For the purposes of this article, all the terms used herein
shall be interpreted as follows:
shall mean any refrigerator, ice box, air-tight container
or semi-air-tight container possessing a capacity of one-and-one-half
cubic feet or more and an opening of 50 square inches or more and
which has a lid or door equipped with a latch or other fastening device
capable of securing such door or lid shut, and such refrigerator,
ice box, air-tight or semi-air-tight container is located outside
any dwelling, building or other structure or within any warehouse
or storage room or any unoccupied, unsecured, or abandoned dwelling.
means particulate matter, dust, fumes, gas, mist, smoke,
vapor or odor, or any combination thereof, produced by processes other
than natural.
means the presence in the atmosphere of one or more air contaminants
or combinations thereof, in such concentration and of such duration
as are or may tend to be injurious to or to adversely affect humans,
animal life, vegetation or property, or as to interfere with the normal
use and enjoyment of animal life, vegetation or property.
shall mean scrub vegetation or dense undergrowth.
shall mean the dead and putrefying flesh of any animal, fowl
or fish.
shall mean a container used to store municipal solid waste
which has a volume greater than two cubic yards.
shall mean any object, structure or vegetation which obstructs
or otherwise impedes or is likely to obstruct or otherwise impede
the lawful passage of traffic, vehicular and pedestrian, over any
street, alley, alley easement, utility easement greater than 10 feet
in width, or sidewalk in the City.
shall mean any matter in a putrescent state.
shall mean the offering for sale of personal and/or household
property at a nonbusiness location for a temporary period of time
and shall also include “yard sale,” “patio sale,”
“sample sale,” or other similar terms.
shall mean the outdoor storage, for a period greater than
24 hours, in a residential district, as defined by the zoning ordinance,
of articles and material subject to deterioration by the elements,
including but not limited to furniture and appliances other than those
customarily installed or used out-of-doors, boxes, vehicle parts,
and paper; any material which is stored in a disorderly manner or
in such a manner as to offer harborage to vermin; any cut wood, firewood,
lumber, or other building material, except masonry, which is not stored
a minimum of six inches above the ground.
shall mean any putrescible or nonputrescible condition, object
or matter which tends, may or could produce injury, death or disease
to human beings.
shall mean a garage sale located at a church, school, adult
or child-care center, hospital or other similar entity.
shall mean a garage sale located at a residentially zoned
property which has four or more dwellings.
shall mean given personally or delivered by U.S. Postal Service
in writing by a letter addressed to the owner at the owner’s
address as recorded in the appraisal district records of the appraisal
district in which the property is located; to the occupant or person
in charge, or if personal service cannot be obtained, by publication
at least once in a paper of general circulation within the County
of Dallas; or, by posting notice on or near the front door of each
building on the property to which the violation relates, or by posting
notice on a placard attached to a stake driven into the ground on
the property to which the violation relates. In a notice provided
under this section, the City may by regular mail and a posting on
the property, or by personally delivering the notice, notify the owner
that if the owner commits another violation of the same kind or nature
that poses a danger to the public health and safety on or before the
first anniversary of the date of the notice, the City may without
further notice correct the violation at the owner’s expense
and assess the expense against the property.
shall include stagnant or unwholesome water, sinks, privies,
filth, carrion, weeds, rubbish, brush and refuse, impure or unwholesome
matter of any kind, sewage exposed to the atmosphere, objectionable,
unsightly or unsanitary matter of whatever nature, litter as defined
elsewhere in this Code, harborage for rodents or parasitic insects,
open wells, abandoned refrigerators, animal pen or enclosures which
have become offensive, improper storage, graffiti, encroachment, substandard
premises, junk motor vehicles, junked boats, junked off-road motorcycles
or junked all terrain vehicles, poison ivy, poison oak, or poison
sumac (within 50 feet of an occupied dwelling,) and potable water
nuisances.
shall mean any matter, condition or object which is objectionable,
unsightly or unsanitary to a person of ordinary sensitivity.
shall mean any well, or cistern having a depth of ten (10)
feet or greater and a width not greater than six (6) feet or any manmade
pit, hole or excavation not sufficiently protected or guarded so as
to insure the safety of all passing by or near same.
shall mean electrical wiring with one or more bulbs or illuminated
fixtures that is placed on a building or in a yard for an indefinite
period.
means the presence of pooled or standing water from a potable
water supply in a quantity and location that may provide a breeding
place for mosquitoes, the discharge of potable water to adjacent property
in a volume or at a rate that damages vegetation, buildings, fences
or other structures on the adjacent property, or the discharge of
potable water to a street or other public property that creates a
hazard to traffic due to the presence of accumulated water or ice.
means that board established in section 32.25 of this Code.
shall mean any homogeneous or heterogeneous accumulation
of worn out, used up, broken, rejected or worthless materials.
shall mean trash, debris, rubble, stone, fragments of building
materials, mounds of dirt or rock and any other material.
shall mean wash water and water-carried animal, culinary,
and industrial wastes; liquid waste containing human excreta, and
other matter, flowing in or from a property drainage system or sewer.
