(A) 
A person commits an offense if he operates or causes to be operated, within 1,000 feet of a church, a public or private elementary or secondary school, a district restricted to residential use by the city's zoning code or a public park adjacent to a district restricted to residential use, a moving picture show or moving picture theater which exhibits a film that explicitly depicts:
(1) 
Contact between any part of the genitals of one person and the genitals, mouth or anus of another person;
(2) 
Contact between a person's mouth, anus or genitals and the mouth, anus or genitals of an animal or fowl;
(3) 
Manipulation of a person's genitals;
(4) 
Defecation; or
(5) 
Urination.
(B) 
For the purposes of division (A) above, measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building of structure used as a part of the premises where a theater or show is conducted to the nearest property line of the premises of a church or public or private elementary or secondary school, or to the nearest boundary of a district restricted to residential use by the city's zoning code, or to the nearest boundary of a public park adjacent to a district restricted to residential use.
('65 Code, §§ 10-16, 10-17) (Ordinance 706, adopted 1/17/1977)
(A) 
Definitions.
For the purposes of this section, the following terms, words, and the derivations thereof shall have the meanings given herein:
Conduct indicating a need for supervision.
Conduct defined in Texas Family Code § 51.03(b).
Criminally negligent mental state.
That mental state described in Texas Penal Code § 6.03(d).
Delinquent conduct.
That conduct defined in Texas Family Code § 51.03(a).
Minor child.
Any person under the age of 17 years who has not been otherwise emancipated.
Parent.
The mother, father, legal guardian or other person having the care or custody of a minor child.
Reckless mental state.
That mental state described in Texas Penal Code § 6.03(c).
(B) 
Offenses.
(1) 
A parent commits an offense when, acting with the intent to promote or assist the commission of an offense under this Code, such parent solicits, encourages, directs, aids, or attempts to aid his minor child to commit an offense.
(2) 
A parent commits an offense if, acting with a reckless or criminally negligent mental state, he fails to perform a personal duty as set forth below.
(C) 
Parental duties.
(1) 
It is the continuous duty of a parent of a minor child to exercise reasonable control to prevent the minor child from engaging in delinquent conduct or conduct indicating a need for supervision.
(2) 
The following are specific parental duties:
(a) 
Keeping illegal drugs and illegal firearms out of the home;
(b) 
Providing reasonable supervision of the minor child;
(c) 
Forbidding the minor child from keeping stolen property, or illegally possessing firearms or illegal drugs; and
(d) 
Timely retrieving the minor child from the custody of law enforcement officers on notification of the minor child's release from the law enforcement authority's custody.
(D) 
Administration and application.
Law enforcement officers, prosecutors and judges are directed that the primary goal of this section is to bring about positive change in parental behavior. Circumstances of the individual defendant should be considered. Where appropriate, nonpunitive alternatives such as deferred adjudication conditioned upon counseling or parenting courses are preferred.
('65 Code, § 10-13) (Ordinance 509, adopted 1/15/1973; Am. Ordinance 2342, adopted 7/7/1998)
(A) 
Definitions.
For the purposes of this section, the following terms, words, and the derivations thereof shall have the meanings given herein.
Facsimile firearm.
Any device that so closely appears to be a firearm in size, shape, color, or design that it (1) can only be differentiated from a firearm through close inspection, or (2) is likely to cause alarm by the general public.
Firearm.
Any shotgun, rifle, pistol, BB gun, air rifle, bow, or other device or instrumentality capable of propelling bullets, shot, arrows, or other solid or compact substance, whether propelled by powder, fire, or other force or by combination of such forces.
(B) 
Offenses.
(1) 
It shall be unlawful for any person to shoot, explode, or discharge any firearm within the corporate limits of the city.
(2) 
It shall be unlawful for any person to display or brandish a facsimile firearm in a public place or any place a firearm is prohibited by state law within the corporate limits of the city.
(3) 
It shall be unlawful for any person to possess a facsimile firearm in any place a firearm is prohibited by state law within the corporate limits of the city.
(4) 
It shall be unlawful for any person under 17 years of age to possess a facsimile firearm in a public place within the corporate limits of the city.
