(a) 
Definitions.
Acrobatic flying.
Any intentional airplane maneuver or stunt not necessary to air navigation, or operation of aircraft in such manner as to endanger human life or safety by the performance of unusual or dangerous maneuvers.
Aircraft.
Any aeroplane, airplane, gas bag, flying machine, balloon, glider, and any contrivance now known or hereafter invented, used or designed for navigation of or flight in the air, except a parachute or other contrivance used primarily as safety equipment.
(b) 
Exceptions.
The provisions of this section shall not apply to public aircraft of the federal government, or of a state, or territory, or of a political subdivision of a state or territory, or to aircraft licensed by a foreign country with which the United States has a reciprocal agreement covering operation of such aircraft.
(c) 
Compliance with rules of Federal Aviation Administration.
No person shall operate any aircraft over or within the city in violation of any valid air traffic or other rule or regulation established by the Federal Aviation Administration. Other than to abide by Federal Aviation Administration regulations or instructions, it shall be unlawful for any person to operate any aircraft over the city at an altitude of less than 1,000 feet except while in the act of taking off or landing.
(d) 
Acrobatic flying.
Acrobatic flying by any person flying over any portion of the city is hereby prohibited.
(e) 
Landing at other than established airport.
Except in case of emergency, it shall be unlawful for any person to take off or land or, being the owner of any aircraft, to permit or authorize the taking off or landing of any aircraft within the corporate limits of the city, except upon a regularly established airport or landing place, without having first obtained a permit as hereinafter provided.
(1) 
Applicants for landing any aircraft within the corporate limits of the city under this article shall make a sworn application to the city upon forms to be furnished by the billing and collection office of the city at least 5 days prior to the landing event. Each application shall give the following information:
(A) 
Full name and all information contained on the driver’s license of the applicant and each pilot working under the permit;
(B) 
Permanent home address and present local address of the applicant;
(C) 
Name and home office address of the applicant’s employer;
(D) 
A site plan showing the proposed landing site, including:
(i) 
Any proposed security measures to keep the takeoff and/or landing site secure during aircraft operations;
(ii) 
Emergency landing sites in the area in the event of a complete power failure at the permitted site;
(iii) 
Ingress and egress to the site;
(E) 
Written permission of the owner of the property to land an aircraft on the proposed site;
(F) 
Proposed dates and times for landing at the proposed site;
(G) 
A copy of the applicant’s driver’s license or other identification card;
(H) 
Name of property owner and address of the property where the landing will occur;
(I) 
Copy of applicant’s and/or applicant’s employees’ pilot’s licenses;
(J) 
Description, make, model of the aircraft to be used when landing at the proposed site;
(K) 
Written description of the purpose for landing at the proposed site; and
(L) 
Any waivers or notices required by Federal Aviation Regulations to be issued by or given to the FAA.
(2) 
Each application shall be accompanied with payment of a processing fee of twenty-five dollars ($25.00). There shall also be charged a fee of fifty dollars ($50.00) for any required investigation of the proposed site location by the city police department. These fees shall be applied to the expenses incurred in processing the application and enforcing this article.
(3) 
Each application or a copy thereof shall be referred to the city police department for investigation and approval of the proposed landing site.
(4) 
Any application for landing an aircraft inside the corporate limits of the city may be denied or such permit may be revoked for any of the following reasons:
(A) 
Any misrepresentation or false statement contained in the application for the permit;
(B) 
A violation of any of the provisions of this article;
(C) 
The proposed landing would not comply with federal or state law or city ordinance or would endanger persons or property;
(D) 
The landing blocks streets, rights-of-way, access or driveways;
(5) 
Upon the denial or revocation of an aircraft landing permit, the city’s police chief shall notify in writing the applicant or permittee of the reason for such denial or revocation.
(6) 
Each aircraft landing permit issued under the authority of this article shall be valid for the period of anticipated use of the applicant, but not to exceed ninety (90) days from the date it is issued, or until revoked under the provisions of this article.
(7) 
Every pilot who has secured a permit under the authority of this article shall keep a copy of any permit upon the aircraft at all times and shall display the same upon the request of any city official or policeman.
(8) 
The permits issued under the authority of this article shall not be transferable or assignable.
(9) 
It shall be unlawful for any person other than the person to whom the permit was issued to display or otherwise use any aircraft landing permit.
(10) 
Upon the submission of prior written permission of the property owner to the police chief, but without obtaining a permit, a person may also land an aircraft upon the following approved landing zones:
City of Odessa - at any site so designated and approved by the city manager and the police chief.
ECISD - at any campus site so designated and approved by the superintendent of the school district and the police chief.
Odessa College - at any campus site so designated and approved by the president of the college and the police chief.
UTPB - at any campus site so designated and approved by the president of the university and the police chief.
Ector County - on any Ector County property located within city limits so designated and approved by the county judge and the police chief.
(f) 
Unnecessary noise.
Unnecessary noise by operators of aircraft within or over the corporate limits of the city is hereby prohibited.
(g) 
Dropping objects from aircraft.
No person in any aircraft shall cause or permit to be thrown out, discharged or dropped within the corporate limits of the city any object or thing, except loose water or loose sand ballast when absolutely essential to the safety of the occupants of the aircraft.
(h) 
Distribution of circulars, handbills, etc.; loudspeaking devices.
No person shall distribute circulars, handbills or advertising material of any nature whatsoever from nor operate a loudspeaking device from any aircraft flying within or over the corporate limits of the city.
(i) 
Penalty.
Any person, firm or corporation violating any provision of this section shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not to exceed two thousand dollars ($2,000.00).
(Ordinance 64-44, secs. 1–9, adopted 8/11/64; Ordinance 69-41, sec. 2, adopted 5/27/69; 1957 Code, sec. 10-1; Ordinance 2010-16, sec. 1, adopted 5/25/10)
(a) 
Definitions.
Pellet gun, air gun, air pistol, paintball gun or BB gun.
A gun that discharges shots, pellets, BBs, paint or any other solid objects by means of compressed air, compressed gas, springs, or other similar means.
