256) TABLE I    MINIMUM SWIMMING POOL SHAPE & DIVING BOARD DATA (See Plate I) BOARD TYPE BOARD LENGTH A B1 B2 B1+B2 C1 C2 DD1 DD2 DB DS E EE BOARD BOARD A B1 B2 B1+B2 C1 C2 DD1 DD2 DB DS E EE TYPE LENGTH Deck Min. 6’02’08’02’010’012’020’08’07’94’0” 7’08’0” Level (18” Max. 4’0” 5’03’6” Max.) 10’0” Resid entia Min. 8’03’08’03’011’013’621’68’07’94’0” 7’68’0” l (30” Max. 4’6” 5’03’6” Max.) 12’0” 1 Min. 5’08’63’612’014’022’010’08’34’0” 10’08’0” Meter 14’0” (Max. Max. 6’0” 5’03’6” ) 16’0” 3 Min. 5’010’05’015’021’031’013’010’04’0” 12’08’0” Meter 14’0” (Max. Max. 6’0” 5’03’6” ) 16’0”   See Plate I for floor slopes and radii.   All pool shell dimensions shall be minimum inside. TABLE II SWIMMING POOL INLETS REQUIRED Min. No. Inlets (N) Pool Volume Gals. (V) TABLE II SWIMMING POOL INLETS REQUIRED Min. No. Inlets (N) Pool Volume Gals. (V) UP TO 2 12,000 3 18,000 4 26,000 5 36,000 6 48,000 7 62,000 8 78,000 9 96,000 10 116,000 11 138,000 12 162,000 13 188,000 14 216,000 15 246,000 16 278,000 17 312,000 18 348,000 19 386,000 20 426,000 21 468,000 22 512,000 23 558,000 24 581,000 25 630,000 26 655,200 27 680,400 28 705,600 29 730,800 30 756,000 31 781,200 32 806,400 33 831,600 34 856,800 35 882,000 36 907,200 37 932,400 38 957,600 39 982,800 40 1,008,000   By formula N2 + N + 6 = V through 25 inlets.           1000 Over 25 inlets are limited to a maximum of 70 GPM per each 2” inlet. [https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ IMAGES/0-0-0-41.png]   ARTICLE IV. SPAS. SEC. 43A-26.   SPA SAFETY STANDARDS.    Texas Administrative Code Title 25, Part 1, Chapter 265, Subchapter L, Subsection 265.205(f), as amended, is hereby adopted and incorporated by reference into this chapter. (Ord. 30090) CHAPTER 44 TAXATION ARTICLE I. IN GENERAL. Sec. 44-1.   Persons required to render; time for rendition. Sec. 44-2.   Fire insurance companies. Sec. 44-3.   Penalties for failure to make timely and correct rendition of certain property. Sec. 44-4.   Prorating of real property taxes - Authority. Sec. 44-5.   Same - At request of owner; notice to owners when proration made on initiative of assessor and collector. Sec. 44-6.   Duty of building inspector. Sec. 44-7.   Assessment rolls to show name of owner and description of property. Sec. 44-8.   Assessment rolls to show total amount of taxes. Sec. 44-9.   Manner of making up original tax assessment sheets not affected. Sec. 44-10.   Assessment of franchises, etc. Sec. 44-11.   Taxes due on adjudication of bankruptcy. Sec. 44-12.   Assessment, etc., of ad valorem taxes in certain contingencies; support of ad valorem bonds during interim period. Sec. 44-13.   Deduction of penalty and interest accruing after bankruptcy. Sec. 44-14.   Taxes due upon assignment for benefit of creditors or receivership. Sec. 44-15.   Collection of taxes upon assignment for benefit of creditors or receivership. Sec. 44-16.   Service charge for verification of taxes on real property. Sec. 44-17.   Historic landmark tax exemptions. Sec. 44-17.1.   Tax certificates. ARTICLE II. TAX ON TELECOMMUNICATIONS SERVICES. Sec. 44-18.   Definitions. Sec. 44-19.   Levy of tax; amount. Sec. 44-20.   Repeal of exemption. Sec. 44-21.   Other obligations not affected by tax. ARTICLE III. OCCUPATION TAXES. Sec. 44-22.   Occupation tax levied. Sec. 44-23.   Collection of tax and issuance of receipt generally. Sec. 44-24.   Countersigning licenses; signing receipts. Sec. 44-25.   Collector’s monthly reports; failure to collect tax or give receipt. Sec. 44-26.   Levy and enforcement of payment. Sec. 44-27.   Payment generally; receipt to constitute license. Sec. 44-28.   Unlawful to pursue occupation without license; prosecution not to affect civil remedy. Sec. 44-29.   Exemption of eleemosynary institutions. Sec. 44-30.   Transfer of license - Authority of licensee. Sec. 44-31.   Same - Effect; only one transfer allowed. Sec. 44-32.   Occupation tax on coin-operated machines. Sec. 44-33.   Reserved. ARTICLE IV. BINGO GROSS RECEIPTS TAX. Sec. 44-33.1.   Levy of tax; amount. ARTICLE V. HOTEL OCCUPANCY TAX. Sec. 44-34.   Definitions. Sec. 44-35.   Levy; amount; disposition of revenue. Sec. 44-35.1   Exemptions and refunds. Sec. 44-36.   Responsibility for collection, reporting, and payment of tax. Sec. 44-37.   Reports; payments; fees. Sec. 44-37.1.   Tax collection on purchase of a hotel. Sec. 44-37.2.   Convenience charge for certain payments made by credit card. Sec. 44-38.   Rules and regulations. Sec. 44-39.   Penalties. ARTICLE VI. SHORT-TERM MOTOR VEHICLE RENTAL TAX. Sec. 44-40.   Definitions. Sec. 44-41.   Tax imposed. Sec. 44-42.   Collection of tax. Sec. 44-43.   Reports; payment to the city; fees; records. Sec. 44-44.   Collection procedures on purchase of a motor vehicle rental business. Sec. 44-45.   Use of revenue derived from imposition of tax. Sec. 44-46.   Rules and regulations. Sec. 44-47.   Penalties. ARTICLE VII. ADDITIONAL HOTEL OCCUPANCY TAX. Sec. 44-48.   Definitions. Sec. 44-49.   Levy of tax; amount; duration. Sec. 44-50.   Use of tax revenue. Sec. 44-51.   Exemptions and refunds. Sec. 44-52.   Responsibility for collection, reporting, and payment of tax; statement of tax purpose required. Sec. 44-53.   Reports; payments; fees. Sec. 44-54.   Tax collection on purchase of a hotel. Sec. 44-55.   Rules and regulations. Sec. 44-56.   Penalties. ARTICLE VIII. TAXATION OF TANGIBLE PERSONAL PROPERTY IN TRANSIT. Sec. 44-57.   Taxation of tangible personal property in transit. ARTICLE I. IN GENERAL. SEC. 44-1.   PERSONS REQUIRED TO RENDER; TIME FOR RENDITION.    (a)   All persons shall, on or before the first day of April of each year, furnish the assessor and collector of taxes of the city a full and complete statement, list and schedule, verified by affidavit, of all real and personal property situated in the city not otherwise exempt and all personal property located elsewhere and subject to taxation in the city, owned, held or controlled by them or in their possession as agent, bailee, warehouseman or custodian on the first day of January next preceding and shall, in such statement, list and schedule, state the name and address of the owner of such property.    (b)   The assessor and collector of taxes shall provide a form for the rendition of income producing personal property. A person furnishing the statement, list, and schedule of income producing personal property required in Subsection (a) shall use the form provided by the assessor and collector of taxes and shall state the market value of the property listed.    (c)   For the purpose of this section “income producing personal property” means tangible personal property used in the course of conducting a business.    (d)   For the purpose of this section the market value of income producing personal property shall be established using any method approved by the State Property Tax Board in its current edition of the General Appraisal Manual. (Ord. 16788) SEC. 44-2.   FIRE INSURANCE COMPANIES.    Each fire insurance company incorporated under the laws of this state or legally authorized to do business in this state, whose property is under the law subject to ad valorem taxation by the city, shall render for taxation by the city all of its real estate as other real estate is rendered and all of the personal property of such insurance company shall be valued as other personal property is valued for assessment for taxation by the city in the following manner. From the total valuation of its assets shall be deducted the legal reserves required to be maintained by it under the laws of the state and from the remainder shall be deducted the assessed value of all real estate owned by the company and the capital stock of such company, except in case its surplus should not equal 50 percent of its capital stock, then only 50 percent of its capital stock shall be deducted, and the remainder of the valuation of its total assets, after the deduction of the assessed value of its reserves, its real estate and its capital stock, in whole or in part as herein provided, shall be the assessed taxable value of its personal property. The surplus provided for in this section shall be computed for the purpose of taxation whether the same constitutes or is made up, in part or in whole, of exempt securities under law, it being the purpose of this section to provide a method for arriving at the proper assessment of such companies irrespective of the character of property constituting the same. (Code 1941, Art. 148-2) SEC. 44-3.   PENALTIES FOR FAILURE TO MAKE TIMELY AND CORRECT RENDITION OF CERTAIN PROPERTY.    (a)   A person who willfully fails to deliver a complete and accurate rendition for all income producing personal property in the time and manner required by Section 44-1, is guilty of a separate offense for each day after the first day of April that the person fails to properly file the rendition.    (b)   In addition to the penalty prescribed in Subsection (a), a person who fails to deliver a complete and accurate rendition for all income producing personal property in the time and manner required by Section 44-1, is liable to the city for a civil penalty as follows:       (1)   $25 a day for each calendar day after April 1st and through April 15th that a person fails to deliver the rendition to the assessor and collector of taxes; and       (2)   $200 a day for each calendar day after April 15th and before July 1st that a person fails to deliver the rendition to the assessor and collector of taxes; however,       (3)   in no case shall the person be liable to the city for a civil penalty that exceeds one-half the amount ultimately determined to be owed by the person to the city in taxes on income producing personal property.    (c)   A rendition form delivered by United States mail that is postmarked on or before April 1st is considered to be delivered timely. For the purposes of calculating the amount of civil penalties owed, a rendition form delivered by the United States mail that is postmarked after April 1st is considered delivered when received by the assessor and collector of taxes.    (d)   The assessor and collector of taxes shall notify a person of the amount owed to the city in civil penalties when tax bills are mailed. A person who is liable for a civil penalty shall pay the amount owed when the taxes are paid. If taxes are paid in more than one installment, the civil penalty must be paid with the first installment.    (e)   The assessor and collector of taxes shall notify the city attorney of any unpaid civil penalty. The city attorney shall collect the penalty in a suit on the city’s behalf.    (f)   If the assessor and collector of taxes has reason to believe that income producing personal property has been intentionally undervalued on a rendition form, he shall refer the matter to the city attorney for appropriate action. A person who submits an incomplete rendition form or a rendition form on which the income producing property has been intentionally undervalued, is liable for the civil penalty imposed in Subsection (b) until a complete and accurate rendition is made in accordance with Section 44-1. (Ord. 16849) SEC. 44-4.   PRORATING OF REAL PROPERTY TAXES - AUTHORITY.    The assessor and collector of taxes of the city is hereby authorized, and it is hereby made his duty, to prorate the taxes against tracts of land owned by different owners, which have been taxed together as one tract, and apportion the lien held by the city for such taxes on each of the several tracts according to its proportion to the whole assessment. (Code 1941, Art. 149-1) SEC. 44-5.   SAME - AT REQUEST OF OWNER; NOTICE TO OWNERS WHEN PRORATION MADE ON INITIATIVE OF ASSESSOR AND COLLECTOR.    The assessor and collector of taxes shall, upon the request of any owner of any tract of land whose property has been assessed together with any other tract of land, divide and apportion the lien to each of the tracts and prorate the taxes to each, as prescribed by Section 44-4. If deemed necessary by the assessor and collector of taxes for the enforcement of the taxes due the city, he may prorate the taxes and apportion the lien, as prescribed by Section 44-4, without first being requested so to do by the owner or owners of the tracts of land, but in such case he shall notify the owner or owners of such tracts of land of his intention so to do, where the owners of the same are known to him, by giving each of such owners or their agents notice in writing. (Code 1941, Art. 149-2; Ord. 8144) SEC. 44-6.   DUTY OF BUILDING INSPECTOR.    For the purpose of assisting the assessor and collector of taxes in arriving at a just and proper prorating of the assessment, the building inspector, upon the request of the assessor and collector of taxes, shall render to him all assistance and information in his office bearing upon the values of the improvements on such property and other information had in connection therewith. (Code 1941, Art. 149-4) SEC. 44-7.   ASSESSMENT ROLLS TO SHOW NAME OF OWNER AND DESCRIPTION OF PROPERTY.    The tax assessment rolls of the city shall be so compiled that the same shall exhibit a complete record of the name of the owner of each piece of property listed and included upon the assessment rolls, so far as such owner can be ascertained. If the property be real property the assessment roll shall give the assessed value and an adequate description of each piece of property upon the rolls and shall give the number of acres or portion of an acre or number of lots and blocks or portions of such contained in or composing the particular piece of property so listed, together with the value of any improvements that may be located thereon. If the property be personal property the rolls shall give a general description of the personal property owned, according to its class or character, and the total value thereof shall be shown by the assessment rolls. (Code 1941, Art. 149-6) SEC. 44-8.   ASSESSMENT ROLLS TO SHOW TOTAL AMOUNT OF TAXES.    The assessment rolls of the city shall exhibit opposite the property listed for taxation the total amount of taxes assessed against such piece of property so listed, but it shall not be necessary for the assessment roll to show what proportionate amount of the total tax levied against any particular piece of property is levied by virtue of the general ad valorem tax or several special taxes assessed and levied under the authority of the city; that is to say, it shall not be required or necessary that the city assessor shall extend upon the tax assessment roll the amount of taxes levied and assessed against the property by virtue of the general ad valorem tax, school tax, tax for interest and sinking fund or any other partial or special tax of the city, which partial or special taxes in the aggregate compose and constitute the total ad valorem tax levy of the city. (Code 1941, Art. 149-7) SEC. 44-9.   MANNER OF MAKING UP ORIGINAL TAX ASSESSMENT SHEETS NOT AFFECTED.    Nothing in this chapter shall be construed to affect the manner and form of making up the original tax assessment sheets by the city tax assessor. (Code 1941, Art. 149-9) SEC. 44-10.   ASSESSMENT OF FRANCHISES, ETC.    Every franchise, privilege, easement or right of an intangible or incorporeal character, whether owned by an individual or corporation, shall be rendered by the owner thereof or the agent of the owner and shall be assessed for taxation separately and distinct from the real property and tangible or corporeal personal property of the owner. The same shall in every case be valued separately from the real property and tangible personal property of the owner, and shall in every instance be carried as an item of separate and distinct valuation upon the assessment sheets and tax rolls of the city. (Code 1941, Art. 149-11) SEC. 44-11.   TAXES DUE ON ADJUDICATION OFBANKRUPTCY.    When any person shall be adjudged bankrupt under the laws of the United States, and when such person shall own any property within the city, real or personal, which is subject to taxation by the city, such taxes for such year shall thereupon immediately be and become due and payable to the city, from and after such adjudication in bankruptcy. (Code 1941, Art. 149- 12) SEC. 44-12.   ASSESSMENT, ETC., OF AD VALOREM TAXES IN CERTAIN CONTINGENCIES; SUPPORT OF ADVALOREM BONDS DURING INTERIM PERIOD.    During the interim period beginning January 1 and ending the following September when the city passes its annual tax levy ordinance, for the purposes stated in this section, there is levied an ad valorem tax, supported by a lien as of January 1, as provided by the charter of the city and the state constitution, for all municipal purposes, upon all taxable property, real, personal and mixed, within the city, based upon current valuations and the same rate which the city levied for those purposes for the preceding year. In the event any such taxable property was not on the tax roll for the preceding year but becomes subject to taxation as of January 1 for the then current calendar year, the same tax at the same rate is levied, based upon the current valuations of all other taxable property.    Taxes at the rate and in the manner provided in this section are likewise levied upon all taxable property that was not on the tax roll for the preceding year by reason of not being in the jurisdiction of the city, or improvements not in existence on January 1 of the next preceding year, or property that was tax exempt by reason of public, charitable or religious order ownership and has lost its tax exempt status prior to January 1 or thereafter loses such status during the calendar year.    All taxes heretofore levied and necessary to meet the city’s obligations in connection with ad valorem tax supported bonds or so much thereof as may be necessary are confirmed, and the levy shall be a continued levy so long as such bonds or any additional bonds issued subsequent to the passage of this section are outstanding.    This section is enacted for the purpose of enabling the assessor of taxes on request to furnish the amount of taxes to be due and owing for the current calendar year beginning January 1 to the owner or purchaser of property subject to taxation who may desire to prorate taxes in the event the property is sold voluntarily, involuntarily or in the custody of the law, or becomes subject to taxation after the first of the year by reason of losing its tax exempt status during the current calendar year.    The taxes levied and assessed in this section also shall likewise apply in all cases where taxes become due and payable under the ordinances and charter of the city and the state law at an earlier date than provided for by law, by reason of special circumstances that may arise.    The provisions of this section shall be in force and effect during the interim period mentioned in this section; provided, such taxes are actually paid prior to enactment of the tax levy ordinance and shall be operative only during that interim period, and shall be superseded by that ordinance when passed as to that particular year. This section shall have prospective application and shall continue in full force and effect from year to year until modified or repealed. (Code 1941, Art. 149-13; Ord. 9581) SEC. 44-13.   DEDUCTION OF PENALTY AND INTEREST ACCRUING AFTER BANKRUPTCY.    When taxes due to the city shall become due and payable by any person who has been adjudged bankrupt under the laws of the United States, the assessor and collector of taxes of the city is hereby authorized and directed to deduct all penalties and interest accruing on such taxes from and after such adjudication in bankruptcy and to accept in full satisfaction thereof all taxes, penalties and interest due to the city at the date of such adjudication. (Code 1941, Art. 149-14) SEC. 44-14.   TAXES DUE UPON ASSIGNMENT FOR BENEFIT OF CREDITORS OR RECEIVERSHIP.    When any person shall make an assignment of his property for the benefit of his creditors or where any person shall suffer, voluntarily or involuntarily or procure or permit the appointment of a receiver or trustee to take charge of his property and when such property shall be subject to taxation by the city such taxes for that year shall thereupon immediately be and become due and payable to the city from and after such assignment for the benefit of creditors or such receivership or trusteeship, and shall be secured by the lien provided by of the charter. (Ord. 8144) SEC. 44-15.   COLLECTION OF TAXES UPON ASSIGNMENT FOR BENEFIT OF CREDITORS OR RECEIVERSHIP.    When any taxes shall become due and payable to the city under the provisions of the preceding section, the assessor and collector of taxes of the city shall be vested with full and complete authority and it shall be his duty to proceed at once to determine the amount of such taxes and to collect such taxes immediately upon the assignment for benefit of creditors or the appointment of the receiver or trustee, and such taxes shall be collected under the authority and in the manner provided by the charter of the city and the laws of the state for the collection of taxes. (Ord. 8144) SEC. 44-16.   SERVICE CHARGE FOR VERIFICATION OF TAXES ONREALPROPERTY.    (a)   A person who requests city personnel to verify whether taxes have been paid on particular property, shall pay a charge for this service to the assessor and collector of taxes. The service charge is 80 cents on each item of verification. When the assessor and collector of taxes issues a statement of verification, it is a special accommodation to the affected parties and may be subject to correction by the assessor and collector of taxes.    (b)   In this section, a person means a mortgage, insurance, land title guaranty or real estate entity, or an individual who requests five or more items for verification. (Ord. Nos. 4456; 15220; 18411) SEC. 44-17.   HISTORIC LANDMARK TAX EXEMPTIONS.    Property tax exemptions for designated historic landmarks may be granted to the owner of the property in accordance with the process established in the Dallas Development Code. (Ord. Nos. 17653; 19455; 21874) SEC. 44-17.1.   TAX CERTIFICATES.    At the request of any person, the assessor and collector of taxes of the city shall issue a certificate showing the amount of delinquent taxes, penalties, and interest due on a property according to the city’s current tax records. A fee of $10 shall be charged for each certificate issued. (Ord. Nos. 19680; 19963) ARTICLE II. TAX ON TELECOMMUNICATIONS SERVICES. SEC. 44-18.   DEFINITIONS.    In this article, TELECOMMUNICATIONS SERVICES has the meaning given that term in Section 151.0103, Chapter 151 of the Tax Code of the State of Texas. (Ord. 19580) SEC. 44-19.   LEVY OF TAX; AMOUNT.    (a)   A tax is hereby levied on all telecommunications services sold within the city. For purposes of this article, the sale of telecommunications services is consummated at the location of the telephone or other telecommunications device from which the call or other communication originates. If the point of origin of the call or other communication cannot be determined, the sale is consummated at the address to which the call or other communication is billed.    (b)   The rate of the tax imposed by this article shall be the same as the rate imposed by the city for all other local sales and use taxes authorized by state law. (Ord. 19580) SEC. 44-20.   REPEAL OF EXEMPTION.    The application of the local sales and use tax exemption for the sale of telecommunications services, provided by Section 4B(a), Article 1066c, Vernon’s Texas Civil Statutes, is hereby repealed as authorized by Section 4B(b) of Article 1066c. (Ord. 19580) SEC. 44-21.   OTHER OBLIGATIONS NOT AFFECTED BY TAX.    The tax imposed by this article shall not affect or offset any amounts payable to the city by a provider of telecommunications services pursuant to any license, franchise, ordinance, charter provision, or state or federal law. (Ord. 19580) ARTICLE III. OCCUPATION TAXES. SEC. 44-22.   OCCUPATION TAX LEVIED.    There is hereby levied and assessed and shall be collected from every person pursuing within the city any calling, occupation, profession, trade, vocation or business upon which a license tax or occupation tax is levied under the laws of the state, a license or occupation tax equal to one-half of such state tax, unless specifically provided otherwise by city ordinance, the city charter, or state law. (Ord. Nos. 8121; 28019) SEC. 44-23.   COLLECTION OF TAX AND ISSUANCE OF RECEIPT GENERALLY.    The assessor and collector of taxes of the city shall issue to each applicant therefor, on payment of the proper fee, a receipt and license showing the occupation paid for, the location where such occupation is to be conducted, the amount paid, the date of payment and the time paid for, and he shall make upon the stub or duplicate impression sheet thereof a correct statement of such receipt. (Ord. 8121) SEC. 44-24.   COUNTERSIGNING LICENSES; SIGNING RECEIPTS.    Each occupation license shall be countersigned by the city manager and city secretary, and the receipt for the payment of the license shall be signed by the assessor and collector of taxes of the city or by his duly appointed deputy. (Ord. Nos. 8121; 20073) SEC. 44-25.   COLLECTOR’S MONTHLY REPORTS; FAILURE TO COLLECT TAX OR GIVE RECEIPT.    It shall be the duty of the assessor and collector of taxes to report monthly the amount of occupation taxes collected, and if he shall knowingly fail to collect or try to collect any occupation tax, or shall collect any occupation tax without giving therefor a receipt as provided for in Section 44-23, reserving the proper stub, he shall be deemed guilty of malfeasance in office and summarily dismissed therefrom. (Ord. 8121) SEC. 44-26.   LEVY AND ENFORCEMENT OF PAYMENT.    The assessor and collector of taxes shall have the right, and it shall be his duty, to levy for all occupation taxes due, just as in the case of taxes for personal property, and he shall pursue the same remedy and in addition thereto it is made his imperative duty to file complaints against any and all persons offending against this article. (Ord. 8121) SEC. 44-27.   PAYMENT GENERALLY; RECEIPT TOCONSTITUTE LICENSE.    All taxes provided for in this article, when not otherwise expressly provided, must be paid for an entire year in advance before a license shall issue. No license shall issue for a less period than 12 months except in cases otherwise provided in this article. The receipt of the assessor and collector, countersigned by the city manager and city secretary, shall constitute the license, and these taxes are hereby made payable in currency or coin of the United States. (Ord. 8121) SEC. 44-28.   UNLAWFUL TO PURSUE OCCUPATION WITHOUT LICENSE; PROSECUTION NOT TO AFFECT CIVIL REMEDY.    (a)   Any person who shall pursue or follow any occupation, calling or profession or do any act taxed by this article, or who shall represent as agent any person, without first having paid the tax required by this article is guilty of an offense.    (b)   This section shall not be construed so as to affect any civil remedy for the collection of such taxes. (Ord. Nos. 8121; 19963) SEC. 44-29.   EXEMPTION OF ELEEMOSYNARY INSTITUTIONS.    Associations organized for the promotion of art, science, charity or benevolence shall be exempt from taxation, as shall all entertainments given by citizens for charitable purposes, or for support or aid of any literary or cemetery association. (Ord. 8121) SEC. 44-30.   TRANSFER OF LICENSE - AUTHORITY OF LICENSEE.    Any person who shall be the legal owner of any unexpired occupation license issued in accordance with the provisions of this article is hereby authorized to transfer the same on the books of the assessor and collector of taxes of the city. (Ord. 8121) SEC. 44-31.   SAME - EFFECT; ONLY ONE TRANSFER ALLOWED.    The assignee or purchaser of any unexpired occupation license shall be authorized to pursue such occupation under such unexpired license for and during the unexpired term thereof; provided, that such purchaser or assignee shall, before following such occupation, comply in all other respects with all the terms and requirements of the provisions of this code or other ordinances of the city provided for in the original application for such license; and provided further, that nothing in this article shall be so construed as to authorize two or more persons to follow the same occupation under the same license at the same time; and provided further, that the purchaser of such occupation license shall have the right to pursue the occupation named therein or to transfer it to any other person, but under no circumstances shall such occupation license be transferred more than one time. (Ord. 8121) SEC. 44-32.   OCCUPATION TAX ON COIN- OPERATED MACHINES.    (a)   In this section:       (1)   COIN-OPERATED MACHINE has the meaning given that term in Section 2153.002 of the Texas Occupations Code, as amended.       (2)   DIRECTOR means the director of the water utilities department of the city, or the director’s authorized representative.       (3)   OWNER means the owner of a coin- operated machine.       (4)   SPECIAL COLLECTIONS DIVISION means the special collections division of the water utilities department of the city.       (5)   TAX means the local occupation tax imposed on coin-operated machines under this section.    (b)   Pursuant to Section 2153.451 of the Texas Occupations Code, as amended, an annual occupation tax is imposed on each coin-operated machine that an owner exhibits or displays, or permits to be exhibited or displayed, in the city. The rate of the tax is one- fourth the rate of the tax imposed by the state under Section 2153.401 of the Texas Occupations Code, as amended. All exemptions that apply to the state occupation tax on coin-operated machines under Chapter 2153 of the Texas Occupations Code, as amended, apply to the local occupation tax imposed under this section.    (c)   The special collections division of the water department shall issue a tax permit sticker to an owner who pays the tax for a coin-operated machine. The sticker must be securely attached to the machine in a manner that requires continued application of steam and water to remove the sticker.    (d)   If an owner fails to pay the tax on a coin- operated machine, the director may seal or cause the sealing of the machine in a manner that prevents the full operation of the machine. The director shall release or cause the release of the sealed coin-operated machine after the tax on the machine and a fee of $5 is paid to the special collections division.    (e)   A person commits an offense if the person:       (1)   removes a tax permit sticker from a coin- operated machine;       (2)   exhibits or displays a coin-operated machine without a current tax permit sticker attached;       (3)   breaks a seal attached to a coin-operated machine;       (4)   exhibits or displays a coin-operated machine with a broken seal; or       (5)   removes from its location a coin-operated machine that has a broken seal.    (f)   It is a defense to prosecution under Subsection (e)(1) of this section that the person was the owner or the owner’s authorized representative and removed the sticker to replace it with a new one issued under this section.    (g)   It is a defense to prosecution under Subsection (e) of this section that the person was a city or state employee acting in the performance of official duties.    (h)   An offense under this section is punishable by a fine not to exceed $500. (Ord. Nos. 8121; 28019) SEC. 44-33.   RESERVED.    (Repealed by Ord. 28019) ARTICLE IV. BINGO GROSS RECEIPTS TAX. SEC. 44-33.1.   LEVY OF TAX; AMOUNT.    (a)   There is hereby levied under the Bingo Enabling Act a gross receipts tax on the conduct of bingo games within the city. The tax is equal to one percent of the gross receipts collected from bingo games conducted within the city.    (b)   The tax does not apply to the gross receipts of bingo games conducted within those portions of the city in which bingo has not been legalized by an election. (Ord. 18029) ARTICLE V. HOTEL OCCUPANCY TAX. SEC. 44-34.   DEFINITIONS.    In this article:       (1)   CONSIDERATION means the cost of a room in a hotel, and does not include:          (A)   the cost of any food served or personal services rendered to the occupant not related to cleaning and readying the room or space for occupancy; or          (B)   any tax assessed by any other governmental agency for occupancy of the room.       (2)   CONVENTION CENTER COMPLEX means civic centers, civic center buildings, auditoriums, exhibition halls, and coliseums that are owned by the city or other governmental entity or that are managed in whole or part by the city. The term includes parking areas or facilities that are for the parking or storage of conveyances and that are located at or in the vicinity of other convention center facilities.       (3)   DIRECTOR means the director of the department designated by the city manager to enforce and administer this article, or the director’s designated representative.       (4)   HOTEL means any building in which members of the public obtain sleeping accommodations for consideration. The term includes a hotel, motel, tourist home, tourist house, tourist court, lodging house, inn, rooming house, or bed and breakfast. The term does not include:          (A)   a hospital, sanitarium, or nursing home; or          (B)   a dormitory or other housing facility owned or leased and operated by an institution of higher education or a private or independent institution of higher education, as those terms are defined by Section 61.003 of the Texas Education Code, as amended, that is used by the institution for the purpose of providing sleeping accommodations for persons engaged in an educational program or activity at the institution.       (5)   OCCUPANCY means the use or possession, or the right to the use or possession, of any room in a hotel.       (6)   OCCUPANT means any person who, for a consideration, uses, possesses, or has a right to use or possess any room in a hotel under any lease, concession, permit, right of access, license, contract, or agreement.       (7)   TAX means the hotel occupancy tax levied in this article pursuant to Chapter 351 of the Texas Tax Code , as amended.       (8)   TOURIST means an individual who travels from the individual’s residence to a different municipality, county, state, or country for pleasure, recreation, education, or culture.       (9)   VISITOR INFORMATION CENTER means a building or a portion of a building used to distribute or disseminate information to tourists. (Ord. Nos. 12470; 17955; 20073; 22026; 23555) SEC. 44-35.   LEVY; AMOUNT; DISPOSITION OF REVENUE.    (a)   There is hereby levied a tax upon the occupant of any room that:       (1)   is in a hotel;       (2)   is ordinarily used for sleeping; and       (3)   the cost of occupancy of which is $2 or more each day.    (b)   The tax is equal to seven percent of the consideration paid by the occupant of the room to the hotel.    (c)   Disposition of revenues collected from the seven percent tax must be as follows:       (1)   4.718 percent must be paid prior to any other dispositions of revenue to:          (A)   the acquisition of sites for and the constructing, improving, enlarging, equipping, repairing, operating, and maintaining of the convention center complex or visitor centers, or both; or          (B)   pledging payment of bonds as authorized by Chapter 1504 of the Texas Government Code, as amended.       (2)   2.037 percent in 2020; 1.932 percent in 2021; 1.757 percent in 2022; 1.582 percent in 2023; and 1.407 percent in 2024 to advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or registrants to the city;       (3)   0.245 percent in 2020; 0.35 percent in 2021; 0.525 percent in 2022; 0.7 percent in 2023; and 0.875 percent in 2024 to:          (A)   the encouragement, promotion, improvement, and application of the arts, including instrumental and vocal music, dance, drama, folk art, creative writing, architecture, design and allied fields, painting, sculpture, photography, graphic and craft arts, motion pictures, radio, television, tape and sound recording, and other arts related to the presentation, performance, execution, and exhibition of these major art forms; and          (B)   historical restoration and preservation projects to encourage tourists and convention delegates to visit preserved historic sites or museums:             (1)   at or in the immediate vicinity of convention center facilities or visitor information centers; or             (2)   located elsewhere in the municipality or its vicinity that would be frequented by tourists and convention delegates. (Ord. Nos. 12470; 12572; 15555; 15684; 17955; 19631; 19997; 23555; 23915; 29880; 31554)   SEC. 44-35.1.   EXEMPTIONS AND REFUNDS.    (a)   A person described in Section 156.101 or Section 156.103(d) of the Texas Tax Code, as amended, is exempt from the payment of the tax imposed under this article.    (b)   A governmental entity excepted from the tax imposed by Chapter 156 of the Texas Tax Code, as amended, under Section 156.103(a)(1) or (a)(3) of that chapter shall pay the tax imposed by this article, but is entitled to a refund of the tax paid.    (c)   A person described in Section 156.103(c) of the Texas Tax Code, as amended, shall pay the tax imposed by this article, but the state governmental entity with whom the person is associated is entitled to a refund of the tax paid.    (d)   To receive a refund of tax paid under this article, the governmental entity entitled to the refund must file a refund claim with the director on a form prescribed by the state comptroller and provided by the director. A governmental entity may file a refund claim with the director only for each calendar quarter for all reimbursements accrued during that quarter. (Ord. 23555) SEC. 44-36.   RESPONSIBILITY FOR COLLECTION, REPORTING, AND PAYMENT OF TAX.    Every person owning, operating, managing, or controlling any hotel shall collect the tax for the city and report and pay the tax to the city in accordance with all requirements and procedures set forth in this article. (Ord. Nos. 12470; 17955; 23555) SEC. 44-37.   REPORTS; PAYMENTS; FEES.    (a)   On the 15th day of the month following each month in which a tax is earned, every person required by this article to collect the tax shall file a report with the director showing:       (1)   the consideration paid for all occupancies in the preceding month;       (2)   the amount of the tax collected on the occupancies; and       (3)   any other information the director may reasonably require.    (b)   Every person required by this article to collect the tax shall pay the tax due on all occupancies in the preceding month to the director at the time of filing the report required under Subsection (a) of this section.    (c)   Every person collecting a tax under this article may deduct a one percent collection fee from the gross amount of tax collected on all occupancies in the preceding month if the tax is paid to and received by the director no later than the 15th day of the month following the month in which the tax is required to be collected. If the 15th day falls on a weekend or holiday, the director must receive the tax by the next business day. If the tax is paid by mail, the date of receipt by the director is the date postmarked by the U. S. Postal Service.    (d)   Each remittance of a tax required by this article must contain the following statement and representation:       The tax remitted and paid to the City of Dallas with this report was collected pursuant to the requirements of Article V, Chapter 44, Dallas City Code, as amended. (Ord. Nos. 12470; 17955; 23555) SEC. 44-37.1.   TAX COLLECTION ON PURCHASE OF A HOTEL.    (a)   If a person who is liable for the payment of a tax under this article is the owner of the hotel and sells the hotel, the successor to the seller or the seller’s assignee shall withhold an amount of the purchase price sufficient to pay the tax due until the seller provides a receipt from the director showing that the amount has been paid or a certificate stating that no tax is due.    (b)   The purchaser of a hotel who fails to withhold an amount of the purchase price as required by this section is liable for the amount required to be withheld to the extent of the value of the purchase price.    (c)   The purchaser of a hotel may request that the director issue a certificate stating that no tax is due or issue a statement of the amount required to be paid before a certificate may be issued. The director shall issue the certificate or statement not later than 60 days after receiving the request.    (d)   If the director fails to issue the certificate or statement within the period provided by Subsection (c) of this section, the purchaser is released from the obligation to withhold the purchase price or pay the amount due. (Ord. Nos. 19388; 23555) SEC. 44-37.2.   CONVENIENCE CHARGE FOR CERTAIN PAYMENTS MADE BY CREDIT CARD.    (a)   Pursuant to Chapter 132 of the Texas Local Government Code, as amended, the director shall collect a convenience fee charge in an amount equal to the credit card processing fee charged to the city for all fees, taxes, and payments included in this article, when the payment is made by credit card.    (b)   The convenience fee charge collected under this section shall be deposited in the fund of the city which recorded the associated credit card processing fee. (Ord. 31332, eff. 10/1/19) SEC. 44-38.   RULES AND REGULATIONS.    The director shall have the power to make any rules and regulations necessary to effectively collect the tax. The director shall, upon giving reasonable notice, have access to all books and records necessary to enable him to determine the correctness of any report filed as required by this article and the amount of taxes due under this article. (Ord. Nos. 12470; 17955) SEC. 44-39.   PENALTIES.    (a)   A person commits an offense if he:       (1)   fails to collect the tax imposed by this article;       (2)   fails to file a report as required by this article;       (3)   fails to pay the director the tax when payment is due;       (4)   files a false report; or       (5)   fails to comply with Section 44-37.1(a) when purchasing a hotel.    (b)   An offense committed under Subsection (a) of this section is punishable by a fine not to exceed $500.    (c)   In addition to any criminal penalties imposed under Subsection (b) of this section, a person failing to pay the tax to the director by the 25th day of the month following the month in which the tax is required by this article to be collected shall pay an amount equal to 15 percent of the tax due as a penalty. Delinquent taxes draw interest at the rate of 10 percent per year beginning 30 days from the date the tax is due to the director.    (d)   In addition to the amount of any tax owed, a person is liable to the city for all reasonable attorney’s fees incurred by the city in enforcing this article against the person and in collecting any tax owed by the person under this article. (Ord. Nos. 12470; 17955; 19388; 19963; 23555) ARTICLE VI. SHORT-TERM MOTOR VEHICLE RENTAL TAX. SEC. 44-40.   DEFINITIONS.    In this article:       (1)   ACT means Chapter 334, Local Government Code, as amended.       (2)   APPROVED VENUE PROJECT means the Dallas Sports Arena Project that was approved by a majority of the voters voting at an election held in the city on January 17, 1998, in accordance with the Act.       (3)   CITY means the city of Dallas, Texas.       (4)   DIRECTOR means the director of the department designated by the city manager to enforce and administer this article, or the director’s designated representative.       (5)   GROSS RENTAL RECEIPTS means the value promised or received as consideration to the owner of a motor vehicle for the rental of the motor vehicle, but does not include:          (A)   separately stated charges for insurance;          (B)   charges for damages to the motor vehicle occurring during the rental agreement period;          (C)   separately stated charges for motor fuel sold by the owner of the motor vehicle; or          (D)   discounts.       (6)   MOBILE OFFICE means a trailer designed to be used as an office, sales outlet, or other workplace.       (7)   MOTOR VEHICLE means a self-propelled vehicle designed principally to transport persons or property on a public roadway and includes a passenger car, van, station wagon, sports utility vehicle, and truck. The term does not include:          (A)   a trailer, semitrailer, house trailer, truck having a manufacturer’s rating of more than one-half ton, or road-building machine;          (B)   a device moved only by human power;          (C)   a device used exclusively on stationary rails or tracks;          (D)   a farm machine; or          (E)   a mobile office.       (8)   OWNER OF A MOTOR VEHICLE means a person who:          (A)   is named in the certificate of title as the owner of a motor vehicle; or          (B)   has the exclusive use of a motor vehicle for the purpose of renting it to another person.       (9)   PERSON means any individual, partnership, trust, company, corporation, association, or other entity.       (10)   RENTAL means an oral or written agreement by the owner of a motor vehicle that authorizes for not longer than 30 days the exclusive use of that motor vehicle to another person for consideration, where the transfer of possession of the motor vehicle occurs within the corporate limits of the city.       (11)   VENUE PROJECT FUND means the “Arena Project Fund” created in Resolution No. 98- 0749, adopted by the city council on February 25, 1998, as it may be amended. (Ord. 23456) SEC. 44-41.   TAX IMPOSED.    (a)   There is hereby levied and imposed a tax at the rate of five percent on the gross rental receipts from the rental of a motor vehicle, except that the same exemptions provided in Chapter 152, Subchapter E, of the Texas Tax Code apply to the tax imposed under this section.    (b)   The tax imposed under this section must be collected on every rental occurring on or after May 1, 1998, and must continue to be collected for so long as any bonds or other obligations that are issued by the city before May 1, 1999 under Section 334.043 of the Act for the purpose of financing a portion of the costs of the approved venue project, and any bonds refunding or refinancing those bonds or other obligations, are outstanding and unpaid. (Ord. 23456) SEC. 44-42.   COLLECTION OF TAX.    (a)   Every owner of a motor vehicle who enters into a rental of a motor vehicle with any other person shall collect the tax imposed by this article on behalf of the city.    (b)   The owner of a motor vehicle subject to the tax imposed by this article shall add the tax to the rental charge.    (c)   Each bill or other receipt for a rental subject to the tax imposed by this article must contain a statement in a conspicuous location stating:       The City of Dallas requires that an additional tax of five percent be imposed on each motor vehicle rental for the purpose of financing a portion of the costs of the Dallas Sports Arena Project approved by the voters of the city on January 17, 1998.    (d)   An attorney acting on behalf of the city may bring suit against any person who fails to collect the tax imposed by this article and to pay it over to the director as required by this article. (Ord. 23456) SEC. 44-43.   REPORTS; PAYMENT TO THE CITY; FEES; RECORDS.    (a)   On the 15th day of the month following each month in which a tax is required to be collected under this article, the owner of a motor vehicle required to collect the tax shall file a report with the director showing:       (1)   the consideration paid for all rentals in the preceding month;       (2)   the amount of the tax collected on the rentals; and       (3)   any other information the director may reasonably require.    (b)   Every owner of a motor vehicle required by this article to collect the tax shall pay the tax due on all rentals in the preceding month to the director at the time of filing the report required under Subsection (a) of this section.    (c)   Every owner of a motor vehicle collecting a tax under this article may deduct a one percent collection fee from the gross amount of tax collected on all rentals in the preceding month if the tax is paid to and received by the director no later than the 15th day of the month following the month in which the taxes are required to be collected. If the 15th day falls on a weekend or holiday, the director must receive the tax by the next business day. If the tax is paid by mail, the date of receipt by the director is the date postmarked by the U. S. Postal Service.    (d)   The owner of a motor vehicle used for rental purposes shall keep for four years records and supporting documents (except that mileage records are not required) containing the following information:       (1)    the amount of gross rental receipts received from the rental of the motor vehicle; and       (2)   the amount of tax imposed under this article and paid to the city on each motor vehicle used for rental purposes by the owner. (Ord. 23456) SEC. 44-44.   COLLECTION PROCEDURES ON PURCHASE OF A MOTOR VEHICLE RENTAL BUSINESS.    (a)   If the owner of a motor vehicle rental business that makes rentals subject to the tax imposed under this article sells the business, the successor to the seller or the seller’s assignee shall withhold an amount of the purchase price sufficient to pay the amount of tax due until the seller provides a receipt from the director showing that the amount has been paid or a certificate showing that no amount is due.    (b)   The purchaser of a motor vehicle rental business who fails to withhold an amount of the purchase price as required by this section is liable for the amount required to be withheld to the extent of the value of the purchase price.    (c)   The purchaser of a motor vehicle rental business may request that the director issue a certificate stating that no tax is due or issue a statement of the amount required to be paid before a certificate may be issued. The director shall issue the certificate or statement not later than 60 days after receiving the request.    (d)   If the director fails to issue the certificate or statement within the period provided by Subsection (c) of this section, the purchaser is released from the obligation to withhold the purchase price or pay the amount due. (Ord. 23456) SEC. 44-45.   USE OF REVENUE DERIVED FROM IMPOSITION OF TAX.    The revenue derived from the tax imposed under this article must be deposited in the Arena Tax Proceeds Account within the venue project fund. Money in the account may be used only for the purposes specified in Resolution No. 98-0749 that created the venue project fund, as it may be amended. (Ord. 23456) SEC. 44-46.   RULES AND REGULATIONS.    The director shall have the power to make any rules and regulations necessary to effectively collect the tax. The director shall, upon giving reasonable notice, have access to all books and records necessary to enable the director to determine the correctness of any report filed as required by this article and the amount of taxes due under this article. (Ord. 23456) SEC. 44-47.   PENALTIES.    (a)   An owner of a motor vehicle commits an offense if that person:       (1)   fails to collect the tax imposed by this article;       (2)   fails to file a report as required by this article;       (3)   fails to pay the director the tax when payment is due;       (4)   files a false report;       (5)   fails to make and retain complete records as required by Section 44-43(d) of this article; or       (6)   fails to comply with Section 44-44(a) when purchasing a motor vehicle rental business.    (b)   An offense committed under Subsection (a) of this section is punishable by a fine not to exceed $500, except that an offense committed under Subsection (a)(5) of this section is punishable by a fine of not less than $25 or more than $500.    (c)   In addition to any criminal penalties imposed under Subsection (b) of this section, the owner of a motor vehicle failing to pay the tax to the director by the 25th day of the month following the month in which the tax is required by this article to be collected shall pay an amount equal to 10 percent of the tax due as a penalty. An additional penalty equal to 10 percent of the tax due must be paid 30 days later if the tax is still not paid. The penalties provided by this subsection may never be less than $5. Delinquent taxes draw interest at the rate of 10 percent per year beginning 60 days after the date the tax is due to the director. (Ord. 23456) ARTICLE VII. ADDITIONAL HOTEL OCCUPANCY TAX. SEC. 44-48.   DEFINITIONS.    In this article:       (1)   ACT means Chapter 334, Local Government Code, as amended.       (2)   APPROVED VENUE PROJECTS means the Convention Center Expansion Venue Project and Fair Park Facilities Venue Project that were approved by a majority of the voters voting at the election held in the city on November 8. 2022, in accordance with the Act.       (3)   CITY means the city of Dallas, Texas.       (4)   CONSIDERATION means the cost of a room in a hotel, and does not include:          (A)   the cost of any food served or personal services rendered to the occupant not related to cleaning and readying the room or space for occupancy; or          (B)   any tax assessed by any other governmental agency for occupancy of the room.       (5)   DIRECTOR means the director of the department designated by the city manager to enforce and administer this article, or the director's designated representative.       (6)   HOTEL means any building in which members of the public obtain sleeping accommodations for consideration. The term includes a hotel, motel, tourist home, tourist house, tourist court, lodging house, inn, rooming house, or bed and breakfast. For the purposes of the imposition of the tax under this chapter, "hotel" includes a "short term rental." The term does not include:          (A)   a hospital, sanitarium, or nursing home; or          (B)   a dormitory or other housing facility owned or leased and operated by an institution of higher education or a private or independent institution of higher education, as those terms are defined by Section 61.003 of the Texas Education Code, as amended, that is used by the institution for the purpose of providing sleeping accommodations for persons engaged in an educational program or activity at the institution.       (7)   OCCUPANCY means the use or possession, or the right to the use or possession, of any room in a hotel.       (8)   OCCUPANT means any person who, for a consideration, uses, possesses, or has a right to use or possess any room in a hotel under any lease, concession, permit, right of access, license, contract, or agreement.       (9)   SHORT TERM RENTAL means the rental of all or part of a residential property to a person who is not a permanent resident under Texas Tax Code Section 156.101.       (10)   TAX means the hotel occupancy tax levied in this article pursuant to Chapter 334 of the Texas Local Government Code, as amended.       (11)   VENUE PROJECTS FUND means the fund entitled the "Venue Projects Fund," created in Resolution No. 22-1817, adopted by the city council on December 14, 2022, as it may be amended. (Ord. Nos. 23555; 32363) SEC. 44-49.   LEVY OF TAX; AMOUNT; DURATION.    (a)   In addition to the hotel occupancy tax levied in Section 44-35 of this chapter, there is hereby levied a tax upon an occupant of any room that:       (1)   is in a hotel;       (2)   is ordinarily used for sleeping; and       (3)   the cost of occupancy of which is $2 or more each day.    (b)   The tax is equal to two percent of the consideration paid by the occupant of the room to the hotel.    (c)   The tax imposed under this section must be collected on every occupancy occurring on or after January 1. 2023, and must continue to be collected for so long as any bonds or other obligations that are issued by the city under Section 334.043 of the Act for the purpose of financing a portion of the costs of the approved venue projects, and any bonds refunding or refinancing those bonds or other obligations, are outstanding and unpaid. (Ord. Nos. 23555; 32363) SEC. 44-50.   USE OF TAX REVENUE.    (a)   The revenue derived from the two percent tax imposed under this article must be deposited in the 2% HOT Account within the Venue Projects Fund established by Resolution No.22-1817. Money in this account may be used only for the following purposes:       (1)   to reimburse the city for prior expenditures made in connection with, or to pay the costs of, planning, acquiring, establishing, developing, constructing, or renovating the approved venue projects to the extent not prohibited by any ordinance or indenture authorizing bonds or other obligations payable from and secured by a pledge of the two percent tax imposed under this article;       (2)   to pay the principal of, interest on, and other costs relating to bonds or other obligations issued by the city, or to refund bonds or other obligations, that were issued for the purpose of providing the approved venue projects; and       (3)   such other uses as permitted by applicable law.    (b)   For purposes of Subsection (a)(1) of this section, "costs" include, but are not limited to, overhead, legal, and accounting expenses of the city. (Ord. Nos. 23555; 32363) SEC. 44-51.   EXEMPTIONS AND REFUNDS.    (a)   A person described in Section 156.101 or Section 156.103(d) of the Texas Tax Code, as amended, is exempt from the payment of the tax imposed under this article.    (b)   A governmental entity excepted from the tax imposed by Chapter 156 of the Texas Tax Code, as amended, under Section 156.103(a)(1) or (a)(3) of that chapter shall pay the tax imposed by this article, but is entitled to a refund of the tax paid.    (c)   A person described in Section 156.103(c) of the Texas Tax Code, as amended, shall pay the tax imposed by this article, but the state governmental entity with whom the person is associated is entitled to a refund of the tax paid.    (d)   To receive a refund of tax paid under this article, the governmental entity entitled to the refund must file a refund claim with the director on a form prescribed by the state comptroller and provided by the director. A governmental entity may file a refund claim with the director only for each calendar quarter for all reimbursements accrued during that quarter. (Ord. 23555) SEC. 44-52.   RESPONSIBILITY FOR COLLECTION, REPORTING, AND PAYMENT OF TAX; STATEMENT OF TAX PURPOSE REQUIRED.    (a)   Every person owning, operating, managing, or controlling any hotel shall collect the tax for the city and report and pay the tax to the city in accordance with all requirements and procedures set forth in this article.    (b)   Each bill or other receipt for a hotel charge subject to the tax imposed by this article must contain a statement in a conspicuous location stating:       The City of Dallas requires that an additional tax of two percent be imposed on each hotel charge for the purpose of financing venue projects, consisting of the Convention Center Expansion Venue Project and Fair Park Facilities Venue Project approved by the voters of the city on November 8, 2022. (Ord. Nos. 23555; 32363) SEC. 44-53.   REPORTS; PAYMENTS; FEES.    (a)   On the 15th day of the month following each month in which a tax is earned, every person required by this article to collect the tax shall file a report with the director showing:       (1)   the consideration paid for all occupancies in the preceding month;       (2)   the amount of the tax collected on the occupancies; and       (3)   any other information the director may reasonably require.    (b)   Every person required by this article to collect the tax shall pay the tax due on all occupancies in the preceding month to the director at the time of filing the report required under Subsection (a) of this section.    (c)   Every person collecting a tax under this article may deduct a one percent collection fee from the gross amount of tax collected on all occupancies in the preceding month if the tax is paid to and received by the director no later than the 15th day of the month following the month in which the tax is required to be collected. If the 15th day falls on a weekend or holiday, the director must receive the tax by the next business day. If the tax is paid by mail, the date of receipt by the director is the date postmarked by the U. S. Postal Service.    (d)   Each remittance of a tax required by this article must contain the following statement and representation:       The tax remitted and paid to the City of Dallas with this report was collected pursuant to the requirements of Article VII, Chapter 44, Dallas City Code, as amended. (Ord. 23555) SEC. 44-54.   TAX COLLECTION ON PURCHASE OF A HOTEL.    (a)   If a person who is liable for the payment of a tax under this article is the owner of the hotel and sells the hotel, the successor to the seller or the seller’s assignee shall withhold an amount of the purchase price sufficient to pay the tax due until the seller provides a receipt from the director showing that the amount has been paid or a certificate stating that no tax is due.    (b)   The purchaser of a hotel who fails to withhold an amount of the purchase price as required by this section is liable for the amount required to be withheld to the extent of the value of the purchase price.    (c)   The purchaser of a hotel may request that the director issue a certificate stating that no tax is due or issue a statement of the amount required to be paid before a certificate may be issued. The director shall issue the certificate or statement not later than 60 days after receiving the request.    (d)   If the director fails to issue the certificate or statement within the period provided by Subsection (c) of this section, the purchaser is released from the obligation to withhold the purchase price or pay the amount due. (Ord. 23555) SEC. 44-55.   RULES AND REGULATIONS.    The director shall have the power to make any rules and regulations necessary to effectively collect the tax. The director shall, upon giving reasonable notice, have access to all books and records necessary to enable the director to determine the correctness of any report filed as required by this article and the amount of taxes due under this article. (Ord. 23555) SEC. 44-56.   PENALTIES.    (a)   A person commits an offense if he:       (1)   fails to collect the tax imposed by this article;       (2)   fails to file a report as required by this article;       (3)   fails to pay the director the tax when payment is due;       (4)   files a false report; or       (5)   fails to comply with Section 44-54(a) when purchasing a hotel.    (b)   An offense committed under Subsection (a) of this section is punishable by a fine not to exceed $500.    (c)   In addition to any criminal penalties imposed under Subsection (b) of this section, a person failing to pay the tax to the director by the 25th day of the month following the month in which the tax is required by this article to be collected shall pay an amount equal to 15 percent of the tax due as a penalty. Delinquent taxes draw interest at the rate of 10 percent per year beginning 30 days after the date the tax is due to the director.    (d)   In addition to the amount of any tax owed, a person is liable to the city for all reasonable attorney’s fees incurred by the city in enforcing this article against the person and in collecting any tax owed by the person under this article. (Ord. 23555) ARTICLE VIII. TAXATION OF TANGIBLE PERSONAL PROPERTY IN TRANSIT. SEC. 44-57.   TAXATION OF TANGIBLE PERSONAL PROPERTY IN TRANSIT.    (a)   The definitions set forth in Section 11.253 of the Texas Tax Code, as amended, are hereby adopted and made a part of this article by reference.    (b)   Tangible personal property located in the city and consisting of goods-in-transit [which would otherwise be exempt from taxation under Section 11.253(b) of the Texas Tax Code, as amended, and Section 1-n(a), Article VIII of the Texas Constitution, as amended] is subject to ad valorem taxation pursuant to Sections 11.253(j) and 11.253(j-1) of the Texas Tax Code, as amended, and Section 1-n(d), Article VIII of the Texas Constitution, as amended. Such goods-in- transit will remain subject to ad valorem taxation until the city council repeals this subsection or otherwise takes official action to adopt the exemption prescribed by Section 11.253(b) of the Texas Tax Code, as amended, and Section 1-n(a), Article VIII of the Texas Constitution, as amended, for such goods-in-transit.    (c)   Nothing in this article subjects to ad valorem taxation any tangible personal property that is exempt from taxation under Section 11.251 of the Texas Tax Code, as amended, under Section 1-j, Article VIII of the Texas Constitution, as amended, or under another law. (Ord. Nos. 27026; 28512) CHAPTER 45 TEMPORARY INCLEMENT WEATHER SHELTER PROGRAM ARTICLE I. GENERAL PROVISIONS. Sec. 45-1.   Purpose. Sec. 45-2.   Definitions. Sec. 45-3.   Authority and duties of the coordinator. Sec. 45-4.   Operation of shelters generally. Sec. 45-5.   Shelter space. Sec. 45-6.   Chapter cumulative. Sec. 45-7.   Exemption. ARTICLE II. TEMPORARY INCLEMENT WEATHER SHELTER PERMITS. Sec. 45-8.   Application; issuance. Sec. 45-9.   Operation plan. Sec. 45-10.   Expenses. Sec. 45-11.   Indemnification. Sec. 45-12.   Emergency response notice. Sec. 45-13.   Expiration; reapplication. Sec. 45-14.   Permit denial or revocation. Sec. 45-15.   Notice and appeal from denial or revocation of a temporary inclement weather shelter permit. ARTICLE I. GENERAL PROVISIONS. SEC. 45-1.   PURPOSE.    The purpose of this chapter is to establish standards for the operation of temporary shelters during times of inclement weather by entities that assure compatibility of shelter activities with surrounding uses and provide a safe place for individuals and families to obtain temporary shelter. (Ord. 31695) SEC. 45-2.   DEFINITIONS.    In this chapter,       (1)   APPLICANT means a person or entity who submits a written application to host or operate a temporary inclement weather shelter.       (2)   INCLEMENT WEATHER means the following weather conditions:          (A)   COLD WEATHER ADVISORY means an advisory issued:             (1)   when the minimum nighttime temperature is forecasted by the National Oceanic and Atmospheric Administration's National Weather Service to be 36 degrees Fahrenheit or below at any point between 4:00 p.m. and 8:00 a.m. (the next day);             (2)   for any amount of freezing rain or ice; or             (3)   for two or more inches of snow (alone or in combination with sleet and freezing rain).          (B)   HEAT WEATHER ADVISORY means an advisory issued when the minimum nighttime temperature is forecasted by the National Oceanic and Atmospheric Administration's National Weather Service to be 90 degrees Fahrenheit or higher at any point between 10:00 p.m. and 8:00 a.m. (the next day).       (3)   OPERATOR means a person or entity permitted by the city to operate a temporary inclement weather shelter for a specified period.       (4)   SHELTER PARTICIPANT means a homeless individual or family lodging overnight at a shelter.       (5)   TEMPORARY INCLEMENT WEATHER SHELTER or SHELTER means a facility operating as a temporary inclement weather shelter as defined in Sections 51-4.217 and 51A-4.217 and in accordance with this chapter.       (6)   TEMPORARY INCLEMENT WEATHER SHELTER COORDINATOR or COORDINATOR means a city employee designated by the city manager to implement, administer, and enforce this chapter or his or her designated representative.       (7)   TEMPORARY INCLEMENT WEATHER SHELTER PERMIT means written approval issued by the coordinator to operate a shelter. (Ord. 31695) SEC. 45-3.   AUTHORITY AND DUTIES OF THE COORDINATOR.    (a)   The coordinator shall implement and enforce this chapter and shall discharge any duty necessary under or to affect the policy of this chapter.    (b)   The coordinator may assist the applicant or operator in coordinating applications for any required city-issued permit or license in addition to the temporary inclement weather shelter permit. (Ord. 31695) SEC. 45-4.   OPERATION OF SHELTERS GENERALLY.    (a)   Shelters may only operate and host shelter participants during times of cold weather advisory and heat weather advisory.    (b)   Shelters must be operated in compliance with an approved operation plan.    (c)   Shelters' intake procedures must comply with Chapter 46, "Unlawful Discriminatory Practices Relating to Sexual Orientation and Gender Identity and Expression." (Ord. 31695) SEC. 45-5.   SHELTER SPACE.    (a)   Except as provided in this section, shelters must provide a minimum of 40 square feet of space per shelter participant.    (b)   Each designated sleeping area must provide a walkway of four feet between each row to provide emergency access. (Ord. 31695) SEC. 45-6.   CHAPTER CUMULATIVE.    The provisions of this chapter are cumulative of all city ordinances. Building, electrical, food establishment, fire safety, and all other permits and licenses required by ordinance or other law for specific activities to be conducted in conjunction with or as part of a temporary inclement weather shelter permit must be applied for separately, in accordance with the applicable city ordinance or state or federal law. (Ord. 31695) SEC. 45-7.   EXEMPTION.    The provisions of this chapter do not apply to a shelter established as disaster relief operated by the office of emergency management. (Ord. 31695) ARTICLE II. TEMPORARY INCLEMENT WEATHER SHELTER PERMITS. SEC. 45-8.   APPLICATION; ISSUANCE.    (a)   To obtain a temporary inclement weather shelter permit, an applicant shall submit an application on a form provided for that purpose to the coordinator.    (b)   The application must contain the following information:       (1)   Proof of a valid certificate of occupancy for a use allowed by the Dallas Development Code.       (2)   Project plans, including a site plan and floor plan, that accurately depict the location of the shelter facility and areas to be used by shelter participants.       (3)   A proposed operation plan that complies with Section 45-9.    (c)   Upon receipt of the completed temporary inclement weather shelter permit application, the coordinator may request a building and fire inspection to ensure required life safety systems and equipment are in working condition. City departments and the coordinator may prescribe additional licenses, permits, and authorizations required by other city ordinances or applicable law, restrictions, regulations, safeguards, and other conditions necessary for the safe and orderly operation of a shelter, to be incorporated into the temporary inclement weather shelter permit before issuance. (Ord. 31695) SEC. 45-9.   OPERATION PLAN.    The operation of a shelter must comply with an operation plan approved by the coordinator. The operation plan must include the following:       (1)   A supportive services plan that describes supportive services, programs, and case management services, if any, offered to shelter participants.       (2)   Infection control policies and plans that comply with the guidelines of the Centers for Disease Control and Prevention.       (3)   Reasonable accommodations made for shelter participants who are deemed a vulnerable sub-population or require supportive equipment, such as a wheelchair, lift equipment, or service animals.       (4)   Staffing plan to support operations. (Ord. 31695) SEC. 45-10.   EXPENSES.    An operator shall pay any expenses incurred by the city associated with the operation of a shelter, such as a fire watch or requests for security to be provided by the city. (Ord. 31695) SEC. 45-11.   INDEMNIFICATION.     An applicant shall execute a written agreement to indemnify the city and its officers and employees against all claims of injury or damage to persons or property, whether public or private, arising out of the temporary inclement weather shelter operation. (Ord. 31695) SEC. 45-12.   EMERGENCY RESPONSE NOTICE.    The coordinator shall notify the fire and police departments when a permit has been issued for a shelter at least 36 hours prior to operation and shall provide those departments with the approved site plan and floor plan. (Ord. 31695) SEC. 45-13.   EXPIRATION; REAPPLICATION.    A temporary inclement weather shelter permit expires two years after the date of issuance. Applicants may file a new application to operate a temporary inclement weather shelter for the next two-year period before the expiration of the current period. (Ord. 31695) SEC. 45-14.   PERMIT DENIAL OR REVOCATION.    (a)   The coordinator shall deny or revoke a temporary inclement weather shelter permit if:       (1)   The applicant falsifies information on, or fails to properly complete, the temporary inclement weather shelter application.       (2)   The operator fails to maintain public order in or around the shelter location.       (3)   The fire or police department declares a structure or property a serious threat to the public's health, safety, and welfare.       (4)   The applicant or operator has had a temporary inclement weather shelter permit revoked within the preceding 24 months or has committed two violations of this chapter within the preceding 12 months.       (5)   The operator fails to comply with or the shelter violates a city ordinance or state or federal law.       (6)   The operator fails to comply with Chapter 46, "Unlawful Discriminatory Practices Relating to Sexual Orientation and Gender Identity and Expression."    (b)   Any violation of a city ordinance or state or federal law by shelter participants while on shelter premises may be grounds for revocation of shelter's temporary inclement weather permit. When considering whether to revoke a temporary inclement weather shelter permit on these grounds, the coordinator shall consider the severity of the violation and the frequency of repeated violations. (Ord. 31695) SEC. 45-15.   NOTICE AND APPEAL FROM DENIAL OR REVOCATION OF A TEMPORARY INCLEMENT WEATHER SHELTER PERMIT.    (a)   If the coordinator denies or revokes a permit, the coordinator shall contact and send to the applicant or permit holder by certified mail, return receipt requested, written notice of the denial or revocation and the right to an appeal to the permit and license appeal board.    (b)   An applicant or operator whose permit is denied or revoked by the coordinator may file an appeal with the permit and license appeal board in accordance with Section 2-96, "Appeals from Actions of Department Directors," of this code.    (c)   The applicant or permit holder may reapply for a temporary inclement weather shelter permit once conditions are met upon inspection by appropriate city departments. (Ord. 31695) CHAPTER 46 UNLAWFUL DISCRIMINATORY PRACTICES RELATING TO SEXUAL ORIENTATION AND GENDER IDENTITY AND EXPRESSION ARTICLE I. GENERAL. Sec. 46-1.   Declaration of policy. Sec. 46-2.   Administration. Sec. 46-3.   Interpretation and effect. Sec. 46-4.   Definitions. Sec. 46-5.   Exceptions. ARTICLE II. UNLAWFUL DISCRIMINATORY PRACTICES. Sec. 46-6.   Unlawful employment practices. Sec. 46-6.1.   Unlawful public accommodation practices. Sec. 46-7.   Unlawful housing practices. Sec. 46-8.   Unlawful intimidation, retaliation, and coercion. ARTICLE III. ENFORCEMENT. Sec. 46-9.   Procedures for filing complaints. Sec. 46-10.   Investigation. Sec. 46-11.   Conciliation. Sec. 46-12.   Disposition of a complaint. Sec. 46-13.   Offenses and penalties. ARTICLE I. GENERAL. SEC. 46-1.   DECLARATION OF POLICY.    (a)   It is the policy of the city of Dallas to bring about through fair, orderly, and lawful procedures the opportunity for every person to obtain employment, access to all places of public accommodation, and housing, without regard to sexual orientation or gender identity and expression. The city of Dallas is proud of the diversity of its employees, as reflected in Section 34- 35 of this Code, and is proud of the diversity of its citizens. The city strongly encourages all entities within the city, including those who are excepted from the requirements of this chapter, to recognize the rights of every individual to work and earn wages through gainful employment, to obtain and enjoy goods, services, facilities, privileges, advantages, and accommodations in all places of public accommodation, and to obtain housing.    (b)   The denial or deprivation of these rights because of a person's actual or perceived sexual orientation or gender identity and expression is detrimental to the health, safety, and welfare of the citizens of Dallas and is within the power and responsibility of the city to prevent. (Ord. Nos. 24927; 29942) SEC. 46-2.   ADMINISTRATION.    The city manager is responsible for administering and implementing this chapter. The city manager may delegate the authority to receive, investigate, and conciliate complaints under this chapter to an administrator or other city employees. (Ord. 24927) SEC. 46-3.   INTERPRETATION AND EFFECT.    This chapter does not create a private cause of action, nor does it create any right or remedy that is the same or substantially equivalent to the remedies provided under federal or state law. (Ord. 24927) SEC. 46-4.   DEFINITIONS.    (a)   In this chapter:       (1)   ADMINISTRATOR means the person designated by the city manager to receive, investigate, and conciliate complaints under this chapter and includes the administrator's designated representatives.       (2)   CITY means the city of Dallas, Texas.       (3)   COMPLAINANT means a person, including the administrator, who files a complaint under this chapter.       (4)   CONCILIATION means the attempted resolution of issues raised in a complaint filed under this chapter, or raised in the investigation of the complaint, through informal negotiations involving the complainant, the respondent, and the administrator.       (5)   CONCILIATION AGREEMENT means a written agreement setting forth the resolution of the issues in a conciliation.       (6)   DISCRIMINATION means any direct or indirect exclusion, distinction, segregation, limitation, refusal, denial, or other differentiation in the treatment of a person or persons because of sexual orientation or gender identity and expression.       (7)   DWELLING means:          (A)   any building, structure, or part of a building or structure that is occupied as, or designed and intended for occupancy as, a residence for one or more persons; and          (B)   any vacant land that is offered for sale or lease for the construction or location of any building, structure, or part of a building or structure designed and intended for occupancy as a residence for one or more persons.       (8)   EMPLOYEE means any individual employed by an employer. The term does not include an elected official.       (9)   EMPLOYER means any person who has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, and includes any agent of such a person. The term does not include a bona fide private membership club (other than a labor organization) that is exempt from taxation under Section 501(c) of the Internal Revenue Code of 1954, as amended.       (10)   EMPLOYMENT AGENCY means any person, and any agent of a person, who regularly undertakes, with or without compensation, to procure:          (A)   employees for an employer; or          (B)   opportunities for a person to work for an employer.       (11)   GENDER IDENTITY AND EXPRESSION means "gender identity and expression" as defined in Chapter 34 of the Dallas City Code.       (12)   LABOR ORGANIZATION means a labor organization and any of its agents, and includes:          (A)   any organization, agency, or employee representation committee, group, association, or plan in which employees participate and that exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours, or other terms or conditions of employment; and          (B)   any conference, general committee, joint or system board, or joint council so engaged that and Gender Identity and Expression is subordinate to a national or international labor organization.       (13)   PERSON means one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers, fiduciaries, and other legal entities.       (14)   PLACE OF PUBLIC ACCOMMODATION means any of the following establishments if they are open to the general public and, for compensation, offer any product, service, or facility to the general public:          (A)   Any inn, hotel, motel, or other establishment that provides lodging to transient guests, other than an establishment:             (i)   located within a building that contains not more than five rooms for rent or hire and that is actually occupied by the proprietor of the establishment as a residence; or             (ii)   in which the majority of the occupants are permanent residents and maintain their fixed place of domicile in the establishment.          (B)   Any restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or other facility principally engaged in selling food for consumption on the premises, including, but not limited to, any such facility located on the premises of a retail establishment or gasoline station.          (C)   Any motion picture house, theater, concert hall, sports arena, stadium, or other place of exhibition or entertainment.          (D)   Any bar, tavern, pub, drinking establishment, or facility where alcoholic beverages are served.          (E)   Any retail or wholesale establishment selling any kind of goods or services.          (F)   Any public conveyance, including stations and terminals.       (15)   RELIGION means all aspects of religious observance and practice, as well as belief.       (16)   RELIGIOUS ORGANIZATION means:          (A)   a religious corporation, association, or society; or          (B)   a school, college, university, or other educational institution or institution of learning, if:             (i)   the institution is, in whole or in substantial part, controlled, managed, owned, or supported by a religion, religious corporation, association, or society; or             (ii)   the curriculum of the institution is directed toward the propagation of a religion.       (17)   RENT means to lease, sublease, let, or otherwise grant for a consideration the right to occupy premises not owned by the occupant.       (18)   RESPONDENT means a person identified in a complaint as having committed an unlawful practice under this chapter.       (19)   SEXUAL ORIENTATION means "sexual orientation" as defined in Chapter 34 of the Dallas City Code.       (20)   UNLAWFUL PRACTICE means a discriminatory act or practice relating to employment, public accommodations, or housing that is prohibited under this chapter.    (b)   For purposes of this chapter, an individual's gender is determined solely by that individual's own perception of their gender. (Ord. Nos. 24927; 29942) SEC. 46-5.   EXCEPTIONS.    This chapter does not apply to:       (1)   a religious organization;       (2)   the United States government, any of its departments or agencies, or any corporation wholly owned by it; or       (3)   the government of the State of Texas or any of its departments, agencies, or political subdivisions. (Ord. 24927) ARTICLE II. UNLAWFUL DISCRIMINATORY PRACTICES. SEC. 46-6.   UNLAWFUL EMPLOYMENT PRACTICES.     (a)   Employers. It is unlawful for an employer, because of sexual orientation or gender identity and expression:       (1)   to fail or refuse to hire, or to discharge, any person;       (2)   to discriminate against any person with respect to compensation, terms, conditions, or privileges of employment; or       (3)   to limit, segregate, or classify employees or applicants for employment in any way that would deprive or tend to deprive a person of employment or employment opportunities, or that would otherwise adversely affect a person's status as an employee.    (b)   Employment agencies. It is unlawful for an employment agency:       (1)   to fail or refuse to refer for employment, or to otherwise discriminate against, any person because of sexual orientation or gender identity and expression; or       (2)   to classify or refer for employment any person on the basis of sexual orientation or gender identity and expression.    (c)   Labor organizations. It is unlawful for a labor organization:       (1)   to exclude or expel from its membership, or to otherwise discriminate against, any person because of sexual orientation or gender identity and expression;       (2)   to fail or refuse to refer for employment any person because of sexual orientation or gender identity and expression;       (3)   to limit, segregate, or classify its members or applicants for membership in any way that would deprive or tend to deprive a person of employment or employment opportunities, or that would otherwise adversely affect a person's status as an employee or as an applicant for employment; or       (4)   to cause or attempt to cause an employer to discriminate against a person in violation of this chapter.    (d)   Training programs. It is unlawful for an employer, a labor organization, or a joint labor-management committee controlling apprenticeship or other training or retraining (including on-the-job training programs) to discriminate against any person because of sexual orientation or gender identity and expression in the admission to, or employment in, any program established to provide apprenticeship or other training.    (e)   Notices and advertisements.       (1)   It is unlawful for an employer to print or publish, or cause to be printed or published, any notice or advertisement relating to employment by the employer that indicates any preference, limitation, specification, or discrimination based on sexual orientation or gender identity and expression.       (2)   It is unlawful for an employment agency to print or publish, or cause to be printed or published, any notice or advertisement relating to membership in or any classification or referral for employment by the employment agency that indicates any preference, limitation, specification, or discrimination based on sexual orientation or gender identity and expression.       (3)   It is unlawful for a joint labor-management committee controlling apprenticeship or other training or retraining (including on-the-job training programs) to print or publish, or cause to be printed or published, any notice or advertisement relating to admission to, or employment in, any program established to provide apprenticeship or other training by the joint labor- management committee that indicates any preference, limitation, specification, or discrimination based on sexual orientation or gender identity and expression.       (4)   Nothing in this subsection prohibits a notice or advertisement from indicating a preference, limitation, specification, or discrimination based on sexual orientation or gender identity and expression when sexual orientation or gender identity and expression is a bona fide occupational qualification for employment.    (f)   Exception. This section does not apply to, and does not require, the provision of employee benefits to a person for the benefit of the person's domestic partner. (Ord. Nos. 24927; 29942) SEC. 46-6.1.   UNLAWFUL PUBLIC ACCOMMODATION PRACTICES.    (a)   Discrimination in public accommodations. It is unlawful for any owner, proprietor, or lessee of any place of public accommodation, because of sexual orientation or gender identity and expression:       (1)   to directly or indirectly exclude, segregate, limit, refuse, or deny to any person any of the accommodations, advantages, facilities, benefits, privileges, services, or goods offered to the general public at that place; or       (2)   to circulate, issue, display, post, mail, or otherwise publish a statement, advertisement, or sign indicating that:          (A)   a person will be denied accommodations, advantages, facilities, benefits, privileges, services, or goods at that place; or          (B)   the patronage or presence of a person at that place is objectionable, unwelcome, unacceptable, undesirable, or unsolicited.    (b)   Defenses. It is a defense to prosecution under this section that the refusal to admit a person to a place of public accommodation or the expulsion of a person from a place of public accommodation was required by law.    (c)   Exceptions. This section does not apply to:       (1)   a hotel, restaurant, bar, lounge, nightclub, cabaret, theater, bowling alley, skating rink, or golf course when the accommodations, advantages, facilities, and services are restricted to members of a club and their guests; or       (2)   any bona fide social, fraternal, educational, civic, political, or religious organization, when the profits of the accommodations, advantages, facilities, and services (above reasonable and necessary expenses) are solely for the benefit of the organization. (Ord. Nos. 24927; 29942) SEC. 46-7.   UNLAWFUL HOUSING PRACTICES.     (a)   Discrimination in the sale or rental of housing.       (1)   It is unlawful for a person, because of sexual orientation or gender identity and expression:          (A)   to refuse to negotiate with a person for the sale or rental of a dwelling or to otherwise deny or make unavailable a dwelling to a person;          (B)   to refuse to sell or rent a dwelling to a person who has made a bona fide offer for the dwelling;          (C)   to discriminate against a person in the terms, conditions, or privileges of the sale or rental of a dwelling or in the provision of services or facilities in connection with the sale or rental of a dwelling; or          (D)   to represent to a person that a dwelling is not available for inspection, sale, or rental when the dwelling is in fact so available.       (2)   It is unlawful for a person:          (A)   to make, print, or publish, or cause to be made, printed, or published, any notice, statement, or advertisement relating to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on sexual orientation or gender identity and expression or an intention to make any such preference, limitation, or discrimination; or          (B)   for profit, to induce or attempt to induce a person to sell or rent, or to not sell or rent, a dwelling by representations that a person or persons of a particular sexual orientation or with a particular gender identity or expression are present in or may enter into the neighborhood.    (b)   Discrimination in housing financing. It is unlawful for any bank, building and loan association, insurance company, or other person whose business, in whole or in part, consists of the making of real estate loans to, on the basis of sexual orientation or gender identity and expression:       (1)   deny any person a loan or other financial assistance for the purchase, construction, improvement, repair, or maintenance of a dwelling; or       (2)   discriminate against any person in the fixing of the amount, interest rate, duration, or other terms or conditions of a loan or other financial assistance for the purchase, construction, improvement, repair, or maintenance of a dwelling.    (c)   Discrimination in providing brokerage services. It is unlawful for any person, because of sexual orientation or gender identity and expression:       (1)   to deny another person access to, membership in, or participation in any multiple listing service, real estate brokers' organization, or other service, organization, or facility relating to the business of selling or renting dwellings; or       (2)   to discriminate against another person in the terms or conditions of access to, membership in, or participation in any multiple listing service, real estate brokers' organization, or other service, organization, or facility relating to the business of selling or renting dwellings.    (d)   Exceptions.       (1)   This section does not apply to the following:          (A)   The sale or rental of any single-family dwelling, if the owner:             (i)   does not own an interest in or title to more than three single-family dwellings at one time, regardless of whether the dwellings are located inside or outside of the city;             (ii)   has resided in the dwelling within the 24-month period preceding the sale or rental of the dwelling; and             (iii)   does not use the services or facilities of any real estate broker, agent, or salesman, or of any other person in the business of selling or renting dwellings, in connection with the sale or rental of the dwelling.          (B)   The rental of a dwelling that is occupied or intended to be occupied by no more than four families living independently of each other, when the owner actually maintains and occupies part of the dwelling as a residence.          (C)   The rental of a dwelling by a private organization only to its members, when the dwelling is owned, controlled, or managed by the organization for other than a commercial purpose and the rental of the dwelling is incidental to the organization's primary purpose.    (e)   Nothing in this section prohibits conduct against a person because of the person's conviction by a court of competent jurisdiction of the illegal manufacture or distribution of a controlled substance under state or federal law. (Ord. Nos. 24927; 29942) SEC. 46-8.   UNLAWFUL INTIMIDATION, RETALIATION, AND COERCION.    It is unlawful for any person to discriminate against, harass, threaten, harm, damage, or otherwise penalize another person for opposing an unlawful practice, for filing a complaint, or for testifying, assisting, or participating in any manner in an investigation, proceeding, or hearing under this chapter. (Ord. 24927) ARTICLE III. ENFORCEMENT.  SEC. 46-9.   PROCEDURES FOR FILING COMPLAINTS.    (a)   Any person who claims to have been injured by an unlawful practice may file a complaint with the administrator. A complaint may also be filed by the administrator if the administrator has reasonable cause to believe that a person has committed an unlawful practice. A complaint must be filed within 180 calendar  days after an alleged unlawful practice has occurred.    (b)   A complaint must be in writing on a form provided by the administrator, made under oath or affirmation, and contain the following information:       (1)   Name and address of the respondent.       (2)   Name, address, and signature of the complainant.       (3)   Date of occurrence of the alleged unlawful practice.       (4)   Statement of the facts upon which the allegation of an unlawful practice are based.    (c)   Promptly after the filing of a complaint, the administrator shall, in writing:       (1)   notify the respondent named in the complaint that a complaint alleging the commission of an unlawful practice has been filed against the respondent;       (2)   furnish a copy of the complaint to the respondent; and       (3)   advise the respondent of the procedural rights and obligations of the respondent, including the right to file a written, signed, and verified informal answer to the complaint within 15 days after service of notice of the complaint.    (d)   Not later than the 15th day after service of the notice and copy of the complaint, a respondent may file an answer to the complaint. The answer must be in writing, made under oath or affirmation, and contain the following information:       (1)   Name, address, telephone number, and signature of the respondent or the respondent’s attorney, if any.       (2)   Concise statement of facts in response to the allegations in the complaint, including facts of any defense or exception. (Ord. 24927) SEC. 46-10.   INVESTIGATION.    (a)   Upon the filing of a complaint, the administrator shall commence a prompt and full investigation to determine the facts behind the complaint and whether there is reasonable cause to believe an unlawful practice was committed, except that no investigation may commence if, after personally reviewing the allegations with the complainant, the administrator determines that the complaint does not come within the scope of this chapter. Within 15 days after determining that a particular complaint does not come within the scope of this chapter, the administrator shall give the complainant a clear and concise explanation of the reasons why it does not and take no further action on the complaint.    (b)   In connection with any investigation of a complaint filed under this chapter, the administrator shall seek the voluntary cooperation of any person to:       (1)   obtain access to premises, records, documents, individuals, and any other possible source of information;       (2)   examine, record, and copy necessary materials; and       (3)   take and record testimony or statements of any person reasonably necessary for the furtherance of the investigation.    (c)   The administrator may, at the administrator’s discretion or at the request of the respondent or the complainant, request the city council to issue a subpoena or subpoena duces tecum to compel the attendance of a witness or the production of relevant materials or documents pursuant to its power under Chapter III, Section 12 of the city charter. Violation of a subpoena issued under this subsection is punishable by the same fines and penalties for contempt as are authorized before the county court. (Ord. Nos. 24927; 29942) SEC. 46-11.   CONCILIATION.    (a)   During or after the investigation, but subsequent to the mailing of the notice of the complaint to the respondent, the administrator shall, if it appears that an unlawful practice has occurred, attempt to conciliate the complaint. In conciliating a complaint, the administrator shall try to achieve a just resolution and obtain assurances that the respondent will satisfactorily remedy any violation of the complainant’s rights and take action to ensure the elimination of both present and future unlawful practices in compliance with this chapter. Nothing said or done during the course of conciliation may be made public or be used as evidence in a subsequent proceeding under this chapter, without the written consent of all persons concerned.    (b)   A conciliation agreement executed under this section must be in writing in a form approved by the city attorney and must be signed and verified by the respondent and the complainant, subject to approval of the administrator who shall indicate approval by signing the agreement. A conciliation agreement is executed upon its signing and verification by all parties to the agreement.    (c)   A party to an executed conciliation agreement may not be prosecuted in municipal court for the unlawful practice identified in the agreement unless the administrator determines that the agreement has been violated and notifies the city attorney in writing of the violation. (Ord. 24927) SEC. 46-12.   DISPOSITION OF A COMPLAINT.    (a)   If, upon completion of an investigation of a complaint, the administrator determines that an unlawful practice has occurred and is unable to secure an acceptable conciliation agreement from the respondent, then the administrator shall refer the case to the city attorney for prosecution in municipal court. The administrator shall refer the entire file to the city attorney, who shall, after such referral, determine whether to proceed with prosecution of the complaint in municipal court.    (b)   If the city attorney determines that reasonable cause exists that an unlawful practice occurred and the facts are sufficient to warrant the initiation of a criminal action in municipal court, then the city attorney shall notify the administrator, who shall then provide written notification to the complainant and the respondent that the complaint will be prosecuted in municipal court. If the city attorney determines that there is no reasonable cause that an unlawful practice occurred or that the facts are insufficient to warrant the initiation of a criminal action in municipal court, the city attorney shall notify the administrator, who shall then dismiss the complaint.    (c)   The administrator may dismiss a complaint:       (1)   during the investigation and prior to referral to the city attorney when the administrator determines that:          (A)   the complaint was not filed within the required time period;          (B)   the location of the alleged unlawful practice is not within the city’s jurisdiction;          (C)   the alleged unlawful practice is not a violation of this chapter;          (D)   the complainant refuses to cooperate with the administrator in the investigation of the complaint or enforcement of an executed conciliation agreement;          (E)   the complainant cannot be located after the administrator has performed a reasonable search; or          (F)   a conciliation agreement has been executed by the complainant and respondent; or       (2)   after receipt of a statement from the city attorney that there is no reasonable cause that an unlawful practice occurred or that the facts are insufficient to warrant the initiation of a criminal action in municipal court.    (d)   The administrator shall, in writing, notify the complainant and the respondent of the dismissal of a complaint and include a statement of the reasons for the dismissal. (Ord. 24927) SEC. 46-13.   OFFENSES AND PENALTIES.    A person commits an offense if he intentionally or knowingly violates a provision of this chapter or if he intentionally or knowingly obstructs or prevents compliance with this chapter. An offense committed under this chapter is punishable by a fine of not less than $200 or more than $500. (Ord. 24927) CHAPTER 47 TRAILERS, TRAILER PARKS AND TOURIST CAMPS Sec. 47-1.   Definitions. Sec. 47-2.   Purpose of chapter. Sec. 47-3.   Scope of chapter. Sec. 47-4.   Building permit - Required. Sec. 47-5.   Same - Application. Sec. 47-6.   Same - Building inspector to approve plans. Sec. 47-7.   Reserved. Sec. 47-8.   Reserved. Sec. 47-9.   Reserved. Sec. 47-10.   Reserved. Sec. 47-11.   Location of court, camp or park. Sec. 47-12.   Requirements for each unit plot generally. Sec. 47-13.   Toilet buildings generally. Sec. 47-14.   Unit plots occupied by independent trailers. Sec. 47-15.   Sanitary facilities for dependent trailers. Sec. 47-16.   Water supply. Sec. 47-17.   Waste disposal. Sec. 47-18.   Certificate of occupancy. Sec. 47-19.   Parking house trailer in city. Sec. 47-20.   Records to be kept - Inspection. Sec. 47-21.   Same - Registration of guests. Sec. 47-22.   Fire regulations. Sec. 47-23.   One family to use one unit plot. Sec. 47-24.   Utilities. SEC. 47-1.   DEFINITIONS.    In this chapter:    (1)   COTTAGE UNIT means any fixed building or structure or part thereof located in a tourist court, licensed tourist camp or house trailer park as defined in this section and used as sleeping quarters or temporary dwelling by one or more persons living together as one family.    (2)   DEPENDENT HOUSE TRAILER means a trailer which does not have sewer and water connections to accommodate a flush water closet, a tub or shower and a lavatory or sink within the unit.    (3)   DIRECTOR means the director of the department designated by the city manager to enforce and administer this chapter, or the director’s authorized representative.    (4)   HOUSE TRAILER means a vehicle used or intended to be used as a conveyance upon the public streets or highways, and duly licensed as such, and shall include self-propelled and non-self-propelled vehicles so designed, constructed, reconstructed or added to by means of accessories in such manner as will permit the occupancy thereof as a temporary dwelling or sleeping place for one or more persons, and having no foundation other than wheels, jacks or skirtings so arranged as to be integral to or portable by the house trailer.    (5)   HOUSE TRAILER PARK means a lot, tract or parcel of land used in whole or in part and divided into unit plots for the parking of house trailers or mobile homes which are used by persons for temporary or permanent dwelling places. Where cottages and facilities for house trailers or mobile homes are provided at one site, the whole shall also be known as a house trailer park.    (6)   INDEPENDENT HOUSE TRAILER means a trailer which has approved sewer and water connections to accommodate and containing a flush water closet and a tub or shower and a lavatory or sink within the unit.    (7)   MASTER METER means a meter used to measure for billing purposes electric, gas and water consumption of a tourist court, tourist camp, or house trailer park, including common areas, common facilities and unit plots.    (8)   MOBILE HOME means a structure transportable in one or more sections, which is eight body feet or more in width and is 32 body feet or more in length, and which is built on a permanent chassis and designated to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein.    (9)   OWNER OR MANAGER means any person or society who has the control, direction, maintenance or supervision of a tourist court, tourist camp or house trailer park. Executors, administrators, guardians, conservators or trustees shall also be regarded as owner.    (10)   SUBMETERING means unit plot metering performed by the owner or manager of the tourist court, tourist camp or house trailer park.    (11)   TOURIST CAMP means a lot, tract, or parcel of land used in whole or in part for the accommodation of transients by day or week, or for a longer period of time with or without compensation and where parking facilities are provided for automobiles and accommodations are provided where transients may pitch their own tents, to be used for temporary dwellings. Where such facilities are provided in connection with house trailers or cottage units at one site, the whole shall be known as a tourist camp.    (12)   TOURIST COURT means a lot, tract or parcel of land upon which one or more cottages are located and maintained for the accommodation of transients by the day or week, or for a longer period of time, with or without compensation.    (13)   UNIT PLOT means an area of land for a cottage and parking space in a tourist court, a tent and parking space in a tourist camp, or a house trailer and parking space in a house trailer park.    (14)   UTILITY COMPANY means the company or municipal service authorized to provide electric, gas or water service. (Ord. Nos. 5424; 15147; 16130; 19312) SEC. 47-2.   PURPOSE OF CHAPTER.    The purpose and intent of this chapter is to:    (a)   Provide certain minimum standards, provisions and requirements for safe, sanitary, and suitable methods of construction and operation of house trailer parks, tourist courts, and tourist camps.    (b)   Assure that house trailer parks, tourist courts and tourist camps shall not become a menace to public health, morals, safety or welfare. (Ord. 4720) SEC. 47-3.   SCOPE OF CHAPTER.    New buildings and structures and new additions to existing buildings and structures hereafter constructed or erected in the city for or in conjunction with tourist courts, tourist camps and house trailer parks shall conform to the requirements of the Building Code and zoning regulations, and in addition, shall conform to the requirements of this chapter.    All tourist courts, tourist camps and house trailer parks now existing or hereafter constructed or laid out within the city shall conform to or be made to conform to the requirements of this chapter. (Ord. 4720) SEC. 47-4.   BUILDING PERMIT - REQUIRED.    No person shall erect or construct or proceed with the erection or construction of any building or structure, nor add to, enlarge, move, improve, alter, repair, convert, extend or demolish any building or structure or any part thereof or install any plumbing, electrical or mechanical equipment as part of a building or structure, or make any other improvement in any building or structure or cause the same to be done within a tourist court, tourist camp or house trailer park as defined in Section 47-1 without first obtaining a building permit therefor from the building inspector. (Ord. 4720) SEC. 47-5.   SAME - APPLICATION.    Application for a building permit shall be filed with the building inspector in writing on a form to be furnished for that purpose. (Ord. 5424) SEC. 47-6.   SAME - BUILDING INSPECTOR TO APPROVE PLANS.    Every application for a building permit shall be accompanied by two copies of plans and specifications and a camp plan or site plot plan showing the unit plots the tourist court, tourist camp or house trailer park will consist of, together with the unit plots which will be set aside for exclusive use of independent house trailers, the location of the proposed buildings to be erected and all existing buildings, if any, on the property or premises. The camp plan or site plot plan shall also clearly indicate all streets, roads, drives, property lines, administrative buildings, toilet buildings, plumbing connections for independent house trailers, accessory buildings and fences, together with the necessary space for parking passenger vehicles. Before proceeding with the actual work of constructing the tourist court, tourist camp or house trailer park, the applicant shall have such plans approved by the building inspector.    Such plans shall be drawn to scale upon either substantial, clean, colorless paper, or shall be good blueprints. All the essential parts shall be drawn to a scale of not less than one-eighth inch to one foot. Plans and specifications shall be of sufficient clarity to indicate the nature and character of the work proposed. (Ord. 5424) SECS. 47-7 THRU 47-10.   RESERVED.    (Repealed by Ord. 15147) SEC. 47-11.   LOCATION OF COURT, CAMP OR PARK.    All land used as a tourist court, tourist camp or house trailer park shall be located on a well-drained site of amply size and in an area zoned for such use. (Ord. 4720) SEC. 47-12.   REQUIREMENTS FOR EACH UNIT PLOT GENERALLY.    A unit plot in a tourist court shall not contain more than one cottage unit, but each cottage unit may have attached to it a roof or enclosure to provide cover for one automotive vehicle. Each cottage unit shall have not less than one bedroom space and each bedroom space shall be not less than nine feet by 12 feet in size. Each cottage unit shall have hot and cold running water together with one lavatory or one sink within the unit and shall have accessible thereto in the same building one water closet and one tub or shower bath. Ceilings in cottages shall be not less than eight feet high and each cottage room shall be provided with light and ventilation by means of windows with an area of not less than one-eighth of the floor area. Window and door openings shall be fully screened with screen wire which shall be not less than 16 mesh per inch. Inside walls and ceilings shall be covered with incombustible material, and, together with floors and fixtures, shall be constructed in a manner that will minimize the breeding and harboring of vermin.    Heating and cooking facilities shall be provided with asbestos board or metal backing or shields where required by the Fire Code. Each cottage unit shall adjoin a road or driveway and shall not be closer to any other cottage unit or building than 10 feet, unless satisfactory and acceptable fire separations are constructed between units as required by the Building Code.    Hotels, lodginghouses or administrative buildings when a part of a tourist court, tourist camp, or house trailer park shall conform to the requirements of the Building Code relating to the respective occupancy.    Each unit plot for the accommodation of one house trailer and automotive vehicle or for the accommodation of one tent and automotive vehicle shall be not less than 900 square feet in size, which space shall be at least 25 feet wide and shall adjoin a road or driveway. Each such unit plot shall be clearly defined on the ground by proper permanent markers at each corner. The use of tents or trailers provided by the management at a tourist camp or house trailer park to create what is commonly called a tent city or trailer city is hereby declared to be unlawful as it is the intent of this chapter to provide sanitary and safe accommodations for persons who are considered transients to use tents or trailers owned by themselves as temporary dwellings.    Toilet buildings shall be provided at all tourist camps and house trailer parks hereafter constructed or enlarged. All existing tourist courts, tourist camps and house trailer parks in newly annexed areas not having upon annexation the toilet facilities required by this chapter shall provide same within 24 months after annexation.    No cottage or tent shall be erected or placed closer than five feet from any adjacent property line. House trailers shall be so harbored on each unit plot that there shall be at least a 15 foot clearance between house trailers. No house trailer shall be located closer than 10 feet from any property line bounding the park.    No building, structure, cottage, tent or house trailer shall be located nearer a public street than the building line as provided in the zoning ordinance for the use district in which the premises are located. In no case shall such structures be set closer than 15 feet to the front property line be closer than 10 feet from any side street property line.    The premises shall be surrounded by a suitable fence which is constructed in accordance with the Building Code and having openings only for necessary entrance and exit facilities.    Well-drained driveways which are passable with motor vehicles during inclement weather shall be provided in each court or park. These driveways shall not be less than 18 feet in width, and well marked in daytime, and lighted at night, and so located that each unit of the court or park is easily accessible. Lateral or branch driveways less than 50 feet in length may be not less than 10 feet in width.    All entrances and exits from the premises shall be well marked and shall be located and so arranged that they are easily controlled and easily supervised. (Ord. 5424) SEC. 47-13.   TOILET BUILDINGS GENERALLY.    Each tourist camp or house trailer park shall be provided with a toilet building for each sex, each of which toilet buildings shall be located not more than 200 feet from any unit plot. The toilet buildings shall be roofed and shall be provided with light and ventilation by means of windows with an area of not less than one-eighth of the floor area of the room which they serve. The openings shall be screened with mesh not less than 16 per inch. The toilet buildings shall be provided with artificial lights having an intensity of not less than 10 foot candles which lights shall be kept burning all time at night. The toilet buildings shall have floors and side walls to a height of six inches of concrete or other impervious material. Each of such buildings shall have the following facilities as a minimum:    (a)   One slop sink.    (b)   One floor drain.    (c)   Hot and cold running water.    (d)   One laundry tray for each 15 unit plots shall be provided in a separate compartment from the water closets and lavatories. Automatic washing machines may be substituted for each laundry tray required in excess of one.    In addition to the above-mentioned facilities, the toilet building for males shall contain the following minimum facilities based upon the number of unit plots set aside for use by either tents or house trailers:    (a)   One flush water closet for every 15 unit plots or fraction thereof.    (b)   One urinal for every 15 unit plots or fraction thereof.    (c)   One lavatory or wash basin for every 10 unit plots or fraction thereof.    (d)   One shower bath for every 10 unit plots or fraction thereof.    Each toilet building for females shall have the following facilities based on the unit plots set aside for use by either tents or house trailers:    (a)   One flush water closet for every 10 unit plots or fraction thereof.    (b)   One lavatory or wash basin for every 10 unit plots or fraction thereof.    (c)   One shower bath for every 10 unit plots or fraction thereof.    All plumbing installation shall comply with the Plumbing Code, this Code and other health ordinances of the city. (Ord. 5424) SEC. 47-14.   UNIT PLOTS OCCUPIED BY INDEPENDENT TRAILERS.    Unit plots occupied by independent trailers that have a minimum of one flush water closet, one tub or shower, and one sink or lavatory integral within the unit and connected to the public sewer through an approved sewer connection or otherwise to an adequate septic tank constructed in accordance with the requirements of the department of code compliance and provided with an ample and adequate supply of water of safe, potable quality approved by the health officer, and when such unit plot is set aside as provided in Section 47-5 for exclusive use of such trailer, the unit plot may be disregarded in the counting of the unit plots for determining required sanitary facilities for the purposes of this section. (Ord. Nos. 5424; 22026; 27697) SEC. 47-15.   SANITARY FACILITIES FOR DEPENDENT TRAILERS.    It is hereby declared to be unlawful to locate a dependent trailer upon a unit plot unless the sanitary facilities as required in Section 47-13 are sufficient to accommodate such dependent trailer. (Ord. 5424) SEC. 47-16.   WATER SUPPLY.    Each site used as a tourist court, tourist camp or house trailer park shall be supplied with water from city water lines if such line is within 150 feet of the site. Otherwise, each site shall be provided with an ample and adequate supply of water of safe, potable quality approved by the health officer. Water supply faucets shall be located not more than 100 feet from any camping space. Each cottage unit shall be supplied with running water. (Ord. 4720) SEC. 47-17.   WASTE DISPOSAL.    (a)   All waste water from tourist courts, tourist camps, and house trailer parks must be wasted into a public sewer through an approved sewer connection where within 150 feet of a public sewer, or otherwise to an adequate septic tank constructed in accordance with the requirements of the department of code compliance.    (b)   All garbage must be placed into garbage cans with tops, and waste paper must be placed in suitable containers.    (c)   A person commits an offense if he permits garbage, waste water, or material from sinks, showers, or other fixtures or utensils in house trailers or tents to be disposed of on any street or premises or in any other manner except as provided in this section. (Ord. Nos. 4720; 22026; 27697) SEC. 47-18.   CERTIFICATE OF OCCUPANCY.    