CHAPTER 6

HEALTH AND SANITATION

   ARTICLE 6.01 GENERAL PROVISIONS

   (Reserved)

   ARTICLE 6.02 GARBAGE AND TRASH

   Sec. 6.02.001     Definitions

Brush. Tree, shrub, and bush trimmings.

Commercial waste. All acceptable waste generated by a customer at a commercial premises, excluding unacceptable waste and debris, but including acceptable brush.

Contractor. A private firm that the city contracts with for the collection, transportation, and/or disposal of solid waste and the collection and processing of recyclable materials.

Customer. A residential user, and/or commercial/industrial user who generates refuse.

Debris. Dirt, concrete, rocks, bricks, lumber, plaster, sand or gravel, other waste building materials, automobile frames, or large, uncut dead trees.

Garbage. All animal and vegetable matter, such as waste material and refuse from kitchens, residences, grocery stores, butcher shops, restaurants, cafes, drugstores, hotels, roominghouses and boardinghouses and other food products.

Health officer. The person designated by the city manager as the health officer of the city or his authorized agent.

Premises. All public and private establishments, including individual residences, multifamily dwellings, residential care facilities, hospitals, schools, businesses, other buildings, and all vacant lots.

Recyclable. Any materials, including, but not limited to, newsprint, magazines, catalogs, copy paper, office paper, plastic containers (#1, PET and #2 HDPE), aluminum cans, metal (tin) cans, and household paper products to include junk mail, envelopes, cereal boxes, cardboard, chipboard, and telephone books, which would otherwise become residential or commercial waste, but are separated and collected for processing, use, or reuse.

Refuse. Residential and commercial bulky waste and construction debris generated at residential or commercial premises. Refuse excludes debris and unacceptable waste.

Residential waste. All acceptable waste generated by a customer at a residential premises, excluding unacceptable waste and debris, but including acceptable brush.

Rubbish. Trash such as feathers, coffee grounds, ashes, tin cans, bottles, papers, paper bags, boxes, glass, grass, shrubs, yard cleanings, grass clippings, leaves and tree trimmings.

Unacceptable waste. Any waste, which, if accepted by the contractor, would cause a landfill permit violation, be unlawful, cause substantial damage to a landfill or the contractor's equipment or facilities, or present a substantial danger to the public health or safety.

(Ordinance 09-381 adopted 5/5/09)

   Sec. 6.02.002     Collection and disposal of waste; illegal dumping

(a)     The city shall contract with one or more contractors for the collection, removal and disposal of all garbage, refuse, rubbish and brush in a systematic and efficient manner in order to keep the entire city in a clean and sanitary condition. All waste accumulated or produced within the city's jurisdiction shall be collected and disposed of by the city's contractor or a duly authorized agent or employee of the city.

(b)     No person except the duly authorized agents, contractors, or employees of the city shall empty receptacles, solid waste containers, or recycling bins or transport solid waste and recyclables on the streets, alleys, and public thoroughfares of the city.

(c)     No person shall sweep, throw or deposit any garbage, rubbish, trash, other refuse material, dirt, concrete, rocks or stagnant water into, upon or along any drain, gutter, alley, sidewalk, street or vacant lot or land, or upon any public or private premises within the corporate limits of the city.

(d)     No person shall sweep, throw, or deposit any organic or inorganic garbage, rubbish, or trash into a privately owned or rented garbage receptacle without the consent of the property owner or an agent of the property owner.

(Ordinance 18-27 adopted 5/1/18)

   Sec. 6.02.003     Customer duties and obligations

(a)     Every owner, agent, lessee, tenant or occupant of any premises in the city is hereby required to participate in the city's solid waste collection and recycling service program and to pay the rates established by ordinance for such services.

(b)     Customers shall place all residential or commercial waste in either a receptacle issued by the contractor or an acceptable solid waste container meeting the requirements of section 6.02.006. The lids or covers of all receptacles or containers in which garbage or refuse is deposited shall at all times be kept secure and fastened so that flies, mosquitoes, or other insects, as well as rodents or animals may not have access to the contents thereof. Such lids or covers shall be removed only while receptacles or containers are being filled or emptied.

(c)     Customers shall place all residential recyclable materials in a receptacle issued by the contractor.

(d)     Customers shall not include unacceptable waste in residential or commercial waste.

(e)     Customers shall drain all residential or commercial waste mixed with water or other liquids before disposal into a receptacle or solid waste container. Customers shall keep substances from accumulating on the inside of a receptacle or solid waste container.

(f)     To the fullest extent possible, customers should protect recyclable materials against contaminates that require disposal at a landfill rather than recycling.

(g)     Customers shall place a receptacle or solid waste container on or near the curbline or at such a point as the contactor shall find and designate to be the most accessible for collecting and removing. The provisions of this subsection shall not prevent the placement of rubbish for collection as provided in other sections of this article.

(h)     Customers shall cut to no more than four (4) feet in length, bundle (no bundle shall weigh more than fifty (50) pounds), and stack at curbside, any brush that cannot be placed in a disposable container. Brush collected under this subsection shall not exceed one hundred (100) pounds by weight nor one cubic yard by volume on any one collection day.

(i)     Customers shall keep all acceptable solid waste, recyclable materials, bulky waste, and/or acceptable brush securely closed or bundled in such a manner as to prevent the scattering of the contents thereof and to render said contents inaccessible to insects, rodents, and other animals.

(j)     Customers shall wrap all animal matter that is subject to decomposition in paper or a plastic bag before deposit in a receptacle or solid waste container.

(k)     Customers shall return their receptacle or solid waste container to a point at least forty (40) feet behind the front property line of the lot within twenty-four (24) hours of the time the receptacle or solid waste container is emptied.

   Sec. 6.02.004     Acceptable recycling materials

The following materials are recyclable materials to be collected by the contractor under the recycling services program:

(1)     Office paper;

(2)     Newsprint;

(3)     Magazines and catalogs;

(4)     Aluminum beverage cans;

(5)     Steel/tin cans;

(6)     Plastic bottles #1 PET, & #2 HDPE; and

(7)     Household paper products to include junk mail, envelopes, cereal boxes, cardboard, chipboard, and telephone books.

   Sec. 6.02.005     Unacceptable wastes excluded from collection

(a)     The following unacceptable waste is excluded from collection by the contractor:

(1)     Hazardous waste, medical waste, special waste, asbestos;

(2)     Heavy accumulations such as brush, broken concrete, ashes, sand or gravel, automobile frames, dead trees and any other bulky or heavy materials;

(3)     Manure from cow lots, horse stables, poultry yards, pigeon lofts, and other animal or fowl pens;

(4)     Waste oil from garages and filling stations;

(5)     Waste from killing and dressing plants;

(6)     Heavy dead animals, such as cows, horses, and mules; and

(7)     Any other waste which is prohibited from disposal at the landfill by the contractor.