(5) 
It shall be unlawful for any person to display or brandish a firearm or a facsimile firearm in any manner that causes alarm or reaction of any type by an officer or official of a public safety agency or a voluntary agency organized to deal with emergencies.
(C) 
Defenses.
It is a defense to prosecution under this section that the actor was engaged in any of the following:
(1) 
The protection of persons or property as authorized by Chapter 9 of the Texas Penal Code;
(2) 
The enforcement of any state, federal, or local law by a legally authorized peace officer;
(3) 
An activity or use authorized by the comprehensive zoning ordinances as adopted by reference in chapter 153 of this Code;
(4) 
An event, performance, demonstration or ceremony authorized through the City of Carrollton permit process wherein the firearm or facsimile firearm is significant to the activity; or
(5) 
An event, performance, demonstration or ceremony sponsored and conducted by a subdivision of federal, state or local government or school district wherein the firearm or facsimile firearm is significant to the activity.
(D) 
Neither allegation nor evidence of a culpable mental state is required for the proof of an offense defined by this section.
('65 Code, § 10-3) (Ordinance 261, adopted 12/16/1963; Am. Ordinance 1615, adopted 2/20/1990; Am. Ordinance 2742, adopted 11/19/2002; Am. Ordinance 3562, adopted 8/20/2013)
A person commits an offense if he uses the official flag, seal, shield, logo, badge or other insignia of the city or a department of the city or a facsimile of the flag, seal, shield, logo, badge, or other insignia of the city or a department of the city for either of the following:
(1) 
For commercial purposes; or
(2) 
To signify or imply sponsorship or approval by an agency or department of the city.
('65 Code, § 10-23) (Ordinance 1767, adopted 1/12/1992)
(A) 
A person commits an offense who engages in activity in a public place in a manner and under circumstances manifesting the purpose of inducing, enticing, soliciting, or procuring another to commit an act of prostitution. Among the circumstances which may be considered in determining whether such purpose is manifested are that such person is a known prostitute or panderer and that such person repeatedly beckons to, stops or attempts to stop, or engages passersby in conversation, or repeatedly stops or attempts to stop motor vehicle operators by hailing, waiving of arms, or any other bodily gesture. No arrest shall be made for a violation of this section until the arresting officer first affords such person an opportunity to explain such conduct; and no one shall be convicted of violating this section if it appears at trial that the explanation given was true and disclosed a lawful purpose.
(B) 
For the purpose of this section, a "known prostitute or panderer" is a person who, within one year previous to the date of arrest for violation of this section, has been convicted of prostitution, promotion of prostitution, aggravated promotion of prostitution or compelling prostitution, or criminal attempt of any such offense, or if the officer knows facts which, if presented to a judge, would lead the judge to believe that the defendant is a prostitute or a panderer.
(C) 
The definition of prostitution in the Texas Penal Code shall apply to this section.
(Ordinance 2139, adopted 2/20/1996)
(A) 
A person commits an offense by urinating or defecating:
(1) 
In or on a public street, alley, sidewalk, yard, park, building, structure, plaza, public or utility right-of-way, or other public place; or
(2) 
In public view.
(B) 
It is a defense to prosecution under this section if the person was in a restroom.
(Ordinance 2122, adopted 1/9/1996)
(A) 
A person commits an offense who engages in activity in a public place in a manner and under circumstances manifesting the purpose of selling any illegal controlled substance, dangerous drug, simulated controlled substance, or volatile chemical. Among the circumstances that may be considered in determining whether such a purpose is manifested are the following:
(1) 
The person is a known drug dealer;
(2) 
The person is at a location frequented by persons who use, possess, or sell drugs;
(3) 
The person repeatedly engages in conversation with passersby, whether on foot or in a vehicle; or
(4) 
The person repeatedly passes to or receives from passersby, whether on foot or in a vehicle, money, objects or written material.
(B) 
No arrest shall be made for a violation of division (A) unless the arresting officer first affords the person an opportunity to explain the conduct, and no one shall be convicted of violating division (A) if it appears at trial that the explanation given was true and disclosed a lawful purpose.
(C) 
For the purpose of this section, a "known drug dealer" is one who, within one year previous to the date of arrest for violation of this section, has been convicted of the manufacture, sale, or delivery of any illegal controlled substance, dangerous drug, simulated controlled substance, or volatile chemical.