Slingshot.
A forked stick or forked piece of wood, plastic, or other hard material with a rubber band or other type of elastic material capable of shooting, discharging, or catapulting hard objects.
(b) 
Shooting BB gun or air gun.
It shall be unlawful for any person to shoot or in any manner whatsoever discharge any kind, brand, or type of pellet gun, air gun, air pistol, or BB gun within the corporate limits of the city.
(c) 
Shooting paintball gun.
It shall be unlawful for any person to shoot or in any manner whatsoever discharge a paintball gun within the corporate limits of the city so that the paint discharged travels on, along or across any public street, sidewalk, alley or other public property or on, along or across any private property which is not owned or controlled by the person or his immediate family who discharged such paintball gun, except as provided by subsection (h) below.
(d) 
Shooting slingshot.
It shall be unlawful for any person to shoot a slingshot, or catapult or discharge therefrom any object, within the corporate limits of the city.
(e) 
Parental responsibility.
It shall be unlawful for any parent, legal guardian or other person having legal custody or control of any child under the age of eighteen (18) years to permit such child to shoot or otherwise discharge any kind, brand, or type of pellet gun, air gun, air pistol, slingshot, BB gun or paintball gun except as otherwise provided herein within the corporate limits of the city. A violation of any portion of this section by any child under the age of eighteen (18) years shall be prima facie evidence of the guilt of the parent, legal guardian, or other person having legal custody of any such child.
(f) 
It shall be unlawful for any person other than a person licensed to carry a handgun under subchapter H, chapter 411, Government Code, to possess or bring into a public park any pellet gun, air gun, air pistol, paintball gun, BB gun or slingshot. It shall be an affirmative defense to any charge that written permission was provided by the director or parks and recreation for a special event.
(g) 
It shall be unlawful for any person to possess or bring into a public park a slingshot. It shall be an affirmative defense to any charge that written permission was provided by the director of parks and recreation for a special event.
(h) 
Exceptions.
The provisions of this section shall not apply to:
(1) 
The discharge of a pellet gun, air gun, air pistol, paintball gun or BB gun by a person under the supervision of an accredited educational program utilizing an accredited, entirely enclosed facility;
(2) 
The discharge of a firearm in a regularly established and properly supervised shooting range or gallery or other location properly registered in accordance with this code;
(3) 
The discharge of a paintball gun on a supervised paintball course. Paintball courses shall occupy at least three acres of land and the owner thereof shall take all necessary precautions to make the operation of the course safe and in no way or manner of operation a danger to persons on the street or public places within the city. The course shall be established and used in accordance with this code or any other ordinances of the city governing the operation of such establishment; provided, that the paintball gun is reasonably aimed at or intended to strike a target or other object provided for that purpose of the use and enjoyment of the paintball course. Nothing contained in these exceptions shall permit the discharging of a paintball gun whereby the projectile passes over or falls on the land of another or public right-of-way;
(4) 
The discharge of a paintball gun on private property owned or controlled by the person shooting is allowed as long as the discharge is no closer than 150 feet from any structure, except that of the owner, used for human habitation.
(i) 
Penalty.
Any person violating any of the provisions of this section shall, upon conviction, be fined in any sum of money not less than one dollar ($1.00) nor more than five hundred dollars ($500.00).
(Ordinance 64-47, secs. 1–6, adopted 8/25/64; Ordinance 69-41, sec. 2, adopted 5/27/69; Ordinance 87-62, sec. 1, adopted 10/14/87; 1957 Code, sec. 10-4; Ordinance 2009-49, sec. 1, adopted 12/8/09; Ordinance 2012-38 adopted 7/10/12; Ordinance 2017-39 adopted 8/8/17)
(a) 
A person commits an offense by discharging a firearm, rifle, shotgun, automatic rifle, revolver, pistol, or other weapon designed for the purpose of firing or discharging a shell or cartridge, whether blank or live ammunition, within the corporate limits of the city.
(b) 
Subsection (a) of this section does not apply to the following persons:
(1) 
In the actual discharge of official duties as a member of the armed forces or National Guard or a guard employed by a penal institution;
(2) 
On his own premises or premises under his control and necessary for self-defense or justifiable homicide;
(3) 
An employee or agent of the owner of the premises with primary responsibility to act in the capacity of a private security guard to protect persons or property, and who holds a security officer commission issued by the state private security bureau, if he is engaged in the performance of his duties as a security officer and is wearing a distinctive uniform and the weapon is in plain view;
(4) 
Who is a peace officer in the discharge of official duties.
(c) 
Subsection (a) of this section does not apply if blank ammunition is used on government property and the person obtains prior approval from the governmental entity that owns or controls the property and the purpose of the discharge is for a show, symphony, musical, theatrical production, ceremony, athletics, sports or military purpose.
(d) 
Subsection (a) of this section does not apply if the person obtains prior approval from the city council and the granting of such permission would not conflict with any other laws or regulations, meet all reasonable safety requirements and not be considered an unreasonable disturbance.
(1950 Code, Ch. 17, sec. 4; Ordinance 69-41, sec. 2, adopted 5/27/69; Ordinance 85-78, sec. 1, adopted 9/10/85; 1957 Code, sec. 10-8)
It shall be unlawful for any person to entice, lure, persuade, invite or induce or attempt to entice, lure, persuade, invite or induce any child under the age of sixteen (16) years to enter any vehicle without the consent of a parent or guardian of said child. Any person found guilty of violating this section shall be fined a sum of not to exceed two hundred dollars ($200.00).
(Ordinance 68-24, sec. 1, adopted 4/23/68; Ordinance 69-41, sec. 2, adopted 5/27/69; 1957 Code, sec. 10-6)
(a) 
A person commits an offense if he or she loiters 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: that such person is a known prostitute or panderer, 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, waving of arms, or any other bodily gesture. No arrest shall be made for a violation of this subsection unless the arresting officer first affords such person an opportunity to explain such conduct, and no one shall be convicted of violating this subsection if it appears at trial that the explanation given was true and disclosed a lawful purpose. The fact that a person is a known prostitute or panderer is not sufficient standing alone without other conduct to establish a basis for conviction under this section.