Excreta include feces, urine, secretions from the skin, expectoration,
liquid wastes from dwellings and institutions, stables, and business
buildings.
shall mean a garage sale located at a single-family residence,
duplex or triplex.
means any point of origin of an air contaminant.
shall mean a portable storage building or container with
an interior volume greater than 400 cubic feet and that is rented,
leased, or loaned to a person and intended for short-term storage
of personal property.
shall mean:
Landscape trees, bushes, shrubs, vines, brush and ground cover
plants that, due to lack of trimming, pruning and shaping, have become
unsightly to persons of ordinary sensibilities;
Dead trees, shrubs, vines, brush or ground cover; and
Trees that represent a safety hazard due to disease or damage.
shall mean uncultivated or cultivated vegetation, including
grass, having a height in excess of twelve (12) inches.
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Any word not herein defined shall be construed in the context
used in ordinary interpretations.
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(Ordinance 5122, sec. 1, adopted 10/21/97; Ordinance 5571, sec. 3, adopted 6/5/01; Ordinance 5677, secs. 1, 2, adopted 11/15/02; Ordinance 5895, sec. 1, adopted 4/19/05; Ordinance 6740, sec. 17, adopted 10/6/14)
A person commits an offense if he causes, suffers, allows or
permits the emission or discharge of any air contaminant which causes
or which will cause air pollution.
(Ordinance 5895, sec. 1, adopted 4/19/05)
(A)
A person
commits an offense if he permits, suffers or allows weeds on any lot
or lots, grounds or yards under his ownership or control within the
City limits.
(B)
It shall
be a defense to this section that such vegetation is:
(1)
An
agricultural crop, located on property possessing an agricultural
tax exemption as issued by the Dallas County Central Appraisal District,
provided that:
(a)
Such crop is maintained a minimum of 50 feet from any property line
adjacent to any developed nonresidential property and 100 feet from
any property line adjacent to developed residential property; separation
by alley rights-of-way notwithstanding;
(b)
Such crop is maintained a minimum of 50 feet from any property line
adjacent to the right-of-way line of a major thoroughfare as defined
by the City thoroughfare plan; and
(c)
Such crop is maintained in such a manner so as to be free from an
abundance of dead plant materials which are, or are likely to be,
a fire hazard.
(2)
Of
natural historic or scientific significance, provided that:
(a)
A declaration of such significance describing the particular plant
or plant varieties being preserved, shall be submitted by the occupant
or owner of the property to the City;
(b)
A management plan describing how such property will be maintained
in such a manner so as to preclude fire hazards and creation of conditions
inimical to the public health. Such management plan shall be subject
to the approval of the City; and
(c)
Such property shall be maintained in accordance with the submitted
management plan; or
(3)
Decorative
flowers, vines, bushes, shrubs, plants or trees.
(Ordinance 5895, sec. 1, adopted 4/19/05)
(A)
A person
commits an offense if the person causes, suffers, or allows a nuisance
on any lot or lots, grounds or yards, or any other place in the City.
(B)
Unmanaged
landscape vegetation.
(1)
It
shall be an offense for a property owner or occupant to possess unmanaged
landscape vegetation on any developed property.
(C)
Discharge
of yard waste.
(1)
It
shall be an offense for any person to cause, suffer, permit or allow
the discharge of yard waste to a street, alley or any appurtenance
to the municipal storm sewer system.
(2)
It
shall be an affirmative defense to prosecution under this section
that the property owner, occupant, landscape maintenance employee
or any other person:
(a)
Used manual or mechanical sweeping or vacuuming techniques to remove
yard wastes from streets, alley, or any appurtenance to the municipal
storm sewer system within one hour of the lawn maintenance; and
(b)
Collected yard waste in plastic or wet-strength paper bags and disposed
in a lawful manner; or
(c)
Used lawn maintenance techniques that reasonably prevented the discharge
of the yard waste to a street, alley or any appurtenance to the municipal
storm sewer system.
(D)
Outdoor
decorative lighting.
It shall be an offense for a person
to use by energizing any decorative outdoor lighting that:
(E)
A person
commits an offense if the person causes, suffers or permits a potable
water nuisance.
(F)
It is an affirmative defense to prosecution under subsection (E) of this section if:
(1)
The
source of the water creating the nuisance is not a potable water source;
(2)
The
water discharge is caused by or associated with the activities of
the City including, without limitation, the maintenance of water lines
and the cleaning of streets;
(3)
The
water is associated with firefighting or hazardous materials response
activities; or
(4)
The
water is from the lawful washing of a vehicle at a residence.
(G)
Retail
shopping carts.
(1)
The
unattended presence of a shopping cart on property other than the
retail store owning the shopping cart is an offense.
(2)
The
City shall impound any shopping cart found on public or private property
other than the property of the retail store which owns the cart.
(3)
Impounded
shopping carts shall be held for a minimum of 14 days to allow reclamation
by a lawful owner, after which time the shopping carts are the property
of the City.
(4)
Shopping
carts which have been held more than 14 days shall be disposed of
in a manner prescribed by the City.
(5)
This
section does not apply to a shopping cart owned by an individual for
personal use.
(H)
Exterior
paint.
It shall be an offense to paint a portion of the
exterior of a single-family dwelling, a portion of an exterior accessory
structure of the single-family dwelling, or any improvement to the
property such as a fence, in a manner that is inconsistent with the
existing color of the corresponding material that is being painted,
repaired or replaced. This provision shall not prohibit the change
of a color scheme if applied to the entirety of the soffit, fascia
or siding, fence or other improvement, nor prohibit the use of accent
colors when such color is applied to the entirety of the soffit, fascia
or siding, fence or other improvement.