(b)     Unacceptable waste shall be removed and disposed of at the expense of the owner or person controlling same and under the direction of the health officer.

   Sec. 6.02.006     Acceptable solid waste containers

(a)     A person owning, managing, operating, leasing, or renting any residential premises shall provide and maintain a suitable solid waste container or containers of sufficient number to hold the garbage and rubbish that accumulates on the premises.

(b)     An acceptable solid waste container shall be sturdy, have two (2) handles on the container's body, and have a tightfitting lid or cover that also has a handle. An acceptable solid waste container shall not exceed a capacity of thirty (30) gallons. Securely tied plastic bags of 1.3 mil thickness or greater may be used for lightweight solid waste provided that the solid waste does not puncture or penetrate the plastic bag.

   Sec. 6.02.007     Enforcement

The health officer shall, in addition to other city enforcement agencies, make inspections to determine whether garbage, trash and rubbish is being properly collected, removed, and disposed of as required by this article or any other applicable health ordinance. To insure full compliance with this article, appropriate and timely action shall be taken should the health officer or any enforcement agency encounter any violations.

(Ordinance 09-381 adopted 5/5/09)

   Sec. 6.02.008     Rates

(a)     Rates and charges required in this section are provided for in section 1.50.521, fee schedule, of this code of the city.

(b)     Should any commercial/industrial establishment affected by this section require more frequent garbage collection services, the establishment shall contact the contractor directly to make such arrangements and shall pay the additional rate directly to the contractor, as set by the rate schedule in section 1.50.521.

(c)     The collection, removal or disposal of garbage within the city's jurisdiction and/or the rent or lease of garbage containers to individuals or commercial/industrial establishments within the city's jurisdiction by any person, business or corporation other than the city or its contractor is expressly prohibited.

(Ordinance 19-27, sec. 3, adopted 5/7/19)

   ARTICLE 6.03 FOOD ESTABLISHMENTS

   Sec. 6.03.001     State regulations adopted

(a)     Rules for food service sanitation. The “Rules on Food Service Sanitation” as adopted and published by the state department or the most current version of these documents is herein adopted together with the additions, deletions, and amendments hereinafter contained. (Ordinance 21-25, sec. 12, adopted 4/20/21)

(b)     Intent of article.

(1)     The intent and purpose of this article is to provide for the inspecting of food establishments in the city or its police jurisdiction, and to provide for the issuing, suspending or revoking of permits for the handling of food in such establishments. The enforcement of this article and the terms of the most current state department of health Rules on Food Service Sanitation and Rules on Retail Food Store Sanitation, a copy of each which shall be on file in the office of the city secretary.

(2)     It is the intent of this article to promote public health and minimize the incidental or purposeful causation of foodborne illness.

(c)     Prevalence of stringency. In the event of a conflict between any provision of the state department of health and any provision of this article, the more stringent of the two shall prevail.

(d)     Rules for establishment sanitation.

(1)     All definitions in “Rules on Food Service Sanitation” and “Rules on Retail Food Store Sanitation” are hereby adopted. In addition the following definitions shall be understood in the application:

(A)     The words “regulatory authority” in said rules shall mean the city health department administrator and/or his authorized representative(s).

(B)     The sentence “A sign shall be prominently displayed in view of each lavatory used by food service employees that states ‘Employees must thoroughly wash hands before returning to work'” shall be added.

     The sentence “A sign shall be prominently displayed at a buffet counter or other similar food self service counter where customers are allowed to serve themselves, that states ‘Use a clean plate when returning to buffet'” shall be added.

(C)     Food establishment. An operation that stores, prepares, packages, serves or otherwise provides food for human consumption either on or off premises, such as: a food service establishment, retail food store, catering location and/or service that provides food directly to a consumer, institution, produce stand that offers uncut and/or cut vegetables and fruits, food processing plant, and any establishment that offers potentially hazardous and/or nonpotentially hazardous prepackaged foods or drinks.

     The term includes an element of the operation such as transportation vehicle or a central preparation facility that supplies a vending location or satellite feeding location unless the vending or feeding location is permitted by the regulatory authority, a restaurant, a grocery store, an operation that is conducted in a mobile, roadside, stationary, temporary, or permanent facility or location, outfitter operations, and regardless of whether there is a charge for the food.

     The term does not include kitchen in a private home if food that is not potentially hazardous is prepared for sale or service at a function such as a religious or charitable organization's bake sale, or a private home that receives catered or home-delivered food.

(1991 Code, sec. 6.201)

   Sec. 6.03.002     Permits, licenses, and certificates

(a)     Possession.

(1)     No person shall operate a food establishment or any business that offers for sale or free of charge any substance, either food or drink, who does not have a valid permit, license or certificate issued to him by the regulatory authority. Only a person who complies with the requirements of these rules shall be entitled to receive or retain such a permit, license or certificate. Any permit, license or certificate issued shall be nontransferable. A valid permit, license or certificate shall be posted and visible to the public in every food establishment.

(2)     With the issuance of a permit, license, or certificate the holder of the permit, license or certificate shall be responsible for all food products stored, prepared, and/or offered for sale. Food products offered in any food establishment shall be from a reputable source and shall meet all labeling and inspection requirements for food manufacturing, packaging, and transportation as required by law.

(b)     Issuance.

(1)     Any person desiring to operate a food establishment shall make written application for a permit, license or certificate on forms provided by the regulatory authority.

(2)     Prior to approval of an application for a permit, license or certificate, the regulatory authority shall inspect the proposed food establishment to determine compliance with the requirements of these rules.

(3)     The regulatory authority shall issue a permit, license or certificate to the applicant if its inspection reveals that the proposed food establishment complies with the requirements of these rules.

(4)     Every food establishment shall pay a health permit fee as provided for in the fee schedule in chapter 1, article 1.50 of this code.

Food establishments that do not offer for sale or free of charge food products that are potentially hazardous and/or do not reportion and do not repackage nonpotentially hazardous food products shall not be required to obtain a health permit for operation but shall comply with all city health codes and ordinances.

(5)     The permit holder shall be the person in charge or shall designate a person in charge and shall ensure that a person in charge is present at the food establishment during all hours of operation.

(c)     Food handler's certificate required.

(1)     No person who owns, manages, or otherwise controls any food service establishment shall supervise work, or engage in work, within a food establishment where employees are in contact with food, utensils, or equipment or provide food service, who does not possess a current, valid food protection management training certificate acquired by passing an accredited examination from an accredited testing facility by the state. All persons required to obtain a food protection management training certificate shall do so within forty-five days of the date of employment.

(2)     To receive a food protection management training certificate, a person must satisfactorily complete an approved course of study in sanitary food handling and pay the required fee.

(3)     The city health department shall be responsible for providing a list of testing facilities offering accredited food protection management training.