(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 within the knowledge of the arresting officer been convicted of prostitution, promotion of prostitution, aggravated promotion of prostitution, or compelling prostitution.
(Ordinance 84-100, sec. 1, adopted 9/25/84; 1957 Code, sec. 10-11)
(a) 
Legislative purpose.
The purposes of this section are to:
(1) 
Ensure the privacy, safety, and decency of all individuals using restrooms, changing rooms, and locker rooms in all public buildings.
(2) 
Establish clear guidelines for the use of these facilities in all public buildings.
(b) 
Definitions.
For the purpose of this section, the following definitions shall apply:
Public building.
Any building, facility, or space owned, leased or controlled by, or leased to, the city, including but not limited to community centers, libraries, airports, park facilities and administrative office buildings.
Restroom.
Any facility, room, or area that is designed, intended, or commonly used for personal hygiene, changing clothes, or the performance of bodily functions. This includes, but is not limited to:
(1) 
Toilets. — Areas equipped with one or more toilet fixtures for use by individuals.
(2) 
Urinals. — Areas equipped with one or more urinal fixtures for use by individuals.
(3) 
Changing rooms. — Areas designated for individuals to change clothes, including locker rooms in gyms, health clubs, and similar facilities.
(4) 
Showers and bathing areas. — Areas equipped with one or more showers, bathtubs, or similar fixtures for personal bathing.
(c) 
Biological sex.
(1) 
For the purposes of this section, a person's biological sex is the biological sex correctly stated on:
(A) 
A person's official birth certificate, as described by subsection (c)(2); or
(B) 
If the person's official birth certificate described by subsection (c)(1)(A) is unobtainable, another government record that accurately states the person's biological sex; and
(2) 
A statement of a person's biological sex on the person's official birth certificate is considered to have correctly stated the person's biological sex only if the statement was:
(A) 
Entered at or near the time of the person's birth; or
(B) 
Modified to correct a scrivener or clerical error in the person's biological sex.
(d) 
Facility use.
(1) 
No person shall knowingly or intentionally enter or use a restroom in a public building designated for the exclusive use by persons that do not correspond to his or her biological sex.
(2) 
Each restroom must be clearly signed to indicate "Men" or "Women," or "Boys" or "Girls" and must be separated by a complete wall from floor to ceiling.
(e) 
Exceptions.
For purposes of this section, a person may enter a restroom designated for the opposite sex only under the following circumstances:
(1) 
To use the restroom for normal use, if the person is a minor under the age of 12 and is accompanied by an adult of the sex designated by the restroom;
(2) 
For law enforcement or governmental regulatory purposes;
(3) 
For the purpose of rendering emergency medical assistance or to intervene in any other emergency situation where the health or safety of another person is at risk;
(4) 
For custodial, maintenance, repair, or inspection purposes, provided that the restroom is not in use.
(f) 
Civil penalties.
Any person violating the provisions of this section shall be deemed guilty of a class C misdemeanor and shall be punished by a fine not to exceed $500.00 as provided in city code section 1-1-9, general penalty.
(g) 
Civil trespass.
Any individual who willfully enters, for a purpose other than those listed in subsection (e), a restroom clearly designated for the opposite sex on the premises of a public building and refuses to depart when asked to do so by an employee or contractor of the owner, lessee, or lessor of a public building shall be guilty of misdemeanor trespass.
(h) 
Private right of action.
(1) 
Any person, other than the state, its political subdivisions, or any officer or employee of a state or local governmental entity in this state, has standing to bring and may bring a civil action against any person who knowingly or intentionally enters or uses a restroom in a public or private building in the city designated for the exclusive use by persons that do not correspond to his or her biological sex, except in the circumstances described in subsection (e), or who intends to engage in such conduct.
(2) 
If a claimant prevails in an action brought under this section, the court shall award:
(A) 
Injunctive relief sufficient to prevent the defendant from violating the provisions of this section;
(B) 
Nominal and compensatory damages if the plaintiff has suffered injury or harm from the defendant's conduct;
(C) 
Statutory damages in an amount of not less than $10,000.00 for each violation of this section; and
(D) 
Court costs and reasonable attorney's fees.
(3) 
Notwithstanding subsection (h)(2), a court may not award relief in response to a violation of this section if the defendant demonstrates that a court has already ordered the defendant to pay the full amount of statutory damages under subsection (h)(2)(C) in another action for that particular violation of this section.
(4) 
Notwithstanding any other law, a person may bring an action under this section not later than the sixth anniversary of the date the cause of action accrues.
(5) 
Notwithstanding any other law, the following are not a defense to an action brought under this section:
(A) 
Ignorance or mistake of law;
(B) 
A defendant's belief that the requirements or provisions of this section are unconstitutional or were unconstitutional;
(C) 
A defendant's reliance on any court decision that has been vacated, reversed, or overruled on appeal or by a subsequent court, even if that court decision had not been vacated, reversed, or overruled when the cause of action accrued;
(D) 
A defendant's reliance on any state or federal court decision that is not binding on the court in which the action has been brought;
(E) 
A defendant's reliance on any federal statute, agency rule or action, or treaty that has been repealed, superseded, or declared invalid or unconstitutional, even if that federal statute, agency rule or action, or treaty had not been repealed, superseded, or declared invalid or unconstitutional when the cause of action accrued;
(F) 
Non-mutual issue preclusion or non-mutual claim preclusion;
(G) 
Contributory or comparative negligence; or
(H) 
Assumption of risk.
(6) 
Notwithstanding any other law, neither the state, nor any of its political subdivisions, nor any district or county attorney, nor any officer or employee of this state or a political subdivision may:
(A) 
Act in concert or participation with anyone who brings suit under this section;
(B) 
Establish or attempt to establish any type of agency or fiduciary relationship with a person who brings suit under this section;
(C) 
Make any attempt to control or influence a person's decision to bring suit under this section or that person's conduct of the litigation; or
(D) 
Intervene in any action brought under this section.
