(A)
No person
shall allow a vehicle to remain unattended in any place maintained
by any governmental entity for a period of time in excess of forty-eight
hours. A peace officer or other city official designated to enforce
parking laws and regulations may take into custody any vehicle found
to be in violation of this subsection. Prior to taking a violating
vehicle into custody, a notice of violation shall be securely attached
to the vehicle for a minimum of forty-eight hours, specifying the
violation, the date, the approximate time, and the location of the
violation.
(B)
No person
shall park or allow a vehicle to remain in any place maintained by
any governmental entity unless such vehicle is currently in operable
condition or in a state of good repair. A peace officer or other city
official designated to enforce parking laws and regulations may take
into custody any vehicle found in violation of this subsection.
(C)
For
the purposes of this section:
(1)
Vehicle
means and includes a motor vehicle, trailer,
wagon, boat or other similar item.
(2)
Place maintained by any governmental entity
means and
includes, but is not limited to, a street, alley, highway, park or
public parking area including the grounds of a public school.
(3)
State of good repair
means the absence of such items
as broken glass, substantial body damage (including, but not limited
to, crushed or missing fenders, body panels, doors, hoods, or trunk
deck) or missing parts otherwise necessary for operable condition.
(4)
Currently in operable condition
means presently capable
of being lawfully operated on the streets and highways of this state;
being currently registered with proper license plates displayed; having
a current safety inspection; and being in running condition without
the necessity of first being repaired such as, but not limited to,
the inflating of tires or charging of the battery.
(D)
This
section shall not apply to storage or repair facilities owned, operated
or maintained by a governmental entity. Nothing contained in this
section shall be construed to restrict or prevent the immediate removal
of a vehicle in such cases otherwise allowed by law.
(E)
If the
City takes into custody a motor vehicle that has been determined to
be in violation of the Code, the City shall notify not later than
the tenth day after taking the motor vehicle into custody, by certified
mail, the last known registered owner of the motor vehicle and all
lienholders of record pursuant that the vehicle has been taken into
custody. The notice shall describe the year, make, model, and vehicle
identification number of the motor vehicle, set forth the location
of the facility where the motor vehicle is being held, inform the
owner and any lienholders of their right to reclaim the motor vehicle
not later than the twentieth day after the date of the notice, on
payment of all towing, preservation, and storage charges resulting
from placing the vehicle in custody, or garagekeeper’s charges
if notice is under section 683.032 of the Texas Transportation Code
and, if the vehicle is a commercial motor vehicle impounded under
section 644.153(q) of the Texas Transportation Code, the delinquent
administrative penalty and costs. The notice shall also state that
the failure of the owner or lienholders to exercise their right to
reclaim the vehicle within the time provided constitutes a waiver
by the owner and lienholders of all right, title, and interest in
the vehicle and their consent to the sale of the abandoned motor vehicle
at a public auction.
(F)
If the
identity of the last registered owner cannot be determined, if the
registration contains no address for the owner, or if it is impossible
to determine with reasonable certainty the identity and addresses
of all lienholders, notice by one (1) publication in one (1) newspaper
of general circulation in the area where the motor vehicle was abandoned
is sufficient notice under this article. The notice by publication
may contain multiple listings of abandoned vehicles, shall be published
within the time requirements prescribed for notice by certified mail,
and shall have the same contents required for a notice by certified
mail.
(Ordinance 4886, sec. 1, adopted 7/11/95; Ordinance 6727, sec. 1, adopted 9/2/14)
(A)
The following fees, in the amounts designated in the Master Fee and Rate Schedule, Article VII, Section 10.85, of Chapter 10, shall be due from the owner or authorized agent of the owner of vehicle stored or parked at the City’s vehicle storage facility:
(1)
A
notification fee for providing notice of the impoundment and storage
of the vehicle as required by law;
(2)
An
impoundment fee for any action that is taken by or at the direction
of the City or the City’s designated operator of the facility
and that is necessary to preserve, protect, or service a vehicle stored
or parked at the facility;
(3)
A
daily storage fee for each day or part of a day the vehicle is stored
at the facility if the vehicle is not longer than twenty-five (25)
feet; or
(4)
A
daily storage fee for each day or part of a day the vehicle is stored
at the facility if the vehicle is longer than twenty-five (25) feet;
(5)
Any
fee that is required by other law to be submitted to a law enforcement
agency, the agency’s authorized agent, or a governmental entity
in relation to the impoundment or storage of the vehicle; and
(6)
A
fee, if any, in an amount set by the state commission of licensing
and regulation for the remediation, recovery, or capture of an environmental
or biological hazard.
