ADOPTING ORDINANCE

ORDINANCE NO. 1-1996-1

AN ORDINANCE OF THE CITY OF CHICO, TEXAS, ADOPTING AND ENACTING A REVISED CODE OF ORDINANCES, ESTABLISHING THE SAME AND PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED IN SUCH CODE; PROVIDING FOR THE DESIGNATION OF SUCH CODE AND HOW IT MAY BE CITED; PROVIDING FOR CATCHLINES OF SUCH CODE; PROVIDING FOR CERTAIN DEFINITIONS AND RULES OF CONSTRUCTION FOR SUCH CODE; PROVIDING FOR THE AMENDMENT OR ADDITION TO SUCH CODE; PROVIDING FOR SUPPLEMENTATION TO SUCH CODE; ESTABLISHING A GENERAL PENALTY FOR VIOLATIONS OF THE REVISED CODE AND ALL ORDINANCES OF THE CITY IN THE AMOUNT OF NOT MORE THAN FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE, EXCEPT VIOLATIONS OF PROVISIONS THAT GOVERN FIRE SAFETY, ZONING, AND PUBLIC HEALTH AND SANITATION, INCLUDING DUMPING OF REFUSE, IN WHICH CASE THE MAXIMUM PENALTY FOR VIOLATION SHALL BE TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING FOR SEVERABILITY OF PARTS OF THE CODE; PROVIDING FOR ADOPTION OF THE NEW PROVISIONS AND REGULATIONS INCORPORATED IN SAID CODE OF ORDINANCES, INCLUDING ACCEPTING THE PROVISIONS OF A TYPE A GENERAL-LAW MUNICIPALITY AS THE LOCAL FORM OF GOVERNMENT FOR THE CITY; ESTABLISHING THE OFFICIAL NEWSPAPER OF THE CITY; REQUIRING A MAP SHOWING THE CITY BOUNDARIES; ESTABLISHING REGULATIONS AND PROCEDURES FOR HANDLING ABANDONED, SEIZED, SURPLUS, AND WORTHLESS PROPERTY; ESTABLISHING AN EQUAL OPPORTUNITY POLICY FOR THE CITY; REQUIRING THE MARKING OF CITY VEHICLES AND EQUIPMENT; ESTABLISHING CHARGES FOR COPYING PUBLIC RECORDS; ESTABLISHING PROCEDURES FOR MAKING CLAIMS FOR DAMAGES AGAINST CITY; AUTHORIZING EMERGENCY ACTION OF CITY OFFICERS; PROVIDING FOR MEMBERSHIP IN THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS AND TEXAS MUNICIPAL LEAGUE; INCORPORATING TEXAS LOCAL GOVERNMENT CODE BY REFERENCE INTO CITY CODE OF ORDINANCES; AUTHORIZING CITY COUNCIL TO PASS AND ENFORCE ORDINANCES AND REGULATIONS; PROVIDING FOR THE STYLE, ACTING UPON, RECORDING, PUBLICATION, VETOING OF ORDINANCES AND RESOLUTIONS; PROVIDING FOR THE APPROVAL OF LEGAL DOCUMENTS; ESTABLISHING PROCEDURAL RULES FOR CONDUCT OF CITY COUNCIL MEETINGS; CREATING A POLICE DEPARTMENT; PROVIDING FOR CITY COUNCIL AUTHORITY TO CREATE COMMISSIONS, COMMITTEES, AND DEPARTMENTS; PROVIDING FOR APPOINTMENT AND BONDING OF POLICE OFFICERS; ESTABLISHING QUALIFICATIONS FOR AND DUTIES OF POLICE OFFICERS; PROVIDING FOR UNIFORMS, BADGES, AND ARMAMENT OF POLICE OFFICERS; ADOPTING A POLICE DEPARTMENT POLICIES MANUAL; ESTABLISHING A POLICE RESERVE FORCE; PROVIDING FOR APPOINTMENT, REMOVAL, QUALIFICATIONS, WORKING CONDITIONS, STANDARDS, DUTIES, IMPERSONATION OF, AND REPORTING REQUIREMENTS FOR MEMBERS OF THE POLICE RESERVE; PROVIDING FOR THE SUMMONING OF A SPECIAL POLICE FORCE BY THE MAYOR; ADOPTING THE STATE MUTUAL LAW ENFORCEMENT AID LAW PROVISIONS AND PROVIDING FOR THE COMMISSIONING OF CITY POLICE TO OTHER CITIES; CREATING A MUNICIPAL COURT; ESTABLISHING PROCEDURES FOR THE MUNICIPAL COURT; ESTABLISHING FEES FOR CERTAIN COURT ACTIVITIES; CREATING THE OFFICE OF MUNICIPAL JUDGE AND ESTABLISHING QUALIFICATIONS AND CONDITIONS FOR SUCH OFFICE; CREATING THE OFFICE OF MUNICIPAL COURT CLERK AND ESTABLISHING DUTIES FOR SUCH OFFICE; ESTABLISHING JURY DUTY PAY; PROVIDING FOR MUNICIPAL ELECTIONS TO BE GOVERNED BY STATE AND FEDERAL LAW; REQUIRING THE MAYOR TO ORDER ELECTION; ADOPTING A VOTING SYSTEM AND ESTABLISHING ELECTION OFFICERS AND BALLOT REQUIREMENTS; PROVIDING FOR ABSENTEE VOTING AND BALLOT BOARD; ESTABLISHING TIME AND PLACE OF VOTING; REQUIRING ELECTION NOTICE TO BE PUBLISHED AND