(A)
A person
commits an offense if he or she intentionally or knowingly:
(1)
Uses abusive, indecent, profane, or vulgar language in a public place,
and the language by its very utterance tends to incite an immediate
breach of the peace;
(2)
Makes an offensive gesture or display in a public place, and the
gesture or display tends to incite an immediate breach of the peace;
(3)
Creates, by chemical means, a noxious and unreasonable odor in a
public place;
(4)
Abuses or threatens a person in a public place in an obviously offensive
manner;
(5)
Makes unreasonable noise in a public place other than a sport shooting
range, as defined by Tex. Loc. Gov’t Code, § 250.001, or
in or near a private residence that he or she has no right to occupy;
(6)
Fights with another in a public place;
(7)
Enters on the property of another and for a lewd or unlawful purpose
looks into a dwelling on the property through any window or other
opening in the dwelling;
(8)
While on the premises of a hotel or comparable establishment, for
a lewd or unlawful purpose looks into a guest room not his or her
own through a window or other opening in the room;
(9)
Discharges a firearm in a public place other than a public road or
a sport shooting range, as defined by Tex. Loc. Gov’t Code,
§ 250.001;
(10)
Displays a firearm or other deadly weapon in a public place in a
manner calculated to alarm;
(11)
Discharges a firearm on or across a public road; or
(12)
Exposes his or her anus or genitals in a public place and is reckless
about whether another may be present who will be offended or alarmed
by his or her act.
(B)
It
is a defense to prosecution under division (A)(4) that the actor had
significant provocation for his or her abusive or threatening conduct.
(C)
For
purposes of this section, an act is deemed to occur in a public place
or near a private residence if it produces offensive or proscribed
consequences in the public place or near a private residence.
(D)
An
offense under this section is a Class C misdemeanor unless committed
under divisions (A)(9) or (A)(10), in which event it is a Class B
misdemeanor.
(Ordinance 52-5-20-74, passed 5-20-74; Am. Ordinance 430-95-12-06, passed 12-6-95; Am. Ordinance 470-97-10-14, passed 10-14-97; Am. Ordinance 599-00-08-29, passed 8-29-00; Am. Ordinance 906-07-09-11, passed 9-11-07; Am. Ordinance 1012-09-08-25, passed 8-25-09; Am. Ordinance 1207-15-03-10,
passed 3-10-15)
(A)
A person
commits an offense if the person disposes or allows or permits the
disposal of litter or other solid waste at a place that is not an
approved solid waste site, including a place on or within 300 feet
of a public highway, on a right-of-way, on other public or private
property, or into inland or coastal water of the state.
(B)
A person
commits an offense if the person receives litter or other solid waste
for disposal at a place that is not an approved solid waste site,
regardless of whether the litter or other solid waste or the land
on which the litter or other solid waste is disposed is owned or controlled
by the person.
(C)
A person
commits an offense if the person transports litter or other solid
waste to a place that is not an approved solid waste site for disposal
at the site.
(D)
If
it is shown on the trial of the defendant for an offense under this
section that the defendant has previously been convicted of an offense
under this section, the punishment for the offense is increased to
the punishment for the next highest category, if applicable, under
Tex. Health & Safety Code, § 365.012.
(E)
On
conviction for an offense under this section, the court shall provide
to the defendant written notice that a subsequent conviction for an
offense under this section may result in the forfeiture under Tex.
Code of Criminal Procedure, Chapter 59, of the vehicle used by the
defendant in committing the offense.
(F)
The
offenses prescribed by this section include the unauthorized disposal
of litter or other solid waste in a dumpster or similar receptacle.
(G)
This
section does not apply to the disposal of, or temporary storage for
future disposal of, litter or other solid waste by a person on land
owned by that person, or by that person’s agent.
(Ordinance 52-5-20-74, passed 5-20-74; Am. Ordinance 430-95-12-06, passed 12-6-95; Am. Ordinance 470-97-10-14, passed 10-14-97; Am. Ordinance 599-00-08-29, passed 8-29-00; Am. Ordinance 906-07-09-11, passed 9-11-07; Am. Ordinance 1012-09-08-25, passed 8-25-09; Am. Ordinance 1207-15-03-10,
passed 3-10-15)
(A)
Prohibition.
Except as allowed in subsection (D), it is illegal and hereby declared a public nuisance to discharge or allow the discharge of a firearm within the city limits or within 1,000 feet of the city limits in the extraterritorial jurisdiction of the city.