(Ordinance 2138, adopted 2/20/1996)
(A) 
Certain noises prohibited.
It shall be unlawful for any person to make, cause to be made, or allow any loud, disturbing or unnecessary noise in the city which is offensive to the ordinary sensibilities of any individual in the city, which noise renders the enjoyment of life or property uncomfortable, or interferes with the public peace and comfort. The following acts are declared to create loud, disturbing and unnecessary noises in violation of this section:
(1) 
Operating or permitting to be operated any radio receiver set, musical instrument, television, phonograph, stereo, drum machine or other such device in a manner that unreasonably disturbs or interferes with the peace, comfort and repose of people of ordinary sensibilities in the vicinity.
(2) 
Operating or permitting to be operated any loudspeaker or sound-amplifying equipment in a fixed or movable position mounted on any vehicle in or upon any street, alley, sidewalk, park, place or public property, or in any building or any premises in the city, whereby the sound therefrom is cast directly upon a public street or which is so placed or operated that the sounds therefrom can be heard to the annoyance of travelers on any streets or public places, or of persons in the neighboring premises.
(3) 
Operating of model aircraft, boats, vehicles or other such devices powered by internal combustion or other loud engines, whether tethered or not, within 1,000 feet of a residential area between the hours of 10:00 p.m. and 7:00 a.m. the following day.
(4) 
The sounding of any horn or signal device on any automobile, motorcycle, bus or other vehicles except as a danger signal, and as may be required by law if another vehicle is backing, starting or turning such a way as to likely cause a collision.
(5) 
The use of any motor vehicles so out of repair or so loaded, which emits or creates loud or unnecessary grating, grinding or rasping noises.
(6) 
The discharge into the open air of the exhaust of any motor vehicle except through a muffler, or other device, which will effectively and efficiently prevent loud and unusual noises.
(7) 
The unnecessary continuous acceleration or racing of a motor vehicle or motor vehicle engine, creating a loud noise adjacent to or in a single- or multi-family residential area.
(8) 
The operation of construction equipment or machinery within 1,000 feet of any residence any time except during the hours between 6:00 a.m. and 8:00 p.m. on weekdays and 8:00 a.m. to 7:00 p.m. on Saturdays.
(9) 
The operation of construction equipment or machinery within 1,000 feet of any residence on Sundays and the following holidays, regardless of the day of week:
(a) 
New Year's Day,
(b) 
Memorial Day,
(c) 
Independence Day,
(d) 
Labor Day,
(e) 
Thanksgiving Day and the following Friday,
(f) 
Christmas Day.
(10) 
The operation of solid waste collection vehicles for residential and commercial solid waste and recycling container collection and solid waste compaction within 500 feet of a residential area between the hours of 10:00 p.m. and 7:00 a.m.
(11) 
The engagement in activities associated with commercial or industrial businesses that creates a loud or disturbing noise including, but not limited to loading or unloading operations, outdoor facility maintenance, the outdoor use of gasoline-powered or high-pressure equipment for sanitation and maintenance purposes, or liquid waste removal within 500 feet of a residential area between the hours of 10:00 p.m. and 7:00 a.m.
(12) 
The operation of any powered lawn and garden equipment including, but not limited to, lawn mowers, edgers, leaf blowers, clippers, and garden tillers within 500 feet of a residential area between the hours of 10:00 p.m. and 7:00 a.m.
(13) 
The operation of engine-generators between the hours of 10:00 p.m. and 7:00 a.m.
(B) 
Affirmative defenses.
It is an affirmative defense to prosecution under this section that:
(1) 
Amplifiers are used on vehicles operated by ice cream and snow cone vendors to produce jingles or music to attract children as patrons. However, such amplified jingles or music shall not be produced by such vendors in a loud manner offensive to the ordinary sensibilities of inhabitants of the city or in such a manner so as to interfere with public peace and comfort. Nor shall such amplified jingles or music be produced between sunset 10:00 p.m. and 8:00 a.m.
(2) 
Noise is caused in the performance of emergency or public service, including police, fire, environmental services, public works, and public utility operations, acting in the performance of lawful duties to protect the health, safety, or welfare of the community.
