Chapter 34. Environment

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Any thing or condition means any kind of business, mercantile manufacturing plant, establishment, foundry, slaughterhouse or other commercial venture which by its operation, maintenance or existence creates a condition producing or maintaining the effects or results of a nuisance described in this article.

Nuisance means any thing or condition existing within the city or within 5,000 feet thereto, which is per se or because of its use, maintenance, location, occupation, operation, neglect or misuse offensive, injurious, vexatious, annoying or unwholesome to the inhabitants of the city or directly to one or more of them or detrimental to their health, peace, comfort and safety, including the elements constituting a nuisance prescribed by common law or state statutes.

(Code 1967, § 17-17(a); Ord. No. 7085, § 1, 9-8-94; Ord. No. 7238, § 1, 2-23-95; Ord. No. 9966, § 1, 12-9-04)

It shall be unlawful for any person to so own, use, conduct, control, maintain, operate or locate any thing or condition within the city or the area within 5,000 feet adjacent to the city whereby the thing or condition is then and there a nuisance per se or becomes or has become a nuisance.

(Code 1967, § 17-17(b); Ord. No. 7085, § 1, 9-8-94; Ord. No. 7238, § 1, 2-23-95)

Exclusive of nuisances relating to noise, vibration, drainage or flood control and pollution performance standards, it is an exception to the application of section 34-27 if the property within 5,000 feet of the city limits is within an industrial district and if an express, written agreement exists between the owner of the property and the city to not apply or purport to apply any ordinance, rule or regulation to such property.

(Code 1967, § 17-17(c); Ord. No. 7085, § 1, 9-8-94; Ord. No. 7238, § 1, 2-23-95)

The city council, upon receiving a complaint as to the existence of a nuisance, as defined in this article, when it is not otherwise defined by this Code or state statute, may set a day for hearing as to the nuisance. The city council, sitting as in the nature of a court of inquiry, shall notify all persons involved or interested in the subject to appear and to give testimony. The city council shall, as far as practicable, receive and obtain all the facts regarding the matter. The city council shall consider the evidence and arguments and determine whether there exists a nuisance in the particular case. Such decision shall be based on all of the relevant provisions of this article.

(Code 1967, § 17-17(d); Ord. No. 7085, § 1, 9-8-94; Ord. No. 7238, § 1, 2-23-95)

If, after the hearing held as provided in section 34-29, the city council determines that a nuisance does exist, it shall issue an order, entered in the minutes of the city council, and shall cause the notice to be served upon the person responsible for the nuisance to remove or abate the nuisance within ten days or within a longer time if set by the city council. If such responsible person fails or refuses to comply with this order, he shall be deemed to have violated this article and upon conviction shall be punished as provided in section 1-14.

(Code 1967, § 17-17(e); Ord. No. 7085, § 1, 9-8-94; Ord. No. 7238, § 1, 2-23-95)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandoned motor vehicle means any motor vehicle that:

(1) Is inoperable and more than five years old and left unattended on public property for more than 48 hours;

(2) Has remained illegally on public property for more than 48 hours;

(3) Has remained on private property without the consent of the owner or person in charge of the property for more than 48 hours;

(4) Has been left unattended on the right-of-way of a designated state, county or federal highway for more than 48 hours;

(5) Has been left unattended for more than 24 hours on the right-of-way of a turnpike project constructed and maintained by the state turnpike authority or a controlled access highway; or

(6) Is considered an abandoned motor vehicle under V.T.C.A., Transportation Code § 644.153(r).

Antique vehicle means a passenger car or truck that is at least 25 or more years old.

Collector or motor vehicle collector means the owner of one or more antique or special interest vehicles who collects, purchases, acquires, trades or disposes of an antique or special interest vehicle or part of such vehicle for personal own use to restore, preserve and maintain an antique or special interest vehicle for historic interest.

Controlled access highway has the meaning assigned by V.T.C.A., Transportation Code § 541.302.

Demolisher means any person whose business is to convert a motor vehicle into processed scrap or scrap metal or otherwise to wreck or dismantle vehicles.

Inoperable means mechanically incapable of being self-propelled or that, due to mechanical defects, cannot be lawfully operated on public roads.

Junked vehicle means any motor vehicle, aircraft or watercraft, as defined in V.T.C.A., Transportation Code § 683.001, that:

(1) Is self-propelled;

(2) If:

a. A motor vehicle, does not have lawfully attached to it an unexpired license plate;

b. An aircraft, does not have lawfully printed on the aircraft an unexpired federal aircraft identification number registered under Federal Aviation Administration aircraft registration regulations in 14 C.F.R. Part 47; or

c. A watercraft, does not have lawfully on board an unexpired certificate of number and is not a watercraft described by V.T.C.A., Parks and Wildlife Code § 31.055; and

(3) Is:

a. Wrecked, dismantled, or partially dismantled, or discarded; or

b. Inoperable and has remained inoperable for more than 72 consecutive hours.

Motor vehicle means any motor vehicle subject to registration under the Texas Certificate of Title Act, V.T.C.A., Transportation Code ch. 501 et seq.

Special interest vehicle means a motor vehicle of any age that has not been changed from the original manufacturer's specifications and, because of its historic interest, is being preserved by a hobbyist.

Vehicle means a motor vehicle, aircraft or watercraft as defined in V.T.C.A., Transportation Code § 683.001.