(B)
BB GUN.
FIREARM.
Definitions
A type of firearm, properly marked with a 1/4" long orange
tip, designed to shoot spherical projectiles called BBs. The maximum
allowed diameter of plastic spherical BB projectile is 6 mm (such
as Airsoft guns), the maximum allowed diameter of spherical non-plastic
BBs is 4.3 to 4.4 mm (such as traditional BB guns).
Any device, by whatever name known, designed to expel a projectile
or projectiles by the action of an explosion, expansion of gas or
escape of gas. The term firearm includes but is not limited to rim
fire, center fire, black powder, pellet, BB, air gun, and paintball
guns regardless of the use of compressed air or CO2.
(C)
Authorization.
The police chief or his designee is authorized to enter any
premises when probable cause exists to believe the unlawful discharge
of firearms is occurring and may seize any firearms and ammunition
in order to abate the nuisance.
(D)
Exclusions.
The following actions are not prohibited by this section:
(2)
Discharge of a shotgun, air rifle, air pistol, pellet or BB gun on
a tract of land of 10 acres and:
(3)
(4)
Using any device designed exclusively for the firing of stud cartridges,
explosives rivets, or similar industrial ammunition for construction
purposes;
(5)
Peace officers using a firearm while discharging their official duties;
(6)
Using a firearm to lawfully defend their life, the life of a third
person or property;
(7)
Using a firearm within a commercial shooting range or commercial
paintball course constructed in compliance with city ordinances and
building codes.
(E)
Penalty.
Any person who shall violate any of the provisions of this section
or fail to comply therewith shall be deemed guilty of a class C misdemeanor
and, upon conviction, shall be fined not less than $1.00 nor more
than $500.00. This offense is hereby declared to be a strict liability
offense and the culpable mental state required by Chapter 6.02 of
the Texas Penal Code is hereby specifically negated and clearly dispensed
with. Each day that the violation occurs shall constitute a distinct
and separate offense.
(Ordinance 52-5-20-74, passed 5-20-74; Am. Ordinance 430-95-12-06, passed 12-6-95; Am. Ordinance 470-97-10-14, passed 10-14-97; Am. Ordinance 599-00-08-29, passed 8-29-00; Am. Ordinance 906-07-09-11, passed 9-11-07; Am. Ordinance 1012-09-08-25, passed 8-25-09; Am. Ordinance 1207-15-03-10,
passed 3-10-15)
(A)
Prohibited
Acts.
It shall be unlawful for any person within the
incorporated limits of the city to sell or transfer possession of
any modeling glue, modeling cement or copper, silver, gold, bronze,
brass, or aluminum aerosol paint containing toluol or toluene to any
person under the age of 18 years.
(B)
Record
of Sales Required.
A person making a sale of modeling
glue, modeling cement, or copper, silver, gold, bronze, brass, or
aluminum aerosol paint containing toluol or toluene to a person shall
record the name, address, sex and age of the purchaser. All data required
by this subsection shall be kept in a permanent type register available
for inspection by any employee or officer of the city or county or
any duly authorized law enforcement officer for a period of at least
one year.
(Ordinance 90-77-12-19, passed 12-19-77 Penalty, see § 10.99)
It shall be unlawful for a person to intentionally refuse to
report or to give a false report of his name or residence address:
(A)
To
any peace officer who has requested such information after having
lawfully stopped him or after having placed him under arrest or in
custody; or
(B)
To
any personnel of the Pflugerville Municipal Court in connection with
an official court proceeding.
(Ordinance 231-86-5-27, passed 5-27-86 Penalty, see § 10.99)
(B)
Defense.
It is a defense to a violation of the conduct proscribed in
division (A) above, that the person has written permission of the
owner or of the person entitled to possession of the vehicle or of
the building or structure, to use the vehicle or building or structure
to sleep therein.
(Ordinance 232-86-5-27, passed 5-27-86 Penalty, see § 10.99)
(A)
BUILDING.
CITY PREMISES.
ENTER or ENTRY.
FIREARM.
(1)
(2)
NOTICE.
Definitions.
Has the same meaning as it has in Chapter 30 of the Penal
Code.
A building or real property owned, leased, occupied or controlled
by the city. CITY PREMISES does not include streets or sidewalks owned
or operated by the city or the city-owned firing range.
The intrusion of the entire body.