(7) 
This subsection does not prohibit a person or entity described by this subsection from filing an amicus curiae brief in the action, so long as that person or entity does not act in concert or participation with the plaintiff or plaintiffs who sue under this section or violate any provision of this subsection.
(i) 
Penalty.
Any person violating the provisions of this section shall be deemed guilty of a class C misdemeanor and shall be punished by a fine not to exceed $500.00 as provided in this city code section 1-1-9, general penalty.
(Ordinance 89-81, sec. 1, adopted 10/24/89; 1957 Code, sec. 10-16; Ordinance 2024-46 adopted 11/12/2024)
(a) 
Intent.
(1) 
It is the intent of this section to protect and preserve the health, safety, welfare, and morals of the citizens of the city by prohibiting a person from intentionally or recklessly appearing or being nude, or causing another person to appear or be nude, in a public place and in other places which may reasonably be expected to be observed by the public within the city limits, except when such person appears nude in a place provided or set apart for nudity, provided such person is nude for the sole purpose of performing the legal function that is customarily intended to be performed within such place provided or set apart for nudity and such person is not nude for the purpose of obtaining money or other financial gain for such person or for another person or entity.
(2) 
It is the city council’s further intention to accomplish those intents and purposes expressed by the city council in the preamble provisions of the ordinance codified in this section, each of which are incorporated by reference herein.
(b) 
Definitions.
The following terms, when used in this section, shall have the following meanings:
Entity.
Any proprietorship, partnership, corporation, association, business trust, joint venture, joint-stock company or other for-profit and/or not-for-profit organization.
Person.
Any live human being aged ten (10) years of age or older.
Places provided or set apart for nudity.
Enclosed single-sex public restrooms, enclosed single-sex functional shower, locker and/or dressing room facilities, enclosed motel rooms and hotel rooms designed and intended for sleeping accommodations, doctor’s offices, portions of hospitals, and similar places in which nudity or exposure is necessarily and customarily expected outside of the home and the sphere of privacy constitutionally protected therein. This term shall not be deemed to include places where a person’s conduct of being nude is used for his or her profit or where being nude is used for his or her profit or where being nude is used for the promotion of business or is otherwise commercially exploited.
Public place.
Any location frequented by the public, or where the public is present or likely to be present, or where a person may reasonably be expected to be observed by members of the public. Public places include, but are not limited to, streets, sidewalks, parks, benches, business and commercial establishments (whether for profit or not for profit and whether open to the public at-large or where entrance is limited by a cover charge or membership requirement), bottle clubs, hotels, motels, restaurants, nightclubs, country clubs, cabarets, and meeting facilities utilized by any religious, social, fraternal or similar organization. Premises, or portions thereof such as hotel rooms, used solely as a private residence, whether permanent or temporary in nature, shall not be deemed to be a public place.
State of nudity.
Any person clothed in any manner so that any of the following body parts are not entirely covered with a fully opaque covering:
(1) 
Male or female pubic area or pubic hair; or
(2) 
The nipple or the areola (the darker colored area of the breast surrounding the nipple) of the human female mammary gland.
Body paint, body dyes, tattoos, liquid latex, whether wet or dry, and similar substances shall not be considered opaque covering.
(c) 
Offenses.
It shall be unlawful, and an act of public indecency, for any person to knowingly, intentionally, or recklessly appear, or cause another person to appear, in the state of nudity, as defined in this section, in a public place or in any other place which is readily visible to the public, except as provided in subsection (d). It shall also be unlawful, and an act of public indecency, for any person or entity maintaining, owning, or operating any public place or establishment to knowingly, or with reason to know, encourage, suffer or allow any person to appear in a state of nudity in such public place, except as provided in subsection (d).
(d) 
Exemptions.
The prohibitions of subsection (c) of this section shall not apply:
(1) 
When a person appears nude in a place provided or set apart for nudity, provided such person is nude for the sole purpose of performing the legal function that is customarily intended to be performed within such place provided or set apart for nudity, and such person is not nude for the purpose of obtaining money or other financial gain for such person or for another person or entity.
(2) 
When the act of being nude occurred in a modeling class operated:
(A) 
By a proprietary school licensed by the state or a college, junior college, or university supported entirely or partly by taxation; or
(B) 
By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation.
(3) 
Notwithstanding any other provision of this section, a mother may breastfeed her baby in any location, public or private, where the mother is otherwise authorized to be, irrespective of whether the nipple or areola of the mother’s breast is uncovered during or incidental to the breast feeding.
(4) 
This section shall not apply to photographs, movies, video presentations, or any other non-live performances.
(e) 
Any person violating the provisions of this section shall be deemed guilty of a class C misdemeanor and shall be punished by a fine not exceeding five hundred dollars ($500.00).
(f) 
With regard to other portions of the anatomy that should be covered in public such as the male or female anus or genitals, the city shall enforce existing state laws, including Texas Penal Code, sections 42.01(10) and 21.08, and Texas Alcoholic Beverage Code, section 104.01.
(Ordinance 69-67, sec. 1, adopted 10/21/69; Ordinance 96-46, sec. 1, adopted 7/23/96; 1957 Code, sec. 10-20)
It shall be unlawful for any person to mutilate, deface or injure any public building, fence, or fountain or any kind of public property in the city owned or controlled by the city.
(1950 Code, Ch. 17, sec. 23; Ordinance 69-41, sec. 2, adopted 5/27/69; 1957 Code, sec. 10-12)
(a) 
It shall be unlawful for any person, firm, partnership, corporation, or organization or any candidate for public office to place, tack, nail, paste or attach in any manner a circular, placard, picture, paper, or any advertising matter or sign of any kind, or any announcement for public office, or cause or allow the same to be placed or to remain, upon any telephone pole or electric light pole or any other pole located within the city limits.
(b) 
Any person, firm, partnership, corporation or organization or any candidate who shall violate the provisions of this section shall be guilty of a misdemeanor, and upon conviction shall be punished according to the general penalty set out in section 1-1-9. Each person in a joint violation may be separately fined the maximum for each separate offense under this section, and each day that such violation continues shall constitute a separate offense and be punishable as such.
