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.
|
Any word not herein defined shall
be construed in the context used in ordinary interpretations.
|
(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)