(I)
Temporary
portable storage containers.
It shall be an offense for
a person to possess a temporary portable storage container in an area
zoned residential if:
(J)
Garage
sales.
It shall be an offense to conduct a garage sale that does not comply with subsections (J) through (L) of this section.
(1)
Single-family residence garage sale.
Each person who
has a single-family residence garage sale shall first obtain a single-family
residence garage sale permit from the City. The single-family residence
garage sale permit shall be obtained in person or by telephone and
shall have no permit fee. A single-family residence garage sale permit
shall be valid for only three consecutive days, excluding holidays.
No more than three single-family residence garage sales shall be permitted
for the same address or location in any calendar year.
(2)
Multifamily residence garage sale.
The owner or manager of a multifamily residence who has a multifamily residence garage sale shall first obtain a permit from the City. The multifamily residence garage sale permit shall be obtained in person or by telephone and shall have no permit fee. A multifamily residence garage sale permit shall be valid for only three consecutive days, excluding holidays. No more than five multifamily residence garage sales shall be permitted for the same multifamily residence (for the property licensed as a multifamily residence in accordance with section 32.07 of this chapter) or location in any calendar year. The location upon a multifamily residence where the garage sale personal or household property is displayed shall be approved by the City. Merchandise at a multifamily residence garage sale shall not be displayed within 50 feet of a public street.
(3)
Institutional site garage sale.
Each person who has
an institutional site garage sale shall notify the City a minimum
of 48 hours prior to the garage sale. Each notification shall identify
the person in charge, the date(s) of the garage sale, the name of
the institution and location of the institutional site where the garage
sale will occur. No person shall have a garage sale at an institution
without obtaining permission from the institution, and all proceeds
shall be directed to the institution, nonprofit organization(s), or
any combination thereof. The number of garage sale permits issued
to an institution meeting this requirements shall not be limited.
(K)
Garage
sale signs.
Each person who has a garage sale shall use
no more than three off-premises signs. Each sign shall:
(1)
Not
exceed eight square feet in area nor five feet in height;
(2)
Bear
the address, dates of sale, and permit number;
(3)
Be
placed off-premises on private residential property, provided the
approval of the private property owner shall first be obtained; and
(4)
Be
removed no later than 9:00 p.m. on the last permitted day of the sale.
(L)
Signs
placed on premises at a multifamily residence garage sale shall comply
with subsections (K)(1), (2), and (4).
(M)
Commercial
solid waste containers in a residential zone.
(1)
It
shall be an offense for a person to possess or allow the possession
of a commercial solid waste container in an area zoned residential
if the commercial solid waste container has been on the premises for
more than 90 days.
(2)
It
shall be an affirmative defense to prosecution under this subsection
if the commercial solid waste container is used by a government agency
or if:
(N)
Rental
bicycles and rental motorized scooters.
(1)
The
presence of a rental bicycle or rental motorized scooter that remains
on property other than property owned or controlled by the bicycle
or scooter rental company, which remains unmoved for more than 24
hours, or is blocking a street or sidewalk is an offense.
(2)
The
City shall impound any rental bicycle or scooter found on public property
in violation of this section other than the property of the owner
of the rental bicycle or scooter.
(3)
The
City shall, at the request of an owner of private property, impound
any rental bicycle or scooter found on private property.
(4)
The City will charge the owner of a rental bicycle or scooter impounded under this section a reclamation fee in the amount designated in the Master Fee and Rate Schedule, Article VII, Section 10.85, of Chapter 10, for each rental bicycle or rental motorized scooter. Impounded rental bicycles or rental motorized scooters shall be held for a minimum of 14 days to allow reclamation by a lawful owner, after which time the rental bicycles or rental motorized scooters shall be considered as abandoned.
(5)
Rental
bicycles or rental motorized scooters, which have been held more than
14 days, shall be disposed of in a manner prescribed by law for the
disposition of abandoned property.
(Ordinance 5677, sec. 3, adopted 11/15/02; Ordinance 5895, sec. 1, adopted 4/19/05; Ordinance 6126, secs. 10, 11, adopted 5/1/07; Ordinance 7041, secs. 1–2,
adopted 3/5/19; Ordinance 7363 adopted 9/6/2022)
(A)
Definitions.
As used in this section, the following terms shall have the
following meanings, unless the context clearly indicates that a different
meaning is intended:
(B)
No person
shall cause, suffer, allow or maintain any structure, object, tree,
shrub or other vegetation to encroach into, on or over an alley, street,
sidewalk or other public right-of-way.
(C)
It shall
be a defense to prosecution under this section that:
(1)
The
encroachment is a tree, shrub, or other vegetation which extends no
further than one (1) foot into the alley nor nearer than fourteen
feet from the grade of the alley or street, or eight feet from the
grade of a sidewalk, or that such encroachment is a wall, fence or
vegetation within an easement and that such encroachment is approved
by all entities having legitimate interest in such easement, provided,
however, that such approval shall not constitute abandonment of any
interest in real property.
(2)
The
encroachment is within a utility easement and such easement boundary
is not parallel to and contiguous with a side or rear lot line; or
(3)
Such
encroachment is a wall, fence or vegetation within a utility easement
and that such encroachment is approved by all entities having legitimate
interest in such easement, provided, however, that such approval shall
not constitute abandonment of any interest in real property.