POSTED; ESTABLISHING ELIGIBILITY REQUIREMENTS FOR CANDIDATES AND FOR VOTING; ESTABLISHING ELECTION SUPPLIES, VOTING BOOTHS, AND BALLOT BOXES; AUTHORIZING WRITE-IN CANDIDATES; ESTABLISHING GENERAL REQUIREMENTS FOR APPLICATION AND OFFICIAL APPLICATION FORM; REQUIRING POLITICAL CONTRIBUTIONS AND EXPENDITURES BY CANDIDATES TO BE FILED; ESTABLISHING CANVASS OF ELECTION RETURNS; REQUIRING PRESERVATION OF ELECTION RECORDS; ESTABLISHING RECOUNT OF BALLOTS AND THE TAKING OF OFFICE; DESIGNATING A FISCAL YEAR FOR THE CITY; DESIGNATING THE OFFICIAL DEPOSITORY OF THE CITY; PROVIDING FOR AN ANNUAL BUDGET OF EXPENDITURES FOR CITY FUNDS AND ESTABLISHING PROCEDURES FOR DEVELOPMENT, ADOPTION, AND FILING OF SUCH BUDGET; REQUIRING AN ANNUAL AUDIT OF CITY FUNDS AND EXPENDITURES; REQUIRING FINANCIAL REPORTS BY AGENCIES FUNDED BY THE CITY; ESTABLISHING PROCEDURES FOR HANDLING FORFEITURES; AUTHORIZING LEVY OF PROPERTY TAX; PROVIDING FOR PARTICIPATION IN APPRAISAL DISTRICT, TAX DUE DATE, ADDITIONAL COLLECTION COST PENALTY, AND TAX CERTIFICATES; AUTHORIZING LOCAL SALES AND USE TAX; AUTHORIZING SALES TAX ON RESIDENTIAL UTILITY SERVICES; AUTHORIZING A TELECOMMUNICATIONS SERVICES TAX; ESTABLISHING A HOTEL/MOTEL TAX, PROVIDING FOR ITS COLLECTION, REPORTING, AND REGULATION, ESTABLISHING PENALTIES FOR ITS VIOLATION; ESTABLISHING COMPETITIVE BIDDING REGULATIONS AND PROCEDURES; ESTABLISHING A CONTRACTOR'S BOND AND TRENCH EXCAVATION PLAN; ESTABLISHING PROCEDURES AND REQUIRING HEARINGS AND NOTICE FOR THE ANNEXATION AND DISANNEXATION OF PROPERTY BY THE CITY; ESTABLISHING AN EMERGENCY MANAGEMENT PROGRAM, PROCEDURES, REGULATIONS, FUNDING, AND PENALTIES; PROVIDING FOR CITY COUNCIL APPOINTMENT OF OFFICERS OF THE CITY AND CONDITIONS OF APPOINTMENT; CREATING OFFICE OF CITY SECRETARY AND ESTABLISHING BOND AND DUTIES OF SUCH OFFICE; CREATING OFFICE OF CITY TREASURER AND AUTHORIZING CITY SECRETARY TO FILL SUCH OFFICE; CREATING OFFICE OF CITY ASSESSOR AND COLLECTOR AND AUTHORIZING CITY SECRETARY TO FILL SUCH OFFICE; CREATING OFFICE OF CITY ATTORNEY AND AUTHORIZING COUNCIL TO CONTRACT TO FILL SUCH OFFICE; CREATING OFFICE OF DIRECTOR OF PUBLIC WORKS AND ESTABLISHING DUTIES OF SUCH OFFICE; ABOLISHING THE OFFICE OF CITY MARSHAL; CREATING THE OFFICE OF CHIEF OF POLICE AND PROVIDING FOR APPOINTMENT AND TERMINATION; ESTABLISHING OFFICE, DUTIES, RIGHTS, AND LIABILITY OF BUILDING INSPECTOR; ADOPTION OF CITY PERSONNEL RULES AND POLICIES; AUTHORIZING SOCIAL SECURITY BENEFITS AND ESTABLISHING MAYOR AS AGENT AND CITY SECRETARY AS ADMINISTRATOR THEREOF; DECLARING MUNICIPAL RECORDS TO BE PUBLIC PROPERTY AND ESTABLISHING A POLICY OF CONTROL OVER SUCH RECORDS; ESTABLISHING A RECORDS MANAGEMENT OFFICER; REQUIRING A RECORDS MANAGEMENT PLAN TO BE DEVELOPED AND ESTABLISHING DUTIES OF DEPARTMENT HEADS IN RELATION THERETO; REQUIRING DEVELOPMENT AND IMPLEMENTATION OF RECORDS CONTROL SCHEDULES; REGULATING DESTRUCTION OF SCHEDULED AND UNSCHEDULED RECORDS; ESTABLISHING GARBAGE AND REFUSE COLLECTION REGULATIONS; REQUIRING GARBAGE AND REFUSE COLLECTION SERVICE TO BE MANDATORY; REQUIRING CONTAINERS AND PLACING CONDITIONS ON THE USE THEREOF; PROHIBITING UNAUTHORIZED PRIVATE COLLECTION; ESTABLISHING RATES FOR COLLECTION AND DISPOSAL; PROVIDING FOR THE COLLECTION OF CHARGES; PROVIDING FOR THE REMOVAL OF BUILDING MATERIALS; PROHIBITING CERTAIN ACTS; PROVIDING FOR NONRESIDENTIAL CUSTOMERS, CONTAINER TYPES, AND COLLECTION SCHEDULES; ESTABLISHING MANNER OF COLLECTION AND TRANSPORTATION; REQUIRING LICENSE FOR PRIVATE COLLECTION; PROVIDING FOR OUT-OF-CITY SERVICES; ESTABLISHING WATER AND SEWER SERVICE REGULATIONS; REQUIRING