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HomeMy WebLinkAbout1981 Code of Ordinances No. 1268 • CODE 1 OF ORDINANCES City of College Station, Texas GENERAL ORDINANCES OF THE CITY PUBLISHED BY THE ORDER OF THE CITY COUNCIL GOVERNMENTAL SERVICE AGENCY 8527 Ferndale Rd. Dallas, Texas 75238 (214)341 -3919 ORDINANCE NO. 1268 AN ORDINANCE OF THE CITY OF COLLEGE STATION, TEXAS, ADOPTING AND ENACTING A NEW CODE OF ORDINANCES; ESTABLISHING THE SAME; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED; PROVIDING EXCEPTIONS; PROVIDING FOR THE EFFECTIVE DATE OF SUCH CODE; PRO- VIDING FOR CODE DESIGNATIONS, CATCHLINES, DEFINITIONS, AMENDMENTS, SEVERABILITY; DESIGNATING A FISCAL YEAR; ADOPTING BY REFERENCE BUILDING PERMIT FEES, A PLUMBING CODE, ELECTRICAL INSPECTION FEES, PERSONNEL POLICIES, THE TEXAS UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS, AND COMPREHENSIVE ZONING REGULATIONS; ADOPTING ADDI- TIONAL TRAFFIC REGULATIONS PERTAINING TO TRAFFIC CONTROL DEVICES AND SPEED LIMITS; AND PROVIDING FOR A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00). BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: SECTION 1: That the Code of Ordinances, consisting of chapters 1 to 12, each inclusive, is'hereby adopted and enacted as the "Code of Ordinances, City of College Station, Texas," and shall be treated and considered as a new and original comprehensive ordinance, which shall supersede all other general and permanent ordinances passed by the College Station City Council on or before January 22 1981, to the extent provided herein. SECTION 2: That all provisions of such Code shall be in full force and effect from and after February 12 , 1981, and all ordinances of a general and permanent nature of the City of College Station, enacted on final passage on or before January 22 , 1981, and not included in this Code, or recognized and continued in force by reference herein, are hereby repealed from and after February 12 , 1981, except as hereinafter provided. No resolution of the city is repealed by this ordinance. i SECTION 3: That the repeal provided for in section 2 above shall not affect any of the following: (a) Any events or act committed or done, or any penalty or forfeiture incurred, or any contract or right established or accruing before the effective date of this Code; (b) Any ordinance promising or guaranteeing the payment of money for the city, or authorizing the issuance of any bonds of the city cr any evidence of the city's indebtedness; (c) Any contract or obligation assumed by the city; (d) Any right or franchise granted by the city; (e) Any ordinance dedicating, naming, establishing, locating, relocating, opening, paving, widening, vacating, or affecting the right -of -way of any street or public way in the city; (f) Any ordinance relating to municipal street maintenance agreements with the State of Texas; (g) Any ordinance establishing or prescribing grades for streets in the city; (h) Any appropriation ordinance or ordinance providing for the levy of taxes or for an annual budget; (i) Any ordinance relating to local improvements and assessments therefor; (j) Any ordinance annexing territory to the city or dis- counting territory as a part of the city; (k) Any ordinance enacted after January 22 , 1981; (1) Any ordinance pertaining to the holding of municipal elections or the establishing of voting districts; (m) Any ordinance amending the city zoning map; (n) Any ordinance pertaining to parking regulations, provided said ordinance does not conflict with chapter 10, section 4, of the Code referenced herein; (o) Any ordinance adopted by reference in this Code of Ordinances. ii The repeal provided for in section 2 shall not be con - strued to revive any ordinance or part thereof that has been repealed by a subsequent ordinance which is repealed by this ordinance. SECTION 4: That wherever in such Code an act is prohibited or is made or declared to be unlawful or an offense, or a misdemeanor, or whenever in such Code the doing of an act is required or the failure to do any act is declared unlawful and no specific penalty is provided, the violation of any such provision of such Code shall be punished by a fine not to exceed the sum of two hundred dollars ($200.00) for each offense or for each day such offense shall continue, if it is one classified as a continuing offense; provided, however, that no penalty shall be greater or less than the penalty provided for the same or similar offense under the laws of the State of Texas. Any violation of any provisions of this Code which constitutes an immediate danger to the health, safety, and welfare of the public may be enjoined in a suit brought by the city for such purposes. SECTION 5: That any and all amendments and additions to such Code, when passed in such form as to indicate the intention of the city council to make the same a part of the Code, shall be deemed to be incorporated in such Code so that reference to the "Code of Ordinances, City of College Station, Texas," shall be understood and intended to in- clude such additions and amendments. SECTION 6: That in case of the amendment of any section of such Code for which a penalty is not provided, the general penalty as provided in section 4 of this ordinance shall apply to the section as amended, or, in case such amendment contains provisions for which a penalty, other than the aforementioned general penalty, is provided in another section of the same chapter, the penalty so provided in such other section shall be held to relate to the section so amended, unless penalty is specifically repealed therein. SECTION 7: That a copy of the Code shall be kept on file in the office iii of the city secretary in loose leaf form. It shall be the express duty of the city secretary, or someone authorized by him, to insert in the designated places, all amendments or ordinances which indicate the intention of the city council to make the same a part of such Code, when the same has been printed or reprinted in page form, and to extract from such Code all provisions which may be from time to time repealed by the city council. Such copy of such Code shall be available for all persons desiring to examine the same at any time during regular business hours. SECTION 8: That it shall be unlawful for any person to change or amend, by additions or deletions, any part or portion of this Code, or to insert or delete pages or portions thereof, or to alter, or tamper with such Code in any manner whatsoever which will cause the law of the City of College Station to be misrepresented thereby. Any person violating this section shall be punished as provided in section 4 of this ordinance. SECTION 9: That sections 1 -6 of chapter 1, pertaining to Code designations, catchlines, definitions, amendments, penalties, and severability; and that section 8 of chapter 1, designa- ting a fiscal year, are hereby adopted as printed and in- cluded in this Code of Ordinances. SECTION 10: That section 1, subsection G of chapter 3, adopting build- ing permit fees by reference; and that section 3 of chapter 3, adopting a plumbing code by reference, are hereby adopted as printed and included in this Code of Ordinances. SECTION 11: That section 4, subsection E of chapter 5, adopting electrical inspection fees by reference, is hereby adopted as printed and included in this Code of Ordinances. SECTION 12: That section 1 of chapter 8, adopting personnel policies iv by reference, is hereby adopted as printed and included in this Code of Ordinances. • SECTION 13: That section 1 of chapter 10, adopting by reference Article 6701d of Vernon's Texas Civil Statutes, otherwise known as the Texas Uniform Act Regulating Traffic on Highways; that section 2 of chapter 10, pertaining to traffic control devices; and that section 3, subsections A -E(1) of chapter 10, pertaining to speed limits, are hereby adopted as printed and included in this Code of Ordinances. SECTION 14: That section 2 of chapter 12, adopting comprehensive zoning regulations by reference, is hereby adopted as printed and included in this Code of Ordinances. SECTION 15: That all ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. SECTION 16: That this ordinance shall take effect immediately from and after its passage in accordance with section 35 of the Charter of the City of College Station. PASSED AND APPROVED by the College Station City Council on this the 12th day of February , 1981. ATTEST: /s/ Gary M. Halter Mayor /s/ Glenn Schroeder City Secretary APPROVED AS TO FORM: /s/ Lowell Denton City Attorney v CITY OF COLLEGE STATION, TEXAS CODE OF ORDINANCES TABLE OF CONTENTS TITLE PAGE CHAPTER 1: GENERAL PROVISIONS 1 Section 1: How Code Designated and Cited 1 Section 2: Catchlines of Sections 1 Section 3: Definitions and Rules of Construction 1 Section 4: Amendments or Additions to Code 2 Section 5: General Penalty for Violations of Code 3 Section 6: Severability of Parts of Code 3 Section 7: Sales Tax 4 Section 8: Fiscal Year 5 Section 9: Ad Valorem Tax 5 Section 10: Occupation Tax 6 Section 11: Hotel Occupancy Tax 6 Section 12: Official Newspaper 10 Section 13: Alcoholic Beverages 10 Section 14: Conduct of Persons Within Park and Recreation Areas of City 11 Section 15: Disposal of Unclaimed and Surplus Property; Destruction of Pistols and Illegal Weapons 15 Section 16: Firearms 19 Section 17: Certain Acts Prohibited on Public and Private Property 19 Section 18: Reserved 21 Section 19: Sale, Distribution, or Display of Harmful Material to Minors 24 Section 20: Disorderly Conduct 25 Section 21: Arrests Without Warrants 28 CHAPTER 2: ANIMAL CONTROL 29 Section 1: License Required to Keep Livestock or Poultry Within City Limits 29 Section 2: Dogs, Cats, Fowl, and Other Animals Regulated 32 Section 3: Breeding, Sale, Domicilary Care, and Rental of Animals or Fowl in Commerce 35 vi Table of Contents, cont'd. TITLE PAGE CHAPTER 3: BUILDING REGULATIONS 39 Section 1: Building Code 39 Section 2: Structural Standards Code 51 Section 3: Plumbing Code 74 Section 4: Mobile Home Parks 74 Section 5: Development of Streets 99 CHAPTER 4: BUSINESS REGULATIONS 112 Section 1: Itinerant Vendors 112 Section 2: Temporary or Transient Business Solicitations 116 Section 3: Parades 118 Section 4: Circuses, Rodeos, Carnivals, Etc. 123 Section 5: Garage Sales 127 Section 6: Taxicabs, Buses, and Other Vehicles for Hire 128 Section 7: Ambulances 131 Section 8: Alarm Systems 140 Secticn 9: Child Care 146 Section 10: Wrecker Business Regulations 159 Section 11: Moving of Houses or Other Buildings Across City Streets 171 Section 12: Fair Housing Regulations 171 Section 13: Operation for the Production of Oil and Gas 178.1 Section 14: Purchase of Used Jewelry or Precious Metals 178.2 CHAPTER 5: ELECTRICAL CODE 179 Section 1: General Provisions 179 Section 2: Licensing 180 Section 3: Electrical Inspector 184 Section 4: Electrical Inspections and Permits 186 CHAPTER 6: FIRE PROTECTION :.95 Section 1: Fire Prevention Code 195 Section 2: Fire Limits 202 Section 3: Fire Marshal 204 Section 4: Arson Reward 208 vii Table of Contents, cont'd TITLE PAGE CHAPTER 7: HEALTH AND SANITATION 209 Section 1: Stagnant Water, Trash, Weeds, Grass, Etc. 209 Section 2: Noise 211 Section 3: Public Nuisances (Rubbish, Noise, Signs, Dilapidated Structures, Abandoned Wells, and Junk Yards) 212 Section 4: Potentially Hazardous Food 214 Section 5: Sale of Adulterated and Misbranded Milk and Milk Products Prohibited 231 Section 6: Sale of Adulterated or Misbranded Mix or Frozen Desserts Prohibited 259 CHAPTER 8: PERSONNEL 273 Section 1: Personnel Policies Adopted 273 Section 2: Parks and Recreation Board 273 Section 3: Joint Airport Zoning Board 274 Section 4: Municipal Civil Defense and Disaster*Relief Committee 275 Section 5: Public Shelter Managers 281 Section 6: Police Reserve Force 282 Section 7: Interlocal Assistance of Law Enforcement Officers During Emergencies 284 Section 8: Procedures to Put Down Public Disturbances 284 Section 9: Social Security 289 Section 10: Texas Municipal Retirement System 290 CHAPTER 9: SUBDIVISIONS 298 Section 1: Authority 298 Section 2: Scope and Purpose 298 Section 3: Definitions 299 Section 4: Special Provisions 302 Section 5: Variances 304 Section 6: Procedure and Plat Requirements 305 Section 7: Guarantee of Performance 314 Section 8: General Requirements and Minimum Standards of Design 316 Section 9: Responsibility for Payment for Installation Costs 326 viii Table of Contents, cont'd. TITLE PAGE Section 10: Requirements for Park Land Dedication 328 Section 11: Planned Unit Development 333 Section 12: Special Conditions in Area of Extraterritorial Jurisdiction 333 Section 13: Conflict With Other Provisions of Code 335 Section 14: Ownership 335 Section 15: Penal Provisions 335 Appendix A: Certifications 337 CHAPTER 10: TRAFFIC CODE 340 Section 1: Adoption of Uniform Act 340 Section 2: Traffic Control Devices 340 Section 3: Speed Limits 343 Section 4: Parking 347 Section 5: Junked Motor Vehicles 347 CHAPTER 11: UTILITIES 353 Section 1: Utility Deposit Requirements 353 Section 2: Water and Sewer Services 358 Section 3: Water and Sewer Main Extension Policies 362 Section 4: Electrical Service 368 Section 5: Garbage Service Regulations 379 Section 6: Industrial Waste Regulations 386 CHAPTER 12: ZONING 396 Section 1: Planning and Zoning Commission 396 Section 2: Comprehensive Zoning Regulations Adopted 398 Appendix A: Procedures for Rezoning Property 399 INDEX 402 ix CHAPTER 1 GENERAL PROVISIONS SECTION 1: HOW CODE DESIGNATED AND CITED The ordinances embraced in this and the following chapters shall constitute and be designated the "Code of Ordinances, City of College Station, Texas," and may be so cited. SECTION 2: CATCHLINES OF SECTIONS The catchlines of the several sections of the Code are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken to be titles of such sections, nor as any part of the sections, nor, unless expressly so provided, shall they be so deemed when any such sections, including the catchlines are amended as reenacted. SECTION 3: DEFINITIONS AND RULES OF CONSTRUCTION In the construction of this Code, and of all ordinances and resolutions passed by the city council, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the city council: A. CHAPTER Whenever the words "this ordinances," "section," "subsection," "paragraph," or "article" are used, they shall pertain to the chapter or section of this Code of Ordinances in which they are found unless specifically and clearly in reference to a separate chapter or section. 1 8/6/81 B. CITY The words "the city" or "this city" shall mean the City of College Station, in the County of Brazos, and the State of Texas. C. CITY COUNCIL Whenever the words "city council," "the council," or "govern- ing body" are used, they shall mean the city council of Col- lege Station, in the County of Brazos, and the State of Tex- as. The city council shall be composed of a mayor and six (6) councilmembers. D. MALES AND FEMALES Throughout this Code, words used expressing masculine gender shall be construed to include the feminine. SECTION 4: AMENDMENTS OR ADDITIONS TO CODE All ordinances passed subsequent to the adoption of this Code, which amend, repeal, or in any way affect this Code, may be numbered in accordance with the number system of this Code and printed for inclusion therein. When subsequent or- dinances repeal any chapter, section, or subsection, or any portion thereof, such repealed portions may be excluded from the Code by omission from reprinted pages. The subsequent ordinances as numbered and printed, or omitted in the case of repeal, shall be prima facie evidence of such subsequent or- dinances until such time that this Code, and subsequent ordi- nances numbered or omitted are readopted as a new Code by the city council. Amendments to any of the provisions of this Code shall be made by amending such provisions by specific reference to the section number of this Code in the following language: "That chapter , section , of the Code of Ordi- nances, City of College Station, Texas, is hereby amended to read as follows..." 2 The new provisions shall then be set out in full as desired. In the event of a new section not heretofore existing in the Code is to be added, the following language shall be used: "That chapter of the Code of Ordinances, City of College Station, Texas, is hereby amended by adding a section, to be numbered section , which said sec- tion shall read as follows..." The new section shall then be set out in full as desired. It is hereby provided, however, that any subsequent ordinance which fails to amend this Code in the manner provided for above, shall not be deemed invalid as a result of such fail- ure to follow the procedure outlined in this section. SECTION 5: GENERAL PENALTY FOR VIOLATIONS Whenever in this Code or in any ordinance of the city an act is prohibited or is made or declared to be unlawful or an of- fense or a misdemeanor, or wherever in such Code or Ordinance the doing of an act is required or the failure to do any act is declared to be unlawful, the violation of any such provi- sion of this Code or any such ordinance shall be punished by a fine of not exceeding One Thousand ($1,000.00) Dollars for violations of Municipal Ordinances that govern fire safety, sanitation (not including vegetation and litter violations) public health, and rezoning. For traffic related offenses and other violations not included in the classes enumerated above, the maximum permissible fine will be Two Hundred ($200.00) Dollars. PROVIDED, however, that no penalty shall be greater or less than the penalty provided for the same or similar offense under the laws of the state. Each day any violation of this Code or of any ordinance shall continue shall constitute a separate offense. (Section 5 amended by Ordinance No. 1446 of August 25, 1983) SECTION 6: SEVERABILITY OF PARTS OF CODE It is hereby declared to be the intention of the College Sta- tion City Council that the sections, paragraphs, sentences, clauses, and phrases of this Code are severable and, if any phrase, clause, sentence, paragraph, or section of this Code 3 11/15/84 shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconsti- tutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Code, since the same would have been enacted by the city council without the incorporation in this Code of any such unconsti- tutional phrase, clause, sentence, paragraph, or section. (Provision for inclusion of sections 1 through 6 of chapter 1 provided for by ordinance adopting this Code of Ordinances.) SECTION 7: SALES TAX A. LOCAL SALES TAX ADOPTED A local sales tax of one percent (1 %) was adopted by the vot- ers of the City of College Station as the result of an elec- tion held on February 3, 1968. EDITOR'S NOTE: The above election was authorized by Ordinance No. 552 of December 15, 1967. B. LOCAL SALES TAX RETAINED ON GAS AND ELECTRICITY The City of College Station, Texas, by majority vote of its governing body, hereby votes to retain the taxes authorized by the Local Sales and Use Tax Act (Article 1066c, Vernon's Texas Civil Statutes) on the receipts from the sale, produc- tion, distribution, lease, or rental of and the use, storage, or other consumption of gas and electricity for residential use, as authorized by Section 6 of House Bill No. 1, Acts 1978, 65th Legislature, Second Called Session. (Ordinance No. 1150 of March 8, 1979) 4 SECTION 8: FISCAL YEAR The fiscal year for accounting and budgeting purposes of the City of College Station shall begin on the first day of July of each calendar year and shall terminate on the thirtieth (30th) day of June of the next succeeding calendar year. (Provision for the inclusion of chapter 1, section 8 above provided for in ordinance adopting this Code of Ordinances.) SECTION 9: AD VALOREM TAX In addition to the tax administration provisions of Article VIII of the College Station Charter, the following provisions are applicable: A. HOMESTEAD TAX EXEMPTIONS FOR THE ELDERLY From and after January 1, 1981, the first eighteen thousand, seven hundred and fifty dollars ($18,750)* of the assessed value of residence homesteads of persons sixty -five (65) years of age or over is hereby exempted from all ad valorem taxes hereafter levied by the City of College Station, Texas. (Ordinance No. 1288 of April 23, 1981) *Exemption increased to thirty thousand dollars ($30,000), effective as of January 1, 1984. (Resolution No. 02- 09- 84 -08) B. APPLICATION OF TAX EXEMPTION The above exemption shall be effective only if applica- tion is made each year during the rendition period between January 1st and April 1st by all eligible tax- payers. (Ordinance No. 986 of November 13, 1975) 5 11/15/84 SECTION 10: OCCUPATION TAX A. AMOUNT; PAYMENT OF There is hereby levied and there shall be collected from every person, firm, association, or corporation pursuing any occupation taxed by the general laws of the State of Texas, an annual occupation tax equal in each instance to one -half (I) of the state occupation tax, which said taxes shall be paid annually in advance except where otherwise provided by the state laws, in which event the same may be paid as is provided by the state law. B. UNLAWFUL TO OPERATE WITHOUT PAYING APPLICABLE TAX It shall be unlawful for any person, firm, association, or corporation to engage in an occupation subject to aforesaid tax without having paid the same to the city secretary or other authorized official. Violators will be punished in accordance with chapter 1, section 5 of this Code of Ordinances. (Ordinance No. 28 of August 20, 1939) SECTION 11: HOTEL OCCUPANCY TAX A. DEFINITIONS The following words, terms, and phrases are, for the pur- pose of this section, except where the context clearly indicates a different meaning, defined as follows: (1) Hotel shall mean any building or buildings, trailer, or other facility, in which the public may, for a consideration, obtain sleeping accommodations. The term shall include hotels, motels, tourist homes, houses or courts, lodging houses, inns, rooming houses, or other buildings where rooms are furnished for a consideration, but hotel shall not be defined so as to include hospitals, sanitariums, or nursing homes. 6 (2) Consideration shall mean the cost of the room, sleep- ing space, bed, or other facility in such hotel and shall not include the cost of any food served or personal services rendered to the occupant of such room not related to the cleaning and readying of such room, sleeping space, bed, or other facility for occupancy. (3) Occupancy shall mean the use or possession, or the right to the use or possession of any room or rooms, sleeping space, bed, or other facility in a hotel for any purpose. (4) Occupant shall mean anyone who, for a consideration uses, possesses, or has a right to use or possess any room or rooms, sleeping space, bed, or other facility in a hotel under any lease, concession, permit, right of access, license, contract, or agreement. (5) Person shall mean any individual, company, corporation, or association owning, operating, managing, or con- trolling any hotel. (6) Tax Collector shall mean the tax assessor - collector of the City of College Station, Texas. (7) Quarterly Period shall mean the regular calendar quarters of the year, the first (1st) quarter being composed of the months of January, February, and March; the second (2nd) quarter being the months of April, May, and June; the third (3rd) quarter being the months of July, August, and September; and the fourth (4th) quarter being the months of October, November, and December. (8) Permanent Resident shall mean any occupant who has or shall have the right to occupancy of any room or rooms, sleeping space, or other facility in a hotel for at least thirty (30) consecutive days during the current calendar year or preceding year. (Ordinance No. 892 of September 13, 1973) B. LEVY OF TAX; RATE; EXCEPTIONS (1) There is hereby levied a tax upon the cost of occupancy of any room or space furnished by any hotel where such cost of occupancy is at the rate of two 7 Dollars ($2.00) or more per day, such tax to be equal to six percent (6 %) of the consideration paid by the occu- pant of such room to such hotel. (Ordinance No. 1643 of March 27, 1986) (2) No tax shall be imposed hereunder upon a permanent resi- dent. (3) No tax shall be imposed hereunder upon a corporation or association orgainized and operated exclusively for re- ligious, charitable, or educational purposes, no part of the net earnings of which inures to the benefit of any private shareholder or individual. C. COLLECTION Every person owning, operating, managing, or controlling any hotel shall collect the tax imposed in subsection B hereof for the City of College Station. D. REPORTS On the last day of the month following each quarterly period, every person required hereby to collect the tax imposed by this section shall file a report with the tax collector show- ing the consideration paid for all room occupancies in the preceding quarter, the amount of tax collected on the city's behalf on such occupancies, and any other information as the tax collector may reasonably require. Such person shall pay over the tax due on such occupancies at the time of filing such report. There shall also be furnished to the tax col- lector of the City of College Station at the time of payment of such tax, a copy of the quarterly tax report filed with the state comptroller in connection with the State of Texas Hotel Occupancy Tax. E. RULES AND REGULATIONS The tax collector shall have the power to make such rules and regulations as are necessary to effectively collect the tax levied herein, and shall upon reasonable notice have access to books and records necessary to enable 8 04/30/86 him to determine the correctness of any report filed as required by this section and the amount of taxes due under the provisions of this section. F. PENALTIES (1) Failure to File or Filing False Report If any person required by the provisions of this section to collect the tax imposed herein, or make reports as required herein, and pay to the tax collector the tax imposed herein, shall fail to collect such tax, file such report, or pay such tax, or if any such person shall file a false report, such person shall be deemed guilty of a misdemeanor and upon conviction be punished by a fine not to exceed two hundred dollars ($200.00), and shall pay to the tax collector the tax due, together with a penalty of five percent (5 %) of the tax due for each thirty (30) days that the same is not timely filed or paid. (Ordinance No. 892 of September 13, 1973) (2) Tax Assessments If the operators of any hotel shall fail to file a report for any period as required by this section, or shall fail to pay the tax for any period as required by this section, then the tax assessor - collector is hereby authorized to make an assessment of the tax for such period. The tax assessed, together with any penalties provided by this section, shall be a prior and superior lien on all property of the motel. (Ordinance No. 1009 of March 11, 1976) G. EFFECTIVE DATE This section shall be and become effective on and after October 1, 1973. (Ordinance No. 892 of September 13, 1973) 9 SECTION 12: OFFICIAL NEWSPAPER The Bryan - College Station Daily Eagle, a newspaper of general circulation throughout the City of College Station, Texas, published in Bryan, Texas, is hereby designated as the official newspaper of the City of College Station, Texas. (Ordinance No 478 of August 23, 1966) SECTION 13: ALCOHOLIC BEVERAGES A. CITY COUNCIL ADOPTS HOURS PRESCRIBED IN TEXAS ALCOHOLIC BEVERAGE CODE Pursuant to the authority granted to governing bodies of incorporated cities in Chapter 105 or the Texas Alcoholic Beverage Code, the city council of the City of College Station, Texas, does hereby adopt the hours pre- scribed in said code for counties of 300,000 or more population for the sale, consumption, or possession of alcoholic beverages for the purpose of consumption in any public place within the corporate limits of the City of College Station, Texas. (Ordinance No. 1020 of May 13, 1976) B. CONSUMPTION AND POSSESSION OF ALCOHOLIC BEVERAGES 1. It shall be unlawful for any person in the City of Col- lege Station, Texas, to consume any alcoholic beverage in any public place or for any person to possess any alcoholic beverage in any public place for the purpose of consuming the same in such public place at any time on Saturday between the hours of 1:15 a.m. and 7:00 a.m.; on Sunday between the hours of 1:15 a.m. and 12:00 noon; and on the other days of the week between the hours of 12:15 a.m. and 7:00 a.m. (except January first of each year as provided in Section 13B[2]). 2. It shall be unlawful for any person in the City of College Station, Texas, to consume any alcoholic beverage in any public place or for any person to possess any alcoholic beverage in any public place for the purpose of consuming the same in such public place at any time on January first of each year between the hours of 1:00 a.m. and 7:00 a.m. when such day falls on a weekday. C. SELLING OF ALCOHOLIC BEVERAGES 1. It shall be unlawful for any person in the City of College Station, Texas, to sell any alcoholic beverage in any public place for the purpose of consuming the same in such public place at any time on Satuarday between the hours of 1:15 a.m. and 7:00 a.m.; on Sunday between the hours of 1:15 a.m. and 12:00 noon; and on the other days 10 11/30/85 of the week between the hours of 12:15 a.m. and 7:00 a.m. (except January first of each year as provided in Section 13C [2]) . 2. Notwithstanding provisions herein to the contrary, any establishment holding a mixed beverage license or an on- premises beer and wine license and also allowed to operate pursuant to a late hours permit issued by the Texas Alcoholic Beverage Commission, may operate said establishment and serve permitted beverages until 1:00 a.m. on January first of each year when such day falls on a weekday. (Ordinance No. 1564 of January 10, 1985 D. SALE OF ALCOHOLIC BEVERAGES NEAR CHURCHES, SCHOOLS AND HOSPI- TALS 1. Definitions The following definitions shall apply in the interpretation and the enforcement of this section: Church: A building used principally for religious worship and in which persons assemble and congregate to worship at least once each week and which is owned by such congregation or persons or leased by such congregation for a period of more than one year. Public Hospital: A hospital to which the public at large is admitted for medical treatment. Public School: A school which has one or more of the grades kindergarten through twelfth grade, and which is owned and conducted by the state or a political subdivision or agency thereof. 2. Sales of Alcoholic Beverages Prohibited No person shall sell or engage in the business of selling an alcoholic beverage where the place of business of such person is within three hundred (300) feet of any church, public school or public hospital, the measurements to be along the property lines of the street fronts and from front door to front door, and then direct line across street intersections where they occur. 3. Exceptions This ordinance shall not apply to a place of business which is legally authorized to sell alcoholic beverages prior to the effective date of this ordinance; however, should such a place of business discontinue the sale of alcoholic beverages, then the provisions of this ordinance shall apply thereafter. (Ordinance No. 1430 of June 23, 1983) 11 11/30/85 4. Any person intending to sell alcoholic beverages within the city limits of the City of College Station, shall make application to the City Secretary who shall desig- nate on the Texas Alcoholic Beverage Commission Applica- tion, whether or not the same is lawful by the ordinances of the City of College Station. If the City Secretary denies the application as not com- plying with the City ordinances, applicant may appeal directly to the City Council. If the City Secretary fails to review the application within ten (10) working days, applicant shall have the right to appeal to the City Council for review of the application. In order to be placed on the agenda, applicant must file a written request for Council review within ten (10) days of the decision of the City Secretary. The City Council shall hear and review the application at the next available Council meeting. There is no time limit for the filing of a written requests for Council review of an applica- tion when the City Secretary has failed to act. (Ordinance No. 1619 of October 24, 1985) SECTION 14: CONDUCT OF PERSONS WITHIN PARK AND RECREATION AREAS OF CITY The following rules and regulations shall be in force in all park and recreation areas including playgrounds, golf courses, and swimming pools of the City of College Station located within or without the corporate limits of said City: A. FLOWERS, SHRUBS, TREES, AND ARTIFICIAL IMPROVEMENTS It shall be unlawful for any person to cut, deface, or mark any park property, or to handle, cut, pluck, injure, damage, or destroy any flower, shrub, or tree, or to deface, mark, injure, damage, or destroy any natural or artificial improve- ment in any park or recreation area. (Ordinance No. 546 of November 27, 1967) 11.1 11/30/85 B. PAYMENT OF FEE It shall be unlawful for any person to use or enter upon any swimming pool, golf course or other park or recreation facilities for which a fee is charged, without first having paid said fee. Payment of said fee shall entitle the person to use the facilities for the sole purpose for which the facility is intended or designated. (Ordinance No. 1322 of September 24, 1981) C. ANIMALS It shall be unlawful for any person to frighten, annoy, or injure, or attempt to frighten, annoy, or injure any wild or native animal or bird in any park or recreation area. D. DISPOSAL OF LITTER It shall be unlawful for any person to deposit paper, glass, metal, litter, or trash of any description on any lawn, driveway, path, or other place in any park and recreation area except in receptacles provided therefor. (Ordinance No. 546 of November 27, 1967) E. ADVERTISING It shall be unlawful for any person to display any advertis- ing matter by signs or to distribute advertising matter of any character within any parkways, medians, parks, golf courses, swimming pools, or other recreation areas of the City of College Station without permission of the Parks and Recreation Department. F. SELLING OF MERCHANDISE OR SERVICES It shall be unlawful for any person to sell or offer for sale any goods, wares, services, or merchandise within any park- ways, medians, parks, playgrounds, swimming pools, or other recreation areas without permission of the Parks and Recre- ation Department. (Ordinance No. 1322 of September 24, 1981) G. PRACTICING GOLF It shall be unlawful for any person to practice golf in any portion of a park or recreation area not designated for that purpose; provided, however, that the practice of golf with 12 11/30/85 knit or plastic balls may be permitted in any open area not specifically designed or designated for some other specialized activity. (Ordinance No. 546 of November 27, 1967) H. RESERVED I. RESTRICTED AREAS AND CURFEW 1. Restricted Areas It shall be unlawful for any person to enter or remain in a park or recreation area which is designated as restricted or is closed for the season. Restricted areas will be designated by posted signs. 2. Curfews Except for designated camping areas and exempt events, no person shall enter or remain in any park during the hours the park is closed. Events approved in advance by the Director as exempt from curfew restrictions will be designated by the Director of Parks and Recreation for the City of College Station. All City of College Station Parks will be closed between the hours of 1 A.M. and 5 A.M. daily. Closing hours will be posted at all parks. 3. Penalty Anyone violating this section shall be guilty of a misdemeanor and upon conviction shall be fined not more than Two Hundred Dollars ($200.00). (Ordinance No. 1434 of July 14, 1983) J. DOGS It shall be unlawful for any owner or person in control of any dog to keep or permit the same in or about any park or recreation area unless such dog is kept under restraint at all times by means of a leash. K. OTHER ANIMALS It shall be unlawful for any person to tether or pasture, or allow or cause to be tethered or pastured, any cow, horse, mule, fowl, or domestic animal in or upon any park or recreation area. 13 11/30/85 L. WASHING VEHICLES It shall be unlawful for any person to wash a vehicle in any park or recreation area not designated for that purpose. M. KITES AND MODEL AIRPLANES It shall be unlawful for any peron to fly a kite or propel or guide a model airplane in any park or recreation area traversed by high voltage transmission lines. N. FIREARMS AND AIR GUNS It shall be unlawful for any person to carry on or about his person or discharge any gun, pistol, or firearms of any kind, including air guns, within or across any park or recreation area not designated for that purpose. O. WADING, SWIMMING, FISHING, OR BOATING It shall be unlawful for any persons to wade, swim, fish, or boat within any park or recreation area not so designed. P. TRAFFIC REGULATIONS (1) Access It shall be unlawful for any person to drive or propel any vehicle in, over, or through any park or recreation area except along and upon park drives, streets, or bou- levards or other areas designated for driving purposes. (2) Speeds It shall be unlawful for any person to operate a motor vehicle upon any park drive, boulevard, street, or other vehicular thoroughfare at a speed in excess of the posted speed limit. (Ordinance No. 546 of November 27, 1967) Q. CONDITION OF USE Compliance with rules and regulations of this section is a condition of the use of the public parks and recreation areas of the city, and all police officers shall have the right and power to arrest any person who may violate any of the rules, regulations, orders, or requirements of any ordinance or gen- eral law relating to the maintenance of the park and recrea- tion areas of the City of College Station located within or without the corporate limits of said city. (Ordinance No. 1322 or September 24, 1981) 14 11/30/85 SECTION 15: DISPOSAL OF UNCLAIMED AND SURPLUS PROPERTY; DESTRUCTION OF PISTOLS AND ILLEGAL WEAPONS A. UNCLAIMED PROPERTY (1) Authority to Sell - Generally All abandoned, stolen, or recovered property of every kind, except motor vehicles, which shall remain unclaimed with the police department for a period of two (2) months without being claimed or reclaimed by the owners, whether known or not, may be sold and disposed of at public auction, as provided in this subsection. (2) Authority to Sell Automobiles All abandoned, stolen, or recovered motor vehicles which shall remain unclaimed with the police depart- ment for a period of thirty (30) days without being claimed or reclaimed by the owners, whether known or not, may be sold and disposed of at public auction as provided in this subsection. For the purpose of this subsection, motor vehicles which shall remain unclaimed with the police depart- ment for thirty (30) days, as provided above, shall be conclusively presumed to have been abandoned. (3) Delivery to Purchasing Agent The chief of police shall give to the purchasing agent of the city a list of all property subject to sale hereunder and shall thereafter deliver such property, except motor vehicles, to the purchasing agent before the date of sale and take a receipt from such purchasing agent showing in detail all property so delivered. Motor vehicles shall be kept by the chief of police until a sale has been made. (4) Notice; Manner of Sale Thirty (30) days' notice of the time and place of sale of all property, except motor vehicles and in the case of motor vehicles fourteen (14) days' notice of the time and place of sale and a descrip- tive list of the property or motor vehicles to be offered for sale shall be posted at the door of the courthouse of the county and at any regular entrance 15 to the city hall and a copy thereof sent by registered mail to the last known address of the owner, in the event the name of the owner is known to the chief of police. Thereafter, such property shall be offered for sale at public auction to the highest bidder for each piece of property or assembled in lots, whichever, in the discretion of the purchasing agent, shall offer the best price obtainable for such property, except motor vehicles, which shall be sold separately. (5) Time of Sales; All Sales for Cash The public auction provided for in the preceding paragraph shall be conducted at the place and hour designated in the notice. All sales shall be for cash. (6) Reports by Purchasing Agent; Delivery of Proceeds to City Director of Finance The purchasing agent shall conduct such public auction and he shall keep an accurate statement of each article or motor vehicle sold and the price bid and paid therefor, and shall make a complete report in writing to the director of finance of the city. All funds received on account of such auction shall be delivered to the city director of finance who shall give his receipt therefor. (7) Proceeds to be Credited to Appropriate Fund The city director of finance shall place all funds received by him under and by virtue of this sub- section to the credit of the fund from which the articles for sale were obtained. In the event an article for sale was not obtained from a city fund, (i.e. abandoned property), the proceeds from its sale shall be deposited to the general fund, to be thereafter disbursed as the city council shall order. B. DISPOSAL OF SURPLUS OR OBSOLETE PERSONAL PROPERTY (1) Confirmation of Purchasing Agent Any personal property owned by the city which is worn out, scrap, or obsolete, which has been declared surplus by the city council or which has been condemned 16 as useless by the director of a department, and is not needed for public use, shall be confirmed by the city purchasing agent and disposed of by public auction, by obtaining quotes from vendors with a minimum of three (3), in the same manner as unclaimed property, or by advertising for sealed bids. (2) Advertising Procedure If the city purchasing agent determines that the personal property shall be disposed of by advertising for sealed bids, he shall advertise for sealed bids in a local newspaper once a week for two (2) consecu- tive weeks, the time of the first (1st) publication to be at least fourteen (14) days prior to such sale, and give notice of time and place when and where such sale will be held, at the discretion of the purchasing agent. If the value of such property is less than five thousand dollars ($5,000.00), the property may be sold to the highest responsible bidder by the purchasing agent, subject to the approval of the city manager and after public notice and bidding. If the value of the surplus or obsolete personal property to be disposed of is five thousand dollars ($5,000.00) or more, then the sale to the highest responsible bidder shall be confirmed by city council resolutions. C. DESTRUCTION OF PISTOLS AND ILLEGAL WEAPONS; EXCEPTIONS All pistols, knives, slingshots, and other weapons prohib- ited by the penal code of the state, which for a period of two (2) years have remained unclaimed, abandoned, or un- identified by its rightful owner and which are not being held as evidence in any pending cases filed of record, shall be destroyed in the presence of one (1) police officer of the rank of lieutenant or higher and two (2) representa- tives of the city council; or two (2) police officers of the rank of lieutenant or higher and a representative of the city council, who shall make a report under oath to the city council listing the make, model, type, and serial number of the property destroyed, together with the time, date, place, and manner of destruction. Provided, how- ever, that this subsection shall not apply to weapons which the chief of police of the city has determined to be serviceable or useful; weapons which the chief of police has determined would be appropriate for display purposes; or weapons which have been classified as "antique" or "collector's items" by a qualified expert in the weapons field. The latter shall be advertised as such and sold at public auction as provided in this section. The chief 17 of police shall determine and select a qualified expert in the firearms field to classify such weapons. D. LIEN ON MOTOR VEHICLES The city shall have a lien on all abandoned, stolen, or recovered vehicles for towing and storage charges. Such lien shall be prior and superior to any and all other liens and claims except liens for ad valorem taxes. Such liens shall be satisfied first from the proceeds of the sale of any motor vehicles under the terms of this section, except in the event a lien is asserted for ad valorem taxes, in which case the lien for ad valorem taxes shall first be satisfied. E. VARIANCE OF CERTAIN PROVISIONS BY COUNCILMANIC RESOLUTION In unusual circumstances, in the sale of surplus property, the terms and provisions of this section may be varied by resolution of the city council. F. CITY OFFICERS AND EMPLOYEES NOT TO PURCHASE UNCLAIMED OR SURPLUS PROPERTY It shall be unlawful for any officer or employee of the city, either directly or indirectly, to submit bids or to purchase at any sale (excluding public auction), any property sold pursuant to the provisions of this section or to submit sealed bids or acquire ownership of any real property, pursuant to the provisions of this section. (Ordinance No. 1199 of November 29, 1979) 18 SECTION 16: FIREARMS A. UNLAWFUL TO SHOOT FIREARMS WITHIN CITY 1. It shall be unlawful to willfully or intentionally shoot a firearm within the limits of the City of College Sta- tion, Texas, except as provided hereafater. A person asserting an exception to prosecution under this section shall be required to prove same as a defense under the provisions of the Texas Penal Code and Code of Criminal Procedures. A firearm shall include specifically, but not exclu- sively, any shotgun, pistol, rifle, air rifle, B.B. gun, bow and arrow, or any other mechanism that discharges or ejects any bullet, buckshot, or any other metallic object of any size by force of combustion, mechanism, or air. 2. Excepted from this provision are: a. Shooting a shotgun upon a tract of ten acres or more under one ownership, with the effective consent of the owner(s) and any tenant(s) residing thereon, and not adjacent to any developed area, provided that the shotgun is not discharged in such a manner or would reasonably be expected to cause any projectile to cross the boundary of the tract onto other premises. "Shotgun" shall mean a .410, 28, 16 or 12 gauge shot- gun with shot no larger than size 4. b. Shooting a centerfire or rimfire rifle of any caliber upon a tract of fifty acres or more under one owner- ship, with the effective consent of the owner(s) and any tenant(s) residing thereon, and not adjacent to any developed area, provided that the rifle is not discharged in such a manner as would reasonably be expected to cause any projectile to cross the bound- ary of the tract onto other premises. c. Shooting any firearm in lawful defense of self, a third person, or property, provided that the firearm is not discharged in such a manner as to unreasonably endanger innocent persons. d. "One ownership" shall mean an unsubdivided parcel which may be owned by a person, corporation, or other entity, or by a combination thereof or tenant in com- mon. "Effective consent" means the consent of a per- son authorized to act, or whom the shooter reasonably believed was so authorized. 19 11/15/84 e. "Developed area" shall mean any predominantly resi- dential area, either a platted subdivision or group of residences which are built and developed in close proximity to each other on lots of less than five acres. B. REGISTRATION 1. The owner(s), tenant(s), or person(s) with the effective consent of the owner(s) and any tenant(s) shall make application with the Chief of Police or his delegate specifying the above enumerated exception(s) of which he intends to take advantage. 2. The Chief of Police or his delegate may deny the granting of an application where he believes that there has been or will be a failure to comply with the intent of the ordinance. In the event that an application is denied, applicant shall have the right to appeal to the City Council and receive a hearing at the next available City Council meeting where the item may be posted ac- cording to the requisites of the Texas Open Meetings Act. 3. In the event an individual fails to make an application and obtain approval of the Chief of Police or his dele- gate, then none of the above enumerated exceptions are available as a defense to prosecution. C. PENALTY A violation of this section shall constitute a misdeameanor and upon conviction thereof shall be punishable by a fine of not less than Twenty -five Dollars ($25.00) or more than Two Hundred Dollars ($200.00). (Ordinance No. 1466 of October 27, 1983) SECTION 17: CERTAIN ACTS PROHIBITED ON PUBLIC AND PRIVATE PROPERTY A. UNLAWFUL TO DESTROY, INJURE, DEFACE, OR LITTER PUBLIC PROPERTY It shall be unlawful for any person to destroy, injure, cut, chip, break, deface, or cover or rub with, or otherwise place filth or excrement of any kind upon any public property in 20 11/15/84 the city or on any public building, statue, monument, office, dwelling, drinking fountain, or structure of any kind whatso- ever, whether existing or in course of erection, or on the doors, windows, steps, railing, fencing, balconies, balus- trades, walls, or sides, or the walls of any enclosure threreof, or to write, mark, draw, or paint any word, sign, or figure thereon. B. UNLAWFUL TO INJURE PLANTINGS ON PUBLIC PROPERTY It shall be unlawful for any person to cut, break, bruise, mutilate, or injure any tree, shrub, or flower growing or planted on any public square, public ground, esplanade, street, or sidewalk in the city. (Ordinance No. 298 of June 27, 1960) C. UNLAWFUL TO BREAK, CUT, OR PULL PLANTINGS OR GARDEN VEGETABLES ON PRIVATE PROPERTY It shall be unlawful for any person to go upon the premises of another person, situated within the City of College Sta- tion, without the consent of the occupant or person in charge of said premises, and break, cut, pull, or take from the premises or trample upon the flowers, shrubbery, grass, or garden vegetables growing on said premises. D. UNLAWFUL FOR PARENT OR GUARDIAN OF MINORS TO KNOWINGLY ALLOW CHILD TO TRESPASS It shall be unlawful for any parent or guardian of any minor child to knowingly permit such child to go upon the premises of another person, after such parent or guardian has been requested by the person in charge of said premises not to permit said child to go thereon. (Ordinance No. 359 of October 22, 1962) E. UNLAWFUL TO TRESPASS ON CITY PROPERTY It shall be unlawful for any person to trespass upon, enter into or upon any of the property owned by or controlled by the city without the consent of the city or some authorized officer, agent, or 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. 21 0 F. PENALTY Any person violating this section shall be fined not less than fifteen dollars ($15.00) and not more than two hundred dollars ($200.00), and each day such violation continues shall constitute a separate offense. (Ordinance No. 298 of June 27, 1960) SECTION 18: (RESERVED) 22 SECTION 19: SALE, DISTRIBUTION, OR DISPLAY OF HARMFUL MATERIAL TO MINORS A. UNLAWFUL TO SELL, DISTRIBUTE, OR DISPLAY HARMFUL MATERIAL TO MINORS It shall be unlawful for any person, firm, or corporation to sell, distribute, or display harmful material to minors. A person commits an offense, if, knowing the theme of the material he sells, distributes, exhibits, or possesses for sale, distribution, or exhibition to be harmful material to a minor; he displays harmful material at news- stands or other business establishments frequented by minors or where minors are or may be invited as part of the general public; or he hires, employs, or uses a minor to do or accomplish or assist in doing or accomplishing any of the acts prohibited in this subsection. B. DEFINITIONS For purposes of this section the following definition of terms shall be used: (1) Minor means an individual younger than seventeen (17) years of age. (2) Harmful Material means material whose dominant theme, taken as a whole, depicts, describes, or represents sexual conduct; with less than complete opaque covering, an individual's genitals, pubic areas, or buttocks, or a female individual's breast or portion of breast below the top of the nipple; an individual's genitals in a state of sexual stimulation or arousal; flagellation or other torture by or of an individual or in a revealing costume or who is fettered, bound, 24 or otherwise physically restrained; masturbation or excretory functions; or fondling of an individual's clothed or unclothed genitals, pubic area or buttocks, or of a female individual's clothed or unclothed breasts; and is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable for minors, applying contemporary community standards; and lacks serious literary, artistic, political, or scientific value for minors. (3) Individual shall mean any person, firm, business, association, or corporation. (Ordinance No. 1078 of June 9, 1977) SECTION 20: DISORDERLY CONDUCT A. TITLE This section shall be known and may be cited as the disorderly conduct ordinance of the City of College Station, Texas. B. DISORDERLY CONDUCT DEFINED A person shall be guilty of disorderly conduct if, with an intent to cause public danger, alarm, disorder, nuisance, or if with the knowledge that he is probable to create such public danger, alarm, disorder, or nuisance he willfully does any of the following acts: (1) Creates a disturbance of the public order by an act of violence or by an act likely to produce violence. (2) Engages in fighting or in violent, threatening, or tumultuous behavior. (3) Makes any unreasonably loud noise. (4) Addresses abusive language or threats to any person present which creates a clear and present danger of violence. 25 (5) Causes an increased danger of harm to persons or property by failing to obey a lawful order of dispersal by a police officer, where three (3) or more persons are committing acts of disorderly conduct in the immediate vicinity. (6) Damages, befouls, or disturbs public property or property of another so as to create a hazardous, unhealthy, or physically offensive condition. (7) Commits a trespass on private property or on public property. Trespass for the purpose of this sub- section shall mean entering upon, or refusing to leave, any private property of another, either where such property has been posted with "No Trespassing" signs, or where immediately prior to such entry, or subse- quent thereto, notice is given by or on behalf of the owner or occupant, orally or in writing, that such entry, or continued presence, is prohibited; or entering upon, or refusing to leave, any public property in violation of regulations promulgated by the official charged with the security, care, or maintenance of the property and approved by the governing body of the public agency owning property, where such regulations have been conspicuously posted or where immediately prior to such entry, or subse- quent thereto, such regulations are made known by the official charged with the security, care, or maintenance of the property, his agent, or a police officer. C. CERTAIN ACTS UNLAWFUL (1) Reserved. (2) Reserved. (3) It shall be unlawful for any person to throw or pitch any bottle, or other missle or thing capable of inflicting injury into, through, or over any crowd, group, or body of people at any football game, baseball game, performance, exhibition, or any other lawful assembly or meeting. 26 (4) It shall be unlawful for any person to disturb the audience at any show, theater, public gathering, performance, exhibition, or any other lawful assembly or meeting by boisterous talking, whistling, stomping of feet, or any rude or indecent act or conduct. (5) It shall be unlawful for three (3) or more persons to assemble upon the property which is under the control of the City of College Station and designated for a specific purpose, with intent to assemble a crowd thereon for purposes other than educational or recreational or use the same for the purpose of preaching, begging, speechmaking, selling or offering for sale any goods, wares, services, merchandise, or other commodities without first having obtained written permission from the city council of the City of College Station, Texas. (6) It shall be unlawful for any person, family, or other groups of persons to camp within the corporate limits of the city without first having obtained written permission from the city council of the City of College Station, Texas. D. PENALTY; EXCEPTIONS (1) Any person who shall violate the provisions of sub- section C(5) and C(6), after being warned by any city police officer or by any person in charge of such properties to abate such violation, shall be subject to prosecution and penalties as set out in chapter 1, section 5 of this Code of Ordinances. (2) This section shall not apply to peaceful picketing, public speaking, or other lawful expressions of opinion not in contravention of other laws. (Ordinance No. 701 of September 28, 1970) 27 SECTION 21: ARRESTS WITHOUT WARRANTS Any police officer of the City of College Station, Texas, in the exercise of a sound discretion may arrest without a warrant therefor, any person or persons found in sus- picious places or any person or persons found under cir- cumstances reasonably tending to show that such person or persons have been guilty of some felony or breach of the peace, or violation of some municipal ordinance, or about to commit some offense against some state law or against some municipal ordinance. (Ordinance No. 485 of October 24, 1966) SECTION 22: NEIGHBORHOOD WATCH PROGRAM A. No Neighborhood Watch sign may be posted without certifi- cation by the City of College Station Police Department that the following criteria have been met: (1) Participation of at least 75% of the homes in the block or area where signs are to be posted, (2) Participation in Operation Identification, i.e., the marking of personal property with an engraving device to create an unremovable identification, and (3) The request for the City of College Station Police Department to prepare a security survey on each home participating. B. The posting of a Neighborhood Watch sign without compliance with the requirements of Subsection I of this Ordinance shall be an offense punishable by a fine of up to Twenty -Five Dol- lars ($25.00). (Ordinance No. 1500 of January 26, 1984) 28 11/15/84 SECTION 23: CREATION OF A COLLEGE STATION HISTORIC PRESERVATION COMMITTEE A standing committee to be known as the College Station Historic Preservation Committee is hereby created. A. PURPOSE Although the City of College Station, Texas, does not have a long history, it is important that it be collected and preserved. By acting in a timely manner, the City will be able to capture information before it otherwise would become irretrievable. B. MEMBERSHIP The committee shall consist of seven (7) members, and where practical may include representation from the Brazos County Historical Society, Texas A &M University, and the College Station City Council. C. TERM OF OFFICE The term of office shall be for two (2) years, and the City Council shall appoint members on a staggered basis with four year terms expiring in even - numbered years and three terms expiring in odd - numbered years; except that three of the seven committee members appointed initially shall have terms of only one (1) year, and the other four initial appointments shall each be for a two (2) year term. A member of the Committee shall be selected to serve as committee chairman for a term of two years. The chairman shall be selected by members of the Committee and may serve no more than two consecutive terms. A vacancy occurring on the committee prior to expiration of the term of office for that position shall be filled by appointment by the City Council. A member so appointed shall be designated to serve the remainder of the term of his predecessor. D. DUTIES AND RESPONSIBILITIES The duties of this committee shall be to aid in the collection and preservation of the history of the City of College Station and its environs, and to provide for education of citizens on the history of this city. The committee shall also carry out other duties and responsibilities as may be assigned by the City Council. The committee shall semi - annually submit a report to the City Council. 28.1 04/30/86 E. MEETINGS The College Station Historic Preservation Committee shall provide for regular and special meetings as necessary to carry on its business, and is authorized to establish its own rules, regulations, and by -laws subject to ratification by the City Council." (Ordinance No. 1646 of April 9, 1986) 28.2 (The next page is 29) 04/30/86 CHAPTER 2 AN IMAL CONTROL SECTION 1: LICENSE REQUIRED TO KEEP LIVESTOCK OR POULTRY WITHIN CITY LIMITS A. LIVESTOCK AND POULTRY DEFINED No person shall keep livestock or poultry within the limits of the City of College Station without first obtaining and thereafter keeping in force a license permitting him to do so. The term livestock includes specifically but not exclusively horses, mules, asses, swine, cattle, sheep, goats, rabbits, and guinea pigs; the term poultry includes specifically but not exclusively chickens, turkeys, geese, ducks, pigeons, and guineas. B. TERMS FOR GRANTING LICENSES Said licenses shall be granted or allowed to remain in force only when the regulations as follows are observed: (1) The livestock and poultry shall be kept within structures, enclosures, or tethered, and not permitted to run at large. (2) The manure and debris incident to the maintenance and care of livestock or animals shall be scraped from roosts and floors and raked from pens or areas with such frequency as to prevent the same from serving as breeding places for insects and from emitting noxious odors. (3) The manure and debris scraped or raked as provided in paragraph (2) above, shall immediately be collected and either placed and kept in a waterproof and insect proof container until removed from the premises, or treated immediately and periodically thereafter with a chemical as directed by the manufacturer thereof that is manufactured and sold as an effective agent for preventing flies and other insects from breeding in manure and debris. (4) The inside walls, ceilings, roosts, and floors of the structure in which the livestock or poultry is housed shall be treated and kept treated with effective material manufactured and sold for the control of flies, 29 04/30/86 mites, and lice and applied according to the manufacturer's directions. (5) The structure or enclosure within which the livestock or poultry are confined shall be not less than one hundred (100') feet from any dwelling house other than that occupied by the owner of the livestock or poultry. C. PROCEDURE FOR OBTAINING LICENSES The procedure and requirements for the granting and keeping in force of licenses shall be as follows: (1) Application Requirements Any person desiring a license permitting him to keep livestock or poultry within the city limits shall file an application with the City Secretary on a form provided by him for that purpose. Said application shall among other things call for the name and address of the applicant; the estimated average number and types of livestock or poultry to be kept; a description of the structures and the facilities to be used for the enclosure of the livestock or poultry and for the disposal of the manure and debris incident to their maintenance and care; and the distance to the adjacent residence from the outside boundaries of the structure or fence in which the livestock or poultry are to be enclosed. (2) Application Fee The application shall be accompanied by a fee in the amount of Ten ($10.00) Dollars. The funds derived from such application fees shall be used by the city to defray the cost of inspections and other expenses incident to the enforcement of this section. In the event the city must reinspect the property either because a complaint has been filed or because the city officials find the property is not in a sanitary condition, the city shall charge a Five ($5.00) Dollars reinspection fee for each and every inspection thereafter. (3) City Health Officer to Inspect Facilities When an application has been filed in due form, the City Secretary shall turn the same over to the City Health Officer who shall inspect the facilities wherein the livestock or poultry are to be kept and prepare an opinion as to whether the same are in compliance with the regulations hereinbefore provided. 29.1 04/30/86 (4) City Council to Pass on Application The application with the opinion of the City Health Officer attached shall then be submitted to the City Council, which shall then pass on the application. (5) License Renewals A license shall be valid one (1) year from the date of issuance. The same may be renewed by the filing of a renewal application from the City Secretary on a form provided by him for that purpose and the payment of a renewal application fee in the amount of Ten ($10.00) Dollars. (6) Periodic Inspections; Hearings by City Council The City Health Officer shall once every thirty (30) days or upon written complaint of the Chief of Police or any resident of the city, make an inspection to ascertain whether the regulations as hereinbefore provided are being observed. If he finds that the aforesaid regulations are violated, he shall prepare and file a statement to that effect with the City Secretary. The City Council shall then give ten (10) days notice by publication of a hearing. If, after a hearing, the City Council finds the aforesaid regulations have been violated, it shall then order the permit cancelled. (Ordinance No. 306 of October 24, 1960) D. PENALTY FOR VIOLATIONS An offense under this ordinance shall be a Class C misdemeanor and shall be punishable by a fine of not less than Twenty -five ($25.00) Dollars nor more than One Thousand ($1,000.00) Dollars. However, if this penalty provision is invalid as beyond the scope of the City's authority to enact a penalty of greater than Two Hundred ($200.00) Dollars, this ordinance shall be valid in all other respects, and the maximum fine shall be Two Hundred ($200.00) Dollars. (Ordinance No. 1480 of November 22, 1983) SECTION 2: ANIMALS AND FOWL REGULATED A. DEFINITIONS (1) "Animal" shall mean any and all types of animals, both domesticated and wild, male and female, singular and plural. 30 04/30/86 (2) "Fowl" shall mean any and all fowl, domesticated and wild, male and female, singular and plural. (3) "Abandonment" means to desert or to leave without care. (4) "Animal Control Authority" means the person or persons designated by the City Manager to enforce this article. (5) "Animal shelter" means that facility designated or recognized by the City of College Station for the purpose of impounding and caring for animals. (6) "Humane manner" means care of an animal to include but not limited to ventilation and sanitary shelter, food and water consistent with normal requirements and feeding habits of the animal's size, species and breed. (7) "Licensed veterinarian" means any person duly licensed as a veterinarian by the State of Texas. (8) "Licensing authority" means the agency or department of the City of College Station, or any designated agency charged with administering the issuance and revocation of permits and licenses. The City Manager shall designate the licensing authority. In the absence of a designation, the police department shall be the licensing authority. (9) "Nuisance." An animal shall be considered a nuisance if it damages, soils, defiles or defecates on private property other than the owner's or on public areas, unless such waste is immediately removed and disposed of; causes unsanitary, dangerous or offensive conditions; creates a disturbance by excessive barking or other animal noise which would offend a person of ordinary sensibilities under the same or similar circumstances; or chases, molests, attacks or interferes with persons or other domestic animals on public property or the private property of others. (10) "Owner" means a person having the right of property or custody of an animal or who harbors an animal or knowingly permits an animal to remain on or about any premises occupied by that person for more than 72 hours. (11) "Vicious animal" means an animal that constitutes a physical threat to humans or other domestic animals by virtue of his immediate conduct, or by virtue of a prior history of violence towards humans or other animals. (12) "At Large" shall mean off the premises of the owner or custodian of the animal or fowl and not under the physical restraint of the custodian or owner. 31 04/30/86 (13) "Wild Animals" shall mean all undomesticated animals including, but not limited to, lions, tigers, bears, wolves, apes, foxes, baboons, all forms of poisonous reptiles, skunks, and squirrels." B. LICENSING All persons maintaining animals on their premises are required to obtain licenses under the following terms and conditions: (1) Dogs and cats shall be licensed and obtain a rabies vaccination within four (4) months after the animal's birth. An application for a license must also be made within thirty (30) days after an owner obtains a dog or cat over four (4) months of age, except that this requirement shall not apply to a non - resident keeping a dog or cat which is lawfully licensed and vaccinated elsewhere within the City of College Station for no longer than sixty (60) days. New residents must apply for a license within thirty (30) days of establishing residency. (Ordinance No. 1580 on March 28, 1985) (2) The licensing authority shall designate, when practic- able, licensed veterinarians to collect the annual li- censing registration fee. A licensed veterinarian who has been so designated shall register dogs and cats and collect the annual licensing registration fee under the following terms and conditions: (a) If a licensed veterinarian vaccinates a dog or cat for rabies, he shall, when practicable, collect the annual licensing registration fee, issue a rabies vaccination /license tag, and send to the licensing authority a copy of a form which shall include the following information: (i) Name and address of pet owner (ii) Description of the pet (iii) Date of vaccination (iv) Tag number (v) Other appropriate information (Ordinance No. 1625 of December 12, 1985) (b) A licensed veterinarian who has been designated to collect the annual licensing registration fee shall have all necessary forms and tags for registration provided to him by the licensing authority. The licensing authority shall establish a collection procedure for the fees, a format for the tags, and 32 04/30/86 shall record all dogs and cats registered, the name of the owner, and other appropriate information. (3) Tags furnished by the licensing authority shall be of durable material. A tag issued for a dog or cat must be attached to the collar of the animal and must be worn at all times. Tags are not transferable. A record of all tags issued shall be maintained by the licensing author- ity; and such records shall be available to the animal control authority. Records are to be kept for five years. (4) Except as otherwise provided, the licensing period shall be for one year. Each applicant shall pay the appropri- ate fee annually and shall supply all information rea- sonably requested on forms supplied by the licensing authority. (5) Upon receipt of the appropriate forms and payment of the scheduled fee, the licensing authority shall provide a tag for dogs and cats vaccinated by a veterinarian other than one who has been designated to register dogs and cats; in which case, the tag will be valid until the rabies vaccination is due again by State Law. (6) Bona fide raisers and breeders of dogs or cats strictly for a hobby shall make application with the Animal Control Authority for permission to keep or harbor more than four (4) dogs or cats three (3) months of age or older. The Animal Control Authority shall issue a permit for one year to the applicant upon the following information being furnished and the listed conditions being satisfied: (a) The average number of dogs and of cats to be kept or housed. (b) The purpose for the keeping or harboring of the dogs and cats. (c) That the dogs and cats are to be housed in cages or pens inside a residence or completely enclosed area. (d) That the dogs and cats are kept or harbored so as to not be a nuisance or detriment to adjoining or adjacent neighbors. (e) That the dogs shall not bark or howl or create noises that cause the peace and quiet of the neigh- borhood of the adjacent premises to be disturbed. (f) The cages or pens are to be maintained in a sanitary condition so as to not create any hazards to the general health and welfare of the community. 