(Ordinance 59-69, sec. 1, adopted 6/9/59; Ordinance 69-41, sec. 2, adopted 5/27/69; 1957 Code, sec. 10-13)
It shall be unlawful for any person to trespass upon or enter into or upon any of the property owned or controlled by the city without the consent of the city or some authorized officer, agentor employee of the city; provided that the word “property” as herein used shall not be construed to mean any public highway, street, park or public place in the city.
(1950 Code, Ch. 17, sec. 25; Ordinance 69-41, sec. 2, adopted 5/27/69; 1957 Code, sec. 10-17)
Any person, firm or corporation purchasing vehicle hubcaps, mirrors, fenders, skirts, ornaments, tires, or other parts or vehicle accessories from individuals not engaged in the lawful business of selling auto parts and equipment shall make daily reports of all such purchases to the chief of police before the hour of 10:00 a.m., except on Sunday, giving the name, age and address of the seller and any proof of ownership furnished to the purchaser by the seller. Any person, firm, or corporation failing to so report such purchases shall be guilty of a misdemeanor.
(Ordinance 58-104, sec. 1, adopted 9/23/58; Ordinance 69-41, sec. 2, adopted 5/27/69; 1957 Code, sec. 10-19)
Whosoever shall possess, except for prosecution evidence purposes, any document, record, list or paper of any kind or character which is used or intended for use for recording or documenting the making of any bet or wager of money or anything of value on any athletic contest or competitive event of whatever kind or character shall be guilty of a misdemeanor. For purposes of this section, “possess” shall mean to have any such record or document on or about the person or in any vehicle, premises, house or structure under the control of or occupied by such person, whether such person is the owner thereof or not. This section does not make it unlawful to possess commercially produced newspapers, schedules or lists which have not been altered from original form for use as bookmaking records by the addition thereto of wagering information or notations.
(Ordinance 73-33, sec. 1, adopted 3/13/73; 1957 Code, sec. 10-21)
(a) 
No person shall inhale, smell, breathe or otherwise ingest any glue, cement, paint, spray paint, paint thinner, brush cleaner, lacquer, commercial solvent or other similar substance or the vapor thereof, which substance contains one or more volatile solvents of one of the following generic types, with the intent of becoming elated, dazed, paralyzed, or irrational, to in any manner change or distort his eyesight, thinking process, judgment, balance, or coordination, to dull the brain or nervous system or to otherwise come under the influence of same:
(1) 
Alcohols (such as isopropyl alcohol or ethyl alcohol).
(2) 
Aromatics (such as benzene or toluene).
(3) 
Dialkyl sulfates.
(4) 
Epoxides (such as ethylene oxide).
(5) 
Esters (such as amyl acetate, ethyl acetate, isopropyl acetate, or methyl “cellosolve” acetate).
(6) 
Ethers (such as tetrahydrofuran).
(7) 
Halogenated hydrocarbons (such as carbon tetrachloride or chloroform).
(8) 
Isocyanates.
(9) 
Ketones (such as acetone or cyclohexanone).
(10) 
Nitriles (such as acetonitrile).
(b) 
The provisions of subsection (a) above shall not apply to any person who inhales, breathes, smells or otherwise ingests such substance pursuant to the direction or prescription of any doctor, physician, surgeon, dentist or other person legally authorized to so direct or prescribe the use of such substance.
(c) 
No person shall possess any glue, cement, paint, spray paint, paint thinner, brush cleaner, lacquer, commercial solvent or other similar substance containing one or more of the volatile solvents of one of the generic types set out in subsection (a) above for a purpose which violates subsection (a) above.
(d) 
The provisions of this section shall not pertain to any person who inhales, breathes, drinks or otherwise in any manner uses intoxicating liquor as defined by the Texas Alcoholic Beverage Code, nor shall the provisions of this section apply to any persons who inhale, breathe, drink or otherwise in any manner use any narcotic, dangerous drug or other material or substance or combination thereof, which material or substance or combination thereof is defined by and the use of which is prohibited or regulated by any penal law of the state.
(e) 
Any person violating the provisions of this section shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed two hundred dollars ($200.00), provided any such person under the age of seventeen (17) years shall be proceeded against in accordance with the provisions of title 3 of the Texas Family Code.
(Ordinance 74-54, sec. 1, adopted 7/9/74; 1957 Code, sec. 10-22)
Whenever any person or other legal entity is engaged in the business of organizing or assisting in the provision of funeral procession or escort services and collects directly or indirectly the police department funeral escort fee from others, or includes such fee or expense in their charges, such person shall be required to provide to the person ultimately paying the fee a written notice explaining the police department policies relating to such escort fees. Such written notice shall be provided by the police department to the person, or an employee of the entity, who is collecting the fee. Failure of that person to provide such notice to the ultimate payor shall be a misdemeanor offense.
(Ordinance 97-51, sec. 2, adopted 12/9/97; 1957 Code, sec. 10-35)
It shall be unlawful to discharge, dispose, deposit, inject, dump, spill, place, allow to seep or leak, or allow to remain on any city street, alley or other right-of-way, utility easement or drainage easement in the city any pollutant, sewage, or wastewater, as defined by section 13-2-104, or any liquid, semiliquid or solid waste containing cement, concrete, building materials, oil, or chemicals. This prohibition shall not apply to runoff from carwashes unless such carwash runoff is from a facility that is required to have an interceptor or separator installed pursuant to the plumbing code, in which event the prohibition shall apply.
(Ordinance 95-11, sec. 1, adopted 1/24/95; 1957 Code, sec. 16-1; Ordinance 2022-13 adopted 5/24/22)
It shall be unlawful to establish, keep or maintain upon any sidewalk, street or public thoroughfare, within the corporate limits of the city, any booth, stand, stall, tent, vehicle, pushcart or device of any kind or character whatsoever which is used as a means, repository or receptacle for carrying on or pursuing the business of vending or selling notions, fruits, vegetables, produce, popcorn, candies, peanuts, confections, edibles or any other like or unlike kind or character of property, goods, wares or merchandise of any description whatsoever, whether herein specifically enumerated or not, or to operate any kind or character of business whatsoever; provided, however, the provisions of this section are not intended to apply to persons who are otherwise permitted pursuant to the city code or authorized by contract with the city.
