(a) 
Obstructions generally.
(1) 
It shall be unlawful for any person, acting either for himself or as the agent or employee of another, to obstruct any sidewalk, alley, street or highway of the city in any manner, by means of any fence, by tying any animal of any kind thereon or across the same, by placing or leaving any vehicle or machine or any animate or inanimate object thereon which is sufficient to interfere with the travel of pedestrians or vehicles, or by congregating or causing others to congregate thereon in such manner as to prevent free passage along and upon same or any part thereof.
(2) 
It is an exception to the application of this subsection that the obstruction is in compliance with subsection (b).
(b) 
Use of public way in the central business district.
(1) 
Definitions.
For the purposes of this section, the following terms, words, phrases and the derivations thereof shall have the meaning given herein.
Central business district.
See section 14.03.009(b)(1) of this code for central business district area boundaries.
Merchandise.
Any tangible or intangible property offered for display or sale and shall include but not be limited to goods, wares, tickets, publications, services or examples of goods or wares, or likenesses of items offered for sale within the adjoining businesses. The term does not include the sale of food and beverages.
Potted plants and benches.
Potted plants and benches placed for public convenience and decoration and shall not contain advertising or represent an example of merchandise for sale within the district.
Public way.
All sidewalk areas held or controlled by the city or other public entity legally open to public use.
Sign.
Any advertising signs for the tenants or property owners of the building immediately adjacent to the public way.
Special event.
Any occasion including but not limited to fairs, shows, exhibitions, citywide celebrations, festivals, and the like within a specifically defined area of the city for a time period not to exceed the period of the event.
Unobstructed pedestrian area.
An area that is at least 36 inches in width between the curb and the property line that is completely unobstructed, even with posts, and must include the sidewalk area.
(2) 
It shall be unlawful for any person to place or deposit any merchandise, food, signs, potted plants, benches, tables, or chairs within the unobstructed pedestrian area of the public way in the central business district.
(3) 
No merchandise may be sold from the public way unless allowed through a special event.
(4) 
Any tables or chairs placed in the public right-of-way shall be of sturdy, non-rusty and non-splintering construction and appropriate in color and style to the area in which they are placed.
(5) 
All potted plants and benches in the public way may be anchored so as to deter theft or vandalism, but must remain removable with minimal damage, which is easily repairable, to the sidewalk. Pots must be planted, and all plants must be non-hazardous, trimmed and maintained.
(6) 
Awning and balcony supports may be permitted within the sidewalk subject to approval by the director of engineering.
(7) 
It is a defense to prosecution under this article to the application of the foregoing prohibitions if a person:
(A) 
Is a participant in a special event and is vending on the premises designated for the special event;
(B) 
Is vending in connection with the transaction of official government business; or
(C) 
Is the grantee of a contract with the city to operate a concession on designated areas of public property.
(c) 
Erection of poles, pedestals, columns or other structures.
The erection of poles, pedestals, columns, piers or other structures for any purpose on any street, alley, sidewalk or parkway in the city is hereby prohibited; provided, however, that telephone, communication, power and light companies shall have the right to erect poles for the support of their wires, cables, etc., in such sections of the city as may be covered by their franchises.
(d) 
Deposit of gravel or hard granular substance on paved street.
(1) 
It shall be unlawful for any person by any means whatsoever place, drop, leave or cause to remain upon any paved street within the city any gravel or hard granular substance of any kind.
(2) 
The provisions of this subsection shall not apply to or prevent depositing or placing temporarily upon paved streets quantities of material for use in the construction of improvements upon public or private property contiguous thereto.
(e) 
Mixing or placing mortar, concrete, etc., on paved street.
No person shall mix, place or permit to be mixed or placed upon any paved street within the city any mortar, concrete or similar substance.
(f) 
Gates swinging over street or sidewalk.
It shall be unlawful for any person to permit a gate, on premises owned, occupied or controlled, to swing over the public right-of-way or any part of a sidewalk or street in this city.
