(a) Definitions.
Acrobatic flying.
Any intentional airplane maneuver or stunt not necessary
to air navigation, or operation of aircraft in such manner as to endanger
human life or safety by the performance of unusual or dangerous maneuvers.
Aircraft.
Any aeroplane, airplane, gas bag, flying machine, balloon,
glider, and any contrivance now known or hereafter invented, used
or designed for navigation of or flight in the air, except a parachute
or other contrivance used primarily as safety equipment.
(b) Exceptions.
The provisions of this section shall not apply to public aircraft
of the federal government, or of a state, or territory, or of a political
subdivision of a state or territory, or to aircraft licensed by a
foreign country with which the United States has a reciprocal agreement
covering operation of such aircraft.
(c) Compliance
with rules of Federal Aviation Administration.
No person
shall operate any aircraft over or within the city in violation of
any valid air traffic or other rule or regulation established by the
Federal Aviation Administration. Other than to abide by Federal Aviation
Administration regulations or instructions, it shall be unlawful for
any person to operate any aircraft over the city at an altitude of
less than 1,000 feet except while in the act of taking off or landing.
(d) Acrobatic
flying.
Acrobatic flying by any person flying over any
portion of the city is hereby prohibited.
(e) Landing
at other than established airport.
Except in case of
emergency, it shall be unlawful for any person to take off or land
or, being the owner of any aircraft, to permit or authorize the taking
off or landing of any aircraft within the corporate limits of the
city, except upon a regularly established airport or landing place,
without having first obtained a permit as hereinafter provided.
(1) Applicants
for landing any aircraft within the corporate limits of the city under
this article shall make a sworn application to the city upon forms
to be furnished by the billing and collection office of the city at
least 5 days prior to the landing event. Each application shall give
the following information:
(A) Full name and all information contained on the driver’s license
of the applicant and each pilot working under the permit;
(B) Permanent home address and present local address of the applicant;
(C) Name and home office address of the applicant’s employer;
(D) A site plan showing the proposed landing site, including:
(i) Any proposed security measures to keep the takeoff and/or landing
site secure during aircraft operations;
(ii)
Emergency landing sites in the area in the event of a complete
power failure at the permitted site;
(iii)
Ingress and egress to the site;
(E) Written permission of the owner of the property to land an aircraft
on the proposed site;
(F) Proposed dates and times for landing at the proposed site;
(G) A copy of the applicant’s driver’s license or other identification
card;
(H) Name of property owner and address of the property where the landing
will occur;
(I) Copy of applicant’s and/or applicant’s employees’
pilot’s licenses;
(J) Description, make, model of the aircraft to be used when landing
at the proposed site;
(K) Written description of the purpose for landing at the proposed site;
and
(L) Any waivers or notices required by Federal Aviation Regulations to
be issued by or given to the FAA.
(2) Each
application shall be accompanied with payment of a processing fee
of twenty-five dollars ($25.00). There shall also be charged a fee
of fifty dollars ($50.00) for any required investigation of the proposed
site location by the city police department. These fees shall be applied
to the expenses incurred in processing the application and enforcing
this article.
(3) Each
application or a copy thereof shall be referred to the city police
department for investigation and approval of the proposed landing
site.
(4) Any
application for landing an aircraft inside the corporate limits of
the city may be denied or such permit may be revoked for any of the
following reasons:
(A) Any misrepresentation or false statement contained in the application
for the permit;
(B) A violation of any of the provisions of this article;
(C) The proposed landing would not comply with federal or state law or
city ordinance or would endanger persons or property;
(D) The landing blocks streets, rights-of-way, access or driveways;
(5) Upon
the denial or revocation of an aircraft landing permit, the city’s
police chief shall notify in writing the applicant or permittee of
the reason for such denial or revocation.
(6) Each
aircraft landing permit issued under the authority of this article
shall be valid for the period of anticipated use of the applicant,
but not to exceed ninety (90) days from the date it is issued, or
until revoked under the provisions of this article.
(7) Every
pilot who has secured a permit under the authority of this article
shall keep a copy of any permit upon the aircraft at all times and
shall display the same upon the request of any city official or policeman.
(8) The
permits issued under the authority of this article shall not be transferable
or assignable.
(9) It
shall be unlawful for any person other than the person to whom the
permit was issued to display or otherwise use any aircraft landing
permit.
(10) Upon the submission of prior written permission of the property owner
to the police chief, but without obtaining a permit, a person may
also land an aircraft upon the following approved landing zones:
City of Odessa - at any site so designated and approved by the
city manager and the police chief.
ECISD - at any campus site so designated and approved by the
superintendent of the school district and the police chief.
Odessa College - at any campus site so designated and approved
by the president of the college and the police chief.
UTPB - at any campus site so designated and approved by the
president of the university and the police chief.
Ector County - on any Ector County property located within city
limits so designated and approved by the county judge and the police
chief.
(f) Unnecessary
noise.
Unnecessary noise by operators of aircraft within
or over the corporate limits of the city is hereby prohibited.
(g) Dropping
objects from aircraft.
No person in any aircraft shall
cause or permit to be thrown out, discharged or dropped within the
corporate limits of the city any object or thing, except loose water
or loose sand ballast when absolutely essential to the safety of the
occupants of the aircraft.
(h) Distribution
of circulars, handbills, etc.; loudspeaking devices.