Means:
A gun, pistol, rifle, or any other device designed, made or
adapted to expel a projectile through a barrel by using energy generated
by an explosion or burning substance or any device readily convertible
to that use; or
An airgun, air pistol, air rifle, or any other device using
air pressure to propel a projectile through a barrel.
The same meaning as it has in Section 30.05 of the Penal
Code.
(B)
Carrying
Firearms.
(1)
Except as provided in this section, a person carrying a firearm,
whether it is concealed or unconcealed, may not enter or remain on
city premises. The city staff is directed to:
(2)
A sign posted as notice under subsection (1)(a) of this division will include a statement, in English and Spanish, reading substantially as follows:
Entry onto these premises while carrying a firearm, whether
it is concealed or unconcealed, is prohibited. Entry onto these premises
while carrying a firearm may subject you to prosecution for Criminal
Trespass under Section 30.05 of the Texas Penal Code.
(3)
This section does not apply to a peace officer or a commissioned
security officer hired by or under contract with the city and acting
within the scope of that employment, or to a peace officer of another
unit of government lawfully acting within the scope of his or her
duties.
(4)
A person may transport, demonstrate and display a firearm for purposes
of show or sale on city premises in connection with an event approved
by the City Council, and subject to such restrictions as the City
Council may require.
(C)
Penalty.
Any person violating any provision of this chapter will be guilty
of a misdemeanor and, upon conviction, will be subject to a fine not
to exceed $2,000. Each day of violation will constitute a separate
offense. This penalty will be cumulative and not exclusive of any
other rights or remedies the city may have.
(Ordinance 447-96-10-08, passed 10-8-96)
(A)
DIRECTOR.
GRAFFITI.
GRAFFITI IMPLEMENT.
MINOR.
PARENT.
PROPERTY OWNER.
Definitions.
The head of the department designated by the City Manager
to enforce and administer this section.
A mark, including, but not limited to, an inscription, slogan,
drawing, painting, symbol, logo, name, character, or figure, made
in any manner on public or private property and visible to the public,
excluding commercial advertising or a mark placed in compliance with
an ordinance, or state or federal law.
Includes, but is not limited to, an aerosol paint container,
regardless of the material from which it is made, a paint stick, graffiti
stick, or indelible marker capable of making a mark greater than one-eighth
(1/8) inch, an etching tool, or other implement made or adapted for
the purpose of spraying or otherwise applying paint, ink or other
pigmented substance that is not water soluble, or for the purpose
of etching or otherwise marking glass, metal, concrete, wood or other
surface.
A person under 17 years of age.
A person who is the natural or adoptive parent or court-appointed
guardian of a Minor, or any other person 21 years of age or older
authorized by a parent, a court-appointed guardian, or a court order
to undertake the care and custody of a Minor.
The owner of record or the person contractually responsible
for a particular property.
(B)
Prohibited
Acts.
(1)
Possession of Graffiti Implements.
(a)
By Minors at or Near School Facilities.
It shall be
unlawful for any Minor to possess a Graffiti Implement while on school
property, grounds, facilities, buildings, or structures, or while
on public property immediately adjacent thereto, or while upon private
property without the consent of the Property Owner.
(b)
In Designated Public Places.
It shall be unlawful for
any person to possess any Graffiti Implement while in or upon any
public facility, park, playground, swimming pool, recreational facility,
or other public building or structure owned or operated by the city,
or while in or upon, or within fifty (50) feet of, an underpass, bridge
abutment, storm drain, or similar type of infrastructure, unless authorized
by the city.
(2)
Furnishing Implements to or Permitting Graffiti by Minors.
(a)
It shall be unlawful for any person to sell, exchange, give, loan
or cause or permit to be exchanged, given, loaned, or otherwise furnish
or cause to be furnished a Graffiti Implement to a Minor.
(b)
It shall be unlawful for a Parent to permit, or by insufficient control
allow, a Minor to apply Graffiti.
(3)
Failure by Offender to Remove Graffiti.
Failure by a
person who has applied Graffiti to cover or remove the Graffiti and
to restore the defaced property to its condition immediately prior
to the offense within twenty-four (24) hours after delivery of notice
by the city shall constitute a violation of this section.
(4)
Failure by Property Owner to Remove Graffiti.
Failure
by a property owner to cover or remove graffiti on the property owner’s
property visible from public property or right-of-way shall constitute
a violation of this section, subject to the following:
(a)
Notice of Graffiti Removal by City.