(1950 Code, ch. 22 sec. 6; Ordinance 96-33, sec. 1, adopted 4/23/96; 1957 Code, sec. 16-5)
It shall be unlawful for any person to place upon or display any goods, wares or merchandise of any kind or character whatsoever on, over or upon any street or sidewalk in the city unless otherwise approved by permit pursuant to the city code or authorized by contract with the city.
(1950 Code, ch. 22 sec. 7; Ordinance 96-33, sec. 1, adopted 4/23/96; 1957 Code, sec. 16-6)
It shall be unlawful for any person while upon any public street or sidewalk in the city, or while in any doorway, stairway, window or opening of any kind abutting thereon or adjacent to such street or sidewalk, to solicit trade or patronage for any hotel, rooming house, eating house, store or mercantile establishment, theater or motion picture theater, shine parlor or other business of any kind or character whatsoever, or to molest or seek or attempt to molest persons on such streets or sidewalks by such solicitation.
(1950 Code, ch. 22 sec. 8; 1957 Code, sec. 16-7)
It shall be unlawful for any person to haul oil upon any of the paved streets of the city in any vehicle which has a faucet for drawing the oil from such vehicle, unless there is provided for such faucet a good and sufficient drip pan to keep any and all oil that may drip from the faucet in such manner that the same cannot and will not be dripped or spilled from the drip pan upon any of the paved streets of the city.
(1950 Code, ch. 22 sec. 10; 1957 Code, sec. 16-8)
It shall be unlawful for any owner, driver or person in charge of or in possession of or in control of any wagon, truck, automobile or other vehicle to cause, allow or permit trash, rocks, dirt, garbage, debris or other substance to be dropped or to fall from such wagon, truck, automobile or other vehicle upon any street, alley or other public way within the corporate limits of the city; provided the provisions of this section shall not apply to work done on any street, alley or other public way by or under the direction of the city.
(1950 Code, ch. 22 sec. 11; 1957 Code, sec. 16-9)
It shall be unlawful for any person to skate on roller skates upon any sidewalks of the city, the word “skate” being used in its common and ordinary acceptance, provided the sidewalk upon which the skating is done shall have placed adjoining thereto a sign bearing upon the same the words “No Skating,” which sign may be so placed or erected by an abutting property owner.
(1950 Code, ch. 22 sec. 12; 1957 Code, sec. 16-10)
(a) 
Prohibited.
All persons are hereby prohibited from riding or driving upon, across or over any part of any street or alley in the city while such part of such street or alley is being paved, surfaced, excavated or repaired. Any person who shall violate the provisions of this subsection shall be guilty of a misdemeanor.
(b) 
Posting of notices.
The city engineer shall procure and keep on hand notice boards, upon which he shall cause to be painted, in black letters not less than four (4) inches high, on a white background, the words “Closed to Travel,” and whenever any part of any street or alley in the city is being paved, surfaced, excavated or repaired, the city engineer, at his discretion, may cause one (1) or more of such boards to be set up and placed at or near the work, in such position as to be visible to persons traveling along the street or alley toward the work. It shall be a good defense to any action or complaint brought under subsection (a) of this section if it shall appear from the evidence adduced at the trial that notice boards were not set up or placed at or near that portion of the street or alley upon or over which the defendant is charged with riding or driving.
(1950 Code, ch. 22 sec. 13; 1950 Code, ch. 22 sec. 14; 1957 Code, secs. 16-11, 16-12)
It shall be unlawful for any person to build any fire or place any other hot substance upon any paved street, alley, sidewalk or thoroughfare within the corporate limits of the city or in any other manner to injure or deface any such paved streets, alleys, sidewalks or other thoroughfares, or any portion thereof. The term “paved streets, alleys, sidewalks or other thoroughfares” is to be construed to include any street, alley, sidewalk or other thoroughfare the surface of which is paved or covered with brick, asphalt, bitulithic, petulithic or any other pavement of any name or character.
(1950 Code, ch. 22 sec. 15; 1957 Code, sec. 16-13)
It shall be unlawful for any person to ride, drive, run, propel or direct any traction engine, the surface of whose wheels have cogs on them or are otherwise rough or uneven, or other vehicles with lugs, cleats or cogs, on, along or across any paved street within the corporate limits of the city, unless the surface of the wheels of such traction engine are so protected and covered as to avoid actual contact with or injury to the surface of any such paved street.
(1950 Code, ch. 22 sec. 16; 1957 Code, sec. 16-14)
In the city, no person shall attempt to extort, forcibly solicit or use any means of intimidation or compulsion:
(1) 
To obtain donations of money, property or financial assistance of any kind; or
(2) 
To sell or offer to sell any article, ticket, token, emblem, service, publication, advertisement, subscription or anything of value.
(Ordinance 2009-42, sec. 1, adopted 11/10/09)
(a) 
Definitions.
For the purpose of this section the following words shall have the meaning herein described to them:
Consumption or consume.
The ingesting, inhalation, injection, dermal absorption, nasal insufflation, or other means of introducing into the body a substance, whether in its original form or the smoke, vapor, or other form derived from that original product.
Illegal smoking material.
