(Ord. No. CSO#386-02-2016, § 1, 2-15-2016)
[The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:]
COMMUNITY HOME
An entity that is in compliance with V.T.C.A., Health and Safety Code §§ 123.005 through 123.008 and is:
(1) 
A community-based residential home operated by:
a. 
The department of aging and disability services;
b. 
A community center organized under V.T.C.A., Health and Safety Code subch. A, ch. 534, that provides services to persons with disabilities;
c. 
An entity subject to the Texas Nonprofit Corporation Law as described by section 1.008(d), Texas Business Organizations Code; or
d. 
An entity certified by the department of aging and disability services as a provider under the ICF-IID medical assistance program; or
(2) 
An assisted living facility licensed under V.T.C.A., Health and Safety Code ch. 247, provided that the exterior structure retains compatibility with the surrounding residential dwellings.
PERSON WITH A DISABILITY
A person whose ability to care for himself or herself, perform manual tasks, learn, work, walk, see, hear, speak or breathe is substantially limited because the person has:
(1) 
An orthopedic, visual, speech, or hearing impairment;
(2) 
Alzheimer's disease;
(3) 
Pre-senile dementia;
(4) 
Cerebral palsy;
(5) 
Epilepsy;
(6) 
Muscular dystrophy;
(7) 
Multiple sclerosis;
(8) 
Cancer;
(9) 
Heart disease;
(10) 
Diabetes;
(11) 
An intellectual disability;
(12) 
Autism; or
(13) 
Mental illness.
PUBLIC NUISANCE
Any act, condition or thing existing, done or in being, which act, condition or thing endangers the peace, property, health, and safety of the citizens of the city.
(Ord. No. CSO#386-02-2016, § 1, 2-15-2016)
The city acknowledges that the residents or occupants of a community home are often persons with a disability. The city acknowledges that the services offered and performed by a community home create the potential for behavioral issues or other issues to arise within a community home. The city acknowledges that the services offered and performed by a community home are valuable to those served by the community home and to the city. The city acknowledges that the operation of a community home is a use by right as provided by state law. The city acknowledges that it is only when the residents or occupants of a community home are not properly supervised as required by state law and allowed to engage in threatening or offensive conduct outside of the community home that the community home becomes a danger to the health and safety of the public and to the safety of the residents of the neighborhood in which the community home is being operated.
(Ord. No. CSO#386-02-2016, § 1, 2-15-2016)
(a) 
A community home that does not provide adequate supervision to the residents or occupants of the community home, to the extent that a law enforcement authority responds to calls concerning the occupants threatening or offensive conduct outside of the home and in public view on six or more occasions in any six-month period, is a danger to the health and safety of the public and to the safety of residents of the neighborhood in which the community home is being operated and is hereby declared to be a public nuisance.
(b) 
Behavior that creates a nuisance includes, but is not limited to, excessive noise, nudity, vulgar or offensive language, trespassing, fighting, brandishing weapons, or other aggressive, threatening, menacing, or offensive conduct in the public view and outside of the community home.
(Ord. No. CSO#386-02-2016, § 1, 2-15-2016)
(a) 
The owner, operator, or person in control of a community home commits an offense if the person maintains or permits the existence of a public nuisance described by section 54-162. An offense under this section is a misdemeanor punishable by a fine not to exceed $2,000.00.
(b) 
After the owner or operator has notice of the existence of a public nuisance described by section 54-162, each response by a law enforcement authority to the nuisance is a separate offense.