AN APPLICATION FOR WATER AND SEWER SERVICE AND CONCERNING FALSE STATEMENTS THEREIN; REQUIRING USERS TO BE LIABLE FOR BILLS; REQUIRING NO SERVICE TO OTHER PREMISES WHEN ACCOUNT IS DELINQUENT; ESTABLISHING THE CITY'S RIGHT OF ENTRY; PROHIBITING TAMPERING WITH WATER AND SEWER FACILITIES; REQUIRING TAPS TO BE MADE BY CITY PERSONNEL; ESTABLISHING OPTION OF OUT-OF-CITY SERVICE POLICIES; REQUIRING TAP FEES AND METER DEPOSITS; REQUIRING UTILITY SERVICE DEPOSITS; ESTABLISHING WATER AND SEWER RATES, BILLING PROCEDURES, METER REGULATIONS, LATE PAYMENT PENALTIES, AND SERVICE DISCONTINUATION POLICIES AND CHARGES; ESTABLISHING SERVICE CHARGE FOR INSUFFICIENT FUNDS CHECK; ESTABLISHING WATER CURTAILMENT AND RATIONING POLICIES; ESTABLISHING REGULATIONS FOR WATERWORKS SYSTEM; ESTABLISHING A METER REREAD POLICY; ESTABLISHING REGULATIONS FOR SANITARY SEWER SYSTEM; REQUIRING SEWER SERVICE AND SERVICE CONNECTIONS; ESTABLISHING REQUIREMENTS FOR SEPTIC TANK USE; REGULATING STOPPAGE OR OBSTRUCTION OF SEWER SYSTEM; PROHIBITING CESSPOOLS; ADOPTING THE STATE UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS AND ALL OTHER STATE MOTOR VEHICLE LAWS; DEFINING TRAFFIC TERMS; PRESCRIBING THAT TRAFFIC CONTROL DEVICES BE CONSISTENT WITH THE TEXAS MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES; REQUIRING THAT THE DIRECTOR OF PUBLIC WORKS PLACE AND MAINTAIN TRAFFIC CONTROL DEVICES; REQUIRING DRIVERS TO OBEY TRAFFIC CONTROL DEVICES; PROHIBITING UNAUTHORIZED SIGNS AND SIGNALS AND DEFACEMENT OF TRAFFIC CONTROL DEVICES; ESTABLISHING REGULATIONS REGARDING ACCIDENT REPORTS AND REMOVING VEHICLES FROM ACCIDENT SCENES; REGULATING WRECKER DRIVER ACTIVITIES AT ACCIDENT SCENES; REQUIRING GARAGES TO KEEP RECORDS OF DAMAGED VEHICLES; EXEMPTING EMERGENCY VEHICLES FROM CERTAIN TRAFFIC REGULATIONS BUT REQUIRING THEM TO DRIVE RESPONSIBLY; PROHIBITING TRAFFIC OBSTRUCTIONS AND AUTHORIZING CITY TO ABATE OBSTRUCTIONS AND FILE STATEMENT OF EXPENSE; REQUIRING DRIVERS TO STOP FOR FIRE EQUIPMENT, REGULATING PARKING NEAR FIRES, AND PROHIBITING DRIVING OVER FIRE HOSES; ESTABLISHING SPEED LIMITS ON CITY STREETS AND ROADWAYS AND PROHIBITING EXCESSIVELY SLOW SPEED; DESIGNATING TRUCK ROUTES AND REQUIRING COMPLIANCE THEREWITH; REGULATING PARADES AND PROCESSIONS, INCLUDING FUNERAL PROCESSIONS, WITHIN THE CITY; REGULATING OPERATION AND IMPOUNDMENT OF BICYCLES AND ESTABLISHING PENALTIES FOR MINORS VIOLATING BICYCLE REGULATIONS; ESTABLISHING PARKING REGULATIONS; PROHIBITING PARKING OF HEAVY TRUCKS ON STREETS; ESTABLISHING REQUIREMENTS FOR PARALLEL, ANGLE, AND MARKED SPACE PARKING; ESTABLISHING RESPONSIBILITY OF VEHICLE OWNER; REQUIRING IMPOUNDMENT OF UNLAWFULLY PARKED VEHICLES; DEFINING TERMS RELEVANT TO VEHICLE TOWING AND IMPOUNDMENT; REGULATING WRECKERS AT ACCIDENT SCENES; PROHIBITING SOLICITATION OF BUSINESS; ESTABLISHING WRECKER ROTATION LISTS AND CONDITIONS THERETO; ESTABLISHING MAXIMUM CHARGES; REQUIRING INSURANCE; REQUIRING MINIMUM EQUIPMENT STANDARDS AND INSPECTION THEREOF; REQUIRING DRIVER REGISTRATION AND FENCING OF YARDS; ESTABLISHING ROTATION LIST, CALL ANSWERING, AND SELECTION FORM REQUIREMENTS; ESTABLISHING WRECKER USE IN ABSENCE OF DESIGNATION; PROHIBITING POLICE FROM INFLUENCING SELECTION OF WRECKER; PROHIBITING FOLLOWING VEHICLES IN RESPONSE TO ACCIDENT REPORT; REQUIRING IMPOUNDMENT OF WRECKED VEHICLES; REQUIRING SIGNS ON WRECKERS; DEFINING TERMS RELEVANT TO ANIMAL CONTROL; ESTABLISHING AN ENFORCEMENT OFFICER; PROHIBITING ATTACKS BY DANGEROUS DOGS; ESTABLISHING REQUIREMENTS FOR OWNERS OF DANGEROUS DOGS; REQUIRING REGISTRATION FOR DANGEROUS DOGS AND ALLOWING