No person shall distribute circulars, handbills or advertising material
of any nature whatsoever from nor operate a loudspeaking device from
any aircraft flying within or over the corporate limits of the city.
(i) Penalty.
Any person, firm or corporation violating any provision of this
section shall be guilty of a misdemeanor, and upon conviction thereof
shall be fined in a sum not to exceed two thousand dollars ($2,000.00).
(Ordinance 64-44, secs. 1–9,
adopted 8/11/64; Ordinance
69-41, sec. 2, adopted 5/27/69; 1957 Code, sec. 10-1; Ordinance
2010-16, sec. 1, adopted 5/25/10)
(a) Definitions.
Slingshot.
A forked stick or forked piece of wood, plastic, or other
hard material with a rubber band or other type of elastic material
capable of shooting, discharging, or catapulting hard objects.
(b) Shooting
BB gun or air gun.
It shall be unlawful for any person
to shoot or in any manner whatsoever discharge any kind, brand, or
type of pellet gun, air gun, air pistol, or BB gun within the corporate
limits of the city.
(c) Shooting
paintball gun.
It shall be unlawful for any person to shoot or in any manner whatsoever discharge a paintball gun within the corporate limits of the city so that the paint discharged travels on, along or across any public street, sidewalk, alley or other public property or on, along or across any private property which is not owned or controlled by the person or his immediate family who discharged such paintball gun, except as provided by subsection
(h) below.
(d) Shooting
slingshot.
It shall be unlawful for any person to shoot
a slingshot, or catapult or discharge therefrom any object, within
the corporate limits of the city.
(e) Parental
responsibility.
It shall be unlawful for any parent,
legal guardian or other person having legal custody or control of
any child under the age of eighteen (18) years to permit such child
to shoot or otherwise discharge any kind, brand, or type of pellet
gun, air gun, air pistol, slingshot, BB gun or paintball gun except
as otherwise provided herein within the corporate limits of the city.
A violation of any portion of this section by any child under the
age of eighteen (18) years shall be prima facie evidence of the guilt
of the parent, legal guardian, or other person having legal custody
of any such child.
(f) It shall
be unlawful for any person other than a person licensed to carry a
handgun under subchapter H, chapter 411, Government Code, to possess
or bring into a public park any pellet gun, air gun, air pistol, paintball
gun, BB gun or slingshot. It shall be an affirmative defense to any
charge that written permission was provided by the director or parks
and recreation for a special event.
(g) It shall
be unlawful for any person to possess or bring into a public park
a slingshot. It shall be an affirmative defense to any charge that
written permission was provided by the director of parks and recreation
for a special event.
(h) Exceptions.
The provisions of this section shall not apply to:
(1) The
discharge of a pellet gun, air gun, air pistol, paintball gun or BB
gun by a person under the supervision of an accredited educational
program utilizing an accredited, entirely enclosed facility;
(2) The
discharge of a firearm in a regularly established and properly supervised
shooting range or gallery or other location properly registered in
accordance with this code;
(3) The
discharge of a paintball gun on a supervised paintball course. Paintball
courses shall occupy at least three acres of land and the owner thereof
shall take all necessary precautions to make the operation of the
course safe and in no way or manner of operation a danger to persons
on the street or public places within the city. The course shall be
established and used in accordance with this code or any other ordinances
of the city governing the operation of such establishment; provided,
that the paintball gun is reasonably aimed at or intended to strike
a target or other object provided for that purpose of the use and
enjoyment of the paintball course. Nothing contained in these exceptions
shall permit the discharging of a paintball gun whereby the projectile
passes over or falls on the land of another or public right-of-way;
(4) The
discharge of a paintball gun on private property owned or controlled
by the person shooting is allowed as long as the discharge is no closer
than 150 feet from any structure, except that of the owner, used for
human habitation.
(i) Penalty.
Any person violating any of the provisions of this section shall,
upon conviction, be fined in any sum of money not less than one dollar
($1.00) nor more than five hundred dollars ($500.00).
(Ordinance 64-47, secs. 1–6,
adopted 8/25/64; Ordinance
69-41, sec. 2, adopted 5/27/69; Ordinance 87-62, sec. 1, adopted 10/14/87; 1957 Code, sec. 10-4; Ordinance 2009-49, sec. 1, adopted 12/8/09; Ordinance 2012-38 adopted 7/10/12; Ordinance
2017-39 adopted 8/8/17)
(a) A person
commits an offense by discharging a firearm, rifle, shotgun, automatic
rifle, revolver, pistol, or other weapon designed for the purpose
of firing or discharging a shell or cartridge, whether blank or live
ammunition, within the corporate limits of the city.
(b) Subsection
(a) of this section does not apply to the following persons:
(1) In
the actual discharge of official duties as a member of the armed forces
or National Guard or a guard employed by a penal institution;
(2) On
his own premises or premises under his control and necessary for self-defense
or justifiable homicide;
(3) An
employee or agent of the owner of the premises with primary responsibility
to act in the capacity of a private security guard to protect persons
or property, and who holds a security officer commission issued by
the state private security bureau, if he is engaged in the performance
of his duties as a security officer and is wearing a distinctive uniform
and the weapon is in plain view;
(4) Who
is a peace officer in the discharge of official duties.