(3) 
Noise occurs between the hours of 8:00 a.m. to 11:00 p.m. and is caused by the use of amplification equipment or sounds created at official municipal functions, parades approved by the city, events occurring at the Carrollton Amphitheater as a municipal function, or the use of amplification equipment in conjunction with functions or events for which a special event permit has been issued under city ordinance Chapter 117.
(4) 
Noise is caused by engine-generators during a power outage for the purposes of maintaining residential, commercial, institutional, or industrial utility services.
(C) 
Culpable mental state not required.
Neither allegation nor evidence of a culpable mental state is required for the proof of an offense defined by this subsection (A) of this section.
(Ordinance 2195, adopted 8/6/1996; Am. Ordinance 2289, adopted 11/18/1997; Am. Ordinance 3201, adopted 1/15/2008; Ordinance 3929, §§ 2—8, 10/15/2019)
[1]
Editor's note—Former § 130.19, which pertained to curfew hours for minors and derived from Ordinance 2343, adopted 7/7/1998; Ordinance 3140, adopted 6/5/2007; Ordinance 3374, adopted 4/6/2010; Ordinance 3536, adopted 1/22/2013; Ordinance 3735, adopted 2/2/2016; Ordinance 3895, adopted 2/5/2019; Ordinance 4060, adopted 3/8/2022, was repealed by Ordinance 4152, adopted 7/25/2003.
(A) 
Definitions.
For the purposes of this section, the following terms, words, and the derivations thereof shall have the meaning given herein:
Minor child.
Any person under the age of 17 years who resides with his or her parent, as defined herein, and has not otherwise been emancipated.
Parent.
The mother, father, legal guardian, or other person having the care or custody of a minor child.
Parental direction.
Any direction given a minor child by his parent that relates to the reasonable supervision of the minor child.
Runaway.
A minor child who has absented himself voluntarily from his home or place of residence without the consent of his parent, as defined herein.
(B) 
Offense.
It shall be unlawful for a minor child to intentionally or knowingly become a runaway in defiance of or for the purpose of not complying with parental direction.
(Ordinance 2344, adopted 7/7/1998)
(A) 
Definitions.
For the purposes of this section, the following terms, words, and the derivations thereof shall have the meaning given herein:
Graffiti.
Any indelible inscription, marking, slogan, or drawing made on any tangible property without the effective consent of the owner thereof.
Graffiti paraphernalia.
Any tool, instrument, or equipment designed, made, or adapted for the purpose of making graffiti.
Indelible.
The characteristic or property of being difficult or impossible to remove, wash away, or erase.
Minor child.
Any person under the age of 17 years who has not otherwise been emancipated.
(B) 
Offenses.
It shall be unlawful for a minor child to intentionally or knowingly possess graffiti paraphernalia with the intent of making graffiti.
(C) 
The following circumstances may give rise to an inference of an intent to make graffiti, but are not intended to be a list of all circumstances from which such an inference could arise:
(1) 
A Peace Officer or Code Enforcement Officer has recently received a report complaining of graffiti, and identifying the maker thereof, the description of which matches a minor child found in the area of the reported graffiti possessing graffiti paraphernalia capable of making the graffiti that is the basis of the report.
(2) 
A Peace Officer or Code Enforcement Officer observes a minor child in the area of recently made graffiti possessing graffiti paraphernalia capable of making the graffiti.
(Ordinance 2345, adopted 7/7/1998; Am. Ordinance 2805, adopted 5/20/2003)
(A) 
Definitions.
For the purposes of this section, the following terms, words, and derivations thereof shall have the following meaning:
Appropriate supervisor.
The Director of Parks and Recreation or the Director of Library Services, as determined by the premises on which the permission to use video recording or photography is sought, or his designee.
(B) 
Approval required for video recording and photography within a city library, pool, or recreation center.
It shall be unlawful for any person to photograph or make any kind of video recording within a city library, pool, or recreation center without the permission of an appropriate supervisor.
(C) 
Use of any device capable of recording a photographic or video image in certain city facilities prohibited.
It shall be unlawful for a person to use any device capable of recording a photographic or video image or to possess any device in hand prepared for use that is capable of recording a photographic or video image inside a locker room or restroom within any city facility.