EXCEPTIONS THEREFOR; REGULATING THE KEEPING OF DOGS WHICH HAVE BITTEN PERSONS; AUTHORIZING DESTRUCTION OF RABID OR DANGEROUS DOGS; PROHIBITING DOGS RUNNING AT LARGE; REQUIRING ANIMAL VACCINATIONS AND CERTIFICATE AND TAG THEREFOR; REQUIRING REPORTING OF SUSPECTED RABIES; AUTHORIZING QUARANTINE FOR SUSPECTED RABIES OR FOR BITING; AUTHORIZING DISPOSITION OF ANIMALS EXPOSED TO RABIES; PROHIBITING LIVESTOCK AND SWINE FROM RUNNING AT LARGE; PROHIBITING SWINE; REQUIRING MINIMUM LOT SIZE, MAINTENANCE OF PREMISES, AND LOCATION OF BUILDINGS; PROHIBITING FOWL FROM RUNNING AT LARGE AND REQUIRING ENCLOSURES THEREFOR; PROHIBITING WILD AND EXOTIC ANIMALS AND POISONOUS REPTILES; AUTHORIZING IMPOUNDMENT OF ANIMALS; ESTABLISHING PROCEDURES FOR RECLAIMING IMPOUNDED ANIMALS, FEES, AND, UNCLAIMED ANIMAL DISPOSITION; DESIGNATING CITY A BIRD SANCTUARY; PROHIBITING TRAPPING, HUNTING, AND MOLESTING BIRDS; PROVIDING FOR ABATEMENT OF NUISANCES CREATED BY BIRD CONGREGATION; DEFINING TERMS RELEVANT TO FAIR HOUSING; PROHIBITING DISCRIMINATION IN THE SALE, RENTAL, AND FINANCING OF HOUSING AND THE PROVISION OF BROKERAGE SERVICES AND PROVIDING FOR EXEMPTIONS THEREFROM; REGULATING FAIR HOUSING COMPLAINTS AND INVESTIGATIONS; ESTABLISHING CUMULATIVE LEGAL EFFECT OF CODE PROVISIONS; PROHIBITING UNLAWFUL INTIMIDATION; CREATING THE OFFICE OF FIRE MARSHAL AND PROVIDING FOR THE APPOINTMENT AND ESTABLISHING THE DUTIES OF SUCH OFFICE; AUTHORIZING FIRE MARSHAL TO TAKE TESTIMONY, SUMMON WITNESSES, CONDUCT PRIVATE INVESTIGATIONS, AND FILE CRIMINAL CHARGES; PROHIBITING REFUSAL TO PROVIDE TESTIMONY OR EVIDENCE; AUTHORIZING ENTRY AFTER FIRE AND FURTHER INVESTIGATION; REQUIRING RECORDS TO BE KEPT AND MONTHLY REPORTS TO STATE FIRE MARSHAL; ADOPTING THE STANDARD FIRE PREVENTION CODE AND PROVIDING FOR ITS ENFORCEMENT; DEFINING TERMS RELEVANT TO FIRE PREVENTION; REGULATING CONFLICTS WITH AND MODIFICATIONS TO FIRE PREVENTION CODE; ESTABLISHING APPEALS; PROHIBITING DELAYING FIREMEN AND FIRE STATION OBSTRUCTION; REGULATING FIRE LANES; REGULATING SMOKING IN PLACES OF PUBLIC ASSEMBLAGE; REGULATING THE DESTRUCTION OF BUILDINGS; REGULATING LIABILITY OF FIREMEN FOR PROPERTY DAMAGE; ESTABLISHING PENALTIES FOR VIOLATIONS; CREATING A FIRE PREVENTION BOARD; AUTHORIZING CREATION OF A FIRE DEPARTMENT; PROHIBITING SELLING OR SHOOTING FIREWORKS; DEFINING FIREWORKS; REGULATING PUBLIC FIREWORK DISPLAYS; AUTHORIZING INDEMNITY BONDS; PROHIBITING STORAGE OF FIREWORKS NEAR GASOLINE OR OTHER VOLATILE LIQUIDS; ALLOWING EXEMPTIONS FROM PRECEDING FIREWORK PROVISIONS; ESTABLISHING REWARD FOR ARSON; PROHIBITING OUTDOOR BURNING AND DEFINING TERMS RELEVANT THERETO; DEFINING FLAMMABLE LIQUIDS; REGULATING SALE OF FLAMMABLE LIQUID IN QUANTITIES OF FIVE GALLONS OR LESS; REGULATING TANKS CONTAINING FLAMMABLE LIQUIDS AND THE STORAGE OF LIQUIFIED PETROLEUM GAS; PROVIDING FOR A HEALTH OFFICER AND ESTABLISHING AN APPOINTMENT PROCESS, TERM OF OFFICE, AND DUTIES; REQUIRING RECORDS TO BE KEPT AND COOPERATION WITH STATE HEALTH OFFICER; PROHIBITING ACCUMULATIONS OF WATER FOR MOSQUITO CONTROL; DECLARING CERTAIN COLLECTIONS OF WATER TO BE A PUBLIC NUISANCE; REQUIRING ELIMINATION OF CERTAIN COLLECTIONS OF CONTAMINATED WATER; PROHIBITING IMPAIRING OF DRAINAGE; REGULATING PUBLIC TOILETS; DEFINING PUBLIC HEALTH AND SANITATION NUISANCES, SPECIFYING CERTAIN HEALTH NUISANCES AND OFFENSIVE ODORS, REQUIRING NOTICE THEREOF, AND PROVIDING FOR ABATEMENT BY THE CITY; PROVIDING FOR DISPOSAL OF DEAD ANIMALS; AUTHORIZING EXISTING CEMETERIES AND REGULATING EXTENSION OF CEMETERIES; PROHIBITING BURIAL OUTSIDE AUTHORIZED CEMETERIES; REGULATING