(c) Subsection
(a) of this section does not apply if blank ammunition is used on government property and the person obtains prior approval from the governmental entity that owns or controls the property and the purpose of the discharge is for a show, symphony, musical, theatrical production, ceremony, athletics, sports or military purpose.
(d) Subsection
(a) of this section does not apply if the person obtains prior approval from the city council and the granting of such permission would not conflict with any other laws or regulations, meet all reasonable safety requirements and not be considered an unreasonable disturbance.
(1950 Code, Ch. 17, sec. 4; Ordinance 69-41, sec. 2, adopted 5/27/69; Ordinance 85-78, sec. 1, adopted 9/10/85; 1957 Code, sec. 10-8)
It shall be unlawful for any person to entice, lure, persuade,
invite or induce or attempt to entice, lure, persuade, invite or induce
any child under the age of sixteen (16) years to enter any vehicle
without the consent of a parent or guardian of said child. Any person
found guilty of violating this section shall be fined a sum of not
to exceed two hundred dollars ($200.00).
(Ordinance 68-24, sec. 1, adopted 4/23/68; Ordinance 69-41, sec. 2, adopted 5/27/69; 1957
Code, sec. 10-6)
(a) A person
commits an offense if he or she 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 passersby 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. The fact that a person
is a known prostitute or panderer is not sufficient standing alone
without other conduct to establish a basis for conviction under this
section.
(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.
(Ordinance 84-100, sec. 1, adopted 9/25/84; 1957 Code, sec. 10-11)
It shall be unlawful for any person to knowingly and intentionally
enter any public restroom designated for the exclusive use of the
sex opposite to his or her own without permission of the owner, tenant,
manager, lessee or other person in charge of the premises.
(Ordinance 89-81, sec. 1, adopted 10/24/89; 1957 Code, sec. 10-16)
(a) Intent.
(1) It
is the intent of this section to protect and preserve the health,
safety, welfare, and morals of the citizens of the city by prohibiting
a person from intentionally or recklessly appearing or being nude,
or causing another person to appear or be nude, in a public place
and in other places which may reasonably be expected to be observed
by the public within the city limits, except when such person appears
nude in a place provided or set apart for nudity, provided such person
is nude for the sole purpose of performing the legal function that
is customarily intended to be performed within such place provided
or set apart for nudity and such person is not nude for the purpose
of obtaining money or other financial gain for such person or for
another person or entity.
(2) It
is the city council’s further intention to accomplish those
intents and purposes expressed by the city council in the preamble
provisions of the ordinance codified in this section, each of which
are incorporated by reference herein.
(b) Definitions.
The following terms, when used in this section, shall have the
following meanings:
Entity.
Any proprietorship, partnership, corporation, association,
business trust, joint venture, joint-stock company or other for-profit
and/or not-for-profit organization.
Person.
Any live human being aged ten (10) years of age or older.
Places provided or set apart for nudity.
Enclosed single-sex public restrooms, enclosed single-sex
functional shower, locker and/or dressing room facilities, enclosed
motel rooms and hotel rooms designed and intended for sleeping accommodations,
doctor’s offices, portions of hospitals, and similar places
in which nudity or exposure is necessarily and customarily expected
outside of the home and the sphere of privacy constitutionally protected
therein. This term shall not be deemed to include places where a person’s
conduct of being nude is used for his or her profit or where being
nude is used for his or her profit or where being nude is used for
the promotion of business or is otherwise commercially exploited.
Public place.
Any location frequented by the public, or where the public
is present or likely to be present, or where a person may reasonably
be expected to be observed by members of the public. Public places
include, but are not limited to, streets, sidewalks, parks, benches,
business and commercial establishments (whether for profit or not
for profit and whether open to the public at-large or where entrance
is limited by a cover charge or membership requirement), bottle clubs,
hotels, motels, restaurants, nightclubs, country clubs, cabarets,
and meeting facilities utilized by any religious, social, fraternal
or similar organization. Premises, or portions thereof such as hotel
rooms, used solely as a private residence, whether permanent or temporary
in nature, shall not be deemed to be a public place.
State of nudity.
Any person clothed in any manner so that any of the following
body parts are not entirely covered with a fully opaque covering:
(1)
Male or female pubic area or pubic hair; or
(2)
The nipple or the areola (the darker colored area of the breast
surrounding the nipple) of the human female mammary gland.
Body paint, body dyes, tattoos, liquid latex, whether wet
or dry, and similar substances shall not be considered opaque covering.
(c) Offenses.
It shall be unlawful, and an act of public indecency, for any person to knowingly, intentionally, or recklessly appear, or cause another person to appear, in the state of nudity, as defined in this section, in a public place or in any other place which is readily visible to the public, except as provided in subsection
(d). It shall also be unlawful, and an act of public indecency, for any person or entity maintaining, owning, or operating any public place or establishment to knowingly, or with reason to know, encourage, suffer or allow any person to appear in a state of nudity in such public place, except as provided in subsection
(d).
(d) Exemptions.
The prohibitions of subsection
(c) of this section shall not apply:
(1) When
a person appears nude in a place provided or set apart for nudity,
provided such person is nude for the sole purpose of performing the
legal function that is customarily intended to be performed within
such place provided or set apart for nudity, and such person is not
nude for the purpose of obtaining money or other financial gain for
such person or for another person or entity.