33 04/30/86 (g) The Animal Control Authority or his duly dele- gated representative upon being satisfied, upon payment of a permit fee, shall issue a permit for one year to the applicant. This permit may be revoked at any time upon any of the conditions and requirements being violated. (7) The licensing authority may revoke any permit or license if the person holding the permit or license refuses or fails to comply with this ordinance, or any other law governing the protection and keeping of animals. No license shall be revoked except subsequent to a conviction for violation of this ordinance, or an administrative hearing pertaining to a license application as provided below. A former licensee may appeal the revocation of a license to the City Manager or to an administrative appeals board if one has been created by city ordinance. If an applicant is shown to have withheld or falsified any material information on the application, and such fact is found at an adminis- trative hearing, the licensing authority may refuse to issue or may revoke a permit or license. The licensee may appeal in accordance with the above provisions." (Ordinance No. 1580 of March 28, 1985) C. OWNER RESPONSIBILITY (1) An owner commits an offense if by criminal negligence he permits an animal to go at large upon the premises of others or upon the streets and other ways of the City. (2) Every vicious animal shall be confined by its owner within a building or secure enclosure and shall be securely caged whenever off the premises of its owner. An animal control officer or any other peace officer may restrain or destroy an animal which poses an immediate threat of physical harm to persons or domestic animals. (3) An owner commits an offense if by criminal negligence he allows his animal to create a nuisance as defined herein. (4) Violation of the above sections shall constitute a misdemeanor and upon conviction thereof shall be punishable by a fine of not less than $30.00 or more than $200.00. D. HARBORING WILD ANIMALS (1) It shall be unlawful to keep or harbor any wild animal within the city, except pursuant to a special permit issued in accordance with Section 2, Subsection B(7) of 34 04/30/86 this ordinance, the words "dog" or "cat" to be read "wild animal(s) "in this instance; commercial establishments dealing in the sale of these animals and zoos that have proper facilities for restraint and care of these animals are not covered by this prohibition. (2) The Animal Control Authority and the City Health Officer or his deputy may set up conditions under which it would be permissible to keep or harbor wild animals in the city on a temporary basis. E. IMPOUNDMENT (1) Any animal found running at large shall be impounded by the Animal Control Authority in an animal shelter and confined in a humane manner. Immediately upon impounding an animal, the Animal Control Authority shall make every reasonable effort to notify the owner and inform such owner of the conditions whereby custody of the animal may be regained. Animals not claimed by their owners within a period of three (3) full days in which the shelter is open to the public shall become the property of the City of College Station. The City of College Station shall be entitled to dispose of such animals by adoption, humane euthanization or in such manner as previously agreed upon between the City and the owner of the animal hospital or shelter. (2) The Animal Control Authority shall have the right to pursue and apprehend animals onto unenclosed private property without first requesting permission from the owner of said property before entering that property or without obtaining a search warrant. No entry shall be made into an enclosure without a warrant. (3) When a animal is found running at large and its ownership is verified by the Animal Control Authority, the authority may exercise the option of serving the owner with a citation in lieu of impounding the animal. The City establishes a prima facie case of animal at large by proving the ownership of the animal and that it was running at large. (4) In the event that the Animal Control Authority finds animals to be suffering, it shall have the right forthwith to remove or cause to have removed any such animals to a safe place for care at the owner's expense or to euthanize them when necessary to prevent further suffering. Removal shall be pursuant to warrant unless the conditions require immediate action to protect the animal's life. Return to the owner may be withheld until the owner shall have made full payment for all 35 4/30/86 expenses so incurred and provided for lawful care and feeding. (5) Disposal of an animal by any method specified herein does not relieve the owner of criminal responsibility for violations by this ordinance and any accrued administrative charges. F. REDEMPTION (1) Any animal impounded may be redeemed by the owner thereof within three (3) full days in which the shelter is open to the public upon payment of an impoundment fee. Provided that if any such animal has been previously impounded, the impoundment fee shall be raised. Payment of impoundment fees is not considered to be in lieu of any fine, penalty or license fees. (2) Any animal confined for rabies quarantine, evidence, or other purpose may be redeemed by the owner thereof upon payment of a fee. (3) No animal required to be licensed or vaccinated under this article may be redeemed until provisions for such licensing and vaccination have been fulfilled. G. MISCELLANEOUS PROVISIONS (1) No person shall interfere with, hinder or molest any agent of the Animal Control Authority in the performance of their duty as herein provided. Any person violating this section shall be deemed guilty of a misdemeanor. (2) Abandonment. It shall be unlawful to abandon any animal in the City of College Station. (3) No person shall keep or harbor more than four (4) dogs or cats three (3) months of age or older, or any combination thereof, on any premises zoned for residential use, provided for in Article 6 of Section II. (4) Upon attack by a vicious animal, any person, including an Animal Control Officer or peace officer, can defend self or third persons at their discretion, taking such means as are necessary in such situation. (5) This article adopts the provisions of the Rabies Control Act and the Animal Shelter Act, as contained in the statutes of Texas, as from time to time amended. 35.1 04/30/86 (6) Disposition of large animals or livestock found at large. The Animal Control Authority shall be responsible for the disposition of livestock found at large in the City of College Station, and shall comply with the provisions of applicable state statutes concerning such disposition. (7) Animals subject to tests. Any animal that bites, scratches or attacks any person or persons shall be subjected to such tests as the City Health Officer, Chief of Police, or Animal Control Officer requires, including the destruction of such animal and an examination of the carcass. Such officials may require the owner of such an animal to confine it at a place designated for such period of time as may be reasonably necessary, not to exceed thirty (30) days. If the owner refuses to voluntarily confine such an animal for testing or observation, the animal may be taken into temporary custody pending the acquision of a warrant. (Ordinance No. 1421 of April 28, 1983) SECTION 3: BREEDING, SALE, DOMICILARY CARE, AND RENTAL OF ANIMALS AND FOWL IN COMMERCE A. DEFINITIONS Definition of terms, as used in this section, are as follows: (1) Breeder shall mean any person, firm, or corporation breeding for sale, a volume of animals or fowl as set out below. (a) All fowl and those animals having a gestation period of one hundred eighty (180) days or less and creating an annual volume of twenty -five (25) or more such fowl or animals. (b) All animals having a gestation period in excess of one hundred eighty (180) days and creating an annual volume of five (5) or more such animals. (2) Retailer or Wholesaler shall mean any person, firm, or corporation which shall offer for sale or resale any animals or fowl, as defined herein, in a volume of twenty -five (25) or more such animals or fowl per annum or by product thereof. (3) Caretaker shall mean any person, firm, or corporation, other than a duly licensed veterinarian in the pursuit 36 04/30/86 of his profession, which shall provide safekeeping, shelter, or care of animals or fowl for value received, either for money or services or both, and shall have in his custody five (5) or more such animals or fowl at any one (1) time during any one (1) calendar year. (4) Renter shall be any person, firm, or corporation which shall offer to the public the use or services of any animal or fowl whatsoever. (5) Animal shall mean any and all types of animals, both domesticated and wild, male or female, singular and plural, warm or cold blooded. (6) Fowl shall mean any and all types of fowl, both domesticated and wild, male or female, singular or plural. B. LICENSING REQUIREMENTS Any person, firm, or corporation falling into one (1) or more of the categories defined in subsection A(1) through (4) above shall make application, annually during the month of January or the month in which business was or is to be commenced, for license or relicensing to engage in such endeavor. (1) Application Requirements Said application shall, among other things, call for the name and address of the business and of the owner thereof, the estimated average number of animals or fowl involved, a description, plat and pictures of the structures and facilities to be used for the enclosure of such animals or fowl and method for the disposal of manure and debris incident to their maintenance and care; the distance to adjacent human occupied structures from the outside boundaries of the structure or enclosure in which such animals or fowl are to be enclosed. (2) Application Fee The application shall be accompanied by a fee in the amount of . Twenty -five ($25.00) Dollars. The funds derived from such application fees shall be used by the city to defray the cost of inspections and other expenses incident to the enforcement of this section. A fee of Ten ($10.00) Dollars shall be paid for each reinspection required prior to approval. (3) City Health Officer to Inspect Facilities When an application has been filed in due form, the City 37 04/30/86 Secretary shall turn the same over to the City Health Officer who shall inspect the facilities wherein the animals or fowl are to be kept and prepare an opinion as to whether the same are in compliance with the use standards provided by the City Health Officer. (4) City Council to Pass on Application The application with the opinion of the City Health Officer attached shall then be submitted to the City Council, which shall then pass on the application. (5) License Renewals A license shall be valid one (1) year from the date of issuance. The same may be renewed by the filing of a renewal application form with the City Secretary on a form provided by him for that purpose and the payment of a renewal application fee in the amount of Twenty -Five ($25.00) Dollars. (6) Periodic Inspections; Hearings by City Council The City Health Officer shall periodically or upon written complaint of a police officer or any resident of the city make an inspection to ascertain whether the standards as hereinbefore provided are being observed. If he finds that aforesaid regulations are violated, he shall prepare and file a statement to that effect with the City Secretary. The City Council shall then give ten (10) days notice by publication of a hearing. If after a hearing the City Council finds the aforesaid regulations have been violated, it shall then order the permit cancelled. (7) Exemptions from License Fee Youth programs shall be exempt from the Twenty -five ($25.00) Dollar license fee. (Ordinance No. 976 of August 14, 1975) C. PENALTY FOR VIOLATIONS Any person who violates any provision of this section shall be fined not less than Twenty -five ($25.00) dollars nor more than one - thousand ($1,000.00) Dollars. However, if this penalty provision is invalid as to the scope of the City's authority to enact a penalty provision for more than two hundred ($200.00) dollars as to this ordinance, this ordinance shall be valid in all other respects and the maximum fine shall be two hundred ($200.00) dollars. (Ordinance No. 1471 of November 22, 1983) 38 04/30/86 CHAPTER 3 BUILDING REGULATIONS SECTION 1: BUILDING CODE A. STANDARD BUILDING CODE ADOPTED The Standard Building Code, specifically the 1985 Edition published by the Southern Building Code Congress, a copy of which is on file in the office of the City Secretary of the City of College Station, Texas, is hereby adopted and desig- nated as the building code of the City of College Station. Said code is adopted to the extent as though such code were copied at length herein, subject however to the omissions, additions, and amendments contained in this chapter. B. AMENDMENTS TO STANDARD BUILDING CODE The above referenced Standard Building Code is hereby amended as follows: (1) Section 102.4 is amended by deleting therefrom the following sentence: "A11 unsafe buildings are hereby declared illegal and shall be abated by repair and rehabilitation or by demolition in accordance with the provisions of the Standard Code for the elimination or repair of unsafe buildings." (2) Section 105.2.3 is amended to read as follows: 105.2.3. Home Owner Permit - A property owner shall obtain a permit for work to do done by him on a building owned and occupied by him as his homestead. After twenty -four (24) months, the permit is void and must be repermitted by the home owner or a contractor at the discretion of the Building Official and subject to appeal to the Board of Adjustments and Appeals. (3) Table 400 shall be amended by the addition of the superscript "k" to the allowable areas tabulated in the Type III, V, VI columns for Group R Occupancy, story height three (3) and above, and the addition to the table of a new note "k" to read: "Two (2) remote independent means of egress from each floor area occupied by separate tenants shall be provided." (4) Section 402.2.3.0 shall be amended by adding to the definition of "mezzanine" a new sentence to read: "A mezzanine shall be considered to be an additional story." 39 04/30/86 (5) Section 402.2.3.1 shall be deleted. (6) Section 402.2.3.2 shall be deleted. (7) Section 402.2.3.3 shall be deleted. (8) Section 402.2.3.4 shall be deleted. (9) Section 402.2.3.5 shall be deleted. (10) Section 403.2 is amended by deleting therefrom the following phrase: "except that in Group B- Business and Group S- Storage Buildings, non -fire rated partitions may be use to separate tenants provided no area between partitions rated at one(1) hour or more exceeds three thousand (3,000) square feet. (11) Section 404.7 shall be amended by adding the following sentence: "There shall be required a supplementary lighting system in addition to the regular system by local electric power in Group A Small Assembly." (12) Section 412.9 shall be added to read as follows: 412.9 Public Rental Storage Warehouse (A) a public rental storage warehouse is a structure used solely for storage occupancy, which is divided into separate spaces accessible to each tenant and in which the management does not bear responsibilities as a warehouseman. (B) Tenant separation shall not be required in a public rental storage warehouse. (C) A wall having fire resistance of not less than (2) hours, parallel to the longitudinal axis of the building and dividing the building into two (2) parts of equal area insofar as the configuration of rental spaces permits shall be provided in each public rental storage warehouse building. (13) Section 506.1.1 is amended by deleting therefrom the phrase "or areas of refuge (Compartmentation) in accordance with Section 506.9." (14) Section 506.8.3 shall be added to read as follows: "All enclosed stairways are to be pressurized." (See Section 506.11 #5) (15) Section 506.9 shall be deleted. (16) Section 506.11 shall be added as follows: "The one and one -half (1 1/2) inch wet standpipe hose and nozzles is not required, however, the Fire Department risers and hose connections are to be provided in the corridor and not in the stairway." 40 04/30/86 (17) Section 704.3 - Table 704.3 shall be amended to read as follows: "Minimum flame spread classifications for all group A- Assemblies shall be Class A interior finish material in exit corridors and exits when sprinklered." (18) Section 704.4 shall be amended with the first paragraph to read as follows: "Delete Exceptions." (19) Section 706.6 shall be amended with the first paragraph to read as follows: "Outside the fire district one (1) and two (2) story single family dwellings and accessory buildings not over four thousand (4,000) square feet in area and located not less than seven and one half feet (7 1/2') from the property line may be roofed with grade labeled No. 1 and No. 2 wood shingles or shakes with a minimum butt thickness of one half inch (1/2 ") securely fastened with rust resistant nails." (20) Section 901.8.6 shall be added as follows: "An approved automatic sprinkler system shall be provided in group A- Assembly occupancies (except churches), when a group A- Assembly total floor area exceeds (5000) square feet. (21) Section 901.8.7 shall be added to read as follows: "(7) An approved sprinkler system shall be provided in all structures where the total area exceeds (15,000) sq. ft. per floor and all structures exceeding two stories in height." (22) Section 901.8 (d) shall be added to read as follows: "An approved sprinkler system shall be provided in all hotels and motels." (23) Section 813 is amended as follows: "Approved fire extinguishing equipment shall be provided for the protection of duct systems, grease removal devises and heads." Cooking equipment (such as fat fryers, ranges, griddles and broilers) which may be a source of ignition of grease in the hood, grease removal devise, or duct shall be protected by approved extinguishing equipment. Listed fire extinguishing system shall be installed in accordance with the terms of their listing and the manu- facturer's instructions. Carbon Dioxide extinguishing systems NFPA 12 Dry chemical extinguishing systems NFPA 17 41 04/30/86 (24) Section 1703.12 shall be amended by adding: "All concrete slabs at grade shall have special termite protection by soil treatment or other apporved methods of termite protection ", per Section 1703.11. (25) Section 1707.2.1 shall be amended to read as follows: "Not less that (3) studs shall be installed at every corner of an exterior wall." (26) Section 1708.7 shall be amended to read as follows: "Attic spaces shall be provided with an access opening not less than twenty (20) inches by twenty -four (24) inches. Access opening shall be readily accessible and provided with a lid or device that may be easily removed or operated, when mechanical equipment is to be install- ed in the attic and only interior access is to be pro- vided. The access opening shall be not less than speci- fied above, but in no case less than the size required to install or remove the largest major component of the unit without disassembly. Access is not required when the clear height of the attic space measured at the roof peak, is less than twent -four (24) inches." (27) Section 2301.2.1.2 shall be amended to read: "Ground sign means an outdoor advertising display sign when such sign is supported by uprights or braces in or upon the ground." (28) All Appendices except D and H are hereby adopted. (29) Section A- 101.4.5 shall be amended by adding the follow- ing sentence: "Department of law in this instance shall be construed to mean City Attorney." (30) Section A- 103.4.4 shall be amended by adding the follow- ing sentence: "The Building Official may require such survey as may be necessary to establish the location of property lines, public right -of -way lines, and public easements where the locations affect the proposed work, and the said surveys shall be made by a registered public surveyor at the applicant's expense." (31) Section A- 103.4.5 shall be added to read: "There shall be no combustible or flammable materials placed on site, lot or subdivision where waterlines and fire hydrants as required by the applicable subdivision regulations are not completed and in service and where all- weather access for emergency vehicles does not exist to within one hundred fifty (150) feet of the most remote part of the structure." 42 04/30/86 (32) Section A -103.5 is amended by deleting therefrom the phrase "to pay a license tax as provided in the general license ordinance." (33) Section 101.3.2 shall be added: "The City of College Station will not inspect anything on federal or state property." (34) Table 600 shall be amended to read: "After 15' there is no firewall on exterior walls required (N L %)." (35) Accessory Portable Storage Building. Portable storage buildings are defined as those portable storage buildings that are not permanently affixed to the ground. An accessory portable storage building not over one hundred (100) sq. ft. in area will be allowed one (1) per lot without a building permit if it can be moved and sanitary facilities, water supply and electric system are not contained in the structure and structure is not placed in surface drainage easement. (36) Section 1104.4 shall be amended to read as follows: "Every sleeping room in one and two family dwellings shall have at least one operable window or exterior door approved for emergency egress or rescue. The units must be operable from the inside to a full clear opening without the use of separate tools. Where windows are provided as a means of egress or rescue, they shall have a sill height of not more than forty -four (44) inches above the floor." All egress or rescue windows from sleeping rooms shall have a minimun net clear opening of twenty -four (24) inches by twenty (20) inches. (Ordinance No. 1629 of January 9, 1986) 43 04/30/86 BUILDING PERMIT FEES Such fees are authorized under Chapter 3 of the Code of Ordinances City of College Station. For the purpose of these fees, value shall be based on the most recent building valuation data sheet published by the Southern Building Code Congress, with appropriate regional modifiers. Such valuation shall include the electrical, plumbing, mechanical or other systems contained thereto. In addition the Building Official may require an applicant to submit a signed construction contract showing all labor and materials or other appropriate proof of construction costs in order to establish such valuation. For each separate structure, the building permit fees shall be as follows: Valuation of structure Fee and site improvements $0.00 to $2000.00 $5.00 per thousand or fraction thereof $2001.00 to $15,000.00 $10.00 for the first $2000.00 plus $3.00 for each additional thousand or fraction therof, to and including $15,000.00 $15,001.00 to $50,000.00 $49.00 for the first $15,000.00 plus $2.50 for each additional thousand or fraction thereof, to and including $50,000.00 $50,001.00 to $100,000.00 $136.50 for the first $50,000.00 plus $2.00 for each additional thousand or fraction thereof, to and including $100,000.00 $100,001.00 to $500,000.00 $236.50 for the first $100,000.00 plus $1.25 for each additional thousand or fraction thereof, to and including $500,000.00 $500,001.00 and up $736.50 for the first $500,000.00 plus $0.75 for each additional thousand or fraction thereof. "For one and two family residential construction, the valuation of structure and site improvements shall be calculated at $40.00 X the heated floor area and $20.00 X the unheated area." (The above Fee Schedule was authorized by the approval of Ordinance No. 1629 of January 9, 1986) 44 04/30/86 C. BUILDING CONTRACTORS BOND The bond required under the provisions of section 106.2 of the Standard Building Code shall be executed by the contrac- tor or builder as principal and by a corporate surety duly authorized to do business under the laws of the State of Texas. Such bond shall be on a form substantially the same as that shown on Exhibit A below and made a part hereof. EXHIBIT A THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF BRAZOS THAT WE, , as principals and as surety, acknowledge ourselves to owe and stand indebted to the City of College Station, and for the benefit of any per- son, firm or corporation injured by a breach of the terms hereof, in the penal sum of one thousand dollars ($1,000) for the payment of which well and truly to be made we bind our- selves, our heirs, executors, and administrators jointly and severally, by these presents: The conditions of this obligation, however, are such that, whereas, the said is engaged in the business of erecting, remodeling, repairing, moving, and de- molishing of buildings within the City of College Station, and whereas, Section 106.2 of the Standard Building Code of the City of College Station, passed June 26, 1967, requires an indemnifying bond in the sum of one thousand dollars ($1,000) of persons pursuing such occupation within the City of College Station, which said section of said building code is made a part thereof for all intents and purposes. Now, therefore, if the said shall well and sufficiently indemnify and protect the City of College Station against all costs, expenses, or damages which may in any wise accrue against the City of College Station in conse- quences of the operations covered by the permit issued to the said , under the provisions of the aforesaid building code and shall comply in all respects with the provisions of the aforesaid building code and all rules and regulations promulgated by authority thereof, and shall pay all damages for injuries to persons or property during or on account of or in connection with any such work authorized by such permit during and for the period of one (1) year from the date of the approval and filing hereof; then this obliga- tion shall be null and void, otherwise to remain in full force and effect this bond shall cover all building opera- tions of the said _ within the City of College Station, for the period of one (1) year from the date of approval and filing thereof, unless sooner cancelled in the manner hereinafter provided. 45 11/15/84 It is understood, however, that the surety herein reserves unto itself the right to cancel this bond after thirty (30) days written notice if such intention has been given to the city; but this privilege of cancellation shall not affect any liability that may have arisen hereunder up to the time the same is actually cancelled, in accordance with the terms hereof. It is further agreed by the contractor, principal, herein, that in event of cancellation of this bond as above provided, then that such cancellation shall automatically cancel his permit and that will immediately cease operations as such contractor until another bond is furnished as re- quired by the building code. And it is further understood and agreed that this bond may be sued upon in the name of any person, firm, or corporation in- jured by any act of constituting a breach of the conditions hereof, and that the same shall not be void upon one (1) re- covery, but may be sued upon from time to time until the whole amount of the penalty is recovered. In testimony whereof, witness our hands this day of , 19 Surety Principal Correct as to form: Building Official Approved this day of , 19 City Attorney 46 11/15/84 D. TEMPORARY OCCUPANCY OF STREETS WITH BUILDING MATERIAL, ETC. (1) Permit and Bond Hereafter any person or persons, firm, or corporation desiring to temporarily occupy any portion of any public street, alley, or sidewalk within the City of College Station for the purpose of placing thereon material or rubbish for or from building operations, or for any excavation of any area under such street, alley, or sidewalk or for any purpose whatsoever connected with the erection, removal, alteration, or repair of any building or other structure, shall apply to the building official for a permit for such temporary occupation as aforesaid, and it shall be unlawful to occupy or obstruct any street, alley, or sidewalk, as aforesaid, without a permit therefor from the building official, which permit shall not be issued until the person, persons, firm, or corporation applying therefor shall have first presented a building permit therefor issued by the building official, together with a bond approved by the city attorney, conditioned that the principal therein will discharge all claims of every character arising from or occasioned by such occupancy of such street, alley, or sidewalk or the construction or repair of such building or the making of such excavation and discharge all judgments obtained, together with all costs attached thereto against the City of College Station, by reason of any such claim, injury, or damage sustained, and every person or persons, firm, or corporation carrying on any such excavation or building operation shall keep all streets, alleys, and sidewalks adjacent to such exca- vations or building operations carried on by them, in a clean and orderly condition, and unobstructed, except as provided herein, during such operation, and at the expiration of the time stipulated in the permit afore- said, they shall restore all such streets, alleys, and sidewalks to as good condition as they were before the beginning of such operations. (2) Requisite of Permit Permits for temporary street, alley, or sidewalk occupancy as hereinbefore provided shall be issued by the building official, shall be in writing and shall be for a period of time not to exceed ninety _ (90) days, such as said building official may deem expedient; provided that such time may be extended by the city council of the City of College Station; such permit shall specify how much of the street, sidewalk, or alley shall be obstructed, which amount 47 of obstruction shall be within the discretion of the building official; provided that not more than one -half (1) of any alley, not more than two - thirds (2/3) of any sidewalk, nor more than one - fourth (;) of any street shall be obstructed. (3) Protection of Sidewalks Wherever any portion of any street, alley, or sidewalk shall be obstructed under a permit as hereinbefore provided, the sidewalk or driveway thereon shall be protected by a covering, which shall be sufficient to protect the public from danger attendent upon such building, and a driveway and sidewalk sufficient in the opinion of the building official, kept in good condition for travel; and a failure to comply with this subsection shall immediately work a forfeiture of the permit given thereunder and all the rights and privileges granted therein. E. CONSTRUCTION OF SIDEWALKS AND CURBS (1) License and Permit Required Hereinafter no person, persons, firm, or corporation shall lay, construct, build, repair, or rebuild any sidewalk, curb, gutter, or driveway on any street, alley, or thoroughfare within the City of College Station, without first having obtained from the city engineer a license to do such work, having made and executed a bond to said city in the sum of two thousand five hundred dollars ($2,500.00), having paid a license fee of ten dollars ($10.00) per annum, and having obtained a permit from the city engineer to do such work. Provided, however, that for building construction, only the construction of sidewalks, curbs, gutters, driveways, and drive approaches to a building may be included in the building contractor's permit for the construction of the building if application to construct such sidewalk, curb, gutter, driveway, and drive approach is made at the time the building permit is applied for. Provided further, that the preceding sentence shall allow only the building contractor himself to construct curbs, gutters, sidewalks, driveways, and drive approaches on his building contractor's bond without the necessity of making a separate cement bond for their construction, and the preceding sentence shall not apply if the building contractor contracts with another to construct the sidewalks, curbs, gutters, 48 driveways, and drive approaches. The building contractor shall have the construction of such side- walks, curbs, gutters, driveways, and drive approaches inspected and approved by the city engineer. Where the building contractor avails himself of the provisions of this subsection, he shall be responsible for the construction and maintenance of such concrete construction in the same manner as individuals holding a license to do such concrete work, and his building contractor's bond shall be amended and supplemented to comply with this subsection. (2) Requisite of License and Bond The license hereinbefore mentioned shall be issued and approved by the city engineer, and before the issuance of same, the applicant shall file in the office of the city engineer a statement of his qualifications, together with a surety bond in the penal sum of two thousand five hundred dollars ($2,500.00), conditioned that said applicant will indemnify and save harmless the City of College Station from any and all damages of every character arising from or caused directly or indirectly by negligence in doing said work, or for any imperfect or inadequate work done by the applicant, and that he will maintain said work in a good and workmanlike state of repair for and during a period of one (1) year from and after its completion and acceptance by the city. Said statement of qualifications approved by the city engineer, together with bond, and date of issuance shall be filed by said city engineer with the city secretary. The applicant shall also state in his application for license, his place of business, and shall notify the city engineer immediately of any and every change in address or style of his firm. All such bonds shall be subject to the approval of the city attorney, and shall run for a period of one (1) year from date, or until revoked as hereinafter provided. Such bond shall be on substantially the same form as that shown on Exhibit A, as given in subsection C herein. F. ENCLOSURE OF SWIMMING POOL (1) Fences Every outdoor swimming pool shall be completely surrounded by a fence or wall not less than four feet (4') high, which shall be so constructed as not to 49 have openings, holes, or gaps larger than four inches (4 ") in any dimension except for doors and gates; and if a picket fence is erected or maintained, the horizontal spacing between pickets shall not exceed four inches (4 "). A dwelling house or accessory build- ing may be used as a part of such enclosure. (2) Gates All gates or doors opening through such enclosure shall be equipped with a self - closing and self - latching device for keeping the gate or door securely closed at all times when not in actual use, except that the door of any dwelling which forms a part of the enclosure need not be so equipped. (3) Applicability This requirement shall be applicable to all new swimming pools hereafter constructed, other than in- door pools, and shall apply to all existing pools, and shall apply to all existing pools which have a depth of eighteen inches (18 ") or more of water at any point. No person in possession of land within the city, either as owner, purchaser, lessee, tenant, or a licensee, upon which is situated a swimming pool having a depth of eighteen inches (18 ") or more of water at any point shall fail to provide and maintain such fence or wall as herein provided. (4) Modifications The City of College Station Building Code Board of Adjustments and Appeals may make modifications in individual cases, upon a showing of good cause with respect to the height, nature of location of the fence, wall, gates or latches, or the necessity therefor; provided the protection as sought here- under is not reduced thereby. The building code board of adjustments and appeals of the city may permit other protective devices or structures to be used so long as the degree of protection afforded by the substitute devices or structures is not less than the protection afforded by the fence, gate, or latch described herein. The building official shall allow a reasonable period within which to comply with the requirements of this subsection. 50 (5) Swimming Pool Defined The term swimming pool as used herein shall mean a body of water in an artificial or semi - artificial receptacle or other container located outdoors, used or intended to be used for public, semi - public, or private swimming by adults or children, or both adults and children, operated and maintained by any • person, whether he be an owner, lessee, operator, licensee, or concessionaire, and shall include swimming pools used or intended to be used solely by the owner or friends invited to use it without payment of any fee. (Ordinance No. 965 of May 26, 1975) G. BUILDING PERMIT FEES Building permit fees will be established by city council policies. An official copy of the latest such fees shall remain on file in the office of the city secretary at all times. (Provision for inclusion of subsection G above provided for in ordinance adopting this Code of Ordinances.) SECTION 2: STRUCTURAL STANDARDS CODE A. STRUCTURAL STANDARDS CODE ADOPTED There are hereby adopted regulations establishing minimum standards governing the use, occupancy, and maintenance of buildings, dwellings, dwelling units, and structures, as specifically contained in Ordinance No. 1128 adopted on September 14, 1978, and as amended by Ordinance No. 1185 adopted on September 27, 1979; and cited as "The Structural Standards Code," which is set forth at length herein as follows: 51 STRUCTURAL STANDARDS CODE The provisions herein shall be controlling in the use, maintenance, and occupancy of all dwellings (permanent, movable, and mobile), dwelling units, and /or structures within the area of jurisdiction of the City of College Station, Texas. 100.1 Title and Scope The provisions embraced in this section shall constitute and be known as "The Structural Standards Code" of the City of College Station, Brazos County, Texas. The code establishes minimum standards for occupancy, and does not replace or modify standards otherwise established for construction, replacement, or repair of buildings except as are contrary to the provisions of this code. Every building, structure, or dwelling, permanent, movable, or mobile shall conform to the requirements of this code regardless of the primary use of such building, structure, or dwelling, and regardless of when such building, structure, or dwelling may have been constructed, altered, or repaired. This code is hereby declared to be remedial, and shall be construed to secure the beneficial interests and purposes thereof (which are public safety, health, and general welfare) through structural strength, stability, sanitation, adequate light and ventilation, and safety to life and property from fire and other hazards incident to the con- struction, alteration, repair, removal, demolition, use, and occupancy of buildings, dwellings, and structures (permanent, movable, and mobile). The code does not alter the provisions for the immediate security or demolition of hazardous structures in cases where there exists imminent danger to human life or health. 100.2 Existing Buildings The provisions of this code shall apply to any building, dwelling, or structure regardless of when said building, dwelling, or structure was constructed, altered, or repaired. 100.3 Maintenance All buildings or structures, both existing and new, and all parts thereof, shall be maintained in a safe and sanitary condition. All devices or safeguards which are 52 required by this code in a building when erected, altered, or repaired, shall be maintained in good working order. The owner, or his designated agent, shall be responsible for the maintenance of buildings, structures, and premises to the extent set out in this code. The tenant shall be responsible for the maintenance of buildings, structures, and premises to the extent set out in this code. 100.4 Moving Dwellings and Structures The owner of any dwelling or structure, or his designated agent, shall secure a permit from the building official at the City Hall of the City of College Station, Texas, before moving a dwelling or structure into, within or out of the city limits and be responsible to the extent of this code. 100.5 Pending Actions Nothing in this section or in the code hereby adopted shall be construed to affect any suit or proceeding now pending in any court, or any rights acquired or liability incurred, nor any cause or causes of action accrued or existing, under any act or ordinance repealed hereby. Nor shall any right or remedy of any character be lost, impaired, or affected by this section. 101 - General Minimum Standards for Base Equipment and Facilities No person shall occupy as owner - occupant or let or sublet to another for occupancy any dwelling or dwelling unit designed or intended to be used for the purpose of living, sleeping, cooking, or eating therein, nor shall any vacant dwelling building be permitted to exist which does not comply with the following requirements: 101.1 Sanitary Facilities Required Every dwelling unit shall contain not less than a kitchen sink, lavatory, tub or shower, and a water closet all in good working condition and properly connected to an approved water and sewer system. Every plumbing fixture and water and waste pipe shall be properly installed and maintained in good sanitary working condition, free from defects, leaks, and obstructions. 101.2 Location of Sanitary Facilities All required plumbing fixtures shall be located within the dwelling unit and be accessible to the occupants of same. 53 The water closet and tub or shower shall be located in a room affording privacy to the user and such room shall have a minimum floor space of thirty (30) square feet. 101.3 Hot and Cold Water Supply Every dwelling unit shall have connected to the kitchen sink, lavatory, and tub or shower an adequate supply of both cold water and hot water. All water shall be supplied through an approved pipe distribution system connected to a potable water supply. 101.4 Water Heating Facilities Every dwelling shall have water heating facilities which are properly installed and maintained in a safe and good working condition and are capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub or shower at a temperature of not less than one hundred twenty degrees (120 °) Fahrenheit. Such water heating facilities shall be capable of meeting the requirements of this subsection when the dwelling or dwelling unit heating facilities required under the provisions of this section are not in operation. 101.5 Heating Facilities (a) Every dwelling unit shall have heating facilities which are properly installed, are maintained in safe and good working conditions, and are capable of safely and adequately heating all habitable rooms and bathrooms in every dwelling unit located therein to a temperature of at least seventy degrees (70 °) Fahrenheit at a distance three feet (3') above floor level, under ordinary minimum winter conditions. (b) Where a gas or electric central heating system is not provided, each dwelling unit shall be provided with sufficient fireplaces, chimneys, flues, or gas vents whereby heating appliances may be connected so as to furnish a minimum temperature of seventy degrees (70 °) Fahrenheit measured at a point three feet (3') above the floor during ordinary minimum water conditions. 101.6 Cooking and Heating Equipment All cooking and heating equipment and facilities shall be installed in accordance with the building, gas, or electrical code and shall be maintained in a safe and good working condition. 54 101.7 Garbage Disposal Facilities Every dwelling unit shall have access to adequate garbage disposal facilities or garbage storage containers, type and location of which facilities or containers comply with the regulations for solid waste disposal. 102 - Minimum Requirements for Light and Ventilation No person shall occupy as owner - occupant or let or sublet to another for occupancy, any dwelling or dwelling unit designed or intended to be used for the purpose of living, sleeping, cooking, or eating therein, nor shall any vacant dwelling building be permitted to exist which does not comply with the following requirements: 102.1 Habitable Rooms - Windows and Skylights (a) Every habitable room shall have at least one (1) window or skylight facing directly to the outdoors. The minimum total window area, measured between stops, for every habitable room shall be seven percent (7 %) of the floor area of any such room, except sleeping rooms where the minimum total window area shall be the lesser of seven percent (7 %) of the floor area or twelve (12) square feet. If light obstructing structures are located less than five feet (5') from the window and extend to a level above that of the ceiling of the room, such a window shall not be deemed to face directly to the outdoors and shall not be included as contributing to the required minimum total window area. Whenever the only window in a room is a skylight type window in the top of such room, the total window area of such skylight shall equal at least fifteen percent (15 %) of the total floor area of such room. (b) Year- round mechanically ventilating conditioned air systems may be substituted for windows, as required herein, in rooms other than rooms used for sleeping purposes. 102.2 Habitable Rooms - Ventilation Every habitable room shall have at least one (1) window or skylight which can easily be opened, or such other device as will adequately ventilate the room. The total of openable window area in every habitable room shall equal to at least forty -five percent (45 %) of the minimum window area size or minimum skylight type window size, as required, or shall have other approved, equivalent ventilation. 55 102.3 Bathroom Every bathroom shall comply with the light and ventilation requirements for habitable rooms except that no window or skylight shall be required in adequately ventilated bath- rooms equipped with an approved ventilation system. 102.4 Electric Lights and Outlets Required Every dwelling shall be wired for electric lights and convenience receptacles. Every habitable room of such dwelling shall contain at least two (2) separate floor or wall -type electric convenience outlets; and every kitchen, bathroom, laundry room, furnace room, corridors or hallways, and porches shall contain at least one (1) supplied ceiling or wall -type electric light fixture. Every such outlet and fixture shall be properly installed, shall be maintained in good and safe working condition, and shall be connected to the source of electric power in a safe manner. 102.5 Light in Public Halls and Stairways Every public hall and stairway in every multiple dwelling containing five (5) or more dwelling units shall be adequately lighted at all times. Every public hall and stairway in structures devoted solely to dwelling occupancy and containing not more than four (4) dwelling units may be supplied with conveniently located light switches, con- trolling an adequate lighting system which may be turned on when needed, instead of full -time lighting. All public outdoor walkways or sidewalks within multiple dwelling complexes shall be adequately lighted at all times. Adequate lighting shall be defined as an average horizontal foot candle level of 0.2 lumens per square foot with no value of less than 0.02 lumens per square foot. 103 - Minimum Requirements for Electrical Systems No person shall occupy as owner- occupant or let or sublet to another for occupancy any building, dwelling, or struc- ture, nor shall any vacant building, dwelling, or structure be permitted to exist which does not comply with the following requirements: 103.1 General All fixtures, receptacles, equipment, and wiring shall be maintained in a state of good repair, safe, capable of being used and installed and connected to the source of electric power in accordance with the adopted electrical code of the City of College Station, Texas. 56 (a) Where the determination is made, upon examination of the existing electrical service supply, that such electrical service supply is obsolete or is being used in such manner as would constitute a hazard to the occupants or would otherwise constitute a hazard to life and property, the following shall be used for determining the adequacy of such service supply and main disconnect switch: Total Number of Lighting Capacity of Main Service Supply Electrical Outlets Only and Main Disconnect Switch 0 -24 60 amp service 25 -50 100 amp service (b) The minimum capacity of the service supply and the main disconnect switch shall be sufficient to adequately carry the total load required in accordance with the electrical code of the City of College Station, Texas. 104 - General Requirements for the Exterior and Interior of Structures No person shall occupy as owner - occupant or let or sublet to another for occupancy any building, dwelling, or struc- ture, nor shall any vacant building, dwelling, or structure be permitted to exist which does not comply with the following requirements: 104.1 Foundation The building foundation walls, piers, or other structural elements shall be maintained in a safe manner and capable of supporting the load which normal use may cause to be placed thereon. 104.2 Exterior Walls The exterior walls shall be substantially weathertight, watertight, and shall be made impervious to the adverse effects of weather and be maintained in sound condition and good repair. 104.3 Roofs Roofs shall be maintained in a safe manner and have no defects which might admit rain or cause dampness in the walls or interior portion of the building. 57 104.4 Means of Egress Every dwelling unit shall have safe, unobstructed means of egress with minimum ceiling height of seven feet (7') leading to a safe and open space at ground level. 104.5 Stairs, Porches, and Appurtenance Every inside and outside stair, porch, and any appurtenance thereto shall be safe to use and capable of supporting the load that normal use may cause to be placed thereon; and shall be kept in sound condition and good repair. 104.6 Protective Railings Protective railings shall be required on any unenclosed structure over five feet (5') from the ground level or on any steps containing four (4) risers or more. 104.7 Windows and Doors Every window, exterior door, basement or cellar door, and hatchway shall be substantially weathertight, watertight, and rodent proof; and shall be kept in sound working condi- tion and good repair. 104.8 Windows to be Glazed Window panes or an approved substitute shall be maintained without cracks or holes. 104.9 Window Sash Window sash shall be properly fitted and weathertight within the window frame. 104.10 Windows to be Openable Every window required for light and ventilation for habitable rooms in dwellings or dwelling units shall be capable of being easily opened and secured in position by window hardware. 104.11 Hardware Every exterior door shall be provided with proper hardware and maintained in good condition. 104.12 Door Frames Every exterior door of a dwelling or dwelling unit shall fit reasonably well within its frame so as to substantially exclude rain and wind from entering the dwelling building. (Ordinance No. 1128 of September 14, 1978) 58 104.13 Screens In dwelling buildings without central heating furnaces and air conditioning equipment for mechanically ventilating the building year- round, every door opening directly from a dwelling unit to outdoor space shall have screens and a self- closing device; and every window or other opening from a dwelling unit to outdoor space, used or intended to be used for ventilation, shall likewise have screens. Dwelling buildings containing central heating furnaces and air conditioning equipment for mechanically ventilating the building year -round are not required to have screens on door openings. Nonowner occupied dwelling buildings containing central heating furnaces and air conditioning equipment for mechanically ventilating the building year -round and required to have screens by building regulations appli- cable to their construction or reconstruction shall have all such screens maintained in working order. The management of nonowner occupied dwelling buildings containing central heating furnaces and air conditioning equipment for mechanically ventilating the building year - round and not otherwise required to have screens shall make screens available to the tenants who request them under the following terms: (a) A reasonable refundable deposit, the amount of which for any apartment complex may be appealed to the structural standards board, may be required to be paid for each such installation for replacement. (b) Each management shall keep on hand a sufficient quantity of screen assemblies to fulfill normal demand within seven (7) working days of any request for installa- tion. (c) Where a screen is required for an opening which can serve no purpose for ventilation, the building official, after inspecting the premises in the presence of the tenant and the manager, may relieve the management of the obligation of fulfilling the request. Such determination shall be in writing and subject to appeal as provided in sub- section 202.5(c). (d) Notice of the availability of screens and the terms under which they may be installed shall be posted in the place or places where rents are collected and will be delivered to each occupied dwelling unit during the first month of the lease term. (Ordinance No. 1185 of September 27, 1979) 59 104.14 Protective Treatment All exterior wood surface, other than decay resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. 104.15 Accessory Structures Garages, storage buildings, and other accessory structures shall be maintained and kept in good repair and sound structural condition. 104.16 Interior Floors, Walls, and Ceilings Every floor, interior wall, and ceiling shall be sub- stantially rodent proof; shall be kept in sound condition and good repair; and shall be safe to use and capable of supporting the load which normal use may cause to be placed thereon. 104.17 Structural Supports Every structural element of the building, dwelling, or structure shall be maintained structurally sound and show no evidence of deterioration which would render them in- capable of carrying the loads which normal use may cause to be placed thereon. 104.18 Protective Railings for Interior Stairs Interior stairs and stairwells more than four (4) risers shall have handrails located in accordance with the require- ments of the building code. Handrails or protective railings shall be capable of bearing normally imposed loads and be maintained in good condition. 104.19 Notification of Flood Hazards If a dwelling unit is damaged by flooding, it shall be the responsibility of the owner or his agent to provide prospective tenants or purchasers with a written record describing all flood damage within the past ten (10) years. . 105 - Minimum Dwelling Space Requirements No person shall occupy as owner- occupant or let or sublet to another for occupancy any dwelling or dwelling unit designed or intended to be used for the purpose of living, sleeping, cooking, or eating therein, nor shall any vacant dwelling building be permitted to exist which does not comply with the following requirements: 60 105.1 Required Space in Dwelling Unit Every dwelling unit shall contain at least one hundred fifty (150) square feet of floor space for the first occupant thereof and at least one hundred (100) additional square feet of floor space per additional occupant. 105.2 Required Space in Sleeping Rooms In every dwelling unit of two (2) or more rooms, every room occupied for sleeping purposes by one (1) occupant shall contain at least seventy (70) square feet of floor space, and every room occupied for sleeping purposes for more than one (1) occupant shall contain at least fifty (50) square feet of floor space for each occupant thereof. 105.3 Minimum Ceiling Height At least one -half (2) of the floor area of every habitable room, foyer, hall, or corridor shall have a ceiling height of at least seven feet (7'); and the floor area of that part of any room where the ceiling height is less than seven feet (7') shall not be considered as part of the floor area in computing the total floor area of the room for the purpose of determining the maximum permissible occupancy thereof. 105.4 Occupancy of Dwelling Unit Below Grade No basement or cellar space shall be used as a habitable room or dwelling unit unless: (a) The floor and walls are impervious to leakage of underground and surface runoff water and are insulated against dampness. (b) The total of window area in each room is equal to at least the minimum window area size as required in sub- section 102.1 of this code. (c) Such required minimum window area is located entirely above the grade of the ground adjoining such window area. (d) The total of openable window area in each room is equal to at least the minimum as required under subsection 102.2 of this code, except where there is supplied some other device affording adequate ventilation. 61 106 - Sanitation Requirements No person shall occupy as owner- occupant or let, or sublet to another for occupancy any dwelling or dwelling unit designed or intended to be used for the purpose of living, sleeping, cooking, or eating therein, nor shall any vacant dwelling building be permitted to exist which does not comply with the following requirements: 106.1 Sanitation Every owner of a dwelling containing three (3) or more dwelling units shall be responsible for maintaining in a clean and sanitary condition the shared or public areas of the dwelling and premises thereof. 106.2 Cleanliness Every occupant of a dwelling . unit shall keep in a clean and sanitary condition that part of the dwelling, dwelling unit, and premises thereof which he occupies and controls or which is provided for his particular use. 106.3 Garbage Disposal Every occupant of a dwelling or dwelling unit shall dispose of all his garbage and any other organic waste which might provide food for rodents and all rubbish in a clean and sanitary manner by complying with the applicable city ordinance. 106.4 Care of Premises (a) It shall be unlawful for the owner or occupant of a residential building, structure, or property to utilize the premises of such residential property for the open storage of any abandoned motor vehicle, ice box, refriger- ator, stove, glass, building material, building rubbish, or similar items. It shall be the duty and responsibility of every such owner or occupant to keep the premises of such residential property clean and to remove from the premises all such abandoned items as listed above, includ- ing but not limited to weeds, dead trees, trash, garbage, etc., upon notice from the building official. Owners and occupants shall maintain lawn areas in a manner consistent with adjacent properties. (b) For the purpose of this section, an abandoned motor vehicle is defined as one that is in a state of disrepair and incapable of being moved under its own power. 62 106.5 Extermination Every occupant of a single dwelling building and every owner of a building containing two (2) or more dwelling units shall be responsible for the extermination of any insects, rodents, or other pests within the building or premises. 106.6 Use and Operation of Supplied Plumbing Fixtures Every occupant of a dwelling unit shall keep all plumbing fixtures therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation thereof. 107 - Rooming Houses No person shall operate a rooming house, or shall occupy or let to another for occupancy any rooming unit in any rooming house, except in compliance with the provisions of every section of this code except the provisions of subsection 101 and subsection 106. 107.1 Water Closet, Lavatory, and Bath Facilities (a) At least one (1) flush water closet, lavatory basin, and bathtub or shower, properly connected to a water and sewer system and in good working condition, shall be supplied for each four (4) rooms within a rooming house wherever said facilities are shared. (b) All such facilities shall be located on the floor they serve within the dwelling so as to be reasonably accessible from a common hall or passageway to all persons sharing such facilities. 107.2 Water Heater Required Every lavatory basin and bathtub or shower shall be supplied with hot water at all times. 107.3 Minimum Floor Area for Sleeping Purposes Every room occupied for sleeping purposes by one (1) person shall contain at least seventy (70) square feet of floor space and every room occupied for sleeping purposes by more than one (1) person shall contain at least fifty (50) square feet of floor space for each occupant thereof. 63 107.4 Exit Requirement Every rooming unit shall have safe, unobstructed means of egress leading to safe and open space at ground level, as required by the laws of the governed area or of the state. 107.5 Sanitary Conditions The operator of every rooming house shall be responsible for the sanitary maintenance of all walls, floors, and ceilings, and for maintenance of a sanitary condition in every other part of the rooming house; and he shall be further responsible for the sanitary maintenance of the entire premises owned, leased, or occupied by the operator. 108 - Unsafe Structures All structures, dwellings, apartment houses, rooming houses, buildings, or outbuildings which are unsafe, unsanitary, unfit for human habitation; or which constitutes a fire hazard, or otherwise dangerous to human life, or which in relation to existing use constitute a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence, abandonment, or lack of adequate egress, are generally in contemplation of this section, unsafe buildings. All such unsafe buildings are hereby declared illegal and a public nuisance and shall be abated by repair and rehabilitation or by demolition in accordance with the provisions of this section and the laws of the State of Texas. 200 - Organization 201.1 Enforcement Officer There is hereby established by the city council of the City of College Station, Texas, provisions for the en- forcement of this code by the building official. 201.2 Restrictions on Employees No officer or employee connected with the department, except one whose only connection is a member of the structural standards board, shall be financially interested in the furnishing of labor, material, or appliances for the construction, alteration, or maintenance of a building within the city, or in the making of plans or of specifica- tions therefor, unless he is the owner of such building. No such officer or employee shall engage in any work which is inconsistent with his duties or with the interests of the department. 64 201.3 Records The building official shall keep, or cause to be kept, a record of the business of the department. The records of the department shall be open to public inspection. 201.4 Right of Entry The building official shall enforce the provisions of this code, and he or his duly authorized representative upon presentation of proper identification to the owner, agent, or tenant in charge of such property, may enter any building, structure, dwelling, apartment, apartment house, or premises between 8:00 a.m. and 5:00 p.m. or other times specified by the owner between 7:00 a.m. and 10:00 p.m.; in the event that the property is or reasonably appears to be unoccupied the building official or his authorized representative may enter any such structure at any reasonable time. 201.5 Duties The duties of the building official shall be: (a) To inspect structures, buildings, and dwellings which he may have reason to believe are unsafe buildings within the meaning of this code. (b) To forward to the structural standards board the results of his investigations, notifying the owners, tenants, and such other persons as the board may direct of the time and place of the hearing. (c) To make such investigations as the board may direct pursuant to this code. (d) To issue such notices and orders as may be necessary to accomplish the directives of the board in abatement of nuisances. (e) To submit to the city council ordinances levying assessments in cases where abatement by city forces is required. 201.6 Reports The building official shall annually submit a report to the city manager covering the work of the department during the preceding year. He shall incorporate in said report a summary of the decisions of the structural standards board during said year. 65 202 - Structural Standards Board 202.1 Structural Standards Board Created There is hereby created by the city council of the City of College Station, a board to be known as the structural standards board, which shall consist of not less than three (3) members appointed by the city council. The members shall be residents of the city. Members of the board shall be appointed for three (3) year terms, except that on initial appointment, one (1) shall be appointed for one (1) year, one (1) for two (2) years, and one (1) for three (3) years. Any one (1) or more members of said board shall be subject to removal or replacement by the city council for cause, and a vacancy on said board shall be filled by the city council for the unexpired term of such vacancy. The members of the board shall serve without compensation. 202.2 Rules of Procedure As soon as practical after their appointment the members of the structural standards board shall meet and organize, electing a chairperson and adopting such rules of procedure as they deem necessary. Thereafter, officers of the board shall be elected at the first meeting after appointment of a new member or members, and rules of procedure may be amended by the board at any time. 202.3 Meetings The board shall hold regular meetings each month at the call of the chairperson. Special meetings may be called by the chairperson at any time, and the chairperson may cancel a regular meeting for which no business is presented. The chairperson may decline to admit to the agenda any case involving premises or barties previously considered by the board when no substantial change of condition is shown. 202.4 Records The board shall keep, or cause to be kept, minutes of their proceedings and such records shall be open to public inspection. Decisions and directives of the board shall be noted in the minutes and shall indicate the vote on the decision or directive. 202.5 Duties The duties of the structural standards board shall be: 66 (a) To consider and determine whether or not a particular building, dwelling, or structure is an unsafe building within the meaning of this section and a public nuisance. (b) To determine the means by which any unsafe building and public nuisance shall be abated, whether by vacating, repair, or demolition and to determine the time by which such actions shall be accomplished. (c) To hear and consider appeals for modification or reversal of orders, notices, and actions of the building official in execution of his duties pursuant to this section and directives of the board, and to this end the board shall have the powers of the building official. 300 - Procedure 300.1 Complaints When the building official shall find or if any person files with him a complaint in writing alleging that a building, dwelling, or structure is an unsafe building within the meaning of this code, he shall investigate and document the conditions on the site. 300.2 Investigation If the said investigation shows that there is reasonable cause to believe that the building is unsafe, the build- ing official shall forward the results of the investiga- tion to the structural standards board and give notice of the hearing to the owners and occupants of the premises and to such other persons as the board may direct. If the investigation reveals that there is no cause for action, the building official shall so inform the plaintiff by regular mail, and such decision may be appealed to the board by the plaintiff. 300.3 Form of Notice of Hearing The notice of hearing shall: (a) Be in writing. (b) State the time and place of the hearing. (c) Include a description of the real estate sufficient for identification. (d) Summarize the questions to be determined by the board. 67 300.4 Service of Notice Service of notice of the hearing shall be accomplished by a minimum of two (2) of the following: (a) By delivery to the owner and to the occupant personally, or by leaving the notice at the usual place of abode of the owner with a person of suitable age and discretion. (b) By depositing the notice in the United States Post Office addressed to the owner and to the occupant at his last known address with postage prepaid thereon. (c) By posting and keeping posted for thirty (30) days a copy of the notice in placard form in a conspicuous place on the premises to be vacated. (d) By publishing the notice in a newspaper of general circulation in Brazos County, Texas. This subsection may be used whenever the name of the owner of the property is unknown to the building official or such owner is a transient person, and after due diligence the building official is unable to determine the name of the owner or his whereabouts. 