(D) 
No culpable mental state required.
Neither allegation nor evidence of a culpable mental state is required for the proof of an offense defined by this section.
(E) 
Affirmative defense.
It is an affirmative defense to offenses under sections (B) and (C) if the device was off, or secured within a case, cover, other item designed to carry the device which incapacitates the device from recording an image.
(Ordinance 2913, adopted 8/17/2004; Am. Ordinance 2931, adopted 9/21/2004)
(A) 
Definitions.
For the purposes of this section, the following terms, words, and the derivations thereof shall have the meanings given herein.
Child or minor.
A person younger than (17) years of age.
Child safety zone.
Premises where children commonly gather, including but not limited to: a childcare center; public or private school; public park; playground; public or private youth center; public swimming pool; video arcade facility; or general residential operation operating as a residential treatment center. For purposes of Ordinance No. 4249, planted street medians are not public parks.
Permanent residence.
A place where a person abides, lodges, or resides for fourteen (14) or more consecutive days.
Registry or register.
Texas Public Sex Offender Registry maintained by the Texas Department of Public Safety, pursuant to chapter 62 of the Texas Code of Criminal Procedure.
Reportable conviction or adjudication.
Offense and disposition as defined in article 62.001 of the Texas Code of Criminal Procedure, as amended.
Temporary residence.
A place where a person abides, lodges, or resides for fourteen (14) or more days in the aggregate during any calendar year and which is not the person's permanent address, or a place where a person routinely abides, resides, or lodges for a period of four (4) or more consecutive or nonconsecutive days in any month and which is not the person's permanent residence.
(B) 
Offenses.
(1) 
It is unlawful for a person to establish a permanent residence or temporary residence within 1,000 feet of a child safety zone if the person is required to register on the Registry because of a reportable conviction or adjudication.
(2) 
Evidentiary matters; measurements.
(a) 
It shall be prima facie evidence that this section applies to such a person if that person's reportable conviction or adjudication appears on the Registry.
(b) 
For the purposes of determining the minimum distance separation, the requirement shall be measured by following a straight line from the outer property line of the permanent or temporary residence to the nearest property line of the premises where children commonly gather, as described herein above, or, in the case of multiple residences on one property, measuring from the nearest property line of the premises to the nearest property line of the premises where children commonly gather, as described herein.
(c) 
A map depicting the prohibited areas shall be maintained by the City of Carrollton. The city shall review the map at least annually for changes. Said map will be available to the public at the Carrollton Police Department.
(3) 
Culpable, mental state not required.
Neither allegation nor evidence of a culpable mental state is required for the proof of any offense defined by this chapter.
(4) 
Affirmative defenses.
It is an affirmative defense to prosecution that any of the following conditions apply:
(a) 
The person required to register established the residence prior to the date of arrest for a reportable conviction or adjudication and prior to the date of the adoption of Ordinance No. 4249.
(b) 
The person required to register was a minor at the time the offense requiring such registration and was not certified as an adult for criminal prosecution.
(c) 
The premises of the child safety zone was opened after the person required to register established the residence, and the person has maintained compliance with all sex offender registration laws of the State of Texas.
(d) 
The information on the Registry is incorrect, and, if corrected, this section would not apply to the person who was erroneously listed on the Registry.
(Ordinance 3056, adopted 5/2/2006; Ordinance 4249 adopted 4/1/2025)
(A) 
Definitions.
For the purposes of this section, the following terms, words, and derivations thereof shall have the following meaning:
Person
shall mean an individual, corporation, partnership, wholesaler, retailer or any licensed or unlicensed business.
Illegal smoking product
shall mean any plant or other substance, whether described as tobacco, herbs, incense, spice or any blend thereof, regardless of whether the substance is marketed for the purpose of being smoked, which includes any one or more of the following substances or chemicals:
(1) 
Salvinorin A: Contained within the Salvia Divinorum plant, whether growing or not; or possessed as an extract, compound, manufacture, derivative, mixture, or preparation of such plant;
(2) 
2-[(IR, 3S)-3-hydroxycyclohexyl]-5-(2-methylocatan-2-yl) phenol (also known as CP 47, 497) and homologues;
(3) 
l-Pentyl-3-(l-naphthoyl) indole (also known as JWH-OI8); or
(4) 
Butyl-3-(l-naphthoyl) indole (also known as JWH-073).