(B)
For
purposes of imposing the daily storage fee, a day is considered to
begin at midnight and to end at the next following midnight. A daily
storage fee is due regardless of whether the vehicle is stored for
twenty-four (24) hours of the day, except that a daily storage fee
is not due for more than one (1) day if the vehicle remains at the
facility for less than twelve (12) hours.
(C)
The daily storage fee under subsection (A)(3) is due:
(1)
For
not more than five (5) days before the date notice of impoundment
is mailed or published, if the vehicle is registered in this state;
(2)
For
not more than five (5) days before the date the request for owner
information is sent to the appropriate governmental entity as required
by chapter 2303, Texas Occupations Code, if the vehicle is registered
in another state; and
(3)
For
each day the vehicle is in storage after the date the notice is mailed
or published until the vehicle is removed and all accrued charges
are paid.
(D)
A law
enforcement agency that directs the towing and storage of a motor
vehicle for an evidentiary or examination purpose shall pay the cost
of the towing and the cost of the storage fees proscribed by this
section. The limitation provided by this subsection does not apply:
(1)
To
towing and storage fees if the towing or storage of the vehicle is
done for a purpose that is not evidentiary or for examination, including
towing or storing a vehicle that has been abandoned, illegally parked,
in an accident, or recovered after being stolen; or
(2)
To
storage fees after the date the law enforcement agency authorizes
the release of the vehicle to the vehicle’s owner.
(E)
The
fees established by this section are in addition to authorized towing
fees. The authorized towing fees shall be established through the
City’s contract with the current designated towing vendor.
(Ordinance 4455, sec. 1, adopted 9/18/90, Ordinance 4619, sec. 10, adopted 8/25/92; Ordinance 4899, sec. 5, adopted 9/19/95; Ordinance 6260, sec. 6, adopted 9/2/08; Ordinance 6768, sec. 1, adopted 4/21/15; Ordinance 7174, sec. 1, adopted 9/15/20; Ordinance 7363 adopted 9/6/2022)
Editor’s note–Former section 26.03
pertaining to alcoholic beverages consumption prohibited in public
places; defenses and deriving from the 1989 Code, was repealed and
deleted in its entirety by Ordinance 6892, sec. 2, adopted 2/21/17.
(A)
Definitions.
(1)
As
used herein, model glue shall mean any glue or cement of the type
commonly used in the building of model airplanes, boats and automobiles,
or any 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)
Tricresol Phosphate;
(t)
Xylol or Xylene;
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Or any other solvent, material, substance, chemical, or combination
thereof, having the property of releasing toxic vapors.
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(2)
As
used herein kit shall mean any collection of materials used for the
construction of model airplanes, model boats, model automobiles, model
trains or other similar assemblage of construction materials.
(B)
Sale
to minor prohibited.
It shall be unlawful for any person
knowingly and intentionally to sell or otherwise transfer possession
of any type of model glue to any minor under the age of eighteen (18)
years for any purpose whatsoever, unless at the time of the sale or
other transfer of possession said minor is accompanied by a parent
or guardian, as the case may be.
(C)
Sale
as part of kit.
The provisions of subsection (B) above shall not apply where the model glue is sold, delivered or given simultaneously with and as a part of a kit used for the construction of model airplanes, model boats, model automobiles, model trains or other similar models.
(D)
Display.
It shall be unlawful for any person selling or offering for
sale model glue to display the same on open shelves or counters in
his business establishment in such a manner as to make the same accessible
to customers or other members of the public.
(E)
Inhaling
prohibited.
It shall be unlawful for any person to inhale
or to otherwise induce into his respiratory or circulatory system
any model glue as herein defined, 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.
(F)
Carrying
upon person prohibited.
It shall be unlawful for any
person to carry upon his person model glue, as herein defined, unless
the same is being transported from the place of purchase to his place
of residence or business, or is a part of a kit as herein defined.
Provided that this shall not prohibit the use of the same at the residence
or place of business of such person in connection with the building
of model airplanes, boats, automobiles or other similar uses.
(A)
No person
may discharge a firearm, rifle, shotgun, automatic rifle, revolver,
pistol or other weapon designed for the purpose of firing or discharging
a shell, missile or cartridge, whether the shell, missile or cartridge
is blank or live ammunition, in any place in the City.