Prior to any enforcement
efforts by the city, the director shall inform the property owner
that the city will remove the graffiti from the owner’s property
free of charge if the owner provides written consent for the removal
and releases the city, its contractors, and/or volunteer personnel
from liability in the performance of the graffiti abatement by completing
a permission and waiver form. Notice of graffiti removal shall be
delivered by regular and certified mail addressed to the property
owner. If the United States Postal Service returns the notice as “refused”
or “unclaimed,” or the property owner fails to respond
to the city’s request for written permission to remove the graffiti
within ten (10) days of the date such request is mailed, the property
owner will be deemed to have refused the offer.
(b)
Notice to Abate Graffiti.
After notice of graffiti removal
by city and prior to prosecution for an offense under section (B)(4),
the director shall deliver written notice of the offense to the property
owner providing the property owner with thirty (30) days from delivery
of the notice to comply. Such notice may be served by personal delivery
or certified mail, return receipt requested, addressed to the property
owner at the property owner’s address shown on the tax rolls.
Alternatively, if the property owner’s address is unavailable
or the notice is returned as undeliverable, the director may issue
notice by publication two times within ten consecutive days in a newspaper
of general publication in the city, by posting the notice on or near
the front door of each building on the property, or by posting the
notice on a sign staked to the ground on the property if there is
no building on the property.
(c)
The 30-day period begins the day the notice is personally served
on the property owner, or the day after the notice is mailed by certified
mail, or the day after completion of an alternative method of notice
under subsection (b) above, as applicable.
(C)
Defenses.
It is a defense to prosecution under section (B)(4)(b) that:
(1)
The Director failed to serve the required notice;
(2)
During the twelve (12) months prior to a citation, the Property Owner
received notice and removed Graffiti from the property not less than
three times;
(3)
Prior to the filing of the complaint, the Property Owner provided
the Director written authorization to enter the property to cover
or remove the Graffiti at no cost to the Property Owner under a program
approved by the Director;
(4)
The Property Owner has made a good faith effort to remove the Graffiti,
including obtaining an insurance policy; or
(5)
The Director has approved the Property Owner’s request for
authorization to apply the Graffiti.
(D)
Exclusions.
The provisions of section (B) shall not apply to the possession
of felt-tip pens or other similar items by a minor attending or traveling
to or from a school at which the minor is enrolled, if the minor is
participating in a class at the school that formally requires the
possession of the felt-tip pens or other similar items, and shall
not apply to a minor who is accompanied by a parent, or who is in
school or on school grounds during school hours or otherwise in the
course and scope of supervised school-related activities.
(E)
Exceptions.
This section shall not apply to graffiti located on transportation
infrastructure or in cases in which the removal of the graffiti would
create a hazard for the person performing the removal.
(F)
Miscellaneous.
If the director denies a property owner’s request for
authorization to apply graffiti on property, the property owner may
appeal to the city manager.
(G)
Offense,
Penalty.
Any person who shall violate any of the provisions
of this section or fail to comply therewith shall be deemed guilty
of a class C misdemeanor and, upon conviction, shall be fined not
less than $1.00 nor more than $500.00. This offense is hereby declared
to be a strict liability offense and the culpable mental state required
by chapter 6.02 of the Texas Penal Code is hereby specifically negated
and clearly dispensed with. Each day that the violation occurs shall
constitute a distinct and separate offense.
(Ordinance 780-05-04-12, passed 4-12-05; Ordinance 886-07-06-12, passed 6-12-07; Ordinance
1240-16-01-12, passed 1-12-16)
(A)
Finding
and Intent.
(1)
The city council finds that repeat sexual offenders, sexual offenders
who use physical violence and sexual offenders who prey on children
are sexual predators who present an extreme threat to the health,
safety and welfare of children. Sexual offenders are extremely likely
to use physical violence and to repeat their offense and most sexual
offenders commit many offenses, have many more victims than are ever
reported, and are prosecuted for only a fraction of their crimes.
This makes the cost of sexual offender victimization to society at
large, while incalculable, clearly exorbitant.
(2)
It is the intent of this section to serve the city’s compelling
interest to promote, protect and improve the health, safety and welfare
of the citizens of the city by creating areas around locations where
children regularly congregate in concentrated numbers wherein certain
sexual offenders and sexual predators are prohibited from establishing
temporary or permanent residences.
(B)
PERMANENT RESIDENCE
RECURRING VISITOR
TEMPORARY RESIDENCE
Definitions.