No building, cottage or house trailer or tent site or other permanent structure within the meaning and scope of this chapter shall be occupied in any part thereof unless or until a certificate of occupancy for the respective tourist court, tourist camp or house trailer park has been issued by the building inspector. An application for the certificate of occupancy shall be filed by the owner or by his agent with the building inspector who shall cause an inspection to be made to determine whether the premises comply with the requirements of this chapter. Upon the incorporation of any area to the city, any person maintaining or operating a tourist court, tourist camp or house trailer park in such area shall immediately make application as provided in this section for a certificate of occupancy to continue the operation of such tourist court, tourist camp or house trailer park. (Ord. 4720) SEC. 47-19.   PARKING HOUSE TRAILER IN CITY.    It shall be unlawful to park or place any house trailer being used for human occupancy on any street, lot, tract or parcel of land in the city fora period longer than four hours except in a licensed tourist camp or house trailer park, as provided for in this chapter. (Ord. 4720) SEC. 47-20.   RECORDS TO BE KEPT - INSPECTION.    Each tourist court, tourist camp, or house trailer park must have on the site an office in which copies of all records pertaining to the management and supervision of the premises must be kept. Such records must always be available for inspection by any member of the state and county law enforcement agencies, the police department, the department of code compliance, the building official, the fire marshal, and other agents of the city authorized to inspect. (Ord. Nos. 4720; 22026; 27697) SEC. 47-21.   SAME - REGISTRATION OF GUESTS.    It shall be the duty of the owner of each tourist court, tourist camp or house trailer park to keep a register of all persons furnished accommodations. Such register shall include the names of all persons furnished accommodations, the permanent home addresses, the license number and make of their automobiles and trailers, and the duration of their stay. (Ord. 4720) SEC. 47-22.   FIRE REGULATIONS.    Campfires shall not be permitted. The use and handling of gasoline or flammable liquids shall conform to the requirements of the Fire Code. An adequate fire extinguisher shall be provided for each 10 unit plots or fraction thereof. (Ord. 4720) SEC. 47-23.   ONE FAMILY TO USE ONE UNIT PLOT.    It shall be unlawful to use any unit plot for more than one family concurrently. (Ord. 4720) SEC. 47-24.   UTILITIES.    (a)   If a tourist court, tourist camp, or house trailer park provides utility service through a master meter, the master meter must be in the name of the person to whom a certificate of occupancy is issued under this chapter.    (b)   A tourist court or tourist camp may provide utility submeters to unit plots. A house trailer park may provide submeters or individual metering by the utility companies to unit plots.    (c)   Where the owner or manager of a tourist court, tourist camp, or house trailer park provides submeters to the unit plots, the submeter or submeters shall comply with the standards of accuracy required by law for the master meter.    (d)   The owner or manager of a house trailer park that receives utility service through a master meter shall bill tenants for the utility service in accordance with one of the following methods:       (1)   rent the unit plots on a ‘bills paid’ basis and collect for utilities through the rent;       (2)   charge separately for utility services and allocate the charges in a fair and reasonable manner among all unit plots in the park occupied during the billing period; or       (3)   if submeters are used, charge to each occupied unit plot based on its submeter reading an amount that does not exceed the residential rate for that utility service then in effect in the city.    (e)   A house trailer park is not required to bill all utility services under the same method but may bill each utility under a different method.    (f)   If a house trailer park charges separately for utility services and allocates the charges as provided in Subsection (d)(2), then the owner or manager of the house trailer park must comply with the following requirements:       (1)   The house trailer park must allocate either by use of submeters or based on the size of the house trailer or mobile home and the utility consuming devices it contains.       (2)   The house trailer park must apply the allocation to all unit plots occupied by tenants during the billing period.       (3)   The house trailer park may include in its allocation utilities consumed in the common areas of the park related to the park operation, including, but not limited to swimming pools, wash rooms, and outdoor lighting.       (4)   The owner or manager of a house trailer park shall not charge to its tenants an aggregate amount for a utility service that exceeds the amount that the park is billed for that utility service.       (5)   The owner or manager of a house trailer park that inadvertently bills an overcollection shall adjust the collections to compensate the tenants for that overcollection within 90 days from the date the overcollection was billed.    (g)   If a house trailer park charges separately for utility services based on an amount not exceeding the current residential rate as provided in Subsection (d)(3), then the owner or manager of the house trailer park must provide the same services to its tenants that are required of retail utility companies, including, but not limited to meter testing and investigation of complaints.    (h)   The director shall enforce this section and may by written order, after a public hearing, establish such rules or regulations, not inconsistent with this section, as he determines are necessary to effect the policy of this section.    (i)   The owner or manager of a house trailer park shall keep accurate records that demonstrate compliance with this section and shall make the records available to the director upon request. (Ord. Nos. 7772; 15147; 16130; 17226; 19312) CHAPTER 47A TRANSPORTATION FOR HIRE ARTICLE I. GENERAL PROVISIONS. Sec. 47A-1.1.   Statement of policy. Sec. 47A-1.2.   General authority and duty of director. Sec. 47A-1.3.   Establishment of rules and regulations. Sec. 47A-1.4.   Exclusions. Sec. 47A-1.5.   Definitions. Sec. 47A-1.6.   Permit fees. ARTICLE II. REGULATIONS APPLICABLE TO ALL TRANSPORTATION-FOR-HIRE SERVICES. Division 1. Operating Authority Permit. Sec. 47A-2.1.1.   Operating authority permit required. Sec. 47A-2.1.2.   Application for operating authority permit. Sec. 47A-2.1.3.   Changes to information in operating authority application. Sec. 47A-2.1.4.   Expiration of operating authority permit. Sec. 47A-2.1.5.   Suspension or revocation of operating authority. Sec. 47A-2.1.6.   Zero-tolerance drug policy. Sec. 47A-2.1.7.   Publicly remotely accessible data site. Sec. 47A-2.1.8.   Transportation-for-hire service at Dallas Love Field Airport and Dallas-Fort Worth International Airport. Sec. 47A-2.1.9.   Nontransferability. Division 2. Driver Permit. Sec. 47A-2.2.1.   Driver permit required. Sec. 47A-2.2.2.   Qualifications for driver permit. Sec. 47A-2.2.3.   Application for driver permit. Sec. 47A-2.2.4.   Investigation of application for driver permit. Sec. 47A-2.2.5.   Approval or denial of driver permit. Sec. 47A-2.2.6.   Changes to information in driver permit application. Sec. 47A-2.2.7.   Duration of driver permit. Sec. 47A-2.2.8.   Duplicate driver permit. Sec. 47A-2.2.9.   Display of driver permit. Sec. 47A-2.2.10.   Suspension or revocation of driver permit. Sec. 47A-2.2.11.   Nontransferability. Sec. 47A-2.2.12.   Driver regulations. Division 3. Vehicle Permit. Sec. 47A-2.3.1.   Vehicle permit required. Sec. 47A-2.3.2.   Requirements for vehicle permit. Sec. 47A-2.3.3.   Vehicle quality standards. Sec. 47A-2.3.4.   Display of vehicle permit. Sec. 47A-2.3.5.   Expiration of vehicle permit. Division 4. Service Rules. Sec. 47A-2.4.1.   No solicitation. Sec. 47A-2.4.2.   Non-discrimination. Sec. 47A-2.4.3.   City-wide service. Sec. 47A-2.4.4.   Wheelchair accessibility. Sec. 47A-2.4.5.   Direct and expeditious route. Sec. 47A-2.4.6.   Payment by credit card. Sec. 47A-2.4.7.   Reserved. Sec. 47A-2.4.8.   Rates and fares. Sec. 47A-2.4.9.   Additional requirements for hailable vehicles. Sec. 47A-2.4.10.   Gouging prohibited. Sec. 47A-2.4.11.   Reserved. Sec. 47A-2.4.12.   Solicitation of passengers by business establishments. Sec. 47A-2.4.13.   Driver availability log. Division 5. Insurance. Sec. 47A-2.5.1.   Insurance policy requirements and prohibitions. Sec. 47A-2.5.2.   Minimum insurance limits. ARTICLE III. REGULATIONS SPECIFIC TO NON-MOTORIZED PASSENGER TRANSPORT VEHICLES. Sec. 47A-3.1.   Route. Sec. 47A-3.2.   Requirements for horses in service. Sec. 47A-3.3.   Required equipment. Sec. 47A-3.4.   Application for operating authority. ARTICLE IV. ENFORCEMENT. Sec. 47A-4.1.   Responsibility for enforcement. Sec. 47A-4.2.   Removal of evidence of authorization. Sec. 47A-4.3.   Towing and impounding. Sec. 47A-4.4.   Correction order. Sec. 47A-4.5.   Service of notice. Sec. 47A-4.6.   Appeal of correction order. Sec. 47A-4.7.   Criminal offenses. ARTICLE I. GENERAL PROVISIONS. SEC. 47A-1.1.   STATEMENT OF POLICY.    It is the policy of the city of Dallas to promote safety and quality in transportation-for-hire services in the city. The purpose of these regulations is to:       (1)   protect the public health and safety;       (2)   promote the public convenience and necessity;       (3)   ensure that transportation-for-hire is a viable component of the public transportation system;       (4)   ensure public safety and consumer protection by regulating transportation-for-hire operating authorities, drivers, and vehicles;       (5)   allow different modes of transportation- for-hire to compete directly with each other; and       (6)   allow consumers to select the type of transportation-for-hire they prefer to use. (Ord. 29596) SEC. 47A-1.2.   GENERAL AUTHORITY AND DUTY OF DIRECTOR.    The director shall implement and enforce this chapter and may by written order establish such rules or regulations, not inconsistent with this chapter or state or federal law, as he determines are necessary to discharge his duty under, or to effect the policy of this chapter. (Ord. 29596, eff. 4/30/15) SEC. 47A-1.3.   ESTABLISHMENT OF RULES AND REGULATIONS.    (a)   Before adopting, amending, or abolishing a rule, the director shall hold a public hearing on the proposal.    (b)   The director shall fix the time and place of the hearing and, in addition to notice required under the Open Meetings Act (Chapter 551, Texas Government Code), as amended, shall notify each operating authority and such other persons as the director determines are interested in the subject matter of the hearing.    (c)   After the public hearing, the director shall notify the holders of permits issued under this section and other interested persons of the director’s action and shall post an order adopting, amending, or abolishing a rule on the official bulletin board in the city hall for a period of not fewer than 10 days. The order becomes effective immediately upon expiration of the posting period. (Ord. 29596) SEC. 47A-1.4.   EXCLUSIONS.    This chapter does not apply to:       (1)   a vehicle operating as a Dallas Area Rapid Transit ("DART") vehicle;       (2)   courtesy vehicles;       (3)   carpooling;       (4)   the transportation of a person by a transportation-for-hire vehicle licensed by another governmental entity from a point outside the city to a destination inside the city, if the transportation-for-hire vehicle leaves the city without receiving a passenger inside the city;       (5)   a motor vehicle used to transport persons for hire that is regulated by another chapter of this code, such as ambulances regulated under Chapter 15D, "Emergency Vehicles"; or       (6)   a bus or shuttle vehicle that is:          (A)   operated for a funeral home in the performance of funeral services;          (B)   provided by an employer or employee association for use in transporting employees between the employees' homes and the employer's place of business or between workstations, with the employees reimbursing the employer or employee association in an amount calculated only to offset the reasonable expenses of operating the vehicle;          (C)   owned and operated by the federal or state government, by a political subdivision of the state, or by a person under contract with the city for operation of the vehicle;          (D)   used to transport children to or from school if only a fee calculated to reasonably cover expenses is charged;          (E)   regulated by Texas Department of Transportation (TXDOT) or the Federal Motor Carrier Safety Administration (FMCSA);          (F)   owned by a nonprofit organization and carrying only passengers associated with that organization, if no compensation is received from any other person for carrying the passengers; or          (G)   operated under authority granted by the Surface Transportation Board. (Ord. Nos. 29596; 30180) SEC. 47A-1.5.   DEFINITIONS.    The definition of a term in this section applies to each grammatical variation of the term. In this chapter, unless the context requires a different definition:       (1)   BUS means a motor vehicle that has a manufacturer's rated seating capacity of more than 15 passengers.       (2)   CARPOOLING means any voluntary sharing of transportation without compensation.       (3)   COMPENSATION means any money, service, or other thing of value that is received, or is to be received, in return for transportation-for-hire services.       (4)   CONTINGENT PRIMARY LIABILITY COVERAGE means a liability insurance policy that will act as a primary liability policy in the event that no other applicable primary liability policy exists or a policy exists but denies coverage.       (5)   COURTESY VEHICLE means a vehicle that is not for hire, is not used to transport passengers for compensation, and is operated by or for a business that provides free transportation to customers as an accessory to the main business activity.       (6)   DEPARTMENT means the department designated by the city manager to enforce and administer this chapter.       (7)   DIRECTOR means the director of the department designated by the city manager to enforce and administer this chapter and includes representatives, agents, or department employees designated by the director.       (8)   DISPATCH means any communication system that conveys passenger ride requests to drivers.       (9)   DRIVE means to control the physical movements of a transportation- for-hire vehicle.       (10)   DRIVER means an individual who drives or otherwise controls the physical movements of a transportation-for-hire vehicle.       (11)   DRIVER PERMIT means the permit required by this chapter to drive a transportation-for-hire vehicle.       (12)   HAILABLE VEHICLE means a transportation-for-hire vehicle that can be immediately summoned by a passenger without the use of dispatch, and that meets the requirements in Section 47A-2.4.9.       (13)   HORSE means any member of the species Equus Caballus.       (14)   HORSE-DRAWN CARRIAGE means a non-motorized vehicle designed to carry passengers while being pulled by one or more horses.       (15)   METER means a device that measures the time and distance of a trip.       (16)   NON-MOTORIZED PASSENGER TRANSPORT VEHICLE means a horse-drawn carriage or a pedicab.       (17)   OPERATING AUTHORITY means a person who is granted operating authority under this chapter to provide transportation-for-hire services.       (18)   OPERATING AUTHORITY PERMIT means the permit required by this chapter to provide transportation-for-hire services.       (19)   PEDICAB means a non-motorized vehicle with three or more wheels propelled by human power or human-assisted power with seating for one or more passengers.       (20)   PERSON means an individual; corporation; government or governmental subdivision; or agency, trust, partnership, or two or more persons having a joint or common economic interest.       (21)   PUBLICLY REMOTELY ACCESSIBLE DATA SITE means a website, digital platform, or mobile application ("app") that provides content in a manner that is accessible to the public through a network.       (22)   SHUTTLE VEHICLE means a van-type motor vehicle that has a manufacturer's rated seating capacity of not less than seven passengers and not more than 15 passengers.       (23)    TRANSPORTATION-FOR-HIRE SERVICE means the business of offering or providing transportation of persons for compensation. The term does not include a transportation network company as defined in Section 2402.001(5) of the Texas Occupations Code, as amended.       (24)    TRANSPORTATION-FOR-HIRE VEHICLE means any vehicle used to offer or provide transportation-for-hire services.       (25)   VEHICLE PERMIT means the permit required by this chapter for a vehicle to operate as a transportation-for-hire vehicle.       (26)   WHEELCHAIR ACCESSIBLE VEHICLE means a vehicle designed or modified to transport passengers in wheelchairs or other mobility devices and conforming to the requirements of the Americans with Disabilities Act (ADA), as amended. (Ord. Nos. 29596; 31689; 32180) SEC. 47A-1.6.   PERMIT FEES.    (a)   The non-refundable fee for an operating authority permit is $278 per year for transportation-for-hire service provided by non- motorized passenger transport vehicles; and the non-refundable fee for an operating authority permit per year for transportation-for-hire service provided by all other transport vehicles are indicated in the fee schedule below.   Number of vehicles in a transportation-for-hire service fleet Annual Fee 1 to 5 vehicles $475.00 6 to 10 vehicles $675.00 11 or more vehicles $875.00      (b)   The non-refundable fee for a transportation-for-hire vehicle permit is $77 per vehicle permit per year for non-motorized passenger transport vehicles, and $30 per vehicle permit per year or any portion thereof, for all other transportation-for-hire vehicles.    (c)   The non-refundable fee for a driver permit is $76 per year.    (d)   The fee to reinstate a suspended operating authority or driver permit is $100. (Ord. 29596; 29706; 30180; 31689; 32180) ARTICLE II. REGULATIONS APPLICABLE TO ALL TRANSPORTATION-FOR-HIRE SERVICES. DIVISION 1. OPERATING AUTHORITY PERMIT. SEC. 47A-2.1.1.   OPERATING AUTHORITY PERMIT REQUIRED.    (a)   A person may not operate a transportation-for-hire service inside the city without operating authority granted under this chapter.    (b)   A person may not transport a passenger for hire inside the city unless the person driving the transportation-for-hire vehicle or another who employs or contracts with the driver has been granted operating authority under this chapter. (Ord. 29596) SEC. 47A-2.1.2.   APPLICATION FOR OPERATING AUTHORITY PERMIT.    (a)   To obtain an operating authority permit, a person shall make application in the manner prescribed by the director. The applicant must be the person who will own, control, or operate the proposed transportation-for-hire company.    (b)   An applicant shall file with the director a verified application statement, accompanied by a non-refundable application fee of $125, containing the following:       (1)   the form of business of the applicant and, if the business is a corporation or association, a copy of the documents establishing the business and the name and address of each person with a 20 percent or greater ownership interest in the business;       (2)   the verified signature of the applicant;       (3)   the address of the fixed facilities to be used in the operation, if any, and the address of the applicant's corporate headquarters, if different from the address of the fixed facilities;       (4)   the name of the person designated by the applicant to receive on behalf of the operating authority any future notices sent by the City to the operating authority, and that person's contact information, including a mailing address, telephone number, and email or other electronic address;       (5)   a method for the director to immediately verify whether a driver or vehicle are currently operating under that operating authority or were operating under that operating authority within the past 90 days;       (6)   documentary evidence from an insurance company listed as an authorized auto liability lines carrier on the Texas Department of Insurance's List of Authorized Insurance Companies or a surplus lines insurer listed on the Texas Department of Insurance's list of Eligible Surplus Lines Insurance Companies, indicating that such insurance company has bound itself to provide the applicant with the liability insurance required by this chapter;       (7)   documentary evidence of payment of ad valorem taxes on the local property, if any, to be used in connection with the operation of the proposed transportation-for-hire company; and       (8)   a copy of the company's zero-tolerance policy for intoxicating substances. (Ord. Nos. 29596; 29706; 30180; 31689; 32180) SEC. 47A-2.1.3.   CHANGES TO INFORMATION IN OPERATING AUTHORITY APPLICATION.    Any changes to the information provided in the operating authority permit application must be reported to the director, in the manner prescribed by the director, within 10 days of the change. (Ord. 29596) SEC. 47A-2.1.4.   EXPIRATION OF OPERATING AUTHORITY PERMIT. An operating authority permit expires one year from the date it is issued. (Ord. 29596) SEC. 47A-2.1.5.   SUSPENSION OR REVOCATION OF OPERATING AUTHORITY.    (a)   Suspension. The following regulations apply to the suspension of a temporary or annual operating authority permit:       (1)   The director may suspend an operating authority permit if the director determines that the operating authority permit holder failed to comply with a correction order issued to the holder by the director within the time specified in the order.       (2)   Suspension of an operating authority permit does not affect the expiration date of the permit.    (b)   Revocation. The following regulations apply to the revocation of a temporary or annual operating authority permit:       (1)   The director shall revoke operating authority if the director determines that the operating authority permit holder has:          (A)    made a false statement as to a material matter in the application concerning the operating authority; or          (B)    failed to maintain the insurance required by this chapter.       (2)    After revocation of an operating authority permit, an operating authority permit holder is not eligible for another permit for a period of up to two years, depending on the severity of the violation resulting in the revocation. (Ord. 29596) SEC. 47A-2.1.6.   ZERO-TOLERANCE DRUG POLICY.    (a)   An operating authority shall employ, maintain, and enforce as to its drivers a zero-tolerance policy prohibiting the use of intoxicating substances.    (b)   An operating authority shall include on its publicly remotely accessible data site notice of the operating authority’s zero-tolerance policy for intoxicating substances and information on how passengers may report a possible violation of the policy to the operating authority and to the City. (Ord. 29596) SEC. 47A-2.1.7.   PUBLICLY REMOTELY ACCESSIBLE DATA SITE.    Each operating authority shall maintain a publicly remotely accessible data site that contains, at a minimum:       (1)   the operating authority’s rate information;       (2)   the operating authority’s zero-tolerance policy for intoxicating substances;       (3)   the operating authority’s contact information;       (4)   a statement that wheelchair accessible vehicles are available upon request; and       (5)   information on how to report complaints to the city. (Ord. 29596) SEC. 47A-2.1.8.   TRANSPORTATION-FOR-HIRE SERVICE AT DALLAS LOVE FIELD AIRPORT AND DALLAS- FORT WORTH INTERNATIONAL AIRPORT.    (a)   In general. In addition to complying with this chapter, an operating authority providing transportation-for-hire services at Dallas Love Field Airport or Dallas-Fort Worth International Airport shall comply with all of the rules and regulations of those airports.    (b)   Dallas Love Field Airport. An operating authority that tracks vehicle location for transportation services shall, upon request of the director, provide the director with the information necessary to independently verify trip fees, as that trip fee is set in Chapter five of this code, as amended, owed by that operating authority on a daily, weekly, and monthly basis. (Ord. Nos. 29596; 30180; 31689) SEC. 47A-2.1.9.   NONTRANSFERABILITY.    An operating authority permit is not transferable. This regulation should not be construed to impede the continuing use of trade names. (Ord. 29596) DIVISION 2. DRIVER PERMIT. SEC. 47A-2.2.1.   DRIVER PERMIT REQUIRED.    (a)   A person may not drive a transportation-for-hire vehicle for the purpose of providing transportation-for-hire services without a valid driver permit, associated with an operating authority, issued under this article.    (b)   An operating authority may not knowingly request or allow a person who does not hold a valid driver permit issued under this article to drive a transportation-for-hire vehicle for the purpose of providing transportation- for-hire services for that operating authority. (Ord. Nos. 29596; 30180; 31689) SEC. 47A-2.2.2.   QUALIFICATIONS FOR DRIVER PERMIT.    (a)   To qualify for a driver permit, an applicant must:       (1)   hold a driver’s license that meets the requirements of Chapter 521, Texas Transportation Code;       (2)   not be afflicted with a physical or mental disease or disability that is likely to prevent the applicant from exercising ordinary and reasonable control over a motor vehicle or that is likely to otherwise endanger the public health or safety;       (3)   not have been convicted of more than three moving traffic violations arising out of separate incidents, or involved in more than one automobile accident in which it could be reasonably determined that the applicant was more than fifty percent at fault, within any 12-month period during the preceding 24 months;       (4)   not have been convicted of a crime:          (A)   involving:             (i)   criminal homicide as described in Chapter 19 of the Texas Penal Code;             (ii)   kidnapping as described in Chapter 20 of the Texas Penal Code;             (iii)   a sexual offense as described in Chapter 21 of the Texas Penal Code;             (iv)   an assaultive offense as described in Chapter 22 of the Texas Penal Code;             (v)   robbery as described in Chapter 29 of the Texas Penal Code;             (vi)   any offense under the Texas Penal Code committed against a person with whom the applicant came in contact while engaged in transportation- for-hire service;             (vii)   the transfer, carrying, or possession of a weapon in violation of Chapter 46 of the Texas Penal Code, but only if the violation is punishable as a felony;             (viii)   a violation of the Dangerous Drugs Act (Chapter 483 of the Texas Health and Safety Code) that is punishable as a felony;             (ix)   a violation of the Controlled Substances Act (Chapter 481 of the Texas Health and Safety Code) that is punishable as a felony; or             (x)   criminal attempt to commit any of the offenses listed in Subdivision (7)(A)(i) through (viii) of this subsection;          (B)   for which:             (i)   less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the applicant was convicted of a misdemeanor offense;             (ii)   less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the applicant was convicted of a felony offense; or             (iii)   less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if, within any 24-month period, the applicant has two or more convictions of any misdemeanor offense or combination of misdemeanor offenses;       (5)   not have been convicted of, or discharged by probation or deferred adjudication for, driving while intoxicated:          (A)   within the preceding 12 months; or          (B)   more than one time within the preceding five years; and       (6)   not be subject to an outstanding warrant of arrest in the State of Texas.    (b)   If an applicant is denied a driver permit on the basis that they have been convicted of an offense listed in Subsection (a)(4) or (5), for which the required time period has not elapsed since the date of conviction or the date of release from confinement imposed for the conviction, the Applicant may appeal the denial to the Permit and License Appeal Board in the manner set out in Dallas City Code 2-96. The Permit and License Appeal Board may determine that the driver is presently fit to engage in the occupation of a transportation-for-hire driver by considering the following:       (1)   the extent and nature of the applicant’s past criminal activity;       (2)   the age of the applicant at the time of the commission of the crime;       (3)   the amount of time that has elapsed since the applicant’s last criminal activity;       (4)   the conduct and work activity of the applicant prior to and following the criminal activity;       (5)   evidence of the applicant’s rehabilitation or rehabilitative effort while incarcerated or following release; and       (6)   other evidence of the applicant’s present fitness, including letters of recommendation from prosecution, law enforcement, and correctional officers who prosecuted, arrested, or had custodial responsibility for the applicant; the sheriff and chief of police in the community where the applicant resides; and any other persons in contact with the applicant. (Ord. 29596) SEC. 47A-2.2.3.   APPLICATION FOR DRIVER PERMIT.    To obtain a driver permit or renewal of a driver permit, the applicant must complete a written application on a form provided for the purpose. The application must include the applicant’s contact information, including the applicant’s mailing address and telephone number, and a method for privately contacting the applicant electronically (such as an email address). (Ord. 29596) SEC. 47A-2.2.4.   INVESTIGATION OF APPLICATION FOR DRIVER PERMIT.    (a)   An applicant seeking an initial driver permit or renewal of an existing driver permit must provide to the director:       (1)   a current official criminal history report, issued by the Texas Department of Public Safety within the preceding 12 months, on each applicant to determine the applicant's qualification under Section 47A-2.2.2; and       (2)   a current copy of the applicant's motor vehicle driving record and a list of any outstanding warrants for arrest of the applicant; and       (3)   any other information the director considers necessary to determine whether an applicant qualifies for a driver's permit.    (b)   The director shall provide the applicant, upon written request, a copy of all materials contained in the applicant's file to the extent allowed under Chapter 552 of the Texas Government Code. (Ord. Nos. 29596; 29706; 31689) SEC. 47A-2.2.5.   APPROVAL OR DENIAL OF DRIVER PERMIT.    (a)   Applicants who are not seeking renewal of an existing driver permit must complete a training class approved by the director on city regulations, familiarity with the city, and customer service before the applicant may receive a driver permit.    (b)    The director shall issue a driver permit to the applicant if:       (1)   the director determines that the applicant is qualified to receive a permit under Section 47A-2.2.2; and       (2)   the applicant has completed the training class required by Subsection (a) of this section.    (c)   The director shall deny the application for a driver permit if the applicant:       (1)   is not qualified under Section 47A-2.2.2, or       (2)   makes a false statement of a material fact in his application for a driver permit.    (d)   If the director determines that a driver permit should be denied, the director shall notify the applicant in writing that his application is denied and include in the notice the reason for denial and a statement informing the applicant of his right of appeal. (Ord. 29596) SEC. 47A-2.2.6.   CHANGES TO INFORMATION IN DRIVER PERMIT APPLICATION.    Any changes in the driver’s contact information must be reported to the director prior to or contemporaneously with those changes. (Ord. 29596) SEC. 47A-2.2.7.   DURATION OF DRIVER PERMIT.    (a)   A driver permit expires one year from the date it is issued.    (b)   If a driver’s state driver’s license is suspended or revoked by the state, his transportation- for-hire driver permit automatically becomes void. A driver shall immediately notify the director and each operating authority for which he drives of a suspension or revocation of his driver’s license by the state and shall immediately surrender his driver permit to the director. (Ord. 29596; 31689) SEC. 47A-2.2.8.   DUPLICATE DRIVER PERMIT.    If a driver permit is lost or destroyed, the director shall, for a $50 fee, issue the driver a duplicate driver permit. (Ord. Nos. 29596; 29706; 31689) SEC. 47A-2.2.9.   DISPLAY OF DRIVER PERMIT.    (a)   A driver shall have the driver permit in his possession at all times that the driver is providing transportation-for-hire services.    (b)   A driver shall allow the director or a peace officer to examine the driver permit upon request.    (c)   A driver shall at all times, while actively seeking or providing transportation-for-hire services, display driver permit information in a manner that is visible and legible to passengers, including the driver's first name, picture, permit number, and information on how to contact the city to make a complaint. (Ord. 29596; 31689) SEC. 47A-2.2.10.   SUSPENSION OR REVOCATION OF DRIVER PERMIT.    (a)   Suspension.       (1)   If the director determines that a driver has failed to comply with this chapter or a rule or regulation established under this chapter, the director may suspend the driver permit for a definite period of time not to exceed 60 days.       (2)   If at any time the director determines that a driver is not qualified under Section 47A-2.2.2, or is under indictment or has charges pending for any offense involving driving while intoxicated or a felony offense involving a crime described in Section 47A-2.2.2 or criminal attempt to commit any of those offenses, the director shall suspend the driver permit until such time as the director determines that the driver is qualified or that the charges against the driver have been finally adjudicated.       (3)   A driver whose driver permit is suspended shall not drive a transportation-for-hire vehicle inside the city during the period of suspension.       (4)   The director shall notify in writing the driver and all operating authorities of a suspension under this section and include in the notice the reason for the suspension, the date the director orders the suspension to begin, the duration of suspension, and a statement informing the driver of a right of appeal. The period of suspension begins on the date specified by the director or, in the case of an appeal, on the date ordered by the permit and license appeal board.       (5)    A driver whose driver permit has been suspended may not resume providing transportation- for-hire driver services after the suspension period has ended until the driver repeats the training class required by Section 47A-2.2.5(a) of this chapter. A driver may attend the training class at any available time during or after the suspension period.    (b)   Revocation.       (1)   The director shall revoke a driver permit if the director determines that the driver:          (A)   drove a transportation-for-hire vehicle for hire inside the city during a period in which the driver’s permit was suspended;          (B)   made a false statement of a material fact in the application for a driver permit;          (C)   engaged in conduct that constitutes a ground for suspension under Subsection (a), and received either a suspension in excess of three days or a conviction for violation of this chapter, two times within the 12-month period preceding the occurrence of the conduct or three times within the 24- month period preceding the occurrence of the conduct;          (D)   engaged in conduct that could reasonably be determined to be detrimental to the public safety; or          (E)   was convicted of any felony offense involving a crime described in Section 47A-2.2.2 while holding a driver permit.       (2)   A person whose driver permit is revoked shall not:          (A)   apply for another driver permit before the expiration of two years from the date the director revokes the permit or, in the case of an appeal, the date the permit and license appeal board affirms the revocation; or          (B)   drive a transportation-for-hire vehicle inside the city.       (3)   The director shall notify the driver in writing of a revocation and include in the notice the reason for the revocation, the date the director orders the revocation, and a statement informing the driver of the right of appeal.       (4)   After receipt of notice of revocation, the driver shall, on the date specified in the notice, surrender the driver permit to the director and discontinue driving a transportation-for-hire vehicle inside the city.       (5)   If the driver appeals the revocation under this section, the driver may continue to drive a transportation-for-hire vehicle pending the appeal unless:          (A)   the driver permit is revoked pursuant to Subsection (b)(1)(E) of this section; or          (B)   the director determines that continued operation of a transportation-for-hire vehicle by the driver would impose an immediate threat to public safety. (Ord. 29596) SEC. 47A-2.2.11.   NONTRANSFERABILITY. A driver permit issued to one person is not transferable to another. (Ord. 29596) SEC. 47A-2.2.12.   DRIVER REGULATIONS. While driving a transportation-for-hire vehicle, a driver shall comply with this chapter, rules and regulations established under this chapter, and all other laws applicable to the operation of a motor vehicle in this state. A driver providing transportation- for-hire services at Dallas Love Field Airport or Dallas- Fort Worth International Airport shall also comply with all of the rules and regulations of those airports. (Ord. 29596) DIVISION 3. VEHICLE PERMIT. SEC. 47A-2.3.1.   VEHICLE PERMIT REQUIRED.    No vehicle may be used to provide transportation-for-hire services without current insurance, association with a registered operating authority, and a valid permit for that vehicle issued under this article. (Ord. Nos. 29596; 31689) SEC. 47A-2.3.2.   REQUIREMENTS FOR VEHICLE PERMIT.    (a)   To obtain a vehicle permit, a permit applicant must provide the director with the following information, including the:       (1)   vehicle's current state issued vehicle registration expiration year and month;       (2)   permit applicant's name, mailing address, email address, and telephone contact information;       (3)   vehicle identification number of the vehicle to be permitted;       (4)   year, make, and model of the vehicle to be permitted;       (5)   license plate number of the vehicle to be permitted;       (6)   state vehicle inspection; and       (7)   a vehicle lease agreement, if applicable.    (b)   To obtain a vehicle permit for a previously permitted vehicle, in addition to providing the above information, a permit applicant must demonstrate that, within the preceding 90 days, the vehicle has been inspected and has a state vehicle inspection report. (Ord. Nos. 29596; 29706; 30180; 31689) SEC. 47A-2.3.3   VEHICLE QUALITY STANDARDS.    (a)   An operating authority shall maintain all motorized vehicles operating under its permit, and a driver shall maintain the motorized transportation-for- hire vehicle he or she is driving for hire, in accordance with the Texas Department of Public Safety Vehicle Inspection program. Additionally, each vehicle must be deemed safe, mechanically sound, and road worthy. The exterior and interior must be clean and meet the following standards:       (1)   body panels, trim, and moldings are free of dents and scratches (other than minor dents and scratches that are less than five inches in length and less than 0.5 inch in depth);       (2)   paint is in good condition, free of unrepaired damage, visible fading, mismatched colors, or excessive orange peel;       (3)   front and rear tires, wheels, and wheel covers match and are the proper size and type for the vehicle;       (4)   all recall work recommended by the vehicle's manufacturer has been performed;       (5)   air conditioner, heater, and defoggers function properly;       (6)   all exterior lights function and are aimed as designed by the manufacturer;       (7)   all doors open and close smoothly using interior and exterior door handles. (Ord. Nos. 29596; 30180; 31689; 32467) SEC. 47A-2.3.4.   DISPLAY OF VEHICLE PERMIT.    (a)   A person commits an offense if he:       (1)   operates a transportation-for-hire vehicle with an expired vehicle permit or with no vehicle permit affixed to the vehicle;       (2)   attaches a vehicle permit to a transportation-for-hire vehicle not authorized to operate as a transportation-for-hire vehicle;       (3)   forges, alters, or counterfeits a transportation-for-hire vehicle permit required by this section; or       (4)   possesses a forged, altered, or counterfeited transportation-for- hire vehicle permit required by this section.    (b)   A transportation-for-hire vehicle permit assigned to one vehicle is not transferable to another. (Ord. 29596) SEC. 47A-2.3.5.   EXPIRATION OF VEHICLE PERMIT.    A vehicle permit is valid for the period of and expires concurrently with the permitted vehicle's state registration displayed on the vehicle at the time the permit is issued. (Ord. Nos. 29596; 30180) DIVISION 4. SERVICE RULES. SEC. 47A-2.4.1.   NO SOLICITATION.    A driver may not solicit passengers if the solicitation is:       (1)   from a location other than the driver’s compartment or the immediate vicinity of the driver’s transportation-for-hire vehicle; or       (2)   in a way that annoys or obstructs the movement of a person. (Ord. 29596) SEC. 47A-2.4.2.   NON-DISCRIMINATION.    An operating authority or driver shall not refuse service to a passenger based on the passenger’s race; color; age; religion; sex; marital status; sexual orientation, as that term is defined in Chapter 34 of this code; gender identity and expression, as that term is defined in Chapter 34 of this code; national origin; disability; political opinions; or affiliations. (Ord. 29596) SEC. 47A-2.4.3.   CITY-WIDE SERVICE.    (a)   An operating authority may not exclude from service any portion of the city.    (b)   An operating authority may not refuse to convey a ride request to an available driver based on point of origin, destination, or length of trip.    (c)   While operating a transportation-for-hire vehicle, a driver shall not refuse a person who requests service unless:       (1)   the person is disorderly;       (2)   the driver is engaged in answering a previous request for service;       (3)   the driver has reason to believe that the person is engaged in unlawful conduct; or       (4)   the driver, based on observation of a specific passenger, reasonably fears for the driver’s own safety.    (d)   This section does not apply to transportation-for-hire service provided by non- motorized passenger transport vehicles. (Ord. 29596) SEC. 47A-2.4.4.   WHEELCHAIR ACCESSIBILITY.    (a)   When a wheelchair accessible vehicle is requested, the operating authority must provide a wheelchair accessible vehicle, or cause one to be provided, without unreasonable delay.    (b)   Operating authorities and drivers are prohibited from charging a higher fare rate for wheelchair accessible transportation-for-hire vehicles. (Ord. 29596) SEC. 47A-2.4.5.   DIRECT AND EXPEDITIOUS ROUTE.    (a)   A driver must take the most direct and expeditious route available, unless otherwise directed by the passenger.    (b)   This section does not apply to transportation- for-hire service provided by non-motorized passenger transport vehicles. (Ord. 29596) SEC. 47A-2.4.6.   PAYMENT BY CREDIT CARD.    (a)   An operating authority or driver, whichever accepts payment for a fare, must allow fares to be paid by credit card.    (b)   When accepting a credit card payment, an operating authority or driver must use a secure credit card processing method that encrypts information transmitted to authenticate a credit card payment transaction for approval. (Ord. 29596) SEC. 47A-2.4.7.   RESERVED.    (Repealed by Ord. 31689) SEC. 47A-2.4.8.   RATES AND FARES.    (a)   For purposes of this section, "payor" means the person paying for transportation-for-hire service.    (b)   An operating authority shall inform the payor of the rate for the transportation-for-hire service before the transportation-for-hire service is provided.    (c)   An operating authority must disclose its rates on a publicly remotely accessible data site. An operating authority must also disclose its rates on a sign placed in or on all hailable transportation-for-hire vehicles operated under the operating authority's permit.    (d)   A driver or operating authority shall provide the payor of a fare with a legible receipt at the time of payment. The receipt, alone or in combination with additional contemporaneously produced document(s), must contain the following information:       (1)   the fare rate;       (2)   the total fare;       (3)   an itemization showing how the fare was calculated;       (4)   the trip distance (if fare based in whole or in part on distance);       (5)   the duration of the trip in minutes (if fare based in whole or in part on time);       (6)   the name of the operating authority under which the driver was operating at the time of the ride;       (7)   the driver's first name and driver permit number; and       (8)   the vehicle permit number.    (e)   The receipt may be submitted to the payor electronically if the ride was dispatched electronically or if the payor agrees to accept an electronic receipt.    (f)   Hailable vehicles shall not charge any fare for providing transportation-for-hire service in the city that exceeds the maximum rates of fare authorized by the following schedule:       (1)   General fares.          (A)   Initial meter drop: $3.00;          (B)   Each 1/4 mile: $0.70;          (C)   Traffic delay time/waiting time, per 1 minute: $0.40; and          (D)   Each extra passenger (up to manufacturer's rated seating capacity): $2.00.       (2)   Love Field Airport fares.          (A)   Each trip departing from the airport (in addition to the general fare) shall include the trip fee as that trip fee is set in Chapter 5 of this code, as amended.          (B)   Minimum charge for each trip departing from the airport: $10.00.          (C)   Flat rate for each trip either originating at the airport and terminating at a location within the Dallas Central Business District area or originating at a location within the Dallas Central Business District area and terminating at the airport: $26.00.          (D)   Flat rate for each trip either originating at the airport and terminating at a location within the Dallas Market Center area or originating at a location within the Dallas Market Center area and terminating at the airport: $20.00.       (3)   Dallas-Fort Worth International Airport fares.          (A)   Minimum charge for each terminal transfer: $7.00.          (B)   Minimum charge for each trip that requires exiting the Airport parking plaza and terminates inside of airport property: $14.50.          (C)   Minimum charge for each trip that requires exiting the Airport parking plaza and terminates outside of airport property: $17.00.          (D)   Flat rate for each trip either originating at the airport and terminating at a location within the Dallas Central Business District area or originating at a location within the Dallas Central Business District area and terminating at the airport: $55.00.          (E)   Flat rate for each trip either originating at the airport and terminating at a location within the Dallas Market Center area or originating at a location within the Dallas Market Center area and terminating at the airport: $47.00.       (4)   Gasoline surcharge.          (A)   A gasoline surcharge approved by the director may be added to a hailable vehicle fare when the average weekly retail price of regular grade gasoline in the State of Texas exceeds $2.00 per gallon as determined by the United States Department of Energy, Energy Information Administration.          (B)   The gasoline surcharge is calculated in $0.50 increments and applied per trip. For every $0.50 increase or decrease in the average price per gallon of gasoline above the $2.00 threshold, the per trip surcharge fee is adjusted $0.50 up or down to reflect the change in the average gasoline price. For example:   AVERAGE PRICE OF GASOLINE (PER GALLON) AMOUNT OF SURCHARGE (PER TRIP) $2.00 or less No surcharge $2.01 to $2.50 $0.50 $2.51 to $3.00 $1.00 $3.01 to $3.50 $1.50 Each additional $0.50 increase in the average Additional $0.50 per trip per gallon price of gasoline            (C)   The director shall determine the gasoline surcharge on a quarterly basis each year by checking, in accordance with the following schedule, the average price per gallon of gasoline as posted by the United States Department of Energy in its weekly updates:   DATE OF QUARTERLY PRICE CHECK BY DIRECTOR DATE OF QUARTERLY ADJUSTMENT (IF REQUIRED) December 20 January 1 March 20 April 1 June 20 July 1 September 20 October 1      (g)   Each driver of a hailable vehicle shall charge the rates of fare prescribed in Subsection (f) in accordance with the following terms and conditions:       (1)   "Dallas Central Business District area" includes:          (A)   the Dallas Central Business District, which is the area bounded by Woodall Rodgers Freeway on the north, Central Expressway on the east, R. L. Thornton Freeway on the south, and Stemmons Freeway on the west; and          (B)   all points located within 1,000 feet of the Dallas Central Business District boundaries described in Paragraph (1)(A) of this subsection.       (2)   "Dallas Market Center area" includes:          (A)   the Dallas Market Center, which is the area bounded by Medical District Drive on the northwest, Harry Hines Boulevard on the northeast, Oak Lawn Avenue on the southeast, and Irving Boulevard on the southwest; and          (B)   all points located within 1,000 feet of the Dallas Market Center boundaries described in Paragraph (2)(A) of this subsection.       (3)   "Extra passengers" means the total number of passengers, less one, riding in the same vehicle whether or not going to the same destination.       (4)   "Traffic delay time" is that time, as set and determined by the meter, during which the vehicle is stopped in traffic or proceeding at a speed of less than 11.5 miles per hour due to traffic conditions.       (5)   "Waiting time" may be charged only when a passenger or party requests a vehicle to wait and be held exclusively for the use of that passenger or party.       (6)   Passengers in the same vehicle traveling between the same points must be considered as one trip, and a multiple fare may not be charged. The only extra charge permitted for additional passengers is the $2.00 allowed under Subsection (e) for each extra passenger.       (7)   When passengers in the same vehicle have different destinations, the fare must be collected and the meter must be reset at each destination point, except when the vehicle is engaged by, and the fare for the entire trip is paid by, one passenger or party. The $2.00 charge for each extra passenger is permitted under this paragraph only when the fare for the entire trip is paid by one passenger or party or when more than one passenger disembarks at a single location.       (8)   A passenger or party must reimburse the driver for all lawful tolls paid during the time of engagement only if the passenger or party was notified of the toll route beforehand by the driver and did not object to the toll route.       (9)   Flat rate fares provided in Subsection (f) of this section, as amended, shall include all fares described in this section, except for the extra passenger fare, also as described in this section.    (h)   The director shall periodically review the hailable vehicle rates of fare and, after receiving input from operators and drivers of hailable vehicles, recommend any change to the city council. The city council shall hold a public hearing to consider the proposed change in rates of fare. After the hearing, the city council may approve, disapprove, or modify the proposed change.    (i)   Nothing in this section prohibits a hailable vehicle from being operated for a discounted rate or charge. (Ord. Nos. 29596; 30180; 32467) SEC. 47A-2.4.9.   ADDITIONAL REQUIREMENTS FOR HAILABLE VEHICLES.    (a)   All hailable vehicles must:       (1)   have a roof mounted top light that illuminates when the vehicle is in service but not available to be hailed; and       (2)   display the following information on at least one door on each side of the vehicle:          (A)   the name of the operating authority under which the vehicle is currently operating;          (B)   the vehicle permit number;          (C)   the fare rate; and          (D)   the current fuel surcharge.    (b)   The size and format of the information required by this section must be approved by the director.    (c)    If a hailable vehicle is neither engaged in service nor available to be hailed, the driver must place a sign in the front window on the right side of the vehicle with the words “NOT FOR HIRE” printed in letters not less than 3” in height with a stroke of not less than 3/8”. (Ord. Nos. 29596; 32467) SEC. 47A-2.4.10.   GOUGING PROHIBITED.    Drivers and operating authorities may not knowingly or intentionally quote, charge, or attempt to charge a fare higher than the fare calculated based on the operating authority’s published rates or the rates allowed by this chapter for hailable vehicles, whichever is applicable. (Ord. 29596) SEC. 47A-2.4.11.   [RESERVED.] SEC. 47A-2.4.12.   SOLICITATION OF PASSENGERS BY BUSINESS ESTABLISHMENTS.    (a)   An employee of a business establishment, other than an operating authority, who acts as an agent in obtaining transportation-for-hire service for prospective passengers shall not:       (1)   solicit nor accept payment from a driver in return for giving preferential treatment in directing passengers to a driver; or       (2)   interfere with the orderly progression of transportation-for-hire vehicles from the rear to the front of a queue.    (b)   Business establishments or their agents may not require guests to use a specific transportation-for- hire operating authority, driver, or vehicle.    (c)   Drivers may not pay an employee of a business establishment to solicit passengers or to give preferential treatment in directing passengers to that driver. (Ord. 29596) SEC. 47A-2.4.13.   DRIVER AVAILABILITY LOG.    (a)   An operating authority that employs contingent primary liability coverage to meet the insurance requirements of Section 47A-2.5.2 shall maintain a real time record that demonstrates each date and time that a driver providing transportation- for-hire services under that operating authority has, in the manner prescribed by the operating authority, signaled to the operating authority that the driver:       (1)   is available to accept a ride request;       (2)   has accepted a ride request; and       (3)   has completed a requested ride.    (b)   The operating authority shall retain the record required by Subsection (a) for a minimum of ninety (90) days after the record is made, and shall make the records available for inspection by the director upon reasonable notice. (Ord. 29596) DIVISION 5. INSURANCE. SEC. 47A-2.5.1.   INSURANCE POLICY REQUIREMENTS AND PROHIBITIONS.    (a)   An operating authority shall procure and keep in full force and effect no less than the insurance coverage required by this article through a policy or policies written by an insurance company that:       (1)   is listed as an authorized auto liability lines carrier on the Texas Department of Insurance’s List of Authorized Insurance Companies or a surplus lines insurer listed on the Texas Department of Insurance’s list of Eligible Surplus Lines Insurance Companies;       (2)   is acceptable to the city; and       (3)   does not violate the ownership or operational control prohibitions described in Subsection (e) of this section.    (b)   The insured provisions of the policy must name the city and its officers and employees as additional insureds, and the coverage provisions must provide coverage for any loss or damage that may arise to any person or property by reason of the operation of a transportation-for-hire vehicle when driven by any authorized driver.    (c)   Insurance required under this article must:       (1)   include a cancellation provision in which the insurance company is required to notify the director in writing not fewer than 30 days before cancelling the insurance policy (for a reason other than non-payment) or before making a reduction in coverage;       (2)   include a cancellation provision in which the insurance company is required to notify the director in writing not fewer than 10 days before cancelling for non-payment;       (3)   cover all transportation-for-hire vehicles during all times that the vehicles are operating in furtherance of the operating authority's business, whether the vehicles are owned, non-owned, hired, rented, or leased by the operating authority, and whether the vehicles are or are not listed on a schedule of vehicles provided to the insurance company;       (4)   include a provision requiring the insurance company to pay every covered claim on a first-dollar basis;       (5)   require notice to the city of Dallas if the policy is cancelled or if there is a reduction in coverage; and       (6)   comply with all applicable federal, state, or local laws.    (d)   A driver must keep proof of any and all liability insurance policies applicable to the driver or vehicle in the vehicle while the driver is providing transportation-for-hire services.    (e)   No person who has a 20 percent or greater ownership interest in the operating authority may have any interest in the insurance company.    (f)   The operating authority may not be self-insured.    (g)   Any insurance policy required by this article must be on file with the city within forty-five (45) days of the issuance of the initial operating authority permit, and thereafter within 45 days of the expiration or termination of a previously issued policy. (Ord. Nos. 29596; 30180) SEC. 47A-2.5.2.   MINIMUM INSURANCE LIMITS.    (a)   Insurance policy limits for motorized transportation-for-hire vehicles. At a minimum, the liability coverage for motorized transportation- for-hire vehicles must be provided as follows:       (1)   From the time a driver indicates that the vehicle is available to accept a ride request, but before the driver has accepted a ride request, the vehicle and driver must be covered by contingent primary liability coverage for injury and property damage arising out of or caused by the operation of the vehicle in the amount of $50,000 per person, $100,000 per occurrence for bodily injury and $25,000 in property damage; and       (2)   From the time a driver accepts a ride request, either by being physically hailed or dispatched, to the time the passenger exits the vehicle, the vehicle and driver must be covered by primary commercial automobile liability coverage with a combined single limit of liability for injury and property damage arising out of or caused by the operation of the vehicle in the following amounts:   For vehicles with a manufacturer’s rated seating capacity of 1- $300,000 5 passengers For vehicles with a manufacturer’s rated seating capacity of 6-10 $500,000 passengers For vehicles with a manufacturer’s rated seating capacity of 11-14 $1,000,000. passengers      (b)   Insurance policy limits for non-motorized passenger transport vehicles. The commercial general liability insurance for non-motorized passenger transport vehicles must provide combined single limits of liability for bodily injury and property damage of not less than $500,000 for each occurrence, or the equivalent, and include coverage for premises operations, independent contractors, products/ completed operations, personal injury, contractual liability, and medical payments. Coverage for medical payments must include a minimum limit of $5,000 per person. (Ord. Nos. 29596; 30180; 31689) ARTICLE III. REGULATIONS SPECIFIC TO NON- MOTORIZED PASSENGER TRANSPORT VEHICLES. SEC. 47A-3.1.   ROUTE.    Transportation-for-hire service offered by non- motorized passenger transport vehicles may only be offered in accordance with a preapproved route, with fixed pickup and destination points, that must be current and kept on file with the director. (Ord. 29596) SEC. 47A-3.2.   REQUIREMENTS FOR HORSES IN SERVICE.    (a)   Before any horse may be used in a non- motorized passenger transport service, the operating authority permit holder must furnish the director with:       (1)   a state certificate of veterinarian inspection identifying the horse by description or photograph and showing that the horse has been examined at least once within the preceding six months by a veterinarian licensed by the State of Texas who specializes in equine medicine;       (2)   proof that the horse has had tetanus, rabies, and Eastern-Western encephalitis vaccinations; and       (3)   photographs showing identifying markings of the horse.    (b)   A horse used in a non-motorized passenger transport service must:       (1)   be appropriately shod to work on paved streets; if a horse loses a shoe while working, an "easy" type boot may be used to finish the scheduled work day;       (2)   not have any open wound, oozing sore, cut below skin level, or bleeding wound;       (3)   not have evidence of lameness, such as but not limited to head bobbing or irregular rhythm;       (4)   be offered not less than five gallons of drinking water at least every two hours;       (5)   have at least a 10-minute rest period after every 50 minutes worked;       (6)   not work longer than eight hours in a 24-hour period with a minimum of 12 hours rest;       (7)   have all harnesses properly fitted and in good repair with no deficiencies that could reasonably be deemed a safety hazard;       (8)   be properly cleaned with no offensive odors or caked dirt or mud;       (9)   wear a special sanitary device for containing animal excrement;       (10)   not work when the outside temperature exceeds 99 degrees Fahrenheit, or the thermal heat index exceeds 150, as measured by the National Weather Service at Love Field; and       (11)   be examined at least once every six months by a veterinarian licensed by the State of Texas who specializes in equine medicine and receive a state certificate of veterinarian inspection, which must be submitted to the director.    (c)   The director, or a designated representative of the department, may require the operating authority or driver of a horse-drawn carriage to remove from service any horse that appears to be ill, overtired, undernourished, overloaded, injured, or lame or whose health or life, in the opinion of a veterinarian or qualified equine animal services officer, is in imminent danger. To reinstate a horse removed from service, the horse must be re- examined and a new state certificate of veterinarian inspection issued for the horse by a veterinarian licensed by the State of Texas and specializing in equine medicine, which certificate must be submitted to the director.    (d)   A person commits an offense if he harasses or startles, or attempts to harass or startle, any horse while the horse is pulling a carriage or at rest or otherwise treats a horse inhumanely while it is working in a non-motorized passenger transport service.    (e)   An operating authority and driver shall use a trailer to transport a horse to a job location in the city that is more than three miles from the location where the horse is stabled.    (f)   For purposes of this section, a horse is considered to be working any time it is on a public street or sidewalk, or other public right-of-way, during any hour of operation of the non-motorized passenger transport service that is authorized by and on file with the director. (Ord. Nos. 29596; 30240; 31689) SEC. 47A-3.3.   REQUIRED EQUIPMENT.    (a)   An operating authority shall maintain for all non-motorized passenger transport vehicles operating under its permit, and a driver shall maintain for the non-motorized passenger transport vehicle he is driving for hire, the following equipment in good condition:       (1)   head-lights;       (2)   tail-lights;       (3)   flashing lights;       (4)   a braking system approved by the director;       (5)   rubber on all wheels;       (6)   a “slow moving vehicle” sign attached to the rear of the vehicle;       (7)   evidence of insurance required by Division 5 of Article II of this chapter;       (8)   the company name and a unit number conspicuously located on the rear of the vehicle in letters not less than two inches high;       (9)   a vehicle permit or temporary permit placed in a manner and location approved by the director;       (10)   any other equipment required to comply with all applicable federal and state laws; and       (11)   any other special equipment that the director determines to be necessary for the service to be operated.    (b)   An operating authority and driver shall, at all times, keep each non- motorized passenger transport vehicle clean and free of refuse and in safe operating condition.    (c)   A non-motorized passenger transport vehicle must not have any cracks, broken or missing parts, or other visible damage. All wheels must be firmly attached to the hub of a vehicle and all springs, axles, and supporting structures of each vehicle must be intact. (Ord. 29596) SEC. 47A-3.4.   APPLICATION FOR OPERATING AUTHORITY.    In addition to the information required by Section 47A-2.1.2 of this chapter, to obtain an operating authority permit for transportation-for-hire service offered by non-motorized passenger transport vehicles, the verified application statement filed with the director must include:       (1)   the number of horses the applicant proposes to use in the operation of the service with a description or photograph and a state certificate of veterinarian inspection for each horse; and       (2)   the proposed routes to be offered. (Ord. 29596) ARTICLE IV. ENFORCEMENT. SEC. 47A-4.1.   RESPONSIBILITY FOR ENFORCEMENT.    (a)   The director may, with or without notice, inspect any transportation- for-hire vehicle operating under this chapter to determine whether the vehicle complies with this chapter, rules and regulations established under this chapter, or other applicable law.    (b)   The director shall enforce this chapter with the assistance of the police department. A police officer upon observing a violation of this chapter or the rules or regulations established by the director, shall take necessary enforcement action to ensure effective regulations of transportation-for-hire service. (Ord. 29596) SEC. 47A-4.2.   REMOVAL OF EVIDENCE OF AUTHORIZATION.    Whenever an operating authority permit, driver permit, or vehicle permit is suspended, revoked, or renewal denied, the director may remove or require the surrender of all evidence of authorization as an operating authority, driver, or transportation-for-hire vehicle, including, but not limited to, removal or surrender of operating authority, permits, decals, and signage. (Ord. 29596) SEC. 47A-4.3.   TOWING AND IMPOUNDING.    A vehicle shall be towed and impounded if determined by the director or any peace officer to be operating as a transportation-for-hire vehicle without:       (1)   the operating authority required by this chapter,       (2)   a driver permit required by this chapter,       (3)   a vehicle permit required by this chapter, or       (4)   the insurance required by this chapter. (Ord. 29596) SEC. 47A-4.4.   CORRECTION ORDER.    (a)   If the director determines that an operating authority or driver is violating or has violated this chapter, terms of its permit, a rule or regulation established by the director, or other law, the director may notify the operating authority or driver in writing of the violation and by written order direct the operating authority or driver to correct the violation within a reasonable period of time. In setting the time for correction the director shall consider the degree of danger to the public health or safety and the nature of the violation. If the violation involves equipment that is unsafe or functioning improperly, the director shall order the operating authority or driver to immediately cease use of the equipment.    (b)   If the director determines that a violation constitutes an imminent and serious threat to the public health or safety, the director shall order the operating authority or driver to correct the violation immediately, and, if the operating authority or driver fails to comply, the director shall promptly take or cause to be taken such action as the director considers necessary to enforce the order immediately.    (c)   The director shall include in a notice issued under this subsection an identification of the violation, the date of issuance of the notice and the time period within which the violation must be corrected, a warning that failure to comply with the order may result in suspension or revocation of the permit or imposition of a fine or both, and a statement indicating that the order may be appealed. (Ord. 29596) SEC. 47A-4.5.   SERVICE OF NOTICE.    (a)   An operating authority shall designate and maintain a representative to receive service of notice required under this chapter to be given an operating authority and to serve notice required under this chapter.    (b)   Notice required under this chapter to be given to:       (1)   an operating authority must be personally served by the director on the operating authority or the operating authority’s designated representative; or       (2)   a driver must be personally served or sent by certified United States Mail, return receipt requested, to the address, last known to the director, of the person to be notified, or to the designated representative for drivers.    (c)   Notice required under this chapter to be given to a person other than an operating authority or driver may be served in the manner prescribed by Subsection (b)(2).    (d)   Service executed in accordance with this subsection constitutes notice to the person to whom the notice is addressed. The date of service for notice that is mailed is three days after the date of mailing. (Ord. 29596) SEC. 47A-4.6.   APPEAL OF CORRECTION ORDER.    (a)   The holder of a permit may appeal a correction order issued under Section 47A-4.4 if an appeal is requested in writing not more than five days after notice of the order or action is received.    (b)   The city manager or a designated representative shall act as the appeal hearing officer in an appeal under this section. The hearing officer shall give the appealing party an opportunity to present evidence and make argument. The formal rules of evidence do not apply to an appeal hearing under this section, and the hearing officer shall make a ruling on the basis of a preponderance of evidence presented at the hearing.    (c)   The hearing officer may affirm, modify, or reverse all or part of the order of the director. The decision of the hearing officer is final. (Ord.Nos. 29596; 32180) SEC. 47A-4.7.   CRIMINAL OFFENSES.    (a)   A person commits an offense if he violates or attempts to violate a provision of this chapter, or a rule or regulation established by the director under this chapter, that is applicable to the person. A culpable mental state is not required for the commission of an offense under this chapter unless the provision defining the conduct expressly requires a culpable mental state. A separate offense is committed each day in which an offense occurs.    (b)   Prosecution for an offense under Subsection (a) does not prevent the use of other enforcement remedies or procedures applicable to the person charged with or the conduct involved in the offense. (Ord. 29596) CHAPTER 48 TREES AND SHRUBS Sec. 48-1.   Park board - Authority to regulate planting, cutting, etc. Sec. 48-2.   Same - Appointment and qualifications of city forester. Sec. 48-3.   Duty to encourage planting of trees; pecuniary interest in marketing trees. Sec. 48-4.   Permits required for planting, trimming, spraying, etc. Sec. 48-5.   Injuring trees. Sec. 48-6.   Interfering with work of park board. Sec. 48-7.   Protection of trees in case of erection or repair of buildings. Sec. 48-8.   Removal of electric wires to permit pruning, etc. Sec. 48-9.   Injuring trees, shrubs or plants on another’s property. Sec. 48-10.   Discharge of oil, brine or substance likely to injure grass, shrubs or trees. Sec. 48-11.   Duty to remove dead, diseased, and damaged trees from parkway. SEC. 48-1.   PARK BOARD - AUTHORITY TO REGULATE PLANTING, CUTTING, ETC.    The park board shall have the power to regulate and control the planting, cutting, trimming and caring for all trees within the highways and streets of the city and shall make such rules and regulations governing the same as may be deemed advisable in conjunction with the city forester and shall from time to time make such rules and regulations as they may deem advisable concerning the planting, cutting and caring for trees and require the city forester to be governed thereby. (Code 1941, Art. 147-1) SEC. 48-2.   SAME - APPOINTMENT AND QUALIFICATIONS OF CITY FORESTER.    The park board shall have the authority to appoint and employ a city forester and such other officers, assistants and laborers as it may deem necessary for the efficient administration of the duties prescribed by this chapter. No person shall be appointed to the office of city forester unless such person, at the date of his appointment, has satisfied the park board that he possesses at least four years of practical experience in regular forest service, two of which shall have been in city forestry, and also that he has a thorough knowledge of soils, insects and plant diseases as they affect trees and their growth. The park board shall have the power to establish such rules and regulations as it shall deem necessary for the conduct of the city forester and for the administration of this chapter. (Code 1941, Art. 147-2; Ord. 8020) SEC. 48-3.   DUTY TO ENCOURAGE PLANTING OF TREES; PECUNIARY INTEREST IN MARKETING TREES.    It shall be the duty of the park board either directly or through the city forester to encourage the planting of trees within the city and to recommend the kind and character of trees to be planted which are suitable to the soil and will furnish the most practical results with a view of yielding shade and being ornamental in their nature. The city forester shall be courteous and attentive to the public in seeking advice and in aiding and assisting the public as well as encouraging the public in the planting of the proper kind of trees. No member of the park board nor the city forester shall be interested directly or indirectly in a pecuniary manner in selling or marketing any shade trees required to be used by the public but nothing in this section shall be construed to prevent the park board or the city forester from giving proper advice as to the kind and character of trees to be planted and the time when such planting shall be done and all other information that may be necessary for such purposes. (Code 1941, Art. 147-3; Ord. 8020) SEC. 48-4.   PERMITS REQUIRED FOR PLANTING, TRIMMING, SPRAYING, ETC.    It shall be unlawful for any person to plant or set out any shade trees or cause or authorize any person to plant or set out any shade trees in or on any public highway within the city without first obtaining from the director of the park department a written permit to do so. It shall be unlawful for any individual or officer or employee of a corporation without the written permit of director of the park department to cut, prune, break, climb, injure or remove any living tree in a public highway, or cut, disturb or interfere in any way with the roots of any tree on a public highway or spray with any chemicals or insecticides any tree in a public highway; or place any rope, sign, poster or other fixture on a tree or guard in a public highway; or injure, misuse or remove any device placed to protect such tree on a public highway. (Code 1941, Art. 147-4) SEC. 48-5.   INJURING TREES.    It shall be unlawful for any person to pull up, cut down, burn or destroy, or in any manner injure any living tree standing in any street or public highway of the city. (Code 1941, Art. 147-5) SEC. 48-6.   INTERFERING WITH WORK OF PARK BOARD.    It shall be unlawful for any person to wilfully prevent, delay or in any manner interfere with the park board or any person acting under its direction and instruction in the planting, pruning, spraying, cultivating, caring for or removal of any living tree standing in any street or public highway in the city. (Code 1941, Art. 147-7) SEC. 48-7.   PROTECTION OF TREES IN CASE OF ERECTION OR REPAIR OF BUILDINGS.    In the erection or repair of any building or structure the owner thereof shall place such guards around all nearby trees on the public highways as shall effectually prevent injury to them. (Code 1941, Art. 147-8) SEC. 48-8.   REMOVAL OF ELECTRIC WIRES TO PERMIT PRUNING, ETC.    Every person having any wire or wires charged with electricity running through a public highway shall temporarily remove any such wire or wires or the electricity therefrom when it shall be necessary, in order to take down or prune any trees growing in a public highway, within 48 hours after service upon the owner of such wires, or his agent, of a written notice signed by the director of the park department, to remove the wire or wires or the electricity therefrom. (Code 1941, Art. 147-9) SEC. 48-9.   INJURING TREES, SHRUBS OR PLANTS ON ANOTHER’S PROPERTY.    (a)   It shall be unlawful for any person to cut, injure, mutilate or destroy any shrub, plant or tree in the city, in or upon property not belonging to such person, without the permission of the owner of the property.    (b)   Any person violating any provision of this section is guilty of an offense. (Code 1941, Art. 87-3; Ord. 19963) SEC. 48-10.   DISCHARGE OF OIL, BRINE OR SUBSTANCE LIKELY TO INJURE GRASS, SHRUBS OR TREES.    It shall be unlawful for any person, or his agent, servant, or employee, while handling, using, or transporting any oil, salt water, brine, or other substance or liquid of any character in connection with any ice cream business, oil business, or other character or kind of business, or otherwise, to suffer or permit any of the substance or liquid to drip upon or be thrown or discharged into any street or gutter of any street, or on any sidewalk or parkway on any street, so that the substance or liquid may injure or likely or probably cause injury to any growing grass plot, shrubbery, or tree, or to discharge any of the substance or liquid into any gutter of any street or otherwise so that the substance or liquid may flow onto or near any growing grass plot, shrubbery, or tree so as to injure or likely or probably cause injury to the grass plot, shrubbery, or tree; provided, that nothing contained in this section shall prevent any person from discharging, throwing, or placing any substance or liquid described in this section into the inlet of any sewer that may be in any street where the substance or liquid will not cause injury to any shrubbery, grass, or tree, save and except that nothing shall be placed or discharged in any inlet that is likely to cause fire or combustion or that may be otherwise prohibited by this code or any other city ordinance. Any person, or his agent, servant, or employee, who violates any provision of this section shall is guilty of an offense. (Code 1941, Art. 87-16; Ord. 19963) SEC. 48-11.   DUTY TO REMOVE DEAD, DISEASED, AND DAMAGED TREES FROM PARKWAY.    (a)   Every person owning, occupying, or in control of property shall, at the person’s own expense, remove any dead, diseased, or damaged tree from the parkway abutting the property owned, occupied, or controlled by the person.    (b)   The park department may remove a dead, diseased, or damaged tree from a parkway at the request of the owner, occupant, or person in control of the abutting property or upon failure of the owner, occupant, or person in control of the abutting property to remove the tree after being issued notice of removal by the park department. The fee for removal of a dead, diseased, or damaged tree from a parkway is $75.    (c)   For purposes of this section, parkway means the area along a public street between the curb and the sidewalk. (Ord. 20736) CHAPTER 48A VEHICLE TOW SERVICE ARTICLE I. GENERAL PROVISIONS. Sec. 48A-1.   Statement of policy. Sec. 48A-2.   General authority and duty of director. Sec. 48A-3.   Establishment of rules and regulations. Sec. 48A-4.   Exceptions. Sec. 48A-5.   Definitions. ARTICLE II. VEHICLE TOW SERVICE LICENSE. Sec. 48A-6.   License required; application. Sec. 48A-7.   License qualifications. Sec. 48A-8.   License issuance; fee; display; transferability; expiration. Sec. 48A-9.   Refusal to issue or renew license. Sec. 48A-10.   Revocation of license. Sec. 48A-11.   Appeals. ARTICLE III. WRECKER DRIVER’S PERMIT. Sec. 48A-12.   Wrecker driver’s permit required. Sec. 48A-13.   Qualifications for a wrecker driver’s permit. Sec. 48A-14.   Application for wrecker driver’s permit; fee. Sec. 48A-15.   Investigation of application. Sec. 48A-16.   Issuance and denial of wrecker driver’s permit. Sec. 48A-17.   Expiration of wrecker driver’s permit; voidance upon suspension or revocation of state driver’s license. Sec. 48A-18.   Provisional permit. Sec. 48A-19.   Probationary permit. Sec. 48A-20.   Duplicate permit. Sec. 48A-21.   Display of permit. Sec. 48A-22.   Suspension by a designated representative. Sec. 48A-23.   Suspension of wrecker driver’s permit. Sec. 48A-24.   Revocation of wrecker driver’s permit. Sec. 48A-25.   Wrecker operation after suspension or revocation. Sec. 48A-26.   Appeal from denial, suspension, or revocation. ARTICLE IV. MISCELLANEOUS LICENSEE AND DRIVER REGULATIONS. Sec. 48A-27.   Licensee’s and driver’s duty to comply. Sec. 48A-28.   Licensee’s duty to enforce compliance by drivers. Sec. 48A-29.   Insurance. Sec. 48A-30.   Information to be supplied upon request of director. Sec. 48A-31.   Vehicle tow service records. Sec. 48A-32.   Failure to pay ad valorem taxes. ARTICLE V. SERVICE RULES AND REGULATIONS. Sec. 48A-33.   Removal of vehicles from public rights-of-way. Sec. 48A-34.   Removal of authorized vehicles prohibited. Sec. 48A-35.   Financial interests of private property owner and licensee prohibited. Sec. 48A-36.   Requirements for posting signs. Sec. 48A-36.1.   Individual parking restrictions in restricted area. Sec. 48A-36.2.   Designation of restricted parking spaces in otherwise unrestricted area. Sec. 48A-37.   Authorization for removal. Sec. 48A-38.   Release of a vehicle prior to removal. Sec. 48A-39.   Removal of vehicle with a wrecker. Sec. 48A-40.   Notification of police department; wrecker slips or tickets. Sec. 48A-41.   Notification of vehicle owner. Sec. 48A-42.   Removal to vehicle storage facility. ARTICLE VI. VEHICLE TOW SERVICE FEES. Sec. 48A-43.   Maximum fee schedule. Sec. 48A-43.1.   Towing fee studies. ARTICLE VII. VEHICLES AND EQUIPMENT. Sec. 48A-44.   Vehicles and equipment. ARTICLE VIII. ENFORCEMENT. Sec. 48A-45.   Authority to inspect. Sec. 48A-46.   Enforcement by police department. Sec. 48A-47.   Correction order. Sec. 48A-48.   Service of notice. Sec. 48A-49.   Appeal. Sec. 48A-50.   Offenses. ARTICLE I. GENERAL PROVISIONS. SEC. 48A-1.   STATEMENT OF POLICY.    It is the policy of the city to provide for the protection of the public interest as it relates to the parking of vehicles on private property and to the removal of those vehicles to vehicle storage facilities without the consent of the vehicle owners or operators. To this end, this chapter provides for the regulation of vehicle tow service, to be administered in a manner that protects the public health and safety and promotes the public convenience and necessity. (Ord. Nos. 19099; 21435; 24175) SEC. 48A-2.   GENERAL AUTHORITY AND DUTY OF DIRECTOR.    The director shall implement and enforce this chapter and may by written order establish such rules and regulations, consistent with this chapter, as may be determined necessary to discharge the director’s duty under, or to effect the policy of, this chapter. (Ord. Nos. 19099; 21435; 24175) SEC. 48A-3.   ESTABLISHMENT OF RULES AND REGULATIONS.    (a)   Before adopting, amending, or abolishing a rule or regulation, the director shall hold a public hearing on the proposal.    (b)   The director shall fix the time and place of the hearing and, in addition to notice required under the Open Meetings Act (Chapter 551, Texas Government Code), as amended, shall notify each licensee and such other persons as the director determines are interested in the subject matter of the hearing.    (c)   After the public hearing, the director shall notify the licensees and other interested persons of the action taken and shall post an order adopting, amending, or abolishing a rule or regulation on the official bulletin board in the city hall for a period of not fewer than 10 days. The order becomes effective immediately upon expiration of the posting period. (Ord. Nos. 21435; 24175) SEC. 48A-4.   EXCEPTIONS.    This chapter does not apply to:       (1)   a person towing a vehicle with the consent of the vehicle owner or operator;       (2)   the removal of a vehicle from private property with the consent of the vehicle owner or operator;       (3)   a person parking or storing a vehicle with the consent of the vehicle owner or operator;       (4)   the parking or storing of a vehicle with the consent of the vehicle owner or operator; or       (5)   a vehicle storage facility at which vehicles are parked or stored solely with the consent of the vehicle owner or operator. (Ord. Nos. 19099; 21435; 24175) SEC. 48A-5.   DEFINITIONS.    In this chapter:       (1)   CITY means the city of Dallas, Texas.       (2)   CHIEF OF POLICE means the chief of police for the city of Dallas or a designated representative.       (3)   CONSENT TOW means any tow of a vehicle initiated by the owner or operator of the vehicle or by a person who has possession, custody, or control of the vehicle. The term does not include a tow of a vehicle initiated by a peace officer investigating a traffic accident or a traffic incident that involves the vehicle.       (4)   CONVICTION means a conviction in a federal court or court of any state or foreign nation or political subdivision of a state or foreign nation that has not been reversed, vacated, or pardoned.       (5)   DIRECTOR means the director of the department designated by the city manager to enforce and administer this chapter, and includes representatives, agents, and department employees designated by the director.       (6)   DRIVER means an individual who drives or operates a wrecker.       (7)   HEAVY DUTY WRECKER means a wrecker that has:          (A)   a manufacturer’s gross vehicle weight rating of not less than 48,000 pounds; and          (B)   either:             (i)   a power operated winch, winch line, and boom, with a factory- rated lifting capacity of not less than 50,000 pounds and a dual line capacity of not less than 20,000 pounds; or             (ii)   an underlift device with a factory-rated lifting capacity of not less than 10,000 pounds when extended.       (8)   ILLEGALLY PARKED or UNAUTHORIZED VEHICLE means a vehicle that is:          (A)   parked, stored, or located on private property without the consent of the property owner;          (B)   parked in or obstructing a fire lane, aisle, entrance, exit, driveway, or other area not designated for the parking of vehicles; or          (C)   parked in an area designated for the parking of vehicles but fails to display a valid parking decal, emblem, badge, sticker, ticket, or other identification required by the property owner for parking in a designated area or space.       (9)   LAWFUL ORDER means a verbal or written directive that:          (A)   is issued by the director in the performance of official duties in the enforcement of this chapter and any rules and regulations promulgated under this chapter; and          (B)   does not violate the United States Constitution or the Texas Constitution.       (10)   LICENSEE means a person licensed under this chapter to engage in vehicle tow service. The term includes any owner or operator of the licensed business, but does not include a subcontractor unless the use of the subcontractor is authorized pursuant to Section 48A-7(e) of this chapter.       (11)   LIGHT DUTY WRECKER means a wrecker that has:          (A)   a manufacturer’s gross vehicle weight rating of not less than 10,000 pounds; and          (B)   either:             (i)   a power operated winch, winch line, and boom, with a factory- rated lifting capacity of not less than 8,000 pounds, single line capacity; or             (ii)   an underlift device with a factory-rated lifting capacity of not less than 3,000 pounds when extended.       (12)   MEDIUM DUTY WRECKER means a wrecker that has:          (A)   a manufacturer’s gross vehicle weight rating of not less than 18,000 pounds; and          (B)   either:             (i)   a power operated winch, winch line, and boom, with a factory- rated lifting capacity of not less than 24,000 pounds and a dual line capacity of not less than 8,000 pounds; or             (ii)   an underlift device with a factory-rated lifting capacity of not less than 6,000 pounds when extended.       (13)   NONCONSENT TOW means any tow of a vehicle that is not a consent tow.       (14)   OPERATE means to drive or to be in control of a wrecker.       (15)   OPERATOR means the holder of a vehicle tow service license.       (16)   PERMITTEE means an individual who has been issued a wrecker driver’s permit under this chapter.       (17)   PERSON means an individual, assumed name entity, partnership, joint-venture, association, corporation, or other legal entity.       (18)   POLICE DEPARTMENT means the police department of the city of Dallas.       (19)   PROPERTY ENTRANCE means any point located on private property that is designed to provide access by a vehicle to the private property.       (20)   PROPERTY OWNER means a person, or the person’s agent or lessee, who holds legal title, deed, or right-of-occupancy to private property, but does not include a vehicle tow service licensee or an employee or representative of a vehicle tow service licensee.       (21)   STREET means any public street, alley, road, right-of-way, or other public way within the corporate limits of the city. The term includes all paved and unpaved portions of the right-of-way.       (22)   VEHICLE means a device in, on, or by which a person or property may be transported on a public street. The term includes, but is not limited to, an operable or inoperable automobile, truck, motorcycle, recreational vehicle, or trailer, but does not include a device moved by human power or used exclusively on a stationary rail or track.       (23)   VEHICLE OWNER or OPERATOR means a person, or the designated agent of a person, who:          (A)   holds legal title to a vehicle, including any lienholder of record; or          (B)   has legal right of possession or legal control of a vehicle.       (24)   VEHICLE STORAGE FACILITY has the meaning given that term in the Vehicle Storage Facility Act.       (25)   VEHICLE STORAGE FACILITY ACT means Chapter 2303 of the Texas Occupations Code, as amended.       (26)   VEHICLE TOW SERVICE means the business of towing an illegally parked or unauthorized vehicle from private property.       (27)   WRECKER means a vehicle designed for the towing of other vehicles.       (28)   WRECKER DRIVER’S PERMIT means a permit issued under this chapter to an individual by the director authorizing that individual to operate a wrecker for a vehicle tow service in the city. (Ord. Nos. 19099; 19312; 21435; 23106; 24175; 25812) ARTICLE II. VEHICLE TOW SERVICE LICENSE. SEC. 48A-6.   LICENSE REQUIRED; APPLICATION.    (a)   A person commits an offense if, within the city, he, or his agent or employee:       (1)   engages in vehicle tow service for compensation without a valid vehicle tow service license issued by the director under this article;       (2)   causes a vehicle to be removed from private property, without the consent of the vehicle owner or operator, by a vehicle tow service not licensed by the director under this article; or       (3)   employs or contracts with a vehicle tow service not licensed by the director under this article for the purpose of having a vehicle removed from private property without the consent of the vehicle owner or operator.    (b)   To obtain a vehicle tow service license, a person must make written application to the director upon a form provided for that purpose. The application must be signed by the person who will own, control, or operate the proposed vehicle tow service. The application must be verified and include the following:       (1)   the name, address, and telephone number of the applicant, the trade name under which the applicant does business, the street address and telephone number of the vehicle tow service establishment, and the name, street address, and telephone number of each vehicle storage facility used by the vehicle tow service;       (2)   the number and types of vehicles to be operated, including the year, make, model, vehicle identification number, and state license plate number of, and the type of winch to be operated on, each wrecker;       (3)   documentary evidence from an insurance company indicating a willingness to provide liability insurance as required by this chapter;       (4)   a statement attesting that each wrecker used by the vehicle tow service has been rendered for ad valorem taxation in the city and that the applicant is current on payment of those taxes;       (5)   a list, to be kept current, of the owners and management personnel of the vehicle tow service, and of all employees who will participate in vehicle tow service, including names, dates of birth, state driver’s license numbers, social security numbers, and wrecker driver’s permit numbers;       (6)   a copy of a written agreement, if one exists, between the vehicle tow service and each vehicle storage facility used by the tow service, other than its own, and proof that each vehicle storage facility used is currently licensed under the Texas Vehicle Storage Facility Act;       (7)   a list of what methods of payment the applicant will accept from a vehicle owner for vehicle tow service;       (8)   any other information deemed necessary by the director; and       (9)   a nonrefundable application processing fee of $135.    (c)   A person desiring to engage in vehicle tow service shall register with the director a trade name that clearly differentiates the person’s company from all other companies engaging in vehicle tow service and shall use no other trade name for the vehicle tow service. (Ord. Nos. 19099; 21435; 24175; 27695; 30215) SEC. 48A-7.   LICENSE QUALIFICATIONS.    (a)   To qualify for a vehicle tow service license, an applicant must:       (1)   be at least 19 years of age;       (2)   be currently authorized to work full-time in the United States;       (3)   be able to communicate in the English language; and       (4)   not have been convicted of a crime:          (A)   involving:             (i)   criminal homicide as described in Chapter 19 of the Texas Penal Code;             (ii)   kidnapping as described in Chapter 20 of the Texas Penal Code;             (iii)   a sexual offense as described in Chapter 21 of the Texas Penal Code;             (iv)   an assaultive offense as described in Chapter 22 of the Texas Penal Code;             (v)   robbery as described in Chapter 29 of the Texas Penal Code;             (vi)   burglary as described in Chapter 30 of the Texas Penal Code, but only if the offense was committed against a person with whom the applicant came in contact while engaged in vehicle tow service;             (vii)   theft as described in Chapter 31 of the Texas Penal Code, but only if the offense was committed against a person with whom the applicant came in contact while engaged in vehicle tow service;             (viii) fraud as described in Chapter 32 of the Texas Penal Code, but only if the offense was committed against a person with whom the applicant came in contact while engaged in vehicle tow service;             (ix)   tampering with a governmental record as described in Chapter 37 of the Texas Penal Code, but only if the offense was committed against a person with whom the applicant came in contact while engaged in vehicle tow service;             (x)   public indecency (prostitution or obscenity) as described in Chapter 43 of the Texas Penal Code;             (xi)   the transfer, carrying, or possession of a weapon in violation of Chapter 46 of the Texas Penal Code, or of any comparable state or federal law, but only if the violation is punishable as a felony under the applicable law;             (xii)   a violation of the Dangerous Drugs Act (Article 4476-14, Vernon’s Texas Civil Statutes), or of any comparable state or federal law, but only if the violation is punishable as a felony under the applicable law;             (xiii) a violation of the Controlled Substances Act (Article 4476- 15, Vernon’s Texas Civil Statutes), or of any comparable state or federal law, but only if the violation is punishable as a felony under the applicable law;             (xiv)   criminal attempt to commit any of the offenses listed in Subdivision (4)(A)(i) through (xiii) of this subsection; and          (B)   for which:             (i)   less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the applicant was convicted of a misdemeanor offense;             (ii)   less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the applicant was convicted of a felony offense; or             (iii)   less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if, within any 24-month period, the applicant has two or more convictions of any misdemeanor offense or combination of misdemeanor offenses;       (5)   not be addicted to the use of alcohol or narcotics;       (6)   be subject to no outstanding warrants of arrest;       (7)   not employ any person who is not qualified under this subsection.    (b)   An applicant who has been convicted of, or who employs a person who has been convicted of, an offense listed in Subsection (a)(4), for which the required time period has elapsed since the date of conviction or the date of release from confinement imposed for the conviction, may qualify for a vehicle tow service license only if the director determines that the applicant, or the employee, is presently fit to engage in the business of a vehicle tow service. In determining present fitness under this section, the director shall consider the following:       (1)   the extent and nature of the applicant’s, or employee’s, past criminal activity;       (2)   the age of the applicant, or employee, at the time of the commission of the crime;       (3)   the amount of time that has elapsed since the applicant’s, or employee’s, last criminal activity;       (4)   the conduct and work activity of the applicant, or employee, prior to and following the criminal activity;       (5)   evidence of the applicant’s, or employee’s, rehabilitation or rehabilitative effort while incarcerated or following release; and       (6)   other evidence of the applicant’s, or employee’s, present fitness, including letters of recommendation from prosecution, law enforcement, and correctional officers who prosecuted, arrested, or had custodial responsibility for the applicant, or employee; the sheriff and chief of police in the community where the applicant, or employee, resides; and any other persons in contact with the applicant, or employee.    (c)   It is the responsibility of the applicant, to the extent possible, to secure and provide to the director the evidence required to determine present fitness under Subsection (b) of this section.    (d)   A licensee shall maintain a permanent and established place of business at a location within the city where a vehicle tow service is not prohibited by the Dallas Development Code. A licensee shall use only vehicle storage facilities located within the city where a vehicle storage facility is not prohibited by the Dallas Development Code.    (e)   A licensee shall use employees only to provide vehicle tow service; except, that vehicle tow services licensed under this article may subcontract with each other to provide tow service. (Ord. Nos. 19099; 21282; 21435; 24175) SEC. 48A-8.   LICENSE ISSUANCE; FEE; DISPLAY; TRANSFERABILITY; EXPIRATION.    (a)   The director shall, within 30 days after the date of application, issue a vehicle tow service license to an applicant who complies with the provisions of this article.    (b)   A license issued to a vehicle tow service authorizes the licensee and any bona fide employee to engage in vehicle tow service.    (c)   The annual fee for a vehicle tow service license is $362, prorated on the basis of whole months. The fee for issuing a duplicate license for one lost, destroyed, or mutilated is $5. The fee is payable to the director upon issuance of a license. No refund of a license fee will be made.    (d)   A vehicle tow service license issued pursuant to this article must be conspicuously displayed in the vehicle tow service establishment.    (e)   A vehicle tow service license, or any accompanying permit, badge, sticker, ticket, or emblem, is not assignable or transferable.    (f)   A vehicle tow service license expires June 30 of each year and may be renewed by applying in accordance with Section 48A-6. Application for renewal must be made not less than 30 days or more than 60 days before expiration of the license and must be accompanied by the annual license fee. (Ord. Nos. 19099; 19300; 21435; 24175; 30215) SEC. 48A-9.   REFUSAL TO ISSUE OR RENEW LICENSE.    (a)   The director shall refuse to issue or renew a vehicle tow service license if the applicant or licensee:       (1)   intentionally or knowingly makes a false statement as to a material matter in an application for a license or license renewal, or in a hearing concerning the license;       (2)   has been convicted twice within a 12-month period or three times within a 24-month period for violation of this chapter or has had a vehicle tow service license revoked within two years prior to the date of application;       (3)   uses a trade name for the vehicle tow service other than the one registered with the director;       (4)   is not qualified under Section 48A-7 of this article;       (5)   uses a subcontractor to provide vehicle tow service, unless the use of the subcontractor is authorized pursuant to Section 48A-7(e) of this chapter; or       (6)   has been finally convicted for violation of another city, state, or federal law that indicates a lack of fitness of the applicant to perform vehicle tow service.    (b)   If the director determines that a license should be denied the applicant or licensee, the director shall notify the applicant or licensee in writing that the application is denied and include in the notice the specific reason or reasons for denial and a statement informing the applicant or licensee of the right to, and process for, appeal of the decision. (Ord. Nos. 19099; 21435; 24175) SEC. 48A-10.   REVOCATION OF LICENSE.    The director shall revoke a vehicle tow service license if the director determines that the licensee has:    (1)   intentionally or knowingly made a false statement as to a material matter in the application or hearing concerning the license;    (2)   intentionally or knowingly failed to comply with applicable provisions of this chapter or with the conditions and limitations of the license;    (3)   operated a towing service not authorized by the license or other applicable law;    (4)   been finally convicted for violation of another city, state, or federal law that indicates a lack of fitness of the licensee to perform vehicle tow service;    (5)   is under indictment for or has been convicted of any felony offense while holding a license;    (6)   does not qualify for a license under Section 48A-7 of this chapter; or    (7)   failed to pay a license fee required under this chapter. (Ord. Nos. 21435; 24175) SEC. 48A-11.   APPEALS.    Any person whose application for a license or license renewal is denied by the director, or a licensee whose license has been revoked or suspended by the director, may file an appeal with a permit and license appeal board in accordance with Section 2-96 of this code. (Ord. Nos. 21435; 24175) ARTICLE III. WRECKER DRIVER’S PERMIT. SEC. 48A-12.   WRECKER DRIVER’S PERMIT REQUIRED.    (a)   A person commits an offense if he operates a wrecker engaged in vehicle tow service in the city without a valid wrecker driver’s permit issued to the person under this article.    (b)   A licensee commits an offense if he employs or otherwise allows a person to operate for compensation a wrecker owned, controlled, or operated by the licensee unless the person has a valid wrecker driver’s permit issued under this article. (Ord. Nos. 21435; 24175) SEC. 48A-13.   QUALIFICATIONS FOR A WRECKER DRIVER’S PERMIT.    (a)   To qualify for a wrecker driver’s permit, an applicant must:       (1)   be at least 19 years of age;       (2)   be currently authorized to work full- time in the United States;       (3)   hold a valid driver’s license issued by the State of Texas;       (4)   be able to communicate in the English language;       (5)   not be afflicted with a physical or mental disease or disability that is likely to prevent the applicant from exercising ordinary and reasonable control over a motor vehicle or that is likely to otherwise endanger the public health or safety, as determined by a medical doctor licensed to practice medicine in the United States;       (6)   not have been convicted of more than four moving traffic violations arising out of separate transactions, nor involved in more than two motor vehicle accidents in which it could be reasonably determined that the applicant was at fault, within any 12 month period during the preceding 36 months;       (7)   not have been convicted of a crime:          (A)   involving:             (i)   criminal homicide as described in Chapter 19 of the Texas Penal Code;             (ii)   kidnapping as described in Chapter 20 of the Texas Penal Code;             (iii)   a sexual offense as described in Chapter 21 of the Texas Penal Code;             (iv)   an assaultive offense as described in Chapter 22 of the Texas Penal Code;             (v)   robbery as described in Chapter 29 of the Texas Penal Code;             (vi)   burglary as described in Chapter 30 of the Texas Penal Code, but only if the offense was committed against a person with whom the applicant came in contact while engaged in vehicle tow service;             (vii)   theft as described in Chapter 31 of the Texas Penal Code, but only if the offense was committed against a person with whom the applicant came in contact while engaged in vehicle tow service;             (viii)   fraud as described in Chapter 32 of the Texas Penal Code, but only if the offense was committed against a person with whom the applicant came in contact while engaged in vehicle tow service;             (ix)   tampering with a governmental record as described in Chapter 37 of the Texas Penal Code, but only if the offense was committed against a person with whom the applicant came in contact while engaged in vehicle tow service;             (x)   public indecency (prostitution or obscenity) as described in Chapter 43 of the Texas Penal Code;             (xi)   the transfer, carrying, or possession of a weapon in violation of Chapter 46 of the Texas Penal Code, or of any comparable state or federal law, but only if the violation is punishable as a felony under the applicable law;             (xii)   a violation of the Dangerous Drugs Act (Article 4476-14, Vernon’s Texas Civil Statutes), or of any comparable state or federal law, that is punishable as a felony under the applicable law;             (xiii)   a violation of the Controlled Substances Act (Article 4476-15, Vernon’s Texas Civil Statutes), or of any comparable state or federal law, that is punishable as a felony under the applicable law; or             (xiv)   criminal attempt to commit any of the offenses listed in Subdivision (7)(A)(i) through (xiii) of this subsection;          (B)   for which:             (i)   less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the applicant was convicted of a misdemeanor offense;             (ii)   less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the applicant was convicted of a felony offense; or             (iii)   less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if, within any 24-month period, the applicant has two or more convictions of any misdemeanor offense or combination of misdemeanor offenses;       (8)   not have been convicted of, or discharged by probation or deferred adjudication for, driving while intoxicated:          (A)   within the preceding 12 months; or          (B)   more than one time within the preceding five years;       (9)   not be addicted to the use of alcohol or narcotics;       (10)   be subject to no outstanding warrants of arrest;       (11)   be sanitary and well-groomed in dress and person;       (12)   be employed by the licensee; and       (13)   have successfully completed within the preceding 12 months a defensive driving course approved by the Texas Education Agency and be able to present proof of completion.    (b)   An applicant who has been convicted of an offense listed in Subsection (a)(7) or (8), for which the required time period has elapsed since the date of conviction or the date of release from confinement imposed for the conviction, may qualify for a wrecker driver’s permit only if the director determines that the applicant is presently fit to engage in the occupation of a wrecker driver. In determining present fitness under this section, the director shall consider the following:       (1)   the extent and nature of the applicant’s past criminal activity;       (2)   the age of the applicant at the time of the commission of the crime;       (3)   the amount of time that has elapsed since the applicant’s last criminal activity;       (4)   the conduct and work activity of the applicant prior to and following the criminal activity;       (5)   evidence of the applicant’s rehabilitation or rehabilitative effort while incarcerated or following release; and       (6)   other evidence of the applicant’s present fitness, including letters of recommendation from prosecution, law enforcement, and correctional officers who prosecuted, arrested, or had custodial responsibility for the applicant; the sheriff and chief of police in the community where the applicant resides; and any other persons in contact with the applicant.    (c)   It is the responsibility of the applicant, to the extent possible, to secure and provide to the director the evidence required to determine present fitness under Subsection (b) of this section and under Section 48A-19 of this article. (Ord. Nos. 21435; 24175) SEC. 48A-14.   APPLICATION FOR WRECKER DRIVER’S PERMIT; FEE.    To obtain a wrecker driver's permit, or renewal of a wrecker driver's permit, a person must file with the director a completed written application on a form provided for the purpose and a nonrefundable application fee of $32. The director shall require each application to state such information as the director reasonably considers necessary to determine whether an applicant is qualified. (Ord. Nos. 21435; 24175; 27695; 30215) SEC. 48A-15.   INVESTIGATION OF APPLICATION.    (a)   For the purpose of determining qualification under Section 48A-13(a)(5), the director may require an applicant to submit to a physical examination conducted by a licensed physician, at applicant’s expense, and to furnish to the director a signed statement from the physician certifying that the physician has examined the applicant and that in the physician’s professional opinion the applicant is qualified under Section 48A-13(a)(5).    (b)   Upon request of the director, the police department shall investigate each applicant and furnish the director a report concerning the applicant’s qualification under Section 48A-13. The municipal court shall furnish the director a copy of the applicant’s motor vehicle driving record and a list of any warrants of arrest for the applicant which might be outstanding.    (c)   The director may conduct such other investigation as the director considers necessary to determine whether an applicant for a wrecker driver’s permit is qualified.    (d)   The director shall provide the applicant, upon written request, a copy of all materials contained in the applicant’s file to the extent allowed under the Public Information Act (Chapter 552, Texas Government Code), as amended. (Ord. Nos. 21435; 24175) SEC. 48A-16.   ISSUANCE AND DENIAL OF WRECKER DRIVER’S PERMIT.    (a)   The director shall issue a wrecker driver’s permit to an applicant, unless the director determines that the applicant is not qualified.    (b)   The director shall delay until final adjudication the approval of the application of any applicant who is under indictment for or has charges pending for:       (1)   a felony offense involving a crime described in Section 48A-13(a)(7)(A)(i), (ii), (iii), (iv), or (v) or criminal attempt to commit any of those offenses; or       (2)   any offense involving driving while intoxicated.    (c)   The director shall deny the application for a wrecker driver’s permit if the applicant:       (1)   is not qualified under Section 48A-13;       (2)   refuses to submit to or does not pass a medical examination authorized under Section 48A-15(a); or       (3)   intentionally or knowingly makes a false statement of a material fact in an application for a wrecker driver’s permit.    (d)   If the director determines that a permit should be denied the applicant, the director shall notify the applicant in writing that the application is denied and include in the notice the specific reason or reasons for denial and a statement informing the applicant of the right to, and process for, appeal of the decision. (Ord. Nos. 21435; 24175) SEC. 48A-17.   EXPIRATION OF WRECKER DRIVER’S PERMIT; VOIDANCE UPON SUSPENSION OR REVOCATION OF STATE DRIVER’S LICENSE.    (a)   Except in the case of a probationary or provisional permit, a wrecker driver’s permit expires one year from the date of issuance.    (b)   If a permittee’s state driver’s license is suspended or revoked by the state, the wrecker driver’s permit automatically becomes void. A permittee shall notify the director and the licensee for whom the permittee drives within three days of a suspension or revocation of a state driver’s license and shall immediately surrender the wrecker driver’s permit to the director. (Ord. Nos. 21435; 24175) SEC. 48A-18.   PROVISIONAL PERMIT.    (a)   The director may issue a provisional wrecker driver’s permit if the director determines that it is necessary pending completion of investigation of an applicant for a wrecker driver’s permit.    (b)   A provisional wrecker driver’s permit expires on the date shown on the permit, which date shall not exceed 45 days after the date of issuance, or on the date the applicant is denied a wrecker driver’s permit, whichever occurs first.    (c)   The director shall not issue a provisional permit to a person who has been previously denied a wrecker driver’s permit. (Ord. Nos. 21435; 24175) SEC. 48A-19.   PROBATIONARY PERMIT.    (a)   The director may issue a probationary wrecker driver’s permit to an applicant who is not qualified for a wrecker driver’s permit under Section 48A-13 if the applicant:       (1)   could qualify under Section 48A-13 for a wrecker driver’s permit within one year from the date of application;       (2)   holds a valid state driver’s license or occupational driver’s license; and       (3)   is determined by the director, using the criteria listed in Section 48A-13(b) of this article, to be presently fit to engage in the occupation of a wrecker driver.    (b)   A probationary wrecker driver’s permit may be issued for a period not to exceed one year.    (c)   The director may prescribe appropriate terms and conditions for a probationary wrecker driver’s permit as the director determines are necessary. (Ord. Nos. 21435; 24175) SEC. 48A-20.   DUPLICATE PERMIT.    If a wrecker driver's permit is lost or destroyed, the director shall issue the permittee a duplicate permit upon payment to the city of a duplicate permit fee of $16. (Ord. Nos. 21435; 24175; 27695; 30215) SEC. 48A-21.   DISPLAY OF PERMIT.    A wrecker driver shall at all times conspicuously display a wrecker driver’s permit on the clothing of the driver’s upper body. A wrecker driver shall allow the director or a peace officer to examine the wrecker driver’s permit upon request. (Ord. Nos. 21435; 24175) SEC. 48A-22.   SUSPENSION BY A DESIGNATED REPRESENTATIVE.    (a)   If a duly authorized representative designated by the director to enforce this chapter determines that a permittee has failed to comply with this chapter (except Section 48A-13) or a regulation established under this chapter, the representative may suspend the wrecker driver’s permit for a period of time not to exceed three days by personally serving the permittee with a written notice of the suspension. The written notice must include the reason for suspension, the date the suspension begins, the duration of the suspension, and a statement informing the permittee of the right of appeal.    (b)   A suspension under this section may be appealed to the director or the director’s assistant if the permittee requests an appeal at the time the representative serves notice of suspension or within 10 days after the notice of suspension is served. When an appeal is requested, the suspension may not take effect until a hearing is provided by the director or the director’s assistant.    (c)   The director may order an expedited hearing under this section, to be held as soon as possible after the permittee requests an appeal, but at least 10 days advance notice of the hearing must be given to the permittee. The director may affirm, reverse, or modify the order of the representative. The decision of the director is final. (Ord. Nos. 21435; 24175) SEC. 48A-23.   SUSPENSION OF WRECKER DRIVER’S PERMIT.    (a)   If the director determines that a permittee has failed to comply with this chapter (except Section 48A-13) or any regulation established under this chapter, the director shall suspend the wrecker driver’s permit for a definite period of time not to exceed 60 days.    (b)   If at any time the director determines that a permittee is not qualified under Section 48A-13, or is under indictment or has charges pending for any offense involving driving while intoxicated or a felony offense involving a crime described in Section 48A-13(a)(7)(A)(i), (ii), (iii), (iv), or (v) or criminal attempt to commit any of those offenses, the director shall suspend the wrecker driver’s permit until such time as the director determines that the permittee is qualified or that the charges against the permittee have been finally adjudicated.    (c)   A permittee whose wrecker driver’s permit is suspended shall not drive a wrecker for a vehicle tow service inside the city during the period of suspension.    (d)   The director shall notify the permittee in writing of a suspension under this section and include in the notice:       (1)   the reason for the suspension;       (2)   the date the suspension is to begin;       (3)   the duration of the suspension; and       (4)   a statement informing the permittee of the right of appeal.    (e)   The period of suspension begins on the date specified by the director or, in the case of an appeal, on the date ordered by the appeal hearing officer. (Ord. Nos. 19099; 21282; 21435; 24175) SEC. 48A-24.   REVOCATION OF WRECKER DRIVER’S PERMIT.    (a) The director shall revoke a wrecker driver’s permit if the director determines that a permittee:       (1)   operated a wrecker inside the city for a vehicle tow service during a period when the wrecker driver’s permit was suspended;       (2)   intentionally or knowingly made a false statement of a material fact in an application for a wrecker driver’s permit;       (3)   engaged in conduct that constitutes a ground for suspension under Section 48A-23 (a), and, at least two times within the 12-month period preceding the conduct or three times within the 24- month period preceding the conduct, had received either a suspension in excess of three days or a conviction for violation of this chapter;       (4)   engaged in conduct that could reasonably be determined to be detrimental to the public safety;       (5)   failed to comply with a condition of a probationary permit; or       (6)   is under indictment for or has been convicted of any felony offense while holding a wrecker driver’s permit.    (b)   A person whose wrecker driver’s permit is revoked shall not:       (1)   apply for another wrecker driver’s permit before the expiration of 12 months from the date the director revokes the permit or, in the case of an appeal, the date the appeal hearing officer affirms the revocation; or       (2)   operate a wrecker for a vehicle tow service inside the city.    (c)   The director shall notify the permittee and the licensee in writing of a revocation and include in the notice:       (1)   the specific reason or reasons for the revocation;       (2)   the date the director orders the revocation; and       (3)   a statement informing the permittee of the right to, and process for, appeal of the decision. (Ord. Nos. 19099; 21282; 21435; 24175) SEC. 48A-25.   WRECKER OPERATION AFTER SUSPENSION OR REVOCATION.    (a)   After receipt of a notice of suspension, revocation, or denial of permit renewal, the permittee shall, on the date specified in the notice, surrender the wrecker driver’s permit to the director and discontinue operating a wrecker for a vehicle tow service inside the city.    (b)   Notwithstanding Section 48A-23(c), Section 48A-24(b), and Subsection (a) of this section, if the permittee appeals a suspension or revocation under this section, the permittee may continue to operate a wrecker for a vehicle tow service pending the appeal unless:       (1)   the permittee’s wrecker driver’s permit is suspended pursuant to Section 48A-23(b) or revoked pursuant to Section 48A-24(a)(6) of this article; or       (2)   the director determines that continued operation by the permittee would impose a serious and imminent threat to the public safety. (Ord. Nos. 19099; 21282; 21435; 24175) SEC. 48A-26.   APPEAL FROM DENIAL, SUSPENSION, OR REVOCATION.    (a)   If the director denies, suspends, or revokes a wrecker driver’s permit, the action is final unless the permittee files an appeal, in writing, with the city manager not more than 10 business days after notice of the director’s action is received.    (b)   The city manager or a designated representative shall act as the appeal hearing officer in an appeal hearing under this section. The hearing officer shall give the appealing party an opportunity to present evidence and make argument. The formal rules of evidence do not apply to an appeal hearing under this section, and the hearing officer shall make a ruling on the basis of a preponderance of the evidence presented at the hearing.    (c)   The hearing officer may affirm, modify, or reverse all or part of the action of the director being appealed. The decision of the hearing officer is final as to available administrative remedies. (Ord. Nos. 19099; 21435; 24175) ARTICLE IV. MISCELLANEOUS LICENSEE AND DRIVER REGULATIONS. SEC. 48A-27.   LICENSEE’S AND DRIVER’S DUTY TO COMPLY.    (a)   Licensee. In the operation of a vehicle tow service, a licensee shall comply with the terms and conditions of the vehicle tow service license and, except to the extent expressly provided otherwise by the license, shall comply with this chapter, rules and regulations established under this chapter, and other law applicable to the operation of a vehicle tow service.    (b)   Driver. While on duty, a driver shall comply with this chapter, regulations established under this chapter, other law applicable to the operation of a motor vehicle in this state, and orders issued by the licensee employing, or contracting with, the driver in connection with the licensee’s discharging of its duty under its vehicle tow service license and this chapter. (Ord. Nos. 21435; 24175) SEC. 48A-28.   LICENSEE’S DUTY TO ENFORCE COMPLIANCE BY DRIVERS.    (a)   A licensee shall establish policy and take action to discourage, prevent, or correct violations of this chapter by drivers who are employed by, or under contract to, the licensee.    (b)   A licensee shall not permit a driver who is employed by, or under contract to, the licensee to drive a wrecker if the licensee knows or has reasonable cause to suspect that the driver has failed to comply with this chapter, the rules and regulations established by the director, or other applicable law. (Ord. Nos. 21435; 24175) SEC. 48A-29.   INSURANCE.    (a)   A licensee shall procure and keep in full force and effect automobile liability insurance written by an insurance company that:       (1)   is approved, licensed, or authorized by the State of Texas;       (2)   is acceptable to the city; and       (3)   does not violate the ownership/ operational control prohibition described in Subsection (j) of this section.    (b)   The insurance must be issued in the standard form approved by the Texas Department of Insurance, and all provisions of the policy must be acceptable to the city. The insured provisions of the policy must name the city and its officers and employees as additional insureds. The coverage provisions must provide coverage for any loss or damage that may arise to any person or property by reason of the operation of a vehicle tow service by the licensee, including but not limited to damage to a towed vehicle caused directly or indirectly by improper hookup or improper towing.    (c)   The automobile liability insurance must provide combined single limits of liability for bodily injury and property damage of not less than $500,000 for each occurrence, or the equivalent, for each wrecker used by the licensee. Aggregate limits of liability are prohibited.    (d)   The insurance for vehicles while being loaded, unloaded, or transported must provide limits of liability of not less than $25,000 for each light duty wrecker and $50,000 for each medium duty or heavy duty wrecker.    (e)   If a vehicle is removed from service, the licensee shall maintain the insurance coverage required by this section for the vehicle until the director receives satisfactory proof that all evidence of operation as a wrecker for a vehicle tow service has been removed from the vehicle.    (f)   The insurance required under this section must include:       (1)   a cancellation provision in which the insurance company is required to notify the director in writing not fewer than 30 days before canceling, failing to renew, or making a material change to the insurance policy;       (2)   a provision to cover all vehicles, whether owned or not owned by the licensee, that are operated under the license, except for any vehicle that:          (A)   has been subcontracted from another licensee pursuant to Section 48A-7(e) of this chapter; and          (B)   is covered by insurance of the other licensee that meets the requirements of this chapter and that includes coverage for use of the vehicle by subcontractors; and       (3)   a provision requiring the insurance company to pay every claim on a first-dollar basis.    (g)   Insurance required by this section may be obtained from an assigned risk pool if all of the policies and coverages are managed by one agent, and one certificate of insurance is issued to the city.    (h)   A license will not be granted or renewed unless the applicant or licensee furnishes the director with such proof of insurance as the director considers necessary to determine whether the applicant or licensee is adequately insured under this section.    (i)   If the insurance of a licensee lapses or is canceled and new insurance is not obtained, the director shall suspend the license until the licensee provides evidence that insurance coverage required by this section has been obtained. A person shall not operate a vehicle tow service while a license is suspended under this section whether or not the action is appealed. A $105 fee must be paid before a license suspended under this section will be reinstated.    (j)   No person with any direct or indirect ownership interest in the licensee’s vehicle tow service may have any operational control, direct or indirect, in any insurance company that provides insurance required by this section to the vehicle tow service. For purposes of this subsection, “operational control” means holding any management position with the insurance company (including, but not limited to, the chief executive officer, the president, any vice-president, or any person in a decision- making position with respect to insurance claims) or having the right to control the actions or decisions of any person in such a management position in the insurance company. (Ord. Nos. 19099; 21435; 23106; 24175; 25215; 30215) SEC. 48A-30.   INFORMATION TO BE SUPPLIED UPON REQUEST OF DIRECTOR.    Upon request of the director, a licensee shall submit to the director the following information:    (1)   a current consolidated list of vehicles;    (2)   a current financial statement that includes a balance sheet and income statement;    (3)   names of current officers, owners, and managers; and    (4)   a list of current drivers employed by the licensee, with their wrecker driver’s permits indicated. (Ord. Nos. 21435; 24175) SEC. 48A-31.   VEHICLE TOW SERVICE RECORDS.    For each vehicle towed by a vehicle tow service, a licensee shall retain any record required pursuant to this chapter, including, but not limited to, towing agreements, photographs, written authorizations for removal, and wrecker slips or tickets, for not less than one year from the date of removal of the vehicle. The licensee shall make the vehicle tow service records available for inspection by the director upon reasonable notice and request. (Ord. Nos. 19099; 21435; 24175) SEC. 48A-32.   FAILURE TO PAY AD VALOREM TAXES.    A licensee or an applicant for a vehicle tow service license shall not allow the payment of ad valorem taxes upon any vehicle, equipment, or other property used directly or indirectly in connection with the vehicle tow service to become delinquent. (Ord. Nos. 21435; 24175) ARTICLE V. SERVICE RULES AND REGULATIONS. SEC. 48A-33.   REMOVAL OF VEHICLES FROM PUBLIC RIGHTS-OF-WAY.    (a)   A licensee commits an offense if, without a valid emergency wrecker service license issued under Chapter 15D of this code, he, either personally or through an employee, subcontractor, or agent, removes a vehicle from:       (1)   a public street; or       (2)   any area between the property line of private property abutting a public street and the center line of the street’s drainage way or the curb of the street, whichever is farther from the property line of the private property.    (b)   It is a defense to prosecution under Subsection (a) that the vehicle was removed:       (1)   from a portion of public right-of-way leased by the city to the person requesting removal of the vehicle, if such removal was not prohibited by the lease;       (2)   by a vehicle tow service currently licensed under this chapter; and       (3)   in compliance with all requirements of this chapter and any other applicable city ordinance or state or federal law. (Ord. Nos. 19099; 21435; 23106; 24175) SEC. 48A-34.   REMOVAL OF AUTHORIZED VEHICLES PROHIBITED.    A person commits an offense if he intentionally or knowingly removes or causes the removal of a vehicle, other than an illegally parked or unauthorized vehicle, from private property. (Ord. Nos. 19099; 21435; 24175) SEC. 48A-35.   FINANCIAL INTERESTS OF PRIVATE PROPERTY OWNER AND LICENSEE PROHIBITED.    (a)   A licensee commits an offense if he, either personally or through an employee, subcontractor, or agent:       (1)   directly or indirectly gives anything of value, other than a sign or notice required to be posted under this chapter, to a private property owner in connection with the removal of a vehicle from the private property; or       (2)   has a direct or indirect monetary interest in private property from which the licensee for compensation removes an unauthorized vehicle.    (b)   An owner of private property commits an offense if he:       (1)   accepts anything of value, other than a sign or notice required to be posted under this chapter, from a vehicle tow service in connection with the removal of a vehicle from the private property; or       (2)   has a direct or indirect monetary interest in a vehicle tow service that for compensation removes an unauthorized vehicle from the private property.    (c)   It is a defense to prosecution under Subsections (a)(2) and (b)(2) that the private property from which the vehicle is removed is a vehicle storage facility licensed under the Texas Vehicle Storage Facility Act. (Ord. Nos. 19099; 21435; 23106; 24175) SEC. 48A-36.   REQUIREMENTS FOR POSTINGSIGNS.    (a)   A person commits an offense if he removes or causes the removal of a vehicle from private property without signs being posted and maintained on the private property in accordance with this section at the time of towing and for at least 24 hours prior to removal of the vehicle.     (b)   Except as otherwise provided by Section 48A-36.2 of this chapter, at least one sign must be placed on the right or left side of each driveway access or curb cut allowing access to the private property. If curbs, access barriers, landscaping, or driveways do not establish definite vehicle entrances onto private property from a public roadway, other than an alley, or if the width of an entrance exceeds 35 feet, signs must be placed at intervals along the entrance so that no entrance is farther than 25 feet from a sign. At least two signs must be placed on the interior of the private property. The director may require one additional interior sign to be posted for each 50 parking spaces over 150 contained on the property.    (c)   Each sign required by Subsection (b) to be placed upon private property must:       (1)   be approved by the director;       (2)   contain:          (A)   a bright red international towing symbol, at least four inches high, located on the uppermost portion of the sign or on a separate sign placed immediately above the sign;          (B)   the following information immediately below the international towing symbol in white letters on a bright red background:             (i)   the words “TOWING ENFORCED” in two-inch high letters; and             (ii)   a statement describing who may park at the location and prohibiting all others;          (C)   the following information on the next lower portion of the sign in bright red letters at least one inch high on a white background:             (i)   the words, “Unauthorized Vehicles Will Be Towed at Owner’s or Operator’s Expense”; and             (ii)   the days and hours towing is enforced at the location, which may be satisfied by a statement that towing is enforced at all times;          (D)   the following information on the bottommost portion of the sign in white letters at least one inch high on a bright red background:             (i)   the name, street address, and current telephone number, including area code, of the vehicle tow service;             (ii)   the name, street address, and current telephone number, including area code, of the vehicle storage facility to which the vehicle will be towed, if different from the vehicle tow service; and             (iii)   a telephone number answered 24 hours a day at which a vehicle owner or operator may obtain information to locate the vehicle, if different from the telephone numbers listed in Subparagraph (D)(i) and (D)(ii);       (3)   be at least 24 inches tall and 18 inches wide and constructed of a rigid weather-resistant metal;       (4)   be permanently mounted on a pole, post, permanent wall, or permanent barrier;       (5)   be readable day and night;       (6)   be permanently installed on the private property in a manner and location approved by the director so that the sign is facing and conspicuous to any person entering the property; and        (7)   be posted so that the bottom edge of the sign is not lower than five feet nor higher than eight feet above ground level.    (d)   In addition to the signs required to be posted under Subsection (b) of this section, the following two signs must be posted and maintained on the interior of the private property in a location and manner approved by the director:       (1)   The first sign must meet all of the requirements of Subsection (c) of this section, except that all wording must be in Spanish instead of English and the translation must be approved by the director.       (2)   The second sign must comply with form, size, color, and wording requirements established by rule or regulation of the director and must include the following information in both English and Spanish:          (A)   the maximum towage fees that may be charged under this chapter and a statement that additional storage, preservation, and notification fees may be charged under the Vehicle Storage Facility Act; and          (B)   a statement of how and to whom a complaint concerning a vehicle’s removal or a violation of this chapter can be made.    (e)   A person commits an offense if, on the same private property, he posts or allows the posting of a sign or signs indicating:       (1)   the name of more than one vehicle tow service; or       (2)   the name, address, or telephone number of more than one vehicle storage facility.    (f)   A person commits an offense if he removes or obstructs or allows the removal or obstruction of a sign required by this section to be posted on private property. It is a defense to prosecution under this subsection that the removal or obstruction was caused by:       (1)   a city employee in the performance of official duties; or       (2)   the property owner or a licensee or driver of a vehicle tow service authorized by the property owner for the purpose of:          (A)   repairing or maintaining the sign;          (B)   complying with this chapter or a rule or regulation promulgated under this chapter; or          (C)   terminating a vehicle tow service agreement for the private property.    (g)   A minor variation of a required or minimum height of a sign or lettering is not a violation of this chapter.    (h)   It is a defense to prosecution under Subsection (a) of this section that:       (1)   before the vehicle was removed, the property owner provided the owner or operator of the vehicle with notice complying with Section 684.012(b) and (c) of the Texas Transportation Code (which requires the notice to be attached to the vehicle and sent certified mail to the vehicle’s registered owner), and the vehicle tow service received written verification from the property owner that the required notice was given; or       (2)   the vehicle was removed by or under the direction of a peace officer. [Ord. Nos. 19099; 21435; 23106; 24175, § 48A-36(d) effective 2-1-01] SEC. 48A-36.1.   INDIVIDUAL PARKING RESTRICTIONS IN RESTRICTED AREA.    (a)   A private property owner who complies with Section 48A-36 of this chapter may impose further specific parking restrictions in an area to which the signs apply for individual spaces by installing or painting a weather-resistant sign or notice on a curb, pole, post, permanent wall, or permanent barrier so that the sign is in front of a vehicle that is parked in the space when the rear of the vehicle is at the entrance of the space.    (b)   The top of the sign or notice may not be higher than seven feet above the ground.    (c)   The sign or notice must include an indication that the space is reserved for a particular unit number, person, or type of person.    (d)   The letters on the sign or notice must be at least two inches in height and must contrast to the color of the curb, wall, or barrier so they can be read during the day and at night. The letters are not required to be illuminated or made of reflective material. (Ord. Nos. 23106; 24175) SEC. 48A-36.2.   DESIGNATION OF RESTRICTED PARKING SPACES IN OTHERWISE UNRESTRICTED AREA.    If a private property owner wishes to designate one or more spaces as restricted parking spaces on a portion of private property that is otherwise unrestricted as to parking, the owner must, instead of installing a sign at each entrance to the private property as provided by Section 48A-36(b) of this chapter, place a sign that prohibits unauthorized vehicles from parking in the designated spaces and that otherwise complies with Section 48A-36:       (1)   at the right or left side of each entrance to the designated area or group of parking spaces located on the portion of the private property on which parking is restricted; or       (2)   at the end of each restricted parking space so that the sign, the top of which may not be higher than seven feet above the ground, is in front of any vehicle that is parked in the space when the rear of the vehicle is at the entrance of the space. (Ord. Nos. 23106; 24175) SEC. 48A-37.   AUTHORIZATION FOR REMOVAL.    (a)   A person commits an offense if he removes or causes the removal of a vehicle from private property unless, at the time the vehicle is to be removed:       (1)   the property owner signs written authorization for removal of the vehicle by the vehicle tow service; or       (2)   a current written agreement exists between the property owner and the vehicle tow service authorizing removal of illegally parked or unauthorized vehicles from the property and a photograph is taken reasonably showing that the removed vehicle was unauthorized or illegally parked on the property.    (b)   The written authorization for removal required by Subsection (a)(1) must contain:       (1)   a description of the vehicle to be removed, including the year, make, model, color, state license plate number, and vehicle identification number of the vehicle;       (2)   the date and time of the vehicle’s removal;       (3)   the location from which the vehicle is removed;       (4)   the reasons for removing the vehicle; and       (5)   the signature of the property owner.    (c)   The written agreement required by Subsection (a)(2) must:       (1)   contain a clear election, signed by the property owner or the property owner’s duly authorized agent, as to whether the vehicle tow service is authorized to remove illegally parked and unauthorized vehicles from the property 24 hours a day, seven days a week or only during the normal business hours of the property owner; and       (2)   be renewed at least every two years and whenever there is a change in ownership of the property. (Ord. Nos. 19099; 21435; 24175) SEC. 48A-38.   RELEASE OF A VEHICLE PRIOR TO REMOVAL.    A licensee or permittee commits an offense if he, either personally or through an employee, subcontractor, or agent, fails to release a vehicle without charge to the vehicle owner or operator, or to the property owner, if the release is requested before the vehicle is removed from the private property on which the vehicle is parked. (Ord. Nos. 19099; 21435; 24175) SEC. 48A-39.   REMOVAL OF A VEHICLE WITH A WRECKER.    A licensee or permittee commits an offense if he, either personally or through an employee, subcontractor, or agent, removes a vehicle from private property without:       (1)   using a wrecker; or       (2)   first completing every procedure required to secure the vehicle to the wrecker or wrecker equipment, including the attachment of any safety chains, so that the vehicle may be safely towed. (Ord. Nos. 19099; 21435; 24175) SEC. 48A-40.   NOTIFICATION OF POLICE DEPARTMENT; WRECKER SLIPS OR TICKETS.    (a)   A licensee or permittee commits an offense if he, either personally or through an employee, subcontractor, or agent, fails to notify the police department and obtain a tow number within one hour after the removal of each vehicle from private property.    (b)   When notifying the police department for the purpose of obtaining a tow number, the licensee or permittee shall provide the following information:       (1)   the location from which the vehicle was removed and the date and time of removal;       (2)   the reason for removal of the vehicle;       (3)   a physical description of the removed vehicle, including the year, make, model, color, state license plate number, and vehicle identification number of the vehicle;       (4)   the trade name of the vehicle tow service; and       (5)   the name, address, and telephone number of the vehicle storage facility to which the vehicle was taken.    (c)   Upon delivering a vehicle to a vehicle storage facility, the licensee shall provide to the vehicle storage facility a copy of a wrecker slip or ticket containing all of the information required in Subsection (b) and the tow number issued by the police department.    (d)   A vehicle storage facility commits an offense if, within two hours after accepting a towed vehicle, it fails to report to the police department the information required by Subsections (b)(1), (3), (4), and (5) of this section. (Ord. Nos. 19099; 21435; 23106; 24175) SEC. 48A-41.   NOTIFICATION OF VEHICLE OWNER.    A licensee or permittee shall provide the owner of any vehicle removed from private property by the licensee with written notice of how and to whom a complaint concerning the vehicle’s removal or a violation of this chapter can be made. The notice must specifically state that the vehicle owner has the right to challenge the legality of the tow under Chapter 685, Texas Transportation Code, as amended, and describe the process required for the challenge. (Ord. Nos. 21435; 23106; 24175) SEC. 48A-42.   REMOVAL TO VEHICLE STORAGE FACILITY.    (a)   A person commits an offense if he removes or causes the removal of any vehicle from private property to:       (1)   any location other than the vehicle storage facility indicated on the signs required by Section 48A-36 of this article; or       (2)   a vehicle storage facility that:          (A)   is not currently licensed under the Texas Vehicle Storage Facility Act or not in compliance with that act or any rule or regulation promulgated pursuant to that act;          (B)   is located outside the city or located inside the city in violation of the Dallas Development Code; or          (C)   does not have a sign posted conspicuously at its entrance notifying the vehicle owner of the right to challenge the legality of the tow under Chapter 685, Texas Transportation Code, as amended.    (b)   A licensee or a permittee commits an offense if he, either personally or through an employee, subcontractor, or agent:       (1)   fails to remove a vehicle from private property to a vehicle storage facility by the most direct and expeditious route; or       (2)   stops at another location while transporting a vehicle removed from private property to a vehicle storage facility. (Ord. Nos. 19099; 21435; 23106; 24175) ARTICLE VI. VEHICLE TOW SERVICE FEES. SEC. 48A-43.   MAXIMUM FEE SCHEDULE.    (a)   The maximum fee that a licensee or permittee may charge for vehicle tow service, regardless of whether a tilt-bed wrecker or a conventional wrecker is used, is:       (1)   $121 for towage of a vehicle with a manufacturer’s gross vehicle weight rating of not more than 10,000 pounds;       (2)   $191 for towage of a vehicle with a manufacturer’s gross vehicle weight rating of more than 10,000 pounds but not more than 26,000 pounds; and       (3)   $445 for towage of a vehicle with a manufacturer’s gross vehicle weight rating of more than 26,000 pounds.    (b)   No additional fee may be charged for linkage of a vehicle prior to a tow or for the use of dollies or go-jacks.    (c)   If a licensee or permittee tows a stolen vehicle, or a vehicle later determined to be stolen, the licensee or permittee may charge the lawful owner of the vehicle no more than the maximum fee for towage. A vehicle tow service may not charge a fee to the police department if the police department takes custody of a stolen vehicle.    (d)   A licensee or permittee commits an offense if he, either personally or through an employee, subcontractor, or agent, charges:       (1)   more than the maximum fee allowed by this section for the particular vehicle towed; or       (2)   any fee in addition to:          (A)   a towage fee lawfully charged under this section; or          (B)   a storage, preservation, or notification fee lawfully charged under the Vehicle Storage Facility Act.    (e)   A licensee or permittee shall provide a vehicle owner the option of paying the fee for vehicle tow service by cash or a major credit card. (Ord. Nos. 19099; 19300; 21435; 23106; 24175; 25812; 27721) SEC. 48A-43.1.   TOWING FEE STUDIES.    (a)   Upon the request of one or more vehicle tow service licensees that, either alone or together, accounted for 50 percent or more of the nonconsent tows performed in the city during the preceding license term as determined by the director according to city records, the city shall, either through its employees or a contractor, conduct a towing fee study for the purpose of determining the fair market value of the services of a vehicle tow service business performing nonconsent tows originating in the city. The fair market value of such services must be reasonably related to any financial or accounting information provided to the city relating to vehicle tow service.    (b)   A request for a towing fee study must be in writing and filed with the director by one of the following methods:       (1)   Certified United States mail, return receipt requested.       (2)   Certified electronic transmission.       (3)   Hand delivery.    (c)   After an initial request for a towing fee study is filed with the director, other vehicle tow service licensees may join in that request by also filing requests with the director in accordance with Subsection (b). If, within 90 days after the director receives the initial request for a towing fee study, the director determines that all of the licensees joining in the request, when considered together, account for less than 50 percent of the nonconsent tows performed in the city during the preceding license term, then the city will not conduct a towing fee study.    (d)   Before the city will begin conducting a towing fee study, the vehicle tow service licensee or licensees requesting the study shall deposit with the director a fee of $5,000 to partially defray the city’s cost of conducting the study. If the study is not conducted, the fee will be refunded to the licensee or licensees paying the fee, less an administrative fee of $250 for processing the request.    (e)   Each vehicle tow service licensee requesting the towing fee study shall cooperate with the city to conduct the study. Each licensee shall provide to the city any reasonable information determined by the director to be needed to conduct a meaningful fee study, including, but not limited to, the following:       (1)   An audited financial statement not more than one year old that reflects the current financial status of the vehicle tow service business and includes an itemized statement of revenues and expenses. The audited financial statement must have been prepared by an independent certified public accountant.       (2)   The number of employees of the licensee, including drivers and dispatchers, and each employee’s position and annual compensation with the vehicle tow service business.       (3)   Identification of all equipment owned or leased by the licensee that is used for conducting the vehicle tow service business, including a statement of the costs of acquiring or leasing the equipment.       (4)   Copies of the past three years tax returns for the vehicle tow service business.    (f)   All information provided by the vehicle tow service licensees relating to the towing fee study will be kept confidential to the maximum extent allowed by law.    (g)   The city shall complete a towing fee study within 120 calendar days after receiving all information required under Subsections (e)(1), (2), (3), and (4) from the vehicle tow service licensees requesting the fee study.    (h)   Upon completion of the towing fee study, the city council transportation and telecommunications committee shall receive the results of the study and hold a public hearing on whether the maximum fees for nonconsent tows originating in the city should be increased, decreased, or maintained at the same rates. The director shall give written notice of the time, date, and location of the public hearing to each vehicle tow service licensee. The notice must be sent by United States regular mail to the licensee’s address listed in the latest license application on file with the director.    (i)   Based on the towing fee study, the public hearing, and other information presented to it, the transportation and telecommunications committee shall determine whether an adjustment in the nonconsent towing fees is justified. The committee shall then recommend to the city council whether the fees should be increased, decreased, or maintained at the same rates.    (j)   Upon receiving the recommendation of the transportation and telecommunication committee, the city council shall adopt an ordinance that increases or decreases the maximum fees for nonconsent tows or that makes a finding that an adjustment to nonconsent towing fees is not justified. The maximum fees resulting from the city council’s action must represent the fair market value of the services of a vehicle tow service business performing nonconsent tows originating in the city and be reasonably related to any financial or accounting information provided to the city relating to vehicle tow service.    (k)   No more than one towing fee study will be conducted within a four-year time period measured from the last date the city council adopted an ordinance that, based on a towing fee study, either adjusted the towing fees or found that an adjustment in towing fees was not justified. (Ord. 25812) ARTICLE VII. VEHICLES AND EQUIPMENT. SEC. 48A-44.   VEHICLES AND EQUIPMENT.    (a)   An applicant or licensee shall submit each wrecker to be used in the vehicle tow service for inspection in a manner determined by the director. Each wrecker must:       (1)   if used for towing a vehicle with a manufacturer’s gross vehicle weight rating of not more than 10,000 pounds, meet the requirements for a light duty wrecker;       (2)   if used for towing a vehicle with a manufacturer’s gross vehicle weight rating of more than 10,000 pounds but not more than 26,000 pounds, meet the requirements for a medium duty wrecker;       (3)   if used for towing a vehicle with a manufacturer’s gross vehicle weight rating of more than 26,000 pounds, meet the requirements for a heavy duty wrecker;       (4)   carry, as standard equipment, safety chains and a fire extinguisher;       (5)   be maintained in a safe and good working condition and contain equipment that is maintained in a safe and good working condition; and       (6)   have permanently affixed to each side of the power unit of the wrecker legible letters and numbers, at least two inches high, in a color that contrasts with the power unit, stating the trade name, address (including city and state), and telephone number (including area code) of the vehicle tow service and the motor carrier registration number of the wrecker.    (b)   Upon inspection and approval of each vehicle, the director shall issue a decal to the applicant or licensee. The decal must be affixed securely to the lower right corner of the windshield of the inspected wrecker.    (c)   The director or a peace officer may, at any time, inspect a wrecker used by a licensee for vehicle tow service to determine whether the vehicle complies with this section.    (d)   A licensee or permittee commits an offense if he, either personally or through an employee, subcontractor, or agent, uses a light duty, medium duty, or heavy duty wrecker to tow a vehicle that exceeds the manufacturer’s gross vehicle weight rating allowed to be towed by the particular wrecker under Subsection (a)(1), (2), or (3), whichever is applicable. (Ord. Nos. 19099; 21435; 23106; 24175) ARTICLE VIII. ENFORCEMENT. SEC. 48A-45.   AUTHORITY TO INSPECT.    (a)   The director or a peace officer may inspect any vehicle tow service or vehicle storage facility to determine whether the licensee or permittee complies with this chapter, regulations established under this chapter, or other applicable law.    (b)   A licensee or permittee, either personally or through an employee, subcontractor, or agent, shall not attempt to interfere or refuse to cooperate with the director or a peace officer in the conduct of any investigation or discharge of any duty pursuant to this chapter. (Ord. Nos. 19099; 21435; 24175) SEC. 48A-46.   ENFORCEMENT BY POLICE DEPARTMENT.    Officers of the police department shall assist in the enforcement of this chapter. A police officer upon observing a violation of this chapter, or of any regulation established by the director pursuant to this chapter, shall take necessary enforcement action to insure effective regulation of vehicle tow service and vehicle storage facilities. (Ord. Nos. 19099; 21435; 24175) SEC. 48A-47.   CORRECTION ORDER.    (a)   If the director determines that a licensee, either personally or through an employee, subcontractor, or agent, violates this code, the terms of its license, a regulation established by the director, or other law, the director may notify the licensee in writing of the violation and by written order direct the licensee to correct the violation within a reasonable period of time. In setting the time for correction, the director shall consider the degree of danger to the public health or safety and the nature of the violation. If the violation involves equipment that is unsafe or functioning improperly, the director shall order the licensee to immediately cease use of the equipment.    (b)   If the director determines that a violation constitutes an imminent and serious threat to the public health or safety, the director shall order the licensee to correct the violation immediately, and, if the licensee fails to comply, the director shall promptly take or cause to be taken such action as the director considers necessary to enforce the order immediately.    (c)   The director shall include in a notice issued under this section an identification of the specific violation, the date of issuance of the notice and the time period within which the violation must be corrected, a warning that failure to comply with the order may result in suspension or revocation of license or imposition of a fine or both, and a statement indicating that the order may be appealed to the city manager. (Ord. Nos. 21435; 24175) SEC. 48A-48.   SERVICE OF NOTICE.    (a)   A licensee shall designate and maintain a representative to receive service of notice required under this chapter to be given a licensee.    (b)   Notice required under this chapter to be given to:       (1)   a licensee must be personally served by the director on the licensee or the licensee’s designated representative; or       (2)   a driver permitted by the city under Article III must be personally served or sent by certified United States Mail, five day return receipt requested, to the address, last known to the director, of the person to be notified.    (c)   Notice required under this chapter to be given a person other than a driver permitted under Article III or a licensee may be served in the manner prescribed by Subsection (b)(2).    (d)   Service executed in accordance with this section constitutes notice to the person to whom the notice is addressed. The date of service for notice that is mailed is the date received. (Ord. Nos. 21435; 24175) SEC. 48A-49.   APPEAL.    (a)   A licensee may appeal a correction order issued under Section 48A-47 if an appeal is requested in writing not more than 10 days after notice of the order or action is received.    (b)   The city manager or a designated representative shall act as the appeal hearing officer in an appeal hearing under this section. The hearing officer shall give the appealing party an opportunity to present evidence and make argument. The formal rules of evidence do not apply to an appeal hearing under this section, and the hearing officer shall make a ruling on the basis of a preponderance of evidence presented at the hearing.    (c)   The hearing officer may affirm, modify, or reverse all or a part of the order of the director. The decision of the hearing officer is final. (Ord. Nos. 21435; 24175) SEC. 48A-50.   OFFENSES.    (a)   A person commits an offense if he violates a provision of this chapter applicable to him. A culpable mental state is not required for commission of an offense under this chapter unless the provision defining the conduct expressly requires a culpable mental state. A separate offense is committed each day in which an offense occurs. An offense committed under this chapter is punishable by a fine of not less than $200 nor more than $1,000 as provided by Section 643.253 of the Texas Transportation Code, as amended. The minimum fine established in this subsection shall be doubled for the second conviction of the same offense within any 24-month period and trebled for the third and subsequent convictions of the same offense within any 24-month period. At no time shall the minimum fine exceed the maximum fine established in this subsection.    (b)   Prosecution for an offense under Subsection (a) does not prevent the use of other enforcement remedies or procedures applicable to the person charged with the conduct or involved in the offense. (Ord. Nos. 19099; 19963; 21435; 24175; 25812) CHAPTER 48B VACANT BUILDINGS AND LOTS ARTICLE I. GENERAL PROVISIONS. Sec. 48B-1.   Purpose of chapter. Sec. 48B-2.   Definitions. Sec. 48B-3.   Authority of director. Sec. 48B-4.   Delivery of notices. Sec. 48B-5.   Violations; penalty. ARTICLE II. REGISTRATION AND INSPECTION OF VACANT BUILDINGS IN THE CENTRAL BUSINESS DISTRICT. Sec. 48B-6.   Registration required; defenses. Sec. 48B-7.   Registration application. Sec. 48B-8.   Registration fee and inspection charge. Sec. 48B-9.   Issuance, denial, and display of certificate of registration. Sec. 48B-10.   Revocation of registration. Sec. 48B-11.   Appeals. Sec. 48B-12.   Expiration and renewal of registration. Sec. 48B-13.   Nontransferability. Sec. 48B-14.   Property inspections. ARTICLE III. MISCELLANEOUS REQUIREMENTS FOR VACANT BUILDINGS LOCATED IN THE CENTRAL BUSINESS DISTRICT. Sec. 48B-15.   Emergency response information. Sec. 48B-16.   Insurance. Sec. 48B-17.   Vacant building plan. ARTICLE IV. REGISTRATION AND INSPECTION OF VACANT LOTS AND BUILDINGS LOCATED OUTSIDE THE CENTRAL BUSINESS DISTRICT. Sec. 48B-18.   Scope. Sec. 48B-19.   Registration required; defenses. Sec. 48B-20.   Registration application. Sec. 48B-21.   Registration fee and inspection charge. Sec. 48B-22.   Issuance, denial, and display of certificate of registration. Sec. 48B-23.    Revocation of registration. Sec. 48B-24.   Appeals. Sec. 48B-25.   Expiration and renewal of registration. Sec. 48B-26.   Nontransferability. Sec. 48B-27.   Property inspections. Sec. 48B-28.   Emergency response information for problem properties. ARTICLE I. GENERAL PROVISIONS. SEC. 48B-1.   PURPOSE OF CHAPTER.    There exists in the city of Dallas, Texas, many vacant properties that, if left unoccupied and unmonitored, may fall into a state of disrepair, become a haven for criminal activity, and create a blight on the area. The purpose of this chapter is to protect the health, safety, morals, and welfare of the citizens of the city of Dallas by establishing a registration program for vacant buildings and lots in the city in order to monitor the vacant buildings and lots and ensure that they are maintained in compliance with this code and other applicable laws and to encourage their demolition, building development, or return to occupancy in a timely manner. (Ord. Nos. 27248; 32145) SEC. 48B-2.   DEFINITIONS.    In this chapter:       (1)   BASIC PROPERTY means a vacant building or vacant lot which has two non-complied property maintenance violations within any six-month period.       (2)   BUILDING means a structure for the support or shelter of any use or occupancy.       (3)   CENTRAL BUSINESS DISTRICT means the area of the city bounded by Woodall Rodgers Freeway on the north, Central Expressway (elevated bypass) on the east, R. L. Thornton Freeway on the south, and Stemmons Freeway on the west.       (4)   CERTIFICATE OF REGISTRATION means a certificate of registration issued by the director under this chapter to the owner or operator of a vacant building.       (5)   DIRECTOR means the director of the department designated by the city manager to enforce and administer this chapter and includes any representatives, agents, or department employees designated by the director.       (6)    DWELLING UNIT means one or more rooms designed to be a single housekeeping unit to accommodate one family and containing one or more kitchens, one or more bathrooms, and one or more bedrooms.       (7)   OCCUPIED means that one or more persons conduct business in or reside in at least 50 percent of the total area of a building (excluding stairwells, elevator shafts, and mechanical rooms) as the legal or equitable owner, operator, lessee, or invitee on a permanent, nontransient basis pursuant to and within the scope of a valid certificate of occupancy.       (8)   OWNER means a person in whom is vested the ownership or title of real property:          (A)   including, but not limited to:             (i)   the holder of fee simple title;             (ii)   the holder of a life estate;             (iii)   the holder of a leasehold estate for an initial term of five years or more;             (iv)   the buyer in a contract for deed;             (v)   a mortgagee, receiver, executor, or trustee in control of real property; and             (vi)   the named grantee in the last recorded deed; and          (B)   not including the holder of a leasehold estate or tenancy for an initial term of less than five years.       (9)   PERSON means any individual, corporation, organization, partnership, association, governmental entity, or any other legal entity.       (10)   PREMISES or PROPERTY means a lot, plot, or parcel of land, including any structures on the land.       (11)   PROBLEM PROPERTY means a vacant building or vacant lot which has three or more non-complied property maintenance violations within any six-month period.       (12)   PROPERTY MAINTENANCE VIOLATION means any violation of the city code involving high weeds; litter; obstructions of alleys, sidewalks, or streets; signs on a public right of way; bulky trash; substandard structures; junk motor vehicles; illegal dumping; illegal outside storage; and graffiti.       (13)   REGISTRANT means a person issued a certificate of registration for a vacant building or vacant lot under this chapter.       (14)   STRUCTURE means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.       (15)   VACANT BUILDING means a building that, regardless of its structural condition, is not occupied.       (16)   VACANT LOT means any parcel of real property that is not improved with a permitted structure. (Ord. Nos. 27248; 32145) SEC. 48B-3.   AUTHORITY OF DIRECTOR.    The director shall implement and enforce this chapter and may by written order establish such rules, regulations, or procedures, not inconsistent with this chapter, as the director determines are necessary to discharge any duty under or to effect the policy of this chapter. (Ord. 27248) SEC. 48B-4.   DELIVERY OF NOTICES.    Any written notice that the director is required to give an applicant or registrant under this chapter is deemed to be delivered:       (1)   on the date the notice is hand delivered to the applicant or registrant; or       (2)   three days after the date the notice is placed in the United States mail with proper postage and properly addressed to the applicant or registrant at the address provided for the applicant or registrant in the most recent registration application. (Ord. 27248) SEC. 48B-5.   VIOLATIONS; PENALTY.    (a)   A person who violates a provision of this chapter, or who fails to perform an act required of the person by this chapter, commits an offense. A person commits a separate offense each day or portion of a day during which a violation is committed, permitted, or continued.    (b)   Criminal penalties.       (1)   An offense under this chapter is punishable by a fine not to exceed $2,000.       (2)   An offense under this chapter is punishable by a fine of not less than $500 for a first conviction of a violation of Section 48B-6.       (3)   The minimum fine established in Subsection (b)(2) will be doubled for the second conviction of the same offense within any 24-month period and trebled for the third and subsequent convictions of the same offense within any 24-month period. At no time may the minimum fine exceed the maximum fine established in Subsection (b)(1).    (c)   The culpable mental state required for the commission of an offense under this chapter is governed by Section 1-5.1 of this code.    (d)   As an alternative to imposing the criminal penalty prescribed in Subsection (b), the city may impose administrative penalties, fees, and court costs in accordance with Article IV-b of Chapter 27 of this code, as authorized by Section 54.044 of the Texas Local Government Code, for an offense under this chapter. The alternative administrative penalty range for an offense is the same as is prescribed for a criminal offense in Subsection (b).    (e)   The penalties provided for in Subsections (b) and (d) are in addition to any other enforcement remedies that the city may have under city ordinances and state law. (Ord. 27248) ARTICLE II. REGISTRATION AND INSPECTION OF VACANT BUILDINGS IN THE CENTRAL BUSINESS DISTRICT. SEC. 48B-6.   REGISTRATION REQUIRED; DEFENSES.    (a)   A person commits an offense if the person owns or operates a vacant building in the central business district without a valid certificate of registration. A separate certificate of registration is required for each street address at which any vacant building is located in the central business district, regardless of any separate occupied buildings that may also be located at the same street address. If more than one vacant building in the central business district is located at the same street address, only one certificate of registration is required for all of the vacant buildings. Also, only one certificate of registration is required for a single vacant building in the central business district that has more than one street address. Suite numbers and apartment unit numbers will not be considered in determining the street address of a vacant building.    (b)   It is a defense to prosecution under this section that:       (1)   the building was occupied within the 45-day period preceding the date of the alleged offense;       (2)   at the time of the alleged offense, the building was in the process of being renovated, rehabilitated, repaired, or demolished (pursuant to appropriate and valid permits issued by the building official, if required) and had been occupied within the 90-day period preceding the date of the alleged offense;       (3)   at the time of the alleged offense, the building was in the process of being actively marketed and advertised for lease or sale and had been occupied within the 90-day period preceding the date of the alleged offense;       (4)   within the 90-day period preceding the date of the alleged offense, the building suffered damage or destruction from a fire, flood, storm, or similar event that rendered the building incapable of being occupied, except that this defense does not apply if the building was rendered incapable of being occupied by the intentional act of the owner, operator, lessee, or other invitee or an agent of the owner, operator, lessee, or other invitee; or       (5)   the building was owned by the city of Dallas, the State of Texas, or the United States government. (Ord. Nos. 27248; 32145) SEC. 48B-7.   REGISTRATION APPLICATION.    (a)   To obtain a certificate of registration for a vacant building in the central business district, a person must submit an application on a form provided for that purpose to the director. The applicant must be the person who will own, control, or operate the vacant building in the central business district. The application must contain all of the following information:       (1)   The name, street address, mailing address, and telephone number of the applicant or the applicant's authorized agent.       (2)   The name, all street addresses, and the main telephone number, if any, of the vacant building and a description of the type of property it is (such as, but not limited to, a commercial building, a warehouse, an office, a hotel, an apartment complex, a boarding home, a group home, a loft, a townhome, a condominium, or a single-family residence).       (3)   The names, street addresses, mailing addresses, and telephone numbers of all owners of the vacant building and any lien holders and other persons with a financial interest in the vacant building.       (4)   The name, street address, mailing address, and telephone number of a person or persons to contact in an emergency as required by Section 48B-15 of this chapter.       (5)   The form of business of the applicant (and owner, if different from the applicant); the name, street address, mailing address, and telephone number of a high managerial agent of the business; and, if the business is a corporation or association, a copy of the documents establishing the business.       (6)   Proof of insurance required by Section 48B-16 of this chapter.       (7)   The number of buildings (including vacant and occupied buildings), dwelling units, swimming pools, and spas located in or on the premises of the vacant building.       (8)   Documentary evidence of payment of ad valorem taxes owed in connection with the vacant building and the premises on which it is located.       (9)   The total area in square feet of the vacant building, the number of stories contained in the vacant building, the area in square feet of each story, and whether each story is above or below ground level.       (10)   The date on which the vacant building was last occupied, a description of the last use of the vacant building, and a description of any hazardous materials, uses, or conditions that currently exist or previously existed in the vacant building.       (11)   Such additional information as the applicant desires to include or that the director deems necessary to aid in the determination of whether the requested certificate of registration should be granted.    (b)   If the application for a certificate of registration is being made for multiple vacant buildings located at the same address, then the information required in Subsection (a) must be provided for each vacant building located at that address.    (c)   A registrant shall notify the director within 10 days after any material change in the information contained in the application for a certificate of registration for a vacant building, including any changes in ownership of the property. (Ord. Nos. 27248; 32145) SEC. 48B-8.   REGISTRATION FEE AND INSPECTION CHARGE.    (a)   The fee for a certificate of registration for a vacant building in the central business district is $79, plus an inspection charge in an amount equal to $185.64 + ($0.009282 x total square feet of building area, excluding stairwells, elevator shafts, and mechanical rooms.    (b)   If one certificate of registration is issued for multiple vacant structures located at the same address, the inspection charge will be calculated using the aggregate area in square feet of all the vacant buildings.    (c)   If a certificate of registration expires under Section 48B-12 and the registration term was less than six months, then the registration fee (minus the inspection charge) may be prorated on the basis of whole months and partially refunded to the registrant, if the director receives a written request for the refund from the registrant within 90 days after expiration of the certificate of registration. If a certificate of registration expires under Section 48B-12 and no inspection was conducted by the city during the registration term, then the full inspection charge may be refunded, if the director receives a written request for the refund from the registrant within 90 days after expiration of the certificate of registration. Otherwise, no refund of a registration fee or inspection charge will be made. (Ord. Nos. 27248; 29879; 31332; 32145) SEC. 48B-9.   ISSUANCE, DENIAL, AND DISPLAY OF CERTIFICATE OF REGISTRATION.    (a)   Upon payment of all required fees, the director shall issue a certificate of registration for a vacant building in the central business district to the applicant if the director determines that:       (1)   the applicant has complied with all requirements for issuance of the certificate of registration;       (2)   the applicant has not made a false statement as to a material matter in an application for a certificate of registration; and       (3)   the applicant has no outstanding fees assessed under this chapter.    (b)   If the director determines that the requirements of Subsection (a) have not been met, the director shall deny a certificate of registration to the applicant.    (c)   If the director determines that an applicant should be denied a certificate of registration, the director shall deliver written notice to the applicant that the application is denied and include in the notice the reason for denial and a statement informing the applicant of the right of appeal.    (d)   A certificate of registration issued under this section must be displayed to the public in a manner and location approved by the director. The certificate of registration must be presented upon request to the director or to a peace officer for examination. (Ord. Nos. 27248; 32145) SEC. 48B-10.   REVOCATION OF REGISTRATION.    (a)   The director shall revoke a certificate of registration for a vacant building in the central business district if the director determines that:       (1)   the registrant failed to comply with any provision of this chapter or any other city ordinance or state or federal law applicable to the building;       (2)   the registrant intentionally made a false statement as to a material matter in the application or in a hearing concerning the certificate of registration; or       (3)   the registrant failed to pay a fee required by this chapter at the time it was due.    (b)   Before revoking a certificate of registration under Subsection (a), the director shall deliver written notice to the registrant that the certificate of registration is being considered for revocation. The notice must include the reason for the proposed revocation, action the registrant must take to prevent the revocation, and a statement that the registrant has 10 days after the date of delivery to comply with the notice.    (c)   If, after 10 days from the date the notice required in Subsection (b) is delivered, the registrant has not complied with the notice, the director shall revoke the certificate of registration and deliver written notice of the revocation to the registrant. The notice must include the reason for the revocation, the date the director orders the revocation, and a statement informing the registrant of the right of appeal. (Ord. Nos. 27248; 32145) SEC. 48B-11.   APPEALS.    If the director denies issuance or renewal of a certificate of registration or revokes a certificate of registration, this action is final unless the applicant or registrant files an appeal with a permit and license appeal board in accordance with Section 2-96 of this code. (Ord. 27248) SEC. 48B-12.   EXPIRATION AND RENEWAL OF REGISTRATION.    (a)   A certificate of registration for a vacant building in the central business district expires the earlier of:       (1)   one year after the date of issuance;       (2)   the date the vacant building changes controlling ownership, as determined by the director;       (3)   the date the vacant building becomes occupied, as determined by the director; or       (4)   the date the vacant building is demolished, as determined by the director.    (b)   A certificate of registration may be renewed by making application in accordance with Section 48B-7 and paying the registration fee and inspection charge required by Section 48B-8. A registrant shall apply for renewal at least 30 days before the expiration of the certificate of registration. (Ord. Nos. 27248; 32145) SEC. 48B-13.   NONTRANSFERABILITY.    A certificate of registration for a vacant building in the central business district is not transferable. (Ord. Nos. 27248; 32145) SEC. 48B-14.   PROPERTY INSPECTIONS.    (a)   For the purpose of ascertaining whether violations of this chapter or any other city ordinance or state or federal law applicable to the building exist, the director is authorized at a reasonable time to inspect:       (1)   the exterior of a vacant building; and       (2)   the interior of a vacant building, if the permission of the owner, operator, or other person in control is given or a search warrant is obtained.    (b)   The director shall inspect a vacant building at least once during each 12-month period that the building is not occupied.    (c)   An applicant or registrant shall permit representatives of the police department, the fire department, the department of code compliance, and the building official to inspect the interior and exterior of a vacant building, for the purpose of ensuring compliance with the law, at reasonable times upon request. The applicant or registrant commits an offense if he, either personally or through an agent or employee, refuses to permit a lawful inspection of the vacant building as required by this subsection.    (d)   Whenever a vacant building is inspected by the director and a violation of this chapter or any other city ordinance or state or federal law applicable to the building is found, the building or premises will, after the expiration of any time limit for compliance given in a notice or order issued because of the violation, be reinspected by the director to determine that the violation has been eliminated. (Ord. 27248; 27697) ARTICLE III. MISCELLANEOUS REQUIREMENTS FOR VACANT BUILDINGS LOCATED IN THE CENTRAL BUSINESS DISTRICT. SEC. 48B-15.   EMERGENCY RESPONSE INFORMATION.    (a)   An owner, operator, or other person in control of a vacant building in the central business district shall provide the director with the name, street address, mailing address, and telephone number of a person or persons who can be contacted 24 hours a day, seven days a week, in the event of an emergency condition in or on the premises of the vacant building. An emergency condition includes any fire, natural disaster, collapse hazard, burst pipe, serious police incident, or other condition that requires an immediate response to prevent harm to property or the public.    (b)   The owner, operator, or other person in control of the vacant building shall notify the director within five days after any change in the emergency response information.    (c)   The owner, operator, or other person in control of a vacant building, or an authorized agent, must arrive at the premises within one hour after a contact person named under this section is notified by the city or emergency response personnel that an emergency condition has occurred on the premises.    (d)   A sign containing the emergency contact information required in Subsection (a) of this section must be attached in a conspicuous location on the exterior of each facade of the vacant building that faces a public right- of-way.    (e)   The sign required by Subsection (d) must:       (1)   comply with the city’s sign regulations;       (2)   be 24 inches tall and 18 inches wide and constructed of a rigid weather- resistant material;       (3)   contain the words “VACANT BUILDING” in 2-3/8-inch-high and two- inch-wide black letters on a bright yellow background followed by the information required in Subsection (a) in one-inch-high black letters on a bright yellow background;       (4)   be in a format approved by the director; and       (5)   be readable day and night.    (f)   A person commits an offense if he removes or obstructs or allows the removal or obstruction of a sign required to be posted on a vacant building under this section. It is a defense to prosecution under this subsection that the removal or obstruction was caused by:       (1)   a city employee in the performance of official duties; or       (2)   the owner, operator, or lessee of the vacant building for the purpose of:          (A)   repairing or maintaining the sign;          (B)   complying with this chapter or a rule or regulation promulgated under this chapter; or          (C)   removing the sign when registration of the vacant building is no longer required under this chapter.     (g)   A minor variation of a required or minimum height or width of a sign or lettering is not a violation of this section. (Ord. Nos. 27248; 32145) SEC. 48B-16.   INSURANCE.    (a)   The registrant shall procure, prior to the issuance of a certificate of registration, and keep in full force and effect at all times during the registration term, commercial general liability insurance coverage (including, but not limited to, premises/operations and personal and advertising injury) protecting the city of Dallas against any and all claims for damages to persons or property as a result of, or arising out of, the registrant’s operation, maintenance, or use of the vacant building, with minimum combined bodily injury (including death) and property damage limits of not less than $1,000,000 for each occurrence and $2,000,000 annual aggregate.    (b)   The insurance policy must be written by an insurance company approved by the State of Texas and acceptable to the city and issued in a standard form approved by the Texas Department of Insurance. All provisions of the policy must be acceptable to the city and must name the city and its officers and employees as additional insureds and provide for 30 days written notice to the director of cancellation, non-renewal, or material change to the insurance policy.    (c)   A registrant shall provide to the director an updated certificate of insurance for the vacant building every six months that the building is required to be registered under this chapter. (Ord. 27248, eff. 9-1-08) SEC. 48B-17.   VACANT BUILDING PLAN.    (a)   Within 30 days after the date a certificate of registration is issued for a vacant building in the central business district, the registrant shall submit to the director a vacant building plan complying with this section.    (b)   The vacant building plan must contain the following:       (1)   A plan of action and a time schedule for correcting all existing violations of this chapter or any other city ordinance or state or federal law applicable to the building or its premises.       (2)   A plan of action for maintaining the building and its premises in compliance with this chapter and all applicable city ordinances and state and federal laws.       (3)   A plan of action for maintaining the building and its premises in a safe and secure manner, including but not limited to any provisions for lighting, security patrols, alarm systems, fire suppression systems, and securing the building from unauthorized entry.       (4)   A plan of action for occupying or selling the building, including but not limited to a time schedule for renovating or repairing the building and a time schedule for marketing, advertising, or offering the building for sale or lease.       (5)   A plan of action and time schedule for any demolition of the building.    (c)   A registrant may update the vacant building plan at any time, but shall provide the director with an updated vacant building plan at least once every six months that the building is required to be registered under this chapter. (Ord. Nos. 27248; 32145) ARTICLE IV. REGISTRATION AND INSPECTION OF VACANT LOTS AND BUILDINGS LOCATED OUTSIDE THE CENTRAL BUSINESS DISTRICT. SEC. 48B-18.   SCOPE.    The provisions of this article apply to all vacant lots and buildings located outside of the central business district. (Ord. 32145) SEC. 48B-19.   REGISTRATION REQUIRED; DEFENSES.    (a)   A person commits an offense if the person owns or operates a vacant building or vacant lot located outside the central business district without a valid certificate of registration and has at least two non-complied property maintenance violations during any six-month period. A separate certificate of registration is required for each street address at which any vacant building or vacant lot is located, regardless of any separate occupied buildings or vacant lots that may also be located at the same street address. If more than one vacant building is located at the same street address, a certificate of registration is required for each separate vacant building. Suite numbers and apartment unit numbers will not be considered in determining the street address of a vacant building or lot.    (b)   It is a defense to prosecution under this section that:       (1)   the building was occupied within the 45-day period preceding the date of the alleged offense;       (2)   at the time of the alleged offense, the building was in the process of being renovated, rehabilitated, repaired, or demolished (pursuant to appropriate and valid permits issued by the building official, if required) and had been occupied within the 90-day period preceding the date of the alleged offense;       (3)   at the time of the alleged offense, the vacant building or vacant lot was in the process of being actively marketed and advertised for lease or sale and had been occupied within the 90-day period preceding the date of the alleged offense;       (4)   within the 90-day period preceding the date of the alleged offense, the building suffered damage or destruction from a fire, flood, storm, or similar event that rendered the building incapable of being occupied, except that this defense does not apply if the building was rendered incapable of being occupied by the intentional act of the owner, operator, lessee, or other invitee or an agent of the owner, operator, lessee, or other invitee; or       (5)   the vacant building or vacant lot is owned by the city of Dallas, the State of Texas, or the United States government or is a site primarily utilized as farm or agricultural land. (Ord. 32145) SEC. 48B-20.   REGISTRATION APPLICATION.    (a)   To obtain a certification of registration for a vacant building or vacant lot under this article, a person must submit an application on a form provided for that purpose to the director. The applicant must be the person who will own, control, or operate the vacant building or vacant lot. The application must contain all of the following information:       (1)   The name, street address, mailing address, email address, and telephone number of the applicant and the applicant's authorized agent, if applicable.       (2)   The name, street address, email address, and telephone number of a person or person to contact in an emergency as required by Section 48B-28 of this chapter.       (3)   The number of buildings (including vacant and occupied buildings, dwelling units, swimming pools, and spas located in or on the premises of the vacant building). (Ord. 32145) SEC. 48B-21.   REGISTRATION FEE AND INSPECTION CHARGE.    (a)   The fee for a certificate of registration for a vacant building or vacant lot is as follows:       (1)   Basic property registration is $124.00       (2)   Problem property registration is $196.00.    (b)   When a vacant lot or vacant building is classified as a problem property, the owner of the property may be subject to monthly monitoring and inspections for the purpose of enforcing and ensuring compliance with this section and other applicable regulations. A separate fee of $219 will be assessed each time the property is inspected and a property maintenance violation is present. The inspection fee will be assessed when:       (1)   responding to a complaint received by code compliance and a property maintenance violation is present;       (2)   performing a 30-day monitoring inspection and a property maintenance violation is present; or       (3)   performing a reinspection of the property and the property maintenance violation has not been corrected. (Ord. Nos. 32145; 32556) SEC. 48B-22.   ISSUANCE, DENIAL, AND DISPLAY OF CERTIFICATE OF REGISTRATION.    (a)   Upon payment of all required fees, the director shall issue a certificate of registration for a vacant building or vacant lot to the applicant if the director determines that:       (1)   the applicant has complied with all requirements for issuance of the certificate of registration;       (2)   the applicant has not made a false statement as to a material matter in an application of a certification of registration; and       (3)   the applicant has no outstanding fees under this chapter.    (b)   A certificate of registration issued under this section must be displayed to the public in a manner and location approved by the director. The certificate of registration must be presented upon request by the director or to a peace officer for examination. (Ord. 32145) SEC. 48B-23.   REVOCATION OF REGISTRATION.    (a)   The director shall revoke a certificate of registration for a vacant building or vacant lot issued under this article if the director determines that:       (1)   the registrant failed to comply with any provision of this chapter or any other city ordinance or state or federal law applicable to the building;       (2)   the registrant intentionally made a false statement as to a material matter in the application or in a hearing concerning the certificate of registration; or       (3)   the registrant failed to pay a fee required by this chapter at the time it was due.    (b)   Before revoking a certificate of registration under Subsection (a), the director shall deliver written notice to the registrant that the certificate of registration is being considered for revocation. The notice must include the reason for the proposed revocation, action the registrant must take to prevent the revocation, and a statement that the registrant has 10 days after the date of delivery to comply with the notice.    (c)   If, after 10 days from the date the notice required in Subsection (b) is delivered, the registrant has not complied with the notice, the director shall revoke the certificate of registration and deliver written notice of the revocation to the registrant. The notice must include the reason for the revocation, the date the director orders the revocation, and a statement informing the registrant of the right of appeal. (Ord. 32145) SEC. 48B-24.   APPEALS.    If the director denies issuance or renewal of a certificate of registration or revokes a certificate of registration, this action is final unless the applicant or registrant files an appeal with the permit and license appeal board in accordance with Section 2-96 of this code. (Ord. 32145) SEC. 48B-25.   EXPIRATION AND RENEWAL OF REGISTRATION.    (a)   A certificate of registration for a vacant building or vacant lot expires the earlier of:       (1)   one year after the date of issuance;       (2)   the date the vacant building or vacant lot changes controlling ownership, as determined by the director;       (3)   the date the vacant building becomes occupied, as determined by the director;       (4)   the date the vacant building is demolished, as determined by the director; or       (5)   the date the owner of a vacant lot receives an approved building permit from the city's building official to build, construct, or erect an edifice or building that is intended to be legally occupied.    (b)   A certificate of registration may be renewed by making an application in accordance with Section 48B-20 and paying the registration fee and inspection charge required by Section 48B-21. A registrant shall apply for renewal at least 30 days before the expiration of the certificate of registration. (Ord. 32145) SEC. 48B-26.   NONTRANSFERABILITY.    A certificate of registration for a vacant building or vacant lot is not transferable. (Ord. 32145) SEC. 48B-27.   PROPERTY INSPECTIONS.    (a)   For the purpose of ascertaining whether violations of this chapter or any other city ordinance or state or federal law applicable to the vacant building or vacant lot exist, the director is authorized at a reasonable time to inspect:       (1)   the vacant lot;       (2)   the exterior of a vacant building; and       (3)   the interior of a vacant building, if the permission of the owner, operator, or other person in control is given or a search warrant is obtained.    (b)   The director shall inspect a vacant building located outside the central business district or a vacant lot at least once during each 12-month period that the building is not occupied or lot that does not have a permitted structure.    (c)   An applicant or registrant shall permit representatives of the police department, the fire department, the department of code compliance, and the building official to inspect the interior and exterior of a vacant building, or vacant lot for the purpose of ensuring compliance with the law, at reasonable times upon request. The applicant or registrant commits an offense if he, either personally or through an agent or employee, refuses to permit a lawful inspection of the vacant building or vacant lot as required by this subsection.    (d)   When a vacant building or vacant lot is inspected by the director and a violation of this chapter or any other city ordinance or state or federal law applicable to the building or lot is found, the building or premises will, after the expiration of any time limit for compliance given in a notice or order issued because of the violation, be reinspected by the director to determine that the violation has been eliminated. (Ord. 32145) SEC. 48B-28.    EMERGENCY RESPONSE INFORMATION FOR PROBLEM PROPERTIES.    (a)   An owner, operator, or other person in control of a vacant building or vacant lot that is required to register as a problem property shall provide the director with the name, street address, mailing address, email address, and telephone number of a person or persons who can be contacted 24 hours a day, seven days a week, in the event of an emergency condition in or on the premises of the vacant building or vacant lot. An emergency condition includes any fire, natural disaster, collapse hazard, burst pipe, serious police incident, or other condition that requires an immediate response to prevent harm to property or the public.    (b)   The owner, operator, or other person in control of the vacant building or vacant lot shall notify the director within five days after any change in the emergency response information.    (c)   The owner, operator, or other person in control of a vacant building or vacant lot, or an authorized agent, must arrive at the premises within one hour after a contact person named under this section is notified by the city or emergency response personnel that an emergency condition has occurred on the premises.    (d)   A sign containing the emergency contact information required in Subsection (a) of this section must be attached in a conspicuous location on the exterior of each facade of the vacant building or vacant lot that faces a public right-of-way.    (e)   The sign required by Subsection (d) must:       (1)   comply with the city's sign regulations;       (2)   be a minimum of four feet tall and four feet wide, not to exceed 20 square feet;       (3)   be less than eight feet in height;       (4)   have lettering not less than six inches high and six inches wide in black font on a yellow background;       (5)   be constructed of rigid weather-resistant material;       (6)   be readable day and night; and       (7)   be clearly visible from the public right-of-way.    (f)   A person commits an offense if he removes or obstructs or allows the removal or obstruction of a sign required to be posted on a vacant building or vacant lot under this section. It is a defense to prosecution under this subsection that the removal or obstruction was caused by:       (1)   a city employee in the performance of official duties; or       (2)   the owner, operator, or lessee of the vacant building for the purpose of:          (A)   repairing or maintaining the sign;          (B)   complying with this chapter or a rule or regulation promulgated under this chapter; or          (C)   removing the sign when registration of the vacant building or vacant lot is no longer required under this chapter.    (g)   A minor variation of a required or minimum height or width of a sign or lettering is not a violation of this section. (Ord. 32145) CHAPTER 48C VEHICLE IMMOBILIZATION SERVICE ARTICLE I. GENERAL PROVISIONS. Sec. 48C-1.   Statement of policy. Sec. 48C-2.   General authority and duty of director. Sec. 48C-3.   Establishment of rules and regulations. Sec. 48C-4.   Exceptions. Sec. 48C-5.   Definitions. ARTICLE II. VEHICLE IMMOBILIZATION SERVICE LICENSE. Sec. 48C-6.   License required; application. Sec. 48C-7.   License qualifications. Sec. 48C-8.   License issuance; fee; display; transferability; expiration. Sec. 48C-9.   Refusal to issue or renew license. Sec. 48C-10.   Suspension of license. Sec. 48C-11.   Revocation of license. Sec. 48C-12.   Appeals. ARTICLE III. VEHICLE IMMOBILIZATION OPERATOR’S PERMIT. Sec. 48C-13.   Vehicle immobilization operator’s permit required. Sec. 48C-14.   Qualifications for a vehicle immobilization operator’s permit. Sec. 48C-15.   Application for vehicle immobilization operator’s permit; fee. Sec. 48C-16.   Investigation of application. Sec. 48C-17.   Issuance and denial of vehicle immobilization operator’s permit. Sec. 48C-18.   Expiration of vehicle immobilization operator’s permit. Sec. 48C-19.   Provisional permit. Sec. 48C-20.   Probationary permit. Sec. 48C-21.   Duplicate permit. Sec. 48C-22.   Display of permit. Sec. 48C-23.   Suspension by a designated representative. Sec. 48C-24.   Suspension of vehicle immobilization operator’s permit. Sec. 48C-25.   Revocation of vehicle immobilization operator’s permit. Sec. 48C-26.   Immobilizing a vehicle after suspension or revocation. Sec. 48C-27.   Appeal from denial, suspension, or revocation. ARTICLE IV. MISCELLANEOUS LICENSEE AND OPERATOR REGULATIONS. Sec. 48C-28.   Licensee’s and operator’s duty to comply. Sec. 48C-29.   Licensee’s duty to enforce compliance by operators. Sec. 48C-30.   Insurance. Sec. 48C-31.   Information to be supplied upon request of director. Sec. 48C-32.   Vehicle immobilization service records. Sec. 48C-33.   Failure to pay ad valorem taxes. ARTICLE V. SERVICE RULES AND REGULATIONS. Sec. 48C-34.   Apparel to be worn by vehicle immobilization operators. Sec. 48C-35.   Immobilization of vehicles on public rights-of-way. Sec. 48C-36.   Immobilization of authorized vehicles prohibited. Sec. 48C-37.   Financial interests of parking lot owner and licensee prohibited. Sec. 48C-38.   Requirement for parking fee receipt. Sec. 48C-39.   Requirements for parking lot attendants. Sec. 48C-40.   Requirements for posting signs. Sec. 48C-41.   Requirements for immobilization. Sec. 48C-42.   Requirements for installation and removal of a boot. Sec. 48C-43.   Notification of vehicle owner. ARTICLE VI. VEHICLE IMMOBILIZATION SERVICE FEES. Sec. 48C-44.   Maximum fee schedule; receipt for payment of immobilization fee and outstanding parking fees. ARTICLE VII. VEHICLE IMMOBILIZATION EQUIPMENT. Sec. 48C-45.   Vehicle immobilization equipment. ARTICLE VIII. ENFORCEMENT. Sec. 48C-46.   Authority to inspect. Sec. 48C-47.   Enforcement by police department. Sec. 48C-48.   Correction order. Sec. 48C-49.   Service of notice. Sec. 48C-50.   Appeal. Sec. 48C-51.   Offenses. ARTICLE I. GENERAL PROVISIONS. SEC. 48C-1.   STATEMENT OF POLICY.    It is the policy of the city to provide for the protection of the public interest as it relates to the parking of vehicles on parking lots and to the immobilization of those vehicles by applying a boot to a vehicle without the consent of the vehicle owner or operator. To this end, this chapter provides for the regulation of vehicle immobilization service, to be administered in a manner that protects the public health and safety and promotes the public convenience and necessity. (Ord. 27629, eff. 10-1-09) SEC. 48C-2.   GENERAL AUTHORITY AND DUTY OF DIRECTOR.    The director shall implement and enforce this chapter and may by written order establish such rules and regulations, consistent with this chapter, as may be determined necessary to discharge the director’s duty under, or to effect the policy of, this chapter. (Ord. 27629) SEC. 48C-3.   ESTABLISHMENT OF RULES AND REGULATIONS.    (a)   Before adopting, amending, or abolishing a rule or regulation, the director shall hold a public hearing on the proposal.    (b)   The director shall fix the time and place of the hearing and, in addition to notice required under the Open Meetings Act (Chapter 551, Texas Government Code), as amended, shall notify each licensee and such other persons as the director determines are interested in the subject matter of the hearing.    (c)   After the public hearing, the director shall notify the licensees and other interested persons of the action taken and shall post an order adopting, amending, or abolishing a rule or regulation on the official bulletin board in the city hall for a period of not fewer than 10 days. The order becomes effective immediately upon expiration of the posting period. (Ord. 27629) SEC. 48C-4.   EXCEPTIONS.    This chapter does not apply to the immobilization of a vehicle by the city as authorized under Section 28-5.1 of this code. (Ord. 27629) SEC. 48C-5.   DEFINITIONS.    In this chapter:       (1)   BOOT means a lockable vehicle wheel clamp or similar device that is designed to be placed on a parked vehicle to prevent the operation of the vehicle until the device is unlocked and removed.       (2)   CITY means the city of Dallas, Texas.       (3)   CONVICTION means a conviction in a federal court or court of any state or foreign nation or political subdivision of a state or foreign nation that has not been reversed, vacated, or pardoned.       (4)   DIRECTOR means the director of the department designated by the city manager to enforce and administer this chapter, and includes representatives, agents, and department employees designated by the director.       (5)   IMMOBILIZE means to place a boot on a parked vehicle to prevent the operation of the vehicle until the boot is unlocked and removed. The term includes any installation, adjustment, or removal of a boot.       (6)   LAWFUL ORDER means a verbal or written directive that:          (A)   is issued by the director in the performance of official duties in the enforcement of this chapter and any rules and regulations promulgated under this chapter; and          (B)   does not violate the United States Constitution or the Texas Constitution.       (7)   LICENSEE means a person licensed under this chapter to engage in vehicle immobilization service. The term includes any owner or operator of the licensed business.       (8)   PARKING LOT means public or private property (other than public right-of-way) that is used, wholly or in part, for paid motor vehicle parking where payment for the parking is made:          (A)   at the time of parking; and          (B)   to a pay station or a uniformed parking lot attendant.       (9)   PARKING LOT OWNER means a person, or the person’s agent or lessee, who holds legal title, deed, or right of occupancy to a parking lot, but does not include a vehicle immobilization service licensee or an employee or representative of a vehicle immobilization service licensee.       (10)   PERMITTEE means an individual who has been issued a vehicle immobilization operator’s permit under this chapter.       (11)   PERSON means an individual, assumed name entity, partnership, joint-venture, association, corporation, or other legal entity.       (12)   POLICE DEPARTMENT means the police department of the city of Dallas.       (13)   PROPERTY ENTRANCE means any point located on a parking lot that is designed to provide access by a vehicle to the parking lot.       (14)   RECEIPT means a decal, emblem, badge, sticker, ticket, or other item given to a vehicle owner or operator as proof that the vehicle is authorized to park on the parking lot.       (15)   STREET means any public street, alley, road, right-of-way, or other public way within the corporate limits of the city. The term includes all paved and unpaved portions of the right-of-way.       (16)   UNAUTHORIZED VEHICLE means a vehicle that is parked, stored, or located on a parking lot without having paid the parking fee required by the parking lot owner for parking on the parking lot.       (17)   VEHICLE means a device in, on, or by which a person or property may be transported on a public street. The term includes, but is not limited to, an operable or inoperable automobile, truck, motorcycle, recreational vehicle, or trailer, but does not include a device moved by human power or used exclusively on a stationary rail or track.       (18)   VEHICLE IMMOBILIZATION OPERATOR means any individual who installs, affixes, places, adjusts, or removes a boot on or from a vehicle.       (19)   VEHICLE IMMOBILIZATION OPERATOR’S PERMIT means a permit issued under this chapter to an individual by the director authorizing that individual to immobilize vehicles for a vehicle immobilization service in the city.       (20)   VEHICLE IMMOBILIZATION SERVICE means the business of immobilizing an unauthorized vehicle on a parking lot.       (21)   VEHICLE IMMOBILIZATION SERVICE LICENSE means a license issued under this chapter to a person by the director authorizing that person to operate a vehicle immobilization service in the city.       (22)   VEHICLE OWNER or OPERATOR means a person, or the designated agent of a person, who:          (A)   holds legal title to a vehicle, including any lienholder of record; or          (B)   has legal right of possession or legal control of a vehicle. (Ord. 27629, eff. 10-1-09) ARTICLE II. VEHICLE IMMOBILIZATION SERVICE LICENSE. SEC. 48C-6.   LICENSE REQUIRED; APPLICATION.    (a)   A person commits an offense if, within the city, he, or his agent or employee:       (1)   engages in vehicle immobilization service on any property other than a parking lot;       (2)   engages in vehicle immobilization service without a valid vehicle immobilization service license;       (3)   causes a vehicle to be immobilized by a vehicle immobilization service that does not hold a valid vehicle immobilization service license; or       (4)   employs or contracts with a vehicle immobilization service not licensed by the director under this article for the purpose of having a vehicle immobilized.    (b)   To obtain a vehicle immobilization service license, a person must make written application to the director upon a form provided for that purpose. The application must be signed by the person who will own, control, or operate the proposed vehicle immobilization service. The application must be verified and include the following information:       (1)   The name, address, and telephone number of the applicant, the trade name under which the applicant does business, and the street address and telephone number of the vehicle immobilization service establishment.       (2)   The number and type of boots utilized by the vehicle immobilization service, including the make, model, and identification number.       (3)   Documentary evidence from an insurance company indicating a willingness to provide liability insurance as required by this chapter.       (4)   A statement attesting that each boot and other vehicle immobilization equipment used by the vehicle immobilization service has been rendered for ad valorem taxation in the city and that the applicant is current on payment of those taxes.       (5)   A list, to be kept current, of the owners and management personnel of the vehicle immobilization service, and of all employees who will participate in vehicle immobilization service, including names, dates of birth, state driver’s license numbers, social security numbers, and vehicle immobilization operator’s permit numbers.       (6)   A list of what methods of payment the applicant will accept from a vehicle owner or operator for removal of a boot.       (7)   Proof of a valid certificate of occupancy issued by the city in the name of the company and for the location of the vehicle immobilization service business.       (8)   Any other information deemed necessary by the director.       (9)   A nonrefundable application processing fee of $96.    (c)   A person desiring to engage in vehicle immobilization service shall register with the director a trade name that clearly differentiates the person’s company from all other companies engaging in vehicle immobilization service and shall use no other trade name for the vehicle immobilization service. (Ord. Nos. 27629; 30215) SEC. 48C-7.   LICENSE QUALIFICATIONS.    (a)   To qualify for a vehicle immobilization service license, an applicant must:       (1)   be at least 19 years of age;       (2)   be currently authorized to work full- time in the United States;       (3)   be able to communicate in the English language;       (4)   not have been convicted of a crime:          (A)   involving:             (i)   criminal homicide as described in Chapter 19 of the Texas Penal Code;             (ii)   kidnapping as described in Chapter 20 of the Texas Penal Code;             (iii)   a sexual offense as described in Chapter 21 of the Texas Penal Code;             (iv)   an assaultive offense as described in Chapter 22 of the Texas Penal Code;             (v)   robbery as described in Chapter 29 of the Texas Penal Code;             (vi)   burglary as described in Chapter 30 of the Texas Penal Code, but only if the offense was committed against a person with whom the applicant came in contact while engaged in vehicle immobilization service;             (vii)   theft as described in Chapter 31 of the Texas Penal Code, but only if the offense was committed against a person with whom the applicant came in contact while engaged in vehicle immobilization service;             (viii)   fraud as described in Chapter 32 of the Texas Penal Code, but only if the offense was committed against a person with whom the applicant came in contact while engaged in vehicle immobilization service;             (ix)   tampering with a governmental record as described in Chapter 37 of the Texas Penal Code, but only if the offense was committed against a person with whom the applicant came in contact while engaged in vehicle immobilization service;             (x)   public indecency (prostitution or obscenity) as described in Chapter 43 of the Texas Penal Code;             (xi)   the transfer, carrying, or possession of a weapon in violation of Chapter 46 of the Texas Penal Code, or of any comparable state or federal law, but only if the violation is punishable as a felony under the applicable law;             (xii)   a violation of the Dangerous Drugs Act (Chapter 483, Texas Health and Safety Code), or of any comparable state or federal law, but only if the violation is punishable as a felony under the applicable law;             (xiii)   a violation of the Controlled Substances Act (Chapter 481, Texas Health and Safety Code), or of any comparable state or federal law, but only if the violation is punishable as a felony under the applicable law;             (xiv)   criminal attempt to commit any of the offenses listed in Subdivision (4)(A)(i) through (xiii) of this subsection; and          (B)   for which:             (i)   less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the applicant was convicted of a misdemeanor offense;             (ii)   less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the applicant was convicted of a felony offense; or             (iii)   less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if, within any 24-month period, the applicant has two or more convictions of any misdemeanor offense or combination of misdemeanor offenses;       (5)   not be addicted to the use of alcohol or narcotics;       (6)   be subject to no outstanding warrants of arrest; and       (7)   not employ any person who is not qualified under this subsection.    (b)   An applicant who has been convicted of, or who employs a person who has been convicted of, an offense listed in Subsection (a)(4), for which the required time period has elapsed since the date of conviction or the date of release from confinement imposed for the conviction, may qualify for a vehicle immobilization service license only if the director determines that the applicant, or the employee, is presently fit to engage in the business of a vehicle immobilization service. In determining present fitness under this section, the director shall consider the following:       (1)   the extent and nature of the applicant’s, or employee’s, past criminal activity;       (2)   the age of the applicant, or employee, at the time of the commission of the crime;       (3)   the amount of time that has elapsed since the applicant’s, or employee’s, last criminal activity;       (4)   the conduct and work activity of the applicant, or employee, prior to and following the criminal activity;       (5)   evidence of the applicant’s, or employee’s, rehabilitation or rehabilitative effort while incarcerated or following release; and       (6)   other evidence of the applicant’s, or employee’s, present fitness, including letters of recommendation from prosecution, law enforcement, and correctional officers who prosecuted, arrested, or had custodial responsibility for the applicant, or employee; the sheriff and chief of police in the community where the applicant, or employee, resides; and any other persons in contact with the applicant, or employee.    (c)   It is the responsibility of the applicant, to the extent possible, to secure and provide to the director the evidence required to determine present fitness under Subsection (b) of this section.    (d)   A licensee shall maintain a permanent and established place of business at a location within the city where a vehicle immobilization service is not prohibited by the Dallas Development Code. (Ord. 27629) SEC. 48C-8.   LICENSE ISSUANCE; FEE; DISPLAY; TRANSFERABILITY; EXPIRATION.    (a)   The director shall, within 30 days after the date of application, issue a vehicle immobilization service license to an applicant who complies with the provisions of this article.    (b)   A license issued to a vehicle immobilization service authorizes the licensee and any bona fide employee to engage in vehicle immobilization service.    (c)   The annual fee for a vehicle immobilization service license is $557, prorated on the basis of whole months. The fee for issuing a duplicate license for one lost, destroyed, or mutilated is $13. The fee is payable to the director upon issuance of a license. No refund of a license fee will be made.    (d)   A vehicle immobilization service license issued pursuant to this article must be conspicuously displayed in the vehicle immobilization service establishment.    (e)   A vehicle immobilization service license, or any accompanying permit, badge, sticker, ticket, or emblem, is not assignable or transferable.    (f)   A vehicle immobilization service license expires June 30 of each year and may be renewed by applying in accordance with Section 48C-6. Application for renewal must be made not less than 30 days or more than 60 days before expiration of the license and must be accompanied by the annual license fee. (Ord. Nos. 27629; 30215) SEC. 48C-9.   REFUSAL TO ISSUE OR RENEW LICENSE.    (a)   The director shall refuse to issue or renew a vehicle immobilization service license if the applicant or licensee:       (1)   intentionally or knowingly makes a false statement as to a material matter in an application for a license or license renewal, or in a hearing concerning the license;       (2)   has been convicted twice within a 12- month period or three times within a 24-month period for violation of this chapter or has had a vehicle immobilization service license revoked within two years prior to the date of application;       (3)   uses a trade name for the vehicle immobilization service other than the one registered with the director;       (4)   has had a vehicle immobilization service license suspended on three occasions within 12 months for more than three days on each occasion;       (5)   has been finally convicted for violation of another city, state, or federal law that indicates a lack of fitness of the applicant to perform vehicle immobilization service.       (6)   fails to meet the service standards in the rules and regulations established by the director;       (7)   is not qualified under Section 48C-7 of this article; or       (8)   uses a subcontractor to provide vehicle immobilization service.    (b)   If the director determines that a license should be denied the applicant or licensee, the director shall notify the applicant or licensee in writing that the application is denied and include in the notice the specific reason or reasons for denial and a statement informing the applicant or licensee of the right to, and process for, appeal of the decision. (Ord. 27629) SEC. 48C-10.   SUSPENSION OF LICENSE.    (a)   The director may suspend a vehicle immobilization service license for a definite period of time not to exceed 30 days or, if the deficiency is detrimental to public safety, then for a period of time until the deficiency is corrected, for one or more of the following reasons:       (1)   Failure of the licensee to maintain any vehicle immobilization equipment in a good and safe working condition.       (2)   Violation by the licensee or an employee of the licensee of a provision of this chapter or of the rules and regulations established by the director under this chapter.       (3)   Failure of the licensee’s operator to arrive at a parking lot within 30 minutes after the time the licensee is notified to do so by the vehicle owner or operator or the owner or operator’s representative.    (b)   Written notice of the suspension must be served on the licensee and must include the reason for suspension, the date the suspension begins, the duration of the suspension, and a statement informing the licensee of the right of appeal.    (c)   The period of suspension begins on the date specified in the notice of suspension or, in the case of an appeal, on the date ordered by the permit and license appeal board, whichever applies.    (d)   A licensee whose vehicle immobilization service license is suspended shall not operate a vehicle immobilization service inside the city during the period of suspension. (Ord. 27629) SEC. 48C-11.   REVOCATION OF LICENSE.    The director shall revoke a vehicle immobilization service license if the director determines that the licensee has:       (1)   intentionally or knowingly made a false statement as to a material matter in the application or hearing concerning the license;       (2)   intentionally or knowingly failed to comply with applicable provisions of this chapter or with the conditions and limitations of the license;       (3)   operated a vehicle immobilization service not authorized by the license or other applicable law;       (4)   been finally convicted for violation of another city, state, or federal law that indicates a lack of fitness of the licensee to perform vehicle immobilization service;       (5)   is under indictment for or has been convicted of any felony offense while holding a license;       (6)   does not qualify for a license under Section 48C-7 of this chapter;       (7)   failed to pay a license fee required under this chapter; or       (8)   violated Section 48C-44(c)(1) or (2) of this chapter. (Ord. 27629, eff. 10-1-09) SEC. 48C-12.   APPEALS.    Any person whose application for a license or license renewal is denied by the director, or a licensee whose license has been revoked or suspended by the director, may file an appeal with the permit and license appeal board in accordance with Section 2-96 of this code. (Ord. 27629, eff. 10-1-09) ARTICLE III. VEHICLE IMMOBILIZATION OPERATOR’S PERMIT. SEC. 48C-13.   VEHICLE IMMOBILIZATION OPERATOR’S PERMIT REQUIRED.    (a)   A person commits an offense if he immobilizes a vehicle for a vehicle immobilization service in the city without a valid vehicle immobilization operator’s permit.    (b)   A licensee commits an offense if he employs or otherwise allows a person to immobilize a vehicle using a boot or other vehicle immobilization equipment owned, controlled, or operated by the licensee unless the person has a valid vehicle immobilization operator’s permit. (Ord. 27629, eff. 10-1-09) SEC. 48C-14.   QUALIFICATIONS FOR A VEHICLE IMMOBILIZATION OPERATOR’S PERMIT.    (a)   To qualify for a vehicle immobilization operator’s permit, an applicant must:       (1)   be at least 19 years of age;       (2)   be currently authorized to work full- time in the United States;       (3)   be able to communicate in the English language;       (4)   not have been convicted of a crime:          (A)   involving:             (i)   criminal homicide as described in Chapter 19 of the Texas Penal Code;             (ii)   kidnapping as described in Chapter 20 of the Texas Penal Code;             (iii)   a sexual offense as described in Chapter 21 of the Texas Penal Code;             (iv)   an assaultive offense as described in Chapter 22 of the Texas Penal Code;             (v)   robbery as described in Chapter 29 of the Texas Penal Code;             (vi)   burglary as described in Chapter 30 of the Texas Penal Code, but only if the offense was committed against a person with whom the applicant came in contact while engaged in vehicle immobilization service;             (vii)   theft as described in Chapter 31 of the Texas Penal Code, but only if the offense was committed against a person with whom the applicant came in contact while engaged in vehicle immobilization service;             (viii)   fraud as described in Chapter 32 of the Texas Penal Code, but only if the offense was committed against a person with whom the applicant came in contact while engaged in vehicle immobilization service;             (ix)   tampering with a governmental record as described in Chapter 37 of the Texas Penal Code, but only if the offense was committed against a person with whom the applicant came in contact while engaged in vehicle immobilization service;             (x)   public indecency (prostitution or obscenity) as described in Chapter 43 of the Texas Penal Code;             (xi)   the transfer, carrying, or possession of a weapon in violation of Chapter 46 of the Texas Penal Code, or of any comparable state or federal law, but only if the violation is punishable as a felony under the applicable law;             (xii)   a violation of the Dangerous Drugs Act (Chapter 483, Texas Health and Safety Code), or of any comparable state or federal law, that is punishable as a felony under the applicable law;             (xiii)   a violation of the Controlled Substances Act (Chapter 481, Texas Health and Safety Code), or of any comparable state or federal law, that is punishable as a felony under the applicable law; or             (xiv)   criminal attempt to commit any of the offenses listed in Subdivision (4)(A)(i) through (xiii) of this subsection;          (B)   for which:             (i)   less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the applicant was convicted of a misdemeanor offense;             (ii)   less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the applicant was convicted of a felony offense; or             (iii)   less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if, within any 24-month period, the applicant has two or more convictions of any misdemeanor offense or combination of misdemeanor offenses;       (5)   not be addicted to the use of alcohol or narcotics;       (6)   be subject to no outstanding warrants of arrest;       (7)   be sanitary and well-groomed in dress and person; and       (8)   be employed by the licensee.    (b)   An applicant who has been convicted of an offense listed in Subsection (a)(4) for which the required time period has elapsed since the date of conviction or the date of release from confinement imposed for the conviction, may qualify for a vehicle immobilization operator’s permit only if the director determines that the applicant is presently fit to engage in the occupation of vehicle immobilization. In determining present fitness under this section, the director shall consider the following:       (1)   the extent and nature of the applicant’s past criminal activity;       (2)   the age of the applicant at the time of the commission of the crime;       (3)   the amount of time that has elapsed since the applicant’s last criminal activity;       (4)   the conduct and work activity of the applicant prior to and following the criminal activity;       (5)   evidence of the applicant’s rehabilitation or rehabilitative effort while incarcerated or following release; and       (6)   other evidence of the applicant’s present fitness, including letters of recommendation from prosecution, law enforcement, and correctional officers who prosecuted, arrested, or had custodial responsibility for the applicant; the sheriff and chief of police in the community where the applicant resides; and any other persons in contact with the applicant.    (c)   It is the responsibility of the applicant, to the extent possible, to secure and provide to the director the evidence required to determine present fitness under Subsection (b) of this section and under Section 48C-20 of this article. (Ord. 27629) SEC. 48C-15.   APPLICATION FOR VEHICLE IMMOBILIZATION OPERATOR’S PERMIT; FEE.    To obtain a vehicle immobilization operator's permit, or renewal of a vehicle immobilization operator's permit, a person must file with the director a completed written application on a form provided for the purpose and a nonrefundable application fee of $56. The director shall require each application to state such information as the director reasonably considers necessary to determine whether an applicant is qualified. (Ord. Nos. 27629; 30215) SEC. 48C-16.   INVESTIGATION OF APPLICATION.    (a)   The director shall obtain a current official criminal history report (issued by the Texas Department of Public Safety within the preceding 12 months) on each applicant to determine the applicant’s qualification under Section 48C-14. The director shall obtain a list of any warrants of arrest for the applicant that might be outstanding.    (b)   The director may conduct such other investigation as the director considers necessary to determine whether an applicant for a vehicle immobilization operator’s permit is qualified.    (c)   The director shall provide the applicant, upon written request, a copy of all materials contained in the applicant’s file to the extent allowed under the Public Information Act (Chapter 552, Texas Government Code), as amended. (Ord. 27629) SEC. 48C-17.   ISSUANCE AND DENIAL OF VEHICLE IMMOBILIZATION OPERATOR’S PERMIT.    (a)   The director shall issue a vehicle immobilization operator’s permit to an applicant, unless the director determines that the applicant is not qualified.    (b)   The director shall delay until final adjudication the approval of the application of any applicant who is under indictment for or has charges pending for a felony offense involving a crime described in Section 48C-14(a)(4)(A)(i), (ii), (iii), (iv), or (v) or criminal attempt to commit any of those offenses.    (c)   The director shall deny the application for a vehicle immobilization operator’s permit if the applicant:       (1)   is not qualified under Section 48C-14; or       (2)   intentionally or knowingly makes a false statement of a material fact in an application for a vehicle immobilization operator’s permit.    (d)   If the director determines that a permit should be denied the applicant, the director shall notify the applicant in writing that the application is denied and include in the notice the specific reason or reasons for denial and a statement informing the applicant of the right to, and process for, appeal of the decision. (Ord. 27629, eff. 10-1-09) SEC. 48C-18.   EXPIRATION OF VEHICLE IMMOBILIZATION OPERATOR’S PERMIT.    Except in the case of a probationary or provisional permit, a vehicle immobilization operator’s permit expires one year after the date of issuance. (Ord. 27629) SEC. 48C-19.   PROVISIONAL PERMIT.    (a)   The director may issue a provisional vehicle immobilization operator’s permit if the director determines that it is necessary pending completion of investigation of an applicant for a vehicle immobilization operator’s permit.    (b)   A provisional vehicle immobilization operator’s permit expires on the date shown on the permit, which date shall not exceed 45 days after the date of issuance, or on the date the applicant is denied a vehicle immobilization operator’s permit, whichever occurs first.    (c)   The director shall not issue a provisional permit to a person who has been previously denied a vehicle immobilization operator’s permit. (Ord. 27629) SEC. 48C-20.   PROBATIONARY PERMIT.    (a)   The director may issue a probationary vehicle immobilization operator’s permit to an applicant who is not qualified for a vehicle immobilization operator’s permit under Section 48C-14 if the applicant:       (1)   could qualify under Section 48C-14 for a vehicle immobilization operator’s permit within one year after the date of application; and       (2)   is determined by the director, using the criteria listed in Section 48C-14(b) of this article, to be presently fit to engage in the occupation of a vehicle immobilization operator.    (b)   A probationary vehicle immobilization operator’s permit may be issued for a period not to exceed one year.    (c)   The director may prescribe appropriate terms and conditions for a probationary vehicle immobilization operator’s permit as the director determines are necessary. (Ord. 27629) SEC. 48C-21.   DUPLICATE PERMIT.    If a vehicle immobilization operator's permit is lost or destroyed, the director shall issue the permittee a duplicate permit upon payment to the city of a duplicate permit fee of $14. (Ord. Nos. 27629; 30215) SEC. 48C-22.   DISPLAY OF PERMIT.    A vehicle immobilization operator shall at all times conspicuously display a vehicle immobilization operator’s permit on the clothing of the driver’s upper body. A vehicle immobilization operator shall allow the director or a peace officer to examine the vehicle immobilization operator’s permit upon request. (Ord. 27629) SEC. 48C-23.   SUSPENSION BY A DESIGNATED REPRESENTATIVE.    (a)   If a duly authorized representative designated by the director to enforce this chapter determines that a permittee has failed to comply with this chapter (except Section 48C-14) or a regulation established under this chapter, the representative may suspend the vehicle immobilization operator’s permit for a period of time not to exceed three days by personally serving the permittee with a written notice of the suspension. The written notice must include the reason for suspension, the date the suspension begins, the duration of the suspension, and a statement informing the permittee of the right of appeal.    (b)   A suspension under this section may be appealed to the director or the director’s assistant if the permittee requests an appeal at the time the representative serves notice of suspension or within 10 days after the notice of suspension is served. When an appeal is requested, the suspension may not take effect until a hearing is provided by the director or the director’s assistant.    (c)   The director may order an expedited hearing under this section, to be held as soon as possible after the permittee requests an appeal, but at least 10 days advance notice of the hearing must be given to the permittee. The director may affirm, reverse, or modify the order of the representative. The decision of the director is final. (Ord. 27629, eff. 10-1-09) SEC. 48C-24.   SUSPENSION OF VEHICLE IMMOBILIZATION OPERATOR’S PERMIT.    (a)   If the director determines that a permittee has failed to comply with this chapter (except Section 48C-14) or any regulation established under this chapter, the director shall suspend the vehicle immobilization operator’s permit for a definite period of time not to exceed 60 days.    (b)   If at any time the director determines that a permittee is not qualified under Section 48C-14 or is under indictment or has charges pending for a felony offense involving a crime described in Section 48C-14(a)(4)(A)(i), (ii), (iii), (iv), or (v) or criminal attempt to commit any of those offenses, the director shall suspend the vehicle immobilization operator’s permit until such time as the director determines that the permittee is qualified or that the charges against the permittee have been finally adjudicated.    (c)   A permittee whose vehicle immobilization operator’s permit is suspended shall not immobilize a vehicle inside the city during the period of suspension.    (d)   The director shall notify the permittee in writing of a suspension under this section and include in the notice:       (1)   the reason for the suspension;       (2)   the date the suspension is to begin;       (3)   the duration of the suspension; and       (4)   a statement informing the permittee of the right of appeal.    (e)   The period of suspension begins on the date specified by the director or, in the case of an appeal, on the date ordered by the appeal hearing officer. (Ord. 27629, eff. 10-1-09) SEC. 48C-25.   REVOCATION OF VEHICLE IMMOBILIZATION OPERATOR’S PERMIT.    (a)   The director shall revoke a vehicle immobilization operator’s permit if the director determines that a permittee:       (1)   immobilized a vehicle inside the city during a period when the vehicle immobilization operator’s permit was suspended;       (2)   intentionally or knowingly made a false statement of a material fact in an application for a vehicle immobilization operator’s permit;       (3)   engaged in conduct that constitutes a ground for suspension under Section 48C-24(a), and, at least two times within the 12-month period preceding the conduct or three times within the 24-month period preceding the conduct, had received either a suspension in excess of three days or a conviction for violation of this chapter;       (4)   engaged in conduct that could reasonably be determined to be detrimental to the public safety;       (5)   failed to comply with a condition of a probationary permit; or       (6)   is under indictment for or has been convicted of any felony offense while holding a vehicle immobilization operator’s permit.    (b)   A person whose vehicle immobilization operator’s permit is revoked shall not:       (1)   apply for another vehicle immobilization operator’s permit before the expiration of 12 months after the date the director revokes the permit or, in the case of an appeal, the date the appeal hearing officer affirms the revocation; or       (2)   immobilize a vehicle inside the city.    (c)   The director shall notify the permittee and the licensee in writing of a revocation and include in the notice:       (1)   the specific reason or reasons for the revocation;       (2)   the date the director orders the revocation; and       (3)   a statement informing the permittee of the right to, and process for, appeal of the decision. (Ord. 27629, eff. 10-1-09) SEC. 48C-26.   IMMOBILIZING A VEHICLE AFTER SUSPENSION OR REVOCATION.    (a)   After receipt of a notice of suspension, revocation, or denial of permit renewal, the permittee shall, on the date specified in the notice, surrender the vehicle immobilization operator’s permit to the director and discontinue immobilizing vehicles inside the city.    (b)   Notwithstanding Section 48C-24(c), Section 48C-25(b), and Subsection (a) of this section, if the permittee appeals a suspension or revocation under this section, the permittee may continue to immobilize vehicles for a vehicle immobilization service pending the appeal unless:       (1)   the permittee’s vehicle immobilization permit is suspended pursuant to Section 48C-24(b) or revoked pursuant to Section 48C-25(a)(6) of this article; or       (2)   the director determines that continued operation by the permittee would impose a serious and imminent threat to the public safety. (Ord. 27629, eff. 10-1-09) SEC. 48C-27.   APPEAL FROM DENIAL, SUSPENSION, OR REVOCATION.    (a)   If the director denies, suspends, or revokes a vehicle immobilization operator’s permit, the action is final unless the permittee files an appeal, in writing, with the city manager not more than 10 business days after notice of the director’s action is received.    (b)   The city manager or a designated representative shall act as the appeal hearing officer in an appeal hearing under this section. The hearing officer shall give the appealing party an opportunity to present evidence and make argument. The formal rules of evidence do not apply to an appeal hearing under this section, and the hearing officer shall make a ruling on the basis of a preponderance of the evidence presented at the hearing.    (c)   The hearing officer may affirm, modify, or reverse all or part of the action of the director being appealed. The decision of the hearing officer is final as to available administrative remedies. (Ord. 27629) ARTICLE IV. MISCELLANEOUS LICENSEE AND OPERATOR REGULATIONS. SEC. 48C-28.   LICENSEE’S AND OPERATOR’S DUTY TO COMPLY.    (a)   Licensee. In the operation of a vehicle immobilization service, a licensee shall comply with the terms and conditions of the vehicle immobilization service license and, except to the extent expressly provided otherwise by the license, shall comply with this chapter, rules and regulations established under this chapter, and other law applicable to the operation of a vehicle immobilization service.    (b)   Operator. While on duty, a vehicle immobilization operator shall comply with this chapter, regulations established under this chapter, and orders issued by the licensee employing the vehicle immobilization operator in connection with the licensee’s discharging of its duty under its vehicle immobilization service license and this chapter. (Ord. 27629) SEC. 48C-29.   LICENSEE’S DUTY TO ENFORCE COMPLIANCE BY OPERATORS.    (a)   A licensee shall establish policy and take action to discourage, prevent, or correct violations of this chapter by vehicle immobilization operators who are employed by the licensee.    (b)   A licensee shall not permit a vehicle immobilization operator who is employed by the licensee to immobilize a vehicle if the licensee knows or has reasonable cause to suspect that the operator has failed to comply with this chapter, the rules and regulations established by the director, or other applicable law. (Ord. 27629) SEC. 48C-30.   INSURANCE.    (a)   A licensee shall procure and keep in full force and effect commercial general liability and business automobile liability insurance written by an insurance company that:       (1)   is approved, licensed, or authorized by the State of Texas;       (2)   is acceptable to the city; and       (3)   does not violate the ownership/ operational control prohibition described in Subsection (i) of this section.    (b)   The insurance must be issued in the standard form approved by the Texas Department of Insurance, and all provisions of the policy must be acceptable to the city. The insured provisions of the policy must name the city and its officers and employees as additional insureds. The coverage provisions must provide coverage for any loss or damage that may arise to any person or property by reason of the operation of a vehicle immobilization service by the licensee, including but not limited to damage to an immobilized vehicle caused directly or indirectly by improper installation or removal of a boot.    (c)   The commercial general liability insurance must be on a broad form and must provide coverage for, but is not limited to, premises/operations and personal and advertising injury with minimum combined bodily injury (including death) and property damage limits of not less than $500,000 per occurrence and a general aggregate limit of not less than $1,000,000 for all occurrences for each policy year.    (d)   The business automobile liability insurance must provide a combined single limit of liability for bodily injury (including death) and property damage of not less than $500,000 for each occurrence for each vehicle owned, hired, or otherwise used in the vehicle immobilization service by the licensee or the licensee’s employees.    (e)   Insurance required by this section may be obtained from an assigned risk pool if:       (1)   all of the policies and coverages are managed by one agent; and       (2)   one certificate of insurance is issued to the city.    (f)   The insurance required under this section must include:       (1)   a cancellation provision in which the insurance company is required to notify the director in writing not fewer than 30 days before canceling, failing to renew, or making a material change to the insurance policy;       (2)   a provision to cover all boots and other immobilization equipment, whether owned or not owned by the licensee, that are operated under the license; and       (3)   a provision requiring the insurance company to pay every claim on a first-dollar basis.    (g)   A license will not be granted or renewed unless the applicant or licensee furnishes the director with such proof of insurance as the director considers necessary to determine whether the applicant or licensee is adequately insured under this section.    (h)   If the insurance of a licensee lapses or is canceled and new insurance is not obtained, the director shall suspend the license until the licensee provides evidence that insurance coverage required by this section has been obtained. A person shall not operate a vehicle immobilization service while a license is suspended under this section whether or not the action is appealed. A $52 fee must be paid before a license suspended under this section will be reinstated.    (i)   No person with any direct or indirect ownership interest in the licensee’s vehicle immobilization service may have any operational control, direct or indirect, in any insurance company that provides insurance required by this section to the vehicle immobilization service. For purposes of this subsection, “operational control” means holding any management position with the insurance company (including, but not limited to, the chief executive officer, the president, any vice- president, or any person in a decision-making position with respect to insurance claims) or having the right to control the actions or decisions of any person in such a management position in the insurance company. (Ord. Nos. 27629; 30215) SEC. 48C-31.   INFORMATION TO BE SUPPLIED UPON REQUEST OF DIRECTOR.    Upon request of the director, a licensee shall submit to the director the following information:       (1)   A current consolidated list of vehicle immobilization equipment.       (2)   A current financial statement that includes a balance sheet and income statement.       (3)   Names of current officers, owners, and managers.       (4)   A list of current vehicle immobilization operators employed by the licensee, with their vehicle immobilization operator’s permits indicated.       (5)   The trade name of the vehicle immobilization service.       (6)   A current list of parking lot owners with which the licensee has a written agreement to immobilize vehicles and the parking lot locations where vehicle immobilization is authorized to be performed under the written agreement. (Ord. 27629, eff. 10-1-09) SEC. 48C-32.   VEHICLE IMMOBILIZATION SERVICE RECORDS.    (a)   For each vehicle immobilized by a vehicle immobilization service, a licensee shall retain records including, but not limited to, the following information:       (1)   A physical description of the immobilized vehicle, including the make, model, color, state license plate number, and vehicle identification number of the vehicle.       (2)   The location at which the vehicle was immobilized and the date and time of immobilization.       (3)   The reason for immobilization of the vehicle.       (4)   Any photographs taken of the immobilized vehicle.       (5)   A copy of the written authorization by the parking lot owner for the vehicle to be immobilized by the licensee or a current written immobilization agreement between the parking lot owner and the licensee, as required by Section 48C-41.       (6)   A copy of the receipt issued by the licensee or permittee to a vehicle owner or operator upon removal of a boot in accordance with Section 48C-44 of this chapter.    (b)   The licensee shall retain the records required under Subsection (a) and any other records required by this chapter for not less than three years after the date of immobilization of the vehicle. The licensee shall make the records available for inspection by the director or a peace officer upon reasonable notice and request. (Ord. 27629, eff. 10-1-09) SEC. 48C-33.   FAILURE TO PAY AD VALOREM TAXES.    A licensee or an applicant for a vehicle immobilization service license shall not allow the payment of ad valorem taxes upon any vehicle, equipment, or property used directly or indirectly in connection with the vehicle immobilization service to become delinquent. (Ord. 27629, eff. 10-1-09) ARTICLE V. SERVICE RULES AND REGULATIONS. SEC. 48C-34.   APPAREL TO BE WORN BY VEHICLE IMMOBILIZATION OPERATORS.    (a)   A licensee shall specify and require an item of apparel or an item placed on the apparel to be worn by vehicle immobilization operators employed by the licensee, which item must be of such distinctive and uniform design as to readily identify the licensee’s vehicle immobilization service and must bear the name of the licensee’s vehicle immobilization service. The item specified by each licensee must be approved by the director to ensure that operators of one licensee may be easily distinguished from operators of another.    (b)   While on duty, a vehicle immobilization operator shall wear the item specified by the licensee who employs the operator and shall comply with such other identification regulations prescribed by the vehicle immobilization service license.    (c)   Every vehicle immobilization service shall have company dress standards for vehicle immobilization operators employed by the licensee. These standards must be kept on file with the director and must include the following:       (1)   While on duty, a driver may not wear:          (A)   apparel with offensive or suggestive language;          (B)   cut offs; or          (C)   tank tops or halter tops.       (2)   Shoes must be worn at all times in the manner for which they were designed. A vehicle immobilization operator may not wear beach or shower thongs.       (3)   A vehicle immobilization operator and the operator’s clothing must conform to basic standards of hygiene and be neat, clean, and sanitary at all times. (Ord. 27629, eff. 10-1-09) SEC. 48C-35.   IMMOBILIZATION OF VEHICLES ON PUBLIC RIGHTS-OF-WAY.    (a)   A licensee commits an offense if he, either personally or through an employee or agent, immobilizes a vehicle on:       (1)   a public street; or       (2)   any area between the property line of private property abutting a public street and the center line of the street’s drainage way or the curb of the street, whichever is farther from the property line of the private property.    (b)   It is a defense to prosecution under Subsection (a) that:       (1)   the vehicle was immobilized on a portion of public right-of-way leased by the city to the person requesting immobilization of the vehicle, if such immobilization was not prohibited by the lease and the immobilization was done:          (A)   by a vehicle immobilization service currently licensed under this chapter; and          (B)   in compliance with all the requirements of this chapter and any other applicable city ordinance or state or federal law; or       (2)   the vehicle immobilization was authorized by a police officer or a traffic and parking controller under Section 28-5.1 of this code. (Ord. 27629, eff. 10-1-09) SEC. 48C-36.   IMMOBILIZATION OF AUTHORIZED VEHICLES PROHIBITED.    A person commits an offense if he intentionally or knowingly immobilizes or causes the immobilization of a vehicle, other than an unauthorized vehicle, on a parking lot. (Ord. 27629--) SEC. 48C-37.   FINANCIAL INTERESTS OF PARKING LOT OWNER AND LICENSEE PROHIBITED.    (a)   A licensee commits an offense if he, either personally or through an employee or agent:       (1)   directly or indirectly gives anything of value, other than a sign or notice required to be posted under this chapter, to a parking lot owner in connection with the immobilization of a vehicle on the parking lot; or       (2)   has a direct or indirect monetary interest in a parking lot on which the licensee, for compensation, immobilizes or causes the immobilization of an unauthorized vehicle.    (b)   A parking lot owner commits an offense if he, either personally or through an employee or agent:       (1)   accepts anything of value, other than a sign or notice required to be posted under this chapter, from a vehicle immobilization service in connection with the immobilization of a vehicle on the parking lot; or       (2)   has a direct or indirect monetary interest in a vehicle immobilization service that, for compensation, immobilizes or causes the immobilization of an unauthorized vehicle on the parking lot.    (c)   It is a defense to prosecution under Subsection (a)(2) that:       (1)   the licensee is an owner or employee of the parking lot on which the vehicle is immobilized; and       (2)   the licensee’s vehicle immobilization service does not charge any vehicle immobilization fee authorized under Section 48C-44(a) of this chapter or any other fee, fine, or penalty to a vehicle owner or operator for removal of a boot; except that, the licensee may collect any outstanding parking fee, not including any fine or penalty, from the vehicle owner or operator in accordance with Section 48C-44(b) of this chapter.    (d)   It is a defense to prosecution under Subsection (b)(2) that:       (1)   the parking lot owner is an owner or employee of a licensed vehicle immobilization service; and       (2)   the vehicle immobilization service in which the parking lot owner has a financial interest does not charge any vehicle immobilization fee authorized under Section 48C-44(a) of this chapter or any other fee, fine, or penalty to a vehicle owner or operator for removal of the boot; except that, the parking lot owner may collect any outstanding parking fee, not including any fine or penalty, from the vehicle owner or operator in accordance with Section 48C-44(b) of this chapter. (Ord. 27629--) SEC. 48C-38.   REQUIREMENT FOR PARKING FEE RECEIPT.    (a)   A parking lot owner commits an offense if he, either personally or through an employee or agent, immobilizes or causes the immobilization of a vehicle on a parking lot unless at the time a vehicle is parked on the parking lot, the parking lot owner provides a receipt in accordance with Subsection (b) of this section to a vehicle owner or operator in exchange for payment of the parking fee.    (b)   A parking lot owner shall provide the receipt required under Subsection (a) of this section by either an electronic pay station or a uniformed parking lot attendant, and the receipt must indicate:       (1)   the amount paid to park the vehicle by the vehicle owner or operator;       (2)   the date and time the parking fee was received from the vehicle owner or operator;       (3)   the time when authorization for the vehicle to be parked on the parking lot expires; and       (4)   the location of the parking lot on which the vehicle is parked. (Ord. Nos. 27629; 27803) SEC. 48C-39.   REQUIREMENTS FOR PARKING LOT ATTENDANTS.    A parking lot owner that uses a parking lot attendant to collect the fee for parking on the parking lot and to provide a vehicle owner or operator with the parking fee receipt under Section 48C-38 shall specify and require an item of apparel to be worn by the parking lot attendant that is of such distinctive and uniform design as to readily identify the parking lot attendant as an employee or agent of the parking lot owner authorized to receive payment. (Ord. 27629) SEC. 48C-40.   REQUIREMENTS FOR POSTING SIGNS.    (a)   A person commits an offense if he immobilizes or causes the immobilization of a vehicle on a parking lot without signs being posted and maintained on the parking lot in accordance with this section at the time of immobilization and for at least 24 hours prior to immobilization of the vehicle.    (b)   Except as otherwise provided by Section 48C-41 of this chapter, at least one sign must be placed on the right or left side of each driveway access or curb cut allowing access to the parking lot. If curbs, access barriers, landscaping, or driveways do not establish definite vehicle entrances onto the parking lot from a public roadway, other than an alley, or if the width of an entrance exceeds 35 feet, signs must be placed at intervals along the entrance so that no entrance is farther than 25 feet from a sign. At least two signs must be placed on the interior of the parking lot. The director may require one additional interior sign to be posted for each 50 parking spaces over 150 contained on the lot.    (c)   Each sign required by Subsection (b) to be placed upon a parking lot must:       (1)   be approved by the director;       (2)   contain:          (A)   the following information in white letters at least two inches high on a bright red background:             (i)   the words “VEHICLE IMMOBILIZATION ENFORCED”; and             (ii)   a statement that payment for parking must be made to the pay station or uniformed parking attendant;          (B)   the following information on the next lower portion of the sign in red letters at least one inch high on a white background:             (i)   the words, “Unauthorized Vehicles Will Be Immobilized at Owner’s or Operator’s Expense. Failure to Pay Parking Rate is Deemed Owner’s or Operator’s Consent to Vehicle Immobilization”; and             (ii)   the days and hours immobilization is enforced at the location, which may be satisfied by a statement that immobilization is enforced at all times; and          (C)   the following information on the bottommost portion of the sign in white letters at least one inch high on a bright red background:             (i)   the name, street address, and current telephone number, including area code, of the vehicle immobilization service; and             (ii)   a telephone number answered 24 hours a day, seven days a week, at which a vehicle owner or operator may obtain information to have the boot removed from the vehicle, if different from the telephone number listed in Subparagraph (C)(i);       (3)   be at least 24 inches tall and 18 inches wide and constructed of a rigid weather-resistant metal;       (4)   be permanently mounted on a pole, post, permanent wall, or permanent barrier;       (5)   be readable day and night;       (6)   be permanently installed on the parking lot in a manner and location approved by the director so that the sign is facing and conspicuous to any person entering the lot; and       (7)   be posted so that the bottom edge of the sign is not lower than five feet or higher than eight feet above ground level.    (d)   In addition to the signs required to be posted under Subsection (b) of this section, the following two signs must be posted and maintained on the interior of the parking lot in a location and manner approved by the director:       (1)   The first sign must meet all of the requirements of Subsection (c) of this section, except that all wording must be in Spanish instead of English and the translation must be approved by the director.       (2)   The second sign must comply with form, size, color, and wording requirements established by rule or regulation of the director and must include the following information in both English and Spanish:          (A)   the maximum vehicle immobilization fee that may be charged under this chapter; and          (B)   a statement of how and to whom a complaint concerning a vehicle’s immobilization or a violation of this chapter can be made, which information must be approved by the director.    (e)   A person commits an offense if, on the same parking lot, he posts or allows the posting of a sign or signs indicating the name of more than one vehicle immobilization service.    (f)   A person commits an offense if he removes or obstructs or allows the removal or obstruction of a sign required by this section to be posted on a parking lot. It is a defense to prosecution under this subsection that the removal or obstruction was caused by:       (1)   a city employee in the performance of official duties; or       (2)   the parking lot owner or vehicle immobilization service licensee or operator authorized by the parking lot owner for the purpose of:          (A)   repairing or maintaining the sign;          (B)   complying with this chapter or a rule or regulation promulgated under this chapter; or          (C)   terminating a vehicle immobilization service agreement for the parking lot.    (g)   A minor variation of a required or minimum height of a sign or lettering is not a violation of this chapter.    (h)   It is a defense to prosecution under Subsection (a) of this section that the vehicle was immobilized by or under the direction of a police officer or traffic and parking controller of the city. (Ord. 27629) SEC. 48C-41.   REQUIREMENTS FOR IMMOBILIZATION.    (a)   A person commits an offense if he immobilizes or causes the immobilization of a vehicle on a parking lot unless:       (1)   at the time the vehicle is to be immobilized:          (A)   the parking lot owner signs written authorization for immobilization of the vehicle by the vehicle immobilization service, or          (B)   a current written agreement exists between the parking lot owner and the vehicle immobilization service authorizing immobilization of unauthorized vehicles on the parking lot and a photograph is taken reasonably showing that the immobilized vehicle was unauthorized on the parking lot; and       (2)   at the time the vehicle is to be immobilized and for at least 24 hours prior to immobilization:          (A)   a sign is posted and maintained on the parking lot that:             (i)   is facing and conspicuous to any person entering the lot; and             (ii)   displays all parking rates, including special event rates, charged by the parking lot owner, along with any corresponding day, time, and event for which the rates are charged;          (B)   all numbered parking spaces in the parking lot are correctly numbered and easily readable both day and night; and          (C)   the parking lot:             (i)   is in compliance with all city, state, and federal laws applicable to parking lots; and             (ii)   meets the requirements for surface parking lots set forth in Section 51A-4.124(a)(9)(E) and (F) of the Dallas City Code, as amended, regardless of where in the city the parking lot is located.    (b)   The written authorization for immobilization required by Subsection (a)(1)(A) must contain:       (1)   a description of the vehicle to be immobilized including the make, model, color, state license plate number, and vehicle identification number of the vehicle;       (2)   the date and time of the vehicle’s immobilization;       (3)   the location at which the vehicle is immobilized;       (4)   the reasons for immobilizing the vehicle; and       (5)   the signature of the parking lot owner.    (c)   The written agreement required by Subsection (a)(1)(B) must:       (1)   contain a clear election, signed by the parking lot owner or the parking lot owner’s duly authorized agent, as to whether the vehicle immobilization service is authorized to immobilize unauthorized vehicles on the parking lot 24 hours a day, seven days a week or only during the normal business hours of the parking lot owner; and       (2)   be renewed at least every two years and whenever there is a change in ownership of the parking lot. (Ord. 27629) SEC. 48C-42.   REQUIREMENTS FOR INSTALLATION AND REMOVAL OF A BOOT.    A licensee or permittee commits an offense if he, either personally or through an employee or agent:       (1)   immobilizes a vehicle and fails to install at least one boot on a tire located on the driver’s side of the vehicle;       (2)   immobilizes a vehicle on a parking lot for which the parking lot owner does not provide a receipt to the vehicle owner or operator under Section 48C-38 of this article;       (3)   fails to arrive at a parking lot within 30 minutes after the time the licensee is notified to do so by the vehicle owner or operator or the owner or operator’s representative; or       (4)   fails to remove a boot without charge to the vehicle owner or operator, or to the parking lot owner, if the removal is requested before the boot is completely installed. (Ord. Nos. 27629; 27803) SEC. 48C-43.   NOTIFICATION OF VEHICLE OWNER.    (a)   A licensee or permittee shall provide the owner of any vehicle immobilized on a parking lot by the licensee with written notice containing the following information:       (1)   The company name, address, telephone number, and vehicle immobilization service license number of the licensee.       (2)   A statement that the vehicle has been immobilized and damage may occur if the vehicle is moved.       (3)   The date and time the vehicle was immobilized.       (4)   An explanation of how to request removal of the boot from the vehicle, including a telephone number, answered 24 hours a day, at which a vehicle owner or operator may obtain information to have the boot removed from the vehicle.       (5)   The amount of the immobilization fee and any outstanding parking fees.       (6)   A statement approved by the director explaining how and to whom a complaint concerning the vehicle’s immobilization or a violation of this chapter can be made.       (7)   A statement that the vehicle owner or operator has a right to request a hearing under Subchapter J, Chapter 2308 of the Texas Occupations Code, as amended, regarding whether probable cause existed to immobilize the vehicle.    (b)   The notice must be adhered to the front windshield and driver’s side window of the vehicle at the time of immobilization.    (c)   The licensee shall include with the notice required under Subsection (a) of this section a notice that complies with the content requirements of Section 2308.455 of the Texas Occupations Code, as amended. (Ord. 27629) ARTICLE VI. VEHICLE IMMOBILIZATION SERVICE FEES. SEC. 48C-44.   MAXIMUM FEE SCHEDULE; RECEIPT FOR PAYMENT OF IMMOBILIZATION FEE AND OUTSTANDING PARKING FEES.    (a)   The maximum fee that a licensee or permittee may charge is $100 for immobilization of an unauthorized vehicle.    (b)   A licensee or permittee may collect any outstanding parking fee, not including any fine or penalty, from the vehicle owner or operator on behalf of the parking lot owner.    (c)   A licensee or permittee commits an offense if he, either personally or through an employee or agent, charges:       (1)   more than the maximum fee allowed by this section for vehicle immobilization; or       (2)   any fee in addition to the fees authorized in this section, including any fee to process a payment made by a vehicle owner or operator in the form of an electronic check, debit card, or major credit card.    (d)   A licensee or permittee shall provide a vehicle owner or operator the option of paying the fee for vehicle immobilization by cash, electronic check, debit card, or major credit card.    (e)   Upon removal of a boot, a licensee or permittee shall provide to the vehicle owner or operator:       (1)   a receipt in exchange for payment of the vehicle immobilization fee or any outstanding parking fees; and       (2)   notice of the right of the vehicle owner or operator to request a hearing regarding whether probable cause existed to immobilize the vehicle, which notice shall comply with Section 2308.455 of the Texas Occupations Code, as amended.    (f)   The receipt required under Subsection (e)(1) must indicate:       (1)   the name of the licensee or permittee that removed the boot;       (2)   the date and time the boot was removed from the vehicle;       (3)   the name of the vehicle owner or operator;       (4)   the amount paid by the vehicle owner or operator for the vehicle immobilization fee and any outstanding parking fees; and       (5)   the right of the vehicle owner or operator to request a hearing under Subchapter J, Chapter 2308 of the Texas Occupations Code, as amended, regarding whether probable cause existed to immobilize the vehicle.    (g)   If a parking lot owner removes or causes the removal of a boot from a vehicle that has been immobilized on a parking lot in order to have that vehicle towed from the parking lot under Chapter 48A of the Dallas City Code, the licensee or permittee who removes the boot may not charge the vehicle owner or operator the vehicle immobilization fee or any other fee, fine, or penalty for immobilization of the vehicle. The vehicle tow service that tows the vehicle from the parking lot may charge the vehicle owner or operator the vehicle tow service fee authorized under Section 48A-43 of this code. (Ord. 27629) ARTICLE VII. VEHICLE IMMOBILIZATION EQUIPMENT. SEC. 48C-45.   VEHICLE IMMOBILIZATION EQUIPMENT.    (a)   Each boot used by a vehicle immobilization service must:       (1)   not be modified from the manufacturer’s design; and       (2)   be maintained in a safe and good working condition.    (b)   The director or a peace officer may, at any time, inspect a boot or other equipment used by a licensee for vehicle immobilization service to determine whether the equipment complies with this section.    (c)   A licensee or permittee commits an offense if he, either personally or through an employee or agent, immobilizes a vehicle with a boot that has not been reported to the city under Section 48C-6(b) or 48C-31. (Ord. 27629) ARTICLE VIII. ENFORCEMENT. SEC. 48C-46.   AUTHORITY TO INSPECT.    (a)   The director or a peace officer may inspect any vehicle immobilization service to determine whether the licensee or permittee complies with this chapter, regulations established under this chapter, or other applicable law.    (b)   A licensee or permittee, either personally or through an employee or agent, shall not attempt to interfere or refuse to cooperate with the director or a peace officer in the conduct of any investigation or discharge of any duty pursuant to this chapter. (Ord. 27629) SEC. 48C-47.   ENFORCEMENT BY POLICE DEPARTMENT.    Officers of the police department shall assist in the enforcement of this chapter. A police officer upon observing a violation of this chapter, or of any regulation established by the director pursuant to this chapter, shall take necessary enforcement action to ensure effective regulation of vehicle immobilization service. (Ord. 27629) SEC. 48C-48.   CORRECTION ORDER.    (a)   If the director determines that a licensee, either personally or through an employee or agent, violates this code, the terms of its license, a regulation established by the director, or other law, the director may notify the licensee in writing of the violation and by written order direct the licensee to correct the violation within a reasonable period of time. In setting the time for correction, the director shall consider the degree of danger to the public health or safety and the nature of the violation. If the violation involves equipment that is unsafe or functioning improperly, the director shall order the licensee to immediately cease use of the equipment.    (b)   If the director determines that a violation constitutes an imminent and serious threat to the public health or safety, the director shall order the licensee to correct the violation immediately, and, if the licensee fails to comply, the director shall promptly take or cause to be taken such action as the director considers necessary to enforce the order immediately.    (c)   The director shall include in a notice issued under this section an identification of the specific violation, the date of issuance of the notice and the time period within which the violation must be corrected, a warning that failure to comply with the order may result in suspension or revocation of license or imposition of a fine or both, and a statement indicating that the order may be appealed to the city manager. (Ord. 27629) SEC. 48C-49.   SERVICE OF NOTICE.    (a)   A licensee shall designate and maintain a representative to receive service of notice required under this chapter to be given a licensee.    (b)   Notice required under this chapter to be given to:       (1)   a licensee must be personally served by the director on the licensee or the licensee’s designated representative; or       (2)   a permittee must be personally served or sent by certified United States Mail, five day return receipt requested, to the address, last known to the director, of the person to be notified.    (c)   Notice required under this chapter to be given to a person other than a licensee or permittee may be served in the manner prescribed by Subsection (b)(2).    (d)   Service executed in accordance with this section constitutes notice to the person to whom the notice is addressed. The date of service for notice that is mailed is the date received. (Ord. 27629) SEC. 48C-50.   APPEAL.    (a)   A licensee may appeal a correction order issued under Section 48C-48 if an appeal is requested in writing not more than 10 days after notice of the order or action is received.    (b)   The city manager or a designated representative shall act as the appeal hearing officer in an appeal hearing under this section. The hearing officer shall give the appealing party an opportunity to present evidence and make argument. The formal rules of evidence do not apply to an appeal hearing under this section, and the hearing officer shall make a ruling on the basis of a preponderance of evidence presented at the hearing.    (c)   The hearing officer may affirm, modify, or reverse all or a part of the order of the director. The decision of the hearing officer is final. (Ord. 27629) SEC. 48C-51.   OFFENSES.    (a)   A person commits an offense if he violates a provision of this chapter applicable to him. A separate offense is committed each day in which an offense occurs.    (b)   An offense committed under this chapter is punishable by a fine of not less than $200 or more than $500. The minimum fine established in this subsection will be doubled for the second conviction of the same offense within any 24-month period and trebled for the third and subsequent convictions of the same offense within any 24-month period. At no time may the minimum fine exceed the maximum fine established in this subsection.    (c)   The culpable mental state required for the commission of an offense under this chapter is governed by Section 1-5.1 of this code.    (d)   Prosecution for an offense under Subsection (a) does not prevent the use of other enforcement remedies or procedures applicable to the person charged with the conduct or involved in the offense. (Ord. 27629) CHAPTER 49 WATER AND WASTEWATER ARTICLE I. GENERAL. Sec. 49-1.   Definitions. Sec. 49-2.   Chapter enforcement. ARTICLE II. RATES, CHARGES AND COLLECTIONS. Sec. 49-3.   Application for service; contents of application. Sec. 49-4.   Security deposits; exemptions. Sec. 49-5.   Use of security deposits. Sec. 49-6.   Security deposit refunds. Sec. 49-7.   Payments of fees for services; delinquency of charges; discontinuance or refusal of service; notice of discontinuance. Sec. 49-8.   New application for premises with delinquent charges. Sec. 49-9.   Meters required; meters to be read monthly; estimated charge; water leakage. Sec. 49-10.   Collection regulations; payment substation and payment service contracts. Sec. 49-11.   Waiver of substation security requirement. Sec. 49-12.   Joint owners or users; liability for charges; transfer of accounts. Sec. 49-13.   Water lien procedure. Sec. 49-14.   Notice of water lien. Sec. 49-15.   Notice of vacancy or transfer of property. Sec. 49-16.   Permission of owner or customer to be secured before using water; use before filing application for service. Sec. 49-17.   Director’s authority to contract; rates as consideration. Sec. 49-18.1.   Rates for treated water service. Sec. 49-18.2.   Rates for wastewater service. Sec. 49-18.3.   General service: Separate billing. Sec. 49-18.4.   Rates for wholesale water and wastewater service to governmental entities. Sec. 49-18.5.   Rate for untreated water. Sec. 49-18.6.   Fees for inspection and testing of meters and backflow prevention devices. Sec. 49-18.7.   Service connection charges. Sec. 49-18.8.   Security deposit amounts. Sec. 49-18.9.   Charges for use of fire hydrants. Sec. 49-18.10.   Special assessment rates; lot and acreage fees. Sec. 49-18.11.   Evaluated cost tables for oversize, side, or off-site facilities. Sec. 49-18.12.   Industrial surcharge rate formula for excessive concentrations. Sec. 49-18.13.   Charges for transporters of septic tank waste. Sec. 49-18.14.   Rates for development review activities. Sec. 49-18.15.   Payment table. Sec. 49-18.16.   Miscellaneous charges and provisions; rates where no charge specified. Sec. 49-18.17.   Hydrostatic testing of water mains. ARTICLE III. WATER AND WASTEWATER GENERALLY. Sec. 49-19.   Control of and access to systems; interference with access generally. Sec. 49-20.   Emergency authority. Sec. 49-21.   Adequacy of supply. Sec. 49-21.1.   Conservation measures relating to lawn and landscape irrigation. Sec. 49-22.   Temporary discontinuance for construction, maintenance or emergency reasons. Sec. 49-23.   Authorized employees; right of access of employees for inspection and maintenance; access of contractors. Sec. 49-24.   Service connections. Sec. 49-25.   Cross connections; location of water and sewer mains. Sec. 49-26.   Fire protection systems. Sec. 49-27.   Fire hydrants. Sec. 49-28.   Water storage tanks and pumping equipment. Sec. 49-29.   Backflow prevention devices. Sec. 49-30.   Private water mains or systems. Sec. 49-31.   Vending water. Sec. 49-32.   Wastewater indemnity agreements. Sec. 49-33.   Exposing meters or hydrants to damage; notice of work affecting systems; moving meters or hydrants. Sec. 49-34.   Communicating electricity to pipes. Sec. 49-35.   Water used for construction work. Sec. 49-36.   Reserved. Sec. 49-37.   Tampering with or damaging systems; unlawful use of water; prima facie evidence. Sec. 49-38.   Rights as to certain facilities outside of the city; rights upon annexation. Sec. 49-39.   Right to construction mains outside the city. Sec. 49-40.   Service outside the city. ARTICLE IV. WATER QUALITY. Sec. 49-41.   Purpose and policy. Sec. 49-42.   Enforcement. Sec. 49-43.   Certain wastes prohibited in the wastewater system. Sec. 49-44.   Waste disposal through vehicles, grease traps/interceptors, or other means. Sec. 49-45.   Right of entry of federal, state, and city employees. Sec. 49-46.   Permits required for discharge of industrial waste; applications; exemptions. Sec. 49-47.   Denial, suspension, or revocation of permits; amending permits. Sec. 49-48.   Pretreatment and disposal. Sec. 49-49.   Industrial surcharge for excessive concentrations; sampling fees. Sec. 49-50.   Estimated industrial surcharge for class group. Sec. 49-51.   Reporting requirements. Sec. 49-52.   Recordkeeping. Sec. 49-53.   Publication of industrial users in significant noncompliance. Sec. 49-54.   Regulation of wastes from other jurisdictions. Sec. 49-55.   Extrajurisdictional users. Sec. 49-55.1.   Inspection chambers. Sec. 49-55.2.   Measurement of waste volume. Sec. 49-55.3.   Inspection and sampling. Sec. 49-55.4.   Confidentiality. Sec. 49-55.5.   Waste management operators. Sec. 49-55.6.   Pollution of water in reservoirs. Sec. 49-55.7.   Deposit or discharge of certain material into wastewater system or storm-sewer. ARTICLE V. DEVELOPMENT AND SYSTEM EXTENSIONS. Sec. 49-56.   Authority to make capital improvements; special assessments; lot and acreage fees. Sec. 49-57.   Reserved. Sec. 49-58.   Reserved. Sec. 49-59.   Replacement of substandard mains. Sec. 49-60.   General rules for extensions by developers. Sec. 49-61.   Construction of developer extensions. Sec. 49-62.   Rules regarding the construction and cost of new mains in a development. Sec. 49-63.   Certain existing mains exempt. ARTICLE I. GENERAL. SEC. 49-1.   DEFINITIONS.    In this chapter:       (1)   ACT means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251, et seq.       (2)   AMENABLE TO TREATMENT means that a substance:          (A)   does not discharge or interfere with the operations of the wastewater system;          (B)   is acceptable for stream discharge and normal sludge disposal methods used by the city; and          (C)   does not pose a health or safety threat to city employees or contractors performing work in the wastewater system.       (3)   APPLICANT means a person who makes application to receive a service from the department.       (4)   APPROVAL AUTHORITY means the Director of the Texas Commission on Environmental Quality (TCEQ).       (5)   AUTHORIZED REPRESENTATIVE OF THE INDUSTRIAL USER means:          (A)   if the industrial user is a corporation,             (i)   the president, secretary, treasurer, or a vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or             (ii)   the manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions governing the operation of the regulated facility (Examples of management decisions or activities include, but are not limited to, having the explicit or implicit duty to make major capital investment recommendations, and initiate and direct these comprehensive measures to assure long-term compliance with environmental laws and regulations; having the authority to establish a system to gather complete and accurate information for individual wastewater discharge permit requirements; and having the authority to sign documents and bind the corporation in accordance with corporate procedures.);          (B)   if the industrial user is a partnership or sole proprietorship, a general partner or proprietor, respectively;          (C)   if the industrial user is the federal, state, or local government, the director or highest official appointed or designated to oversee the operation and performance of the activities of the governmental facility governed by these regulations, or the director’s or official’s designee; or          (D)   any individual designated to act as the authorized representative by an individual described in Paragraphs (5)(A) through (5)(C) if the authorization is in writing, specifies the individual or the position that is responsible for the overall operation of the facility from which the discharge originates (or position that has the overall responsibility for environmental matters for the entity), and is submitted to the city.       (6)   AUTOMATIC IRRIGATION SYSTEM means an irrigation system that will automatically cycle water using landscape sprinklers according to a preset program, whether used on a designated timer or through manual operation.       (7)   BACKFLOW PREVENTION DEVICE means a device, including but not limited to reduced pressure devices, double check valves and vacuum breakers, approved by the director and used to prevent water of unknown quality in private plumbing facilities from flowing back into the water system.       (8)   BEST MANAGEMENT PRACTICES (BMPs) means a schedule of activities, maintenance procedures, and other management practices that prevent the unlawful discharge of pollutants, listed in Section 49-36(b) and (c), into the wastewater system. BMPs include treatment requirements, operating procedures, and practices that control plant site runoff, spillage or leaks of chemicals, sludge or waste disposal, and drainage from raw material storage.       (9)   BOD (BIOCHEMICAL OXYGEN DEMAND) means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five days at 20 degrees centigrade, usually expressed as a concentration (e.g., mg/L).       (10)   BUILDING DRAIN means that part of the lowest horizontal piping of a drainage system that receives wastewater discharge from drainage pipes within a building, and conveys it to the building lateral that begins two feet outside the inner face of the building wall or foundation.       (11)   BUILDING LATERAL means the conduit or pipe extending from the building drain to the wastewater service line at the property line or other lawful place of disposal.       (12)   BUILDING WATER LINE means the water line on private premises that acts as the main water service to the premises.       (13)   BYPASS means the intentional diversion of industrial waste from any portion of an industrial user’s treatment facility.       (14)   CATEGORICAL INDUSTRIAL USER means an industrial user subject to a categorical pretreatment standard or categorical standard as defined in Title 40, Code of Federal Regulations, Part 403.3(v)(1)(i), as amended.       (15)   CITY means the city of Dallas, Texas.       (16)   CITY ATTORNEY means the city attorney of the city, or the city attorney’s authorized assistants.       (17)   CITY COUNCIL means the governing body of the city.       (18)   CITY ENVIRONMENTAL HEALTH OFFICER means the environmental health officer of the city appointed by the city manager pursuant to Section 19-1(b) of this code, or an authorized representative.       (19)   CITY MANAGER means the city manager of the city, or the city manager’s authorized assistants.       (20)   CITY PLAN COMMISSION means the city plan and zoning commission of the city. The city plan commission is the body authorized to give final approval to plats of property within the city.       (21)   CITY RESERVOIR means Lake Ray Hubbard, White Rock Lake, Bachman Lake, and that portion of Joe Pool Lake located within the territorial jurisdiction of the city.       (22)   CITY SECRETARY means the city secretary of the city, or the city secretary’s authorized assistants.       (23)   CLOSED SPRINKLER SYSTEM means a fire protection system with automatic water flow sprinklers from which no water may be taken manually except from the test cock.       (24)   COD (CHEMICAL OXYGEN DEMAND) means the measure of oxygen consuming capacity, expressed in mg/L. The term is expressed as the amount of oxygen consumed from a chemical oxidant in a specific test. The term does not differentiate between stable and unstable organic matter and does not necessarily correlate with biochemical oxygen demand.       (25)   COMPOSITE SAMPLES means samples collected during a period of time exceeding 15 minutes and combined into one sample.       (26)   CONTROL AUTHORITY means the city of Dallas.       (27)   CORNER LOT means a lot that abuts upon not more than one pair of intersecting public streets within a larger platted subdivision.       (28)   CROSS CONNECTION means any physical connection or arrangement of pipes or devices between two otherwise separate water supply systems, one of which contains potable water and the other water of unknown or questionable quality, whereby water may flow from one system to the other, the direction of flow depending upon pressure differential between the two systems.       (29)   CUSTOMER means a person who:          (A)   is the customer of record;          (B)   has made application for a service, and the service has been provided or made available by the department at the location specified in the application pending final approval of the application; or          (C)   actually uses, receives, or benefits from a service, even though no account for service may exist or no application for service may have been made in that person’s name.       (30)   CUSTOMER OF RECORD means a person who has an account in that person’s name with the department for a service, based upon an application made with and approved by the director.       (31)   DAILY MAXIMUM LIMIT means the maximum allowable discharge limit of a pollutant during a calendar day. Where daily maximum limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where daily maximum limits are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day.       (32)   DEPARTMENT means the water utilities department of the city, except that for purposes of administering, implementing, and enforcing provisions of this chapter relating to the construction of public infrastructure improvements by private developers, "department" means the department of development services.       (33)   DESIGNATED OUTDOOR WATER USE DAYS means Sundays and Thursdays for a customer with a street address ending in an even number (0, 2, 4, 6, or 8) or with no street address number, and Saturdays and Wednesdays for a customer with a street address ending in an odd number (1, 3, 5, 7, or 9). An apartment complex, office building complex, or other property containing multiple street addresses must use the lowest street address number to determine the designated outdoor water use days for the property.       (34)   DEVELOPER means:          (A)   the owner or agent of the owner platting, replatting, or otherwise developing lots or tracts of property for further sale, lease, development, or redevelopment for residential, commercial, or industrial uses; or          (B)   a person who does not otherwise qualify as an individual owner under this chapter.       (35)   DIRECTOR means the director of the department designated to implement, administer, or enforce a particular provision of this chapter, or the director’s authorized assistants and representatives.       (36)   EPA means the United States Environmental Protection Agency or, where appropriate, the regional administrator or other duly authorized official of the agency.       (37)   EVALUATED COST means the cost of a water or wastewater main, established by unit values for the size of main and appurtenances, as prescribed in Section 49-18.11.       (38)   FIRE PROTECTION SYSTEM means any configuration of pipes connected to a sprinkler system or other fire protection device on private premises that, when connected to the water system, is used to extinguish fires.       (39)   FOOD SERVICE ESTABLISHMENT means any industrial user engaged primarily or incidentally in the preparation of food for human or animal consumption, except that the term does not include any user discharging domestic wastewater from premises used exclusively for residential purposes. The term includes but is not limited to restaurants, motels, hotels, cafeterias, hospitals, schools, bars, delicatessens, meat processing operations, bakeries, and similar operations.       (40)   FLOATABLE GREASE means grease, oil, or fat in a physical state such that it will separate or stratify by gravity in wastewater.       (41)   GARBAGE means animal and vegetable waste and residue from the preparation, cooking, and dispensing of food and from the handling, storage, and sale of food products and produce.       (42)   GENERAL SERVICE means service to premises that are not residential service premises.       (43)   GOVERNMENTAL ENTITY means the United States, the State of Texas, any county, any municipal corporation, town, or village other than the city, any school, college, or hospital district, any district or authority created and existing under Article XVI, Section 59 or Article III, Section 52 of the Texas Constitution, any other entity considered a political subdivision of the State of Texas under state law, and any lawfully created and existing agencies of these governmental entities.       (44)   GRAB SAMPLE means a sample taken during a period of 15 minutes or less.       (45)   GREASE means oils, fats, cellulose, starch, proteins, wax, or other types of grease, oil, or fat regardless of origin and whether or not emulsified.       (46)   GREASE TRAP/INTERCEPTOR means a device that:          (A)   is designed to use differences in specific gravities to separate and retain light density liquids, waterborne fats, oils, and greases prior to the wastewater entering the wastewater system; and          (B)   serves to collect settleable solids, generated by and from food preparation activities, prior to the water exiting the trap/ interceptor and entering the wastewater system.       (47)   HOSE-END SPRINKLER means a device through which water flows from a hose to a sprinkler to water any lawn or landscape.       (48)   INDIRECT DISCHARGE or DISCHARGE means the introduction of pollutants into the wastewater system from any nondomestic source.       (49)   INDIVIDUAL OWNER means:          (A)   an owner requesting extension of an existing water or wastewater main to property that is or will be used in the operation of the owner’s own residence or in the operation of a business not requiring larger than a one- inch water service connection, which property will not be further sold or leased in connection with its intended function; or          (B)   a governmental entity requesting the construction or extension of a water or wastewater main to serve property the entity owns or leases for its own use, regardless of the size of service connection utilized, except that this term does not include a governmental entity that requires, among other things, the construction or extension of an off-site water or wastewater main in order to serve its proposed land use or development.       (50)   INDUSTRIAL SURCHARGE means the additional charge made to a person who discharges into the wastewater system industrial waste that is amenable to treatment by the wastewater system but that exceeds the strength of normal wastewater.       (51)   INDUSTRIAL USER means a source of indirect discharge or the nondomestic source of pollutants into the wastewater system.       (52)   INDUSTRIAL WASTE means wastewater or other water-borne solids, liquids, grease, sand, or gaseous substances resulting from an industrial, manufacturing, or food processing operation, from the operation of a food service establishment, from the development of a natural resource, or from any other nondomestic source, or any mixture of these substances with water or normal domestic wastewater.       (53)   INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT means the maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composite sample collected, independent of the industrial flow rate and the duration of the sampling event.       (54)   INTERFERENCE means a discharge that, alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the wastewater system, its treatment processes or operations, or its sludge processes, use, or disposal.       (55)   INTERRUPTIBLE SERVICE means the supply of untreated water provided by contract specifically stating that the supply may be totally discontinued for indefinite periods of time due to the need to conserve or have the untreated water available for municipal use.       (56)   MAYOR means the mayor of the city.       (57)   MGD means million gallons per day.       (58)   MGL (MILLIGRAMS PER LITER) (mg/L) is a weight per volume concentration; the milligram-per-liter value multiplied by the factor 8.34 is equivalent to pounds of constituent per million gallons of water.       (59)   MONTHLY AVERAGE LIMIT means the highest allowable average of "daily discharges” over a calendar month, calculated as the sum of all "daily discharges” measured during a calendar month divided by the number of "daily discharges” measured during that month.       (60)   NATIONAL CATEGORICAL PRETREATMENT STANDARDS means the national pretreatment standards promulgated by the EPA, pursuant to Sections 307(b) and (c) of the Act, imposed upon existing or new industrial users in specific industrial subcategories as specified in Title 40, Code of Federal Regulations, Parts 405 through 471, as amended.       (61)   NATIONAL PRETREATMENT STANDARDS means any pretreatment regulations containing pollutant discharge limits that have been established or will be established for industrial users by the EPA, including but not limited to prohibitive discharge limits established pursuant to Title 40, Code of Federal Regulations, Part 403.5, as amended.       (62)   NEW SOURCE means any building, structure, facility, or installation from which there is (or may be) a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Act, provided that all of the following apply:          (A)   The building, structure, facility, or installation is constructed at a site at which no other source is located.          (B)   The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source. If the construction only alters, replaces, or adds to existing process or production equipment, no new source is created.          (C)   The production or wastewater generating processes of the building, structure, facility, or installation are substantially independent of an existing source at the same site. To determine whether the production or wastewater generating processes are substantially independent, the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, must be considered. If the construction only alters, replaces, or adds to existing process or production equipment, no new source is created. For purposes of this definition, construction of a new source has commenced if the owner or operator has:             (i)   begun, as part of a continuous onsite construction program, any placement, assembly, or installation of facilities or equipment or significant site preparation work, including the clearing or excavation of the property, or the removal of existing buildings, structures, or facilities necessary for the placement, assembly, or installation of new source facilities or equipment; or             (ii)   entered into a binding contractual obligation for the purchase of facilities or equipment that are intended to be used in its operation within a reasonable time. An option to purchase, a contract that can be terminated or modified without substantial loss, or a contract for feasibility, engineering, and design studies does not constitute a contractual obligation.       (63)   NONCONTACT COOLING WATER means water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product, or finished product.       (64)   NORMAL WASTEWATER means wastewater of the city for which the average concentration of total suspended solids and five-day BOD is established at and does not exceed 250 mg/L.       (65)   NORMAL DOMESTIC WASTEWATER means wastewater normally discharged from the commodes or sanitary conveniences of dwellings (including apartment houses and hotels), office buildings, factories and institutions, free from storm or ground water and industrial waste.       (66)   OBSTRUCT means to:          (A)   make passage impossible or unreasonably inconvenient or hazardous; or          (B)   interfere or cause interference with a specific activity in order to prevent the activity from starting, continuing, or concluding.       (67)   OFF-SITE EXTENSION means a water or wastewater main extension lying totally outside of the tract of land to be platted, replatted, developed, or redeveloped, except that this term does not include a water or wastewater main extension directly adjacent to or fronting on, and intended to serve or capable of serving only, the tract of land to be platted, replatted, developed, or redeveloped.       (68)   ON-SITE EXTENSION means a water or wastewater main extension that:          (A)   lies totally within a tract of land to be platted, replatted, developed, or redeveloped; or          (B)   lies directly adjacent to or fronting on the tract of land to be platted, replatted, developed, or redeveloped and is intended to serve or is capable of serving only that tract.       (69)   OVERSIZE COST means the difference between the evaluated cost of a water or wastewater main as built and the evaluated cost of the size of main determined to be the minimum size required to serve the subdivision. The minimum size used to determine oversize cost must never be less than the standard size water and wastewater mains as defined in this section.       (70)   OVERSIZE MAIN means a main that exceeds the minimum size of main necessary to serve a particular subdivision, as determined by the director, in order to allow the main to serve other property, as well as the subdivision.       (71)   OWNER means the legal fee title holder of record of property.       (72)   PASS THROUGH means the discharge of pollutants through the city’s wastewater system, treatment processes, or operations, or through a publicly- owned treatment works of a governmental entity treating wastewater under a contract with the city, into navigable waters in quantities or concentrations that, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the federal or state effluent discharge permit of the city or of a publicly-owned treatment works of a governmental entity treating wastewater under a contract with the city, including an increase in the magnitude or duration of a violation.       (73)   PAYMENT DEVICE means any check, item, paper or electronic payment, or other payment device used as a medium for payment.       (74)   PERMITTEE means a person granted a permit under this chapter.       (75)   PERSON means an individual, private or public corporation, partnership, association, limited liability company, governmental entity, firm, industry, or other entity.       (76)   pH means the logarithm (base 10) of the reciprocal of the hydrogen ion concentration of a solution.       (77)   POLLUTANT means any of the following:          (A)   Dredged spoil.          (B)   Solid waste.          (C)   Incinerator residue.          (D)   Filter backwash.          (E)   Sewage and sewage sludge.          (F)   Garbage.          (G)   Munitions.          (H)   Medical wastes.          (I)   Chemical wastes.          (J)   Biological or radioactive materials.          (K)   Heat.          (L)   Wrecked or discarded equipment.          (M)   Rock, sand, or cellar dirt.          (N)   Municipal, agricultural, and industrial wastes.          (O)   Certain characteristics of wastewater (e.g., pH, temperature, total suspended solids, turbidity, color, BOD, COD, toxicity, or odor).       (78)   PREMISES or PROPERTY means real property and includes improvements.       (79)   PRETREATMENT means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such pollutants into the wastewater system. Pretreatment does not include the dilution of pollutant concentration unless allowed by applicable pretreatment standards.       (80)   PRETREATMENT REQUIREMENTS means any substantive or procedural requirement related to pretreatment imposed on an industrial user, other than a pretreatment standard.       (81)   PRETREATMENT STANDARDS means pollutant concentration discharge limitation requirements established in this chapter and national pretreatment standards, including but not limited to prohibitive discharge limits established pursuant to Title 40, Code of Federal Regulations, Part 403.5, as amended.       (82)   PROCESS WASTEWATER means any water that, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, by-product, or waste product.       (83)   PROGRAMMED EXTENSION means the water or wastewater main extensions included in or consistent with the master plan of the system, for which funds have been currently budgeted and made available through a properly authorized capital expenditure program.       (84)   PROPERLY SHREDDED GARBAGE means garbage that has been shredded to such an extent that all particles will be carried freely under the flow conditions normally prevailing in wastewater mains, with no particle having greater than a one-half inch cross-sectional dimension.       (85)   PUBLICLY-OWNED TREATMENT WORKS (POTW) means that term as defined in Title 40, Code of Federal Regulations, Part 403.3(o), as amended.       (86)   RESIDENTIAL SERVICE means service to premises that are single- family or duplex dwelling units, or other premises containing dwelling units, each of which units is individually metered.       (87)   SATISFACTORY CREDIT HISTORY WITH THE DEPARTMENT means that service has not been cut off within the past 12 months for nonpayment of charges.       (88)   SERVICE means all water and water- related service provided for the use and benefit of persons inside and outside the city through the operations and facilities of the department, including but not limited to:          (A)   supply of untreated water;          (B)   supply of treated water;          (C)   wastewater collection, treatment, and disposal;          (D)   building and extension of service mains;          (E)   providing of meters and service connections to property;          (F)   discontinuance, restoration, or repair of service;          (G)   issuance and use of permits;          (H)   extension or replacement of service mains for which lot or acreage fees or other assessments are charged;          (I)   collections of rates or fees for service; and          (J)   other department activities for the benefit of the general public authorized under this chapter.       (89)   SERVICE LINE means the pipe or conduit that extends from the water or wastewater main and that connects with the meter or the building lateral to provide a water or wastewater service connection.       (90)   SIGNIFICANT INDUSTRIAL USER means an industrial user that is subject to categorical pretreatment standards under Title 40, Code of Federal Regulations, Part 403.6, as amended, and Title 40, Code of Federal Regulations, Chapter I, Subchapter N, as amended, and:          (A)   discharges an average of 25,000 gallons per day or more of process wastewater to the wastewater system, excluding sanitary, noncontact cooling, and boiler blowdown wastewater;          (B)   contributes a process wastestream that makes up five percent or more of the average dry weather hydraulic or organic capacity of the treatment plant of the wastewater system; or          (C)    is designated as a significant industrial user by the control authority on the basis that the industrial user has a reasonable potential for adversely affecting the wastewater system’s operation or for violating any pretreatment standard or requirement in accordance with Title 40, Code of Federal Regulations, Part 403.8(f)(6), amended.       (91)   SIGNIFICANT NONCOM-PLIANCE means any of the following:          (A)   Chronic violations of wastewater discharge limits, defined as those in which 66 percent or more of all of the measurements taken for the same pollutant parameter during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits, as defined in Title 40, Code of Federal Regulations, Part 403.3(1), as amended.          (B)   Technical review criteria (TRC) violations, defined as those in which 33 percent or more of all of the measurements taken for the same pollutant parameter during a six- month period equal or exceed the product of the numeric pretreatment standard or requirement including instantaneous limits, as defined in Title 40, Code of Federal Regulations, Part 403.3(1), as amended, multiplied by the applicable TRC (TRC=1.4 for BOD, total suspended solids, fats, oil, and grease, and 1.2 for all other pollutants except pH).          (C)   Any other violation of a pretreatment standard or requirement as defined in Title 40, Code of Federal Regulations, Part 403.3(1), as amended (daily maximum, long-term average, instantaneous limit, or narrative standard), that the publicly-owned treatment works determines has caused (alone or in combination with other discharges) interference or pass-through (including endangering the health of the publicly-owned treatment works’ personnel or the general public).          (D)   Any discharge of a pollutant that has caused imminent endangerment to human health, welfare, or the environment or has resulted in the publicly- owned treatment works’ exercise of its emergency authority under Title 40, Code of Federal Regulations, Part 403.8(f)(1)(vi)(b), as amended, to halt or prevent such a discharge.          (E)   Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance.          (F)   Failure to provide, within 45 days after the due date, required reports such as baseline monitoring reports, 90-day compliance reports, periodic self-monitoring reports, and compliance reports with compliance schedules.          (G)   Failure to accurately report noncompliance.          (H)   Any other violation or group of violations, including a violation of best management practices, that the director determines will adversely affect the operation or implementation of the local pretreatment program.       (92)   SLUG LOAD OR SLUG DISCHARGE means any discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards in Section 49-43 of this chapter. A slug discharge is any discharge of a non-routine, episodic nature, including but not limited to an accidental spill or a non- customary batch discharge, that has a reasonable potential to cause interference or pass- through, or in any other way violates the wastewater system’s regulations, local limits, or permit conditions.       (93)   STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODE means a classification scheme based on the type of manufacturing or commercial activity at a facility. Some facilities, depending on the manufacturing and activities occurring on site, may have more than one code number.       (94)   STANDARD METHODS means the laboratory procedures or techniques for the testing, sampling, or analysis of pollutants:          (A)   established and approved by the EPA; or          (B)   approved by the director with the concurrence of the EPA, where the EPA has not established procedures or techniques for testing, sampling, or analyzing a pollutant in question or determines that approved procedures or techniques are inappropriate for the pollutant in question.       (95)   STANDARD SIZE WASTEWATER MAIN means a wastewater main not less than eight inches in diameter.       (96)   STANDARD SIZE WATER MAIN means a water main that is:          (A)   not less than eight inches in diameter, but also of a size adequate to meet the hydraulic capacity of the water system; and          (B)   used for standard fire protection purposes as recognized by the Insurance Services Office, which is not less than six inches in diameter adequately supported by mains not less than eight inches in diameter, but also of a size adequate to meet the hydraulic capacity of the water system.       (97)   STANDBY SERVICE means connections, not normally used, to governmental entities contracting with the city for treated water.       (98)   STORM SEWER means a conduit, drainage ditch, stream, or other water course that may directly or indirectly carry storm or ground water to the Trinity River.       (99)   TCEQ means the Texas Commission on Environmental Quality.       (100)   TOTAL SUSPENDED SOLIDS (TSS) means solids that either float on the surface of, or are suspended in, water, wastewater, or other liquids and that, in accordance with standard methods, are removable by a standard, specific laboratory filtration device.       (101)   WASTE MANAGEMENT OPERATOR means a person engaged in the private business of receiving, storing, treating, or disposing of industrial waste.       (102)   WASTEWATER means water-carried waste.       (103)   WASTEWATER MAIN means a conduit or pipe of the wastewater system that conveys domestic wastewater or industrial wastes, or a combination of both, and into which storm surface water, ground water, or unpolluted wastes are not intentionally admitted. The term includes access structures, valves, and other appurtenances that are incidental to use of the wastewater main.       (104)   WASTEWATER SYSTEM means:          (A)   all treatment plants, mains, conveyances, pumps, interceptors, lift stations, connections, meters, sludge storage facilities, appurtenances, and other facilities of the city employed in the collection, treatment, and disposal of wastewater; or          (B)   the publicly-owned treatment works of the city or of a governmental entity receiving or treating wastewater of the city under a contract with the city.       (105)   WATER MAIN means a conduit or pipe of the water system that conveys water. The term includes fire hydrants, access structures, valves, and other appurtenances that are incidental to use of the water main.       (106)   WATER SYSTEM means all treatment plants, mains, pumps, meters, connections, supply reservoirs, storage tanks, appurtenances, and other facilities of the city employed in the purification, transportation, and supply of treated and untreated water.       (107)   WATER YEAR means the period that begins on June 1 of a year and ends on May 31 of the following year.       (108)   WHOLESALE SERVICE means:          (A)   the furnishing of untreated water to a customer, except for untreated water furnished only for domestic use;          (B)   the furnishing of treated water to a governmental entity for resale to customers of that entity; or          (C)   the collection and discharge of wastewater from the collection facilities of a governmental entity into the wastewater system for purposes of treatment. (Ord. Nos. 19201; 19526; 19622; 20653; 21409; 25047; 25214; 25256; 26925; 26961; 27697; 28084; 28622; 32002) SEC. 49-2.   CHAPTER ENFORCEMENT.    (a)   Authority. The director is authorized to enforce the provisions of this chapter.    (b)   Civil jurisdiction.       (1)   As an alternative to imposing the applicable criminal penalty prescribed in Section 49-2(d), the city may, as authorized by Section 54.044 of the Texas Local Government Code, impose administrative penalties, fees, and court costs in accordance with Article IV-b of Chapter 27 of this code for an offense under Section 49-21.1 of this chapter. The alternative administrative penalty range for an offense is the same as is prescribed for an offense in Section 49-2(d). The provisions of Article IV-b of Chapter 27 of this code pertaining to financial inability to comply with an administrative order do not apply to violations of this chapter.       (2)   This chapter may be enforced by civil court action as provided by state and federal law.    (c)   Offenses. A person who violates Sections 49-3(e), 49-16, 49-19(c), 49-20(f), 49-21.1, 49-23(c), 49-25(c), 49-27(b), 49-31(a), 49-34 and 49-37 of this chapter is guilty of a separate offense for each day or portion of a day during which the violation continues.    (d)   Penalty.       (1)   Each offense under Sections 49-20, 49-21.1, 49-25(c), 49-27(b), 49-31(a), 49-34, and 49-37(a)(3) is punishable by a fine not to exceed $2,000. Every other offense under this chapter is punishable by a fine not to exceed $500.       (2)   In addition to the maximum fine prescribed by Subsection (d)(1), an offense under Section 49-20 or 49-21.1 is punishable by a fine of not less than $250. This minimum fine will be doubled for the second conviction of the same offense within any 12-month period and trebled for the third and subsequent convictions of the same offense within any 12-month period. At no time may the minimum fine exceed the maximum fine established in Subsection (d)(1).    (e)   Culpability.       (1)   A person is criminally responsible for a violation of this chapter if the person:          (A)   commits or assists in the commission of a violation; or          (B)   is a customer, owner, tenant, permittee, or other person in control of the premises determined to be the source of a violation.       (2)   The culpable mental state required for the commission of an offense under this chapter is governed by Section 1-5.1 of this code.    (f)   Exception. This section does not apply to Article IV of this chapter. (Ord. Nos. 19201; 19682; 21606; 24745; 29618) ARTICLE II. RATES, CHARGES AND COLLECTIONS. SEC. 49-3.   APPLICATION FOR SERVICE; CONTENTS OF APPLICATION.    (a)   Application required. A person shall not use a service without first making the proper application for the service with the director. For general service accounts, a written application will be required of those persons from whom the director requires a security deposit. The application, when made in writing, must be made on forms provided by the director. The director is authorized to establish other procedures, not in conflict with this chapter or state law, to process and accept customer applications and to collect and process security deposits as necessary to secure customer accounts. The application requirements of this section do not apply to wholesale service contracts.    (b)   Restriction of application. The person making the application shall include that person’s spouse, if any, as an applicant on the application. If unmarried or unrelated individuals or unrelated business entities who jointly own or occupy premises desire service, the director may require application to be made jointly in the names of those individuals or business entities. The director may also require application for service to be made only by and in the name of the owner of property if the director determines that substantial risk of financial loss to the department would occur as a result of acceptance of an application from a person other than the owner.    (c)   Contract. The application constitutes a contract to pay all charges for service and to abide by all provisions of this chapter, the provisions of this code, and other local, state and federal laws relating to the service.    (d)   Fee. An applicant must pay an application fee in accordance with Section 49-18.16(a).    (e)   Accurate information. An applicant shall furnish the names and addresses of any other joint owners, regardless of whether or not they reside at the premises, if this information is known to the applicant. An applicant shall also furnish proper identification and shall correctly furnish any other relevant information, including but not limited to proof of ownership or agency, required by the department in order to properly provide the service. If information is not furnished or is false, the application may be denied and service, where provided, may be discontinued. A person commits an offense if he knowingly makes a false statement on an application for service under this chapter.    (f)   Use without application. A person who occupies premises and uses service without making application is responsible for all water used from the date of the last meter reading previous to that person occupying the premises. If the person is a tenant and the owner of the premises has failed to give the notice required in Section 49-15, then the owner is jointly and severally responsible with the tenant for the charges. (Ord. Nos. 19201; 19622; 20653) SEC. 49-4.   SECURITY DEPOSITS; EXEMPTIONS.    (a)   Form of security. Unless exempted under Subsection (f), when a customer applies for service, he must also submit a security deposit in one of the following forms:       (1)   cash;       (2)   guaranty bond;       (3)   letter of credit drawn on a state or federally chartered lending institution;       (4)   guarantee letter from another person who has an account with the department for service and has a satisfactory credit history with the department; or       (5)   other equivalent security approved by the director.    (b)   Amount. The director shall establish the amount of a security deposit in accordance with Section 49-18.8.    (c)   Failure to provide security. The director may refuse or discontinue service if a person fails to:       (1)   make a required security deposit with his application; or       (2)   increase the amount of his security deposit after being notified that an increase is required.    (d)   Form of noncash security. A customer must submit a noncash security deposit on a form provided by the director or on a form approved by the director and the city attorney.    (e)   Hardship cases. In cases of hardship the director may allow residential service customers to make cash deposits in installments.    (f)   Exemptions from security deposit requirement. Any of the following persons is not required to post a security deposit, provided he has a satisfactory credit history with the department:       (1)   A person seeking residential service who presents proof that he is 65 years of age or older.       (2)   A person seeking residential service who presents proof that he owns or is presently buying the residence to be served.       (3)   A person seeking service who provides a current report from a consumer credit reporting agency indicating a good credit standing.       (4)   A person who has had at least 12 months continuous service within the last 24 months and left no unpaid balance.       (5)   A person who can provide proof that his account with another utility is not delinquent and that timely payments have been made to that utility for a minimum of 12 consecutive months within the past 24 months. A letter from the utility indicating that the requirements of this exception have been met, or monthly bills from the utility stamped paid (including a current or final bill), constitutes acceptable proof that the requirements of this exception have been met.    (g)   Withdrawal of exemption. If a customer establishes an account without a security deposit, but subsequently loses his satisfactory credit history with the department, a security deposit may be required as a condition for continued service.    (h)   Exceptions to section. This section does not apply to:       (1)   governmental entities;       (2)   wholesale service contracts; or       (3)   applications for permits required under this chapter. (Ord. 19201) SEC. 49-5.   USE OF SECURITY DEPOSITS.    (a)   Accounting requirements. The director shall keep:       (1)   accurate records of all security deposits, including, but not limited to, the depositor’s name, amounts deposited, and deposits refunded; and       (2)   separate accounts of all security deposits.    (b)   Administration of deposits. The director shall administer cash security deposits in accordance with the following rules:       (1)   A deposit will be applied toward payment of the final bill amount due the city when a service account is closed or becomes inactive due to delinquency, transfer of ownership or other reasons. A deposit made to secure service to premises may be transferred or applied toward payment of a final bill due on any other premises within the city where service is provided in the depositor’s name.       (2)   Deposits earn simple interest at an annual percentage rate to be fixed by the director each year, which rate shall approximate the average interest rate earned by the department on its cash deposits for the previous year, less two percent.       (3)   Interest ceases to accrue on a deposit when service is discontinued.       (4)   A deposit and accrued interest, less amounts due for service, will be returned to the customer when service is discontinued unless the deposit is transferred to another address, either at the request of the customer or as provided in Subsection (b)(1).       (5)   Deposits may be invested or used for capital improvements, but sufficient cash shall be accounted for and kept on hand to meet the normally anticipated level of refunds. (Ord. 19201) SEC. 49-6.   SECURITY DEPOSIT REFUNDS.    (a)   Refund requirements. The director may refund a security deposit to the customer when the customer meets the requirements of Section 49-4(f) or meets all of the following conditions:       (1)   The customer has been receiving service for 12 continuous months.       (2)   The customer has acquired a satisfactory credit history with the department.       (3)   The customer has not made payment during the past 12 months with a payment device returned due to insufficient funds.       (4)   The customer has no delinquent bills outstanding.    (b)   Refusal to refund. Notwithstanding Subsection (a), the director may refuse to refund a security deposit where the director determines from the circumstances of a customer’s account that there is a substantial risk of financial loss to the department.    (c)   Review for eligibility. Upon the request of a customer, the director shall review the customer’s credit history to determine eligibility for a refund. The director will make refunds in the following manner:       (1)   A refund will normally be credited to a customer’s bill.       (2)   If a refund is greater than the outstanding bill, the remaining portion of the refund will be applied to subsequent bills.       (3)   If a customer no longer has an account for service or in special circumstances approved by the director, the director may authorize a refund by check payable to the customer. (Ord. Nos. 19201; 26961) SEC. 49-7.   PAYMENTS OF FEES FOR SERVICES; DELINQUENCY OF CHARGES; DISCONTINUANCE OR REFUSAL OF SERVICE; NOTICE OF DISCONTINUANCE.    (a)   When charges are delinquent; bill items. Except where otherwise provided by written contract between the customer and the city, charges for services furnished become delinquent if payment is not received by the department on or before the due date, which is 15 days after bill rendering. After the due date, the customer must pay all charges for service, plus a late payment fee equal to five percent of the outstanding charges for service (unless the late payment fee is prohibited, or otherwise provided for, in another city ordinance or state or federal law). The director shall send the customer a monthly bill indicating:       (1)   the service date and the due date;       (2)   the amount due for services rendered (including all previous delinquent charges, plus interest, if any, still due and owing) if the bill is paid by the due date; and       (3)   the amount due for services rendered (including all previous delinquent charges, plus interest, if any, still due and owing), plus a late payment fee, if the customer fails to pay the bill by the due date.    (b)   Bill not received. Failure to receive a bill from the director does not relieve a customer or other person liable for charges under this chapter from liability for service.    (c)   Authority to discontinue service. The director may refuse application for service, discontinue service, or refuse to restore service to:       (1)   a customer who fails to pay any charges due under this chapter within seven days after the sending of notice of discontinuance;       (2)   a person who violates any provision of:          (A)   Section 49-9;          (B)   Section 49-16;          (C)    Article III or Article IV of this chapter;          (D)    Article V or Article VI of Chapter 32 of this code;          (E)   Chapter 51 or 51A of this code, upon request of the building official; or          (F)   the Dallas Plumbing Code;       (3)   a person making application for service to property at an address, if the person has delinquent charges outstanding at another address; or       (4)   a customer at any premises if the director determines that a substantial waste of water, or a health hazard, is occurring as a result of leaking, damaged, open or disconnected private laterals, pipes, or drains on the premises.    (d)   Cutting and plugging connections. The director’s authority to discontinue service includes the right to cut and plug water or wastewater connections to private property. The costs of cutting and plugging connections will be charged to the customer in addition to the delinquent charges due.    (e)   Restoration of service. Discontinued service will not be restored until the customer or other person who has or accepts legal responsibility for violations committed or charges unpaid either pays all charges due (including the charges to restore connections), makes arrangements for payment satisfactory to the director, or, where applicable, ceases violation of the particular code provision in question. The decision to restore service while delinquent charges or code violations still exist rests solely with the director.    (f)   Notice of discontinuance. The director must notify a customer in the following manner before discontinuing service under Subsection (c):       (1)   The director must send the customer at least seven days advance written notice of pending discontinuance.       (2)   The notice must provide a statement of reasons for cutoff and a statement of delinquent charges due, where applicable. The notice must also provide a time, place and means by which the customer may cure the delinquency or violation, or dispute the validity of the reasons for discontinuance.       (3)   The notice may be served either in person or by mail.       (4)   Additionally, in cases of master-metered apartments or condominiums, the director must cause a notice of pending discontinuance to be posted on the door of each dwelling unit known to be occupied and in a conspicuous place within the property manager’s office or the common areas of the premises.    (g)   Exceptions to notice requirement. Subsection (f) does not apply to discontinuance of service resulting from a violation of this chapter if the director determines that immediate discontinuance is necessary to prevent an imminent threat or occurrence of:       (1)   harm to the health or safety of persons;       (2)   damage to city or private property; or       (3)   contamination of the water system.    (h)   Customer’s request to discontinue. Upon a customer’s written request, the director may discontinue treated or untreated water service to the customer. Upon receipt of the request, the director may remove the water meter and service connections. However, the customer is liable for all charges incurred prior to removal of the meter. Where service is furnished through more than one meter, the customer may request discontinuance of one or more meters and thereafter be billed on the basis of the remaining meter or meters.    (i)   Cumulative remedies. Enforcement of this section does not waive any additional remedies, civil or criminal, available to the city under law. (Ord. Nos. 19201; 20215; 20653; 26961) SEC. 49-8.   NEW APPLICATION FOR PREMISES WITH DELINQUENT CHARGES.    (a)   When new application not accepted. Where service has been discontinued, refused or posted for discontinuance at a premises due to nonpayment of delinquent charges or a violation of this code, a new application will not be accepted from another person to resume service in the same place under another name so long as the previous customer continues to occupy or own the premises as his residence or place of business until:       (1)   all delinquent charges are paid;       (2)   arrangements for payment satisfactory to the director are made; or       (3)   the violation is abated.    (b)   Avoidance. This section also applies to premises where service is furnished to a tenant, and the premises are transferred to a person with notice of discontinuance for the purpose of avoiding payment of charges or avoiding enforcement of this section. (Ord. 19201) SEC. 49-9.   METERS REQUIRED; METERS TO BE READ MONTHLY; ESTIMATED CHARGE; WATER LEAKAGE.    (a)   Meters generally. Unless otherwise provided in this chapter, or by separate written wholesale service contract, a customer shall receive water service only when measured through a meter. The director shall determine the size, type, number, and location of meters and connections to meters to be installed. Each meter shall be read, when possible, once a month and a bill rendered accordingly.    (b)   Estimated bill circumstances. The quantity of water delivered to a premises will be estimated under any of the following circumstances:       (1)   The meter reader is unable to procure a reading of the meter because access to the meter is obstructed or made hazardous by an animal or otherwise.       (2)   The meter does not properly function, or the equipment used to read the meter does not properly function.       (3)   Adverse weather or an act of God prevents the reading of the meter.       (4)   No meter is in place at the premises.       (5)   For some other reason, a meter reading is not available to the billing section of the department at the time of preparing a bill to the customer.    (c)   Basis for estimates. An estimate shall be based on past consumption experience at the premises. If there is no past consumption experience, then an estimate will be based on consumptions of the same class under similar conditions using the best information available. If a customer demonstrates that an estimated bill is excessive, then the department shall render a bill based on a revised estimate or on an actual meter reading where possible.    (d)   Meter reading verification. If the customer contends that a discrepancy appears in a bill or meter reading, the director will inspect the meter and verify the reading. The charge for the inspection is provided in Section 49-18.6(c).    (e)   Water leakage. When a customer experiences a substantial increase in water or wastewater usage from a hidden water leak, the department will adjust the amount and bill the customer in accordance with the rates prescribed in Section 49-18.1(g). The department will adjust a bill only if a customer presents a plumber’s statement, or the customer’s written statement, which indicates the water leak was not reasonably detectable from the surface, the leak has been repaired, and the type of repairs made. The director may request additional information before determining if a water leak was reasonably detectable based upon facts presented to the director. A customer may receive only one adjustment during a 12 month period, unless the director determines that extenuating circumstances justify allowing additional adjustments.    (f)   Return of meters. All water meters furnished to customers are property of the city and will be returned immediately upon request of the director. Failure to return a meter when requested constitutes grounds for discontinuance or refusal of service.    (g)   Maintenance of meters. The department is responsible for maintenance, inspection and repair of all water meters. When any act, neglect or carelessness of the customer or owner of any premises causes damage to a meter requiring adjustment, repair or replacement, the resulting expense will be charged against the customer or owner. (Ord. Nos. 19201; 20737; 21334) SEC. 49-10.   COLLECTION REGULATIONS; PAYMENT SUBSTATION AND PAYMENT SERVICE CONTRACTS.    (a)   Collection regulations. The director is authorized to promulgate regulations and procedures, not in conflict with this code, the city charter, or applicable state or federal laws or regulations, concerning the collection of charges for service and the handling of customer accounts, receipts, and reports.    (b)   Authority for payment substations and payment service companies. The director is authorized to provide substations operated by the department at convenient locations for the general public to pay charges, or the director may negotiate contracts with private persons for the operation of:       (1)   payment substations; or       (2)   payment service companies, including but not limited to, telephone (interactive voice response) payment services, Internet (on-line) payment services, and payment service agents.    (c)   Terms of private contracts. A private substation contract or a payment service contract must be for a fixed term and must contain conditions agreed upon by the parties; except, that each contract must include the collection regulations and procedures promulgated by the director as a part of the conditions. A private substation contract or a payment service contract must be executed by the city manager and approved as to form by the city attorney.    (d)   Contract security. All substation contractors and payment service contractors shall provide a surety or guaranty bond payable to the city in an amount, not less than $1,000, that is satisfactory to the director. The bond must secure against loss or disappearance, for whatever reason, of funds collected by the contractor for payment of charges and must generally secure performance under the contract. In lieu of a bond, the director may accept a cash deposit, or an unconditional letter of credit drawn on a state or federally-chartered lending institution.    (e)   Convenience charge for payment substations. A private payment substation is authorized to collect a convenience charge, not to exceed $1.00, on each bill collected, which charge may be retained by the substation as a cost of service.    (f)   Convenience charge for on-line payment services. The director may collect a convenience charge, not to exceed $1.00, on each bill collected on- line, which charge will be retained by the water utilities department of the city as a cost of service.    (g)   Convenience charge for payment service agents. A payment service agent is authorized to collect a convenience charge, not to exceed $1.00, on each bill collected, which charge may be retained by the payment service agent as a cost of service.    (h)   The collection and payment regulations and procedures provided for in this section apply to:       (1)   charges established under this chapter; and       (2)   charges established under other city ordinances that the director has been authorized to collect by the city manager or the city council. (Ord. Nos. 19201; 25385; 26135) SEC. 49-11.   WAIVER OF SUBSTATION SECURITY REQUIREMENT.    (a)   Conditions. The director may waive the security requirement of Section 49-10(d) upon a finding that the requirement is not necessary to secure performance. In order to so find, the director shall consider:       (1)   any present deposits or security posted by the contractor with the department;       (2)   whether the contractor’s inventory consists of goods or merchandise;       (3)   the number of years the contractor has done business in Dallas County;       (4)   whether the contractor is a subsidiary of an existing authorized substation;       (5)   the contractor’s credit standing; and       (6)   the contractor’s financial condition as shown by certified financial statements or other data supplied by the contractor. (Ord. 19201) SEC. 49-12.   JOINT OWNERS OR USERS; LIABILITY FOR CHARGES; TRANSFER OF ACCOUNTS.    (a)   Charges a lien. When delinquent charges remain unpaid and the procedures of Section 49-13 are followed, those delinquent charges shall constitute a lien against the property served.    (b)   Personal liability. The customer of record has the primary personal liability for service rendered under this chapter. Nevertheless, if service is provided to property owned by a person or entity jointly with the customer of record, or if the customer of record is an agent or property manager for one or more owners of property, the joint owners shall not be treated as new customers, but shall remain jointly and severally liable with the customer of record for unpaid delinquent charges. The director may refuse or discontinue service in the same manner provided for in Section 49-7 until all delinquent charges are paid.    (c)   Liability of spouses. Spouses receiving service to premises they jointly own or occupy are deemed to be joint customers of record, notwithstanding that only one spouse may have signed an application, and shall be jointly and severally liable for unpaid delinquent charges.    (d)   Liability of tenants. Where service is provided to a tenant in a single-family residence, or to more than one residential or commercial tenant through a master meter or single service connection, and the landlord is the customer of record, a tenant or duly organized association of tenants may establish a new service account without being held responsible for any previous unpaid charges owed by the landlord if the appropriate facilities are in place and the tenant or association of tenants otherwise meets the applicable requirements of this chapter; however, the director may refuse service if it appears that application is being made for the purpose of assisting the landlord to avoid payment of delinquent charges or for the purpose of defrauding the city. Nothing in this subsection shall be construed to require the department to apportion charges or to provide individually-metered service at a master-metered premises.    (e)   Transfer of accounts. Where a person liable for delinquent charges at one address is found to have an account in his name at another address, the delinquent amounts due at the previous address may be transferred to the account at the new address, and service discontinued at the new address until the delinquent amounts are paid. (Ord. 19201; 20653) SEC. 49-13.   WATER LIEN PROCEDURE.    (a)   Authority. The city is authorized, in accordance with the provisions of Article 402.0025, Texas Local Government Code, to perfect the lien upon property which occurs as provided in Section 49-12, for the purpose of securing the payment of delinquent charges incurred as a result of service to the property. This section shall not apply to delinquent charges for service where a tenant is the customer of record, if the owner of the property served has sent notice to the director that the property is rental property.    (b)   When lien is perfected. The lien may be perfected only when charges incurred by a customer for service become delinquent and when the director determines that other means for fully collecting the delinquency are inadequate or unavailable.    (c)   Form of the lien. Upon request of the director, the form of the lien must be prepared by the city attorney. The form must contain:       (1)   a statement indicating the purpose of the lien;       (2)   the address of the property which is the subject of the lien, where the address is ascertainable;       (3)   a complete legal description of the property which is the subject of the lien; and       (4)   the amount of delinquent charges, including penalties, interest and collection costs, if any, incurred upon the property as of the date of execution of the lien.    (d)   Execution and recording. The lien must be:       (1)   executed by the city manager and acknowledged by a notary public of the State of Texas;       (2)   approved as to form by the city attorney; and       (3)   filed in the deed or lien records of the county in which the property is located.    (e)   Priority of lien. The lien is superior to all other liens except a bona fide mortgage lien recorded prior to the recording of the city’s lien in the deed or lien records of the county in which the property is located.    (f)   Additional charges; correction lien. Should additional delinquent charges be incurred subsequent to the date of the original lien’s execution, a correction lien may be executed and filed, in the form provided above, fixing the additional delinquent charges. The correction lien, when filed of record, shall relate back to the date of recording of the original lien and shall become a part of the original lien.    (g)   Suit to foreclose. The city attorney, at the request of the director, may file suit to judicially foreclose the lien in a state court of competent jurisdiction. The suit may not be filed earlier than 60 days after the recording date of the lien.    (h)   Release of lien. Upon certification by the director that all delinquent charges which existed against the property have been fully paid, the city manager is authorized to execute a release of the lien. The release shall be prepared and approved as to form by the city attorney and shall be duly acknowledged. After execution, the director must immediately file the release in the deed or lien records of the county in which the property is located.    (i)   Cumulative remedies. This section is cumulative of any other remedies, methods of collection or security available to the director or the city under the charter and ordinances of the city or under state law. This section does not affect the director’s authority to refuse or to furnish service when delinquent charges exist. (Ord. Nos. 19201; 20215; 20653) SEC. 49-14.   NOTICE OF WATER LIEN.    (a)   Form of notice. Prior to recording of the water lien, the director shall send notice, by certified mail, return receipt requested, that a lien will be fixed on the property in accordance with law. The notice must provide a time, place and means by which the charges causing the lien may be paid or disputed. The notice must be sent to:       (1)   the customer in whose name the account for service to the property exists; and       (2)   the last known record owner of the property according to the tax rolls of the city, if the customer is not the owner.    (b)   Absence of notice. Absence of receipt of notice does not affect the enforceability of a lien perfected under Section 49-13. (Ord. Nos. 19201; 19622) SEC. 49-15.   NOTICE OF VACANCY OR TRANSFER OF PROPERTY.    (a)   When notice given. The customer, or the owner of property served, must notify the director within three days after the occurrence of:       (1)   any total vacancy in the property served;       (2)   any change in ownership, whether by sale, foreclosure, business reorganization or otherwise; or       (3)   any occupancy of previously vacant property.    (b)   Failure to notify. Failure to give notice in accordance with Subsection (a) shall render the owner and the customer, if he is not the owner, jointly and severally liable for all charges due against the property. Upon receipt of notice under Subsection (a)(1) or (a)(2), the director shall prepare a final bill for the account. (Ord. 19201) SEC. 49-16.   PERMISSION OF OWNER OR CUSTOMER TO BE SECURED BEFORE USING WATER; USE BEFORE FILING APPLICATION FOR SERVICE.    (a)   Use without consent. A person commits an offense if, where water is furnished to any premises, the person knowingly takes water from any faucet or water connection on the premises without first securing the consent of, and making arrangements with, the owner of the premises or the customer in whose name the account exists. This section does not apply to a person employed by the city who is engaged in work of an emergency nature in his official capacity as a city employee.    (b)   Use without application. A person commits an offense if he knowingly diverts or uses water from any part of the water system without making application and without receiving the director’s consent to use a service. Absence of an account for service on file with the department constitutes prima facie proof of the lack of the director’s consent to use a service.    (c)   Defense. It is a defense to prosecution under Subsection (b) of this section if the person uses service pursuant to an approved application request by telephone under Section 49-3. (Ord. Nos. 19201; 20215) SEC. 49-17.   DIRECTOR’S AUTHORITY TO CONTRACT; RATES AS CONSIDERATION.    (a)   General contract authority. The director is authorized to provide service without the necessity of city council approval except for:       (1)   a contract for noninterruptible untreated or treated water service which is for a fixed term of longer than three years;       (2)   a wholesale service contract involving a governmental entity;       (3)   a contract by which the city receives water or wastewater service; and       (4)   any service contract otherwise required by state law, city charter, or other provisions of this chapter, to be approved by city council.    (b)   Consideration. The consideration received by the city for a service contract must be based on the rates prescribed in this chapter. However, the city council may approve a special-rate contract for wholesale water or wastewater service where it determines rates in this chapter to be discriminatory or unreasonable under the circumstances. (Ord. 19201) SEC. 49-18.1.   RATES FOR TREATED WATER SERVICE.    (a)   Form of rate. The monthly rate for treated water service to a customer consists of:       (1)   a customer charge; and       (2)   a usage charge.    (b)   Billing cycle. In this section, water used per month is based upon the billing cycle of the department.    (c)   Rate tables. The director shall charge customers for treated water service in accordance with the following tables:       (1)   Water Service Customer Charges. METER SIZE RATE PER METER METER SIZE RATE PER METER 5/8-inch meter $5.79 3/4-inch meter $8.16 1-inch meter $11.89 1-1/2-inch meter $22.07 2-inch meter $35.91 3-inch meter $84.98 4-inch meter $139.70 6-inch meter $277.42 8-inch meter $462.20 10-inch meter or larger $709.10         (2)   Usage Charge—Rate Per 1,000 Gallons.   TYPE OF USAGE (A) Residential:     (i) Up to 4,000 gallons $2.03   (ii) 4,001 to 10,000 gallons $4.44   (iii) 10,001 to 20,000 gallons $7.26   (iv) 20,001 to 30,000 gallons $10.34   (v) Above 30,000 gallons $12.03 (B) General service:     (i) Up to 10,000 gallons $4.83   (ii) Above 10,000 gallons $5.31   (iii) Above 10,000 gallons and 1.4 times annual average monthly $8.05 usage      (d)   Applicability of rates to meters. The charges for water service in Subsection (c) of this section apply to each meter that exists at a customer’s premises. A customer may request removal of inactive meters to combine services through a single meter. If, within one year, a customer requests removal and restoration of a meter that is used for lawn sprinkling, air conditioning, or other seasonal purposes, the customer shall pay a reconnection charge that is equal to the monthly customer charge in Subsection (c) of this section multiplied by the number of months the service was discontinued.    (e)   Rates where no meter exists. If a customer is without a meter, the minimum usage charge per month is based upon the average monthly usage for a customer in the same service class at the rate specified in Subsection (c) of this section. The customer charge is based upon the size of the service line at the property.    (f)   Election for certain general water service customers. A general water service customer inside the city who uses at least 1,000,000 gallons of water per month may elect, in writing, to be assessed the special charges under this subsection instead of the regular general service rate, according to the following conditions:       (1)   The customer must agree to pay each year:          (A)   the monthly customer charge as provided in Subsection (c);          (B)   $2,953.56 per month as a usage charge on the first 1,000,000 gallons used in a billing period; and          (C)   $4.65 per 1,000 gallons used in excess of 1,000,000 gallons per month.       (2)   The customer must agree that consumption billed during any billing period ending in May, June, July, August, September, and October will not exceed 1.5 times the average monthly consumption billed in the previous winter months of December through March.       (3)   To be eligible for the special rate, a customer’s maximum hourly water usage during a seven-day period must not be greater than seven times the average hourly usage rate for the same seven-day period.       (4)   If a customer’s usage of water exceeds the amounts allowed under Subsection (f)(2) or (f)(3), the customer will be notified that the customer will be billed at the regular usage charge stated in Subsection (c) for a minimum of 12 months, and such additional time until the customer can demonstrate to the satisfaction of the director that the requirements of Subsection (f)(2) and (f)(3) can be maintained.       (5)   The director may grant a variance to Subsection (f)(4) where special circumstances warrant.    (g)   Adjusted rates for hidden water leaks. When a customer experiences a substantial increase in water or wastewater usage from a hidden water leak and the customer meets the requirements of Section 49-9(e), the director will adjust the account and bill the customer.       (1)   an estimated amount of normal water usage for the period at the regular rate;       (2)   the excess water usage caused by the hidden leak at the following applicable rate:   TYPE OF USAGE RATE PER 1,000 GALLONS (A) Residential $2.03 (B) General service $4.83 (C) Optional general service $4.65 (D) Municipal service $3.19   and       (3)   the applicable wastewater rate prescribed in Section 49-18.2(c), based on an adjustment of wastewater volume to estimated normal volume, where adjustment is appropriate.    (h)   Billing based on full month. If a customer requests discontinuance of service at an address where uninterrupted service was provided for a period of time so short that the only bill for services rendered would be the final bill, such billing will be computed as though service had been furnished for a full billing month.    (i)   Rates for municipal purpose water service. Water service to property owned by the city of Dallas that is used solely for municipal purposes may be charged $3.19 per 1,000 gallons of water used. (Ord. Nos. 19201; 19300; 19682; 20077; 20449; 20737; 21061; 21430; 21824; 22208; 22564; 23289; 23670; 24050; 24744; 25385; 25755; 26135; 26479; 26961; 27355; 27698; 28025; 28426; 28795; 29150; 29479; 29879; 30215; 30653; 30993; 31332; 31657; 32003; 32310; 32556) SEC. 49-18.2.   RATES FOR WASTEWATER SERVICE.    (a)   Form of rate. The monthly rate for wastewater service to a customer consists of:       (1)   a customer charge;       (2)   a usage charge; and       (3)   a surcharge for excessive concentration of wastes, if applicable.    (b)   Billing cycle. In this section, water used per month is based upon the billing cycle of the department.    (c)   Rate tables. The director shall charge a customer for wastewater service in accordance with the following tables: Wastewater Service Charges.       (1)   Monthly customer charges. METER SIZE RATE PER METER METER SIZE RATE PER METER 5/8-inch meter $5.21 3/4-inch meter $6.91 1-inch meter $10.26 1-1/2-inch meter $19.73 2-inch meter $32.54 3-inch meter $75.85 4-inch meter $119.90 6-inch meter $238.20 8-inch meter $396.77 10-inch meter or larger $623.90         (2)   Monthly residential use charge: $5.87 per 1,000 gallons of the average water consumption billed in the months of December, January, February, and March or the actual month's water consumption, whichever is less, up to a maximum charge of 40,000 gallons per month.       (3)   Monthly general service usage charge: $4.96 per 1,000 gallons of water used.       (4)   Monthly usage charge for Section 49-18.1(f) customer: $4.56 per 1,000 gallons of water used.       (5)   Monthly general service usage charge for wastewater separately metered: $4.61 per 1,000 gallons of wastewater discharged.       (6)   Monthly surcharge for excessive concentrations of waste: an amount calculated in accordance with Sections 49-18.12, 49-48, and 49-49 of this chapter.       (7)   Monthly surcharges for excessive concentrations of waste for wastewater separately metered: An amount calculated in accordance with Sections 49-18.12, 49-48, and 49-49 of this chapter.    (d)   Where residential water service is not used. If a residential customer does not receive water service solely from the city, the director shall estimate water used per month to determine the usage charge in Subsection (c).    (e)   Where general water service is not used. If a general service customer does not receive water service solely from the city, the customer must install and maintain, at the customer's expense, adequate meters that measure total water usage from other sources and that meet American Water Works Association standards. The customer must pay an additional customer charge of $10.00 per month for each meter, regardless of size, installed under this subsection. When a meter is inaccurate, the director may estimate water usage.    (f)   Rates for municipal purpose wastewater service. Wastewater service to property owned by the city of Dallas that is used solely for municipal purposes may be charged $3.22 per 1,000 gallons of water used. (Ord. Nos.19201; 19300; 19682; 20077; 20737; 21061; 21430; 21824; 22208; 22564; 23289; 23670; 24050; 25385; 25755; 26135; 26479; 26961; 27355; 27698; 28025; 28426; 28795; 29150; 29479; 29879; 30215; 30653; 30993; 31332; 31657; 32003; 32310; 32556) SEC. 49-18.3.   GENERAL SERVICE: SEPARATE BILLING.    (a)   Conditions of separate billing. A general service customer inside the city may receive separate bills for water service and wastewater service if he installs and maintains, at his expense, meters or other liquid measuring devices that are accurate and approved by the director to measure:       (1)   total wastewater discharged directly into the wastewater system from the premises; or       (2)   water losses from activities involving evaporation, irrigation or water consumed in products, as illustrated by, but not limited to, cooling towers, boilers, lawn watering systems, or food products.    (b)   Customer charge. A customer who chooses to be billed under this section must pay an additional customer charge of $60.00 per month for each meter installed pursuant to this section, regardless of the size of the meter.    (c)   Where meter is inaccurate. When a meter installed pursuant to this subsection is inaccurate, the director may estimate usage or discharge. If a customer fails to repair or replace an inaccurate meter, the director shall bill the customer for the usage charge in Section 49-18.2(c)(3) or (4), whichever is applicable. (Ord. Nos. 19201; 21430; 25385; 26961; 28795; 32003) SEC. 49-18.4.   RATES FOR WHOLESALE WATER AND WASTEWATER SERVICE TO GOVERNMENTAL ENTITIES.    (a)   Form of rate. The director may provide wholesale water service to governmental entities. The service will be furnished in accordance with a written contract at the rates prescribed in this section and under such other terms and conditions as the city council deems reasonable. The rate for wholesale water service to a governmental entity will consist of:       (1)   a volume charge and a demand charge; or       (2)   a flat rate charge.    (b)   Rate table. The director shall charge a governmental entity for wholesale water service in accordance with the following:       (1)   The volume charge for treated water is $0.5150 per 1,000 gallons of water used, and the annual water year demand charge is $328,362 per each mgd, as established by the highest rate of flow controller setting.       (2)   If a flat rate charge for treated water is provided by contract, or in the absence of a rate flow controller, the charge is $2.8349 per 1,000 gallons of treated water used.       (3)   A monthly readiness-to-serve charge will be assessed for any standby service point. The monthly fee, based on size of connection, is as follows:   Size of Connection Monthly Standby Fee 3-inch $84.98 4-inch $139.70 6-inch $277.42 8-inch $462.20 10-inch or larger $709.10         (4)   The rate for regular untreated water service to a governmental entity is $1.1409 per 1,000 gallons of untreated water used. The rate for interruptible untreated water service to a governmental entity is $0.4322 per 1,000 gallons of untreated water used.    (c)   Revisions. Unless otherwise provided in this chapter, if the written contract for wholesale service between the city and a governmental entity provides for revision of rates, the charges under the written contract must comply with the charges provided in this section.    (d)   Emergency exchanges. The director may, in the interest of the city and its customers, make connection agreements with other governmental entities for emergency exchange of water.    (e)   Wholesale wastewater rates. The director may provide wholesale wastewater service to other governmental entities by contract, in accordance with the following rules:       (1)   The monthly rate for wholesale wastewater service is $3.1003 per 1,000 gallons of wastewater discharged. The director is authorized to compensate those governmental entities located within the boundaries of the city for the city's use of integrated facilities owned by those governmental entities.       (2)   An infiltration and inflow adjustment factor of 12.0 percent will be added to the average water consumption for the months of December, January, February, and March to determine billable volume for a governmental entity with unmetered wholesale wastewater service.       (3)   If the BOD or suspended solids concentration of waste discharged exceeds 250 mg/L, the governmental entity must pay a surcharge calculated in accordance with Section 49-18.12(1)(A) or (B), whichever applies.    (f)   Treatment of water owned by another governmental entity. The director may provide treatment services at the Elm Fork water treatment plant to water owned by another governmental entity in accordance with a written contract. The volume charge for treating water owned by another governmental entity is $0.4243 per 1,000 gallons of water treated, and the annual water year demand charge is $49,747.09 per each mgd, as established by the maximum demand capacity set forth in the contract. (Ord. Nos. 19201; 19300; 19682; 20077; 20449; 20636; 20737; 21061; 21430; 21824; 22208; 22564; 22907; 23289; 23670; 24050; 24414; 24744; 25049; 25385; 25755; 26135; 26479; 26961; 27355; 27698; 28025; 28426; 28795; 29150; 29479; 29879; 30215; 30653; 30993; 31332; 31657; 32003; 32310; 32556) SEC. 49-18.5.   RATE FOR UNTREATED WATER.    (a)   Regular rate. The charge for untreated water is $1.1409 per 1,000 gallons of water used.    (b)   Interruptible rate. The charge for interruptible service is $0.4322 per 1,000 gallons of water used.    (c)   Reservoir supply permits. The director may issue permits, without the necessity of council approval, to owners of property abutting water supply lakes or streams for the domestic use of untreated water. A charge for water used will be made as provided in Subsection (a) or (b). The term of such permits may not exceed three years, but the permits are renewable at the option of the city. An application for a permit or permit renewable under this subsection must be accompanied by a non-refundable processing fee of $210.    (d)   Commercial contracts for untreated water.       (1)   Short-term contracts. The director may authorize short-term contracts, without the necessity of council approval, with owners of property abutting water supply lakes or streams for the commercial use of untreated water. A charge for water used will be made as provided in Subsection (a) or (b). The term of such contracts may not exceed three years, but the contracts are renewable at the option of the city. An application for a short-term contract or contract renewable must be accompanied by a nonrefundable processing fee of $225.       (2)   Long-term contracts. The director may authorize long-term contracts, with council approval, with owners of property abutting water supply lakes or streams for the commercial use of untreated water. A charge for water used will be made as provided in Subsection (a) or (b). The term of such contracts may exceed three years, and are renewable at the option of the city. An application for a long-term contract or contract renewal must be accompanied by a nonrefundable processing fee of $385.    (e)   Treatment plant effluent. Wastewater treatment plant effluent may be purchased for one-half of the regular rate for untreated water. No distribution facilities will be provided by the city. (Ord. Nos. 19201; 19682; 20077; 20449; 20737; 21061; 21430; 21824; 22208; 22564; 22907; 23289; 23670; 24050; 24414; 24744; 25049; 25385; 25755; 26135; 26479; 26961; 27355; 27698; 28025; 28426; 28795; 29150; 29479; 29879; 30215; 30653; 30993; 30994; 31332; 31657; 32003; 32310; 32556) SEC. 49-18.6.   FEES FOR INSPECTION AND TESTING OF METERS AND BACKFLOW PREVENTION DEVICES.    (a)   Meter inspection fees. No charge will be made for the first meter change or meter test requested by a customer at a single service connection within any 12- month period. For each additional meter change or meter test requested by a customer within a 12 month period that does not result in a finding that the meter over-registered in excess of 1-1/2 percent, the director shall charge the customer a fee according to the following schedule:   Meter-Size Fee 5/8 to 1-inch $50.00 1-1/2 to 2-inch $35.00 Larger than 2-inch Actual cost of change and test      (b)   Meter replacement fees. A customer with an existing one-inch service and a 5/8-inch or 3/4-inch meter, who requests that the meter be increased to one inch, shall pay a fee of $185. Any other customer requesting an increase in meter size up to but not greater than the size of the existing service shall pay a connection charge for the requested size meter in accordance with Section 49-18.7(a) and (b).    (c)   Inspection fee for meter verification. An inspection under Section 49-9(d) is free if the director verifies a gross discrepancy or a customer requests not more than one inspection during any six-month period, otherwise the charge is $15 for an inspection.    (d)   Backflow prevention device inspection fees. The owner or person in control of premises on which a backflow prevention device is located must pay a fee to the city for the periodic inspection and testing as follows:   (1) For any backflow prevention device $50.00 each (2) For each additional backflow prevention device inspected at the $45.00 each same site, same time      (e)   Exception. This section does not apply to a governmental entity that receives wholesale water or wastewater service. (Ord. Nos. 19201; 19300; 23289; 25049; 25385; 26135; 26479; 27355) SEC. 49-18.7.   SERVICE CONNECTION CHARGES.    (a)   Water service installation and connection charge. The director shall charge for the installation of all water service connection at the following rates:       (1)   Water Service Installation Charges.   Connection Size Fee 3/4-inch $6,190.00 1-inch $6,360.00 1 1/2-inch $7,590.00 2-inch $8,380.00         (2)   Connecting Existing Water Service.   Connection Size Fee 3/4-inch $1,200.00 1-inch $1,380.00 1 1/2-inch $2,860.00 2-inch $3,870.00 Up to 2-inch bullhead $3,400.00      (b)   Wastewater service installation and connection fees. Except as provided in Subsection (d), the city shall charge the following rates for the installation or connection of residential wastewater service lines:   (1) First wastewater service line installation and connection charge $6,890. 00 (2) For connecting existing wastewater service lines constructed by $475.00 other persons      (c)   Installation of large or commercial connections. In cases where the service connection involved is a water service connection larger than two inches or a wastewater service connection to a commercial, industrial or other non-residential service establishment, the following rules apply:       (1)   If the director does not require the applicant to construct and install the service connection pursuant to Section 49-24(c)(4), the applicant shall pay the city an amount equal to the department’s cost of constructing and installing the service connection. This amount is due prior to commencement of construction by the city.       (2)   If the director requires the applicant to construct and install the service connection pursuant to Section 49-24(c)(4), the applicant shall pay a connection inspection fee of $275 and shall bear all costs of construction and installation and the cost of any materials or appurtenances supplied by the department for construction or installation purposes. The connection inspection fee and amounts payable to the city for the cost of materials and appurtenances must be paid at the time of permit issuance.       (3)   Unpaid charges due and owed to the city and other unpaid costs of construction incurred by the applicant under this subsection must be paid before the department will activate water or wastewater service to the property connected.    (d)   Special residential wastewater connections. The connection charge procedures described in Subsections (e) and (f) of this section will apply to a residential wastewater service application when:       (1)   wastewater service to the premises requires a deep cut connection;       (2)   the service will be connected to a wastewater main located in a specific purpose easement obtained by the city; or       (3)   a customer requests an additional wastewater service line or relocation of an existing wastewater service line.    (e)   Fees for special residential wastewater connections. The director will furnish an estimate of cost to an applicant for a special residential wastewater service connection as described in Subsection (d) of this section. The applicant must deposit the estimated amount before the director will issue a permit for the connection. The final cost will be adjusted upon completion of the work, but in no event will the final cost be less than the flat charge stated in Subsection (b). Should the final cost of the work exceed the amount deposited, the director will furnish the party or parties making the deposit a statement showing the amount of the excess. The statement will constitute notice that the excess amount is due. The director may refuse or discontinue service to the property until full payment has been made for the work performed. Upon completion of the work, if final cost is less than the amount of estimate or deposit, a refund of the amount of overpayment will be immediately made to the party or parties from whom the deposit was received.    (f)   Alternatives to Subsection (e). As an alternative to the procedure of Subsection (e), an applicant for a special residential wastewater service connection may request, and the director may furnish, a price at which the city will install a connection at the premises where service is desired, without regard to the actual cost of the installation. The price will never be less than the flat charge stated in Subsection (b). If the applicant agrees to pay this price, then he shall make full payment of this price to the director before work is begun on the installation and no further adjustments will be made.    (g)   What constitutes cost in Subsections (e) and (f). The flat rate charge and the estimate of cost of any special residential wastewater service connection shall include all costs incidental to making the installation of the service connection required, including the necessary repairs to pavement of any kind or character involved in making the service connection. The department shall make the necessary pavement repairs.    (h)   Standard affordable housing refund. Whenever affordable housing units are provided as a part of a project in accordance with Division 51A-4.900 of the Dallas Development Code, as amended, the director shall authorize a refund of a percentage of the total service connection fees paid by the permittee for the project equal to the percentage of standard affordable housing units provided in the project. (Ord. Nos. 19201; 19300; 20215; 21663; 23289; 25049; 25385; 25755; 26479; 27698; 28795; 29150; 29879; 30215; 30993; 31657; 32003; 32556) SEC. 49-18.8.   SECURITY DEPOSIT AMOUNTS.    The amount of a security deposit is governed by the following:       (1)   Standard deposit for residential service accounts.   5/8-inch and 3/4-inch meter $ 80.00 1-inch meter $100.00 1 1/2-inch meter $120.00 2-inch meter and larger $160.00         (2)   Standard deposit for other than residential service accounts. An amount is required sufficient to cover two times the average bill in the past 12 months for the location served. In the case of a new account, the deposit is two times the average estimated bill.       (3)   A residential service customer who has service discontinued twice within a 12-month period for nonpayment of charges shall make an additional deposit equal to one-sixth of his total standard bill for the prior 12 months or $80, whichever is greater. This increase in deposit is in addition to other charges required for reinstatement of service. If information to determine the total standard bill for the prior 12 months is unavailable or inapplicable, the director may determine the amount of the required deposit based on bills to similar property for those months for which the information is unavailable or inapplicable.       (4)   The director may require a higher security deposit, not to exceed three times the average bill at the location served or to be served, for any class of service, when the director determines that there is a substantial risk of financial loss to the department. (Ord. Nos. 19201; 25385) SEC. 49-18.9.   CHARGES FOR USE OF FIRE HYDRANTS.    A person requesting the use of water from a fire hydrant pursuant to Section 49-27 shall pay the following application charges:       (1)   a deposit of $2,150 to be refunded when the service is discontinued and the meter is returned to the city by the person or the person's authorized representative, less any unpaid fees for services and any costs to repair damage in excess of normal wear;       (2)   a monthly fire hydrant service charge of $84.98; and       (3)   a usage charge for water that will be billed at the general service rate prescribed in Section 49-18.1(c)(2)(B). (Ord. Nos. 19201; 19300; 21430; 25385; 26135; 26961; 27698; 28025; 28426; 28795; 29150; 29479; 29879; 30215; 30653; 31657; 32003; 32310; 32556) SEC. 49-18.10.   SPECIAL ASSESSMENT RATES; LOT AND ACREAGE FEES.    (a)   Special assessment rate. When a person owning benefited property is charged in accordance with Section 49-56(b), the following front foot rates will be applied:       (1)   $6.00 per front foot of the lot or tract of land to which water service connections are made available, where the lot or tract benefits by the enhanced value due to an extension; and       (2)   $6.00 per front foot of the lot or tract of land to which wastewater service connections are made available, where the lot or tract benefits by the enhanced value due to an extension.    (b)   Adjustment. The city council may adjust the rates established in Subsection (a) as prescribed in Section 49-56(d).    (c)   Lot or acreage fee for individual owners. Individual owners required to pay a lot or acreage fee pursuant to Section 49-56(h) will be charged as follows:       (1)   $0.018 per square foot of lot that is part of a subdivided tract utilizing an existing water main;       (2)   $785.00 per acre of any unsubdivided tract utilizing an existing water main;       (3)   $0.018 per square foot of lot that is part of a subdivided tract utilizing an existing wastewater main;       (4)   $785.00 per acre of any unsubdivided tract utilizing an existing wastewater main.    (d)   Acreage fee for developers. Developers required to pay an acreage fee in accordance with Section 49-62 will be charged as follows:       (1)   $785.00 per acre of land for an existing water main; and       (2)   $785.00 per acre of land for an existing wastewater main. (Ord. Nos. 19201; 19300; 20653; 22564) SEC. 49-18.11.   EVALUATED COST TABLES FOR OVERSIZE, SIDE, OR OFF-SITE FACILITIES.    The director will use the following evaluated cost tables to calculate city payments and to calculate fees due under Section 49-62. City payments will be calculated by the director by using either the unit prices in the construction contract submitted by the developer, or the unit prices in the evaluated cost tables, whichever is less. WATER MAINS AND APPURTENANCES ITEM UNITS WATER MAINS AND APPURTENANCES ITEM UNITS 4-inch pipe linear foot $55.00 6-inch pipe linear foot 60.00 8-inch pipe linear foot 65.00 12-inch pipe linear foot 75.00 16-inch pipe linear foot 120.00 20-inch pipe linear foot 130.00 24-inch pipe linear foot 140.00 30-inch pipe linear foot 150.00 36-inch pipe linear foot 165.00 39-inch pipe linear foot 170.00 42-inch pipe linear foot 175.00 45-inch pipe linear foot 190.00 48-inch pipe linear foot 200.00 4-inch valve each 700.00 6-inch valve each 900.00 8-inch valve each 1,200.00 12-inch valve each 2,200.00 16-inch valve each 4,100.00 20-inch valve each 7,350.00 24-inch valve each 9,700.00 30-inch valve each 16,000.00 36-inch valve each 21,000.00 42-inch valve each 43,000.00 48-inch valve each 64,000.00 Fire hydrant each 3,000.00 3/4-inch copper deadhead each 820.00 1-inch copper deadhead each 910.00 1 1/2-inch copper deadhead each 1,830.00 2-inch copper deadhead each 1,830.00 3/4-inch water service, meter box and transfer for others each 1,110.00 1-inch water service, meter box and transfer for others each 1,170.00 1 1/2-inch water service, meter box and transfer for each 1,560.00 others 2-inch water service, meter box and transfer for others each 2,130.00 Cut and plug water main for others each 735.00 Remove fire hydrant for others each 540.00 Reconnect existing service for others each 700.00 Disposal of heavily chlorinated water contract 1,500.00 3/4-inch air relief each 1,485.00 1-inch air relief each 3,450.00 2-inch air relief each 4,350.00 Bore for 6-inch water linear foot 145.00 Bore for 8-inch water linear foot 165.00 Bore for 12-inch water linear foot 180.00 Bore for 16-inch water linear foot 195.00 Bore for 20-inch water linear foot 230.00 Bore for 24-inch water linear foot 245.00 Bore for 36-inch water linear foot 265.00 Bore for 39-inch water linear foot 270.00 Bore for 42-inch water linear foot 275.00 Bore for 45-inch water linear foot 280.00 Bore for 48-inch water linear foot 285.00   SANITARY SEWER MAINS AND APPURTENANCES ITEM UNITS SANITARY SEWER MAINS AND APPURTENANCES ITEM UNITS 6-inch pipe linear foot $55.00 8-inch pipe linear foot 65.00 10-inch pipe linear foot 70.00 12-inch pipe linear foot 75.00 15-inch pipe linear foot 85.00 18-inch pipe linear foot 100.00 21-inch pipe linear foot 110.00 24-inch pipe linear foot 120.00 27-inch pipe linear foot 130.00 30-inch pipe linear foot 140.00 33-inch pipe linear foot 160.00 36-inch pipe linear foot 190.00 39-inch pipe linear foot 200.00 42-inch pipe linear foot 210.00 48-inch pipe linear foot 230.00 Lateral each 900.00 Lateral for others each 1,200.00 Reconnect existing lateral for others each 700.00 Cleanout each 460.00 Wastewater access device each 2,200.00 4-foot diameter manhole each 5,800.00 5-foot diameter manhole each 6,000.00 6-foot diameter manhole each 6,400.00 Type “S” manhole each 7,000.00 Bore for 6-inch sewer linear foot 135.00 Bore for 8-inch sewer linear foot 160.00 Bore for 10-inch sewer linear foot 220.00 Bore for 12-inch sewer linear foot 240.00 Bore for 15-inch sewer linear foot 260.00 Bore for 18-inch sewer linear foot 270.00 Bore for 21-inch sewer linear foot 275.00 Bore for 24-inch sewer linear foot 290.00 Bore for 27-inch sewer linear foot 295.00 Bore for 30-inch sewer linear foot 300.00 Bore for 33-inch sewer linear foot 305.00 Bore for 36-inch sewer linear foot 310.00 Bore for 39-inch sewer linear foot 315.00 Bore for 42-inch sewer linear foot 320.00 Bore for 48-inch sewer linear foot 325.00 Abandon existing manhole for others each 700.00   MISCELLANEOUS ITEMS ITEM UNITS MISCELLANEOUS ITEMS ITEM UNITS Crushed rock for paving repairs cubic yard $40.00 Asphalt paving square yard 150.00 Concrete paving cubic yard 375.00 Driveway cubic yard 215.00 Sidewalk square yard 50.00 Curb and gutter linear foot 40.00 Stabilized backfill cubic yard 90.00 Concrete backfill cubic yard 170.00 Rip rap square yard 40.00 Rock foundation cubic yard 60.00 Excavation: in excess of 10 feet in depth below approved street grade:    in dirt cubic yard 15.00    in rock cubic yard 30.00   NOTE: A payment for an extra depth manhole shall be calculated by adding 10 percent of the manhole unit price for each foot in excess of 10 feet below approved street grade to the unit price. (Ord. Nos. 19201; 19526; 20077; 20449; 20737; 21430; 21824; 22208; 24414; 27355; 31332; 31657; 32003) SEC. 49-18.12.   INDUSTRIAL SURCHARGE RATE FORMULA FOR EXCESSIVE CONCENTRATIONS.    Surcharge rate formula. The person responsible for industrial waste discharge in excessive concentrations of BOD and suspended solids shall pay an industrial surcharge in addition to regular water and wastewater rates, either under Section 49-49 or in accordance with the following cost factors and formula:       (1)   The user's cost factors for excessive industrial waste are based on the capital and operating cost of wastewater facilities to provide treatment for the reduction of BOD and suspended solids. The formula is:          (A)   Surcharge for excessive concentrations:       Payment rate per 1,000 gallons: [https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ IMAGES/0-0-0-9895.png]          (B)   Surcharge for excessive concentrations for wastewater metered separately:       Payment rate per 1,000 gallons: [https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ IMAGES/0-0-0-9893.png]       BOD =   Average concentrations of BOD in mg/l, determined from sampling the waste as described in Section 49-52       SS =      Average concentrations of suspended solids in mg/l, as determined from sampling the waste as described in Section 49-52       (2)   The rate for each user may be calculated once every 12 months. (Ord. Nos. 19201; 19300; 19682; 21061; 21430; 22564; 25755; 26135; 26479; 26961; 27355; 27698; 28795; 29150; 29479; 32003) SEC. 49-18.13.   CHARGES FOR TRANSPORTERS OF SEPTIC TANK WASTE.    Transporter rates and requirements. A person who transports or disposes of septic tank or portable sanitation waste at the city’s wastewater treatment facility must:       (1)   obtain and maintain a liquid waste transport permit from the city for each vehicle in accordance with Chapter 19, Article X of this code;       (2)   deposit $500 with the director for each vehicle, the deposit to be refunded when the vehicle is no longer used to dispose of waste at the city’s wastewater treatment facility and all fees have been paid;       (3)   pay a disposal fee of $0.045 per gallon for each load of septic tank waste, with the fee calculated as if the permitted vehicle carrying the load was at full capacity; and       (4)   dispose of waste at the wastewater treatment facility specified by the director. (Ord. Nos. 19201; 19300; 22026; 22927; 26925; 27698) SEC. 49-18.14.   RATES FOR DEVELOPMENT REVIEW ACTIVITIES.    Design review fees. The rates for reviewing engineering plans for the construction of water and wastewater facilities for the purpose of development or redevelopment are as follows:       (1)   $1,050 for design review of engineering plans requiring more than 100 feet of construction of water and wastewater mains, excluding the footage of building service connections.       (2)   $300 for design review of engineering plans requiring 100 feet or less of construction of water and wastewater mains, excluding the footage of building service connections.       (3)   $300 for each additional design review of engineering plans for:          (A)   every design review submission in excess of three engineering design reviews, which submission was not required as a result of a review error by the city; and          (B)   each design revision submitted after construction has commenced, which submission was not required as a result of a review error by the city. (Ord. Nos. 19201; 20215; 22208; 23289; 27355) SEC. 49-18.15.   PAYMENT TABLE.    (a)   Off-site rates. The developer will be paid not more than the total evaluated cost of off-site mains which he constructs or for which he advances money under Section 49-62(c), in accordance with the following tables:       (1)   Programmed off-site extensions.          By private development contract:             $240.00   /   new residential connection             $112.50   /   new apartment connection             $ 7.50   /   each new fixture unit installed for commercial uses, with the reimbursement rate per connection not to be less than $240.00       (2)   Nonprogrammed off-site extensions.          By private development contract:             $160.00   /   new residential connection             $ 75.00   /   new apartment connection             $ 5.00   /   each new fixture unit installed for commercial uses, with the reimbursement rate per connection not to be less than $160.00    (b)   Additional rules. For purposes of this section, a fixture unit is defined in Section 107(d) and Chapter 10 of the Dallas Plumbing Code. A payment under Subsection (a) of this section will be made strictly in accordance with the rules of Section 49-62. (Ord. Nos. 19201; 19526; 20653) SEC. 49-18.16.   MISCELLANEOUS CHARGES AND PROVISIONS; RATES WHERE NO CHARGE SPECIFIED.    (a)   Service application fees. Upon application for service under Section 49-3, a fee of $15 will be assessed to establish or transfer a residential or general service account, except that a fee of $30 will be assessed to establish or transfer an account for a general service customer described in Section 49-18.1(f) of this chapter.    (b)   Discontinuance and restoration charges. For any discontinuance of service under this chapter, except for a discontinuance under Section 49-22 or Subsection (d) of this section, a charge of $25 will be assessed for each service call. An additional $35 charge will be assessed if the customer pays delinquent charges and requests same day restoration of service. If a meter has to be unpadlocked, set, or unplugged to restore discontinued service, a charge of $25 will be assessed in addition to all other charges.    (c)   Returned payment device charge. A charge in an amount allowable under Section 3.506 of the Texas Business and Commerce Code, as amended, will be assessed when a customer pays a service bill with a payment device, and the payment device is dishonored and returned to the city.    (d)   Temporary discontinuance charge. The service charge for discontinuing service temporarily at the request of the customer or an agent of the customer is $25, except that the director may waive this charge where the necessity for turning water off is created by an emergency.    (e)   Multiple tenant notification for possible service discontinuance. When it is necessary to notify tenants of possible service discontinuance due to the delinquent payments of a customer having a master meter serving four or more units, the customer will be assessed a charge of $2.50 per unit for posting the cutoff alerts.    (f)   Service connection permit processing fee. If for any reason, within the term of a service connection permit, an applicant for a service connection under Section 49-24 fails to make the connection or does not require the connection, a $25 processing fee will be retained from any service connection charges paid, with any remainder being refunded to the applicant or property owner.    (g)   Fire flow test. A charge of $150 will be assessed for each fire flow test performed on existing city water lines at the request of a customer or other person to determine water availability for fire protection systems.    (h)   Where no charge specified. When charges for a service are not specified in this chapter, the director shall establish charges which are based on the cost of performing the services, including, but not limited to, such services as the moving of meter locations, repair to damaged facilities, field location of mains, fire hydrant relocation, installation of traffic lids on meter boxes, replacement of a meter with a meter larger than one inch, water and wastewater main abandonments, installation and removal of temporary service, abandonment of manholes, and provision of printed materials.    (i)   Where money credited. All sums of money collected as a charge or fee authorized under this chapter, at the rates specified in this chapter, shall be credited to the appropriate water and wastewater fund of the city. (Ord. Nos. 19201; 19300; 20737; 21824; 23289; 25049; 25385; 26961; 27355; 28426) SEC. 49-18.17.   HYDROSTATIC TESTING OF WATER MAINS.    No charge will be made for the hydrostatic testing or retesting of a water main, except that a fee of $300.00 will be charged if an expedited test or retest is requested. An expedited test or retest requires the department to perform the hydrostatic testing or retesting on the water main within three days after receipt of the request. (Ord. 26479) ARTICLE III. WATER AND WASTEWATER GENERALLY. SEC. 49-19.   CONTROL OF AND ACCESS TO SYSTEMS; INTERFERENCE WITH ACCESS GENERALLY.    (a)   Systems as city property. All parts of the water and wastewater systems, including but not limited to those parts defined in Section 49-1, are the property of the city. The director shall maintain and control each system and keep detailed records concerning all aspects of department operations.    (b)   Who has access. Only a person who is authorized by the director pursuant to Section 49-23 will have access to the water and wastewater systems for operation, construction, maintenance, repair and other service-related purposes.    (c)   Obstruction of authorized persons. A person commits an offense if he knowingly obstructs a person authorized in accordance with Section 49-23 from:       (1)   gaining access to a part of the water or wastewater system for purposes of operation, inspection, construction, maintenance or repair; or       (2)   performing actual operation, inspection, construction, maintenance or repair of a part of the water or wastewater system. (Ord. 19201) SEC. 49-20.   EMERGENCY AUTHORITY.    (a)   Purpose and scope. The purpose of this section is to establish the city’s policy in the event of shortages or delivery limitations in the city’s water supply. This section applies to:       (1)   all persons and premises within the city using water from the water system;       (2)   all retail customers who live in unincorporated areas within the city’s extraterritorial jurisdiction and are served by the water system; and       (3)   all wholesale service customers outside the city to the extent provided in Subsection (i).    (b)   Emergency water management plan. The director shall promulgate and submit an emergency water management plan to the city council for approval, the guidelines of which should include:       (1)   the conditions under which a particular stage of emergency will be implemented or terminated; and       (2)   provisions defining specific events that will trigger an emergency.    (c)   Authority. The city manager is authorized to implement measures prescribed when required by this section and by the emergency water management plan approved by the city council. The director is authorized to enforce the measures implemented and to promulgate regulations, not in conflict with this section or state and federal laws, in aid of enforcement.    (d)   Implementation of emergency order. The director, upon determination that the conditions of a water emergency exist, shall advise the city manager. The city manager may order that the appropriate stage of emergency response, as detailed in the emergency water management plan, be implemented. To be effective, the order must be:       (1)   made by public announcement; and       (2)   published in a newspaper of general circulation in the city within 24 hours after the public announcement, which order becomes immediately effective upon publication.    (e)   Duration of order; change; extension. The order can be made effective for up to, but not more than, 60 days from the date of publication. Upon recommendation of the director, the city manager may upgrade or downgrade the stage of emergency when the conditions triggering that stage occur. Any change in the order must be made in the same manner prescribed in Subsection (d) for implementing an emergency order. The city council may, upon the recommendation of the city manager and the director, extend the duration of the emergency order for additional time periods, not to exceed 120 days each. The city manager shall terminate the order in the manner prescribed in Subsection (d) for implementing an emergency order when the director determines that the conditions creating the emergency no longer exist.    (f)   Violation of section. A person commits an offense if he knowingly makes, causes or permits a use of water contrary to the measures implemented by the city manager as prescribed in the emergency water management plan. For purposes of this subsection, it is presumed that a person has knowingly made, caused or permitted a use of water contrary to the measures implemented if the mandatory measures have been formally ordered consistent with the terms of Subsection (d) and:       (1)   the manner of use has been prohibited by the emergency water management plan;       (2)   the amount of water used exceeds that allowed by the emergency water management plan; or       (3)   the manner or amount used violates the terms and conditions of a compliance agreement made pursuant to a variance granted by the director under Subsection (g).    (g)   Variances. During the times the emergency order is operative, the director may grant variances in special cases to persons demonstrating extreme hardship and need. The director may grant variances only under the following circumstances and conditions:       (1)   the applicant must sign a compliance agreement on forms provided by the director, and approved by the city attorney, agreeing to use the water only in the amount and manner permitted by the variance;       (2)   granting of a variance must not cause an immediate significant reduction in the city’s water supply;       (3)   the extreme hardship or need requiring the variance must relate to the health, safety or welfare of the person requesting it; and       (4)   the health, safety and welfare of other persons must not be adversely affected by granting of the variance.    (h)   Revocation of variances. The director may revoke a variance granted when he determines that:       (1)    the conditions of Subsection (g) are not being met or are no longer applicable;       (2)   the terms of the compliance agreement are being violated; or       (3)   the health, safety or welfare of other persons requires revocation.    (i)   Wholesale service to customers outside the city. The director shall advise customers receiving wholesale water service from the city of actions taken under the emergency water management plan. The director may restrict service to customers outside the city as permitted under the contract and state law.    (j)   Authority under other laws. Nothing in this section shall be construed to limit the authority of the mayor, the city council or the city manager to seek emergency relief under the provisions of any state or federal disaster relief act. (Ord. 19201) SEC. 49-21.   ADEQUACY OF SUPPLY.    (a)   City supply must be adequate. Under no circumstances shall water be furnished by the city to any applicant or customer unless the supply of the city is adequate. In cases of emergency, priority of users of the city’s water supply shall be determined by the director, subject to the requirements of state law and Section 49-20.    (b)   Revisions. The city council may from time to time, upon recommendation of the city manager and the director, make revisions in the emergency water management plan approved under Section 49-20(b) if prudent conservation requires the revisions. (Ord. 19201) SEC. 49-21.1.   CONSERVATION MEASURES RELATING TO LAWN AND LANDSCAPE IRRIGATION.    (a)   Purpose. Lawn and landscape irrigation practices within the city, especially during the summer months, can cause a waste of valuable water resources. The purpose of this section is to mandate that water be used for lawn and landscape irrigation in a manner that prevents waste, conserves water resources for their most beneficial and vital uses, and protects the public health.    (b)   Lawn and landscape irrigation restrictions.       (1)   A person commits an offense if, during the period from April 1 through October 31 of any year and between the hours of 10:00 a.m. and 6:00 p.m. on any day during that period, the person irrigates, waters, or causes or permits the irrigation or watering of any lawn or landscape located on premises owned, leased, or managed by the person. It is a defense to prosecution under this paragraph that the person was only using water from a source other the city’s water or wastewater system.       (2)   A person commits an offense if, at any time during the year, the person irrigates, waters, or causes or permits the irrigation or watering of any lawn or landscape located on premises owned, leased, or managed by the person with a hose-end sprinkler or automatic irrigation system on a day other than a designated outdoor water use day for the property address. It is a defense to prosecution under this paragraph that the person was:          (A)   using a hand-held hose, drip irrigation device, soaker hose, or hand-held bucket;          (B)   irrigating during the repair or testing of a new or existing automatic irrigation system;          (C)   irrigating nursery stock at a commercial plant nursery; or          (D)   only using water from a source other than the city’s water or wastewater system.       (3)   A person commits an offense if the person knowingly or recklessly irrigates, waters, or causes or permits the irrigation or watering of a lawn or landscape located on premises owned, leased, or managed by the person in a manner that causes:          (A)   a substantial amount of water to fall upon impervious areas instead of upon the lawn or landscape, such that a constant stream of water overflows from the lawn or landscape onto a street or other drainage area; or          (B)   an automatic irrigation system or other lawn or landscape watering device to operate during any form of precipitation.       (4)   A person commits an offense if, on premises owned, leased, or managed by the person, the person operates a lawn or landscape automatic irrigation system or device that:          (A)   has any broken or missing sprinkler head; or          (B)   has not been properly maintained in a manner that prevents the waste of water.    (c)   Rain and freeze sensing devices.       (1)   Any automatic irrigation system installed or operated within the city must be equipped with a working rain and freeze sensing device.       (2)   A person commits an offense if, on premises owned, leased, or managed by the person, the person:          (A)   installs, or causes or permits the installation of, an automatic irrigation system in violation of Subsection (c)(1); or          (B)   operates, or causes or permits the operation of, an automatic irrigation system that does not comply with Subsection (c)(1).    (d)   Variances. The director may, in special cases, grant variances from the provisions of Subsections (b)(1), (b)(2), or (c) to persons demonstrating extreme hardship and need. The director may grant variances only under all of the following circumstances and conditions:       (1)   The applicant must sign a compliance agreement on forms provided by the director, and approved by the city attorney, agreeing to irrigate or water a lawn or landscape only in the amount and manner permitted by the variance.       (2)   Granting of a variance must not cause an immediate significant reduction in the city’s water supply.       (3)   The extreme hardship or need requiring the variance must relate to the health, safety, or welfare of the person requesting it.       (4)   The health, safety, and welfare of other persons must not be adversely affected by granting the variance.    (e)   Revocation of variances. The director may revoke a variance granted when the director determines that:       (1)   the conditions of Subsection (d) are not being met or are no longer applicable;       (2)   the terms of the compliance agreement are being violated; or       (3)   the health, safety, or welfare of other persons requires revocation. (Ord. Nos. 24745; 26518; 28622) SEC. 49-22.   TEMPORARY DISCONTINUANCE FOR CONSTRUCTION, MAINTENANCE OR EMERGENCY REASONS.    (a)   Reasons for temporary discontinuance. The director is authorized to temporarily discontinue service to premises for the following reasons:       (1)   when a main break or other failure in the water or wastewater systems could injure persons, private or city property, or other parts of the systems;       (2)   to perform routine maintenance or repair to any part of the water or wastewater systems;       (3)   to perform emergency maintenance or repair to any part of the water or wastewater systems;       (4)   in other cases of emergency, when necessary to protect the general health, safety or welfare of persons; or       (5)   to make a connection to a newly constructed or relocated water or wastewater main.    (b)   Responsibilities upon temporary discontinuance. In all cases of temporary discontinuance, the director must restore service as soon as is practical and must take all reasonable steps necessary to protect the public health and safety under the circumstances. (Ord. 19201) SEC. 49-23.   AUTHORIZED EMPLOYEES; RIGHT OF ACCESS OF EMPLOYEES FOR INSPECTION AND MAINTENANCE; ACCESS OF CONTRACTORS.    (a)   Authorized employees. The director shall designate those individuals who are employed by the department and authorized to carry a credential of the department. No person other than an authorized employee shall have or use any credential of the department. An employee must surrender credentials to the director upon termination of employment or at the request of the director.    (b)   Right to access. An authorized employee shall carry a credential when dealing with the general public. Upon presentation of the credential, an authorized employee shall have free access, at reasonable hours, to private premises receiving service, for the purpose of reading or inspecting a water meter, a backflow prevention device or for other service- related activities. Only an authorized employee may have free access to parts of the water and wastewater systems for purposes of operation, construction, repair or maintenance.    (c)   Access by non authorized persons. A person commits an offense if he is not an authorized employee under this section and he knowingly:       (1)   uses a department credential to obtain access to private property or to a part of the water or wastewater system; or       (2)   falsely represents, by other than the display of a credential, that he is an authorized employee of the department to obtain access to private property or to a part of the water or wastewater system.    (d)   Private contractors. A person performing construction or repair work for the department pursuant to a contract with the city, or a private development contract under Section 49-60(f), has a right of access to those parts of the water or wastewater systems as is reasonably necessary to fulfill performance of the contract; provided, that no person shall have the right under this subsection to open or operate any valve in these systems. Access is subject to the express directions of the director, the terms of the contract documents, and all requirements of this code concerning permits. (Ord. 19201) SEC. 49-24.   SERVICE CONNECTIONS.    (a)   Maintaining service connections. The director is authorized to maintain service connections from the mains in public rights-of-way to building laterals or building water lines on premises, pursuant to the following rules:       (1)   The city is responsible for maintenance of a service connection from the main to the meter, or from the main to the property line where the connection is unmetered, in the case of water service and from the main to the property line in the case of wastewater service.       (2)   The city will maintain a service connection at its original size as long as the customer continues use of a service.       (3)   The city’s obligation to continue maintenance of a service connection ceases when the customer abandons use of a service.       (4)   The city will remove, at the property owner’s expense, a service connection made in violation of this code.       (5)   The director is authorized to charge a fee in accordance with Section 49-18.7 to an applicant or property owner for construction, installation, or maintenance of a service connection.    (b)   Connection permits. The following rules govern the issuance of a service connection permit:       (1)   The plumber must submit a copy of the plumbing permit, obtained from the city’s building inspection division, with the connection permit application. The connection permit application must specify:          (A)   the address of the work;          (B)   the name of the applicant;          (C)   the name of the property owner; and          (D)   the names of other plumbing subcontractors employed to do the work.       (2)   The director may revoke a permit at any time before work is completed and connection is made if the director determines that the terms and conditions of the permit are being violated, and no interested party will have a claim for damages or refunds as a result of revocation.       (3)   A connection permit must be issued in the name of the applicant and the property owner. A permit is nontransferable and expires one year from the date of issuance. In the event of failure to connect within the term of the permit, a processing fee will be retained in accordance with Section 49-18.16(f) from any service connection charges paid, with any remainder being refunded to the applicant or property owner.    (c)   Construction and installation rules. The following rules govern construction and installation of service connections:       (1)   A building lateral, building water line, drain and other private plumbing must be constructed in strict accordance with the provisions of the city’s plumbing and building codes. The director may, as a condition of the connection permit, impose additional construction requirements not in conflict with the plumbing and building codes, this chapter, or other applicable state or federal laws and regulations in order to protect the system from damage or contamination, to facilitate connection, or where extraordinary circumstances may require.       (2)   A building lateral and building water line must be laid up to the property line and the end left exposed. The permittee or his agent shall provide a ditch safe for entry in accordance with state and federal safety standards. A building lateral and building water line must be stubbed out to meet the service line both as to horizontal location and vertical depth. Location of the service line will be furnished upon request, or upon issuance of a connection permit, but the permittee or the permittee’s agent is responsible for uncovering and confirming the location of the service line before construction of the building lateral or building water line.       (3)   For a water service connection two inches or smaller, the department will install the service line and meter and connect them to the building water line when the building water line is properly laid in place. For a residential wastewater service connection, the department will complete the connection from the service line to the building lateral at the property line.       (4)   For a water or wastewater service connection other than described in Subsection (c)(3) of this section, the director may require the permittee to construct and install the entire service connection including line connection and meter hookup, if any. In the case of a water service connection under this Subsection (c)(4), the department will inspect the water main tap and all connections from that point to the building water line. In the case of a wastewater service connection under this Subsection (c)(4), the department will inspect the wastewater line tap and the building lateral. Upon inspection and final acceptance of the service connection by the city, that portion of the service connection that is the city’s responsibility to maintain under Subsection (a) of this section becomes the property of the city free and clear of all liens and encumbrances. If the director does not require the permittee to construct and install the entire service connection, the department shall construct and install the service connection in the same manner as described for the connections done under Subsection (c)(3) of this section, at the permittee’s cost.       (5)   If the director requires the permittee to construct the service connection, the permittee shall enter into a contract for the purpose pursuant to the format prescribed in Section 49-60(f)(1), (f)(3), and (f)(4). The contract and bonds must be approved by the director before any construction can commence. The permittee shall meet the applicable requirements of the Dallas Plumbing Code, the connection permit and this chapter, and shall pay the applicable charges and costs prescribed in Section 49-18.7. In addition to compliance with the rules set out in this section, the permittee shall obtain and follow the applicable department utility appurtenance sheets to be used in completing the connection.       (6)   All service connections must be made only by persons authorized by the director, and the private plumbing must meet the construction requirements of the Dallas Plumbing Code. Any ditch dug for the purpose of constructing or installing a connection must be backfilled by the permittee or his agent upon completion of the connection, following inspection and approval by the city.       (7)   Nothing in this Subsection (c) shall be construed to limit the city’s right to construct and install any service connection where the director may deem it appropriate.    (d)   Nuisance. Every commode, wastewater drain, privy or other wastewater receptacle used on premises which is neither connected to the wastewater system nor to a septic tank or receptacle approved under this code is hereby declared to be a nuisance and a public health hazard.    (e)   Enforcement authority. The director is authorized to promulgate regulations not in conflict with this code, the city charter or state laws and regulations to aid in implementing the provisions of this section. (Ord. Nos. 19201; 19622; 20215; 20653; 20737) SEC. 49-25.   CROSS CONNECTIONS; LOCATION OF WATER AND SEWER MAINS.    (a)   Cross connection prohibited. A person shall not make or permit a cross connection between a system of piping supplied by the water system and the following sources of supply, unless properly protected by an approved backflow prevention device:       (1)   a public or private source of primary supply other than the water system; or       (2)   any secondary supply known or suspected to be unsafe for drinking water, including but not limited to shallow wells, reused industrial supplies, raw surface water or swimming pools.    (b)   Return flow prohibited. A person shall not make or permit a connection or cross connection that causes the discharge or return of water to the water system, including, but not limited to, water used as process water in or passing through a boiler, heat exchanger, air conditioner, cooling equipment, or other device, appliance, machine, mechanical system or process, in any industrial, commercial, or residential application.    (c)   Nuisance. A person commits an offense if he makes or permits a cross connection or connection in violation of Subsection (a) or Subsection (b). The making of a cross connection or connection in violation of Subsection (a) or Subsection (b) is hereby declared to be a nuisance and a public health hazard.    (d)   Proximity of water and wastewater mains. The director shall regulate the relative proximity of water mains to wastewater mains, both existing and under construction, in accordance with the Design Criteria for Public Sewerage Systems and the Rules and Regulations for Public Water Supply of the State Department of Health, in order to prevent contamination of the water system. (Ord. Nos. 19201; 21606) SEC. 49-26.   FIRE PROTECTION SYSTEMS.    (a)   Application required. A person shall not connect a fire protection system to the water system until application is made to the director, and then approved by the director and the city fire marshal.    (b)   General requirements. A fire protection system is subject to the following regulations:       (1)   The director shall not permit a fire protection system without an approved meter or detector check device with a bypass meter.       (2)   A fire protection service line must be no larger than one size smaller than the water main serving the fire protection system, unless the director approves a size on size connection in writing; provided that, in every case, the water system must be capable of providing, at the point of delivery, the delivery rate specified by the city fire marshal for the customer’s fire protection system.       (3)   A fire protection service line must not be larger than eight inches without the director’s written approval.       (4)   A fire protection system must conform to the standards and regulations promulgated by the city fire marshal and other applicable provisions of this code.       (5)   A fire protection system installed by the customer shall be inspected by the department at the time of installation.    (c)   Installation of service connections. On service connections two inches or smaller, the city will perform installation and maintenance of the necessary meters and service lines connecting the fire protection system to the water system, which installation will be done at the sole expense of the customer. On service connections larger than two inches, the customer shall install the service connection in accordance with the rules prescribed for water service connections in Section 49-24(c)(4).    (d)   Grounds for discontinuance. The director may, upon 10 days advance notice to the city fire marshal, discontinue treated water service to a fire protection system if:       (1)   the director discovers an unauthorized connection has been made;       (2)   water has been used from a fire protection system for a purpose other than extinguishing a fire;       (3)   a fire protection system has been installed or used without a meter, where a meter is required;       (4)   a waste of water is permitted from a fire protection system through pipes or fixtures;       (5)   charges for service are delinquent under Section 49-7; or       (6)   the director discovers a non-potable contaminant or pollutant in the fire protection system, where the fire protection system and the potable private water system are not separated by a backflow protection device.    (e)   Restoration of service. Upon discontinuance under Subsection (d)(3), the director shall not restore the service until the customer remedies the problem causing discontinuance, or makes application for the kind and size of meter prescribed by the director for the particular system. The meter will be installed at the customer’s expense.    (f)   Availability of service. Availability of treated water will depend upon water main sizes and normal operating pressures in the area where the applicant’s property is located. The applicant must construct adequate storage facilities on his premises or additional mains, pursuant to a private development contract under Section 49-60(f), to meet the necessary fire flow demand in the event his demand causes inadequate water pressure to other customers in the area for a sustained period.    (g)   Storage facilities. The construction and maintenance of water storage facilities for fire protection purposes, as required by Subsection (f), are subject to the following standards:       (1)   A storage facility, including pumps installed by an applicant, must discharge into the applicant’s fire protection system. The storage facility, whether or not pumps are used, must not be of the pressure type unless the applicant installs an approved backflow prevention device between the point where the facility discharges into the fire protection system and the point of its connection to the water system so as to prevent backflow into the water system.       (2)   A constructed storage facility must be maintained in accordance with the applicable standards of the city and the State Department of Health. Water in the storage facility must be maintained in a potable condition and subject to periodic inspection by the director.       (3)   Every storage facility must have an approved air gap, except for a facility of the pressure type permitted in Subsection (g)(1). Quick acting valves must not be used to control the supply line to the storage facility, if such valves cause water hammer in the water system.       (4)   A storage facility, if not of the pressure type permitted in Subsection (g)(1), must be equipped with an overflow pipe at least eight inches below the supply line from the water system. The overflow pipe must be protected in order to prevent access of insects, birds or other animals. The overflow pipe must be at least two inches in diameter larger than the supply line from the water system.       (5)   A storage facility must be provided with a drain pipe and valve for easy discharge purposes. The drain pipe must not be connected to the wastewater system.    (h)   Nonconforming systems. Any person modifying, changing or adding to his premises or his existing fire protection system must at that time come into compliance with the requirements of this section, if his fire protection system did not previously conform to the requirements of this section. (Ord. Nos. 19201; 19622; 20215) SEC. 49-27.   FIRE HYDRANTS.    (a)   Permission to use. Fire hydrants are used in extinguishing fires and are to be opened only by authorized employees of the department and the city's fire department, department of public works, and department of sanitation services. Any other person who wishes to use a fire hydrant must seek written permission from the director under the following conditions:       (1)   A person requesting use of a fire hydrant must make written application for a permit and must pay charges in accordance with Section 49-18.9.       (2)   The permittee must:          (A)   use a water meter furnished by the department;          (B)   connect the meter directly to the fire hydrant and include in the connection an approved reduced pressure zone backflow prevention device provided by the department;          (C)   make the meter readily available for reading by the department each month it is used; and          (D)   return the meter immediately after finishing use of the hydrant or upon request of the director.       (3)   If water is to be hauled from the hydrant, the permittee must display a decal issued by the department on each vehicle used in hauling water from the hydrant.       (4)   A permittee authorized to open a fire hydrant must only use an approved spanner wrench and must replace the caps on the outlets when not in use.    (b)   Improper use. Failure to abide by the conditions of Subsection (a) is sufficient cause to prohibit further use of the fire hydrant and to refuse to grant subsequent permits for use of a fire hydrant. A person commits an offense if he knowingly:       (1)   uses water from a fire hydrant without a permit from the director;       (2)   violates Subsection (a)(2), (a)(3), or (a)(4) of this section or any of the terms and conditions of a permit granted under this section.    (c)   Exceptions. This section does not apply to:       (1)   a city employee engaged in work in an official capacity; or       (2)   a person using water from a fire hydrant without charge for department construction work under Section 49-35. (Ord. Nos. 19201; 22026; 23694; 26479; 30239; 30654) SEC. 49-28.   WATER STORAGE TANKS AND PUMPING EQUIPMENT.    (a)   Tanks supplied by water system. A water storage tank supplied solely by the water system must be satisfactorily built and covered to prevent the entrance of contamination. Every storage tank supplied solely by the water system must have an approved air gap and overflow pipe; except, that a tank of the pressure type will be permitted if an approved backflow prevention device is installed. The delivery of treated water must be controlled by a slow acting automatic valve which does not cause water hammer in the water system. A storage tank must be maintained in a manner satisfactory to the State Department of Health and the director and is subject to periodic inspection by the director.    (b)   Tanks with other water sources. Where treated water service is used as a primary or secondary supply to a roof or suction tank which is also supplied by another source of water, the rules of Subsection (a) apply, except that a storage tank under this subsection must not be of the pressure type, but must have an approved air gap and overflow pipe; no backflow prevention devices will be allowed.    (c)   Water pumps. Pumps taking suction from the water system and serving water storage tanks, plus other pumping equipment installed by a customer for any other purpose except dewatering, may be installed and operated only upon approval from the director as to size, delivery rate and valving arrangements. (Ord. 19201) SEC. 49-29.   BACKFLOW PREVENTION DEVICES.    (a)   Authority to require. The director is authorized to:       (1)   give notice and require a customer to install an approved backflow prevention device at the customer’s own expense, where the director determines that the device is necessary for protection of private plumbing on the premises or the water system;       (2)   give notice and require a customer to correct a defective backflow prevention device at the customer’s own expense;       (3)   refuse or discontinue service if a backflow prevention device is not installed or corrected as provided in this section; and       (4)   inspect backflow prevention devices and charge fees for the inspection in accordance with Section 49-18.6(d).    (b)   Maintenance responsibility. The customer is responsible for general maintenance and upkeep of an approved backflow prevention device. The city and the director are not responsible for damage done during inspection that is a result of corrosion or improper maintenance of a backflow prevention device. (Ord. 19201) SEC. 49-30.   PRIVATE WATER MAINS OR SYSTEMS.    (a)   Mains are property of city. Water and wastewater mains, pipes and appurtenances laid in streets, alleys or other public rights-of-way within the city immediately become property of the city upon their acceptance, except for mains, pipes and appurtenances laid within the city by a governmental entity pursuant to a license granted by the city. Water and wastewater mains, pipes and appurtenances laid within the city and connected to the water or wastewater systems must be constructed under department supervision and in accordance with plans and specifications approved by the director.    (b)   Nonconforming mains. The director may refuse application for service to premises inside or outside of the city if, upon examination, the mains, private water lines or laterals, valves, appurtenances, fire hydrants or other equipment serving the premises are of such quality, size or installation as will not comply with the general standards and specifications of the department.    (c)   Substandard laterals or water lines. The director may require the customer, as a precondition of continued service, to replace or repair private plumbing found to be in a substandard condition according to the Dallas Plumbing Code, if the substandard plumbing may cause:       (1)   a hazard to public health;       (2)   damage or contamination to the water or wastewater systems;       (3)   a substantial waste of water; or       (4)   introduction of extraneous water into the wastewater system. (Ord. Nos. 19201; 20653) SEC. 49-31.   VENDING WATER.    (a)   Permit required. A person commits an offense if he sells treated water inside the city, from a source of supply inside or outside the city, without a permit from the director granted subject to the conditions of Subsection (b).    (b)   Conditions of permit. No person may sell treated water inside the city from any source of supply without a permit from the director subject to the following conditions:       (1)   The application for permit must be reviewed and approved by the city environmental health officer prior to its issuance.       (2)   The production, processing, treatment and distribution of the water is at all times under the supervision of the department or another competent water works operator holding a valid certificate of competency issued by the State Department of Health.       (3)   The permittee must abide by the applicable state laws and the rules, regulations and other conditions set forth by the State Department of Health, the director and the city environmental health officer regarding the sale of drinking water.    (c)   Exceptions. This section does not apply to the retail sale of commercially bottled water by a grocery store, drug store, restaurant or other similar business establishment.    (d)   Enforcement authority. The director is authorized to promulgate additional regulations, not in conflict with state laws, rules and regulations or other applicable provisions of this code, to aid implementation of this section. (Ord. 19201) SEC. 49-32.   WASTEWATER INDEMNITY AGREEMENTS.    (a)   Grounds for denial of wastewater service. Wastewater service to premises inside or outside the city must be denied if:       (1)   the premises are subject to frequent, severe flooding;       (2)   the wastewater main serving the premises surcharges or overflows due to infiltration of ground water from the premises; or       (3)   the premises are subject to being flooded by a surcharged wastewater main due to the elevation of the premises in relation to the actual or proposed wastewater main.    (b)   Indemnity agreement. Notwithstanding Subsection (a), the director may provide wastewater service where these conditions exist if the owner agrees in writing to defend and indemnify the city and save it whole and harmless against all damages, costs and expenses caused by the surcharging, backflow or overflow of the wastewater main serving the premises.    (c)   Effect of agreement. The indemnity agreement, when executed by the owner, constitutes a covenant running with the land binding upon the owner, his heirs, successors and assigns. The agreement must be approved as to form by the city attorney and must be filed in the deed records of the county in which the premises is located. (Ord. 19201) SEC. 49-33.   EXPOSING METERS OR HYDRANTS TO DAMAGE; NOTICE OF WORK AFFECTING SYSTEMS; MOVING METERS OR HYDRANTS.    (a)   Exposure to damage. A person shall not build a driveway, sidewalk or other improvement that:       (1)   exposes a meter, fire hydrant, air valve, tap, pressure recording instrument, cleanout or other appurtenance to damage from vehicular traffic; or       (2)   causes obstruction of access to a meter, fire hydrant, air valve, tap, pressure recording instrument, cleanout or other appurtenance for operation, repair, inspection or maintenance purposes.    (b)   Notice of work affecting systems. A person who does work of any nature on a street, alley or sidewalk within the city must notify the director at least 10 days in advance of the removal, raising or lowering of any part of the water or wastewater system that may interfere with the work. Where the director is not notified, damage to any part of the systems resulting from the work will be charged against the person or that person’s agents or contractors performing the work.    (c)   Request to move appurtenance. The owner or occupant of premises adversely affected by the location of a meter, fire hydrant, air valve, tap, pressure recording instrument or other appurtenance may make written application to the director to have the device moved, under the following conditions:       (1)   The director may approve the application if he determines that the move will not interfere with normal department operations and will not cause damage to the water or wastewater system. The decision of the director in such matters is final.       (2)   Upon approval of the application, the director will furnish the applicant an estimate of costs to move the device. The applicant shall bear all estimated moving costs.       (3)   Upon deposit of the estimated costs by the applicant, the department will make the agreed-to change in location. (Ord. Nos. 19201; 20653) SEC. 49-34.   COMMUNICATING ELECTRICITY TO PIPES.    (a)   A person commits an offense if he makes, causes or permits:       (1)   a direct or indirect metallic connection, through which electric current can be transmitted, with a part of the water or wastewater system, or to private pipes, laterals or other private facilities which are connected to either system; or       (2)   the transmission of electric current through a part of the water or wastewater system, or through a metal conductor of electricity that is bonded or joined to either system. (Ord. 19201) SEC. 49-35.   WATER USED FOR CONSTRUCTION WORK.    (a)   When water is free. The director may furnish water free of charge to:       (1)   a contractor or other person performing construction work for the department; or       (2)   a licensed plumber performing a pressure test of a private plumbing system, which test has been authorized in advance by the director.    (b)   Other construction work. For any construction work other than that described in Subsection (a), the charge for water used will be in accordance with the general service rates specified in Section 49-18.1(c)(2) and will be charged against the person using the water.    (c)   Conditions when charged. If water to be used for construction is subject to charge, the water must not be turned on until all applicable pre-use charges are paid. Water service may be discontinued, or application refused, in the same manner as provided under Sections 49-3 or 49-7. (Ord. Nos. 19201; 21430; 26961) SEC. 49-36.   RESERVED.    (Repealed by Ord. 20653) SEC. 49-37.   TAMPERING WITH OR DAMAGING SYSTEMS; UNLAWFUL USE OF WATER; PRIMA FACIE EVIDENCE.    (a)   Tampering with or damaging system. A person commits an offense if, without the written permission of the city manager or the director, he knowingly:       (1)   damages or destroys part of the water or wastewater system;       (2)   tampers with part of the water or wastewater system; or       (3)   damages, destroys or tampers with a fire hydrant within the city.    (b)   Certain conditions creating prima facie evidence of tampering. For purposes of this section, it is prima facie evidence that a person has tampered under Subsections (a)(2) or (a)(3) if the person is a customer, owner or person in control of the premises and:       (1)   water is prevented from passing through a meter used or furnished by the department to supply water to the premises;       (2)   a meter used or furnished by the department is prevented from correctly registering the quantity of water supplied to the premises;       (3)   water is diverted or bypassed by the use of a device, from or around a pipe, main, meter, hydrant or other connection of the department;       (4)   a meter or service connection of the department used for service to premises is removed; or       (5)   wastewater is prevented or diverted from flowing from premises into the wastewater system.    (c)   Prima facie evidence of knowledge. The existence on premises of a device used for any of the unlawful purposes stated in this section shall constitute prima facie evidence of knowledge of the unlawful purpose on the part of the customer, owner or person in control of the premises. (Ord. 19201) SEC. 49-38.   RIGHTS AS TO CERTAIN FACILITIES OUTSIDE OF THE CITY; RIGHTS UPON ANNEXATION.    (a)   Agreements as to facilities. The director may negotiate agreements with governmental entities defining ownership and maintenance responsibilities of facilities used or installed for service outside the city.    (b)   Assumption of service. Where a governmental entity agrees to assume primary service responsibility over an area previously served by the city, because of annexation or other reasons, facilities installed will, upon agreed payment, become the property of the governmental entity, except for:       (1)   a meter or other appurtenance belonging to and installed by the city to connect service; or       (2)   a facility designated by agreement to be the property of the city.    (c)   City’s rights upon annexation. The following rules apply regarding mains, appurtenances and other facilities located within property annexed by the city:       (1)   Facilities within annexed property immediately become property of the city.       (2)   The city will assume those benefits and obligations required to be assumed under state law, but otherwise must take the facilities free from all liens or encumbrances.       (3)   The city may enforce its right to possession of annexed facilities by an action filed in a state court of competent jurisdiction.    (d)   Private facilities. Private laterals or building water lines connected to facilities affected under this section remain, to the extent they are not located within public property, the property of the person owning the premises within which the laterals or water lines are located. (Ord. 19201) SEC. 49-39.   RIGHT TO CONSTRUCT MAINS OUTSIDE THE CITY.    (a)   Authority to negotiate. The director is authorized to negotiate agreements, to be approved by the city council, with another governmental entity to use the streets, alleys and other public rights-of-way of that governmental entity in order to lay mains, pipes, meters or other facilities of the water or wastewater systems for service inside or outside the city.    (b)   Form of agreement. The agreement may take the form of a license, easement or deed. Notwithstanding the form, ownership of the facilities laid must remain with the city, and right-of-way adequate to protect the city’s interest in its facilities must be secured.    (c)   Rights to connect and maintain. The city reserves the right to maintain its facilities and must have free access for those purposes. The city also reserves the right to make any connections or extensions it desires for public purposes inside or outside the city. (Ord. 19201) SEC. 49-40.   SERVICE OUTSIDE THE CITY.    (a)   Authority to regulate wholesale service. The director is authorized to promulgate policies and regulations, not in conflict with this chapter or other laws, regarding the service of new and existing wholesale service customers outside of the city.    (b)   Reciprocal service agreements. The director is authorized to negotiate reciprocal service agreements with other governmental entities covering retail service to limited areas outside of the city, at rates and under such terms and conditions as the parties agree upon, subject to the approval of the city council.    (c)   Existing service outside the city. The director is authorized to continue retail service to those areas outside of the city for which the city has previously assumed the obligation to serve pursuant to written agreement authorized under city charter, city ordinances or state law. The director is not required to serve new retail customers outside the city, but the director may serve such customers if he determines that service is within the reasonable service area and capability of the city, subject to the following additional rules:       (1)   The applicant shall sign a service contract, on a form prescribed by the director and approved by the city attorney, agreeing to:          (A)   build facilities at his cost;          (B)   abide by the terms of this chapter; and          (C)   fully indemnify the city against all damages of any character that may arise out of the construction, operation or maintenance of facilities used to connect to the water or wastewater system.       (2)   The applicant shall provide for the laying of all facilities and appurtenances necessary to reach a connection point designated by the director, and the facilities must be built in strict accordance with the requirements and specifications of the department.       (3)   The meter at the designated connection point must be located inside, or as near as practicable to, the city limits. The meter must be operated and maintained by the city.       (4)   The director may revoke permission to serve at any time if he determines that the terms and provisions of this chapter, or any additional conditions of service, are being violated.       (5)   The director may promulgate reasonable rules, not in conflict with this chapter or other laws, as additional conditions of providing retail service outside of the city and in aid of administration of this subsection.    (d)   Applicability of chapter. Except in the case of a reciprocal service agreement, a retail customer outside the city will be subject to the same applicable provisions of this chapter as is a customer inside the city, which provisions must be made a part of any agreement entered into for the service. (Ord. 19201) ARTICLE IV. WATER QUALITY. SEC. 49-41.   PURPOSE AND POLICY.    (a)   In general. This article sets forth uniform requirements for users of the wastewater system, to enable the city of Dallas to comply with all applicable state and federal laws, including the Federal Water Pollution Control Act, as amended by the Clean Water Act, as amended (33 USC §§1251 et seq.), and the general pretreatment regulations (Title 40, Code of Federal Regulations, Part 403). The objectives of this article are:       (1)   to prevent the introduction of pollutants into the wastewater system that will interfere with its operation;       (2)   to prevent the introduction of pollutants into the wastewater system that will pass, inadequately treated, through the wastewater system and into receiving waters, or that will otherwise be incompatible with the wastewater system;       (3)   to protect the health and safety of both the wastewater system’s personnel and the general public;       (4)   to promote the reuse and recycling of industrial wastewater and sludge within the wastewater system;       (5)   to provide for wastewater contracts between the city and other municipalities or extra- jurisdictional users who discharge to the wastewater system; and       (6)   to enable the city to comply with its Texas Pollutant Discharge Elimination System permit conditions, sludge use and disposal requirements, and any other federal or state laws to which the wastewater system is subject.    (b)   Incorporation of EPA or TCEQ standards. All categorical pretreatment standards, sewage pretreatment rules, lists of toxic pollutants, industrial categories, and other applicable regulations promulgated by the EPA or TCEQ, including all future amendments of those standards, rules, and regulations, are incorporated into this article. (Ord. 28084) SEC. 49-42.   ENFORCEMENT.    (a)   Authority to enforce. The director and the city environmental health officer shall have the power to enforce the provisions of this article, including the right to make inspections and take enforcement action against violators. For purposes of this article, state law, and federal law, the wastewater system is a publicly-owned treatment works.    (b)   Enforcement response plan.       (1)   For the purpose of promoting consistency of enforcement throughout the city’s jurisdiction and service area, the director shall promulgate and enforce an enforcement response plan.       (2)   The plan must contain detailed procedures indicating how the city will investigate and respond to instances of industrial user noncompliance. The plan, at a minimum, must:          (A)   describe how the city will investigate instances of noncompliance;          (B)   describe the types of escalating enforcement responses the city will take in response to all anticipated types of industrial user violations and the time periods within which responses will take place;          (C)   identify, by title, the official or officials responsible for each type of response; and          (D)   adequately reflect the city’s primary responsibility to enforce all applicable pretreatment requirements and standards, as detailed in Title 40, Code of Federal Regulations, Sections 403.8 (f)(1) and (f)(2), as amended, and Sections 49-43 and 49-50 of this article.    (c)   Administrative search warrants. The municipal court shall have the power to issue to the director or city environmental health officer administrative search warrants, or other process allowed by law, where necessary to aid in enforcing this article.    (d)   Penalties. A person who violates any provision of this article or any term or condition of an industrial waste discharge permit granted pursuant to this article is guilty of a separate offense for each day or portion of a day during which the violation is continued. Each offense is punishable by a fine of not less than $1,000 or more than $2,000.    (e)   Criminal responsibility. A person is criminally responsible for a violation of this article if the person knowingly, recklessly, intentionally, or with criminal negligence:       (1)   commits or assists in the commission of a violation, or causes or permits another person to commit a violation; or       (2)   owns or manages the property or facilities determined to be the cause of the illegal discharge under Section 49-43, 49-44, 49-46, 49-55.6, or 49-55.7.    (f)   Civil actions. This article or the terms and conditions of a discharge permit granted pursuant to this article may be enforced by civil court action as provided by state or federal law. (Ord. Nos. 19201; 19682; 21409; 26925; 28084) SEC. 49-43.   CERTAIN WASTES PROHIBITED IN THE WASTEWATER SYSTEM.    (a)   General prohibitions. A person shall not discharge into the wastewater system, or cause or permit to be discharged into the wastewater system, any pollutant that causes a pass through or interference.    (b)   Specific prohibitions. A person shall not discharge, or cause or permit to be discharged, any of the following pollutants into the wastewater system:       (1)   Inflows or infiltration, as illustrated by, but not limited to, storm water, ground water, roof run-off, subsurface drainage, a downspout, a yard drain, a yard fountain or pond, or lawn spray.       (2)   Wastewater or industrial waste generated or produced outside the city, unless approval in writing from the director has been given to the person discharging the waste.       (3)   A liquid or vapor having a temperature higher than 150 degrees Fahrenheit (65 degrees Centigrade).       (4)   Gasoline, kerosene, naphtha, fuel oil, vapors, or any other pollutant that creates a fire or explosion hazard in the wastewater system, including but not limited to industrial waste with a closed cup flashpoint of less than 140 degrees Fahrenheit (60 degrees Centigrade).       (5)   A pollutant that will cause corrosive structural damage to the wastewater system, unless the portion of the wastewater system directly or indirectly receiving the discharge is specifically designed to accommodate the corrosive discharge.       (6)   Used motor oil.       (7)   A solid or viscous pollutant in amounts that will cause obstruction to the flow in the wastewater system, resulting in interference.       (8)   Heat in quantities that will cause the temperature to exceed 104 degrees Fahrenheit (40 degrees Celsius) at any point in the wastewater system or will otherwise inhibit biological activity in the wastewater system, unless the director expressly approves alternate temperature limits in the discharger’s industrial waste discharge permit.       (9)   Solid or liquid substances in quantities capable of causing obstruction to the flow in wastewater mains or other interference with the proper operation of the wastewater system as illustrated by, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, whole blood, paunch manure, hair and fleshings, entrails, lime slurry, lime residues, slops, chemical residues, and paint residues or bulk solids, except when such items as lime slurry or lime residues are used in the treatment of combined storm and wastewater during storm runoff.       (10)   A pollutant capable of forming a toxic gas, vapor, or fume in a quantity that may cause, either by itself or by interaction with other waste, hazard to life or acute employee health or safety problems.       (11)   Garbage that is not properly shredded as defined in Section 49-1(81).       (12)   Except where the director has determined that different limits under an industrial waste discharge permit are appropriate, wastewater exceeding 200 mg/L of oils, fats, and grease (measured as total oil and grease).       (13)   A substance having a pH value lower than 5.5 or higher than 10.5.       (14)   Radioactive materials in a manner that will permit a transient concentration higher than 100 microcuries per liter.       (15)   Unusual taste or odor producing substances, unless pretreated to a concentration acceptable to the director so that the material does not:          (A)   cause damage to collection facilities;          (B)   impair the city’s treatment processes;          (C)   incur treatment costs exceeding those of normal wastewater;          (D)   render the water unfit for stream disposal or industrial use; or          (E)   create a public nuisance.       (16)   A discharge of water, normal domestic wastewater, or industrial waste that in quantity of flow exceeds, for a duration of longer than 15 minutes, more than four times the average 24-hour flow during normal operation.       (17)   Without the approval of the director, a substance or pollutant other than industrial waste, normal domestic wastewater, septic tank waste, or chemical toilet waste that is of a toxic or hazardous nature, regardless of whether or not it is amenable to treatment, including but not limited to bulk or packaged chemical products.       (18)   Except at discharge points authorized by this chapter, or by regulations promulgated by the director that are not in conflict with this chapter or other laws, wastewater or a pollutant that is trucked or hauled.       (19)   Any other pollutant, substance, or material not amenable to treatment, or of a concentration or quantity sufficient to harm the wastewater system, as determined by the director.    (c)   Local limits. The following local pollutant limits are established to protect against pass through and interference. The limits apply at the point where the wastewater is discharged to the wastewater system. The director may impose mass limitations in addition to, or in place of, the concentration-based limitations. All concentrations for metallic substances are for total metal unless indicated otherwise. No person may discharge wastewater containing pollutants in the form of compounds or elements with total concentrations exceeding the following uniform concentration and contributory flow limits:       (1)   Uniform concentration limits for all wastewater except for wastewater discharged to the Trinity River Authority Central Regional Wastewater Treatment Plant. Central Wastewater Treatment Plant Southside Wastewater Treatment Pollutant Maximum Allowable Discharge Limit, Plant Maximum Allowable Discharge mg/L Limit, mg/L Central Wastewater Treatment Plant Southside Wastewater Treatment Pollutant Maximum Allowable Discharge Limit, Plant Maximum Allowable Discharge mg/L Limit, mg/L Arsenic 0.07 0.50 Cadmium 0.34 1.00 Chromium 3.62 5.00 Copper 4.00 4.00 Cyanide 0.71 1.60 Lead 1.60 1.60 Mercury 0.0006 0.01 Nickel N/A 5.58 Selenium 0.20 0.20 Silver 0.36 3.04 Sulfide 10.00 10.00 Zinc 3.06 5.00         (2)   Uniform concentration limits for wastewater discharged to the Trinity River Authority Central Regional Wastewater Treatment Plant. Pollutant TRA Central Wastewater Treatment Plant Maximum Allowable Discharge Limit, mg/L Pollutant TRA Central Wastewater Treatment Plant Maximum Allowable Discharge Limit, mg/L Arsenic 0.20 Cadmium 0.10 Chromium 2.90 Copper 2.30 Cyanide 0.50 Lead 0.90 Mercury 0.0004 Molybdenum 0.80 Nickel 4.60 Selenium 0.10 Silver 0.80 TTO 2.13 Sulfide NA Zinc 8.00 Oil and grease 200.00 pH 5.5 to 11.0 Standard Units         (3)   Contributory flow limits at the Central Wastewater Treatment Plant.          (A)   For contributing industrial users, the contributory flow pollutant limitation for nickel is 3.14 mg/L.          (B)   For non-contributing industrial users, the contributory flow pollutant limitation for nickel is 0.0028 mg/L.          (C)   For purposes of this paragraph, a contributing industrial user is an industrial user found by the city to discharge nickel above the industrial contributory screening limits at the Central Wastewater Treatment Plant.    (d)   Defenses. It is a defense to prosecution under Subsection (a) of this section and to a civil court action enforcing Subsection (a) of this section if a person can demonstrate that:       (1)   a specific numeric local discharge limit to prevent pass through or interference exists under this section for each pollutant in the person’s wastewater discharge that caused pass through or interference and the person’s wastewater discharge was in compliance with the applicable specific local discharge limit for each pollutant directly prior to and during the pass through or interference; or       (2)   if a specific numeric local discharge limit does not exist under this section for the pollutant in question, the person’s wastewater discharge did not change substantially in nature or in constituent parts from the person’s prior wastewater discharges when the city was regularly in compliance with its Texas Pollutant Discharge Elimination System permit and, in the case of interference, with applicable federal requirements for wastewater sludge use or disposal.    (e)   Enforcement actions. If a person discharges a substance into the wastewater system in violation of this section, fails to comply with the reporting requirements of this article, or falsifies or improperly alters pretreatment records required under Section 49-51, the director may take any of the following actions:       (1)   Suspend discharge. After informal notice, immediately suspend or halt an industrial user’s discharge.       (2)   Terminate service. Terminate water and wastewater service to the premises from which the substance was discharged.       (3)   Suspend or revoke permit. If the person was discharging wastewater pursuant to an industrial waste discharge permit issued under Section 49-46, revoke or suspend the permit.       (4)   Require pretreatment. By administrative order, where applicable, or by other authorized means, require pretreatment or control of the quantities and rates of discharge of wastewater to bring the discharge within the limits established by this section.       (5)   Criminal or civil enforcement.          (A)   Request a court of competent jurisdiction to assess a civil fine against the industrial user in an amount of not less than $1,000. The fine will be assessed on a per-violation, per-day basis. In the case of monthly or other long-term average discharge limit violations, the fine will be assessed for each day during the period of violation. In addition, the city may seek to recover the remediation and clean-up costs from the industrial user, and the costs of preparing and bringing the enforcement action. In determining the amount of the fine, the court may consider the following:             (i)   The extent of the harm caused by the violation.             (ii)   The magnitude and duration of the violation.             (iii)   Any economic benefit gained by the industrial user as a result of the violation.             (iv)   The timing and nature of any corrective actions taken by the industrial user.             (v)   The compliance history of the industrial user.             (vi)   The provisions of the enforcement response plan.             (vii)   Any other information deemed relevant by the court.          (B)   Bring a criminal or any other civil enforcement action as authorized in Section 49-42.    (f)   Administrative authority of director. The director has the authority to do any of the following to ensure compliance with this chapter:       (1)   Notice of violation. The director may serve a written notice of violation. This does not prevent the director from taking any action, including an emergency action or any other enforcement action, without first issuing a notice of violation.       (2)   Consent or administrative orders. The director may enter into consent orders, assurances of compliance, or other similar documents establishing an agreement with an industrial user responsible for noncompliance. The agreement must include specific action to be taken by the industrial user to correct the noncompliance within a time period specified in the agreement. The agreement has the same force and effect as the administrative orders issued pursuant to Section 49-43(e)(4) and is judicially enforceable.       (3)   Show cause hearing. The director may order an industrial user that has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit, or any other pretreatment standard or requirement, to appear before the director and show cause why the proposed enforcement action should not be taken. Notice must be served on the industrial user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the industrial user show cause why the proposed enforcement action should not be taken. A show cause hearing is not a bar against, or prerequisite for, taking any other action against the industrial user.       (4)   Compliance orders. When the director finds that an industrial user has violated, or continues to violate, any provision of this chapter or any other pretreatment standard or requirement, the director may issue an order to the industrial user responsible for the discharge directing that the industrial user come into compliance within a specified time. If the industrial user does not come into compliance within the time provided, wastewater service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Issuance of a compliance order is not a bar against, or a prerequisite for, taking any other action against the industrial user.       (5)   Cease and desist orders. When the director finds that an industrial user has violated, or continues to violate, any provision of this chapter or any other pretreatment standard or requirement, or that the industrial user’s past violations are likely to recur, the director may issue an order to the industrial user directing it to cease and desist all such violations and directing the industrial user to:          (A)   immediately comply with all requirements; and          (B)   take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and terminating the discharge. Issuance of a cease and desist order is not a bar against, or a prerequisite for, taking any other action against the industrial user.       (6)   Injunctive relief. When the director finds that an industrial user has violated, or continues to violate, any provision of this chapter, or any other pretreatment standard or requirement, the director may petition a court of competent jurisdiction through the city attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the individual wastewater discharge permit or other requirement imposed by this chapter on the activities of the industrial user. The director may also seek any other relief, including environmental remediation. A petition for injunctive relief is not a bar against, or a prerequisite for, taking any other action against an industrial user.    (g)   No waiver of other enforcement; remedies nonexclusive.       (1)   Action taken by the director under Subsection (e) or (f) does not prevent the use of other enforcement methods available to the city.       (2)   The remedies provided for in Subsections (e) and (f) are not exclusive. The director may take any combination of these actions against an industrial user.    (h)   Applicability of more stringent pretreatment standards.       (1)   National pretreatment standards. If the EPA adopts national pretreatment standards, categorical or otherwise, that are more stringent than the discharge limits prescribed in Subsections (a), (b), and (c) of this section, the more stringent national pretreatment standards will apply. A violation of the more stringent national pretreatment standards will be considered a violation of this article.       (2)   Combined wastestream formula. When wastewaters subject to a categorical pretreatment standard (regulated, unregulated, and diluted wastestreams) are mixed prior to effluent sampling, the director shall impose an alternative limit in accordance with Title 40, Code of Federal Regulations, Section 403.6, as amended.    (i)   Applicability of more stringent instantaneous discharge limits. An industrial user within the city who discharges industrial waste ultimately received and treated by a publicly-owned treatment works owned by a governmental entity pursuant to a wholesale wastewater contract or a reciprocal agreement with the city is subject to the following additional rules:       (1)   If the governmental entity has more stringent instantaneous maximum allowable discharge limits than those prescribed by this section, or by a discharge permit issued under Section 49-46, because the EPA or the TCEQ requires the more stringent instantaneous maximum allowable discharge limits as a part of the governmental entity’s wastewater pretreatment program, the more stringent discharge limits will prevail. The director shall furnish to all industrial users affected by this subsection a copy of the more stringent discharge limits in effect under the contract. If a permit is issued to an industrial user under this subsection, a copy of the more stringent discharge limits must be included with the permit.       (2)   The director shall issue a discharge permit in accordance with Section 49-46 to an industrial user affected by Paragraph (1) of this subsection, to ensure notice of and compliance with the more stringent instantaneous maximum allowable discharge limits. If the industrial user already has a discharge permit, the director shall amend the permit to apply and enforce the more stringent instantaneous maximum allowable discharge limits. An industrial user permitted under this subsection shall submit to the director an expected compliance date and an installation schedule if the more stringent instantaneous maximum allowable discharge limits necessitate technological or mechanical adjustments to discharge facilities or plant processes.       (3)   If the director receives notice from the governmental entity of a change to the instantaneous maximum allowable discharge limits or to other applicable requirements, the director shall notify the affected industrial user in writing of the change and of the effective date of the change, amend the permit to apply and enforce the change, and furnish a copy of the change with the amended permit. If the change results in more stringent instantaneous maximum allowable discharge limits or other applicable requirements, an industrial user shall be given a reasonable opportunity to comply with the more stringent limits or requirements.       (4)   The more stringent instantaneous maximum allowable discharge limits cease to apply upon termination of the city’s wholesale wastewater contract or reciprocal agreement with the governmental entity, or upon modification or elimination of the limits by the governmental entity, the EPA, or the TCEQ. The director shall take the appropriate action to notify the affected industrial user of an occurrence under this paragraph.    (j)   Variances in compliance dates. The director may grant a variance in compliance dates to an industrial user when, in the director’s opinion, such action is necessary to achieve pretreatment or corrective measures. In no case may the director grant a variance in compliance dates to an industrial user affected by national categorical pretreatment standards beyond the compliance dates established by the EPA.    (k)   Authority to regulate. The director may establish regulations, not in conflict with this chapter or other laws, to control the disposal and discharge of industrial waste into the wastewater system and to ensure compliance of the city’s pretreatment enforcement program with all applicable pretreatment regulations promulgated by the EPA. The regulations established must, where applicable, be made a part of any discharge permit issued to an industrial user by the director under Section 49-46. (Ord. Nos. 19201; 19622; 20215; 21409; 21862; 25214; 25256; 26925; 28084) SEC. 49-44.   WASTE DISPOSAL THROUGH VEHICLES, GREASE TRAPS/INTERCEPTORS, OR OTHER MEANS.    (a)   Illegal waste disposal. A person commits an offense if:       (1)   from a vehicle, portable tank, or other container used for transporting water, normal domestic wastewater, or industrial waste, the person discharges or causes the discharge of water, normal domestic wastewater, or industrial waste into the wastewater system or a private sewer facility directly or indirectly connected to the wastewater system;       (2)   by any means, the person discharges or causes the discharge of water, normal domestic wastewater, or industrial waste into a part of the wastewater system generally used for maintenance or monitoring, including but not limited to manholes, cleanouts, or sampling chambers; or       (3)   by means of a mechanical device or extraneous water, the person forces normal domestic wastewater or industrial waste collected in a grease trap/interceptor, sand trap/interceptor, or other waste collection device into the wastewater system or a private sewer facility directly or indirectly connected to the wastewater system.    (b)   Defense. It is a defense to prosecution under Subsection (a) if the discharge of water, normal domestic wastewater, or industrial waste into the wastewater system, or into a private sewer facility directly or indirectly connected to the wastewater system, is from a motor vehicle:       (1)   that is specially designed and adapted to treat water, normal domestic wastewater, or industrial waste to concentrations meeting the requirements of this article prior to discharge into the wastewater system; and       (2)   the operator of which has written permission from the director to operate the vehicle within the city. (Ord. Nos. 19201; 26925; 28084) SEC. 49-45.   RIGHT OF ENTRY OF FEDERAL, STATE, AND CITY EMPLOYEES.    The following officials, bearing proper credentials and identification, shall be permitted to gain access to properties as may be necessary for the purpose of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this article:       (1)   Authorized representatives of the EPA and TCEQ.       (2)   The director, the city environmental health officer, and other duly authorized employees of the city. (Ord. Nos. 19201; 26925; 28084) SEC. 49-46.   PERMITS REQUIRED FOR DISCHARGE OF INDUSTRIAL WASTE; APPLICATIONS; EXEMPTIONS.     (a)   Permit required. A significant industrial user commits an offense if he discharges, or allows the discharge of, industrial waste into the wastewater system without obtaining and maintaining a valid significant industrial user permit from the director.    (b)   Application procedures.       (1)   Application for a permit required under Subsection (a) must be made to the director upon a form provided for the purpose.       (2)   The application must contain:          (A)   a description of the activities, structures, equipment, and plant processes on the premises, including a list of all raw materials and chemicals used or stored at the facility that are, or could be, discharged into the wastewater system;          (B)   the site plans, floor plans, and mechanical and plumbing plans of the facility with sufficient detail to show all sewers, floor drains, and appurtenances by size, location, and elevation, and all points of discharge;          (C)   the number and type of employees and proposed or actual hours of operation of the facility;          (D)   a list of each product produced by type, the amount of the product produced, the process or processes used to produce the product, and the rate of production;          (E)   the type and amount of raw materials processed (average and maximum per day);          (F)   the time and duration of discharges;          (G)   a certification statement complying with the requirements of Section 49-51(m) and signed by a designated authorized representative of the applicant;          (H)   self-monitoring, sampling, reporting, notification, and record- keeping requirements, including an identification of the pollutants to be monitored, sampling location and frequency, and sample type, based on the applicable general pretreatment standards, categorical pretreatment standards, local limits, and the regulations of state law and this chapter;          (I)   best management practices if required by the pretreatment standards; and          (J)   any other information deemed necessary by the director to evaluate the wastewater discharge permit application.       (3)   The director may establish further regulations and procedures not in conflict with this chapter or other laws regarding the granting and enforcement of permits, including but not limited to administrative orders issued for the purpose of bringing a violator back into compliance with a permit.    (c)   Terms and conditions of permit, in general. The director shall prescribe such terms and conditions of the permit as are required and authorized by the EPA and TCEQ, as necessary to ensure full compliance with this article and all national pretreatment standards and regulations. In addition, the permit must incorporate all applicable national pretreatment standards and all other pretreatment regulations promulgated by the EPA and TCEQ applicable to significant industrial users. A person commits an offense if the person violates or allows a violation of any term or condition of a permit issued under this section. The director may enforce the terms and conditions of the permit as authorized under this chapter.    (d)   Limitation on permit term. The term of a permit may never be longer than five years.    (e)   Permit renewal. An industrial user wishing to renew a permit must file a complete application with the director at least 60 days prior to the expiration of the industrial user’s existing permit. Failure to submit a complete application with the director at least 60 days prior to expiration of the existing permit may subject the industrial user to enforcement actions.    (f)   Issuance of permits. The director shall issue a permit under Subsection (a) if:       (1)   the director determines that pretreatment facilities are adequate for efficient treatment of discharged waste and comply with the waste concentration level requirement of Section 49-43 or with national pretreatment standards, whichever is applicable;       (2)   the applicant has submitted:          (A)   an expected compliance date;          (B)   an installation schedule of approved pretreatment devices; and          (C)   a self-monitoring program prepared in accordance with all applicable federal pretreatment regulations promulgated by the EPA; or       (3)   the applicant is not discharging wastewater in violation of Section 49-43.    (g)   Nontransferability. A permit granted under this section is not transferable or assignable.    (h)   Changes in authorized representative designation. If the designation of an authorized representative is no longer accurate because a different individual or position has responsibility for the overall operation of the facility or overall responsibility for environmental matters for the company, a new written authorization satisfying the requirements of this section must be submitted to the director prior to, or together with, any reports to be signed by an authorized representative.    (i)   Defense to enforcement actions. It is a defense to prosecution or to civil court action brought under this article for a violation of pretreatment standards that the person held a valid permit issued under this section and the person discharged industrial waste in violation of national categorical pretreatment standards as the result of any of the following:       (1)   Any act of God, war, strike, riot, or other catastrophe.          (A)   The act of God defense constitutes a statutory affirmative defense contained in Section 7.251 of the Texas Water Code in an action brought in municipal or state court. If a person can establish that an event that would otherwise be a violation of this article, or a permit issued pursuant to this article, was caused solely by an act of God, war, strike, riot, or other catastrophe, the event is not a violation of this article or the permit.          (B)   An industrial user who wishes to establish the act of God affirmative defense must:             (i)   demonstrate through relevant evidence that the sole cause of the violation was an act of God, war, strike, riot, or other catastrophe; and             (ii)   submit the following information to the city within 24 hours of becoming aware of the violation (if this information is provided orally, a written submission must be provided to the director within five days):                (aa)   A description of the event, and the nature and cause of the event.                (bb)   The time period of the violation, including exact dates and times or, if still continuing, the anticipated time the violation is expected to continue.                (cc)   The steps being taken or planned to reduce, eliminate and prevent recurrence of the violation.          (C)   The industrial user seeking to establish the act of God affirmative defense has the burden of proving by a preponderance of the evidence that the violation of this article, or a permit issued pursuant to this article, was caused solely by an act of God, war, strike, riot or other catastrophe.       (2)   A bypass authorized by the director in accordance with Title 40, Code of Federal Regulations, Section 403.17(c), as amended.       (3)   An upset authorized by the director in accordance with Title 40, Code of Federal Regulations, Section 403.16(c), as amended. (Ord. Nos. 19201; 21409; 21862; 25256; 26925; 28084) SEC. 49-47.   DENIAL, SUSPENSION, OR REVOCATION OF PERMITS; AMENDING PERMITS.    (a)   Grounds for denial, suspension, or revocation. The director may deny a permit required by Section 49-46(a) if the director determines that an applicant is not qualified under Section 49-46(f). The director may suspend or revoke a permit if the director determines that a permittee:       (1)   is not qualified under Section 49-46(f);       (2)   has violated a provision of this article, the permit, or any administrative order;       (3)   has failed to pay a fee required by this chapter;       (4)   has failed to comply with applicable federal pretreatment standards and requirements;       (5)   has failed to comply with the compliance schedule submitted pursuant to Section 49-46(f)(2);       (6)   has failed to comply with procedures for developing, maintaining, or delivering manifest records required to be developed, maintained, or delivered pursuant to this article, Chapter 19, Article X of this code, or state or federal laws or regulations for the transfer, transportation, or disposal of industrial waste; or       (7)   has falsified or improperly altered manifest records required to be developed, maintained, or delivered pursuant to this article, Chapter 19, Article X of this code, or state or federal laws or regulations for the transfer, transportation, or disposal of industrial waste.    (b)   Reinstatement. After suspension under this section, a permittee may file a request for reinstatement of the permit. The director shall reinstate the permit if the director determines that:       (1)   the permittee is again qualified under Section 49-46(f);       (2)   all violations of this article and applicable federal pretreatment standards and requirements have been corrected;       (3)   precautions have been taken by the permittee to prevent future violations; and       (4)   all fees required by this chapter have been paid.    (c)   New permit after revocation. If the director revokes a permit, the permittee may not apply for or be issued a new permit for the same facility earlier than 180 days after the date of revocation of the old permit, except that, if, subsequent to the revocation, the director determines that all of the conditions prescribed in Section 49-46(c) and (f) and Section 49-47(b) are completely satisfied, the permittee may apply for and the director may issue a new permit before the 180-day period expires.    (d)   Discharge without permit. A permittee whose permit is suspended or revoked shall not discharge industrial waste into the wastewater system.    (e)   Amending a permit. The director may amend a permit with additional requirements to ensure compliance with applicable laws and regulations. (Ord. Nos. 19201; 21409; 26925; 28084) SEC. 49-48.   PRETREATMENT AND DISPOSAL.    (a)   Operation and maintenance of pretreatment facilities. When pretreatment of industrial waste is required by the director as a condition for acceptance of the waste into the wastewater system, the owner of the premises from which the waste is discharged must operate and maintain treatment facilities in a manner capable of complying with applicable discharge standards.    (b)   Best management practices. The director may require a person discharging to the wastewater system to adopt and implement best management, source reduction, and pollution practices if necessary to protect the wastewater system.    (c)   Septage and chemical toilet waste.       (1)   No transported septage or chemical toilet waste may be discharged into the wastewater system except at such locations and at such times as are established by the director.       (2)   The director may collect samples of each transported load to ensure compliance with applicable standards. The director may also require the transporter to provide a waste analysis of any load prior to discharge.       (3)    Article X of Chapter 19 of this code provides additional regulations for the production, transportation, and disposal of liquid waste.    (d)   Disposal of trucked industrial solid waste.       (1)   In order to ensure that trucked industrial solid waste is not being discharged into the wastewater system, the director may require an industrial user who generates such waste to report the type and amount of the waste, and the location and manner of its disposal as specified in Section 49-51(i).       (2)   An industrial user commits an offense if the user fails to provide the reports requested by the director pursuant to Subsection (d)(1) of this section.    (e)   Dilution. No owner, operator, or permittee of premises shall ever increase the use of process water, or in any way attempt to dilute a discharge, unless expressly authorized by an applicable pretreatment standard or requirement. The director may impose mass limitations on industrial users who are using dilution to meet applicable pretreatment standards or requirements.    (f)   Upset. For the purposes of this section, upset occurs when there is an unintentional and temporary noncompliance with categorical pretreatment standards due to factors beyond the reasonable control of the industrial user. An example of this is the inability to use the treatment equipment due to power failure. When upset occurs, an industrial user must first control production of all discharges to the extent necessary to limit noncompliance, and regain compliance, with categorical pretreatment standards. Secondly, the industrial user must file a report of the upset pursuant to the requirements of this section.    (g)   Bypass.       (1)   Bypasses that do not violate pretreatment standards. An industrial user may allow any bypass to occur that does not cause pretreatment standards or requirements to be violated, but only if it is for essential maintenance to ensure efficient operation. These bypasses are not subject to the provisions of Subsection (g)(2) of this section.       (2)   Bypasses that violate pretreatment standards.          (A)   If the need for a bypass is known in advance, the industrial user shall provide notice to the director 10 days prior to the bypass. In the event of an unanticipated bypass, oral notice must be provided to the director within 24 hours after the industrial user becomes aware of the bypass. In addition to the oral notice, written notice must be provided to the director within five days after the bypass, unless waived by the director. The written notice must contain the following:             (i)   A description of the bypass and its cause.             (ii)   The duration of the bypass, including exact dates and times.             (iii)   If the bypass has not been corrected, the anticipated time it is expected to continue.             (iv)   Steps taken or planned to reduce, eliminate, and prevent recurrence of the bypass.          (B)   The director may take an enforcement action against an industrial user for a bypass that violates pretreatment standards, unless all of the following apply:             (i)   The bypass was necessary in order to prevent loss of life, personal injury, or severe property damage.             (ii)   There was no feasible alternative to the bypass. The director shall find that a feasible alternative existed if, in the exercise of reasonable engineering judgment, adequate back-up equipment should have been installed to prevent the bypass.             (iii)   The industrial user submitted notices as required under Paragraph (2)(A) of this subsection.          (C)   The director may approve an anticipated bypass, after considering its adverse effects, if the director finds that all three conditions listed in Paragraph (2)(B) of this subsection have been satisfied. (Ord. Nos. 19201; 19622; 20215; 20335; 22927; 26925; 27698; 28084) SEC. 49-49.   INDUSTRIAL SURCHARGE FOR EXCESSIVE CONCENTRATIONS; SAMPLING FEES.    (a)   Excessive BOD/TSS concentrations. A person discharging into the wastewater system industrial waste that exhibits none of the characteristics of wastewater prohibited in Section 49-43(b), but that has a concentration for a duration of 15 minutes that is greater than four times that of normal wastewater as measured by total suspended solids, BOD, or both or a concentration during a 24 hour period average of total suspended solids, BOD, or both in excess of normal wastewater, shall pretreat the industrial waste to meet the concentrations of normal wastewater; except, that the industrial waste may be accepted in the wastewater system for treatment by the city if all the following requirements are met:       (1)   The industrial waste will not cause damage to the wastewater system.       (2)   The industrial waste will not impair the city’s treatment processes.       (3)   The BOD or total suspended solids concentration of industrial waste discharged does not cause the average BOD or total suspended solids of wastewater received at the wastewater treatment plant to increase above 250 mg/ L.       (4)   The person discharging the industrial waste pays an industrial surcharge in addition to the regular water and sewer rates, in accordance with the formula prescribed in Section 49-18.12(a)(1) or in accordance with Section 49-50.    (b)   Sampling fees for determining compliance. A person determined to be discharging industrial waste must compensate the city for the cost of sampling and laboratory service expense required for monitoring the discharges for compliance with this article and applicable standards of the EPA. The director shall determine the number of samples and the frequency of sampling necessary to maintain surveillance of the discharges, provided that at least two sampling events will be conducted each calendar year.    (c)   Sampling fees for industrial surcharge. A person discharging concentrations of BOD or total suspended solids in excess of 250 mg/L shall compensate the city for the cost of sample collections and laboratory service necessary when an industrial surcharge rate is established each year. This subsection does not apply to a waste management operator, or to a discharger who is billed under Section 49-50. (Ord. Nos. 19201; 21430; 21409; 26925; 28084) SEC. 49-50.   ESTIMATED INDUSTRIAL SURCHARGE FOR CLASS GROUP.    (a)   Classes established. The director shall classify commercial and industrial establishments that routinely discharge BOD and total suspended solids concentrations exceeding 250 mg/L into the following class groups:   CLASS DESCRIPTION (1) EATING PLACES: Includes restaurants and other establishments that engage in preparation of food and beverage served directly to the consumer. EQUIPMENT SERVICE FACILITIES: Includes establishments that perform (2) washing, cleaning, or servicing of automobiles, trucks, buses, machinery, or equipment and includes public facilities, facilities limited to specific companies, and attended and coin-operated establishments. FOOD AND KINDRED PRODUCTS PROCESSING: Includes commercial establishments that engage in the preparation, packaging, processing, or distribution of (3) food, food products, grains, or produce, other than those included in Class (1) and that discharge less than 200,000 gallons of wastewater per month. DRINKING PLACES: Includes bars, lounges, clubs, and other establishments (4) that do not engage in any food preparation but that engage in the sale of beer, wine, liquor, or any other beverage served directly to the consumer.      (b)   Assessment of surcharge class rate. The director shall assess an industrial surcharge rate for each class group based on industrial waste strength determinations established by averaging grab or composite samples, or both, taken from a representative number of establishments in each group and shall apply this rate to the water consumption or metered wastewater of the establishment. If the establishment is within a larger facility for which water usage is determined from a master meter, the director shall determine an estimated volume for the establishment to which the surcharge rate is applied. The director shall then add the appropriate industrial surcharge to billings for regular water and wastewater service for each establishment classified into a class group.    (c)   Exceptions to surcharge class rate. If an establishment contains operations from more than one of the class groups, and the director determines that the surcharge rate for a particular class group would not adequately compensate the city for its cost of treatment, the director may:       (1)   assess a surcharge rate based on a proportional average of the class group rates involved; or       (2)   require the establishment to be billed for an industrial surcharge computed under the requirements of Section 49-18.12(1)(A) or (B), whichever applies.    (d)   Election of standard surcharges. The owner or agent of the owner of an establishment classified into a class group may elect to have the industrial surcharge billed directly under Section 49-18.12(1)(A) or (B), whichever applies, rather than under this section by making application to the director and paying the required sampling costs.    (e)   Authority to revise rates. The director may, from time to time, revise class group surcharge rates based on analysis of current samples. (Ord. Nos. 19201; 21061; 21430; 26925; 28084) SEC 49-51.   REPORTING REQUIREMENTS.    (a)   Baseline monitoring reporting.       (1)   Deadlines for submission of reports.          (A)   Existing categorical users. Within either 180 days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under Title 40, Code of Federal Regulations, Section 403.6(a)(4), as amended, whichever is later, existing categorical users currently discharging to or scheduled to discharge to the wastewater system shall submit to the director a report that contains the information listed in Subsection (a)(2) of this section.          (B)   New sources and new categorical users. Ninety days prior to commencement of discharge, new sources and sources that become categorical users subsequent to the promulgation of an applicable categorical standard shall submit a report containing the information listed in Subsection (a)(2) to the director. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. In addition to the information required in Subsection (a)(2), a new source shall also provide:             (i)   the method of pretreatment it intends to use to meet applicable categorical standards; and             (ii)   estimates of its anticipated flow and quantity of pollutants to be discharged.       (2)   Required information in report. The following must be provided in the report required in Subsection (a)(1):          (A)   Identifying information. The name and address of the facility, including the name of the operator and owner.          (B)   Environmental permits. A list of any environmental control permits held by or for the facility.          (C)   Description of operations. A brief description of the nature, average rate of production, and standard industrial classifications of the operations carried out by the industrial user. The description should include a schematic diagram indicating points of discharge to the wastewater system from the regulated processes.          (D)   Flow measurement. Information showing the measured average and maximum daily flows (in gallons per day) to the wastewater system from regulated process streams and other streams, if necessary, to allow use of the combined wastestream formula set out in Title 40, Code of Federal Regulations, Section 403.6(e), as amended.          (E)   Measurement of pollutants.             (i)   The categorical pretreatment standards applicable to each regulated process.             (ii)   The results of sampling and analysis identifying the nature and concentration (and mass, where required by the standard or by the director) of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum, and long-term average concentrations (and mass, where required) must be reported. The sample must be representative of daily operations and analyzed in accordance with procedures set out in Subsection (j).             (iii)   Sampling must be performed in accordance with the procedures set out in Subsection (k).          (F)   Certification statement. A statement, reviewed by the industrial user’s authorized representative and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, or, if not, whether additional operation and maintenance or additional pretreatment is required to meet the pretreatment standards and requirements.          (G)   Compliance schedule. If additional pretreatment or operation and maintenance is required to meet the pretreatment standards, the shortest schedule by which the industrial user will provide the pretreatment or operation and maintenance. No completion date in this schedule may be later than the compliance date established for the applicable pretreatment standard. The compliance schedule must meet the requirements of Subsection (b).          (H)   Signature and certification. All baseline monitoring reports must be signed and certified in accordance with Subsection (m).    (b)   Compliance schedule progress reports.       (1)   The initial report must contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required of the industrial user to meet the applicable pretreatment standards (examples of a major event include, but are not limited to, the hiring of an engineer, the completion of preliminary and final plans, the execution of contracts for major components, and the commencement and completion of construction). No progress increment may exceed nine months.       (2)   The industrial user shall submit a report to the director no later than 14 days following each scheduled progress increment date. The report must include, at a minimum, whether or not the industrial user complied with the increment of progress, the reason for delay, if any, and, if appropriate, the steps being taken by the user to return to the established schedule. In no event may more than nine months elapse between submission of a progress report to the director.    (c)   Reports on compliance with categorical pretreatment standard deadline.       (1)   All industrial users with pollutant data results shall submit to the director a report containing the information described in Subsections (a) (2)(E) through (H).       (2)   If an industrial user is subject to equivalent mass or concentration limits established in accordance with the procedures in Title 40, Code of Federal Regulations, Section 403.6(c), as amended, the report must also contain a reasonable measure of the industrial user’s long-term production rate.       (3)   For all other industrial users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit, the report must include the industrial user’s actual production during the appropriate sampling period.       (4)   All compliance reports must be signed and certified in accordance with Subsection (m) and submitted within 90 days after being permitted by the city.    (d)   Periodic compliance reports.       (1)   All significant industrial users shall, at a frequency determined by the director but in no event less than twice a year (once in July covering the six- month period between January 1 through June 30, and once in January covering the six-month period between July 1 through December 31), submit a report containing at a minimum:          (A)   the nature and concentration of pollutants in the discharge limited by pretreatment standards;          (B)   the measured or estimated average and maximum daily flows for the reporting period; and          (C)   contributing information necessary to account for water usage, materials recovery, or disposal practices.       (2)   All periodic compliance reports must be signed and certified in accordance with Subsection (m).       (3)   All wastewater samples must be representative of the industrial user’s discharge. Wastewater monitoring and flow measurement facilities must be properly operated, kept clean, and maintained in good working order at all times. Failure of an industrial user to keep its monitoring equipment in good working order negates any grounds for the industrial user’s potential claim that sample results are unrepresentative of its discharge.       (4)   If an industrial user subject to the reporting requirement in this section monitors any pollutant using the procedures prescribed in Subsections (j) and (k), the results of the monitoring must be included in the report.    (e)   Notification of changed conditions.       (1)   At least 90 days before any planned significant change to an industrial user’s operations or system that might alter the nature, quality, or volume of its wastewater, the industrial user shall notify the director of the change.       (2)   The director may require the industrial user to submit all information deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under Section 49-46(a). The director shall evaluate whether the industrial user needs a plan or other action to control accidental discharges.       (3)   The director may issue a wastewater discharge permit or modify an existing wastewater discharge permit in response to changed or anticipated changed conditions.       (4)   For purposes of this requirement, significant changes include, but are not limited to, flow increases or decreases of 20 percent or greater, the discharge of any previously unreported pollutants, and the deletion of any pollutant regulated by this article or a permit issued pursuant to this article.    (f)   Reports of accidental (Slug) discharges.       (1)   In the case of any discharge (including an upset, an accidental discharge, a discharge of a non- routine, episodic nature, a non-routine batch discharge, or a slug load) that may cause potential problems for the wastewater system, the industrial user shall immediately telephone and notify the director of the incident. This notification must include the location of the discharge, the type of waste, the concentration and volume, and corrective actions taken by the industrial user.       (2)   Within five days following the discharge, the industrial user shall, unless waived by the director, submit to the director a detailed written report that provides:          (A)   a description and cause of the discharge, including location, type, and concentration of the discharge and the volume of water;          (B)   the duration of noncompliance, including the exact dates and times of noncompliance and, if the noncompliance is continuing, an immediate response to cause the noncompliant discharge to cease; and          (C)   all steps taken or to be taken to reduce, eliminate, and prevent continuation or recurrence of an upset, slug load, or accidental discharge, spill, or other condition of noncompliance.       (3)   The notification does not relieve the industrial user of any expense, loss, damage, or other liability that may be incurred as a result of damage to the wastewater system or to natural resources, or any other damage to persons or property, nor does the notification relieve the industrial user of any fines, penalties, or other liability that may be imposed pursuant to this chapter.       (4)   A notice must be permanently posted on the industrial user’s bulletin board or in another prominent location advising employees whom to call in the event of a discharge. An industrial user shall ensure that all employees, who may cause such a discharge to occur, are advised of the emergency notification procedure.       (5)   The director shall evaluate whether the industrial user needs a plan or other action to control possible future accidental discharges.    (g)   Reports from non-permitted users. Industrial users not required to obtain a wastewater discharge permit must still provide appropriate reports to the director when required by the director.    (h)   Submission of self-monitoring reports and violations based on self- monitoring. The industrial user shall submit all notices and self-monitoring reports necessary to assess and assure compliance with pretreatment standards and requirements, including but not limited to, the reports required in Title 40, Code of Federal Regulations, Section 403.12, as amended. If an industrial user’s monitoring and wastewater analysis indicates that a violation has occurred, the industrial user shall do all of the following:       (1)   Notify the director within 24 hours after becoming aware of the violation.       (2)   Repeat the sampling and submit to the director a written report of the results of the second analysis within 30 days after becoming aware of the violation. If the city has performed the sampling and analysis in lieu of the industrial user, the city must perform the repeat sampling and analysis unless it notifies the industrial user of the violation and requires the industrial user to perform the repeat analysis.    (i)   Notification of the discharge of hazardous waste.       (1)   Notification process in general.          (A)   Pursuant to Title 40, Code of Federal Regulations, Section 403.12(p), as amended, any industrial user that commences the discharge of a hazardous waste listed in Title 40, Code of Federal Regulations, Part 261, as amended, shall notify the director, the EPA Region VI Waste Management Division Director, and the TCEQ, in writing, of the discharge.          (B)   The notification must include the name of the hazardous waste as set forth in Title 40, Code of Federal Regulations, Part 261, as amended, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other).          (C)   If the industrial user discharges more than 100 kilograms of hazardous waste in a calendar month to the wastewater system, the notification must also contain the following information to the extent the information is known and readily available to the industrial user:             (i)   An identification of the hazardous constituents contained in the wastes.             (ii)   An estimation of the mass and concentration of the constituents in the wastestream discharged during that calendar month.             (iii)   An estimation of the mass of constituents in the wastestream expected to be discharged during the following 12 months.          (D)   All notifications must be sent within 180 days after the discharge commences. Only one notification is required for each hazardous waste discharged. Notification of changed conditions, however, must be submitted pursuant to Subsection (e). The notification requirement in this subsection does not apply to pollutants already reported by industrial users subject to categorical pretreatment standards under the self-monitoring requirements of Sections 49-51(h) and 49-55.3.       (2)   Certain discharges exempt. A discharger is exempt from the requirements of Subsection (i)(1) during a calendar month in which it discharges no more than 15 kilograms of non-acute hazardous waste. Discharge of more than 15 kilograms of non-acute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in Title 40, Code of Federal Regulations, Sections 261.30(d) and 261.33(e), as amended, requires a one-time notification. No additional notification is required for the subsequent discharge of a hazardous waste in excess of the quantities permitted.       (3)   Listing of new hazardous waste. In the case of any new regulation under Section 3001 of the Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.) identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the industrial user shall notify the director, the EPA Region VI Waste Management Division Director, and the TCEQ of the discharge of such substance within 90 days after the effective date of the regulation.       (4)   Certification required. In the case of any notification made under this section, the industrial user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.       (5)   No right to discharge created. This subsection does not create a right to discharge any substance not otherwise permitted to be discharged by this chapter, a permit issued under this chapter, or any applicable federal or state law.    (j)   Analytical requirements. All pollutant analyses (including sampling techniques) to be submitted as part of a wastewater discharge permit application or report must be performed in accordance with the techniques prescribed in Title 40, Code of Federal Regulations, Part 136, as amended, unless otherwise specified in an applicable categorical pretreatment standard. If Title 40, Code of Federal Regulations, Part 136, as amended, does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by the EPA or TCEQ.    (k)   Sample collection.       (1)   Except as indicated in Subsection (k)(2), the industrial user shall collect wastewater samples using flow proportional composite collection techniques. If flow proportional sampling is not feasible, the director may authorize the use of time proportional sampling or a minimum of four grab samples if the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits.       (2)   Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques.    (l)   Date reports deemed received. Written reports are deemed to have been submitted on the date postmarked. For reports that are not mailed, postage prepaid, into a mail receptacle serviced by the United States Postal Service, the date the report is received governs.    (m)   Certification and signatory requirements.       (1)   The following must be certified to and signed by the authorized representative:          (A)   All permit applications.          (B)   Baseline monitoring reports.          (C)   Reports on compliance with categorical pretreatment standard deadlines.          (D)   Periodic compliance reports.          (E)   Any report specifically required by the director.       (2)   The following statement must be used to certify the applications and reports listed in Subsection (m)(1): I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.    (n)   Best management practice documentation. If the pretreatment standards require compliance with best management practices or a pollution prevention alternative, the industrial user shall submit documentation to the director demonstrating compliance with these requirements. (Ord. 28084) SEC. 49-52.   RECORDKEEPING.    (a)   An industrial user subject to the reporting requirements of this article shall retain (and make available for inspection and copying) all information obtained pursuant to monitoring activities required by this article and any additional information obtained through monitoring activities undertaken by the industrial user, independent of such requirements. Records documenting best management practices are specifically included in this recordkeeping requirement and must be maintained in accordance with this section.    (b)   Records must include the following information:       (1)   The date, exact place, method, and time of sampling.       (2)   The name of each person who took the samples.       (3)   The dates the analysis was performed.       (4)   The name of each person who performed the analysis.       (5)   The analytical technique or method used.       (6)   The results of the analysis.    (c)   These records must be retained and made available by an industrial user for a period of at least three years. This period will automatically be extended for the duration of any litigation concerning the industrial user or the city, or where the industrial user has been specifically notified of a longer retention period by the director.    (d)   Any record submitted pursuant to Subsections (a) and (b) must be retained by the city for a period of at least three years. This period will automatically be extended for the duration of any litigation concerning the industrial user or the city, or where the city has notified the industrial user of a longer retention period. In addition, the city shall make all reports available for inspection and copying by the public. (Ord. 28084) SEC. 49-53.   PUBLICATION OF INDUSTRIAL USERS IN SIGNIFICANT NONCOMPLIANCE.    The director shall annually publish, in the largest daily newspaper published in the city, a list of the industrial users who, during the previous 12 months, were in significant noncompliance with applicable pretreatment standards and requirements. (Ord. 28084) SEC. 49-54.   REGULATION OF WASTES FROM OTHER JURISDICTIONS.    (a)   Prior to contributing wastewater in the wastewater system, a municipality must enter into an interlocal agreement with the city.    (b)   The director may request the following information from the contributing municipality:       (1)   A description of the quality and volume of wastewater to be discharged to the wastewater system by the contributing municipality.       (2)   An inventory of all industrial users located within the contributing municipality that will be discharging to the wastewater system.       (3)   Any other information deemed necessary by the director. (Ord. 28084) SEC. 49-55.   EXTRAJURISDICTIONAL USERS.    (a)   An extrajurisdictional user shall apply for a permit in accordance with this article as specified in Section 49-46(a) and (b) prior to discharging to the wastewater system.    (b)   This section does not apply to extrajurisdictional users in jurisdictions that have an agreement with the city pursuant to Section 49-54.    (c)   A wastewater discharge permit issued to an extrajurisdictional user must be in the form of a contract and include, at a minimum, the components found in Title 40, Code of Federal Regulations, Section 403.8(f)(1)(iii), as amended, and be approved by the city council. An extrajurisdictional user must agree to follow and be bound by the requirements of this article. (Ord. 28084) SEC. 49-55.1.   INSPECTION CHAMBERS.    (a)   Chambers required. A person who discharges industrial waste into the wastewater system must provide, at his own expense, an inspection manhole or chamber in an accessible location on the premises from which the waste is discharged.    (b)   Special requirements. An inspection manhole or chamber must be:       (1)   near the outlet of each building lateral, sewer, drain, pipe, or channel that connects with the wastewater system;       (2)   designed and constructed to prevent infiltration by ground and surface water; and       (3)   maintained so that a person may easily and safely measure the volume and obtain samples of the flow.    (c)   Construction plans required. Before beginning construction of an inspection manhole or chamber, a person must submit plans to the director for review and approval to insure compliance with this section. Plans must include the wastewater metering device if one is to be installed. (Ord. Nos. 19201; 26925; 28084) SEC. 49-55.2.   MEASUREMENT OF WASTE VOLUME.    (a)   Metering devices. If a person who discharges industrial waste into the wastewater system installs and maintains in proper working condition a wastewater metering device of a type approved by the director, the actual wastewater flow from the premises will be the basis for computing charges for services.    (b)   Measurements without a meter. On premises where water is obtained exclusively from the water system and no wastewater metering device is installed, the director shall compute the wastewater flow, for purposes of determining service charges, based on the water consumption during the previous month.    (c)   Wastewater from private sources. On premises where all or part of the water is obtained from a source other than the water system and no wastewater metering device is installed, the owner shall provide and maintain a metering device, of a type approved by the director, to measure sources of private water.    (d)   Estimated usage. If an activity on premises consumes water by evaporation, includes water in a product, or discharges water into a storm sewer, the owner may make application to the director for reduction in the volume of wastewater estimated to be discharged from the premises. The application must contain supporting data, including but not limited to a flow diagram showing the route and destination of the water supply and wastewater. (Ord. Nos. 19201; 26925; 28084) SEC. 49-55.3.   INSPECTION AND SAMPLING.    (a)   Inspection and sampling. The director shall inspect and sample each significant industrial user at least once each year. The director may, however, inspect and sample a significant industrial user more frequently. The inspection, surveillance, and monitoring must be independent of information received from the self-monitoring reports program. If a significant industrial user requires additional samples, the director may require the user to pay the cost of the additional service.    (b)   Sample collection and analysis. Samples must be collected and analyzed in accordance with Sections 49-51(j) and (k). A sample may be taken manually or by use of mechanical equipment.    (c)   Submission of monitoring data. All significant industrial users shall submit all monitoring data of regulated pollutants that has been collected at the appropriate sampling location, in accordance with Section 49-51.    (d)   Accidental discharge/slug control plans. Within one year after an industrial user is designated as a significant industrial user, the director shall evaluate and determine whether the significant industrial user needs to develop, submit, and implement an accidental discharge/slug control plan. The director may also require any industrial user to develop, submit, and implement such a plan. Alternatively, the director may develop the plan for any industrial user. An accidental discharge/slug control plan must address, at a minimum, the following:       (1)   A description of discharge practices, including non-routine batch discharges.       (2)   A description of stored chemicals.       (3)   Procedures for immediately notifying the director of any accidental or slug discharge, as required by Section 49-51(i).       (4)   Procedures to prevent adverse impact from any accidental or slug discharge. The procedures may include, but are not limited to, the inspection and maintenance of storage areas, the handling and transfer of materials, the loading and unloading operations, the control of plant site runoff, worker training, the building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents), and measures and equipment needed in the event of emergency response.    (e)   Self-monitoring program. The director may, to the extent permitted by the EPA, delegate self- monitoring and reporting responsibilities to specific industrial waste discharge permittees, based upon the compliance history of a permittee and the volume and character of the waste discharge. Self-monitoring data from an industrial user must be submitted with accompanied chain-of- custody forms.    (f)   Waiver of pollutant sampling.       (1)   The city may authorize an industrial user subject to a categorical pretreatment standard to forego sampling of a pollutant regulated by a categorical pretreatment standard if the industrial user has demonstrated, through sampling and other technical factors, that the pollutant is neither present nor expected to be present in the discharge, or, if present, is only present at background levels from intake water, without any increase in the pollutant due to activities of the industrial user.       (2)   The authorization is subject to the following conditions:          (A)   The pollutant is determined to be present solely due to sanitary wastewater discharged from the facility, provided that the sanitary wastewater:             (i)   is not regulated by an applicable categorical standard; and             (ii)   includes no process wastewater.          (B)   The waiver is valid only for the duration of the effective period of the individual wastewater discharge permit, but in no case longer than five years. The industrial user must submit a new request for a waiver when a subsequent individual wastewater discharge permit is granted.          (C)   The industrial user must provide data from at least one sampling of the facility’s process wastewater prior to any treatment present at the facility. The process wastewater sample must be representative of wastewater from all processes.          (D)   The request for a waiver must be signed in accordance with Section 49-1(5) and include the certification statement in Section 49-51(m).          (E)   Non-detectable sample results may be used as a demonstration that a pollutant is not present if the EPA-approved method from Title 40, Code of Federal Regulations, Part 136, as amended, with the lowest minimum detection level for that pollutant was used in the analysis.          (F)   Any waiver by the director must be included as a condition in the industrial user’s permit. The reasons supporting the waiver and any information submitted by the industrial user in its request for the waiver must be maintained by the director for a period of three years after the expiration of the waiver.          (G)   The industrial user must certify that there has been no increase of the pollutant in its wastestream due to its activities. The certification must appear on all future reports, along with the statement in Section 49-51(m).          (H)   If a waived pollutant is found to be present or is expected to be present because of changes occurring in the industrial user’s operations, the industrial user must immediately:             (i)   comply with the sampling requirements of Section 49-55.3(a) or other more frequent sampling requirements imposed by the director; and             (ii)   notify the director.       (3)   This subsection does not supersede certification processes and requirements established in categorical pretreatment standards, except as otherwise provided in the categorical pretreatment standards. (Ord. Nos. 19201; 20215; 21409; 26925; 28084) SEC. 49-55.4.   CONFIDENTIALITY.    (a)   Confidential information. An industrial user who asserts the trade secret exception to disclosure under Chapter 552 of the Texas Government Code (the Public Information Act) and Title 40, Code of Federal Regulations, Part 2, as amended, must clearly mark or stamp the words "confidential business information” on each page that contains proprietary information at the time the information is submitted to the city. If no claim is made at the time of submission, the city shall make the information available to the public without further notice. If a claim is asserted, the information will be treated in accordance with the procedures in Title 40, Code of Federal Regulations, Part 2, as amended.    (b)   Effluent data. Information and data provided to the city under Subsection (a) of this section that is effluent data will be available to the public without restriction.    (c)   All other information. All other information submitted to the city is available to the public in accordance with state and federal law. (Ord. 28084) SEC. 49-55.5.   WASTE MANAGEMENT OPERATORS.    (a)   General requirements. A person who is a waste management operator and discharges industrial waste into the wastewater system must:       (1)   discharge only at points in the wastewater system designated by the director;       (2)   install and maintain an accurate wastewater metering device, or provide for accurate flow estimates in a manner as required by the director;       (3)   compensate the city for the full cost of all sample collection and laboratory analyses for the purpose of monitoring and maintaining control of the discharge of industrial waste into the wastewater system, or implement a self-monitoring and reporting program approved by the director;       (4)   maintain accurate records, available to the director upon request, showing:          (A)   the volume of industrial waste discharged;          (B)   the dates of receipt and disposal of industrial waste;          (C)   the type of waste discharged; and          (D)   the names and addresses of producers and haulers of all waste being processed; and       (5)   comply with all applicable federal, state, and local laws and regulations. (Ord. Nos. 19201; 20215; 21409; 26925; 28084) SEC. 49-55.6.   POLLUTION OF WATER IN RESERVOIRS.    (a)   Activities constituting offense. A person commits an offense if he conducts any of the following activities in a city reservoir:       (1)   Bathing.       (2)   Throwing, depositing, or discharging urine, excrement, trash, garbage, toxic or otherwise hazardous substances, or other pollutants.       (3)   Causing some other nuisance upon or in the city reservoir. (Ord. Nos. 19201; 26925; 28084) SEC. 49-55.7.   DEPOSIT OR DISCHARGE OF CERTAIN MATERIAL INTO WASTEWATER SYSTEM OR STORM-SEWER.    (a)   Illegal discharges. A person commits an offense if he:       (1)   deposits garbage, dead animals, trash, articles, or other substances tending to obstruct the flow of wastewater, into a manhole, cleanout, or other opening;       (2)   discharges industrial waste into a storm sewer or storm drain;       (3)   discharges normal domestic wastewater into a storm sewer or storm drain; or       (4)   discharges storm water collected from a storm sewer or storm drain into the wastewater system.    (b)   Gutter connections. A person commits an offense if he connects a private gutter, rainwater conductor, privy, or cistern to a part of the wastewater system. (Ord. Nos. 19201; 26925; 28084) ARTICLE V. DEVELOPMENT AND SYSTEM EXTENSIONS. SEC. 49-56.   AUTHORITY TO MAKE CAPITAL IMPROVEMENTS; SPECIAL ASSESSMENTS; LOT AND ACREAGE FEES.    (a)   Authority. The director is authorized to:       (1)   extend water and wastewater mains to permit connections to persons seeking service;       (2)   replace water and wastewater mains which are substandard in size or condition; and       (3)   make rules and regulations, not in conflict with this article or other laws, regarding the extension of mains by or for developers to serve newly created or redeveloped subdivisions or resubdivisions.    (b)   Special assessments. The cost of extension of a water or wastewater main a distance greater than 100 feet will be charged to an individual owner who specially benefits from the extension in accordance with the provisions of this section and the procedures established in Subchapter D of Chapter 402, Texas Local Government Code, as amended. A special assessment will be based upon the front foot rate prescribed in Section 49-18.10(a), unless the city council finds it necessary to adjust the rate under the circumstances set forth in Subsection (c) of this section. The director is authorized to promulgate regulations, not in conflict with state law or this chapter, governing how requests for extensions under this subsection are made and presented for assessment. In calculating the 100-foot requirement of this section, street intersection distances will be excluded.    (c)   Manner of special assessment. A lot or tract of land which is not a corner lot and which extends between street lines so as to abut on two or more public streets will be specially assessed for each frontage if the property will be or is used in a manner such that service will actually be used from the mains in those streets; otherwise, the property will be specially assessed based only upon the frontage where the connection is made to the main.    (d)   Adjustment of rates. If the city council determines in an assessment under Subsection (b) that the front foot rate prescribed in Section 49-18.10 exceeds the special benefit to a lot or tract by its enhanced value, or that the manner of assessment creates an inequality or injustice as to similarly situated lots or tracts, the city council, in order to insure substantial equality of benefits received and burdens imposed, will:       (1)   adjust the prescribed front foot rate; or       (2)   determine another method of apportioning the charges.    (e)   Private service replacements. If the director determines it necessary to replace or relocate a building water line or building lateral incidental to the extension, relocation, or replacement of a main under this article because of the size or location of the main extension, relocation, or replacement, the director is authorized to:       (1)   require the property owner to perform the private work at the owner’s expense; or       (2)   cause the private work to be done in accordance with Article 402.901, Texas Local Government Code, which article is hereby adopted as the procedure for this subsection in all respects as it applies to the city.    (f)   Manner of special assessment payment. A special assessment under Subsection (b) or (d)(2) may be paid in a lump sum, or by installment, in accordance with the terms prescribed in the applicable assessment ordinance. Where paid in installments, a mechanic’s lien contract and installment promissory note must be executed on forms provided by the director and approved by the city attorney.    (g)   Liability in event of transfer. If a mechanic’s lien contract and installment promissory note have been executed as provided under this section, and ownership of the property changes after execution of the contract and note, the new owner may assume payment of the unpaid installments. The new owner takes the property subject to the lien for special assessments. Notwithstanding the new owner’s assumption of liability, the previous owner remains personally liable for special assessment payments owed under the contract until it is paid in full. In the event of nonpayment, the director may:       (1)   discontinue service to the property;       (2)   enforce the lien created under the contract and note; or       (3)   look to the previous owner for payment due.    (h)   Lot or acreage fee. If an individual owner of property using the water or wastewater system for the first time connects to an existing main constructed by a developer entitled to city participation under Section 49-62, the individual owner shall be charged a lot or acreage fee to aid in reimbursement of developer construction in accordance with the following rules:       (1)   The fee shall be charged as prescribed in Section 49-18.10(c). An individual owner of a lot that is part of a subdivided tract shall pay a lot fee; an individual owner of an unsubdivided tract shall pay an acreage fee.       (2)   Notwithstanding any lot or acreage fee previously paid under this subsection, if an individual owner subdivides, develops or redevelops his property in a manner necessitating new extensions, the rules regarding developers in this article shall apply.       (3)   The lot or acreage fee charged shall be the fee in effect on the date the individual owner applies for a service connection permit. The fee shall be paid prior to issuance of the connection permit.       (4)   All lot and acreage fees collected shall be deposited to the credit of the appropriate city fund. All fees collected shall be used only for the purpose of reimbursing developers as required under Section 49-62.    (i)   No obligation to extend. The city and the director are not obligated to make a main extension if:       (1)   funds to pay for the extension are not available to the city;       (2)   the director determines for engineering or financial reasons that an extension is not practical; or       (3)   the individual owner or developer requesting the extension fails to abide by the provisions of this article. (Ord. Nos. 19201; 19622; 20215; 20653; 26925; 29645) SEC. 49-57.   RESERVED.    (Repealed by Ord. 20653) SEC. 49-58.   RESERVED.    (Repealed by Ord. 20653) SEC. 49-59.   REPLACEMENT OF SUBSTANDARD MAINS.    (a)   Substandard size mains. The director is authorized to replace a substandard size water or wastewater main when:       (1)   property owners request in writing to the director that the substandard size main be replaced in order to:          (A)   provide fire protection;          (B)   increase the water supply for consumption;          (C)   improve the water pressure in an area; or          (D)   improve the quality or capacity of wastewater collection in an area;       (2)   a substandard size main must be replaced by a standard size main in advance of paving; or       (3)   the director determines that replacement of a substandard size main is necessary to provide for orderly improvement or operation of the system.    (b)   Substandard condition mains. The director is authorized to replace a water or wastewater main that is substandard as to condition when he determines that:       (1)   due to its overall condition, the main is no longer economical to maintain as a part of the water or wastewater system; or       (2)   the main is in such a condition that it poses a threat to the health or safety of persons or property.    (c)   Removal and reconnection of main. When a substandard main is replaced, the department shall transfer and reconnect existing service connections to the new main and remove or abandon the substandard main.    (d)   Exception. A person connected to an existing substandard main at the time of its replacement will not be required to pay special assessments for the replacement of the substandard main. (Ord. Nos. 19201; 20653) SEC. 49-60.   GENERAL RULES FOR EXTENSIONS BY DEVELOPERS.    (a)   No extension without plat. Except in those instances where a plat is not required by law to develop property, the director shall not permit, and no person shall provide, extension of water or wastewater service to a lot, tract or other parcel of land unless:       (1)   the lot, tract or other parcel of land has been platted in accordance with the requirements of this code and state law;       (2)   the plat has been released for filing by the director and given final approval by the city plan commission; and       (3)   the plat has been filed for record in the plat records of the county in which the lot, tract or other parcel of land is located.    (b)   Plat approval guidelines. In addition, the following rules apply to the release and approval of plats by the city:       (1)   The city plan commission shall not approve a plat for filing without a release from the director verifying that the plat conforms to the city’s requirements for water or wastewater utility development and otherwise conforms to the general plan of the city for water and wastewater extensions.       (2)   The city plan commission is not obligated to approve a plat nor is the director obligated to release a plat if the mains proposed to serve the development exceed the existing capacity, or the immediate future capacity, of the water or wastewater system to adequately and economically serve that development and other adjacent property.    (c)   Preliminary layout. At the same time that a preliminary plat is filed for consideration with the city plan commission, the developer must submit the following to the director:       (1)   a preliminary layout or site plan showing the location and size of all mains, valves and hydrants necessary to serve the proposed development;       (2)   designated locations of dedications or public easements, proposed or existing, necessary for the laying of all mains and appurtenances, to be indicated on the layout or site plan; and       (3)   the design review fee charged by the director in accordance with Section 49-18.14(a).    (d)   Design criteria. All layouts and designs for proposed mains and appurtenances, whether preliminary or final, must be strictly in accordance with the Water and Wastewater Design Manual of the department. The director may refuse to release any plat for approval by the city plan commission where the criteria of this manual are not met.    (e)   Preliminary design phase. Upon review and approval of the preliminary layout or site plan, the developer may proceed as follows:       (1)   The developer may begin the preliminary design of water and wastewater mains and appurtenances for the proposed development, in accordance with Subsection (d).       (2)   Upon completion of the preliminary design, the developer must submit the preliminary design to the director. Pending review of the design, the developer may then file a final plat with the city plan commission. Changes or corrections in the design will be noted and returned to the developer.       (3)   The developer may prepare the final design of the proposed system after the director approves the preliminary design.    (f)   Private development contracts. After approval of the preliminary design, the developer may enter into a construction contract to build the proposed facilities, subject to the following rules:       (1)   The developer shall enter into one of the following types of private development contract for construction of the facilities:          (A)   a private development contract with a private construction contractor, with the city as a beneficiary; or          (B)   a private development contract directly with the city for the developer to build the facilities.       (2)   The cost of the system to be built must be borne as provided in Section 49-62.       (3)   The private development contract must be made according to terms and conditions stated on a form provided by the director and approved by the city attorney.       (4)   The private development contract must include performance and payment bonds equivalent to those which the city uses and requires in its standard specifications, and the city must be a named obligee in the bonds.       (5)   Charges for additional review of system designs under Section 49-18.14(a) shall be due upon submission of the additional review material.       (7)   In addition, to ensure that the city will not incur claims or liabilities as a result of the developer’s failure to make payment in accordance with the terms of a private development contract, the director may require the developer, as a precondition of approval of release of a final plat, to provide sufficient surety guaranteeing satisfaction of claims against the development in the event such default occurs. The surety shall be in the amount of the private development contract. The surety shall also be in the form of a bond, escrow account, cash deposit, or unconditional letter of credit drawn on a state or federally chartered lending institution. The form of surety shall be reviewed and approved by the city attorney. If a bond is provided, the bond shall be in a form furnished by the director and approved by the city attorney. The bond shall be executed by the developer and at least one corporate surety authorized to do business and licensed to issue surety bonds in the State of Texas and otherwise acceptable to the city. If a cash deposit is provided, the deposit shall be placed in a special account and shall not be used for any other purpose. If an escrow account is provided, the account shall be placed with a state or federally chartered lending institution with a principal office or branch in Texas, and any escrow agreement between the developer and the escrowing institution shall provide for a retainage of not less than 10 percent of the private development contract amount, to be held until the director gives written approval of the construction of the facilities. Interest accruing on the special account shall be credited to the developer. This subsection (f)(7) shall expire on January 1, 1994, unless this subsection is terminated sooner or extended by ordinance of the city council.    (g)   Final release. Prior to the director’s release of the final plat for approval by the city plan commission, the developer must submit the following items to the director:       (1)   the approved design of all mains, valves, service connections to be constructed by the developer and hydrants for the proposed development as prepared in accordance with all applicable requirements of this article;       (2)   an executed private development contract for the proposed development and development surety, both as prescribed in Subsection (f); and       (3)   if the developer desires to plat more lots than the developer will construct utilities to serve, a covenant for the benefit of the city running with the land and agreeing to construct the utilities necessary to serve the development at total cost in accordance with this article.    (h)   Covenant procedures. Covenants required under Subsection (g)(3) must be approved in accordance with the procedure set out in Section 2-11.2 of this code. After approval as to form by the city attorney, the covenant shall be filed in the deed records of the county where the property is located. Upon determination by the director that all the conditions of the covenant have been fulfilled, the city manager may execute and cause to be filed of record a release of the covenant without the necessity of city council approval.    (i)   Development on previously platted or unplatted land. If a person develops property without having to file a plat or replat for approval by the city, the requirements of this section still apply, as modified by the following rules:       (1)   A copy of the existing recorded plat or replat within which the property lies and all layouts, proposed system designs and design review and survey staking fees must be submitted with the request for extension.       (2)   Any charges due under Section 49-62 must be paid before or upon application for a service connection permit.       (3)   The director is authorized to promulgate additional procedures, not in conflict with this chapter or other laws, to aid implementation of this subsection. (Ord. Nos. 19201; 20215; 20653; 21045; 21491; 23289) SEC. 49-61.   CONSTRUCTION OF DEVELOPER EXTENSIONS.    (a)   Commencement of construction. The department will approve commencement of construction after approval of the final plat by the city plan commission, upon the developer’s meeting the following conditions:       (1)   the construction plans must be in complete and correct form;       (2)   all easements, dedications and other public rights-of-way necessary to construction must be in existence;       (3)   all necessary contract documents and bonds must be submitted; and       (4)   the final plat, as recorded, must be submitted.    (b)   Early start. The director may, upon written request from the developer, allow construction to commence before submission of the final recorded plat required in Subsection (a)(4), if all other applicable requirements of this article have been met; except that the city reserves its right to refuse final acceptance of the facilities and building permits until the final plat is approved and recorded.    (c)   Construction conditions. The following additional rules apply to actual construction of the facilities in a development under this section:       (1)   Installation of facilities must be made in public rights-of-way belonging to the city and filed of record, and must be made in a manner that does not damage existing facilities of the water or wastewater system.       (2)   Construction and installation of facilities, including service connections, if any, must be supervised by inspectors of the city to see that it is done in accordance with the plans and specifications, which are a part of the private development contract, and applicable provisions of this chapter.       (3)   On service connections larger than two inches that are constructed by the developer, the developer shall reimburse the city for any necessary materials or appurtenances furnished by the city.       (4)   Grade stakes for mains will be set by the developer’s engineer after the plans are released for construction by the director; provided, however, that grade stakes may not be set until after the developer’s engineer has properly staked on the ground with iron pins all easements, points of curves and tangency, all block corners and all lot corners within the subdivision, and has properly staked all fire hydrants.       (5)   All construction plans must comply with the following publications of the department:          (A)   Water and Wastewater Procedures and Design Manual.          (B)   Development Design Procedure and Policy Manual.          (C)   North Central Texas Standard Specifications for Public Works Construction, as may be modified by the Water Utilities Department Addendum to the Standard Specifications, or other special provisions.          (D)   Water Utilities Department Standard Drawings.       (6)   The director may, upon written request of the developer, permit temporary, partial use of installed facilities in a development prior to final acceptance of a system, if the department inspects the facilities to be used and determines that they meet the city’s construction requirements. Temporary permission under this subsection may not be construed as acceptance of any facilities, and the developer shall remain liable for all applicable service charges set forth in this chapter and all costs of construction. The duration of temporary permission will be as determined by the director, but may never exceed 90 days from the date of approval of the request. On the expiration date, the director will discontinue service unless the director approves the developer’s written request for an extension of temporary permission or issues final acceptance in accordance with Subsection (c)(6) of this section. The director may revoke or prohibit temporary permission under this subsection if the developer fails or refuses to comply with the provisions of this chapter.       (7)   The city will issue final acceptance when construction is complete in accordance with the city’s requirements, the developer has paid all costs of construction due and all charges due the city under this article, and the final plat has been approved and filed of record as required by law. Following issuance of final acceptance, facilities installed become the property of the city, free and clear of all liens, claims, and encumbrances.       (8)   Facilities constructed in a development pursuant to this article must be hydrostatically tested by the department prior to final acceptance. The developer shall cause any deficiencies or nonconformities in construction shown as a result of the hydrostatic test to be corrected and retested by the department until the test is passed. The developer shall pay a fee for hydrostatic testing when required in Section 49-18.17.       (9)   Damage to the work, relocation or revisions in the plans necessitated by other construction, or modification of the development will be charged to the developer, and service will be withheld or discontinued to the development until the charges are paid.    (d)   City not liable. Nothing in this article shall be construed to render the city liable for sums owed by a developer to private contractors or subcontractors for work done under a private development contract. (Ord. Nos. 19201; 19622; 20215; 23289; 26479) SEC. 49-62.   RULES REGARDING THE CONSTRUCTION AND COST OF NEW MAINS IN A DEVELOPMENT.    (a)   Oversize mains. The city will participate in the cost of any oversize main the developer is required to construct, by purchasing the excess capacity in the main at the oversize cost of the main. The director’s determination of the size of main necessary to adequately serve the subdivision, and the necessary degree of oversizing, is final. Oversize cost will be based upon the evaluated cost tables of Section 49-18.11 and will be paid after acceptance of the oversize main by the city.    (b)   On-site extensions. The developer must construct all new on-site extensions necessary to adequately serve the development, subject to applicable city payments for participation in oversize cost under Subsection (a). Construction of an on-site extension shall be pursuant to a private development contract approved by the director and in accordance with Chapter 212, Subchapter C, Texas Local Government Code, as amended.    (c)   Off-site extensions. The following rules govern the installation of and city participation in off- site extensions required to be constructed by a developer in order to adequately serve the development:       (1)   The developer shall construct any new off-site extension necessary to adequately serve the development, if the city or another developer has not already commenced design or construction of the extension in connection with another development or project, subject to applicable city payments for participation in oversize cost under Subsection (a).       (2)   Construction of an off-site extension shall be pursuant to a private development contract approved by the director and in accordance with Chapter 212, Subchapter C, Texas Local Government Code, as amended. The off- site extension construction may be included as a part of any private development contract for construction of on-site extensions or other infrastructure within the development, provided the rules of this article are complied with. The city will participate in the cost of the off-site extension by purchasing the extension, after completion and acceptance by the city, for the total evaluated cost of the extension. City payment will be made in the manner provided in this subsection.       (3)   The city will make payment for purchase of the off-site extension based upon new connections to the extension, at the applicable rate stated in Section 49-18.15(a). The developer or other person entitled to payment under Subsection (c)(5) must request payment in writing, and provide addresses and lot and block numbers for new connections, on a semi-annual basis or on such other basis as prescribed by the director in order to better facilitate proper payment. However, if the development requiring the off-site extension and the surrounding property through which the extension is constructed are, at completion of construction, fully developed in a manner consistent with its zoning so that all or substantially all of the new connections to the extension capable of being made are actually made and no additional new connections are expected or required, the full amount of city payment owed to the developer will be made upon acceptance of the extension instead of the rated payment method described above.       (4)   City payments under Subsection (c)(3) may be made to:          (A)   the original developer constructing the extension;          (B)   the original developer’s legal successor by merger or other proceedings, if the developer is a corporation, partnership or other business entity;          (C)   the original developer’s heirs or designated beneficiaries legally established by a validly probated will or duly created estate administration;          (D)   an assignee of the original developer, pursuant to a written, notarized agreement transferring the right to a payment which is executed by the original developer, legal successor, heir, beneficiary or their authorized agent and which is filed with the director after execution; or          (E)   if after appropriate invest-igation the director determines that no one else exists who could claim a right to city payments under Subsections (c)(4)(A) through (c)(4)(D), any other person the director determines would have a right to receive city payments; provided, however, that if no person makes a claim for city payments owed under this subsection within 20 years after acceptance of the off-site extension by the city, the funds will be considered abandoned and will be placed in the department’s general operating fund. The director is authorized to promulgate procedures, not in conflict with this chapter or other laws, for handling claims under this Subsection (c)(4).       (5)   City payments for off-site extensions will be processed in accordance with Subsections (h) and (i) of this section, subject to any other applicable credits or charges prescribed in this chapter.    (d)   Existing mains. The developer may utilize any existing main that may be available to adequately serve a proposed development in the design and construction of extensions subject to the payment of the acreage fee described in Subsection (e) of this section, if the director determines that:       (1)   the existing main is not substandard as to size or condition; and       (2)   the main is capable of adequately serving the development and not impractical to use for engineering or financial reasons; otherwise, the mains shall not be used or shall be replaced as required in Subsection (f).    (e)   Acreage fee. A developer utilizing an existing main under this section shall be charged an acreage fee if the existing main utilized was previously constructed by a developer entitled to city participation under this section. The amount of the fee shall be as prescribed in Section 49-18.10(d), and shall be paid upon completion of final design of the proposed system serving the development. All acreage fees collected shall be deposited to the credit of the appropriate city fund, and shall be used only for the purpose of reimbursing developers as required under this section.    (f)   Replacement mains. The following rules govern the construction of a replacement main:       (1)   The developer shall replace every existing substandard main serving the development with a main of adequate size and condition for permanent service, as determined by the director, subject to applicable city participation under this section.       (2)   The method of city participation in the cost of replacement of an off-site main within the city shall be governed by the rules for off-site extensions in Subsection (c).    (g)   Trunk or transmission mains. If platted property abuts or fronts on an existing water transmission or trunk wastewater main and connection to the main is not permitted by the director, the developer will not be charged for the existing trunk or transmission main, but may still be required to construct another main to adequately serve the development. City participation in the cost of the alternate main shall be governed by the applicable rules of Subsections (a) through (c) of this section.    (h)   Duplicate mains. Subject to the rules of Subsections (d) and (e) of this section, if more than one existing water or wastewater main fronts, abuts or lies within a development, the director shall determine which existing main or mains the developer shall be allowed to connect to, if any.    (i)   City payments and other charges offset. The director shall offset any charges payable by developers under this chapter, except charges for retail use of the water or wastewater system, against city payments owed to a developer. If charges exceed city payments, payment must be made to the city prior to commencement of service. If city payments exceed charges the city will make payment upon acceptance of the system by the city, subject to the method of payment for off-site extensions described in Subsection (c)(3); provided, however, that no city payment under this article shall exceed 30 percent of the total private development contract price. Where the city’s participation exceeds $10,000, the director may waive the 30 percent limitation if the director chooses, in the director’s sole discretion, to advertise the construction for competitive bids in accordance with state law. Charges paid to the city, if any, go into the department’s operating fund or into the trust fund, where applicable.    (j)   Disbursement of funds. Without additional city council approval, the director of finance is authorized to encumber and allocate funds from the appropriate water and wastewater system improvement fund and to issue checks or warrants from the proper encumbrance out of that fund for the purpose of making payments under this section, upon certification from the director that the developer has met all the applicable requirements of this article and that the amount of the payment accurately reflects the amount due the developer under this section.    (k)   No limitation on city. Nothing in this section shall be construed to restrict the city’s authority to construct capital improvements for the benefit of development or the citizens of the city. (Ord. Nos. 19201; 19526; 19622; 20215; 20653; 29645) SEC. 49-63.   CERTAIN EXISTING MAINS EXEMPT.    (a)   Exemption. Property platted into lots, tracts or other parcels and having existing water and wastewater mains prior to December 11, 1936 is exempt from pro rata.    (b)   Resubdivided property. Where the property described in Subsection (a) is later subdivided, replatted or otherwise developed such that the existing mains are otherwise replaced or extended in order to serve the property, then the terms of this article apply.    (c)   Charges already paid. Where an individual owner or developer has already paid or contributed toward an existing main in accordance with the terms of this article, that person will not be assessed any further charges prescribed under this article for that main. No person will be charged a lot or acreage fee for connection to or utilization of an existing main if:       (1)   the existing main has been installed and in service for a period of 20 years or greater at the time of connection or utilization; or       (2)   the existing main has previously been fully paid for under this article by persons other than the city. (Ord. Nos. 19201; 20653) CHAPTER 50 CONSUMER AFFAIRS ARTICLE I. CONSUMER AFFAIRS ADMINISTRATION. Sec. 50-1.   Director. Sec. 50-2.   Assistants and additional personnel. Sec. 50-3.   Powers of the director. Sec. 50-4.   Power to seize. ARTICLE II. RESERVED. Secs. 50-5 thru 50-35.   Reserved. ARTICLE III. RESERVED. Secs. 50-36 thru 50-71.   Reserved. ARTICLE IV. CONSUMER PROTECTION. Sec. 50-72.   Definitions. Sec. 50-73.   Unlawful acts or practices. Sec. 50-74.   Interpretation. Sec. 50-75.   Advertising - Disclosure of name and address. Sec. 50-76.   Exemption. Sec. 50-77.   Investigation. Sec. 50-78.   Reserved. ARTICLE V. WOOD VENDORS. Sec. 50-79.   Definitions. Sec. 50-80.   License required. Sec. 50-81.   Application; issuance; non- transferability. Sec. 50-82.   Fee. Sec. 50-83.   Signs; display; issuance. Sec. 50-84.   Sale of fuel wood - Invoices. Sec. 50-84.1.   Sale of fuel wood - Unit requirement. Sec. 50-85.   Refusal to issue or renew license; revocation. Sec. 50-86.   Appeal. ARTICLE VI. COIN-OPERATED DEVICES. Sec. 50-87.   Definitions. Sec. 50-88.   Design and construction. Sec. 50-89.   Maintenance. Sec. 50-90.   Operating instructions. Sec. 50-91.   Instructions for reporting faulty operation. Sec. 50-92.   Statement of rates. Sec. 50-93.   Unlawful to deface signs. Sec. 50-94.   Exemptions. Sec. 50-95.   Penalty. ARTICLE VII. MAIL ORDER SALES. Sec. 50-96.   Prohibited acts. Sec. 50-97.   Exceptions. Sec. 50-98.   Failure to disclose legal name and address. ARTICLE VIII. ELECTRONIC REPAIRS. Sec. 50-99.   Definitions. Sec. 50-100.   License - Required; trade name registration. Sec. 50-101.   Fees. Sec. 50-102.   License - Application, issuance, and renewal. Sec. 50-103.   License - Display, duplicates, transferability; employee identification. Sec. 50-104.   Powers and duties of the director. Sec. 50-105.   License - Refusal to issue or renew. Sec. 50-106.   License - Revocation. Sec. 50-107.   License - Appeal from refusal to issue or renew; from decision to revoke. Sec. 50-108.   Disclosure required for repairs on premises of owner. Sec. 50-109.   Disclosure required for repairs in licensee’s establishment. Sec. 50-110.   Detailed statement required; return of replaced parts. Sec. 50-111.   Unnecessary repairs; false representation of work. Sec. 50-112.   Advertising. ARTICLE IX. MOTOR VEHICLE REPAIRS. Sec. 50-113.   Definitions. Sec. 50-114.   License required; trade name registration. Sec. 50-115.   License application, place of business, issuance, renewal, and expiration. Sec. 50-116.   Fees. Sec. 50-117.   License display, replacement, and transferability. Sec. 50-118.   Refusal to issue or renew license. Sec. 50-119.   License revocation. Sec. 50-120.   Appeal from refusal to issue or renew license; from decision to revoke license. Sec. 50-121.   Powers and duties of the director. Sec. 50-122.   Schedule of charges. Sec. 50-123.   Disclosure of location of repairs, cost of repairs, time to complete. Sec. 50-124.   Detailed invoice required; return of replaced parts. Sec. 50-125.   Disclosure required for warranty. Sec. 50-126.   Advertising. Sec. 50-127.   Unnecessary repairs; charging for work not performed. Sec. 50-128.   Exemptions. Sec. 50-129.   Sign giving customer notice required. Sec. 50-130.   Penalty. ARTICLE X. HOME REPAIR. Sec. 50-131.   Article definitions. Sec. 50-132.   Administration of article. Sec. 50-133.   Article cumulative. Sec. 50-134.   Home repair license required. Sec. 50-135.   License exemptions. Sec. 50-136.   License application, expiration, and renewal. Sec. 50-137.   License fees. Sec. 50-138.   Revocation of license. Sec. 50-139.   Appeals. Sec. 50-140.   Notice. Sec. 50-141.   Regulations for home repairs under $500. Sec. 50-142.   Regulations for home repairs of $500 or more. Sec. 50-143.   Offenses. ARTICLE XI. CREDIT SERVICES ORGANIZATIONS AND CREDIT ACCESS BUSINESSES. Division 1. General Provisions. Sec. 50-144.   Purpose of article. Sec. 50-145.   Definitions. Sec. 50-146.   Violations; penalty. Sec. 50-147.   Defense. Division 2. Registration of Credit Services Organizations and Credit Access Businesses. Sec. 50-148.   Registration required. Sec. 50-149.   Registration application. Sec. 50-150.   Issuance and display of certificate of registration; presentment upon request. Sec. 50-151.   Expiration and renewal of certificate of registration. Sec. 50-151.1.   Nontransferability. Division 3. Miscellaneous Requirements for Credit Services Organizations and Credit Access Businesses. Sec. 50-151.2.   Maintenance of records. Sec. 50-151.3.   Consumer right to copy of agreement. Sec. 50-151.4.   Restrictions on extensions of consumer credit. Sec. 50-151.5.   Referral to consumer credit counseling. Sec. 50-151.6.   Restrictions on non-deferred presentment or motor vehicle title loan extensions of consumer credit. Sec. 50-151.7.   Compliance required. ARTICLE XII. STREET VENDORS. Division 1. In General. Sec. 50-152.   Declaration of policy. Sec. 50-153.   General authority and duty of the director. Sec. 50-154.   Authority to inspect. Sec. 50-155.   Offenses; penalties. Sec. 50-156.   Article cumulative. Sec. 50-157.   Definitions. Division 2. Vending on Public Property. Sec. 50-158.   Vendors on public property. Sec. 50-159.   Restrictions for mobile food establishments. Division 3. Vending on Private Property. Sec. 50-160.   Vendors on private property. Division 4. Entertainment in the Central Business District. Sec. 50-161.   Entertainment performances in the central business district. Division 5. Central Business District Concession Licenses. Sec. 50-162.   Central business district concession license. Sec. 50-163.   License application; investigation. Sec. 50-164.   License issuance; fees; transferability; vending location sites; license expiration. Sec. 50-165.   Suspension. Sec. 50-166.   Revocation. Sec. 50-167.   Appeal. Division 6. Miscellaneous Requirements for Street Vendors in the Central Business District. Sec. 50-168.   Identification badges required. Sec. 50-169.   Duties and conduct of street vendors. Sec. 50-170.   Dress standards for street vendors. Sec. 50-171.   Vehicles and equipment. Sec. 50-172.   Signs and advertising devices. ARTICLE I. CONSUMER AFFAIRS ADMINISTRATION. SEC. 50-1.   DIRECTOR.    For the purpose of this chapter, the word “director” shall mean the director of the department designated by the city manager to enforce and administer this chapter or the director’s authorized representative. (Ord. Nos. 13795; 17226) SEC. 50-2.   ASSISTANTS AND ADDITIONAL PERSONNEL.    The director shall appoint such assistants as he shall determine are necessary. Additional personnel will be provided as is customary in other departments, and subject to the provisions of the civil service rules and regulations of the city. (Ord. 13795) SEC. 50-3.   POWERS OF THE DIRECTOR.    (a)   The director shall enforce all laws concerning weights and measures.    (b)   Reserved.    (c)   The director shall plan, make recommendations, conduct research and develop programs for consumer education and protection, facilitate the exchange and dissemination of information in consultation with agencies, federal and state officials, commercial interest, private groups and others working in this field and coordinate the consumer protection activities of other city departments.    (d)   The director shall enforce all laws relating to unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce; in addition he shall receive and evaluate complaints and initiate his own investigations relating to these matters and take appropriate action, including referral to a federal or state agency.    (e)   The director, in the performance of his duties, shall be authorized to issue subpoenas and investigative demands to any person, administer an oath or affirmation to any person, conduct hearings in aid of any investigation or inquiry, prescribe such forms and promulgate such rules and regulations as may be necessary to carry out the powers and duties of the department, which rules and regulations shall have the force of law; provided that none of the powers conferred by this chapter shall be used for the purpose of compelling any natural person to furnish testimony or evidence which might tend to incriminate him or subject him to a penalty or forfeiture; and provided further that information obtained pursuant to the powers conferred by this chapter shall not be made public or disclosed by the director beyond the extent necessary for law enforcement purposes in the public interest. (Ord. Nos. 13795; 17226) SEC. 50-4.   POWER TO SEIZE.    Where any duty is placed upon the director under this chapter or any ordinance of the city, the same may be performed by any assistant. The director and the director’s assistants are granted the power to seize, without warrant, for evidence any object or thing involved in an unfair or deceptive act or practice in the conduct of any trade or commerce. (Ord. Nos. 13795; 19312; 21172) ARTICLE II. RESERVED. SECS. 50-5 THRU 50-35. RESERVED.    (Repealed by Ord. 21172) ARTICLE III. RESERVED. SECS. 50-36 THRU 50-71. RESERVED.    (Repealed by Ord. 18252) ARTICLE IV. CONSUMER PROTECTION. SEC. 50-72.   DEFINITIONS.    For the purpose of this article the following words and phrases shall have the meanings respectively ascribed to them by this section:    (a)   PERSONS means natural persons, corporations, trusts, partnerships, incorporated or unincorporated associations, and any other legal entity.    (b)   TRADE and COMMERCE mean the advertising, offering for sale, rent, lease, sale, or distribution of any services and any property, tangible or intangible, real, personal or mixed, and any other article, commodity, or thing of value wherever situate, and shall include any trade or commerce directly or indirectly affecting the people of this city.    (c)   DOCUMENTARY MATERIAL means the original or a copy of any book, record, report, memorandum, paper, communication, tabulation, map, chart, photograph, mechanical transcription or other tangible document or recording, wherever situate.    (d)   EXAMINATION OF DOCUMENTARY MATERIAL shall include the inspection, study, or copying of any such material, and the taking of testimony under oath or acknowledgment with respect to any such documentary material or copy thereof. (Ord. 13795) SEC. 50-73.   UNLAWFUL ACTS OR PRACTICES.    No person shall engage in one or more of the following unfair or deceptive acts or practices in the conduct of any trade or commerce:    (a)   Causing confusion or misunderstanding or likelihood of confusion or misunderstanding as to the source, sponsorship, approval, or certification of goods, or services;    (b)   Causing confusion or misunderstanding or likelihood of confusion or misunderstanding as to affiliation, connection or association with, or certification by another;    (c)   Using deceptive representations or designations of geographic origin in connection with goods or services;    (d)   Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities that they do not have or that a person has a sponsorship, approval, status, affiliation, or connection that he does not have;    (e)   Disparaging the goods, services, or business of another by false or misleading representation of fact;    (f)   Engaging in any other conduct in trade or commerce which creates confusion or misunderstanding or the likelihood of confusion or misunderstanding;    (g)   The sale of goods or services to a consumer and the subsequent failure of the seller or solicitor to honor his express and implied warranties with respect to such goods or services. (Ord. 13795; Ord. 14369) SEC. 50-74.   INTERPRETATION.    (a)   This article shall be liberally construed and applied to promote its purpose and policies. It is the intent of the city council that in construing Section 50-73 of this article due consideration and great weight shall be given to the interpretations of the federal trade commission and the federal courts relating to Section 5(a)(1) of the Federal Trade Commission Act (15 U.S.C. 45(a)(1), as from time to time amended; and    (b)   The director may make rules and regulations interpreting the provisions of Section 50-73 of this article. Such rules and regulations shall not be inconsistent with the rules, regulations and decisions of the federal trade commission and the federal courts in interpreting the provisions of Section 5(a)(1) of the Federal Trade Commission Act (15 U.S.C., 45(a)(1), as from time to time amended. (Ord. 13795) SEC. 50-75.   ADVERTISING - DISCLOSURE OF NAME AND ADDRESS.    Whenever any person who is engaged in retail sales within the city advertises in print within the city, goods or services for sale to the public, the advertisement shall include the name of the advertiser and the permanent street address of the advertiser if such street address is not listed under the advertiser’s name in the current city of Dallas telephone directory. If the name of the advertiser is different than the name of the owner of the business advertised, and such business is not a corporation holding a permit to do business in this state or the advertiser is not registered with the county clerk of Dallas county as an assumed name, then the true name and permanent address of the owner shall be included in the advertisement. Nothing in this section shall apply to advertising in a classified section of a newspaper. (Ord. Nos. 13795; 13827) SEC. 50-76.   EXEMPTION.    Nothing in this article shall apply to acts done by the publisher, owner, agent, or employee of a newspaper, periodical or radio or television station in the publication or dissemination of an advertisement, when the owner, agent or employee did not have knowledge of the false, misleading or deceptive character of the advertisement, did not prepare the advertisement, and did not have a direct financial interest in the sale or distribution of the advertised product or service. (Ord. 13795) SEC. 50-77.   INVESTIGATION.    (a)   When it appears to the director that a person has engaged in, is engaging in, or is about to engage in any act or practice declared to be unlawful by this article, or when he believes it to be in the public interest that an investigation should be made to ascertain whether a person in fact has engaged in, is engaging in, or is about to engage in, any act or practice declared to be unlawful by this article, he may execute in writing and cause to be served upon any person who is believed to have information, documentary material or physical evidence relevant to the alleged or suspected violation, an investigative demand requiring such person to furnish, under oath or otherwise, a report in writing setting forth the relevant facts and circumstances of which he has knowledge, or to appear and testify or to produce relevant documentary material or physical evidence for examination, at such reasonable time and place as may be stated in the investigative demand, concerning the advertisement, sale or offering for sale of any goods or services or the conduct of any trade or commerce that is the subject matter of the investigation.    (b)   Failure or refusal to comply with the investigative demand made pursuant to the provisions of Subsection (a), above, shall be deemed a violation of this chapter. (Ord. 13795) SEC. 50-78.   RESERVED.    (Ord. Nos. 13795; 21172) ARTICLE V. WOOD VENDORS. SEC. 50-79.   DEFINITIONS.    In this article:       (1)   CORD means the amount of wood that is contained in a space of 128 cubic feet, when the wood is ranked and well-stowed and one-half the kerf of the wood is included.       (2)   ESTABLISHMENT means any building, motor vehicle, freight car, or stand where fuel wood is sold or offered for sale by a retail dealer.       (3)   FUEL WOOD means wood offered for sale by a retail dealer and represented by the retail dealer as being suitable for use as fuel.       (4)   PERSON means any individual, assumed named entity, partnership, joint venture, association, or corporation.       (5)   RETAIL DEALER means any person who both sells and delivers fuel wood to the ultimate consumer. (Ord. Nos. 13795; 21172) SEC. 50-80.   LICENSE REQUIRED.    No retail dealer shall sell fuel wood in the city without first obtaining a wood vendor’s license, nor shall a retail dealer sell fuel wood in the city after his license has been revoked. (Ord. 13795) SEC. 50-81.   APPLICATION; ISSUANCE, NON-TRANSFERABILITY.    (a)   Application for a wood vendor’s license shall be made to the director upon a form prescribed and supplied by him, which shall include the following information: The retail dealer’s name, the address and telephone number of his business establishment(s), the address and telephone number of the retail dealer’s residence if he does not have a business establishment with an address, the license numbers of all vehicles used in delivering fuel wood, and the method of distribution.    (b)   When an application for a license, or renewal thereof, has been filed with the director in proper form, the director shall within a period of 10 days from the date of filing approve or deny said application. If the application is denied, the director shall send to the applicant by certified mail, return receipt requested, a written statement setting forth the reasons for the denial.    (c)   Each license issued pursuant to this article shall be numbered and shall expire on August 31st of each year.    (d)   No license issued pursuant to this article shall be transferable. (Ord. 13795) SEC. 50-82.   FEE.    The applicant shall pay an annual permit fee of $82. The fee for issuing a replacement license for a lost, destroyed, or mutilated license is $20. The fee is payable to the director at the time the license is issued. No refund of license fees shall be made. (Ord. Nos. 13795; 16700; 29879; 31332; 32556) SEC. 50-83.   SIGNS; DISPLAY; ISSUANCE.    (a)   All vehicles used by a retail dealer in the business of selling fuel wood, shall have posted on the door to the driver’s side, in a form and size prescribed by the director, the retail dealer’s wood vendor’s license number.    (b)   Upon issuance of a license, the director shall furnish one magnetic sign each retail dealer. (Ord. 13795) SEC. 50-84.   SALE OF FUEL WOOD - INVOICES.    Upon each sale of fuel wood, the retail dealer shall provide the purchaser with an invoice showing the following information: The name and address of the retail dealer; his wood vendor’s license number; the amount of fuel wood sold; and the selling price of the fuel wood. (Ord. 13795) SEC. 50-84.1.   SALE OF FUEL WOOD - UNIT REQUIREMENT.    A person commits an offense if he sells, offers for sale, or exposes for sale any wood intended for fuel purposes other than by the cord or fraction of a cord. (Ord. 21172) SEC. 50-85.   REFUSAL TO ISSUE OR RENEW LICENSE; REVOCATION.    The director shall refuse to approve issuance or renewal of a wood vendor’s license to any applicant, and shall revoke the license of a retail dealer, upon determination that the applicant or retail dealer has been convicted of a violation of this article, Section 50-13, or Section 50-26 of this chapter twice within a two year period; or upon determination that the applicant or retail dealer has made any false statement as to a material matter in an application for a license or renewal thereof. (Ord. 13795) SEC. 50-86.   APPEAL.    In the event the director shall refuse to approve the issuance of an original license or the renewal of a license to any applicant, or revokes the license issued to any retail dealer under this article, this action shall be final unless the retail dealer files an appeal with a permit and license appeal board in accordance with Section 2-96 of this code. (Ord. Nos. 13795; 18200) ARTICLE VI. COIN-OPERATED DEVICES. SEC. 50-87.   DEFINITIONS.    For the purpose of this article, the following words and phrases shall have the meanings ascribed to them by this section:    (a)   COIN-OPERATED DEVICE means any device that will accept a coin or paper money in exchange for any commodity, thing, or service.    (b)   COIN-OPERATED TIMING DEVICE means any device that measures the time during which a particular service duly purchased is provided.    (c)   OPERATOR means any person, firm, company, association or corporation that exhibits, displays or permits to be exhibited or displayed in the city at his or its place of business or upon premises under his or its control, any “coin-operated device” for customer use.    (d)   OWNER means any person, firm, company, association or corporation owning or having the care, control, or management of any “coin-operated device” in the city.    (e)   UNATTENDED COIN-OPERATED DEVICE means any such device in a location where there is no person readily available who is authorized to make rebates to users when such device malfunctions. (Ord. 13795) SEC. 50-88.   DESIGN AND CONSTRUCTION.    No owner shall display or permit to be displayed in the city any coin- operated device that dispenses any commodity, thing, or service unless such device is of such materials, design, and construction as to make it reasonably certain under normal operating conditions that:    (a)   accuracy will be maintained as to quantity dispensed or interval of service provided.    (b)   operating parts will continue to function as intended; and    (c)   any adjustments required will remain reasonably permanent. (Ord. 13795) SEC. 50-89.   MAINTENANCE.    The owner of a coin-operated device displayed in the city for customer use shall continuously maintain such device in proper operating condition. (Ord. 13795) SEC. 50-90.   OPERATING INSTRUCTIONS.    The owner of any coin-operated device displayed in the city for customer use which may fail to operate properly, except when special precautions are observed, shall prominently and conspicuously mark such device with suitable operating instructions that include such precautions. (Ord. 13795) SEC. 50-91.   INSTRUCTIONS FOR REPORTING FAULTY OPERATION.    The owner or operator shall prominently display, at all locations where unattended coin-operated devices are displayed for customer use in the city, complete instructions for reporting to him the failure of any such device to function properly. Said instructions shall include the name and either the address or telephone number of the person, firm, corporation, or organization responsible for operation. It shall be the duty of the owner or operator of said devices to rebate all money paid for commodities or services not received, but the owner or operator may elect to check the device before making any rebate; provided that the device must be checked promptly, so that a rebate to which a customer is entitled will be made within 10 days from the time he applies for it. (Ord. 13795) SEC. 50-92.   STATEMENT OF RATES.    At the location of any coin-operated timing device displayed in the city for customer use, where time is a critical factor in the use of the service provided, the owner or operator shall clearly, prominently, and conspicuously display the price in terms of money per unit or units of time for the service provided. (Ord. 13795) SEC. 50-93.   UNLAWFUL TO DEFACE SIGNS.    It shall be unlawful for any person to deface, destroy, or remove any signs placed pursuant to the requirements of this article by the owner or operator at the location where unattended coin operated devices are displayed for customer use in the city. (Ord. 13795) SEC. 50-94.   EXEMPTIONS.    The following coin-operated devices shall be exempt from the terms of this article:    (a)   all music and skill or pleasure coin-operated machines displayed in establishments where alcoholic beverages are sold or served for on-premises consumption;    (b)   all game type coin-operated devices, including, but not limited to, pinball machines, marble boards, miniature race track, football, golf and bowling machines; and all juke boxes;    (c)   all coin-operated devices which are owned by a federal, state, or local government agency;    (d)   all coin-operated devices owned by a public utility operating under a franchise granted by the city or other public body. (Ord. 13795) SEC. 50-95.   PENALTY.    A person who violates any provision of this article is guilty of an offense and, upon conviction, is punishable by a fine of not less than $20 nor more than $100. For any second or subsequent conviction, a person is punishable by a fine of not less than $50 nor more than $500. (Ord. Nos. 13795; 19963) ARTICLE VII. MAIL ORDER SALES. SEC. 50-96.   PROHIBITED ACTS.    (a)   No person (including any business entity), who conducts a mail order or catalog business in or from the city or advertises a city mailing address, shall accept money through the mails from a consumer for merchandise ordered by mail or telephone and then permit six weeks to elapse without:       (1)   delivering or mailing the merchandise ordered; or       (2)   making a full refund; or       (3)   sending the customer a prior letter or notice advising him of the duration of an expected delay or the substitution of merchandise of equivalent or superior quality, and offering to send him a refund within one week if he so requests; or       (4)   sending the consumer substituted merchandise of equivalent or superior quality, with a guarantee that should the merchandise be unacceptable, the seller will accept the return of the merchandise at the seller’s expense and that the purchase price will be refunded.    (b)   For purposes of Subparagraphs (a)(3) and (a)(4), above, merchandise may not be considered of “equivalent or superior quality” if it is not substantially similar to the goods ordered, or not fit for the purposes intended, or if the seller normally offers the substituted merchandise at a price lower than the price of the merchandise ordered. (Ord. 13795) SEC. 50-97.   EXCEPTIONS.    Sec. 50-95 shall not apply to:    (a)   merchandise ordered pursuant to an open-end credit plan as defined in the Federal Consumer Credit Protection Act or any other credit plan pursuant to which the consumer’s account was opened prior to the mail order in question, and under which the creditor may permit the customer to make purchases from time to time from the creditor or by use of a credit card; or    (b)   when all advertising for the merchandise contains a notice (which, in the case of printed advertising, shall be in a type size at least as large as the price) that a delay may be expected of a specified period. In such case, one of the events described in Section 50-95(a)(1) through (a)(4) must occur no later than one week after expiration of the period specified in the advertisement; or    (c)   merchandise, such as quarterly magazines, which by their nature are not produced until a future date and for that reason cannot be stocked at the time of order; or    (d)   installments other than the first, of merchandise, such as magazine subscriptions, ordered for serial delivery. (Ord. 13795) SEC. 50-98.   FAILURE TO DISCLOSE LEGAL NAME AND ADDRESS.    No person (including any business entity), who conducts a mail order or catalog business in or from the city or advertises a city mailing address, for such business, shall fail to disclose the legal name of the company and the complete street address from which the business is actually conducted, in all advertising or other promotional materials containing a post office box address, including order blanks and forms, unless the person or business entity has its address currently listed in the city of Dallas telephone directory. (Ord. 13795) ARTICLE VIII. ELECTRONIC REPAIRS. SEC. 50-99.   DEFINITIONS.    For the purpose of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:    (a)   DIRECTOR means the director of the department designated by the city manager to enforce and administer this article or the director’s authorized representative.    (b)   ELECTRONIC EQUIPMENT means electronic apparatus normally used or sold for use by individuals for entertainment purposes, including, but not limited to, televisions, radios, tape players, recorders or decks, phonograph equipment, and antenna receiving systems.    (c)   ELECTRONIC REPAIR means the repairing, servicing, or maintaining of electronic equipment, including the pick-up and delivery of electronic equipment from locations within the city for the purpose of repairing, servicing or maintenance.    (d)   LICENSE means an electronic repair license.    (e)   LICENSEE means a person licensed to engage in the electronic repair business under the provisions of this article.    (f)   PERSON means any individual, assumed name entity, partnership, joint- venture, association or corporation.    (g)   PICK-UP AND DELIVERY CHARGE means the fee charged by a licensee for the removal of electronic equipment from the home of a customer for the purposes of repair, transportation to the service dealer’s place of business and return to the home of the customer.    (h)   SERVICE CHARGE means the total of fees charged by a service dealer for his transportation to and from the premises of a customer and the first 30 minutes of examination and repair of one piece of electronic equipment which he performs on the premises of the customer. Any other term used to describe a service charge shall include these items. (Ord. Nos. 13966; 16476; 17226) SEC. 50-100.   LICENSE - REQUIRED; TRADE NAME REGISTRATION.    (a)   No person shall own, maintain, conduct, operate, or engage in an electronic repair business, or hold himself out as being able to do so within the city, without first obtaining an electronic repair license from the director. Should such person maintain more than one electronic repair establishment, a duplicate license shall be required for each additional establishment operating under the same trade name. A separate license shall be required for establishments operating under different trade names. The license issued to an electronic repair establishment shall authorize the establishment and all its bona fide employees to engage in the business of electronic repair.    (b)   A licensee shall register with the director the trade name of his electronic repair establishment. (Ord. Nos. 13966; 17393) SEC. 50-101.   FEES.    The annual fee for an electronic repair license is $126. The fee for issuing a duplicate license for additional establishments or for a lost, destroyed, or mutilated license is $0. The fee is payable to the director upon issuance of a license. No refund of license fees shall be made. (Ord. Nos. 13966; 15970; 16476; 18411; 18876; 19300; 29879; 31332; 32556) SEC. 50-102.   LICENSE - APPLICATION, ISSUANCE, AND RENEWAL.    (a)   An applicant for a license shall file with the director, a written application upon a form provided for that purpose, which shall be signed by the applicant or his local authorized agent, who shall be an individual responsible for the operation of applicant’s local electronic repair business. The following information shall be required in the application:       (1)   name, address, and telephone number of the applicant, including the trade name by which applicant does business and the street address of all repair establishments, and if incorporated, the name registered with the secretary of state;       (2)   type of electronic equipment repaired by applicant;       (3)   a statement indicating whether any owner, proprietor, or current employee of applicant has been convicted for violation of this article;       (4)   a statement whether an electronic repair license issued to applicant or any proprietor, partner or corporate officer of applicant, has been revoked within one year preceding the date of application; and       (5)   a statement that applicant engages in the lawful business of electronic repair and that all facts stated in the application are true.    (b)   An applicant shall be required to maintain a permanent and established place of business at a location where an electronic repair business is not prohibited by municipal ordinance and for which any store license and tax permit, if required by law, has been issued and is in force.    (c)   When an application for a license, or renewal thereof, has been filed with the director in proper form, the director shall, within a period of 30 days from the date of filing, approve the application or if he finds any of the facts listed in Section 50-105 to be true, deny the application. If the application is denied, the director shall send to the applicant by certified mail, return receipt requested, a written statement setting forth the reasons for the denial.    (d)   Repealed by Ord. 16476.    (e)   The director may, at any time, require additional information of a licensee or an applicant, to clarify the items on the application. (Ord. Nos. 13966; 16476) SEC. 50-103.   LICENSE - DISPLAY, DUPLICATES, TRANSFERABILITY; EMPLOYEE IDENTIFICATION.    (a)   Each license issued pursuant to this article shall be posted and kept in a conspicuous place in the electronic repair establishment.    (b)   A duplicate license may be issued for one lost, destroyed or mutilated upon application therefor on a form prescribed by the director. Each duplicate license shall have the word “duplicate” stamped across the face thereof and shall bear the same number as the one it replaces.    (c)   No electronic repair license shall be assignable or transferable.    (d)   Every licensee, within 10 days after a change or partial change in local ownership or management of the electronic repair business, or if there be no local ownership, then a change in the authorized agent referred to in Section 50-102(a), or a change of address or trade name, shall notify the director of any such change.    (e)   Every licensee shall provide each of its electronic repair employees with an identification card which identifies that person as an employee of the licensee. The licensee’s license number shall be prominently printed on the face of the card, and employees shall carry these cards with them at all times while in the course of their employment. (Ord. 13966) SEC. 50-104.   POWERS AND DUTIES OF THE DIRECTOR.    In addition to the powers and duties elsewhere prescribed in this chapter, the director shall be required to:    (a)   administer and enforce all provisions of this article;    (b)   keep all records of all licenses issued, suspend or revoke;    (c)   adopt such rules and regulations, after reasonable notice to licensees, not inconsistent with the provisions of this article, with respect to the form and content of applications for licenses, the receipt thereof, the investigation of applicants, and other matters incidental or appropriate to his powers and duties as may be necessary for the proper administration and enforcement of the provisions of this article; and    (d)   conduct, on his own initiative, periodic investigations of electronic repair establishments throughout the city, concerning their compliance with this article. (Ord. 13966) SEC. 50-105.   LICENSE - REFUSAL TO ISSUE OR RENEW.    The director shall refuse to approve issuance or renewal of an electronic repair license for any one or more of the following reasons:    (a)   conviction twice within a two year period of the licensee, applicant or any current employee thereof for a violation of any provision of this article. Notice shall be given to a licensee on the date any formal charges are filed against any employee of the licensee;    (b)   the making of any false statement as to a material matter in an application for a license, or renewal thereof, or in a hearing in connection therewith;    (c)   revocation of a license, pursuant to this article, or the applicant, or any proprietor, partner or corporate officer therein, within one year preceding application; or    (d)   use by the licensee of any trade name for his electronic repair business other than the one registered with the director. (Ord. 13966) SEC. 50-106.   LICENSE - REVOCATION.    (a)   An electronic repair license shall be revoked by the director for any one or more of the following reasons:       (1)   the making of any false statement as to a material matter in an application for a license, renewal thereof, or a hearing concerning the license;       (2)   conviction twice within a two year period of the licensee or any current employee thereof, of a violation of any provisions of this article. Notice shall be given to a licensee on the date any formal charges are filed against any employee of the licensee; or       (3)   use by the licensee of any trade name for his electronic repair business other than the one registered with the director.    (b)   Written notice of such revocation shall be sent by the director to the licensee by certified mail, return receipt requested, setting forth the reasons for the revocation. (Ord. 13966) SEC. 50-107.   LICENSE - APPEAL FROM REFUSAL TO ISSUE OR RENEW; FROM DECISION TO REVOKE.    In the event the director shall refuse to approve the issuance of an original license or the renewal of a license to any applicant, or revokes the license issued to any licensee under this article, this action shall be final unless the licensee files an appeal with a permit and license appeal board in accordance with Section 2-96 of this code (Ord. Nos. 13966; 18200) SEC. 50-108.   DISCLOSURE REQUIRED FOR REPAIRS ON PREMISES OF OWNER.    Prior to work being performed on electronic equipment on the premises of the owner of the electronic equipment, the owner, or his agent shall be furnished a written schedule of charges, if such charges are made, to include the following items:       (1)   service charge;       (2)   hourly labor charge with an explanation of fractional hour charges or a flat labor charge;       (3)   charges for making an estimate of repairs; and       (4)   itemized lists of any and all other charges other than parts; provided that, if a list of parts installation charges is on file in the office of the director, such parts installation charges are not required to be itemized on the schedule. Such lists on file with the director shall be kept confidential.    Upon completion of electronic repair work performed on the premises of the owner, the owner or his agent shall be furnished a written statement showing total charges for items (1), (2), (3), and (4), above, including any installation charges, if such charges are made, and this statement shall include a list of all parts supplied, described with reasonable particularity and identified by part name and designation as to whether new or used parts were installed. If neither the owner nor his agent is present, the schedule of charges and the statement shall be left at the premises. (Ord. 13966) SEC. 50-109.   DISCLOSURE, REQUIRED FOR REPAIRS IN LICENSEE’S ESTABLISHMENT.    (a)   When electronic equipment must be removed from the premises of the owner to an electronic repair establishment for repairs, or when electronic equipment is delivered to an electronic repair establishment by the owner of such equipment, or his agent, the licensee shall, before removing or taking custody of the equipment, furnish the owner or his agent a written estimate of time to complete repairs and a written schedule of charges, if such charges are made, and are applicable, to include the following items:       (1)   service charge;       (2)   pick up and delivery charge;       (3)   charges for making an estimate of repairs;       (4)   storage charges;       (5)   total charges for release of equipment to be repaired in the event it is not repaired;       (6)   hourly labor charge or flat labor charge; and       (7)   itemized list of any and all other charges, other than parts; provided that, if a list of parts installation charges is on file in the office of the director, such parts installation charges are not required to be itemized on the schedule. Such lists on file with the director shall be kept confidential.    (b)   Prior to work being performed, the licensee shall provide the owner or his agent, either in writing or by telephone, an estimate of total charges for repairs. After receiving the estimate, the owner or his agent may either authorize the repairs at the estimate cost or request return of his equipment in reasonably the same condition as when released to the licensee, in which case the licensee shall receive payment only for those items on the schedule of charges to which he is entitled. Total charges for repairs made shall not exceed the original estimate or any subsequent estimate by more than 10 percent unless the owner is notified by telephone or in writing and authorizes the increased cost estimate. If the owner authorizes an estimate or time of completion of repairs by telephone, the licensee or his agent shall record in writing on the work order or invoice, the date, time, name of person authorizing repairs, and the telephone number called.    (c)   Should the licensee be unable to complete the repairs in the time estimated, he shall notify the owner of this fact, at which time the owner may request return of his equipment in reasonably the same condition as when released to the licensee, in which case the licensee shall receive payment for those items on the schedule of charges to which he is entitled only. Upon the above request being made by the owner, if the licensee originally picked up the equipment from the owner’s premises, he shall return the equipment to the owner’s premises within two working days from date of request. (Ord. Nos. 13966; 16476) SEC. 50-110.   DETAILED STATEMENT REQUIRED; RETURN OF REPLACED PARTS.    All work performed by a licensee shall be recorded on a statement describing all service work done and all parts supplied with reasonable particularity, identifying parts by name, designating whether new or used parts were installed, and indicating the exact charge for each part or service. One copy shall be given to the customer and one copy retained by the licensee for a period of at least one year. The licensee shall return replaced parts, other than the picture tube, to the customer, except such parts as the licensee is required to return to the manufacturer or distributor under a warranty or exchange arrangement. (Ord. 13966) SEC. 50-111.   UNNECESSARY REPAIRS; FALSE REPRESENTATION OF WORK.    (a)   A person shall not intentionally make repairs upon electronic equipment that are not bona fide and necessary to correct the malfunction for repair of which his services were sought. This subsection does not apply to replacement of weak parts of electronic equipment upon disclosure of the weakness and authorization of the owner.    (b)   A person shall not represent that he has performed work or replaced a part on electronic equipment if he has not performed the work or replaced the part. (Ord. Nos. 13966; 16476) SEC. 50-112.   ADVERTISING.    (a)   An advertised fee, charge, or stipulation of no charge for any electronic repair service involving a trip to the premises of a customer, shall mean the total of fees charged by the licensee for his transportation to and from the premises of a customer and the first 30 minutes of examination and repair of one piece of electronic equipment which he performs on the premises of the customer.    (b)   It shall be unlawful for a licensee to advertise in any manner, the fact that he is a holder of a city electronic repair license. (Ord. Nos. 13966; 14369) ARTICLE IX. MOTOR VEHICLE REPAIRS. SEC. 50-113.   DEFINITIONS.    For the purpose of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:    (a)   DIRECTOR means the director of the department designated by the city manager to enforce and administer this article or the director’s authorized representative.    (b)   MAJOR COMPONENT means the engine (excluding accessories), transmission, or differential gear of a motor vehicle.    (c)   MOTOR VEHICLE means any self-propelled device in, upon, or by which persons or property are or may be transported upon a highway, except devices moved by human power or used exclusively upon stationary rails.    (d)   MOTOR VEHICLE REPAIR means mechanical repair, alteration, or addition of equipment or parts, which includes but is not limited to, tuneup, brake work, transmission work, engine repair, body work, painting, and upholstering.    (e)   LICENSEE means a person licensed to engage in the motor vehicle repair business under the provisions of this article.    (f)   PERSON means an individual, assumed name entity, partnership, joint- venture, association, corporation, or other legal entity. (Ord. Nos. 14487; 17226) SEC. 50-114.   LICENSE REQUIRED; TRADE NAME REGISTRATION.    (a)   No person shall own, maintain, conduct, operate, or engage in the business of motor vehicle repair for compensation within the city, or hold himself out as being able to do so, or act as the agent for another who is engaged in the motor vehicle repair business, or take custody of the motor vehicle within the city for the purpose of repair without first obtaining a motor vehicle repair license from the director. Should a person maintain a motor vehicle repair establishment at more than one location, a duplicate license is required for each additional location. The license issued to a motor vehicle repair establishment authorizes the licensee and all its bona fide employees to engage in the business of motor vehicle repair.    (b)   A licensee shall register with the director the trade name of his motor vehicle repair establishment and shall not use or permit to be used more than one trade name at a single location. (Ord. 14487) SEC. 50-115.   LICENSE APPLICATION, PLACE OF BUSINESS, ISSUANCE, RENEWAL, AND EXPIRATION.    (a)   An applicant for a license shall file with the director a written application upon a form provided for that purpose, which shall be signed by the applicant or his local authorized agent, who shall be an individual responsible for the operation of applicant’s local motor vehicle repair business. Should an applicant maintain a motor vehicle repair establishment at more than one location, a separate application must be filed for each location. The following information shall be required in the application:       (1)   name, address, and telephone number of the applicant, including the trade name by which applicant does business and the street address of the motor vehicle repair establishment, and if incorporated, the name registered with the secretary of state;       (2)   a statement whether a motor vehicle repair license issued to applicant or any proprietor, partner, or corporate officer of applicant, has been revoked within one year preceding the date of application; and       (3)   a statement that applicant engages in the business of motor vehicle repair and that all facts stated in the application are true.    (b)   An applicant is required to maintain a permanent and established place of business at a location where a motor vehicle repair business is not prohibited by the comprehensive zoning ordinance of the city.    (c)   When an application for a license or license renewal has been filed with the director in proper form, the director shall, within 30 days from the date of filing approve or deny the application. If the application is denied, the director shall send to the applicant by certified mail, return receipt requested, a written statement setting forth the reasons for the denial.    (d)   Repealed by Ord. 16476.    (e)   The director may, at any time, require additional information of a licensee or an applicant to clarify items on the application. (Ord. Nos. 14487; 16476) SEC. 50-116.   FEES.    The annual fee for a motor vehicle repair license is $122 for the first location and $75 for a duplicate license for each additional location. The fee for issuing a replacement license for one lost, destroyed, or mutilated is $25. The fee is payable to the director upon issuance of a license. No refund of license fees will be made. (Ord. Nos. 14487; 16476; 16700; 18411; 18876; 20076; 26598; 29879; 31332; 32556) SEC. 50-117.   LICENSE DISPLAY, REPLACEMENT, AND TRANSFERABILITY.    (a)   Each license issued pursuant to this article must be posted and kept in a conspicuous place in the motor vehicle repair establishment.    (b)   A replacement license may be issued for one lost, destroyed, or mutilated upon application on a form provided by the director. A replacement license shall have the word “replacement” stamped across its face and shall bear the same number as the one it replaces.    (c)   A motor vehicle repair license is not assignable or transferable.    (d)   A licensee shall notify the director within 10 days of a change or partial change in local ownership or management of the motor vehicle repair business, or if there is no local ownership, then a change in the authorized agent referred to in Section 50-115(a), or a change of address or trade name. (Ord. 14487) SEC. 50-118.   REFUSAL TO ISSUE OR RENEW LICENSE.    The director shall refuse to approve issuance or renewal of a motor vehicle repair license for one or more of the following reasons:       (1)   a false statement as to a material matter intentionally made in an application for a license;       (2)   conviction twice within a two year period of the applicant or a current employee of the applicant while he was in applicant’s employment for a violation of a provision of this article;       (3)   revocation of a license, pursuant to this article, of the applicant, or a proprietor, partner, or corporate officer of the applicant, within one year preceding application; or       (4)   use by the licensee of a trade name for his motor vehicle repair business other than the one registered with the director. (Ord. 14487) SEC. 50-119.   LICENSE REVOCATION.    (a)   The director shall revoke a motor vehicle repair license for one or more of the following reasons:       (1)   a false statement as to a material matter intentionally made in an application for a license, license renewal, or a hearing concerning the license;       (2)   conviction twice within a two year period of the licensee or a current employee of the licensee while he was in licensee’s employment for a violation of a provision of this article; (Notice shall be given to a licensee on the date formal charges are filed against an employee of the licensee. If licensee discharges a convicted employee within one week after his second final conviction, the license is not subject to revocation under this subparagraph.) or       (3)   use by the licensee of a trade name for his motor vehicle repair business other than the one registered with the director.    (b)   The director shall send written notice of a revocation to the licensee by certified mail, return receipt requested, setting forth the reasons for the revocation. (Ord. 14487) SEC. 50-120.   APPEAL FROM REFUSAL TO ISSUE OR RENEW LICENSE; FROM DECISION TO REVOKE LICENSE.    If the director refuses to approve the issuance of a license or the renewal of a license to an applicant, or revokes the license issued to a licensee under this article, this action is final unless the applicant or licensee files an appeal with a permit and license appeal board in accordance with Section 2-96 of this code. (Ord. Nos. 14487; 18200) SEC. 50-121.   POWERS AND DUTIES OF THE DIRECTOR.    In addition to the powers and duties elsewhere prescribed in this chapter the director is required to:       (1)   administer and enforce all provisions of this article;       (2)   keep records of all licenses issued, suspended, or revoked;       (3)   adopt rules and regulations, not inconsistent with the provisions of this article, with respect to the form and content of applications for licenses, the investigation of applicants, and other matters incidental or appropriate to his powers and duties as may be necessary for the proper administration and enforcement of the provisions of this article; and       (4)   conduct, on his own initiative, periodic investigations of motor vehicle repair establishments throughout the city concerning their compliance with this article. (Ord. 14487) SEC. 50-122.   SCHEDULE OF CHARGES.    (a)   Before taking custody of a motor vehicle, the licensee or his agent, shall provide the owner or his agent, with a written itemized schedule of charges, if such charges are made, to include the following items:       (1)   charges for making an estimate of repairs;       (2)   total charges for release of the motor vehicle in a disassembled state if it is not repaired;       (3)   total charges for release of the motor vehicle in reasonably the same condition as when delivered to licensee if repairs are not made;       (4)   storage charges;       (5)   towing charges; and       (6)   itemized list of all other charges, other than those included in the estimate.    (b)   Except for the estimate price a licensee shall not charge a person for a service not recorded on the schedule of charges. The licensee shall retain one copy of the schedule of charges signed by the motor vehicle owner or his agent for a period of one year.    (c)   If the motor vehicle is brought to the licensee’s establishment by a towing service, which is either an agent of the motor vehicle owner or an agent of the licensee, and there is no opportunity for licensee to present a schedule of charges to the owner before taking custody, the licensee shall provide, either in writing or by telephone, a schedule of charges at the time of giving the estimate of repairs.    (d)   If a schedule of charges is given by telephone, the licensee or his agent shall record in writing on the work order or invoice, the date, time, name of the person authorizing repairs, and the telephone number called. (Ord. Nos. 14487; 16476) SEC. 50-123.   DISCLOSURE OF LOCATION OF REPAIRS, COST OF REPAIRS, TIME TO COMPLETE.    (a)   If none of the repairs are to be performed by licensee at licensee’s establishment, then before taking custody of a motor vehicle, the licensee or his agent shall disclose to the owner or his agent, the trade name, address, and telephone number where the vehicle will be repaired.    (b)   Before disassembling a major component of the motor vehicle, the licensee or his agent shall disclose to the owner or his agent that a major component of the motor vehicle will need to be disassembled in order for an estimate to be made.    (c)   Prior to repair work being performed on a motor vehicle, the licensee or his agent shall provide the owner or his agent, either in writing or by telephone, an estimate of total charges for repairs, not including sales tax, and an estimate of time to complete the repairs. A licensee is not required to give an estimate of total charges for repairs and an estimate of time to complete repairs for a job of $15 or less.    (d)   After receiving the estimate, the owner or his agent may either authorize the repairs at the estimate of cost and time or request return of the motor vehicle in a disassembled state or in reasonably the same condition as when released to the licensee, in which case the licensee or his agent shall make the motor vehicle available for possession within three working days from the time of request, and shall receive payment only for those items on the schedule of charges to which he is entitled. If authorization of an estimate of total charges for repairs or an estimate of time to complete repairs is made by telephone, the licensee or his agent shall record in writing on the work order or invoice, the date, time, name of the person authorizing the repairs, and the telephone number called together with a list of parts, labor, and the total cost.    (e)   A licensee shall not charge for repairs an amount exceeding the estimate by more than 10 percent or $10, whichever is greater, unless the owner or his agent is notified by telephone or in writing and authorizes the increased cost estimate. If authorization of an increased cost estimate is made by telephone, the licensee or his agent shall record in writing on the work order or invoice, the date, time, name of the person authorizing the additional cost, and the telephone number called together with a list of additional parts, labor, and the total additional cost.    (f)   Should the licensee be unable to complete the repairs in the time estimated, he shall notify the owner or his agent of this fact, after which notification the owner or his agent may request return of the motor vehicle in either an assembled or disassembled state, in which case the licensee or his agent shall make the motor vehicle available for possession within three working days from the date of request and the licensee shall receive payment for the work actually done and those items on the schedule of charges to which he is entitled. If authorization of an extended estimate of time to repair is made by telephone, the licensee or his agent shall record in writing on the work order or invoice, the date, time, name of the person authorizing the repairs, and the telephone number called.    (g)   The licensee or his agent shall give the owner or his agent a copy of all documents that require the signature of the owner or his agent at the time the documents are signed.    (h)   Other than the disclosures required by this article and the following standard work order agreement provisions, if any other preprinted provision is stipulated on a document which the customer signs it must be in eight point type. If any provisions appear on a side other than that which the customer signs, a notice must appear just above the customer’s signature calling attention to additional terms and conditions and their location on the document. For the purposes of this section, the standard work order agreement provisions are as follows:       (1)   authorization of repairs to be made;       (2)   permission to operate motor vehicle;       (3)   acknowledgment of mechanic’s lien to secure amount of repairs; and       (4)   limitation on liability for loss or damage. (Ord. Nos. 14487; 16476) SEC. 50-124.   DETAILED INVOICE REQUIRED; RETURN OF REPLACED PARTS.    (a)   The licensee shall record all work performed on an invoice describing all service work done and all parts supplied with reasonable particularity, identifying parts by name and the exact charge for each. If used, rebuilt, or reconditioned parts are supplied, the invoice shall clearly state that fact. The licensee shall disclose the trade name, business address, and business telephone number of the licensee on the invoice unless licensee has its address currently listed in the city of Dallas telephone directory. One copy shall be given to the customer and one copy retained by the licensee for a period of at least one year. Invoices and records pertaining to the invoices shall be open for reasonable inspection by the director.    (b)   The licensee shall return replaced parts to the customer if requested by the owner or his agent when the estimate is given, except those parts which must be returned to the manufacturer or distributor under warranty or for exchange. (Ord. 14487) SEC. 50-125.   DISCLOSURE REQUIRED FOR WARRANTY.    (a)   If a licensee provides a warranty or pro rata warranty on repair parts and labor, he shall put it in writing and give a legible copy to the customer. The customer’s copy of the warranty must contain:       (1)   the nature and extent of the warranty including a description of parts or services included or excluded from the warranty;       (2)   the duration of the warranty and requirements to be performed by warrantee before the warrantor will fulfill the warranty;       (3)   all conditions, limitations, and the manner in which the warrantor will fulfill the warranty, such as repair, replacement, or refund;       (4)   any options of the warrantor or warrantee; and       (5)   the warrantor’s identity and address.    (b)   When repair or diagnostic work is performed pursuant to a warranty, licensee shall give an estimate of time to complete the repairs as required in Section 50-123. (Ord. 14487) SEC. 50-126.   ADVERTISING.    (a)   A licensee shall disclose in any published or broadcasted advertisement relating to motor vehicle repair the following information:       (1)   the name of the licensee, as shown on the license;       (2)   the street address of the motor vehicle repair establishment unless the licensee has its address currently listed in the city of Dallas telephone directory; and       (3)   if an establishment does not perform repairs on motor vehicles but takes custody of motor vehicles and contracts all repairs to another, it must advertised that it is a motor vehicle repair brokerage business.    (b)   An advertisement by a licensee of a warranty which provides for adjustment on a pro rata basis, shall conspicuously disclose the basis on which the warranty will be prorated.    (c)   It shall be unlawful for a licensee to advertise in any manner, the fact that he is a holder of a city motor vehicle repair license. (Ord. 14487) SEC. 50-127.   UNNECESSARY REPAIRS; CHARGING FOR WORK NOT PERFORMED.    (a)   A person shall not intentionally make repairs upon a motor vehicle which are not bona fide and not necessary to correct the malfunction for repair of which his services were sought.    (b)   A person shall not represent that he has performed work or replaced parts on a motor vehicle when he has not performed the work or replaced the parts. (Ord. 14487) SEC. 50-128.   EXEMPTIONS.    (a)   A person engaged in the business of adding fluids only to motor vehicles is exempted from the provisions of this article.    (b)   A licensee who enters into a contract with a commercial, industrial, or governmental entity to repair motor vehicles belonging to the entity subject to terms established in the contract, is exempted from the provisions of Sections 50-122 and 50-123 while in the performance of repairs pursuant to the contract. (Ord. Nos. 14487; 16476) SEC. 50-129.   SIGN GIVING CUSTOMER NOTICE REQUIRED.    A licensee shall display a sign in a conspicuous place near the service entrance where the customer normally brings his motor vehicle for repair work. The sign shall be not less than 24 inches by 26 inches in size, with 72 point bold face type used for the heading and 48 point bold face type used for the wording in the list. The sign shall contain precisely the following words only: IN COMPLIANCE WITH THE MOTOR VEHICLE REPAIR ORDINANCE OF THE CITY OF DALLAS THIS FIRM IS PLEASED TO FURNISH EACH CUSTOMER WITH:       (1)   AN ESTIMATE FOR COST OF ALL REPAIR WORK IN EXCESS OF $15.00.       (2)   AN ESTIMATE OF TIME TO COMPLETE REPAIR WORK.       (3)   A DETAILED INVOICE OF WORK DONE AND PARTS SUPPLIED.       (4)   RETURN OF REPLACED PARTS OTHER THAN THOSE WHICH MUST BE RETURNED TO THE MANUFACTURER OR DISTRIBUTOR IF REQUESTED AT THE TIME ESTIMATE IS GIVEN.       (5)   A COPY OF ANY DOCUMENT THAT REQUIRES YOUR SIGNATURE. (Ord. 14487) SEC. 50-130.   PENALTY.    Any person violating any provision of this article shall, upon conviction, be subject to a fine of not less than $50 and not more than $500. (Ord. Nos. 14487; 19963) ARTICLE X. HOME REPAIR. SEC. 50-131.   ARTICLE DEFINITIONS.    The definition of a term in this section applies to each grammatical variation of the term. In this article, unless the context requires a different definition:       (1)   DIRECTOR means the director of the department designated by the city manager to enforce and administer this article or the director’s authorized representative.       (2)   CONTRACTOR means a person who contracts (whether written, oral, express, or implied) to perform a home repair for another but does not include a person who performs a home repair in the capacity of an employee.       (3)   EMPLOYEE means a person in the service of another under a contract for hire (whether written, oral, express, or implied) under circumstances in which the employer has the power or right to control and direct the person in the material details of performing the work.       (4)   HOME REPAIR means the addition, improvement, remodeling, repair, or replacement to an existing single-family or duplex dwelling or to the fixtures, land, or other permanent structures that are part of the premises on which the dwelling is located, and includes, but is not limited to, addition, improvement, remodeling, repair, or replacement of driveways, swimming pools, porches, garages, landscaping, fences, roofs, floor covering, and central heat and air conditioning. Home repair does not include addition, improvement, remodeling, repair, or replacement of removable appliances or furnishings (as illustrated by, but not limited to, stoves, refrigerators, window air conditioners, and draperies).       (5)   HOME REPAIR LICENSE means a license issued under this article.       (6)   LICENSEE means a person who holds a home repair license issued to him under this article.       (7)   OWNER means a person who is entitled under a contract (whether written, oral, express, or implied) to the performance of a home repair.       (8)   PERSON means an individual, corporation, government or governmental subdivision, agency, trust, partnership, of two or more persons having a joint or common economic interest. (Ord. Nos. 16476; 17226) SEC. 50-132.   ADMINISTRATION OF ARTICLE.    The director shall administer and enforce this article and may establish such rules, not inconsistent with this article, as he determines are necessary to implement this article. (Ord. 14990) SEC. 50-133.   ARTICLE CUMULATIVE.    This article is cumulative of other city ordinances and does not affect the operation of other city ordinances applicable to persons or activity regulated under this article. (Ord. 14990) SEC. 50-134.   HOME REPAIR LICENSE REQUIRED.    A person who is not a licensee shall not perform, agree to perform, or advertise or represent that he will perform a home repair for compensation. (Ord. Nos. 14990; 16476) SEC. 50-135.   LICENSE EXEMPTIONS.    (a)   A person who is not a licensee may perform or agree to perform a home repair for compensation if:       (1)   city licensing of persons engaged in the kind of home repair performed or agreed to be performed is prohibited under state law;       (2)   he is an electrical contractor or plumbing contractor licensed or registered under city ordinance, and the kind of home repair performed or agreed to be performed is authorized by the city license or registration; or       (3)   he is an employee of the contractor or owner.    (b)   This section does not exempt a person from the duty to comply with Sections 50-141 and 50-142 or from prosecution under Section 50-143(a)(2), (3), (4), (5) or (6). (Ord. 14990) SEC. 50-136.   LICENSE APPLICATION, EXPIRATION, AND RENEWAL.    (a)   A person may not obtain a home repair license unless he applies for a license in the manner prescribed by this section.    (b)   Repealed by Ord. 16476.    (c)   A person desiring to obtain a home repair license shall file with the director a written, verified application on a form supplied by the director containing the following:       (1)   name, address, and telephone number of the individual filing the application;       (2)   business or trade name, address, and telephone number of the applicant;       (3)   form of business of the applicant and:          (A)   if an unincorporated association, the names and addresses of the associates;          (B)   if a corporation, the registered name of the corporation; or          (C)   if an individual proprietorship, the name and address of the proprietor;       (4)   name and address of an individual designated by the applicant to receive notice issued under this article;       (5)   signature of the applicant; and       (6)   such other information as the director determines is necessary to evaluate the license application or to otherwise promote effective administration or enforcement of this article.    (d)   A licensee desiring to renew his license shall file a written, verified request for renewal with the director. A renewal request must be made on a form supplied by the director, filed not fewer than 10 days before the license expires, and signed by the licensee. The licensee shall furnish with his renewal request such information as the director determines is necessary to evaluate the renewal request or to otherwise promote effective administration or enforcement of this article.    (e)   Upon the filing of a license application or renewal request, the director shall conduct an investigation to determine whether the following requirements and qualifications are satisfied:       (1)   the information contained in the license application or renewal request is true; and       (2)   the applicant or licensee, an individual who is a business associate of the applicant or licensee, or an individual who is a corporate officer of the applicant or licensee, in the applicant or licensee’s home repair business, or a current employee of the applicant or licensee has not been convicted twice in municipal court under Section 50-143 within the two years immediately preceding the date that the license application or renewal request is filed. The time period between conviction in municipal court and final disposition on appeal of the conviction is not included in calculating the two-year period if the conviction is affirmed; and       (3)   The applicant or licensee, an individual who is a business associate of the applicant or licensee, or an individual who is a corporate officer of the applicant or licensee, in the applicant or licensee’s home repair business, has not had a home repair license revoked within the year immediately preceding the date the license application or renewal request is filed.    (f)   If the director determines that a license application or renewal request satisfies the requirements and qualifications prescribed by Subsection (e) of this section, the director shall issue or renew the home repair license; otherwise, the director shall deny the license application or renewal request.    (g)   The director shall within 10 days of the date of application notify in writing a license applicant or licensee requesting renewal, of the issuance of a license, renewal of a license, or denial of a license application or renewal request. In the case of notice of a denial of a license application or renewal request, the director shall include in the notice the reason for the denial and a statement informing the applicant or licensee of his right of appeal.    (h)   If, after a licensee requests renewal of his license in accordance with Subsection (d) of this section, the license expires before the director acts on the request, the licensee may temporarily operate under his expired license pending the determination of the renewal request by the director, or in the case of an appeal of a denial of a renewal request, pending the decision of the permit and license appeal board. (Ord. Nos. 14990; 16476; 18200) SEC. 50-137.   LICENSE FEES.    (a)   The fee for a home repair license is $117 a year.    (b)   The fee for issuance of a duplicate home repair license for a license that is destroyed or lost is $20.    (c)   License fees required under this section are not refundable and are payable to the director upon issuance or renewal of the license. The director may not issue or renew a home repair license before the fee is paid. (Ord. Nos. 14990; 16476; 18411; 18876; 19300; 20076; 26478; 29879; 31332; 32556) SEC. 50-138.   REVOCATION OF LICENSE.    (a)   The director shall revoke a home repair license if he determines that:       (1)   the licensee knowingly made a false representation as to a material matter in a license application, license renewal request, or hearing concerning the license; or       (2)   the licensee identified himself with a business or trade name other than that filed with the director; or       (3)   the licensee, an individual who is a business associate of the licensee, an individual who is a corporate officer of the licensee, or a current employee of the licensee, while he was in licensee’s employment, has been convicted in municipal court within a two-year period of two or more offenses prescribed by Section 50-143. (The director shall give notice to a licensee on the date formal charges are filed against an employee of the licensee. If a licensee discharges a convicted employee within one week after his second final conviction, the licensee is not subject to revocation under this subparagraph.) The time period between conviction in municipal court and final disposition on appeal of the conviction is not included in calculating the two-year period if the conviction is affirmed; or       (4)   the licensee has knowingly subcontracted with or employed, for the performance of work which requires state or city professional licensing or registration, a person who does not have the requisite license or registration, or in the alternative has negligently failed to ascertain the person’s qualifications prior to subcontracting with or employing the person;       (5)   the licensee knowingly misrepresented the quality or quantity of a material or service:          (A)   used or rendered in connection with a home repair performed or agreed to be performed by the licensee; or          (B)   offered or advertised in connection with the licensee’s home repair business; or       (6)   the licensee knowingly misrepresented the price of a material or service:          (A)   used or rendered in connection with a home repair performed or agreed to be performed by the licensee; or          (B)   offered or advertised in connection with the licensee’s home repair business.    (b)   The director shall notify the licensee in writing of a revocation and include in the notice the reasons for the revocation, the date the director orders the revocation and the date the order is to take effect, and a statement informing the licensee of his right of appeal.    (c)   A home repair license becomes void on the effective date of notification issued under Subsection (b) of this section, and the licensee shall surrender the revoked license at the demand of the director. However, if the licensee appeals the revocation, the licensee may continue to operate under his license pending the appeal. (Ord. Nos. 14990; 18200) SEC. 50-139.   APPEALS.    A person may appeal a denial of a home repair license application, denial of a renewal request, or revocation of a license if the person files an appeal with a permit and license appeal board in accordance with Section 2-96 of this code. (Ord. Nos. 14990; 18200) SEC. 50-140.   NOTICE.    Notice required or authorized under this article must be served on the person to be notified personally or by mailing to the person at the address last-known to the director. Notice to a licensee may be given to a person designated by the licensee to receive notice. The effective date of notice required or authorized under this article is the date the notice is personally served or postmarked, as the case may be. (Ord. 14990) SEC. 50-141.   REGULATIONS FOR HOME REPAIRS UNDER $500.    A contractor who performs or agrees to perform a home repair for a price of less than $500 shall furnish the owner, upon completion of the home repair, a written memorandum (as illustrated by, but not limited to, a work order, invoice or bill) containing:       (1)   the name and address of the contractor;       (2)   a description of the home repair performed and materials supplied, stated in a manner consistent with generally accepted local trade practice; and       (3)   a statement of the price of the home repair that includes each charge incurred by the owner and due to the contractor in connection with the home repair. (Ord. 14990) SEC. 50-142.   REGULATIONS FOR HOME REPAIRS OF $500 OR MORE.    A contractor who performs of agrees to perform a home repair for a price of $500 or more shall comply with the following regulations:       (1)   Before beginning the home repair, the contractor shall furnish the owner with a written contract for the home repair containing (but not limited to):          (A)   the name and address of the contractor;          (B)   the approximate beginning and ending dates for the home repair job. (This requirement does not prohibit or limit contract provisions providing for contingent delays);          (C)   a description of the home repair job and materials to be used in the job, stated in a manner consistent with generally accepted local trade practice; and          (D)   the consideration for the home repair and a statement of the other charges to be incurred by the owner under the contract (as illustrated by, but not limited to, taxes, permit fees, and material costs).       (2)   Before completion of the home repair, the contractor shall furnish the owner with a written memorandum of any changes in the home repair contract made subsequent to its execution. (Ord. 14990) SEC. 50-143.   OFFENSES.    (a)   A person commits an offense if he:       (1)   violates Section 50-134; or       (2)   violates Section 50-141; or       (3)   violates Section 50-142; or       (4)   fails to perform a duty imposed under a home repair contract, without legal excuse or justification, and with intent to violate the contract; or       (5)   advertises that he is a home repair licensee; or       (6)   intentionally interferes with the director in the performance of his duty or exercise of his authority.    (b)   A culpable mental state is not required for the commission of an offense under this section unless the provision defining the offense expressly requires a culpable mental state.    (c)   It is a defense to prosecution for the offense prescribed by Subsection (a)(1) of this section that the actor is a person who by virtue of Section 50-135 is not required to obtain a home repair license.    (d)   An offense committed under this section is punishable by a fine of not more than $500.    (e)   Prosecution for an offense under this section does not prevent the use of other enforcement remedies or procedures applicable to the person charged with or the conduct involved in the offense. (Ord. Nos. 14990; 19963) ARTICLE XI. CREDIT SERVICES ORGANIZATIONS AND CREDIT ACCESS BUSINESSES. Division 1. General Provisions. SEC. 50-144.   PURPOSE OF ARTICLE.    The purpose of this article is to protect the welfare of the residents and consumers in the city of Dallas by monitoring credit services organizations and credit access businesses in an effort to reduce abusive and predatory lending practices. To this end, this article establishes a registration program for credit services organizations and credit access businesses, imposes restrictions on extensions of consumer credit made by credit services organizations and credit access businesses, and imposes recordkeeping requirements on credit services organizations and credit access businesses. (Ord. Nos. 28287, eff. 1-1-12; 31747) SEC. 50-145.   DEFINITIONS.    In this article:       (1)   CERTIFICATE OF REGISTRATION means a certificate of registration issued by the director under this article to the owner or operator of a credit services organization or credit access business.       (2)   CONSUMER means an individual who is solicited to purchase or who purchases or seeks the services of a credit services organization or credit access business.       (3)   CREDIT ACCESS BUSINESS has the meaning given that term in Section 393.601 of the Texas Finance Code, as amended.       (4)   CREDIT ACCESS BUSINESS FEES mean the fees charged by a credit access business pursuant to Section 393.602 of the Texas Finance Code, as amended.       (5)   CREDIT SERVICES ORGANIZATION has the meaning given that term in Section 393.001 of the Texas Finance Code, as amended.       (6)   DEFERRED PRESENTMENT TRANSACTION has the meaning given that term in Section 393.601 of the Texas Finance Code, as amended.       (7)   DIRECTOR means the director of the department designated by the city manager to enforce and administer this article and includes any representatives, agents, or department employees designated by the director.       (8)   EXTENSION OF CONSUMER CREDIT has the meaning given that term in Section 393.001 of the Texas Finance Code, as amended.       (9)   EXTENSION OF CONSUMER CREDIT TRANSACTION means the entirety of the agreements made by a consumer to obtain an extension of consumer credit, and includes any loan agreement between the lender and the consumer, and any fee agreement between the credit services organization or credit access business.       (10)   MOTOR VEHICLE TITLE LOAN has the meaning given that term in Section 393.601 of the Texas Finance Code, as amended.       (11)   OWNER means any person who directly or indirectly owns a credit services organization or a credit access business. For publicly traded companies, the term means any person who directly or indirectly owns or controls 10 percent or more of the outstanding shares of stock in the credit services organization or credit access business.       (12)   PERSON means any individual, corporation, organization, partnership, association, financial institution, or any other legal entity.       (13)   REGISTRANT means a person issued a certificate of registration for a credit services organization or a credit access business under this article and includes all owners and operators of the credit access business identified in the registration application filed under this article.       (14)   STATE LICENSE means a license to operate a credit access business issued by the Texas Consumer Credit Commissioner under Chapter 393, Subchapter G of the Texas Finance Code, as amended.       (15)   VALUABLE CONSIDERATION means the consideration described in Section 393.001(3) of the Texas Finance Code, as amended. Valuable consideration includes an immediate payment and any future payments in exchange for an extension of consumer credit as described in Section 393.001(3)(B) of the Texas Finance Code, as amended, or advice or assistance with regard to an extension of consumer credit as described in Section 393.001(3)(B) of the Texas Finance Code, as amended. (Ord. Nos. 28287; 31747) SEC. 50-146.   VIOLATIONS; PENALTY.    (a)   A person who violates a provision of this article, or who fails to perform an act required of the person by this article, commits an offense. A person commits a separate offense each day or portion of a day during which a violation is committed, permitted, or continued.    (b)   An offense under this article is punishable by a fine of not more than $500.    (c)   The culpable mental state required for the commission of an offense under this article is governed by Section 1-5.1 of this code.    (d)   Except as provided in Subsection (e), each day that a violation occurs is a separate offense.    (e)   Each extension of consumer credit transaction is a separate offense if the extension of consumer credit transaction violates Section 50-151.4 or Section 50-151.6.    (f)   The penalties provided for in Subsection (b) are in addition to any other enforcement remedies that the city may have under city ordinances and state law. (Ord. 28287) SEC. 50-147.   DEFENSE.    It is a defense to prosecution under this article that at the time of the alleged offense the person was not required to be licensed by the state as a credit services organization or credit access business under Chapter 393 of the Texas Finance Code, as amended. (Ord. Nos. 28287; 31747) Division 2. Registration of Credit Services Organizations and Credit Access Businesses. SEC. 50-148.   REGISTRATION REQUIRED.    (a)   A person commits an offense if the person acts, operates, or conducts business as a credit services organization or credit access business without a valid certificate of registration. A certificate of registration is required for each physically separate credit services organization and credit access business.    (b)   A person operating a business as both a credit services organization and a credit access business at the same location may obtain one certificate of registration for both per location. (Ord. Nos. 28287; 31747) SEC. 50-149.   REGISTRATION APPLICATION.    (a)   To obtain a certificate of registration for a credit services organization or credit access business, a person must submit an application on a form provided by the city for that purpose to the director. The application must contain the following:       (1)   The business or trade name, street address, mailing address, facsimile number, and telephone number of the credit services organization or credit access business.       (2)   The names, street addresses, mailing addresses, and telephone numbers of all owners of the credit services organization or credit access business and other persons with a financial interest in the credit services organization or credit access business, and the nature and extent of each person's interest in the credit services organization or credit access business.       (3)   A copy of a current, valid state registration statement held by the credit services organization pursuant to Section 393.101 of the Texas Finance Code, as amended.       (4)   A copy of a current, valid state license held by the credit access business pursuant to Section 393.603 of the Texas Finance Code, as amended.       (5)   A copy of a current, valid city certificate of occupancy showing that the credit services organization or credit access business is in compliance with the Dallas Development Code.       (6)   A non-refundable application fee of $28.    (b)   An applicant or registrant shall notify the director within 45 days after any material change in the information contained in the application for a certificate of registration, including, but not limited to, any change of address and any change in the status of the state license or state registration statement held by the applicant or registrant. (Ord. Nos. 28287; 29879; 31332; 31747; 32556) SEC. 50-150.   ISSUANCE AND DISPLAY OF CERTIFICATE OF REGISTRATION; PRESENTMENT UPON REQUEST.    (a)   The director shall issue to the applicant a certificate of registration upon receiving a completed application under Section 50-149.    (b)   A certificate of registration issued under this section must be conspicuously displayed to the public in the credit services organization or credit access business. The certificate of registration must be presented upon request to the director or any peace officer for examination. (Ord. Nos. 28287; 31747) SEC. 50-151.   EXPIRATION AND RENEWAL OF CERTIFICATE OF REGISTRATION.    (a)   A certificate of registration expires on the earlier of:       (1)   one year after the date of issuance; or       (2)   if the certificate of registration is held by a credit access business, on the date of expiration, revocation, or other termination of the credit access business's state license.    (b)   A certificate of registration may be renewed by making application in accordance with Section 50-149. A registrant shall apply for renewal at least 30 days before the expiration of the registration. (Ord. Nos. 28287; 31747) SEC. 50-151.1.   NONTRANSFERABILITY.    A certificate of registration for a credit services organization or credit access business is not transferable. (Ord. 28287; 31747) Division 3. Miscellaneous Requirements for Credit Services Organizations and Credit Access Businesses. SEC. 50-151.2.   MAINTENANCE OF RECORDS.    (a)   A credit services organization and a credit access business shall maintain a complete set of records of all extensions of consumer credit transactions:       (1)   that the credit services organization or credit access business arranged or obtained for a consumer; and       (2)   on which the credit services organization or credit access business provide advice or assistance to a customer.    (b)   A complete set of records must include the following information:       (1)   The name and address of the consumer.       (2)   The principal amount of cash actually advanced.       (3)   The fees charged to arrange or obtain an extension of consumer credit.       (4)   The fees charged to advise or assist a consumer in obtaining an extension of credit.       (5)   The documentation used to establish a consumer's income under Section 50-151.3.       (6)   A copy of each written agreement, between the credit services organization or credit access business and a customer, evidencing an extension of consumer credit including, but not limited to, any refinancing or renewal agreement with the consumer.       (7)   Whether any part of the extension of consumer credit transaction has been refinanced or renewed and, if so, the number of refinances or renewals made.       (8)   A copy of each written agreement between the lender and consumer.    (c)   A credit access business shall maintain, and file with the director, copies, in a format prescribed by the director, of all annual reports, quarterly reports, and all revisions and updates to those reports, filed with the Texas Consumer Credit Commissioner under Chapter 393 of the Texas Finance Code, as amended. The reports, revisions, and updates must be submitted to the director within five business days of being submitted to the Texas Consumer Credit Commission.    (d)   The records required to be maintained by a credit services organization or credit access business under this section must be retained for at least three years and, to the extent not filed with the director, made available for inspection by the city upon request during the usual and customary business hours of the credit services organization or credit access business. (Ord. Nos. 28287; 31747) SEC. 50-151.3.   CONSUMER RIGHT TO COPY OF AGREEMENT.    (a)   A credit services organization and a credit access business shall give to the consumer, upon request, a printed copy of a signed contract, and any other document the credit services organization or credit access business requires a consumer to sign or acknowledge reading.    (b)   All contracts and other documents that a credit services organization or credit access business requires the consumer to sign or acknowledge reading shall be in the language in which the contract was negotiated and explained to the consumer. (Ord. 31747) SEC. 50-151.4.   RESTRICTIONS ON EXTENSIONS OF CONSUMER CREDIT.    (a)   A credit services organization or credit access business shall not obtain for a consumer, or assist a consumer in obtaining, a cash advance under an extension of consumer credit transaction that exceeds 20 percent of the consumer's gross monthly income.    (b)   A credit services organization or credit access business shall not obtain for a consumer, or assist a consumer in obtaining, a cash advance in the form of a motor vehicle title loan that exceeds the lesser of:       (1)   three percent of the consumer's gross annual income; or       (2)   70 percent of the retail value of the motor vehicle.    (c)   A credit services organization or credit access business shall use a paycheck, bank statement, IRS Form W-2 from the previous tax year, the previous year's tax return, a signed letter from an employer, or other similar documentation establishing income to determine a consumer's income.    (d)   A credit services organization or credit access business that obtains for a consumer or advises or assists a consumer in obtaining an extension of consumer credit shall, by the terms of the extension of consumer credit transaction:       (1)   require payment of the total amount of the extension of consumer credit transaction, including any principal, interest, and fees, valuable consideration, credit access business fees, and any other charges or costs, in four or fewer payments; and       (2)   reduce by at least 25 percent per payment the total amount of the extension of consumer credit transaction, including any principal, interest, fees, valuable consideration, credit access business fees, and any other charges.    (e)   A credit services organization or credit access business shall not refinance or renew any part of an extension of consumer credit transaction, unless the total amount of the extension of the consumer credit transaction, including any principal, interest, fees, valuable consideration, credit access business fees, and any other charges or costs, is due in a single payment.    (f)   A credit services organization or credit access business that refinances or renews an extension of consumer credit transaction under Subsection (e):       (1)   may not refinance or renew the extension of credit transaction more than three times; and       (2)   the minimum payment amount due to refinance or renew such extension of consumer credit transaction must reduce by at least 25 percent the total amount of the extension of consumer credit transaction, including any principal, interest, fees, valuable consideration, credit access business fees, and any other charges or costs, such that the total amount owed by the consumer is paid in full after a maximum of three refinances or renewals.    (g)   For purposes of this section, an extension of consumer credit that is made to a consumer within seven days after a previous extension of consumer credit transaction has been paid by the consumer constitutes a refinancing or renewal. (Ord. Nos. 28287; 31747) SEC. 50-151.5.   REFERRAL TO CONSUMER CREDIT COUNSELING.    (a)   A credit services organization and a credit access business shall provide a list of non-profit agencies that provide financial education, training programs, or cash assistance programs to each consumer who seeks to obtain or seeks advice or assistance on obtaining an extension of consumer credit. The list must be on a form approved by the director and contain information regarding extensions of consumer credit.    (b)   A credit services organization and a credit access business must conspicuously display a poster, or other similar document, that contains information regarding extensions of consumer credit, as prescribed by the director. The organization or business must display the poster or similar document so that it is clearly visible to each consumer who enters the facility. (Ord. 31747) SEC. 50-151.6.   RESTRICTIONS ON NON-DEFERRED PRESENTMENT OR MOTOR VEHICLE TITLE LOAN EXTENSIONS OF CONSUMER CREDIT.    (a)   This section applies to an extension of consumer credit transaction that a credit services organization obtains or arranges for a consumer or provides advice or assistance to obtain and that is not a deferred presentment transaction or a motor vehicle title loan.    (b)   The sum of all valuable consideration, fees, or other charges owed by the consumer to the credit services organization may not exceed 0.1 percent per day of the outstanding balance of the extension of consumer credit. (Ord. 31747) SEC. 50-151.7.   COMPLIANCE REQUIRED.    A person may not knowingly use a device, subterfuge, or pretense to evade the application of this article. (Ord. 31747) ARTICLE XII. STREET VENDORS. Division 1. In General. SEC. 50-152.   DECLARATION OF POLICY.    It is the policy of the city to promote the protection of the public health, safety, and welfare by the regulation of street vendors operating inside the city. The provisions of this article are to be construed, according to the fair import of their terms, to effect this policy. (Ord. Nos. 16309; 29023) SEC. 50-153.   GENERAL AUTHORITY AND DUTY OF THE DIRECTOR.    The director shall implement and enforce this article. The director may prescribe rules and regulations governing the conduct of street vendors not inconsistent with the provisions of this article, including, but not limited to, the designation of zones and sites from which street vendors may operate. (Ord. Nos. 16309; 17675; 29023) SEC. 50-154.   AUTHORITY TO INSPECT.    The director, any representative of the city health officer or environmental health officer, or a peace officer may inspect any street vendor and the business procedure of a street vendor operating under this article to determine whether the vendor is complying with this article, regulations established under this article, and any other applicable city ordinance or state or federal law. (Ord. 29023) SEC. 50-155.   OFFENSES; PENALTIES.    (a)   A person who violates a provision of this article, or who fails to perform an act required of the person by this article, commits an offense. A person commits a separate offense each day or portion of a day during which a violation is committed, permitted, or continued.    (b)   An offense under this article is punishable by a fine of not less than $25 or more than $500, except that a second or subsequent conviction for the same offense within a period of less than one year from the first conviction is punishable by a fine of not less than $100 or more than $500.    (c)   The culpable mental state required for the commission of an offense under this article is governed by Section 1-5.1 of this code.    (d)   The penalties provided for in Subsection (b) are in addition to any other enforcement remedies and penalties that the city may have under city ordinances and state law. Prosecution for an offense under this article does not prevent the use of other administrative enforcement remedies or procedures applicable to the conduct involved in the offense. (Ord. 29023) SEC. 50-156.   ARTICLE CUMULATIVE.    The provisions of this article and other city ordinances are cumulative law, and this chapter does not prevent enforcement of another city ordinance that regulates an area covered by this article and is otherwise applicable. (Ord. Nos. 16309; 29023) SEC. 50-157.   DEFINITIONS.    In this article:       (1)   AGENT means any person employed by or contracting with:          (A)   the holder of a central business district concession license to sell or distribute goods or services under the license; or          (B)   any other street vendor.       (2)   ARTS DISTRICT means the area of the city bounded by Woodall Rogers Freeway on the north, Central Expressway (elevated bypass) on the east, Ross Avenue on the south, and St. Paul Street on the west.       (3)   CBD CORE DISTRICT means the area of the city contained within the boundaries of the central business district, but that does not include the arts district and the West End district.       (4)   CENTRAL BUSINESS DISTRICT (CBD) means the area of the city bounded by Woodall Rogers Freeway on the north, Central Expressway (elevated bypass) on the east, R. L. Thornton Freeway on the south, and Stemmons Freeway on the west. The central business district includes:          (A)   the arts district;          (B)   the CBD core district; and          (C)   the West End district.       (5)   COMMERCIAL PRINTED MATTER means any printed or written matter, whether on a sample, device, dodger, circular, leaflet, pamphlet, paper, or booklet, and whether printed, reproduced, or copied, that:          (A)   advertises for sale any merchandise, product, commodity, or service;          (B)   directs attention to a business or commercial establishment or other activity for the purpose of either directly or indirectly promoting sales;          (C)   directs attention to or advertises a meeting, performance, exhibition, or event, for which an admission fee is charged for the purpose of private gain or profit, unless an admission fee is charged or a collection is taken up at the meeting, performance, exhibition, or event only for the purpose of defraying the expenses; or          (D)   while containing reading matter other than advertising matter, is predominantly and essentially an advertisement and is distributed or circulated for advertising purposes or for the private benefit and gain of any person so engaged as the advertiser or distributor.       (6)   DIRECTOR means the director of the department designated by the city manager to enforce and administer this article or the director’s authorized representative.       (7)   FOOD ESTABLISHMENT means a “food establishment” as defined in Chapter 17 of this code.       (8)   GOODS means property of every kind.       (9)   LICENSEE means a person issued a CBD concession license under this article.       (10)   MOBILE FOOD ESTABLISHMENT means a “mobile food establishment” as defined in Chapter 17 of this code.       (11)   PERSON means an individual, corporation, association, or other legal entity.       (12)   PUBLIC PROPERTY means any property open or devoted to public use or owned by the city, including, but not limited to, sidewalks, streets, parkways, or esplanades.       (13)   SERVICES means any work done for the benefit of another.       (14)   STREET VENDOR or VENDOR means a person who, personally or through an agent, engages in a business of selling or offering for sale goods or services from any structure or vehicle that is not affixed to the ground or from no structure or vehicle. The term does not include any person operating, or employed in the operation of, a licensed taxicab, limousine, bus, shuttle, non-motorized passenger transport vehicle, or motor vehicle tow service. The term does not include a stand that only offers the occasional sale of lemonade or other nonalcoholic beverages on private property or in a public park by an individual younger than 18 years of age.       (15)   VEHICLE means every device in, upon, or by which a person or property may be transported or drawn upon a street or sidewalk, including, but not limited to, devices moved by human power.       (16)   WEST END DISTRICT means the area of the city bounded by Woodall Rogers Freeway on the north; Lamar Street on the east; the MKT railroad tracks on the west; and a southern boundary consisting of and extending along Commerce Street from Lamar Street west to Austin Street, then along Austin Street north to Main Street, then along Main Street west to the MKT railroad tracks. (Ord. Nos. 16309; 17226; 17675; 18702; 29023; 31375) Division 2. Vending on Public Property. SEC. 50-158.   VENDORS ON PUBLIC PROPERTY.    (a)   A person commits an offense if the person, either personally or through an agent, occupies public property in the city for the purpose of selling, distributing, or offering for sale services or goods, including, but not limited to, food, drinks, flowers, plants, tickets, or souvenirs.    (b)   It is a defense to prosecution under this section that the person selling, distributing, or offering for sale services or goods:       (1)   is doing so in connection with the transaction of official government business;       (2)   is doing so by authority of a contract with the city to operate a concession on designated areas of public property;       (3)   is selling, distributing, or offering for sale only periodicals from a coin-operated machine by authority of a license to operate the machine;       (4)   is selling, distributing, or offering for sale goods or services from a vehicle by authority of and in compliance with a CBD concession license as provided for in this article;       (5)   is selling, distributing, or offering for sale vegetables, produce, or other perishable commodities at the Dallas Farmers Market (as defined in Section 29A-2 of this code), in compliance with Chapter 29A of this code and with the market’s agreements and covenants with the city;       (6)   is selling, distributing, or offering for sale a food or beverage from a mobile food establishment in accordance with Section 50-159 of this code;       (7)   is selling, distributing, or offering for sale goods or services as authorized by and in compliance with a special event permit;       (8)   is selling, distributing, or offering for sale only printed matter that is not commercial printed matter, including, but not limited to, newspapers and magazines, and the selling, distributing, or offering for sale is not being conducted from machines or other structures that occupy public property;       (9)   is operating a vehicle for hire;       (10)   is selling, distributing, offering for sale, or delivering the goods or services to a person in a structure or vehicle that is affixed to the ground, or to a person who possesses a special event permit or a CBD concession license; or       (11)   is not receiving remuneration from the person being given the goods or services, and the person distributing the goods or services does not use any type of vehicle or stand, any part of which touches the ground, when distributing the goods or services, and the method of distribution does not interfere with traffic flow on public streets or sidewalks.    (c)   In addition to any enforcement action by a peace officer or the director for a violation of this section, any person who is a victim of an act prohibited under this section, or who witnesses a violation of this section, may file a complaint with the city attorney. Evidence to support a conviction for a violation of this section may include, but is not limited to, testimony of witnesses, videotape evidence of the violation, and other admissible evidence.     (d)   This section does not apply to the occasional sale of lemonade or other nonalcoholic beverages from a stand in a public park by an individual younger than 18 years of age. (Ord. Nos. 16309; 16835; 17675; 18702; 19517; 19895; 25213; 29023; 31375) SEC. 50-159.   RESTRICTIONS FOR MOBILE FOOD ESTABLISHMENTS.    (a)   A mobile food establishment shall not occupy public or private property in the central business district for the purpose of serving, selling, or distributing any food or beverage unless the establishment is operating under the authority of and in compliance with:       (1)   a valid CBD concession license issued under this article; and       (2)   a valid mobile food establishment permit issued under Chapter 17 of this code.    (b)   A general service mobile food establishment, as described in Section 17-8.2 of this code, shall not occupy public property located outside the central business district for the purpose of serving, selling, or distributing any food or beverage.    (c)   It is a defense to prosecution under Subsections (a) and (b) of this section that the mobile food establishment was serving, selling, or distributing a food or beverage as authorized by and in compliance with:       (1)   a special event permit issued by the city; or       (2)   a contract with the city to operate a concession on designated areas of public property.    (d)   A mobile food establishment shall not sell, distribute, or offer for sale any goods or services within two city blocks or 600 feet, whichever is greater, of the grounds of any public, private, parochial, elementary, or secondary school located outside the central business district between the hours of 7:30 a.m. and 4:30 p.m. on days when the school is in session. (Ord. Nos. 17675; 29023) Division 3. Vending on Private Property. SEC. 50-160.   VENDORS ON PRIVATE PROPERTY.    (a)   A person commits an offense if he occupies any privately-owned property within the city for the purpose of conducting business as a street vendor.    (b)   It is a defense to prosecution under Subsection (a) of this section that:       (1)   the business was authorized by a valid certificate of occupancy or was otherwise specifically allowed under the Dallas Development Code or another city ordinance;       (2)   the person was conducting the street vending business in the central business district and:          (A)   possessed a valid CBD concession license issued under this article;          (B)   possessed a valid mobile food establishment permit issued under Chapter 17 of this code, if the person was a mobile food establishment;          (C)   had the written permission of an owner of the private property on which the business was conducted; and          (D)   was not conducting the business operation or using any structure in the business operation in violation of any applicable city ordinance or state or federal law or regulation; or       (3)   the person was a mobile food establishment conducting the street vending business outside the central business district and:          (A)   possessed a valid mobile food establishment permit issued under Chapter 17 of this code;          (B)   had the written permission of an owner of the private property on which the business was conducted; and          (C)   was not conducting the business operation or using any structure in the business operation in violation of any applicable city ordinance or state or federal law or regulation.    (c)   This section does not apply to the occasional sale of lemonade or other nonalcoholic beverages from a stand on private property by an individual younger than 18 years of age. (Ord. Nos. 29023; 31375)) Division 4. Entertainment in the Central Business District. SEC. 50-161.   ENTERTAINMENT PERFORMANCES IN THE CENTRAL BUSINESS DISTRICT.    (a)   A person who engages or wishes to engage solely in providing entertainment performances for the public free of charge in the central business district is not required to obtain a CBD concession license so long as no fees or monies are solicited from the public as remuneration for the entertainment and no goods or services are sold in connection with the performances. Voluntary contributions from members of the public may be accepted. A CBD concession license must be obtained if fees or monies are solicited from the public or if goods or services are sold in connection with the performances.    (b)   A person who wishes to provide entertainment in any portion of Stone Place, the public area surrounding Thanksgiving Square, Four-Way Place, or the Bullington Street Mall must obtain a permit from the chief of police as required in Section 31-22 of this code. (Ord. 29023) Division 5. Central Business District Concession Licenses. SEC. 50-162.   CENTRAL BUSINESS DISTRICT CONCESSION LICENSE.    (a)   Notwithstanding other provisions of this code, the director may issue a central business district (CBD) concession license to enable the holder and the holder’s agents to conduct business as street vendors on public or private property in the central business district.    (b)   A separate CBD concession license is required for each vending location site from which a person wishes to conduct business as a street vendor on public or private property in the central business district.    (c)   The director may not issue a license to authorize the sale or distribution of services or goods on:       (1)   property under the control of the park and recreation board; or       (2)   the premises of the “convention center” or “reunion arena” as defined in Section 43-127 of this code. (Ord. Nos. 16309; 16835; 17675; 29023) SEC. 50-163.   LICENSE APPLICATION; INVESTIGATION.    (a)   An applicant for a CBD concession license shall file with the director a written application upon a form provided for that purpose. A separate application is required for each vending location site from which the applicant wishes to do business as a street vendor. The following information is required in the application:       (1)   The applicant’s name, address, and date of birth, and the identifying number from the applicant’s driver’s license, military identification card, passport, or personal identification certificate.       (2)   The name, address, and telephone number of the business.       (3)   The nature, character, and quality of the goods or services to be offered for sale or delivered.       (4)   Proof that the applicant possesses a retail vendor’s sales tax permit from the comptroller of the State of Texas, if a sales tax permit is required for the type of proposed operation.       (5)   The nature of the proposed advertising to be done for the business at the proposed location.       (6)   The license number and type of any vehicle that is to be used.       (7)   The nature of the business and the method of distributing or providing goods or services.       (8)   Proposed vending location sites for the business (only one of which will be assigned with the license).       (9)   Days of the week and hours requested to vend at the proposed site.       (10)   The name, address, date of birth, and identifying number from the driver’s license, military identification card, passport, or personal identification certificate of each agent who will be assisting the applicant in the proposed business.       (11)   Proof that the applicant possesses all licenses and permits required by this code or any other applicable city ordinance or state or federal law for the operation of the proposed business.       (12)   Any other information required by the director to clarify items on the application.    (b)   A licensee shall notify the director of any changes or corrections in the information required by Subsection (a) within 30 days after the need for the change or correction occurs.       (c)   When an application has been filed with the director in proper form, the director shall initiate appropriate action to process the application. The director shall make an appropriate investigation of the applicant, which may include, but is not limited to, an inspection of the establishment and operation of the applicant to ensure compliance with this code and all applicable city ordinances and state and federal laws governing the sale and distribution of the goods and services. (Ord. Nos. 16309; 17675; 18702; 27353; 29023) SEC. 50-164.   LICENSE ISSUANCE; FEES; TRANSFERABILITY; VENDING LOCATION SITES; LICENSE EXPIRATION.    (a)   The director shall issue a license to the applicant within 30 days after receipt of the application, unless the director finds one or more of the following to be true:       (1)   The applicant is under 18 years of age.       (2)   All available vending location sites, as designated by the director, are occupied by licensees.       (3)   The applicant or applicant’s spouse is overdue in payment to the city of taxes, fees, fines, or penalties assessed against or imposed upon the applicant or applicant’s spouse.       (4)   The applicant is physically or mentally incapacitated to an extent that the applicant cannot operate a vending business.       (5)   The applicant has failed to answer or falsely answered a question or request for information on the application form provided.       (6)   The applicant has failed to provide proof of a license or permit required by this code or any other applicable city ordinance or state or federal law for the operation of the proposed business.       (7)   The applicant, or any agent of the applicant, individually or cumulatively, has been convicted of two violations of this article, other than the offense of operating a business without a license, within the two years immediately preceding the application. A plea of “guilty” or “no contest” in any court of law, including the municipal court, constitutes a conviction for purposes of this section. The fact that a conviction is being appealed has no effect.       (8)   The required license fee has not been paid.       (9)   The applicant has failed to comply with or the proposed business will violate any applicable law, ordinance, or regulation of the city.       (10)   The applicant’s business or method of doing business will interfere with traffic flow on public streets or sidewalks.       (11)   The applicant has already received the maximum number of licenses to which the applicant is entitled under Subsection (g) of this section.    (b)   If the director finds that one of the items listed in Subsection (a) is true, the director shall deny the application and send to the applicant by certified mail, return receipt requested, a written statement setting forth the reasons for the denial and notifying the applicant of the right to appeal.    (c)   A CBD concession license must state on its face the name of the person to whom it is granted and the expiration date. A CBD concession license authorizes the licensee to do business only at a specific vending location site, designated by the director, in the central business district.    (d)   The annual fee for each CBD concession license is:       (1)   $600 ($150 for license processing and regulation and $450 for the use of 40 square feet of public property) to vend entirely or partially on public property, plus $25 for each square foot of public property over 40 square feet that is contained in the vending location site; and       (2)   $150 to vend on private property only.    (e)    The fees listed in this section may not be prorated and are not refundable.    (f)   A CBD concession license is not transferable in any manner to any person or location other than the one for which it was issued. Only agents listed in the licensee’s most recent updated application for a CBD concession license are authorized to operate under the license.    (g)   The same vendor, either personally or through an agent, may not simultaneously hold more than a total of 12 CBD concession licenses for vending on public property. Of those 12 licenses, the same vendor may not simultaneously hold more than one in the West End district, one in the arts district, and 10 in the CBD core district.    (h)   For purposes of Subsection (g) of this section, an applicant will be considered to be the same vendor if the same sales tax identification number is listed on each license application.    (i)   The number and location of vending location sites to be assigned on public property will be determined by the director based upon the availability of space, the congestion that may result, and other factors related to the public health, safety, and welfare. Each site must have an area of not less than 40 square feet. The director may not authorize or assign on public property:       (1)   more than two vending location sites for each side of a block face in the central business district;       (2)   a vending location site within 50 feet of another site at which the applicant is licensed to vend;       (3)   a vending location site within 100 feet of an existing fixed business that sells, distributes, or offers for sale goods or services similar to those to be sold, distributed, or offered for sale by the applicant, unless the applicant files with the director the written consent of the owner of the existing fixed establishment;       (4)   a vending location site within 50 feet of an outdoor patio of an existing fixed food establishment located on the same side of the same block face; or       (5)   a vending location site within 1,000 feet of the Dallas Farmers Market, as defined in Section 29A-2 of this code, if the vendor will sell potted plants, fruits, or vegetables.    (j)   An applicant may select a vending location site from those available at the time of application in accordance with rules and regulations promulgated by the director. If more than one applicant applies for the same vending location site, the director shall award the site by drawing lots in accordance with rules and regulations promulgated by the director.    (k)   A CBD concession license expires one year after the date of issuance. To renew a CBD concession license for the same vending location site, a licensee must file an application with the director and pay all required license fees not more than 60 days or less than 30 days before the license expires. Upon expiration of a CBD concession license, the licensee may apply for a new license, but must select a site from those available at the time of application in accordance with rules and regulations promulgated by the director. (Ord. Nos. 17675; 19300; 25048; 27353; 29023) SEC. 50-165.   SUSPENSION.    (a)   The director may suspend a CBD concession license for not less than 30 days or more than one year if the director determines that:       (1)   a violation of this article or any other city ordinance or state or federal law concerning the sale or distribution of goods or services by the licensee or an agent has occurred; or       (2)   the licensee or a representative has failed to establish policy and take action to discourage, prevent, or correct violations of this article by the licensee’s agents.    (b)   The director shall send to the licensee by certified mail, return receipt requested, a written statement of the reasons for the suspension, the date the suspension is to begin, the duration of the suspension, and the licensee’s right to appeal. A timely request for appeal by the licensee stays the effect of the suspension unless the director determines that an emergency exists.    (c)   For purposes of this section, an emergency exists if the director determines that a violation has occurred and constitutes an imminent and serious threat to the public health or safety. In case of an emergency, the director may order the licensee or any representative or agent to correct the violation immediately or cease business operations to the extent the director determines is necessary to abate the threat until the violation is corrected. (Ord. 29023) SEC. 50-166.   REVOCATION.    (a)   The director shall revoke a license issued under this article if the director determines that:       (1)   the licensee or an agent, individually or cumulatively, has been convicted in any court of two violations of this article or any other city ordinance or state or federal law concerning the sale or distribution of goods or services within a 12-month period; the fact that a conviction is being appealed has no effect;       (2)   the licensee has given false or misleading information of a material nature or has withheld vital information on the application or in any hearing concerning the application or license;       (3)   the licensee or an agent has intentionally or knowingly impeded a lawful inspection by the director, the director’s authorized representative, or any representative of another department who has the authority to inspect the licensee and the licensee’s agents and business procedures;       (4)   a cause for suspension under Section 50-165 occurs and the license has been suspended within the preceding 12 months;       (5)   the vending location site for which the license was issued is not being used for street vending purposes; or       (6)   the conduct of the business at the vending location site for which the license was issued endangers the public health, safety, or welfare.    (b)   The director shall send to the licensee by certified mail, return receipt requested, a written statement setting forth the reasons for the revocation and notifying the licensee of the right to appeal.    (c)   If the director revokes a license, the fee already paid for the license will be forfeited. A person whose license has been revoked under this section may not apply for a new license for one year after the date the revocation took effect. (Ord. 29023) SEC. 50-167.   APPEAL.    If the director denies the issuance or renewal of a license, suspends or revokes a license, or orders the cessation of any part of the business operation conducted under the license, the aggrieved party may appeal the decision of the director to a permit and license appeal board in accordance with Section 2-96 of this code. The filing of an appeal stays the action of the director in suspending or revoking a license or any part of the business operation being conducted under the license until the permit and license appeal board makes a final decision unless the director determines that operation of the facility or business in violation of the suspension or revocation constitutes an imminent and serious threat to the public health or safety, in which case the director shall take or cause to be taken such action as is necessary to immediately enforce the suspension, revocation, or order. (Ord. 29023) Division 6. Miscellaneous Requirements for Street Vendors in the Central Business District. SEC. 50-168.   IDENTIFICATION BADGES REQUIRED.    (a)   An identification badge must be conspicuously displayed on the clothing of the upper body of each licensee and agent of a licensee at all times when selling, distributing, or offering for sale goods or services on public or private property in the central business district. A licensee or an agent of a licensee shall allow the director or a peace officer to examine the identification badge upon request.    (b)   An identification badge must be obtained from the director and must include the following:       (1)   The name of the person to whom the badge is issued and a photograph clearly depicting the person’s facial features.       (2)   The name and license number of the licensee under whose CBD concession license the person is conducting vending activities.       (3)   The vending location site at which the person is authorized to conduct vending activities.       (4)   A description of the type of goods or services the person is authorized to sell, distribute, or offer for sale at the site.       (5)   The number and expiration date of the identification badge.    (c)   An identification badge expires on whichever of the following dates occurs first:       (1)   the date of revocation or expiration of the CBD concession license under which the badge is authorized; or       (2)   the date the person to whom the badge is issued is no longer an agent of the licensee.    (d)   An identification badge is not transferable from one person to another or from one license to another.    (e)   One identification badge will be included with each issuance or renewal of a CBD concession license. The fee for each additional new or renewal identification badge is $20. The fee for replacement of an identification badge that is lost, damaged, or stolen is $5.    (f)   Within 10 days after terminating an agent, a licensee shall collect and surrender to the director the agent’s identification badge. (Ord. 29023) SEC. 50-169.   DUTIES AND CONDUCT OF STREET VENDORS.    A person who, either personally or through an agent, sells, distributes, or offers for sale goods or services on public or private property in the central business district shall:       (1)   possess a license and an identification badge authorizing the activity as provided for in this article;       (2)   situate any vehicle used in connection with the sale or distribution of goods and services so that it does not occupy any portion of a public roadway;       (3)   if vending on public property, operate the business so as to offer the least physical or visible obstruction to pedestrian and vehicular traffic, including, but not limited to, refraining from placing boxes on any public street or sidewalk;       (4)   not enter a public roadway to solicit or conduct a sale;       (5)    not sell, distribute, or offer for sale goods or services to a person on a public roadway;       (6)   if vending on public property, stay within five feet of the vendor's vehicle except for periodic breaks not to exceed 10 minutes and for emergencies;       (7)   take reasonable steps to keep the area around which the business is being conducted free from litter and waste, including, but not limited to:          (A)   maintaining a waste receptacle for public use on the vending vehicle;          (B)   maintaining the vending location site in a clean and hazard-free condition;          (C)   at the close of business each day, collecting and disposing of all litter and waste accumulating on the vending location site or within 15 feet of any vending vehicle; and          (D)   not disposing of liquid waste or grease on the sidewalks, streets, grounds, tree pits, city trash receptacles, or other public property;       (8)   if vending on public property, operate the business only during the following times, unless special operating hours are approved by the director:          (A)   6:00 a.m. to 10:00 p.m., Monday through Thursday;          (B)   8:00 a.m. to midnight, Friday and Saturday; and          (C)   10:00 a.m. to 10:00 p.m., Sunday;       (9)   sell, distribute, or offer for sale only those goods or services that the director has approved as not endangering the public health, safety, or welfare; the director may withdraw a previous approval of any goods or services by serving a written notice upon the seller or distributor to cease selling, distributing, or offering for sale the goods or services within 10 days;       (10)   remove any equipment, sales aids, or vehicle from public property at the close of operation each day;       (11)   not smoke while conducting vending activities at the vending location site;       (12)   comply with the noise regulations set forth in Chapter 30 of this code;       (13)   not do business except on a vending location site designated by the director;       (14)   allow an inspection of the business operation as authorized in this article;       (15)   comply with all rules and regulations promulgated by the director under this article;       (16)   post the applicable license or copy of the license in a conspicuous place on the vehicle from which goods or services are being sold, distributed, or offered for sale so that it may be easily read at any time or, if the person does not use a vehicle from which to sell goods or services, display the license or copy on the person's clothing at any time the goods or services are being sold, distributed, or offered for sale on public or private property;       (17)   establish policy and take action to discourage, prevent, or correct violations of this chapter by agents;       (18)   prohibit an agent from operating under a CBD concession license if the person knows or has reasonable cause to suspect that the agent does not have a valid identification badge issued under this article or has otherwise failed to comply with this article, the rules and regulations established by the director, or any other applicable city ordinance or state or federal law; and       (19)   comply with all other applicable laws, ordinances, or regulations of the city.    (b)   This section does not apply to the occasional sale of lemonade or other nonalcoholic beverages from a stand on private property or in a public park by an individual younger than 18 years of age. (Ord. Nos. 16309; 17675; 29023; 31375) SEC. 50-170.   DRESS STANDARDS FOR STREET VENDORS.    Each licensee shall have company dress standards for vendors employed by or contracting with the licensee. These standards must be kept on file with the director and must include the following:       (1)   A vendor may not wear:          (A)   cut-offs;          (B)   apparel with offensive or suggestive language, pictures, or symbols;          (C)   tank tops or halter tops; or          (D)   outer apparel made of fishnet or undergarment material.       (2)   Shoes must be worn at all times in the manner for which they were designed.       (3)   A vendor and the vendor’s clothing must conform to basic standards of hygiene and be neat, clean, and sanitary at all times.       (4)   A vendor’s hair must be clean and neatly groomed. Facial hair must be neatly trimmed. (Ord. 29023) SEC. 50-171.   VEHICLES AND EQUIPMENT.    (a)   Any non-motorized vehicle used by a street vendor to sell, distribute, or offer for sale goods or services in the central business district must:       (1)   have operable wheels;       (2)   not exceed six feet in length (including any handles measuring six inches or more in length and any permanently attached trailer hitches), three feet in width (exclusive of wheels), or four feet in height (exclusive of wheels);       (3)   not occupy any portion of a public roadway in the central business district;       (4)   not be attached to any tree, utility pole, sign pole, streetscape, or public property; and       (5)   not be stored, parked, or left overnight on any street, sidewalk, public parking space, or other public property.    (b)   All equipment required for operation of the business and all goods being offered for sale must be confined to or within the vehicle or, if no vehicle is used, the vending location site.    (c)   Only one small stool or chair is allowed at the vending location site for the vendor. No seating may be provided for customers.    (d)   Any umbrella on a vehicle must be properly secured and must be removed during high winds.    (e)   No electrical power cords are allowed to be used by a vendor on public property. (Ord. 29023) SEC. 50-172.   SIGNS AND ADVERTISING DEVICES.    (a)   A vendor shall not place any sign or other advertising device on public property other than those signs affixed to the vehicle or equipment and not extending beyond the basic dimension of the vehicle or equipment.    (b)   A vendor shall prominently display a sign that contains city of Dallas contact information to which customers may report service or health concerns or complaints.    (c)   No free standing signs are permitted as part of the vending operation.    (d)   Prices for goods or services must be conspicuously displayed on the vending vehicle, the individual items offered for sale, or the display surface or container.      (e)   This section does not apply to the occasional sale of lemonade or other nonalcoholic beverages from a stand on private property or in a public park by an individual younger than 18 years of age. (Ord. Nos. 29023; 31375) Code Comparative Table Ordinance Number Specified Passage Effective Date Ordinance City Code Section Date Section Ordinance Specified Passage Effective Date Ordinance City Code Section Number Date Section 13520 01-24-72   1 31-12.1(a)       2 31-12.2       3 31-12.1(a), 12.2 13521 01-31-72   1 Repeals 28-125, 125.1 13522 01-31-72   1, 2, 3 13A-13, 14 13525 02-07-72   1 46-15(g)       2 46-19(a)(2) 13526 02-07-72   1, 2 13-12.2(b) 13547 02-21-72   1 2-133 thru 135 13548 02-21-72   1 46-15(h)       2 46-19(a)(2) 13558 02-28-72   1, 2 28-393.1 13559 02-28-72   1, 2 43-126(a) thru (d) 13574 03-06-72   1 Repeals 21-1 thru 9       2 Repeals 29-4       3 thru 5 29-5 thru 7       6 29-9(a), (b)       7 29-11       8, 9 29-24, 25       10 29-33       11 29-34 thru 39       12 Ch. 29 (note) 13583 03-13-72   1 2-16(4), (5)       2 2-71 thru 75 13605 04-03-72   1, 2 28-49.1 13610 04-10-72   1 thru 3 50-30(b) 13624 04-17-72   1, 2 15-144, 145 13625 04-17-72   1 31-47 13636 04-24-72   1 Repeals 38A-1 thru 14 13677 06-05-72   1, 2 28-393, 394 13678 06-05-72   1 15-145(d) 13680 06-05-72   1 39A-1 thru 8 13686 06-12-72   1 9-1 thru 5 13701 07-03-72   1 Repeals 37-31 thru 38       2 Repeals 31-11       3 Repeals 13-40 thru 44 13708 07-10-72   1 28-369       2, 3 28-393 13718 07-17-72   1 2-136, 137       2 2-138, 139 13743 08-07-72   1 28-168.1 thru 8       2 Repeals 28-115 13744 08-07-72   1 30-1 thru 4 13745 08-07-72   1 31-61 13752 08-14-72   1 25A-1 thru 15       2 Repeals 8-1 thru 29 13764 08-21-72   1 Repeals 43-10, 11 13765 08-21-72   1 Repeals 41-1 thru 6 13766 08-21-72   1 15D-1 thru 9       2 Repeals 28-63 thru 72 13772 08-28-72   1 18-1 thru 12 13777 09-05-72   1 35-153(j) 13782 09-11-72   1 15D-3 13795 09-18-72   1 50-1 thru 98       2 Repeals 3-2 thru 10       3 Repeals 29-1 thru 39 13796 09-18-72   1 18-13 thru 18       3 Repeals 19-118 thru 124 13804 09-25-72   1 7A-18       2 7A-20 13811 10-02-72   1 10-1 thru 25 13812 10-02-72   1 49-65.1       2, 4 49-65.1 (note) 13827 10-02-72   1 50-75 13828 10-02-72   1 37-39 13831 10-09-72   1 26-1(a)       2 26-6(i)       3 26-7(a) thru (c)       4 26-7(4r)       5 26-7(7r)       6 26-7(19r)       7 26-7(20p)       8 26-8       9 26-11       10 26-35(f)1       11 26-35(i)       12 26-35(r)       13 26-37       14 26-39       15 26-43       16 26-44(17P)       17 26-44(24P) 13832     1 13-5.3       2 13-5.4 13849     1 Repeals 7-1 thru 42       1 7-1 thru 39 13875     1 9-6 13898     1 43-63 13900     1 18-19 thru 28       2 Repeals Ch. 28 Art. XVIII 13932 01-02-73   1 9B-6 thru 9       2 37-39 13935 01-08-73   1 2-140, 141       2 Repeals 15A, 15B 13966 01-29-73   1 Ch. 50, Art. VIII 13976 02-05-73   1 31-11 13977 02-05-73   1 Ch. 15D, Art. II       3 Repeals 28-75 thru 83, 357 thru 360 13993 02-19-73   1 42-1 thru 16 14001 02-16-73   1 28-369 14002 02-26-73   1 26-7(a) thru (c) 14012 03-12-73   1 19A-1 thru 12 14013 03-12-73   1 2-71 thru 75       2 15-98       3 15-107       4 35-15       5 35-178 14029 03-26-73   1 Repeals 14-7       2 Repeals 14-30 14060 04-16-73   1 37-67 14061 04-16-73   1 19-118 14082 04-30-73   1 49-1       2 49-1.1       3 49-8       4 49-9       5 49-11       6 49-15       7 49-20       8 49-22       9 49-23       10 49-28       11 49-31       12 49-51       13 49-54       14 49-57       15 49-69       16 49-71       17 49-76(1)       18 Repeals 49-56 14083 04-30-73   1 2-126 14086 04-30-73   1 41-1 thru 35       3 Ch. 41 (note) 14111 05-14-73   1 31-84 14163 07-02-73   1 Repeals 2-61 thru 70, 104       2 Repeals 2-130 thru 132       3 Repeals 19-1, 19-1.1 14164 07-02-73   1 2-76 thru 2-81 14165 07-02-73   1 24-7, 8, Repeals 24-9 thru 11 Adds       2 24-9 thru 11 14166 07-02-73   1 2-41 thru 43 14167 07-02-73   1 46-9.1 14180 07-16-73   1 8-1 thru 27 14211 08-13-73   1 2-82 thru 84 14212 08-13-73   1 2-38 thru 40 14213 08-13-73   1 2-21, 23       2 Repeals 2-23 thru 26 14214 08-13-73   1 Adds 2-48, 49 Adds 14215 08-13-73   1 2-50, 51 Adds 14216 08-13-73   1 2-46, 47 14217 08-13-73   1 19-1       2 19-1.1 Adds 19-119 thru 14218 08-20-73   1 124, 19-125 thru 127 14219 08-20-73   1, 2 18-2 Adds       3 18-29 thru 39 Adds 14267 09-24-73   1 37-75 thru 84 14300 10-15-73   1 Adds 42-17 thru 22 Adds 14319 11-05-73   1 2-44 thru 45 14326 11-12-73   1 8-17       2 8-21 14351 12-10-73   1 thru 3 11-12, 13       4 Repeals 11-15 thru 17 14368 12-17-73   1 Repeals 31-12 14369 12-17-73   1 50-13       2 50-16(b)       3 50-19(a)       4 50-31(a)       5 50-33       6 50-34       7 50-73       8 50-112(b), (c)       9 Repeals 50-32 14373 12-31-73   1 49-1.1 14383 12-31-73   1 45-3       2 45-37       3, 4 45-1       5 45-60       6 Repeals 45-65 5-2 thru 4, 8, 9, 11, 14384 12-31-73   1 12, 14 thru 30, 32, 33, 36 thru 42, 44, 45       3 Repeals 5-35 14385 12-31-73   1 Adds 2-139 (b)(3) 14392 01-14-74   1 17-9 14470 03-18-74   1 18-4(A)(2)       2 18-5       3 18-10(A)       4 18-10(C)(2) 14486 04-01-74   1 Adds Ch. 15B Adds 14487 04-01-74   1 50-113 thru 130 14494 04-08-74   1 18-19       2 18-20(b)       3 18-21(a)       4 18-27       5 Repeals 18-23 14515 04-29-74   1 19A-5 14552 05-20-74   1 46-14 14566 05-28-74   1 18-32 14584 06-10-74   1 Ch. 28 Adds 14586 06-10-74   1 15D-31 thru 35 14587 06-10-74   1 Adds 7A-7.1 14588 06-10-74   1 Adds 3-2 14602 07-01-74   1 26-3(g)       2 26-6(i) 14615 07-22-74   1 49-75       2 49-77 14648 08-19-74   1 28-26.1 14649 08-19-74   1 Adds 41-31(d)       2 Adds 41-36, 37 14677 09-23-74   1 Adds 41-7(d)       2 41-13(i)(1) 14682 09-23-74   1 Adds 19-37.1 14683 09-30-74   1 Adds 45-15.1 14684 09-30-74   1 32-22 14685 09-30-74   1 15D-10 thru 30 14686 09-30-74   1 28-4(b) 14696 10-07-74   1 28-44       2 28-59 14697 10-07-74   1 41-2       2 41-7(d) 14721 10-21-74   1 41-2 14730 11-04-74   1 46-14       2 46-15(b)       3 46-15(c) Adds 14736 11-11-74   1 6A-1 thru 11 14737 11-11-74   1 43-123 14755 11-25-74   1 42-1 thru 12 14756 11-25-74   1 45-43       2 Adds 45-43.1 14757 11-25-74   1 10-8(a)(3) 14762 12-09-74   1 Repeals 43-20 14763 12-16-74   1 Adds 2-142 thru 146 14764 12-16-74   1 45-15.1(b) 14765 12-23-74   1 7-2 14781 01-06-75   5 Repeals Ch. 35 14796 02-03-75   1 27-19 14799 02-10-75   1 9A-9 14809 02-17-75   1 20A-1 thru 14 14818 02-26-75   1 28-44       2 28-46       3 28-59 14834 03-10-75   1 46-4       2 46-4.3       3 Adds 46-9.2       4 Adds 46-9.3 14854 03-31-75   1 Adds 28-159.1 14857 03-31-75   1 5-31 14861 04-07-75   1 Adds 7-1.1 14862 04-07-75   1 46-13(a)(4)       2 46-13(a)(10)       3 46-14       4 46-15(b)       5 46-15(c)       6 46-15(e) 14869 04-14-75   1 28-44       2 28-59 14872 04-22-75   1 49-10 14875 04-22-75   1 Adds 2-147 thru 149 14885 04-28-75   1 2-31 thru 37.1 14896 05-19-75   1 46-9.2 14900 05-27-75   1 28-24 Adds 14911 06-09-75   1 28-128.1 thru 128.7       2 28-52 14920 06-23-75   1 50-36       2 50-42(g)       3 50-43(b), (c)       4 50-44(b)       5 50-45(b)       6 50-46       7 50-50       8 50-52       9 50-53       10 50-56       11 50-59       12 50-67 thru 69 14921 06-23-75   4 Repeals Ch. 15 14922 06-23-75   1 28-44       2 28-45(b)       3 28-59 14926 06-30-75   1 13-5.3       2 13-5.4       3 13-5.5 14927 06-30-75   1 45-15.1(b) 14930 07-07-75   1 46-13 thru 19 14932 07-14-75   1 6A-1(1), (2)       2 6A-4(a)(3)       3 6A-7(2)       4 6A-8(a)(2)       5 6A-10       6 6A-11 14940 07-28-75   1 Repeals 37-43 thru 55 14941 07-28-75   1 2-125 thru 129 14942 07-28-75   1 24-7(a) 14943 07-28-75   1 2-76 14944 07-28-75   1 2-142       2 2-143 14945 07-28-75   1 13A-2 14950 08-04-75   1 27-12       2 27-13       3 Adds 27-13.1       4 27-15 14952 08-04-75   1 46-14 14955 08-11-75   1 43-123       2 Adds 43-126.1 14971 08-18-75   1 Ch. 31 14974 08-25-75   1 Adds 28-26(c)       2 28-44       3 28-45(a)       4 28-45(b)       5 28-59 Adds 14983 09-02-75   1 50-144 thru 151 Adds 14990 09-16-75   1 50-131 thru 143 14995 09-22-75   1 2-19       2 Repeals 2-75, 16-145, 50-41 14996 09-22-75   1 15D-20       2 15D-22       3 15D-23 15000 09-29-75   1 41-2       2 41-2       3 41-7       4 Repeals 41-13(b)(4)       5 41-13(i)       6 41-14(e)(2)       7 41-16(c)       8 41-30, 31 15001 09-29-75   1 15D-1(a)       2 15D-2(b)       3 15D-4(b)(2)       4 15D-4(c)       5 15D-4(d)       6 15D-1(e) 15002 09-29-75   1 18-9(C)(1)(a)       2 18-11 15003 09-29-75   1 Adds 2-52 thru 54 15004 09-29-75   1 2-138 thru 139       2 28-2(17)       3 Ch. 28, Div. 1       4 28-7       5 Repeals 28-6 15005 09-29-75   1 2-49       2 Repeals 2-44.1(e) 15028 10-20-75   1 41-30 thru 32 15035 11-03-75   1 2-122(j)       2 Adds 2-122.1 15045 11-10-75   1 50-36       2 50-43(a), (b)       3 50-51(a)       4 50-55       5 50-59       6 50-67       7 50-69(a)       8 50-70       9 50-71 15055 11-24-75   1 49-15(a) 15064 12-08-75   1 Adds Ch. 39B 15065 12-08-75   1 2-122.1 Adds 15071 12-29-75   1 32-61 thru 83 15072 12-29-75   1 43-99 thru 106 15073 12-29-75   1 Repeals 20-32 thru 54 15079 01-05-76   1 Ch. 5A 15084 01-26-76   1 31-14 15094 02-02-76   1 9B-6 15105 02-16-76   1 Adds 1-5.1 15123 03-08-76   1 43-33       2 43-34       3 43-135 thru 139       3 Adds 43-139.1 15124 03-08-76   1 Adds 28-24.1 15126 03-15-76   1 8-1.1 15127 03-15-76   1 Ch. 45 15145 04-05-76   1 46-18(a)       2 46-20 15147 04-12-76   1 14-27(d)       2 22-2       3 47-1 15147 04-12-76   1 14-27(d)       2 22-2       3 47-1       4 47-24       5 Repeals 44-17 thru 21, 33.1 thru 33.4       6 Repeals 47-7 thru 10 15167 05-03-76   1 43-127 15179 05-10-76   1 49-84       2 49-100       3 Adds 49-100.1 49-107 thru 109, Adds 49-109.1, 49-110,       4 Adds 49-110.1, 49-111, 112, Adds 49- 112.1, 112.2       5 Adds 49-134, 135 15194 06-01-76   1 28-26(c)       2 28-44       3 28-45(a)       4 28-45(b)       5 28-59       6 28-71       7 28-77(b)       8 28-122       9 28-156       10 28-157       11 28-158       12 28-159       13 28-159.1       14 28-190(c) 15195 06-01-76   1 32-40       2 32-44 15196 06-01-76   1 49-15(f) 15197 06-01-76   1 Adds 13A-8.1 15198 06-01-76   1 Ch. 27 15202 06-07-76   1 Adds 27-14.1 15204 06-14-76   1 42-3 15207 06-21-76   1 Adds Ch. 31A 15208 06-21-76   1 31-20(a) 15214 06-28-76   1 Ch. 14 15215 06-28-76   1 Ch. 9A 15216 07-06-76   1 13A-2 15220 07-06-76   1 44-16 15225 07-12-76   1 43-99(a) 15234 07-26-76   1 Adds 31-25 15243 08-02-76   1 31-26 15244 08-02-76   1 46-9.2 15246 08-09-76   1 19-118 15247 08-09-76   1 31-27 15256 08-23-76   1 Ch. 43A 15269 09-13-76   1 46-9.2       2 46-9.3 15271 09-13-76   1 2-16(4) 15272 09-13-76   1 Ch. 7 15278 09-27-76   1 26-7.1 15279 09-27-76   1 2-11.2(b)       2 2-16(4)       3 2-33(b)       4 2-37(4)       5 2-83       6 5-3(a)       7 5-10       8 13-9       9 13-11       10 13-20       11 13-24       12 13A-8       13 13A-9       14 50-42(b)       15 Repeals 2-81, 13-14, 13-28 15289 09-27-76   1 18-9(C)(1)(a)       2 18-9(C)(3)       3 Adds 18-11.1 15302 10-05-76   1 9A-1       2 9A-2(a)       3 9A-3(b)       4 9A-4       5 9A-5       6 9A-8(b)       7 9A-9(a) 15303 10-05-76   1 14-5       2 14-9(b)       3 14-11(b)       4 Repeals 14-4(e) 15315 10-18-76   1 2-16(4) 15331 11-01-76   1 37-18 15335 11-08-76   1 Adds 2-16(6) 15357 12-06-76   3 Repeals 16-161 15360 12-06-76   1 13A-8 15361 12-06-76   1 49-77 15365 12-13-76   1 46-13(a)(1)       2 46-15       3 46-16       4 46-18(a)       5 46-18(d)       6 46-18(e)       7 46-20 15371 12-20-76   1 6-10 Adds       2 6-11, 12 15372 12-20-76   1 27-11(d)       2 27-11(f)       3 27-12       4 27-13(b)       5 27-13(h) 15378 01-03-77   1 8-1.1 15396 01-24-77   1 49-1       2 49-1.1       3 49-1.2       4 49-8(a)       5 49-8(f)       6 49-15(b)       7 49-52       8 49-58       9 49-109.1(a)(4) 15401 01-31-77   1 41-32 15405 01-31-77   1 49-1       3 Adds 49-1.3       5 Adds 49-1.4 15414 02-07-77   1 Ch. 40A 15415 02-07-77   1 9A-9(b), (c)       2 14-12(b), (c) 15422 02-14-77   1 Adds 49-15.1 15424 02-14-77   3 6-10 15430 02-21-77   1 28-44 15433 02-28-77   1 18-19(A)(1)(c)       2 18-19(A)(2)(c) 15434 02-28-77   1 Adds Ch. 15A 15455 03-28-77   1 28-44       2 28-45(a)       3 28-46       4 28-59       5 28-87 15456 03-28-77   1 Ch. 19, Art. X 15472 04-18-77   1 31-22       2 Adds 31-22.1 15485 04-25-77   1 34-7 15511 05-16-77   1 46-15(e)(2)       2 Adds 46-15(h) Adds 15519 05-25-77   1 2-37.2 thru 37.9       2 Repeals 2-29       2 Repeals Ch. 37, Art. VI 15525 06-01-77   1 Ch. 16 15526 06-01-77   1 25A-1(b)       2 25A-2       3 25A-5       4 25A-11 15527 06-01-77   1 6-12 15527 06-01-77   1 7-24(e) 15538 06-15-77   1 46-1       2 46-3 15541 06-22-77   1 28-44       2 28-59 15552 07-13-77   1 Ch. 9A 15555 07-13-77   1 44-35(a), (b) 15562 07-20-77   1 Repeals Ch. 2, Art. X 15573 08-03-77   1 31-21(b) 15574 08-03-77   1 2-125(3)       2 2-126 15578 08-10-77   1 Ch. 17 15579 08-10-77   1 13A-2 15597 08-31-77   1 Adds 31-28 15603 09-07-77   1 13-2.1       2 13-2.2       3 13-2.3       4 13-3       5 13-4       6 Repeals 13-2.4 thru 2.7, 13-5 thru 13- 5.2, 13-6 15612 09-14-77   1 Adds 15D-10(q)       2 15D-15       3 15D-16       4 15D-17       5 15D-18       6 15D-20       7 15D-21       8 15D-22       9 15D-24       10 Adds 15D-26(c)       11 15D-27       12 15D-29(e) 15621 09-28-77   1 2-141       2 Adds Ch. 2, Art. XIX 15626 09-28-77   1 28-113 15627 09-28-77   1 18-9(C)(1),(2) 15628 09-28-77   1 15D-2(b) 15629 09-28-77   1 5-33 15630 09-28-77   1 49-25       2 49-69(a)       3 49-70       4 49-102 15635 10-05-77   1 6-6.1 15646 10-12-77   1 41-29 15648 10-12-77   1 28-184(a), (f) 15655 10-26-77   1 Ch. 19, Art.VI 15669 11-02-77   1 6-4 15684 11-23-77   1 44-35(a) 15686 11-23-77   1 28-63.1 15690 11-30-77   1 41-2       2 41-6       3 Adds 41-9.1 15699 12-14-77   1 28-44       2 28-59       3 28-71 15720 12-21-77   1 18-19(d)       2 18-20(b)       3 18-21(b)       4 18-22(b)       5 Adds 18-23 15721 12-21-77   1 Ch. 14 15760 03-01-78   1 28-44       2 28-59 15789 03-29-78   1 7-1       2 7-9       3 7-18       4 Adds 7-18.1       5 Adds 7-18.2       6 7-29(b)       7 7-32 15790 03-29-78   1 49-1       2 49-1.3 15801 04-05-78   1 Ch. 10 15815 04-19-78   1 41-18       2 41-32 15816 04-19-78   1 6-6.1 15834 05-24-78   1 49-77 15835 05-24-78   1 28-44       2 28-59 15848 05-31-78   1 8-1.2       2 8-20(e) 15849 05-31-78   1 6-6.1(d) 15857 06-14-78   1 Repeals Ch. 23 15868 06-21-78   1 Adds 6-13 15890 07-19-78   1 28-107 15899 08-02-78   1 Ch. 15 15900 08-02-78   1 18-18 15904 08-09-78   1 1-6 15919 08-16-78   1 27-3(19)       2 27-7       3 27-9       4 27-11(c)       5 27-13       6 27-14(d) Adds       7 27-14.2, 14.3 15936 09-06-78   1 28-59 15948 09-13-78   1 18-11 15949 09-13-78   1 28-4 15955 09-20-78   1 Ch. 2, Art. XIII 15956 09-20-78   1 Ch. 2, Art. V-e 15962 09-27-78   1 49-1.2(c)       2 49-6       3 49-8(f)       4 49-8(g)       5 49-36       6 49-135 15963 09-27-78   1 49-70(c)       2 49-74(c) 15968 09-27-78   1 7-1       2 7-24(a)       3 7-25       4 7-26       5 7-28 15969 09-27-78   1 18-9(c)(1) 15970 09-27-78   1 50-101 15971 09-27-78   1 19-28 15972 09-27-78   1 2-16(6) 15979 10-04-78   1 2-126(c) 15983 10-09-78   1 Adds Ch. 14B       2 Repeals Ch. 2, Art. IX, X 15984 10-09-78   1 16-19.104 16018 11-08-78   1 28-44       2 28-45(a)       3 28-59 16023 11-15-78   1 50-150(a)       2 50-151(a) 16024 11-15-78   1 2-11.1 16035 12-06-79   1 42-1       2 Adds Ch. 42, Art. I-a 16066 01-03-79   1 9A-3       2 9A-8       3 9A-9 16067 01-03-79   1 14-3       2 14-11       3 14-12 16091 01-24-79   1 28-44 16105 01-31-79   1 15A-2       2 15A-3       3 15A-6 16126 02-14-79   1 Adds Ch. 37A 16130 02-14-79   1 47-1       2 47-24 16133 02-21-79   1 46-13(a)(7)       2 Adds 46-13 (a)(14)       3 46-18(c)       4 46-19 16157 03-21-79   1 Ch. 9B 16159 03-21-79   1 2-16 16166 04-04-79   1 28-44       2 28-45(a)       3 28-45(b)       4 28-59 16176 04-11-79   1 41-16       2 41-18 16177 04-11-79   1 49-1.4(a) 16210 05-02-79   1 Art. I 16218 05-09-79   1 9B-9 16220 05-09-79   1 49-74(c)       2 49-77 16226 05-16-79   1 8-26 16232 05-23-79   1 Adds Art. I 16239 05-30-79   1 13A-2 16264 06-21-79   1 Repeals 2-76, 77 16270 06-20-79   1 46-12.3 16271 06-27-79   1 Adds 43A-6(f)       2 Adds 43A-8(d)       3 43A-17(c)       4 43A-19       5 Adds 43A-20(h)       6 Adds 43A-20.1       7 43A, Table I 16287 07-11-79   1 2-37.8       2 28-4, Title       3 28-4(b)(7) 16288 07-11-79   1 28-44 16295 07-18-79   1 46-15(e)(1) 16297 07-18-79   1 Repeals 16-1.202(b)       2 16-1.204(b)       3 16-1.207(b)       4 16-1.212 (a), (b)       5 16-1.215(a) thru (f)       6 Repeals 16-11.109       7 16-11.110       8 16-12.110       9 16-13.101       10 16-13.104(3)       11 16-13.105       12 Adds 16-13.502A       13 16-13.505       14 16-13.602       15 16-13.604       16 16-13.607       17 16-15.211       18 16-15.503       19 16-20.102       20 16-21.210       21 16-27.216       22 Repeals 16-29.102       23 16-30.101       24 16-31.204       25 16-32.112 16302 07-18-79   6 34-9 16309 07-25-79   1 Adds Art. XII       2 Repeals 43-123 thru 126.1, 128, 130 thru 132 16310 07-25-79   1 31-26 16314 08-01-79   1 10-3(c)       2 10-13(c)       3 Adds 10-22(f)       4 10-26       5 10-30(c) 16367 09-26-79   1 Ch. 18, Art. I       2 18-18       3 18-21(b)       4 Adds 18-31(d) 16368 09-26-79   1 15D-2 16369 09-26-79   1 2-16 16384 10-10-79   1 42-14(c), (d)       2 42-15 16388 10-17-79   1 2-122.2 16403 11-07-79   1 15D-27 16411 11-14-79   1 28-44       2 28-45(a)       3 28-59 16434 12-12-79   1 49-1       2 49-1.3 16435 12-12-79   1 18-9(c)(1)       2 18-9(c)(4) 16442 12-19-79   1 2-34(d) 16443 12-19-79   1 31-3(a)       2 31-3(e)       3 31-3(f) 16444 12-19-79   1 49.1.1(b)       2 49.1.1(e)       3 49-1.2(b)       4 49-8(a)       5 49-11(b), (c)       6 49-15       7 49-15.1       8 49-58       9 49-109.1 16451 01-09-80   1 41-2       2 41-5       3 41-7       4 41-8(c)       5 41-8(f), (g)       6 41-10       7 41-12(b)(2)       8 41-12(c)       9 41-13(a)       10 41-13(c), (d)       11 41-13(i)       12 41-15       13 41-22       14 41-31       15 41-32       16 41-31.1       17 41-33 16462 01-16-80   1 16-8.104       2 16-11.402       3 Ch. 16, Art. XII       4 16-15.215       5 16-15.1002       6 16-26.201       7 16-32.107       8 16-33.105(b)       9 16-33.107       10 Ch. 16, Appendix D 16467 01-23-80   1 8-1.3 16470 01-23-80   1 15D-5(b)(5) 16471 01-23-80   1 50-145(a)       2 50-146(b)       3 50-149       4 50-150(a)       5 50-151 16473 01-23-80   1 27-3(19)       2 27-8(a)       3 27-10       4 27-11(b)       5 27-11(c)       6 27-13       7 27-15       8 27-16 16475 01-30-80   1 28-59 16476 01-30-80   1 50-43       2 50-99       3 50-101       4 50-109(b)       5 50-111       6 50-116       7 50-122(d)       8 50-123       9 50-128(b)       10 50-131       11 50-134       12 50-137(a)       13 Repeals 50-102(1)(d), 115(2)(d), 136(3) (b) 16477 01-30-80   1 28-4(f) 16478 01-30-80   1 15D-23 16501 02-27-80   1 28-45(a) 16503 03-05-80   1 32-8 16520 03-19-80   1 49-100.2 16524 04-02-80   1 28-44 16525 04-02-80   1 8-1.4 16545 04-23-80   1 43-116 16554 04-30-80   1 15D-15(c)       2 15D-16(d)       3 15D-16(f)       4 15D-17(a)       5 15D-18(3)(a)       6 15D-18(c)       7 15D-18(d)       8 15D-20       9 15D-21(a)       10 15D-22       11 15D-28 16577 05-23-80   1 28-2       2 28-44       3 28-59 16578 05-23-80   1 15D-16 16585 06-04-80   1 31-12 16586 06-04-80   1 6A-10(c) 16590 06-11-80   1 7-1.2       2 7-20       3 Repeals 7-19, 23 16600 06-18-80   1 6-6.1 16605 06-25-80   1 41-5 16606 06-25-80   1 49-77 16617 07-02-80   1 31-14.1 16624 07-09-80   1 28-44 16700 09-24-80   1 50-82       2 50-116       3 50-146(b) 16701 09-24-80   1 2-16(1) 16702 09-24-80   1 34-7(a)       2 34-7(d) 16703 09-24-80   1 32-21       2 32-22       3 32-24       4 32-26       5 32-27       6 32-28 16710 10-01-80   1 32-22.2 16715 10-15-80   1 16-15.402(a)       2 16-26.115(7)       3 16-32.110 16718 10-15-80   1 Ch. 15A, Article I 16788 12-10-80   10 44-1 16801 12-17-80   1 2-33 16813 12-17-80   1 41-7(a) 16814 12-17-80   1 41-32.1 16815 12-17-80   1 34-9 16821 01-07-81   1 28-44       2 28-59 16833 01-14-81   1 34-8 16834 01-14-81   1 43-127 16835 01-14-81   1 50-156       2 50-157 16849 01-28-81   1 44-3 16850 01-28-81   1 15D-24       2 15D-25       3 15D-26 16851 01-28-81   1 2-122.3 16870 02-11-81     Repeals 6-7, 8 16881 02-18-81   1 32-11.3 16882 02-18-81   1 39B-2; 39B-3 16886 02-25-81   1 40A-1       2 40A-9(c)       3 40A-13       4 40A-14(c)       5 40A-16       6 40A-18       7 40A-19       8 40A-21(b)       9 40A-22       10 40A-23       11 40A-27 16901 03-11-81   1 28-44       2 28-59 16923 03-25-81   1 Adds Ch. 2, Art. XXI 16926 03-25-81   2 Repeals 19A, 34, 41, 2-16, 2-21, 2-22, 31-16, 31-17 16969 04-29-81   1 10-1(1)       2 10-2       3 10-3(d)       4 10-4       5 10-5       6 10-8(a)       7 10-9(a)       8 10-10       9 10-12       10 10-22       11 10-29       12 10-30(d)       13 10-31       14 10-36       15 10-37       16 10-38 16986 05-20-81   1 28-44       2 28-59       3 28-71 17028 07-01-81   1 46-18 17029 07-01-81   1 13-3       2 13-6       3 13-7       4 13-20       5 13-21       6 13-24       7 Repeals 13-8 thru 13-23 17030 07-01-81   1 13-25 17031 07-08-81   1 28-59 17032 07-08-81   1 49-1       2 49-1.1       3 49-1.2       4 49-1.3(b)       5 49-1.3(e)       6 49-1.4(a), (b)       7 49-1.5       8 49-1.6       9 49-5       10 49-6       11 49-8       12 49-10       13 49-11       14 49-25(a)       15 49-35       16 49-36(d)       17 49-52(a), (b)       18 49-58       19 49-69(a)       20 49-70(c)       21 49-71(c)       22 49-102       23 49-109.1(a) 17041 07-15-81   1 28-44 17063 07-22-81   1 28-59       2 28-71 17080 07-29-81 10-1-82   116-13.401A 17087 08-05-81   1 8-1.4(a) 17090 08-12-81   1 32-11.4 17096 08-19-81   1 17-5.4(a)       2 17-8.1(a)       3 17-8.1(b)       4 17-8.4(a)       5 17-9.2(c)       6 17-9.6(a)       7 17-9.18(b) 17097 08-19-81   1 16-13.401 17099 08-19-81   1 50-43(a)       2 50-43(b)       3 50-67(b) 17131 09-16-81   1 2-11.2(c) 17133 09-16-81   1 18-9(c)       2 18-11 17134 09-16-81   1 19-82.1 17135 09-16-81   1 28-157 17136 09-16-81   1 2-130- 132 17139 09-23-81   1 2-151(a) 17146 09-30-81   1 28-44 17149 09-30-81   1 50-146(b) 17151 09-30-81   1 9B-6(b) 17157 10-07-81   1 2-27       2 2-49 17166 10-14-81   1 28-59 17167 10-14-81   1 28-27.1 17200 11-11-81   1 Ch. 2, Article XXII 17207 11-18-81   1 10-4       2 10-10(a)       3 10-10(d)       4 10-31       5 10-38(a)       6 10-38(c) 17208 11-18-81   1 15D-16(b)       2 15D-17(a) 17225 12-09-81   1 28-27.1 17226 12-09-81 2-3-82   12-41, 42 2-43,       2 44, 45       3 2-46, 47       4 2-52, 53, 54 2-71, 72,       5 73, 74, 75       5A 2-76, 77, 78, 79, 80, 81       6 2-139       7 2-142, 143       8 5A-3(3)       9 7-1(2)       10 7-1(4)       11 7-1.2       12 7-2       13 7-4       14 7-11       15 7-18.1       16 7-18.2(a)       17 7-18.2(b)       18 7-20       19 7-24(a)       20 7-25       21 7-26       22 7-27       23 7-28       24 7-35       25 7-39       26 7A-20       27 10-1(4)       28 13-1.1       29 13-25(c)       30 Ch. 14B       31 15-4(c)       32 15D-1(d)       33 15D-10(c)       34 17-1.3       35 17-1.5(3)(4)       36 18-12 18-15,       37 16, 17, 18       38 18-19(a)(3)       39 18-28.1 18-31,       40 32, 33       41 18-37       42 19-1 19-38, 39, 40, 41,       43 42, 43, 44, 45, 46, 46.1       44 19-86(2)       45 19-119(1)       46 25A-1(b)       47 27-3(1)       48 27-3(6)       49 28-2(17)       50 28-127, 128       51 28-140       52 40-8       53 42-1(4)       54 43A-1(1)       55 45-1.5(2)(3)       56 47-24(h)(i)       57 Ch. 50 Title, Art. I       58 50-1       59 50-39       60 50-99(a)       61 50-113(a)       62 50-131(l)       63 50-144(b)(1)       64 50-155(3)       65 50-163       73 Ch. 52, 201 Repeals Ch. 2, Art. IV-a, Ch. 2, Art.       74 XV, 27-4, 28-7, Ch. 37, Art. IV, 50-3 (b) 17237 12-16-81   1 19-28 17251 01-06-82   1 45-2.11(b)       2 45-3.9       3 45-6.4 17256 01-13-82   1 16-12.107       2 16-35.105       3 Repeals 16-13.403, 404, 405, 35.106 17259 01-13-82   1 2-21, 26.1       2 Repeals 2-29.1, 2-30 17276 01-27-82   1 16-1.215(h) 17278 01-27-82   1 2-130, 131 17293 02-10-82   1 17-1.3       2 17-1.5(3)(4)       3 19-1       4 50-163 17344 03-24-82   1 5A-6       2 5A-3 17345 03-24-82   1 28-44       2 28-45       3 28-59 17353 03-31-82   1 13A-10.1       2 2-83 17386 04-28-82   1 2-37.7(c) 17392 04-28-82   1 2-133(a)(3) 17393 04-28-82   1 2-132       2 19-1.1       3 20A-6       4 37-78       5 50-100       11 52-209(c)(2) 2-76, 2-77,       12 2-128, 19-46.1 17398 05-05-82   1 39B-2       2 39B-3       3 39B-5       4 39B-6       5 Ch. 39B, Article II 17406 05-12-82   1 28-4(f) 17407 05-12-82   1 49-15 17413 05-19-82   1 28-89       2 Repeals 28-90, 91, 92       3 28-95       4 28-96       5 28-110 17416 05-19-82   1 2-133(a) 17456 06-30-82   1 28-44       2 28-59 17457 06-30-82   1 2-24(g) 17481 07-28-82   1 13-15.1 17489 08-04-82   1 8-1.3 17498 08-18-82   1 Adds 5-55 17499 08-18-82   1 28-121.1       2 28-121.2       3 28-121.3       4 28-121.4       5 28-121.5       6 28-121.6 17500 08-18-82   1 Ch. 22, Article XX 17517 08-25-82   1 46-13(a)       2 46-15(e)       3 46-19(b)       4 46-20(a) 17545 09-22-82 10-1-82   118-9(c)(1), (2) 17546 09-22-82 10-1-82   115D-2(b) 17547 09-22-82   1 2-37.8       2 28-4(b) 17548 09-22-82 10-1-82   149-1       2 49-1.1(b)       3 49-1.1(e)       4 49-1.1(f)       5 49-1.2(b)       6 49-1.2(c)(2)       7 49-1.3(b)       8 49-1.4 (a), (b)       9 49-1.5       10 49-1.7       11 49-36(d)       12 49-37 (title)       13 49-37(g), (h), (i), (j)       14 49-52       15 49-58       16 49-59       17 49-69(a)       18 49-70(c), (d)       19 49-109.1(a)(4)       21 49-1.3 17576 10-20-82 §3, 5-1-85   128-44       2 28-59       3 28-59 17586 10-27-82   1 Ch. 15C 17597 11-10-82   1 18-13       2 18-14       3 18-17       4 18-18       5 Repeals 18-16 17618 11-24-82   1 50-19 17640 12-15-82   1 28-182 17642 12-15-82   1 Adds 2-26.2 17653 12-15-82   1 Adds 44-17 17667 01-05-83   1 28-44 17672 01-19-83   1 2-37.5       2 2-37.6       3 2-37.9       4 2-37.10       5 2-37.11 17673 01-19-83   1 15D-27(a) 17674 01-19-83   1 17-1.5(10)       2 17, Art. VIII, Adds Div. 1       3 17, Art. VIII, Adds Div. 2 17675 01-19-83   1 50-153       2 50-155       3 50-156       4 Adds 50-156.1       5 50-157       6 50-159       7 Adds 50-159.1       8 Adds 50-159.2       9 50-160       10 50-161       11 50-164       12 50-165       13 50-167       14 50-168       15 Repeals 50-166 17677 01-19-83 §2, 2-1-84   128-59       2 28-59 17700 02-02-83   1 2-32       2 2-33(a)       3 2-34(a)       4 2-34(c) 17702 02-02-83   1 2-150(c)       2 2-151(b) 17713 03-02-83   1 40A-1       2 40A-4(a)       3 40A-6(a)       4 40A-18(d)       5 40A-18(e)       6 40A-21(b)(4)       7 40A-22(a)(2)(D)       8 40A-28(b)       9 40A-25 17725 03-02-83   1 28-59 17727 03-02-83   1 16-1.212       2 16-13.606       3 16-13.608       4 Adds 16-13.610       5 16-27.301(a)       6 Adds 16-27.304 17728 03-02-83   1 2-37.1 17739 03-16-83   1 2-133(a) 17743 03-16-83   1 Adds 31-29 17746 03-16-83   1 16-13.106       2 Adds 16-13.604A       3 16-13.607       4 16-13.608 17762 03-30-83   1 52-209(a) 17767 03-30-83   1 28-59 17775 04-06-83   1 45-1.5       2 45-3.2(a)       3 45-3.7(b)       4 45-3.10       5 45-3.11(b)       6 Adds 45-3.15       7 45-4.6       8 Adds 45-4.8       9 45-5.7       10 45-5.8       11 45-6.5       12 45-7.2       13 45-7.3       14 Adds 45-7.6, 7.7, 7.8       15 45-8.6(a) 17776 04-06-83   1 2-42 17777 04-06-83   1 2, Art. IV, Div 2 17792 04-20-83   1 28-72 17815 04-27-83   1 Adds 2-37.12 17817 04-27-83   1 28-182 17828 05-04-83   1 Adds 18-34.1 17872 06-08-83   1 28-59 17875 06-15-83   1 28-44       2 28-59 17899 07-06-83   1 2-133 17906 07-13-83   1 49-84       2 Adds 49-84.1       3 49-100       4 49-106       5 49-107       6 49-108       7 Adds 49-112.1(c) 17932 07-27-83   1 Adds Art. XXIII 17938 08-03-83 10-01-83 1 Adds 2-17.1 17939 08-03-83   1 Ch. 2, Art. XXII 17944 08-10-83   1 28-59 17948 08-17-83   1 Adds 8-20.1 17953 08-17-83   1 2-155 17955 08-24-83 09-01-83 1 Ch. 44, Article V 17964 09-07-83   1 28-113 Adds       2 28-114.1 thru 28-114.12 17985 09-28-83   1 18-13 17987 09-28-83 10-01-83 1 18-9(c)(1), (2) 17988 09-28-83 10-01-83 1 17-9.6(a)       2 17-9.8(b) 17989 09-28-83 10-01-83 1 43A-17(c) 17990 09-28-83 10-01-83 1 15D-2(b) 17991 09-28-83 10-01-83 1 49-1.1(b)       2 49-1.1(e)       3 49-1.1(f)       4 49-1.2(b)       5 49-1.2(c)(2)       6 49-1.3(b)       7 49-1.4(a), (b)       8 49-1.7       9 49-6(b)       10 49-8       11 49-11(d),(e), (f)       12 49-37(i)       13 49-69(a)       14 Adds 49-69(g)       15 49-70(c)       16 49-102       17 49-109.1(a)(4) 17992 09-28-83 10-01-83 1 15-2(c)       2 52-303(f)(1)       3 52-303 (Table A) 18001 10-05-83   1 5A-14(d)       2 7-24(f)       3 7-29(b)       4 13-1       5 16-1.209(e)       6 16-12.112       7 16-13.401(f)       8 16-27.303       9 16-27.304(d)       10 17-9.18(b)       11 27-10(d)       12 49-84.1(c)       14 52-214 18027 10-26-83   1 52-209(a)       2 52-210(a) 18029 10-26-83   1 Adds Ch. 44, Art. IV 18033 11-02-83   1 45-3.2 18034 11-02-83   1 49-77 18044 11-16-83   1 Ch. 42, Art. I       2 Repeals 42-9 18056 11-23-83   1 2-26.2(g)(3) 18093 01-04-84   1 24-3       2 Adds 24-6.1       3 Repeals 24-2, 24-4 18094 01-04-84   1 Adds 2-26.3       2 2-27 18100 01-11-84   1 Ch. 39 18119 01-11-84   1 Ch. 43, Art. VI 18122 01-11-84 07-11-84 1 16-13.101(12)       2 16-13.104(3)(A)       3 16-13.401A(c)       4 16-13.502       5 16-13.503(3)(B)       6 16-35.108(2) 18123 01-11-84 §1, 07-11-84 1 49-26     §2, 10-01-84 2 Repeals 49-26A 18136 01-18-84   1 52-301(a)       2 52-301(c)       3 52-303(b), (c)       4 52-303 Table A 18147 01-25-84   1 16-13.106       2 Adds 16-13.403       3 16-19.104 18181 (by 02-29-84 04-09-84 1 40A-1 election)       2 40A-4(a)       3 40A-7       4 40A-9       5 40A-11(c)       6 40A-13(a)       7 40A-14(a)       8 40A-16(a)       9 40A-17(a)       10 40A-19       11 40A-21       12 40A-22(a)       13 40A-23(b)       14 40A-28       15 40A-29 18193 03-07-84   1 Adds Ch. 19, Art. IVA 18200 03-14-84   1 Adds Ch. 2, Art. IX       2 7-18.2       3 9A-9       4 10-12       5 10-36       6 14-12       7 15D-8       8 15D-23       9 17-9.4(b)       10 17-9.4(c)       11 17-9.12(c)       12 17-9.15(c)       13 17-9.17       14 19-126       15 20-14       16 22-7       17 25A-9       18 28-167       19 28-176       20 32-28       21 45-2.10(d)       22 46-11       23 50-69(c)       24 50-86       25 50-107       26 50-120       27 50-136(g)       28 50-136(h)       29 50-138(b)       30 50-138(c)       31 50-139       32 50-148       33 50-167       35 Repeals 17-9.16 18201 03-14-84   1 2-37.2       2 2-37.7 18203 03-14-84   1 Adds 15A, Art. II 18212 03-21-84   1 2-37.2       2 2-37.7(c) 18215 04-04-84   1 Repeals 6-6 18223 04-11-84   1 5A-7(a), (b) 18252 05-09-84   1 Adds Ch. 29       2 Repeals Ch. 50, Art. III 18265 05-23-84   1 28-44       2 28-45(a)       3 28-45(b)       4 28-59 18283 06-06-84   1 28-44       2 28-45(a) 18297 06-13-84   1 Adds 17-2.7 18298 06-13-84   1 2-42 18311 06-27-84   1 16-13.101(10)       2 16-13.106 18403 09-19-84   1 15A-2 18408 09-26-84   1 Adds 28-52.1       2 Adds 28, Art. XI, Div. 6B 18409 09-26-84   1 28-50       2 28-60 18411 09-26-84 10-01-84 1 6A-5       2 7-9(a)       3 7-10       4 7-18(d)       5 7-24(a)       6 7-31       7 7-32(a)       8 14-4       9 15C-12(a)       10 17-9.7(c)       11 19-121       12 25A-6       13 27-14(c)       14 27-18(a)       15 28-4       16 28-170       17 28-177       18 32-27       19 39B-9       20 43A-17(c)       21 43A-18(b)       22 44-16(a)       23 46-1       24 46-2       25 46-3(d)       26 46-5       27 50-12       28 50-101       29 50-116       30 50-137(a)       35 52-301(b)       36 52-303       37 53-4513       38 53-6101(d)       39 53-6412       40 Repeals 20-17, 18 18412 09-26-84 10-01-84 1 49-1.1(b)       2 49-1.2(b)       3 49-1.3(b)       4 49-1.4(a), (b)       5 49-1.7       6 49-6(c)       7 49-8       8 49-11(d), (e), (f)       9 49-25(a)       10 49-36(d)       11 49-51(a)       12 49-52       13 49-69(a)       14 49-71(d)       15 49-70(c)       16 49-102       17 49-109.1(a)(4)       18 49-135(3) 18416 09-26-84   1 Ch. 19, Art. X 18441 10-24-84   1 Adds Ch. 19, Art. XI 18476 11-21-84 12-01-84 1 2-155 18477 11-21-84   1 13-2.2       2 Adds 13-2.4       3 Adds 13-2.5       4 13-3 18483 12-05-84   1 28-44       2 28-50       3 28-59 18484 12-05-84 §4, 6, 01-01-85 4 28-44       5 28-59       6 28-71 18515 12-12-84   1 Ch. 13A 18531 12-19-84   1 2-133(a)(2)       2 2-148(a) 18534 12-19-84   1 17-9.2       2 17-9.5       3 17-9.8 18560 01-23-85 09-01-85 1 Ch. 2, Art. XII       2 8-1.2(a)       3 8-14 18566 01-30-85   1 15D-27 18567 01-30-85   1 50-151 18575 02-06-85   1 Adds Ch. 31A, Art. II 18591 02-13-85 06-01-85 1 Adds Ch. 27, Art. VI 18623 03-06-85   1 Adds 2-37.13       2 24-11 18665 04-10-85   1 Adds Ch. 2, Art. XXIV 18682 04-24-85   1 Ch. 17 18685 05-01-85   1 28-59 18702 05-15-85   1 Adds Ch. 42A       2 50-156(b)       3 Repeals Ch. 12, 50-158, 