(g) 
Signs or advertisements on sidewalks.
It shall be unlawful for any person to write, stencil, paint or paste any sign or advertisement on any sidewalk in this city.
(h) 
Signs over sidewalks.
It shall be unlawful for any person to hang, place, locate or maintain any sign over, upon or across any sidewalk within the city, except where otherwise permitted in this code.
(i) 
Banners over streets.
Signs written on canvas or other cloth material may be placed so as to extend over, along or across any street in the city, provided that no such sign shall be placed without first obtaining permission from the city manager, and such permission shall not extend over a period of more than seven (7) days.
(j) 
Clearance of tree limbs extending over streets and sidewalks.
It shall be the duty of the owner or occupant of any lot or parcel of ground within the limits of the city in front of and adjacent to which any trees are growing, so as to extend the limbs over the sidewalk and street, to keep the same trimmed up in such a manner as the limbs and branches of the same overhanging the sidewalk shall be at least seven (7) feet above such sidewalk and the limbs and branches of such trees shall be at least fourteen (14) feet above the level of the street.
(k) 
Trees, shrubs or other vegetation obstructing streets and alleys.
It shall be unlawful for any person, whether owner, occupant or tenant, to permit the growth and extension of trees, shrubs or other vegetation into or along any public streets, alleys or thoroughfares that would prevent free and unobstructed passage of any person or vehicle along or through such public streets, alleys and thoroughfares.
(l) 
Plantings in parkway.
(1) 
No tree, shrub or other type of vegetation, except lawn grass, may be planted in any parkway existing between an established curbline and property line in the city.
(2) 
"Parkway," for the purposes of this section, is defined as that property existing between an established curbline and the property line of the city.
(3) 
Any condition in violation of this section is declared a nuisance and injurious to the health, safety and comfort of the citizens of the city.
(Ordinance 6691 adopted 2/5/2024)
(a) 
Plans and specifications generally.
The city engineer is hereby directed to prepare plans and specifications for the improvement of streets and file the same with the city council. Such plans and specifications shall be made under the direction of the city manager and shall be in all respects full, complete, exact and unambiguous and shall be so drawn and prepared as to fully protect the city and abutting property owners against loss, damage and inconvenience from any cause whatever. Such plans and specifications shall contain adequate provisions for requiring the contractor to make, enter into and file a good and sufficient construction bond to secure prompt and faithful performance of the contract for constructing such improvement, and good and sufficient bond for the protection of all materialmen and laborers who shall at any time furnish any material or perform any labor for or in the construction of such improvement and may be drawn with or without provision for a maintenance bond, at the discretion of the city council. In preparing such plans and specifications, the city engineer shall specify the use of such paving materials as shall be directed by the city manager or the city council. No plans and specifications prepared as required hereby shall combine any two (2) or more of such paving materials, but each set of plans and specifications shall be complete within itself and shall specify only one (1) paving material.
(b) 
Adoption of state law.
The Texas Transportation Code, Chapter 313, is adopted as an alternative method of determining, fixing and levying assessments for permanent street improvements of the city.
(c) 
Lowering or adjusting mains and conduits prior to street paving.
(1) 
Any person maintaining, using or having any sewer, gas or water mains or any other underground conduits within any of the public streets in the city shall, when notified by the city manager that a public street then occupied by such person is going to be improved by laying a permanent pavement thereon, immediately and without any unnecessary delay and within two (2) days after receiving such written notice, begin to lower or adjust the sewer, gas or water mains or other underground conduits so maintained, used or controlled by him so as not to interfere or delay the construction of such street improvement work in any manner and in accordance with the profile of such street improvement work which may be obtained from the city engineer. Such work of lowering or adjusting underground gas, sewer or water mains or other underground conduits shall be prosecuted diligently after such second day and so as not to cause the city or anyone else any delay whatever in improving or paving the street as herein contemplated.