Ingestion device
shall mean equipment, a product or material that is used or intended for use in ingesting, inhaling, or otherwise introducing an illegal smoking product into the human body, including:
(1) 
A metal, wooden, acrylic, glass, stone, plastic, or ceramic pipe with or without a screen, permanent screen, hashish head, or punctured metal bowl;
(2) 
A water pipe;
(3) 
A carburetion tube or device;
(4) 
A smoking or carburetion mask;
(5) 
A chamber pipe;
(6) 
A carburetor pipe;
(7) 
An electric pipe;
(8) 
An air-driven pipe;
(9) 
A chillum;
(10) 
A bong; or
(11) 
An ice pipe or chiller.
(B) 
Violation.
(1) 
It shall be unlawful for any person to use, possess, purchase, barter, give, publicly display, sell or offer for sale any illegal smoking product.
(2) 
It shall be unlawful for any person to use or possess an ingestion device with the intent to inject, ingest, inhale or otherwise introduce into the human body an illegal smoking product.
(3) 
Any person found to be violating any term or provision of this section, shall be subject to a fine in accordance with section 10.99 of the Code of Ordinances of the City of Carrollton for each offense. Every day a violation continues shall constitute a separate offense.
(4) 
Allegation and evidence of a culpable mental state is not required for proof of an offense defined by this chapter.
(C) 
Affirmative defense and exception.
(1) 
It shall be an affirmative defense for a person charged with an offense for possession or use of an illegal smoking product that the use or possession was pursuant to the direction or prescription of a licensed physician or dentist authorized to direct or prescribe such act.
(2) 
It shall not be a violation of this section if the sale or possession of Salvinorin A was in conjunction with ornamental landscaping and used solely for that purpose.
(Ordinance 3389, adopted 9/7/2010)
(A) 
Definitions.
For the purposes of this section, the following terms, words, and the derivations thereof shall have the meanings given herein:
Alcoholic beverage
means alcohol, or any beverage containing more than one-half of one percent of alcohol by volume, which is capable of use for beverage purposes, either alone or when diluted.
Beer
means a malt beverage containing one-half of one percent or more of alcohol by volume and not more than four percent of alcohol by weight.
Downtown Square
means that area in downtown Carrollton bound by Elm Street, Main Street, Broadway, and Fourth Street.
Mixed beverage
means one or more servings of a beverage composed in whole or part of an alcoholic beverage in a sealed or unsealed container of any legal size for consumption on the premises where served or sold by the holder of a mixed beverage permit, the holder of a daily temporary mixed beverage permit, the holder of a caterer's permit, the holder of a mixed beverage late hours permit, the holder of a private club registration permit, or the holder of a private club late hours permit.
Public place
means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.
Wine and vinous liquor
means the product obtained from the alcoholic fermentation of juice of sound ripe grapes, fruits, berries or honey, and includes wine coolers.
(B) 
Offenses, exceptions, penalty and enforcement.
(1) 
Streets, sidewalks and public transit centers.
It shall be unlawful for any person to consume any alcoholic beverage on any public street, alley, sidewalk, public parking lot or public transit center in the city.
(2) 
Public places.
It shall be unlawful for any person to consume any alcoholic beverage on any public place adjacent to any street, sidewalk or alley in the city. However, such consumption shall be lawful if:
(a) 
Business establishment.
The public place is a permitted place for the consumption of alcohol holding a valid Texas Alcoholic Beverage Commission ("TABC") liquor permit and any applicable city permit;
(b) 
Special event.
(i) 
The alcoholic beverage is sold or dispensed by the holder of a TABC permit and any applicable city permit;
(ii) 
The alcoholic beverage is sold or dispensed in compliance with an approved special event permit; and
(iii) 
The area designated for alcohol dispensing and consumption is provided within an enclosure (barrier or sides) with secured ingress and egress. Additionally, the area designated for the dispensing or service of alcohol shall be covered by a roof.
(c) 
Downtown Square.