(2) When
the act of being nude occurred in a modeling class operated:
(A) By a proprietary school licensed by the state or a college, junior
college, or university supported entirely or partly by taxation; or
(B) By a private college or university which maintains and operates educational
programs in which credits are transferable to a college, junior college,
or university supported entirely or partly by taxation.
(3) Notwithstanding
any other provision of this section, a mother may breastfeed her baby
in any location, public or private, where the mother is otherwise
authorized to be, irrespective of whether the nipple or areola of
the mother’s breast is uncovered during or incidental to the
breast feeding.
(4) This
section shall not apply to photographs, movies, video presentations,
or any other non-live performances.
(e) Any
person violating the provisions of this section shall be deemed guilty
of a class C misdemeanor and shall be punished by a fine not exceeding
five hundred dollars ($500.00).
(f) With
regard to other portions of the anatomy that should be covered in
public such as the male or female anus or genitals, the city shall
enforce existing state laws, including Texas Penal Code, sections
42.01(10) and 21.08, and Texas Alcoholic Beverage Code, section 104.01.
(Ordinance 69-67, sec. 1, adopted 10/21/69; Ordinance 96-46, sec. 1, adopted 7/23/96; 1957
Code, sec. 10-20)
It shall be unlawful for any person to mutilate, deface or injure
any public building, fence, or fountain or any kind of public property
in the city owned or controlled by the city.
(1950 Code, Ch. 17, sec. 23; Ordinance 69-41, sec. 2, adopted 5/27/69; 1957 Code, sec. 10-12)
(a) It shall
be unlawful for any person, firm, partnership, corporation, or organization
or any candidate for public office to place, tack, nail, paste or
attach in any manner a circular, placard, picture, paper, or any advertising
matter or sign of any kind, or any announcement for public office,
or cause or allow the same to be placed or to remain, upon any telephone
pole or electric light pole or any other pole located within the city
limits.
(b) Any person, firm, partnership, corporation or organization or any candidate who shall violate the provisions of this section shall be guilty of a misdemeanor, and upon conviction shall be punished according to the general penalty set out in section
1-1-9. Each person in a joint violation may be separately fined the maximum for each separate offense under this section, and each day that such violation continues shall constitute a separate offense and be punishable as such.
(Ordinance 59-69, sec. 1, adopted 6/9/59; Ordinance 69-41, sec. 2, adopted 5/27/69; 1957
Code, sec. 10-13)
It shall be unlawful for any person to trespass upon or enter
into or upon any of the property owned or controlled by the city without
the consent of the city or some authorized officer, agentor employee
of the city; provided that the word “property” as herein
used shall not be construed to mean any public highway, street, park
or public place in the city.
(1950 Code, Ch. 17, sec. 25; Ordinance 69-41, sec. 2, adopted 5/27/69; 1957 Code, sec. 10-17)
Any person, firm or corporation purchasing vehicle hubcaps,
mirrors, fenders, skirts, ornaments, tires, or other parts or vehicle
accessories from individuals not engaged in the lawful business of
selling auto parts and equipment shall make daily reports of all such
purchases to the chief of police before the hour of 10:00 a.m., except
on Sunday, giving the name, age and address of the seller and any
proof of ownership furnished to the purchaser by the seller. Any person,
firm, or corporation failing to so report such purchases shall be
guilty of a misdemeanor.
(Ordinance 58-104, sec. 1, adopted 9/23/58; Ordinance 69-41, sec. 2, adopted 5/27/69; 1957
Code, sec. 10-19)
Whosoever shall possess, except for prosecution evidence purposes,
any document, record, list or paper of any kind or character which
is used or intended for use for recording or documenting the making
of any bet or wager of money or anything of value on any athletic
contest or competitive event of whatever kind or character shall be
guilty of a misdemeanor. For purposes of this section, “possess”
shall mean to have any such record or document on or about the person
or in any vehicle, premises, house or structure under the control
of or occupied by such person, whether such person is the owner thereof
or not. This section does not make it unlawful to possess commercially
produced newspapers, schedules or lists which have not been altered
from original form for use as bookmaking records by the addition thereto
of wagering information or notations.
(Ordinance 73-33, sec. 1, adopted 3/13/73; 1957 Code, sec. 10-21)
(a) No
person shall inhale, smell, breathe or otherwise ingest any glue,
cement, paint, spray paint, paint thinner, brush cleaner, lacquer,
commercial solvent or other similar substance or the vapor thereof,
which substance contains one or more volatile solvents of one of the
following generic types, with the intent of becoming elated, dazed,
paralyzed, or irrational, to in any manner change or distort his eyesight,
thinking process, judgment, balance, or coordination, to dull the
brain or nervous system or to otherwise come under the influence of
same:
(1) Alcohols (such as isopropyl alcohol or ethyl alcohol).
(2) Aromatics (such as benzene or toluene).
(4) Epoxides (such as ethylene oxide).
(5) Esters (such as amyl acetate, ethyl acetate, isopropyl acetate, or
methyl “cellosolve” acetate).
(6) Ethers (such as tetrahydrofuran).
(7) Halogenated hydrocarbons (such as carbon tetrachloride or chloroform).
(9) Ketones (such as acetone or cyclohexanone).
(10) Nitriles (such as acetonitrile).