(4)     Every food establishment shall have available on the premises at all times the certificate of each employee required to have a food protection management certificate for inspection, and if requested, shall provide the regulatory authority with documentation of the date of employment of any employee of such establishment.

(d)     Suspension.

(1)     The regulatory authority may, without warning, notice or hearing, suspend any permit, license or certificate to operate a food establishment if the holder of the permit, license or certificate has failed to comply with the requirements of these rules, or if the operation of the establishment does not comply with the requirements of these rules, and such noncompliance constitutes a hazard to public health. The regulatory authority may further, without warning, notice or hearing, suspend any permit, license or certificate to operate a food establishment if the holder of the permit, license or certificate is in noncompliance therewith and fails to comply with the requirements of these rules after notice of such noncompliance and the failure to furnish adequate proof of such compliance within a specified period of time stated in the notice to such permit, license or certificate holder served by the regulatory authority and setting forth the reasons for noncompliance with these rules, or, in the case of violations noted at time of inspection and contained in an inspection report, within the time period provided in subsection (d)(2) of this section.

     Suspension is effective upon service of the notice required by subsection (f) of this section. 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 hearing within ten days of receipt of a request for a hearing.

(2)     Whenever a permit, license or certificate is suspended, the holder of the permit, license or certificate, or the person in charge, shall be notified in writing that the permit, license or certificate is, upon service of the notice, immediately suspended and that an opportunity for a hearing with the regulatory authority will 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 days. If no written request for hearing is filed within ten days, the suspension is sustained. The regulatory authority may end the suspension at any time if reasons for suspension no longer exist.

(e)     Revocation. The regulatory authority may, after providing opportunity for a hearing, revoke a permit, license or certificate 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 notify 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 is subject to revocation and that the permit, license or certificate shall be revoked at the end of the ten 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-day period. If no request for hearing is filed within the ten-day period, the revocation of the permit, license or certificate becomes final.

(f)     Service of notices. A notice provided for in these rules is properly served when it is delivered to the holder of the permit, license or certificate, or the person in charge, or when it is sent by registered or certified mail, return receipt 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.

(g)     Hearings. The hearings provided for in these rules shall be conducted by the regulatory authority at a time and place designated 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.

(h)     Application after revocation. Whenever a revocation of a permit, license or certificate has become final, the holder of the revoked permit, license or certificate may make written application for a new permit, license or certificate.

(i)     Permit transferability. Every permit issued under the provisions of this article shall be nontransferable and nonrefundable. A food establishment or temporary food establishment permit shall permit the operation of the establishment only at the location and for the owner for which granted.

(j)     Permit duration.

(1)     Any food establishment permit or mobile food unit permit granted under the provision of this article shall expire on December 31st of the year it is issued unless sooner suspended or revoked for good cause. A food establishment permit that lapses for nonpayment of the annual food establishment permit fee will be reinstated upon payment of a reinstatement fee of one-half the original food establishment permit fee that shall be paid in addition to the original fee for all payments received after January 31st.

(2)     An exception to subsection (j)(1) above is that a temporary food establishment permit shall remain in full force and effect for a period of time not more than fourteen (14) consecutive days in conjunction with a single event or celebration from date of issuance unless sooner suspended or revoked for good cause.

(1991 Code, sec. 6.202)

   Sec. 6.03.003     Inspections

(a)     Frequency. An inspection of a food establishment shall be performed at least once every six months. Additional inspections of the food establishment may be performed as often as are necessary for the enforcement of these rules.

(b)     Access to food establishments by regulatory authority. Agents of the regulatory authority, after proper identification, shall be permitted to enter any food 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 records of the establishments to obtain information pertaining to food and supplies purchased, received or used, or to persons employed.

(c)     Report. Whenever an inspection of a food establishment or commissary is made, the findings shall be recorded on the inspection report form. The inspection report form shall summarize the requirements of these rules and shall set forth a weighted point value for each requirement. Inspection remarks shall state the correction to be made. The rating score of the establishment 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. The rating score of the food establishment inspected may be conspicuously posted at or in the office of the regulatory authority. The food establishment shall post a copy of the most current food establishment inspection report form in a conspicuous place within the food establishment.

(d)     Correction of violations.

(1)     The inspection report form shall specify a period of time for the correction of the violations found, and correction of the violations shall be accomplished within the period specified, in accordance with the following provisions:

(A)     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. Operations shall not be resumed until authorized by the regulatory authority. A rating score of sixty or less shall constitute an immediate cessation of business at the food establishment and shall remain in effect until endangerment of public health no longer exists as deemed by the regulatory authority. A food establishment obtaining a rating score within the range of sixty-one to sixty-nine shall correct all violations noted on the inspection report within forty-eight hours or shall cease business until corrections are accomplished or endangerment to public health no longer exists as deemed by the regulatory authority.

(B)     All violations at the time of inspection shall have corrective action initiated immediately and shall meet the time limits specified on the inspection report form.

(2)     Within 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 violations noted on the inspection report have been corrected. A follow-up inspection shall be conducted to confirm correction. Failure to correct violations within the time specified on the inspection report form and/or falsification of a fifteen-day compliance or report may result in suspension or revocation of a permit, license or certificate or cessation of food establishment operations.

(3)     Considering the nature of the potential hazard involved and the complexity of the corrective action needed, the regulatory authority may agree to or specify a longer time frame, not to exceed ten calendar days after the inspection, for the food establishment to correct facility and equipment requirement violations.

(4)     In the event that a food establishment is unable to consistently meet the guidelines as described in this article, the regulatory authority may use punitive action up to and including citation for a repeated violation, suspension of permit, license or certificate and/or revocation of permit, license or certificate.

(e)     Examination and condemnation of food. Food may be examined or sampled by the administrator or his designee as often as necessary for enforcement of this article. 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 any section of this article. The administrator or his designee 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 removed from the establishment. The administrator or his designee 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 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 this article.

(1991 Code, sec. 6.203)

   Sec. 6.03.004     Review of plans

(a)     Submission of plans. When a food establishment is constructed or extensively remodeled and when an existing structure is converted to use as a food establishment, properly prepared plans and specifications for such construction, remodeling or conversion shall be submitted to the regulatory authority for review and approval before construction, remodeling or conversion is begun. The plans and specifications shall indicate the proposed layout, arrangement, mechanical plans and construction materials of work areas, and the type and model of proposed fixed equipment and facilities. The regulatory authority shall approve the plans and specifications if they meet the requirements of these rules. No food establishment shall be constructed, extensively remodeled or converted except in accordance with plans and specifications approved by the regulatory authority.

(b)     Preoperational inspection. Whenever plans and specifications are required as stated within this article, the regulatory authority shall inspect the food establishment prior to its beginning operation to determine compliance with the approved plans and specifications and with the requirements of these rules.