(B)
It is
a defense to prosecution under this section that:
(1)
The
person was a peace officer or animal control 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, the state or a political subdivision of the state;
(3)
The
person was at a privately owned shooting range which had been approved
by the Building Official and the Fire Marshal of the City, and which
was legally operating as a permitted use in accordance with the Ordinance
3237;
(4)
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;
(5)
The
person was lawfully defending person or property; or
(6)
The
person was shooting an air gun, air rifle, BB gun, spring gun or similar
gun or device in which the shot, metal pellet or other missile or
projectile is propelled by means of compressed air or mechanical spring
device, and the person and all projectiles emanating from said gun
or device were contained within the person’s premises.
It shall be unlawful for any person in the City to trespass
upon, interfere with or use the property of another person, without
the consent of the owner or person in charge and control of such property.
(A)
No person
shall knowingly communicate by whatever means any false statement
to any City employee in the performance of the duties of the City
employee.
(B)
If any
person represents a fact or facts to be true, and a City employee
in the performance of his duties acts thereon or fails to act because
thereof, and the same proves to be untrue, and said person knew or
should have known such fact to be untrue, a rebuttable presumption
shall be formed that said person knowingly communicated a false or
untrue fact or alleged fact in violation of this section. This provision
shall be construed as a rule of evidence not of substantive law.
(C)
Nothing
contained in this section shall be construed to include any activity
prescribed by the laws of the state.
(A)
Definitions.
In this section:
(1)
Jewelry
means gems, jewels, and objects
made of precious metals, worn for adornment, including, but not limited
to, stones removed from a mounting.
(2)
Personal identification certificate
means a certificate issued by the state department of public safety
under V.T.C.A., Transportation Code chapter 521.
(3)
Power tools
means tools powered by
electrical or AC/DC current or by liquid or gaseous fuels, including,
but not limited to, pneumatic equipment and welding equipment.
(4)
Purchase
means a transaction in which
a person takes title to regulated property in exchange for valuable
consideration.
(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, iridium, rhodium,
osmium, ruthenium, or their alloys, but does not include coins, or
bullion or bars of such metals.
(6)
Authorized vendor
means a commercial
supplier who deals in the wholesale distribution of regulated property
in the ordinary course of business.
(7)
Automobile accessories
means hubcaps,
wheel covers, radar detectors, tape decks and tape players, removable
automobile tops, or like items which are crafted or designed for use
in or on automobiles as accessory items.
(8)
Business machine
means a machine, such
as, but not limited to, a typewriter, 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.
(10)
Salvage use
means the extracting or
isolating of one or more of the component parts of regulated property
for later use; this specifically includes the melting, pulverizing,
compacting, or similar alteration of an item of crafted precious metals.
(B)
Regulated
property purchases; records.
A person who purchases regulated
property for the purpose of resale or for salvage use shall:
(1)
Keep
a sales record which indicates the business name and address of the
manufacturer or authorized vendor from whom the regulated property
was purchased; or
(2)
If
the regulated property was purchased from other than a manufacturer
or authorized vendor, the person shall:
(a)
At the time of purchase, record in a legible manner on a sequentially
numbered detachable ticket, approximately 4" by 6" in dimensions,
which is kept in sequential order at the person’s local place
of business, the following information: the name, address, driver’s
license number, military identification number, or personal identification
certificate number of the seller; a complete description of the property
purchased, including the type of property and its brand name or manufacturer’s
name, any serial numbers or initials inscribed in or attached to the
property, and other identifying marks or features of the property;
and the price paid or other consideration exchanged for the property
purchased;
(b)
At the time of purchase, determine that the photograph on the driver’s
license, military identification card, or personal identification
certificate is a photograph of the seller;
(c)
Segregate the property purchased from the seller from property purchased
from other sellers, and attach to the property or container in which
the property is held a tag indicating the name of the seller and the
date on which the property was purchased;
(d)
Retain possession of the property purchased in an unaltered condition
at the person’s place of business and withhold the property
from resale or salvage use for seven (7) business days;
(e)
Make the purchased property available for inspection at the person’s
local place of business by any police officer during regular business
hours while the property is in the person’s possession; and
(3)
Maintain
on file the information required by subsection (B)(1) and (2) for
one (1) year from date of purchase or until the item is sold, whichever
occurs later; and
(4)
Provide
a legible copy of the information required by subsection (B)(1) and
(2) to the City Police Department.