(2) 
If any person shall fail, refuse or neglect to comply in all things with the provisions of this section, the city shall have the right to immediately perform such work and comply with such requirements for such person, and any person failing to do such work in compliance with this section shall be liable to the city for the actual cost of performing such work together with a penalty of one hundred (100) percent to be recovered in any court having jurisdiction of the matter and the amount thereof as liquidated damages for such failure.
(d) 
Walking, riding, etc., on fresh pavement.
It shall be unlawful for any person to walk, operate a vehicle or traverse in any manner on or over any pavement on a street or sidewalk in the city which has been newly placed or constructed, until such pavement has been approved by the city engineer.
(Ordinance 6691 adopted 2/5/2024)
(a) 
Any excavation made by any utility, plumber or any other person in any improved public street shall be refilled and repaved by the city to the specifications of the city at the expense of the utility, plumber or such other person having the permit to make such excavation.
(b) 
All permits issued for excavations shall provide that the excavation shall be filled and the street repaved by the city at the expense of the utility, plumber or other person having the permit to make such excavation.
(c) 
At all times during work activity, the utility, plumber or such other person making excavation shall place and maintain all necessary and proper barriers, barricades, traffic-control devices and other safeguards, upon and around the work site area for the prevention of accidents, all in accordance with the Texas Manual on Uniform Traffic-Control Devices (TMUTCD). When necessary for public safety, the utility, plumber or such other person shall employ flagpersons whose duties shall be to control traffic around and through the work site. After daylight hours all barriers, barricades, traffic-control devices and other safeguards must be reflectorized and must be illuminated or have barricade warning lights in accordance with the TMUTCD. All barriers, barricades, traffic-control devices and other safeguards used must be removed immediately upon completion of excavation. A traffic-control plan shall be submitted with the right-of-way permit application and approved by the city engineer.
(d) 
Removal of dirt, sand, rock or other material when work completed.
It shall be the duty of any person making an excavation in or upon any street, alley or public ground to remove all dirt, sand, rock or other material from the street, alley or public ground when the work is completed.
(e) 
Access to utilities under streets.
Access to utilities under streets shall be by boring. Street cuts shall only be made in the event of an emergency and no other alternative is available with prior approval of the city engineer or his designee.
(f) 
Permit required; issuance restricted.
It shall be unlawful for any person to make any cut or excavation within the right-of-way of any street, alley or other public place within the city without first obtaining a permit from the city engineer.
(g) 
Permit application.
The application for a permit required by this subsection shall be made to the city engineer showing the location of the cut or excavation and such other information as may be required by the city engineer.
(h) 
Fees.
The city council shall establish a schedule of fees, charges and expenses, and a collection procedure for filling the excavation and repaving the street. The schedule of fees are set forth in appendix C (comprehensive fee schedule) of the city's code, which may be altered or amended only by city council.
(i) 
Emergency procedures.
In an emergency when the office of the city engineer is closed, cuts may be made, provided the public works department is notified and approved before any cut is made, and the cut is reported to the office of the city engineer the next day the office is open for business.
(Ordinance 6691 adopted 2/5/2024)
(a) 
Permit required.
No person shall construct, reconstruct or repair any sidewalk in the city without first obtaining a permit so to do from the city engineer.
(b) 
Bond.
It shall be unlawful for any person to build, construct or complete any sidewalk within the city limits, and no permit shall be issued to do so, unless such person has filed with the city clerk a bond approved by the city council. Such bond shall be in the sum of one thousand dollars ($1,000.00), payable to the city, conditioned that the principal shall faithfully and strictly comply with the regulations and ordinances relating to the construction, reconstruction and repair of sidewalks, and further conditioned that the principal shall promptly, when notified to do so by the city engineer, remedy any defect in any sidewalk constructed, reconstructed or repaired by such person, due to defective material or workmanship which shall be discovered or shall occur within one (1) year after the completion and acceptance of such work.
(c) 
Width; slope; location with respect to property line.
Shall be constructed per city engineering standards and details.