(1991 Code, sec. 6.204)

   Sec. 6.03.005     Procedure when infection suspected

When the regulatory authority has reasonable cause to suspect the possibility of disease transmission from any food establishment employee, it may secure morbidity history of the suspected employee or make any other investigation as may be indicated and shall take appropriate action. The regulatory authority may require any or all of the following measures:

(1)     The immediate exclusion of the employee from all food establishments.

(2)     The immediate closing of the food establishment concerned until, in the opinion of the regulatory authority, no further danger of disease outbreak exists.

(3)     Restriction of the employee's services to some area of the establishment where there would be no danger of transmitting disease.

(4)     Adequate medical and laboratory examination of the employee, of other employees and of his and her body discharges.

(1991 Code, sec. 6.205)

   Sec. 6.03.006     Penalty for violation of rules

Any person who violates a provision of these rules, any person who is the permit holder or otherwise operates a food establishment that does not comply with the requirements of these rules and responsible offer of that permit holder or those persons shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount of not more than the maximum amount provided by law. Each day that such violation shall continue shall be deemed a separate and distinct offense and shall be punished as such. (1991 Code, sec. 6.206)

   Sec. 6.03.007     Adopted

The city council adopts that “mobile food establishments” shall operate in the same locations as established for other “restaurants, drive-in,” pursuant to the city zoning article 4, section 4.1 “Use of Buildings,” 4.1.A “Uses permitted by District.” (Ordinance 18-41 adopted 6/5/18)

   ARTICLE 6.04 PROPERTY MAINTENANCE*

   Sec. 6.04.001     Code adopted; amendments

(a)     The city council adopts the International Property Maintenance Code, 2018 edition, published by the International Code Council, a copy of which is located on the city building department website.

(b)     The city council adopts the NCTCOG 2018 regional amendments to the International Property Maintenance Code, 2018 edition, a copy of which is located on the North Central Texas Council of Governments website.

(Ordinance 21-25, sec. 13, adopted 4/20/21)

   ARTICLE 6.05 WEEDS, RUBBISH, MISCELLANEOUS OFFENSES

   Sec. 6.05.001     Definitions

Abate. To eliminate by removal, repair, rehabilitation or demolition.

All-weather surface. Includes all surfaces made of asphalt, cement or concrete.

Building. A structure built for the support, shelter or enclosure of a person, animal, chattel, machine, equipment or other moveable property.

Garbage. All decayable wastes, including vegetables or other food product offal, animal and fish offal and carcasses of such animals and fish from all public and private establishments and residences that tends to create a danger to public health, safety and welfare, but does not include sewage, body waste or an industrial byproduct.

Junk. All worn-out, worthless and discarded material in general, including but not limited to old iron or other metal, glass, paper, cordage or other waste or discarded materials that tends to create a danger to public health, safety and welfare.

Litter. All garbage, refuse and rubbish as defined herein, and all other material which, if thrown or deposited as herein prohibited, that tends to create a danger to public health, safety and welfare.

Park or parking. To stand an occupied or unoccupied vehicle other than temporarily while loading or unloading merchandise or passengers.

Premises. All privately owned property, including vacant land or a building designed or used for residential, commercial, business, industrial or religious purposes. The term includes a yard, ground, walk, driveway, fence, porch, steps or other structure appurtenant to the property.

Public street. The entire width between property lines of a road, street, way, thoroughfare or bridge if any part of the road, street, way, thoroughfare or bridge is open to the public for vehicular or pedestrian traffic.

Receptacle. A container that is composed of durable material and designed to prevent the discharge of its contents and to make its contents inaccessible to animals, vermin or other pests.

Recreational vehicle. A self-propelled vehicle designed to be used as temporary living quarters, such as a motor home.

Refuse. All garbage, rubbish, paper and all other decayable and nondecayable waste, including vegetable matter and animal and fish carcasses, except sewage from all public and private establishments and residences, that tends to create a danger to public health, safety and welfare.

Residential neighborhood. Property zoned for single-family or multifamily use.

Responsible party. Any owner of private property, occupant, person with legal right to possess private property, or any person who has a contractual responsibility to maintain the property. In prosecutions under this article, there is a rebuttable presumption that any of the following individuals is the responsible party:

(1)     Any person listed as the owner of the private property on county tax records;

(2)     Any person listed on the utility account associated with the property

(3)     In case the owner shall be a corporation, the president, vice-president, secretary, or treasurer of such corporation or any manager, agent, or employee of such corporation;

(4)     Any person managing the site on behalf of the property owner; or

(5)     Any person in control of the site as a tenant under a contract or a lease.

Rubbish. All nondecayable wastes, from all public and private establishments and from all residences that tends to create a danger to public health, safety and welfare.

Trailer. A vehicle drawn by another and used for hauling materials or other vehicles, such as a boat.

Travel trailer. A vehicle drawn by another vehicle and used as temporary living quarters, such as a camper or pop-up trailer.

Weeds. All rank and uncultivated vegetable growth or matter that:

(1)     Has grown to more than 12 inches in height; or

(2)     May create an unsanitary condition or become a harborage for rodents, vermin or other disease-carrying pests, regardless of the height of the weeds.

   Sec. 6.05.002     Power to define and prohibit nuisances

The city, acting by and through its duly authorized officers, agents and representatives as designated herein, shall have the power to define all nuisances and prohibit the same within the city and outside city limits for a distance of five thousand (5,000) feet.

   Sec. 6.05.003     Unclean premises

It shall be unlawful for any responsible party in control of any property, public or private, any yards, lots, alleys, stables, pens, cellars, vaults, drains, pools, wells, cisterns, privies, sewers, grounds, premises or buildings of any character, to allow litter, refuse, garbage, rubbish, junk, broken or discarded household appliances, carrion, filth, dead carcasses, decaying flesh, fish, fowls, vegetables, stagnant water or other stagnant liquids, flammable liquids, slops, trash, or other deposits or substances of any and every character, which are likely to or do become unwholesome, filthy, unsightly, offensive or unsanitary or likely to create or engender disease to accumulate on said property and that tends to create a danger to public health, safety and welfare.

   Sec. 6.05.004     Protection of cellars, holes, or other openings

It shall be unlawful for any responsible party in control of any property to keep or leave open or unclosed any vault, hole, cellar or other opening on any property, street, sidewalk, alley or other public thoroughfare, unless the same be sufficiently noticed, protected, and guarded to insure safety to all passing by or near same.

   Sec. 6.05.005     Stagnant, foul and offensive water

It shall be unlawful for any responsible party in control of any property to allow holes, places, pools, or other conditions which allow stagnant, foul or offensive water to stand or gather upon any lot, in any premises or part thereof, or under any floor of any building.