(1) 
Any substance, however marketed, which can reasonably be converted for smoking purposes whether it is presented as incense, tobacco, herbs, potpourri, spices, teas, bath salts or any other substance or blend of substances thereof including, but not limited to, any of the following chemicals or comparable chemicals:
(A) 
Salvia divinorum or salvinorium A; all parts of the plant presently classified botanically as salvia divinorum, whether growing or not, the seeds thereof, any extract from any part of such plant, and every compound, manufacture, salts, derivative, mixture or preparation of such plant, its seeds or extracts;
(B) 
Datura stramonium; all parts of the plant presently classified botanically as datura stramonium, whether growing or not, the seeds thereof, any extract from any part of such plant, and every compound, manufacture, salts, derivative, mixture or preparation of such plant, its seeds or extracts;
(C) 
2-[(1R, 3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl) phenol (also known as CP47, 497) and homologues;
(D) 
(6aS, 10aS)-9-(hydroxymethyl)-6, 6-dimethyl-3-(2-methyloctan-2-yl)-6a, 7, 10, 10a-tetrahydrobenzo [c] chromen-1-ol (also known as HU-211 or Dexanabinol);
(E) 
1-pentyl-3-(1-naphthoyl) indole (also known as JWH-018);
(F) 
1-butyl-3-(1-naphthoyl) indole (also known as JWH-073); or
(G) 
1-pentyl-3-(4-methoxynaphthoyl) indole (also known as JWH-081).
(2) 
Products containing some or all of the above substances are currently being marketed under the following commercial names: “K-2,” “K-2 SUMMIT,” “K-2 SEX,” “GENIE,” “DASCENTS,” “ZOHAI:, “SAGE,” “SPICE,” “KO KNOCK-OUT 2,” “SPICE GOLD,” “SPICE DIAMOND,” “YUCATAN FIRE,” “SOLAR FLARE,” “PEP SPICE,” “FIRE N’ ICE,” “SALVIA DIVINORUM,” “JIMSON WEED,” “GYPSUM WEED,” “DEVIL’S TRUMPET,” “DEVIL’S WEED,” “THORN APPLE,” “TOLGUACHA,” “JAMESTOWN WEED,” “STINKWEED,” “LOCOWEED,” “DATURA,” “PRICKLYBURR,” “DEVIL’S CUCUMBER,” “HELL’S BELLS,” “MOONFLOWER,” “SCOOBY’S SNAX,” “SHAGGY’S MIX,” AND “ANGRY BIRDS.”
(3) 
Any material containing any of the botanical or chemical compounds set forth above shall be subject to the provisions of this section, regardless of whether they are marketed under these or other names.
Misbranded drug.
Any drug identified as such by the Food and Drug Administration or the Controlled Substances Act for which:
(1) 
The label is in any way false or misleading;
(2) 
The label does not bear the name and place of business of the manufacturer, repackager, or distributor of the finished form of the drug;
(3) 
The label does not bear adequate directions for use; or
(4) 
The label does not bear adequate warnings against use.
Person.
An individual, a group of two or more individuals, proprietorship, corporation, partnership, wholesaler, association or other legal entity, or any licensed or unlicensed business.
(b) 
Sale, delivery, offer or gift.
(1) 
It shall be unlawful for any person to sell, offer to sell, publicly display, barter, deliver or give any illegal smoking material to any person, or to own a property where such activity occurs.
(2) 
It shall be unlawful for any person to sell, offer to sell, publicly display, barter, deliver, or give any misbranded drug to any person, or to own a property where such activity occurs.
(3) 
In determining whether a product is prohibited by this section, statements on package labeling such as “not for human consumption” may be disregarded when other relevant factors (viewed alone or in totality) indicate that the product is intended to be consumed or ingested by humans, or is a product regulated by this chapter. Other relevant factors that may be used to determine whether a product or sale is prohibited by this chapter include, but are not limited to: verbal or written representations at the point of sale regarding the purpose, methods, use, or effect of the product; aspects of the packaging or labeling suggesting that through consumption of the product the user will achieve a “high,” euphoria, intoxication, relaxation, mood enhancement, or that the product has other effects on the body; the cost of the product is disproportionately higher than other products marketed for the same use; the product is treated differently than other products marketed for the same use (e.g., it is segregated from other products or kept behind the counter); the product contains a warning label stating or suggesting that the product is in compliance with laws regulating controlled substances; the product’s name or packaging uses images or slang referencing an illicit street drug; illicit or underground methods of sale or delivery are employed by the seller or provider; whether the product can be smoked; and whether the product resembles an illicit street drug such as cocaine, methamphetamine, or marijuana.
(4) 
Nothing in this section is intended to apply to legitimate air fresheners, potpourri, bath or beauty products, or other aroma therapy products that do not contain the botanical, chemical, or related compounds described in this section or ingredients that are illegal under state and federal law.
(c) 
Use or possession of illegal smoking material.
It shall be unlawful for any person to have in their possession or to purchase, use, or consume illegal smoking material within the corporate limits of the city.
(d) 
Defenses to prosecution.
(1) 
It shall be a defense to prosecution of a violation of this section if the use of the illegal smoking material is done at the direction of or under a prescription issued by a licensed physician or dentist authorized to prescribe controlled substances within the state.
(2) 
It shall be a defense to prosecution of a violation of this section if the person charged with such violation presents legitimate and complete documentation from clergy or a spiritual leader recognized by the state that the use of such material is part of a religious ceremony or activity of a religious denomination in which the person charged has a documented long standing membership.
(e) 
Penalty.
(1) 
Any person violating the provisions of this section shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed two thousand dollars ($2,000.00).
(2) 
Each occurrence of such violation shall constitute a separate offense.
(3) 
Each package sold, delivered, offered for gift or sale, or given in violation of this section shall be a separate offense.
(f) 
Other remedies.
The penal provisions imposed herein shall not preclude the filing of a lawsuit to enjoin violation of this section. The city shall retain all legal rights and remedies available to it pursuant to local, state and federal law.
(g) 
Update.
The substances defined as illegal smoking material in subsection (a) above, may be amended by resolution.
(Ordinance 2013-50, sec. 1, adopted 9/10/13)
(a) 
Legislative purpose.
The purposes of this section are to:
(1) 
Protect the public health, safety, and general welfare;
(2) 
Promote the reduction of underage drinking by holding accountable those persons or entities responsible for gatherings where alcohol is consumed by, served to, or in the possession of underage persons; and
(3) 
Facilitate the enforcement of laws prohibiting the service to, consumption of, or possession of alcoholic beverages or illicit synthetic drugs and misbranded drugs by underage persons.
(b) 
Definitions.