(Code 1967, § 18-80; Ord. No. 2559, § 2, 10-12-78; Ord. No. 4247, § 1, 9-12-85; Ord. No. 6531, § 1, 2-11-93; Ord. No. 7044, § 1, 7-28-94; Ord. No. 9319, § 1, 2-14-02; Ord. No. 10,428, 9-28-06; Ord. No. 12,948, § 1, 8-27-15)

(a) The directors of health, and planning and community development and their respective designees, who are regularly salaried, full-time employees, are designated as the administrators of this article, except that the removal of vehicles or parts of vehicles from public or private property may be by any other person authorized to do so by the directors named in this subsection.

(b) Persons authorized in subsection (a) of this section to administer this article may enter upon private property for the purposes specified in this article to examine vehicles or parts of vehicles, to obtain information as to identification of vehicles and to remove or cause the removal of a vehicle or parts of a vehicle declared to be a nuisance pursuant to this article.

(Code 1967, § 18-83; Ord. No. 2559, § 2, 10-12-78; Ord. No. 7717, § 7, 6-13-96; Ord. No. 9034, § 1, 11-9-00)

Junked vehicle or a part of a junked vehicle located in any place where it is visible from a public place or right-of-way:

(1) Is detrimental to the safety and welfare of the general public;

(2) Tends to reduce the value of private property;

(3) Invites vandalism;

(4) Creates fire hazards;

(5) Constitutes an attractive nuisance creating a hazard to the health and safety of minors; and

(6) Produces urban blight adverse to the maintenance and continuing development of the city.

Such a vehicle is therefore declared to be a public nuisance.

(Code 1967, § 18-81; Ord. No. 2559, § 2, 10-12-78; Ord. No. 7044, § 2, 7-28-94; Ord. No. 12,948, § 2, 8-27-15)

This article shall not apply to:

(1) A vehicle or part of a vehicle that is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property;

(2) A vehicle that is stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer or junkyard, or that is an antique or special interest vehicle stored by a motor vehicle collector on the collector's property, provided the vehicle and the outdoor storage area are maintained in such a manner that they do not constitute a health hazard and are screened from ordinary public view by means of a fence, rapidly growing trees, shrubbery or other appropriate means; or

(3) A motor vehicle or part thereof which is used as a sign for which a sign permit has been issued by the city, provided the motor vehicle is maintained in such a manner that it does not constitute a health hazard.

(Code 1967, § 18-82; Ord. No. 2559, § 2, 10-12-78; Ord. No. 2785, § 1, 12-13-79; Ord. No. 7044, § 3, 7-28-94; Ord. No. 9319, § 2, 2-14-02)

(a) Whenever any public nuisance exists in the city, as described in this article, a person authorized in section 34-92 to administer and enforce this article shall send written notice by personal delivery, by certified mail, with a five-day return receipt requested, or by the United States Postal Service with signature confirmation service to the last known registered owner of the nuisance, each lienholder of record of the nuisance, and the owner or occupant of the private premises or the private premises adjacent to the public right-of-way upon which such public nuisance is located. Such notice shall state the following:

(1) The nature of the public nuisance;

(2) The nuisance must be removed or abated within ten days after the date on which the notice was personally delivered or mailed; and

(3) The recipient of the notice may request a public hearing within ten days of the date on which the notice was personally delivered or mailed. Such hearing shall be held before the judge of the municipal court. At the hearing it shall be presumed that the vehicle is inoperable, unless otherwise demonstrated by the owner.

(b) If the postal address of the last known registered owner of the junked vehicle is unknown, notice to the last known registered owner shall be placed on the vehicle, or if the owner is located, personally delivered.

(c) If any notice is returned undelivered by the U.S. post office, official action to abate the nuisance shall be continued to a date not earlier than the eleventh day after the date of return.

(d) No vehicle that has been removed by the city or on behalf of the city under this article may be reconstructed or made operable after it has been removed.

(e) Any order requiring the removal of the vehicle or vehicle part must include:

(1) For a motor vehicle, the vehicle's:

a. Description;

b. Vehicle identification number; and

c. License plate number;

(2) For an aircraft, the aircraft's:

a. Description; and

b. Federal aircraft identification number as described by Federal Aviation Administration aircraft registration regulations in 14 C.F.R. Part 47; and

(3) For a watercraft, the watercraft's:

a. Description; and

b. Identification number as set forth in the watercraft's certificate of number.

(f) Any vehicle found to be a public nuisance under this article and ordered to be removed and abated shall not be considered to be abated until such time as the vehicle is removed to an authorized location or restored to such a condition that it no longer constitutes a public nuisance under this article.

(g) If no hearing is requested within the time provided in this section or if a hearing is held and the hearing officer orders that the vehicle be removed and the owner of the vehicle or occupant of the premises shall fail to comply with an order of the court to remove the vehicle, the director of health, or planning and community development shall cause the vehicle to be removed and disposed of in accordance with this article.

(h) If a hearing is requested and, upon order by the judge of the municipal court or other hearing officer designated of the city council that a junked vehicle be removed as a public nuisance, the director of health, or planning and community development shall cause such junked vehicle to be removed from the premises where it is located at the time.

(i) Upon such removal the director of health, or planning and community development shall cause the junked vehicle to be transported to a scrapyard, demolisher or other suitable site where the junked vehicle shall be disposed of as scrap or salvage.

(j) The director of health, or planning and community development may enter private property to examine a vehicle or vehicle part, to obtain information as to the identity of the vehicle or vehicle part and to remove or cause the removal of a vehicle or vehicle part that constitutes a nuisance. The judge of the municipal court may issue orders necessary to enforcement of this section.