(b) The provisions of subsection
(a) above shall not apply to any person who inhales, breathes, smells or otherwise ingests such substance pursuant to the direction or prescription of any doctor, physician, surgeon, dentist or other person legally authorized to so direct or prescribe the use of such substance.
(c) No person shall possess any glue, cement, paint, spray paint, paint thinner, brush cleaner, lacquer, commercial solvent or other similar substance containing one or more of the volatile solvents of one of the generic types set out in subsection
(a) above for a purpose which violates subsection
(a) above.
(d) The
provisions of this section shall not pertain to any person who inhales,
breathes, drinks or otherwise in any manner uses intoxicating liquor
as defined by the Texas Alcoholic Beverage Code, nor shall the provisions
of this section apply to any persons who inhale, breathe, drink or
otherwise in any manner use any narcotic, dangerous drug or other
material or substance or combination thereof, which material or substance
or combination thereof is defined by and the use of which is prohibited
or regulated by any penal law of the state.
(e) Any
person violating the provisions of this section shall be guilty of
a misdemeanor and upon conviction shall be punished by a fine not
to exceed two hundred dollars ($200.00), provided any such person
under the age of seventeen (17) years shall be proceeded against in
accordance with the provisions of title 3 of the Texas Family Code.
(Ordinance 74-54, sec. 1, adopted 7/9/74; 1957 Code, sec. 10-22)
Whenever any person or other legal entity is engaged in the
business of organizing or assisting in the provision of funeral procession
or escort services and collects directly or indirectly the police
department funeral escort fee from others, or includes such fee or
expense in their charges, such person shall be required to provide
to the person ultimately paying the fee a written notice explaining
the police department policies relating to such escort fees. Such
written notice shall be provided by the police department to the person,
or an employee of the entity, who is collecting the fee. Failure of
that person to provide such notice to the ultimate payor shall be
a misdemeanor offense.
(Ordinance 97-51, sec. 2, adopted 12/9/97; 1957 Code, sec. 10-35)
It shall be unlawful to discharge, dispose, deposit, inject, dump, spill, place, allow to seep or leak, or allow to remain on any city street, alley or other right-of-way, utility easement or drainage easement in the city any pollutant, sewage, or wastewater, as defined by section
13-2-104, or any liquid, semiliquid or solid waste containing cement, concrete, building materials, oil, or chemicals. This prohibition shall not apply to runoff from carwashes unless such carwash runoff is from a facility that is required to have an interceptor or separator installed pursuant to the plumbing code, in which event the prohibition shall apply.
(Ordinance 95-11, sec. 1, adopted 1/24/95; 1957 Code, sec. 16-1; Ordinance 2022-13 adopted 5/24/22)
It shall be unlawful to establish, keep or maintain upon any
sidewalk, street or public thoroughfare, within the corporate limits
of the city, any booth, stand, stall, tent, vehicle, pushcart or device
of any kind or character whatsoever which is used as a means, repository
or receptacle for carrying on or pursuing the business of vending
or selling notions, fruits, vegetables, produce, popcorn, candies,
peanuts, confections, edibles or any other like or unlike kind or
character of property, goods, wares or merchandise of any description
whatsoever, whether herein specifically enumerated or not, or to operate
any kind or character of business whatsoever; provided, however, the
provisions of this section are not intended to apply to persons who
are otherwise permitted pursuant to the city code or authorized by
contract with the city.
(1950 Code, ch. 22 sec. 6; Ordinance 96-33, sec. 1, adopted 4/23/96; 1957 Code, sec. 16-5)
It shall be unlawful for any person to place upon or display
any goods, wares or merchandise of any kind or character whatsoever
on, over or upon any street or sidewalk in the city unless otherwise
approved by permit pursuant to the city code or authorized by contract
with the city.
(1950 Code, ch. 22 sec. 7; Ordinance 96-33, sec. 1, adopted 4/23/96; 1957 Code, sec. 16-6)
It shall be unlawful for any person while upon any public street
or sidewalk in the city, or while in any doorway, stairway, window
or opening of any kind abutting thereon or adjacent to such street
or sidewalk, to solicit trade or patronage for any hotel, rooming
house, eating house, store or mercantile establishment, theater or
motion picture theater, shine parlor or other business of any kind
or character whatsoever, or to molest or seek or attempt to molest
persons on such streets or sidewalks by such solicitation.
(1950 Code, ch. 22 sec. 8; 1957
Code, sec. 16-7)
It shall be unlawful for any person to haul oil upon any of
the paved streets of the city in any vehicle which has a faucet for
drawing the oil from such vehicle, unless there is provided for such
faucet a good and sufficient drip pan to keep any and all oil that
may drip from the faucet in such manner that the same cannot and will
not be dripped or spilled from the drip pan upon any of the paved
streets of the city.
(1950 Code, ch. 22 sec. 10; 1957
Code, sec. 16-8)
It shall be unlawful for any owner, driver or person in charge
of or in possession of or in control of any wagon, truck, automobile
or other vehicle to cause, allow or permit trash, rocks, dirt, garbage,
debris or other substance to be dropped or to fall from such wagon,
truck, automobile or other vehicle upon any street, alley or other
public way within the corporate limits of the city; provided the provisions
of this section shall not apply to work done on any street, alley
or other public way by or under the direction of the city.