300.5 Hearing The board shall hold a public hearing at the time and place specified in the notice of hearing, study the evidence presented and hear testimony of those persons who appear to have interest in the question and shall determine in each case the following: (a) Whether or not the conditions shown are singly or in combination, such that the building, structure, or dwelling is an unsafe building and a public nuisance within the meaning of this code. (b) Whether continued occupancy is to be allowed or the building, structure, or dwelling is to be vacated, and the time by which the building, structure, or dwelling is to be vacated. (c) Whether the nuisance is to be abated by repair or demolition, the extent of repairs and time allowed for completion of repairs if required; or the time by which demolition is to be accomplished. 300.6 Notice of Condemnation In the event that the board finds that a nuisance exists, the building official shall, on the first working day 68 following the hearing, post notice of the decision of the board on the premises and keep the same posted until the nuisance is abated. It shall be unlawful for any person to remove, deface, or cover such notice until the building official determines that its requirements have been fulfilled. 300.7 Obligations of the Owners and Occupants The owner of a building, dwelling, or structure declared unsafe and a public nuisance shall obtain the necessary permits, and execute the work necessary to comply with the requirements of the board, completing the same within the time specified by the board. Where vacancy is required, the occupants shall vacate the premises on or before the date set for vacancy, and thereafter it shall be unlawful for any person to enter the premises for any purpose other than the abatement of the nuisance. 300.8 Removal by City Forces After the expiration of the time fixed by the board for removal or repair of the structure, if the necessary action has not been taken the building official may direct that the structure be removed at the expense of the city and the expenses for removal be assessed on the land on which the structure stood or to which it was attached. The assessment shall be levied by ordinance passed by the city council and published once in a newspaper of general circulation in Brazos County, Texas. The assessment may be collected by any lawful means not inconsistent with Article 1175, Section 35, Vernon's Annotated Civil Statutes. 400 - Definitions 400.1 For the purpose of this code, certain abbreviations, terms, phrases, words, and their derivatives shall be construed as set forth in this subsection. 400.2 Words used in the present tense include the future. Words in the masculine gender include the feminine and neuter. Words in the feminine and neuter gender include the masculine. The singular number includes the plural and the plural number includes the singular. The following definitions shall apply in the interpretation and enforcement of this section: 69 Alter or Alteration means any change or modification in construction or occupancy. Applicable Governing Body means the city council, College Station, Texas, to administer and enforce the provisions of this code, as adopted or amended. Approved shall mean approved by the building official. Basement shall mean a portion of a building located partly underground but having less than one -half (2) or more of its clear floor -to- ceiling height below the average grade of the adjoining ground. Building shall mean any structure built for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind. The term building shall be construed as if followed by the words "or part thereof." Building Official shall mean the officer, or other person, charged with the administration and enforcement of this section or his duly authorized representative. Cellar shall mean a portion of a building located partly or wholly underground, having one -half (z) or more of its clear floor -to- ceiling height below the average grade of the adjoining ground. Dwelling shall mean any building which is wholly or partly used or intended to be used for living or sleeping by human occupants whether or not such building is occupied or vacant; provided that temporary housing as hereinafter defined shall not be regarded as a dwelling, nor shall trailers be included as a dwelling. Dwelling Units shall mean any room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking, and eating whether or not such unit is occupied or vacant. Extermination shall mean the control and extermination of insects, rodents, or other pests by eliminating their harborage places, by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating, trapping, or by any other recognized and legal pest elimination methods. Family means one (1) or more persons living together, whether related by blood, marriage, or adoption, and having common housekeeping facilities. 70 Floor Area shall mean the total area of all habitable space in a building or structure. Garbage shall mean the animal and vegetable waste result- ing from the handling, preparation, cooking, and consump- tion of food. Habitable Room shall mean a room or enclosed floor space used or intended to be used for living, sleeping, cooking, or eating purposes, excluding bathrooms, water closet compartments, laundries, pantries, foyers, or communicating corridors, closets, and storage spaces. Infestation shall mean the presence within or around a dwelling of any insects, rodents, or other pests. Multiple Dwelling shall mean any building or portion thereof, which is designed, built, rented, leased, let, or hired out to be occupied, or which is occupied as the home or residence of more than two (2) families living independently of each other and doing their own cooking in the said building, and shall include flats and apartments. Openable Area shall mean that part of a window or door which is available for unobstructed ventilation and which opens directly to the outdoors. Operator shall mean any person who has charge, care, or control of a building, or part thereof, in which dwelling units or rooming units are let. Owner shall mean the holder of the title in fee simple and any person, group of persons, company, association, or corporation in whose name tax bills on the property are submitted. It shall also mean any person who alone or jointly or severally with others shall have legal title to any dwelling or dwelling unit, with or without accompanying actual possession thereof; or shall have charge, care, or control of any dwelling or dwelling unit, as owner, executor, executrix, administrator, trustee, guardian of the estate of the owner, mortgagee, or vendee in possessions, assignee of rents, lessee, or other person, firm, or corporation in control of a building, or their duly authorized agents. Any such person thus representing the actual owner shall be bound to comply with the provisions of this section, and of rules and regulations adopted pursuant thereof, to the same extent as if he were the owner. It is his responsibility to notify the actual owner of the reported infractions of these regulations pertaining to the property which apply to the owner. 71 Person shall mean and include any individual, firm, corporation, association, or partnership. Plumbing shall mean the practice, materials, and fixtures used in the installation, maintenance, extension, and alteration of all piping, fixtures, appliances, and appurtenances in connection with any of the following: sanitary drainage or storm drainage facilities, the venting system and the public or private water supply systems, within or adjacent to any building, structure, or conveyance; also the practice and materials used in the installation, maintenance, extension, or alteration of storm water, liquid waste, or sewerage, and water supply systems of any premises to their connection with any point of public disposal or other acceptable terminal. Premises shall mean a lot, plot, or parcel of land including the buildings or structures thereon. In the case of multi - dwelling units, each dwelling unit as defined in this section shall be considered a separate premise. Public Areas as used in this code, means an unoccupied open space adjoining a building and on the same property, that is permanently maintained accessible to the fire department and free of all incumbrances that might interfere with its use by the fire department. Repair means the replacement of existing work with the same kind of material used in the existing work, not including additional work that would change the structural safety of the building, or that would effect or change required exit facilities, a vital element of an elevator, plumbing, gas piping, wiring, or heating installations, or that would be in violation of a provision of law or ordinance. The term repair or repairs shall not apply to any change of construction. Required means required by some provision of this code. Residential Occupancy means buildings in which families or households live or in which sleeping accommodations are provided, and all dormitories shall be classified as residential occupancy. Such buildings include among others, the following: dwellings, multiple dwellings, and lodging houses. Rooming House shall mean any dwelling, or that part of any dwelling containing one (1) or more rooming units, in which space is let by the owner or operator to three (3) or more persons who are not husband or wife, son or daughter, mother or father, or sister or brother of the owner or operator. 72 Rooming Unit shall mean any room or group of rooms forming a single habitable unit used or intended to be used for sleeping and living, but not for cooking or eating purposes. Rubbish shall mean combustible and noncombustible waste materials, except garbage, and the term shall include the residue from the burning of wood, coal, coke, and other combustible material, paper, rags, cartons, boxes, wood excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metal, mineral matter, glass crockery, and dust. Stairway means one (1) or more flights of stairs and the necessary landings and platforms connecting them to form a continuous and uninterrupted passage from one (1) story to another in a building or structure. Story means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. Structure means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. The term structure shall be construed as if followed by the words "or part thereof." Supplied shall mean paid for, furnished, or provided by or under control of the owner or operator. Temporary Housing shall mean any tent, trailer, or other structure used for human shelter which is designed to be transportable and which is not attached to the ground, to another structure, or to any utility system on the same premises for more than thirty (30) consecutive days. Ventilation means the process of supplying and removing air by natural or mechanical means to or from any space. Yard means an open unoccupied space on the same lot with a building extending along the entire length of a street, rear or interior lot line. Whenever the words dwelling, dwelling units, rooming house, rooming units, or premises are used in this section, they shall be construed as though they were followed by the words "or any part thereof." (Ordinance No. 1128 of September 14, 1978) EDITOR'S NOTE: To avoid confusion in the enforcement of the structural standards code, the format of said code as adopted by the city, has been maintained in section 2 above. 73 SECTION 3: PLUMBING CODE A. PLUMBING CODE ADOPTED A booklet entitled "Plumbing Code for City of College Station, Texas, 1977," specifically containing the provisions of Ordinance No. 1108 as adopted on May 27, 1978, as amended and as hereafter may be amended, at least one (1) copy of which is on file in the office of the city secretary of the City of College Station, Texas, is hereby adopted and designated as the plumbing code of the City of College Station. Said code is adopted to the same extent as though copied at length herein, subject to subsequent additions, deletions, and amendments. (Provision for inclusion of section 3 above provided for in ordinance adopting this Code of Ordinances.) SECTION 4: MOBILE HOME PARKS A. AUTHORITY This section is adopted under the authority of the con- stitution and laws of the State of Texas, including particularly Chapter 231, Acts of the 40th Legislature, Regular Session 1927, as heretofore and hereafter amended (compiled as Article 974a, V.A.T.S.), and the provisions of Section 4 of the Municipal Annexation Act, as hereto- fore and hereafter amended (compiled as Article 970a, V.A.T.S.), and pursuant to the provisions of Article II of the College Station City Charter. B. SCOPE AND PURPOSE This section shall govern the establishment and operation of all mobile home parks in the corporate limits of the City of College Station, Texas. The design and use of mobile home parks is an important factor in the process of sound community growth, and becomes a public responsibility in that public services must be provided, and the health, safety, and welfare of the community, as well as harmonious development of the area must be maintained. 74 C. DEFINITIONS As used in this section: (1) Building Administrator means the duly designated building administrator of the City of College Station or his representative. .(2) Health Authority means the duly designated health authority of the City of College Station or his representative. (3) License means a written license issued annually by the building administrator allowing a person to operate and maintain a mobile home park under the provisions of this section and regulations issued hereunder. (4) Mobile Home means a transportable, single - family dwelling unit suitable for year -round occupancy and containing the same water supply, waste disposal, and electrical conveniences as a permanent home. Mobile homes may be equipped with wheels or may be transportable on a trailer. Travel trailers, pick- up coaches, motor homes, or camping trailers are not classed as mobile homes. (5) Mobile Home Park means a parcel of land under single ownership which has been planned and improved for the placement of mobile homes for nontransient use. (6) Mobile Home Lot means a parcel of land in a mobile home park for the placement of a single mobile home and the exclusive use of its occupants. (7) Mobile Home Stand means that part of a mobile home lot which has been reserved for the placement of the mobile home, appurtenant structures, or additions. (8) Permit means a written permit issued by the building authority permitting the construction, alteration, and extension of a mobile home park under the pro- visions of this section. (9) Person means an individual, firm, trust, partnership, public or private association, or corporation. (10) Service Building means a structure housing toilet, lavatory, and such other facilities as may be required by this section. 75 (11) Sewer Connection means the connection consisting of all pipes, fittings, and appurtenances from the drain outlet of the mobile home to the inlet of the corresponding sewer riser pipe of the sewerage system serving the mobile home park. (12) Sewer Riser Pipe means that portion of the sewer lateral which extends vertically to the ground elevation and terminates at each mobile home. (13) Water Connection means the connection consisting of all pipes, fittings, and appurtenances from the water riser pipe to the water inlet pipe of the distributicn system within the mobile home. (14) Water Riser Pipe means that portion of the water supply system serving the mobile home park which extends vertically to the ground elevation and terminates at a designated point at each mobile home lot. (Ordinance No. 627 of May 23, 1969) D. MOBILE HOME USE • It shall be unlawful for any person to connect utilities to, or to occupy a mobile home within the limits of the City of College Station, except where it is located in a duly licensed mobile home park under the terms of this section, and each mobile home shall bear the seal and serial number as prescribed in "The Uniform Standards Code for Mobile Homes," Article 5221f, V.A.T.S. (Ordinance No. 647 of September 22, 1969) E. PLAN APPROVAL (1) Requirements Any person planning to construct, alter, or enlarge a mobile home park shall inform himself as to the requirements of other city ordinances and shall comply with the following: (a) Zoning Regulations Mobile home parks may be constructed only in districts so designated on the zoning map of the city. If the area contemplated is not in such a district, a request should be made for a change in zoning as provided in the zoning ordinance. 76 (b) Subdivision Regulations Plans for . a mobile home park shall be submitted under the same requirements and according to the same procedure as required for a subdivision under the subdivision chapter, with the following additional requirements: Complete engineering plans and specifications of the proposed park, in accordance with the requirements and this section and showing area and dimensions of the tract of land by metes and bounds; the number, location, and size of all mobile home lots; the location and width of roadways and sidewalks; the location of water and sewer lines and riser pipes; the location of service buildings and any other proposed structures; plans and specifications for the water supply and refuse and sewage disposal facilities; plans and specifications of all roadways, sidewalks, and buildings constructed or to be constructed within the mobile home park; the location and details of lighting and electrical systems; and the loca- tion and size of recreation area. (2) Size No mobile home park shall be less than two (2) acres in area. (Ordinance No. 627 of May 23, 1969) (3) Density The density of mobile home parks shall not exceed ten (10) mobile home lots per acre. Density shall include gross area of the individual tract of land. (Ordinance No. 647 of September 22, 1969) (4) Fencing If mobile home parks are constructed adjacent to a permanent home type of residential property, a six foot (6') high solid fence shall be constructed on the boundary line between the mobile home park and the residential property. (5) Applicable Codes All construction shall be in accordance with appli- cable city codes. 77 F. PERMITS (1) Required It shall be unlawful for any person to construct, alter, or extend any mobile home park within the corporate limits of the City of College Station, unless the plan of the mobile home park has been approved by the planning and zoning commission, and unless he holds a valid permit issued by the building administrator in the name of such person for the specific construction, alteration, or exten- sion proposed. (2) Prescribed Fee All applications shall be accompanied by the deposit of a fee as prescribed in the building code, and construction shall be in conformity with the approved plans and specifications. The city will inspect the work in progress at no cost to the developer. G. LICENSES (1) Mobile Home Park License It shall be unlawful for any person to operate any mobile home park within the corporate limits of the City of College Station unless he holds a valid license issued annually by the building administrator in the name of such person for a specific mobile home park. Application for license should be made to the building administrator who shall issue a license upon compliance by the applicant with the provisions of this section and the regulations issued hereunder and other applicable legal require- ments. (a) Application for original license shall be in writing, signed by the applicant, accompanied by an affidavit of the applicant as to the truth of the application and by the deposit of a fee of one hundred dollars ($100.00), and shall contain the name and address of the appli- cant; the location and legal description of the mobile home park; and a site plan of the mobile home park showing all mobile home lots, struc- tures, roads, walkways, and other service facilities. 78 • (b) Applications for renewal of licenses shall be made in writing by the holders of the licenses, shall be accompanied by a deposit of a fee of twenty -five dollars ($25.00), and shall contain any change in the information submitted since the original license was issued or the latest renewal granted. (c) Every person holding a license shall give notice in writing to the building administrator within twenty -four (24) hours after having sold, transferred, given away, or otherwise disposed of interest in or control of any mobile home park. Such notice shall include the name and address of the person succeeding to the ownership or control of.such mobile home park. Upon application in writing for transfer of the license and deposit of a fee of twenty -five dollars ($25.00), the license shall be transferred if the mobile home is in compliance with all applicable provisions of this section. (2) Suspension of License Whenever, upon inspection of any mobile home park, the building administrator and /or health authority finds that conditions or practices exist which are in violation of any provision of this section, the building administrator shall give notice in writing in accordance with subsection I(1) to the person to whom the license was issued that unless such conditions or practices are corrected within a reasonable period of time specified in the notice by the building administrator, the license shall be suspended. At the end of such period, the building administrator shall reinspect such mobile home park and, if such conditions or practices have not been corrected, he shall suspend the license and give notice in writing of such suspension to the person to whom the license is issued. Upon receipt of notice of such suspension, such person shall cease operation of such mobile home park except as provided in subsection I(2). (3) Appeal Any person whose license has been denied or suspended, or who has received notice from the building administrator that his license will be suspended unless certain conditions or practices at the mobile home park are corrected, may request 79 and shall be granted a hearing on the matter before the city council, under the procedure provided by subsection I of this section; provided that when no petition for such hearing shall have been filed within ten (10) days following the day on which notice of suspension was served, such license shall be deemed to have been automatically revoked at the expiration of such ten (10) day period. (4) Temporary License A temporary license, upon written request therefor, shall be issued by the building administrator, for every mobile home park in existence, upon the effective date of this section, permitting the mobile home park to be operated during the period ending one hundred eighty (180) days after the effective date of this section in accordance with such condi- tions as the building administrator may require. The term of the temporary license shall be extended, upon written request, for not to exceed one (1) additional period of one hundred eighty (180) days if: (a) The licensee shall have filed application fora license in conformity with paragraph (1) of this subsection within ninety (90) days after the effective date of this section. (b) The plans and specifications accompanying the application for license comply with all provi- sions of this section and all other applicable ordinances and statutes. (c) The licensee shall have diligently endeavored to make the mobile home park conform fully to the plans and specifications submitted with application. (d) Failure to make the existing mobile home park conform fully to such plans and specifications shall have been due cause beyond the control of the licensee. (5) Occupancy License It shall be unlawful for any person to operate a mobile home park within the corporate limits of the City of College Station unless he shall pay an occupancy license fee to the City of College Station 80 for each mobile home lot that is occupied by a mobile home as of the first day of each month. These fees are due and payable quarterly, in other words, in January, April, July and October of each year, and are due not later than the tenth (10th) day of the month in which they are payable. The occupancy license fee shall be two dollars ($2.00) per month per occupied mobile home lot, and the payment shall be accompanied by a signed statement by the person holding a valid mobile home park license, listing the occupied mobile home lots by number and showing the name of the mobile home owner which occupies each lot, each month. H. INSPECTION OF MOBILE HOME PARKS (1) As Necessary The building administrator and health authority are hereby authorized and directed to make such inspec- tions as are necessary to determine satisfactory compliance with this section. (2) Inspection Powers The building administrator and health authority shall have the power to enter at reasonable times upon any private or public property for the purpose of inspec- tion and investigating conditions relating to the enforcement of this section. (3) Power to Inspect Register The health authority shall have the power to inspect the register containing a record of all residents of the mobile home park. (4) Access to Premises It shall be the duty of the owners or occupants of mobile home parks, and the mobile homes contained therein, or of the person in charge thereof, to give the building administrator or health authority free access to such premises at reasonable times for the purpose of inspection. (5) Duty of Occupants It shall be the duty of every occupant of a mobile home park to give the owner thereof or his agent or 81 employees access to any part of such mobile home park or its premises at reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with this sec- tion, or with any lawful order issued pursuant to the provisions of this section. I. NOTICES, HEARINGS, AND ORDERS (1) Nature of Notice Whenever the building administrator determines that there are reasonable grounds to believe that there has been a violation of any provision of this sec- tion, the building administrator shall give notice of such alleged violation to the person to whom the permit or license was issued, as herein provided. Such notice shall: (a) Be in writing. (b) Include a statement of the reason for its issue. (c) Allow a reasonable time for the performance of the act it requires. (d) Be served upon the owner or his agent as the case may require; provided, that such notice or order shall be deemed to have been properly served upon such owner or agent when a copy thereof has been sent by registered mail to his last known address, or when he has been served with such notice by any method authorized or required by the laws of this state. (e) Contain an outline of remedial action which, if taken, will effect compliance with the provi- sions of this section. (2) Filing for Hearing; Conduct of Any person affected by any notice which has been issued in connection with the enforcement of any provision of this section, may request and shall be granted a hearing on the matter before the city council; provided that such person shall file in the office of the building administrator a 82 written petition requesting such hearing and setting forth a brief statement on the grounds thereof within ten (10) days after the day the notice was served. The filing of the request for a hearing shall operate as a stay of the notice and of the suspension except in the case of an order issued under paragraph (5) herein. Upon receipt of such petition, the building administrator shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing, the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn. The hearing shall be commenced not later than the next regular city council meeting after the day on which the petition was filed; provided, that upon application of the petitioner, the building administrator may postpone the date of the hearing for a reasonable time beyond such ten (10) day period when in his judgment the petitioner has submitted good and sufficient reasons for such postponement. (3) City Council to Issue Written Order After such hearing, the city council shall make findings as to compliance with the provisions of this section and shall issue an order in writing sustaining, modifying, or withdrawing the notice which shall be served as provided in paragraph (1)(d) above. Upon failure to comply with any order sustaining or modifying a notice, the license of the mobile home park affected by the order shall be revoked. (4) Aggrieved Persons The proceedings at such a hearing, including the findings and decision of the city council, and together with a copy of every notice and order related thereto shall be entered as a matter of public record in the office of the city secretary, but the transcript of the proceedings need not be transcribed unless judicial review of the decision is sought as provided by this subsection. Any person aggrieved by the decision of the city council may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of this state. 83 (5) Emergency Situations Whenever the building administrator finds that an emergency exists which requires immediate action to protect the public health, he may, without notice or hearing issue an order reciting the existence of such an emergency and requiring that such action be taken as he may deem necessary to meet the emergency including the suspension of permit or license. Notwithstanding any other provisions of this section, such order shall be effective immediately. Any person to whom such an order is directed shall comply therewith immediately, but upon petition to the building administrator shall be afforded a hearing as soon as possible. The provisions of paragraphs (3) and (4) of this sub- section shall be applicable to such hearing and the order issued thereafter. J. ENVIRONMENTAL, OPEN SPACE, AND ACCESS REQUIREMENTS (1) General Requirements Condition of soil, groundwater level, drainage, and topography shall not create hazards to the property or the health or safety of the occupants. The site shall not be exposed to objectionable smoke, noise, odors, or other adverse influences, and no portion subject to unpredictable and /or sudden flooding, subsidence or erosion shall be used for any purpose which would expose persons or property to hazards. (2) Soil and Ground Cover Requirements Exposed ground surfaces in all parts of every mobile home park shall be paved, or covered with stone screenings, or other solid material, or protected with a vegetative growth that is capable of preventing soil erosion and of eliminating objectionable dust. (3) Site Drainage Requirements The ground surface in all parts of every mobile home park shall be graded and equipped to drain all surface water in a safe, efficient manner. (4) Park Areas for Nonresident Uses (a) No part of any park shall be used for non- residential purposes, except such uses that are required for the direct servicing and 84 well being of park residents and for the manage- ment and maintenance of the park. (b) Nothing contained in this subsection shall be deemed as prohibiting the sale of a mobile home located on a mobile home stand and connected to the pertinent utilities. (5) Required Separation between Mobile Homes (a) Mobile homes shall be separated from each other and from other buildings and structures by at least fifteen feet (15'); provided that mobile homes placed end -to -end may have a clearance of ten feet (10') where opposing rear walls are staggered. (b) An accessory structure which has a horizontal area exceeding twenty five (25) square feet, is attached to a mobile home or located within ten feet (10') of its window shall, for purposes of all separation requirements, be considered to be part of the mobile home. (Ordinance No. 627 of May 23, 1969) (6) Required Recreation Areas (a) In all parks designed to accommodate twenty (20) or more mobile homes, there shall be one (1) or more recreation areas which shall be easily accessible to all park residents. (b) The size of such recreation areas shall be based upon a minimum of four hundred (400) square feet for each mobile home lot. No recreational area shall be less than eight thousand (8,000) square feet. (Ordinance No. 647 of September 22, 1969) (c) Recreation areas shall be so located as to be free of traffic hazards and should, where the topography permits, be centrally located. (7) Required Setbacks, Buffer Strips and Screening (a) All mobile homes shall be located at least twenty five feet (25') from any park property boundary line abutting upon a public street 85 or highway and at least fifteen feet (15') from other park property boundary lines. (b) There shall be a minimum distance of ten feet (10') between an individual mobile home and adjoining pavement of a park street, or common parking area or other common areas. (c) All mobile home parks located adjacent to indus- trial or commercial land uses shall be provided with screening such as fences or natural growth along the property boundary line separating the park and such adjacent nonresidential uses. (8) Park Street System (a) General Requirements All mobile home parks shall be provided with safe and convenient vehicular access from abutting public streets or roads to each mobile home lot. Alignment and gradient shall be properly adapted to topography. (b) Access Access to mobile home parks shall be designed to minimize congestion and hazards at the entrance or exit and allow free movement of traffic on adjacent streets. The entrance road connecting the park streets with a public street or road shall have a minimum road pave- ment width of thirty -four feet (34') where parking is permitted on both sides, or a minimum road pavement width of twenty -seven feet (27') where parking is limited to one (1) side. Where the primary entrance road is more than one hundred feet (100') long and does not provide access to abutting mobile home lots within such distance, the minimum road pavement width may be twenty -four feet (24'); provided parking is prohibited at both sides. (c) Internal Streets Surfaced roadways shall be of adequate width to accommodate anticipated traffic, and in any case, shall meet the following minimum require- ments: 86 All streets, except minor streets, twenty -four feet (24'). Minor streets, no parking, eighteen feet (18'). (Acceptable only if less than five hundred feet (500') long and serving less than twenty -five (25) mobile homes or of any length if one -way and providing access to abutting mobile home lots on one (1) side only.) Dead -end streets shall be limited in length to one thousand feet (1,000') and shall be pro- vided at the closed end with a turn - around having an outside roadway diameter of at least sixty feet (60'). (d) Required Illumination of Park Street Systems All parks shall be furnished with lighting units so spaced and equipped with luminaries placed at such mounting heights as will provide the following average maintained levels of illumina- tion for the safe movement of pedestrians and vehicles at night: All parts of the park street systems; 0.6 foot - candle, with a minimum of 0.1 footcandle. Potentially hazardous locations, such as a major street intersection and steps or stepped ramps; individually illuminated, with a minimum of 0.3 footcandle. (e) Street Construction and Design Standards (i) Pavement All streets shall be provided with a smooth, hard, and dense surface which shall be durable and well - drained under normal use and weather conditions. Pave- ment edges shall be protected to prevent raveling of the wearing surface and shifting of the pavement base. Street surfaces shall be maintained free of cracks, holes, and other hazards. (ii) Grades Grades of all streets shall be sufficient to insure adequate surface drainage, but shall be not more than eight percent (80). 87 Short runs with a maximum grade of twelve percent (12 %) may be permitted; provided traffic safety is assured by appropriate paving, adequate leveling areas, and avoidance of lateral curves. (iii) Intersections Within one hundred feet (100') of an intersection, streets shall be at approximately right angles. A distance of at least one hundred fifty feet (150') shall be maintained between centerlines of offset intersecting streets. Inter- sections of more than two (2) streets at one (1) point shall be avoided. (9) Required Off- Street Parking Areas (a) Off - street parking areas shall be provided in all mobile home parks for the use of park occupants and guests. Such areas shall be furnished at the rate of at least 1.25 car spaces for each mobile home lot. (b) Required car parking spaces shall be so located as to provide convenient access to the mobile home, but shall not exceed a distance of two hundred feet (200') from the mobile horse that it is intended to serve. (10) Walks (a) General Requirements All parks shall be provided with safe, convenient, all - season pedestrian access of adequate width for intended use, durable and convenient to maintain, between individual mobile homes, the park streets and all community facilities provided for park residents. Sudden changes in alignment and gradient shall be avoided. (b) Common Walk System A common walk system shall be provided and maintained between locations where pedestrian traffic is concentrated. Such common walks shall have a minimum width of three and one - half feet (3 2') . 88 (c) Individual Walks All mobile home stands shall be connected to common walks, to paved streets, or to paved driveways or parking spaces connecting to a paved street. Such individual walks shall have a minimum width of two feet (2'). (11) Mobile Home Stands The area of the mobile home stand shall be improved to provide an adequate foundation for the placement and tie -down of the mobile home, thereby securing the superstructure against uplift, sliding, rotation, and overturning. (a) The mobile home stand shall not heave, shift, or settle unevenly under the weight of the mobile home due to inadequate drainage, vibra- tion, or other forces acting on the super- structure. (b) The mobile home stand shall be provided with anchors and tie -downs such as cast -in -place concrete "dead- men ", eyelets imbedded in con- crete foundations or runways, screw augers, arrowhead anchors, or other devices, securing the stability of the mobile home. (c) Anchors and tie -downs shall be placed at least at each corner of the mobile home stand and each shall be able to sustain a minimum tensile strength of two thousand eight hundred (2,800) pounds. K. WATER SUPPLY (1) Accessible Supply to be Provided An accessible, adequate, safe, and potable supply of water shall be provided in each mobile home park. Where a public supply of water of satisfactory quantity, quality, and pressure is available, connection shall be made thereto and its supply used exclusively. When a satisfactory public water supply is not available, a private water supply system may be developed and used as approved by the health authority. 89 (2) Plumbing Code Regulations Installation of water supply system shall be in accordance with section 3 of this building regula- tions chapter. L. SEWAGE DISPOSAL (1) General Requirements An adequate and safe sewerage system shall be provided in all mobile home parks for conveying and disposing of all sewage. Such system shall be designed, constructed, and maintained in accor- dance with state and local laws. (2) Plumbing Code Regulations Installation of sewer system shall be in accordance with section 3 of this building regulations chapter. M. ELECTRICAL DISTRIBUTION SYSTEM (1) General Requirements Every park shall contain an electrical wiring system consisting of wiring, fixtures, equipment, and appurtenances which shall be installed and maintained in accordance with applicable codes and regulations governing such systems. (2) Power Distribution Lines (a) Main power lines not located underground shall be suspended at least eighteen feet (18') above the ground. There shall be a minimum horizontal clearance of three feet (3') between overhead wiring and any mobile home, service building, or other structure. (b) All direct burial conductors or cable shall be buried at least eighteen inches (18 ") below the ground surface and shall be insulated and specially designed for the purpose. Such conductors shall be located not less than one foot (1') radial distance from water, sewer, gas, or communication lines. 90 (3) Individual Electrical Connections (a) Each mobile home lot shall be provided with an approved disconnecting device and overcurrent protective equipment. The minimum service per outlet shall be 120/240 volts, AC, 50 amperes. (b) Outlet receptacles at each mobile home stand shall be located not more than twenty five feet (25') from the overcurrent protective devices in the mobile home and a 3 -pole, 4 -wire grounding type shall be used. Receptacles shall be of weatherproof construction and configurations shall be in accordance with American Standard Outlet Receptacle, C -73 -1. (c) The mobile home shall be connected to an outlet receptacle by means of conductors or flexible cables which shall be installed in an approved metallic or plastic conduit from the outlet receptacle to a point under the mobile home, at least two feet (2') from the edge of the mobile home. Said conduit shall be buried at least eighteen inches (18 ") below grade. (d) The capacity of the conductors or flexible cables connecting the outlet receptacle to the mobile home shall be sufficient for the electrical load expected in the mobile home but in no case of lesser capacity than the service entrance equip- ment. (4) Required Grounding All exposed noncurrent carrying metal parts of mobile homes and all other equipment shall be grounded by means of an approved grounding conductor with branch circuit conductors or other approved method of grounding metallic wiring. The neutral conductor shall not be used as an equipment ground for mobile homes or other equipment. N. SERVICE BUILDING AND OTHER COMMUNITY SERVICE FACILITIES (1) General The requirements of this subsection shall apply to service buildings, recreation buildings, and other community service facilities such as management 91 offices, repair shops, and storage areas; sanitary facilities; laundry facilities; indoor recreation areas; and commercial uses supplying essential goods or services for the exclusive use of park occupants. (2) Required Community Sanitary Facilities Every park shall be provided with the following emergency sanitary facilities: For each fifty (50) mobile home lots, or fractional part thereof, there shall be one (1) flush toilet and one (1) lavatory for each sex. The building containing such emergency sanitary facilities shall be accessible to all mobile homes. (3) Structural Requirements for Buildings (a) All portions of the structure shall be properly protected from damage by ordinary uses and by decay, corrosion, termites, and other destruc- tive elements. Exterior portions shall be of such materials and be so constructed and pro- tected as to prevent entrance or penetration of moisture and weather. (b) All rooms containing sanitary or laundry facilities shall have sound- resistant walls extending to the ceiling between male and female sanitary facilities; walls and partitions around showers, bathtubs, lavatories, and other plumbing fixtures shall be constructed of dense, nonabsorbent, waterproof material, or covered with moisture resiliant material; have at least one (1) window or skylight facing directly to the outdoors, the minimum aggregate gross area of windows for each required room shall be not less than ten percent (10 %) of the floor area served by them; and have at least one (1) window which can be easily opened, or a mechanical device which will adequately ventilate the room. (c) Toilets shall be located in separate compart- ments equipped with self- closing doors. Shower stalls shall be of the individual type. The rooms shall be screened to prevent direct view of the interior when the exterior doors are open. 92 (d) Illumination levels shall be maintained as follows: General seeing tasks - 5 footcandles. Laundry room work area - 40 footcandles. Toilet room, in front of mirrors - 40 footcandles. (e) Hot and cold water shall be furnished to every lavatory, sink, bathtub, shower, and laundry fixture, and cold water shall be furnished to every water closet and urinal. (f) All structures shall comply with the building code as referenced in section 1 of this chapter. (4) Barbecue Pits, Fireplaces, Stoves Cooking shelters, barbecue pits, and fireplaces shall be so located, constructed, maintained, and used as to minimize fire hazards and smoke nuisance both on the property on which used and on neighboring property. No open fire shall be permitted except in facilities provided. No open fire shall be left unattended. No fuel shall be used and no material burned which emits dense smoke or objectionable odors. 0. REFUSE HANDLING (1) General Requirements The storage, collection, and disposal of refuse in the mobile home park shall be so conducted as to create no health hazards, rodent harborage, insect breeding areas, accident or fire hazards, or air pollution. (2) Construction and Location of Containers All refuse shall be stored in flytight, watertight, rodent proof containers, which shall be located not more than one hundred fifty feet (150') from any mobile home lot. Containers shall be provided in sufficient number and capacity to properly store all refuse. 93 (3) Refuse Collection Stands Refuse collection stands shall be provided for all refuse containers. Such container stands shall be so designed as to prevent containers from being tipped, to minimize spillage and container deterioration, and to facilitate cleaning around them. (4) Collection of Refuse All refuse containing garbage shall be collected at least twice weekly. Where suitable collection service is not available from municipal or private agencies, the mobile home park operator shall pro- vide this service. All refuse shall be collected and transported in covered vehicles or covered containers. P. INSECT AND RODENT CONTROL (1) Grounds, Buildings, and Structures Grounds, buildings, and structures shall be main- tained free of insect and rodent harborage and infestation. Extermination methods and other measures to control insects and rodents shall conform with the requirements of the health authority. (2) Parks Parks shall be maintained, free of accumulations of debris which may provide rodent harborage or breeding places for flies, mosquitoes, and other pests. (3) Storage Areas Storage areas shall be so maintained as to prevent rodent harborage. Lumber, pipe, and other building material shall be stored at least one foot (1') above the ground. (4) Screened Openings Where the potential for insect and rodent infestation exists, all exterior openings in or beneath any structure shall be appropriately screened with wire mesh or other suitable materials. 94 (5) Brush and Grass The growth of brush and grass shall be controlled to prevent harborage of ticks, chiggers, and other noxious insects. Parks shall be so maintained as to prevent the growth of ragweed, poison ivy, poison oak, poison sumac, and other noxious weeds considered detrimental to health. Open areas shall be maintained free of heavy undergrowth of any description. Q. FUEL SUPPLY AND STORAGE (1) Natural Gas System (a) Natural gas piping systems shall be installed and maintained in accordance with applicable codes and regulations governing such systems. (b) Each mobile home lot provided with piped gas shall have an approved manual shut -off valve installed upstream of the gas outlet. The outlet shall be equipped with an approved cap tc prevent accidental discharge of gas when the outlet is not in use. (2) Liquified Petroleum Gas Systems (a) Liquified petroleum gas systems shall be in- stalled and maintained in accordance with applicable codes and regulations governing such systems. (b) Systems shall be provided with safety devices to relieve excessive pressures and shall be arranged so that the discharge terminates at a safe location. (c) Systems shall have at least one (1) accessible means for shutting off gas. Such means shall be located outside the mobile home and shall be maintained in effective operating condition. (d) All LPG piping outside of the mobile homes shall be well supported and protected against mechanical injury. Undiluted liquified petro- leum gas in liquid form shall not be conveyed through piping equipment and systems in mobile homes. 95 (e) Liquified petroleum gas containers installed on a mobile home lot shall be securely but not permanently fastened to prevent accidental overturning. Such containers shall not be less than twelve (12) nor more than sixty (60) U.S. gallons gross capacity. (f) No liquified petroleum gas vessel shall be stored or located inside or beneath any storage cabinet, carport, mobile home, or any other structure, unless such installations are approved by the building administrator. (3) Fuel Oil Supply Systems (a) All fuel oil supply systems shall be installed and maintained in accordance with applicable codes and regulations governing such systems. (b) All piping from outside fuel storage tanks or cylinders to mobile homes shall be permanently installed and securely fastened in place. (c) All fuel oil storage tanks or cylinders shall be securely fastened in place and shall not be located inside or beneath any mobile home or less than five feet (5') from any mobile home exit. (d) Storage tanks located in areas subject to traffic shall be protected against physical damage. R. FIRE PROTECTION (1) Applicable Fire Prevention Authority The mobile home area shall be subject to the rules and regulations of the City of College Station fire prevention authority. (2) Flammable Materials Mobile home parks shall be kept free of litter, rubbish, and other flammable materials. 96 (3) Portable Fire Extinguishers Portable fire extinguishers of a type approved by the fire prevention authority shall be kept in service buildings and at all other locations designated by such fire prevention authority and shall be main- tained in good operating condition. (4) Fires Fires shall be made only in stoves and other equip- ment intended for such purposes. (5) Fire Hydrants (a) Fire hydrants shall be installed in accordance with the following requirements: The water supply system shall permit the operation of a minimum of two (2), one and one -half inch (12 ") hose streams. Each of two (2) nozzels, held four feet (4') above the ground, shall deliver at least seventy -five (75) gallons of water per minute at a flowing pressure of at least thirty (30) pounds per square inch at the highest elevation point of the park. (b) Fire hydrants shall be located within five hundred feet (500') of any mobile home, service building, or other structure in the park. S. MISCELLANEOUS REQUIREMENTS (1) Responsibilities of the Park Management (a) The person to whom a license for a mobile home park is issued shall operate the park in compliance with this section and shall provide adequate supervision to maintain the park, its facilities, and equipment in good repair and in a clean and sanitary condition. (b) The park management shall notify park occupants of all applicable provisions of this section and inform them of their duties and responsibilities under this section and regulations issued here- under. 97 (c) The park management shall supervise the place- ment of each mobile home on its mobile home stand which includes securing its stability and installing all utility connections. (d) The park management shall maintain a register containing the names of all park occupants. Such register shall be available to any authorized person inspecting the park. (e) The park management shall notify the health authority immediately of any suspected communi- cable or contagious disease within the park. (2) Responsibilities of Park Occupants (a) The park occupant shall comply with all applicable requirements of this section and regulations issued hereunder and shall maintain his mobile home lot, its facilities, and equip- ment in good repair and in a clean and sanitary condition. (b) The park occupant shall be responsible for proper placement of his mobile home on its mobile home stand and proper installation of all utility connections in accordance with the instructions of the park management. (c) No owner or person in charge of a dog, cat, or other pet animal shall permit it to run at large or to commit any nuisance within the limits of any mobile home lot. (3) Restrictions on Occupancy A mobile home shall not be occupied for dwelling purposes unless it is properly placed on a mobile home stand and connected to water, sewerage, and electrical utilities. T. PENALTIES Any person who violates any provision of this section shall, upon conviction, be punished by a fine of not less than twenty -five dollars ($25.00) and not more than two hundred dollars ($200.00); and each day's failure of compliance with any such provision shall con- stitute a separate violation. (Ordinance No. 627 of May 23, 1969) 98 SECTION 5: DEVELOPMENT OF STREETS A. AUTHORITY This section is adopted under the authority of the con- stitution and laws of the State of Texas including particularly Chapter 106, Acts of the 40th Legislature, First Called Session 1927, as heretofore or hereafter amended (compiled as Article 1105b V.A.T.S.), and the provisions of Section 4 of the Municipal Annexation Act as heretofore and hereafter amended (compiled as Article 970a, V.A.T.S.); and pursuant to the provisions of Article II of the City of College Station, Texas, Charter. B. SCOPE AND PURPOSE (1) This section shall govern the development of all streets, sidewalks, and vehicular parking on streets, within the corporate limits of the City of College Station, Texas, including both the subdivided and unsubdivided portion of the city, and within the extraterritorial jurisdiction of the city as established by the Municipal Annexation Act. Such area is currently extended to one (1) mile from the corporate limits surrounding the City of College Station, not a part of any other city; and if by law, such distance is changed, this section shall apply to and be in conformity with the distances so approved by law or any amendments thereto. (2) The regulation of street development is a major factor of sound community growth and ultimately becomes a public responsibility in that the streets must be maintained together with the utilities established thereon. The welfare of the entire community is thereby affected in many important respects. It is the intent of these regulations to encourage the growth of the City of College Station in an orderly manner, and they are deemed to be the minimum requirements as adopted by the city council for the protection of the public health, safety, and welfare. 99 C. DEFINITIONS For the purpose of this section, certain words as used herein are defined as follows: (1) City refers to the municipal corporation, City of College Station, Texas. (2) Commercial Street includes both business and industrial streets in areas so zoned. (3) Corner means the point of intersection of the lines of two (2) street curbs extended into the street intersection. (4) Cul -de -sac means a street having only one (1) outlet to another street and terminating on the other end in a vehicular turnaround. (5) Curb Return means that portion of a curb which is constructed on a curve, to connect normal street curbs at a street intersection, or at driveway approaches connecting the street curb to the driveway approach. (6) Driveway means a place on private property for vehicular traffic. (7) Driveway Approach means an area or facility between the street and private property intended to provide access for vehicles from the street to private property. A driveway approach must provide access to something definite on private property, such as parking area, a driveway, or a door at least eight feet (8') in width, intended and used for entrance of vehicles. (8) Extraterritorial Jurisdiction (within the terms of the Texas Municipal Annexation Act) means the unincor- porated area, not a part of any other city, which is contiguous to the corporate limits of the City of College Station, the outer boundaries of which are measured from the extremities of the corporate limits of the city, outward for such distances as may be stipulated in the Texas Municipal Annexation Act, in which area, within the terms of the act, the city may enjoin the violations of this street regulations section. (9) Major Streets include arterial streets, parkways, boulevards, and commercial streets. 100 (10) Master Plan of Principal Streets refers to a plan which is a part of this section and which establishes a location for certain principal traffic ways within the corporate limits of the city, and within the extraterritorial jurisdiction of the city. (11) Minor Streets include residential and collector streets. (12) May is permissive. (13) Outside Sidewalk Line means a line parallel to property line and five feet (5') outward from the private property line. (14) Parking shall mean parallel parking (parallel to traffic lanes). (15) Pavement Width shall mean the portion of the street surface available for vehicular traffic or parking. Where curbs are used, it is the portion between the curbs. (16) Principal Streets include all major streets and collector streets as designated on the master plan of principal streets. (17) Right -of -Way (in this case) refers to right -of -way for streets, which includes pavement, sidewalks, utilities, and other public use. (18) Shall is always mandatory. (19) Sidewalk is a paved way for pedestrian traffic. (20) Street is a way for vehicular traffic or parking, whether designated as a highway or any of the following types: (a) Residential street serves a residential neighborhood, either a cul -de -sac, loop, or short street of restricted use. (b) Collector street is to serve other residential areas. (c) Arterial street is a through traffic street, generally aligned in the direction of major traffic movement. 101 (d) Parkways and boulevards are cross -town traffic thoroughfares for mass movement of traffic. (e) Commercial streets include both business and industrial streets serving such respective areas. (Ordinance No. 608 of January 27, 1969) D. STANDARDS OF STREET CONSTRUCTION (1) Residential Streets Residential streets are restricted to cul -de -sacs, loops, or short streets with the following additional restrictions: A cul -de -sac shall not be over six hundred feet (600') in length and shall terminate in a turnaround of not less than fifty foot (50') radius. A loop shall terminate in a collector street at both ends. Right -of -way width shall be not less than fifty feet (50'), and if utility easements are not provided at the back of lots, the width shall be increased as required by the city engineer. Pavement width shall be not less than twenty seven feet (27'). Parking will be permitted. Sidewalks are not manda- tory, except as may be required by the planning and zoning commission. (2) Collector Streets Collector streets are for use in residential areas. Right -of -way width shall be not less than sixty feet (60'), and if utility easements are not provided at the back of lots, the width shall be increased as required by the city engineer. Pavement width shall be not less than thirty eight feet (38'). Parking will be permitted. Sidewalks are not mandatory, except as may be required by the planning and zoning commission. (3) Arterial Streets Arterial streets are major thoroughfares providing for four (4) lanes of moving traffic. It is to be distinctly understood that although parking may be permitted on the side of such streets in their early life, that the city may and will prohibit parking on such streets when traffic conditions warrant such action. Right -of -way width shall be not less than seventy feet (70'). Pavement width 102 shall be not less than forty -six feet (46 ft.). Side- walks are required in new subdivisions. (4) Parkways and Boulevards Parkways and boulevards are major cross -town thorough- fares. Right -of -way width shall be not less than eighty feet (80 ft.). Pavement width shall be not less than fifty -six feet (56 ft.). Parking will only be permitted where extra width of pavement is provided for such parking. Sidewalks are required in new subdivisions. (5) Commercial Streets Commercial streets include both business and industrial streets. Right -of -way width shall be not less than sev- enty feet (70 ft.). Pavement width shall be not less than forty -six feet (46 ft.). Parking will be permit- ted. Sidewalks are required. (Ordinance No. 693 of July 27, 1970) E. PAVING AND REPAVING OF EXISTING MINOR STREETS (1) In the established and platted parts of the city, prior- ity in minor street construction will be determined and established from time to time by the City Council, based upon recommendations by the city staff. (2) Where the owners of more than fifty percent (50 %) of the abutting lots along any existing minor street or way shall request paving or repaving of same by petition presented to the City Council showing the signatures of each of the record owners of such lots, the city staff shall review the proposed project and present its con- clusions concerning same to the City Council within 45 days. The Council shall give priority to such projects where feasible, consistent with the needs of the public for safe and adequate streets and public ways and the financial circumstances pertinent to the project. (3) Paving or repaving of existing streets shall be in ac- cordance with plans and specifications reviewed and ap- proved by the City Engineer or his delegate. (4) The City Council may require the execution of a mechan- ic's and materialmen's lien contract, approved by the City Attorney, from the owners of at least 90% of the abutting lot owners to cover the estimated portions of the construction cost for each such lot, prior to the approval of any proposed paving or repaving. 103 11/15/84 F. ASSESSMENT FOR STREET CONSTRUCTION (1) The owners of lots abutting existing minor streets or ways which are paved or repaved by the city shall be assessed for their respective portions of the estimated cost of such improvements in accordance with Article 1105b, Texas Revised Civil Statutes. (2) Two public hearings shall be held in the construction and assessment process. The first public hearing shall be held prior to the construction of any such street, and shall be for the purpose of determining whether or not to improve the street as proposed. Notice shall be given by first class mail to the owners of all lots abutting the streets or portions of streets which are proposed to be paved. The second public hearing shall be held in accordance with the provisions and require- ments of the above - referenced statute and shall be for the purpose of assessing the abutting lot owners, and determining the amount of such assessments, with due consideration to the special benefits conferred upon such lots. Subsequent to the second hearing, the City Council shall consider and adopt an ordinance determin- ing the special benefit to each lot, and the amount of the assessment for each lot. Such assessments shall be due and payable on or before 180 days from the effective date of the ordinance unless otherwise specified in the ordinance. All assessments shall bear interest at the highest rate allowed for by law for such assessments from the date due and payable. (3) Unless special circumstances are found to exist and set forth in the assessment ordinance, the costs assessed shall be apportioned based upon linear front footage of abutting lots, and shall include 1/3 of the paving cost and 100% of the per side cost of curb and gutter for the owners of each abutting lot, not to exceed the estimate for such improvements called for in the statute referred to above. (4) The owner of any lot which abuts to the side a street proposed for paving or repaving, or being considered for assessment, shall be entitled to request a side lot re- duction. Such owner shall make a written request for such a reduction to the City Engineer prior to the sec- ond hearing provided for herein, and the City Engineer shall review the circumstances and location of the lot and the improvements thereon. If the City Engineer shall certify thereafter to the City Council that no side lot access or resubdivision is anticipated or rea- sonably expected, the owner of such lot shall be enti- tled to a twenty -five percent (25 %) reduction of the 104 11/15/84 normal assessment of such lot. A lot shall be consid- ered to abut a street to the side if no access from the street being paved exists, and the house is addressed on another street. (5) The City Attorney shall institute suit to collect any unpaid assessments at the request of the City Manager. (6) The City Secretary shall present annually to the City Council a listing of past due and unpaid street assess- ments. (Ordinance No. 1348 of March 11, 1982) G. SIDEWALKS Sidewalks are rquired on both sides of principal streets as designated on the master plan of principal streets and on commercial streets; they are optional on minor streets, or upon petition of property owners (see subsection H below). Sidewalks shall be four feet (4') in width, except that they shall be not less than four feet (4') in width on commercial streets. (Ordinance No. 791 of October 25, 1971) H. PRIORITY IN SIDEWALK CONSTRUCTION In the established and platted part of the city, priority in sidewalk construction will be established by the City Coun- cil, based on recommendations of the City Manager and City Engineer. Lengths shall be one (1) block or more. First consideration will be given to major streets, second consid- eration to minor streets; however, no consideration will be given until petitioned by property owners representing a per- centage of the front footage of the property as established by policy of the City Council, and funds are available. The Council may, however, at its discretion, when a situation warrants, arrange for construction without a signed petition. I. ASSESSMENT FOR SIDEWALK CONSTRUCTION In the established and platted part of the city, the assess- ment to the property owner for the standard four foot (4') sidewalk construction shall be established by policy of the City Council. For new subdivision, see subdivision regulations. (Ordinance No. 955 of March 3, 1975) 104.1 11/15/84 J. CURB CUTS AND DRIVEWAY APPROACHES (1) General (a) It shall be unlawful for any person to cut, break, or remove any curb along a street except as herein authorized. (b) It shall be unlawful for any person to construct, alter, or extend, or permit or cause to be constructed, altered, or extended any driveway approach which can be used only as a parking space or area between the curb and private property. (c) This section shall be deemed to be supplemental to other sections regulating the use of public property, and in case of conflict, this section shall govern. (d) All permits granted for the use of public property under the terms of this section shall • be revocable at the will of the city council. (2) Width and Location of Driveway Approach (a) First consideration shall be given to inter- ference, placement, and adequacy of design, particularly near street intersections. (b) Driveway approaches to a major street shall be connected to a driveway or parking area on private property that will permit turning a vehicle around so that no vehicle shall be backed out into such a street. (c) No driveway approach, measured at the outside sidewalk line, shall be constructed within thirty feet (30') of the corner of a street intersection. (d) Maximum width of driveway approach, measured at outside sidewalk line on residential driveway approach shall not exceed eighteen feet (18') in width. No combined entrance and exit shall exceed thirty six feet (36') in width, except that the city engineer may issue permits for driveway approaches up to forty four feet (44') in width on major streets, to handle special traffic conditions. 105 (e) Driveway approaches shall be at right angle to street curbs. (3) Curb Return Radius (a) At street intersections, the radius of curvature of the curb return shall be twenty to twenty -five feet (20' - 25'), as directed by the city engineer, and such curb returns shall not be cut. (b) For a driveway approach, the radius of curvature of the curb return shall not exceed the distance between the street curb and the outside sidewalk line. (Ordinance No. 608 of January 27, 1969) (4) Curb Cuts; Definition; Maximum Width (a) The standard curb is six and one -half inches (6h ") in height, and any discontinuity or break in this curb is a curb cut. A valley gutter is required through the length of a curb cut. (b) For residential driveways (single - family and duplex) the maximum curb cut shall be twenty eight feet (28'). For all other driveways, the maximum curb cut for entrance shall be thirty feet (30'), and for combination entrance and exit shall be forty eight feet (48'). On major streets, arterial, and state highways the city engineer may issued special permits for curb cuts up to fifty six feet (56') to handle special traffic conditions. (Ordinance No. 791 of October 25, 1971) (5) Street Structures No driveway approach shall interfere with municipal facilities such as street light poles, traffic signal standards, signs, fire hydrants, cross walks, bus loading zones, utility poles, fire alarm supports, drainage structures, or other necessary street structures, and the city engineer is authorized to order and effect the removal or reconstruction of any driveway approach which is constructed in conflict with street structures. The cost of reconstruction or relocating such drive- way approaches shall be at the expense of the abutting property owner. 