DISINTERMENT; AND PROVIDING FOR CREATION OF NEW CEMETERIES; AUTHORIZING ENFORCEMENT OF PRECEDING PROVISIONS THROUGH COURTS; REQUIRING STATEMENT OF EXPENSES FOR ABATEMENT OF NUISANCES; DEFINING AND PROHIBITING LITTERING AND PROVIDING FOR ABATEMENT PROCEDURES BY CITY; REQUIRING PLACING LITTER IN RECEPTACLES; PROHIBITING SWEEPING LITTER INTO STREET OR GUTTER; REQUIRING PROPERTY TO BE KEPT FREE OF LITTER AND PROPERTY OWNER TO REMOVE LITTER UPON NOTICE; DEFINING TERMS RELEVANT TO REFRIGERATORS AND FREEZERS; DEEMING ABANDONED REFRIGERATORS AND FREEZERS PUBLIC NUISANCES AND REQUIRING OWNERS TO REMOVE LATCHES AND/OR LOCKS; DEFINING PUBLIC NUISANCES ON PRIVATE PROPERTY; REQUIRING MAINTENANCE OF PRIVATE PROPERTY; REQUIRING NOTICE TO REMOVE OR ABATE AND AUTHORIZING CITY TO REMOVE OR ABATE; REQUIRING STATEMENT OF EXPENSES AND AUTHORIZING LIEN; ESTABLISHING PENALTY FOR VIOLATIONS; PROHIBITING AND ENUMERATING LOUD NOISES; DEFINING JUNKED VEHICLES AND DECLARING JUNKED VEHICLES TO BE PUBLIC NUISANCES; AUTHORIZING ABATEMENT ORDERS FOR JUNKED VEHICLES ON PRIVATE AND PUBLIC PROPERTY; ESTABLISHING PUBLIC HEARINGS, COMPLAINTS, AND TRIALS CONCERNING JUNKED VEHICLES; REGULATING REMOVAL OF JUNKED VEHICLES WITH PERMISSION OR FROM UNOCCUPIED PREMISES; REQUIRING NOTICE TO TEXAS DEPARTMENT OF TRANSPORTATION; DECLARING ABANDONED MOTOR VEHICLES TO BE NUISANCE AND AUTHORIZING IMPOUNDMENT; ESTABLISHING LIEN ON IMPOUNDED PROPERTY; REGULATING REDEMPTION AND SALE OF PROPERTY; PROVIDING FOR RECORDS AND FEES; APPLYING STATE LAW GENERALLY TO ABANDONED PROPERTY; ESTABLISHING PENALTY FOR VIOLATIONS; ESTABLISHING RELATIONSHIP TO OTHER REGULATIONS; PROTECTING THE SAFETY OF PARK PATRONS GENERALLY; PROHIBITING INJURY TO PARK PROPERTY, INCLUDING TREES, GRASS, AND OTHER NATURAL FEATURES; PROHIBITING ABUSIVE AND OBSCENE LANGUAGE AND ACTS IN PUBLIC PARKS; PROHIBITING DOGS RUNNING AT LARGE IN PARKS; RESTRICTING DRIVING AND PARKING OF VEHICLES IN PARKS; PROHIBITING SALE OF MERCHANDISE IN PARK WITHOUT PERMIT; PROHIBITING POSSESSION OF ALCOHOLIC BEVERAGES IN PARKS; RESTRICTING LOUD AND RAUCOUS NOISES IN PARKS; PROHIBITING USE OF PARKS BY PERSONS ENGAGING IN ACTIVITIES TO MAKE A MONETARY PROFIT; CREATING A PARKS AND RECREATION BOARD AND ESTABLISHING MEMBERSHIP, TERMS, COMPENSATION, AND DUTIES OF ITS MEMBERS; PROHIBITING DUAL OFFICE HOLDING BY MEMBERS OF PARK BOARD; REQUIRING PERMIT FOR CARNIVALS, CIRCUSES, AND TENT SHOWS AND REGULATING APPLICATION CONSIDERATION, APPROVAL, DENIAL, AND APPEAL; REQUIRING COMPLIANCE WITH CARNIVAL PERMIT CONDITIONS AND OTHER LAWS; DEFINING TERMS RELEVANT TO AUTO SALVAGE DEALERS; REQUIRING LICENSE FOR AUTO SALVAGE DEALERS AND PROVIDING FOR SUCH APPLICATIONS, INVESTIGATION, PUBLIC HEARINGS, ISSUANCE, TRANSFER, CONTENTS, AND FEES THEREFOR; ESTABLISHING OPERATING REQUIREMENTS FOR AUTO SALVAGE DEALERS; AUTHORIZING REVOCATION OR SUSPENSION OF AUTO SALVAGE LICENSES AND DECLARING PUBLIC NUISANCES; DEFINING TERMS RELEVANT TO JUNK AND SECONDHAND DEALERS; REQUIRING RECORD OF AND RECEIPT FOR PROPERTY PURCHASED BY JUNK AND SECONDHAND DEALERS; REQUIRING OF STOCK JUNK AND SECONDHAND DEALERS TO BE OPEN FOR EXAMINATION; REQUIRING JUNK AND SECONDHAND DEALERS TO RETAIN PURCHASES AT LEAST 72 HOURS BEFORE RESALE; REGULATING PURCHASE OR RECEIPT OF GOODS FROM MINORS BY JUNK AND SECONDHAND DEALERS; DEFINING PEDDLER AND SOLICITOR AND REQUIRING A PERMIT FOR PEDDLING OR SOLICITING IN THE CITY; REGULATING PEDDLER PERMIT APPLICATIONS, BONDS, APPLICANT INVESTIGATIONS, ISSUANCE AND DURATION, FEES CHARGED THEREFOR, CARRYING REQUIREMENTS, REVOCATION, NONTRANSFERABILITY; PROHIBITING PEDDLER