(1950 Code, ch. 22 sec. 11; 1957
Code, sec. 16-9)
It shall be unlawful for any person to skate on roller skates
upon any sidewalks of the city, the word “skate” being
used in its common and ordinary acceptance, provided the sidewalk
upon which the skating is done shall have placed adjoining thereto
a sign bearing upon the same the words “No Skating,” which
sign may be so placed or erected by an abutting property owner.
(1950 Code, ch. 22 sec. 12; 1957
Code, sec. 16-10)
(a) Prohibited.
All persons are hereby prohibited from riding or driving upon,
across or over any part of any street or alley in the city while such
part of such street or alley is being paved, surfaced, excavated or
repaired. Any person who shall violate the provisions of this subsection
shall be guilty of a misdemeanor.
(b) Posting
of notices.
The city engineer shall procure and keep on hand notice boards, upon which he shall cause to be painted, in black letters not less than four (4) inches high, on a white background, the words “Closed to Travel,” and whenever any part of any street or alley in the city is being paved, surfaced, excavated or repaired, the city engineer, at his discretion, may cause one (1) or more of such boards to be set up and placed at or near the work, in such position as to be visible to persons traveling along the street or alley toward the work. It shall be a good defense to any action or complaint brought under subsection
(a) of this section if it shall appear from the evidence adduced at the trial that notice boards were not set up or placed at or near that portion of the street or alley upon or over which the defendant is charged with riding or driving.
(1950 Code, ch. 22 sec. 13; 1950
Code, ch. 22 sec. 14; 1957 Code, secs. 16-11, 16-12)
It shall be unlawful for any person to build any fire or place
any other hot substance upon any paved street, alley, sidewalk or
thoroughfare within the corporate limits of the city or in any other
manner to injure or deface any such paved streets, alleys, sidewalks
or other thoroughfares, or any portion thereof. The term “paved
streets, alleys, sidewalks or other thoroughfares” is to be
construed to include any street, alley, sidewalk or other thoroughfare
the surface of which is paved or covered with brick, asphalt, bitulithic,
petulithic or any other pavement of any name or character.
(1950 Code, ch. 22 sec. 15; 1957
Code, sec. 16-13)
It shall be unlawful for any person to ride, drive, run, propel
or direct any traction engine, the surface of whose wheels have cogs
on them or are otherwise rough or uneven, or other vehicles with lugs,
cleats or cogs, on, along or across any paved street within the corporate
limits of the city, unless the surface of the wheels of such traction
engine are so protected and covered as to avoid actual contact with
or injury to the surface of any such paved street.
(1950 Code, ch. 22 sec. 16; 1957
Code, sec. 16-14)
In the city, no person shall attempt to extort, forcibly solicit
or use any means of intimidation or compulsion:
(1) To
obtain donations of money, property or financial assistance of any
kind; or
(2) To
sell or offer to sell any article, ticket, token, emblem, service,
publication, advertisement, subscription or anything of value.
(Ordinance 2009-42, sec. 1, adopted 11/10/09)
(a) Definitions.
For the purpose of this section the following words shall have
the meaning herein described to them:
Consumption or consume.
The ingesting, inhalation, injection, dermal absorption,
nasal insufflation, or other means of introducing into the body a
substance, whether in its original form or the smoke, vapor, or other
form derived from that original product.
Illegal smoking material.
(1)
Any substance, however marketed, which can reasonably be converted
for smoking purposes whether it is presented as incense, tobacco,
herbs, potpourri, spices, teas, bath salts or any other substance
or blend of substances thereof including, but not limited to, any
of the following chemicals or comparable chemicals:
(A)
Salvia divinorum or salvinorium A; all parts of the plant presently
classified botanically as salvia divinorum, whether growing or not,
the seeds thereof, any extract from any part of such plant, and every
compound, manufacture, salts, derivative, mixture or preparation of
such plant, its seeds or extracts;
(B)
Datura stramonium; all parts of the plant presently classified
botanically as datura stramonium, whether growing or not, the seeds
thereof, any extract from any part of such plant, and every compound,
manufacture, salts, derivative, mixture or preparation of such plant,
its seeds or extracts;
(C)
2-[(1R, 3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl) phenol
(also known as CP47, 497) and homologues;
(D)
(6aS, 10aS)-9-(hydroxymethyl)-6, 6-dimethyl-3-(2-methyloctan-2-yl)-6a,
7, 10, 10a-tetrahydrobenzo [c] chromen-1-ol (also known as HU-211
or Dexanabinol);
(E)
1-pentyl-3-(1-naphthoyl) indole (also known as JWH-018);
(F)
1-butyl-3-(1-naphthoyl) indole (also known as JWH-073); or
(G)
1-pentyl-3-(4-methoxynaphthoyl) indole (also known as JWH-081).
(2)
Products containing some or all of the above substances are
currently being marketed under the following commercial names: “K-2,”
“K-2 SUMMIT,” “K-2 SEX,” “GENIE,”
“DASCENTS,” “ZOHAI:, “SAGE,” “SPICE,”
“KO KNOCK-OUT 2,” “SPICE GOLD,” “SPICE
DIAMOND,” “YUCATAN FIRE,” “SOLAR FLARE,”
“PEP SPICE,” “FIRE N’ ICE,” “SALVIA
DIVINORUM,” “JIMSON WEED,” “GYPSUM WEED,”
“DEVIL’S TRUMPET,” “DEVIL’S WEED,”
“THORN APPLE,” “TOLGUACHA,” “JAMESTOWN
WEED,” “STINKWEED,” “LOCOWEED,” “DATURA,”
“PRICKLYBURR,” “DEVIL’S CUCUMBER,” “HELL’S
BELLS,” “MOONFLOWER,” “SCOOBY’S SNAX,”
“SHAGGY’S MIX,” AND “ANGRY BIRDS.”