(k) Upon removal of a junked vehicle under this article, a person authorized to enforce this article shall cause notice to be sent to the state department of motor vehicles not later than five days after the date of removal. Such notice shall identify the vehicle and shall request the state department of motor vehicles to cancel the certificate of title to the vehicle.

(l) The city manager or the chief of police may arrange for or employ such assistance or means as is necessary to carry out the duties prescribed in this section.

(m) The regularly salaried full-time city employees authorized to enforce this article may issue citations for violations of this article.

(Code 1967, § 18-84; Ord. No. 2559, § 2, 10-12-78; Ord. No. 6531, § 2, 2-11-93; Ord. No. 7717, § 8, 6-13-96; Ord. No. 9034, § 2, 11-9-00; Ord. No. 9319, § 3, 2-14-02; Ord. No. 12,948, § 3, 8-27-15)

(a) Whenever a junked vehicle is a public nuisance as defined in section 34-93, any owner or occupant of the premises upon which such nuisance is located who shall fail, refuse or neglect to remove or abate such nuisance or who shall refuse notice as provided in this article or who shall refuse to abide by any order requiring the removal of the vehicle or part of a vehicle commits an offense and upon conviction shall be subject to a fine of not less than $100.00 or more than $200.00, and each day such violation continues to exist shall constitute a separate offense.

(b) Upon conviction under this section, the court shall order the abatement and removal of the junked vehicle which is the subject of such conviction upon a finding by the court that such vehicle continues to constitute a public nuisance.

(Code 1967, § 18-86; Ord. No. 2559, § 2, 10-12-78; Ord. No. 6531, § 3, 2-11-93; Ord. No. 7044, § 4, 7-28-94; Ord. No. 7161, § 1, 11-10-94)

(a) The chief of police may take into custody any abandoned motor vehicle, aircraft, watercraft, or outboard motor found on public or private property within the corporate limits of the city by causing the removal of such vehicle to the police impound lot or other appropriate facility designated by the chief of police.

(b) Upon taking an abandoned motor vehicle into custody, the chief of police shall send notice of abandonment to:

(1) The last known registered owner of the abandoned motor vehicle, aircraft, watercraft or outboard motor, and

(2) Each lienholder recorded:

a. Under Chapter 501 for the motor vehicle;

b. With the Federal Aviation Administration or the Secretary of State for the aircraft; or

c. Under V.T.C.A., Parks and Wildlife Code ch. 31 for the watercraft.

(c) The chief of police that takes into custody an aircraft shall contact the Federal Aviation Administration in the manner described by V.T.C.A., Transportation Code § 22.901 to attempt to identify the owner of the aircraft before sending notice required by subsection (b) of this section.

(d) The notice required by subsection (b) of this section must:

(1) Be sent by certified mail not later than the tenth day after:

a. Taking the motor vehicle, aircraft, watercraft or outboard motor into custody, or

b. Receiving the report under V.T.C.A., Transportation Code § 683.031.

(2) Specify the year, make, model and vehicle identification number of the item;

(3) Give the location of the facility where the motor vehicle is being held;

(4) Inform the owner and lienholders of their right to reclaim the item not later than the twentieth day after the date of the notice upon payment of:

a. Towing, preservation and storage charges; or

b. Garagekeeper's charges and fees under, V.T.C.A., Transportation Code 683.032 and, if the vehicle is a commercial motor vehicle impounded under V.T.C.A., Transportation Code 644.153(q), the delinquent administrative penalty and costs; and

(5) State that the owner's or lienholder's failure to claim the item the time period specified by subsection (d)(4) constitutes a waiver of all right, title and interest in the item and constitutes their consent to the sale of the item at a public auction.

(e) If (i) the identity or address of the last registered owner of the item cannot be determined, (ii) the registration has no address for the owner, or (iii) the determination with reasonable certainty of the identity and address of all lienholders is impossible, notice shall be given by publication in one newspaper of general circulation in the area where the motor vehicle, aircraft, watercraft or outboard motor was abandoned shall be sufficient. Notice by publication:

(1) Must be published in the same period that is required by subsection (d) for notice by certified mail;

(2) Must contain all of the information required by subsection (d);

(3) Must have the same contents required for a notice by certified mail; and

(4) May contain a list of more than one abandoned motor vehicle, aircraft, watercraft or outboard motor.

(f) The police department is not required to send a notice, as otherwise required by subsection (b) of this section, if the police department has received notice from a vehicle storage facility that an application has or will be submitted to the state department of motor vehicles for the disposal of the vehicle.

(g) In addition to the notice required under subsection (a), if the police department takes an abandoned motor vehicle into custody, the police department shall notify a person that files a theft report or similar report prepared by any law enforcement agency for the vehicle of that fact. The notice must be sent by regular mail on the next business day after the police department takes the vehicle into custody. The police department shall also provide the name and address of the person that filed the theft report or similar report to the vehicle storage facility or governmental vehicle storage facility that is storing the vehicle.

(h) This section does not affect a law authorizing the immediate removal of a vehicle left on public property that is an obstruction to traffic.