   Sec. 6.05.006     Weeds, rubbish, brush, etc., generally

(a)     It shall be unlawful for any responsible party in control of any property to allow weeds, brush or any vegetation which is unsightly, unsanitary, objectionable, or unsafe to grow to a height greater than twelve (12) inches upon said property. It shall be the duty of all persons to keep the area from the line of their property to the curbline, edge of asphalt or point at which the roadway begins, regardless of the type of said roadway adjacent to the property, free and clear of the matter referenced above and in compliance with the provisions of this article. All vegetation not regularly cultivated which exceeds twelve (12) inches in height shall be presumed to be objectionable, unsanitary, and unsightly.

(b)     Acreage being utilized for agricultural purposes shall be required to cultivate and maintain a minimum one-hundred and fifty foot (150') buffer around the property, tract or lot bordering all adjoining property owners. Vegetation within this one-hundred and fifty foot (150') buffer exceeding twelve inches (12") in height shall be presumed to be objectionable, unsanitary, and unsightly.

   Sec. 6.05.007     Refrigerators or airtight containers

It shall be unlawful for any responsible party in control of a property to place or permit to remain outside of any dwelling, building or other structure or within any warehouse or storage room or any unoccupied or abandoned dwelling, building or other structure, under such circumstances as to be accessible to children, any icebox, refrigerator or other airtight or semi-airtight container which has a capacity of one and one half (1-1/2) cubic feet or more and an opening of fifty (50) square inches or more and which has a door or lid equipped with a latch or other fastening device capable of securing such door or lid shut.

   Sec. 6.05.008     View obstructions

It shall be unlawful for responsible party of any improved or unimproved lot to allow said lot to be in violation of section 3.11.126 et seq., obstruction to traffic view, contained in this code.

   Sec. 6.05.009     Public parking of vehicles for sale prohibited

It shall be unlawful for the owner of any motor vehicle, boat, trailer, motorcycle, personal water craft, recreational vehicle, camper or other vehicle to display thereon in writing or signage indicating such vehicle is for sale when parked in or on any area that does not have both a certificate of occupancy issued by the city for the sale of vehicles at that location. This provision shall not apply to any vehicle for sale which is parked in a lawful manner upon or immediately adjacent to the owner's residence, or in the parking area of a commercial establishment or place of business, when the owner is then and there employed and working or is then and there transacting business at the establishment or business.

   Sec. 6.05.010     Dilapidated fences

It shall be unlawful for any responsible party to allow any fence upon their property to exist in a dilapidated condition. Fences shall not be out of vertical alignment more than one (1) foot from the vertical measured at the top of the fence. However, for fencing four (4) feet or less in height, the vertical alignment shall not be more than six (6) inches from the vertical measured at the top of the fence. Any and all broken, damaged or missing parts (i.e., slats, posts, wood rails, bricks, panels) resulting in openings four (4) inches or greater shall be replaced or repaired within sixty (60) days of notification of noncompliance. Fences enclosing swimming pools or spas shall be repaired immediately. Repairs of any nature shall be made with materials of comparable composition, color, size, shape and quality of the original fence to which the repair is being made. Products manufactured for other uses such as plywood, corrugated steel, or fiberglass panels are prohibited from use as fencing materials. Nothing herein shall be construed so as to prohibit the complete removal of a fence, unless such fence encloses a swimming pool or spa.

   Sec. 6.05.011     Animals

(a)     It shall be unlawful for any person to keep, breed or raise animals in or about any place or premises in such numbers or in such manner that the same may become annoying, offensive or disturbing to the adjacent residents of or those passing by such places or premises or which by reason of number create filth in or about such premises or premises adjacent thereto that tends to create a danger to public health, safety and welfare.

(b)     When any nuisance as defined by the section is found to exist, the animal control official may enter the premises and take custody of such animals.

(c)     Custody shall be retained by the city for a period of time not to exceed seventy-two (72) hours.

(d)     Custody will be returned to the owner provided arrangements are made that the animal control official determines will not create a nuisance.

(e)     If custody is not returned to the owner, the animal control official shall make arrangements for placement with another owner or organization or for humane euthanasia.

(f)     If custody is not returned, the city will follow the procedures outlined in the abatement provisions below.

   Sec. 6.05.012     Manner of placing litter in receptacles

It shall be unlawful for any person to place litter in public receptacles or in authorized private receptacles in such a manner as to allow it to be carried or deposited by the elements upon any street, sidewalk or other public place or upon private property.

(Ordinance 09-409 adopted 10/6/09)

   Sec. 6.05.013     Reserved

Editor's note–Former section 6.05.013 pertaining to substandard structures and deriving from Ordinance 09-409 adopted 10/6/09, was deleted in its entirety by Ordinance 18-12, sec. 14, adopted 2/6/18.

   Sec. 6.05.014     Junk vehicles

It shall be unlawful for the responsible party of any improved or unimproved lot to allow said lot to be in violation of article 8.06, abandoned and junked motor vehicles.

   Sec. 6.05.015     Unlawful discharges into surface water

It shall be unlawful for any responsible party to release or allow to be released any chemical or waste product directly or indirectly into surface water that tends to create a danger to public health, safety and welfare.

   Sec. 6.05.016     Parking of oversize vehicles in residential neighborhoods

It shall be unlawful for any person to park any vehicle with a length greater than twenty-five (25) feet or any vehicle with a weight of four thousand (4,000) pounds or greater on any property, public or private, for a period in excess of twenty-four (24) hours.

   Sec. 6.05.017     Parking on all-weather surface required

It shall be unlawful for any person to park any car, truck, trailer, boat, personal watercraft, motor home, camper or motorcycle on any surface, except on all-weather surface.

   Sec. 6.05.018     Parking trailers, travel trailers or recreational vehicles on residential streets

It shall be unlawful for any person to park any trailer, travel trailer or recreational vehicle on any residential street within the city for a period in excess of twenty-four (24) hours.

   Sec. 6.05.019     Abatement by owner

It shall be the duty of any responsible party in control of any lot, tract or parcel of land or portion thereof, or any building or portion thereof, whether occupied or unoccupied, improved or unimproved, or in which any condition prohibited in sections 6.05.003 thru 6.05.018 of this article is found to exist, to remove or cause to be removed the prohibited nuisance at no cost to the city. Failure to remove or cause to be removed such nuisance after notice according to procedures outlined in section 6.05.021(a)(1) and within the timeframe allowed to do so, shall constitute a misdemeanor.

   Sec. 6.05.020     Abatement by city

Whenever any nuisance, as defined in sections 6.05.003 thru 6.05.018 of this article, is found to exist, and no responsible party otherwise having supervision or control of the premises containing such nuisance can be located, or when immediate abatement of said nuisance is deemed necessary by the city for the public health, safety, and welfare of its citizens, the city shall initiate the abatement process in accordance with section 6.05.021 below. Costs associated with such nuisance abatement shall be borne by the responsible party in control of the premises.