(Ordinance 5895, sec. 1, adopted 4/19/05; Ordinance 6740, sec. 18, adopted 10/6/14)
A person commits an offense if he suffers, allows, causes or
permits the operation of a well or cistern without the attachment
thereto of a secure covering capable of supporting 200 lbs. or if
he suffers, allows, causes or permits the abandonment of a well or
cistern without filling said well or cistern from its depth to the
surface or plugging the same with a permanent plug at a depth of not
less than ten (10) feet from the surface and completely filling the
same from said plug to the surface; or if he suffers, allows, causes,
or permits any pit, hole or excavation so as to threaten the safety
of anyone passing by or near.
(Ordinance 5895, sec. 1, adopted 4/19/05)
(A)
Definitions.
As used in this section:
(1)
Approved connection
means the driving
surface located between a street or alley and an improved or limited
parking surface. A connection is approved for purposes of this section
if the connection is designed, constructed, and maintained in accordance
with the traffic management and technical standards applicable to
such connections including width, location, turning radii, and construction
methods and materials.
(2)
Concrete pavers
means interlocking
concrete paving stones at least two inches (2") thick on a base consisting
of a layer of bedding sand over a minimum of four inches (4") of compacted
crushed stone, cement treated base, or soil cement base.
(4)
Limited parking surface
means a parking
surface generally located in a rear yard (except where allowed under
subsection (B)(2) below) consisting of:
(a)
Asphalt having a minimum depth of four inches (4") over a four inch
(4") stabilized base consisting of compacted crushed stone, cement
treated base, or soil cement base;
(b)
Compacted gravel or crushed rock (i.e., #3 base gravel, #441 crushed
stone, #57 crushed stone, or an equivalent that is approved by the
Building Official) contained within a distinct border and having a
minimum depth of six inches (6");
(c)
Reinforced concrete having a minimum depth of five inches (5"); or
(d)
Concrete pavers.
(5)
Runners
means a parking surface constructed
from concrete, asphalt, macadam or concrete pavers that provides a
coverage only for the wheels of a vehicle separated by an unimproved
area under the body of the vehicle. “Runners” composed
of any other materials or of earth only are not a legal parking surface
under any circumstances under this section except as allowed by subsection
(B)(2).
(6)
Driveway
means an improved parking surface or a limited parking surface expressly authorized in this section 32.56, that provides egress and ingress from and to an adjacent street or alley by means of an approved connection.
(7)
Front yard
means that portion of a
residential lot between the street and the building face of a single-family,
duplex, triplex, or quadraplex structure.
(B)
Parking
on unimproved surfaces prohibited.
(1)
Subject to below subsection (2), a person commits an offense if, within a residential zoning district or upon property which constitutes a residential use the person causes, suffers, permits, or allows the parking of any motor vehicle or trailer on runners or on any surface other than a driveway.
(2)
If
the property is within a residential zoning district or constitutes
a lawful residential use, the property is occupied by a residential
dwelling and the dwelling was built on or before January 1, 1970 and
has no paved alley access then a person may construct or expand a
front yard driveway as a limited parking surface, and park any motor
vehicle or trailer that is otherwise lawfully parked thereon. However,
any new or expanded driveway construction within the driveway approach/apron
must meet all applicable City technical standards, state, and federal
law.
(3)
It
is an affirmative defense to prosecution under this subsection if:
(a)
The property is used for agricultural purposes or is zoned agricultural;
or
(b)
(i)
If the property is within a residential zoning district or constitutes
a residential use, the property is occupied by a residential dwelling
and the dwelling was built on or before January 1, 1980;
(ii)
The surface parked upon was part of the original driveway when
the residential dwelling was built;
(iii)
The surface parked upon consists of runners or is a limited
parking surface originally composed of gravel, asphalt or macadam
when the residential dwelling was built; and
(iv)
The surface parked upon has been properly maintained to serve
as a parking surface as intended when originally constructed.
(C)
Excessive
driveway and limited parking surfaces prohibited.
(1)
A
person commits an offense if, within a residential zoning district
or upon property which constitutes a residential use the person causes,
suffers, permits or allows a driveway to cover more than fifty percent
(50%) of a front or rear yard or, in the case of a limited parking
surface, causes, suffers, permits, or allows a parking surface to
cover more than fifty present (50%) of a front or rear yard or to
be wider than 20 feet. A limited or improved surface constitutes a
driveway for purposes of determining the coverage under this section
unless the surface is physically detached from any point of egress
or ingress to an adjacent street or alley (whether or not by means
of an approved connection) and is permanently incapable of providing
a parking space for a vehicle.
(2)
It
is an affirmative defense to prosecution under this subsection that:
(a)
A driveway is a circular drive connecting to a street or alley by
at least two (2) approved connections and covers no more than sixty-five
percent (65%) of the yard; or
(b)
A driveway is within a residential front yard and parking is prohibited
or restricted by ordinance on that portion of the street abutting
the yard, and the driveway covers no more than sixty-five percent
(65%) of the yard.
(D)
Abatement
and appeal.