106 (6) Permits Any property owner desiring a driveway approach shall make application, in writing, and designating the contractor who will do the work, to the city engineer or the building supervisor, accompanied by a sketch or drawing showing clearly the driveway, parking area, or doorway to be connected (see definition of driveway approach). The city engineer will prescribe the construction procedure to be followed. (See the building code for contractor's bond and permit requirements, for work on public property.) (7) Building Division Cooperation Any plans submitted to the building supervisor for approval which include or involve driveway approaches shall be referred to the city engineer for his approval and issuance of a driveway approach permit before the building permit is issued. K. PLANTING ON STREET RIGHT -OF -WAY (1) Unpaved Areas There will be no restrictions on planting and care of grass on unpaved areas, and no permit shall be required. (2) Obstructions It shall be unlawful to plant flowers, shrubs, or trees to obstruct the view of or access to fire hydrants, mail boxes, traffic control devices, police or fire call boxes. (3) Permit Requirements Other planting will be permitted only if an applica- tion, together with a plan of planting, has been filed with the city engineer and he in turn has issued a permit for such planting. (Ordinance No. 608 of January 27, 1969) 107 L. MASTER PLAN OF PRINCIPAL STREETS ESTABLISHED (1) A master plan of principal streets is hereby estab- lished for the City of College Station, Texas, and the area of extraterritorial jurisdiction of the city, as shown on the map designated "Master Plan for Principal Streets of the City of College Station," and dated October, 1971, a copy of which is on file in the office of the city secretary. (Ordinance No. 791 of October 25, 1971) (2) Revision of the College Station Master Plan of Principal Streets shall be made only by amendment to this section, accompanied by a revised map. M. PRINCIPAL STREET PROJECTION; PAYMENT OF ASSESSMENTS The city council may order projection of principal streets into unplatted areas of the city, in which cases the cost to adjacent property owners will be as provided herein. (1) When it becomes necessary for the City of College Station to purchase right -of -way grants or easements from property owners for the purpose of building, constructing, or creating new roads, streets, or highways, it shall be the policy of the city council of said city to assess the entire costs of con- structing curbs, gutters, and sidewalks and not more than nine - tenths (9/10) of the remaining cost of such street improvements as shown on the estimate of costs against the abutting property and against the real and true owners thereof. Payment of said assessments shall be made as follows: (a) If the property owners concerned will voluntarily convey said right -of -way to the City of College Station at the then - current appraised value as determined by a board of three (3) disinterested and qualified appraisers and apply the purchase price, to the extent needed to pay for the abutting property owners'share of the cost of improvements so constructed; then, if any addi- tional costs are due and owing from the property owners after applying the appraised value of their right -of -way grant, these additional costs 108 of improvements may be paid to the city by the property owners over a three (3) year period, with no interest due or payable, in equal annual installments. The first installment due and payable on or before the first day of the first month following the passage of one (1) year from the date of the completion and acceptance of the street or road improvements by the city, and a like installment on or before said day and month of each year thereafter until the entire sum is paid. (b) If the abutting property owners refuse or fail to convey said right -of -way to the city at the current appraised value, as set out above, then the entire costs of the improvements to said property owners shall be due and payable in full to the city on the date that said improve- ments are completed and accepted by the city. (c) If any of the annual installments described in paragraph (a) above shall become delinquent for more than ten (10) days, and if the city manager does not grant an extension of time for proper cause shown, then any balance remaining unpaid at that time shall become due and payable immediately and shall draw eight percent (8 %) interest per annum until paid. (d) The amounts payable by the abutting property and the owners thereof shall be assessed against such abutting property and against the real and true owners thereof, and shall be a first and prior lien. After deducting the total cost of curb and gutter and not more than nine - tenths (9/10) of all the remaining costs of the improvements, the remaining costs of the improvements shall be paid by the City of College Station. (2) The owners' costs as defined in this policy shall be based on the minimum right -of -way width of fifty six feet (56') and minimum width of thirty eight feet (38') of street pavement as adopted by the city council. Costs of additional widths of right -of -way and street pavements as required by the city council shall be assumed by the City of College Station. 109 N. DESIGN STANDARDS All engineering design of streets, sidewalks, driveway approaches, drainage structures, and utilities within street right -of -way shall conform to city engineering standards. 0. UNUSUAL CONDITIONS The city engineer is hereby authorized to grant in writing, variances from the strict application of the principles of this subsection; provided that he first determines that the following conditions are present: (1) The exception or variance desired arises from peculiar conditions not ordinarily existing in similar districts in the city, or due to the nature of the business or operation on the abutting property. (2) That the exception or variance desired is not against the public interest, particularly safety, convenience, and general welfare. (3) That the granting of the permit for the exception or variance will not adversely affect the rights of adjacent property owners or tenants. (4) That the strict application of the terms of this section will not work unnecessary hardship on the property owner or tenant. P. ADMINISTRATION AND ENFORCEMENT (1) City Engineer Designated as Enforcement Official; Powers and Duties (a) The city engineer is designated as the adminis- trative official of the city, to administer the provisions of this section. (b) If the city engineer shall find, or if any person files with him a complaint in writing alleging that any of the provisions of this section are being violated, he shall immediately investigate and when necessary, give written notice to the person responsible to cease such violations, forthwith. 110 (c) Notice may be delivered in person or by certified mail to violator or to any person in charge of property where violation is occurring. (2) Penalty for Violation Any person who violates or fails to comply with the requirements of this section shall be guilty of a misdemeanor and shall be liable to a fine of not more than two hundred dollars ($200.00). Each day such violation shall be permitted to exist shall constitute a separate offense. Nothing herein contained shall prevent the city from taking such other lawful action as may be necessary to prevent or remedy any violation. (Ordinance No. 608 of January 27, 1969) 111 SECTION 6: ENCROACHMENTS UPON EASEMENTS A. CITY COUNCIL TO GRANT LICENSE; FINDINGS TO BE MADE The City Council of the City of College Station, upon good cause shown, may grant a license to encroach into an easement when it is in the opinion of the City Council that undue hardship would result from requiring remedial steps to be taken to restore the easement to its former status. The City Council may consider the proposed use of the property involv- ed, existing uses of land in the neighborhood, the utilities located in the easement, the purpose of the easement, and the probable effect of the encroachment upon the immediate pre- servation of the order, public health, safety, convenience and welfare of the community. In order for a license to be granted, the City Council must find all of the following: (1) That there are special circumstances or conditions af- fecting the property involved such that the strict en- forcement of encroachment policies would deprive the applicant of the reasonable use of his property. (2) That the license is necessary for the preservation and enjoyment of the substantial property right of the ap- plicant. (3) That the utilization of the easement area for the access to and the operation of utilities, including drainage, will not be impaired. (4) That the granting of the license will not be detrimental to the public health, safety, or welfare or injurious to another party in the area. The findings, together with the specific facts upon which such findings are based, shall be incorporated into the minutes of the meeting at which the license is considered. Licenses will not be routinely granted. When a license is granted, it will be granted if order will be preserved and the public health, safety and welfare will not be affected. Pecuniary hardship of the applicant, standing alone, will not be deemed to constitute undue hardship. B. SUBMITTAL OF INFORMATION The City Engineer shall specify the information that is required to be submitted with the application. 111.1 04/30/86 C. APPLICATION FEE An application for a license to encroach shall be accompanied by a filing fee in the amount of $ , which is non - refundable. D. LICENSE MAY BE CONTINGENT UPON REMEDIAL ACTION If the City Council so requires, a license may be granted subject to the licensee's completion of all remedial action necessary to accommodate the encroachment so the City may utilize the area so encroached." (Ordinance No. 1645 of March 27, 1986) 111.2 04/30/86 CHAPTER 4 BUSINESS REGULATIONS SECTION 1: SOLICITORS, ITINERANT VENDORS, HANDBILL DISTRIBUTORS A. DEFINITIONS (1) "Itinerant Vendors" shall mean any person(s) or business entity establishing a place of business in the City of College Station on a temporary basis. The term shall include without limitation (a) all roadside sales locations located in or on rights -of -way, (b) outdoor sales booths, (c) set ups, (d) tailgate sales, (e) truckload sales and tent sales, (f) all door -to -door sales locations, all sales from "moving vehicles ", (g) auctions, either private or public, and (h) all indoor sales of a temporary nature not conducted in a retail establishment (2) "Temporary" shall mean any business transaction in the City of College Station for which definite arrangements have not been made for hire, rental or lease of a structure conforming to the codes and ordinances of the City of College Station for at least one month. (3) "Solicitors" shall mean any person(s) or business entity conducting a business within the City of College Station, without a fixed location or place of business. The term shall include all door -to -door sales persons and any agent or representative doing business by 112 11/15/84 calling in person upon potential customers, without appointment, for retail sales. (4) "Retail sales" shall mean a sale to the ultimate consumer or user of any goods or services intended or sold for personal, family or household use, as distinguished from commercial or business use. (5) "Charitable organizations" shall mean any organization holding a certificate of exemption from Federal Income Tax or State Sales or Franchise Taxes. (6) "Charitable sales" shall mean the sale by a charitable organization to the ultimate consumer or user of goods or services whereby the proceeds are intended to be applied to the charitable organization either for the purpose of maintaining the organization or benefiting others. (7) "Charitable Contribution" shall mean the donation of any money, property, or anything of value, or the pledge of a future donation of money, property or anything of value; or the sale or offer for sale of any property, real or personal, tangible or intangible, whether of value or not, including, but not limited to, goods, books, pamphlets, tickets, publications or subscriptions to publications or brochures upon the representation, expressed or implied, that the proceeds of such sale will be used for a charitable purpose as such term is herein defined. Expressly excluded from the meaning of "charitable funds" is membership in any organization. Charitable Contribution shall include anything received as a result of a request for donations by a charitable organization, said funds used for the purpose of either sustaining the charitable organization or benefiting others. (8) "Solicit Charitable Contributions" shall mean a request for any charitable funds. A solicitation of charitable funds is complete when the solicitation is communicated to any individual, then located within the corporate limits of the City. (9) "Charitable Purpose" shall mean philanthropic, religious or other non - profit objectives, including the benefit of poor, needy, sick, refugee or handicapped persons; the benefit of any religious or church society, sect group 113 11/15/84 or order; the benefit of a patriotic or veterans association or organization; the benefit of any fraternal, social or civic organization, or the benefit of any educational institution. The term "charitable purpose" shall not be construed to include the direct benefit of the individual making the solicitation. Nor shall the term "charitable purpose" be construed to include the benefit of any political group or political organization which is subject to financial disclosure under Federal or State law. (10) "Moving Vehicle" sales shall mean any sales made from a vehicle that stops as it moves down a road. (11) "Auctions" shall mean all sales made by bids received through an auctioneer. Exempt are estate sales conducted by a Court - appointed administrator or independent executor, personally or through a licensed auctioneer. (12) "Christmas tree sales" shall mean sales made by a charitable organization of Christmas trees during the Christmas holiday season, November and December. (13) "Commercial Handbills" shall mean any printed or written matter in the form of a circular, leaflet, pamphlet, paper, or any other printed or otherwise reproduced original or copies of any matter or literature which tends primarily to accomplish the following: (a) Advertises for sale of any merchandise, product, commodity, or thing; or (b) Directs attention to any business or merchantile or commercial establishment, for the purpose of either directly or indirectly promoting the interest of the sales; or (c) Directs attention to or advertises any meeting, theatrical performance, ex- hibition, or event of any kind, for which an admission fee is charged for the purpose of private gain or profit. (d) While containing reading matter other than advertising matter, it is pre- dominately and essentially an advertise - 114 11/15/84 ment and is distributed or circulated for advertisement purposes. (14) "Handbill Distributor" shall mean any person(s) or business entity distributing handbills within the City of College Station. This term shall include all distributions that are made door to door and any distributions that are made on or in motor vehicles. (15) "Parking lot" shall mean any area covered by asphalt, cement or other material designed and suitable for the purpose of parking vehicles and actually used for same or approved by the Project Review Committee or Planning and Zoning Commission, or their successors in function, as a parking lot. (16) "Interstate commerce" shall mean the sale of goods that are brought directly from another state to be delivered to the ultimate consumer. Goods that are warehoused or otherwise stored within this state are not considered to be within interstate commerce. B. LICENSE AND APPLICATION (1) Every itinerant vendor, solicitor or handbill distributor shall have a license. Licenses shall be issued by the City of College Station Police Department, Special Services Office. (2) An applicant shall apply for a license on a form promulgated by the City of College Station, which form shall supply the following information: Name of the Applicant Legal name of the business entity, if any State of incorporation or filing of a partnership or articles of association Sales tax number Local phone number Permanent location, address and phone number Names of employees Permanent addresses of employees Date of Birth Driver's license number Location of birth for all individuals involved in sales activity 115 11/15/84 Copy of Charter or Articles of Incorporation and current listing of directors, partners or principles (any company listed on the American or New York Stock Exchange is exempt from this requirement) A copy of applicant's sales tax permit, where required Copy of permits to do business in Texas for Foreign Corporations If the business is not door to door or person to person then: Copy of written permission to locate in the area proposed if private pro- perty; or permit if public property and permission is required. A listing of the kind, amount and character of goods or services to be sold A description and diagram of the location including parking avail- ability, street access, location and amount of space to be utilized and sign to be displayed A description of vehicle for moving vendor or statement that the itin- erant vendor /solicitor will sell door to door If the action is to be a solicitation of funds, then a description of that purpose will be set out in the appli- cation If applicable, a statement that the goods are in interstate commerce and a statement as to the location of the goods at this time and the last location of the goods A statement under oath that each individual applicant: 116 11/15/84 (a) Has no unpaid civil judgments against him or her in any State or U.S. possession which arise from a business activity which would have been covered by this ordinance if in effect at the time in the jurisdic- tion where such judgments are of record. (b) Has not been convicted of a property crime (theft, larceny, burglary, criminal mischief, or criminal trespass, their common law equivalents or any lesser included offenses) or a crime of violence (rape, murder, assault, their common law equivalents or any lesser included offenses) in any State or U.S. possession within the last ten (10) years. (c) The individual has read and is familiar with Article 5069 -13, The Texas Home Solici- tation Act. A bond in the sum of not less than One Thousand and No /100 ($1,000.00) Dollars, executed by the itinerant vendor, solicitor, or handbill distributor with two or more good and sufficient sureties satisfactory to Special Services Commander which bond shall be payable to the Mayor of the City of College Station, and his successors in office for the use and benefit of any person or persons entitled thereto, and conditioned that the principal and sureties will pay all damages to persons caused by or arising from or growing out of any action of the intinerant vendor, solicitor or handbill distributor while conducting business in the City of College Station, Texas. The bond shall remain in full force and effect for the entire duration of the license permit provided herein and for two full years after such license permit expires. (3) An employer may seek a license for itself covering all of its employees, but shall supply at least forty -eight (48) hours prior to sales activities by any individual the following individual information, accompanied by the signature of the employees affirming under oath the accuracy of such information. Each employer shall sign a statement on the application that it recognizes the individual licensed under its license as employees and not as independent contractors and accepts the 117 11/15/84 responsibilities imposed by State Law for the acts of its employees. Every person who is an independent contractor shall be separately licensed and shall meet the requirements of paragraph number 2 above. Every person who is an independent contractor shall be separately licensed and shall meet the requirements of No. 2 above. (a) Employee's name (b) Residence address of employee (c) Date of birth of employee (d) Driver's License number of employee (e) Location of birth for employee (f) A statement under oath signed by each employee that such employee meets the requirements of A, B, C, D and E above. (4) An application for license as an itinerant vendor, solicitor or handbill distributor shall be accompanied by a fee of Twenty -five Dollars ($25.00) for a sole proprietor or business entity plus Three Dollars ($3.00) for each individual engaged in sales activities who will have any contact with the public. (a) A license may be denied when the re- quired information is incomplete or incorrect or shows that a person is not otherwise entitled to conduct business under the aegis proposed. (b) A license may be denied if a location plan or diagram does not meet the following requirements: (i) The itinerant vendor or solici- tor must locate the activity in an existing parking lot. (ii) If there is an open and oper- ating business(es) at the location, then the itinerant vendor or solicitor's activity cannot utilize more than five percent (5 %) of the available parking space, or sixteen spaces, whichever is smaller. 117.1 11/15/84 (iii) The location of the activity in the parking lot shall not cause a traffic hazard. (c) A license may additionally be denied where an applicant is found to have unpaid civil judgments against him, or has been convicted of a property crime or crime of violence as set forth above. (5) An itinerant vendor or solicitor must comply with the City sign ordinance. (6) Every license shall be displayed where it can be read by the general public either at the place of the business subject to the provisions of this Ordinance or visibly shown by the person making door -to -door sales or distributing handbills. (7) A license may be revoked upon conviction of any offense committed in the City of College Station while engaged in the permitted business, or if a final conviction occurs or is found to have existed at the time of application, or if civil judgments are placed or found of record against an applicant. A license may be suspended in the event of pending charges of a property crime, crime of violence, or violation of this ordinance upon a magistrates determination of probable cause in connection with such changes. A license may be revoked for non - conformity to an approved location plan or diagram or if an itinerant vendor or solicitor files a description as sales from a "moving vehicle" or door- to-door vendor but instead locates at a particular site. (8) Any employee working for an applicant licensed as an employer under Section B.3 above may be denied the right to solicit under such permit, or such rights may be suspended or terminated, under the same circumstances and procedures which apply to the holder of the license. Revocation or suspension of an employer's license terminates all employee permits. (9) It shall be the duty of all peace officers to examine all places of business and persons subject to the 117.2 11/15/84 provisions of this Ordinance herein, to determine if this Ordinance has been complied with and to enforce the provisions of this Ordinance against any person found to be in violation of the same. (10) The Special Services Commander shall notify a permittee (or an employee whose rights thereunder are involved) of the possible suspension or termination of a license by regular mail, addressed to the most recent address in the City's permit file for the permittee, allowing three days for delivery and setting a hearing on such termination or suspension, not sooner than five days, or later than eight days from the mailing of the notice. Should the reason for suspension or termination consist of a conviction for a crime or the pendency of criminal charges, for a property crime or crime of violence as described herein, the license shall be suspended immediately, pending restoration after the hearing, and the notice shall so state. A permittee (or employee) may appeal the suspension, termination, or denial of a permit by the Special Service Commander to the City Administrative Board. Notice of appeal must be given within ten (10) days of the ruling. If the appeal is from the immediate suspension or termination by virtue of criminal charges or conviction, the permit shall continue suspended until resolution by the trial board; in all other cases, the suspension or termination shall not be effective until such final resolution. C. DURATION (1) Itinerant vendors' licenses shall be valid for one year, provided that sales may not be conducted for longer than three consecutive days or twenty -one (21) cummulative days unless absent compliance with all provisions of the City Zoning Ordinance. (2) Solicitors' and handbill distributors' licenses shall be valid for thirty (30) days but may be renewed upon payment of a Ten Dollar ($10.00) renewal fee. Individual employees' licenses may be renewed upon payment of a One Dollar ($1.00) renewal fee. Each applicant for renewal must verify permit information as correct and file copies of sales tax returns for the prior license period. 117.3 11/15/84 D. ZONING AND LOCATION RESTRICTIONS (1) No itinerant vendor may locate in an area unless the zoning classification of the area permits the type of business or service to be performed or provided. (2) No itinerant vendor may locate for more than three (3) consecutive days or twenty -one (21) cummulative days in an area, absent compliance with all provisions of the City Zoning Ordinance. (3) No itinerant vendor may locate in the street right -of -way or highway department right -of -way without permission of the State Highway District Engineer or the City Engineer having control over such property. (4) No itinerant vendor, solicitor or handbill distributor may locate on any private property without written permission to do so. (5) Itinerant vendors /solicitors doing business from a moving vehicle shall not stop (a) at a stationary location nor is permitted to operate in any congested area where his operation impedes traffic. (b) to do business on the following streets: Texas Avenue Southwest Parkway F.M. 2818 Wellborn Road Jersey Street State Highway 30 /Harvey Road University Street (c) for a period of time longer than ten minutes at any location. (6) No solicitor or handbill distributor may remain on private property without the permission of the owner or if asked to leave. (7) No person shall distribute, deposit, place, throw, scatter or cast any commercial handbill in or upon any motor vehicle without permission of the owner. 117.4 11/15/84 (8) No person shall distribute, deposit, place, throw, scatter or cast any commercial handbill upon any premises if requested by anyone not to do so, or if there is placed near or at the entrance thereof a sign bearing the words "no advertisement ". (9) No person shall sell or offer for sale any item upon any premises if requested by anyone not to do so, or if there is placed at or near the entrance thereof a sign bearing the words 'no peddlers or vendors" or "no trespassing ". E. MISCELLANEOUS REGULATIONS (1) Each major highway entering the City shall have a sign advising any traveler of the requirement for a license under this ordinance. (2) A license issued under this ordinance is not transferable. (3) It shall be unlawful for any individual as the agent or employee of another regulated under this act to sell goods, solicit funds or distribute handbills in the City unless its principal or employer has received a permit under this ordinance. (4) It shall be unlawful for an individual to solicit funds or distribute handbills without visibly displaying an identification card issued to that individual by the City of College Station under this ordinance. (5) Solicitors and handbill distributors may only conduct business between the hours of 8:00 A.M. and 8:00 P.M. (6) No person shall solicit funds for a charitable purpose other than that which is set out in the statement upon which the license was issued. (7) It shall be unlawful for an individual to sell goods, solicit funds or distribute handbills while displaying an identification card issued by the City of College Station in the name of another individual, organization, or entity. (8) It shall be unlawful for any individual directly through an agent or employee to sell goods, solicit funds or 117.5 11/15/84 distribute handbills within the corporate limits of the City after the expiration of the license issued by the City of College Station under this ordinance. (9) It shall be unlawful for any person directly or through an agent or employee to sell goods, solicit funds or distribute handbills within the corporate limits of the City of College Station without a license issued by the City of College Station under this ordinance. (10) It shall be unlawful for an individual directly or through an agent or employee to misrepresent on the license statement any acts that are regulated under this ordinance. (11) It shall be unlawful for any individual directly or through an agent or employee to solicit funds for a purpose other than that set out in the registration statement upon which the license was issued. (12) It shall be unlawful for any individual directly or through his agents or employees to represent that the issuance of a license by the City of College Station constitutes an endorsement or approval of the purposes of a solicition or product for sale by the City. (13) A violation of this ordinance is a Class C misdemeanor and shall be punished by a fine of not less than Twenty -five Dollars ($25.00) nor more than Two Hundred Dollars ($200.00). F. EXEMPTIONS (1) Any organization, group or individual making a contribution of a non - commercial handbill shall not be required to pay an application fee or obtain a license. (2) No organization or group shall be exempt from the provisions of this ordinance as to itinerant vendors, solicitors and handbill distributors, except that charitable organizations making charitable sales or soliciting charitable contributions for a charitable purpose shall not be required to pay an application fee for any license. 117.6 11/15/84 (3) Christmas tree sales as defined herein are exempted from: (a) The location requirement of five percent (5 %) or sixteen (16) spaces. (b) The time requirement of three (3) consecutive days or twenty -one (21) cumulative days. Christmas tree sales may be made during the Christmas holiday sea- son, November 15th through December 24th. (c) Individual application requirements for employees or agents. The applicant shall, however, provide the City of College Station Police Department with a list of the names and addresses of all employees or agents who will be working at the location. The list will be provided with the application for the permit as required herein. (Ordinance No. 1571 of January 24, 1985) 117.7 11/30/85 (SECTION 2 of CHAPTER 4 was deleted by the adoption of Ordinance No. 1469 on November 22, 1983) 117.8 (The next page is 118) SECTION 3: PARADES A. TITLE This section shall be known and may be cited as the "Parade Ordinance" of the City of College Station, Texas. B. DEFINITIONS (1) Parade is any parade, march, ceremony, or procession of any kind, or any similar display in or upon any public roadway, sidewalk, park, or other public place in the city, consisting of fifty (50) or more persons or twenty -five (25) or more beasts of burden, or twenty -five (25) or more vehicles. (2) Parade Permit is a permit as required by this section. (3) Person is any person, group, firm, partnership, association, corporation, company, or organization of any kind. C. PERMIT REQUIRED; EXCEPTIONS (1) No person shall engage in, participate in, aid, form, or start any parade, unless a parade permit shall have been obtained from the city manager of the City of College Station, Texas. (2) This section shall not apply to funeral processions; students going to and from school classes or partici- pating in educational activities, providing such conduct is under the immediate direction and super- vision of the proper school authorities; or a govern- ment agency acting within the scope of its functions. D. APPLICATION A person seeking issuance of a parade permit shall file an application with the city manager on forms provided by the city manager. 118 (1) Filing Period An application for a parade permit shall be filed with the city manager not less than seven (7) days nor more than twenty (20) days before the date on which it is proposed to conduct the parade. (2) Contents The application for a parade permit shall set forth the following information: (a) The name, address, and telephone number of the person seeking to conduct such parade. (b) If the parade is proposed to be conducted for, on behalf of, or by an organization, the name, address, and telephone number of the headquarters of the organization, and of the authorized and responsible heads of such organization. (c) The name, address, and telephone number of the person who will be the parade chairperson and who will be responsible for its conduct. (d) The date when the parade is to be conducted. (e) The route to be traveled, the starting point, and the termination point. (f) The approximate number of persons who, and animals and vehicles which will constitute such parade; the type of animals and description of the vehicles. (g) The hours when such parade will start and term- inate. (h) A statement as to whether the parade will occupy all or only a portion of the width of the streets or sidewalks proposed to be traversed. (i) The location by streets of any assembly areas for such parade. (j) The time at which units of the parade will begin to assemble at any such assembly area or areas. (k) The interval of space to be maintained between units of such parade. 119 (1) If the parade is designed to be held by and on behalf of, or for any person other than the applicant, the applicant for such permit shall file with the city manager a communication in writing from the person proposing to hold the parade, authorizing the applicant to apply for the permit on his behalf. (m) Any additional information which the city manager shall find reasonably necessary to be a fair determination as to whether a permit should be issued. (3) Late Applications The city manager, where good cause is shown therefor, shall have the authority to consider any application hereunder which is filed less than seven (7) days before the date such parade is proposed to be con- ducted. (4) Applications Made on Someone Else's Behalf If the application is made on behalf of any other person, organization, firm, or corporation, that the applicant is fully authorized to act and contract for such other person, organization, firm, or corpora- tion must be verified. (5) City to be Held Harmless The applicant and any other persons, organizations, firms, and corporations on whose behalf the applica- tion is made shall contract and agree that they will, jointly and severally, indemnify and hold the City of College Station, Texas, harmless against liability for any and all claims for damage to property or injury to or death of persons arising out of or resulting from the issuance of the permit or the conduct of the parade or its participants. E. STANDARDS FOR ISSUANCE The city manager of the City of College Station shall issue a permit as provided for hereunder when, from a considera- tion of the application and from such other information as may otherwise be obtained, he finds that: 120 (1) The conduct of the parade will not substantially interrupt the safe and orderly movement of other traffic, both vehicular and pedestrian. (2) The conduct of the parade will not require the diversion of so great a number of police officers of the city to properly police the line of movement and to prevent normal police protection to the city. (3) The conduct of such parade will not require the diversion of so great a number of people as to prevent normal ambulance service to all portions of the city. (4) The concentration of persons, animals, and vehicles at assembly points of the parade will not unduly interfere with proper fire and police protection or ambulance service. (5) The conduct of such parade will not interfere with the movement of the fire - fighting equipment en route to a fire. (6) The conduct of the parade is not reasonably likely to cause injury to persons or property, to provoke disorderly conduct or create a disturbance. (7) The parade is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays en route. (8) The parade is not to be held for the sole purpose of advertising any product, goods, or event, and is not designed to be held purely for private profit. (9) The parade is of sufficient interest to the general public as to justify the temporary closing of the public roadways to vehicles and pedestrians. F. NOTICE OF REJECTION If the city manager disapproves the application, he shall mail to the applicant within three (3) days after the date upon which the application was filed, a notice of such denial. 121 G. APPEAL PROCEDURE IF PERMIT DENIED Any person aggrieved shall have the right of appeal of the denial of a parade permit to the city council. The appeal shall be made within three (3) days after notice of denial from the city manager. The city council will act upon the appeal at its next regular meeting. H. NOTICE TO CITY AND OTHER OFFICIALS UPON ISSUANCE OF PARADE PERMIT Immediately upon the issuance of a parade permit, the city manager shall send a copy thereof to the police chief, fire chief, and director of public works. I. PUBLIC CONDUCT DURING PARADES (1) Interference No person shall unreasonably hamper, obstruct, impede, or interfere with any parade or parade assembly or with any person, vehicle, or animals participating or used in a parade. (2) Driving Through Parades No driver of a vehicle, bus, bicycle, street car, or trackless trolley shall drive between the vehicles or persons comprising a parade when such vehicles or persons are in motion and are conspicuously designated as a parade. (3) Parking on Parade Route The chief of police shall have the authority, when reasonably necessary, to prohibit or restrict the parking of vehicles along a highway or part thereof constituting a part of the route of a parade. The chief of police shall post signs to such effect, and it shall be unlawful for any person to park or leave unattended any vehicle in violation thereof. 122 J. DUTIES OF PERMITTEE A permittee hereunder shall comply with all permit directions and conditions and with all applicable laws and ordinances as contained within this Code of Ordinances. The parade chairperson or other person heading or leading such activity shall carry the parade permit upon his person during the conduct of the parade. K. UNLAWFUL TO PARADE WITHOUT PERMIT; COMPLIANCE WITH PERMIT AND APPLICABLE LAWS AND ORDINANCES It shall be unlawful for any person to engage in, participate in, aid, form, or start any parade, unless a parade permit shall have been obtained as herein provided, and it shall be unlawful for any person participating in any parade, for which a permit hereunder has been issued, to fail to comply with all directions and conditions of such permit and all applicable laws and ordinances. L. OBEDIENCE TO OTHER LAWS REQUIRED This section shall not be construed to authorize the use of the public roadways by assemblies or processions of less than fifty (50) persons or less than twenty -five (25) vehicles or less than twenty -five (25) beasts of burden except in exact compliance with the laws of the State of Texas and other ordinances of the City Code applicable thereto, and persons who violate such other laws and ordinances shall be punished according to the provisions of this Code or to the other applicable laws and ordinances. (Ordinance No. 702 of September 28, 1970) SECTION 4: CIRCUSES, RODEOS, CARNIVALS, ETC. A. AUTHORITY This section is adopted under authority of the constitu- tion and laws of the State of Texas, including particularly 123 Chapter 231, Acts of the 40th Legislature,- Regular Session, as heretofore or hereafter amended, (compiled as Article 974a, V.A.C.S.), and pursuant to the provi- sions of the College Station City Charter. B. SCOPE AND PURPOSE (1) This section shall govern but is not limited to all shows, circuses, performances, exhibitions, rodeo shows, menageries, carnivals, wild west shows, dramatic or theatrical productions, skating rinks, or athletic competitions held or exhibited in or upon the streets, under any tent, in any airdome, on any grounds, or in any hall or building within the city limits of the City of College Station other than as specifically exempted herein. (2) Experience has demonstrated that these type activities may cause congestion and unnecessary incon- veniences to the citizens of this community. There- fore, the regulation of the above - mentioned activities is necessary for the protection of the public health, safety, and welfare of the citizens of College Station. C. PERMIT (1) Required for Exhibitions, Shows, or Performances It shall be unlawful hereinafter for any person, firm, corporation, association, or joint stock company to give, conduct, exhibit, or maintain any show, performance, exhibition, or place of amusement of any character whatsoever within the city limits of the City of College Station, Texas, unless a permit to hold such exhibitions, shows, or perfor- mances is first obtained from the City of College Station as herein provided. (2) Application Requirements All applications for a permit shall be made to the chief of police at least seventy -two (72) hours in advance of the proposed opening date or time of said exhibitions, shows, or performances. Said applica- tion shall be in writing and shall state the type of exhibition, show, or performance, whether it will be in a tent, building, airdome, or open arena; the location of the show or performance; the number of 124 people to attend each performance or event; the proposed opening date; the period of time permit is wanted for; hours and days of week said exhibition or performance will be open to the public; the pro- visions to be made for parking and for vehicular ingress and egress; the nature and location of temporary signs; the zoning of the land upon which the show or performance will be held; and shall state what facilities the applicant has for the receipt and disposal of human and other wastes of all types. (3) Issuance of; Terms If in the opinion of the chief of police and after review by appropriate city departments or agencies, including but not limited to, the fire marshal, health officer, and sanitation department, the pro- posed exhibition, show, or performance appears to be composed of lawful amusements or is a lawful enterprise, and may be conducted without danger to health, safety, or property, he may issue a permit upon the payment of the fee herein provided for and receipt of the cash bond herein provided for. D. FEE AND CASH BOND (1) The fee for any permit issued shall be ten dollars ($10.00) per performance. (2) A cash bond shall be required prior to the issuance of a permit, the bond to be of an amount to be determined in each case by the city manager or his designated representative sufficient to cover the entire estimated cost of cleaning up debris caused by the said exhibition or show, its participants or spectators, and to cover potential damage to or littering of adjoining property. The amount of the said bond, less deduction for costs incurred by the city for clean -up or repair or replacement of city property damaged, lost, or destroyed, or for clean -up or repair or replacement of adjoining property damaged, lost, destroyed, or littered as above mentioned, shall be refunded after an inspection of the premises made within ten (10) days after the expiration date of the permit. 125 E. ADMINISTRATION AND SUPERVISION (1) Enforcement Personnel The chief of police and the fire marshal shall have full supervision of the regulation and policing of all exhibitions, shows, and performances as set out in subsection B. The applicant shall provide persons for traffic control and fire - safety regulation in such numbers as the chief of police shall require and whose qualifications shall be satisfactory to the chief of police. (2) Grounds for Permit Revocation Any person who shall ignore, disregard, or violate any lawful order of a police officer or fire marshal shall be guilty of a misdemeanor, and subject to the penalty herein provided. Such disregard of lawful orders will be grounds for the revocation of the permit by the chief of police. F. PENAL CLAUSE (1) Any person who violates any provision of this sec- tion shall be deemed guilty of a misdemeanor, and upon conviction therefor shall be fined in accordance with chapter 1, section 5 of this Code. Each viola- tion of each provision or lawful order of a police officer or fire marshal shall be deemed to be a separate violation and punishable as a separate offense. (2) It shall be unlawful for any exhibition, show, or performance to operate, in whole or in part, after its permit expires or after it is revoked, and each person assisting in such operation shall be guilty of an offense. (Ordinance No. 1008 of March 25, 1976) 126 SECTION 5: GARAGE SALES A. DEFINITIONS (1) As used herein, the term "garage sale" sometimes also referred to by such names as "back yard sale," "yard sale," or "porch sale," shall mean a sale or an offer for sale of miscellaneous items to the general public, upon residential property not otherwise being used for commercial purposes. (2) "Occupant" shall mean either the owner- occupant of the premises whereon such sale is to be conducted, or the tenant of the owner, provided such tenant is actually residing upon such premises, and dependent members of the immediate family of such owner, occupant, or tenant. B. GARAGE SALE REGULATIONS (1) No sign, directional or otherwise, shall be erected within the city limits, except on the property of the individual conducting the garage sale. (2) No person other than the occupant shall conduct a garage sale. No occupant shall conduct a garage sale if such a sale has been conducted by occupant upon the same property or premises within the period of six months immediately preceding the date of the commencement of the proposed sale. One exception is a new occupant of a residence who may conduct such a sale, with any subsequent sale to be at a six -month interval. (3) No person shall sell or offer for sale at a garage sale merchandise other than used and discarded items of personal property. (4) No garage sale shall be conducted for a period in excess of seventy -two consecutive hours. (5) The garage sale shall be conducted in such a manner by the occupant so as not to create a disturbance or become a nuisance in the neighborhood. (Ordinance No. 1323 of October 8, 1981) 127 11/15/84 C. PENALTY FOR VIOLATIONS A violation of the provisions of this section shall be deemed a misdemeanor and, upon conviction thereof, the violator shall be subject to a fine not exceeding twenty -five ($25.00) dollars. (Ordinance No. 1478 of November 22, 1983) SECTION 6: TAXICABS, BUSES, AND OTHER VEHICLES FOR HIRE A. LICENSE REQUIRED No individual, firm, or corporation shall operate or cause to be operated upon or over the highways, streets, or alleys within the city limits any service car, jitney, taxicab, bus, or other motor vehicle for the transportation of persons as passengers for compensation or hire, unless there has been obtained for such vehicle and existing in full force and effect a license duly issued by the City. B. LICENSE REQUIREMENTS A license for the operation of a motor vehicle shall be issued by the city secretary for a period of one (1) year from the date thereof, when all of the following requirements have been met by the applicant: (1) Endorsements Applicants shall file with the city secretary an application duly sworn to on forms provided by him for that purpose, with endorsements thereon as follows: (a) Endorsement by a mechanic employed in any garage in this city to the effect that he has tested the vehicle and finds it safe for the transportation of passengers. (b) An endorsement by the city attorney to the effect that he has approved as suitable an insurance policy for that vehicle providing public liability coverage for any one (1) accident in the amount of five thousand ($5,000.00) dollars, and property damage in the amount of one thousand ($1,000.00) dollars. 128 11/15/84 (2) Fee Applicants shall pay a fee of fifteen dollars ($15.00) which is to be used to cover the expenses of carrying out this section. C. LICENSE TO BE DISPLAYED The license issued under the provisions of this section shall be displayed at all times when the vehicle is in operation, by posting over the windshield in front of the driver. D. WHO MAY OPERATE VEHICLES No vehicle for which a license has been issued shall be operated by anyone except the licensee thereof, or an employee of the licensee. E. LICENSE NOT TRANSFERABLE No license shall be transferable to any other person, firm, or corporation, nor shall such license be used for the operation of any vehicle except the vehicle for which said license is issued. F. CHAUFFEUR'S LICENSE REQUIRED No person shall operate a licensed vehicle unless he has on his person while doing so a chauffeur's license issued by the State of Texas. G. NUMBER OF PASSENGERS No vehicle licenses pursuant to this section shall transport at any one (1) time, a number of passengers in excess by one (1) of the passenger capacity of said vehicle, the driver not counted, as listed by the manufacturer. H. MECHANICAL CONDITION No licensed vehicle shall be operated unless it is in suitable mechanical condition for the safe transportation of passengers over the highways and streets of the city. (Ordinance No. 27 of July 6, 1939, as amended on August 20, 1939) 129 11/15/84 I. PENALTIES Violation of subsections C, D, E, F, G, and H of this section shall each constitute a separate offense and shall each be punishable as a Class C misdemeanor and shall each be punish- able by a fine of not less than twenty -five ($25.00) dollars and not more than two hundred ($200.00) dollars. (Ordinance No. 1479 on November 22, 1983) J. PERIODIC VEHICLE INSPECTIONS AND TESTING REQUIRED Every vehicle licensed under the provisions of this section shall be tested and inspected every three (3) months by a mechanic employed in a garage in this city. The licensee shall file with the city secretary a signed statement by such mechanic that such test and inspection have been made. Failure to file such statement shall automatically suspend the license for the vehicle. K. WHEN LICENSE MAY BE SUSPENDED OR REVOKED In case any defendant pleads guilty or is convicted in municipal court of violating any provision of this section, the municipal court judge may, in addition to imposing a fine, also order that the license for the vehicle involved be suspended or revoked. (Ordinance No. 27 of July 6, 1939, as amended on August 20, 1939) 130 11/15/84 SECTION 7: AMBULANCES A. DEFINITIONS For the purpose of this section, certain words and phrases are defined as follows: (1) Ambulance means a motor vehicle used, designed or rede- signed, and equipped for the primary purpose of the transportation of sick or injured persons. (2) Ambulance Service means a trip made by an ambulance to transport a sick or injured person from place to place under other than emergency circumstances. (3) Ambulance Operator means the person, partnership, or cor- poration holding a city ambulance permit. (4) Direct Call means a request for ambulance service made by telephone or other means directly to an ambulance opera- tor, his agents, or employees. (5) Emergency Ambulance means an ambulance used, designed or redesigned, and equipped for the primary purpose of transporting sick or injured persons under emergency cir- cumstances, and the rendering of first aid or the perfor- mance of rescue work, or both, under such circumstances. (6) Emergency Circumstance means the existence of circum- stances in which the element of time in expeditiously transporting a sick or injured person for medical or sur- gical treatment is essential to the health or life of such person, and in which rescue operations or 131 11/15/84 competent first aid or both at the place of emergency may be essential to the health or life of such person. (7) Emergency Ambulance Service means a trip made by an emergency ambulance under emergency circumstances to the place of emergency, performance of any necessary rescue operations, rendering of any necessary first aid assistance, and the trip to the hospital or other place for medical attention. An ambulance is being operated in emergency ambulance service if all or any part of the above described trip to the place of emergency and any subsequent trip to the hospital is made on the streets within the corporate limits of the City of College Station. An emergency ambulance shall be considered an emergency ambulance service when it is responding to a call for emergency assistance even though, upon arrival at the place of emergency, it is found no further emergency ambulance assistance is required or when it is responding to a call for routine ambulance service and during such trip emergency circumstances develop (whether because the call for assistance was falsely made, or otherwise). (8) EMS Division means the emergency medical service division of the City of College Station Fire Depart- ment. (9) Fire Department means the City of College Station Fire Department. (10) Health Official means the City of College Station Health Official, as appointed by the city council. (11) Northgate is the area bounded by and including University Drive on the south, F.M. 2154 on the west, Patricia Street on the north, and on the east by College Avenue. (12) Person includes partnership, firm, association, and corporation. B. PERMIT REQUIRED (1) Governmental Function Declared The operation of emergency ambulances on the streets of the city for the furnishing of emergency ambulance service is hereby declared to be primarily a govern- mental function of the City of College Station to be performed by the fire department in accordance with the terms of this section. 132 (2) Permit to be Secured from Health Official Any person operating an ambulance service upon the streets of the city must secure a permit therefor from the health official, which permit shall be valid for the calendar year in which issued. • (3) Evidence of Liability Insurance Each applicant shall provide evidence that he has in full force for such calendar year a public liability insurance policy on each ambulance, such insurance policy to be issued by an insurance company licensed to do business in the state, or by a surplus line insurance company which is not legally prohibited from doing business in the state. Such policy shall provide liability insurance in the amount of not less than one hundred thousand dollars ($100,000.00) for injury to any one (1) person, not less than three hundred thousand dollars ($300,000.00) for personal injury in any one (1) accident, and not less than twenty -five thousand dollars ($25,000.00) for property damage. Such insurance policy shall not contain a passenger liability exclusion. Each policy shall contain a provision obligating the insurer to give to the health official written notice of cancellation not less than ten (10) days prior to the date of any cancellation. (4) Personnel Requirements It shall be unlawful to operate or drive, or cause to be operated or driven, an emergency ambulance on a public street of the city when furnishing emergency ambulance service, including emergency ambulances operated by the fire department of the City of College Station, unless there is aboard such emergency ambulance on each trip at least two (2) persons, one (1) of whom is the holder of a valid EMT Certification issued by the Texas Department of Health. The holder of such certificate must be the person attending the patient while such patient is being transported. (5) Equipment Requirements No emergency ambulance or transfer ambulance shall be operated upon the streets of the city for the purpose of furnishing ambulance service unless such ambulance is equipped with the "Essential Equipment for Ambulances," as set out in the bulletin of the American College of Surgeons, May issue, 1970, pages 133 7 through 13, a copy of which shall be filed in the office of the EMS director. (6) Vehicles to be Free from Structural Defects No emergency ambulance shall be operated on the public streets of the city unless it is free of structural defects and unless it has no serious impairment of any safety feature resulting from an accident or otherwise. No emergency ambulance shall be operated upon the streets of the city for the purpose of furnishing emergency ambulance service unless and until such ambulance has been duly licensed in accordance with Article 4590b, V.T.C.S., and permitted by the City of College Station under this section. (7) Permit Fees and Terms (a) The fee for the permit required above shall be fifty dollars ($50.00), and all permits issued under this section shall terminate on December 31st of each year. Such permits may be renewed by paying a permit fee of twenty -five dollars ($25.00) before the termination date. (b) No ambulance permit shall be granted unless the ad valorem taxes on all properties used or useful in the furnishing of ambulance and trans- fer service shall have been first paid. The ambulance operator shall furnish proof that payment has been made. (8) Medallions Issued and Displayed When an ambulance operator's permit is issued under this section, the health officer will furnish the permittee with two (2) medallions for each emergency ambulance and each transfer ambulance inspected and authorized to be used in emergency or transfer service. Such medallions shall be of different colors for emergency and transfer service. Such medallions shall be affixed on or in the vicinity of the front and rear license plates of such vehicles. All emergency ambulances shall have prominently displayed on both exterior sides thereof the name of the ambulance service. It shall be un- lawful to operate an ambulance on the streets of the city without having such medallions and /or name so displayed. 134 (9) Inspections The city health official shall cause all emergency ambulances, including those operated by the fire department, to be inspected before being placed in service and shall thereafter inspect such ambulances not less than once each six (6) months, and at least six (6) times per year on a spot inspection basis. In the event an emergency ambulance fails to pass inspection, the health official shall notify the emergency ambulance operator or the EMS director, to correct the defects noted in the inspection and, after such notification, the health official shall cause such ambulance to be reinspected within forty -eight (48) hours for compliance. If, upon such reinspection, the defects noted in the original inspection have not been corrected, the vehicle medallions shall be re- moved from the ambulance by the health official and shall only be replaced upon such ambulance after the defects have been corrected. Inspections provided for herein may also be made by any police officer of the City of College Station and by any authorized employee of the EMS division of the College Station Fire Department. C. EXCEPTIONS (1) Authorized Service It shall be unlawful for any person, other than mem- bers of such fire department, while driving emergency ambulances operated by the fire department, to furnish or to attempt to furnish emergency ambulance service or to operate or drive, or cause to be operated or driven any ambulance on the streets of the city for the purpose of furnishing emergency ambulance service. (2) When Immediate Attention is Required It shall not be unlawful for any person to operate an ambulance upon the streets of the city, when, upon responding to a direct call for ambulance service, a determination is made that an emergency exists requiring the sick or injured person to be transported with all practical speed for medical treatment and attention to operate such ambulance in emergency ambulance service. 135 (3) Maintaining Ambulances at Particular Locations It shall not be unlawful for any person operating an ambulance within the city who is performing a service under contract, of maintaining an ambulance at a particular location, or event, for the purpose of transporting sick or injured persons for medical or hospital treatment, upon determining that the sick or injured person requires immediate hospital or medical attention to operate such ambulance in emergency service. (4) Ambulance Business Located Outside City Limits It shall not be unlawful for any person to operate an ambulance in emergency ambulance service to a hospital within the City of College Station when such person at the time has an established place of busi- ness at a permanent address outside the corporate limits of the city and when the place of emergency at which the sick or injured person or persons were picked up by such ambulance is outside the corporate limits of the city; and the ambulance performing sick emergency ambulance service is, at the time, duly licensed and operated in accordance with Article 4590b, V.T.C.S.; and the driver of such ambulance complies with all speed and other traffic regulations for emergency ambulances set forth herein. (5) When Fire Department Ambulances not Available It shall not be unlawful for any person to operate an ambulance in emergency ambulance service when, by reason of fire department ambulances not being available, the fire department of the City of College Station calls upon such ambulance operator to furnish standby or backup emergency ambulance service for the fire department. (6) Notification of Fire Department Dispatcher In each instance set out in paragraphs (2) through (5) above, the driver or operator of such ambulance shall notify the fire department dispatcher of the conditions requiring the operation of his vehicle in emergency ambulance service, the location from which he is proceeding, and the location of which he is proceeding under emergency ambulance service. Each ambulance being operated under paragraphs (2) and (3) above shall comply with the requirements of this section regarding emergency ambulances insofar as traffic 136 safety is concerned. Each ambulance being operated under the provisions of paragraphs (3) and (5) above shall comply with all requirements of this section regarding emergency ambulances of every nature. Upon arriving at his destination, the ambulance driver or ambulance operator will again notify the fire department dispatcher that he has arrived and is no longer in emergency ambulance service. When the driver or operater of an ambulance is responding to a direct call for ambulance service, either under emergency conditions or otherwise, he shall inform the fire department ambulance dispatcher of the loca- tion of such call and such information as he may have concerning the circumstances surrounding the request for service and if the fire department ambulance dispatcher reports that a fire department ambulance is either en route to the same location or has arrived there and instructs such ambulance driver or operator not to respond to such call, it shall be unlawful for such driver or operator to so respond when instructed not to do so by the fire department ambulance dispatcher. D. DRIVING RESTRICTIONS (1) Signs and Flashing Emergency Lights The use of signs or flashing emergency lights on an ambulance upon the public streets of the City of College Station shall be unlawful except when furnish- ing emergency ambulance service in accordance with the terms of this section. (2) Speed Limits (a) It shall be unlawful to drive and operate any emergency ambulance on the streets in the North - gate area of the city in emergency ambulance service in excess of the speed limits applicable to nonemergency vehicles in the Northgate area of the city. (b) Elsewhere than in the Northgate area of the city, it shall be unlawful to operate and drive any emergency ambulance on the streets in emergency ambulance service at a rate of speed of more than ten (10) miles per hour in excess of the speed limits applicable to ordinary nonemergency vehicles. 137 (c) It shall be unlawful to operate or drive any emergency ambulance on the streets of the city in emergency ambulance service in excess of ten (10) miles per hour while entering and passing through an intersection controlled by a stop sign or while entering and passing through an intersection controlled by any traffic signal which, at the time, indicates stop by displaying a red light, and unless the operator thereof slows down as necessary for safety upon approach- ing the stop sign or signal and only then pro- ceeds cautiously past such stop sign or signal. E. REFUSAL TO RENDER AID (1) It shall be unlawful for the driver or the attendant of any emergency ambulance to fail to render first aid and assistance to the sick or injured at the place of emergency. It shall be unlawful for an emergency ambulance operator to refuse to carry or transport any sick, injured, or deceased person from the place of an emergency or the place of a direct call to which he has responded, and the circumstances that such person is or appears to be indigent and unable to pay the cost of such service shall not serve as an excuse from this requirement. (2) It shall be unlawful for any person, while operating or accompanying an emergency ambulance on the public streets or easements of the city, to solicit the business of transporting the sick or injured. F. FALSE REPORTING Any person who willfully, in writing or orally, or by use of any telephone, telegram, radio, or mechanical device or contrivance whatsoever, or by any name known, shall make, give, send a report, or communicate any false call or request for service of any ambulance or communi- cate any false report or falsely report any act or fact situation initially and voluntarily to the fire department or to any person operating an ambulance service in College Station for the purpose of causing, or which report or false call or request for services is calculated to cause an ambulance to respond thereto, or to do or perform some act or to do or render some service as a result thereof, 138 shall be guilty of an offense. The offense denounced herein is basically the offense of giving or causing to be given by any means a false emergency ambulance service alarm or false ambulance service request, and nothing herein shall be construed as including a pro- hibition against the offense of telephone harassment already prohibited by Article 476 of the State of Texas Penal Code, as amended by Acts 1965, 59th Legislature, page 1254, Chapter 575. G. AMBULANCE SERVICE FEE In its discretion, the city council may, from time to time, establish a standard charge or charges to be collected for the providing of emergency ambulance service by the fire department of the city, in order to partially defray the cost to the city of performing such function. The fire department shall maintain a record of each case of emergency ambulance assistance rendered to each sick or injured person and shall send a copy of such record, with all necessary data for the billing thereof, to the finance office, who shall bill the person served for the same in accordance with such standards established by the city council. Nothing herein shall authorize the fire department, under any circumstances, to refuse emergency ambulance assistance to any person upon the grounds that such person is indigent and unable to pay for such service. H. AMBULANCE ADVISORY COMMITTEE An ambulance advisory committee is hereby created to consist of the city manager or his representative, the fire chief, and the EMS director. The council shall also appoint a representative from the Brazos County Medical Society, Bryan Hospital, and St. Joseph Hospital. Two (2) citizens and a council liaison shall also be appointed to serve. It shall be the duty of such committee to submit to the council, from time to time, its recommendations as to new specifications for emergency ambulances and its recommendations as to revisions of this section. It shall be the further duty of such committee to meet at least two (2) times per year. 139 I. OPERATION ACCORDING TO STATE STATUTES Nothing herein shall prohibit any person owning an ambulance duly licensed and operated in accordance with Article 4590B, V.T.C.S., from operating such ambulance on the public streets for the purpose of furnishing ambulance service only. The driver of any such ambulance shall comply with all of the traffic laws of the State of Texas and ordinances of the City of College Station in furnishing such ambulance service. The operator thereof shall not permit such ambulance to be used for emergency ambulance service unless all requirements of this section regarding emergency ambulance service have been complied with, and an emergency ambulance or ambulance permit has been obtained from the city. J. BOOKS AND RECORDS TO BE OPEN The books and records of any permit holder shall be open at any reasonable time for inspection by the city council or any duly authorized representative. (Ordinance No. 1200 of December 13, 1979) 140 11/15/84 SECTION 8: ALARM SYSTEMS A. DEFINITIONS (1) Alarm Agent shall mean any individual employed by an alarm business whose duties include altering, install- ing, maintaining, moving, repairing, replacing, sell- ing, servicing, responding to, or monitoring an alarm system. It shall also mean any person employed or otherwise associated with an alarm business who has access to confidential information relating to a custom- er or subscriber of such alarm business which could be used to compromise or defeat an alarm system. (2) Central Station means any premise, usually maintained by an alarm company, equipped to receive and displace sig- nals from any type alarms. (3) Alarm User means any person on whose premises an alarm system is maintained, except for alarm systems on motor vehicles. (4) Subscriber means any person or business which buys or otherwise obtains an alarm system and has a contract with an alarm business to monitor and /or service the alarm system. (5) Home Alarm means any alarm device or system which is connected to a residence. (6) Hold -up Alarm means any type alarm system or device designated to be activated by the Alarm User or Subscriber in the event of a hold -up or robbery. (7) Dial Alarm means any alarm or device which automatically selects a telephone line connected to police headquar- ters and reproduces a pre- recorded message to report a criminal intrusion or other emergency requiring police response. (8) Chief of Police means the Chief of the College Station Police Department or his designated representative. (9) City means the City of College Station, Texas. (10) False Alarm shall mean the activation of an alarm system or device through mechanical failure, malfunction, im- proper installation, or the negligence of the owner or lessee of an alarm system or device or of his employees or agents. Such terminology does not include, for ex- ample, alarms caused by hurricanes, tornadoes, earth- quakes or other violent conditions. (11) Person means any individual, corporation or organiza tion. 141 04/30/86 B. ALARM BUSINESS LICENSE No person shall conduct an alarm business in the City of Col- lege Station unless they are licensed by the State of Texas under the provisions of the Private Investigators and Private Security Agencies Act. C. RECORDS Every subscriber of an alarm system or device within the City of College Station shall have an emergency response card on file with the Chief of Police. The card must contain the names and current telephone numbers of at least three indi- viduals authorized to enter upon the premises and turn off any such alarm. The person must acknowledge in writing that the employees of the Police Department of the City of College Station are authorized to enter any premises where an alarm has been activated, and that they may use reasonable means necessary to gain entry to determine if the alarm is valid or false. The City of College Station shall maintain a record of all responses to activated alarms. Such records shall include the time, date, and location of the alarm and information indicating if activation of the alarm was valid or false. Upon notification by the City of College Station Police De- partment, the designated alarm agent, if any, or the person so listed on the emergency response card, shall come to the scene of an alarm activation within thirty (30) minutes of being notified of the alarm activation. D. OPERATIONAL CHARACTERISTICS The sensory mechanisms used in connection with the alarms and /or automatic dial devices shall be adjusted to suppress for all signals so the alarms will not be activated by impulses due to transient pressure surges, electrical power surges or failures, short flashes of light, normal room temperature changes, wind noises, rattling or vibrating doors or windows, vehicular noises, or other causes unrelated to genuine signals. E. ALARM SYSTEM STANDARDS (1) Power Supply Any alarm system which necessitates response by a law enforcement agency or is a public alarm, shall be pro- vided with standby power to automatically maintain the system in a normal condition for a period of four hours in the event of the interruption of the primary power source. This does not apply where the central monitor- ing equipment produces a distinctive signal indicating power failure at the protected premises and a police response is not required. 