   Sec. 6.05.021     Notification of violation and abatement procedures

(a)     If any responsible party otherwise having supervision or control of any lot, tract or parcel of land or portion thereof or any building or portion thereof shall fail to comply with the provisions of section 6.05.019 above, said person may, in addition to being charged with a violation of this article, be given notice to comply with the provisions of section 6.05.019 above.

(1)     Notification of violation. The city shall notify a responsible party that their property is in violation of one or more sections of this article before issuing a citation under this article. Notice shall be given in any one of the following manners:

(A)     In writing given to a responsible party;

(B)     In a letter addressed to the responsible party at the post office address listed on the county tax records or the utility account associated with the property in violation, and sent certified mail, return receipt requested.

(C)     If personal notice cannot be given or the responsible party's post office address is unknown, notice may be given as follows:

(i)     By posting the notice on or near the front door of each building on the property to which the violation relates; or

(ii)     By posting the notice on a placard attached to a stake driven into the ground on the property to which the violation relates, if the property contains no buildings.

(D)     Utility companies may request electronic notification by submitting a written request to the city. The request for electronic notification must include the e-mail address to which all notifications will be sent.

(2)     The date of notice and deadline for correction of violation(s) or filing of appeal will be, respectively:

(A)     For personal notice given under subsection (a)(1)(A), considered received when given to responsible party, and deadline for correction ten (10) days thereafter;

(B)     For mailed notice under subsection (a)(1)(B), considered delivered after 3 days, and deadline for correction seven (7) days after considered delivered (total of 10 days); or

(C)     For notice by posting under subsection (a)(1)(C), ten (10) days after notice is posted.

(b)     The owner cited for a violation under this article may, within seven (7) days from the date the notice is received, request a hearing from the city to review the issues related to the violation. The hearing will be held by the building board and standards commission. The hearing will include all information related to the parties' arguments. Each side will have no more than one (1) hour for its presentation. A final written decision will be issued by the building board and standards commission, within ten (10) days of the hearing described herein.

(c)     City's right to restore property. After the expiration of time for correction of violations, as outlined in section 6.05.021(a)(2), and if no hearing is requested, the city or its representatives shall have the right of access to the property containing the nuisance condition(s) in accordance with this article, and do or cause to be done any work necessary to bring such premises into compliance with this article. If a hearing is requested, the city or its representatives shall have the right of access to the property for the purposes as described above, two (2) days from the issuance of the findings under the appeal.

(d)     In a notice provided under this section, the city may also include terms of an annual notice which conforms to this subsection. The annual notice terms shall inform the owner that if the owner commits another violation of the same kind or nature that poses a danger to the public health, safety or welfare, on or before the first anniversary of the date of the notice, the city without further notice may correct the violation at the owner's expense and assess the expense against the property. If a violation covered by the terms of the annual notice occurs within the one-year period, and the city has not been informed in writing by the owner of an ownership change, then the city without further notice may do the work or make the improvements required and pay for the work done or improvements made and charge the expenses to the owner of the property as provided in this section.

(e)     The expenses incurred in correcting the condition of such property, including the cost of delivering and posting notice and of publishing notice in the newspaper, shall be initially paid by the city and charged to the owner of such property, and the city may cause the expense thereof to be assessed on the real estate, lot or lots upon which such expense was incurred. On filing with the county clerk a statement of the expense incurred in correcting the condition on the property, 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. The lien statement shall be filed by the director of community development or his designee, and shall state the name of the owner, if known, and the legal description of the property. For any such expenditures and interest, suit may be instituted and recovery and foreclosure may be had by the city. The statement of expenses filed with the county clerk or a certified copy thereof shall be prima facie proof of the improvements as particularly specified in the Texas Health and Safety Code section 342.0007. The procedures set out herein are civil in nature and shall in no way restrict or prohibit the prosecution of criminal charges under the provisions of this article.

(f)     Any police officer of the city or any other peace officer is empowered to stop the transportation of and detain any nuisance found being transported illegally until the appropriate officials, which are hereafter designated, can be notified in order that the said nuisance may be seized and destroyed, in accordance with the terms of this article, to protect the public health, safety and welfare.

(g)     Notwithstanding any penal, lien or notice provision of this article, the attorney of the city is authorized to file suit on behalf of the city for such injunctive relief as may be necessary to prevent unlawful storage, transportation, keeping or using of a nuisance and to aid the hereinafter designated officials in the discharge of their duties and to particularly prevent any person from interfering or attempting to interfere with the seizure and destruction of such nuisance.

(h)     Right of entry. The hereinafter designated officials are hereby authorized to enter the public areas of any building or premises, not a private residence or dwelling, at all reasonable times where the unlawful presence of a nuisance is suspected, in order to inspect the same for the presence of such nuisance or to abate or destroy the nuisance, if such building or premises are occupied and conducting business. Such official shall first present proper credentials and demand entry, unless otherwise permitted by law. If such building or premises are unoccupied, a reasonable effort shall be made to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry is refused, or if no owner or other person having charge or control of the building or premises can be located, or the area to be inspected is not a public area, the hereinafter designated officials shall have recourse to every remedy provided by law to secure entry.

(Ordinance 09-409 adopted 10/6/09)

   Sec. 6.05.022     Reserved

Editor's note–Former section 6.05.022 pertaining to authority to enforce and deriving from Ordinance 09-409 adopted 10/6/09, was deleted in its entirety by Ordinance 18-12, sec. 15, adopted 2/6/18.

   Sec. 6.05.023     Penalty for violations

(a)     Any person, firm, corporation, responsible party or business entity violating this article shall be deemed guilty of a class C misdemeanor, and upon conviction thereof shall be fined in accordance with the general penalty provision found in section 1.01.009 of this code. Each continuing day's violation under this article shall constitute a separate offense.

(b)     The penal provisions imposed under this article shall not preclude the city from filing suit to enjoin the violation. The city retains all legal rights and remedies available to it pursuant to local, state and federal law.

(Ordinance 09-409 adopted 10/6/09)

   ARTICLE 6.06 SMOKING

   Sec. 6.06.001     Purpose

The purpose of this article is to:

(1)     Improve and protect the public's health by eliminating smoking in public places and places of employment/workplaces;

(2)     Promote the right of nonsmokers to breathe smoke-free air; and

(3)     Recognize that the need to breathe smoke-free air shall have priority over the choice to smoke in the city.

   Sec. 6.06.002     Definitions

The following words and phrases, whenever used in this article, shall be construed as defined in this section:

Bar. An area which is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of such beverages. A bar includes those facilities located within a hotel, motel or other similar transient occupancy establishment.

Bingo hall. Any premises in which an establishment or organization as its sole or predominant function offers the playing of bingo. A “not for profit” or private organization offering the playing of bingo as a secondary function is not a bingo hall.