For the purpose of this section, the following definitions shall apply:
Alcoholic beverage.
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, including but not limited to beer, wine, ale, liquor, distilled spirits and wine coolers.
Gathering involving underage drinking.
A party or gathering of two or more persons at which one or more underage person possesses or consumes an alcoholic beverage.
Illicit synthetic drugs and misbranded drugs.
Any substance listed as a controlled substance, or a controlled substance analogue as defined in chapter 481 of the Texas Health and Safety Code, as amended, or any substance listed in section 8-1-28(a)(2).
Other private property.
Refers to hotel or motel room; an assembly hall or meeting room; a common room of a dwelling unit used for a party (e.g., recreation room of an apartment building); a site in a privately owned campground; privately owned vacant lot; privately owned agricultural land; or privately owned rural land whether occupied as a dwelling, part or other social function; a motor vehicle, including but not limited to a party bus or limousine, and whether owned, leased, rented, or used without compensation.
Residence.
Includes a dwelling unit such as a home, condominium or apartment; structures on the residence other than the dwelling such as a garage, studio, tent, boat dock, swimming pool, barn or boat house; land on the residence whether improved or unimproved such as a yard, patio, open fields, piers or lake shores; water bodies on the residence such as a pond, lake, river or stream; a motor vehicle, camper or trailer located on the residence or a boat, watercraft, or other marine vessel located on the residence whether occupied on a temporary or permanent basis, whether occupied as a dwelling or for a party or gathering, and whether owned, leased, rented, or used with or without compensation.
Underage person.
Any person less than 21 years of age.
(c) 
Prohibition of gatherings involving underage drinking.
(1) 
No person shall host, permit, or suffer a gathering involving underage drinking at a location under his or her control, including but not limited to the person’s residence, other private property, place, premises, or public place.
(2) 
A person also commits a violation under this section if that person is the person who paid for the rental of any premises, to include, but not be limited to, the following premises, and underage drinking takes place on that premises:
(A) 
A hotel or motel room;
(B) 
An assembly hall or meeting room; or
(C) 
A common room of a dwelling unit used for a party (i.e., recreation room of an apartment building);
(D) 
Motor vehicle, including but not limited to, party buses, limousines, or any other vehicle for hire.
(3) 
It shall be an affirmative defense to a violation of this section if a gathering involving underage drinking occurs on premises described in subsection (b) above and said gathering was the result of a criminal trespass or an unauthorized use of said premises.
(d) 
Protected activities.
This section shall not apply to activities allowed under state or federal law, or to activities protected by the First or Fourteenth Amendments to the United States Constitution, and such protections shall be an affirmative defense to the prosecution of any violation of this section.
(e) 
Violation(s); penalties.
(1) 
Any person violating the provisions of this section shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than two hundred fifty dollars ($250.00) but not to exceed two thousand dollars ($2,000.00).
(2) 
Nothing in this section shall be deemed to preclude the imposition of any criminal penalty under state law. Nor shall anything in this section be deemed to conflict with any penalty or provision under state or federal law, or prohibit any conduct authorized by the State or Federal Constitution.
(Ordinance 2017-35 adopted 7/25/17; Ordinance 2022-13 adopted 5/24/22; Ordinance 2024-19 adopted 4/23/2024)
(a) 
It shall be unlawful for any person to knowingly sell, offer to sell, publicly display, barter, deliver, give, possess, or use the following substances within the city limits:
(1) 
Any substance listed as a controlled substance, or a controlled substance analogue as defined in chapter 481 of the Texas Health and Safety Code, as amended;
(2) 
The following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, if the existence of these isomers, esters, ethers, and salts is possible within the specific chemical designation:
(A) 
Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2-phenethyl)-4-piperidinyl]-N-phenylacetamide);
(B) 
Alfentanil;
(C) 
Alpha-methylthiofentanyl (N-[1-methyl-2-(2-thienyl)ethyl-4-piperidinyl]-N- phenylpropanamide);
(D) 
Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-phenethyl)-4-piperidinyl]-N-phenylpropanamide);
(E) 
Beta-hydroxy-3-methylfentanyl;
(F) 
Carfentanil;
(G) 
Fentanyl, alpha-methylfentanyl, and any other derivative of fentanyl;
(H) 
3-methylfentanyl (N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]-N-phenylpropanamide);
(I) 
3-methylthiofentanyl (N-[3-methyl-1-(2-thienyl) ethyl-4-piperidinyl]-N-phenylpropanamide);
(J) 
Para-fluorofentanyl (N-(4-fluorophenyl)-N-1-(2-phenylethyl)-4-piperidinylpropanamide);
(K) 
Remifentanil;
(L) 
Sufentanil; and
(M) 
Thiofentanyl(N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]-propanamide).
(b) 
It shall be unlawful for any person, knowingly, to breathe, inhale, drink, or otherwise ingest, any compound, liquid, or chemical listed within this section, for the purpose of inducing a condition of intoxication, stupefaction, giddiness, paralysis, irrational behavior, or which, in any manner, changes, distorts, or disturbs the auditory, visual, or mental process of the user.
(c) 
It is not a violation of this section if the person breathed, inhaled, drank, or otherwise ingested the substance under the lawful supervision of an authorized law enforcement officer to enforce or ensure compliance with this section.
(d) 
It is not a violation of this section if the person who commits any act described in this section commits the act pursuant to the lawful direction or prescription of a licensed physician or dentist licensed by the state to direct or prescribe such act.
(e) 
This section does not apply to the inhalation of a lawfully prescribed anesthesia for a medical or dental purpose.
(f) 
Violation(s); penalties.
(1) 
A person who violates any provision of this section shall be referred to the appropriate court for prosecution in accordance with section 481 of the Texas Health and Safety Code, as amended.
(2) 
Nothing in this section shall be deemed to preclude the imposition of any criminal penalty under state law. Nor shall anything in this section be deemed to conflict with any penalty or provision under state or federal law, or prohibit any conduct authorized by the state or federal Constitution.
(Ordinance 2024-19 adopted 4/23/2024)