The following words, terms and phrases when used in this section,
shall have the meanings ascribed to them in this subsection, except
where the context clearly indicates a different meaning:
shall mean a place where a person abodes, lodges or resides
for 14 or more consecutive days.
shall mean a person who on at least three (3) occasions during
any month spends more than 48 consecutive hours in the city.
shall mean a place where the person abodes, lodges or resides
for a period of 14 or more days in the aggregate during any calendar
year and which is not the person’s permanent address or a place
where the person routinely abodes, resides or lodges for a period
of 4 or more consecutive or nonconsecutive days in any month and which
is not the person’s permanent residence.
(C)
Sex
Offender Residency Prohibition, Penalty, and Exceptions.
(1)
If a person is required by Chapter 62 of the Texas Code of Criminal
Procedure to register with a local law enforcement agency because
of a violation involving a victim who was less than seventeen (17)
years of age, it is unlawful for that person to establish a permanent
residence, establish a temporary residence, or to be a recurring visitor
at a residence, located within 2,000 feet of any premises where children
commonly gather including but not limited to, a school, day-care center,
playground, public or private youth center, public swimming pool or
video arcade facility, as those terms are defined in Sections 341.064
and 481.134 of the Health and Safety Code of the State of Texas and
Section 42.002 of the Human Resources Code of the State of Texas.
For the purposes of this section the city’s hike and bike trail
shall not constitute a place where children commonly gather.
(2)
For the purpose of determining the minimum distance separation, the
requirement shall be measured by following a straight line from the
outer property line of the permanent or temporary residence to the
nearest property line of the premises where children commonly gather,
as described herein, or in the case of multiple residences on one
property, measuring from the nearest wall of the building or structure
occupied or the parking/driveway, whichever is closer to the nearest
property line of the premises where children commonly gather as described
herein.
(3)
In cases of a dispute over measured distances, it shall be incumbent
upon the person(s) challenging the measurement to prove otherwise.
(4)
Nothing in this section shall be interpreted to modify or reduce the state’s child safety ban. A person, as described in subsection (1), residing within 2,000 feet of those places where children commonly gather, as specified herein, does not commit a violation of this section if any of the following apply:
(a)
The person established the permanent or temporary residence and has
complied with all the sex offender registration laws of the state
prior to the date of the adoption of this section;
(b)
The person was a minor when he/she committed the offense and was
not convicted as an adult;
(c)
The person is a minor;
(d)
The premises where children commonly gather, as specified herein,
within 2,000 feet of the person’s permanent or temporary residence
was opened after the person established the permanent or temporary
residence and complied with all sex offender registration laws of
the state; or
(e)
The person proves that the information on the database is incorrect
and that, if corrected, this section would not apply to the person.
(D)
Injunctive
Relief.
Any violation of this section may be enjoined
by a suit filed in the name of the city in a court of competent jurisdiction;
and this remedy shall be in addition to any penal provision in this
section or in this Code of Ordinances.
(E)
Penalty.
Any person who shall intentionally, knowingly, recklessly or
with criminal negligence violate any provision contained in this section
shall be deemed guilty of a misdemeanor and, upon conviction, shall
be fined in an amount not to exceed $2,000.00. Each day of violation
shall constitute a separate offense.
(Ordinance 900-07-08-14, passed 8-14-07)
(A)
Prohibition.
Except as allowed in subsection (C), it is illegal and hereby declared a public nuisance to use or allow the use of a bow or crossbow within the city limits of the City of Pflugerville or within 1,000 feet of the city limits in the extraterritorial jurisdiction of the city.
(B)
Authorization.
The Police Chief or his designee is authorized to enter any
premises when probable cause exist to believe the unlawful use of
a bow or crossbow is occurring and may seize any related contraband
in order to abate the nuisance.
(C)
Exclusions.
The following actions are not prohibited by this section:
(1)
Use of a bow or crossbow on a tract of land of 5 acres or more and
more than 300 feet from a residence or occupied building located on
another property and in a manner not reasonably expected to cause
a projectile to cross the boundary of the tract;
(2)
Use of a bow or crossbow that discharges a projectile that is incapable
of penetrating the skin of a human being;
(3)
Use of a bow or crossbow to lawfully defend their life, the life
of a third person or property;
(4)
Using a bow or crossbow within a commercial or public archery range
constructed in compliance with city ordinances and building codes;
(5)
Using a bow or crossbow with written permission of the City Manager
or designee when such use is for organized youth activities, educational
purposes, amateur or professional sporting events.