REFUSAL TO LEAVE PREMISES; PROHIBITING PEDDLING WHERE POSTED AND DURING CERTAIN HOURS; ESTABLISHING CONSUMER RIGHT TO CANCEL; ALLOWING CERTAIN EXEMPTIONS; ESTABLISHING PENALTY FOR VIOLATIONS; PROVIDING THAT MISDEMEANORS NAMED IN STATE PENAL CODE ALSO ARE DEEMED OFFENSES AGAINST THE CITY; PROHIBITING DAMAGE TO PUBLIC PROPERTY; PROHIBITING ENTRY INTO AND ASCENDING WATERWORKS FACILITIES; PROHIBITING DESTROYING OR DEFACING STREET SIGNS; PROHIBITING THEFT OF CITY SERVICES AND PROPERTY; PROHIBITING ATTENDANCE OF CERTAIN MOTION PICTURES BY MINORS; PROHIBITING OBSCENITY VISIBLE FROM A DISTANCE; PROHIBITING THE RECKLESS DISPLAY, DISTRIBUTION, OR PROMOTION OF OBSCENE MATERIALS; PROHIBITING OBSCENITY ACCESS TO MINORS; PROHIBITING PUBLIC DISPLAY OF EXPLICIT SEXUAL MATERIAL; REQUIRING A PERMIT TO LOCATE SIGNS ON OR OVER PUBLIC PROPERTY; PROHIBITING THE POSTING OF ADVERTISING SIGNS ON UTILITY POLES; RESTRICTING THE CARRYING AND DISCHARGE OF WEAPONS WITHIN THE CITY; ADOPTING THE STANDARD BUILDING CODE BY REFERENCE; DEFINING TERMS RELEVANT TO THE BUILDING CODE; REQUIRING A CONTRACTOR'S LICENSE AND BOND; ADOPTING THE NATIONAL ELECTRICAL CODE BY REFERENCE; ESTABLISHING THE SCOPE OF THE NATIONAL ELECTRICAL CODE; DEFINING TERMS RELEVANT TO THE NATIONAL ELECTRICAL CODE; REQUIRING COMPLIANCE WITH THE NATIONAL ELECTRICAL CODE; CREATING AND COMPENSATING THE OFFICE OF ELECTRICAL INSPECTOR AND ESTABLISHING HIS/HER POWERS AND DUTIES; REQUIRING ELECTRICAL PERMITS AND REGULATING THEIR APPLICATION, FEES, EXPIRATION, AND INSPECTION; REGULATING DEFECTIVE WORK, METER LOOP EQUIPMENT, AND WORK STANDARDS; REQUIRING REWIRING UPON CHANGE OF OCCUPANCY; REGULATING SIGNS; REQUIRING LICENSE, BOND, AND QUALIFICATIONS FOR ELECTRICIANS; REGULATING FAILURE TO COMPLY WITH ORDERS OF ELECTRICAL INSPECTOR; PROHIBITING INTERFERENCE WITH ELECTRICAL INSPECTOR; REGULATING INDIVIDUALS DOING OWN ELECTRICAL WORK; ESTABLISHING PENALTY FOR VIOLATIONS; ADOPTING STANDARD PLUMBING CODE BY REFERENCE; REQUIRING STATE PLUMBING LICENSE; ESTABLISHING PERMIT FEES; ADOPTING STANDARD MECHANICAL CODE BY REFERENCE; ESTABLISHING PERMIT FEES; DEFINING AND PROHIBITING DANGEROUS AND SUBSTANDARD BUILDINGS AND REQUIRING INSPECTION, NOTICE TO OWNER, NOTICE TO DEMOLISH, AND ASSESSMENT OF LIEN; REQUIRING PERMIT TO MOVE BUILDINGS AND REGULATING ITS APPLICATION, INVESTIGATION OF APPLICATION, ISSUANCE, INSURANCE, BONDING, AND ESCORT; REQUIRING HOUSE MOVER TO MAKE ALL ARRANGEMENTS; REQUIRING NOTICE TO UTILITY COMPANIES; REQUIRING POLICE ESCORT; MANDATING WATER AND SEWER CONNECTIONS; REGULATING PARKING ON PUBLIC PROPERTY; REQUIRING CERTIFICATE OF OCCUPANCY; REGULATING LIABILITY OF CITY UNDER THE CODE; ALLOWING CERTAIN EXCEPTIONS; ESTABLISHING FINDINGS OF FACT CONCERNING FLOOD PREVENTION AND FLOOD MANAGEMENT REGULATIONS, STATING PURPOSE OF ORDINANCE, SETTING FORTH METHODS OF REDUCING FLOOD LOSSES, AND DEFINING RELEVANT TERMS; DESIGNATING LANDS TO WHICH ORDINANCE APPLIES; ESTABLISHING BASIS FOR ESTABLISHING AREAS OF SPECIAL FLOOD HAZARD; ESTABLISHING DEVELOPMENT PERMIT; REQUIRING COMPLIANCE; ESTABLISHING ABROGATION AND GREATER RESTRICTIONS; REGULATING INTERPRETATION AND WARNING AND DISCLAIMER OF LIABILITY; DESIGNATING FLOODPLAIN ADMINISTRATOR AND ESTABLISHING HIS/HER DUTIES AND RESPONSIBILITIES; ESTABLISHING PERMIT AND VARIANCE PROCEDURES; REQUIRING GENERAL, SPECIFIC, AND SUBDIVISION STANDARDS FOR FLOOD HAZARD REDUCTION; ADOPTING SOUTHERN STANDARD HOUSING CODE BY REFERENCE, DEFINING RELEVANT TERMS, AND ESTABLISHING PENALTIES FOR VIOLATIONS; DEFINING TERMS RELEVANT TO THE DRILLING OF OIL AND GAS WELLS AND REQUIRING