142 04/30/86 (2) The City shall be entitled to inspect any installation for standby power supply function during regular busi- ness hours. F. MAINTENANCE (1) All alarm systems shall be subject to repair or correc- tion no later than the end of the business day following the day on which the user or alarm agent receives noti- fication of the need for such service. (2) Each installation shall be thoroughly inspected once each year. A copy of the inspection shall be sent to the Chief of Police by the Alarm Agent on a yearly basis. The Police Chief or his delegate may require more fre- quent inspection. G. AUDIBLE OR LOCAL ALARM SYSTEM CUTOFF Every audible local alarm shall be equipped with an automatic fifteen (15) minute cutoff and reset device, or shall be cap- able of being silenced manually by the owner or his repre- sentative within fifteen (15) minutes of the activation. H. MECHANICAL MALFUNCTIONS When a false alarm has occurred, the owner or his designated representative on the emergency response card shall within thirty (30) days make a written report to the Chief of Police stating the reasons for such false alarm and the corrective action taken to prevent a re- occurrence. First response - A response to premises at which no other false alarm has occurred within any calendar month shall be referred to as a "first response." No penalty or administrative sanction shall be imposed for a first response. Second and subsequent response - civil penalty. When two or more false alarms have occurred at any premises in any calendar month, owner shall have committed an infraction of this ordinance punishable by a civil penalty. The penalty for the second false alarm in any calendar month shall be calculated by the Director of Finance, such cost shall include personnel time for all officers involved in the response and vehicle cost, one -half hour for each vehicle involved, and to each succeeding false alarm in any calendar month shall be added an additional Twenty -five Dollars ($25.00). Any false alarms resulting from a failure to take the necessary corrective action to prevent any such re- occurrence and /or any nonpayment of any false alarm penalty may result in the College Station Chief of Police providing a written notice ordering a disconnection of such alarm until such corrective action or payment of penalty is made provided that no disconnection shall be ordered on any premises required by law to have an alarm system in operation. 143 04/30/86 I. NOTICE OF VIOLATION (1) Responsibility for Issuance. The Chief of Police or his designate shall be responsible for issuance of written notices of infractions to the owner following the second and each succeeding false alarm in any calendar month. The Chief of Police shall notify the City Finance De- partment of the amount of the penalties to be collected. (2) Waiver of Imposition. In the event that the Chief of Police determines that the false alarm occurred as a di- rect result of an interruption of electrical power, a telephone system malfunction, an alarm equipment mal- function, or other causes clearly beyond the control of the owner, the Chief of Police may waive imposition of the applicable false alarm penalty or administrative sanction. (3) Hearing from Administrative Decision Finality. Any person subject to the imposition of a penalty, order of disconnection, or other administrative sanction under the terms of this ordinance shall have a right to appeal the decision of the Chief of Police to the City Mana- ger. Requests for a hearing must be made in writing filed with the office of the City Manager within fifteen (15) days of the date of the notice of the administra- tive decision. Upon receipt of such written request, the City Manager shall schedule a hearing date and inform the owner of the date, time, and place of the past false alarms, corrective action taken, and any inspection reports on the cause of false alarms. If the City Manager determines that the false alarms were not caused by the owner, his employees, representatives or agents, and that reasonable steps have been taken to correct the problem, the penalty disconnection order or administrative sanction may be suspended in whole or in part. The City Manager shall keep a written report of the hearing, including a statement of the reasons for the action taken. J. DIAL ALARM RECEIVING EQUIPMENT After the enactment of this section, no automatic protection devices known as dial alarms or dialers, will be installed and keyed to any police emergency trunk line, used by the police to receive emergency requests or used to provide the public with information. Within sixty (60) days after the effective date of this section, all automatic protection devices known as dialers or dial alarms that were connected to a police emergency number or to a line used by the police to give the general public infor- mation, shall be disconnected from such number or line. The owner or lessee of any such device so connected shall be responsible for the disconnection of said device, and obtaining from the City of College Station Police Department the necessary instructions. 144 04/30/86 K. TESTING OF EQUIPMENT No person shall conduct any test or demonstration of a police alarm device or system in the City of College Station without first obtaining permission from the Chief of Police. Permis- sion to conduct such test of a police alarm device or system shall not be necessary when the alarm device is connected to an intermediary receiver and not relayed to police headquar- ters, and precaution has been taken to insure that such test will not cause police response or alarm to the general pub- lic. L. PENALTIES (1) Violation of any subsection of this ordinance shall be punishable by a fine not to exceed Two Hundred Dollars ($200. 00) . (2) The knowing failure of an alarm agent to inspect or repair an alarm where required herein is an offense here - under. Each day during which such failure continues shall constitute a separate offense. (3) The intentional installation or maintenance of an alarm not in accordance with the requirements of this ordi- nance is an offense hereunder. (4) It is an offense to knowingly or recklessly fail to sup -ply information as required by Section 8 -C. (5) It is an offense to knowingly or recklessly fail to attend upon the scene of an alarm activation within the time period set forth herein after actual notice has been given to the person designated to enter and control any premises. (Ordinance No. 1640 of March 13, 1986.) 145 04/30/86 SECTION 9: CHILD CARE A. DEFINITIONS (1) Group Day Home Care shall mean any facility that provides care for less than twenty -four (24) hours a day for seven (7) to twelve (12) children under fourteen (14) years old. 146 11/15/84 (2) Day Care Center shall mean any child care and /or development facility which provides for more than twelve (12) children under fourteen (14) years of age for less than twenty -four (24) hours a day. (3) Child Care and /or Development Facility shall mean and include the following: (a) Any children's home, orphanage, institution, private home, residence or other place, whether public, parochial or private, operated for profit or not, which keeps, cares for, has custody of, or is attended by seven (7) or more children under the age of fourteen (14), at any one (1) time during any or all of the twenty -four (24) hour day, specifically, but not limited to group day homes and day care centers. (b) Any institution, home or other place, whether public, parochial or private, conducted for profit or not, which keeps, cares for, has custody of or attended by any number of children under fourteen (14) years of age, who are mentally or physically handicapped, under medical or social supervision, and not within a hospital, twenty -four (24) hours a day. B. EXEMPTIONS This section shall not apply to the following: (1) Public Schools All public schools and those classes, grades, or parts or parochial schools of the first grade level and above so long as such classes, grades, or parts of such schools of the first grade level and above are conducted in accordance with an educational curriculum substantially similar to that of the public school system. (2) Religious Activities Those Sunday School, church school, or other similar religious activities which meet either during the regular periods of worship service or during scheduled events of the particular church conducting such activities, or nurseries maintained by a church which are for small children of people attending such church either during the regular periods of worship service or during scheduled church related activities of meeting. 147 (3) Temporary Classes and Activities Those dancing classes, music classes, athletic activities, arts and handicraft classes, vocational classes, summer recreational programs, and other similar groups and classes which meet for short periods of time on a temporary, irregular or intermittent basis. C. PERMIT REQUIRED It shall be unlawful to operate a child care and /or develop- ment facility as defined above, within the corporate limits of the City of College Station unless a permit therefor is first obtained from the city. No child care and /or develop- ment facility, which is also required to be licensed by the Department of Human Resources of the State of Texas, shall receive a permit unless it has been so licensed by the Texas Department of Human Resources. D. PROCEDURE TO OBTAIN PERMITS; INSPECTION; FEES; TRANSFERABILITY (1) Application Requirements Application for the permit required by this section shall be made on the forms furnished by the office of the city manager of the City of College Station upon completion of such application and the furnishing of all information required thereby, the premises where the child care and /or development facility shall be approved for such purposes by a representative of the city and the Brazos County Health Unit to determine if such premises are safe, sanitary, free from fire and health hazards and comply with zoning, building, and other applicable ordinances of the city and laws and regulations of the state. Inspections may be made at reasonable times to insure continuous compliance herewith. (2) When Permit May be Issued If applicable, necessary information shall be furnished to the State Department of Human Resources by appropriate city officials, after inspection. After determination that such premises are in compliance 148 with the above required standards and other provisions hereof, and have been approved by the fire marshal and building official, a permit to operate a child care or development facility shall be issued by the city. (3) Permit to Specify Maximum Number of Children Based upon the above standards and inspection, such permit shall specify the maximum number of children that may be accommodated by such child care and /or development facility. It shall be unlawful for the number of children within the child care and /or develop- ment facility at any one time to exceed such number. (4) When Maximum Authorized Capacity May be Increased Maximum authorized capacity of a child care and /or development facility may be increased upon application, approval by the city and payment of the appropriate fees. (5) Terms of Issuance Permits shall be issued on an annual basis, to expire on June 30th of each year, and shall be renewable only upon compliance with the provisions of this section and other applicable laws, ordinances and regulations, and payment of the fees required hereby. (6) Fees At the time of issuance of any permit hereunder, the applicant shall pay a fee in the amount set by the city council. (7) Permit Required for Each Location A separate permit shall be required for each location where a child care and /or development facility may be operated regardless of common ownership or management of child care and /or development facilities at different locations. (8) Permit not Transferable No permit required hereby shall be transferable, either to a different party or to a different location. 149 E. OPERATIONAL STANDARDS All child care and /or development facilities shall comply with the following standards. Additionally, such child care and /or development facilities shall comply with all applicable city ordinances, state laws, and regulations promulgated by state agencies which such child care and /or development facilities may be subject to. In the event a higher standard than those set forth herein is required by such law or regulation, the higher standard (ex: Texas Department of Human Resources regulations) shall control. Failure to comply with the standards required hereby shall be unlawful and each day of operation shall, without such compliance, be a separate offense. (1) Sanitation (a) All child care and /or development facilities shall comply with the provisions of all ordinances of the City of College Station, as presently or hereafter enacted or amended, pertaining to: (i) general sanitation of floors, walls, ceilings, doors and windows; lighting, ventilation and heating; pest and rodent control; and outside grounds; (ii) maintenance of toilet and lavatory facilities; (iii) construction, cleaning, sanitizing, and storage of equipment and utensils; (iv) disposal of garbage, trash, diaper waste, and other waste matter and maintenance of proper sewage facilities; and, (v) such other provisions of such ordinances which may be applicable. (b) For infants, adequate laundry facilities and waterproof self- closing containers shall be provided for soiled diapers and linens. (2) Safety (a) Fire protection shall be provided and a sufficient number of fire extinguishers shall be available as designated by the fire marshal. An adequate plan in duplicate for emergency shall be submitted to the fire marshal for approval and drills following this plan shall be conducted at intervals directed by the fire marshal. 150 (b) All buildings and grounds of a child care and /or development facility shall be free from hazards, dangerous stairways, and unprotected stoves or fireplaces. (c) All medications, including any medications to be personally used by the staff personnel, shall be stored in a closed cabinet at least four feet (4') from floor level. Such cabinet shall be used exclusively for medications. (d) At least one (1) first aid kit properly equipped with supplies designated by the College Station Fire Department Emergency Medical Services Supervisor and an American Red Cross First Aid Textbook Supplement (latest edition) shall be kept in the child care and /or development facility and be readily available for use, and there shall be at least one (1) person on duty at all times who has evidence of current certification of the completion of the American Red Cross course in first aid or equivalent thereof. Evidence of current certification must be presented within six (6) months of receiving the permit to operate the child care and /or development facility. (3) Diet and Formula Preparation (a) If meals are prepared at the child care and /or development facility, they shall be adequate to meet the nutritional necessities of the children receiving such meals. A written menu for each meal served shall be prepared a week in advance, and a record of food actually served shall be kept for review by the health official. (b) If formulas are prepared at the child care and /or development facility, this shall be done at a time when there are no other kitchen activities. (i) Direction, in writing, from the parent or guardian of the child shall be obtained showing the amount of each ingredient of the formula to be prepared at the facility in accordance with such direction. (ii) Equipment and ingredients shall be stored in separate, closed cabinets at all times. Fresh milk and formula shall be refrigera- ted at all times at a temperature of 45° F. or less. A thermometer shall be kept in the refrigerator. 151 (iii) Bottles shall be individually labeled for each child. (4) Qualifications for Directors Each child care and /or development facility shall designate one (1) person to be the director of the facility who shall be in charge of the care of the children therein. The director must have completed at least eight (8) grades of school and shall be at least eighteen (18) years of age. Provided, however, that any director of an existing child care and /or development facility may be exempted from such educa- tional qualifications if application for a permit is submitted to the city within thirty (30) days after the effective date of this section. In the absence of the director, a responsible person at least eighteen (18) years of age shall be placed in charge of the care of the children at the child care and /or development facility. (5) Location and Construction Requirements (a) No child care and /or development facility shall be permitted in a residential area unless a condition- al use permit is granted by the College Station Planning and Zoning Commission. (b) Facilities shall be provided for loading and unloading of passengers from automobiles off the public street and out of the public's way. (c) No provision hereof shall be construed to alter, waive, or otherwise change deed restrictions. F. PENALTY FOR VIOLATION Violation of any of the provisions of this section shall be deemed a misdemeanor and shall be punishable by a fine of not less than twenty -five dollars ($25.00), nor more than two hundred dollars ($200.00). Each day such violation shall be permitted to exist shall constitute a separate offense. 152 G. REVOCATION OR SUSPENSION (1) Grounds for Revocation or Suspension The city manager shall revoke or suspend any permit under this section, after ten (10) days notice by registered or certified mail and hearing before the city manager, upon any of the following grounds: (a) Violation of any of the provisions of this section. (b) Permitting, aiding, or abetting the commission of an illegal act in such institution. (c) Conduct practices or conditions detrimental or potentially detrimental to the welfare of children in the child care and /or development facility. (d) Failure or refusal to comply with or to maintain requirements and standards set forth in this section. (2) Appeals Upon revocation or suspension of any permit issued under this section after notice and hearing as set forth above, any child care and /or development facility whose permit has been revoked or suspended may appeal the decision of the city manager to the city council of the City of College Station by filing written notice of appeal with the city manager of the City of College Station within ten (10) days after the decision of the city manager. Upon the filing of such appeal, the city council shall set the earliest practicable date for hearing of evidence concerning the basis for revocation or suspension. After the hearing of such evidence, the city council shall determine whether such permit should be revoked or suspended, and for what period. If it is found by the city council that such permit should be revoked or suspended, such revocation or suspension shall be effective immediately without further notice or action. H. EFFECTIVE DATE Existing child care and /or development facilities will be required to comply with all subsections of this section no later than ninety (90) days after the passage of this section. Those new facilities which apply for a permit under this section will be required to meet requirements of this section immediately. (Ordinance No. 1252 of December 11, 1980) 153 (The next page is page 159) SECTION 10: WRECKER BUSINESS REGULATIONS A. DEFINITIONS (1) Certificate means authorization granted by the chief of police, under the provisions of this section, to use a designated vehicle as a wrecker. (2) Entrance to Private Parking Facility means any opening to a private parking facility which is capable of being used by a vehicle to effect ingress into the lot where such opening is not marked with an exit sign. (3) Owner means any person who holds the legal title to a motor vehicle; or has the legal right of possession thereof. This does not include any person who has gained possession of a motor vehicle only as a result of wrecker service performed. (4) Permit means authorization granted by the chief of police under the possession of this section to engage in the wrecker business in the City of College Station, Texas. (5) Permit Holder means any person possessing a current valid permit to engage in the wrecker business in the City of College Station, Texas. (6) Person means an individual, a corporation, a partner- ship, joint venture, or association. (7) Private Parking Facility means any public or private property used, in whole or in part, for restricted and /or paid parking of vehicles. "Parking facility" includes, but is not limited to, commercial parking lots, parking garages, and parking areas serving or adjacent to businesses, churches, schools, homes, and apartment complexes. "Parking facility" also includes a restricted portion or portions of an other- wise unrestricted parking facility. (8) Parking Facility Owner means any operator or owner, including any lessee, employee, or agent thereof, of a parking facility. (9) Unauthorized Vehicle means any vehicle parked, stored, or situated in or on a parking facility without the consent of the parking facility owner. 159 (10) Vehicle means every mechanical device in, upon, or by which any person or property is or may be trans- ported or drawn upon any street, alley, public park, commons, or public highway and including motor vehicles, trucks, tractors, trailers, and semi- trailers, but excepting devices moved by human power or used exclusively upon stationary rails or tracks. (11) Wrecker means any motor vehicle used for the purpose of towing or removing vehicles. (12) Wrecker Business means the business of towing or removing vehicles upon the public streets for a fee regardless of whether the purpose of the towing is to remove, repair, wreck, store, trade, or purchase vehicles. (13) Wrecker Company means any individual, corporation, partnership, or association engaged in the business of towing vehicles on a public highway for compensa- tion or with the expectation of compensation for the towing, storage, or repair of vehicles. The term "towing company" includes the owner, operator, employee, or agent of a towing company. (14) Wrecker Rotation Lists means lists prepared by the College Station Police Department of wrecker companies which have requested and qualified to appear thereon, and which maintain wreckers certified by the police department of College Station. B. PERMIT AND CERTIFICATES (1) Unlawful to Operate without Permit It shall be unlawful for any person to engage in the wrecker business in the City of College Station un- less such person possesses a current, valid permit from the City of College Station. (2) Vehicle Certificates Required It shall be unlawful to drive or cause to be driven, in the wrecker business as a wrecker, any vehicle for which no certificate has been issued. (3) Renewals Permits and certificates, unless revoked, shall be 160 renewed in July of each year. (Ordinance No. 1206 of February 28, 1979) (4) Fee The fee to be charged the wrecker company by the College Station Police Department for the certificate and permit will be in the amount of ten dollars ($10.00) per wrecker. (Ordinance No. 1216 of April 10, 1980) C. APPLICATION FOR CERTIFICATE AND PERMIT (1) Required Information Any applicant for a certificate and permit shall submit, on a form provided by the chief of police, a verified application containing or accompanied by the following: (a) The true name, the trade name, address, and telephone number of the wrecker company. (b) The true owner of the wrecker company, if the wrecker company is other than a corporation. (c) The true owners of the wrecker proposed to be used, other than the true owners of the property. (d) The number and type of wreckers proposed to be operated. (e) A certificate from the county tax assessor - collector that all taxes on all properties, real and personal, to be used in connection with the applicant's wrecker business have been paid -this is to include current license plate receipts. (f) A verified statement that there are no out- standing final civil judgements against the wrecker company or the owners thereof in connection with the operation of the wrecker business. (g) A certificate of public liability and property damage insurance issued to a company authorized to transact business in the State of Texas and 161 such policy shall contain limits of not less than one hundred thousand dollars ($100,000.00) for each injury or death of one (1) person in any one (1) accident or occasion of treatment or care and limits of not less than three hundred thousand dollars ($300,000.00) per occurrence of treatment or care, or injured or killed in the same accident or occasion of treatment or care, and ten thousand dollars ($10,000.00) for damage, destruction and /or loss of property as a result of one (1) accident. Liability insurance shall contain limits of not less than one hundred thousand dollars ($100,000.00) for garage. (h) The name of any wrecker company which the appli- cant has previously been associated, merged, or become a successor in interest. Should the predecessor have outstanding final civil judg- ments or be otherwise ineligible for a permit or certificate, the successor company shall likewise be ineligible until the impediment is removed. (2) Rejections and Revocations In the event the chief of police determines that any of the information contained in the application is inaccurate or not current, he shall reject such application, or if a certificate or permit has been issued, it shall be revoked. (Ordinance No. 1206 of February 28, 1979) (3) Application Form The permit application that any applicant shall submit will be supplied by the College Station Police Department in the form that follows. 162 WRECKER PERMIT NO. 1. True name of wrecker company: 2. Trade name of wrecker company: 3. Address: 4. Storage yard location: 5. Twenty -four (24) hour telephone number of wrecker company: 6. Owner of wrecker company: 7. Names and addresses of owners of the wrecker to be used: 8. Vehicle Information: * Make Model Year Color License Number Year State Vehicle Identification Number 9. Attach a verified statement that there are no outstanding final civil judgments against the wrecker company or the owners thereof in connection with the operation of the wrecker business. 10. Insurance Policy Number ** Attach a certificate of public liability and property damage insur- ance issued to a company authorized to transact business in the State of Texas and such policy shall contain limits of not less than $100,000.00 for each injury or death of one (1) person in any one (1) accident or occasion of treatment or care and limits of not less than $300,000.00 per occurrence of treatment or care, or injured or killed in the same accident or occasion of treatment or care and $10,000.00 for damage, destruction and /or loss of property as a result of one (1) accident. Liability insurance shall contain limits of not less than $100,000.00 for garage. 11. List below the name(s) of any wrecker company which the applicant has previously been associated, merged, or become a successor in interest. * ** 163 I attest that the information above and attached to this form is true and correct to the best of my knowledge. DATE OWNER REQUESTING PERMIT FOR OFFICE USE ONLY -- DO NOT WRITE BELOW THIS LINE Date fee paid: Date verified by: Permit granted by chief of police: Date permit issued: WRECKER INSPECTION CERTIFICATE Title Number: MVI Sticker Fire Extinguisher(s) Broom Emergency Beacon Scoop Load Lights APPROVED OFFICER DISAPPROVED DATE * Separate permit and certificate for each wrecker. ** Attach copy of policy to this form for each wrecker. * ** In the case that this item is applicable, separate tax and judgments should be attached for the previous company. 164 OUTSTANDING JUDGMENT CERTIFICATE THE STATE OF TEXAS) KNOW ALL MEN BY THESE PRESENTS: COUNTY OF BRAZOS ) THAT I, , county /district clerk for the County /District of , Texas, hereby certify that there are no outstanding final civil judgments against the wrecker company listed herein as or the owners thereof in connection with the operation of this wrecker company. WRECKER COMPANY OWNERS OF WRECKER COMPANY (SEAL) County /District Clerk State of Texas (Ordinance No. 1216 of April 10, 1980) 165 D. INSPECTION OF VEHICLES Every vehicle to be used by the applicant in the wrecker business shall be inspected by the chief of police or his designated agent prior to the issuance of a certificate or permit to ascertain if it has the following: (1) Current safety inspection certificate. (2) One (1) fire extinguisher, type ABC dry chemical, at least 10 + or equivalent. (3) Six (6) flares, fifteen (15) minute burning time. (4) Four (4) red hand flags. (5) Light set sufficient to provide brake light and tail light for maximum towed load. (6) Broom and scoop. (7) Approved emergency flashing beacons. E. REMOVAL BY PARKING FACILITY OWNER (1) Without Consent of Owner A parking facility owner or a permit holder may, without the consent of the owner or operator of an unauthorized vehicle, cause such vehicle to be re- moved and stored at the expense of the owner or operator of the vehicle, if any of the following occurs: (a) A sign or signs, specifying those persons who may park in the parking facility and prohibiting all others, are placed so that they are readable day or night from all entrances to the parking facility (but signs need not be illuminated); such sign to display the current phone number of the wrecker company or parking facility owner. (b) The owner or operator of the unauthorized vehicle has actually received notice from the parking facility owner that the vehicle will be towed away if it is not removed. (c) The unauthorized vehicle is obstructing an entrance, exit, fire lane, or aisle of the parking facility. 166 (2) Under Direction of Peace Officer Otherwise, a parking facility owner may not have an unauthorized vehicle removed except under the direction of a peace officer or the owner or operator of such vehicle. (3) Unlawful Removals It shall be unlawful for any person to remove a vehicle, other than an unauthorized vehicle, from a private parking facility, without the consent of the owner or under the direction of a peace officer. F. REPORT OF TOWING OF UNATHORIZED VEHICLE TO POLICE DISPATCHER The wrecker company that removes an unauthorized vehicle from private property within the city pursuant to Article 6701g -2 of Vernon's Civil Statutes of the State of Texas, shall notify the City of College Station Police Department within one (1) hour of such removal. The information to be provided in such notification shall include the date, time, and location of the removal; the physical description and license number of the vehicle; the name of the person who requested that the vehicle be removed, if a business entity, then the name of the person who is authorized to act on behalf of the entity as well as the name of the entity; the name of the wrecker company which performed the removal; the storage location of the vehicle; and telephone number at which the wrecker company is available on a twenty -four (24) hour basis to release an impounded vehicle. G. WRECKER ROTATION LISTS (1) Qualifications The City of College Station Police Department shall establish and maintain a wrecker rotation list and each permit or certificate holder is qualified to be on such a list if he maintains a twenty -four (24) hour wrecker service and has no more than two (2) telephone numbers, of which numbers one (1) is answered twenty -four (24) hours a day, seven (7) days a week. The use of an answering service shall be permitted; provided, that if such a service is used, the failure of a permit holder to communicate with the police dispatcher within five (5) minutes following a call requesting a dispatch of a certified wrecker, confirming that the permit holder shall immediately dispatch the certified wrecker 167 requested to the desired location, will result in a forfeiture by the permit holder of that call. Regardless of type of answering service, an employee must be on garage premises during the hours of 8:00 a.m. to 5 :00 p.m. Monday through Friday. (2) Forfeiture of Calls Failure of any permit holder to deliver a wrecker to the scene where it was requested within a reasonable length of time will result in the forfeiture of that call. Five (5) forfeitures of calls within one (1) calendar year will cause the permit holder to lose privileges on the wrecker rotation list for a period of time to be determined by the chief of police. (3) Unneeded Calls If a wrecker is called to a scene by a police officer and subsequently not needed, the wrecker company will remain at the top of the rotation list. (4) Towing of Abandoned Vehicles A separate list shall be maintained for the towing of abandoned vehicles. Failure to respond to calls two (2) times shall result in the removal of the firm from both the regular rotation list and the abandoned vehicle rotation list for a period of one (1) week. If the firm can show that there was extenuating circumstances, no action will be taken. (Ordinance No. 1206 of February 28, 1979) H. FEES TO BE CHARGED BY PERMIT HOLDERS The standard fee which shall be charged by permit holders shall be in an amount which is sufficient to compensate the wrecker company for its service. The amount of a fee for any particular type of tow may be set by the City Council in resolution, after public hearing. The City Secretary shall publish a notice in a newspaper of general circulation at least ten days before such hearing setting forth the date, time, and type of tows for which a fee is proposed to be set. The council may complete the attendance of witnesses and issue a subpoena duces tecum for any relevant financial records; any subpoena to be signed by the Mayor. This fee shall include taking the wrecked or disabled vehicle anywhere in the city limits of College Station or Bryan. (Ordinance No. 1316 of August 27, 1981) 168 11/15/84 I. DRIVING WRECKERS TO SCENE OF COLLISION PROHIBITED; EXCEPTIONS No person shall drive, or cause to be driven, a wrecker to or near the scene of a collision on a street in this city unless such person has been called to the scene by the College Sta- tion Police Department or by a party involved in the colli- sion. J. SOLICITING WRECKER BUSINESS ON CITY STREET PROHIBITED No permit holder or his employees shall solicit in any man- ner, directly or indirectly, on the streets of the city, wrecker business involving any vehicle which is wrecked on a public street. This prohibition applies regardless of whether the solicitation is for the purpose of soliciting the busi- ness of towing, selling, or purchasing such vehicle. K. POUND HAULS Any police officer investigating an accident or collision within the city may order the impoundment of any motor vehi- cle involved therein when, in the judgment of such officer, criminal prosecution will be involved as a result of such ac- cident or collision, or when it is necessary to impound such vehicle to secure evidence, or when the owner or occupant of the same is unable or fails to have such vehicle removed. The fees to be charged for pound hauls as well as storage shall be set by the city council after a public hearing. No storage fee shall be charged if the vehicle is stored less than twenty -four (24) hours. L. DUTIES OF PERMIT HOLDERS It shall be the obligation of all permit holders under this section to operate the wrecker business in a safe manner and is not limited to the following: (1) Taking Direction from Investigating Officer Upon arrival at the scene of a collision within the in- corporated limits of the City of College Station, permit holders shall take directions from the police officer investigating the collision. 169 (2) Removing Debris of Collision Wrecker company personnel of a permit holder which hauls any vehicle from the scene of a collision within the in- corporated limits of the City of College Station shall remove debris of the collision from the public street; this duty specifically includes the removal of broken glass and metal fragments from the street. Such debris shall be disposed of in a manner which will keep it out of the gutters, storm sewers, streams, pub- lic rights -of -way, and property not belonging to the wrecker company, without the consent of the owner. (Ordinance No. 1206 of February 28, 1979) M. PENALTY FOR VIOLATION Any person who violates any provision of this section is guilty of a misdemeanor and may be charged with a separate offense for each day or portion of a day during which the vi- olation is committed, continued, or permitted; and each of- fense under this section is punishable by a fine of not less than twenty -five ($25.00) dollars and not more than two hun- dred ($200.00) dollars. (Ordinance No. 1477 of November 22, 1983) N. SUSPENSION OF WRECKER LIST In addition to the criminal penalties imposed by this sec- tion, any permit holder who violates this section may be sub- ject to the following sanctions: (1) The first (1st) violation of any provision of this sec- tion shall result in the removal of the firm from the wrecker rotation lists for one (1) week. (2) The second (2nd) violation shall result in suspension from the wrecker rotation lists for thirty (30) days. (3) Any further violations of this section may result in the revocation of certificate and permit to operate on the streets of the City of College Station, Texas. (Ordinance No. 1206 of February 28, 1979) 170 11/15/84 SECTION 11: MOVING OF HOUSES OR OTHER BUILDINGS ACROSS CITY STREETS A. PERMIT REQUIRED No houses, garages, or other buildings shall be moved across the streets or along the streets of the City of College Station, Texas, unless there shall be a permit issued by said city for the moving. B. TERMS Said permit will designate the streets to be used and the time which the moving will be done. C. DEPOSIT REQUIRED Before any permit will be issued, a deposit of one hundred dollars ($100.00) shall be made with the city secretary. Such fee will be held by the city until the structure is completely moved, and then such damage to city streets, bridges, and city utility lines will be repaired by the city and the costs charged to the deposit. The balance of the deposit remaining after repairs are made will be refunded to the owner. (Ordinance No. 54 of September 5, 1940) SECTION 12: FAIR HOUSING REGULATIONS A. DEFINITIONS For the purpose of this section the following terms, phrases, words, and their derivations shall have the meanings given herein. When not inconsistent with the context, words so used in the present tense include the future, words in the masculine gender include the feminine, words in the plural number include the singular, and words in the singular number include the plural. 171 (1) Discriminatory Housing Practice means an act that is unlawful under subsections B, C, or D of this section. (2) Dwelling means any building, structure, or portion thereof which is occupied as, or designed and intended for occupancy as a residence by one (1) or more families or any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof. (3) Family includes a single individual. (4) Person includes one (1) or more individuals, corpora- tions, partnerships, associations, labor organizations, legal representatives, mutual companies, joint stock companies, trusts, unincorporated organizations, trustees, fiduciaries, and any other organization or entity of whatever character. (5) To Rent includes to lease, to sublease, to let, and otherwise to grant for a consideration the right to occupy premises not owned by the occupant. (6) Private Club includes fraternities and sororities. B. DISCRIMINATION IN THE SALE OR RENTAL OF HOUSING Except as exempted by subsection E, it shall be unlawful for any person to: (1) Refuse to sell or rent, after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, sex, religion, or national origin. (2) Discriminate against any person in the terms, condi- tions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, sex, religion, or national origin. (3) Make, print, publish, or cause to be made, printed, or published any notice, statement, or advertisement regarding the sale or rental of a dwelling that indicates any preference, limitation, or discrimina- tion based on race, color, sex, religion, or national origin, or an intention to make any such preference, limitation, or discrimination. 172 (4) Represent to any person because of race, color, sex, religion, or national origin that any dwelling is not available for inspection, sale, or rental when such dwelling is in fact so available. (5) For profit or with the hope or expectation of profit, induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, sex, religion, or national origin. C. DISCRIMINATION IN THE FINANCING OF HOUSING It shall be unlawful for any bank, building and loan association, insurance company or other corporation, association, firm, or enterprise whose business consists in whole or in part of the making of commercial or residential real estate loans, to deny a loan or other financial assistance to a person applying therefor for the purpose of purchasing, constructing, improving, re- pairing, or maintaining a dwelling; or to discriminate against any such person in the fixing of the amount, interest rate, brokerage points, duration, or other terms or conditions of such loan or other financial assistance because of the race, color, sex, religion, or national origin of such person or of any person associated with him in connection with such loan or other financial assistance; or the race, color, sex, religion, or national origin of the present or prospective owners, lessees, tenants, or occupants of the dwelling or dwellings for which such loan or other financial assistance is to be made or given. D. DISCRIMINATION IN THE PROVISION OF BROKERAGE SERVICES It shall be unlawful for any person to deny access to or membership or participation in any multiple listing ser- vice, real estate brokers' organization or other service, organization, or facility relating to the business of selling or renting dwellings, or to discriminate in the terms or conditions of such access, membership, or partici- pation on account of race, color, sex, religion, or national origin. 173 E. EXEMPTIONS AND EXCLUSIONS There shall be exempted from the application of this section all transactions involving: (1) Exemptions Enumerated (a) The rental of units in dwellings containing living quarters occupied or intended to be occupied by no more than four (4) families living independently of each other if the owner actually maintains and occupies one (1) of such units as his residence. (b) The rental of a single room in a dwelling con- taining living quarters occupied or intended to be occupied by no more than one (1) family if the person offering such room for rental actually maintains and occupies the remainder of such dwelling as his residence and not more than four (4) such rooms are offered. (c) The sale or rental of any single house by a private individual who owns such house; provided that: (i) The sale or rental is made without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, agent, or salesman, or of such facilities or services of any person in the business of selling or renting dwellings or of any employee or agent of any such broker, agent, salesman, or person; and (ii) The sale is made without the publication, posting, or mailing of any advertisement or written notice in violation of sub- section B(3) of this section, this shall not prohibit the use of attorneys, escrow agents, abstractors, title companies, and other such professional assistance as necessary to perfect or transfer the title; and (iii) The owner does not own more than three (3) single - family houses at the time of the sale; and (iv) The owner does not own any interest in, nor is there owned or reserved on his 174 behalf, under any express or voluntary agreement, title to or any right to all or any portion of the proceeds from the sale or rental of more than three (3) such single - family houses at any one (1) time. (v) If the owner does not reside in the house at the time of sale or was not the most recent resident of such house prior to the sale, the exemption granted by this subsection shall apply only with respect to one (1) such sale within any twenty - four (24) month period. (2) Religious Organizations Nothing in this section shall prohibit a religious organization, association, or society or any nonprofit institution or organization operated, supervised, or controlled by or in conjunction with a religious association or society from limiting the sale, rental, or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons, unless membership in such religion is restricted on account of race, color, sex, or national origin. (3) Private Clubs Nothing in this section shall prohibit a bona fide private club, not in fact open to the public, which as an incident to its primary purpose, provides lodging which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members. (4) Housing Accommodations Nothing in this section shall bar any person from owning and operating a housing accommodation in which a room or rooms are leased, subleased, or rented only to persons of the same sex, when such housing accommodation contains common lavatory, kitchen, or similar facilities available for the use of all persons occupying such housing accommodation. 175 F. COMPLAINTS (1) Who may File Only a person who claims to have been injured by a discriminatory housing practice or who believes he will be irrevocably injured by a discriminatory housing practice that has occurred or is occurring, hereinafter referred to as person aggrieved, may file a complaint with the city attorney of the City of College Station. Such complaints shall be in writing and shall identify the person alleged to have committed or alleged to be committing a dis- criminatory housing practice and shall state the facts upon which the allegations of a discriminatory housing practice are based. The city attorney shall prepare complaint forms and furnish them without charge to any person upon request. (2) City Attorney may File Complaint It at any time the city attorney shall receive or discover credible evidence and shall have probable cause to believe that any person or persons have committed or are committing a discriminatory housing practice as to which no complaint has been filed, the city attorney may prepare and file complaint upon his own motion and in his own name, and such complaint shall thereafter be treated in the same manner as a complaint filed by a person aggrieved. (3) Deadlines; Notifications All complaints shall be filed within ninety (90) days following the occurrence of an alleged discriminatory housing practice. Upon the filing of any complaint, the city attorney shall provide notice of the com- plaint by furnishing a copy of such complaint to the person or persons named therein who allegedly commit- ted or were threatening to commit an alleged discrim- inatory housing practice. The accused may file an answer to the complaint within fifteen (15) days of receipt of the written complaint. (4) Subscribed and Sworn All complaints and answers shall be subscribed and sworn to before an officer authorized to administer oaths. 176 G. INVESTIGATION (1) By City Attorney Upon the filing of a complaint as herein provided, the city attorney shall cause to be made a prompt and full investigation of the matter stated in the complaint. (2) City Attorney to Effect Conciliation During or after the investigation, but subsequent to the mailing of the notice of complaint, the city attorney shall, if it appears that a discriminatory housing practice has occurred or is threatening to occur, attempt by informal endeavors to effect conciliation, including voluntary discontinuance of the discriminatory housing practice and adequate assurance of future voluntary compliance with the provisions of this section. (3) When City Attorney may Prosecute Upon completion of the investigation and informal endeavors at conciliation by the city attorney, but within thirty (30) days of the filing of the complaint with the city attorney, if the efforts of the city attorney to secure voluntary compliance have been un- successful, and if the city attorney has made a determination that a discriminatory housing practice has in fact occurred, such violation shall be prose- cuted in the municipal court of the City of College Station. If the city attorney determines to prose- cute, he shall institute a complaint and prosecute same to conclusion within thirty (30) days after such determination, or as soon thereafter as practicable. (4) Lack of Probable Cause If the city attorney determines that there is not probable cause to believe that a particular alleged or suspected discriminatory housing practice has been committed, the city attorney shall take no further action with respect to that alleged or suspected offense. In such case the person filing the complaint shall be notified by the city attorney and informed of any alternate action he may take. 177 H. CUMULATIVE LEGAL EFFECT This section is cumulative in its legal effect and is not in lieu or any and all other legal remedies which the person aggrieved may pursue. I. UNLAWFUL INTIMIDATION It shall be unlawful for any person to harass, threaten, harm, damage, or otherwise penalize any individual, group, or business because he or they have complied with the provisions of this section, because he or they have exercised his or their rights under this section, or enjoyed the benefits of this section, or because he or they have made a charge, testified, or assisted in any manner in any investigation, or in any proceeding hereunder or have made any report to the city attorney. J. EDUCATION AND PUBLIC INFORMATION In order to further the objectives of this section, the city attorney may conduct educational and public information programs. (Ordinance No. 1197 of November 29, 1979) K. PENALTY (1) Any person, firm or corporation violating any provision of this section shall be guilty of a misdemeanor, and upon conviction shall be fined a sum not to exceed One Thousand ($1,000.00) Dollars for each violation. However, if this penalty provision is invalid as to the scope of the city's authority to enact a penalty provision for more than Two Hundred ($200.00) Dollars, this ordinance shall be valid in all other respects, and the maximum fine shall be Two Hundred ($200.00) Dollars. Each day a violation continues after passage of seventy -five (75) days from the date of the filing of the initial complaint with the city attorney shall constitute a separate and distinct offense. (Ordinance No. 1476 of November 22, 1983) (2) Any person, firm, or corporation violating any provision of this section may be enjoined by a suit filed by the city in a court of competent jurisdiction, and this remedy is in addition to any penalty provision. (Ordinance No. 1197 of November 29, 1979) 178 11/15/84 SECTION 13: OPERATION FOR THE PRODUCTION OF OIL AND GAS A. PERMIT REQUIRED No person shall hereafter begin or conduct any operations for the discovery or production of oil, gas, or the various hy- drocarbon constituents of either within the City of College Station, Texas, without obtaining a permit therefor. B. APPLICATION; CONDITIONS OF PERMIT Any person desiring to conduct operations as described above shall apply to the city council for such permit, upon a form to be promulgated by the city manager, and shall pay a filing fee as set by council resolution. The council shall consider the application at a regular public meeting and shall grant or deny such permit based upon: (1) the degree of hazard to the public; or (2) potential damage to property of the city or its citi- zens, including city streets. The council may set such regulations as are necessary for the public safety, which regulations shall be conditions of the permit. The council may also require the applicant to post a bond or letter of credit payable to the city, in a reasonable amount sufficient to cover the potential expense to the city by damage to streets or extraordinary demands on city ser- vices. (Ordinance No. 1264 of January 22, 1981) C. PENALTIES Violation of this section is punishable by a fine of not less that Fifty ($50.00) Dollars and not more than One Thousand ($1,000.00) Dollars. However, if the penalty provision of this Section is invalid in that it is beyond the scope of the authority of the city to enact a penalty provision for more than Two Hundred ($200.00) Dollars for the violation of this ordinance, then this ordinance shall be valid in all other respects, and the maximum fine shall be Two Hundred ($200.00) Dollars. Each day which a violation occurs shall constitute a separate offense. This section may be enforced by the City in equity through the issuance of injunctive process or other order of any state court having jurisdiction over such suits. (Ordinance No. 1475 of November 22, 1983) 178.1 11/15/84 SECTION 14: PURCHASE OF USED JEWELRY OR PRECIOUS METALS A. DEFINITIONS (1) Business means an activity carried on by any person who buys used jewelry, money, silverware, or precious metal, as defined in this section, for profit. The term "business" shall not include occasional purchases or sales made by a hobbyist, nor shall it include activities regulated by the Texas Pawnshop Act (Art. 5069 -51.01 et.seq., V.A.T.S.). (2) Dealer means any person who buys used jewelry, money, silverware, or precious metal in the course of business, but does not include persons regulated by the Texas Pawnshop Act (Art. 5069 -51101 et.seq., V.A.T.S.). (3) Money means money which has numismatic value. (4) Person means any individual, corporation or partnership and includes the plural. (5) Precious metal means gold, silver, or platinum. (6) Semi - precious gems include, but is not limited to such gems as jade, tanzanite, tsavorite garnets and aquamarines. (7) Silverware means silver or silver - plated flatware, trays, goblets, dishes or serving pieces. (8) Temporary location means any place or premise which has not been hired, rented or leased for at least ninety (90) days, in, upon or from which business is conducted. (9) Used jewelry means previously owned articles made from precious and semi - precious metal, silver, gold, diamonds, sapphires, rubies, pearls, emeralds and gems and includes such personal ornaments as watches, rings, pendants, chains, fobs, broaches and necklaces. B. PERMIT Any dealer who engages in the business of buying used jewelry, money, silverware or precious metal shall obtain a permit before engaging in such business within the City. Any person desiring such a permit shall make application in writing to the Chief of Police on a form provided for that purpose. Such form shall be sufficient if it includes the following information: 178.2 11/15/84 (1) Name, address and telephone number of applicant; (2) Business address of applicant; (3) Time period or periods during which business will be conducted; (4) Location or locations where business will be conducted; (5) Whether or not the applicant, or any co- principal or employee, has been found guilty of any criminal offense defined in Title 7 of the Texas Penal Code (or their criminal equivalents) by any Court of competent jurisdiction and, if so, the venue of such offense and penalty imposed; (6) Whether or not the applicant has been or is currently a party to any civil litigation arising out of sales or purchases of any goods or services and, if so, the identity of other parties to the suit, the location of the suit, and the outcome of the suit; (7) Whether the applicant has ever before engaged in business under an assumed name and, if so, the name assumed by such business. C. ISSUANCE OF PERMIT; FEE Upon receipt of the application, the Chief of Police shall issue a permit upon the payment of a fee established by the City Council; provided, however, no permit shall be issued to any applicant who has been found guilty of a criminal offense against property defined in Title 7 of the Texas Penal Code by a Court of competent jurisdiction within the preceding five (5) years. Permits issued hereunder shall be valid for a period of one (1) year from the date of issuance thereof. A permit issued hereunder may be summarily revoked by the Chief of Police if a permit holder is found guilty of a criminal offense defined in Title 7 of the Texas Penal Code (or their criminal equivalents) by a Court of competent jurisdiction. Within ten (10) days of such revocation by the Chief of Police, the permit holder shall have the right of appeal to the City Council whose decision shall be final. D. RECORDS OF PURCHASE Upon any purchase of any goods defined in Section A herein, permit holders shall record in a well bound book kept exclusively for such purpose, the following information: 178.3 11/15/84 (1) The name, address and physical description and driver's license number of the seller of any used jewelry, money, silverware or precious metal; (2) A description of the property purchased, including the serial number, if available, or other identifying characteristics. (3) The date and time of purchase for each item purchased. No permit holder shall purchase any used jewelry, coins, silverware, or precious metal from any person under the age of eighteen (18) years unless such seller presents a written statement from such seller's parent or legal guardian consenting to such sale, which statement shall be retained and recorded by the permit holder. Permit holder purchasing used jewelry, coins, silverware or precious metal shall obtain a signed warranty from the seller that the seller has the right or authority to sell the property, which statement shall be retained and recorded by the permit holder. All books and records required to be kept under the terms herein shall be open to inspection at all reasonable hours by any bona fide peace officer. All books and records required to be kept under the terms herein shall be kept continuously for a minimum period of two (2) years. E. PURCHASES AT TEMPORARY LOCATIONS Any dealer who conducts a business from a temporary location within the city and who does not maintain a permanent location within the city, shall deliver the records of purchases to the Chief of Police within twenty -four (24) hours of terminating the temporary location. F. IMMEDIATE ALTERATION PROHIBITED It shall be unlawful for the permit holder, or any agent or employee thereof, to cause or allow any used jewelry, money, silverware, or precious metal to be smelted, crushed, processed or altered in such a manner as to destroy or prevent the ascertainment of the identity of same for a period of ninety -six (96) hours, and the permit holder shall retain all such property purchased in his possession or constructive possession for said ninety -six (96) hour period. (Ordinance No. 1281 of March 26, 1981 & S.B. 666, 1981) 178.4 11/15/84 SECTION 15: SALE OF GLUE AND SPRAY PAINT TO MINORS A. DEFINITIONS (1) As used herein "model glue" shall mean any glue or cement of the type commonly used in the building of model airplanes, boats, and automobiles, or any similar substance which con- tains one or more of the following volatile solvents: 1. Acetone 2. Amylacetate 3. Benzol or Benzene 4. Butyl Acetate 5. Butyl Alcohol 6. Carbon Tetrachloride 7. Chloroform 8. Cyclohexanone 9. Ethanol or Ethyl Alcohol 10. Ethyl Acetate 11. Hexane 12. Isopropanol or Isopropyl Alcohol 13. Isopropyl Acetate 14. Methyl 'Cellosolve' Acetate or Methyl Acetate 15. Methyl Ethyl Ketone 16. Methyl Isobutyl Ketone 17. Toluol or Toluene 18. Trichloroethylene 19. Tricresyhl Phosphate 20. Xylol or Xylene 21. Camphor 22. Napthas 23. Vinyl Acetate 24. Isobutane 25. Propane 26. Methylene Chloride or any other solvent, material, substance, chemical or combi- nation thereof, which is chemically related to the above sub- stances. (2) As used herein, "spray paint" means any acrylic, enamel, la- tex, or oil based paint packaged and sold in pressured con- tainers, and which contains one or more of the substances listed above, or which utilizes any of the chemicals or sub- stances known as "fluorocarbons" as a propellant, except such spray paints as are sold in containers of 2 gallons liquid volume or more. 178.5 11/15/84 (3) As used herein, "pressurized fluorocarbons" means any fluoro- carbon substances sold in containers of less than 5 lbs. net weight, or 5 gal. liquid volume. (4) As used herein "kit" shall mean any collection of materials used for the construction of model airplanes, model boats, model automobiles, model trains or other similar assemblage of construction materials. B. UNLAWFUL TO SELL TO PERSONS UNDER 18 YEARS OF AGE (1) It shall be unlawful for any person knowingly and intention- ally to sell or otherwise transfer possession of any type of "model glue ", "spray paint ", or "pressurized fluorocarbons" to any minor under the age of eighteen years for any purpose whatsoever, unless at the time of the sale or other transfer of possession said minor is accompanied by a parent or guard- ian, as the case may be, and the written consent of such sale or transfer of said minor's parent or guardian is signed by said parent or guardian in the presence of the person making the sale or transfer. In such cases, the seller or transfer- or shall make a written record of such transaction, showing the name, address, sex and age of the minor, as well as the name and address of the consenting parent or guardian, which said record must be kept available for inspection by the po- lice for a period of at least twelve (12) months from the date of sale or transfer; provided separate records need not be kept if the seller or transferor retains the consent let- ter, where such letter contains all the required information as herein set forth. At any time that an establishment is open for business, the police shall have full authority to inspect any and all records pertaining to the sale of "model glue" and "spray paint" as herein defined, and it shall be a violation hereof to refuse the records to any police officer of the City of College Station requesting the same in his of- ficial capacity. (2) It shall be unlawful for any person to sign and furnish any consent letter of the sort referred to in paragraph (1) above that is false in any respect. (3) The provisions of paragraph (1) above shall not apply where the "model glue" or "spray paint" is sold, delivered or given simultaneously with and as part of a "kit" used for the con- struction of model airplanes, model automobiles, model trains or other similar models. 178.6 11/15/84 (4) It shall be unlawful for any person selling or offering for sale "model glue" to display the same on open shelves or counters in his business establishment in such a manner as to make the same accessible to custom- ers or other members of the public. (Ordinance No. 1319 of September 10, 1981) SECTION 16: OPENING AND CLOSING GRAVES A. DEFINITIONS (1) Person - any individual, partnership or corporation en- gaged or engaging in the activity regulated hereunder. (2) Open or Opening means the excavation of the earth's sur- face for the purpose of interring casketed human remains in such a manner as to provide stable earthen walls for the period that a grave shall remain open; all as per- formed under the provisions of this section. (3) Close or Closing means the covering of the interred re- mains and restoration of the surface in such a manner as to reduce subsequent settlement of the overlaying soil; all as performed under the provisions of this section. (4) Related Services means and shall include the provision of functions traditionally related or incidental to cem- eteries, such as the furnishing and /or setting up of cemetery equipment for graveside services. B. OPENING AND CLOSING No person shall open or close a grave within the City of College Station until and unless such person is licensed hereunder. C. APPLICATION A person who seeks a license hereunder shall apply to the City Secretary on a form furnished for such purpose. Upon meeting the qualifications and requirements of this section, such person shall be issued a license by the City Secretary. Each new applicant shall pay an application fee of $100.00. Each renewal shall be accompanied by a $25.00 renewal fee. A license shall be effective for a period of one year from the date of issuance. 178.7 11/15/84 D. REQUIREMENTS AND QUALIFICATIONS The following requirements must be met by each applicant: (1) A licensee must have a regular business office. (2) A licensee must provide telephone availability 24 hours a day for emergencies. Each licensee must be available upon 3 hours notice during daylight hours to open and close graves. (3) Each applicant must be generally familiar with the laws, ordinances, rules and regulations applicable to the ac- tivity regulated hereunder. The City Secretary may re- quire an applicant to take an examination for licensure or renewal. (4) Each applicant shall have the capability to open and close graves as defined herein. Prior experience shall establish capability provided that two references may be required showing satisfactory performance history. An unexperienced applicant may be required to demonstrate capability, including the opening and closing of 1 to 3 graves prior to licensure. (5) Each licensee shall have equipment suitable for the ac- tivity to be performed. A complete listing of equip- ment, including identifying numbers, shall be furnished with the application and shall be approved or rejected by the Director of Public Services. Said listing shall be updated within 10 days of the disposition or acquisi- tion of any equipment. Any issues relating to the suit- ability of equipment shall be resolved by a good faith determination by the Director of Public Services. (6) Each applicant shall supply proof of comprehensive, gen- eral liability insurance and standard automobile liabil- ity insurance showing coverage limits for personal in- jury in the amount of $300,000 per occurrence, $500,000 aggregate, with property insurance of $50,000 aggre- gate. Such proof shall reflect upon its face the obli- gation of the company to notify the City 10 days prior to cancellation. Termination of such coverage shall ipso facto terminate any license granted 178.8 11/15/84 hereunder. Each applicant shall furnish a bond to in- sure his compliance with the provisions of this ordi- nance in the amount of $1,000 which shall be maintained in force and effect for the period of licensure. E. GENERAL REGULATIONS (1) A licensee shall have available sufficient personnel, supplies and machinery to accomplish grave opening ser- vices within a reasonable period of time. A reasonable period of time for the opening and closing of a grave shall be presumed to be six hours. No licensee shall proceed to open or close a grave without prior location of the site by the sexton or other person in charge of the cemetery. (2) A licensee shall be responsible for the opening and closing of any grave when requested, whether or not the cemetery lot is acccessible to machinery. This provi- sion contemplates that a licensee may have to open some graves by hand if weather or location of a cemetery lot so requires. A licensee is responsible for maintaining an open grave until interment and a closing is complete, including removal of water or support of the sides of a grave opening. A licensee shall replace any monuments removed for any reason in their original location and condition. (3) A licensee shall exercise reasonable care to avoid dam- age to roads, landscaping, plantings, monuments or other property belonging to the city, cemetery association or third parties as a result of the licensee's operation. (4) A licensee shall clean up, regrade and level all sites before leaving the site of a grave after closing. Ex- cess dirt removal will be the responsibility of a li- censee, who shall cooperate with the cemetery sexton in determining the location of disposal. Disposal of ex- cess dirt shall be accomplished immediately after clo- sure of a grave, unless weather conditions prevent same. The sexton may direct the disposition of excess dirt outside the cemetery. (5) A licensee shall insure that all graves are dug to a depth sufficient to insure compliance with any state law, regulation, or local requirements. 