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(A) If the owner of any lot or premises upon which a condition described in this subchapter exists fails to correct, remedy or remove the condition within ten days after notice to do is given in accord with this subchapter, the city may do work or make improvements as are necessary to be made, and pay therefore and charge the expenses incurred thereby to the owner of the lot or to the property’s city water bill or place a mechanic’s lien on said property. The expenses shall be assessed against the lot or real estate upon which the work was done or the improvements made. The doing of the work by the city shall not relieve the person from prosecution for failure to comply with the notice in violation of § 94.029(A) of this chapter.
(B) In addition to the actual expenses incurred for lot cleaning, clearing, abating of any nuisances, or for improvements made as are necessary to correct, remedy or remove such a condition, an additional charge of $50 shall be added to the amount assessed against the property, to reimburse the city for its administrative expenses associated with the preparation, filing and release of such lien.
(1998 Code, § 62-118) (Ord. 04-33, passed 7-21-2004; Ord. 10-16, passed 7-7-2010)
Statutory reference:
Authority of city to correct or remove conditions described in this subchapter, see Tex. Health and Safety Code § 342.006(a)
Whenever any work is done or improvements are made by the city under the provisions of § 94.030 of this chapter, the Mayor, the Director of Community Development or a city employee under the Director’s direction, on behalf of the city, shall file a statement of the expenses incurred thereby with the County Clerk. The statement shall give the amount of the expenses and the date on which the work was done or the improvements were made, and the name of the owner, if known, and the legal description of the property.
(1998 Code, § 62-119) (Ord. 04-34, passed 7-21-2004)
Statutory reference:
Similar provisions, see Tex. Health and Safety Code § 342.007(b)
(A) After the statement provided for in § 94.031 of this chapter is filed, the city shall have a privileged lien on the lot or real estate upon which the work was done or improvement made, to secure the expenses thereof.
(B) The lien shall be second only to tax liens and liens for street improvements, and the amount thereof shall bear interest at the rate of 10% per annum from the date the statement was filed.
(C) For any expenditures and interest, suit may be instituted and recovery and foreclosure of the lien may be had in the name of the city, and the statement of expenses made in accord with § 94.031 of this chapter, or a certified copy thereof, shall be prima facie proof of the amount expended for the work or improvements.
(1998 Code, § 62-120)
Statutory reference:
Similar provisions, see Tex. Health and Safety Code § 342.006
SMOKING IN PUBLIC PLACES
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
EDUCATIONAL FACILITY. Any day care facility, nursery school, elementary school, middle school, junior high school, senior high school, vocational school, special education center, college or university.
EMPLOYEE. Any person who is employed by any employer in consideration for direct or indirect monetary wages, commissions or profits and any contract employee; or any volunteer who, except for monetary wages, acts in a capacity essentially similar to an employee.
EMPLOYER. Any person, partnership, corporation, association or other entity who employs the services of one or more persons.
ENCLOSED AREA. All space between floor and ceiling that is enclosed on all sides by smoke-impermeable walls or windows (exclusive of doorways) that extend from that floor to the ceiling, including all space therein screened by partitions, “office landscaping” or similar structures that do not extend from the floor to the ceiling or are not smoke impermeable.
EXCEPTION AREA.
(1) EXCEPTION AREA means any area in which smoking is permitted pursuant to § 94.046 of this chapter. Except as otherwise prohibited by this subchapter, one or more EXCEPTION AREA may be created within an enclosed area; provided, however, that:
(a) The exception area created within an enclosed area shall be no larger than 30% of the total public accessible floorspace and shall be separate from the other areas. Notwithstanding these requirements, the following areas may, but need not be, designated, at the option of the owner, as
EXCEPTION AREAS in their entirety only:
1. A tobacco specialty shop;
2. A hotel or motel sleeping room rented to guests;
3. Bars;
4. Bowling centers; and
5. A private enclosed office workspace as defined in this subchapter.
(b) If the
EXCEPTION AREA does not constitute the entirety of an enclosed area, it shall be located by the exhaust system of the enclosed area, if any, or otherwise located and ventilated so that smoke is not drawn into or across any area where smoking is prohibited;
(c) The
EXCEPTION AREA shall be designated in conformity with the requirements of this subchapter; and
(d) An indoor facility used for sporting, civic or cultural events may have an exception area in the spectator seating area; provided, the area is enclosed and does not occupy more than 10% of the available seating area.
(2) The
EXCEPTION AREA shall not include the following areas:
(a) Elevators;
(b) Restrooms;
(c) Retail establishments (other than as stated in this subchapter in restaurants, bars, hotel/motel rooms, private office workspace, bowling centers, common areas of malls and shopping centers and tobacco specialty shops);
(d) Lobbies and seating areas of theaters;
(e) Waiting areas;
(f) Spectator seating areas of indoor facilities being used for sporting, civil or cultural events except as set forth in division (1)(d) of this definition;
(g) Public meeting rooms; and
(h) Areas where smoking is prohibited by the Fire Code or any other applicable ordinance or regulation of the city.