(i) 
The beer and/or wine and vinous liquor is sold or dispensed by the holder of a valid, appropriate state alcoholic beverage commission alcoholic beverage permit during a properly permitted special event within Downtown Square. The area designated for dispensing and consumption of beer and/or wine and vinous liquor shall be within a designated, enclosed area (barrier or sides).
(ii) 
The area designated for dispensing and consumption of mixed beverages shall be within an enclosure (barrier or sides) with secured ingress and egress. Additionally, the area designated for the dispensing or service of alcohol shall be covered by a roof.
(d) 
Golf course.
(i) 
On a golf course that holds a valid TABC permit and applicable city permit; and
(ii) 
On a street crossing designated for direct travel between sections of a golf course that holds a valid TABC permit and applicable city alcoholic beverage permit and that crossing is being used only by a golf course patron for the brief travel necessary to safely cross the public roadway.
(e) 
Private events at the Senior Center or Perry Museum.
(i) 
The alcoholic beverage is dispensed by the holder of a TABC permit at a private event within the Senior Center or Perry Museum.
(ii) 
The applicant for the private event shall provide the city with any and all necessary TABC and city permits, facility rental agreements, which will require additional insurance, the applicable deposit, and police presence, if required by the Chief of Police, during the event.
(iii) 
For purposes of this subsection (e), alcoholic beverages are limited to beer, wine and vinous liquor only.
(iv) 
Alcohol shall only be allowed at events occurring after the regular hours of operation for the facility where the private event will occur.
(f) 
City Events in Downtown Square.
An event held by the City within the Downtown Square where a special event permit is procured but no sales of beer and/or wine and vinous liquor are permitted. Attendees are permitted to consume beer and/or wine and vinous liquor within the Downtown Square, as defined, during the permitted hours of the event, but no later than 2:15 a.m. on any day.
(3) 
Security.
The applicant for an event to be held under [subsection] (B)(2) of this section shall be required to fund the cost of off-duty City Police Officers to monitor and provide security for the event. The City Manager or designee will determine whether officer presence is required and will determine the number of officers required based upon factors such as date and time of event, duration of event, nature of the event, number of persons expected to attend the event, or other factor the City Manager or designee believes is necessary for a determination.
(4) 
Penalty and enforcement.
(a) 
Any failure to comply with the provisions of this section shall constitute a misdemeanor and any person upon conviction thereof shall be punished by a fine in accordance with section 10.99.
(b) 
Possession in a public place of an open container of any alcoholic beverage shall be prima facie evidence of an offense under this section.
(c) 
Neither allegation nor evidence of a culpable mental state is required for the proof of an offense defined by this section.
(Ordinance 3477, adopted 2/21/2012; Am. Ordinance 3611, adopted 5/6/2014; Am. Ordinance 3744, § 1, adopted 2/16/2016; Am. Ordinance 4052, § 1, 1/25/2022)
[1]
Editor's note—Former § 130.27, which pertained to electronic cigarettes and minors and derived from Ordinance 3609, adopted 4/15/2014, was repealed by Ordinance 4050, adopted 1/25/2022.
(A) 
Definitions.
For the purposes of this section, the following terms, words, and the derivations thereof shall have the meanings given herein.
Catalytic converter.
An exhaust emission control device that reduces toxic gases and pollutants from internal combustion. This includes any material removed from a catalytic converter.
Metal recycling entity.
A business that is operated from a fixed location and is predominantly engaged in the practice as defined in the Texas Occupations Code, Title 12, Chapter 1956.
(B) 
Possession of a catalytic converter.
(1) 
It shall be unlawful for any person or entity other than a metal recycling entity to possess a used catalytic converter that was removed from a motor vehicle unless the individual or entity can:
(a) 
Provide proof of ownership of the motor vehicle from which the converter was removed, and can reasonably link the catalytic converter to the vehicle; or
(b) 
Sufficient proof is submitted that the possession of the catalytic converter lawfully passed from the owner of the vehicle from which the converter was removed to the person or entity in possession of the converter.
(Ordinance 4130, § 2, 2/21/2023)
Whoever violates any provision of this chapter shall be punished as provided in section 10.99.
(Ordinance 3609, adopted 4/15/2014)