A PERMIT THEREFOR; PROHIBITING DRILLING IN STREETS AND ALLEYS; REGULATING WELL LOCATION; REGULATING PERMIT APPLICATION FILING FEE, CONTENTS, ISSUANCE, REFUSAL, AND REQUIRED INSURANCE AND BOND; APPOINTING OIL AND GAS INSPECTOR; PROHIBITING DRILLING OF WELL BELOW 12,000 FEET AND REQUIRING SUPPLEMENTAL PERMIT FOR DEEPER DRILLING; REGULATING DERRICK AND RIG, EARTHEN AND STEEL SLUSH PITS, CASINGS, SETTING AND CEMENTING; VALVES AND BLOW-OUT PREVENTORS, DRILLING FLUID, DRILL STEM TESTS, TUBING, BRADENHEAD, AND CHRISTMAS TREE AND WELL-HEAD CONNECTIONS; REQUIRING PREMISES TO BE KEPT CLEAN AND SANITARY; REQUIRING MUFFLERS; REGULATING STORAGE TANKS AND SEPARATORS, FENCING OF COMPLETED WELLS, VENTING AND FLARING OF GAS, WELL ABANDONMENT AND PLUGGING, AND DISPOSAL OF SALT WATER; INCORPORATING VIOLATION OF STATE AND FEDERAL LAWS; ESTABLISHING CITY POLICY; PLACING LIMITATIONS ON PERMITS AND PROVIDING FOR CANCELLATION; REGULATING DRILLING NEAR MUNICIPAL WATER WELLS; ESTABLISHING ADMINISTRATION BY CITY COMMISSION; REGULATING DRILLING PLATS AND DEVELOPED AND UNDEVELOPED PORTIONS; REGULATING ESTATES OF LANDOWNERS; REGULATING RIGHTS OF LANDOWNERS IN DEVELOPED PORTION OF CITY; PROVIDING NOTICE TO LANDOWNERS IN DEVELOPED PORTION OF CITY; LIMITING NUMBER OF WELLS; ESTABLISHING PENALTY FOR VIOLATIONS; DEFINING TERMS RELEVANT TO MOBILE HOMES; REQUIRING RECORDS OF GUESTS; REGULATING MOBILE HOME DEVELOPMENT, ALTERATION, AND EXPANSION; REGULATING MOBILE HOME ACCESS AND TRAFFIC CIRCULATION, AREA LIGHTING, WATER SUPPLY, SEWAGE DISPOSAL, SERVICE FACILITIES, REFUSE HANDLING, FIRE SAFETY, AND PARK MANAGEMENT AND OCCUPANT RESPONSIBILITIES; REGULATING MOBILE HOME PERMITS AND APPLICATIONS, FEES, ISSUANCE, DENIAL, HEARING OF, AND PLOT PLANS THEREOF; REQUIRING MOBILE HOME LICENSES AND REGULATING APPLICATIONS, FEES, AND TRANSFERABILITY, VIOLATIONS, NOTICE, AND SUSPENSION THEREOF; REQUIRING MOBILE HOME INSPECTIONS AND PROVIDING FOR RIGHT OF ENTRY, REGISTER INSPECTION, AND PROPERTY ACCESS; REGULATING MOBILE HOME NOTICE OF VIOLATIONS, APPEALS FROM DENIAL OF PERMIT AND HEARING, AND APPEALS FROM NOTICE ISSUED BY BUILDING OFFICIAL AND HEARING; ESTABLISHING TRAFFIC SCHEDULES FOR ONE-WAY STREETS, SCHOOL ZONES, STOP INTERSECTIONS, TRUCK ROUTES, AND YIELD INTERSECTIONS; ESTABLISHING A VOLUNTEER FIRE DEPARTMENT AND ITS DUTIES, OPERATION MANUAL, MEMBERSHIP, APPLICANT QUALIFICATIONS AND ACCEPTANCE; REGULATING APPOINTMENT OF VOLUNTEER FIRE DEPARTMENT MEMBERS PRIOR TO ADOPTION OF MANUAL; REGULATING APPLICATION FOR VOLUNTEER FIRE DEPARTMENT MEMBERSHIP; REGULATING VOLUNTEER FIRE DEPARTMENT OFFICERS' DUTIES AND QUALIFICATIONS AND APPOINTMENT; COMPENSATING VOLUNTEER FIRE DEPARTMENT CHIEF; REGULATING TERMINATION, SUSPENSION, AND RESIGNATION OF VOLUNTEER FIRE DEPARTMENT MEMBERS; REGULATING SWEARING IN OF OFFICERS; ESTABLISHING POWERS AND DUTIES OF VOLUNTEER FIRE DEPARTMENT CHIEF; REQUIRING SUBMISSION OF VOLUNTEER FIRE DEPARTMENT BUDGET TO MAYOR; REGULATING ACCEPTANCE AND USE OF CONTRIBUTIONS TO VOLUNTEER FIRE DEPARTMENT; AUTHORIZING VOLUNTEER FIRE DEPARTMENT TO AID OTHER DEPARTMENTS OUTSIDE OF CITY; ESTABLISHING NONLIABILITY OF CITY FOR PERSONAL INJURY; REQUIRING PERMIT FOR STREET EXCAVATIONS AND CUTS; REQUIRING SIGNS, FLARES, AND BARRICADES TO WARN OF STREET EXCAVATION; REQUIRING BACKFILLING AND MAINTENANCE OF STREETS FOR THREE YEARS; PROHIBITING DRAINING OR POURING OIL ON STREETS; REGULATING CONDUCT IN PARKING LOTS; ESTABLISHING CERTAIN SPEED LIMITS; AND ESTABLISHING AN EFFECTIVE DATE FOR THIS ORDINANCE AND REVISED CODE.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICO, TEXAS:

   SECTION 1

That the Revised Code of Ordinances consisting of Chapters 1 through 17, each inclusive, is hereby adopted and enacted as the Revised Code of Ordinances of the City of Chico, 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 City Council before the 16th day of January, 1996, to the extent provided herein, except as hereinafter provided for.

   SECTION 2

That all provisions of such Code shall be in full force and effect from and after the 16th day of January, 1996, and all ordinances of a general and permanent nature of the City of Chico, Texas, enacted on or before and not included in this Code or recognized and continued in force by reference herein, are hereby repealed from and after the 16th day of January, 1996, except as hereinafter provided. Provisions imposing a penalty for violations shall become effective upon publication of the caption of this ordinance in two consecutive issues of the official newspaper.

   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 occurring 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 or 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 appropriation ordinance or ordinance providing for the levy of taxes or for adoption of an annual budget.

   (h)   Any ordinance relating to local improvements and assessments therefor.

   (i)   Any ordinance annexing territory to the City or discontinuing territory as a part of the City.

   (j)   Any ordinance dedicating or accepting any plat or subdivision in the City.

   (k)   Any ordinance pertaining to the calling of municipal elections and appointing of election officers.

   (l)   Any ordinance establishing municipal court fine schedules.

   (m)   Any ordinance establishing rates to be charged by privately owned utility companies.

   (n)   Any ordinance pertaining to amending zoning districts (map), issuance of specific use permits, or granting of variances.

The repeal provided for in Section 2 shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance which is repealed by this ordinance.

   SECTION 4

That whenever in such Revised Code of Ordinances or in any ordinance of the City an act is prohibited or is made or declared to be unlawful or an offense 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 and no specific penalty is provided therefor, the violation of any such provision of such Code or any such ordinance shall be punished by a fine not exceeding five hundred dollars ($500.00), except for violations of municipal ordinances that govern fire safety, zoning and public health and sanitation including dumping of refuse, in which case the maximum fine shall be two thousand dollars ($2,000.00) for each 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. Each day any violation of such Revised Code of Ordinances or any ordinance shall continue shall constitute a separate offense unless otherwise designated. Any violation of any provision of such Revised Code of Ordinances 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 Revised Code of Ordinances, when passed in such form as to indicate the intention of the City Council to make the same a part of the Revised Code of Ordinances, shall be deemed to be incorporated in such Revised Code of Ordinances so that reference to the “Revised Code of Ordinances of the City of Chico, Texas,” shall be understood and intended to include such additions and amendments.

   SECTION 6

That in case of the amendment of any section of such Code for which 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 the penalty is specifically repealed therein.

   SECTION 7

That a copy of the Revised Code of Ordinances shall be kept on file in the office of the City Secretary in looseleaf form. It shall be the express duty of the City Secretary or his authorized representative 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 Revised Code of Ordinances when the same has been printed or reprinted in page form by the codifier designated by the City Council 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 an offense for any person to change or amend, by additions or deletions, any part or portion of this Revised Code of Ordinances, or to insert or delete pages or portions thereof, or to alter or tamper with such Code in any manner whatsoever which will cause a law of the City of Chico to be misrepresented thereby. Any person violating this section shall be punished as provided in Section 4 of this ordinance.

   SECTION 9

That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of the Revised Code of Ordinances hereby adopted are severable and, if any phrase, clause, sentence, paragraph, or section shall be declared unconstitutional by the valid judgment of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections, since the same would have been enacted by the City Council without the incorporation of any unconstitutional phrase, clause, sentence, paragraph, or section.

   SECTION 10

That said Revised Code of Ordinances shall be admitted in evidence without further proof and the City Secretary shall record said Code as adopted in the ordinance records of the City, and thereafter such record shall serve as a record of the ordinances so codified and it shall not be necessary in establishing the context of any particular ordinance so codified to go beyond said record.

   SECTION 11

That all ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed.

   SECTION 12

That this ordinance shall take effect immediately from and after its passage and publication, as the law in such cases provides.

DULY ADOPTED by the City Council of the City of Chico, Texas, on this the 16th day of January, 1996.

      ATTEST:                     APPROVED:

      Anita Long /s/                Nobie Tucker /s/

      City Secretary, City of Chico               Mayor, City of Chico

      APPROVED AS TO FORM:

      City Attorney

   ORDINANCE NO. 10-96-1

AN ORDINANCE ENACTING AND ADOPTING A SUPPLEMENT TO THE CODE OF ORDINANCES OF THE CITY OF CHICO, TEXAS.

   WHEREAS, American Legal Publishing Corporation of Cincinnati, Ohio, has completed the Second Supplement to the Code of Ordinances of the City of Chico, Texas, which supplement contains all ordinances of a general nature enacted since the prior supplement to the Code of Ordinances of this municipality; and

   WHEREAS, said American Legal Publishing Corporation has recommended the revision or addition of certain sections of the Code of Ordinances which are based on or make references to sections of the Texas Code; and

   WHEREAS, it is the intent of Council to accept these updated sections in accordance with the changes of the law of the State of Texas.

   NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Chico, State of Texas.

   SECTION 1. That the Second Supplement to the Code of Ordinances of the City of Chico, Texas, as submitted by American Legal Publishing Corporation of Cincinnati, and as attached hereto, be and the same is hereby adopted by reference as if set out in its entirety.

   SECTION 2. That this ordinance shall take effect and be in force from and after its date of passage.

   PASSED AND APPROVED this 1st day of October, 1996.

   Nobie Tucker, Mayor /s/

Anita Long, City Secretary /s/