LOUNGE BAR. All areas of any establishment having 50% of its gross sales from sale of alcoholic beverages for on-premises consumption, including any establishment which operates under a permit or license issued under the Texas Alcoholic Beverage Code and which meets this requirement.
PLACE OF EMPLOYMENT. Any enclosed indoor area under the control of an employer to which employees have access during the course of employment, including, but not limited to, work areas, employee lounges, employee restrooms and employee cafeterias. A private residence is not a PLACE OF EMPLOYMENT.
POSITIVE EXTINGUISHMENT. A facility designed for the safe extinguishment of burning tobacco products, using sand or water as its primary extinguishment element.
PUBLIC PLACE.
(1) An enclosed indoor area at any time during which the public is admitted by general invitation or is otherwise given a generally unrestricted access to any portion of the enclosed area, excepting and excluding bars as that term is defined in this section. A
PUBLIC PLACE shall include, but is not limited to, an indoor enclosed area at any time during which it is being utilized in whole or in part for any of the following purposes:
(a) Commercial establishments, including, but not limited to, retail establishments and restaurants;
(b) A vehicle of public ground transportation, including, but not limited to, taxicabs, limousines for hire, trains, buses, ferries and trolleys;
(c) Elevators;
(d) Libraries, educational facilities, museums, auditoriums, art galleries and meeting rooms, except as set forth in § 94.046 of this chapter;
(e) Hotels and motels;
(f) Health care facilities, including, but not limited to, laboratories associated with the rendition of health care treatment, hospitals, nursing homes and doctors’ and dentists’ offices;
(g) Places of entertainment, including, but not limited to, gymnasiums, theaters, concert halls and arenas;
(h) Restrooms;
(i) Railroad, trolley, cruise ship and bus stations and airports;
(j) Convention centers and civic centers; and
(k) Governmental facilities, including, but not limited to, all governmental vehicles.
(2) The imposition of a fee, use charge, membership requirement or other condition of entry to an enclosed area shall not prevent the area from being constituted a
PUBLIC PLACE.
RESTAURANT. Any food service establishment where food is prepared and intended for individual portion service, and includes the site where individuals’ portions are provided. The term includes, but is not limited to, a coffee shop, cafeteria, luncheonette, cocktail lounge, sandwich stand, soda fountain and any other eating establishment, organization, club, including a veterans’ club, boardinghouse or guesthouse, and delicatessen-type operations, as well as kitchens in which food is prepared on the premises for serving elsewhere, including catering facilities. This term does not include private homes, grocery stores, the location of vending machines and supply vehicles.
RESTAURANT BAR. Any area of a restaurant, excluding the dining area, that is primarily devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which food service, if any, is only incidental to the consumption of such beverages.
RETAIL ESTABLISHMENT. Any enclosed area in any portion of which goods or services of any nature are sold or offered for sale directly to consumers, including, but not limited to, grocery stores, convenience stores, dry goods stores, banks, department stores and specialty stores.
SERVICE LINE. Any indoor line at which one or more persons are waiting for or receiving service of any kind, whether or not such service involves the exchange of money.
SMOKE and SMOKING. Include the carrying or holding of a lighted pipe, cigar or cigarette or any other lighted smoking equipment or device which contains a burning tobacco product, and the lighting of, emitting or exhaling the smoke of a pipe, cigar or cigarette or other tobacco product of any kind.
SPORTING EVENT. Any indoor area being occupied for any event wherein an individual or team of individuals participates in an athletic endeavor which requires physical exertion, including, but not limited to, the following activities: baseball, football, basketball, hockey, soccer, tennis, wrestling, boxing, swimming or other water sports, volleyball, gymnastics, handball, skating (ice and roller), weight lifting, fencing, martial arts related sports, table tennis, rodeo, track and field games and horse and dog racing.
TOBACCO SPECIALTY SHOP. An enclosed area utilized primarily for the sale of tobacco products and accessories and to which the sale of other products is merely incidental.
(1998 Code, § 62-141)
(A) A person commits an offense if he or she is knowingly or intentionally smoking in public and is not in an area designated as an exception area under this section.
(B) In conformity with this section, a person having ownership, possession or control of a public place commits an offense if he or she knowingly or intentionally permits or fails to make a reasonable effort to prevent commission by another of the offense described in division (A) above within such a public place.
(C) In conformity with this section, a person having ownership, possession or control of a public place may, but is not required to, designate exception areas in which smoking is permitted. It is an affirmative defense to the application of the offense stated in division (A) above if the person smokes or is smoking:
(1) Exclusively within an exception area designated for smoking tobacco; or
(2) As a participant in an authorized theatrical performance.