(Code 1967, § 18-87; Ord. No. 6531, § 4, 2-11-93; Ord. No. 12,948, § 4, 8-27-15)

(a) If an abandoned motor vehicle, aircraft, watercraft or outboard motor has been taken into custody and has not been claimed as provided by this article, the police department may sell the vehicle at public auction, transfer the item, if a watercraft as provided by V.T.C.A., Transportation Code § 683.014(d), or use the item as provided by V.T.C.A., Transportation Code § 683.016.

(b) Proper notice of the auction shall be given as follows:

(1) If a vehicle being auctioned is encumbered with a garagekeeper's lien, the garagekeeper shall be notified of the time and the place of the auction; and

(2) Proper notice of the auction shall consist of a single publication in a newspaper of general circulation in the area where the vehicle was abandoned and shall include the following information:

a. The time, date and place of the auction;

b. A description of the year, make, model of the vehicle; and

c. The vehicle identification number, if known.

(c) The purchaser at auction shall receive a sales receipt from the police department.

(d) From the proceeds of the sale of an abandoned motor vehicle, aircraft, watercraft or outboard motor, the police department shall reimburse itself for the following:

(1) Expenses of the auction;

(2) Towing, preserving and storing fees resulting from taking the item into custody; and

(3) All notice and publication costs.

(e) If the vehicle is a commercial motor vehicle impounded under V.T.C.A., Transportation Code § 644.153(q), the state department of public safety is entitled from the proceeds of the sale to an amount equal to the amount of the delinquent administrative penalty and costs.

(f) Any remainder from the proceeds of the sale shall be held for 90 days and for the benefit of the owner or lienholder. After the expiration of 90 days, any remainder from the proceeds of the sale shall be deposited in a special fund for the payment of auction, towing, preservation storage, notice and publication costs resulting from taking other vehicles, aircraft, watercraft or outboard motors into custody if the proceeds from the sale of the other items are insufficient to meet those costs.

(g) Any amounts in the special fund exceeding $1,000.00 shall be transferred to the city general revenue account for use by the police department, subject to the right of transfer to compensate property owners whose property was damaged as a result of a pursuit involving the police department or a federal law enforcement agency pursuant to V.T.C.A., Transportation Code § 683.15(f) and (g).

(Code 1967, § 18-88; Ord. No. 6531, § 5, 2-11-93; Ord. No. 12,948, § 5, 8-27-15)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Approved fill means only noncontaminated, chemically inert materials such as rock, concrete, dirt, brick and other natural or manmade inert solid materials qualifying as class 3 waste materials under the state natural resource conservation commission waste classification system that may be used for fill. Materials that may create a danger, including but not limited to broken glass, tires, asphalt roofing, combustible materials, materials containing asbestos and putrescible waste may not be used as fill.

Class 3 waste materials means inert and essentially insoluble industrial solid waste, usually including but not limited to materials such as rock, brick, glass, dirt and certain plastics and rubber, etc., that are not readily decomposable.

Excavation means any act by which soil, earth, clay, sand, gravel, rock, loam, caliche, dirt, humus or any other similar matter is dug, cut into, quarried, uncovered, removed, displaced, relocated or bulldozed over five feet in depth in the earth.

Fill means material used for raising the level or elevation of areas after the completion of the excavation as permitted in this article.

Restoration means conversion of property after excavation is completed or deemed completed to:

(1) A usable condition and grade level by filling the excavation with approved fill material; or

(2) A condition for recreation or detention purposes.

Soil means any earth, sand, clay, loam, caliche, gravel, humus, rock, dirt or any other matter in or upon the ground, without regard to the presence or absence therein of minerals or other organic matter.

(Code 1967, § 17-24.1; Ord. No. 6938, § 2, 2-24-94)

For the purposes of administering and enforcing this article, employees of the inspection division of the department of planning and community development shall have the right to enter into and upon any lands within the city limits in or upon which an excavation exists or on any lands on which operations are being conducted in creating an excavation to examine and inspect such lands and excavations to determine whether the excavation or restoration or the operations in creating an excavation or restoring the excavation are in violation of this article and to further determine whether an excavation permit has been secured as is required in this article.

(Code 1967, § 17-32; Ord. No. 6938, § 2, 2-24-94; Ord. No. 9034, § 3, 11-9-00)

(a) If the personal inspection provided for in section 34-127 reveals that the excavation is being operated or maintained in violation of the excavation permit issued, the inspector shall immediately give notice in writing to the person in charge at the site of the excavation to cease operations, setting forth therein the exact reason for the issuance of the notice.

(b) After issuance of the notice as provided in subsection (a) of this section, there shall be no further operation of the excavation until the violations complained of by the inspecting official have been remedied. The operator shall have three days from the date of receipt of the complaint notice from the inspecting official to remedy the violations complained of by the inspector and to notify the inspection division of the department of planning and community development that the violations complained of have been remedied and that the excavation is ready for additional inspection.

(c) If an operator of an excavation fails to remedy the violations complained of as provided in subsection (b) of this section, the inspecting official shall notify the city engineer of the violations discovered and request that the operator's excavation permit be revoked. A continuation of work or operation of the excavation, other than to remedy the violation complained of, after written notice has been received by the operator to cease the excavation operations shall constitute a violation of this article.

(d) Any person violating any of the terms of this article shall, upon conviction, be punished as provided in section 1-14.

(Code 1967, § 17-33; Ord. No. 6938, § 2, 2-24-94; Ord. No. 9034, § 4, 11-9-00)

(a) No excavation permit shall be issued for commencing an excavation that is located nearer than 200 feet of any residence, building or structure, without the applicant having first secured written permission of the owner thereof. No excavation permit shall be issued for commencing an excavation that is located nearer than 350 feet to any exterior property line boundary of lands utilized for a public or parochial school, a college, a university, a hospital, a church, a public building, a cemetery, a municipal park or within an area where there are on public record restrictions or covenants prohibiting excavations.