(1)
If
it is determined that a motor vehicle or trailer is parked on any
surface in violation of the provisions of this section, the owner,
occupant, or person in charge of the property shall correct the violation
within twenty-four hours of receipt of notice. The Director of Code
Compliance may for good cause allow additional time for compliance.
(2)
Notice
of a violation of this section shall be given in writing by:
(3)
The owner of the property upon which a violation of subsection (B) is alleged to exist may appeal such determination to the Housing Standards Board by filing a request in writing for a hearing with the Director of Code Compliance on a form to be provided by the Director for such purposes within thirty (30) days after the City has given notice of the violation as provided in this subsection. The appeal shall be accompanied by the payment of a filing fee in the amount designated in the Master Fee and Rate Schedule, Article VII, Section 10.85, of Chapter 10. An appeal does not stay enforcement of the provisions of this section pending a determination of the Board. The Housing Standards Board may uphold the determination that a violation exists, in which event the Board shall set a date by which the property on which the violation exists shall be brought into compliance with this section; approve alternative paving materials where such materials are demonstrated to meet or exceed the requirements of this section; or grant a variance to a requirement under this section if the Board determines, based upon the credible evidence presented to it, that literal enforcement of this section would result in an unnecessary hardship, taking into consideration peculiarities of the property such as size, shape, slope or other restrictions on the effective area available for parking on the property. If the Board approves the proposed alternative paving materials or grants a variance, the Director shall cause the filing fee to be promptly refunded to the applicant.
(E)
Permit
required.
A permit shall be required to construct any
parking surface improvement. Application for a permit to improve a
parking surface shall be made to the Building Inspection Department.
(Ordinance 4337, sec. 1, adopted 5/16/89; Ordinance 5571, secs. 1, 2, adopted 6/5/01; Ordinance 5623, secs. 1, 2, adopted 1/22/02; Ordinance 5676, sec. 1, adopted 11/15/02; Ordinance 5895, sec. 1, adopted 4/19/05; Ordinance 6534, sec. 13, adopted 4/3/12; Ordinance 6583, sec. 1, adopted 12/4/12; Ordinance 7242, sec. 1, adopted 8/3/21; Ordinance 7245, sec. 1, adopted 8/17/21; Ordinance 7277 adopted 12/7/21; Ordinance
7363 adopted 9/6/2022)
(A)
For
the purposes of this section:
(1)
Box truck
means a chassis cab truck
or route truck with an enclosed cuboid-shaped cargo area.
(2)
Catering truck
means a vehicle from
which approved, prepackaged foods are sold or conveyed in such a manner
that no direct food contact results.
(3)
Dump truck
means a truck with an open
box bed, hinged in a manner to permit dumping, with a lift to allow
the material in the bed to be deposited or dumped on the ground.
(4)
Dump trailer
means a trailer with a
box bed, hinged in a manner to permit dumping, with a lift to allow
the material in the bed to be deposited or dumped on the ground.
(5)
Mobile food unit
means a vehicle-mounted
food service establishment designed to be readily movable.
(6)
Modified vehicle
means and includes
passenger trucks equipped in any manner to facilitate a trade or hobby,
including but not limited to a flatbed truck with or without side
rails, a truck with permanently mounted equipment including, but not
limited to, aerial buckets, platforms, welding equipment, mechanical
or hydraulic devices designed to assist in loading or unloading freight
or the transporting of other vehicles, and all other truck bodies
that are not the standard passenger truck body and cargo bed installed
by the original truck manufacturer. The term does not include a passenger
vehicle which has been altered to assist the disabled.
(7)
Oversized vehicle
means a tow truck
(wrecker), truck tractor, road tractor, semitrailer (whether or not
attached to a truck tractor or a road tractor), trailer greater than
16 feet in length excluding the tongue (whether or not attached to
a truck, truck tractor or a road tractor), passenger motor vehicle
designed to carry more than 16 persons (including the driver), and
includes any modified vehicle with a manufacturer’s rating of
9,000 GWT (gross weight) or higher. The term shall also include a
box truck, dump truck or dump trailer with a manufacturer’s
rating of 9,000 GWT (gross weight) or higher, or box trucks, dump
trucks or dump trailers with a cargo containment space greater than
16 feet in length, excluding the cabin area of the vehicle, regardless
of GWT.
The term does not include:
(a)
Any motor vehicle owned or operated by a governmental entity;
(b)
A vehicle for recreational use;
(c)
A vehicle owned or used by a church for church purposes;
(d)
Trailers less than 16 feet in total length, exclusive of the tongue;
or
(e)
Passenger vehicles that are not modified beyond the intended purpose.
(8)
Vehicle for recreational use
means a motor vehicle designed
as a temporary living quarters for recreational travel or vacation
use, a boat or personal watercraft, and a motorcycle or all-terrain
vehicle designed or equipped only for off-road use. The term includes
a travel trailer, camping trailer, truck camper, motor home, trailers
used to carry boats, personal watercraft, motorcycles and all-terrain
vehicles, and utility trailers of not more than 16 feet in length
excluding the tongue which do not contain equipment or materials that
are associated with an occupation.
(9)
Residential zone
means any property zoned single-family,
duplex, multifamily or planned development for single-family, duplex
or multifamily uses. The term includes both private and public property
within such zoning districts.
(10)
Utility trailer
shall mean an enclosed or open cargo
trailer designed for the transportation of a variety of products,
goods, livestock or vehicles.