(D) It shall be the duty of every person having ownership, possession or control of any public place to cause extinguishment facilities to be provided and maintained as required in this section, and any knowing or intentional failure to maintain compliance with such duty shall constitute an offense. An extinguishment facility shall be provided:
(1) Outside or immediately inside each exterior entrance to the public place; and
(2) In each exception area, if any; provided that, a positive extinguishment facility need be provided only at the entrance to any enclosed area containing more than one exception area; and, further provided that, extinguishment facilities may not be situated in elevator cars or in any other non-exception area.
(E) It shall be the duty of every person having ownership, possession or control of any public place to cause any exception areas and the boundaries thereof to be clearly disclosed to persons within the public place, and any knowing or intentional failure to maintain compliance with such duty shall constitute an offense. The information that is required to be provided under this division (E) may be furnished in any one or more of the following manners, as applicable:
(1) By conspicuously posting signs in the exception area which clearly define the bounds of the exception area and stating that smoking is permitted therein.
(a) In a restaurant or other public place that has controlled seating whereby an employee directs patrons to seating or waiting areas, the employee shall ask the patron whether he or she requires or prefers a no smoking or smoking permitted area before directing a patron to a seat in the appropriate area. If the establishment takes advance reservations, the person taking the reservations shall ask whether the patron requires or prefers a no smoking or smoking permitted area at the time the reservation is made. Any outdoor seating attached to or adjacent to a restaurant or other public place is exempt from the provisions of this division (E)(1)(a).
(b) Any sign that is required to be posted pursuant to this division (E)(1)(b) shall be printed in proportional and proportionally spaced letters of a color clearly contrasting with the background upon which they are printed, which letters shall have a height of not less than three-fourths inch and shall also contain the international “no smoking” logo of a diameter of not less than three inches. The wording shall be one of the following, as appropriate: “No Smoking”, “Smoking Permitted in Designated Areas Only” or “Smoking Permitted”. A public place that is an exception area in its entirety is not required to have the international “no smoking” logo on its signs. Such signs shall be posted so that they are clearly visible to persons prior to entering the establishment, without regard to whether the entrance doors are open or closed.
(2) If the entirety of the public place has been designated as an exception area, by posting a sign at each entrance thereto, which sign must clearly indicate the bounds of the exception area and state that smoking is permitted therein.
(F) It is an exception to the application of divisions (A), (B) or (C) above that the person smoking is present at an event in which an entire room or confined area is used for a private social function and the event is under the control of the sponsor of the function and not the owner, proprietor or person in charge of the public place. This exception includes, but is not limited to, areas of public places, such as hotels, which are normally rented out to private groups, and bowling centers.
(G) It shall be the duty of every person in control of a public place in which smoking is declared an offense by division (A) above to request any person known not to be in an exception area to extinguish the burning tobacco product. Any knowing or intentional failure to maintain compliance with such duty shall constitute an offense.
(H) The following shall apply to taxicabs.
(1) The holder of any franchise or permit to operate a taxicab service within the city may, but is not required to, designate one or more of the taxicabs operated pursuant to the franchise or permit in which smoking is permitted.
(2) Each such taxicab shall be designated by notices clearly visible to persons entering and in the taxicab as a taxicab in which smoking is permitted or a taxicab in which smoking is not permitted.
(3) Drivers operating taxicabs in which smoking is not permitted shall not smoke in the taxicab at any time.
(1998 Code, § 62-142) (Ord. 13-12, passed 4-17-2013) Penalty, see § 94.999
(A) It shall be unlawful for the person in charge of any hospital or nursing home knowingly or intentionally to permit any patient to be assigned to an enclosed bed-space area that has been designated as an exception area if the patient has requested assignment to a non-smoking area during the course of his or her admission to the hospital or nursing home.
(B) It shall be unlawful for any person who is not a patient assigned to such enclosed bed-space area to be in possession of a burning tobacco product or to smoke tobacco within an enclosed bed-space area that has been designated as an exception area.
(1998 Code, § 62-143) (Ord. 98-5, passed 2-18-1998) Penalty, see § 94.999
Each employer shall adopt, implement and maintain a written smoking policy which shall contain, as a minimum, the following provisions and requirements.
(A) Any non-smoking employee may object to his or her employer about smoke in any portion of his or her place of employment normally frequented by the employee. Using already available means of ventilation, separation or partition, the employer shall attempt to reach a reasonable accommodation, insofar as possible, between the preferences of non-smoking and smoking employees. An employer is not required by this provision to incur an expense or make structural or other physical modifications to accommodate the preferences of non-smoking or smoking employees.
(B) If an accommodation which is satisfactory to all affected non-smoking employees cannot be reached as to any portion of the place of employment about which complaint has been voiced, the preferences of the non-smoking employees shall prevail to the end that non-smoking employees may work in a smoke-free environment. However, the requirements of this division (B) shall not apply to any private, enclosed office workspace occupied exclusively by smokers, even though such office may be visited by non-smokers.
(C) The smoking policy shall be announced within three weeks of its adoption to all employees working in the place of employment and posted conspicuously in all work places under the employer’s jurisdiction. A copy of the smoking policy shall be provided to all future employees at the time of their entry into employment.
(1998 Code, § 62-144)
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