(b) When in the city engineer's opinion the excavating or operation of an excavation on a particular location described in this subsection might constitute a nuisance, be injurious to public health, be a public hazard or be a disadvantage to the city in its planned growth or to its inhabitants as a whole or to a substantial number of its inhabitants or visitors as a group, the city council shall have the power and reserves the authority to refuse any application for an excavation permit at any particular location within the city limits because of such particular location and the character and value of the permanent improvements already erected on or approximately adjacent to the particular location in question and the use to which the land and surroundings are adopted for school, college, university, hospital, park, civic purposes or for health and safety reasons or any of them.

(Code 1967, § 17-34; Ord. No. 6938, § 2, 2-24-94)

(a) Any excavation, other than a manmade ditch created for drainage or irrigation purposes, located within the city limits or within 5,000 feet of the city limits shall and does constitute a nuisance when maintained or permitted to exist by a person:

(1) In an unwholesome or nauseous condition;

(2) In a manner by which stagnant water accumulates;

(3) In a manner in which water collects where it is possible and probable mosquitoes will breed;

(4) In a condition where rats could harbor;

(5) In a manner and condition constituting a breeding place for flies;

(6) In a manner and condition where filth, garbage, trash, debris and other discarded material accumulate and are deposited;

(7) In an unfenced, open condition, accessible to children and other members of the public;

(8) In such a manner as to disturb, affect or destroy the lateral support of or block and impede traffic on any public street, alley, road or way;

(9) In any condition that constitutes a possible and probable medium of transmission of disease to or between human beings; or

(10) If any one or more of the conditions enumerated in this subsection is maintained or permitted to exist.

(b) Any manmade pit, hole or other excavation described as a nuisance in subsection (a) of this section must be completely surrounded by a permanent, opaque fence, wall or other solid structure not less than six feet high which extends downward to within three inches of the ground and which shall test plumb and square throughout its length and at all times. Fences required in this subsection shall be constructed of redwood, rough cedar, chain link with wood or metal slats, brick, brick columns with any one of the preceding materials, heavy metal with a baked enamel finish or pressure treated lumber. Plywood and corrugated metal fences are prohibited. The city may waive such fence, wall or other solid structure surrounding such excavation on one or more sides if the city is satisfied that natural obstructions or barriers make such unnecessary. Every opening in such fence or wall shall be equipped with a self-closing and self-latching device designed to keep and capable of keeping such doors or gates securely closed and locked at all times when not in actual use. It is further declared that any person in locating or maintaining any excavation in violation of this section shall be subject to the penalty for the violation of this Code and is deemed to be maintaining a nuisance. Nothing in this subsection shall in any way reduce the remedies the city may otherwise have to regulate, correct, abate or abolish any nuisance within the city limits or within 5,000 feet of the city limits.

(c) If restoring the property to a usable condition and grade level by filling the excavation, only approved fill material may be used. All approved fill material must be covered with six inches of topsoil. Refills shall be properly tamped down, and any bracing shall be left in the ground. All materials that create a void, such as concrete pipe, must be crushed to prevent rodent harborage. All filled areas should be left in a mowable condition. Dumping or filling in low-lying areas of stream beds or bays must receive prior approval from an appropriate agency, i.e., the U.S. Army Corps of Engineers, the state natural resource conservation commission, etc.

(d) All restorations must be finished within 90 days after the excavation is completed or deemed completed. Such period may be extended by the city engineer upon a written request of the applicant, establishing good cause for the extension of time.

(Code 1967, § 17-35; Ord. No. 6938, § 2, 2-24-94)

(a) It shall be unlawful and a violation of this article for any person, acting for himself or acting as an agent, employee, independent contractor or servant of any other person, to commence an excavation, to expand an existing excavation within the city or to work upon or assist in any way in the execution or operation of any such excavation required to be permitted without an excavation permit having been issued by the authority of the city council in accordance with this division.

(b) Nothing in this article shall be construed to affect or apply to:

(1) Any person engaged in normal agricultural, industrial, horticultural, cemeterial or residential enjoyment and use of property;

(2) A ditch created for drainage or irrigation purposes;

(3) A detention facility built according to the design criteria of section 126-674;

(4) Any person in excavating to install, construct or complete a structure, building or facility of any kind when the plans and specifications for such objective have been submitted and approved by the department of engineering or for which a permit has been issued by the inspection division of the department of planning and community development, provided that:

a. The progress on the facility or project is not delayed for a period of more than two weeks, excepting delays attributable to acts of nature; and

b. Such excavation created is not of a permanent nature and will not be left open and uncovered upon the completion of the project without authorization of such permit; or

(5) The excavation operations of:

a. Private carrier and common carrier or gathering pipeline operators (pipeline carriers) in the laying, constructing, maintaining, operating, replacing, repairing and removing of pipelines used for the transportation of oil, gas, water, petroleum products or any other liquids, gases, hydrocarbons or other substances that can be transported through a pipeline and equipment incidental and ancillary to such pipeline; or

b. Private utility concerns constructing facilities by virtue of a franchise or a special permit issued by the city, provided that the progress on the private utility project or facility is not delayed for a period of more than two weeks, excepting delays attributable to acts of nature, and further providing that such excavation created is not of a permanent nature and will not be left open and uncovered on the completion of the facility or project.