(B)
Parking
oversized vehicles in nonindustrial zones:
(1)
A
person commits an offense if the person parks or stands an oversized
vehicle at any place within an area zoned agricultural, neighborhood
office and community office, community retail, light commercial, or
planned development.
(2)
The
owner of an oversized vehicle commits a civil offense if the owner
allows, suffers, or permits the parking or standing of the oversized
vehicle at any place within an area zoned agricultural, neighborhood
office and community office, community retail, light commercial, or
planned development.
(3)
It
shall be an affirmative defense to prosecution under this section
that the oversized vehicle was:
(a)
In the process of loading or unloading material at the address where
the oversized vehicle is located;
(b)
The oversized vehicle’s driver is present and in control of
the vehicle, waiting to be loaded or unloaded;
(c)
At a fueling site being fueled;
(d)
At a business that has a valid certificate of occupancy to utilize
or repair oversized vehicles when authorized in writing by the business;
or
(e)
On the premises of a dining or lodging establishment while the operator
of the oversized vehicle is dining or a registered guest of the lodging
establishment.
(C)
Parking
certain vehicles in residential zones:
(1)
A
person commits an offense if the person parks or stands an oversized
vehicle, modified vehicle, box truck, dump truck, dump trailer or
utility trailer on public property within a residential zone.
(2)
An
owner of a vehicle commits a civil offense if the owner allows, suffers
or permits the parking or standing of an oversized vehicle, modified
vehicle, box truck, dump truck, dump trailer or utility trailer on
public property within a residential zone.
(3)
A
person commits an offense if the person parks or stands the following
vehicles on public or private property within a residential zone:
(4)
The
owner of a vehicle commits a civil offense if the owner allows, suffers
or permits the parking or standing of the following vehicles on private
property within a residential zone:
(5)
The
owner or lessee of real property commits an offense if the owner allows,
suffers or permits the parking or standing of the following vehicles
on private property within a residential zone:
(6)
It
shall be an affirmative defense to prosecution under this section
that the oversized vehicle is, at the time of the offense being used
in the:
(7)
A
person commits an offense if the person parks or stands a recreational
vehicle on public property within a residential zone.
(8)
The
owner of a recreational vehicle commits a civil offense if the person
allows, suffers or permits the parking or standing of the recreational
vehicle on public property within a residential zone.
(10)
A person commits an offense if the person parks a catering truck
or mobile food unit, but not including lawfully operating ice cream
trucks, at any place within a residential zone.
(11)
The owner of a catering truck or mobile food unit commits a civil
offense if the owner allows, suffers or permits the parking or standing
of a catering truck or mobile food unit at any place within a residential
zone.
(Ordinance 5021, sec. 1, adopted 10/15/94; Ordinance 5034, sec. 1, adopted 11/19/96; Ordinance 5895, sec. 1, adopted 4/19/05; Ordinance 6126, secs. 12, 13,
adopted 5/1/07; Ordinance
6671, sec. 7, adopted 1/21/14; Ordinance 7103, sec. 2, adopted 11/5/19; Ordinance 7118, sec. 2, adopted 1/7/20; Ordinance 7350 adopted 8/2/22; Ordinance 7492 adopted 12/12/2023
A person commits an offense if he suffers, allows, causes or
permits:
(1)
The
keeping of any animal in such a manner as to endanger the public health;
to annoy neighbors by the accumulation of animal wastes which cause
foul and offensive odors, or are considered to be a hazard to any
other animal or human being.
(2)
Any
animal pen, stable or enclosure in which an animal may be kept or
confined, to become offensive, as the result of animal use, to a person
of ordinary sensitivities.
(Ordinance 5895, sec. 1, adopted 4/19/05)
A person commits an offense if he permits, suffers, or allows
sewage to be exposed to the atmosphere on any lot or lots, grounds
or yards or any other place in the City so that it is or is likely
to be:
(1)
A source
of flies and fly breeding;
(2)
A source
of noxious or offensive odors and conditions inimical to the public
interest, dangerous or prejudicial to health; or
(3)
A source
of mosquitoes and mosquito breeding.
(Ordinance 5895, sec. 1, adopted 4/19/05)
The owner, occupant, property manager or other agent of either
the owner or occupant of real property that abuts a street, alley,
public easement or public right-of-way are each jointly and severally
responsible for nuisances and the abatement of nuisances under this
article on such abutting areas to the center line of the abutting
area or to the extent that the owner of the real property owns the
fee simple title to the abutting area, whichever is greater.
(Ordinance 5489, sec. 1, adopted 8/15/00; Ordinance 5895, sec. 1, adopted 4/19/05)
(A)
After
discovery of a nuisance on any real property, notice may be given
to the owner of such property directing the abatement of the nuisance
within seven (7) days if the City desires to perfect a lien for any
expenses incurred in abating the nuisance as set forth in Texas Health
& Safety Code chapter 342.
(B)
The
City may abate a nuisance relating to dangerous weeds, without notice,
if such weeds have:
(1)
Grown
higher than 48 inches; and
(2)
Are
an immediate danger to the health, life or safety to any person.
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The City shall attempt to notify the owner of the abatement
no later than 10 days after the abatement and shall allow the owner
the right to appeal charges assessed to the property for the abatement.
An administrative hearing shall be provided as referenced in section
32.84(C)(4) of this article.