(D)
Penalty.
Any person who shall recklessly violate any of the provisions
of this section or fail to comply therewith shall be deemed guilty
of a Class C Misdemeanor and, upon conviction, shall be fined not
less than $1.00 nor more than $500.00.
(Ordinance 1018-09-09-22, passed 9/22/09)
(A)
BUILDING.
DONATION CONTAINER.
PERSON.
RECYCLE BIN.
Definitions.
A commercial building lawfully occupied by a business or
charitable organization pursuant to a valid certificate of occupancy.
Any box, container, trailer or other receptacle that is intended
for use as a collection point for donated clothing, other household
materials or other salvageable personal property; the term does not
include recycle bins or any donation container located within a building.
Includes an individual, sole proprietorship, corporation,
association, nonprofit corporation, partnership, joint venture, limited
liability company, estate, trust, public or private organization that
is not a state agency, business trust, public corporation, or any
other legal or commercial entity.
A receptacle used for the collection of recyclable materials
governed or regulated by the city’s zoning code.
(B)
Donation
Containers Prohibited.
(1)
Donation Containers Prohibited.
It shall be unlawful
for any person to place or maintain, or allow to be placed or maintained,
any donation container within the city’s corporate limits or
in the extraterritorial jurisdiction within 5,000 feet outside the
limits.
(2)
Abatement.
Any donation container located within the
jurisdiction of the city shall be subject to impoundment by the city.
Any donation container impounded by the city shall be released to
the owner the payment of an impound fee of $200.00, and a daily storage
fee of $20.00 for each day in city possession after impound.
(3)
Abandoned Donation Container.
Any impounded donation
container not claimed within 30 days after impoundment may be destroyed
without notice from the city.
(C)
Offense,
Penalty.
Any person who shall violate any of the provisions
of this section or fail to comply therewith shall be deemed guilty
of a class C misdemeanor and, upon conviction, shall be fined not
less than $1.00 nor more than $500.00. Each day that the violation
occurs shall constitute a distinct and separate offense.
(Ordinance 1113-12-06-12, passed 6/12/12)
(A)
A person
commits an offense if, without legal privilege or authority, he/she
intentionally, knowingly, or recklessly:
(1)
Obstructs or injures, or causes to be obstructed or injured in any
manner whatsoever, any public sidewalk, median, curb, shoulder, improved
shoulder, street, highway, roadway or public right-of-way in the city;
provided, however, that the parking of motor vehicles in compliance
with the ordinances of the city shall not be construed to be an obstruction;
or
(2)
Disobeys a reasonable request or order to move the cause of an obstruction
issued by a person the actor knows to be or is informed is a peace
officer, a fireman, or a person with authority to control the use
of the premises:
(B)
For
purposes of this section, “obstruct” means to render impassable
or to render passage unreasonably inconvenient or hazardous and “obstruction”
means the causative effect of such rendering.
(C)
Any
person convicted of violating any of the provisions of this chapter
shall be guilty of a misdemeanor and be subject to a fine not to exceed
five hundred dollars ($500.00) for each offense. Each day of violation
shall be cumulative and the foregoing penalty shall not be exclusive
of any other rights and remedies which the city may have.
(Ordinance 24-69-4-21, passed 4-21-69; Ordinance 1274-16-07-26, passed 7-26-16; Ordinance
1452-20-07-28, passed 7-28-20 Penalty,
see § 10.99)
When a sidewalk, driveway, curb, gutter or appurtenance becomes defective, unsafe or hazardous, it shall be the duty of the owner of the abutting property to reconstruct or repair same however the city is not prohibited from making repairs when deemed necessary. When a sidewalk, driveway, curb, gutter, or appurtenance is found to be defective, unsafe or hazardous, the city engineer, or his/her designee, may notify the owner of the abutting property to reconstruct or repair same. A permit may be required to make the repairs pursuant to chapter 96 right-of-way management of the Code of Ordinances. Any owner who fails to reconstruct or repair such defective, unsafe or hazardous condition within 30 days from the date of the written notice from the city engineer, or his/her designee, to do so shall be guilty of a misdemeanor.
(Ordinance 24-69-4-21, passed 4-21-69; Ordinance 1452-20-07-28, passed 7-28-20; Ordinance
1472-20-12-08, passed 12-8-20)