(Code 1967, § 17-25; Ord. No. 6938, § 2, 2-24-94; Ord. No. 8882, 4-13-00; Ord. No. 9034, § 5, 11-9-00)

(a) All permits required by this division shall be issued only after an application, in the form of an affidavit, is executed in duplicate and presented to the inspection division of the department of planning and community development, which application shall be referred to the city engineer for review, consideration and recommendation.

(b) Simultaneously with the filing of the application, the applicant shall file with the city a bond executed by the applicant and by a good and sufficient corporate surety company incorporated under the laws of the state or otherwise authorized to do business in the state and having a fully paid-up capital stock of at least $100,000.00, which bond shall be at least $25,000.00 and up to an amount deemed necessary and sufficient by the city engineer based upon the size, depth and dimensions of the proposed excavation to restore the property as required in this article. The bond shall be conditioned that the principal obligor, if granted a permit, will excavate and restore land within the corporate limits in strict accordance with the terms of this article and will pay to the city any and all damages, losses or liabilities that may result or accrue from or because of the making, existence or manner of guarding, constructing or restoring such excavation and will pay to the city as minimum liquidated damages the sum of $50.00 per day for each day or part of a day that an excavation project of the obligor shall remain unrestored after excavation is complete or deemed complete in excess of the number of days as allowed pursuant to subsection 34-130(d). The bond shall contain a provision that the parties recognize that the damages to the city occasioned by the making or existence of the excavation of land within the city in excess of the number of days shown in the permit will in all probability be difficult to ascertain and consequently that the amount agreed upon is the minimum amount of damages the city will sustain in any event, but that the city shall not be prevented from proving and claiming an ascertainable amount in excess of such minimum sum. Such bond, while payable to the city, shall also inure to the benefit of any person damaged or injured in any manner by the principal obligor because of excavating the land within the corporate limits, except agents, servants or employees of the principal obligor. The bond shall contain a provision that it shall not be exhausted until recovery of the full amount of the bond shall be obtained.

(c) Each application for an excavation permit must include all of the following information in detail before it can be accepted by the department of engineering and before it can be considered by the city engineer:

(1) The identity and residence address of the applicant;

(2) The identity and residence address of the owner of the land;

(3) The identity and residence address of the person doing the actual excavating work;

(4) The location and legal description of the land;

(5) A positive statement as to whether the land has been platted;

(6) A positive statement that city, county, state and school district ad valorem taxes have been paid and are current concerning the land;

(7) The quantity in cubic yards of soil to be moved or removed from the land;

(8) If removal occurs, the place to which the soil is to be removed;

(9) The proposed date of completion of the soil removal or moving;

(10) A positive statement that no buildings, residences or structures are within 200 feet of the proposed excavation;

(11) A positive statement that the proposed excavation shall not block, incumber or close any public street, way, alley or drainage system or disturb the lateral support thereof;

(12) A positive statement that the proposed excavation shall not be located nearer than 350 feet to any exterior property line boundary of lands utilized for a public or parochial school, a college, a university, a hospital, a church, public building, a cemetery or a municipal park;

(13) A positive statement that the proposed excavation is not and shall not be located in an area which has on public record restrictions or covenants prohibiting such a use of the property;

(14) The proposed slopes and lateral supports to be used in the excavation;

(15) The present and proposed arrangements made for surface water drainage;

(16) The safety precautions to be installed and maintained at the site, such as fences around the excavation, traffic control devices, and the drainage system to keep the excavation from collecting water within it;

(17) A positive statement that the applicant will comply with all city ordinances and state and federal laws relating to the work to be done;

(18) Such other pertinent data as the department of engineering may require;

(19) The identity and residence or business address of each owner or occupant of any property within 200 feet of the proposed excavation; and

(20) A positive statement that the property will be restored and detailed plans of such restoration.

(d) Whenever an application and a bond is filed, the city engineer shall send written notice by certified mail with return receipt requested to each owner or occupant of any property within 200 feet of the proposed excavation. Such notice shall detail the site of the proposed excavation and that the recipient of the notice may within ten days submit to the city engineer any information he feels may assist the city engineer in making his determination. Further, the same such notice shall be published in the official newspaper of the city. All costs associated with the notice shall be borne by the applicant and shall be in addition to the application fee as prescribed in section 34-163.

(Code 1967, § 17-26; Ord. No. 6938, § 2, 2-24-94; Ord. No. 9034, § 6, 11-9-00)

On submission of an application for an excavation permit to the department of planning and community development, a fee shall also be submitted for the adequate administration, inspection, regulation and enforcement of this article in an amount of $250.00.

(Code 1967, § 17-28(a); Ord. No. 6938, § 2, 2-24-94; Ord. No. 9034, § 7, 11-9-00)

(a) In considering and reviewing an application for an excavation permit, the city engineer shall be guided by the general purpose of orderly municipal planning, the prohibiting of any condition or the doing of any act constituting or creating a nuisance, health hazard or endangering the lives or property of others. As aids in accomplishing these purposes, the following points shall be considered by the city engineer in reviewing applications for excavation permits; however, such aids shall not be exclusive in the city engineer's consideration and ultimate recommendation:

(1) Soil and earth erosion by water and wind;

(2) Surface water drainage and water drainage facilities of the excavation;

(3) Lateral supports of the excavation;

(4) Condition in which the excavation is to be maintained and safeguards to be taken to prohibit creating a nuisance, health hazard, attractiveness to children and features provided to dispense with the endangering of lives and property of the public;

(5) Land values and uses in the area of the excavation;

(6) The manner and purpose for which the property is to be restored; and

(7) Such other factors as may bear or relate to the coordinated, adjusted and harmonious physical development of the city.