178.9 11/15/84 (6) The City Council may from time to time, upon examination of the rates and fees charged by licensees and their business records, establish a reasonable rate for the service to be provided by licensees, allowing for a rea- sonable rate of return on their investment. (7) A permit holder may perform related services in the city cemetery and any such services so offered and so per- formed shall be listed and described including the price to be charged for each, with said list and description to be attached to and become a part of the application for a license. A current listing of such services shall be on file with the City Secretary at all times, subject to the power of the Council to regulate rates as set forth herein. F. VIOLATIONS (1) A license granted hereunder may be temporarily suspended for three days by the City Secretary if a licensee has caused a material delay or interference with the inter- ment process or operation of a cemetery. (2) Upon the receipt of three or more complaints by the City Secretary, a licensee shall be notified of the proposed suspension of his license for a period from 90 days to 1 year, and shall be given a reasonable opportunity to be heard concerning the allegations of non - compliance here- with. (3) Appeal from any suspension hereunder made shall be in accordance with the provisions of this code pertaining to administrative appeals. (4) Any violation of the terms of this ordinance is a Class C misdemeanor offense, and is punishable upon convic- tion by a fine of not less than $1 or more than $200. (Ordinance No. 1388 of October 28, 1982) 178.10 11/15/84 SECTION 17: SEXUALLY ORIENTED COMMERCIAL ACTIVITIES A. DEFINITIONS The definitions, as used in these regulations, shall be taken as the meaning unless the context clearly indicates to the contrary or unless the Zoning Ordinance of the City of College Station indicates otherwise. (1) City Council - Means council of the City of College Station. (2) City - Means the City of College Station, Texas. (3) Church or place of religious worship - Means a building in which persons regularly assemble to worship, intended primarily for purposes connected with faith or for propagating a particular form of religious belief. (4) Chief of Police - The Chief of Police of the City of College Station, as appointed by the City of College Station City Council. (5) District C -1 - General Commercial - Means a district designed to provide a location for general commercial, retail uses which serve the entire community and its visitors. (6) Person - Means an individual, partnership, or corporation or other entity. (7) Regulations - Means the provisions of Sections I and II of this Ordinance. (8) School - Means a building where persons regularly assemble for the purpose of instruction or education, together with playgrounds, dormitories, stadia and other structures or grounds used in conjunction therewith and is limited to public and private schools used for primary, secondary or college education. 178.11 11/15/84 (9) Enterprise - Means a massage parlor, nude studio, nude dance studio, love parlor or any other similar sexually oriented commercial enterprise whose major business is the offering of a service which is in- tended to provide sexual stimulation or sexual gratification to the customer. (10) State - Means the State of Texas. B. EXCEPTIONS TO REGULATIONS These regulations do not apply to the following: (1) Any bookstore, movie theater or business licensed to sell alcoholic beverages. (2) Any business operated by or employing licensed psy- chologists, licensed physical therapists, licensed athletic trainers, licensed cosmetologists, or li- censed barbers performing functions authorized un- der the licenses held. (3) Any business operated by or employing licensed phy- sicians, licensed practical nurses, or licensed chiropractors engaged in practicing the healing arts. C. PERMIT REQUIRED (1) Any enterprise, as defined herein, that owns or op- erates within the City of College Station corporate limits shall first obtain a valid permit under the provisions of these regulations. (2) Permit shall only be issued for enterprises as de- fined herein that are located within Commercial District C -1 zones as defined herein. (3) No permit shall be issued for an enterprise located within one thousand feet from any church, school or other enterprise as defined herein. 178.12 11/15/84 (4) For the purposes of this subsection, measurements shall be made in a straight line without regard to intervening structures or objects from the nearest portion of the building or structure used by the enterprise to the nearest portion of the building, structure or facility as set forth in sub - section 3. D. DISPLAY OF PERMIT A permit issued under these regulations shall be displayed at all times in an open and conspicuous place on the premises of the enterprise for which it was issued. E. APPLICATION FOR A PERMIT Any person desiring a permit shall file a sworn written ap- plication with the Chief of Police, or his designate. The application shall set forth the following: (1) The name of the applicant and whether the applicant is an individual, general partnerhsip, limited partnership, corporation or other entity. (2) The name under which the enterprise is to be oper- ated and a general description of the service to be provided. (3) The address and legal description of the parcel of land on which the restricted establishment is to be located. (4) The name, resident address and telephone number of the manager or other individual to be principally in charge of the operation of the enterprise. (5) A written declaration that the information con- tained in the application is true and correct. (6) If the applicant is an individual, the application shall be signed and verified by the applicant. If the applicant is a partnership, the application shall be signed and verified by all of the partners thereof. If the applicant is a corporation or oth- er entity, the application shall be signed and ver- ified by the President and the Treasurer of such corporation or entity. 178.13 11/15/84 The application shall be accompanied by the following: (1) Payment of the permit fee. (2) A certified copy of the Assumed Name Certificate filed in compliance with the Assumed Business or Professional Name Act (Texas Revised Civil Stat- utes, Annotated Business and Commerce Code, Chap- ter 36), if the applicant is to operate the re- stricted establishment under the assumed name. (3) If the applicant is a Texas Corporation, a certi- fied copy of the Articles of Incorporation, togeth- er with all amendments thereto, shall be filed. (4) If the applicant is a foreign corporation, a certi- fied copy of the Certificate of Authority to Trans- act Business in the State, together with all amend- ments thereto, shall be filed. (5) A certified copy of the Certificate of Limited Partnership, together with all amendments thereto, filed in the Office of the Secretary of State under the Texas Limited Partnership Act, (Article 6132a of Texas Revised Civil Statutes), if the applicant is a limited partnership formed under the laws of the State of Texas. (6) A certified copy of the Certificate of Limited Partnership and the qualification documents, to- gether with all amendments thereto, filed in the Office of the Secretary of State under the Texas Limited Partnership Act, if the applicant is a foreign or limited partnership. (7) A complete list of persons employed by the enter- prise, including their age, date and place of birth, social security number, driver's license number and salary or wage rate. The list shall be updated monthly by a verified report to the Chief of Police, or his designate, listing all of the above information for any employees hired during the previous month. 178.14 11/15/84 F. INVESTIGATION, ISSUANCE OR DENIAL OF PERMIT Upon receiving an application for a permit, the Chief of Po- lice, or his designate, shall conduct an investigation for the purpose of determining whether or not such enterprise complies with the location requirements as set forth in these regulations. He shall thereafter notify each applicant of their eligibility for a permit within twenty days of receipt of the application. If the applicant complies with the pro- visions of these regulations, then the Chief of Police, or his designate, shall issue a permit. In the event that he finds that an applicant fails to comply with these regula- tions, then the applicant shall be so notified and be enti- tled to a hearing held pursuant to Paragraph I of this Sec- tion. G. PERMIT FEE To defray the cost of processing the permit application, the permit fee shall be One Hundred and No /100 ($100.00) Dollars. No portion of any fee collected under this section shall be returned after a permit has been issued or refused. A permit is not transferable, assignable, or divisible, and shall be valid only for the location for which it is issued. Each permit shall be effective when issued and shall be renewable annually upon filing an application as provided for herein. All permits are renewable December 1 of each year succeeding the year in which they are first issued. In the event that the Chief of Police, or his designate, de- termines that the applicant's building may be within one thousand (1,000) feet of a church, school or other enter- prise, as defined herein, then he shall notify the appli- cant of such a determination. The applicant shall have the option of requesting a survey to establish the exact dis- tance. The applicant shall be required to pay a fee of Two Hundred and No /100 ($200.00) Dollars for the survey. H. ENFORCEMENT The Chief of Police, or his designate, shall have the power to administer and enforce the provisions of these regulations upon presentation of proper identification to the owner, agent, or tenant in charge of any premises where an enter- prise is located. 178.15 11/15/84 The Chief of Police, or his designate, may enter for the pur- poses of inspection or investigation to insure compliance with the terms of these regulations, any building, structure or other premises where the enterprise is located. However, when the Chief of Police, or his designate, is denied permis- sion to inspect any premises, inspection shall be made only under the authority of a warrant issued by a Magistrate au- thorizing the inspection for violations of these regulations. In applying for such a warrant, the Chief of Police, or his designate, shall submit an affidavit to a Magistrate setting forth his belief that a violation of these regulations exists with respect to the premises sought to be inspected and the reasons for such belief. The affidavit shall designate the location of such premises and the name of the person believed to be the owner, operator, or occupant thereof. If the Mag- istrate finds that probable cause exists for a search of the premises, a warrant shall be issued authorizing the search of the premises, such warrant describing the premises with suf- ficient certainty to identify the same. Any warrant so is- sued shall constitute authority for the Chief of Police, or his designate, to enter upon or inspect the premises de- cribed therein. I. REVOCATION OF PERMIT, NOTICE, HEARING, and APPEAL The Chief of Police, or his designate, is hereby granted, and shall have the power to revoke any and all permits authorized by these regulations for violation of such regulations pro- vided, however, that the Chief of Police, or his designate, shall conduct a hearing prior to the revocation or denial of any permit authorized under these regulations. The person whose permit is under consideration shall be given at least ten calendar days written notice of the date of the hearing and shall be permitted to present relevant facts and legal argument regarding the pending revocation. Following such hearing, the Chief of Police, or his designate, shall consid- er the merits of the case and shall present a written opinion prior to any action. Any person wishing to appeal the deci- sion of the Chief of Police, or his designate, regarding the revocation of a permit may, within ten days after the date of the written opinion filed by the Chief of Police, or his des- ignate, appeal such decision to the City Council of the City of College Station by written notice to the City Secretary, setting out the basis of such appeal. The City Council shall hold a hearing on the permit revocation within ten days of the receipt of written notice of appeal provided, however, that the appealing party shall be required to comply with the decision of the Chief of Police, or his designate, during the pendency of the appeal. 178.16 11/15/85 J. AMORTIZATION OF NONCONFORMING USES Any use and conflict with the purposes or terms of this ordi- nance which is lawfully existing at the adoption of this or- dinance shall be entirely discontinued and shall thereafter cease operation within five years from the date any such use becomes nonconforming under this ordinance. If such noncon- forming use is discontinued, interrupted or changed, any fu- ture use of such land shall be in conformity with the provi- sions of this ordinance. All existing enterprises, even nonconforming uses under this ordinance, are required to be licensed and shall apply for a permit from the Chief of Police, or his designate, within sixty calendar days of the date of passage of this Section. All existing enterprises must be in compliance with the pro- visions of these regulations and secure a permit within nine- ty calendar days of the passage of this ordinance. The issuance of a yearly permit hereunder shall not affect the amortization of nonconforming uses as provided herein. K. UNLAWFUL ACTS (1) False or fraudulent statements - It shall be unlaw- ful for any person to knowingly make any false, fraudulent or untruthful statement, either written or oral, or in any way knowingly to conceal any ma- terial fact or to give or use any assumed name or ficticious name other than the one duly filed for record in compliance with the Assumed Business or Professional Name Act (Texas Business and Commerce Code Annotated, Chapter 36). (2) Use of another's permit unlawful - It shall be un- lawful for any individual, partnership, corporation or other entity to use a permit which has been is- sued to another individual, partnership, corpora- tion or other entity. (3) Unlawful to deface, alter, etc. a permit - It shall be unlawful for any person to counterfeit, forge, change, deface or alter a permit. 178.17 11/15/84 (4) Violation deemed a misdemeanor - Where authorized by law, the violation of any provision of these regulations will be considered a misdemeanor. (5) Authority to file suit - The City Attorney is here- by authorized to file suit in District Court to en- join the violation of any provision of these regu- lations. L. NOT TO LEGALIZE ANYTHING PROHIBITED BY STATE LAW OR CITY ORDINANCE These regulations do not legalize anything prohibited under the penal code or any other state law or city ordinance. Further, any violation of the Penal Code or other state law or city ordinance shall be deemed grounds for revocation of the permit issued. (Ordinance No. 1554 of September 27, 1984) 11/15/84 178.18 (The next page is 179) CHAPTER 5 ELECTRICAL CODE SECTION 1: GENERAL PROVISIONS A. NATIONAL ELECTRICAL CODE, 1984 EDITION, ADOPTED That the National Fire Protection Association Pamphlet No. 70 -1984, entitled National Electrical Code, 1984 Edition is hereby adopted, an authentic copy of which is filed with the City Secretary, as part of this chapter, shall govern and be observed and followed in all electrical wiring, and in the construction, installation, repair, alteration, operation, and maintenance of electrical wiring, apparatus, or fixtures, except insofar as it may conflict with the provisions of this chapter or any other ordinance now existing or hereafter adopted regulating electrical work in the City of College Station. All installations of electrical wiring, materials, and equipment shall be reasonably safe to persons and proper- ty and in conformity with this City of College Station Elec- trical Code Chapter, and all applicable ordinances, rules, and regulations issued by the authority thereof. (Ordinance No. 1520 of May 24, 1984) B. RESPONSIBILITIES AND LIABILITY This chapter shall not be construed to relieve from or lessen the responsibility of any party owning, operating, or con- trolling any electric wiring, apparatus, devices, appliances, fixtures, or equipment for damages to person or property caused by any defect therein, nor shall the city be held as- suming by this chapter any such liability of reason of the inspection authorized herein, or the certificates of approval issued as herein provided. 179 11/15/84 C. PENALTIES Any person, firm, corporation, or the agent of same, violat- ing any of the provisions of this chapter, shall upon convic- ' tion thereof, be fined not less than five dollars ($5.00) nor more than two hundred dollars ($200.00); and each day's fail- ure of compliance with any such provision shall constitute a separate violation. In case of willful and continuous viola- tion of the provisions of this chapter by any such person or his agent, the city council shall have the power to revoke and repeal all permits, licenses, and privileges granted to said person or agent. D. CONFLICTING PROVISIONS In any case where a provision of this chapter is found to be in conflict with a provision of any other ordinance or code of the City of College Station existing on the effective date of this chapter, the provision which establishes the higher standard for the promotion and protection of the health and safety of the people shall prevail. SECTION 2: LICENSING A. LICENSING AS MASTER ELECTRICIAN REQUIRED It shall be unlawful for any person to do electrical work within the City of College Station unless such person is li- censed under the provisions of this chapter by the City of College Station as a master electrician, or unless such elec- trical work is performed under the personal control, supervi- sion, direction, and responsibility of such a licensed master electrician. The term "electrical work" as used in this chapter shall mean the installing, maintaining, altering, repairing, or erecting of any electrical wiring, apparatus, devices, appliances, fixtures, or equipment for which a per- mit is required under the terms and provisions of this chap- ter, except poles and guy anchors installed by an electric telephone, telegraph, signal, or public service company as a part of its distribution system. 180 0 B. ELECTRICAL BOARD CREATED TO ADMINISTER LICENSING PROVISIONS There is hereby created an electrical board consisting of five (5) members. The five (5) members of the board shall be appointed by the city council. One (1) shall be a represen- tative of the city, selected from among the city employees of the electrical department. The other four (4) shall not be full time employees of the city, and one (1) shall be li- censed as a master electrician by the city. The board shall select its own chairman. The members of the board shall serve at the pleasure of the city council except any board member shall be replaced any time if he fails to meet the criteria for appointment or if his attendance at called meet- ings falls below seventy percent (70 %) for any twelve (12) month period or if he fails to attend three (3) consecutive meetings. The board shall review applicants for license, de- termine if their experience is such that they are qualified to take the examination, grade said examinations, and deter- mine by majority vote of the board that a license shall or shall not be issued. Said board shall determine, by majority vote of the board, as hereafter provided, when licenses shall be revoked for cause. If said board revokes a license for cause, the individual whose license is revoked shall cease all electrical work within the city unless or until said ac- tion of the board is altered by action of the city council or a court of law. C. QUALIFICATIONS FOR MASTER ELECTRICIAN LICENSE Anyone desiring to qualify for a master electrician's license shall proceed in the following manner: (1) Application for Examination; Fee Apply in writing to the secretary of the electrical board to take the qualifying examination. The applica- tion shall state the qualifications and experience of the applicant and shall be accompanied by an examination fee of fifty dollars ($50.00), which fee shall be re- fundable if the electrical board denies the applicant the opportunity to take the examination because his qualifications or experience are unacceptable. The min- imum required experience shall be four (4) years full time employment in electrical work under direct supervi- sion of a licensed master electrician. (Ordinance No. 1123 of August 24, 1978) 181 11/15/84 (2) Examination; Administration of Take the written examination prescribed by the electri- cal board which examination shall relate to their quali- fication to install, repair, alter, and maintain elec- trical appliances, wiring apparatus, devices, fixtures, or equipment for which a permit is required under the terms and conditions of this chapter and as to their qualifications to plan installations of electrical wir- ing and equipment, to plan changes, to interpret plans and specifications, and to supervise various types of electrical installations for which a permit is required. Prior to the use of an examination, the board shall de- vise an answer key to be used in grading, and shall de- termine and adopt a passing grade or score. Upon the taking of the test by any applicant, each board member in grading the exam shall complete a grading sheet show- ing "credit ", "partial credit" or "no credit" for any answer which cannot be determined to be "correct" or "incorrect" merely by an answer key. The board shall calculate a number grade for the total examination by averaging the individual grader's assigned scores. No- tification of pass or fail shall be mailed to the appli- cant within ten (10) days after the examination has been graded, and upon request an applicant shall be given their numerical grade and allowed to review the grader's work sheets in the presense of the custodian of public records or his delegate. Examinations will be scheduled during the first week of each month and an applicant may take the examination not earlier than two (2) weeks or later than eight (8) weeks after he /she is certified eligible to do so by the board. Failure of the appli- cant to appear for the examination after written notice he /she is eligible to do so or failure to satisfactorily pass the examination shall result in forfeiture of his/ her fifty dollars ($50.00) fee. (Ordinance No. 1506 of February 23, 1984) (3) Examination Records A complete record of the examination given, consisting of the questions, answers, grades, and final results shall be kept in the records of the electrical board for a period of not less than one (1) year. 182 11/15/84 (4) Issuance of License; Terms of Upon certification by majority of the members of the board present that applicant has passed the examination and is eligible for the license as a master electrician, he shall be issued said license by the secretary of the electrical board upon payment of a twenty -five dollar ($25.00) fee and filing a bond, in a form as issued by a company satisfactory to the city, in the amount of one thousand dollars ($1,000.00), conditioned upon compli- ance with the ordinances of the city regulating electri- cal work and faithful performance of all contracts. Said license shall be good for a period of one (1) year from date of issuance unless revoked by the electrical board for due cause. (5) License Renewals; Fee At least one (1) month prior to the expiration date of the license, licensee shall apply for renewal for the subsequent year. Unless said license is denied by the electrical board for due cause, the secretary of the electrical board is authorized to issue a renewal of the license upon payment of a renewal fee of twenty -five dollars ($25.00). (6) Ineligibility Anyone licensed under the provisions of this chapter or previous ordinances pertaining thereto who does not practice his profession within the City of College Sta- tion for two (2) consecutive years after the date he re- ceived his license or any subsequent renewal thereof, shall not be eligible for renewal of his license. He may, at any later date, requalify according to the pro- visions of this chapter. D. RECIPROCAL AGREEMENTS The City of College Station may negotiate reciprocal agree- ments with other municipalities wherein the license require- ments are deemed to be equal to those of this chapter. Under said reciprocal agreements, a license may be issued to anyone possessing a valid license in the municipality with which the reciprocal agreement exists without the applicant being re- quired to take the written and oral examinations provided for in subsection C above. Said applicant shall be required to fulfill all other requirements and pay all fees provided herein. 183 11/15/84 E. FORFEITURE OF ANY BONDS The amount realized upon the forfeiture of any bond over and above the expense involved in its forfeiture, shall be ex- pended in making the necessary changes in the electrical work found to be contrary to the provisions of this chapter or de- ficient in quality or other particulars as specified in the contract or contracts entered into and covered by the bond, and the unused balance, if any, shall be paid into the city treasury. SECTION 3: ELECTRICAL INSPECTOR A. OFFICE CREATED; APPOINTMENT; QUALIFICATIONS; BOND REQUIREMENTS The office of electrical inspector in and for the City of College Station, is hereby created and said office shall be filled by appointment by the city manager. Said electrical inspector shall hold office during good behavior and shall not be removed except for failure to properly perform his duties as prescribed in this chapter in accordance with the personnel regulations of the City of College Station. Said electrical inspector shall be a person well versed in the rules and requirements of the National Electrical Code. Before assuming authority conferred by this chapter, the electrical inspector shall take the oath usually administered to other city officials, and shall give bond to the City of College Station in the penal sum of one thousand dollars ($1,000.00) conditioned upon the faithful performance of his duties. B. ASSISTANTS The electrical inspector shall have the power to deputize one (1) or more assistants, and each one of said assistants shall in every case be known to be competent to discharge the duties of electrical inspector. The rights and privileges conferred upon the electrical inspector are hereby conferred upon each assistant to the electrical inspector when properly appointed. Unless specifically stated otherwise, all refer- ences in this chapter to the electrical inspector shall in- clude the electrical inspector or any of his assistants. 184 11/15/84 C. DUTIES It shall be the duty of the electrical inspector to enforce the provisions of this chapter or any ordinance now in force which may hereafter be adopted concerning electrical work in the City of College Station. The electrical inspector shall have the right to make routine inspections of any electrical installations from 8:00 a.m. to 5:00 p.m., Saturdays, Sun- days, and holidays excepted, or at such other times as he shall have cause to believe that an imminent hazard to life or property exists to enter any premises in the discharge of his official duties or for the purpose of making any inspec- tion, reinspection, or test of the installation of electric wiring, apparatus, devices, appliances, fixtures, and elec- trical equipment contained therein. The electrical inspector shall have the authority to disconnect and to order the dis- continuance of electrical service to any electric wiring, apparatus, device, appliance, fixture, or equipment found to be installed, repaired, altered, operated, or maintained in violation of the provisions of this chapter or any other City of College Station ordinance regulating electrical work as defined herein, until such wiring, apparatus, device, appli- ance, fixture, or equipment and its installation has been made to comply with all such electrical chapter require- ments. The electrical inspector shall have the power to file complaints on behalf of the city with the appropriate law en- forcement agency for violations of any of the provisions of this chapter and to compel the suspension of any electrical work being done that is in conflict with the provisions of this chapter. D. UNLAWFUL TO INTERFERE WITH ELECTRICAL INSPECTOR No corporation, partnership, association, or individual or agent thereof, shall interfere with the electrical inspector while in the performance of his duty, and each such interfer- ence shall be deemed to constitute a separate offense within the intent and meaning of this chapter. E. ELECTRICAL INSPECTOR TO MAINTAIN RECORDS The electrical inspector shall cause to be kept a full and complete record of all work done, permits issued, examina- tions made, or other official work performed as required by this chapter. 185 11/15/84 SECTION 4: ELECTRICAL INSPECTIONS AND PERMITS A. WHEN INSPECTION SHOWS VARIANCE WITH CHAPTER The electrical inspector may, as he deems necessary, make an inspection of all electrical wiring, apparatus, devices, appliances, fixtures, and equipment now installed or that may hereafter be installed within the city and within the scope of this chapter. When the installations of such wiring, apparatus, devices, appliances, fixtures, and equipment is found to be at variance with the original permit issued, or to be in violation of the requirements of this chapter, or to be in a dangerous or unsafe condi- tion, or it is found that the electrical measuring device has been tampered with so as to create a condition danger- ous to the continuity of the electrical service, or to life or property, the person owning, using, or operating the same shall be notified in writing, shall make the necessary repairs or changes required to place such wiring, apparatus, devices, fixtures, and equipment in full com- pliance with electrical chapter requirements and in safe condition so as to entirely relieve the hazards created by such unauthorized conditions, and shall have such work completed within a reasonable time to be specified by the electrical inspector in said notice. The amount of time allowed shall be based upon the time necessary to relieve the unauthorized conditions. B. WHEN PERMIT REQUIRED; EXCEPTIONS No wiring, poles, duct line, guy anchors, apparatus, devices, appliances, fixtures, or equipment for the transmission, distribution, or utilization of electrical energy for any purpose shall be installed within the city limits, nor shall any alteration or addition be made to any such existing wiring, poles, duct lines, guy anchors, apparatus, devices, fixtures, or equipment without first securing a permit therefor from the electrical inspector, except as stated in the following paragraphs. (1) Replacing Fuses No permit shall be required for replacing fuses of like rating or lamps or the connection of portable appliances to suitable receptacles which have been permanently installed or for repairs to portable appliances. 186 (2) Replacing Flush or Snap Switches No permit shall be required for replacing flush or snap switches, receptacles, lamp sockets, the in- stallation of lamps, or minor repairs on permanently connected electrical appliances. (3) Conveying Signals No permit shall be required for the installation, maintenance, or alteration of wiring, poles and down guys, apparatus, devices, appliances, or equipment for telegraph, telephone, signal service, or central station protective service used in conveying signals or intelligence, except where electrical work is done on the primary side of the source of power at a voltage over 50 volts and of more than 500 watts. (4) Wiring by Electric Public Service Company No permit shall be required for the installation, maintenance, or alteration of electric wiring, appara- tus, devices, appliances, or equipment to be installed by an electric public service company for the use of such company in the generation, transmission, distri- bution, sale, or utilization of electrical energy. However, an electric public service company shall not do any wiring on a customer's premises other than wiring which is a part of the company's distribution system, including metering equipment wherever located and transformer vaults in which company's transformers are located, nor shall any of its employees do any work other than done for said company as hereinbefore provided for by virtue of this exception. (5) Temporary Wiring No permit shall be required for the installation of temporary wiring, apparatus, devices, appliances, or equipment used by a recognized electrical training school or college. (6) Railway Crossing Signal Devices No permit shall be required for the installation and maintenance of railway crossing signal devices, when such is performed by due authority of the railroad and in accordance with the standards of the American Railroad Association, and in collaboration with and approval of the department of public works of the City of College Station. 187 C. PERMITS; TERMS OF ISSUANCE (1) Unlawful to Change Original Installation without Permit It shall be unlawful for any person to bridge, tamper with, or change from its original installation, except upon the approval of the electrical inspector, and then only after a proper permit for alteration has been issued, any fuse of the plug, cartridge type or link type, or a circuit breaker installed in panel boards, main switches or switchboards, so that it will not function properly. (2) Home Owner Permits No permit, other than a home owner's permit, shall be issued to any person who is not the holder of the proper electrician's license. The electrical inspector may issue a home owner's permit to a person who is both the owner and occupant of the single - family dwelling in which the work is to be done when the applicant agrees to do all of the permitted work personally, and when the applicant shows, to the satisfaction of the electrical inspector, that he is qualified to execute the proposed work. (3) Where no Permit Required Where no permit is required for the installation or repair of wiring, apparatus, devices, or equipment for the transmission, distribution, or utilization of electric energy for any purpose, the wiring, appara- tus, devices, or equipment shall be installed or repaired in conformity with the provisions of this chapter. (4) Permit Application The application for a permit shall describe the work to be done and shall be made in writing by a person holding the proper electrician's license or his authorized agent. The permit when issued shall be issued to such applicant to cover such work as described and detailed. Any changes or additions must be covered by additional permits at the time changes are made. The application shall be accompanied by such plans, specifications, and schedules as may be necessary to determine whether or not the installation as described will be in conformity with the requirements of this chapter. 188 (5) Holder of Proper License to Submit Plans No plans, specifications, and schedules shall be submitted and no plans, specifications, and schedules will be examined under the provisions of this chapter unless the same are submitted by the holder of the proper electrician's license or his authorized agent. If it is found that the installation as described will in general conform to the requirements of this section, and if the applicant has complied with all provisions of this chapter, and all applicable ordinances of the city, a permit for such installation shall be issued; provided, however, that the issuance of a permit will not be taken as permission or as a license to violate any of the requirements of this chapter or any other ordinance of the city pertaining thereto. (6) Permits to be Displayed On all new construction, the permit for electrical work shall be displayed in a readily accessible loca- tion, as directed by the electrical inspector, through- out the time such installation, as is covered by the permit, is being installed. (7) Additions to Previous Installations On all installations where wiring, apparatus, devices, appliances, fixtures, or equipment are added to previous installations, or where changes are made on wiring, apparatus, devices, appliances, fixtures, or equipment on previously completed and accepted installa- tions, the permit for such installations or changes shall be delivered to the one person for whom the installation is to be made or posted on the building or structure as directed by the electrical inspector before the installation or change is started. On small installations, a notice of a job may be telephoned to the inspection department in lieu of the above require- ment, prior to the start, and the permit may be secured within twenty -four (24) hours without penalty. The electrical inspector may issue and enforce any rules or regulations he may deem necessary covering the granting of emergency permits, where real emergencies exist. 189 D. PROCEDURES TO OBTAIN PERMITS (1) Application Forms To obtain an electrical permit the applicant shall first file an application therefor in writing on a form furnished for that purpose. Every such appli- cation shall: (a) Identify and describe the work to be covered by the permit for which application is made. (b) Describe the land on which the proposed work is to be done by street address, or similar descrip- tion that will readily identify and definitely locate the proposed building or work. (c) Show the use or occupancy of the building. (d) Be accompanied by plans and specifications as required below. (e) Be signed by the permittee, or his authorized agent, who may be required to submit evidence to indicate such authority. (2) Plans and Specifications to be Submitted With each application for an electrical permit, two (2) sets of plans and specifications shall be sub- mitted, unless waived by the director of public works or his representative. Where the nature and scope of the work requires, in the judgment of the electrical inspector, such plans and specifications shall be prepared and designed by and bear the seal of a registered professional electrical engineer licensed by the State of Texas to practice as such. (3) Electrical Inspector to Review Plans and Issue Permits (a) The application, plans, and specifications filed by an applicant for an electrical permit shall be checked by the chief electrical inspector. Such plans may be reviewed by other departments of the city to check compliance with laws and ordinances under their jurisdiction. If the electrical inspector is satisfied that the work described in an application for permit and the 190 • plans filed therewith conform to the requirements of this chapter and other pertinent laws and ordinances, and that the fees as specified in subsection E below have been paid, he shall issue a permit therefor to the applicant. When the electrical inspector issues the permit, he shall endorse in writing or stamp on both sets of plans and specifications, "APPROVED ". (b) The electrical inspector may issue an electrical permit covering part of a building or structure before the entire plans and specifications for the whole building or structure have been submitted or approved; provided adequate information and detailed statements have been made complying with all pertinent requirements of this chapter. The holder of such permit may proceed without assurance that the permit covering the work in the entire building or structure will be granted. (4) Issuance of Permit not to be Construed as a Permit for any Violation of Chapter The issuing or granting of a permit or approval of plans and specifications shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this chapter. No permit presuming to give authority to violate or cancel the provisions of this chapter shall be valid, except insofar as the work or use which it authorizes is lawful. The issuance of a permit based upon plans and specifications shall not prevent the electrical inspector from there- after requiring the correction of errors in said plans and specifications or from preventing building opera- tions from being carried on thereunder when in viola- tion of any provision of this chapter or any other ordinance of the city pertaining thereto. (5) Expirations Every permit issued by the electrical inspector under the provisions of this chapter shall expire by limita- tions and become null and void, if the building or work authorized by such permit is not commenced within sixty (60) days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one hundred twenty (120) days. Before such work can be recommenced, a new permit shall be first obtained to do so, and the fee 191 shall be one -half (1) the amount required for a new permit for such work; provided that such suspension or abandonment has not exceeded one (1) year. (6) Suspensions and Revocations (a) The electrical inspector may, in writing, suspend or revoke a permit issued under the provisions of this chapter whenever the permit is issued in error or on the basis of incorrect information supplied or when in violation of any ordinance, regulation, or any of the provisions of this chapter. (b) A permit may be cancelled upon notification by the owner of the property that the contractor is no longer employed to do work on said property after written notification by the electrical inspector and a hearing by the electrical examining board. (c) Any contractor who accepts payment for electri- cal work, then refuses to finish the work for which a permit was taken may, after written notification by the electrical inspector and hearing by the electrical examining board, have his license suspended until such work is com- pleted to meet the requirements of this chapter. (d) Failure on the part of any licensed master electrician to correct any defect, error, or deficiency in any work installed under the authority of an electrical permit issued to him within ten (10) calendar days after written notification thereof from the electrical in- spector, the electrical inspector shall, without further notice, stop the issuance of permits to such licensed master electrician until such corrections have been made, inspected, and approved. This provision shall be cumulative of all other penalties provided herein. (Ordinance No. 1123 of August 24, 1978) E. ELECTRICAL INSPECTION FEES Before a city permit for electrical work will be issued to the applicant, inspection fees in an amount determined by the College Station City Council, shall be paid to the city. A copy of the most recently adopted electrical inspection fees shall be maintained on file in the office 192 of the city secretary. (Provision for inclusion of chapter 5, section 4, subsection E above provided for in ordinance adopting this Code of Ordinances.) EDITOR'S NOTE: Until superseded by the College Station City Council, the most recent electrical inspection fees are con- tained in section 14 of Ordinance No. 1123, adopted on August 24, 1978. F. NOTIFICATIONS AND FINAL APPROVALS (1) Electrician to Notify Electrical Inspector When any part of a wire installation is to be hidden from view by the permanent placement of parts of a building, the licensed electrician to whom the permit has been issued shall notify the electrical inspector; provided that on such installation the concealment of parts of wiring must, at the discretion of the electrical inspector or his assistant, necessarily proceed continuously. The licensed electrician to whom the permit has been issued shall give the electrical inspector due notice and inspection shall be made periodically during the progress of the work, and where, at the discretion of the electrical in- spector or his assistant, it is necessary, he shall post notice on the premises stating that work is approved and may be covered, or it is not approved and may not be covered, until such further inspection as is necessary has been made. Any person removing, destroying, altering, or defacing said notice without the consent of the electrical inspector shall be deemed guilty of an offense under this chapter, and any work described in said notice shall be stayed pending the further necessary inspection. Upon completion of the work which has been authorized by the issuance of a permit, it shall be the duty of the licensed electrician to whom the permit has been issued to immediately notify the electrical inspector, who shall inspect or cause to be inspected, such installation within thirty - six (36) hours, exclusive of Saturdays, Sundays, and holidays, of the time such notice is given. (2) Final Certificates of Approval If the work is found to be in compliance with the provisions of this chapter, the electrical inspector, 193 subject to the other applicable provisions of this chapter, shall issue a final certificate of approval to the public utility company furnishing the electrical service or to the person supplying the energy, which certificate shall authorize connection of such approved work to the source of energy of the electrical service, the turning on of the current, and the use of the installation. No connection shall be made until such authorization and final certificate is issued. (Ordinance No. 1123 of August 24, 1978) 194 CHAPTER 6 FIRE PROTECTION SECTION 1: FIRE PREVENTION CODE A. STANDARD FIRE PREVENTION CODE ADOPTED (1) The Standard Fire Prevention Code, specifically the 1985 Edition, by the Southern Building Code Congress, with local amendments, a copy of which is on file in the office of the City Secretary of the City of College Station, Texas, is hereby adopted and designated as the fire prevention code of the City of College Station. Said code is adopted to the same extent as though such code were copied at length herein, subject however to the omissions, additions, supplements, and amendments contained in this section. (2) The Life Safety Code Handbook specifically the 1978 Edi- tion published by the National Fire Prevention Associa- tion, a copy of which is on file in the office of the City Secretary of the City of College Station, Texas, is hereby adopted and designated as the life safety code of the City of College Station. Said code is adopted to the same extent as though such code were copied at length herein. B. AMENDMENTS IN THE FIRE PREVENTION CODE The Standard Fire Prevention Code, as referred to above is hereby amended as follows: (1) To Chapter 6, Section 602.3 -Fire Barrier, add the following sentence: The fire official or his representative is hereby authorized to establish fire lines during any fire or emergency and to exlude all persons other than those authorized to assist in extinguishing or investigating the fire or emergency from entering within this boundary. 195 04/30/86 (2) To Chapter 6, Section 602.6- Access to Buildings by Fire Apparatus, the following amendments are made: (a) 602.6.1 shall be changed to read as follows: 602.6.1 No building of any type construction for occupancy shall be constructed in such a manner that any part of the structure is more than one hundred fifty feet (150') from a public street, alleyway or highway, provided, however, that such structure may be erected at a greater distance if the owner or developer designates, constructs and maintains a fire lane having a minimum width of twenty feet (20') and minimum height clearance of fourteen feet (14'), terminating within one hundred fifty feet (150') of the furtherest point of such structures; providing further, however, that no fire lane shall be required for any single family or duplex dwelling. (3) Additional specifications, relating to "FIRE LANES ", shall be included, as follows: 602.6.6 When Required (a) No building of any type construction for occupancy shall be constructed in such a manner that any part of the structure is more than one one hundred fifty feet (150') from a public street or highway; ero- ded, however, that such structure may be erected at a greater distance if the owner designates, con- structs, and maintains a fire lane or access ease- ment having a minimum width of twenty feet (20') and a minimum height clearance of fourteen feet (14') terminating within one hundred fifty feet (150') of the furtherest point of such struc- ture; providing further, however, that no fire lane shall be required for any single family or duplex dwelling. (b) The Fire Marshall is hereby authorized to establish fire lanes during any fire, and to exclude all persons other than those authorized to assist in extinguishing the fire or the owner or occupants of the burning property from within such lanes. 602.6.7 Specifications (a) Any fire lane more than one hundred feet (100') in length shall either connect at each end to a ded- icated street or be provided with a turnaround having a minimum radius of eighty feet (80') when measured from curb to curb. All fire lanes shall 196 04/30/86 be maintained and kept in a state of good repair at all times by the owner, manager, or person in charge of the premises, and the City of College Station shall never be responsible for the maintenance thereof. (b) The fire official or his authorized representative is hereby authorized to designate adequate fire lanes and /or turnarounds to any building when deemed necessary for fire department access in the event of fire in such building. 602.6.8. Fire Lane Markings (a) The owner, manager, or person in charge of any building or property to which firelanes have been approved by the Fire Official or his authorized representative shall mark and main- tain all curbs designated as fire lanes in the following manner, and stating: curb shall be painted yellow with black lettering stating NO PARKING - FIRE LANE - TOW AWAY ZONE. Such let- tering shall be a minimum of four inches (4 ") in height. From the point, the fire lane begins to the point the fire lane ends, including behind all parking spaces which adjoin a fire lane, shall be marked with one continuous 8" yellow stripe painted on the drive surface behind the park- ing spaces. All curbing adjoining a fire lane must be painted yellow. Yellow stripes and curbs will contain the wording "NO PARKING FIRE LANE TOW AWAY ZONE ", painted in 4" black letters. ( "Figure A" in Ordinance No. 1630 illustrates striping on drive surface behind parking spaces). (b) In some cases where curb markings are not possible or where signs would in the Fire Official's opinion work more effectively, he can require them in lieu of curb markings. 602.6.9. Fire Lane Signs; Tow -Away Zone Signs The owner, manager, or person in charge of any building to which fire lanes have been approved by the fire official or his authorized representa- tive shall post and maintain appropriate signs in conspiculous places along such fire lanes stating 197 04/30/86 "No Parking - Fire Lane ". Such signs shall be twelve inches (12 ") wide and eighteen inches (18 ") high, with a companion sign twelve inches (12 ") wide and six inches (6 ") high stating "Tow -Away Zone". Any "No Parking - Fire Lane" or "Tow -Away Zone" sign shall be painted on a white back- ground with symbols, letters and border in red. Drawing and samples of such signs may be obtained from the fire department of the City of College Station. Standards for mounting, including but not limited to, the height above the grade at which such signs are to be mount- ed, shall be as adopted by the fire official of College Station. 602.6.10 Destruction of Fire Lane or Tow -Away Signs It is hereby unlawful for any person, without lawful authority to attempt or in fact alter, destroy, deface, injure, knock down, or remove any sign designated a fire lane or tow -away zone erected under the terms of this code, or to deface a curb marking in any way. 602.6.11 Abandonment or Closing No owner, manager, or person in charge of any premises served by a required fire lane shall abandon or close such fire lane without writ- ten permission of the fire official of the City of College Station. 602.6.12. Parking in Fire Lanes Prohibited No person shall park, place, allow, permit, or cause to be parked, placed, or remain unat- tended, any motor vehicle, trailer, boat, or similar obstruction within or upon an area designated as a fire lane and marked by an appropriate sign or curb marking. Any motor vehicle, trailer, boat, or similar obstruction found parked or unoccupied within an area designated as a fire lane as required by this section is hereby declared a nuisance per se and any such motor vehicle, trailer, boat, or similar obstruction parked or unoccupied in such a manner 198 04/30/86 as to obstruct in whole or in part any such fire lane shall be prima facie evidence that the registered owner unlawfully parked, placed, or permitted to be parked or placed such obstruction within a fire lane. The records of the State Highway Department or the County Highway License Department showing the name of the person to whom the Texas high- way license or boat or trailer license is is- sued shall constitute prima facie evidence of ownership by the named persons. 602.6.13 Modifications The fire official of the fire department shall have power to modify any of the provisions of the code hereby adopted upon application in writing by the owner or lessee, or his duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the code; provided that the spirit of the code shall be observed, public safety secured, and substantial justice done. The particulars of such modifications when granted or allowed and the decision of the fire official of the fire department thereon shall be entered upon the records of the de- partment and a signed copy shall be furnished the applicant. 602.6.14 Enforcement; Issuance of Citations; Impoundment of Obstructions The fire official or any member of the fire department designated by the fire official, the chief of police, or any member of the po- lice department designated by the chief of police are hereby authorized to issue parking citations for any motor vehicle, trailer, boat, or similar obstruction found parked or unattended in or upon a designated fire lane and may have such obsctruction removed by towing it away. Such vehicle or obstruction may be redeemed by payment of the towage and storage charges at the owner's expense. No parking citations shall be voided nor shall the violat be relieved of any penalty asses- sed by a judge of the Municipal Court for any pro- vision by the redemption of the obstruction from the storage facility. 199 04/30/86 602.6.15 Submission of Plot Plans; Duties of Contractors Prior to the issuance of a building permit, two (2) plot plans with designated fire lanes shall be submitted to the building inspection department for review by the fire official of the City of College Station. The fire offi- cial then will approve or disapprove the des- ignated fire lanes and indicate the needed signs and pavement markings. One (1) of these plans shall be retained by the City of College Station and the other returned to the owner for his use. The contractor or person in charge of any con- struction site for commercial, industrial, mercantile, education, institutional, assem- bly, hotel, motel, multifamily dwelling, or mobile home park occupancies shall provide and maintain during construction an approved all - weather fire lane, not less than twenty feet (20') in width, as shown on approved plot plans. Final paving of such fire lane shall be completed prior to issuance of any certif- icate of occupancy. 602.6.16 Penalties Any person who shall violate any of the provi- sions of the Code hereby adopted or fail to comply herewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications of plans submitted and approved thereunder, or any certificate of permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the City of College Station, shall severally for each and every violation and noncompliance respectively, be guilty of a misdemeanor. Any violation of this ordinance is punishable by a fine not to exceed $1,000 as provided for by Article 4.14 of the Texas Code of Criminal Procedure, as amended. In the event that a fine not to exceed $1,000 is greater than the intended jurisdictional limit, then the fine imposed shall not exceed $200.00. The imposition of one (1) penalty for any violation shall not excuse the violation or permit it to correct or 200 04/30/86 remedy such violations or defects within a reason- able time; and when not otherwise specified, each ten (10) days that prohibited conditions are maintained shall constitute a separate offense. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. (4) To Chapter 6, Section 603.15 - Automatic Sprinkler Systems, the folloiwng amendments are made: (a) 602.15.5 shall be changed to read as follows: 602.15.5 In all structures protected by an automatic sprinkler system, either as a requirement or as an option, an electronic water flow alarm shall be provided as a means of supervising the system. The waterflow shall connect directly to the local Fire Department alarm panels. Only the type alarms specified by the Fire Official shall be excepted; any changes which must be made to update the system shall be at the owners expense. All alarm systems shall be tested and approved by the Fire Official to insure proper operation before the system will be considered complete. (b) A new section 603.15.8 shall be included, as follows: 602.15.8 At no time shall a structure shut off their sprinkler system or the water flow alarms to the fire station. This includes a business going out of business. The owner of said structure shall be responsible to assure that the water is not shut off to the sprinkler system and the phone company does not shut off the water flow alarm. (5) To Chapter 6, Section 603.16 - Fire Department Connection, the following amendment shall be made: (a) A new section 603.16.3 shall be included, as follows: At no time shall anyone place or park any motor vehicle, trailer, boat, fence, growth, trash or other material or similar obstruction to within 201 04/30/86 other material or similar obstruction to within five (5) feet or prevent the system connections from being immediately discernible or prevent the Fire Department's use of any sprinkler system or standpipe system. All such connections shall be clearly marked by the owner with a sign placed above the connection stating NO PARKING TOW AWAY ZONE FIRE DEPT. CONNECTION. Such sign shall be at least 12 inches by 12 inches with lettering of at least 2 inches, sign shall be white with red lettering. (6) To Chapter 8, Section 802.2 - Overcrowding, the following amendment shall be made: (a) 802.2 - Overcrowding shall be changed to read as follows: 802.2 - Overcrowding. When the Fire Official determines that any building or other structure which is overcrowded is in violation of the posted capacity, constitutes an immediate danger to health or welfare of the occupants or the public in general, he shall temporarily order such establishment closed, and may obtain the assistance of other law enforcement agencies to enforce his order. The temporary closure of such a building or structure shall be limited to a period of time sufficient to evacuate the building and count the total number of occupants therein, and to reduce the actual number of occupants to constitute compliance with the Building Code and Fire Code. (7) To Chapter 9, Section 910.11 - Filling and Dis- charging Tank Vehicles, the following amendment shall be made: (a) A new section 910.11.10 shall be included, as follows: 910.11.10 At no time while discharging flammable liquids shall the driver or operator be out of sight and reach of the discharge valves. If at any time while discharging flammable liquids, the driver or operator must leave the vehicle for any reason, he or she shall shut down all valves until his or her return and shall be totally responsible for any and all spillage. 201.1 04/30/86 (8) To Chapter 20 - Fireworks, the following amendments are made: (a) A new section 2002.3 - Restricted Use shall be included, as follows: 2002.3 The presence of any fireworks as defined in Chapter 2 Section 202 of this Code within the jurisdiction of the City of College Station is hereby declared to be a common and public nuisance. (b) Section 2005.1 - Removal (under 2005 - Seizure of Fireworks) shall be amended to read as follows: 2005.1 - Removal. The Fire Official is directed and required to seize and cause to be safely destroyed any fireworks found in violation of this article. (c) A new section 2005.3 - Transportation shall be included as follows: 2005.3 - Transportation. Any member of the Fire Marshal's Office or other law enforcement officer is empowered to stop the transporta- tion of any firework and detain any person found transporting illegally, or to close any building where any fireworks are found stored illegally, until the Fire Official can be notified in order that such fireworks can be seized and destroyed in accordance with the terms of this Chapter. Not withstanding any penal provisions of this article, the City Attorney is authorized to file suit on behalf of the City or the Fire Official, or both for such injunctive relief as may be necessary to prevent unlawful storage, transportation, keeping or use of fireworks within the jurisdiction of the City and to aid the Fire Official in the discharge of his duties and to particularly prevent any person from interferring with the seizure and destruction of such fireworks, but it shall not be necessary to obtain any such injunctive relief as a prerequisite to such seizure and destruction. (Ordinance No. 1630 of January 9, 1986) 201.2 04/30/86 (The next page is 202) SECTION 2: FIRE LIMITS A. AREA LIMITS DESCRIBED The fire limits referenced in any code or ordinance adopted by the City of College Station shall be construed to be the following described area: (1) (a) Beginning at the south corner of Farm Highway No. 60 and Old Highway No. 6, Block 8, Boyett Addition; Thence northeast along center of Farm Highway No. 60 through Blocks 8, 1, and 2 to east corner of Tauber Street and Farm Highway No. 60; Thence northwest approximately one hundred eighty -nine feet (189'); Thence southwest to east corner of Block 1, Lot 21, to corner of Main and Patricia Streets; Thence northwest approximately fifty feet (50'); Thence southwest approximately one hundred ninety feet (190') which includes Lots 21 to 26 inclusive, also in Block 1, Boyett Addition; Thence northwest approximately one hundred fifty feet (150') to the Church Avenue; Thence southwest approximately fifty -two feet (52') to Patricia Street which includes Lots 18 to 27 and 28, Block 1, Boyett Addition; Thence southwest on Patricia Street to Old High- way No. 6; Thence southeast approximately two hundred feet (200') along center of Old Highway No. 6 to the place of beginning. (Ordinance No. 77, Section I, of March 16, 1944, as amended by Ordinance Nos. 238 and 241 of November 26, 1956 and January 28, 1957, respectively.) (b) Save and except the area described as follows: Beginning at the intersection of the northwest right -of -way line of University Drive and the northeast right -of -way line of Boyett Street; 202 Thence northwest along the northeast right -of -way line of Boyett Street to the southeast right -of- way line of Patricia Street; Thence northeast along the southeast right -of -way line of Patricia Street approximately two hundred thirty -five feet (235'); Thence southeast through Lot. No. 11, Block No. 1, Boyett Addition, twenty -five feet (25') from and parallel to the line between Lot No. 11 and Lot No. 12 to the northwest right -of -way line of University Drive; Thence southwest along the northwest right -of -way line of University Drive to the place of beginning and being all of Lot No. 13, all of Lot No. 12, and the southwest twenty -five feet (25') of Lot No. 11, Block No. 1, Boyett Addition. (Ordinance No. 1154 of April 19, 1979) (2) Beginning at the corner of Jersey Street and Montclair Street, Block 8, West Park Addition; Thence southwest along centerline to Highlands Street, which includes Lots 1 to 13 inclusive; Thence southeast along centerline of Highlands Street, one hundred feet (100') to alley; Thence northeast to east corner of Lot No. 1, Block No. 8, Montclair Avenue; Thence northwest one hundred feet (100') to place of beginning. (Ordinance No. 77, Section I, of March 16, 1944, as amended by Ordinance Nos. 238 and 241 of November 26, 1956 and January 28, 1957, respectively.) 203 SECTION 3: FIRE MARSHAL A. OFFICE CREATED; APPOINTMENT; TERM The office of fire marshal is hereby created. The position shall be filled by appointment of the city manager with the approval of the mayor and -city council. Said fire marshal shall serve an indefinite term of office consistent with other appointive positions. (Ordinance No. 7 of April 12, 1939) EDITOR'S NOTE: The provisions of the above ordinance have been updated to be consistent with the city's personnel policies and charter. B. FIRE MARSHAL TO INVESTIGATE ALL FIRES The fire marshal shall investigate the cause, origin, and circumstances of every fire occurring within this city by which property has been destroyed or damaged, and shall especially make investigation as to whether such fire was the result of carelessness or design. Such investigation shall be begun within twenty -four (24) hours, not including Sunday, of the occurrence of such fire. The fire marshal shall keep in his office a record of all fires, together with all facts, statistics, and circumstances, including the origin of the fires and the amount of the loss, which may be determined by the investigation required by this section. C. FIRE MARSHAL TO TAKE TESTIMONY AND FURNISH EVIDENCE The fire marshal, when in his opinion further investigation is necessary, shall take or cause to be taken the testimony, on oath, of all persons supposed to be cognizant of any facts or to have means of knowledge in relation to the matter under investigation, and shall cause the same to be reduced to writing; and if he shall be of the opinion that there is evidence sufficient to charge any person with the crime of arson, or with the attempt to commit the crime of arson, or of conspiracy to defraud, or criminal conduct in connection with such fire, he shall cause such person to be lawfully arrested and charged with such offense or either of them, and shall furnish to the proper 204 prosecuting attorney all such evidence, together with the names of witnesses and all of the information obtained by him, including a copy of all pertinent and material testi- mony taken in the case. D. FIRE MARSHAL TO SUMMON WITNESSES The fire marshal shall have the power to summon witnesses before him to testify in relation to any matter which is by the provisions of this section a subject of inquiry and investigation, and may require the production of any book, paper, or document deemed pertinent thereto. The said fire marshal is hereby authorized and empowered to administer oaths and affirm to any persons appearing as witnesses before him. E. UNLAWFUL TO DISOBEY ANY LAWFUL ORDER OF FIRE MARSHAL Any witness who refuses to be sworn, or who refuses to appear or testify, or who disobeys any lawful order of said fire marshal, or who fails or refuses to produce any book, paper, or document touching any matter under examination, or who is guilty of any contemptuous conduct during any of the proceedings of the fire marshal in the matter of said investigation or inquiry, after being summoned to give testimony in relation to any matter under investigation as aforesaid, shall be deemed guilty of a misdemeanor; and it shall be the duty of the fire marshal to cause all such offenders to be prosecuted. Provided, however, that any person so convicted shall have the right of appeal. F. INVESTIGATIONS BY FIRE MARSHAL MAY BE PRIVATE All investigations held by or under the direction of the fire marshal may, in his discretion, be private, and persons other than those required to be present may be excluded from the place where such investigation is held, and witnesses may be kept separate and apart from each other and not allowed to communicate with each other until they have been examined. 205 G. FIRE MARSHAL MAY ENTER BUILDINGS WHERE FIRE HAS OCCURRED The fire marshal shall have the authority at all times of day or night, when necessary, in the performance of the duties imposed upon him by the provisions of this section, to enter upon and examine any building or premises where any fire has occurred, and other buildings and premises adjoining or near the same, which authority shall be exercised only with reason and good discretion. H. FIRE MARSHAL TO MAKE PERIODIC INSPECTIONS AND REPORTS; AGGRIEVED PERSONS MAY APPEAL The fire marshal, upon complaint of any person having an interest in any building or property adjacent and without any complaint, shall have a right at all reasonable hours, for the purpose of examination, to enter into and upon all buildings and premises within the city, and it shall be his duty, monthly or more often, to enter upon and make or cause to be entered and made, a thorough examination of all mercantile, manufacturing, and public buildings, together with the premises belonging thereto. Whenever he shall find any building or other structure which, for want of repair, or by reason of age, or dilapidated condi- tion, or for any cause, is especially liable to fire, and which is so situated as to endanger other buildings or property, or so occupied that fire would endanger persons or property therein, and whenever he shall find an improper or dangerous arrangement of stoves, ranges, furnaces, or other heating appliances of any kind whatsoever, including chimneys, flues, and pipes with which the same may be connected, or a dangerous arrangement of lighting devices or systems, or a dangerous or unlawful storage of explosives, compounds, petroleum, gasoline, kerosene, dangerous chemicals, vegetable products, ashes, combustibles, inflammable, and refuse materials, or other conditions which may be dangerous in character or liable to cause or promote fire or create conditions dangerous to the fire- men or occupants, he shall order the same to be removed or remedied, and such order shall be forthwith complied with by the owner or occupant of said building or premises. Provided, however, that if said owner or occupant deems himself aggrieved by such order, he may, within five (5) days, appeal to the city manager, who shall investigate the cause of the complaint and unless by his authority the order is revoked, such order shall remain in force and be forthwith complied with by said owner or occupant. 