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(C)
In the
event that the nuisance is based upon a determination of objectionable
or unsightly matter on the property, the owner, occupant or person
in charge of the property shall be given seven (7) days in which to
abate the nuisance.
(D)
The
request for an appeal shall be made and reviewed in accordance with
section 32.84(C)(4) of this article.
(E)
An open
sanitary sewer is a nuisance and may be abated by the City in any
manner the City deems proper, including, but not limited to, termination
of all utility service to the property.
(Ordinance 5895, sec. 1, adopted 4/19/05)
(A)
After notice to the owner of the property involved, if the owner of the property does not comply with a requirement imposed by a provision of this chapter arising under chapter 342, Texas Health and Safety Code within the time period specified, the City may do the work or make the improvements required to obtain compliance. If the City pays for the work done or improvements made, the expense so incurred shall be charged to the owner of the property together with an administrative fee in the amounts designated in the Master Fee and Rate Schedule, Article VII, Section 10.85, of Chapter 10.
(B)
On filing
with the County Clerk of Dallas County, Texas, a statement signed
by the Mayor, municipal health authority, or municipal official designated
by the Mayor of expenses actually incurred plus administrative fees,
the City shall have a lien against the premises to the extent of the
expenses and administrative fees incurred. Such lien shall be a privileged
lien, second only to tax liens and liens for street improvements.
Interest at the rate of ten percent (10%) annually shall accrue on
the expenses and fees secured by the lien. Interest shall be calculated
from the date the expenses secured by the lien were incurred by the
City and shall reach a final maturity at sixty (60) months.
(C)
For
such expenditures and interest, the City may institute suit to foreclose
the lien and a statement of expenses or certified copy thereof shall
be prima facie proof of the amount expended in such work in abatement
and the reasonableness thereof.
(Ordinance 4619, sec. 15, adopted 8/25/92; Ordinance 4820, sec. 1, adopted 11/1/94; Ordinance 5728, sec. 1, adopted 5/6/03; Ordinance 5895, sec. 1, adopted 4/19/05; Ordinance 6641, sec. 5, adopted 9/3/13; Ordinance 6804, sec. 5, adopted 9/15/15; Ordinance 7017, sec. 8, adopted 9/18/18; Ordinance
7363 adopted 9/6/2022)
(A)
The
provisions of this article shall be applicable to any nuisance within
the City limits of the City and to any nuisance outside the City limits
for a distance of five thousand (5,000) feet.
(Ordinance 5895, sec. 1, adopted 4/19/05)
(A)
A person
commits an offense if the person files a complaint alleging a health
or code compliance violation, when, at the time of its filing, the
person knows or should have known that the complaint is false.
(B)
It shall
be an offense for a person to interfere with an employee or agent
of the City in the performance of his or her duties.
(Ordinance 5895, sec. 1, adopted 4/19/05)
(A)
No person
shall throw, leave, or deposit refuse or rubbish in or on a public
or private place.
(B)
It is
especially provided that this prohibition and proscription shall include
items thrown, blown, or falling from motor vehicles. This provision
shall not be interpreted as a limitation on the general prohibition
contained herein.
(Ordinance 5895, sec. 1, adopted 4/19/05)
Nothing contained herein shall be construed to prohibit the
placement of garbage, trash, and refuse in containers for collection
so long as placement is made within the confines of acceptable containers
and is made so as to insure the prevention of the contents from being
scattered by natural elements; such as, wind and rain, and reasonably
calculated to prevent the contents from being scattered by animals.
(Ordinance 4254, sec. 1, adopted 10/18/88; Ordinance 5895, sec. 1, adopted 4/19/05)
[1]
Editor’s note–Former article II, division 2, pertaining
to junked vehicles and deriving from ordinance 5095, secs. 1, 2, adopted
7/15/97; ordinance 5123, sec. 1, adopted 10/21/97; ordinance 5412,
secs. 1, 2, adopted 10/5/99; ordinance 5599, secs. 1, 2, adopted 9/18/01;
ordinance 5895, sec. 1, adopted 4/19/05; ordinance 6009, sec. 9, adopted
6/6/06; and ordinance 6126, secs. 14, 15, 16, adopted 5/1/07; was
deleted in its entirety and replaced by ordinance 6396, sec. 2, adopted
by the City on April 20, 2010.
This division establishes procedures conforming to subchapter
E of chapter 683 of the Texas Transportation Code for the abatement
and removal from private or public property or a public right-of-way
of a junked vehicle or a part of a junked vehicle and procedures for
the abatement and removal of a junked boat, junked off-road motorcycle
or a junked all-terrain vehicle as a public nuisance.
(Ordinance 6396, sec. 2, adopted 4/20/10)
In this division:
A passenger car or truck that is at least 25 years old.
Not in running condition without the necessity of being repaired
by, for example but without limitation, installing a part or parts,
removing or replacing a damaged or missing part or parts, inflating
a tire or tires, or charging of the vehicle’s battery.
An all-terrain vehicle that is wrecked, discarded, partially
dismantled or inoperable.
A boat or personal watercraft that is wrecked, partially
dismantled, discarded, lacking a watertight hull, or inoperable.
An off-road motorcycle that is wrecked, partially dismantled,
discarded or inoperable.
A trailer that is wrecked, dismantled, partially dismantled
or inoperable.