(b) In arriving at his ultimate recommendation, the city engineer may attach such special conditions as may be reasonably necessary to attain the overall purpose of this article.

(c) When the city engineer makes his determination regarding the granting or denial of the permit, written notice of such determination must be given via certified mail, return receipt requested, to the applicant and each owner or occupant of any property within 200 feet of the excavation. Such notice shall state that any person within ten days from the recommendation to grant or deny the permit may appeal to the city council for a public hearing regarding such grant or denial by directing a letter to the city council addressed to the office of the city clerk, at the city hall, setting forth therein the date of the recommendation of the city engineer and the reasons the person so appealing feels that he has been or will be injured by the action from which he is taking such appeal. The same such notice must also be published in the official newspaper of the city. All costs associated with the notice shall be borne by the applicant and shall be in addition to the application fee as required in section 34-163.

(Code 1967, § 17-27; Ord. No. 6938, § 2, 2-24-94)

(a) All excavation permits shall be issued by the inspection division of the department of planning and community development upon the recommendation or at the direction of the city engineer.

(b) Each excavation permit shall provide for the restoration of the property. The permit shall state the number of days required to restore the premises after the completion of the excavation work. Such excavation will be deemed complete if all substantial excavation work has ceased for a period of two weeks, excluding any day in which weather or other condition, not under the control of the permittee, does not allow excavation work for a period of at least seven hours between 7:00 a.m. and 6:00 p.m.

(c) Each excavation permit issued shall be issued for a maximum period of one year, after which period the permit is void, and the person to whom the permit was issued must make a new application for a new permit for each succeeding year or portion of a year that an excavation is operated or maintained.

(d) The excavation permit shall be in such form and numbered as may be prescribed by the department of engineering and shall contain any and all special conditions set forth in the city engineer's recommendation.

(e) No excavation permit issued to any person shall ever be transferred, sold, assigned or otherwise disposed of in any manner to any other person without the written consent of the city council.

(Code 1967, § 17-28(b)—(f); Ord. No. 6938, § 2, 2-24-94; Ord. No. 9034, § 8, 11-9-00)

(a) If an applicant is refused an excavation permit, he may, not later than ten days from the date of receiving notice of such refusal, appeal to the city council for a public hearing on the refusal by directing a letter to the city council setting forth therein the date of denial of the excavation permit and the reasons the applicant feels he has been wronged in being refused the permit.

(b) If the city engineer recommends that the permit be granted, any person may, within ten days of the recommendation to grant the permit, appeal to the city council for a public hearing regarding the granting of the permit by directing a letter to the city council addressed to the office of the city clerk, at the city hall, setting forth therein the date of the recommendation of the city engineer and the reasons the person so appealing feels that he has been or will be injured by the action from which he is taking such appeal.

(c) Upon the filing of such appeal, the right to operate under any such excavation permit shall be suspended until final determination by the city council and then in accordance with the final decision of the city council.

(d) The city council shall, upon receiving such notice of appeal, direct the city clerk to place the appeal on the city council's work agenda to be considered in the due order of city business. The city clerk shall notify the appellant as to the date and place where the city council will consider the appeal and shall publish a notice one time in the official newspaper at least five days before the date when the city council will consider the appeal.

(e) The city council on conducting the public hearing regarding the appeal may, by majority vote of all of the council, either grant or refuse to grant the permit. If the permit is granted, the city engineer shall direct the inspection division of the department of planning and community development to issue the permit in accordance with the direction of the city council.

(Code 1967, § 17-29; Ord. No. 6938, § 2, 2-24-94; Ord. No. 9034, § 9, 11-9-00)

Any excavation permit issued under this division, where a notice to cease operations thereunder is issued by an inspection official, may be revoked by the city engineer for:

(1) Violation of any condition of the excavation permit;

(2) Violation of any section of this article or any other applicable ordinance or law relating to excavations; or

(3) The existence of any condition or the doing of any act constituting or creating a nuisance or endangering the lives or property of others.

(Code 1967, § 17-30; Ord. No. 6938, § 2, 2-24-94)

(a) Any person who has been issued an excavation permit who is aggrieved by revocation of the permit by the city engineer may appeal to the city council by filing with the city clerk a written notice within five days from the date of revocation of the excavation permit. The aggrieved person shall be given a hearing before the city council, in due order of business, after which the city council may affirm, modify or overrule the city engineer's decision.

(b) Written notice of the time and place of such hearing shall be served upon the person to whom the permit was granted at least three days prior to the date set for such hearing. Such notice shall also contain a brief statement of the grounds to be relied upon for revoking such excavation permit. Notice of the hearing may be given by personal delivery to the person to be notified or by deposit in the United States mail in a sealed envelope with postage prepaid, addressed to such person to be notified at the address appearing in his application. If any appeal is taken from the decision of the city engineer, in the manner prescribed in this section, all work shall be stopped at the excavation while the appeal is pending.

(Code 1967, § 17-31; Ord. No. 6938, § 2, 2-24-94)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandoned pipeline means a pipeline that the owner has no intention of reactivating.