Business. Any sole proprietorship, partnership, joint venture, corporation or other business entity formed for profit-making or nonprofit purposes, including all establishments where goods or services are sold.

Employee. Any person who is employed by any employer in consideration for direct or indirect monetary wages or profit.

Employer. Any person, partnership, corporation, including a municipal corporation, or nonprofit entity, which employs the services of one or more individual persons.

Enclosed area. All space between a floor and ceiling which is enclosed on all sides by solid walls or windows (exclusive of door or passage ways) which extend from the floor to the ceiling, including all space therein screened by partitions which do not extend to the ceiling or are not solid.

Health-care facility. Any institution that provides medical, surgical, and overnight facilities for patients, including, but not limited to, hospitals, clinics, physical therapy facilities, doctor's offices, dentists offices, nursing homes, adult care facilities, convalescent homes and residential treatment centers/homes.

Place of employment/workplace. Any enclosed area under the control of a public or private employer which employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges and restrooms, conference and classrooms, employee cafeterias and hallways. A private residence is not a place of employment unless it is used as a residential child-care, residential adult day-care, bed and breakfast or health-care facility.

Private organization. An entity, whether incorporated or not, which is the owner, lessee, or occupant of a building or portion thereof used exclusively for such organization's purposes, which is operated solely for a recreational, fraternal, social, patriotic, political, benevolent, or athletic purpose, but not for pecuniary gain and which only sells alcoholic beverages incidental to its operation. The affairs and management of the organization are conducted by a board of directors, executive committee, or similar body chosen by the members at an annual meeting. The organization has established bylaws and/or a constitution to govern its activities. The organization has been granted an exemption from the payment of federal income tax as a nonprofit organization under 26 U.S.C., section 501. The term “private organization” shall not include any portion of a building or premises, whether owned or leased by a nonprofit corporation when said portion is in use by an entity that is not a nonprofit corporation organized under 26 U.S.C. section 501.

Private place. Any enclosed area to which the public is not invited or in which the public is not permitted, including but not limited to: personal residences, premises owned or used by private organizations or personal automobiles. A privately owned business open to the public is not a private place.

Public place. Any enclosed area to which the public is invited or in which the public is permitted, including but not limited to: banks, educational facilities, health facilities, laundromats, public transportation and affiliated facilities, reception areas, production and marketing establishments, retail service establishments, retail stores and malls, theaters and waiting rooms. A private residence is not a public place.

Residential adult day-care facility. Any facility operated to provide care for and designed to meet the needs of functionally or cognitively impaired adults for less than twenty-four hours per day at the caregiver's own residence.

Residential child-care facility. Any facility operated to provide care for one or more child for less than twenty-four hours per day at the caregiver's own residence.

Restaurant. An eating establishment, including but not limited to: coffee shops, cafeterias, sandwich stands, and private and public school cafeterias, which gives or offers for sale food to the public, guests, or employees; as well as kitchens and catering facilities in which food is prepared on the premises for serving elsewhere.

Retail tobacco store (or cigar bar). A retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental. For purposes of this article, other products that are merely incidental means not exceeding thirty percent (30%) of annual gross sales.

Service line. Any indoor line at which one (1) or more persons are waiting for or receiving service of any kind, whether or not such service involves the exchange of money.

Smoking. Inhaling, exhaling, burning or carrying any lighted cigar, cigarette, pipe, tobacco, weed, or plant in any manner or in any form.

Sports arena. Sports pavilions, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling alleys and other similar places where members of the general public assemble either to engage in physical exercise, participate in athletic competition, or witness sports events.

   Sec. 6.06.003     Prohibition of smoking in public places

Smoking shall be prohibited in all places of employment/workplaces and enclosed public places as well as those outdoor areas designated in sections 6.06.004 and 6.06.005, within the city, including, but not limited to, the following places:

(1)     Elevators.

(2)     Restrooms, lobbies, reception areas, hallways and any other common-use areas.

(3)     Buses, bus stops, taxicabs, train stations, Granbury Airport, and other facilities and means of public transit under the authority of the city, as well as ticket, boarding, and waiting areas of public transportation facilities.

(4)     Service lines.

(5)     Retail stores, shopping centers and malls except as provided in section 6.06.006.

(6)     All enclosed areas available to and customarily used by the general public for public assembly or for all public businesses, including but not limited to: professional offices, banks, service waiting areas, laundromats, hotels, motels and bed and breakfast establishments. Hotels and motels may allow for a percentage of rooms designated as smoking rooms as set forth in section 6.06.006(6).

(7)     Restaurants, cafes, bakeries, diners and other eateries.

(8)     Fuel dispensing stations, convenience stores, auto wash.

(9)     Galleries, libraries, zoos, and museums.

(10)     Any facility which is primarily used for exhibiting any motion picture, stage, drama, lecture, musical recital or other similar performance, except that performers may smoke when the smoking is part of a stage production.

(11)     Indoor sports arenas and convention halls.

(12)     Every room, chamber, place of meeting or public assembly, under the control of any board, council, commission, committee, including joint committees, or agencies, of the city.

(13)     Lobbies, hallways, and other common areas in apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes, and other multiple-unit residential facilities.

(14)     Polling places.

(15)     Bingo halls and sports arenas.

(16)     Sexually oriented businesses (SOB's).

(17)     Places of employment/workplaces.

(18)     Library.

(19)     Any portion of any publicly or privately owned unenclosed area to which the public or a substantial group of the public has access, which has been designated by the owner, manager, operator or other person having control of such area, as a nonsmoking area.

(20)     Any common area of a multi-family development, unless it is an owner occupied condominium.

(21)     Health-care facility.

(22)     Bars and nightclubs.

   Sec. 6.06.004     Prohibition of smoking in places of employment/workplace and within a reasonable distance of fifteen feet (15') of places where smoking is prohibited

(a)     It shall be the responsibility of employers to provide a smoke-free place of employment/workplace for all employees.

(b)     Smoking shall be prohibited in all indoor areas in places of employment without exception. This includes common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, vehicles, and all other enclosed facilities.

(c)     Smoking and the placement of any smoking receptacle is prohibited within a distance of not less than fifteen feet (15') outside entrances, operable windows, and ventilation systems of enclosed areas where smoking is prohibited in any public place or place of employment/workplace without exception. Measurement shall be taken from the outer dimension of the operating doors, window frames or air induction or ventilation systems.

(d)     Each employer having control of any enclosed place of employment/workplace shall post a no smoking – city ordinance sign, displaying the international no smoking symbol in the place of employment/workplace within thirty (30) calendar days after the effective date of this article and in the future prior to receiving any required certificate of occupation from the city.