A vehicle that is self-propelled and:
A person who:
Visible at any time of the year from any public property
or from any adjacent land (including any point below the second floor
of any building located on the adjacent land) that is owned or occupied
by a person other than the owner or occupant of the land on which
a violating vehicle is kept. In relation to an antique vehicle or
a special interest vehicle, “screened from ordinary public view”
includes screening the vehicle with a fitted cover designed or fabricated
for the make and model of the vehicle and that is good condition and
the cover does not contain rips, tears or other holes.
A motor vehicle of any age that has not been changed from
the original manufacturer’s specifications and, because of its
historical interest, is being preserved by a hobbyist.
A vehicle without motive power that is designed, adapted
or used to carry property or passengers on its own structure exclusively.
Includes a junked vehicle, junked all-terrain vehicle, junked
boat, junked trailer or junked off-road motorcycle or part thereof
that is in violation of this division.
Damaged by collision, impact or other force, or by fire or
explosion, in a manner that critically affects the proper operation
or structural integrity of the vehicle. Notwithstanding, and without
excluding other measurements or systems of damage rating, a vehicle
is considered wrecked if the vehicle has been or would be classified
on a Texas Department of Transportation Form CR-3 as having sustained
a vehicle damage rating of “3” or greater. The term does
not include damage due to ordinary wear and tear.
(Ordinance 6396, sec. 2, adopted 4/20/10; Ordinance 6648, secs. 1–2, adopted 9/17/13)
(A)
A person
commits an offense if the person causes, suffers, allows or permits
the keeping of a violating vehicle on a premises owned or controlled
by that person.
(B)
Unless
otherwise permitted by applicable law, regulation, permit, or zoning
regulations, a person commits an offense if the person causes, suffers,
allows or permits the parking or standing of a motor vehicle or a
trailer in a residential or nonresidential zone on private property,
within public view, owned or controlled by that person if the vehicle:
(C)
The
municipal court shall order abatement and removal of the violating
vehicle upon conviction.
(Ordinance 6396, sec. 2, adopted 4/20/10; Ordinance 6648, sec. 3, adopted 9/17/13; Ordinance 6740, sec. 19, adopted 10/6/14)
(A)
It is an affirmative defense to prosecution under section 32.82(A), and to the abatement procedures established by this division, that the violating vehicle:
(1)
Is
completely enclosed in a building in a lawful manner and is not within
ordinary public view; or
(B)
It is an affirmative defense to prosecution under section 32.82(A) if the vehicle is presently under repair, if the owner shows reasonable progress within the preceding 30 days toward repairing the vehicle to an operable condition, and the vehicle is lawfully parked with a fitted cover designed or fabricated for the make and model of the vehicle and that is good condition and the cover does not contain rips, tears or other holes.
(Ordinance 6396, sec. 2, adopted 4/20/10)
(A)
The
procedures set forth in this division shall be administered by regular
full-time employees of the City; provided, however, that any authorized
person may remove a violating vehicle under the authority of this
division.
(B)
The
City may seek an owner’s consent to enter private property to
examine a suspected violation of this division, to obtain information
to identify the violating vehicle, and to remove or direct the removal
of the violating vehicle. The City is authorized to obtain a search
warrant to conduct an inspection permitted by this section when consent
to enter the property for the inspection has been refused or otherwise
cannot be obtained.
(C)
No violating
vehicle removed under the authority of this division may thereafter
be reconstructed or made operable.
(D)
The
relocation of a violating vehicle to another location within the City
after a proceeding for the abatement and removal of the violating
vehicle has commenced has no effect on the proceeding if the violating
vehicle constitutes an offense at the new location.
(E)
The
City shall notify the appropriate designated state agency of the removal
of a junked vehicle not later that the fifth day after the removal
of a junked vehicle by identifying the vehicle or part of the vehicle
removed.
(Ordinance 6396, sec. 2, adopted 4/20/10)
(A)
Prior
to the abatement or removal of a violating vehicle under this division,
the City shall provide not less than ten-days’ notice of the
probable violation by certified mail with a five-day return requested
to, or delivery through the United States Postal Service with signature
confirmation service requested to:
(B)
If
the post office address of the last known registered owner of the
violating vehicle is unknown, notice may be placed on the violating
vehicle or, if the owner is located, hand delivered. If a notice is
returned undelivered, any action to abate the violating vehicle shall
be continued to a date not earlier than the eleventh day after the
date of the return.
(D)
A person entitled to notice under this section may request a hearing prior to the removal of the violating vehicle. A request for a hearing shall be made in writing and shall be delivered to the director of the department charged by the City Manager with enforcement of this division not later than ten days after receipt of the notice by the person making the request for a hearing, but in no event more than thirty days following the mailing or delivery of the notice. If a hearing is timely requested by a person for whom notice is required under subsection (A), the hearing shall be held not earlier than the eleventh day after date of the service of the notice. If no request for a hearing is timely filed by a person to whom notice is required under this section, no hearing shall be required.
(E)
A hearing officer appointed under article II, chapter 24 of this Code shall conduct any hearing provided by or required under this division.
(F)
At
any hearing conducted pursuant to this division, the violating vehicle
is presumed to be inoperable unless demonstrated otherwise by the
owner.
(Ordinance 6396, sec. 2, adopted 4/20/10)