(3)
Any material containing any of the botanical or chemical compounds
set forth above shall be subject to the provisions of this section,
regardless of whether they are marketed under these or other names.
Misbranded drug.
Any drug identified as such by the Food and Drug Administration
or the Controlled Substances Act for which:
(1)
The label is in any way false or misleading;
(2)
The label does not bear the name and place of business of the
manufacturer, repackager, or distributor of the finished form of the
drug;
(3)
The label does not bear adequate directions for use; or
(4)
The label does not bear adequate warnings against use.
Person.
An individual, a group of two or more individuals, proprietorship,
corporation, partnership, wholesaler, association or other legal entity,
or any licensed or unlicensed business.
(b) Sale,
delivery, offer or gift.
(1) It shall be unlawful for any person to sell, offer to sell, publicly
display, barter, deliver or give any illegal smoking material to any
person, or to own a property where such activity occurs.
(2) It shall be unlawful for any person to sell, offer to sell, publicly
display, barter, deliver, or give any misbranded drug to any person,
or to own a property where such activity occurs.
(3) In determining whether a product is prohibited by this section, statements
on package labeling such as “not for human consumption”
may be disregarded when other relevant factors (viewed alone or in
totality) indicate that the product is intended to be consumed or
ingested by humans, or is a product regulated by this chapter. Other
relevant factors that may be used to determine whether a product or
sale is prohibited by this chapter include, but are not limited to:
verbal or written representations at the point of sale regarding the
purpose, methods, use, or effect of the product; aspects of the packaging
or labeling suggesting that through consumption of the product the
user will achieve a “high,” euphoria, intoxication, relaxation,
mood enhancement, or that the product has other effects on the body;
the cost of the product is disproportionately higher than other products
marketed for the same use; the product is treated differently than
other products marketed for the same use (e.g., it is segregated from
other products or kept behind the counter); the product contains a
warning label stating or suggesting that the product is in compliance
with laws regulating controlled substances; the product’s name
or packaging uses images or slang referencing an illicit street drug;
illicit or underground methods of sale or delivery are employed by
the seller or provider; whether the product can be smoked; and whether
the product resembles an illicit street drug such as cocaine, methamphetamine,
or marijuana.
(4) Nothing in this section is intended to apply to legitimate air fresheners,
potpourri, bath or beauty products, or other aroma therapy products
that do not contain the botanical, chemical, or related compounds
described in this section or ingredients that are illegal under state
and federal law.
(c) Use
or possession of illegal smoking material.
It shall be
unlawful for any person to have in their possession or to purchase,
use, or consume illegal smoking material within the corporate limits
of the city.
(d) Defenses
to prosecution.
(1) It shall be a defense to prosecution of a violation of this section
if the use of the illegal smoking material is done at the direction
of or under a prescription issued by a licensed physician or dentist
authorized to prescribe controlled substances within the state.
(2) It shall be a defense to prosecution of a violation of this section
if the person charged with such violation presents legitimate and
complete documentation from clergy or a spiritual leader recognized
by the state that the use of such material is part of a religious
ceremony or activity of a religious denomination in which the person
charged has a documented long standing membership.
(e) Penalty.
(1) Any person violating the provisions of this section shall be guilty
of a misdemeanor and upon conviction shall be punished by a fine not
to exceed two thousand dollars ($2,000.00).
(2) Each occurrence of such violation shall constitute a separate offense.
(3) Each package sold, delivered, offered for gift or sale, or given
in violation of this section shall be a separate offense.
(f) Other
remedies.
The penal provisions imposed herein shall not
preclude the filing of a lawsuit to enjoin violation of this section.
The city shall retain all legal rights and remedies available to it
pursuant to local, state and federal law.
(g) Update.
The substances defined as illegal smoking material in subsection
(a) above, may be amended by resolution.
(Ordinance 2013-50, sec. 1, adopted 9/10/13)
(a) Legislative
purpose.
The purposes of this section are to:
(1) Protect the public health, safety, and general welfare;
(2) Promote the reduction of underage drinking by holding accountable
those persons or entities responsible for gatherings where alcohol
is consumed by, served to, or in the possession of underage persons;
and
(3) Facilitate the enforcement of laws prohibiting the service to, consumption
of, or possession of alcoholic beverages or illicit synthetic drugs
and misbranded drugs by underage persons.
(b) Definitions.
For the purpose of this section, the following definitions shall
apply:
Alcoholic beverage.
Alcohol, or any beverage containing more than one-half of
one percent of alcohol by volume, which is capable of use for beverage
purposes, either alone or when diluted, including but not limited
to beer, wine, ale, liquor, distilled spirits and wine coolers.
Other private property.