(e)     Upon annexation and entry into the city corporate boundary, each business shall have no greater than thirty (30) days from the adoption date of the annexation to strictly comply with the provisions contained in this article. The council may, on its motion consider a different compliance term provided that the term is stated during the approval of the ordinance annexing the particular area into the city.

   Sec. 6.06.005     Prohibition of smoking in specified outdoor areas

Smoking shall be prohibited in the following outdoor areas.

(1)     Boarding and waiting areas of public transportation facilities.

(2)     City parks, playgrounds, public docks and boat launch areas, and public recreation areas, excepting however private boats on city lakes.

(3)     Public and private athletic and stadium seating areas and service lines for sports venues and recreational activities.

(4)     Sidewalks along both sides of the right-of-way located on the historic downtown square and a distance of one-hundred and fifty feet (150') off of the corners, traversing away from the historic downtown square, see exhibit A attached to Ordinance 08-305.

   Sec. 6.06.006     Exemptions from prohibition

The following are exemptions to this article where smoking is not prohibited, unless the area is designated as nonsmoking by the owner, operator, manager or person in control of the establishment or facility, in which case the regulatory affect of this article would apply in full:

(1)     A private residence, unless it is used as a residential child-care or residential adult day-care facility, bed and breakfast or health-care facility.

(2)     A retail tobacco store or cigar bar.

(3)     Any premises controlled and used by a private organization. This exemption shall not apply to any private organization that is established for the purpose of avoiding compliance with this article.

(4)     Any bar or nightclub which is currently operating under private club registration permit in accordance with TABC regulations not serving any food.

(5)     Outdoor patios which are open-aired, located in the rear or side with no front and or main entry point, adjacent to bars or restaurants and served by employees of such bars or restaurants provided that no smoking shall be allowed within 15' from outside entrances, operable windows, and ventilation systems of areas where smoking is prohibited by this article. Open-aired means no solid fencing of any type or to any degree surrounding the seating area of the patio. The exemption would apply only to decorative open-aired fencing (such as wrought iron, slats or lattice work which would allow for >50% light and air penetration) surrounding the patio area. Any outdoor patio area encased with one or more solid walls or partial wall extending vertically, excluding the solid wall of the bar or restaurant, shall not be included in this exemption.

(6)     Hotel and motel rooms may be rented to guests which are designated as smoking rooms; provided, however, that no more than twenty percent (20%) of hotel and motel rooms rented to guests may be so designated. All smoking rooms on the same floor must be contiguous and smoke from these rooms must not infiltrate into areas where smoking is prohibited under the provisions of this article. The status of rooms as smoking or nonsmoking may not be changed, except to add additional nonsmoking rooms. The exemption does not apply to any bed and breakfast facility.

(7)     Private and semiprivate rooms in nursing homes and long-term care facilities that are occupied by one (1) or more persons, all of whom are smokers and have requested to be placed in a room where smoking is permitted; provided that approval has been granted by the health-care administrator and that smoke from these places does not infiltrate into areas where smoking is prohibited under the provisions of this article.

(8)     Designated smoking areas at outdoor events or festivals. The designated smoking areas must be delineated on an attached site plan to the event/festival permit application for city consideration. Approval may only be granted to those areas which are separated from the ingress/egress of the general public attending the festival or event. All smoking receptacles, depositories or ashtrays shall be located within the designated smoking area and conspicuous signage designating the smoking area shall be required at the entry points.

   Sec. 6.06.007     Posting of signs

(a)     The owner, manager or other person having control of a public place or place of employment/workplace or other area where smoking is prohibited by this article shall have a conspicuously posted sign clearly stating “No Smoking – City Ordinance,” displaying the international no smoking symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with red bar across it). The owner or manager of an establishment governed by this article commits an offense if he or she fails to post and maintain the required signs.

(b)     All children's playgrounds associated with eating establishments shall be nonsmoking. All doors and gates leading to such play areas shall be posted: “No Smoking – City Ordinance.”

(c)     All ashtrays, receptacles, smoking depositories and other smoking paraphernalia shall be placed outside of the smoking prohibited areas, but appropriately located for the enforcement of extinguishing of smoking materials in public places and places of employment/workplace.

   Sec. 6.06.008     Viable defense

It is a defense to prosecution under this article that the location of the receptacle, depository or ashtray for the extinguishment of the smoking materials was not properly located within the conveyance of public entrances and placed inside of the prohibited areas by either the employer or business owner or manager regulated by this article. This defense extends only to the smoker attempting to extinguish the tobacco product and not to the business owner or employer of the public place or place of employment/workplace whose responsibility it is to place the receptacle, depository or ashtray in manner to become compliant with intent, terms and provisions of this article.

   Sec. 6.06.009     Enforcement

(a)     Enforcement of this article shall be by any police officer, city health inspector or as designated or assigned by the city manager.

(b)     Notice of the provisions set forth in this article shall be given to all applicants for a certificate of occupancy or any other license to operate a business in the city.

(c)     Any person may register a complaint under this article to initiate enforcement with any agency or official designated herein.

(d)     The above-designated enforcement persons shall, while an establishment is undergoing otherwise mandated inspections, inspect for compliance with this article.

(e)     Any owner, manager, operator or employee of any establishment regulated by this article shall be responsible for ensuring a smoke-free workplace and informing persons violating any the provisions this article.

   Sec. 6.06.010     Special areas designated by council

The city council may establish designated smoking areas by resolution on public property, provided that the designated smoking area is separated, removed and is not infringing on the nonsmokers enjoyment to breathe smoke-free air in the prohibited areas. The areas will specifically be described in the resolution and clearly marked on site as a smoking area. Smoking outside of the area delineated will constitute a violation of this article.

   Sec. 6.06.011     Nonretaliation

No person or employee shall discharge, refuse to hire or in any manner retaliate against any employee, applicant for employment or customer because such employee, applicant or customer exercises any right to a smoke-free environment afforded by this article.

   Sec. 6.06.012     Violations and penalties

(a)     It shall be unlawful for the owner, manager or other person having control of a public place or place of employment or other area where smoking is prohibited by this article to allow smoking or to fail to comply with any of the provisions of this article.

(b)     It shall be unlawful for any person to smoke in any area where smoking is prohibited by the provisions of this article, or to violate any provision of this article.

(c)     Any person who violates any provision of this article shall be guilty of a misdemeanor and shall be punished by a fine of not more than three hundred dollars ($300.00). If a defendant has been previously convicted under this article, the defendant shall be punished by a fine of not more than five hundred dollars ($500.00). Each violation of this article shall constitute a separate offense.

(d)     The city manager may suspend or revoke a permit or license issued to the operator of a public place or workplace where a violation of this article occurs.

   Sec. 6.06.013     Other applicable laws

This article shall not be interpreted nor construed to permit smoking where it is otherwise restricted by other applicable laws.

(Ordinance 08-305 adopted 4/15/08)