(C)
Offenses.
(1)
A
person commits an offense if he:
(a)
Violates subsection (B) of this section;
(b)
Takes possession of regulated property purchased for resale or salvage
use for which he does not have records meeting the requirements of
subsection (B)(1) and (2);
(c)
Fails or refuses to produce for inspection by a police officer the
records required by subsection (B)(1) and (2), with respect to a particular
item of regulated property, when requested to do so at a reasonable
time by the police officer;
(d)
Purchases for resale or salvage use, offers for sale, or sells regulated
property which has had the manufacturer’s identification number
or any other identifying mark removed, defaced, or altered;
(e)
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, or personal
identification certificate; or
(f)
Purchases regulated property from a minor, meaning a person under
the age of eighteen years.
(2)
In
a prosecution under subsection (C)(1)(f) of this section, it is an
affirmative defense that the person was not a pawnbroker, and made
a purchase of regulated property from a person under the age of eighteen
years who was acting with the consent or authorization of a parent
or guardian.
(3)
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.
(4)
In
a prosecution under this section involving a recordkeeping requirement
of subsection (B)(2), it is an affirmative defense that the regulated
property involved was purchased from a manufacturer or authorized
vendor.
(5)
An
investigating police officer may inspect and copy any records required
to be kept under subsection (B) without obtaining a court order. In
the case of records required under subsection (B)(2), the officer
may take possession and permanently retain the original copy of each
ticket on which the required information was recorded.
(Ordinance 4253, sec. 1, adopted 10/18/88)
(A)
No person
shall operate or permit the operation of any sound amplification system
from or near a vehicle, other than an emergency vehicle, so that the
sound can be heard at a distance of 50 feet or more from the vehicle.
(B)
There
shall be a rebuttable presumption that the following persons are operating
or permitting the operation of the sound amplification system:
(1)
Any
operator or owner of the vehicle present at the time of the offense;
(2)
An
owner or tenant of the property present at the time the violation
occurs;
(3)
An
absent owner or tenant who has taken reasonable and prudent steps
to prevent violations of this section on the property upon which the
violation occurred by doing at least three of the following actions:
(4)
The
registered owner of that vehicle.
(C)
If no
owner or operator of any vehicle in violation of this section is present
at the time of this offense, and the vehicle is not located on residential
property, the vehicle may be towed or removed from the premises and
impounded.
(D)
It is
an affirmative defense to prosecution under this section if the sound
amplification system was being operated:
(E)
The
minimum fine for the first conviction under this section shall be
$100.00 (one hundred dollars), the minimum fine for the second conviction
under this section shall be $200.00 (two hundred dollars), and the
minimum fine for a third conviction under this section shall be $500.00
(five hundred dollars).
(F)
Sound
caused in the performance of emergency or public service work, including
but not limited to public utility operations and emergency management
drills and training, acting to protect the health, safety or welfare
of the community shall not be subject to the provisions of this section.
Nothing in this subsection, however, shall be construed to permit
law enforcement, ambulance, fire or other public service personnel
to make excessive noise in the performance of their duties when such
sound is clearly unnecessary.
(Ordinance 4689, sec. 1, adopted 7/6/93; Ordinance 5733, sec. 2, adopted 5/20/03)
Editor's note–Former § 26.10 pertaining
to curfew hours for minors, was repealed and deleted in its entirety
by Ordinance 7495 adopted 1/9/2024. Prior to the deletion this article derived
from the following: Ordinance 4789, sec.
1, adopted 7/19/94; Ordinance
5735 adopted 6/3/03; Ordinance 6116 adopted 4/3/07; Ordinance 6380 adopted 2/16/10; Ordinance 6595 adopted 3/5/13; Ordinance
6825 adopted 3/1/16; Ordinance 7050 adopted 4/2/19; Ordinance 7307 adopted 3/15/22.
(A)
Definitions.
In this section:
(1)
Customer
means a person that receives
or that is provided local exchange access from a telecommunications
provider.
(2)
Telecommunications provider
means an
entity providing telecommunications services through which a customer
may obtain access to the 911 emergency system operated by the City
including, but not limited to, local exchange access and cellular
telecommunications services.
(3)
Cellular telecommunications services
means personal wireless services as defined in 47 U. S. C. section
332(c)(7).