50-159(f) 18725 05-22-85   1 14-1       2 14-3(c)       3 Adds 14-3.1       4 14-4       5 14-5       6 14-9       7 14-13 18735 05-29-85   1 Adds 18745 06-05-85   1 Adds 32-11.2 18785 07-10-85   1 Ch. 33 18795 07-17-85   1 2-155(b)       2 2-155(g) 18796 07-17-85   1 2-153(e) 18798 07-17-85   1 30-4 18803 07-24-85   1 14-1       2 14-3       3 14-4       4 14-5       5 14-6(a)       6 14-8       7 Adds 14-8.1       8 14-9(a)       9 14-10       10 14-11 18823 07-31-85   1 32-65 18828 08-07-85   1 1-5       2 1-6(a) 18829 08-07-85   1 45-1.5       2 45-2.10(c)(1)       3 45-3.2       4 45-3.6       5 45-3.7(d)       6 45-3.8       7 45-3.12       8 45-3.13 18836 08-14-85   1 2-150(c)       2 Adds 2-151 (b)(9), (10) 18837 08-14-85   1 13-2.2(c)       2 13-2.4       3 13-5.4 18838 08-14-85   1 Adds 43, Art. VI, Div. 1 Title         Adds 43, Art. VI, Div. 2       2 43-116 thru 119 18850 08-28-85   1 Ch. 2, Art. IV, Div. 2 18875 09-18-85   1 42-18 18876 09-18-85 10-01-85 1 18-11(a), (b)       2 19-121(a)       3 27-14(c)       4 27-18(a)       5 49-1.3(b)       6 49-1.4(a)       7 49-1.7(a)       8 50-101       9 50-116       10 50-137(a) 18891 10-02-85   1 Adds 28-63.2 18892 10-02-85   1 39B-2       2 39B-3       3 39B-4       4 Adds 39B-4.1       5 39B-5(a) 18902 10-16-85   1 5A-6       2 5A-7       3 5A-9       4 5A-14       5 Repeals 5A-8 18905 10-23-85   1 31A-7(a) 18940 11-20-85   1 2-157 18960 12-04-85   1 31-3 18961 12-04-85 02-06-86, 41-3, 06- 1 Adds 06-86 Ch. 41       3 Repeals 19-37.1 18962 12-04-85   1 43-112       2 43-114       3 43-115(a) 18969 12-11-85 01-01-86 1 15-2       2 15-10(a)       3 19-88 18982 12-18-85   1 28-44       2 28-59 18983 12-18-85   1 28-44       2 28-50       3 28-59 18994 01-08-86   1 14-1(6)       2 14-8.1 18997 01-15-86   1 8-9       2 Repeals 8-12 19081 03-19-86   1 28-59 19099 03-26-86 04-01-86 1 Adds Ch. 48A       2 31-14.1(c)       4 Repeals 50, Art XI 19172 05-21-86   1 Adds 18-4(a)(3) 19173 05-21-86   1 28-2(8)       2 28-114.1       3 28-114.2       4 Repeals 28-114.3 thru 28-114.10 19180 06-04-86   1 Adds 28-20.1 19181 06-04-86   1 13-4       2 13-15 Adds 19190 06-11-86 07-15-86 1 Ch. 43, Art. VI, Div. 3, 43-126.3 thru 43-126.14 19196 06-18-86   1 Adds Ch. 41A       2 Repeals 31-24       3 Repeals 31-26 19201 06-25-86 07-01-86 1 Ch. 49 19232 07-16-86   1 43-136       2 43-139 19234 07-16-86   1 Ch. 27 19241 07-23-86   1 46-1       2 46-3(e)       3 46-4       4 46-9       5 46-10(b), (c)       6 46-11       7 46-12.3       8 46-12.4       9 14-1(e)       10 14-2(e)       11 14-12 19290 09-17-86 10-01-86 1 Adds Ch. 13, Art. III 19300 09-24-86 10-01-86 1 5-4       2 7-10       3 Ch. 7, Art. II       4 15C-12(a)       5 15D-4(c)       6 15D-5(c)       7 Adds 16-1.307       8 16-11.102       9 Adds 16-11.103(c), (d), and (e)       10 Adds 16-11.106(c)       11 16-12.102       12 16-12.103       13 16-12.104       14 16-19.503       15 16-19.505       16 16-20.114(a)       17 Adds 16-20.114B       18 16-31.201       19 16-31.202       20 16-31.204       21 16-31.301       22 16-31.401       23 16-31.402       24 17-9.6(a)       25 17-9.7(c)       26 17-9.8(b)       27 18-9(c)(1), (2)       28 18-11       29 19-82.1       30 19-121(a)       31 27-18(a)       32 28-4(b)       33 28-9       34 Adds 28-26(d)       35 29-6       36 29-24(b)       37 43A-17(c)       38 45-2.11(b)       39 48A-7(c)       40 48A-22(a)       41 49-18.1(c)       42 49-18.1(f)(1)       43 49-18.2(c)       44 49-18.4(e)       45 49-18.6       46 49-18.7(a)       47 49-18.7(e)       48 49-18.9       49 49-18.10(a)       50 49-18.12       51 49-18.13       52 49-18.16       53 50-7       54 50-101       55 50-137(a)       56 50-159.1(c)       69 Repeals 7-9 19312 10-01-86   1 Ch. 2, Art. IV       2 2-42       3 Ch. 2, Art. XVI       4 9B-2(a)       5 9B-6(a)       6 Ch. 14A       7 15-4(c)       8 Ch. 15D, Art. III       9 Ch. 16, Appendix B(a)       10 28-128.6       11 28-128.7       12 28-128.10       13 28-128.11(b)       14 28-128.13       15 28-128.15       16 28-128.16       17 28-140(c)       18 28-140(f)       19 32-83       20 42-2(c)       21 42-10(a)       22 42-12       23 42A-5(c)       24 46-13(a)       25 46-15(g)       26 46-18(e)       27 Adds 47-1(3)       28 47-24(h)       29 47-24(i)       30 48A-4(4)       31 50-4       33 Repeals Ch. 2, Art. V-a, Art. XIV, and Art. XVIII 19340 10-22-86 10-27-86 1 Adds Ch. 34 19377 11-12-86   1 41A-2(13)       2 Renumbers 41A-2 (15) thru (21) as (17) thru (23)       3 Adds 41A-2 (15) and (16)       4 41A-5       5 41A-7       6 41A-10(d) and (e)       7 41A-13(a) 19388 11-19-86   1 Adds 44-37.1       2 44-39(a) 19398 12-03-86   1 Ch. 43, Art. IV Renumbers 19409 12-10-86   1 18-2(26) thru (46) as (27) thru (47) and adds new 18-2(26)       2 18-2(37)       3 18-3(a)       4 18-5       5 18-9(b)(3)       6 18-9(c)(1)       7 18-9(c)(2) 19425 12-17-86   1 5-31(c) 19455 02-04-87   1 1-5       2 1-6(c)       3 2-26.2(g)(3)       4 7-15(c)       5 15A-8       6 15A-9(c)       7 15A-10       8 15A-13(b)       9 20-30       10 28-81       11 30-4(a)(1)       12 31-22(b)       13 31-22.1(b)       14 43-125(b)       15 43-126.11(a)       16 44-17       17 50-168(c)       19A Title, Art. I 19470 02-18-87 (by 04-04-87 1 40A-1 election)       2 40A-4(a)(9)       3 40A-5(a)       4 40A-6       5 40A-7       6 40A-8       7 40A-10       8 40A-11       9 40A-13       10 40A-14(b)       11 40A-16(b)       12 40A-18       13 40A-19       14 40A-21       15 40A-22       16 40A-23       17 40A-25       18 40A-26       19 40A-27(b)(1)       20 40A-28       21 40A-31(a)       22 40A-33 19473 02-18-87 §7, 6, 04-01-87 1 34-1(b)(18)       2 Adds 34-4(33)       3 34-8(a)(2)       4 34-16       5 34-17(d)       6 34-20(b)       7 34-23(c)       8 34-28(b)       9 Reletters 34-31(e) as (d)       10 34-41(a)(7)(A)       11 34-43(d)       12 34-43(j) 19502 03-25-87   1 28-59 19517 04-15-87   1 Adds Ch. 35       2 50-156(b) 19521 04-22-87   1 28-114.12 19526 04-22-87   1 49-1       2 49-18.11       3 49-18.15       4 49-62 19541 05-13-87   1 Adds 32-11.5 19555 05-20-87   1 28-114.1 19562 05-27-87   1 34-37(d)       2 34-38(a) 19566 06-03-87   2 7A-6 19567 06-03-87   1 10-1(1)       2 Adds 10-41(c) 19579 06-24-87 07-01-87 1 28-19 19580 06-24-87 10-01-87 1 Adds Ch. 44, Art. II 19604 07-22-87   1 2-150(c)       2 2-151(b) 19605 07-22-87   1 2-155(g) 19606 07-22-87   1 2-153(e) 19622 07-29-87   1 49-1(23)       2 49-1(67)       3 49-1(77)       4 49-1(79)       5 49-3       6 49-14       7 49-24(a)       8 49-26(d)       9 49-42(a)       10 49-47       11 49-56(d)       12 49-61(c)       13 49-62(d)       14 49-62(e) 19631 08-12-87 09-01-87 1 44-35 19640 08-19-87   1 2-37(e) 19647 08-26-87   1 5A-3         5A-5         Adds 5A-8 19648 08-26-87 03-01-88 1 Ch. 41 19649 08-26-87   1 Adds Div. 19660 09-02-87   1 2-133(a) 19673 09-16-87   1 27-6(a) 19677 09-23-87 10-01-87 1 5-31(c) 19679 09-23-87 10-01-87 1 2-37.10       2 2-137       3 9B-5       4 9B, Art. II       5 28-128.6       6 28-128.7       7 28-128.15       8 28-128.16 Renumbers       9 34-4(33) thru (36) as (34) thru (37), Adds 34-4(33) 19680 09-23-87 10-01-87 1 15D-2(b)       2 Adds 44-17.1       3 50-7 19682 09-23-87 10-01-87 1 49-2(d)       2 49-18.1(c)(5)       3 49-18.1(c)(6)       4 49-18.1(f)       5 49-18.1(g)       8 49-18.4(e)(1)       9 49-18.5       10 49-18.12(1)       11 49-41(c) 19712 10-14-87   1 2, Art. XXIII 19742 10-28-87   1 2-37.8 19749 11-04-87   1 28-10(b)       2 28-24.1       3 28-44       4 28-45(a)       5 28-45(b)       6 28-50(c)       7 28-59       8 28-60(b)       9 28-64       10 28-71       11 28-72       12 28-74 19760 11-11-87   1 Repeals 2-155(e) 19774 12-02-87   1 2-133(a) 19802 12-16-87 01-01-88 1 13, Art. II       2 Repeals 13, Art. III 19804 12-16-87 01-01-88 1 16-1.204 19814 01-06-88   1 28-45(a) 19818 01-06-88   1 Adds 37, Art. III 19825 01-13-88   1 Adds 46-14.1 Adds 19854 02-10-88 06-01-88 1 15C, Art. I Title and Art. II       2 15C-1       3 15C-2(c)       4 15C-6       5 15C-16       6 Repeals 15C-17 19855 02-10-88   1 Adds 31-16 19861 02-24-88   1 19-28 19869 02-24-88   1 28, Art. XVI       2 42A-1       3 42A-4       4 42A-5       5 42A-6(a)       6 42A-8(a)       7 42A-10       8 42A-11(b) 19875 03-09-88   1 2-11.2       2 2-26.2(f) 19884 03-09-88   1 31A-7(a)       2 31A-10 19889 03-23-88 04-01-88 1 Adds 31-29 19894 03-23-88   1 16, Retitles Art. XIII, Div. 6       2 16-13.601 19895 03-23-88   1 50-156 19896 03-23-88   1 27-3(17)       2 27-4       3 27-5.1       4 27-8(a)       5 27, Retitles Art. IV       6 27-13       7 27-14       8 27-14.3 19903 03-23-88   1 37-34       2 Adds 37-35(c), (d) and (e) 19924 04-13-88   1 8-1       2 Adds 8-14.1 19932 04-27-88   1 34-11       2 34-22(a)       3 34-23(a) 19954 05-11-88   1 7-1       2 7-1.1       3 7-2       4 7-4       5 7-5       6 7-7       7 7-8       8 7-10       9 Adds 7-10.1       10 7-16       11 7-18       12 7-18.1       13 7-20       14 7-22       15 Adds 7-22.1       16 Adds 7-22.2       17 7-23       18 7-24       19 7-25       20 7-29       21 7-31       22 7-35(c)       23 7-38 19963 05-25-88   1 2-4       2 2-9       3 5A-14(c)       4 6-6.1(c)       5 7A-20(b)       6 11-7       7 13-1(a)       8 13A-10       9 14B-13(b)       10 15C-16(b)       11 16-1.209       12 16-12.112(a)       13 16-13.401(f)       14 16-20.118B       15 16-27.303       16 16-27.304(d)       17 17-9.17(c)       18 18-9(c)(8)       19 18-12(b)       20 18-25       21 19-6       22 19-22       23 19-23       24 19-24       25 19-25       26 19-26       27 19-33       28 19-35       29 19-44       30 19-58       31 19-59       32 19-65       33 28-30       34 28-150(a)       35 29-4(b)       36 31-19(c)       37 31-20(c)       38 31-21(c)       39 32-11       40 32-45       41 32-60       42 35-10       43 36-4       44 36-9       45 36-41       46 39-3(d)       47 39B-6       48 40-5       49 41A-21(a)       50 41A-21(c)       51 42-12a; Renumbered as 42-12.1       52 43-7       53 43-14       54 43-15       55 43-63       56 43-117       57 43-139.1(d)       58 44-18; Renumbered as 44-17.1       59 44-28       60 44-33       61 44-39(b)       62 45-8.6(a)       63 48-9       64 48-10       65 48A-42(a)       66 50-35       67 50-95       68 50-130       69 50-143(d)       70 50-162(b) 19969 05-25-88   1 43-126.6(b) 19983 06-08-88   1 Ch. 37, Art. III       2 2-122 (a)(10)(B)       3 8-1.4(a)(4) 19991 06-22-88 07-01-88 1 18-3       2 18-4(a)(1)       3 18-4(f)(2)       4 18-5(a)       5 18-9(c)(1) 19997 07-13-88   1 Repeals 44-35(d) 20012 07-27-88 10-01-88 1 28-2 Adds       2 28-76.1, 28-76.2, 28-76.3       3 Adds 28-81.1       4 28-82       5 28-85       6 28-88       7 28, Art. XI, Div. 7       8 Repeals 28-83, 28-118, 28-121.6, 28- 126, 28-128.5, 28-128.14 20016 07-27-88   1 8-1.4(a) 20017 07-27-88   1 27-4       2 Adds 27-5.2 20026 08-10-88   1 17-1.5       2 17-1.6       3 17-2.1       4 17-2.2(b)       5 17-2.4       6 17-2.5(a)       7 17-3.1(a)       8 17-3.2(d)       9 17-3.3(a)       10 17-3.4(g)       11 17-4.2(a)       12 17-4.3(e)       13 17-4.9(b)       14 17-4.11(c)       15 17-5.4(a)       16 17-6.3       17 17-6.4       18 17-6.5       19 17-6.6(a)       20 17-6.7       21 17-7.1       22 17-7.3       23 17-7.5(c)       24 17-7.6       25 17-7.7       26 Retitles 17, Art. VIII       27 17-8.1       28 17-8.2       29 17-8.4       30 17-8.9       31 17-8.10(c)       32 17-8.11       33 17-8.12(a)       34 17-8.12(d)       35 Adds 17, Art. VIII, Div. 3       36 17-9.2(1)       37 17-9.3       38 17-9.4       39 17-9.5       40 17-9.8       41 17-9.10       42 17-9.11(b)       43 Adds 17-9.12 (d), (e), and (f)       44 17-9.14(b)       45 17-9.15(a)       46 17-9.17       47 17-9.18       48 Adds 17-9.24       49 Repeals 17-8.6 20044 08-24-88   1 2-37.7 20052 08-24-88   1 Adds 31-30 20059 09-14-88   1 Adds 1-7(b) 20061 09-14-88   1 2, Art. IV, Div. 2 20064 09-14-88   1 Adds 2, Art. X 20073 09-28-88 10-01-88 1 2-42       2 Adds 2, Art. V-a       3 5-10       4 15-10(a)(2)       5 44-24       6 44-34 20074 09-28-88 10-01-88 1 Repeals 42, Art. I 20075 09-28-88 10-01-88 1 34-20(b)       2 34-24(e)(1) 20076 09-28-88 10-01-88 1 5A-3(4)       2 Adds 5A-3(6)       3 Adds 5A-5.1       4 5A-14(a)       5 7-10       6 7-20(b)       7 7-24(e)       8 10-10(a)       9 10-15       10 10-37(d)       11 15D-4(c)       12 17-9.4       13 18-32       14 19-82.1       15 28-4(b)(2)       16 Renumbers 31-29 as 31-30       17 45-3.3       18 45-3.9       19 45-6.4(h)       20 50-7(b)       21 50-116       22 50-137(a) 20077 09-28-88 01-01-89 1 49-18.1(g)     10-01-88 2 49-18.2(c)     01-01-89 3 49-18.4(b)     10-01-88 4 49-18.4(e)     01-01-89 5 49-18.5     10-01-88 6 49-18.11 20088 10-12-88   1 34-32 20095 10-12-88 01-01-89 1 Adds 42, Art. I 20112 10-26-88 01-01-89 1 15C-1       2 15C-2       3 Adds 15C-2.1       4 15C-3       5 Adds 15C-10(c)       6 15C-12       7 15C-13       8 Adds 15C-14.1 20148 12-14-88   1 28-114.1 20161 01-11-89   1 32-82 20168 01-11-89   1 Adds 28-76.4 20169 01-11-89   1 Adds 28-158.1 20196 02-08-89   1 28-44       2 28-45(a)       3 28-50(c)       4 28-59 20199 02-08-89   1 9A-11 20200 02-08-89   1 Adds 2-37.1.3 thru 2-37.1.9 20201 02-08-89   1 13-5 20210 02-22-89   1 25A-15 20211 02-22-89   1 Adds 9B-2 (a)(9) 20215 02-22-89   1 49-7(c)(2)       2 49-13(a)       3 49-16(c)   06-01-89   4 49-18.7   06-01-89   5 49-24   06-01-89   6 49-26(b) and (c)       7 49-42(a)       8 49-47     04-01-89 9 49-52       10 49-53       11 49-56       12 49-60(f)     06-01-89 12 49-60(g)     06-01-89 13 49-61(c)       14 49-62       15 Repeals 49-18.4(b) Adds 20216 02-22-89   1 2-140 and 2-141 20241 03-08-89 06-08-89 1 Ch. 39B     Repealed by 21310 2 Repeals Ch. 22 and Ch. 33 on 06-10-92 20251 03-22-89   1 Adds 34-36 (b)(11)(C) 20256 03-22-89   1 Adds 2, Art. IV-a 20260 03-22-89 06-08-89 1 Adds Ch. 40B 20266 04-12-89   1 Adds 2, Art. XXV, 2-159 and 2-160 Adds       2 2, Art. XXVI, 2-161 and 2-162 20267 04-12-89   1 2, Art. X 20269 04-12-89   1 28-2(a)(5)       2 28-19(b)       3 Adds 28-76.5       4 28-81       5 28-81.1(a)       6 28-88(a)       7 28-89       8 28-95     06-01-89 9 28-96     06-01-89 10 Adds 28-96.1       11 28-100       12 Retitles 28-107       13 Retitles 28-108       14 28-110       15 28-119       16 28-129       17 28-130.2(b)       18 28-130.9(a)       19 Repeals 28-114 20279 04-26-89   1 2-96 20291 04-26-89   1 Adds 41A-2(11) and renumbers (12) thru (24)       2 41A-13(a) 20301 05-10-89 07-01-89 1 Adds 5-56 20302 05-10-89 09-01-89 1 8-6 20316 05-24-89 06-01-89 1 Adds 7-13.1     06-01-89 2 7-22     06-01-89 3 7-22.2     06-01-89 4 Adds 7-28.1     06-01-89 5 Renumbers 7-31 as 7-21.1     06-01-89 6 Adds 7-31.1 20329 06-14-89   1 Adds 28, Art. XVII 20335 06-14-89 10-01-89 1 49-47 20336 06-14-89 07-01-89 thru 08- 1 32-11.3 31-90 20354 06-28-89 (by 08-12-89 1 Adds election) 40A-32 20414 08-23-89 09-06-89 1 34-43 20417 08-23-89   1 Adds 10-42.1 20418 08-23-89   1 2-150(c) 20419 08-23-89   1 2-155(h) 20420 08-23-89 09-01-89 1 2-153 20433 09-13-89   1 Adds 27-3.1 20443 (by 09-20-89 11-07-89 1 40A-9(d) election)       2 40A-16(a)       3 40A-21(a)       4 40A-22(a)       5 40A-23 20448 09-27-89 10-01-89 1 15-3     10-01-89 2 15-11     01-01-90 3 18-11     10-01-89 4 19-28     10-01-89 5 28-4(b)     10-01-89 6 28-5     10-01-89 15 Repeals 15-10 20449 09-27-89 10-01-89 1 49-18.1(c)(5)       2 49-18.1(c)(6)       3 49-18.1(g)       4 49-18.4(b)       5 49-18.4(e)       6 49-18.5       7 49-18.11 20454 10-11-89   1 31A-10 20455 09-27-89   1 45-2.3(a)       2 Adds 45-2.3.1       3 45-2.4       4 45-2.9(a)       5 45-2.10(c)(1)       6 45-3.1       7 45-3.2(a)       8 45-3.5       9 45-3.10       10 45-3.12       11 45-4.5       12 45-5.6       13 45-5.7(c)       14 45-5.8       15 45-6.2(b)       16 45-6.4(b)       17 45-6.4(j)       18 45-7.3(a)       19 45-7.5       20 Adds 45-7.5.1       21 45-7.6       22 45-7.7       23 45-7.8       24 Adds 45-8.1.1 20456 09-27-89   1 2-102(2)       2 2-105(a) 20457 09-27-89   1 Adds 2-17.2 20462 09-27-89   1 2-161(a) 20470 10-11-89   1 27-8       2 Retitles 27, Art. IV       3 27-13       4 27-15       5 27-16 20475 10-11-89 12-13-89 1 28-44 20482 10-25-89   1 2, Art. V 20488 10-25-89   1 Ch. 8 Adds 20526 12-13-89   1 2, Art. XXVII, Secs 2-163 thru 2-166       2 34-40 20527 12-13-89   1 2, Art. VIII-a 20552 01-24-90   1 Renumbers 41A-2 (14) thru (24) as (15) thru (25)       2 Adds 41A-2(14)       3 41A-4(c)       4 41A-5(a)       5 41A-8       6 41A-11       7 41A-21(b) 20559 02-21-90   1 2-24(a)       2 2-24(e)       3 2-34       4 2-36       5 Adds 2-37.14 Adds 20570 02-28-90   1 2, Art. XIV, Secs 2-130 thru 2-132 20578 03-14-90   1 27-11(c)       2 Adds 27-11 (g), (h), (i), and (j) 20583 03-14-90   1 7-7       2 Adds 7-9 20599 04-11-90   1 7A-17       2 7A-18       3 7A-19       4 7A-20       5 18-10       6 18-12       7 Adds 18-12.1       8 18, Art. II       9 18, Art. III       10 Adds 18-40       11 27-4(b)       12 Adds 31-7(e)       13 40-5 20606 04-11-90   1 Adds 28-42.1 20612 4-25-90 5-1-90 1 Amends 5A-3(4)       2 Amends 5A-5.1(b)       3 Amends 5A-8       4 Amends 7-10       5 Amends 7-18(g)       6 Amends 7-20(b)       7 Amends 14-4       8 Amends 16-1.307(a)       9 Amends 17-9.23       10 Adds 24-2       11 Adds 24-4       12 Amends 39B-9       13 Amends 41A-6(a)       14 Amends 42A-5(a)       15 Amends 43A-18(b) 20613 04-25-90   1 39A-2       2 Adds 39A-4(k)       3 39A-5(j)       4 39A-5(p)(3)       5 39A-5(q)(4)       6 39A-5(q)(5)       7 39A-5(r)(2)       8 39A-5(s)       9 Adds 39A-5(u)       10 Adds 39A-6(a)(14)       11 39A-6(b)(1)(A)       12 39A-6(b)(5)       13 39A-6(c)(1)       14 39A-6(d),(e), (f),(g),(h)       15 39A-6(k), (l), (m) 20636 5-23-90   1 Amends 49-18.4(a)       2 Amends 49-18.4(c)       3 Amends 49-18.4(e) 20652 6-13-90   1 Amends Ch. 20A 20653 6-13-90   1 Amends 49-1       2 Amends 49-3       3 Amends 49-7(e)       4 Amends 49-12       5 Amends 49-13       6 Amends 49-18.10       7 Amends 49-18.15(a)       8 Amends 49-24(b), (c)       9 Amends 49-30(a)       10 Amends 49-33(b)       11 Amends 49-56       12 Amends 49-59(d)       13 Amends 49-60(f)       14 Amends 49-62       15 Amends 49-63(c)       16 Repeals 49-36       17 Repeals 49-57, 49-58 20663 6-27-90   1 Adds 6-6       2 Adds 6A-3       3 Amends 6A-7       4 Amends 6A-8(a)       5 Amends 6A-10(d)       6 Adds 14-2.1       7 Adds 14-3(a)(14)       8 Amends 14-9(d)       9 Adds 14-11(b)(7)       10 Amends 14-11(c) 20664 7-27-90   1 Amends 16-27.420A 20665 7-27-90   1 Amends 2-140 20679 7-11-90   1 Adds 27-16(f), (g) 20680 7-11-90 8-1-90 until 7-31- 1 Adds 91 32-9.1 20699 8-8-90 Expires 8-31-91 1 Extends eff. date of 32-11.3 20716 9-12-90   1 Amends 34-28       2 Amends 34-31 20736 9-26-90 10-1-90 1 Amends 15C-2(b)       2 Adds 18-9(c)(9)       3 Amends 28-96.1(c)       4 Adds 48-11 20737 9-26-90 10-1-90 1 Amends 49-9(e)       2 Amends 49-18.1(c)(5)       3 Amends 49-18.1(c)(6)       4 Amends 49-18.1(f)(1)       5 Amends 49-18.1(g)       6 Amends 49-18.2(c)       7 Amends 49-18.4(b)       8 Amends 49-18.4(e)       9 Amends 49-18.5       10 Amends 49-18.11       11 Amends 49-18.16       12 Amends 49-24(b) 20743 9-26-90 10-1-90 3 Amends 43-26       4 Repeals Ch. 15 20745 9-26-90 12-1-90 1 Amends Ch. 10 20766 10-24-90 12-1-90 1 Adds Ch. 10A 20780 11-7-90   1 Amends Ch. 20A 20781 11-7-90   1 Adds 31-31 20787 11-14-90   1 Adds Ch. 39C 20788 11-14-90 12-1-90 1 Adds Ch. 10B 20795 11-14-90   1 Adds 31-32 20811 11-14-90   1 Amends 31A-4(5) 20818 11-28-90   1 Adds 2-11.3 20836 12-12-90   1 Amends 16-1.215(d)       2 Amends 16-1.215(e)       3 Amends 16-1.215(f)       4 Amends 16-19.104 20838 12-12-90 1-1-91 1 Amends 18-11 20858 1-23-91   1 Adds 5-3(c) 20872 2-13-91   1 Repeals 2-133, 2-134 20909 3-27-91   1 Amends 42-1(1)       2 Amends 42-2       3 Amends 42-3(b)(7)       4 Amends 42-4       5 Amends 42-5(a) 20910 3-27-91   1 Amends 2-37.10 20951 5-22-91   1 Amends 2-11.2 20960 6-12-91 11/5/91; § 2, 1/1/ 1 Amends 92 Ch. 40A     1/1/92 2 Repeals 40A-26 20963 6-12-91 Expires 8-31-96 1 Amends 32-11.3 20964 6-12-91 Expires 8-31-96 1 Amends 32-9.1(d)       2 Amends Ord. 20680 Renumbers 20965 6-12-91   1 28-2(3)-(24) as (4) - (25), Adds 28-2(3) Renumbers       2 28-2(9)-(25) as (10)-(26), Adds 28-2(9)       3 Amends 28-4(a)       4 Adds 28-5.1       5 Amends 28-19(b)       6 Amends 28-130.10 20966 6-12-91   1 Adds 31-33 20987 6-26-91   1 Amends Ch. 29 20988 6-26-91   1 Amends 34-39(c) 20989 6-26-91   1 Amends Ch. 15B 20994 6-26-91   1 Amends 2-37.1.3(2)       2 Amends 2-37.1.4       3 Amends 2-37.1.5       4 Amends 2-37.1.6       5 Amends 2-37.1.7(a)       6 Amends 2-37.1.8       7 Amends 2-37.1.9(a) 21004 6-26-91 7-1-91 1 Amends 28-130.9       2 Amends 28-130.12 21009 8-14-91   1 Amends 2-155(h) 21010 8-14-91   1 Amends 2-153(e) 21011 8-14-91   1 Amends 13-5       2 Adds 13-5.1 21012 8-14-91   1 Amends Ch. 2, Art. XXI 21021 8-14-91   1 Amends 6-6.1 21025 8-28-91 § 1, 8-26-91 1 Adds 1.9     §§ 4, 5, 9-1-91 2 Amends 18-12(d)       3 Amends 18-17(b)       4 Amends 18-22(c)       5 Amends 18-25(a)       6 Amends 27-16 21026 8-28-91 9-1-91 1 Amends 15C-1(5)       2 Amends 15C-2       3 Amends 15C-3       4 Amends 15C-8       5 Amends 15C-12       6 Amends 15C-13       7 Amends 15C-14       8 Amends 15C-14.1       9 Amends 15C-15(b)       10 Amends 15C-15(e)       11 Amends 15C-16(c) 21030 8-28-91   1 Adds 31-35 21035 8-28-91   1 Amends Ch. 15A, Art. I 21037 9-11-91   1 Amends 32-21       2 Amends 32-22.1       3 Amends 32-35 Changes name of 21038 9-11-91 10-1-91 1 Ch. 16 and incorporates into Uniform Fire Code Amends 21045 9-11-91 1-1-92 1 49-60(f), 49-60(g) 21055 9-25-91   1 Amends 20A-4(c)       2 Amends 20A-5(a)       3 Amends 20A-5(b)       4 Amends 20A-12(c)       5 Amends 20A-14(a) 21056 9-25-91   1 Amends 15D-4(d)       2 Amends 15D-6(c) 21057 9-25-91 10-1-91 1 Amends 15C-2       2 Amends 27-18(a) 21058 9-25-91 10-1-91 1 Amends 18-2(4)       2 Amends 18-3(b)(2)       3 Amends 18-4(a)       4 Amends 18-5       5 Amends 18-9(c)       6 Amends 18-11       7 Amends Ch. 18, Art. IV 21059 9-25-91 10-1-91 1 Adds Ch. 2, Art. XXVIII 21060 9-25-91 10-1-91 1 Adds 2-168       2 Adds 2-169 21061 9-25-91 10-1-91 1 Amends 49-18.1(c)(5)       2 Amends 49-18.1(c)(6)       3 Amends 49-18.1(f)(1)       4 Amends 49-18.1(g)       5 Amends 49-18.2(e)       6 Amends 49-18.2(c)       7 Amends 49-18.4(b)       8 Amends 49-18.4(e)       9 Amends 49-18.5       10 Amends 49-18.12       11 Amends 49-49(a) 21080 10-9-91   1 Amends 7-9(c) 21091 10-23-91   1 Amends 2-164(a) 21108 11-13-91   1 Amends Ch. 19, Art. IX 21109 11-13-91 1-1-92 1 Amends 41-2(a)       2 Amends 41-2(d) 21118 11-13-91 2-3-93 per Ord. 1 Amends 21155 8-1.1(a) 21129 11-13-91   1 Amends 2-79 21131 11-13-91   1 Amends 37-32(d) 21132 11-20-91   1 Adds 8-28 21144 12-11-91   1 Amends 5A-3(4)(E)       2 Amends 5A-6 21153 12-11-91   1 Amends 2-95       2 Amends 2-126       3 Amends 2-130       4 Amends 2-140       5 Amends 2-150       6 Amends 2-153       7 Amends 2-155       8 Amends 2-157       9 Amends 2-161       10 Amends 24-7       11 Amends 27-6       12 Amends 37-31       13 Amends 46-14 21154 12-11-91   1 Amends 27-6(a) 21155 12-11-91   1 Amends Ord. 21118 21157 12-11-91   1 Amends 2-17.2(a) 21162 1-8-92   1 Amends 19-28 21163 1-8-92   1 Amends 18-31       2 Amends 18-32       3 Amends 18-33       4 Amends 18-35       5 Amends 18-36       6 Amends 18-37       7 Amends 18-38       8 Amends 18-39       9 Amends 18-40       10 Amends 18-42       11 Amends 18-43       12 Amends 18-45 21172 1-22-92   1 Amends 50-4       2 Amends 50-79       3 Adds 50-84.1       4 Repeals 50-5 through 50-35       5 Repeals 50-78 21175 1-22-92   1 Amends 15D-10       2 Amends 15D-16       3 Amends 15D-18       4 Adds 15D-23.1       5 Amends 15D-27       6 Amends 15D-28(a)       7 Amends 15D-29       8 Adds 15D-29.1 21176 1-22-92   1 Amends Ch. 32, Art. VI 21184 1-22-92   1 Amends Ch. 14 21185 1-22-92   1 Amends 2-96 21186 1-22-92   1 Amends 18-2(41) Renumbers       2 28-2 (a)(3) through(26) as (4) through (27), Adds 28-2(a)(3)       3 Amends 28-2(a)(20)       4 Amends 28-8       5 Amends 28-10(a)       6 Amends 28-70       7 Amends 36-11       8 Amends 43-7       9 Amends 43-32       10 Amends 43-94(b) Renumbers 21194 2-12-92   1 28-2(a)(6) through (27) as (7) through (28) Adds 28-2(a)(6)       2 Amends 28-26(c)       3 Amends 28-94       4 Amends 28-95       5 Amends 28-96       6 Amends 28-96.1       7 Amends 28-114.1       8 Amends 28-114.2       9 Amends 28-115       10 Amends 28-116       11 Amends 28-117(a)       12 Amends 28-130.9(b)       13 Amends 28-130.11 21200 2-26-92   1 Amends 27-6       2 Amends 27-7 21215 3-11-92   1 Amends 19-83.2 21237 3-25-92   1 Amends 28-44       2 Amends 28-50(c)       3 Amends 28-59       4 Amends 28-60(b) 21238 3-25-92   1 Repeals 15D-23.1(f) 21251 4-8-92   1 Amends 19-28 21262 4-8-92   1 Amends 2-122.2 21282 5-13-92   1 Amends 48A-6(a)       2 Amends 48A-6(b)       3 Amends 48A-9(e)       4 Amends 48A-9(i) 21304 5-27-92   1 Amends 34-37(d)       2 Retitles 34-40       3 Amends 34-40(c)       4 Amends 34-40(h)       5 Amends 34-40(m) 21309 6-10-92   1 Amends 31-33 21310 6-10-92   1 Amends Ch. 39B       2 Repeals Ord. 20241       3 Repeals Ch. 22 and Ch. 33 21311 6-10-92   1 Adds 15D-10.1       2 Amends 15D-27 21334 6-24-92   1 Amends 49-9(c) 21352 6-24-92   1 Amends 6-6.1 21354 6-24-92   1 Amends 2-84 21363 8-12-92   1 Repeals Ch. 26 Creates 21381 8-19-92 Expires 8-19-93 1 Ch. 31, Art. I; 31-1 thru 31-40       2 Adds Ch. 31, Art. II; 31-41 thru 31-76 21385 8-26-92   1 Amends 6-6.1 21406 8-26-92   1 Amends 7-22.2(b) Replaces and retitles       2 Ch. 7, Art. III; adds new 7-33 thru 7- 41 21407 8-26-92   1 Repeals Ch. 42, Art. I; 42-1 thru 42-12 21409 9-9-92 4-16-93 1 Amends 49-1       2 Amends 49-41       3 Amends 49-42       4 Amends 49-45       5 Amends 49-46(a)       6 Amends 49-48(a),(b)       7 Amends 49-52(b)       8 Amends 49-53 21421 9-23-92   1 Amends 2-37.12 21429 9-23-92 10-1-92 1 Amends 2-168(b) 21430 9-23-92 10-1-92 1 Amends 49-18.1(c)       2 Amends 49-18.1(f)(1)       3 Amends 49-18.1(g)       4 Amends 49-18.2(c)       5 Amends 49-18.2(e)       6 Amends 49-18.3       7 Amends 49-18.4(b)       8 Amends 49-18.4(e)       9 Amends 49-18.5       10 Amends 49-18.9       11 Amends 49-18.11       12 Amends 49-18.12       13 Amends 49-35(b)       14 Amends 49-48(a)       15 Amends 49-49(c)       16 Amends 49-49(d) 21431 9-23-92 10-1-92 1 Amends 7-24(a)       2 Amends 15D-2       3 Amends 15D-4(c)       4 Amends 18-9(c)       5 Amends 18-11       6 Amends 24-2       7 Amends 24-4(e)(1)       8 Amends 45-6.4(h)       9 Amends 45-7.2(f)       25 Repeals 24-4(i) 21435 9-23-92   1 Amends Ch. 48A 21443 10-14-92   1 Adds 31-36 21450 10-28-92   1 Repeals Ch. 23 and 31-57 21491 12-9-92 1-1-93 1 Amends 49-60(f)(7) 21514 12-9-92   1 Amends 2-95       2 Amends 2-126       3 Amends 2-130       4 Amends 2-140       5 Amends 2-150       6 Amends 2-153       8 Amends 24-7       9 Amends 37-31 21515 12-9-92   1 Amends Ch. 2, Art. XX       2 Amends 2-155       3 Amends 2-157       4 Amends Ch. 2, Art. XXVI       5 Amends 13-5.1       6 Amends 27-6       7 Amends 39B-15       8 Amends Ch. 46, Art. II 21528 1-13-93   1 Amends 7-1       2 Amends 7-10       3 Amends 7-17       4 Amends 7-24       5 Amends 7-26       6 Amends 7-27       7 Amends 7-28       8 Adds 7-32.1       9 Adds 7-32.2 21540 1-13-93 3-15-93 1 Amends 41-9 Adds Art. V,       2 41-10, 41-11 21564 2-10-93   1 Amends 28-44       2 Amends 28-50(c)       3 Amends 28-60(b) 21582 2-24-93 5-1-93 1 Amends Ch. 40A 21586 2-24-93   1 Amends 7-9 21587 2-24-93 3-1-93 1 Amends 15D-2(b) Adds 21598 3-10-93   1 Ch. 28, Art. XI, Div. 5B, 28-121.7 thru 28-121.11 21606 3-24-93   1 Amends 49-2(c),(d)       2 Amends 49-25 21612 3-24-93   1 Amends 28-76.4 Amends       2 Ch. 28, Art. XI, Div. 7, 28-129 thru 28-130.13       3 Amends 28-114.12 Amends 21613 3-24-93 3-15-93 1 Ch 41, Art. V, 41-10 thru 41-12 21614 3-24-93   1 Amends 41-2(a) 21629 4-14-93   1 Amends 41A-5(c)       2 Amends 41A-10       3 Amends 41A-13 21632 4-14-93   1 Amends 18-4(a)(2)       2 Amends 18-8       3 Adds 18-9(c)(6)       4 Amends 18-13 21663 5-12-93   1 Adds 49-18.7(h) 21664 5-12-93   1 Amends 39B-15(c) 21667 5-12-93   1 Adds 31-34 21674 5-26-93   1 Amends 2-27       2 Amends 2-28       3 Adds 2-81       4 Amends 34-38(f)(4)       5 Amends 34-40(o) 21721 6-23-93   1 Repeals 37-18 21735 6-23-93   1 Amends Ch. 6 21765 8-11-93   1 Amends 2-130 21768 8-11-93   1 Repeals Ch. 46, Art II; 46-13 thru 46- 18 21789 8-25-93   1 Amends 28-114.12 21804 9-8-93   1 Amends 13-5.1       2 Adds 13-5.2 21819 9-22-93 10-1-93 1 Amends 10-17(e)       2 Amends 10A-17       3 Amends 15D-17(a)       4 Amends 18-9(c)(1)       5 Amends 18-9(c)(2)       6 Amends 18-11       7 Amends 18-34       8 Amends 18-41       9 Amends 28-4       10 Amends 28-5       11 Amends 28-5.1(c)       12 Amends 28-96.1       13 Amends 45-3.2(d)       14 Amends 45-3.2(f) 21823 9-22-93 10-1-93 1 Amends 2-168(b)       2 Amends 2-168(c) 21824 9-22-93 10-1-93 1 Amends 49-18.1(c)       2 Amends 49-18.1(f)(1)       3 Amends 49-18.1(g)       4 Amends 49-18.2(c)       5 Amends 49-18.4(b)       6 Amends 49-18.4(e)       7 Amends 49-18.5       8 Amends 49-18.11       9 Amends 49-18.16 21828 9-29-93   1 Amends 6-1       2 Amends 6-6.1 21836 10-13-93   1 Repeals Ch. 46 21837 10-13-93   1 Amends 14-1(1)       2 Amends 14-1(14)       3 Amends 14-1(15)       4 Amends 14-2       5 Amends 14-2.3       6 Amends 14-3       7 Amends 14-3.1       8 Amends 14-4       9 Amends 14-9       10 Amends 14-11       11 Amends 14-12 21838 10-13-93   1 Amends 41A-2(15)       2 Amends 41A-2(19)       3 Amends 41A-4(e)       4 Amends 41A-5       5 Amends 41A-6       6 Amends 41A-8       7 Amends 41A-11       8 Amends 41A-17 21854 10-13-93   1 Amends 27-6(a)       2 Amends 27-7 21856 10-13-93   1 Repeals 2-37.1.3 thru 2-37.1.9 21861 (As amended Amends by Ord. 10-27-93 11-1-93 1 Ch. 15D, Art. I 21949 on 1-12-94) 21862 10-27-93 11-1-93 1 Amends 49-42       2 Amends 49-45(c) 21874 10-27-93   1 Amends 44-17 21877 10-27-93   1 Amends 2-37.2       2 Amends 2-37.4       3 Amends 2-37.6 21878 10-27-93   1 Amends 30-4 21933 10-8-93   1 Amends 8-1.4(a) 21934 12-8-93   1 Amends Ch. 42A 21961 1-26-94   1 Adds 2-121(c)       2 Amends 8-14 21962 1-26-94   1 Amends 19-19 21972 2-9-94   1 Amends 2-102(2)       2 Amends 2-105(a) Amends       3 Ch. 2, Art. XXVI, 2-161 thru 2-162 21973 2-9-94   1 Amends 13-1       2 Adds 13-1.2       3 Amends 27-5.1 22036 4-27-94 6-1-94 1 Adds 31-37 22026 4-20-94 7-1-94 1 Amends 2-17.2(d)       2 Amends 2-18       3 Amends 2-37.12       4 Amends 2-39       5 Amends 2-42 Amends       6 Ch. 2, Art. V-b, 2-46 thru 2-47 Amends       7 Ch. 2, Art. V-c, 2-48 thru 2-49 Amends       8 Ch. 2, Art. V-e, 2-52 thru 2-53 Adds       9 Ch. 2, Art. VI, 2-61 thru 2-62 Adds       10 Ch. 2, Art. VII-a, 2-73 thru 2-74 Amends       11 Ch. 2, Art. VIII-a, 2-81 thru 2-85       12 Amends 2-105(a) Adds       13 Ch. 2, Art. XV, 2-133 thru 2-134 Amends       14 Ch. 2, Art. XVI, 2-136 thru 2-137 Amends       15 Ch. 2, Art. XVII, 2-138 thru 2-139 Amends       16 Ch. 2, Art. XIX, 2-142 thru 2-143       17 Amends 2-148(c)       18 Amends 9A-2(b)       19 Amends 9A-3(a)(9)       20 Amends 9A-12       21 Amends 9B-6       22 Amends 9B-7       23 Amends 14-6(a)       24 Amends 15A-12       28 Amends 18-2(12)       29 Amends 18-2(13)       30 Amends 18-2(40)       31 Amends 18-12(e)       32 Amends 18-18(a)       33 Amends 19-44       34 Amends 19-96       35 Amends 19-113       36 Amends 19-123(d)       37 Amends 27-6(d)       38 Amends 28-19       39 Amends 28-24       40 Amends 28-29       41 Amends 28-76.4(a)       42 Amends 28-113       43 Amends 28-114.12(a)       44 Amends 28-127       45 Amends 28-128       46 Amends 28-128.6       47 Amends 28-128.7 Amends       48 Ch. 28, Art. XI, Div. 6B, 28-128.8 thru 28-128.16       49 Amends 28-130.7(e)       50 Amends 28-130.12(a)       51 Amends 28-156       52 Amends 28-164       53 Amends 28-194       54 Amends 29-2(2)       55 Amends 30-2(h)       56 Amends 34-1       57 Amends 34-6       58 Amends 34-8(b)       59 Amends 34-9(c)       60 Amends 34-13(a)       61 Amends 34-13(d)       62 Amends 34-22(k)       63 Amends 34-22(s)       64 Amends 34-28(c)       65 Amends 34-31(a)       66 Amends 34-32(b)       67 Amends 34-37(a)       68 Amends 34-38(c)(2)       69 Amends 34-43(d)       70 Amends 34-43(i)       71 Amends 34-44       72 Amends 34-45(c)       73 Amends 35-4(c)       74 Amends 36-46       75 Amends 36-49       76 Amends 39-2(4)       77 Amends 39-2(5)       78 Amends 39-4(a)       79 Amends 39C-19(b)       80 Amends 41A-7(a)       81 Amends 42A-7(c)       82 Amends 43-32       83 Amends 43-35       84 Amends 43-36       85 Amends 43-37       86 Amends 43-44       87 Amends 43-49       88 Amends 43-50       89 Amends 43-54       90 Amends 43-55       91 Amends 43-56       92 Amends 43-63       93 Amends 43-66       94 Amends 43-68       95 Amends 43-74       96 Amends 43-79       97 Amends 43-116(b)       98 Amends 43-120       99 Amends 43-121(c)       100 Amends 43-126.3(2)       101 Amends 43-126.5(d)       102 Amends 43-135       103 Adds 43-139.2       104 Amends 43-142       105 Amends 43-143       106 Amends 43-145       107 Amends 44-34(3)       108 Amends 47-14       109 Amends 47-17       110 Amends 47-20       111 Amends 49-18.13       112 Amends 49-27(a) Repeals Ch. 2, Art. V-a, 2-43 thru 2- 44; Repeals Ch. 2, Art. VII, 2-71 thru       137 2-72; Repeals Ch. 2, Art. XXV, 2-159 thru 2-160; Repeals Ch. 14A; Repeals 19-1.1 Amends 22038 4-27-94   1 Ch. 15C, Art. I, 15C-1 thru 15C-16 22040 4-27-94   1 Amends 17-9.2(j) 22061 5-25-94   1 Amends 3-1 22064 5-25-94   1 Adds 31-38       2 Adds 31-39 22067 6-1-94   1 Amends 32-22       2 Amends 32-22.2       3 Amends 32-23       4 Amends 32-24       5 Amends 32-25       6 Amends 32-26       7 Amends 32-27       8 Amends 32-28       9 Adds 32-28.1       10 Adds 32-28.2 22072 6-8-94   1 Amends 19-28 22073 6-8-94   1 Amends 32-9.1 22094 6-22-94   1 Amends 17-9.17       2 Adds 30-2.1 22140 8-10-94   1 Repeals 6A-3 22141 8-10-94   1 Amends 15A-12(b) 22153 8-10-94   1 Amends 2-37.2       2 Amends 2-37.4       3 Amends 2-37.7 22154 8-10-94   1 Amends 27-3(20)       2 Amends Ch. 27, Art. V, 27-17 thru 27-23 22172 8-24-94   1 Adds Ch. 2, Art. XXV, 2-159 thru 2-160.1 22174 8-24-94   1 Amends 2-122.1 22195 9-14-94   1 Amends 34-4       2 Amends 34-6       3 Amends 34-9(a)       4 Amends 34-19       5 Amends 34-20       6 Amends 34-22(k)       7 Adds 34-22(v)       8 Adds 34-23(r)       9 Adds 34-24(g)       10 Adds 34-24.1       11 Amends 34-28(b)       12 Amends 34-30(c)       13 Amends 34-35(b)       14 Amends 34-38(g)       15 Amends 34-38(h)       16 Amends 34-38(i)       17 Amends 34-39(a) Adds 22205 9-28-94 10-1-94 1 Ch. 27, Art. VII, 27-29 thru 27-43 22206 9-28-94 10-1-94 1 Amends 9A-4       2 Amends 14-4(a)       6 Amends 18-9(c)(1)       7 Amends 18-9(c)(4)       8 Amends 18-11       9 Amends 24-4       10 Amends 27-18(a)       11 Amends 28-170       12 Amends 39B-9       13 Amends 41A-6(a) 22207 9-28-94 10-1-94 1 Amends 2-168(b)       2 Amends 2-168(c) 22208 9-28-94 10-1-94 1 Amends 49-18.1(c)       2 Amends 49-18.1(f)(1)       3 Amends 49-18.1(g)       4 Amends 49-18.2(c)       5 Amends 49-18.4(b)       6 Amends 49-18.4(e)       7 Amends 49-18.5       8 Amends 49-18.11       9 Amends 49-18.14 22214 9-28-94   1 Amends 2-122.4 22216 9-28-94   1 Amends 43-115 22222 10-12-94 1-1-95 1 Renumbers 45-1.5(1) thru (20) as (2) thru (21)         Adds 45-1.5(1)       2 Amends 45-7.2(a)       3 Amends 45-7.2(b)       4 Adds 45-7.2.1 22259 11-9-94   1 Amends 2-95(a)       2 Amends 2-126(a)       3 Amends 2-147       4 Amends 2-161(a)       5 Adds 8-1.5       6 Amends 8-9       9 Amends 37-31(b)       10 Amends 39B-15(a) 22268 11-16-94   1 Amends 2-159       2 Amends 2-160.1 22277 12-14-94   1 Amends 2-17.2 22295 12-14-94   1 Amends 18-4(e) 22296 1-11-95   1 Amends 34-4       2 Amends 34-5(c)       3 Amends 34-9(a)       4 Amends 34-10       5 Amends 34-11(g)       6 Amends 34-11(i)       7 Amends 34-12(b)       8 Amends 34-13       9 Amends 34-16       10 Amends 34-17       11 Amends 34-18(a)       12 Amends 34-21       13 Amends 34-22(e)       14 Amends 34-22(h)       15 Amends 34-22(r)       16 Amends 34-23(a)       17 Amends 34-23(n)       18 Adds 34-23(q)       19 Amends 34-30(d)       20 Amends 34-32(a)       21 Amends 34-35(b)       22 Amends 34-36(b)(2) Amends       23 34-36(b)(16) and renumbers as 34-36(b)(17)       24 Adds 34-36(b)(16)       25 Amends 34-38(a)       26 Repeals 34-2, 34-22(l), and 34-43 22306 1-11-95   1 Amends 18-8(b)(3)       2 Amends 18-9(c)(6) 22318 1-25-95   1 Repeals Ord. 22296       2 Amends 34-4       3 Amends 34-5(c)       4 Amends 34-9(a)       5 Amends 34-10       6 Amends 34-11(g)       7 Amends 34-11(i)       8 Amends 34-12(b)       9 Amends 34-13       10 Amends 34-16       11 Amends 34-17       12 Amends 34-18(a)       13 Amends 34-21       14 Amends 34-22(e)       15 Amends 34-22(h)       16 Amends 34-22(r)       17 Amends 34-23(a)       18 Amends 34-23(n)       19 Adds 34-23(q)       20 Amends 34-30(d)       21 Amends 34-32(a)       22 Amends 34-35(b)       23 Amends 34-36(b)(2) Amends       24 34-36(b)(16) and renumbers as 34-36(b)(17)       25 Adds 34-36(b)(16)       26 Amends 34-38(a)       27 Repeals 34-2, 34-22(l), and 34-43 22321 1-25-95   1 Amends 13-5.2(c) 22324 2-8-95   1 Renumbers 7-1(8) thru (18) as (9) thru (19), and adds 7-1(8) 22333 2-8-95   1 Amends 45-7.2(c) 22334 2-8-95   1 Amends 18-12       2 Amends 18-12.1(b) 22340 2-22-95   1 Amends 28-129       2 Amends 28-130.9(a)       3 Adds 28-130.9(f) 22345 2-2-95 5-6-95 1 Amends 40A-1       2 Amends 40A-4(a)       3 Amends 40A-14(b)       4 Amends 40A-14(c)       5 Amends 40A-15(b)       6 Amends 40A-16(d)       7 Amends 40A-18(b)       8 Adds 40A-20.1       9 Amends 40A-21(b)       10 Amends 40A-21(c)       11 Amends 40A-21(g)       12 Amends 40A-27       13 Amends 40A-28       14 Amends 40A-33(a)(3) Renumbers       15 40A-33(a)(4) thru (6) as (5) thru (7), and adds new (4)       16 Amends 40A-33(f)       17 Amends 40A-33(l)       18 Amends 40A-33(m)(2)       19 Adds 40A-33(p)       20 Amends 40A-34(b) 22354 3-8-95   1 Amends 2-151 22355 3-8-94   1 Adds 31-17 22356 3-8-95 3-8-95 1 Adds 2-3.1 Amends       2 Ch. 2, Art. IV-a, 2-38 thru 2-40 22368 3-22-95     Amends 11-1 22402 5-10-95   1 Adds 1-10 22403 5-10-95   1 Amends 2-37.4 22404 5-10-95   1 Amends 32-9.1 22413 5-10-95   1 Amends 18-14       2 Amends 18-14.1       3 Amends 18-21       4 Repeals 43-1 22414 5-10-95   1 Amends 2-17.2 Amends       2 Ch. 2, Art. XIV, 2-130, 2-131 Amends       3 Ch. 2, Art. XXI, 2-150 thru 2-152       4 Amends Ch. 2, Art. XXIII, 2-155, 2-156 Amends       5 Ch. 2, Art. XXIV, 2-157, 2-158 Amends       6 Ch. 24, Art. II, 24-7, 24-8 22416 5-10-95   1 Adds 14-2.4       2 Amends 14-9(a) 22434 5-24-95   1 Amends 2-33       2 Amends 2-34       3 Amends 2-35       4 Amends 2-37       5 Amends 2-37.1.1       6 Amends 2-37.1.2       7 Amends 2-42 22438 5-24-95   1 Amends 7-22 22442 6-14-95   1 Amends 5A-5(b)       2 Amends 5A-6       3 Amends 5A-14(a) 22494 6-28-95   1 Adds 7A-19.1       2 Adds 7A-19.2       3 Amends 18-12       4 Amends 18-17       5 Amends 18-18 22495 6-28-95   1 Amends 8-1.4 22496 6-28-95   1 Amends 13-5(c) 22537 9-13-95   1 Amends 6-4 22563 9-27-95 10-1-95 1 Amends 2-168 22564 9-27-95 10-1-95 1 Amends 49-18.1       2 Amends 49-18.2(c)       3 Amends 49-18.4       4 Amends 49-18.5       5 Amends 49-18.10       6 Amends 49-18.12 22565 9-27-95 10-1-95 1 Amends 15D-5(b)       2 Amends 18-9(c)       3 Amends 18-11 22569 9-27-95 9-1-95 1 Amends 19-28(a) 22570 9-27-95   1 Amends 8-1.5 Amends 22571 9-27-95 10-1-95, except 1 Ch. 15C, Art. I, 15C-2(b), 1-1-96 15C-1 thru 15C-17 22584 10-11-95   1 Adds 2-122(c) 22612 12-6-95 12-6-95 1 Amends 2-164       2 Amends 2-165       3 Amends 13-5.2       4 Amends 34-40(b)       5 Amends 34-40(d)       6 Amends 34-40(e)       7 Amends 34-40(f) 22619 12-13-95   1 Amends 6-13 22643 12-13-95   1 Amends 28-44       2 Amends 28-45(a) 22665 2-7-96   1 Amends 2-168 22669 2-14-96   1 Amends 13-7       2 Amends 13-8       3 Adds 13-28.1 22676 2-14-96   1 Amends 2-122(c) 22695 2-28-96   1 Amends 27-4(b) Amends       2 Ch. 27, Art. VII, §§ 27-29 thru 27-43 22709 3-13-96   1 Amends 2-159       2 Amends 2-160.1 22710 3-13-96   1 Amends 45-7.2.1 22718 4-10-96   1 Amends 2-164 22731 4-10-96   1 Amends 28-45(a) 22762 5-22-96   1 Amends 28-26       2 Amends 28-103 22763 5-22-96   1 Amends 28-50(c)       2 Amends 28-59       3 Amends 28-114.1(b)       4 Amends 28-114.1(f) Adds       5 Ch. 28, Art. XVIII, 28-200 thru 28-202 22764 5-22-96 9-1-96 1 Creates Ch. 9, Art. I Adds       2 Ch. 9, Art. II, 9-7 thru 9-10 Amends 22765 5-22-96 Reconsidered 6-12-   Chs. 10, 96 10A, and 45 22789 6-26-96   1 Amends 17-1.5(2) Renumbers       2 17-1.5(3) thru (32) as (4) thru (33); Adds 17-1.5(3)       3 Amends new 17-1.5(17)       4 Amends 17-6.2       5 Amends 17-6.3       6 Amends 17-6.4 Amends       7 Ch. 17, Art. VIII, Div. 1, 17-8.1 thru 17-8.9       8 Amends 17-9.2       9 Amends 17-9.3       10 Amends 17-9.4       11 Amends 17-9.5       12 Amends 17-9.7       13 Amends 17-9.15 22805 6-26-96   1 Renumbers 10-5(1) thru (23) as (2) thru (24); Adds new 10-5(1)       2 Amends 10-36       3 Adds 10-49.1       4 Amends 10A-5       5 Amends 10A-36       6 Amends 45-4.4 22842 8-14-96   1 Repeals Ch. 20 22850 8-28-96   1 Amends 32-11.3(b)       2 Amends Ord. 20336, § 5 (eff. date of 32-11.3) 22851 8-28-96   1 Amends Ord. 20680, § 5 (eff. date of 32-9.1) 22873 9-11-96   1 Adds 2-37.15 22894 9-25-96   1 Amends 5A-6 22906 9-25-96 10-1-96 1 Amends Ord. 19860, § 1       2 Amends 18-9(c)(1)       3 Amends 18-9(c)(2)       4 Amends 27-33       5 Amends 28-4(b) 22907 9-25-96 10-1-96 1 Amends 49-18.4       2 Amends 49-18.5 22910 10-9-96   1 Amends 15C-2(b)       2 Amends 15C-7 22925 10-23-96   1 Amends 2-122.2       2 Amends 15A-1       3 Amends 15A-3       4 Amends 15A-11       5 Amends 15A-12(a)       6 Amends 31A-3 22926 10-23-96   1 Amends 28-44       2 Amends 28-50(c)       3 Amends 28-59       4 Amends 28-60(b) Amends 22927 10-23-96   1 Ch. 19, Art. X, §§ 19-119 thru 19-131       2 Amends 49-18.13       3 Amends 49-47(c) 22958 11-13-96 1-15-97 1 Amends Ch. 40B 22964 12-11-96   1 Amends 28-4(d) 23032 2-12-97   1 Amends 2-122.4 23078 4-9-97   1 Amends 28-44       2 Amends 28-50(c)       3 Amends 28-60(b) 23079 4-9-97 5-1-97 until 5-1- 1 Readopts and amends 2000 31-33 23106 5-14-97   1 Amends 48A-5       2 Amends 48A-29       3 Amends 48A-33       4 Amends 48A-35       5 Amends 48A-36       6 Adds 48A-36.1       7 Adds 48A-36.2       8 Amends 48A-40       9 Amends 48A-41       10 Amends 48A-42(a)       11 Amends 48A-43       12 Amends 48A-44       13 Repeals Vehicle Tow Service Rule No. 1 23123 5-14-97   1 Amends 8-4 23124 5-14-97   1 Amends 13-5.2 23126 5-14-97   1 Adds 7-21.2 23135 5-28-97   1 Adds 2-1.1 23137 5-28-97   1 Amends Ch. 14       2 Amends 41A-2       3 Amends 41A-13       4 Adds 41A-14.1       5 Adds 41A-14.2       6 Amends 41A-16       7 Adds 41A-18.1 23152 5-28-97   1 Amends 45-1.5       2 Amends 45-2.4       3 Amends 45-5.1 23158 6-11-97   1 Amends 28-50(c)       2 Amends 28-59 Adds 23159 6-11-97 6-16-97 1 Ch. 12, §§ 12-1 thru 12-19 23227 8-27-97   1 Adds 1-11 23263 9-24-97   1 Amends 13-28.1 23264 9-24-97   1 Amends 5A-6 Amends 23267 9-24-97   1 Ch. 39C, §§ 39C-1 thru 39C-21 23289 9-24-97   1 Amends 49-18.1       2 Amends 49-18.2       3 Amends 49-18.4       4 Amends 49-18.5       5 Amends 49-18.6(d)       6 Amends 49-18.7(a)       7 Amends 49-18.7(c)       8 Amends 49-18.14       9 Amends 49-18.16       10 Amends 49-60(d)       11 Amends 49-61(c)(5) 23294 10-8-97   1 Amends 28-50(c) 23345 11-12-97   1 Amends 2-26.2 Amends 23386 12-10-97   1 Ch. 2, Art. IX, §§ 2-95 thru 2-100 Adds 23456 2-25-98   1 Ch. 44, Art. VI, §§ 44-40 thru 44-47 23519 5-27-98   1 Amends 1-10 Readopts Ch. 12, with amendments to 23534 6-10-98 6-16-98 1 12-2, 12-3, 12-10 23555 6-24-98   1 Amends 44-34       2 Amends 44-35       3 Adds 44-35.1       4 Amends 44-36       5 Amends 44-37       6 Amends 44-37.1       7 Amends 44-39 Adds       8 Ch. 44, Art. VII, §§ 44-48 thru 44-56 23556 6-24-98   1 Amends 28-44       2 Amends 28-50       3 Amends 28-59 23616 8-12-98   1 Amends 28-42.1 Adds 23631 9-9-98   1 Ch. 33, §§ 33-1 thru 33-8 23632 9-9-98   1 Amends 7A-16 Adds 23666 9-23-98 10-1-98 1 Ch. 2, Art. VII, §§ 2-71 and 2-72       2 Amends Ch. 2, Art. XVII 23670 9-23-98 10-1-98 1 Amends 49-18.1       2 Amends 49-18.2       3 Amends 49-18.4       4 Amends 49-18.5 23694 10-28-98 11-18-98 1 Amends 2-37.12       2 Amends 2-39       3 Amends 2-42 Adds       4 Ch. 2, Art. V-a, §§ 2-43 thru 2-45       5 Amends Ch. 2, Art. V-b       6 Amends 2-49 Adds       7 Ch. 2, Art. VII-b, §§ 2-75 and 2-75.1       8 Amends 2-105(a)       9 Amends 2-134       10 Amends Ch. 2, Art. XVI       11 Amends Ch. 2, Art. XVII Adds       12 Ch. 2, Art. XVII-a, §§ 2-139.1 and 2-139.2 Adds       13 Ch. 2, Art. XXVI-a, §§ 2-162.1 and 2-162.2       14 Amends 9B-6(a)       15 Amends 9B-7       16 Amends 14-6(a)       17 Amends 15A-12       18 Amends 18-2(13)       19 Amends 18-2(40)       20 Amends 27-6(d)       21 Amends 28-24(a)       22 Amends 28-127       23 Amends 28-128       24 Amends 28-128.6       25 Amends 28-128.7       26 Amends Ch. 28, Art. XI, Div. 6B       27 Amends 35-4(c)       28 Amends 41A-7(a)       29 Amends 42A-7(c)       30 Amends 43-63       31 Amends 43-121(c)       32 Amends 43-126.5(d)       33 Amends 49-27(a)       42 Repeals 2-26.3 Adds Ch. 2, Art. III, Div. 1 (existing §§ 2-21 thru 23713 11-11-98   1 2-26.3) and Div. 2 (new §§ 2-26.4 thru 2-26.14) 23723 12-9-98   1 Amends 5A-6 23736 12-9-98   1 Amends 2-95.1 23822 3-24-99   1 Amends 28-27.1 Adds 23863 4-28-99   1 Ch. 28, Art. XI, Div. 5C, §§ 28-121.12 through 28-121.18 23864 4-28-99   1 Amends 28-114.1(k)       2 Adds 28-114.1(l) 23869 4-28-99   1 Adds 7-15.1 Readopts 23907 6-9-99 6-16-99 1 Ch. 12, with amendments to 12-1, 12-2 23915 6-23-99   1 Amends 44-35 23917 6-23-99   1 Amends 28-44       2 Amends 28-50(c)       3 Amends 28-59 23934 6-23-99   1 Amends 17-1.5(31)       2 Amends 17-8.12       3 Amends 17-9.18 23986 8-18-99 9-1-99 1 Adds 13-28.2 23989 8-25-99   1 Amends Ch. 2, Art. XX 24000 8-25-99 11-29-99 1 Amends 18-4(e) 24003 8-25-99   1 Amends 13-5.1 24027 9-22-99   1 Amends 5A-6 24033 9-22-99   1 Amends Ch. 19, Art. IX 24046 9-22-99   1 Amends 2-26.4(a)       2 Amends 2-26.5(4)       3 Amends 2-26.5(8)       4 Amends 2-26.6       5 Amends 2-26.9       6 Amends 2-26.10(b) 24050 9-22-99 10-1-99 1 Amends 49-18.1       2 Amends 49-18.2       3 Amends 49-18.4       4 Amends 49-18.5 24051 9-22-99 10-1-99 1 Amends 2-26.2(a)       2 Amends 2-26.2(f)       3 Amends 17-9.3(b)       4 Amends 17-9.6(a)       5 Amends 17-9.7(c)       6 Amends 17-9.8(b)       7 Amends 41A-6(b)       8 Amends 43-112       9 Amends 43-115 24052 9-22-99 10-1-99 1 Amends 34-16(b)       2 Amends 34-17 24053 9-22-99 10-1-99 1 Amends Ch. 2, Art. V-b       2 Amends 28-127       3 Amends 28-128 24057 10-13-99   1 Amends 2-26.2(h) Renumbers 24086 10-27-99   1 27-3(13) through (23) as 27-3(14) through (24); adds 27-3(13)       2 Amends 27-3(15)       3 Amends 27-3(24)       4 Amends 27-6       5 Amends 27-7       6 Amends 27-8       7 Amends 27-9       8 Amends Ch. 27, Art. IV 24089 11-10-99   1 Amends 10A-5 24141 12-8-99   1 Amends 8-1.5(a) 24142 12-8-99   1 Amends 18-4(a)(2)       2 Adds 18-4(a)(4) [ Repeals and reenacts 24175 1-26-00 48A-36(d) eff. 2-1- 1 Ch. 48A 01] 24194 2-23-00   1 Amends 2-140(c) 24206 3-8-00   1 Amends 14-3(a)       2 Amends 14-11       3 Amends 41A-5(a)       4 Amends 41A-10 24219 4-12-00   1 Adds 2-20.1 24233 4-26-00   1 Amends 28-114.1(h)       2 Amends 28-114.1(k) Readopts 24235 4-26-00 5-1-00 1 31-33, with an amendment to 31-33(f) 24243 4-26-00   1 Amends 2-27 through 2-37.1.2 Readopts 24281 6-14-00 6-16-00 1 Ch. 12, with amendments to 12-2 24298 6-28-00   1 Amends 27-13 24299 6-28-00   1 Repeals 18-4(a)(4) 24312 6-28-00 7-3-00 1 Amends 45-1.5(21)       2 Amends Ch. 45, Art. VI (45-6.1 through 45-6.5) Adds 24316 6-28-00 1-1-01 1 Ch. 12A ( 12A-1 through 12A-43)       2 Repeals Ch. 2, Art. XII and Ch. 31A, Art. I 24386 9-13-00   1 Amends 7-21.2 24410 9-27-00 10-1-00 1 Amends 2-18       2 Amends 2-27(4)       3 Amends 2-28       4 Amends Ch. 2, Art. XV       6 Repeals Ch. 2, Art. V (2-41 and 2-42) 24411 9-27-00 10-1-00 1 Amends 2-168(a)(7)       2 Amends 2-168(b)       3 Amends 2-168(c)       4 Amends 2-168(d)       5 Amends 24-4(f)       6 Amends 24-4(h)       7 Amends 28-114.1       8 Amends 28-114.2       9 Amends 28-130.9       10 Amends 42A-8 24414 9-27-00 10-1-00 1 Amends 49-18.4       2 Amends 49-18.5       3 Amends 49-18.11 24415 9-27-00   1 Amends 2-84 [Sec. 41A-5(a)(4) and (9) Amends     and 2 Ch. 41A 41A-7.1 eff. 1-15- 01] 24457 11-15-00   1 Amends 27-4       2 Adds Ch. 27, Art. IV-a       3 Repeals 27-10 24481 12-13-00   1 Amends 27-11       2 Amends 27-13(n) Renumbers       3 27-13(o) as 27-13 (p); adds 27-13(o)       4 Amends Ch. 27, Art. VII 24482 12-13-00   1 Amends 7-5       2 Amends 7-29       3 Amends 32-6       4 Adds 32-6.1 24483 12-13-00   1 Amends 28-114.1(c)       2 Amends 28-114.1(f)       3 Amends 28-114.1(m)       4 Amends 28-114.1(n)       5 Adds 28-114.1(o)       6 Amends 28-114.2(a) Renumbers 24485 12-13-00 1-1-01 1 12A-2(16) through (30) as 12A-2(17) through (31); adds 12A-2(16)       2 Amends 12A-19(b)(2) 24492 1-10-01   1 Amends 28-50(c)       2 Amends 28-59       3 Amends 28-60(b) Amends Ord. 24440 to extend effective 24494 1-10-01   1 date of Sec. 14-3(a)(6) and (9) and Sec. 14-6.1 24495 1-24-01 3-1-01 1 Amends Ch. 43, Art. VIII       2 Amends Ch. 43, Art. IX 24539 2-28-01   3 Amends 45-6.1(a)(3) 24541 2-28-01 3-5-01 1 Amends 14-1     3-5-01 2 Amends 14-2     5-15-01 3 Amends 14-6.1     3-5-01 4 Amends 14-10     3-5-01 5 Amends 14-11     3-5-01 6 Amends 14-14     3-5-01 7 Repeals 14-3(a)(3) and (4) 24554 3-28-01   1 Amends 42A-7(b)       2 Amends 42A-13(a)       3 Amends 43-127(d) 24588 4-11-01   1 Adds 2-37.16       2 Amends 7-17(b) 24607 5-9-01   1 Amends 7-21.2 Readopts 24611 5-23-01 6-16-01 1 Ch. 12, with amendments to 12-2 24622 5-23-01   1 Amends 34-25(b) 24637 6-13-01 7-1-01 1 Amends 1-5 24661 6-27-01 7-1-01 1 Amends Ch. 15D, Art. II       2 Amends Ch.15D, Art. III 24699 8-22-01 8-27-01 1 Amends Ch. 41A 24720 9-12-01   1 Amends 12A-3 24721 9-12-01   1 Amends 12A-15 24743 9-26-01 10-1-01 1 Amends 15C-2(c)       2 Amends 15D-5       3 Amends 18-2       4 Amends 18-3(a)       5 Amends 18-9(c)       6 Amends 18-10       7 Amends 18-11       8 Amends 18-32       9 Amends 18-33       10 Amends 18-34       11 Amends 18-35       12 Amends 18-38       13 Amends 18-39       14 Amends 18-40       15 Amends 18-48       16 Amends 18-49       17 Amends 28-4 24744 9-26-01 10-1-01 1 Amends 49-18.1(c)(3)       2 Amends 49-18.1(c)(4)       3 Amends 49-18.4       4 Amends 49-18.5 24745 9-26-01 10-1-01 1 Amends 49-2       2 Adds 49-21.1 24763 10-24-01   1 Amends 13-3 24824 1-23-02   1 Amends 2-159       2 Amends 2-160       3 Repeals 2-160.1 24835 1-23-02   1 Amends 30-1       2 Amends 30-2       3 Amends 30-2.1       4 Amends 30-4(a)(2)       5 Adds 30-5 24859 2-27-02   2 Amends 5-1       3 Amends 5-15(b)       4 Amends 5-16(b)       5 Amends 5-19(b)       6 Amends 5-22(b)       7 Amends 5-25       8 Amends 5-28       9 Amends 5-29       10 Amends 5-31(a)       11 Amends 5-33       12 Amends 5-53       13 Amends 5-54       14 Amends 5-55(a)       15 Amends Ch. 28, Art. XII       16 Amends 31-9(b) 24867 3-27-02   1 Amends 28-55       2 Repeals 28-57 24882 4-10-02   1 Amends 28-103       2 Amends 28-114.1(c)       3 Amends 28-114.1(m)       4 Renumbers and amends 28-114.1(n)       5 Renumbers and amends 28-114.1(o)       6 Amends 28-114.2(a)       7 Amends 28-114.2(d)       8 Amends 28-114.2(g) 24927 5-8-02   1 Amends 15B-1       2 Amends 15B-3     10-1-02 3 Adds Ch. 46 24929 5-8-02   1 Amends 24-4(e) 24930 5-8-02 5-13-02 1 Amends 34-19(a)(3)       2 Amends 34-19(a)(5)       3 Amends 34-19(b)(8)       4 Amends 34-22(t)(4)       5 Amends 34-23(p)(5)       6 Adds 34-24(e)       7 Amends 34-38(a)       8 Amends 34-38(i)       9 Adds 34-38(j)       10 Amends 34-39(a)(4)       11 Amends 34-39(b)(1)       12 Adds 34-39(g)       13 Amends 34-40(a)(4)       14 Amends 34-42(a)       15 Amends 34-43(a)       16 Amends 34-43(c)       17 Amends Ord. 24873, § 5 (eff. date of 34-24.1) Readopts 24943 5-22-02 6-16-02 1 Ch. 12, with amendments to 12-2 24946 5-22-02 6-1-02 1 Amends 13-3       2 Amends 13-4       3 Amends 13-5       4 Amends 13-5.2       5 Amends 13-8       6 Amends 13-16(a)       7 Amends 13-17       8 Amends 13-18(a) 24961 6-12-02   1 Amends 27-2       2 Amends 27-3       3 Amends 27-8       4 Amends 27-9       5 Amends 27-13       6 Amends 27-14       7 Amends 27-16.1       8 Amends 27-16.2 24978 6-26-02   1 Amends 13-3(c)       2 Repeals 13-19 25002 8-14-02 9-1-02 1 Amends Ch. 2, Art. IX       2 Amends 14-2.3       3 Amends 14-2.4(c)       4 Amends 14-3.1       5 Amends 41A-14(c) 25041 9-25-02   1 Adds 2-17.3 25051 9-30-02   1 Amends 34-9(a)       2 Amends 34-39(f)(4) 25047 9-30-02 10-1-02 1 Amends 2-26.7(a)       2 Amends 2-26.7(c)       3 Amends 2-27(4)       4 Amends 2-28       5 Amends 2-37.16       6 Adds Ch. 2, Art. V       7 Amends 2-49       8 Amends 2-98       9 Amends 2-148(c)       10 Amends 14-4(c)       11 Amends 41A-6(c)       12 Amends 43-121(c)       13 Amends 43-126.5(d)       14 Amends 49-1(24)       15 Amends 49-1(26) Repeals Ch. 2, Art. IV-a, 2-38 thru 2-       106 40; Repeals Ch. 2, Art. VII-a, 2-73 thru 2-74; Repeals Ch. 2, Art. VII-b, 2-75 thru 2-75.1 25048 9-30-02 10-1-02 1 Amends 2-26.2(a)       2 Amends 2-26.2(f)       3 Amends 10-17(g)       4 Amends 10-17(h)       5 Amends 10-20       6 Amends 10-26       7 Amends 10A-17       8 Amends 10A-26       9 Amends 10B-17(f)       10 Amends 10B-20       11 Amends 10B-26       12 Amends 14-4       13 Amends 15D-9.10       14 Amends 15D-9.16       15 Amends 15D-9.31(c)       16 Amends 15D-58(b)       18 Amends 17-9.3(b)       19 Amends 17-9.4(a)       20 Amends 17-9.5       21 Amends 17-9.6       22 Amends 17-9.7       23 Amends 17-9.8(b)       24 Amends 17-9.11       25 Amends 17-9.23       26 Amends 18-9(c)       27 Amends 19-28       28 Amends 24-2       29 Amends 24-4(e)       30 Amends 41A-6       31 Amends 43A-17       32 Amends 43A-18       33 Amends 45-3.2(f)       34 Amends 45-3.3       35 Amends 45-3.9       36 Amends 45-6.4(h)       37 Amends 45-7.2       38 Amends 50-159.1(c) 25049 9-30-02 10-1-02 1 Amends 49-18.4       2 Amends 49-18.5       3 Amends 49-18.6       4 Amends 49-18.7       5 Amends 49-18.16 25092 10-23-02   2 Amends 41A-13(g), (h) 25124 12-11-02 3-1-03 1 Amends 5-33 25142 12-11-02 12-15-02 1 Amends 34-19(b)(10) 25168 1-22-03 3-1-03 1 Amends Ch. 41 25174 2-12-03   1 Amends 6-1       2 Amends 6-4       3 Amends 6-6.1 25200 2-26-03   1 Amends 45-7.2.1 25203 3-5-03   1 Amends 12A-10 25213 3-26-03 4-15-03 1 Adds 28-63.3       2 Amends 31-35       3 Amends 50-156       4 Repeals Ch. 42, Art. I-a, 42-13 thru 42-16 25214 3-26-03   1 Amends 49-1       2 Amends 49-42(f) 25215 4-2-03   1 Amends 10-36(a)       2 Amends 10A-36(a)       3 Amends 15D-46(a)       4 Amends 45-4.4(a)       5 Amends 48A-29(a) Readopts 25231 4-9-03 5-1-03 1 31-33, with an amendment to 31-33(f) 25236 4-9-03   1 Amends 12A-19       2 Amends 12A-26       3 Amends 12A-29 25256 5-28-03   1 Amends 49-1       2 Amends 49-42(f)       3 Amends 49-42(g)       4 Amends 49-45(f) Readopts 25269 5-28-03 6-16-03 1 Ch. 12, with amendments to 12-2 25274 5-28-03   1 Amends 28-42.1 25296 6-18-03   1 Amends 41A-1       2 Amends 41A-2       3 Amends 41A-3       4 Amends 41A-14.2 25322 6-25-03   1 Adds 6-14 25331 6-25-03   1 Amends 45-4.4(c) 25365 9-10-03   1 Amends 45-3.10 25371 9-24-03   1 Amends 1-5       2 Amends 7A-2(3)       3 Amends 7A-19.1       4 Amends 7A-19.2(a)       5 Amends 18-12       6 Amends 18-17       7 Amends 18-18(a) 25384 9-24-03 10-1-03 1 Amends 2-168       2 Amends 18-9(c)       3 Amends 19-28       4 Amends 28-4(b)(6) 25385 9-24-03 10-1-03 1 Amends 49-10       2 Amends 49-18.1       3 Amends 49-18.2       4 Amends 49-18.3       5 Amends 49-18.4       6 Amends 49-18.5       7 Amends 49-18.6       8 Amends 49-18.7       9 Amends 49-18.8       10 Amends 49-18.9       11 Amends 49-18.16 25386 9-24-03   1 Amends 34-22(t) 25387 9-24-03   1 Repeals Ch. 2, Art. XXII, 2-153 thru 2- 154 25388 9-24-03   1 Amends 7-1       2 Amends 7-1.2       3 Amends 7-2       4 Amends 7-7       5 Amends 7-10       6 Amends 7-11       7 Amends 7-18(f)       8 Amends 7-18.1       9 Amends 7-18.2       10 Amends 7-20       11 Amends 7-22       12 Amends 7-22.1(a)       13 Amends 7-23       14 Amends 7-24       15 Amends 7-25       16 Amends 7-26       17 Amends 7-27       18 Amends 7-28       19 Amends 7-28.1(f)       20 Amends 7-29       21 Amends 7-32       22 Amends 7-32.1(c)       23 Amends 7-32.2       24 Amends 10B-48(c) 25389 9-24-03 10-22-03 1 Amends 34-17     10-22-03 2 Amends 34-19     10-1-03 3 Adds 34-31     10-1-03 4 Amends 34-38(f)(4) Amends     10-1-03 5 Ch. 34, Art. VII, 34-42 thru 34-45 25409 10-22-03   1 Adds 43-140.1       2 Amends 43-141 25424 10-22-03   1 Amends 9A-3       2 Amends 9A-8 25425 10-22-03   1 Amends 39A-5(p)(3)       2 Amends 39A-6(j) 25438 11-12-03   1 Adds 43-148 25439 11-12-03 1-15-04 1 Adds 31-40 25443 12-8-03   1 Amends 2-26.4       2 Amends 2-26.6       3 Amends 2-26.10       4 Amends 2-26.12 25457 12-8-03 12-15-03 1 Amends 45-1.3       2 Amends 45-2.10       3 Amends 45-2.12       4 Amends 45-3.2       5 Amends 45-3.12       6 Amends 45-3.13       7 Amends 45-4.1       8 Amends 45-4.3       9 Amends 45-4.4       10 Amends 45-6.1       11 Amends 45-6.2       12 Amends 45-6.3       13 Amends 45-6.5       14 Amends 45-7.2       15 Amends 45-7.3       16 Amends 45-8.1       17 Amends 45-8.2       18 Amends 45-8.3       19 Amends 45-8.5       20 Amends 45-8.6 25464 12-8-03   1 Adds 2-16 25465 12-8-03   1 Amends 6-4 25478 1-14-04   1 Amends 2-140 25495 2-11-04   1 Amends 2-17.2 25496 2-11-04   1 Amends 13-3 25501 2-25-04   1 Adds Ch. 2, Art. XXI-a, 2-152.1 thru 2-152.2 25511 2-25-04   1 Adds 2-37.17 Adds 25517 2-25-04   1 Ch. 2, Art. VII-a, 2-73 thru 2-74 25518 2-25-04   1 Amends 13-5.2 25521 3-3-04 6-1-04 1 Adds 31-41 25522 3-3-04 9-1-04 1 Amends 27-3       2 Amends 27-4       3 Amends 27-5       4 Amends 27-11       5 Amends 27-27       6 Amends 27-28       7 Amends Ch. 27, Art. VII       8 Repeals Ch. 27, Art. V Amends 25539 3-24-04   1 Ch. 43, Art. VI, Div. 1, 43-112 thru 43-119       2 Amends 43-126.3       3 Amends 43-126.6 25564 4-14-04   1 Amends 37-80 25565 4-14-04   1 Amends Ch. 2, Art. XXI-a 25570 4-28-04   1 Amends 39A-6(f)       2 Amends 39A-6(h) Readopts 25628 6-9-04 6-16-04 1 Ch. 12, with amendments to 12-2 25630 6-9-04 6-13-04 1 Amends 34-43 Adds 25635 6-23-04 10-1-04 1 Ch. 18, Art. V, 18-55 thru 18-66       2 Adds 19-34.1 25651 6-23-04   1 Amends 2-26.2 25655 6-23-04   1 Amends 13-5.2 25663 6-23-04 6-23-04 1 Amends 34-10 25693 8-11-04   1 Amends 43-140.1       2 Adds 43-140.2 25695 8-11-04 11-10-04 1 Amends 40A-1       2 Amends 40A-2       3 Amends 40A-3       4 Amends 40A-4       5 Amends 40A-6       6 Amends 40A-7       7 Adds 40A-7.1       8 Amends 40A-16(d)       9 Amends 40A-21(c)       10 Amends 40A-28       11 Amends 40A-35 25754 9-22-04 10-1-04 1 Amends 2-168       2 Amends 7-10       3 Amends 7-18(g)       4 Amends 7-20       5 Amends 7-24       6 Amends 7-32       7 Adds Ch. 17, Art. IX, Div. 3, 17-9.25 thru 17-9.29       8 Amends 18-9(c)       9 Amends 18-11(b)       10 Amends 24-2       11 Amends 24-4       12 Amends 29-6       13 Amends 42A-8 25755 9-22-04 10-1-04 1 Amends 49-18.1       2 Amends 49-18.2       3 Amends 49-18.4       4 Amends 49-18.5       5 Amends 49-18.7       6 Amends 49-18.12 25756 9-22-04 10-1-04 1 Amends 28-103       2 Amends 28-114.1       3 Amends 28-114.2(a)       4 Amends 28-114.2(b) 25774 10-13-04   1 Amends 27-43 25808 11-10-04   1 Amends 2-17.2 25812 12-8-04   1 Amends 48A-5       2 Amends Ch. 48A, Art. VI       3 Amends 48A-50 25818 12-8-04   1 Amends 40A-1(45)       2 Amends 40A-12       3 Amends 40A-26       4 Amends 40A-33 25819 12-8-04   1 Amends Ch. 2, Art. IV, Div. 1       2 Amends 2-37.4       3 Amends 2-37.15 25833 12-8-04   1 Amends 28-44       2 Amends 28-45(a)       3 Amends 28-45(b)       4 Amends 28-50(c)       5 Amends 28-59       6 Amends 28-60(b) Adds 25834 12-8-04   1 Ch. 2, Art. IV-a, 2-38 thru 2-40       2 Amends 2-42       3 Amends Ch. 14B 25836 12-8-04   1 Repeals 12A-43 25906 2-23-05   1 Amends Ch. 12A, Art. VI 25909 2-23-05   1 Amends 41A-6(a) 25921 3-9-05   6 Repeals Ch. 15A, Art. II, 15A-8 thru 15A-13 25927 3-9-05 4-1-05 1 Amends 7A-20       2 Amends 13-3       3 Amends 18-12.1       4 Amends 18-16       5 Adds 18-28.1       6 Amends 27-4 Adds       7 Ch. 27, Art. IV-b, 27-16.12 thru 27-16.23 25979 5-11-05   1 Amends 18-14.1 Readopts 25998 5-25-05 6-16-05 1 Ch. 12, with amendments to 12-2 26007 6-8-05   1 Amends 8-1.4 26022 6-8-05   1 Amends 30-1       2 Amends 30-2       3 Adds 30-3.1 26023 6-8-05 8-1-05 1 Repeals and reenacts Ch. 17 26024 6-8-05   1 Repeals and replaces Ch. 7 26093 8-24-05   1 Amends 13-5.2 26134 9-28-05 10-1-05 1 Amends 15C-2       2 Amends 15D-5       5 Amends 17-10.2(f)       6 Amends 18-9(c)       7 Amends 18-34       8 Amends 28-4 26135 9-28-05 10-1-05 1 Amends 49-10       2 Amends 49-18.1       3 Amends 49-18.2       4 Amends 49-18.4       5 Amends 49-18.5       6 Amends 49-18.6(a)       7 Amends 49-18.9       8 Amends 49-18.12 26136 10-12-05   1 Amends 42A-5       2 Amends 42A-7       3 Amends 42A-8       4 Amends 42A-10       5 Adds 42A-12.1       6 Amends 42A-13       7 Repeals Ch. 35 26164 11-9-05 11-14-05 1 Amends 45-6.1 26182 12-14-05   1 Amends 34-1       2 Amends 34-20       3 Amends Ch. 34, Art. VI 26200 12-14-05 2-1-06 1 Amends Ch. 15C, Art. I 26225 1-25-06   1 Amends Ch. 2, Art. VIII-a 26246 1-25-06   1 Amends 8-1.4 26263 2-22-06 3-1-06 1 Amends Ch. 43, Art. VIII 26264 2-22-06 4-1-06 1 Amends 5-31 26265 2-22-06 5-1-06 1 Adds 28-41.1 26274 3-8-06   1 Amends 1-5.1       2 Amends 18-12.1 26293 3-8-06 4-1-06 1 Amends 28-4 26305 4-12-06 8-1-06 1 Adds Ch. 28, Art. XIX, 28-203 thru 28-217 26309 4-26-06   1 Amends 28-5.1       2 Amends 28-130.9       3 Amends 28-130.13 26336 4-26-06 5-1-06 1 Readopts 31-33, with an amendment to 31-33(f) 26342 5-10-06   1 Adds 31-39.1 Readopts 26376 6-14-06 6-16-06 1 Ch. 12, with amendments to 12-2 26455 9-27-06   1 Amends 27-3       2 Amends Ch. 27, Art. II       3 Amends Ch. 27, Art. IV       4 Amends Ch. 27, Art. IV-a       5 Amends 27-31 26478 9-27-06 10-1-06 1 Amends 18-9(c)       2 Amends 50-137 26479 9-27-06 10-1-06 1 Amends 49-18.1     10-1-06 2 Amends 49-18.2     10-1-06 3 Amends 49-18.4     10-1-06 4 Amends 49-18.5     10-1-06 5 Amends 49-18.6(d)     1-1-07 6 Amends 49-18.7(a)     1-1-07 7 Amends 49-18.7(b)     10-1-06 8 Amends 49-18.12     10-1-06 9 Adds 49-18.17     10-1-06 10 Amends 49-27     10-1-06 11 Amends 49-61(c) 26480 9-27-06 10-1-06 1 Amends Ch. 18, Art. IV Adds 26492 10-25-06 11-1-06 1 Ch. 5, Art. I; amends 5-4 IT+>   [except 5-63(a) 2 Adds Ch. 5, Art. II, 5-57 thru 5-63 eff. 12-1-06]       3 Adds 10-47.1       4 Adds 10A-46.1       5 Adds 45-5.12 26500 10-25-06   1 Amends 28-44       2 Amends 28-50(c)       3 Amends 28-60(b) 26517 12-13-06   1 Amends 2-11.1 26518 12-13-06   1 Amends 49-21.1(b) 26537 12-13-06 1-1-07 1 Amends Ch. 40B, Art. I 26556 1-24-07 2-1-07 1 Amends 17-1.5(b)(6)       2 Amends 17-1.5(b)(17)       3 Amends 17-1.6       4 Amends 17-2.1       5 Amends 17-9.2(b)       6 Amends 17-9.2(e)       7 Amends 17-10.2(i)       8 Amends 17-10.2(r)(2)       9 Adds 17-10.2(s) 26585 2-28-07   1 Amends Ch. 18, Art. II 26598 2-28-07 4-1-07 1 Amends 2-26.2(f)       2 Amends 2-26.2(h)(4)       3 Amends 5A-8       4 Amends 10A-17(a)       5 Amends 10A-20       6 Amends 17-2.2(c)(6)       7 Amends 17-2.2(d)(5)       8 Amends 17-10.2(d)       9 Amends 17-10.2(e)(1)       10 Amends 17-10.2(f)(4)       11 Amends 17-10.2(g)(2)       12 Amends 17-10.2(h)(2)       13 Amends 17-10.2(i)(1)       14 Amends 18-57       15 Amends 24-4(b)       16 Amends 24-4(d)       17 Amends 24-4(e)(1)       18 Amends 27-42(b)       19 Amends 27-42(d)       20 Amends 45-2.11(b)       21 Amends 45-3.3       22 Amends 45-7.2       23 Amends 50-116 26608 3-28-07   1 Amends Ch. 18, Art. IV 26693 3-28-07   1 Amends 34-38 26738 5-23-07 6-1-07 1 Amends 31-35 26761 5-23-07 6-1-07 1 Amends 31-16 26766 5-23-07 10-1-07 1 Adds 5A-15       2 Amends 30-3.1 Readopts 26800 6-13-07 6-16-07 1 Ch. 12, with amendments to 12-2 26804 6-13-07   1 Amends 2-11.3 26809 6-20-07 6-25-07 1 Amends Ch. 43, Art. VI, Div. 1 (title)       2 Amends 43-115(a) Adds       3 Ch. 43, Art. VI, Div. 4, 43-126.15 thru 43-126.31 26811 6-27-07   1 Amends Ch. 2, Art. XIV 26919 9-12-07 10-1-07 1 Amends Ch. 15C, Art. I 26925 9-26-07   1 Amends 19-120(c)       2 Amends 19-123(d)       3 Amends 49-1       4 Amends 49-18.13       5 Amends Ch. 49, Art. IV       6 Amends 49-56(b) 26955 9-26-07   1 Amends 27-4(b) 26960 9-26-07 10-1-07 1 Amends 18-2       2 Amends 18-3       3 Amends 18-4       4 Amends 18-7       5 Amends 18-9       6 Amends 18-11 26961 9-26-07 10-1-07 1 Amends 49-1       2 Amends 49-6       3 Amends 49-7(a)       4 Amends 49-18.1       5 Amends 49-18.2       6 Amends 49-18.3       7 Amends 49-18.4       8 Amends 49-18.5       9 Amends 49-18.9       10 Amends 49-18.12       11 Amends 49-18.16       12 Amends 49-35 26967 10-10-07   1 Adds 13-28.2 26988 11-5-07 10-29-07 1 Amends Ch. 28, Art. XIX 26992 11-12-07   1 Amends 15D-14 Adds 27026 11-28-07   1 Ch. 44, Art. VIII, 44-57 27091 2-27-08   1 Amends 10A-5       2 Amends 10A-18       3 Amends 10A-19(a)       4 Amends 10A-25       5 Amends 10A-32       6 Amends Ch. 10A, Art. IV       7 Amends 10A-44       8 Amends 10A-49       9 Amends 10A-50       10 Amends 10A-52(a)       11 Amends 10A-54 27092 2-27-08   1 Amends 18-11 27098 2-27-08   1 Amends 34-40(g) 27101 2-27-08 6-1-08 1 Adds 28-41.2 27102 2-27-08   1 Adds Ch. 28, Art. XIX, Div. 3, 28-218 thru 28-219 27139 4-16-08 4-21-08 1 Amends 41A-1       2 Amends 41A-2       3 Amends 41A-3       4 Amends 41A-4       5 Amends 41A-5       6 Amends 41A-7       7 Amends 41A-7.1       8 Amends 41A-8       9 Amends 41A-9       10 Amends 41A-10       11 Amends 41A-10.1       12 Amends 41A-10.2       13 Amends 41A-11       14 Amends 41A-15       15 Amends 41A-16       16 Amends 41A-17       17 Amends 41A-18.1       18 Amends 41A-20       19 Adds 41A-20.1 27146 4-23-08   1 Amends 15A-3 Adds       2 Ch. 15A, Art. II, 15A-8 thru 15A-13 27147 5-14-08 5-19-08 1 Amends 27-3(33) 27185 5-14-08   1 Amends 27-42 27189 5-28-08 1-1-09 1 Amends 28-4 27190 5-28-08   1 Amends 17-10.2(s) 27201 5-28-08 6-2-08 1 Amends Ch. 43, Art. VI, Div. 4 27202 5-28-08 6-2-08 1 Amends Ch. 40B 27203 5-28-08 7-1-08 1 Amends 18-11(b) 27210 6-11-08   1 Amends Ch. 28, Art. XI, Div. 4       2 Amends Ch. 28, Art. XI, Div. 5A       3 Amends 28-130.9(a) Readopts 27222 6-11-08 6-16-08 1 Ch. 12, with amendments to 12-2 27223 6-11-08   1 Amends 12A-5 27227 6-25-08   1 Amends 43-32       2 Amends 43-62 27248 6-25-08 9-1-08 1 Adds Ch. 48B 27249 6-25-08 8-24-08 1 Amends Ch. 40B 7-1-08 [except 7-4.9 eff. 9-25-08; Amends 27250 6-25-08 7-4.10 and 1 7-1.1 7-4.11 eff. 10-25- 08]       2 Amends 7-2.6(a)       3 Amends 7-2.7       4 Amends 7-3.1       5 Amends 7-3.4       6 Amends 7-4.2       7 Amends 7-4.6       8 Amends 7-4.7       9 Adds 7-4.9       10 Adds 7-4.10       11 Adds 7-4.11       12 Amends Ch. 7, Art. V       13 Adds 7-7.6       14 Amends 7-8.1 27264 8-13-08   1 Amends 5A-15       2 Amends 30-3.1(f) 10-15-08 [except 12B-19(a) eff. 1- 27293 8-27-08 15-09; 1 Adds 12B-14, Ch. 12B 12B-15, and 12B-16 eff. 5-1-10] 27294 8-27-08   1 Amends 28-24.1       2 Amends 28-44       3 Amends 28-45(a)       4 Amends 28-50(c)       5 Amends 28-59       6 Amends 28-60 27295 8-27-08   1 Amends 45-1.5(1)       2 Amends 45-7.2.1 27353 9-24-08 10-1-08 1 Amends 2-168       2 Amends 5A-5.1       3 Amends 5A-8       4 Amends 15D-5       5 Amends 17-2.2(c)(6)       6 Amends 17-10.2(d)       7 Amends 17-10.2(e)(1)       8 Amends 17-10.2(g)       9 Amends 17-10.2(h)       10 Amends 17-10.2(i)       11 Amends 17-10.2(j)       12 Amends 17-10.2(l)       13 Amends 18-9(c)       14 Amends 18-11(a)       15 Amends 18-11(b)       16 Amends 24-4       17 Amends 50-159(e)       18 Amends 50-159.1(c) Adds 27354 9-24-08 10-1-08 1 Ch. 15D, Art. IV, 15D-71 27355 9-24-08 10-1-08 1 Amends 49-18.1       2 Amends 49-18.2       3 Amends 49-18.4       4 Amends 49-18.5       5 Amends 49-18.6       6 Amends 49-18.11       7 Amends 49-18.12       8 Amends 49-18.14       9 Amends 49-18.16 27362 10-22-08 10-27-08 1 Adds 13-28.3 27436 12-10-08   1 Amends 5-31       2 Amends 5-33 27438 12-10-08   1 Amends 13-3 27440 12-10-08 4-10-09 1 Amends Ch. 41 27458 1-14-09 2-1-09 1 Amends 27-4       2 Amends 27-31       3 Amends 27-33       4 Amends 27-34       5 Amends 27-36       6 Amends 27-44       7 Adds Ch. 27, Art. VIII, 27-45 thru 27-58 27487 2-11-09 2-16-09 1 Amends 15D-13       2 Amends 15D-15       3 Amends Ch. 15D, Art. II, Div. 2       4 Amends 15D-29       5 Amends 15D-31       6 Amends 15D-33       7 Amends 15D-35       8 Amends 15D-37       9 Amends 15D-42       10 Amends 15D-45       11 Amends 15D-46(d)       12 Amends 15D-47       13 Amends Ch. 15D, Art. II, Div. 5       14 Amends 15D-57       15 Amends 15D-58       16 Amends 15D-64 27504 3-25-09   1 Amends 12A-3       2 Amends 12A-4       3 Amends 12A-12 Readopts 27527 4-22-09 5-1-09 1 31-33, with an amendment to 31-33(f) 27538 5-13-09 5-18-09 1 Amends 31-33 27553 5-27-09   1 Amends 28-96.1       2 Amends 28-114.1(a)       3 Amends 28-114.1(b)       4 Amends 28-114.1(c)       5 Amends 28-114.2(a)       6 Amends 28-114.12       7 Amends 28-130.9 Readopts 27565 6-10-09 6-16-09 1 Ch. 12, with amendments to 12-2 Adds 27629 8-26-09 10-1-09 1 Ch. 48C, 48C-1 thru 48C-51 27659 9-23-09   1 Amends 43-126.30 27695 9-23-09 10-1-09 1 Amends 2-168(a)(9)       2 Amends 2-168(b)       3 Amends 2-168(c)       4 Amends 10-17(b)       5 Amends 10-17(e)       6 Amends 10-20       7 Amends 10-26       8 Amends 10A-17(a)       9 Amends 10A-17(c)       10 Amends 10A-20       11 Amends 10A-26       12 Amends 10B-17(a)       13 Amends 10B-17(b)       14 Amends 10B-17(d)       15 Amends 10B-20       16 Amends 10B-26       17 Adds 13-28.4       18 Amends 15D-9(a)(13)       19 Amends 15D-9.10       20 Amends 15D-9.16       21 Amends 15D-21(a)       22 Amends 15D-23(c)       23 Amends 15D-30       24 Amends 15D-36       25 Amends 15D-58(b)       26 Amends 17-2.2(d)(5)       27 Amends 17-10.2(d)(2)       28 Amends 17-10.2(e)(1)       29 Amends 17-10.2(f)(4)       30 Amends 17-10.2(g)       31 Amends 17-10.2(h)       32 Amends 17-10.2(i)       33 Amends 17-10.2(j)       34 Amends 17-10.2(l)       35 Amends 18-9(c)(1)       36 Amends 18-9(c)(2)       37 Amends 27-32       38 Amends 27-42(c)       39 Amends 27-42(e)       40 Amends 45-2.4(a)       41 Amends 45-3.2(g)       42 Amends 45-3.3       43 Amends 45-3.9       44 Amends 45-7.2(c)       45 Amends 48A-6(b)(9)       46 Amends 48A-14       47 Amends 48A-20 27697 9-23-09 10-1-09 1 Amends 2-26.7(a)       2 Amends 2-26.7(c)       3 Amends 2-27(4)       4 Amends 2-28       5 Amends Ch. 2, Art. V       6 Amends 2-49       7 Amends 2-51       8 Amends Ch. 2, Art. VII-a Adds       9 Ch. 2, Art. VII-b, 2-75 thru 2-75.1       10 Amends 2-98       11 Amends Ch. 2, Art. XV Adds       12 Ch. 2, Art. XV-a, 2-135 thru 2-135.1 Adds       13 Ch. 2, Art. XV-b, 2-135.2 thru 2-135.3       14 Amends 2-139.2       15 Amends Ch. 2, Art. XIX       16 Amends 2-148(c)       17 Amends 9A-2(b)       18 Amends 9A-3(a)(9)       19 Amends 9A-12       20 Amends 14-3(a)       21 Amends 14-4(c)       22 Amends 14-6       23 Amends 14B-2       24 Amends 14B-3(4)       25 Amends 14B-3(8)       26 Amends 14B-5       27 Amends 18-2(12)       28 Amends 18-12(d)(3)       29 Amends 19-1       30 Amends 19-10       31 Amends 19-18       32 Amends 19-32       33 Amends 19-33       34 Amends 19-34.1(c)       35 Amends 19-44       36 Amends 19-60       37 Amends 19-84(d)       38 Amends 19-94       39 Amends 19-96       40 Amends 19-97       41 Amends 19-99       42 Amends 19-118(12)       43 Adds 28-2(a)(4.1)       44 Amends 28-2(a)(8)       45 Amends 28-19       46 Amends 28-76.4(a)       47 Amends 28-113       48 Amends 28-114.12(a)       49 Amends 28-130       50 Amends 28-130.2(b)       51 Amends 28-130.5       52 Amends 28-130.12(d)       53 Amends 28-164       54 Amends 28-204       55 Amends 28-205       56 Amends 28-207(f)       57 Amends 28-207(g)       58 Amends 28-207(j)       59 Amends 28-208(b)       60 Amends 28-209       61 Amends 28-210(b)       62 Amends 28-212(b)       63 Amends 28-215(a)       64 Amends 40-1       65 Amends 40-3       66 Amends Ch. 40, Art. II       67 Amends 41A-5(a)       68 Amends 41A-6(c)       69 Amends 41A-7       70 Amends 42A-7(c)       71 Amends 43-121(c)       72 Amends 43-126.5(d)       73 Amends 43-126.16(5)       74 Amends 47-14       75 Amends 47-17(a)       76 Amends 47-20       77 Amends 48B-14(c)       78 Amends 49-1(24) Repeals Ch. 2, Art. V-e, 2-52 thru 2-       100 53; 14B-4; Ch. 19, Art. III, 19-47 thru 19-59 27698 9-23-09 10-1-09 1 Amends 19-121       2 Amends 49-18.1       3 Amends 49-18.2       4 Amends 49-18.4       5 Amends 49-18.5       6 Amends 49-18.7(a)       7 Amends 49-18.7(b)       8 Amends 49-18.9       9 Amends 49-18.12       10 Amends 49-18.13       11 Amends 49-47(a) 27700 10-14-09   1 Amends 28-44       2 Amends 28-45(a)       3 Amends 28-50(c)       4 Amends 28-60 27705 10-14-09   1 Repeals Ch. 2, Art. XXI-a, 2-152.1 thru 2-152.2 27706 10-28-09   1 Amends 13-3 27721 11-9-09 11-15-09 1 Amends 48A-43 27747 11-9-09   1 Amends 6-4(g) 27748 11-9-09 4-1-10 1 Amends 12A-2       2 Adds Ch. 12A, Art. III-A, 12A-15.2 thru 12A-15.12 27749 11-9-09 12-1-09 1 Adds 15A-4.1 27751 12-9-09 2-1-10 1 Amends 27-3       2 Amends 27-4 Adds       3 Ch. 27, Art. IX, 27-59 thru 27-72 27775 12-9-09   1 Amends 43-115       2 Amends 43-115.1 27803 2-10-10   1 Amends 48C-38       2 Amends 48C-42 27819 2-24-10   1 Adds 12A-3(h)       2 Adds 12A-4(e)       3 Adds 12A-7(e)       4 Amends 12A-8(b)       5 Amends 12A-12(c)       6 Amends 12A-19(a)(1) 27823 3-10-10   1 Amends 13-3 27831 3-10-10 4-10-10 1 Amends 5-58       2 Amends 5-59       3 Adds 5-61.1 27833 4-7-10   1 Amends 13-5.1 27834 4-7-10   1 Amends 12A-15.2(10)       2 Amends 12A-15.2(11)       3 Amends 12A-15.3 27865 4-28-10   1 Amends 2-37.2(c) 27888 5-26-10   1 Adds 7-4.12 Readopts 27911 6-9-10 6-16-10 1 Ch. 12, with amendments to 12-2 27922 6-23-10   1 Adds 27-16.11(d) 27934 8-11-10   1 Amends 18-11(c)(2)         Amends 18-11(c)(5) 27960 8-11-10 8-15-10 1 Adds 31-32.1 27963 8-25-10   1 Adds 30-3.2       2 Amends 30-5(a) 27980 9-8-10   1 Amends 2-26.2 27993 9-22-10   1 Amends 32-9.1 28019 9-22-10 10-1-10 1 Amends 5A-5.1       2 Amends 5A-8       3 Amends 18-3       4 Amends 18-4       5 Amends 18-8(b)       6 Amends 18-9(c)       7 Amends 18-11(b)       8 Amends 27-32       9 Amends 28-114.1(c)       10 Amends 28-114.1(d)       11 Amends 28-114.1(e)       12 Retitles Ch. 44, Art. III       13 Amends 44-22       14 Amends 44-32       15 Repeals 44-33 28020 9-22-10 10-1-10 1 Repeals Ch. 2, Art. XX, 2-147 thru 2- 149       2 Repeals Ch. 2, Art. XXV, 2-159 thru 2- 160.1       3 Amends 12A-2(24)       4 Repeals Ch. 39B, Art. III, 39B-15 thru 39B-16 28024 9-22-10   1 Amends 34-4       2 Adds 34-5(e)       3 Amends 34-10(a)       4 Amends 34-11(c)       5 Amends 34-14       6 Amends 34-15       7 Amends 34-16       8 Amends 34-17       9 Amends 34-19       10 Amends 34-20       11 Amends 34-21       12 Adds 34-21.1       13 Amends 34-22       14 Amends 34-23       15 Amends 34-24.1       16 Amends 34-25       17 Adds 34-31.1       18 Amends 34-32       19 Amends 34-36       20 Amends 34-38(c)       21 Amends 34-38(f)(1)       22 Amends 34-39(b)(5)       23 Amends 34-39(f)       24 Amends 34-40(c)(5)       25 Amends 34-40(f)(2)       26 Amends 34-43 28025 9-22-10 10-1-10 1 Amends 49-18.1       2 Amends 49-18.2       3 Amends 49-18.4       4 Amends 49-18.5       5 Amends 49-18.9 28046 10-26-10 1-1-11 1 Amends 17-1.5(b)(6)       2 Amends 17-1.5(b)(16)       3 Amends 17-9.2       4 Amends 17-10.2(i) Adds       5 Ch. 29A, 29A-1 thru 29A-15       6 Amends 42A-5 28048 11-10-10   1 Amends 31-38 28065 12-8-10 12-13-10 1 Amends 31-17       2 Adds 31-17.1 28066 12-8-10   1 Amends 43-136 28075 12-8-10 1-1-11 1 Amends 31-35 Amends 28084 1-12-11   1 Ch. 19, Art. X, 19-119 thru 19-131.2       2 Amends 49-1 Amends       3 Ch. 49, Art. IV, 49-41 thru 49-55.7 28110 1-26-11 1-31-11 1 Adds 5-35 28126 2-9-11   1 Amends 42A-7       2 Amends 42A-8       3 Amends 42A-10       4 Adds 42A-11.1       5 Amends 42A-12       6 Amends 42A-13 28127 2-9-11   1 Repeals Ch. 2. Art. XXIII, 2-155 thru 2-156       2 Amends 19-83.4(a) 28169 4-13-11   1 Amends 15A-4.1 Readopts 28217 5-25-11 6-16-11 1 Ch. 12, with amendments to 12-2 28220 6-1-11   1 Amends 17-8.2(h)(2) 28221 6-1-11   1 Amends 3-1 Adds       2 Ch. 15A, Art. III, 15A-14 thru 15A-17 28239 6-8-11   1 Amends 15A-4.1 28241 6-22-11   1 Amends 32-10 Adds 28287 6-22-11 1-1-12 1 Ch. 50, Art. XI, 50-144 thru 50-151.3 28335 8-24-11   1 Amends 7-2.7 28423 9-28-11 10-1-11 1 Amends 13-28.3       2 Amends 27-32 Amends 28424 9-28-11 10-1-11 1 Ch. 2, Art. V-c, 2-48 thru 2-49       2 Amends 2-62       3 Amends 2-72 Amends       4 Ch. 2, Art. VIII-a, Div. 1, 2-81 thru 2-85 Adds       5 Ch. 2, Art. XV-c, 2-135.4 thru 2-135.5       6 Amends 2-139.2       7 Amends 19-113       8 Amends 28-24       9 Amends 28-29       10 Amends 28-130.7       11 Amends 28-130.12       12 Amends 28-156       13 Amends 28-194       14 Amends 28-203(4)       15 Amends 29A-5(c)       16 Amends 30-2       17 Amends 34-2(b) Amends       18 Ch. 36, Art. II, 36-43 thru 36-54       19 Amends 39-4       20 Amends 42A-7(c)       21 Amends 43-121(c)       22 Amends 43-126.5(d)       23 Amends 43-135(7) 28425 9-28-11   1 Amends 34-22(t)(1)       2 Amends 34-36(b)(16)       3 Amends 34-37(d)(2) 28426 9-28-11 10-1-11 1 Amends 49-18.1       2 Amends 49-18.2       3 Amends 49-18.4       4 Amends 49-18.5       5 Amends 49-18.9       6 Amends 49-18.16(a) 28444 10-26-11   1 Amends 6-4(g) 28456 11-7-11   1 Amends 5A-15 Amends 28461 11-7-11   1 Ch. 19, Art. IX, 19-118 thru 19-118.8 28488 12-14-11   1 Amends 17-2.2(d)(1) Amends       2 Ch. 17, Art. VIII, 17-8.1 thru 17-8.2       3 Amends 17-10.2(e)       4 Amends 17-10.2(s) 28512 12-14-11   1 Amends 44-57 28565 2-22-12   1 Amends 6-4(f) 28583 3-28-12   1 Amends 28-45(a) 28622 4-18-12 4-23-12 1 Amends 49-1       2 Amends 49-21.1 Readopts 28639 4-25-12 5-1-12 1 31-33, with amendment to 31-33(f) Adds 28654 5-23-12 6-25-12 1 Ch. 28, Art. XX, 28-220 thru 28-234 Readopts 28670 5-23-12 6-16-12 1 Ch. 12, with amendments to 12-2 Amends 28684 6-27-12   1 Ch. 2, Art. III, Div. 1, 2-21 thru 2-26.3 28705 6-27-12 9-15-12 1 Amends 2-27       2 Amends 2-30       3 Amends 2-31       4 Amends 2-32       5 Amends 2-33 Amends       6 Ch. 2, Art. VIII-a, 2-81 thru 2-94 Adds 28706 6-27-12 10-1-12 1 Ch. 8A, 8A-1 thru 8A-40 Amends       2 Ch. 33, 33-1 thru 33-8 28739 8-8-12   1 Amends 40A-1(21)       2 Amends 40A-9       3 Amends 40A-12       4 Amends 40A-26       5 Amends 40A-33 28792 9-19-12 10-1-12 1 Adds 24-4(j)       2 Amends 28-104       3 Amends 28-106       4 Amends 28-107       5 Amends 28-108       6 Amends 28-109       7 Adds 28-114       8 Amends 28-114.2(b) 28794 9-19-12   1 Amends 34-4(32)       2 Amends 34-25(a)       3 Amends 34-36(b)(12) 28795 9-19-12 10-1-12 1 Amends 49-18.1       2 Amends 49-18.2       3 Amends 49-18.3       4 Amends 49-18.4       5 Amends 49-18.5       6 Amends 49-18.7(a)       7 Amends 49-18.7(b)       8 Amends 49-18.9       9 Amends 49-18.12 28799 9-26-12   1 Amends 6-4(g) 28831 10-24-12   1 Amends 28-103(a) Renumbers       2 28-114.1(n) thru (o) as 28-114.1(o) thru (p); adds new 28-114.1(n)       3 Amends 28-114.1(o)       4 Adds 28-114.1(q) 28833 11-14-12   1 Amends 5A-15 Adds 28870 12-12-12   1 Ch. 28, Art. VI, Div. 5, 28-58.1 thru 28-58.2 28871 1-9-13   1 Amends 28-44       2 Amends 28-45(a)       3 Amends 28-45(b)       4 Amends 28-50(c)       5 Amends 28-59       6 Amends 28-60 28940 3-27-13   1 Amends 28-50(c)       2 Amends 28-59       3 Amends 28-60 28953 3-27-13   1 Amends Ch. 29, Art. IV, 29-25 thru 29- 30 Amends 29016 5-22-13 5-31-13 1 Ch. 29A, 29A-1 thru 29A-15       2 Amends 42A-2       3 Amends 42A-3(b)       4 Amends 42A-4(b)       5 Amends 42A-5       6 Amends 42A-8       7 Amends 42A-13       8 Repeals Ch. 29, 29-1 thru 29-32 Amends 29023 6-12-13 10-1-13 1 Ch. 50, Art. XII, 50-152 thru 50-172 Readopts Ch. 12, with amendments to 12-1, 12-2, 29036 6-12-13 6-16-13 1 12-8, 12-14, 12-18, 12-19 29039 6-12-13 6-17-13 1 Amends 18-11(c) 29070 8-14-13 9-30-13 1 Adds 31-13.1 29071 8-14-13   1 Amends 28-50(c)       2 Amends 28-59       3 Amends 28-60 Adds 29102 8-28-13   1 Ch. 32, Art. II, Div. 1, 32-11.5 thru 32-20 Adds       2 Ch. 32, Art. II, Div. 2, 32-21 thru 32-28.3 29149 9-18-13 10-1-13 1 Amends 13-28.3       2 Amends 18-9(c)(1)       3 Amends 18-9(c)(2)       4 Amends 24-4 29150 9-18-13 10-1-13 1 Amends 49-18.1       2 Amends 49-18.2       3 Amends 49-18.4       4 Amends 49-18.5       5 Amends 49-18.7(a)       6 Amends 49-18.7(b)       7 Amends 49-18.9       8 Amends 49-18.12 29177 10-23-13 10-28-13 1 Amends 17-2.2(c)(6)       2 Amends 17-2.2(d)(5)       3 Amends 17-10.2(d)(2)       4 Amends 17-10.2(e)(1)       5 Amends 17-10.2(f)(4)       6 Amends 17-10.2(g)       7 Amends 17-10.2(h)(2)       8 Amends 17-10.2(i)(1)       9 Amends 17-10.2(j)(1)       10 Amends 17-10.2(l)(1)       11 Amends 17-10.2(s)(1) 29208 12-11-13   1 Corrects 6-4(g)(1)(F) 29244 1-22-14 1-27-14 1 Amends 28-158.1 Amends 29245 1-22-14 4-22-14 1 Ch. 42, 42-1 thru 42-15 29246 1-22-14   1 Amends 28-50(c)       2 Amends 28-59       3 Amends 28-60 29261 1-22-14   1 Amends 6-4(g)(5) 29306 3-26-14   1 Amends 27-31       2 Amends 27-38(b)       3 Amends 27-44 29307 3-26-14 1-1-15 1 Adds Ch. 9C, 9C-1 thru 9C-7 29320 4-23-14   1 Amends 34-24.1 29358 5-28-14   1 Amends 12-2 29373 6-11-14   1 Amends 9-2       2 Amends 9-3       3 Amends 9-7(a)(4)       4 Amends 9-8       5 Amends 9-9 29394 8-6-14   1 Amends 13-5.2 29395 8-13-14   1 Amends 28-50(c)       2 Amends 28-60(b) 29403 8-13-14   1 Retitles and amends Ch. 2, Art. XXIV       2 Amends 7-2.5       3 Amends 7-2.7(b)       4 Amends 7-5.3       5 Amends 7-5.4       6 Amends 7-8.1(h)       7 Adds 7-8.1(i)       8 Adds 7-8.4       9 Adds 27-3(6.1)       10 Retitles Ch. 27, Art. IV-b       11 Amends 27-16.12       12 Amends 27-16.16(b)       13 Amends 27-16.18(g)       14 Amends 27-16.18(i)       15 Amends 27-16.21(b) 29437 9-10-14 10-10-14   Amends Ch. 16 29477 9-17-14 10-1-14 1 Amends 2-26.2(a)       2 Amends 2-26.2(g)(1)       3 Amends 5A-5.1(b)       4 Amends 5A-8(b)       5 Amends 6A-5       6 Amends 9A-4       7 Amends 14-4(a)       8 Amends 18-9(c)(1)       9 Amends 18-9(c)(2)       10 Amends 18-11(c)(4)       11 Amends 41A-6(a)       12 Amends Ch. 52, 303.5.3 29478 9-17-14 10-1-14 1 Amends 2-37.2       2 Amends 2-42(a)       3 Amends Ch. 2, Art. V-e       4 Amends 2-135.3       5 Amends 39A-2(b)       6 Amends 39A-4(k)       7 Amends 39A-5(u)       8 Amends 43-121(c)       9 Amends 43-126.5(d) 29479 9-17-14 10-1-14 1 Amends 49-18.1(c)       2 Amends 49-18.1(f)(1)       3 Amends 49-18.1(g)       4 Amends 49-18.1(i)       5 Amends 49-18.2(c)       6 Amends 49-18.4(b)       7 Amends 49-18.4(e)       8 Amends 49-18.4(f)       9 Amends 49-18.5(a)       10 Amends 49-18.5(b)       11 Amends 49-18.9       12 Amends 49-18.12 29480 9-24-14   1 Amends 34-4       2 Amends 34-22(o)       3 Amends 34-23(m)       4 Amends 34-24(b)       5 Amends 34-25(f)       6 Amends 34-27(a)       7 Amends 34-28(d)       8 Amends 34-35       9 Amends 34-38(c)       10 Amends 34-38(i)       11 Amends 34-39       12 Amends 34-40(c)       13 Amends 34-43(a) 29491 10-8-14   1 Amends 28-59 Amends 29543 11-12-14   1 Ch. 28, Art. XIV, 28-158.1 29544 11-12-14   1 Amends 15D-1       2 Amends 15D-4       3 Amends title of Ch. 15D, Art. I, Div. 2       4 Adds 15D-5.1 29595 12-10-14   1 Amends 17-1.6 29596 12-10-14 4-30-15 1 Amends Ch. 5, Art. II, 5-57 thru 5-63       2 Repeals Ch. 10       3 Repeals Ch. 10A       4 Repeals Ch. 10B       5 Repeals Ch. 45 Adds       6 Ch. 47A, 47A-1.1 thru 47A-4.7 29613 1-28-15   1 Amends 28-45(a)       2 Amends 28-50(c) 29618 1-28-15   1 Amends 27-16.16(b)       2 Amends 27-16.18(g)       3 Amends 27-16.21(b)       4 Amends 27-16.23(b)       5 Amends 49-2(b)       6 Amends 49-2(e) 29644 2-18-15   1 Amends 40A-1(42) 29645 2-25-15   1 Amends 2-1       2 Amends 2-95(c)       3 Amends 2-126(b)       4 Amends 2-130(b)       5 Amends 2-140(b)       6 Amends 2-150(b)       7 Amends 2-157(b)       8 Amends 2-161(b)       9 Amends 6A-5       10 Amends 12A-10(b)       11 Amends 12A-12       12 Amends 12A-24(b)       13 Amends 13-5.1(b)       14 Amends 13-35       15 Amends 24-7(b)       16 Amends 28-218(b)       17 Amends 37-27       18 Amends 37-31(c)       19 Amends 37A-7(a)       20 Amends 49-56(h)(4)       21 Amends 49-62(e) 29660 2-25-15   1 Amends 12A-25       2 Amends 12A-26       3 Amends 12A-27(a)       4 Amends 12A-28(a)       5 Amends 12A-29(a)       6 Amends 12A-32       7 Amends 12A-38       8 Adds 12A-40.1       9 Adds 12A-43 Adds 29663 2-25-15 3-1-15 1 Ch. 15A, Art. I-a, 15A-7.1 thru 15A-7.2       2 Amends 15A-8       3 Amends 15A-9       4 Adds 15A-9.1       5 Amends 15A-10(a)       6 Amends 15A-11(a)             Ordinance Number Specified Passage Effective Date Ordinance City Code Section Date Section Ordinance Number Specified Passage Effective Date Ordinance City Code Section Date Section 29691 3-25-15   1 Amends 29A-5(a)       2 Amends 29A-5(e)       3 Amends 29A-6(1)       4 Amends 29A-8(a)       5 Amends 29A-11(a)       6 Amends 29A-11(d) 29706 4-8-15 4-30-15 1 Amends 47A-1.6       2 Amends 47A-2.1.2       3 Amends 47A-2.2.4       4 Amends 47A-2.2.8       5 Amends 47A-2.3.2 29721 4-22-15 4-30-15 1 Amends 5-58(2)       2 Amends 5-58(3)       3 Amends 5-58(7)       4 Amends 5-61       5 Amends 5-62(a)       6 Amends 5-63 29753 5-27-15   1 Amends 8A-2(4)       2 Amends 8A-2(6)       3 Amends 8A-2(8)       4 Amends 8A-2(12)       5 Amends 8A-2(13)       6 Amends 8A-2(15)       7 Amends 8A-2(16)       8 Adds 8A-2(17.1)       9 Amends 8A-2(18)       10 Adds 8A-2(18.1)       11 Amends 8A-2(19)       12 Adds 8A-2(22)       13 Amends 8A-4(b)       14 Amends 8A-5       15 Amends 8A-6       16 Amends 8A-7       17 Amends 8A-8       18 Amends 8A-9       19 Amends 8A-10(a)       20 Amends 8A-10(b)       21 Amends 8A-10(c)       22 Amends 8A-11       23 Amends 8A-12       24 Amends 8A-13       25 Amends 8A-15(b)       26 Amends 8A-16       27 Amends 8A-19(b)(3)       28 Amends 8A-19(c)       29 Amends 8A-19(d)(2)       30 Amends 8A-19(d)(6)       31 Amends 8A-19(d)(7)       32 Amends 8A-19(d)(8)       33 Adds 8A-21.1       34 Amends 8A-22(b)       35 Adds 8A-22(e)(5)       36 Amends 8A-23(b)       37 Amends 8A-23(e)(1)       38 Amends 8A-23(e)(4)       39 Amends 8A-24(a)       40 Amends 8A-33(a)       41 Amends 8A-33(c)(1)       42 Amends 8A-34(b)       43 Amends 8A-34(c)       44 Amends 8A-34(d)       45 Amends 8A-34(f)       46 Amends 8A-34(g)(2)       47 Amends 8A-34(i)       48 Amends 8A-34(j)       49 Adds 8A-34(n)       50 Amends 8A-35(f)       51 Amends 8A-36       52 Amends 8A-37       53 Amends 8A-38       54 Amends 8A-39(a)       55 Amends 8A-39(b)       56 Amends 8A-40       57 Amends 27-31 29754 6-3-15   1 Repeals Ch. 9C 29770 6-10-15   1 Amends 12A-26(a)(8)       2 Amends 12A-26(g) 29879 9-22-15 10-1-15 1 Amends 5A-3       2 Repeals 5A-5.1       3 Amends 5A-8(b)       4 Amends 5A-14(a)       5 Amends 7-2.6(a)       6 Amends 7-4.11(c)       7 Amends 7-6.2(e)       8 Amends 15D-5(b)     sec. 12: 4-1-16 9-14 Amends Ch. 16       15 Amends 18-2(41)       16 Amends 18-3(a)       17 Amends 18-3(b)       18 Amends 18-9       19 Amends 18-57       20 Amends 27-32(a)       21 Amends 27-42(c)       22 Amends 27-42(e)       23 Amends 27-62(a)       24 Amends 27-72(c)       25 Amends 43A-3       26 Amends 43A-17(c)       27 Amends 43A-18(b)       28 Amends 48B-8(a)       29 Amends 49-18.1(c)       30 Amends 49-18.1(f)(1)       31 Amends 49-18.1(g)       32 Amends 49-18.1(i)       33 Amends 49-18.2       34 Amends 49-18.4(b)       35 Amends 49-18.4(e)       36 Amends 49-18.4(f)       37 Amends 49-18.5(a)       38 Amends 49-18.5(b)       39 Amends 49-18.7(a)       40 Amends 49-18.7(b)       41 Amends 49-18.9       42 Amends 50-82       43 Amends 50-101       44 Amends 50-116       45 Amends 50-137(a)       46 Amends 50-149(a) 29880 9-22-15   1 Amends 44-35 29881 9-22-15 10-1-15 1 Amends 2-139       2 Amends 18-1       3 Amends 18-2(44) 29882 9-22-15 10-1-15 1 Amends Ch. 2, Art. V-e       2 Amends 43-121(c)       3 Amends 43-126.5(d) 29883 9-22-15   1 Amends 34-9       2 Amends 34-22       3 Amends 34-23       4 Amends 34-32 29906 10-28-15   1 Amends 43-111       2 Amends 43-112       3 Amends 43-115       4 Amends 43-115.1       5 Adds 43-115.3       6 Amends 43-116 Amends Ch. 2, 29920 11-10-15   1 Art. XXV, 2-159 thru 2-160 29942 11-10-15   1 Amends Ch. 46 (title)       2 Amends 46-1       3 Amends 46-4       4 Amends 46-6 Renumbers and       5 amends 46-6.1       6 Amends 46-7       7 Amends 46-10(a) Reinstates 31-33 29985 1-13-16 1-18-16 1 with amendment to 31-33(f) 29986 1-13-16   1 Amends 7-2.6(a) 29993 1-27-16 4-1-16 1 Amends 43-137       2 Amends 43-139(c)       3 Amends 43-139(k)       4 Amends 43-140.2       5 Amends 43-141(f)       6 Adds 43-141(h)       7 Adds 43-141(i) 30022 2-24-16   1 Amends 28-44       2 Amends 28-45       3 Amends 28-50(c)       4 Amends 28-59       5 Amends 28-60 30089 5-25-16   1 Amends 2-20.1 30090 5-25-16   1 Amends 43A-1       2 Amends 43A-2       3 Amends 43A-3       4 Adds 43A-3.1       5 Amends 43A-6(e)       6 Adds 43A-9(e)       7 Amends 43A-11(c)       8 Adds 43A-15(c)       9 Adds 43A-16(c)       10 Amends 43A-19       11 Amends 43A-20       12 Amends 43A-21 Adds Ch. 43A,       13 Art. IV, 43A-26 Readopts Ch. 12, 30106 5-25-16   1 with amendment to 12-2 30134 6-22-16 7-1-16 1 Amends 17-1.1       2 Amends 17-1.5       3 Amends 17-1.6(a)       4 Amends 17-2.1       5 Amends 17-2.2(b)       6 Amends 17-2.2(c)       7 Deletes 17-2.2(d)       8 Amends 17-3.1       9 Amends 17-3.2       10 Amends 17-4.1       11 Amends 17-4.2(c)       12 Amends 17-5.1       13 Amends 17-5.2(c)       14 Adds 17-5.2(e)       15 Amends 17-6.1       16 Amends 17-6.2(b)       17 Amends 17-6.2(c)(2)       18 Adds 17-6.2(d), (e)       19 Amends 17-7.1       20 Amends 17-8.1       21 Amends 17-8.2(b)       22 Amends 17-8.2(c)(1)(E)       23 Amends 17-8.2(g)       24 Amends 17-8.2(h)(1)A)       25 Amends 17-8.2(i)(4)(M)       26 Amends 17-9.1       27 Amends 17-9.2       28 Amends 17-10.1       29 Amends 17-10.2(i)(2)       30 Deletes 17-10.2(c)(8)       31 Amends 17-10.2(k)       32 Amends 17-10.2(s)       33 Amends 17-11.2       34 Amends 17-12.1       35 Amends 17-13.1 Adds Ch. 17, Art.       36 XIV, 17-14.1 thru 17-14.2 30135 6-22-16 10-1-16 1 Amends Ch. 16 30136 6-22-16   1 Adds 7A-2(14.1)       2 Adds 7A-3.1       3 Amends 31-40             Ordinance Number Specified Passage Effective Date Ordinance City Code Section Date Section Ordinance Number Specified Passage Effective Date Ordinance City Code Date Section Section Amends Ch. 40A, 30162 8-17-16 1-1-17 1 40A-1 thru 40A-35 30180 9-14-16   1 Amends 47A-1.4       2 Amends 47A-1.6       3 Amends 47A-2.1.2       4 Amends 47A-2.1.8       5 Amends 47A-2.2.1       6 Amends 47A-2.3.2       7 Amends 47A-2.3.3       8 Amends 47A-2.3.5       9 Amends 47A-2.4.8       10 Amends 47A-2.5.1(c)       11 Amends 47A-2.5.2(b) Retitles 30215 9-21-16 10-1-16 1 Ch. 2, Art. XXVIII Amends Ch. 2, Art.       2 XXVIII, 2-167 thru 2-169       3 Amends 15D-5(b)(1)       4 Amends 15D-9(a)(13)       5 Amends 15D-9.2(c)       6 Amends 15D-9.10       7 Amends 15D-9.16       8 Amends 15D-9.31(c)       9 Amends 15D-21(a)       10 Amends 15D-23(c)       11 Amends 15D-30       12 Amends 15D-36       13 Amends 15D-58(b)       14 - 17 Amends Ch. 16       18 Amends 18-9(c)       19 Amends 18-11(b)(2)       20 Amends 18-11(c)(5)       21 Amends 48A-6(b)(9)       22 Amends 48A-8(c)       23 Amends 48A-14       24 Amends 48A-20       25 Amends 48A-29(i)       26 Amends 48C-6(b)(9)       27 Amends 48C-8(c)       28 Amends 48C-15       29 Amends 48C-21       30 Amends 48C-30(h)       31 Amends 49-18.1(c)       32 Amends 49-18.1(f)(1)       33 Amends 49-18.1(g)       34 Amends 49-18.1(i)       35 Amends 49-18.2       36 Amends 49-18.4(b)       37 Amends 49-18.4(e)       38 Amends 49-18.4(f)       39 Amends 49-18.5(a)       40 Amends 49-18.5(b)       41 Amends 49-18.7(a)       42 Amends 49-18.7(b)       43 Amends 49-18.9 30216 9-28-16   1 Amends 34-4(21)       2 Retitles 34-17       3 Retitles 34-19       4 Amends 34-45(c) 30217 9-28-16   1 Amends 28-44       2 Amends 28-50(c)       3 Amends 28-60(b) 30236 9-28-16 1-1-17 1 Retitles Ch. 27       2 Amends 27-3       3 Amends 27-3.1       4 Amends 27-4       5 Amends 27-5       6 Amends 27-11       7 Amends 27-12       8 Amends 27-15       9 Amends 27-15.1       10 Amends 27-16     sec. 11: 9-28-16 11 Amends 27-16.3(b)     sec. 12: 9-28-16 12 Amends 27-16.4(c)     sec. 13: 9-28-16 13 Amends 27-16.8(d)     sec. 14: 9-28-16 14 Amends 27-16.8(e)(4)       15 Amends 27-16.13(a)       16 Amends 27-16.14       17 Amends 27-16.15       18 Amends 27-16.16       19 Amends 27-16.17(a)       20 Amends 27-16.18       21 Amends 27-16.19(e)       22 Amends 27-16.19(f)       23 Amends 27-16.20       24 Amends 27-16.22       25 Amends 27-16.23       26 Amends 27-24       27 Adds 27-27(e) Amends Ch. 27, Art.       28 VII, 27-29 thru 27-44.1 Repeals Ch. 27,       29 Art. VIII, 27-45 thru 27-58 Repeals Ch. 27,       30 Art. IX, 27-59 thru 27-72 30239 9-28-16   1 Amends 2-44 Amends       2 Ch. 2, Art. V-c, 2-48 thru 2-49       3 Amends 2-53       4 Amends 2-139.1       5 Amends 2-139.2       6 Amends 28-24       7 Amends 28-29       8 Amends 28-194       9 Amends 28-201(c)       10 Amends 28-203(4)       11 Amends 28-130.7(e)       12 Amends 28-130.12(a)       13 Amends 29A-5(c)       14 Amends 30-2(8)       15 Amends 36-45       16 Amends 39-4(a)       17 Amends 42A-7(c)       18 Amends 43-63       19 Amends 43-121(c)       20 Amends 43-126.5(d)       21 Amends 43-135(7)       22 Amends 49-27(a) 30240 9-28-16   1 Amends 2-72       2 Adds 5-3(d)       3 Amends 47A-3.2(c) 30246 10-26-16   1 Amends 20A-2       2 Amends 20A-3       3 Amends 20A-4       4 Adds 20A-4.1       5 Amends 20A-5       6 Amends 20A-7(c)       7 Amends 20A-10(d) 30258 11-9-16 3-1-17 1 Amends 41-1       2 Amends 41-2(a)       3 Adds 41-2(f) 30391 3-22-17 7-1-17 1 Amends 2-37.9       2 Amends 12A-1       3 Adds 12A-1.1       4 Adds 12A-1.2       5 Amends 12A-2(12)       6 Adds 12A-2(15.1)       7 Adds 12A-2(16.1)       8 Amends 12A-2(20)       9 Amends 12A-2(22)       10 Amends 12A-2(24)       11 Amends 12A-3       12 Retitles 12A-4       13 Amends 12A-4(b)(4)(A)       14 Amends 12A-4(c)       15 Amends 12A-4(d)       16 Amends 12A-5       17 Adds 12A-5.1       19 Amends 12A-7       20 Amends 12A-9       21 Amends 12A-10(a)       22 Amends 12A-10(g)       23 Amends 12A-11       24 Amends 12A-12(b)       25 Adds 12A-12(d)       26 Adds 12A-12.1       27 Amends 12A-13       28 Amends 12A-15.1       29 Amends 12A-15.3       30 Amends 12A-15.4       31 Amends 12A-15.8 (g)       32 Adds 12A-15.8(h)       33 Amends 12A-15.9 (b)       34 Amends 12A-18       35 Amends 12A-19(a)(1)       36 Amends 12A-21(d)       37 Repeals 12A-22       38 Amends 12A-25(a)       39 Amends 12A-25(c)(6)       40 Adds 12A-25(d)       41 Amends 12A-26       42 Amends 12A-27(a)       43 Amends 12A-28(a)       44 Adds 12A-30(a)(5)       45 Amends 12A-30(b)       46 Adds 12A-35.1       47 Amends 12A-37       48 Adds 12A-37.1       49 Adds 12A-38.1       50 Adds 12A-41(c)       51 Amends 12A-42(a)       52 Adds 12A-42.1       53 Adds 12A-44       54 Adds 12A-45       55 Amends 15A-1 Retitles       56 Ch. 15A, Art. I- a       57 Amends 15A-7.1       58 Amends 15A-7.2 Adds Ch. 15A, Art. I-       59 b, 15A-7.3 thru 15A-7.5 Amends Ch. 2, 30431 4-12-17   1 Art. XX, 2-147 thru 2-149 30472 5-24-17   1 Amends 12B-2       2 Amends 12B-3       3 Amends 12B-4       4 Adds 12B-5(e)       5 Amends 12B-6(b)       6 Amends 12B-7(a)       7 Retitles Ch. 12B, Art. III       8 Amends 12B-20 Amends Ch. 2, 30483 6-14-17   1 Art. XXIII, 2-155 thru 2-156       2 Amends 2-157(e)       3 Amends 7-1.1       4 Amends 7-2.4       5 Amends 7-2.5       6 Retitles 7-3.1       7 Amends 7-3.1(a)       8 Amends 7-4.1(b)       9 Amends 7-4.2       10 Amends 7-4.10(b)       11 Amends 7-4.11       12 Amends 7-4.12       13 Adds 7-4.13       14 Amends 7-5.4       15 Amends 7-8.2       16 Amends 7-8.3 30489 6-14-17   1 Amends 12A-15.2       2 Amends 12A-15.7       3 Amends 15A-4.1       4 Amends 20A-3(13)       5 Amends 20A-3(22) 30555 8-9-17   1 Amends 8-1       2 Amends 8-1.1(a)       3 Amends 8-1.1(c)       4 Amends 8-1.1(d)       5 Amends 8-1.2(a)       6 Amends 8-1.4       7 Amends 8-1.5       8 Amends 8-2       9 Amends 8-4       10 Amends 8-6(a)       11 Amends 8-8       12 Amends 8-9(a)       13 Amends 8-9(e)       14 Amends 8-20       15 Amends 8-20.1       16 Amends 8-21 30620 8-23-17   1 Amends 43-135       2 Amends 43-139(c)(10)       3 Adds 43-139(c)(21)       4 Adds 43-139.1       5 Amends 43-140(d)(1) Readopts Ch. 12, 30650 9-13-17   1 with amendment to 12-2 30653 9-20-17 10-1-17 1 Amends 2-168(b)       2 Amends 6-10       3 Amends 6A-5       4 Amends 9A-4       5 Amends 14-4(a)       6 Amends 17-2.2(6)       7 Amends 17-8.2(3)       8 Amends 17-9.2       9 Amends 17-10.2(d)       10 Amends 17-10.2(e)(1)       11 Amends 17-10.2(f)(4)       12 Amends 17-10.2(g)       13 Amends 17-10.2(h)       14 Amends 17-10.2(i)       15 Amends 17-10.2(j)       16 Amends 17-10.2(l)       17 Amends 17-10.2(s)       18 Amends 18-9(c)(1)       19 Amends 18-9(c)(2)       20 Amends 41A-6(a)       21 Amends 49-18.1(c)       22 Amends 49-18.1(f)(1)       23 Amends 49-18.1(g)       24 Amends 49-18.1(i)       25 Amends 49-18.2       26 Amends 49-18.4(b)       27 Amends 49-18.4(e)       28 Amends 49-18.4(f)       29 Amends 49-18.5(a)       30 Amends 49-18.5(b)       31 Amends 49-18.9 30654 9-20-17 10-1-17 1 Amends 2-27(4)       2 Amends 2-28       3 Amends 2-37.16 Amends ch. 2,       4 art. V-c, 2-48 thru 2-49 Amends ch. 2,       5 art. XV-b, 2-135.2 thru 2-135.3 Amends ch. 2,       6 art. XVII-a, 2-139.1 thru 2-139.2 Amends ch. 2,       7 art. XIX, 2-142 thru 2-143       8 Amends 12A-45(e)       9 Amends 28-2(a)(8)       10 Amends 28-24       11 Amends 28-29       12 Amends 28-103       13 Amends 28-113       14 Amends 28-114.12(a)       15 Amends 28-130       16 Amends 28-130.2(b)       17 Amends 28-130.5       18 Amends 28-130.12(d)       19 Amends 28-194       20 Amends 28-201(c)       21 Amends 28-203(4)       22 Amends 28-204       23 Amends 28-208(b)       24 Amends 28-212(b)       25 Amends 29A-5(c)       26 Amends 30-2(8)       27 Amends 36-45       28 Amends 39-4(a)       29 Amends 42A-7(c)       30 Amends 43-63       31 Amends 43-121(c)       32 Amends 43-126.5(d)       33 Amends 43-135(9)       34 Amends 49-27(a) 30657 9-27-17 10-1-17 1 Amends 34-1       2 Adds 34-22(u)       3 Amends 34-23(a)       4 Adds 34-23(r)       5 Amends 34-30(c)       6 Adds 34-38(k) 30675 10-25-17   1 Amends 2-51       2 Amends 2-74 30687 11-8-17 2-1-18 1 Amends 7-1.1       2 Amends 7-3.1       3 Amends 7-4.7 30694 11-8-17   1 Amends 39A-1       2 Amends 39A-2       3 Amends 39A-3       4 Amends 39A-4       5 Amends 39A-5       6 Amends 39A-6 Amends Ch. 27, 30714 12-13-17 [sec. 27-53 eff. 1 Art. VIII, 2-1-18] 27-45 thru 27-54 30715 12-13-17   1 Amends 15A-1       2 Amends 15A-7 30769 2-14-18   1 Amends 13-3(a) 30789 2-28-18   1 Amends 8-1.4(a)       2 Amends 8-1.4(f)       3 Amends 8-1.4(h) 30828 4-11-18   1 Amends 2-17.3(a)       2 Amends 2-27       3 Amends 2-29       4 Amends 2-30(d)       5 Amends 2-31       6 Amends 2-32       7 Amends 2-33       8 Amends 15B-1       9 Amends 15B-3(1) 30842 4-25-18 7-1-18 1 Adds 5-31.1       2 Adds 5-64 30879 6-13-18 1-1-19 1 Amends 18-2       2 Adds 18-5.1       3 Amends 18-12.1(c) Adds Ch. 18,       4 Art. IV-a, 18-52 thru 18-54 30900 6-27-18   1 Amends 7-2.5       2 Amends 7-2.6 30901 6-27-18   1 Adds 7-1.1(8.1)       2 Adds 7-4.14       3 Amends 7-5.3       4 Amends 7-5.4       5 Amends 7-5.5       6 Amends 7-5.6(b)       7 Amends 7-5.6(c)       8 Adds 7-5.11 Adds Ch. 7, Art.       9 V-a, 7-5.12 thru 7-5.16       10 Amends 7-8.1(e)       11 Amends 7-8.2(b) Amends Ch. 2, 30905 6-27-18   1 Art. XIV, 2-130 thru 2-132 30935 6-27-18   1 Amends 28-41.1       2 Adds 28-41.1.1 Adds Ch. 43, 30936 6-27-18   1 Art. X, 43-157 thru 43-175 30938 8-8-18   1 Amends 17-1.5(b)       2 Amends 17-10.2(f)       3 Amends 17-10.2(h)(2)       4 Amends 17-10.2(l)(2)       5 Amends 17-10.2(s)(1)       6 Amends 17-10.2(s)(4) 30969 8-22-18   1 Amends 2-17.2 30976 9-12-18   1 Amends 12-2 30993 9-18-18 10-1-18 1 Amends 2-168(b)       2 Amends 15D-57(a)       3 Amends 18-9(c)(1)       4 Amends 18-9(c)(2)       5 Amends 18-11(b)(2)       6 Amends 28-26(f)       7 Amends 49-18.1(c)(2)       8 Amends 49-18.1(f)(1)       9 Amends 49-18.1(g)       10 Amends 49-18.1(i)       11 Amends 49-18.2(c)(2)       12 Amends 49-18.2(c)(3)       13 Amends 49-18.2(c)(4)       14 Amends 49-18.2(c)(5)       15 Amends 49-18.2(f)       16 Amends 49-18.4(b)       17 Amends 49-18.4(e)       18 Amends 49-18.4(f)       19 Amends 49-18.5(a)       20 Amends 49-18.5(b)       21 Amends 49-18.5(c)       22 Amends 49-18.7(a)       23 Amends 49-18.7(b) Amends Ch. 2, 30994 9-18-18   1 Art. V-a, 2-43 thru 2-44       2 Amends 2-51 Adds Ch. 2, Art.       3 V-f, 2-54 thru 2-55 Amends Ch. 2,       4 Art. VII-b, 2-75 thru 2-75.1 Amends Ch. 9B,       5 Art. II, 9B-6 thru 9B-9       6 Amends 13-8(a)       7 Amends 19-113(a)       8 Amends 49-18.5(c)       9 Amends 49-18.5(d) 31048 11-28-18   1 Amends 28-41.1       2 Amends 28-41.1.1(e) 31049 11-28-18   1 Adds 2-30(d)(8)       2 Amends 2-37.12(a)       3 Amends 2-37.12(b)       4 Amends 2-37.12(i)       5 Amends 2-47 Amends Ch. 2,       6 Art. VIII, 2-76 thru 2-80       7 Amends 2-102       8 Amends 2-105       9 Retitles Ch. 2, Art. XXVI       10 Amends 2-161       11 Amends 2-162       12 Amends 2-162.2       13 Adds 2-162.3       14 Adds 2-162.4 Readopts with 31135 2-27-19 3-4-19 1 amendments 31-33 31142 3-27-19   1 Retitles Ch. 20A Classifies       2 20A-1 thru 20A-21 as Art. I Adds Ch. 20A,       3 Art. II, 20A-22 thru 20A-33 31143 3-27-19   1 Amends 6-4(f) Repeals and 31144 3-27-19 6-1-19 1 reserves Ch. 29A Amends Ch. 42A,       2 42A-1 thru 42A- 41 Amends Ch. 20, 31181 4-24-19 8-1-19, 8-1-21 1 20-1 thru 20-12 Amends Ch. 2, 31192 4-24-19 10-1-19 1 Art. XXII, 2-153 thru 2-154.1 Amends Ch. 37,       2 Art. III, 37-31 thru 37-38.2 31193 5-8-19   1 Adds 19-38       2 Deletes 19-38 31209 5-22-19   1 Amends 43-139(c)(19)       2 Amends 43-139(d)(8)       3 Amends 43-139(e)       4 Amends 43-139(g)       5 Amends 43-141(b)       6 Amends 43-141(h)(1)       7 Amends 43-141(i)(2) Amends Ch. 24, 31215 5-22-19   1 Art. I, 24-1 thru 24-6.1 31231 6-12-19   1 Amends 18-2       2 Amends 18-4(e)     7-1-20 3 Amends 18-4(f)     7-1-20 4 Adds 18-4(g)     7-1-20 5 Adds 18-4(h)       6 Adds 18-9(c)(11) 31233 6-12-19   1 Amends 15D-15(12)       2 Amends 15D-53(a) 31289 8-28-19   1 Adds 15D-4(18.1)       2 Amends 15D-5(c)       3 Adds 15D-5(e) 31313 9-11-19   1 Amends 43-46       2 Amends 43-67       3 Amends 43-68(a)       4 Amends 43-71       5 Amends 43-78       6 Amends 43-94       7 Amends 43-95       8 Amends 43-135(22) 31332 9-18-19 10-1-19 1 Amends 2-168(b)       2 Amends 6-10       3 Amends 7-2.6(a)       4 Amends 7-2.7(a)       5 Amends 7-4.11(c)       6 Amends 7-5.5(a)       7 Amends 7-5.15(a)       8 Amends 7-6.2(e)       9 Amends 15D-5(b)       10 Adds 15D-5.1(c)       11 Adds 15D-5.2       12 - 17 Amends Ch. 16     [sec. 18 eff. 7/ 18 Amends 1/20] 18-4(h)       19 Amends 18-9(c)(1)       20 Amends 18-9(c)(2)       21 Amends 18-9(c)(5)       22 Amends 18-11(a)(5)       23 Amends 18-11(a)(6)       24 Amends 18-11(b)(2)       25 Amends 18-11(b)(3)       26 Amends 18-11(b)(4)       27 Amends 18-11(b)(5)       28 Amends 18-57       29 Amends 18-62(b)       30 Amends 27-42(e)       31 Amends 43A-3(d)       32 Amends 43A-17(c)       33 Amends 43A-18(b)       34 Adds 44-37.2       35 Amends 48B-8(a)       36 Amends 49-18.1(f)(1)       37 Amends 49-18.1(g)       38 Amends 49-18.1(i)       39 Amends 49-18.2(c)(4)       40 Amends 49-18.2(c)(5)       41 Amends 49-18.2(f)       42 Amends 49-18.4(b)       43 Amends 49-18.4(e)       44 Amends 49-18.4(f)       45 Amends 49-18.5(a)       46 Amends 49-18.5(b)       47 Amends 49-18.11       48 Amends 50-82       49 Amends 50-101       50 Amends 50-116       51 Amends 50-137(a)       52 Amends 50-149(a)(6) 31333 9-18-19 10/1/19 1 Amends 2-37.12       2 Amends 2-105(a) Amends Ch. 2,       3 Art. XVI, 2-136 thru 2-137 Amends Ch. 2,       4 Art. XXVI-a, 2-162.1 thru 2-162.4 31350 10-23-19   1 Amends 8-1       2 Amends 8-6 Amends Ch. 28, 31359 10-23-19   1 Art. XIX, 28-203 thru 28-219 31360 10-23-19   1 Amends 41-1(11)       2 Amends 41-11(b)       3 Amends 41-12(c) 31375 11-13-19   1 Adds 17-1.5(b)(7)(D)       2 Adds 32-10(d)       3 Amends 50-157(14)       4 Adds 50-158(d)       5 Adds 50-160(c)       6 Amends 50-169       7 Adds 50-172(e) 31376 11-13-19   1 Amends 17-10.2(i)(3) 31383 11-13-19   1 Amends 28-41.1       2 Amends 28-41.1.1(e) 31395 12-11-19 1/1/20 1 Amends 13-18       2 Amends 13-28.1       3 Amends 13-28.2       4 Amends 13-28.3       5 Deletes 13-28.4 31396 12-11-19 1/1/20 1 Amends 18-11(b)(2) 31403 12-11-19   1 Amends 9-1       2 Amends 9-6       3 Amends 28-159 31479 3-25-20   1 Amends 28-41.1       2 Amends 28-41.1.1       3 Amends 43-158       4 Amends 43-161(d)       5 Amends 43-168(g)       6 Amends 43-168(o)       7 Amends 43-168(s)       8 Amends 43-168(t)       9 Amends 43-169(a)       10 Amends 43-169(e)       11 Amends 43-169(i)       12 Amends 43-169(l)       13 Amends 43-169(n)       14 Amends 43-169(p)       15 Adds 43-169(r)       16 Adds 43-169(s)       17 Amends 43-170(c)       18 Amends 43-170(d)       19 Amends 43-171       20 Amends 43-172       21 Amends 43-174(b) 31504 4-8-20   1 Amends 8-1.4(a) 31505 4-8-20   1 Amends 8-1.4(a)       2 Adds 8-1.4(i) 31533 5-13-20   1 Amends 2-8       2 Amends 2-9 Amends Ch. 28, 31540 5-27-20   1 Art. XIX, 28-203 thru 28-219.1 31552 6-10-20   1 Amends 28-44       2 Amends 28-50(c)       3 Amends 28-59       4 Amends 28-60(b) 31554 6-10-20   1 Amends 44-35(c) 31556 6-24-20   1 Deletes 5-64(f) 31557 6-24-20   1 Adds 42A-2(25.1)       2 Amends 42A-6(a)       3 Amends 42A-12(j)       4 Adds 42A-12(l) 31620 9-9-20   1 Amends 6A-1(2)       2 Adds 12B-21 31647 9-9-20   1 Amends 12-2 31657 9-23-20 10-1-20 1 Amends 2-168(b)       2 Amends 18-9(c)(1)       3 Amends 18-9(c)(2)       4 Amends 18-11(a)(6)       5 Amends 18-11(b)(2)       6 Amends 18-11(b)(3)       7 Amends 18-11(c)(5)       8 Adds 28-24.2 Adds       9 Ch. 28, Art. XXI, 28-235       10 Amends 32-26       11 Amends 41A-6(b)       12 Amends 43-126.6(a)       13 Amends 43-126.6(d)       14 Amends 49-18.1(c)       15 Amends 49-18.1(f)(1)       16 Amends 49-18.1(g)       17 Amends 49-18.1(i)       18 Amends 49-18.2(c)       19 Amends 49-18.2(f)       20 Amends 49-18.4(b)       21 Amends 49-18.4(e)       22 Amends 49-18.4(f)       23 Amends 49-18.5(a)       24 Amends 49-18.5(b)       25 Amends 49-18.7(a)       26 Amends 49-18.7(b)       27 Amends 49-18.9       28 Amends 49-18.11 Amends Ch. 2, Art. VII- 31658 9-23-20 10-1-20 1 b, 2-75, 2-75.1 Amends Ch. 2, Art. XV-       2 b, 2-135.2, 2-135.3 31689 11-11-20   1 Amends 47A-1.5(19)       2 Amends 47A-1.5(25)       3 Amends 47A-1.6       4 Amends 47A-2.1.2(b)       5 Amends 47A-2.1.8(b)       6 Amends 47A-2.2.1(a)       7 Amends 47A-2.2.4       8 Amends 47A-2.2.7(a)       9 Amends 47A-2.2.8       10 Amends 47A-2.2.9       11 Amends 47A-2.3.1       12 Amends 47A-2.3.2       13 Amends 47A-2.3.3       14 Amends 47A-2.4.7       15 Amends 47A-2.5.2(a)       16 Amends 47A-3.2(b) 31690 11-11-20   1 Amends ch. 5, 5-1 thru 5-64 Amends ch. 45, 31695 11-11-20   1 45-1 thru 45-15 31708 12-9-20   1 Adds 42A-2(13.1)       2 Adds 42A-2(16.1)       3 Adds 42A-2(21.1)       4 Adds 42A-2(21.2)       5 Adds 42A-2(24.1)       6 Adds 42A-2(28)       7 Amends 42A-6       8 Amends 42A-12(j)       9 Amends 42A-12(l) Amends ch. 42A,       10 art. IV, 42A-28.1 thru 42A-28.9       11 Amends 42A-40 31714 12-9-20   1 Amends 28-42.1(a)(2)       2 Amends 28-42.1(b)       3 Adds 28-42.1(f) 31745 1-27-21   1 Amends 34-2(b)       2 Amends 34-2(c)       3 Amends 34-4(5)       4 Amends 34-4(23)       5 Amends 34-4(26)       6 Amends 34-4(35)       7 Adds 34-4(35.1)       8 Adds 34-4(39.1)       9 Amends 34-4(43)       10 Adds 34-4(52.1)       11 Amends 34-5(d)(3)(B)       12 Amends 34-6       13 Amends 34-8(b)       14 Amends 34-9(a)(1)       15 Amends 34-11(a)       16 Amends 34-11(h)       17 Amends 34-13(b)       18 Amends 34-13(c)       19 Amends 34-15(a)       20 Amends 34-18(a)       21 Amends 34-20(a)       22 Adds 34-20(d)       23 Amends 34-21(a)       24 Amends 34-22(i)       25 Adds 34-22(v)       26 Adds 34-22(w)       27 Amends 34-23(d)       28 Amends 34-24(a)       29 Amends 34-24.1       30 Amends 34-27(a)       31 Amends 34-28(b)       32 Amends 34-30(c)       33 Amends 34-32(c)       34 Amends 34-35(a)       35 Amends 34-36(b)(3)       36 Amends 34-36(b)(5)       37 Amends 34-36(b)(7)       38 Amends 34-36(b)(9)       39 Amends 34-36(b)(12)       40 Amends 34-36(b)(16)(B)       41 Amends 34-38(b)       42 Amends 34-38(c)(5)       43 Amends 34-38(c)(15)       44 Amends 34-38(c)(16)       45 Amends 34-38(h)(5)       46 Amends 34-38(i)(1)       47 Amends 34-40(f)(2) Adds ch. 2, art. 31746 1-27-21   1 XXIX, 2-170, 2-171 Amends ch. 50, 31747 1-27-21   1 art. XI, 50-144 thru 50-151.7 31770 2-10-21   1 Amends 28-45(a)       2 Amends 28-50(c) 31841 4-28-21   1 Amends 42A-12(j)       2 Amends 42A-12(l) Amends ch. 2, 31847 4-28-21   1 art. XII, 2-120 thru 2-124 31867 5-26-21   1 Amends 12B-2       2 Amends 12B-3       3 Amends 12B-4       4 Amends 12B-8(d)       5 Amends 12B-14       6 Amends 12B-19(a)(3)       7 Adds 12B-22       8 Adds 12B-23 31872 5-26-21   1 Amends 1-10       2 Retitles ch. 2, art. IV       3 Amends 2-27(15)       4 Amends 2-29       5 Amends 2-30(d)       6 Amends 2-32       7 Amends 2-37.4(g) 31994 9-9-21   1 Amends 12-2       2 Amends 12-11(b)       3 Amends 12-14(b)       4 Amends 12-15 32002 9-22-21   1 Amends 2-26.7(a)       2 Amends 2-26.7(c)       3 Amends ch. 2, art. V         2-41, 2-42       4 Amends 2-49       5 Adds 2-53(8)       6 Amends 2-98       7 Adds 2-139.2(11)       8 Amends 6-4(g)       9 Amends 14-4(c)       10 Amends 41A-6(c)       11 Amends 43-121(c)       12 Amends 43-126.5(d)       13 Amends 43-126.16(5)       14 Amends 49-1(32) 32003 9-22-21 10-1-21 1 Amends 2-168(b)       2 Amends 6A-5       3 Amends 9A-4       4 Amends 13-28.1(b)       5 Amends 13-28.3       6 Amends 14-4(a)       7 Amends ch. 16       8 Amends 17-2.2(c)(6)       9 Amends 17-10.2(d)(2)       10 Amends 17-10.2(e)(1)       11 Amends 17-10.2(f)(4)       12 Amends 17-10.2(g)       13 Amends 17-10.2(h)(2)       14 Amends 17-10.2(h)(3)       15 Amends 17-10.2(i)       16 Amends 17-10.2(l)(1)       17 Amends 17-10.2(s)(1)       18 Amends 18-9(c)(1)       19 Amends 18-9(c)(2)       20 Amends 18-9(c)(3)       21 Amends 18-9(c)(4)       22 Amends 18-9(c)(10)       23 Amends 18-11(a)(5)       24 Amends 18-11(a)(6)       25 Amends 18-11(b)(2)       26 Amends 18-11(b)(3)       27 Amends 18-11(c)(2)       28 Amends 41A-6(a)       29 Amends 49-18.1(c)       30 Amends 49-18.1(f)(1)       31 Amends 49-18.1(g)       32 Amends 49-18.1(i)       33 Amends 49-18.2(c)(1)       34 Amends 49-18.3(b)       35 Amends 49-18.4(b)       36 Amends 49-18.4(e)       37 Amends 49-18.4(f)       38 Amends 49-18.5(a)       39 Amends 49-18.5(b)       40 Amends 49-18.7(a)       41 Amends 49-18.7(b)       42 Amends 49-18.9       43 Amends 49-18.11       44 Amends 49-18.12 32004 9-22-21   1 Amends 34-32(c) 32005 9-22-21   1 Amends 34-25(a)       2 Amends 34-25(c)       3 Amends 34-25(g)       4 Amends 34-25(h) 32017 10-13-21   1 Amends 42A-12(j)       2 Amends 42A-12(l) 32020 10-13-21   1 Amends 24-3(c)(2) 32035 10-27-21   1 Amends 34-4(35)       2 Adds 34-22.2       3 Adds 34-22.3       4 Adds 34-22.4       5 Adds 34-24.2 Amends ch. 27, 32057 12-8-21   1 art. VIII, 27-45 thru 27-58 32058 12-8-21   1 Amends 27-30(d)       2 Amends 27-30(f)       3 Amends 27-30(g)       4 Amends 27-31       5 Amends 27-32       6 Amends 27-38(a)       7 Amends 27-42 32069 12-8-21   1 Amends 28-50(c) Amends ch. 2, 32070 12-8-21   1 art. XXI-a, 2-152.1 thru 2-152.4 Amends ch. 12A, 32072 12-8-21   1 12A-1 thru 12A-62 32125 1-26-22   1 Amends 41A-9       2 Adds 41A-14.3       3 Amends 41A-16(a)       4 Amends 41A-17(a)       5 Amends 41A-20.1 32145 2-23-22   1 Amends ch. 48B (title)       2 Amends 48B-1       3 Amends 48B-2 Amends       4 ch. 48B, art. II (title)       5 Amends 48B-6(a)       6 Amends 48B-7(a)       7 Amends 48B-8(a)       8 Amends 48B-9(a)       9 Amends 48B-10(a)       10 Amends 48B-12(a)       11 Amends 48B-13 Amends       12 ch. 48B, art. III (title)       13 Amends 48B-15       14 Amends 48B-17(a) Adds ch. 48B, art.       15 IV, 48B-18 thru 48B-28 32148 2-23-22   1 Corrects 17-10.2(i)(3) Re-adopts and 32154 2-23-22 3-5-22 1 amends 31-33 32157 3-9-22   1 Amends 20A-2       2 Adds 20A-3(21.1)       3 Amends 20A-8(c)       4 Amends 20A-14(a)       5 Amends 20A-15(a) 32158 3-9-22   1 Amends 34-22.3 32168 4-13-22   1 Amends 8A-40(d) 32180 4-27-22   1 Amends 47A-1.5       2 Amends 47A-1.6(a)       3 Amends 47A-2.1.2(b)       4 Amends 47A-2.4.11       5 Amends 47A-4.6 32181 4-27-22   1 Amends 17-1.5(b)       2 Amends 17-3.2(e)(2)       3 Amends 17-6.2(b)(2) Amends ch. 17,       4 art. VIII, 17-8.1 thru 17-8.2       5 Amends 17-10.2(c)(1)       6 Amends 17-10.2(c)(9)       7 Amends 17-10.2(d)(2)       8 Amends 17-10.2(e)(1)       9 Amends 17-10.2(g)       10 Amends 17-10.2(r)(6)       11 Amends 17-10.2(s)(1)       12 Amends 17-10.2(s)(8) 32194 5-11-22 11-11-22 1 Amends 7-4.2(b)       2 Amends 7-4.5       3 Amends 7-4.10(b)       4 Amends 7-8.1(e) 32195 5-11-22   1 Amends 20A-4.1       2 Amends 20A-5(h) Amends ch. 20A,       3 art. II, 20A-22 thru 20A-34 Amends ch. 2, 32211 5-25-22   1 art. VIII, 2-76 thru 2-80 32213 5-25-22   1 Amends 42A-22       2 Amends 42A-28.2(a)(2) 32232 6-22-22   1 Amends 17-10.2(d)       2 Amends 17-10.2(g)(2)(A) 32235 6-22-22   1 Amends 28-41.1.1 Amends ch. 43, 32236 6-22-22   1 art. X, 43-157 thru 43-175 32239 6-22-22   1 Amends 27-46(3) Adds ch. 38A,       2 38A-1 thru 38A-10 32265 8-10-22   1 Adds 15D-15(9.1) Amends       2 15D-15(29) thru (41)       3 Deletes 15D-15(30)       4 Amends 15D-16       5 Amends 15D-17(b)       6 Amends 15D-21(a)       7 Amends 15D-22(a)       8 Amends 15D-50       9 Amends 15D-52(a)       10 Amends 15D-53       11 Amends 15D-55       12 Amends 15D-56 32291 9-14-22   1 Amends 28-44       2 Amends 28-50(c)       3 Amends 28-60(b)       4 Amends 28-81.1(a) 32310 9-28-22 10-1-22 1 Amends 2-26.2(a)       2 Amends 2-26.2(f)       3 Amends 2-168(b)       4 Amends 5A-8(b)       5 Amends 17-10.2(d)       6 Amends 17-10.2(e)(1)       7 Amends 17-10.2(g)       8 Amends 18-3(a)(3)(F)       9 Amends 18-4(g)(4)       10 Amends 18-9(b)(7)(D)       11 Amends 18-9(c)       12 Amends 18-11(a)(5)       13 Amends 18-11(a)(6)       14 Amends 18-11(b)       15 Amends 20A-34       16 Amends 27-53       17 Amends 49-18.1(c)       18 Amends 49-18.1(f)(1)       19 Amends 49-18.1(g)       20 Amends 49-18.1(i)       21 Amends 49-18.2(c)       22 Amends 49-18.2(f)       23 Amends 49-18.4(b)       24 Amends 49-18.4(e)       25 Amends 49-18.4(f)       26 Amends 49-18.5(a)       27 Amends 49-18.5(b)       28 Amends 49-18.9 32329 10-26-22   1 Amends 27-46(3)       2 Amends 27-53 32330 10-26-22   1 Amends 13-10 32333 10-26-22   1 Adds 28-61.1 32334 10-26-22   1 Amends 18-55       2 Amends 18-56(b)       3 Amends 18-58       4 Amends 18-59       5 Adds 18-61.1       6 Adds 18-61.2       7 Adds 18-61.3       8 Amends 18-62(a)       9 Adds 18-65.1       10 Amends 18-66(a) 32342 11-9-22   1 Amends 34-9(a) 32344 11-9-22   2 Amends 34-25(b) 32362 12-14-22   1 Amends ch. 27, art. V       1 Amends 15D-57(a)       2 Amends 28-4(b) 32363 12-14-22 1-1-23 1 Amends 44-48       2 Amends 44-49(c)       3 Amends 44-50       4 Amends 44-52(b) 32397 2-22-23   1 Amends 8A-4(a)       2 Amends 8A-6(a)       3 Amends 8A-8       4 Amends 8A-9       5 Amends 8A-11(a)       6 Amends 8A-14       7 Adds 8A-16(6)       8 Amends 8A-18       9 Amends 8A-27       10 Adds 8A-40(k)       11 Adds 8A-41 Amends ch. 32, 32407 3-8-23   1 art. IV, 32-32 thru 32-54 32466 5-24-23   1 Amends 2-120(g) 32467 6-14-23   1 Amends 47A-2.3.3(a)       2 Amends 47A-2.4.8(f)       3 Amends 47A-2.4.9(a) 32470 6-14-23   1 Adds 28-2(4.2)       2 Amends 28-2(14)       3 Adds 28-2(18.1)       4 Adds 28-2(20.1)       5 Amends 28-4       6 Amends 28-5.1       7 Amends 28-19       8 Amends 28-76.2       9 Amends 28-81.1(a)       10 Retitles 28-88       11 Adds 28-88(c)       12 Amends 28-129 Amends 32472 6-14-23   1 ch. 12A, 12A-1 thru 12A-64 32473 6-14-23   1 Amends 27-30(g) Adds       2 ch. 42B, 42B-1 thru 42B-16 Adds 32484 6-28-23   1 ch. 2, art. XXX, 2-172 thru 2-174 32485 6-28-23   1 Retitles ch. 42A, art. IV       2 Amends 42A-28.2(a)       3 Amends 42A-28.3(d) 32488 6-28-23   1 Amends 28-44       2 Amends 28-50(c)       3 Amends 28-60(b)       4 Amends 28-114.2(b)       5 Amends 28-193(3) 32556 9-20-23 10-1-23 1 Amends 2-168(b)       2 Amends 7-2.7(a)       3 Amends 7-4.11(c)       4 Amends 7-5.5(a)       5 Amends 7-5.15(a)       6 Amends 8A-8(a)       7 Amends 8A-20(e)       8 Amends 12B-6(c)       9 Amends 12B-13       10 Amends 15D-5(b)       17 Amends 18-9(c)       18 Amends 18-11       19 Amends 18-57       20 Amends 27-31(e)       21 Amends 27-42(d)       22 Amends 27-42(f)       23 Amends 42B-5       24 Amends 43A-18(b)       25 Amends 48B-21       26 Amends 49-18.1(c)       27 Amends 49-18.1(f)(1)       28 Amends 49-18.1(g)       29 Amends 49-18.1(i)       30 Amends 49-18.2(c)       31 Amends 49-18.2(f)       32 Amends 49-18.4(b)       33 Amends 49-18.4(e)       34 Amends 49-18.4(f)       35 Amends 49-18.5(a)       36 Amends 49-18.5(b)       37 Amends 49-18.7(a)       38 Amends 49-18.7(b)       39 Amends 49-18.9       40 Amends 50-82       41 Amends 50-101       42 Amends 50-116       43 Amends 50-137       44 Amends 50-149(a) 32557 9-20-23   1 Amends 2-53 Adds ch. 2, art.       2 XXXI, 2-175 thru 2-177       3 Amends 9B-6       4 Amends 9B-7       5 Amends 13-7       6 Amends 13-8(a)       7 Amends 13-9       8 Amends 13-10       9 Amends 13-11       10 Amends 28-130(a)       11 Amends 28-130.7(e)       12 Amends 28-130.12(a)