206 At the end of each month the fire marshal shall report to the state fire marshal all existing hazardous condi- tions, together with separate reports on each fire in the city during the month. I. UNLAWFUL TO MAINTAIN FIRE HAZARDS Any owner or occupant of a building or other structure or premises, who shall keep or maintain the same when, for want of repair, or by reason of age or dilapidated condi- tion, or for any cause, it is especially liable to fire and which is so situated as to endanger buildings or property of others, or is especially liable to fire and which is so occupied that fire would endanger other persons or their property therein, shall be punished in accordance with chapter 1, section 5 of this Code of Ordinances. J. OWNERS WHO MAINTAIN HAZARDS GUILTY OF MISDEMEANOR Any owner or occupant of any building, structure, or other premises, who shall keep or maintain the same with an im- proper arrangement of a stove, range, furnace, or other heating appliance of any kind whatever, including chimneys, flues, and pipes with which the same may be connected, so as to be dangerous in the matter of fire, or health, or safety of persons or property of others; or who shall keep or maintain any building, other structure, or premises with an improper arrangement of a lighting device or system, or with a storage of explosives, petro- leum, gasoline, kerosene, chemicals, vegetable products, ashes, combustibles, inflammable materials, refuse, or with any other condition which shall be dangerous in char- acter to the persons, health, or property of others; or which shall be dangerous in the matter of promoting, augmenting, or causing fires; or which shall create condi- tions dangerous to firemen or occupants of such building, structure, or premises other than the maintainer thereof, shall be punished in accordance with chapter 1, section 5 of this Code of Ordinances. K. VIOLATORS TO BE NOTIFIED BEFORE PROSECUTION No prosecution shall be brought under subsections I and J of this section until the order provided for in subsection H be given and the party notified shall fail or refuse to comply with the same. 207 L. RECOVERY OF PENALTIES The penalties provided for herein shall be recovered by the city in the same manner as provided by law for the enforcement of fines, forfeitures, and punishments for offenses against the city. (Ordinance No. 26 of July 6, 1939) SECTION 4: ARSON REWARD A. AMOUNT AUTHORIZED The mayor of the City of College Station is hereby authorized and empowered to offer a reward of not less than two hundred fifty dollars ($250.00) payable to the person or persons who shall be responsible for the arrest and conviction of any person committing in said city the crime of arson as same is defined by the penal code of the State of Texas. B. PROCEDURE FOR PAYMENT Whenever the mayor shall be informed that any fire occur- ring in said city was of an incendiary origin, he shall call for a report of same by the city fire marshal, and if said fire marshal shall report that such fire was caused by the commission of the crime of arson, it shall become the duty of said mayor to offer the reward above described, which reward shall be in the form of a proclamation duly issued by said mayor under his official signature and attested by the seal of the city, and shall be posted up in a conspicuous place, one (1) of which shall be at the city office in said city in accordance with the regulations of the Texas Fire Insurance Department. Upon the informa- 1 tion being given by any person who shall cause the arrest and conviction of such persons so guilty of a specific crime of arson for which said reward shall be offered, and after the final conviction of said person or persons, the person so giving such information shall be entitled to receive from said city such reward. (Ordinance No. 304 of August 22, 1960) 208 CH A P T ER 7 HEALTH & SAN ITA T ION SECTION 1: STAGNANT WATER, TRASH, WEEDS, GRASS, ETC. A. PROHIBITED CONDITIONS DESIGNATED - STAGNANT WATER It shall be unlawful for any person who owns or occupies any lot in the city to permit or allow holes or places where water may accumulate and become stagnant to be or to remain on such lot or to permit or allow the accumula- tion of stagnant water thereon or to permit the same to remain thereon. B. PROHIBITED CONDITIONS DESIGNATED - ACCUMULATION OF TRASH, CARRION, FILTH, ETC. It shall be unlawful for any person who owns or occupies any house, building, establishment, lot, or yard in the city to permit or allow any trash, rubbish, carrion, filth, or other impure or unwholesome matter to accumulate or remain thereon or therein. C. PROHIBITED CONDITIONS DESIGNATED - WEEDS AND OTHER UNSIGHTLY VEGETATION It shall be unlawful for any person owning, claiming, occupying, or having supervision or control of any real property within the city to permit weeds, brush, or any objectionable or unsightly vegetation to grow to a greater height than twelve inches (12 ") upon any such real property within one hundred feet (100') of any property line or within fifty feet (50') of any structure. It shall be the duty of such person to keep the area from the line of his property to the curb line adjacent to it free and clear of the matter referred to above. All 209 vegetation not regularly cultivated which exceeds twelve inches (12 ") in height shall be presumed to be objectionable and unsightly within the meaning of this subsection. D. OBSTRUCTION OF VIEW OF TRAFFIC BY TREES, SHRUBS, ETC. Trees, shrubs, bushes, plants, grass, or weeds growing at or near intersections in such manner as to obstruct the view of approaching traffic from the right or left are hereby declared to be a nuisance, and the city manager is hereby authorized to remove the same. E. NOTICE TO CORRECT OR REMOVE CONDITION In the event that any person owning, claiming, occupying, or having supervision or control of any real property permits any condition to exist thereon in violation of this section, the city may notify such person of his failure to comply and direct him to correct, remedy, or remove such condition within ten (10) days after such notice. Such notice shall be sent to the person at his post office address by regular mail. If the person's address is unknown or if notification may not be obtained by letter, then notice may be given by publication in any two (2) issues within ten (10) consecutive days in any daily, weekly, or semi - weekly newspaper in the city. It shall be unlawful for any person to fail or refuse to comply with such notice. F. CORRECTION OR REMOVAL OF CONDITION BY CITY If any person notified as provided in subsection E fails or refuses to correct, remedy, or remove the condition specified in such notice within ten (10) days after the date of notification by letter or within ten (10) days after the date of the second (2nd) publication of notice in the newspaper, the city may go upon the property and do such work or make such improvements as are necessary to correct, remedy, or remove such condition. The expense incurred pursuant to this subsection in correcting the condition of such property, and the cost of notification shall be paid by the city and charged to the owner of such 210 property. In the event that the owner fails or refuses to pay such expense within thirty (30) days after the first (1st) day of the month following the one in which the work was done, the city shall file with the county clerk a statement of the expense incurred. When such statement is filed, the city shall have a privileged lien on such property, second only to tax liens and liens for street improvements, to secure the payment of the amount so expended. Such amount shall bear interest at the rate of ten percent (10 %) from the date the city incurs the expense. For any such expense and interest, suit may be instituted and recovery and foreclosure had by the city. The statement of expense filed with the county clerk or a certified copy thereof shall be prima facie proof of the amount expended in such work, all as more particularly specified in Article 4426, Vernon's Annotated Texas Civil Statutes, which is hereby adopted. (Ordinance No. 699 of September 28, 1970) SECTION 2: NOISE A. UNLAWFUL TO INTENSIFY SOUNDS ON PUBLIC STREETS It shall be unlawful for any person to use or operate, or cause to be used or operated, any mechanical or electrical device, machine, apparatus, or instrument to intensify or to amplify or to reproduce the human voice, or any other sound, on any public street within the corporate limits of the City of College Station. B. UNLAWFUL TO INTENSIFY SOUNDS FOR ADVERTISING PURPOSES OR WHICH ANNOY NEIGHBORING PREMISES It shall be unlawful for any person to use or operate, or cause to be used or operated, any mechanical or electrical device, machine, apparatus, or instrument to intensify or to amplify or to reproduce the human voice, or to produce, reproduce, intensify, or amplify any other sound, in any building or on any premises in the City of College Station, whereby the sound therefrom is cast directly upon the public streets or places or where such 211 device is maintained and operated for advertising purposes or for the purpose of attracting the attention of the passing public, or which is so placed or operated that the sounds coming therefrom can be heard to the annoyance or inconvenience of travelers upon any street or public place, or of persons in neighboring premises. C. PURPOSE OF SECTION The purpose of this section is to prevent any noise in, on, or near any public street which is reasonably calculated to disturb the peace and good order of the neighborhood or of persons owning, using, or occupying property adjacent to such public streets. (Ordinance No. 124 of February 16, 1949) SECTION 3: PUBLIC NUISANCES (RUBBISH, NOISE, SIGNS, DILAPIDATED STRUCTURES, ABANDONED WELLS, AND JUNK YARDS) A. PUBLIC NUISANCE DEFINED A public nuisance is a thing, act, failure to act, occupation, or use of the property which shall annoy, injure, or endanger the safety, health, comfort, or repose of any considerable number of persons; shall offend the public decency; or shall in any way render any consider- able number of persons insecure in life or in use of property. B. NUISANCE SPECIFICALLY DEFINED The following specific acts, omissions, places, conditions, and things are hereby declared to be nuisances: (1) Accumulations of manure or rubbish which are breeding places for flies, mosquitoes, or vermin. (2) All loud or unusual noises and annoying vibrations which offend the peace and quiet of persons of ordinary sensibilities. 212 (3) All hanging signs, awnings, and other similar structures over the streets or sidewalks so situated or constructed as to endanger public safety. (4) Filthy, littered, or trash - covered cellars, house yards, factory yards, vacant areas in rear of stores, vacant lots, houses, buildings, or premises containing trash, litter, rags, accumulation of empty barrels, boxes, crates, packing cases, lumber or firewood not neatly piled, scrap iron, tin, and other metal not neatly piled, or anything whatsoever in which flies or rats may breed or multiply or which may be a fire danger. (5) Any unsightly building, billboard, or other structure, or any old, abandoned, or partially destroyed building or structure, or any building or structure commenced and left unfinished, or any abandoned well or excavation not properly protected and which may attract children and endanger them in the course of play. (6) All places used or maintained as junk yards, or dumping grounds, or for the wrecking or disassembling of auto- mobiles, trucks, or machinery of any kind, or for the storing or leaving of any machinery or equipment used by contractors or builders or by other persons, which said places are kept or maintained so as to essentially in- terfere with the comfortable enjoyment of life or prop- erty by others. (Ordinance No. 175 of August 11, 1952) C. PENALTY Any person, firm, or corporation who shall knowingly cause or create any public nuisance, or permit any public nuisance to be created or to be placed upon or to remain upon any pre- mises owned or occupied by him or them shall, upon conviction thereof, be punished by being subject to :: fine in the sum of not less than one dollar ($1.00) and not more than two hun- dred dollars ($200.00) for each such offense, together with cost of prosecution. (Ordinance No. 1474 of November 22, 1983) 213 10/15/84 SECTION 4: LITTER CONTROL ON PUBLIC PROPERTY A. Definitions (1) "Authorized Receptacle" is a litter storage and collec- tion receptacle as required and authorized in the City of College Station. (2) "City" is the City of College Station. (3) "City Road" or "Right -of -Way" means the entire width be- tween the property road lines of a road, street, right - of -way, thoroughfare, bridge or park located in the City, if any part thereof is open to the public for ve- hicular traffic. This ordinance regulates all roads, streets, rights -of -way, thoroughfares, bridges and parks maintained by the City whether dedicated, purchased or acquired by prescription. (4) "Construction Materials" means all waste, refuse, concrete, rock /brick or materials resulting from construction or demolition projects. (5) "Earth Materials" means substances such as dirt, sand, gravel, mud, clay, wood chips capable of blowing or spilling thereby creating unsightliness and /or creating a hazard for the general public. (6) "Garbage" means all decayable waste from public and private establishments and restaurants, including vegetable, animal and fish offal, and animal and fish carcasses. The term does not include sewage, body wastes or industrial by- products. (7) "Junk" means all worn out, worthless and discarded material, including odds and ends, iron or other metal, glass and cordage. (8) "Litter" is garbage, refuse and rubbish as defined herein and all other waste material, which if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare. (9) "Park" is a park, playground, recreation area, nature area or other public area in the City, or used by the City and devoted to active or passive recreation. (10) "Person" is any person, firm, partnership, association, corporation, company or organization of any kind. 214 04/30/86 (11) "Public Place" is any and all streets, sidewalks, boule- vards, alleys or other public ways and any and all pub- lic parks, squares, spaces, grounds, and buildings. (12) "Refuse" means any garbage, rubbish, paper or other de- cayable and nondecayable waste, including vegetable mat- ter and animal and fish carcasses. The term does not include sewage from a public or private establishment or residence. (13) "Rubbish" means all non - decayable waste, except ashes, from a public or private establishment or residence. (14) "Sanitary Landfill" is a controlled area of land upon which solid waste materials are disposed of in accord- ance with the standards, rules, regulations, and orders established by the Texas Department of Health. B. No person shall throw or deposit litter in or upon any street, sidewalk or other public place within the city except in public receptacles or in other authorized receptacles for collection or in the official city sanitary landill. C. Persons placing litter in public receptacles or in other authorized receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property. D. No person shall sweep into or deposit in any gutter, on any curb, street or other public place within the city, the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter. No person shall, without permission of the City of College Station, store, dump or dispose of any litter, construction or earth materials, or other solid waste on any city road, street, right -of -way, thoroughfare, bridge, park or other public place. E. A person commits an offense if that person, without prior permission of the City of College Station, stores, dumps or disposes of junk, garbage, rubbish, refuse or other solid waste on a City road, street, right -of -way, thoroughfare, bridge or park. F. A person who violates any of the provisions of this section is subject to a fine of not less than Twenty Dollars ($20) and no more than One Thousand Dollars ($1,000), as provided for in Article 4.14 of the Texas Code of Criminal Procedure. (Ordinance No. 1649 of April 24, 1986) 215 04/30/86 SECTION 5: POTENTIALLY HAZARDOUS FOOD A. TEXAS DEPARTMENT OF HEALTH, DIVISION OF FOOD AND DRUGS, "RULES ON FOOD SERVICE SANITATION 301.73.11.001 - .011 ", ADOPTED The definitions; the inspection of food service establish- ments; the issuance, suspension and revocation of permits to operate food service establishments; the prohibiting of the sale of unsound or mislabeled food or drink; regulating the sale of food from mobile food units; and the enforcement of this ordinance shall be regulated in accordance with the Texas Department of Health, Division of Food and Drugs "Rules on Food Service Sanitation 301.73.11.001- .011 ", which on this date are hereby adopted by reference, three certified copies of which shall be on file in the office of the city secre- tary, and the guidelines provided by the Texas Department of Health for the regulation of mobile shrimp vendors in accord- ance with Article 4476 -5, Texas Vernon's Annotated Civil Statutes which on this date is hereby adopted by reference: Provided, that the words "municipality of in said ordinance shall be understood to refer to the authority" shall be un- derstood to refer to the City of College Station and the words "regulatory authority" shall be understood to refer to the City of College Station or its authorized representative. The authorized representative for enforcement of this ordi- nance shall be the Brazos County Health Department. (Ordinance No. 1509 of April 12, 1984) B. PERMITS, LICENSES, OR CERTIFICATES (1) GENERAL No person shall operate a food service establishment who does not have a valid permit, license, or certificate issued to him by the regulatory authority. Only a per- son who complies with the requirements of these rules shall be entitled to receive or retain such a permit, li- cense, or certificate. Permits, licenses, or certifcates are not transferable. A valid permit, license, or cer- tificate shall be posted in every food service establish- ment. (2) ISSUANCE OF PERMIT Any person desiring to operate a food service establish- ment shall make written application for a permit on forms provided by the City. Such application shall include the applicant's full name and post office address and whether 216 04/30/86 such applicant is an individual, firm, or corporation, and, if a partnership, the names of the partners, to- gether with their addresses shall be included; the loca- tion and type of the proposed food service establish- ment; and the signature of the applicant or applicants. If the application is for a temporary food service es- tablishment, it shall also include the inclusive dates of the proposed operation. Permits shall be annually on or before January lst. At the time of renewal or in case of a new establishment, before business has begun, the applicant shall pay to the City of College Station, or its agent receiving same, a fee to be set by a reso- lution of the City Council. Upon receipt of such an application, the City of College Station, through the health authority, shall make an inspection of the food service establishment to determine compliance with the provisions of this section. When inspection reveals that the applicable requirements of this section have been met, a permit shall be issued to the applicant by the City of College Station as set by city council re- solution. (3) SUSPENSION OF PERMIT (a) The regulatory authority may, without warning, no- tice, or hearing suspend any permit, license, or certificate to operate a food service establishment if the holder of the permit, license, or certifi- cate does not comply with the requirements of these rules, or if the operation of the establishment does not comply with the requirements of these rules, or if the operation of the food service es- tablishment otherwise constitutes a substantial hazard to public health. Suspension is effective upon service of the notice required by Paragraph (3)(b) of Subsection (B) of this rule. When a permit, license, or certificate is suspended, food service operations shall immediately cease. Whenever a permit, license, or certificate is suspended, the holder of the permit, license, or certificate shall be afforded an opportunity for a hearing within twenty (20) days of receipt of a request for a hearing. (b) Whenever a permit, license, or certificate is sus - pen:ed, the holder of the permit, license, or cer- tificate, or the person in charge shall be notified in writing that the permit, license, or certificate is, upon service of the notice, immediately sus - pended and that an opportunity for a hearing will 217 04/30/86 be provided if a written request for a hearing is filed with the regulatory authority by the holder of the permit, license, or certificate within ten (10) days. If no written request for hearing is filed within ten (10) days, the suspension is sustained. The regulatory authority may end the suspension at any time if reasons for suspension no longer exist. (4) REVOCATION OF PERMIT, LICENSE, OR CERTIFICATE The regulatory authority may, after providing opportuni- ty for a hearing, revoke a permit, license, or certifi- cate for serious or repeated violations of any of the requirements of these rules or for interference with the regulatory authority in the performance of its duties. Prior to revocation, the regulatory authority shall no- tify the holder of the permit, license, or certificate, or the person in charge, in writing of the reason for which the permit, license, or certificate shall be re- voked at the end of the ten (10) days following service of such notice unless a written request for a hearing is filed with the regulatory authority by the holder of the permit, license, or certificate within such ten (10) day period. If no request for hearing is filed within the ten (10) day period, the revocation of the permit, li- cense, or certificate becomes final. (5) SERVICE OF NOTICES A notice provided for in these rules is properly served when it is delivered to the holder of the permit, li- cense, or certificate, or the person in charge, or when it is sent by registered or certified mail, return re- ceipt requested, to the last known address of the holder of the permit, license, or certificate. A copy of the notice shall be filed in the records of the regulatory authority. (6) HEARINGS The hearings provided for these rules shall be conducted by the regulatory authority at a time and place desig- nated by it. Based upon the recorded evidence of such hearing, the regulatory authority shall make a final finding, and shall sustain, modify or rescind any notice or order considered in the hearing. A written report of the hearing decision shall be furnished to the holder of the permit, license, or certificate by the regulatory authority. 218 04/30/86 (7) APPLICATION AFTER REVOCATION Whenever a revocation of a permit, license, or certifi- cate has become final, the holder of the revoked permit, license, or certificate may make written application for a new permit, license, or certificate. C. INSPECTIONS (1) INSPECTION FREQUENCY An inspection of a food service establishment shall be performed at least once every six (6) months. Additional inspections of the food service establishment shall be performed as often as are necessary for the enforcement of these rules. (2) ACCESS Agents of the regulatory authority, after proper identi- fication, shall be permitted to enter any food service establishment at any reasonable time, for the purpose of making inspections to determine compliance with these rules. The agents shall be permitted to examine the re- cords of the establishments to obtain information per- taining to food and supplies purchased, received, or used, or to persons employed. (3) REPORT OF INSPECTIONS Whenever an inspection of a food service establishment or commissary is made, the findings shall be recorded in the inspection report form set out in Paragraph (5) of Sub- section (C) of this rule. The inspection report form shall summarize the requirements of these rules and shall set forth a weighted point value for each requirement. Inspectional remarks shall be written to reference, by section number, the section violated and shall state the correction to be made. The rating score of the estab- lishment shall be the total of the weighted point values for all violations, subtracted from 100. A copy of the inspection report form shall be furnished to the person in charge of the establishment at the conclusion of the inspection. The completed inspection report form is a public document that shall be made available for public disclosure to any person who requests it according to law. 219 04/30/86 (4) CORRECTION OF VIOLATIONS (a) The inspection report form shall specify a reason- able period of time for the correction of the viola- tions found, and correction of the violations shall be accomplished within the period specified, in ac- cordance with the following provisions: (i) If an imminent health hazard exists, such as complete lack of refrigeration or sewage backup into the establishment, the establishment shall immediately cease food service operations. Op- erations shall not be resumed until authorized by the regulatory authority. (ii) All violations of 4- or 5 -point weighted items shall be corrected as soon as possible, but in any event, within ten (10) days following in- spection. Within fifteen (15) days after the inspection, the holder of the permit, license, or certificate shall submit a written report to the regulatory authority stating that the 4- or 5 -point violations have been corrected. A fol- low-up inspection shall be conducted to confirm correction. (iii) All 1- or 2 -point weighted items shall be cor- rected as soon as possible, but in any event, by the time of the next routine inspection. (iv) When rating score of the establishment is less than 60, the establishment shall initiate cor- rective action on all identified violations within forty -eight (48) hours. One or more re- inspections will be conducted at reasonable time intervals to assure correction. (v) In the case of temporary food service estab- lishments, all violations shall be corrected within twenty -four (24) hours. If violations are not corrected within twenty -four (24) hours, the establishment shall immediately cease food service operations until authorized to resume by the regulatory authority. 220 04/30/86 (b) The inspection report shall state that failure to comply with any time limits for corrections may result in cessation of the food service operations. An opportunity for appeal from the inspection findings and time limitations will be provided if a written request for a hearing is filed with the regulatory authority within ten (10) days following cessation of operation. If a request for a hearing is received, a hearing shall be held within twenty (20) days of receipt of that request. (c) Whenever a food service establishment is required under the provisions of this rule to cease opera- tions, it shall not resume operations until such time as a reinspection determines that conditions responsible for the requirement to cease operations no longer exist. Opportunity for reinspection shall be offered within a reasonable time. (5) INSPECTION REPORT FORM (Ordinance states "An inspection report form based on the requirements of these rules is appended. ") D. EXAMINATION AND CONDEMNATION OF FOOD Food may be examined or sampled by the regulatory authority as often as necessary for enforcement of these rules. The regulatory authority may, upon written notice to the owner or person in charge specifying with particularity the reasons therefor, place a hold order on any food which it believes is in violation of Subsection (a) of rule .003. or any other provision of these rules. The regulatory authority shall tag, label, or otherwise identify any food subject to the hold order. No food subject to a hold order shall be used, served, or moved from the establishment. The regulatory authority shall permit storage of the food under conditions specified in the hold order, unless storage is not possible without risk to the public health, in which case immediate destruction shall be ordered and accomplished. The hold order shall state that a request for hearing may be filed within ten (10) days and that if no hearing is requested the food shall be destroyed. A hearing shall be held if so requested, and on the basis of evidence produced at that hearing, the hold order may be vacated, or the owner or person in charge of the food may be directed by written order to denature or destroy such food or to bring it into compliance with the provisions of these rules. 221 04/30/86 E. REVIEW OF PLANS (1) Submission of Plans Whenever a food service establishment is constructed or extensively remodeled and whenever an existing structure is converted to use as a food service establishment, properly prepared plans and specifications for such construction, remodeling, or conversion shall be sub- mitted to the Brazos County Health Department for review and approval before construction, remodeling or conver- sion is begun. The plans and specifications shall indi- cate the proposed layout, arrangement, mechanical plans, and construction materials of work areas, and the type, model, location and size of proposed fixed equipment and facilities. The Brazos County Health Department shall approve the plans and specifications if they meet the requirements of these rules. No food service establish- ment shall be constructed, extensively remodeled, or con- verted except in accordance with plans and specifications approved by the regulatory authority. (2) Pre- operational Inspection Whenever plans and specifications are required by Para- graph (1) of Subsection (E) of this rule to be submitted to the Brazos County Health Department, the Brazos County Health Department shall inspect the food service estab- lishment prior to its beginning operation to determine compliance with the approved plans and specifications and with the requirements of these rules. F. PROCEDURE WHEN INFECTION IS SUSPECTED (1) When the regulatory authority has reasonable cause to suspect the possibility of disease transmission from any food service establishment employee, it may secure mor- bidity history of the suspected employee or make any other investigation as may be indicated and shall take appropriate action. The regulatory authority may re- quire any or all of the following measures: (a) The immediate exclusion of the employee from all food service establishments; 222 04/30/86 (b) The immediate closing of the food service establish- ment concerned until, in the opinion of the regula- tory authority, no further danger of disease out- break exists. (c) Restriction of the employee's services to some area of the establishment where there would be no danger of other employees and of his and their body dis- charges. (2) Foodhandler's Card Each person working in a food establishment, or handling food, shall obtain a valid foodhandlers permit. This permit is to be issued by the Brazos County, Texas Health Department in accordance with all requirements for such instruction and /or examinations for disease as the health authority may designate. The permit shall be valid for such a time as the health authority may designate but not to exceed four (4) years. The permit shall be kept on file by the Brazos County Health Authority which shall in turn issue to the foodhandler a card attesting to the validity of the permit. G. ENFORCEMENT PROVISIONS (1) Penalties Any person who shall violate any of the provisions of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than two hundred dollars ($200.00). In addition thereto, such persons may be enjoined from continuing such violations. Each day upon which such a violation occurs shall constitute a separate violation. (2) Repeal and Date of Effect These rules shall be in full force and effect ten (10) days after their adoption and publication as provided by law; and, at that time, all ordinances and parts of ordi- nances in conflict with these rules are hereby repealed. (Ordinance No. 1329 of December 9, 1981; Amended by Ordinance No. 1649 of April 24, 1986, only to the extent of renumbering section.) Note: A previous section with the title "Section 5: Sale of Adulterated and Misbranded Milk and Milk Products Pro- hibited" was repealed by Ordinance No. 1649 of April 24, 1986) 223 04/30/86 SECTION 6: SALE OF ADULTERATED OR MISBRANDED MIX OR FROZEN DESSERTS PROHIBITED A. DEFINITIONS The following definitions shall apply in the interpretation • and the enforcement of this section: (1) Frozen Desserts is any clean frozen or partially frozen combination of two (2) or more of the follow- ing: milk or milk products, eggs or egg products, sugars, water, fruit or fruit juices, candy, nut meats, or other harmless and wholesome food products, flavors, color, or harmless stabilizer, and shall be deemed to include ice cream, frozen custard, ice milk, milk sherbert, ices, and other similar products. (2) Milk and Milk Products used in mix or frozen desserts shall include milk, cream, frozen cream, plastic cream, fluid skim milk, butter, sweetened and unsweetened evaporated milk, sweetened and unsweetened evaporated skim milk, sweetened and unsweetened condensed milk, sweetened and unsweetened condensed skim milk, powdered whole milk, powdered skim milk, sweet cream buttermilk, sweet cream condensed buttermilk, and sweet cream powdered buttermilk, or any of these products from which lactose has been wholly or partially removed. (3) Mix is the unfrozen combination of all ingredients of a frozen dessert with or without fruits, fruit juices, candy, nut meats, flavor, or harmless color. (4) Pasteurization, pasteurized, and similar terms shall be taken to refer to the process of heating every particle of mix to at least 155° F. and holding at such temperature for at least thirty (30) minutes in approved and properly operated equipment. Provided, that nothing contained in this definition shall be construed as disbarring any other process which has been demonstrated to be equally efficient and is approved by the state health authority. (5) Person shall mean person, firm, corporation, or association. (6) Frozen Desserts Manufacturer is any person who manu- facturers, processes, or freezes any mix or frozen desserts for distribution or sale. 224 04/30/86 (7) Frozen Desserts Plant is hereby defined as any place or premises where frozen desserts or mix are manu- factured, processed, or frozen for distribution or sale. (8) Milk Products Plant shall mean any place or premises where milk or milk products are skimmed, condensed, evaporated, powdered, manufactured into butter, or otherwise processed for subsequent manufacture of mix or frozen desserts. (9) Receiving Station shall mean any place or premises where milk or milk products are received for subsequent delivery to milk products plants or frozen desserts plants. (10) Dairy Farm is any place or premises where one (1) or more cows are kept, a part of or all of the milk or milk products from which is sold or offered for sale. (11) Health Officer shall mean a representative of the Brazos County Health Unit or a member of the City of College Station Health Committee. (12) Average Bacterial Plate Count and Average Direct Microscopic Count shall be taken to mean the logarithmic average of the respective results of the last four (4) consecutive samples, taken upon separate days. (13) Average Reduction Time and Average Cooling Temperature shall be taken to mean the arithmetic average of the respective results of the last four (4) consecutive samples, taken upon separate days. (14) Adulterated or Misbranded Frozen Desserts or Mix means any frozen dessert or mix which contains any unwholesome substance, which is defined in this section, or which is defined in the Texas Food and Drug laws as adulterated and /or misbranded. (15) And /Or, as the term is used, "and" shall apply where possible; otherwise "or" shall apply. B. SALE PROHIBITED OF ADULTERATED OR MISBRANDED MIX OR FROZEN DESSERTS No person shall, within the City of College Station, or its police jurisdiction, manufacture, freeze, sell, offer or expose for sale, or have in possession with intent to sell, any mix or frozen dessert which is adulterated or misbranded. 225 04/30/86 C. PERMITS (1) Applicability It shall be unlawful for any person to deliver directly or indirectly into or receive into the City of College Station or its police jurisdiction for sale, or to produce, sell, or offer for sale therein, or to have in storage where mix or frozen desserts are sold or served, any mix or frozen dessert, who does not possess a permit from the City of College Station. (2) Retentions Only a person who complies with the requirements of this section shall be entitled to receive and retain such a permit. (3) Suspensions Such a permit may be suspended by the health officer, or revoked after an opportunity for a hearing by the health officer, upon the violation by the holder of any of the terms of this section. (4) Renewals Said permit shall be renewed annually on or before the first (1st) day of July of each year in order to be valid. Said permit shall set forth plainly and in what manner and to what extent the holder thereof may engage in the production, transportation, process- ing, handling, or sale of mix or frozen desserts in the City of College Station, Texas. (Ordinance No. 516 of March 27, 1967) (5) Fees (a) If the applicant manufactures and pasteurizes a frozen dessert mix, freezes the mix and places it in a final delivery container, there shall be a fee as set by city council resolution. (b) If the applicant manufactures and pasteurizes a frozen dessert mix and offers for sale the mix only, there shall be a fee as set by city council resolution. (c) If the applicant purchases a mix and freezes it for final consumption without placing it in a 226 04/30/86 labeled container, frozen custard - soft serve, there shall be a fee as set by city council resolution. ;Ordinance No. 1263 of January 8, 1981) (d) Fees will be prorated by quarters should an appli- cant apply before the end of any fiscal year, ending June thirtieth (30th). (e) In case that two (2) or more of the above condi- tions exist, the permit fee shall be based on the condition requiring the greatest fee. (f) All fees collected under the provisions of this section shall be deposited to the general fund account of the City of College Station, Texas, and shall be drawn upon the city secretary pursuant to appropriations duly made for the sole purpose of defraying the costs of enforcing the provisions of this section. D. LABELING All cans, packages, and other containers enclosing mix or frozen desserts or their ingredients derived from milk, except those filled from labeled bulk containers in retail dispensing, shall be plainly labeled or marked with the name of the contents; in the case of mix the word "pasteurized" if the contents have been pasteurized and the word "raw" if the contents have not been pasteurized; and the name and the street address, or the permit number of the plant at which the contents were placed in the container. A descriptive word or phrase indicating in more detail the composition or flavoring of the mix or frozen desserts, such as strawberry, chocolate, custard, etc., may be used on the label. The label or mark shall be in letters of a size, kind, and color approved by the health officer. Trade names and trade marks may be permitted. The label shall contain no marks or words which are misleading. E. INSPECTION OF FROZEN DESSERTS PLANTS At least once during each six (6) month period the health officer shall inspect all frozen desserts plants, the products of which are intended for consumption within the City of College Station or its police jurisdiction. In 227 04/30/86 case the health officer discovers the violation of any item of sanitation, he shall make a second inspection after a lapse of three (3) days, and the second inspection shall be used in determining compliance with the requirements of this section. Any violation of the same item of this section on two (2) consecutive inspections shall call for immediate suspension of permit. One (1) copy of the inspection report shall be delivered to the owner of the premises inspected, or his agent, and shall be readily available at any time for a period of twelve (12) months. Another copy of the inspection report shall be filed with the records of the health depart- ment. F. EXAMINATION OF FROZEN DESSERTS AND THEIR INGREDIENTS During each six (6) month period at least four (4) samples of frozen desserts and pasteurized mix from each plant shall be tested by the health officer. Samples of mix or frozen desserts may be taken by the health officer at any time prior to final delivery. Samples of ingredients may be tested as often as the health officer may require. Samples of frozen desserts from stores, cafes, soda foun- tains, restaurants, and other places where frozen desserts are sold may be tested as often as the health officer may require. Bacterial plate counts and direct microscopic counts shall be made in conformity with the 1934 Standard Methods recommended by the American Public Health Association. Examinations may include such other chemical and physical determinations as the health officer may deem necessary for the detection of adulteration, these examinations to be made in conformity with the 1934 Standard Methods of the American Public Health Association and the Association of Official Agricultural Chemists. All proprietors of plants, stores, cafes, restaurants, soda fountains, and other similar places shall furnish the health officer, upon his request, the names of all persons from whom their mix or frozen desserts are obtained. Whenever the average bacterial plate count, the average reduction time, or the average cooling temperature falls beyond the limit, the health officer shall send written notice thereof to the plant concerned, and shall take an additional sample, but not before the lapse of three (3) days, for determining a new average in accordance with subsection A(12) and A(13). Violation of the requirement 228 04/30/86 by the new average or by any subsequent average during the remainder of the current six (6) month period shall call for immediate suspension of the permit, unless the last individual result is within the limit. G. SANITATION REQUIREMENTS FOR FROZEN DESSERTS PLANTS All frozen desserts plants shall comply with the following items of sanitation: (1) Floors The floors of all rooms in which mix, frozen desserts, or their ingredients are manufactured, frozen, or stored, or in which containers and utensils are washed, shall be constructed of concrete or other equally impervious and easily cleaned material, and shall be smooth, properly drained, provided with trapped drains, and kept clean. Provided, that cold storage rooms need not be provided with drains; provided, further, that the construction requirements of this item shall be waived in frozen desserts plants which freeze and sell only at retail on the premises, if the portion of the room in which the freezer is installed and the room in which containers or utensils are washed have impervious floors or solid floors covered with tight linoleum or other approved, washable material. (2) Walls and Ceilings Walls and ceilings of rooms in which mix, frozen desserts, or their ingredients are manufactured or frozen, or in which containers or utensils are washed, shall have a smooth, washable light colored surface, and shall be kept clean. (3) Doors and Windows Unless other effective means are provided to prevent the access of flies, all openings to the outer air shall be effectively screened and doors shall be self - closing. (4) Lighting and Ventilation All rooms shall be well lighted and ventilated. 229 04/30/86 (5) Miscellaneous Protection from Contamination The various plant operations shall be so located and conducted as to prevent any contamination of the mix, frozen desserts, their ingredients, cleaned equip- ment, or containers. All means necessary for the elimination of flies shall be used. Separate rooms shall be provided for the following: (a) The pasteurizing, processing, cooling, freezing, and packaging operations. (b) The washing and bactericidal treatment of containers. Provided, that requirement (a) above shall be satis- fied, in frozen desserts plants which freeze and sell only at retail on the premises, if all mixing, freezing, and packaging processes, but not necessarily the hardening and storage compartments, are enclosed in a tight glass or other sanitary enclosure which is open only on the side farthest from the public, which has a dust -tight top extending over the entire freezer, and which is protected by a fan so installed and of such power as to prevent the entrance of flies. Containers of frozen dessert ingredients shall not be unloaded directly into the room or rooms used for pasteurization, or subsequent processes. Pasteurized mix or frozen desserts shall not be permitted to come in contact with equipment with which unpasteurized mix, frozen desserts, milk, or milk products have been in contact, unless such equipment has first been thoroughly cleaned and subjected to bactericidal treatment. None of the operations connected with a frozen desserts plant shall be conducted in a room used for domestic purposes. (6) Toilet Facilities There shall be provided toilet facilities conforming with the ordinances of the City of College Station, and which are kept clean, well ventilated, and in good repair. Toilet rooms shall not open directly into any room which frozen desserts, their ingredients, equipment, or containers are handled or stored. The doors of all toilet rooms shall be self - closing. If case privies or earth closets are permitted and used, they shall be separate from the building, and shall be of a sanitary type constructed and operated in conformity with the requirements of the Texas State Board of Health. 230 04/30/86 (7) Water Supply The water supply shall be easily accessible, adequate, and of a safe, sanitary quality. (8) Hand Washing Facilities Convenient hand washing facilities shall be provided, including warm running water, soap, and approved sanitary towels. The use of a common towel is pro- hibited. No employee shall resume work after using the toilet room without first washing his hands. (9) Sanitary Piping All piping used to conduct ingredients, mix, or frozen desserts shall be sanitary milk piping of a type which can be easily cleaned with a brush and appropriate sanitizing agents. (10) Construction and Repair of Containers and Equipment All multi -use containers and equipment with which mix, frozen desserts, or their ingredients come in contact shall be constructed in such manner as to be easily cleaned and shall be kept in good repair. (11) Disposal of Wastes All wastes shall be properly disposed of. (12) Cleaning and Bactericidal Treatment of Containers and Equipment All multi- service containers and equipment for mix, frozen desserts, or their ingredients shall be thoroughly cleaned after each usage. All containers shall be subjected to an approved bactericidal process after each cleaning, and all equipment immediately before each usage. When empty and before being re- turned by a frozen desserts plant, each milk and milk products container shall be effectively cleaned and subjected to bactericidal treatment. (13) Storage of Containers After bactericidal treatment all multi -use containers for mix, frozen desserts, and their ingredients shall be stored in such manner as to be protected from con- tamination. 231 04/30/86 (14) Handling of Containers and Equipment Between bactericidal treatment and usage, and during usage, containers and equipment shall not be handled or operated in such manner as to permit contamination of the frozen desserts, mix, or their ingredients. (15) Storage and Handling of Single Service Containers and Utensils Caps, parchment papers, wrappers, can liners, and single service sticks, spoons, and containers for frozen desserts, mix, or their ingredients shall be purchased only in sanitary containers, and shall be kept therein in a clean dry place and shall be handled in a sanitary manner. (16) Pasteurization of Mix All mix shall be pasteurized as described in sub- section A(4) of this section. (17) Cooling and Handling All milk and fluid milk products received at the frozen desserts plant for use in frozen desserts or mix shall immediately be cooled in approved equip- ment to 50° F. or less and maintained at that tempera- ture until pasteurized, unless they are to be pasteurized within two (2) hours after receipt; and all pasteurized mix shall immediately be cooled in approved equipment to an average temperature of 50° F. or less, as described in subsection A(13) of this section, and maintained thereat until frozen. All mix which is not frozen at the plant at which it was pasteurized shall be transported to the place of manufacturing or freezing in sealed containers, and the mix shall be handled in a sanitary manner. Dipping from containers of pasteurized mix is pro- hibited. (18) Packaging., Etc. Packaging, cutting, molding, dipping, freezing, hardening, and other preparation of mix or frozen desserts or their ingredients shall be done in an approved manner. Containers shall be adequately covered immediately after filling. Caps or covers shall be handled in such manner as to prevent con- tamination of the packaged contents. 232 04/30/86 (19) Overflow or Spillage Product drip, overflow, or spilled mix or frozen desserts or their ingredients shall not be sold for human consumption. (20) Returns Mix or frozen desserts in open or broken containers may after delivery be returned to the plant for inspection, but shall not be used for making mix or frozen desserts. (21) Personnel Health The health officer or a physician authorized by him shall examine and take a careful morbidity history of every person connected with a frozen desserts plant, or about to be employed, whose work brings him in contact with the production, handling, or storage of mix or frozen desserts, containers, or equipment. If such examinations suggest that such person may be a carrier of or infected with the organisms of typhoid or paratyphoid fever or any other communicable diseases likely to be transmitted through frozen desserts, he shall secure appropriate specimens of body discharges and cause them to be examined in a laboratory approved by him or by the state health authorities for such examinations, and if the results justify, such person shall be barred from such employment. Such persons shall furnish such information, submit to such physical examinations, and submit such laboratory specimens as the health officer may require for the purpose of determining freedom from infection. (22) Personnel Cleanliness All persons coming in contact with mix, frozen desserts, their ingredients, containers, or equipment shall wear clean outer garments and shall keep their hands clean at all times while thus engaged. (23) Miscellaneous All vehicles used for the transportation of mix or frozen desserts or their ingredients shall be so constructed and operated as to protect their contents from the sun and from contamination. Such vehicles shall be kept clean, and no substance capable of 233 04/30/86 contaminating mix or frozen desserts or their ingredients shall be transported therewith in such manner as to permit contamination. All vehicles used for the distribution of mix or frozen desserts shall have the name of the distributor prominently displayed. The immediate surroundings of all frozen desserts plants shall be kept in a neat, clean condition. (24) Bacterial Plate Count of Pasteurized Mix or Frozen Desserts The average bacterial plate count of the pasteurized mix or the frozen desserts shall at no time prior to delivery exceed 50,000 per gram, as determined under subsections A(12) and F. (25) Ingredients All mix and frozen desserts ingredients shall be clean, have a fresh wholesome flavor and odor, a normal appearance, be of satisfactory quality, and shall be handled or processed in an approved manner. Milk and milk products used as ingredients in the raw state shall have an average bacterial plate count not exceeding 200,000 per cubic centimeter or per gram, or an average direct microscopic count not to exceed 200,000 per cubic centimeter or per gram if clumps are counted, or 800,000 if individual organisms are counted, or an average reduction time of not less than six (6) hours, as determined under subsections A(13) and F; and milk and milk products used as ingredients in the pasteurized, condensed, evaporated, or dried state shall have an average bacterial plate count not exceeding 50,000 per cubic centimeter or per gram. Provided, that these limits shall be doubled in the case of cream. H. FROZEN DESSERT PLANTS WHICH MAY SELL THEIR PRODUCTS From and after twelve (12) months from the date on which this section takes effect, no mix or frozen desserts shall be sold for ultimate consumption within the City of College Station, or its police jurisdiction unless it has been manufactured and frozen in a plant conforming with the requirements of this section; provided, that when any frozen desserts plant fails to qualify, the health officer is authorized to revoke the permit. 234 04/30/86 I. SUSPENSION AND REISSUING OF PERMIT (1) If at any time a suspension of the permit shall become justified in any case, the health officer shall, subject to the provisions of subsections C, E, F, and G of this section, immediately suspend the permit of said frozen desserts plant. (2) Any frozen desserts plant, the permit of which has been suspended by the health officer, may at any time make application for the reissuing of the permit. (3) Upon receipt of a satisfactory application, in case the suspension of permit is the result of an unsatis- factory bacterial condition or cooling temperature, the health officer shall take further samples at the rate of not more than two (2) samples per week. The health officer shall reissue the permit whenever the average of the last four (4) sample results indicates the necessary compliance. (4) In case the suspension of permit is due to the viola- tion of any item or items of the specifications prescribed in subsection G other than bacterial condi- tion or cooling temperature, the said application must be accompanied by a statement signed by the applicant to the effect that the violated item or items of the specifications have been conformed with. Within one (1) week of the receipt of such an application and statement, the health officer shall make a reinspection, and thereafter as many additional reinspections as he may deem necessary to assure him- self that the applicant is again complying with the requirements, and in case the findings indicate com- pliance, shall reissue the permit. J. TRANSFERRING AN DISPENSING FROZEN DESSERTS No person shall transfer frozen desserts from one container to another or package the same on the street or in any vehicle or in any place except a sanitary room under approved conditions. 235 04/30/86 K. MIX AND FROZEN DESSERTS FROM POINTS BEYOND THE LIMITS OF ROUTINE INSPECTION Mix and frozen desserts from points beyond the limits of routine inspection of the City of College Station may not be sold in the City of College Station, or its police jurisdiction, unless controlled under provisions equivalent to the requirements of this section; provided, that the health officer shall satisfy himself that the health officer having jurisdiction over the manufacture is properly enforcing such provisions. L. FUTURE FROZEN DESSERT PLANTS All frozen desserts plants from which mix or frozen desserts are supplied to the City of College Station, which are hereafter constructed, reconstructed, or extensively altered, shall conform in their construction to the requirements of this section. Properly prepared plans for all frozen desserts plants which are hereafter constructed, reconstructed, or extensively altered shall be submitted for approval before work is begun, and signed approval shall be obtained from the health officer and /or the Texas State Health Department. M. NOTIFICATION OF DISEASE Notice shall be sent to the health officer immediately by any frozen desserts manufacturer or distributor among whose employees any infectious, contagious, or communicable disease occurs. N. PROCEDURE WHEN INFECTION SUSPECTED When suspicion arises as to the possibility of transmission of infection from any person concerned with the handling of mix, frozen desserts, or their ingredients, the health officer is authorized to require any or all of the following measures: (1) The immediate exclusion of that person from handling mix, frozen desserts, or their inaredients. (2) The immediate exclusion of the supply concerned from distribution and use. 236 04/30/86 (3) Adequate medical and bacteriological examination of the person, of his associates, and of his and their body discharges. 0. ENFORCEMENT INTERPRETATION This section shall be enforced by the health officer in accordance with the interpretations thereof contained in the 1940 Edition of the United States Public Health Service Frozen Desserts Code, a certified copy of which shall be on file in the city secretary's office. (Ordinance No. 516 of March 27, 1967) 237 04/30/86 238 (The next page is 273) CHAPTER 8 PERSONNEL SECTION 1: PERSONNEL POLICIES ADOPTED The personnel policy handbook entitled "City of College Station Personnel Policies and Procedures Handbook," together with the detailed procedural rules for disciplinary appeal and termination, is hereby adopted as amended from time to time by City Council Resolution, as the official personnel policy of the City of College Station, Texas, to the same extent as if set forth at length herein. (Ordinance No. 1569 of January 24, 1985) (A police policy manual, adopted by the City Council on June 14, 1984, by Ordinance No. 1527 and as amended on December 12, 1985 by Ordinance No. 1626, imposes all the required duties upon the Police Department. Any deviation from the requirements of the police policy manual by any officer within the department would subject the officer in violation of the manual to disciplinary action.) (A fire department policy manual, adopted by the City Council on April 24, 1986, by Ordinance No. 1648, imposes procedures and regulations upon the Fire Department Personnel; any deviation from the requirements of said manual by any member within the department would subject the member in violation of the manual to disciplinary action.) SECTION 2: PARKS AND RECREATION BOARD A. PARKS AND RECREATION BOARD CREATED There is hereby created a parks and recreation board to be known as the "College Station Parks and Recreation Board," which shall be composed of seven (7) members. The duties of said board shall be to advise and recommend to the city council all matters concerning the establishment, main- tenance, and operation of all parks within the city and the establishment and operation of recreation programs conducted by the City of College Station for its inhabitants. The board shall also carry out all other duties and responsibi- lities as may be assigned by the city council. 273 04/30/86 B. TERMS OF OFFICE; VACANCIES (1) The terms of office for said parks and recreation board shall commence on May 1st and shall be for two (2) years. The members of the board shall be appointed by the city council on a staggered basis with three (3) expiring on uneven numbered years and four (4) expiring on even numbered years. The council shall appoint one (1) member of the board to serve as chairperson and one (1) member to serve as vice - chairperson on an annual basis. One (1) member of the city council shall be appointed to serve on the board as a nonvoting representative. (2) Members appointed to fill vacancies on said board shall be for the remainder of the term of his predecessor. C. RULES AND REGULATIONS Said board is authorized to establish its own rules, regula- tions, and by -laws subject to ratification by the city council and shall provide for regular and special meetings necessary to carry on its business. (Ordinance No. 1137 of November 9, 1978) SECTION 3: JOINT AIRPORT ZONING BOARD A. JOINT AIRPORT ZONING BOARD Subject to the like provisions being made by the City Council of the City of Bryan, Texas, the Commissioners' Court of Burleson County, Texas, by proper order, duly promulgated and entered on their minutes, and as authorized by the provisions of Chapter 391 of the Acts of the Regular Session of the 50th Legislature, 1947, there is hereby created a joint airport zoning board, to be known as the Easterwood Field Joint Airport Zoning Board, which shall have the powers and exercise the duties set forth in Sections 2 and 3 of Chapter 391 of the Acts of the Regular Session of the 50th Legislature, 1947. B. MEMBERSHIP The Easterwood Field Joint Airport Zoning Board shall be composed of nine (9) members, two to be appointed by the City Council of the City of College Station, Texas, and two to be appointed by the City Council of Bryan, Texas, two members to be appointed by the Commissioners' Court of Brazos County, Texas, and two members to be appointed by the Commissioners' Court of Burleson County, Texas. The ninth member shall be 274 10/15/84 elected by a majority of the members so appointed and said ninth member shall serve as Chairman of the said Easterwood Field Joint Airport Zoning Board. C. APPOINTMENTS Al Mayo and James S. Noel are hereby appointed as the City's members on said Easterwood Field Joint Airport Zoning Board. (Ordinance No. 1280 of March 26, 1981) SECTION 4: EMERGENCY MANAGEMENT PLAN: DEFINITIONS ATTACK - shall mean a direct assault upon and against the City or its environs by hostile forces, including assault by bombing, chemical or biological warfare, or sabotage. DISASTER - shall mean the occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property resulting from any natural or man -made cause, including fire, flood, earthquake, windstorm, wave action, oil spill or other wa- ter contamination, volcanic activity, epidemic, air contamina- tion, blight, drought, infestation, explosion, riot, hostile mil- itary or paramilitary action, other public calamity requiring emergency action, or energy emergency. MAYOR - shall mean the Mayor of the City or the Mayor Pro Tem. VOLUNTEER - shall mean contributing a service, equipment, supplies or facilities without remuneration or without a formal agreement or contract for hire. 275 04/30/86 SECTION 5. EMERGENCY MANAGEMENT PLAN: INTENT It is the intent of this ordinance that the organization estab- lished hereby will insure the complete and efficient utilization of all of the City's resources to combat disaster caused by at- tack in that the organization will also serve to combat natural disasters. The Office of Emergency Management shall be the coor- dinating agency for all activity in connection with the Emergency Management Program; and during a period of attack or natural di- saster, it will be the instrument through which the Mayor may ex- ercise the authority and discharge the responsibility invested in him by this ordinance. SECTION 6. EMERGENCY MANAGEMENT PLAN: DUTIES OF THE MAYOR The Mayor of the City Council of the City of College Station, as deemed necessary in the interest of the public health, safety, and welfare, shall have the authority and is hereby directed to do the following acts: (1) Declare an emergency when he determines that a disaster or major public disturbance has occurred or that the oc- currence or the threat of a disaster or major public disturbance is imminent, the state of emergency contin- ues until the Mayor finds that the threat or danger has passed, or that the threat has been dealt with to the extent that emergency conditions no longer exist and terminates the state of emergency, by proclamation. At any time during the state of emergency, the City Council of the City of College Station may meet and by majority vote dissolve the state of emergency. On termination of the state of emergency, the Mayor shall issue a procla- mation ending the state of emergency. In no event shall a state of emergency continue longer than ten (10) days unless renewed by the Mayor. All proclamations issued under this Section shall indicate the nature of the emergency, the area threatened, and the conditions which have brought it about or which make possible termination of the state of emergency. In no event may a state of emergency continue after the Governor of the state is- sues an executive order terminating the state of emer- gency. (2) Immediately notify the County Commission of Brazos Coun- ty and coordinate all emergency relief assistance with other local governmental entities. 276 04/30/86 (3) Order supplies and equipment of the City of College Sta- tion be used to protect life and property. (4) Direct the City Manager or his delegate to organize forces of the various departments of the City Government to provide any necessary services, and if additional em- ployees are needed, to hire persons on a day -to -day ba- sis in compliance with the Charter of the City of Col- lege Station. (5) Appoint volunteers to act at the instance of the City Manager to provide any necessary services. (6) Provide volunteers a signed insignia or other device to show that the individual is a volunteer and has authori- ty to act at the direction of the City Manager. (7) Issue a proclamation setting a curfew into effect for all or any part of the City of College Station and to exempt therefrom any persons whose movement is essential to the implementation of the Emergency Management Plan. (8) Order the closing of any place where arms, ammunition, dynamite or other explosives are sold and forbid the sale, barter, loan or gift of such items. (9) Order the closing of bars, lounges, private clubs, li- quor stores or any business establishments having a li- quor, beer or wine permit, gasoline stations, theaters, and public buildings. The Mayor shall also have the power to prohibit the sale of beer, wine and intoxicat- ing liquor and the sale, distribution or gift of gaso- line or other flammable liquid or combustible products in any container other than a gasoline tank properly af- fixed to a motor vehicle. (10) Declare a list of contraband. (11) Exclude people from any area where there has been a pub- lic disturbance. 277 04/30/86 (12) Provide up -to -date lists of names, telephone numbers, and locations of persons and companies to be notified immediately upon proclamation of an emergency. The May- or shall request the City Manager to assign City employ- ees to notify such persons and companies. Notification shall go to the following: (a) All public utility companies operating in the City. (b) All police officers on or off duty. (c) All City Fire Department personnel. (d) All Civil Defense Volunteers. (e) All Street Department employees, who shall report to stand -by locations as designated on a list to be kept up to date by the Director of Public Works. (f) All City Water Department employees who shall re- port to stand -by locations designated by the Direc- tor of Public Works. (g) All City Electric Department employees who shall report to stand -by locations designated by the Di- rector of Public Works. (h) Neighboring sheriff's office, municipalities, State Police, and Federal Civil Defense organizations. (i) Hospitals, emergency clinics, doctors and nurses. (j) Amateur radio, C.B., and telephone networks. (13) Present unconditional authorization to the Governor of the State for removal of debris or wreckage from public property in the City of College Station. (14) Put into effect a black -out and require the extinguish- ment of all lights. Further, the Mayor shall have the power to authorize any individual to operate a siren or other device as a black -out signal, curfew signal, or air raid signal. (15) Upon notification from the Director of Finance or his delegate of the funds available, expend public funds of the City of College Station in compliance with the Char- ter requirements. 278 04/30/86 (16) Direct the City Manager to have the Chief of Police of the City of College Station detail regularly employed law enforcement officers of the City of College Station Police Department to assist any other county or munici- pality, when in the opinion of the Mayor or other offi- cer authorized to declare a state of civil emergency in such other county or municipality, there exists in such other county or municipality a need for the services of additional law enforcement officers to protect the health, life, and property of such other county or mu- nicipality, its inhabitants, and the visitors thereto, by reason of riot, unlawful assembly characterized by the use of force and violence, or threat thereof by three (3) or more persons acting together or without lawful authority, or during time of natural disaster or man -made calamity, and a request for additional law en- forcement officers is made to the City Manager of the City of College Station by such Mayor or Officer autho- rized to declare a state of emergency in such other county or municipality. (17) Direct the City Manager to have the Fire Chief of the City of College Station detail regularly employed Fire Department employees of the City of College Station to assist any other county or municipality, when in the opinion of the Mayor or other officer authorized to de- clare a state of civil emergency in such other county or municipality, there exists in such other county or mu- nicipality a need for the services of additional fire- fighters to protect the health, life, and property of such other county or municipality, its inhabitants, and the visitors thereto, during time of natural disaster or man -made calamity. SECTION 7. EMERGENCY MANAGEMENT PLAN: RESERVE POLICE FORCE A. POLICE RESERVE FORCE ESTABLISHED There is hereby established a police reserve force for the City of College Station, Texas. B. APPOINTMENTS Members of the police reserve force shall be appointed and /or relieved at the discretion of the Chief of Police and shall 279 04/30/86 serve as police officers during the actual discharge of of- ficial duties. C. AUTHORIZED NUMBER The police reserve force shall not exceed in number the total number of regular police officers authorized. D. SERVICE Members of the police reserve force shall serve at the dis- cretion of the Chief of Police and may be called into active service at any time the Chief of Police considers it neces- sary to have additional police officers to preserve the peace and enforce the law. E. COMPENSATION AND BENEFITS Members of the police reserve force may serve without compen- sation. Uniforms and uniform compensation may be provided to the reserve police officers at the discretion of the Chief of Police. The uniform compensation shall be based solely upon time served by the member of the police reserve while in training for or in the performance of official duties. The City of College Station may provide hospital and medical as- sistance to members of the police reserve force who sustain injury in the course of performing official duties, in the same manner as provided by the City of College Station for its full time police officers, and reserve officers shall be eligible for death benefits as set out in Chapter 86, Acts of 60th Legislature, Regular Session, 1967, as amended (Article 6228f V.T.C.S.); provided, however, that nothing in this sec- tion shall be construed to authorize or permit a member of the police reserve force to become eligible for participation in any pension fund created pursuant to state statue, to which regular officers may become a member by payroll deduc- tions or otherwise. Reserve police officers shall act only in a supplementary capacity to the regular police force and shall in no case assume the full -time duties of regular po- lice officers. 