(B)
(C)
Collection
and remittance of fees.
Each customer is liable for the fee imposed under subsection (B) until the fee is paid to the telecommunications provider. The telecommunications provider shall add the fee to the customer’s bill as a separately stated charge. The telecommunications provider shall collect the fee at the same time as the telecommunications provider collects its other charges from the customer in accordance with the regular billing practices of the telecommunications provider. Fees for 911 service collected by a telecommunications provider are due monthly and shall be remitted to the City not later than the 60th day after the last day of the calendar month.
(Ordinance 5044, sec. 1, adopted 1/21/97; Ordinance 6767, sec. 1, adopted 4/21/15; Ordinance 7363 adopted 9/6/2022)
(A)
Definition.
As used in this section, “personal storage container”
means a metal container, clearly marked “PERSONAL STORAGE CONTAINER”
in letters of at least 4" in height, on which the following notice
is posted on each side of the container:
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PERSONAL STORAGE CONTAINER. THE CONTENTS OF THIS
CONTAINER ARE THE PROPERTY OF THE TENANT(S) AND/OR OCCUPANT(S) OF
THE PROPERTY AND HAVE BEEN PLACED IN THIS CONTAINER PURSUANT TO SECTION
24.0061(d)(2)(D) OF THE TEXAS PROPERTY CODE. IT IS AN OFFENSE FOR
A PERSON OTHER THAN THE TENANT(S) AND/OR OCCUPANT(S) TO ENTER THE
CONTAINER OR ADD OR REMOVE PROPERTY FROM THE CONTAINER. NO TRASH!
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(B)
Use
of personal storage containers.
The owner or the authorized
agent of the owner of real property may, at the time of execution
of a writ of possession pursuant to section 24.0061 of the Texas Property
Code, request the City to provide a personal storage container from
the City. The City shall, if a personal storage container is available,
provide and deliver the personal storage container to the property
for use by the owner of real property for a period not to exceed 36
hours. Notwithstanding any other provisions of this Code, the owner
of the real property receiving a personal storage container from the
City shall be allowed to place the personal storage container on the
property, or on the street in front of the property, (provided that
the container does not block traffic on the street) for a period not
to exceed 36 hours. The City shall, upon request of the owner of the
real property, remove the personal storage container from the property
and dispose of the contents of the personal storage container.
(C)
Tampering
prohibited.
It is an offense for any person, other than
the owner of the real property (or his authorized agent) or a tenant
or occupant of the real property (or their authorized agent) to place
property of any kind, including trash, into, or remove property from,
a personal storage container.
(Ordinance 6325, sec. 1, adopted 7/7/09)
(A)
A person
commits an offense if the person, with criminal negligence, sells,
delivers, or causes to be sold or delivered salvia divinorum, Salvinorin
A or a product containing salvia divinorum or Salvinorin A to another
person.
(B)
A person
commits an offense if the person possesses with intent to sell or
deliver to another person for sale salvia divinorum, Salvinorin A
or a product containing salvia divinorum or Salvinorin A.
(Ordinance 6527, sec. 1, adopted 3/20/12)
(A)
Fireworks,
for purposes of this section, means any device that can be used to
produce or is intended for use in obtaining visible or audible pyrotechnic
display or a combination of those by the combustion of explosive or
flammable composition and includes any firecrackers, cannon crackers,
skyrockets, torpedoes, Roman candles, sparklers, smoke bombs, squibs,
fire balloons, star shells, or any other items within the commonly
accepted meaning of fireworks.
(B)
Prohibited
sale, possession, use, or discharge.
(1)
It
shall be unlawful for any person to transport, sell, offer for sale,
offer to another, receive, possess, keep, store, use, handle, discharge,
detonate, explode, ignite, or otherwise set into action fireworks
within the city limits.
(2)
It
shall be unlawful for any person to knowingly or intentionally assist
a person under 18 years of age to use, handle, discharge, detonate,
explode, ignite, or otherwise set into action fireworks within the
city limits.
(3)
It
is an affirmative defense to this section that:
i.
The
person was operating or was a passenger in a motor vehicle that was
being operated in a public place; and
ii.
The fireworks were not in the passenger area of the motor vehicle.
iii.
For purposes of this section, the passenger area means the area of
the motor vehicle designated for seating of the operator and passengers
of the vehicle. The term does not include:
(Ordinance 7027 adopted 11/6/18)