Refers to hotel or motel room; an assembly hall or meeting
room; a common room of a dwelling unit used for a party (e.g., recreation
room of an apartment building); a site in a privately owned campground;
privately owned vacant lot; privately owned agricultural land; or
privately owned rural land whether occupied as a dwelling, part or
other social function; a motor vehicle, including but not limited
to a party bus or limousine, and whether owned, leased, rented, or
used without compensation.
Residence.
Includes a dwelling unit such as a home, condominium or apartment;
structures on the residence other than the dwelling such as a garage,
studio, tent, boat dock, swimming pool, barn or boat house; land on
the residence whether improved or unimproved such as a yard, patio,
open fields, piers or lake shores; water bodies on the residence such
as a pond, lake, river or stream; a motor vehicle, camper or trailer
located on the residence or a boat, watercraft, or other marine vessel
located on the residence whether occupied on a temporary or permanent
basis, whether occupied as a dwelling or for a party or gathering,
and whether owned, leased, rented, or used with or without compensation.
(c) Prohibition
of gatherings involving underage drinking.
(1) No person shall host, permit, or suffer a gathering involving underage
drinking at a location under his or her control, including but not
limited to the person’s residence, other private property, place,
premises, or public place.
(2) A person also commits a violation under this section if that person
is the person who paid for the rental of any premises, to include,
but not be limited to, the following premises, and underage drinking
takes place on that premises:
(B) An assembly hall or meeting room; or
(C) A common room of a dwelling unit used for a party (i.e., recreation
room of an apartment building);
(D) Motor vehicle, including but not limited to, party buses, limousines,
or any other vehicle for hire.
(3) It shall be an affirmative defense to a violation of this section if a gathering involving underage drinking occurs on premises described in subsection
(b) above and said gathering was the result of a criminal trespass or an unauthorized use of said premises.
(d) Protected
activities.
This section shall not apply to activities
allowed under state or federal law, or to activities protected by
the First or Fourteenth Amendments to the United States Constitution,
and such protections shall be an affirmative defense to the prosecution
of any violation of this section.
(e) Violation(s);
penalties.
(1) Any person violating the provisions of this section shall be guilty
of a misdemeanor and upon conviction shall be punished by a fine of
not less than two hundred fifty dollars ($250.00) but not to exceed
two thousand dollars ($2,000.00).
(2) Nothing in this section shall be deemed to preclude the imposition
of any criminal penalty under state law. Nor shall anything in this
section be deemed to conflict with any penalty or provision under
state or federal law, or prohibit any conduct authorized by the State
or Federal Constitution.
(Ordinance 2017-35 adopted 7/25/17; Ordinance 2022-13 adopted 5/24/22; Ordinance 2024-19 adopted 4/23/2024)
(a) It shall be unlawful for any person to knowingly sell, offer to sell,
publicly display, barter, deliver, give, possess, or use the following
substances within the city limits:
(1)
Any substance listed as a controlled substance, or a controlled
substance analogue as defined in chapter 481 of the Texas Health and
Safety Code, as amended;
(2)
The following opiates, including their isomers, esters, ethers,
salts, and salts of isomers, esters, and ethers, if the existence
of these isomers, esters, ethers, and salts is possible within the
specific chemical designation:
(A)
Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2-phenethyl)-4-piperidinyl]-N-phenylacetamide);
(C)
Alpha-methylthiofentanyl (N-[1-methyl-2-(2-thienyl)ethyl-4-piperidinyl]-N-
phenylpropanamide);
(D)
Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-phenethyl)-4-piperidinyl]-N-phenylpropanamide);
(E)
Beta-hydroxy-3-methylfentanyl;
(G)
Fentanyl, alpha-methylfentanyl, and any other derivative of
fentanyl;
(H)
3-methylfentanyl (N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]-N-phenylpropanamide);
(I)
3-methylthiofentanyl (N-[3-methyl-1-(2-thienyl) ethyl-4-piperidinyl]-N-phenylpropanamide);
(J)
Para-fluorofentanyl (N-(4-fluorophenyl)-N-1-(2-phenylethyl)-4-piperidinylpropanamide);
(M)
Thiofentanyl(N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]-propanamide).
(b) It shall be unlawful for any person, knowingly, to breathe, inhale,
drink, or otherwise ingest, any compound, liquid, or chemical listed
within this section, for the purpose of inducing a condition of intoxication,
stupefaction, giddiness, paralysis, irrational behavior, or which,
in any manner, changes, distorts, or disturbs the auditory, visual,
or mental process of the user.
(c) It is not a violation of this section if the person breathed, inhaled,
drank, or otherwise ingested the substance under the lawful supervision
of an authorized law enforcement officer to enforce or ensure compliance
with this section.
(d) It is not a violation of this section if the person who commits any
act described in this section commits the act pursuant to the lawful
direction or prescription of a licensed physician or dentist licensed
by the state to direct or prescribe such act.
(e) This section does not apply to the inhalation of a lawfully prescribed
anesthesia for a medical or dental purpose.
(f) Violation(s); penalties.
(1)
A person who violates any provision of this section shall be
referred to the appropriate court for prosecution in accordance with
section 481 of the Texas Health and Safety Code, as amended.
(2)
Nothing in this section shall be deemed to preclude the imposition
of any criminal penalty under state law. Nor shall anything in this
section be deemed to conflict with any penalty or provision under
state or federal law, or prohibit any conduct authorized by the state
or federal Constitution.
(Ordinance 2024-19 adopted 4/23/2024)