(d) 
Supervision and approval of work.
All sidewalks shall be constructed, reconstructed and repaired under the supervision and subject to the direction and approval of the city engineer, whose decision shall be final.
(e) 
Approval of materials.
Upon notice from the city engineer, no materials of any kind shall be used in the construction, reconstruction or repair of any sidewalk until they have been examined and approved by the city engineer, and the contractor shall furnish whatever samples may be required for making tests and examinations in sufficient time prior to use of same.
(f) 
Lights, barricades and warning devices.
During construction of any sidewalk, the contractor shall see that the necessary lights, barricades and other warning devices required by the city engineer are placed so that pedestrians or vehicle traffic shall not be injured in any manner.
(g) 
Removal of excess material upon completion of work.
Immediately upon completion of work under a permit required by this article, the contractor shall remove all unused materials and surplus dirt. The contractor shall ensure that the street and sidewalk are clean and usable by the public.
(Ordinance 6691 adopted 2/5/2024)
(a) 
Permit, required.
No access driveway to any street or public right-of-way within the city shall be constructed, reconstructed or repaired without a permit issued by the city, and no driveway, approach, or other improvement constructed on the right-of-way shall be relocated or its dimensions altered without a duly executed permit from the city. Application for such permit shall be made by the owner or lessee of the property, who shall represent all parties in interest, and shall be for the bona fide purpose of securing access to their property.
(b) 
Bond.
It shall be unlawful for any person to build, construct or complete any access driveway within the city limits, and no permit shall be issued to do so, unless such person has filed with the city clerk a bond approved by the city council. Such bond shall be in the sum of one thousand dollars ($1,000.00), payable to the city, conditioned that the principal shall faithfully and strictly comply with the regulations and ordinances relating to the construction, reconstruction and repair of access driveways, and further conditioned that the principal shall promptly, when notified to do so by the city engineer, remedy any defect in any access driveway constructed, reconstructed or repaired by such person, due to defective material or workmanship which shall be discovered or shall occur within one (1) year after the completion and acceptance of such work.
(c) 
Materials.
Shall be constructed per city engineering standards and details.
(d) 
Design requirements generally.
(1) 
Common design requirements for commercial and noncommercial access driveways are as follows:
(A) 
All parts of entrances and exits on street rights-of-way shall be confined within the property owner's street frontage.
(B) 
Location of access driveways shall be selected to provide maximum safety for street traffic and for users of the driveway subject to city engineering standards and details and as approved by the city engineer.
(C) 
Drainage in street side ditches shall not be altered or impeded. When drainage structures are required, the size of opening and other design features shall be approved by the city engineer.
(D) 
Radii for all access driveways within the city shall be subject to city engineering standards and details or as approved by the city engineer.
(2) 
The city may authorize or require certain changes in the design limits prescribed in this article when such changes are necessary to preserve the normal and safe movement of traffic or to permit reasonable access.
(e) 
Maintenance; inspection; correction of defects.
The maintenance of all driveways, islands and other access driveway appurtenances on the right-of-way shall be the responsibility of the property owner. The city reserves the right to inspect these installations at the time of construction and at all times thereafter, and to require that such changes, maintenance and repairs be made as may at any time be considered necessary to provide protection of life or property on or adjacent to the street. The cost of changes, maintenance and repairs shall be borne by the property owner, except as otherwise specifically provided.
(f) 
Driveways to state highways.
(1) 
The city permits access driveways to state highways.
(2) 
The city hereby adopts the regulations for access driveways to state highways, as adopted by the state highway commission and as revised in November, 1963, for use on state highways within the corporate limits of the city as such corporate limits are now established or as same may be hereafter extended. With reference to access driveways to state highways, such regulations shall govern in case of conflict with any provision of this division.
(Ordinance 6691 adopted 2/5/2024)
Violations of any of the provisions of this article are punishable as provided in Section 1.01.009 of this code.
(Ordinance 6691 adopted 2/5/2024)