280 04/30/86 F. MINIMUM STANDARDS Reserve police officers must comply with the minimum training standards established by the Texas Commission on Law Enforce- ment Officers Standards and education minimum standards es- tablished for all reserve law enforcement officers identical to the standards so established which must be fulfilled be- fore a person appointed as a reserve law enforcement officer may carry a weapon or otherwise act as a peace officer. The Chief of Police shall establish qualifications and standards of training for members of the police reserve force and shall establish rules and regulations governing reserve police of- ficers. The Chief of Police may establish minimum physical, mental, educational, and moral standards as used by the regular po- lice department, but in no case shall the standards be less than that established by the Texas Commission on Law Enforce- ment Officers Standards and Education. SECTION 8. EMERGENCY MANAGEMENT PLAN: LIABILITY AND RESPONSI- BILITY The City assumes no liability for injury or death of volunteers in the performance of their duties as volunteers except that which is imposed by State law or any provision in any City ordi- nance or resolution of the City Council. The City employees as- signed to duty as part of the Emergency Management Program shall retain all of the rights, privileges, and immunities of City em- ployees, and shall receive the compensation incident to their regular employment. A. DUTIES OF THE CITY MANAGER It shall be the duty of the City Manager to advise the Mayor and perform the duties as required under this ordinance. It shall also be the duty of the City Manager to advise the May- or concerning existing contracts the City of College Station is party to. In the event of an emergency, the Mayor shall determine if the public interest and necessity can be met un- der the existing contract in question. If it is determined that it cannot, the Mayor shall be authorized to enter into other contracts for the health, safety, and welfare of the public. 281 04/30/86 B. DUTIES OF THE CITY ATTORNEY It shall be the duty of the City Attorney to advise the Mayor on legal procedures from the time that a public disturbance is imminent and throughout any that may arise. The City At- torney shall advise the Mayor on the legal procedures requi- site to the performance of his duties as determined by the State or United States Constitution, by State law, Federal law or local ordinance. C. PENALTY PROVISIONS It shall be a violation of this section for any person to wear or display in any manner any insignia, sign, or device purported to be for a volunteer except when the insignia has been duly issued by the office of the Mayor and is displayed in accordance with regulations established by the City Manag- er. It shall be unlawful for any person to give or cause to be given a false alarm of attack. Tampering with or damaging warning systems or equipment by any means whatsoever shall be considered a violation of this ordinance. Any violation of Section 4 -7 shall be punishable by a fine not to exceed $1,000 or confinement in jail for a term not to exceed 180 days, or both, upon conviction thereof, and each offense shall be deemed to be a separate violation and pun- ishable as a separate offense. 282 04/30/86 D. INTERPRETATION It is the policy of the City to avoid infringing on any con - stitutional right of any person. Each ordinance of the City shall be interpreted in accordance with the principles set out in this ordinance. If a section is capable of more than one interpretation, the interpretation which raises the least question of infringing on any right guaranteed by the United States Constitution or the Constitution of the State of Texas shall be deemed to be the intended construction. If the ap- plication of an ordinance provision to a particular set of facts is capable of more than one interpretation, the inter- pretation shall be made in accordance with the principles set out in this section. (Ordinance No. 1585 of April 11, 1985) SECTION 9: SOCIAL SECURITY A. CITY COUNCIL TO ACT ON BEHALF OF CITY The city council, acting for and on behalf of the City of College Station, shall enter into all necessary agreements with the Texas State Department of Public Welfare for the purpose of carrying out the provisions of the Federal Old - Age and Survivors Insurance Act, to include coverage for all police officers. (Ordinance No. 234 of July 23, 1956, as amended by Ordinance No. 486 of October 24, 1966) 283 04/30/86 B. MAYOR APPOINTED AS AGENT The mayor is hereby appointed as agent of the city council and of the city to execute all necessary agreements and instruments for and in behalf of said city council and city. C. ASSESSMENTS, COLLECTIONS, PAYMENTS, AND REPORTS The director of finance is hereby directed to be the person responsible for making assessments, collections, payments, and reports as required by the Texas Department of Public Welfare. D. SOCIAL SECURITY FUND CREATED A sufficient sum of money shall be allocated and set aside from available funds for the purpose of carrying out the provisions of the above - mentioned act. Such money so allocated and set aside shall be known as the "City of College Station Security Fund," which fund shall be set aside and maintained in the regular city depository. (Ordinance No. 234 of July 23, 1956) SECTION 10: TEXAS MUNICIPAL RETIREMENT SYSTEM A. CITY TO PARTICIPATE IN TMRS PROGRAM (1) City Council Exercises Option to Participate; Applicability On behalf of the City of College Station, Texas, the city council hereby exercises its option and elects to have the city and all of the employees of all departments, including the full time employees of the fire department, participate in the Texas Municipal Retirement System, as provided in Chapter 75, Acts of the 50th Legislature, as amended, being Article 6243h of Vernon's Annotated Civil Statutes, and all of the benefits and obligations of such system are hereby accepted. (Ordinance No. 697 of September 28, 1970) 284 04/30/86 (2) Mayor to Notify Board of Trustees The mayor is hereby directed to notify the board of trustees of the Texas Municipal Retirement System that the City of College Station, Texas, has elected to par- ticipate and have the employees of all city departments participate in such system; provided, however, that after the effective date of this section, any employee must serve a period of ninety (90) days before becoming eligi- ble for participation. (3) Membership a Condition of Employment Each person who becomes an employee of any participating department on or after the effective date of participa- tion of such department shall be included within and sub- ject to the provisions of the Texas Municipal Retirement System beginning upon the date such person becomes an employee as defined in such system. (4) City may Add Departments but not Discontinue Participants The City of College Station, Texas, may in the future refuse to add new departments or new employees to such system, but shall never discontinue as to any participants. (5) City Secretary to Remit City's Contributions The city secretary is hereby directed to remit to the board of trustees of the Texas Municipal Retirement System, at its office in Austin, Texas, the city's prop- er contributions to the system and the amounts which shall be deducted from the compensation or payroll of employees, all as required by said board under the provi- sions of Chapter 75, Acts of the 50th Legislature of the State of Texas, as amended. The said city secretary is hereby authorized and directed to ascertain and certify officially on behalf of the City of College Station, Texas, the prior service rendered to the said municipali- ty by each of the employees of the participating depart - ments, and the average prior service compensation re- ceived by each, and to make and execute all other reports and certificates, which may be required by the City of College Station, Texas, under the provisions of Chapter 24, Acts Regular Session, 51st Legislature, or the rules and regulations of the board of trustees of the Texas Municipal Retirement System. (Ordinance No. 184 of August 17, 1953) 285 04/30/86 (6) Deposit Rates; Earnings Considered in Calculating Deposits; Contributions to Current Service Annuity Reserve (a) Effective January 1, 1970, all employees of the City of College Station who are members of the Texas Municipal Retirement System shall make deposits to the system at the rate of five percent (5 %) of their individual earnings. However, this rate shall not be applied to earnings in excess of the maximum earnings subject to retirement deductions as fixed by ordinance. (Ordinance No. 657 of December 12, 1969) (b) The total earnings, which may be paid by the City of College Station to any of its employees who are members of the Texas Municipal Retirement System, shall be considered in calculating the amount to be withheld and the deposits and contributions to be made to the Texas Municipal Retirement System by reason of current service rendered by such employee to this city. (Ordinance No. 844 of October 20, 1972) (c) Effective January 1, 1970, for each month of current service thereafter rendered by each of its employees who are members of the Texas Municipal Retirement System, the city will contribute to the current service annuity reserve of each such member at the time of his retirement, a sum that is two hundred percent (200 %) of such member's accumulated deposits for such month of employment; and said sum shall be contributed from the city's account in the munici- pality current service accumulation fund. (Ordinance No. 659 of December 12, 1969) B. RESERVED 286 04/30/86 C. SUPPLEMENTAL BENEFITS FUND (1) City Council Elects to Participate The City of College Station, Texas, by its city council hereby elects to have the employees of all participating departments of said city participate in and be covered by the supplemental benefits fund of the Texas Municipal Retirement System, as provided by Chapter 312, Acts Regular Session, 56th Legislature; and all the benefits and obligations of participation in said fund are hereby accepted by the city as to such employees. (2) City Manager Directed to Notify Board The city manager is hereby directed to notify the board of trustees of the Texas Municipal Retirement System that the City of College Station, Texas, has elected to parti- cipate and have the employees of the above - mentioned de- partments participate in the supplemental benefits fund of said system. (3) City may Cover New Departments but not Discontinue Members Each person who becomes an employee of any participating department on or after the effective date of participa- tion of such department in said fund shall, as a condi- tion of his employment, be covered into the supplemental benefits fund of said system. The City of College Sta- tion, Texas, may in the future refuse to add new depart- ments or new employees to said fund, but shall never discontinue as to any members who are covered into the fund. 287 04/30/86 C. SUPPLEMENTAL BENEFITS FUND (1) City Council Elects to Participate The City of College Station, Texas, by its city council hereby elects to have the employees of all participating departments of said city participate in and be covered by the supplemental benefits fund of the Texas Municipal Retirement System, as provided by Chapter 312, Acts Regular Session, 56th Legislature; and all the benefits and obligations of participation in said fund are hereby accepted by the city as to such employees. (2) City Manager Directed to Notify Board The city manager is hereby directed to notify the board of trustees of the Texas Municipal Retirement System that the City of College Station, Texas, has elected to parti- cipate and have the employees of the above - mentioned de- partments participate in the supplemental benefits fund of said system. (3) City may Cover New Departments but not Discontinue Members Each person who becomes an employee of any participating department on or after the effective date of participa- tion of such department in said fund shall, as a condi- tion of his employment, be covered into the supplemental benefits fund of said system. The City of College Sta- tion, Texas, may in the future refuse to add new depart- ments or new employees to said fund, but shall never discontinue as to any members who are covered into the fund. 288 04/30/86 (4) City Secretary to Remit City's Contributions The city secretary is hereby directed to remit monthly to the board of trustees of the Texas Municipal Retirement System at its office in Austin, Texas, as the city's contributions to the supplemental benefits fund of the Texas Municipal Retirement System, such percentage of earnings of the above - mentioned employees of said city as may be fixed by the board of trustees of the Texas Municipal Retirement System; provided that the rate of contribution to said fund shall not exceed one -half (1/2) of one (1 %) of the earnings of the employees of said city who are covered under said fund; and such official shall make for the city such reports as the board of trustees of the Texas Municipal Retirement System may prescribe. (5) Effective Date Participation of the above - mentioned employees in the supplemental benefits fund shall be effective November 1, 1972. (Ordinance No. 845 of October 20, 1972) D. UPDATED SERVICE CREDITS (1) Authorization of Updated Service Credits (a) On the terms and conditions set out in Sections 63.401 through 63.403 of Title 110B, Revised Civil Statutes of Texas, 1925, as amended, each member of the Texas Municipal Retirement System who has cur- rent service credit or prior service credit in said System in force and effect on the 1st day of January 1986, by reason of service in the employment of the City of College Station, and on such date has at least 36 months of credited service with said sys- tem, shall be and is hereby allowed "Updated Ser- vice Credit" (as that term is defined in subsection (d) of Section 63.402 of said title) in an amount that is 100% of the "base Updated Service Credit" of the member (calculated as provided in subsection (c) of Section 63.402 of said title). The Updated Ser- vice Credit hereby allowed shall replace any Updated Service Credit, prior service credit, special prior service credit, or antecedent service credit previ- ously authorized for part of the same service. 289 04/30/86 (c) The membership of any member who has completed at least ten (10) years of creditable service with this city and other participating municipalities which have adopted the plan provisions of Section XX of Article 6243g, Vernon's Texas Civil Statutes shall not terminate because of absence from service, pro- vided he does not withdraw his deposits during such absence; and such member shall be eligible for re- tirement upon and after attainment of the minimum age prescribed by the act above mentioned. (d) Any person who is an employee of a participating de- partment of this municipality at the effective date of this subsection, but who at the date of his em- ployment was under sixty (60) years of age but did not become a member of the Texas Municipal Retire- ment System because he was then above the maximum age then prescribed by law for initial membership in the system, shall become a member of the system at the effective date of this subsection, unless he has already become a member under other provisions of the governing act, and shall be allowed prior ser- vice credit for each month of creditable service performed for this municipality subsequent to the date such person was precluded from membership and prior to the effective date of his membership. Such prior service credit shall be calculated using the same percentage of the base prior service credit as was most recently used in calculating prior service credits or updated service credits in said system for current member employees of this city. (2) Plan Provisions Heretofore Authorized The rights, credits, and benefits hereinabove authorized shall be in addition to the plan provisions heretofore adopted and in force at the effective date of this sub- section pursuant to the act governing said system. 292 04/30/86 (3) Effective Date This subsection shall become effective on the first (1st) day of the calendar month following its enactment; pro- vided it has previously been determined by the actuary for the system that the additional obligations herewith undertaken can be funded within the period prescribed by the act above cited, and will not result in probable de- pletion of this city's account in the prior service accu- mulation fund of the system. (Ordinance No. 1204 of January 24, 1980) SECTION 11: INDEMNIFICATION OF ELECTED AND APPOINTED OFFICIALS AND CITY EMPLOYEES A. The City of College Station shall indemnify and hold harmless all elected and appointed officers, including volunteers appointed by the City and employees of the City, from any and all claims, demands, causes of action, judgments or costs associated therewith, that may be brought or rendered against them in the performance of their duties as defined by the ex- pressed, written, or oral policy of the City Council of the City of College Station, or by direct order of the City Manager interpreting the directive of the City Council. B. Upon determination by the City Council that the official's or employee's conduct was not illegal, unlawful, willfully, or intentionally malicious, negligent or otherwise in viola- tion of the policy of the City Council of the City of Col- lege Station, the City Council shall designate legal counsel for the purpose of providing representation for said persons under the terms and provisions of this section. C. In the event that any person defended hereunder seeks the advice of and employment of outside legal counsel, the right to benefits hereunder shall be subject to approval of the City Council of the City of College Station. Approval by the City Council of the use of outside counsel shall be sub- ject to the reasonableness of the expenses incurred, the ap- propriateness and adequacy of any defense offered, as well as all other factors relating to the handling of any such claim or cause of action. 293 04/30/86 D. The City Council of College Station shall have no obligation for payment of any damages or expenses incurred by reason of illegal, unlawful, willful, or intentional acts of a malicious nature, negligent acts, or actions otherwise in violation of the policy of the City Council of the City of College Station. Nor shall the City of College Station have any obligation by operation of law to indemnify or hold harmless any individual from any award of punitive damages. (Ordinance No. 1644 of March 27, 1986) 294 04/30/86 (The next page is 298) CHAPT 9 SUBDIVISION S SECTION 1: AUTHORITY This chapter is adopted under authority of the constitu- tion and laws of the State of Texas, including particularly Chapter 231, Acts of the 40th Legislature, Regular Session, as heretofore or hereafter amended, compiled as Article 974a, V.A.C.S., the provisions of section 4 of the Municipal Annexation Act as heretofore or hereafter amended, compiled as Article 970a, V.A.C.S., and pursuant to the provisions of the charter of the City of College Station, Texas. SECTION 2: SCOPE AND PURPOSE 2 -A. This chapter shall govern all subdivisions (see definition of subdivision) of land within the corporate limits of the City of College Station, Texas, and within the extra- territorial jurisdiction of the city as established by the Municipal Annexation Act. Such area is extended to two (2) miles from the corporate limits surrounding the City of College Station, not a part of any other city, and if by law such distance is changed, this chapter shall apply to and be in conformity with the distances so approved by law or any amendments thereto. 2 -B. The subdivision of land is a major factor in the process of sound community growth and ultimately becomes a public responsibility in that the streets must be main- tained and the various public services customary to urban areas must be provided. The welfare of the entire community is thereby affected in many important respects. 298 Therefore, it is to the interest of the public, to the developer, and to the future owners, that the subdivi- sions be conceived, designed, and developed in accor- dance with sound rules and proper minimum standards. It is the intent of these regulations to encourage the growth of the City of College Station in an orderly manner. 2 -C. The provisions set forth in this chapter are intended to provide for harmonious development of the area, and are deemed to be the minimum requirements adopted by the city council for the protection of the public health, safety, and welfare. 2 -D. This chapter shall not apply to any lot or lots forming a part of a subdivision created and recorded prior to the effective date of this chapter, except for purposes of replatting or further subdivision thereof. SECTION 3: DEFINITIONS For the purpose of this chapter, certain words as used herein are defined as follows: Alley means a minor public way which provides a secondary means of vehicular access to the abutting property other- wise served from a public street. Access Way is a public right -of -way not less than ten feet (10') in width between property lines, with a paved side- walk, which provides for pedestrian circulation. Block is a tract or parcel of land designated as such on a duly recorded plat, surrounded by streets or other physical obstructions. Building Site means any undivided block or combination of blocks and parts of blocks, lots, or combination of lots and parts of lots, to be occupied by a building or multiple building complex. 299 City refers to the municipal corporation, City of College Station, Texas. City Council shall mean the duly and constitutionally elected governing body of the City of College Station, Texas. City Manager means the person employed as chief administra- tive officer of the City of College Station, Texas. City Attorney means the person employed as city attorney of the City of College Station, Texas. City Engineer means the person employed as city engineer of the City of College Station, Texas. Commercial is identified as land zoned for business or industrial property. County shall refer to the county of Brazos County, Texas. Commission shall refer to the duly appointed planning and zoning commission of the City of College Station, Texas. Cul -De -Sac is a street having but one (1) outlet to another street and terminating on the other end in a vehicular turnaround. Developer: See Subdivider. Dead End Street is a street, other than a cul -de -sac, with only one (1) outlet. Drainage Easement is an interest in land granted to the city for maintenance of a drainage channel, on which build- ing is prohibited, and providing for the entry and opera- tion of machinery and vehicles for maintenance. Easement: See Drainage Easement and Utility Easement. Engineer means a person duly authorized and licensed under the provisions of the Texas Engineering Registration Act, to practice the profession of engineering. Extraterritorial Jurisdiction, within the terms of the Texas Municipal Annexation Act, means the unincorporated area, not a part of any other city, which is contiguous to the corporate limits of the City of College Station, the outer boundaries of which are measured from the extremities of the corporate limits of the city, outward for such distances as may be stipulated in the Texas 300 Municipal Annexation Act, in which area, within the terms of the act, the city may enjoin the violation of its subdivision control chapter. Lot is physically an undivided tract or parcel of land as shown on a duly recorded plat. Major Street includes state highways, arterial streets, parkways, and boulevards. Master Plan refers to the Brazos Area Plan supplemented by other master plans as approved by the city council. Mobile Home Park means a parcel of land, under single ownership, which has been planned and improved for place- ment of mobile homes for nontransient use. See chapter 3, section 4 of this Code of Ordinances. May is permissive. Pavement Width means the portion of the surface of the street available for vehicular traffic; where curbs are used, it is the portion between the face of curbs. Planned Unit Development, PUD, means a parcel of land completely planned as a unit development, requiring special handling and approval. See section 11. Planning and Zoning Commission means the duly appointed planning and zoning commission of the City of College Station, Texas. Principal Street is a street so designated and indicated in the street regulation section of this Code of Ordinances, chapter 3, section 5. Shall is always mandatory. Street is a way for vehicular traffic, whether designated as a highway, residential street, arterial street, parkway, boulevard, business street, or industrial street. Subdivider means any person or persons, firm, or corporation subdividing a tract or parcel of land to be sold or otherwise handled for his own personal gain or use. Subdivision means the division of a lot, tract, or parcel of land into two (2) or more parts, lots, or sites, for the purpose, whether immediate or future, of sale, division 301 of ownership or building development. This also includes the resubdivision of land or lots which are a part of a previously recorded subdivision. Divisions of land for agricultural purposes, where no building construction is involved, in parcels of five (5) acres or more shall not be included within this definition, unless such subdivi- sion of five (5) acres or more includes the planning or development of a new street or access easement. An addition is a subdivision as is defined herein. Surveyor means a licensed state land surveyor or a registered public surveyor, as authorized by the Texas Land Surveyors Registration Pct. Utility Easement means an interest in land granted to the city, to the public generally, and /or to a private utility company, for installation or maintenance of utilities across, over, or under private land, together with the right to enter thereon with machines and vehicles as necessary for maintenance of such utilities. Zoning Ordinance refers to the duly enacted zoning ordinance of the City of College Station, Texas, adopted by reference in chapter 12, section 2 of this Code of Ordinances. Definitions not expressly prescribed herein are to be con- strued in accordance with customary usage in municipal planning and engineering practices. SECTION 4: SPECIAL PROVISIONS 4 -A. No building, repair, plumbing, or electrical permit shall be issued by the city for any structure on a lot in a subdivision for which a final plat has not been approved and filed for record, nor for any structure on a lot within a subdivision in which the standards contained herein or referred to herein have not been complied with in full. 4 -B. The city shall not repair, maintain, install, or provide any streets or public utilities or services in any sub - 302 division for which a final plat has not been approved and filed for record, nor in which the standards con- tained herein or referred to herein have not been complied with in full. 4 -C. The city shall not sell or supply water, gas, electricity, or sewerage within a subdivision for which a final plat has not been filed for record, nor in which the standards contained herein have not been complied with in full. 4 -D. In behalf of the city, the city attorney shall, when directed by the city council, institute appropriate action in a court of competent jurisdiction to enforce the provisions of this chapter or the standards referred to herein with respect to any violation thereof which occurs within the city, within the extraterritorial jurisdiction of the city, as such jurisdiction is determined under the Municipal Annexation Act, or within any area subject to all or part of the provisions of this chapter. 4 -E. If any subdivision exists for which a final plat has not been approved or in which the standards contained herein or referred to herein have not been complied with in full, the city council shall pass a resolution reciting the fact of such noncompliance or failure to secure final plat approval, and reciting the fact that the provisions of paragraphs A, B, C, and D of this section will apply to the subdivision and lots therein. The city secretary shall, when directed by the city council, cause a certified copy of such resolution under the corporate seal of the city to be filed in the deed records of the county. If such compliance and final plat approval are secured after the filing of such resolution, the city secretary shall forthwith file an instrument in the deed records of the county stating that paragraphs 4 -A., 4 -B., 4 -C., and 4 -D. no longer apply. 4 -F. Provided, however, that the provisions of this section shall not be construed to prohibit the issuance of permits for any lots upon which a residence exists and was in existence prior to the passage of this subdivision 303 chapter, nor to prohibit the repair, maintenance, or installation of any street or public utility service for, to, or abutting any lot, the last record conveyance of which prior to passage of this chapter was by metes and bounds, and /or any subdivision, or lot therein, recorded or unrecorded, which subdivision was in existence prior to the passage of this chapter. SECTION 5: VARIANCES 5 -A. The council and the commission may authorize a variance from the regulation when, in their opinion, undue hard- ship will result from requiring strict compliance. In granting a variance, the council and commission shall prescribe only conditions that it deems not prejudicial to the public interest. In making the findings herein - before required, the council and commission shall take into account the nature of the proposed use of the land involved, the existing use of land in the vicinity, the number of persons who will reside or work in the pro- posed subdivision, the possibility that a nuisance will be created, and the probable effect of such variance upon traffic conditions and upon public health, convenience, and welfare of the vicinity. No variance shall be granted unless the council and the commission find: 5 -A.1. That there are special circumstances or conditions affecting the land involved such that strict application of the provisions of this chapter will deprive the applicant of the reasonable use of his land; 5 -A.2. That the variance is necessary for the preserva- tion and enjoyment of a substantial property right of the applicant; 5 -A.3. That the granting of the variance will not be detrimental to the public health, safety, or welfare, or injurious to other property in the area, or to the city in administering this chapter; and 5 -A.4. That the granting of the variance will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of this chapter. 304 5 -B. Such findings of the commission, together with the specific facts upon which such findings are based, and such findings of the council, together with the specific facts upon which such findings are based, shall be incorporated into the official minutes of the meetings at which such variance is granted. Variances may be granted only when in harmony with the general purpose and intent of this chapter so that public health, safety, and welfare may be secured and sub- stantial justice done. SECTION 6: PROCEDURE AND PLAT REQUIREMENTS 6 -A. General The procedure for review and approval of a subdivision plat consists of five (5) steps. The subdivider shall first have a presubmission conference with the city planner, public works personnel, and liaison members from the commission and from the council. The second step is the preparation and submission to the commission of a preliminary plat of the proposed subdivision. The third step is the consideration of the preliminary plat by the city council. The fourth step is the preparation, submission, and approval by the commission of a final plat together with the required certificates and data. The fifth step is the consideration and approval by the council of the final plat. If favorable action has been taken by the council, the final plat becomes the instru- ment to be recorded in the office of the county clerk when duly signed by the chairman of the commission and the mayor. The construction documents when duly signed by the city engineer are authority to proceed with the construction of streets and utilities. Nothing in this procedure authorizes construction on private property. 6 -B. Presubmission Conference Prior to any conference with the commission or council, the subdivider shall have familiarized himself with the subdivision regulations and the zoning ordinance, and shall request a presubmission conference. The city 305 planner shall arrange a date and time for the conference, to be during business hours at the city hall, and to be held within ten (10) working days of the date of the request. The subdivider shall bring to this conference a city map with the proposed subdivision marked thereon, and drawings showing the limits of the subdivision, tentative street layouts, means of egress, access, and a general scheme of lot layout, utility service, and drainage provisions. He shall be prepared to discuss its conformity with the master plan of the city. 6 -C. Preliminary Plat 6 -C.1. At least ten (10) days prior to the meeting of the commission, at which time the preliminary plat is to be considered, the subdivider shall submit to the commission, through the city secretary, ten (10) copies of the preliminary plat, and a sepia of same, of the proposed sub- division, drawn to a scale of not less than one hundred feet (100') to one inch (1 "). The words "PRELIMINARY PLAT - NOT FOR RECORD" shall appear on the plat in letters one -half inch (2 ") high. The date the plat was submitted and the dates of any revisions shall legibly appear on the plat. 6 -C.2. The subdivider shall submit with the preliminary plat an application for approval on forms available in the planning department. 6 -C.3. Filing fees of ten dollars ($10.00) per plat, plus twenty -five cents ($0.25) per lot shall be paid to the city at the time of filing the preliminary plat. The fee shall be two dollars ($2.00) per acre for multiple dwelling areas, commercial, and /or industrial districts and other areas not subdivided into lots. Filing fees shall be paid by check and made payable to the City of College Station. Filing fees are not refundable, but shall not be required on subse- quent submittals of revised plats. 6 -C.4. The plat shall be drawn on sheets twenty -four inches (24 ") by thirty -six inches (36 ") with one and one -half inch (11/2") margin on the left side and three - fourths inch (3/4 ") margin on other sides. When more than one (1) sheet is necessary to accommodate the entire area, an index sheet at appropriate scale showing the entire area shall be attached. 306 6 -C.5. The plat shall conform to the general require- ment and minimum standards as set forth in section 8, and shall show specifically: 6- C.5.1. Name and address of subdivider, record owner, planner, engineer, and /or surveyor. 6- C.5.2. Proposed name of subdivision, which shall not have the spelling as, or be pronounced similar to the name of any other subdivision located within the city. 6- C.5.3. Name of contiguous subdivisions and names of owners of contiguous parcels of unsub- divided land, and an indication whether or not contiguous properties are platted. 6- C.5.4. Description by metes and bounds, of the subdivision. 6- C.5.5. Primary control points or descriptions and ties to such control points, to which, later, all dimensions, angles, bearings, block numbers, and similar data shall be referred. 6- C.5.6. Subdivision boundary lines, indicated by heavy lines, and the computed acreaae of the subdivision. 6- C.5.7. Existing features as follows: The location, dimensions, name and description of all recorded streets, alleys, reservations, easements, or other public or private rights -of- way within the subdivision, intersecting or contiguous with its boundaries or forming such boundaries. In the case of pipelines carrying flammable gas or fuel, the approximate location, size of line, design pressure and product trans- ported through the line shall be shown. The location, dimensions, description, and name of all existing or recorded lots, parks, public areas, permanent structures, and other sites within or contiguous with the subdivision. The location, dimensions, description, and flow line of existing watercourses and drainage structures within the subdivision or contiguous thereto. 6- C.5.8. Date of preparation, scale in feet, and north arrow. 307 6- C.5.9. Topographic information, including contours at two foot (2') intervals, flow line elevation of streams, and wooded areas. 6- C.5.10. The location, approximate dimensions, description and name of all proposed streets, alleys, drainage structures, parks, or other public areas, reservations, easements, or other rights -of -way, blocks, lots, and other sites within the subdivision. Proposed channel cross sections, if any. 6- C.5.11. A number or letter to identify each lot or site and each block. 6- C.5.12. Location of city limits line, and zoning district boundary, if within the area. 6- C.5.13. Vicinity map at a scale of not less than five hundred feet (500') per inch, which shall show existing subdivisions, streets, ease- ments, right -of -way, parks, and public facilities in the vicinity, and the general drainage plan and ultimate destination of water for a distance of one quarter (;) mile, and possible storm sewer, water, gas, electric, and sanitary sewer connections by arrows. 6- C.5.14. Show number of residential lots. 6 -C.6. If a change in zoning is comtemplated or necessary, the subdivider shall submit a formal request for zoning change as required under the zoning ordinance. 6 -C.7. Processing the Preliminary Plat 6- C.7.1. When the preliminary plat is received by the city planner with subdivider's application for approval and the filing fee, the city planner will date, stamp, and sign all copies as received, returning one (1)copy to the subdivider and immediately distribute the other copies to city departments concerned. 6- C.7.2. The planner will check the preliminary plat data, make an on -site inspection, and trans- mit one (1) copy of the plat to the commission with approval or suggestions as to modifications, additions, or alterations of such to conform with the standards and specifications contained or referred to herein. 308 6- C.7.3. The applicant will be advised by the city planner of the date set for commission consideration. 6- C.7.4. Within thirty (30) days after the preliminary plat is formally filed with the city, the commission shall approve or disapprove or conditionally approve the plat with modifications. Upon approval or conditional approval by the commission, the city planner shall forward the plat, minutes or reports, and findings of the commission to the council for approval or dis- approval. 6- C.7.5. The city council, at its first regular meeting held at least seven (7) days after the commission's action, shall consider the plat and shall approve or disapprove such plat or condition- ally approve such plat with modifications. Following formal action by the council, the city planner will transmit to the subdivider one (1) copy of the plat marked "APPROVED; "DISAPPROVED," or "CONDITIONALLY APPROVED" with the conditions stated on the plat. Approval or conditional approval will be the authority to proceed with the preparation of the final plat but does not consti- tute acceptance of the final plat. 6- C.7.6. Approval or conditional approval of a preliminary plat shall be effective for one (1) year from the date of such notice, unless reviewed by the commission in the light of new or signifi- cant information which would necessitate a revision, in which case the commission shall so inform the subdivider in writing. 6- C.7.7. If a final plat is not submitted within one (1) year of the effective date of approval, the commission may, upon written application of the subdivider, extend the approval for an addi- tional six (6) months. 6- C.7.8. The subdivider may and is encouraged to submit a master preliminary plat of the entire area he proposes to subdivide over a period of time, and indicate thereon his proposed plan of develop- ment by increments. After approval of this master preliminary plat, here the plat must be revised to conform to conditions imposed, if any, the sub - 309 divider may submit fractional final plats in accordance with the master preliminary plat by units or areas. Each increment or area must be adjacent to a preceding development or area. A master preliminary plat shall be effective for a period of one (1) year, and may be extended for an additional period of twelve (12) months, upon written request and approval of the commission. The approval of each increment as a final plat will extend the approval of the master preliminary plat for twelve (12) months. 6 -D. Final Plat 6 -D.1. General The final plat shall conform to the preliminary plat as approved by the commission and the council; and if desired by the subdivider, it may be a portion of a master preliminary plat as authorized in 6- C.7.8. above; provided it incorporates all changes, modifications, corrections, and conditions imposed by the commission and the council; and provided further, that it conforms to all require- ments of these regulations. 6 -D.2. Filing Fees There shall be a fee of twenty -five dollars ($25.00) for the filing of the final plat. Filing fees shall be paid by check payable to the City of College Station and given to the city secretary at the time the plat and other data are filed. 6 -D.3. Time of Filing Ten (10) copies of the final plat, together with a film positive thereof, two (2) sets of construc- tion plans and documents, tax payment certificates, and a formal application requesting approval, shall be filed with the city secretary, with the filing fee, at least fourteen (14) days prior to the meeting of the commission at which it is to be considered. A final plat will not be considered unless a preliminary plat has been filed and approved, except in the case of dedication of land for a street, park, school site, or drainage easements. 310 6 -D.4. Form and Content 6- D.4.1. The final plat shall be drawn on sheets twenty -four inches (24 ") by thirty -six inches (36 "), on a scale of one hundred feet (100') to one inch (1 "). Where more than one (1) sheet is required, an index sheet showing the entire subdivision, and drawn to a scale of not less than five hundred feet (500') per inch shall be attached. The construction plans shall be drawn on twenty -four inch (24 ") by thirty -six inch (36 ") sheets. 6- D.4.2. In addition to the various require- ments of the preliminary plat, the final plat shall also include the following, based on field survey and marked by monuments and markers: 6- D.4.2.1. The exact location, dimensions, name, and legal description of all existing or recorded streets, alleys, reservations, easements, or other rights -of -way within the subdivision, inter- secting or contiguous with the boundary or forming such a boundary with accurate dimensions, bearings or deflection angles and radii, area, center angle, degree of curvature, tangent distance, and length of all curves, where applicable. 6- D.4.2.2. The exact location, dimensions, description, and name of all proposed streets, alleys, drainage structures, parks, and other public areas, reservations, easements, or other rights -of -way, blocks, lots, and other sites within the subdivision, with accurate dimensions, bearings, or deflection angles, and radii, areas, center angle, degree of curvature, tangent distance, and length of curves, where applicable. 6- D.4.2.3. Lot corner markers and survey monu- ments shall be shown clearly by symbol, and clear- ly tied to basic survey datum. 6- D.4.2.4. The following certificates shall appear on the face of the plat: (See samples in Appendix A attached.) Certificate of Ownership and Dedication; Certificate of Surveyor and /or Engineer; Certificate of City Engineer; Approval of Commission; Approval of City Council; and Certificate of the County Clerk. 311 6- D.4.3. When filed, the plat shall be accom- panied by the construction documents as prescribed below, in duplicate, and bearing the seal and signature of a registered professional engineer. All shall be in accordance with city engineering standards. 6- D.4.3.1. Street, alley, and sidewalk plans, profiles, and sections, with specifications and detail cost estimates. 6- D.4.3.2. Sanitary sewer plat with two foot (2') contours, plan and profile lines, showing depth and grades, with cost estimates. 6- D.4.3.3. Water line plat showing fire hydrants, valves, etc., with specifications and a detailed cost estimate. This may be combined with 6- D.4.3.2. 6- D.4.3.4. Storm drainage system plat with two foot (2') contours, street lines, inlets, storm sewer and drainage channels with profiles and sections, and showing drainage and runoff areas, and runoff based on five (5), ten (10), and twenty - five (25) year rain intensity. Detail drainage structure design and channel lining design if used, with specifications and detail cost estimate. 6- D.4.3.5. Street lighting plan showing location of lights, design, and with specifications and detail cost estimate. 6- D.4.4. When filed, the final plat shall also be accompanied by certificates from all taxing agencies showing payment of all ad valorem taxes on the land within the subdivision. 6 -D.5. Processing the Final Plat 6- D.5.1. When the final plat, together with the accompanying data, filing fee, and the application for approval is received by the city secretary, it will be handled in the same manner and under the same time schedule as prescribed above for a preliminary plat. 6- D.5.2. Within thirty (30) days after the final plat is formally filed, the commission shall recommend to the council approval, disapproval, or conditional approval of such plat. The city 312 planner shall forward the plat and the minutes or report of findings of the commission to the city council. 6- D.5.2.1. The city council, at its first regular meeting held at least seven (7) days after the commission's action, shall consider the plat and the recommendations of the commission and shall approve or disapprove such plat, or conditionally approve with modifications. Follow- ing formal approval by the council, the mayor shall be authorized to sign the plat after any required modification is made. Should the plat be disapproved, the subdivider shall be notified in writing of the disapproval and the reasons therefore as stated in the minutes of the council. 6- D.5.3. After conditional approval of a plat, the subdivider shall notify the city engineer within ten (10) days as to the construction pro- cedure he proposes to follow. He shall follow one (1) of the following procedures: 6- D.5.3.1. The subdivider may proceed with construction of streets, alleys, sidewalks, and utilities that he is required to install, in which case the city will inspect the work as it progresses, and upon completion and final acceptance, and upon written request of the sub- divider, the final plat will be approved and filed for record with the county clerk. The subdivider shall pay the record filing fee. 6- D.5.3.2. The subdivider may elect to file a "guarantee of performance" as provided in section 7, in which case the guarantee of performance shall be filed with the city secretary, together with a request that the plat be filed for record. In this case, the final plat will be approved and filed with the county clerk. The subdivider shall pay the record filing fee. The city will inspect the construction work as it progresses and will make the final inspection to assure compliance with city requirements. 6- D.5.4. Upon completion of construction, the subdivider shall deliver to the city a one (1) year guarantee of workmanship and materials as provided in section 7. 313 SECTION 7: GUARANTEE OF PERFORMANCE 7 -A. If the subdivider elects to construct the required improvements prior to recording of the plat, after such plat has been approved, all such construction shall be inspected while in progress, by the city engineering department, and must be approved upon com- pletion by the city engineer. A certificate by the city engineer that the construction conforms to the plans and specifications and the standards contained in or referred to herein must be presented to the commission prior to approval of the final plat. 7 -B. If the subdivider decides or elects to file security in lieu of completing construction prior to final plat approval, he may utilize one (1) of the following methods of posting security. If the subdivider elects to file security, the plat shall not be approved unless the subdivider has done one (1) of the following: 7 -B.1. Performance Bond Has filed with the commission a bond executed by a surety company holding a license to do business in the State of Texas, and acceptable to the City of College Station on a form approved by the city, in an amount of the improvements required by this chapter and the time of comple- tion of the improvements as estimated by the city engineer. The performance bond shall be approved as to form and legality by the city attorney; or 7 -B.2. Trust Agreement Has placed on deposit in a bank or trust company in the name of the city, and approved by the city, in a trust account, a sum of money equal to the estimated cost of all improvements required by this chapter, the cost and the time of completion as estimated by the city engineer; selection of the trustee shall be subject to approval by the city and the trust agreement shall be executed on the form provided by the city and approved as to form and legality by the city attorney. Periodic withdrawals may be made from the trust account for a progress payment of installation costs. The amount of withdrawals shall be based 314 upon progress work estimates approved by the city engineer. All such withdrawals shall be approved by the trustee; or 7 -B.3. Unconditional Guarantee from Local Bank or Local Savings & Loan Association or Other Financial Institution as Approved by the City of College Station Has filed with the commission a letter, in form approved by the city, signed by a principal officer of a local bank, local savings and loan association, or other financial institution, acceptable to the city, agreeing to pay to the City of College Station, on demand, a stipulated sum of money to apply to the estimated cost of installation of all improvements for which the subdivider is responsible under this chapter. The guaranteed payment sum shall be the estimated costs and scheduling as prepared by the subdivider's engineer and approved by the city engineer. The letter shall state the name of the subdivision and shall list the improvements which the subdivider is required to provide. 7 -C. If one (1) of the three (3) types of security is filed by the subdivider under paragraph 7 -B of this section, the city engineer shall inspect the construction of improve- ments while in progress, and shall inspect such improve- ments upon completion of construction. After final inspection, he shall notify the subdivider and the city attorney in writing as to its acceptance or rejection. He shall reject such construction only if it fails to comply with the standards and specifications contained or referred to herein. If he rejects such construction, the city attorney shall, on direction of the city council, proceed to enforce the guarantees provided in this chapter. 7 -D. When good cause exists, the city engineer may extend the period of time for completion under paragraph 7 -B of this section. Such extension of time shall be reported to the commission and recorded in the minutes. No such extension shall be granted unless security, as provided in said paragraph 7 -B, has been provided by the subdivider covering the extended period of time. 315 7 -E. Neither the subdivider nor the contractor, nor subcon- tractor shall make a connection to or tap into the city water distribution system, electric system, or sanitary sewer system. The subdivider shall furnish all necessary materials to make the final tap or connection. 7 -F. The subdivider shall require his construction contractors, with whom he contracts for furnishing materials and for installation of the improvements required under this chapter, and shall himself be required to furnish to the city a written guarantee that all workmanship and materials shall be free of defects for a period of one (1) year from the date of acceptance by the city engineer. SECTION 8: GENERAL REQUIREMENTS AND MINIMUM STANDARDS OF DESIGN 8 -A. Community Assets In all subdivisions, due regard shall be shown for all natural features such as trees, watercourses, historical spots, and similar community assets, which, when preserved, will add attractiveness and value to the property. 8 -B. Suitability of Lands The commission shall not approve the subdivision of land if, from adequate investigations conducted by all public agencies concerned, it has been determined that in the best interest of the public, the site is not suitable for platting and development purposes of the kind proposed. Land subject to flooding and land deemed to be topograph- ically unsuitable shall not be platted for residential occupancy, nor for such other uses as may increase danger to health, life, or property, or aggravate erosion or flood hazard. Such land within the plat shall be set aside for such uses as shall not be endangered by periodic or occasional inundation or shall not produce unsatisfactory living conditions. 316 8 -C. Large Tracts or Parcels When land is subdivided into larger parcels rather than ordinary building lots, such parcels shall be arranged so as to allow for the opening of future streets and logical further subdivisions. If the comprehensive plan of the city requires principal streets to cross the subdivision, the right -of -way shall be dedicated to the public. 8 -D. Zoning and Other Regulations No plat of land within the force and effect of an existing zoning ordinance shall be approved unless it conforms to such zoning or other pertinent regulations. 8 -E. Reserved Strips Prohibited There shall be no reserved strips controlling access to land dedicated or intended to be dedicated to the public. 8 -F. Standards All construction on streets, alleys, or easements shall be designed and constructed in accordance with city engineering standards and specifications, and in particular regard for the street regulation section. 8 -G. Streets 8 -G.1. Street Layout Adequate streets shall be provided by the subdivider such that the arrangement, character, extent, width, and grade of each shall conform to the comprehensive plan of the city and shall be considered in their relation to existing and planned streets, to the topographical conditions, to the public safety and convenience, and to their appropriate relationship to the proposed use of the land to be served by such streets. 317 8 -G.2. Relation to Adjoining Street Systems Where necessary to the neighborhood pattern, existing streets in adjacent or adjoining areas shall be continued, in alignment therewith. Where adjoining areas are not subdivided, the arrange- ment of streets in the subdivision shall make provision for the proper projection of streets into such areas. 8 -G.3. Street Jogs Whenever possible, street jogs with centerline offsets of less than one hundred twenty -five feet (125') shall be avoided. 8 -G.4. Half Streets No half streets shall be platted. 8 -G.5. Dead -end Streets Dead -end streets shall be prohibited except as short stubs to permit extension. Temporary turn- arounds may be required. 8 -G.6. Cul -de -Sacs Cul -de -sacs shall not exceed six hundred feet (600') in length to radius point, and shall terminate in a turnaround not less than one hundred feet (100') in diameter, with a pavement diameter of eighty feet (80'). 8 -G.7. Street Intersections Acute angles between streets at their inter- sections are to be avoided. 8 -G.8. Principal Streets on Master Plan Where a subdivision embraces a principal street as shown on the master plan of the city, such street shall be platted to maintain continuity in the approximate location as shown, and of the type indicated. In certain cases the city may have constructed a street through the area to be subdivided, in which case the subdivider shall develop the necessary street intersections at 318 his expense, in accordance with the requirements of this chapter. The planning commission may require that, where practical, residential lots adjacent to arterial streets or parkways be platted or restricted so as to prevent driveway opening into such streets. 8 -G.9. Minor Streets Minor streets shall be laid out to discourage their use of through traffic. 8 -G.10. Geometric Standards Refer to street regulation section for other requirements. Residential Collector Arterial Parkway Commercial Right -of -Way Width 50 ft. 60 ft. 70 ft. 80 ft. 70 ft. NOTE: The above right -of -way widths are based on the subdivider's providing utility easements back of lots facing on such streets; if such easements are not provided, the city engineer will prescribe the right -of -way widths. Pavement Width between Curbs 27 ft. 38 ft. 46 ft. 56 ft. 46 ft. Traffic Lanes 1 2 4 4 2 Parking Lanes 2 2 none none 2 Median none none 2 ft. 12 ft. 2 ft. Minimum Grade .4% .4% .4% .4% .4% Maximum Grade 6% 4% 4% 4% 4% Minimum Radius Centerline 200 ft. 400 ft. 600 ft. 800 ft. 500 ft. Minimum Tangent between Curves 50 ft. 75 ft. 100 ft. 100 ft. 100 ft. Sidewalk * 4 ft. 4 ft. 4 ft. 4 ft. * Sidewalk on residential and collector streets will be optional at the recommendation of the planning and zoning commission. 319 8 -G.11. Street Names New streets shall not only be named so as to provide continuity of existing streets, but shall be named to prevent conflict with identi- cal or similar names in other parts of the city. New streets shall not be named after any living person. 8 -H. Alleys 3 -H.1. Alleys may be required at the rear of all lots intended to be used for business purposes and may be provided in residential areas. 8 -H.2. Alleys shall generally be parallel to the street, shall be not less than twenty feet (20') wide and shall be paved under city engineering standards. The right -of -way for alleys shall be dedicated to the public. 8 -H.3. Where two (2) alleys intersect, or where an alley turns, additional width may be required to allow turning of vehicles or guying of utility poles. 8 -H.4. Dead -end alleys shall not be permitted, except where the alley is one hundred feet (100') or less in length. 8 -H.5. In all alleys, overhead easements of at least four feet (4') in width shall be provided on each side of the alley right -of -way over which the aerial electric and communication lines must hang. This easement is not required when the electric and communication lines are placed underground. 8 -I. Easements 8 -I.1. Drainage Easements Where a subdivision is traversed by a watercourse, drainage way, natural channel or stream, there may be required a drainage easement or right -of- way conforming substantially to the limits of such watercourse, plus additional width to accommodate future needs as determined by the city engineer. No construction, including fences, shall impede, construct, or block the flow of water in any 320 easement or natural watercourse. Such easement shall not be considered a part of the lot area for purposes of minimum lot size requirements of the zoning ordinance. Drainage easements may be used for utilities. 8 -I.2. Utility Easements 8- I.2.1. Each block that does not contain an alley as provided in 8 -H above, shall have a utility easement at the rear of all lots, reserved for the use of all utility lines, conduit, and equipment. These utility easements shall be twenty feet (20') in width, taken ten feet (10') from each lot where the rear of the lots abut each other, and shall be continuous for the entire length of the block. These easements shall be parallel as closely as possible to the street line frontage of the block. 8- I.2.2. Normal curb section shall be required where utility easements intersect streets. 8- I.2.3. Where utility easements are not them- selves straight within each block, or if the same do not connect on a straight course with utility easement of adjoining blocks, then an additional easement shall be provided for the placement of guy wires on lot division lines in order to support poles set on curving or deviat- ing right -of -way or easements. 8- I.2.4. Utility easements may be required across parts of lots other than as described above upon recommendation of the city engineer. Where the proposed subdivision adjoins an unplatted area, the full twenty foot (20') width of easement may be required along the rear of lots adjoining the unplatted area. 8- I.2.5. Utility easements may be fenced if un- locked gates are provided to allow free movement of excavating machines, maintenance equipment, and personnel throughout the full length of the easement. 8- I.2.6. Overhead easements required same as for alleys, see 8 -H.5. 321 8 -J. Blocks 8 -J.1. Blocks generally shall be platted to provide two (2) tiers of lots with a utility easement or alley between them, with proper regard for drainage channels, wooded areas and other topo- graphical features lending themselves to attrac- tive treatment. 8 -J.2. Block length shall not exceed one thousand two hundred feet (1,200') in single - family residential areas and shall not exceed eight hundred feet (800') in other areas. In blocks over eight hundred feet (800') in length there may be required, near the center of the block, an access way as hereafter defined. An access way may be required at the end of a cul -de -sac to facilitate pedestrian traffic movement. 8 -K. Lots 8 -K.1. Side lot lines which make acute angles with front lot lines shall be avoided where practical. In general, an arrangement placing adjacent lots at right angles to each other shall be avoided. 8 -K.2. Lot size and setback lines shall be in accordance with zoning requirements. Lots abutting on access ways shall be treated as corner lots. 8 -L. Access Way Access ways, where required, shall have a ten foot (10') right -of -way, dedicated to the public. A four foot (4') sidewalk shall be constructed in the center of the right - of -way conforming to city engineering standards. 8 -M. Sidewalks 8 -M.1. Sidewalks of four feet (4') minimum width shall be required on both sides of all streets having a right -of -way width greater than sixty feet (60') and on one (1) side of streets of sixty feet (60') right -of -way. Sidewalks may be required on 322 3 at least one (1) side of streets of lesser width. Sidewalks shall be placed within the right -of -way as determined by the city engineer and when so specified. 8 -M.2. Exceptions to or partial waiver of the require- ments of 8 -M.1. may be granted by the city council upon recommendation of the planning and zoning commission and when it has been determined that satisfactory alternative pedestrian ways or pedestrian /bikeways have been or will be provided outside the normal right -of -way; or that unique circumstances or unusual topographic, vegetative, or other natural conditions prevail to the extent that strict adherence to said requirements would be unreasonable and not consistent with the purposes and goals of this chapter or the compre- hensive development plan. 8 -N. Water Supply 8 -N.1. All subdivisions shall be provided with water supply and distribution systems for fire protec- tion and domestic use as approved by the city engineer. 8 -N.2. Fire hydrants of City of College Station standard design shall be installed as a part of the water distribution system at locations approved by the city engineer. Fire hydrants in single - family and duplex districts shall be spaced in such a manner that no part of a building site on any lot shall be more than five hundred feet (500') from a fire hydrant as measured along the right -of -way of a public street. Fire hydrants in all other districts shall be spaced in such a manner that no part of any structure shall be more than three hundred feet (300') from a fire hydrant as measured along the right -of -way of a public street or along an approved fire lane, and the installation of hydrants in such districts may be deferred and required as a condition of the building permit for structures in the subdivision. 323 8 -0. Sanitary Sewers 8 -0.1. All subdivisions shall be provided with an approved sanitary sewerage system, meeting the standards of the city engineering department. Curved sewers of not less than one hundred foot (100') radius are accepted, manholes of not over five hundred foot (500') spacing. 8 -0.2. If the sewerage system includes treatment facilities, the plan must be approved by the Texas State Department of Health, and subdivider must have a permit for the discharge of effluent from the Texas Water Quality Board, before approval by the commission. 8 -P. Drainage Drainage shall be provided to handle runoff as calculated, street inlets for a five (5) year rain, storm sewers for a five (5) year rain, and bridges for a twenty -five (25) year rain, all as approved by the city engineer. Water shall not be carried on the street for a distance greater than a five (5) year rain will overflow the curb. Drain- age shall be handled in natural stream channels insofar as practical. No construction shall impede, constrict, or block the flow of water in any natural or improved watercourse. 8 -Q. Utility Lines All utility lines that pass under streets or alleys shall be installed before the street or alley is paved, with embedment, backfill, and depths as approved by the city engineer, or the crossing shall be bored. 8 -R. Gas or Oil Lines High pressure flammable gas or fuel lines are defined as those which are operated or may be expected in the future to operate at a pressure of over sixty (60) pounds per square inch. High pressure flammable gas or fuel lines, installed on public property, shall be buried with a minimum cover of thirty inches (30 "), and shall be marked by an all - weather type sign, installed at each street 324 crossing and at intervals of not more than three hundred feet (300'). The signs shall be installed by the utility company, state that the line is high pressure, and shall name the product or products transported therein. 8 -S. Street Lights Street lights, of a design approved by the city engineer, shall be installed at all street intersections and access ways, and at not more than five hundred foot (500') intervals along streets. Street lights consisting of pole, luminaire, and wiring within the poles, shall be installed by the subdivider. Cul -de -sacs more than three hundred feet (300') in length shall be lighted. 8 -T. Electric Service At the option of the subdivider, all single phase electric lines and communications lines may be installed underground. See 9 -F.1. for the cost to the subdivider to provide the underground electric lines. Where it is known that overhead electric feeder lines will be required through the subdivision, the subdivider will be required to provide a utility easement in the location indicated. The subdivider shall clear all easements where overhead electric lines are to be installed. 8 -U. Monuments and Corner Markers 8 -U.1. All block corners, angle points and points of curves, and all corners of boundary lines of subdivisions shall be marked with a one -half inch (1/2") steel rod, two feet (2') in length, set in the center of a concrete monument six inches (6 ") in diameter and thirty inches (30 ") deep, with the top flush with the finished ground surface. 8 -U.2. Where, due to topographic conditions, permanent structures or other conditions, the view is obstructed between any two (2) adjacent monuments, intermediate monuments shall be set so as to assure a clear view between adjacent monuments. 325 8 -U.3. Corner markers, consisting of a one -half inch (1/2 ") steel rod or three- fourths inch (3/4 ") pipe, two feet (2') in length, shall be driven flush with the ground surface to mark the corners of all lots. SECTION 9: RESPONSIBILITY FOR PAYMENT FOR INSTALLATION COSTS 9 -A. General The subdivider shall pay all costs of materials and installation of streets, alleys, sidewalks, drainage, and utilities, except as otherwise provided. (Ordinance No. 690 of July 15, 1970, as amended) 9 -B. Streets The city will pay for street right -of -way in excess of seventy feet (70') width and will pay for street paving width in excess of forty -seven feet (47'), where they are not required by the city. (Ordinance No. 1406 of January 27, 1983) 9 -C. Water Supply Where the city requires water pipe lines over and above the size required for the subdivision and the same ex- ceeds eight inches (8 ") in diameter, the city will pay the extra cost of the pipe. The price differential will be determined on the basis of subdivider's bid, inspected and approved by the city engineer. 9 -D. Sanitary Sewers Where the city requires sanitary sewers of a size and depth over and above the size required for the sub- division and the same exceeds eight inches (8 ") in diameter, the city will pay the extra cost. The price differential will be determined on the basis of sub - divider's bid, inspected and approved by the city en- - gineer. 326 12/31/83 9 -E. Bridges The city will participate in the extra cost of large drainage structures on principal streets shown on the master plan of streets, according to established policy. 9 -F. Electric Service Overhead electric services will be installed by the city at no cost to the subdivider. If the subdivider elects the option to place single phase electric lines underground, the city will install the electric lines at a cost to the subdivider of the average amount the cost of underground facilities ex- ceeds the cost of overhead facilities. In any commercial or industrial area of a subdivision, the city will provide underground electric service inso- far as practical to do so, if requested to do so by the developer. In each instance, the city shall compute the amount the cost of the underground facilities exceeds the cost of overhead facilities and shall charge the developer this sum. 9 -G. Street Lights The subdivider shall select and install the type of street light, pole, and luminaire, of a design approved by the city engineer, and shall pay the cost of secondary electric lines to the street lights, and the original installation cost to the city. The city will then maintain the street lights and furnish electric energy. 9 -H. Street Signs The city will install street signs at no cost to the subdivider. 327