Adjustment means the horizontal or vertical repositioning of a pipeline within a public way to a position greater than 50 feet from its position immediately prior to such repositioning or outside the public way.

Director means the director of engineering or his designee.

Hazardous liquid, as defined by the state railroad commission at Title 16, Texas Administrative Code, section 7.80, means petroleum or any petroleum product and any substance or material which is in a liquid state, when transported by pipeline facilities, and which has been determined by the United States Secretary of Transportation to pose an unreasonable risk to life or property when transported by pipeline facilities. The term shall be enlarged to include liquefied natural gas and anhydrous ammonia if such materials at any time shall be introduced into any pipeline which is subject to this article. It shall also include carbon dioxide, defined at 49 C.F.R. § 195.2 as a fluid consisting of more than 90 percent carbon dioxide molecules compressed to a supercritical state.

Idled pipeline means a pipeline that has temporarily been taken out of service for a continuous period of at least one year for hazardous materials, hazardous liquids or natural gas with the expectation of the owner or operator that the pipeline may be reactivated even though there may be no specific plans to reactivate the pipeline.

In means in, under, across, above, over, upon, through, among or in any manner connected with.

Intrafacility piping system means piping that is located within or on the grounds of a plant and used to transfer gas, hazardous liquids or chemicals between plant facilities or between plant facilities and a pipeline or other mode of transportation and which does not cross a public way.

Jurisdiction means the area within the corporate boundaries of the city and the unincorporated geographical area 5,000 feet beyond the corporate boundaries of the city which is not in another city's extraterritorial jurisdiction under the authority of the V.T.C.A., Local Government Code § 42.001, to promote and protect the general health, safety and welfare of persons residing in and adjacent to the city and to define nuisances under authority of V.T.C.A., Local Government Code § 217.042. For purposes of this article, the areas within an industrial district shall not be considered as part of the jurisdiction.

New pipelines means pipelines constructed after the effective date of the ordinance from which this article derives, but shall not include:

(1) The replacement or repair of any existing pipeline;

(2) The realignment of a portion of an existing pipeline to a position that is not greater than 50 feet from its original position;

(3) Surface appurtenances added to existing pipelines;

(4) Subsurface appurtenances not located in a public way; or

(5) Relocation, adjustment or realignment required or requested by the city.

Owner or operator means any person who owns or operates a pipeline which transports gas, hazardous liquids or chemicals.

Person means any individual, corporation, joint venture, partnership, limited liability company, limited partnership, limited liability partnership, municipality or legal entity, including trustee, assignee, receiver and personal representative.

Pipeline means a line of pipe through which gas, hazardous liquids or chemicals move in transportation, including but not limited to, pipes, valves, spurs, laterals and other appurtenances attached to pipes, which are a part of the operation of the line of pipe whether or not laid in public or private easements or public or private ways within the city or its jurisdiction. Pipelines excluded from this article are those pipelines which meet all of the following three conditions:

(1) The pipelines serve as private infrastructure to refineries/petrochemical plants, storage areas and terminals;

(2) The plant infrastructure, storage area or terminal incorporating the pipeline serves a function exclusive to the respective refinery/petrochemical plant storage area or terminal; and

(3) The pipeline is part of an intrafacility piping system.

Pipeline emergency refers to a pipeline incident in which any of the following has occurred, is occurring or is imminent:

(1) Fire or explosion not initiated by the owner/operator as part of his operations, in accordance with accepted safety practices;

(2) Release of a gas, hazardous liquid or chemical which could adversely impact the environment or health of individuals, livestock and domestic animals and wildlife within the city or its jurisdiction;

(3) Death of any person;

(4) Bodily harm of any person which results in loss of consciousness, the need to assist a person from the scene of the incident or the necessity of medical treatment in excess of first aid;

(5) Damage to private or public property not owned by the pipeline owner or operator in excess of $5,000.00 in combined values; or

(6) The rerouting of traffic or the evacuation of buildings.

Public way means, but is not limited to in any way the surface of and the space above and below any public street, highway, freeway, bridge, alley, boulevard, sidewalk, parkway, lane, drive, circle or other public right-of-way, including but not limited to easements established and dedicated for use by public utilities in general, parks, navigable streams or tunnels, as shown on maps provided by the city.

Refinery/petrochemical plant means individual facilities and integrated facilities located within a recognized common boundary line.

Repair means to restore or replace any part of a pipeline or of the corrosion protection system of a pipeline that is broken, leaking, defective or that otherwise needs restoration, partial replacement or enhancement, in the reasonable determination of the pipeline owner or operator.

Replacement means any pipeline or new section of a pipeline replacing or enlarging any old pipeline or old section of pipeline in the same public way as and no more than 50 feet from the pipeline being removed from service for any purpose other than to repair existing facilities.

Unregulated pipelines means those pipelines within the city or its jurisdiction which enjoy exemptions under federal and state safety rules which exclude such lines from construction standards, safety standards or reporting requirements of either or both governmental entities.

(Code 1967, § 11¼-16; Ord. No. 7839, § 1, 11-12-96; Ord. No. 9034, § 10, 11-9-00)

(a) The city council declares that the policy of the city in the matter of granting to any person the privilege to lay any pipe or pipeline in any public way within the jurisdiction of the city for the purpose of thereby transporting oil, gas, brine or any other liquid or gaseous substance whatsoever shall be as stated in this article.

(b) This article shall be administered by the director of engineering.

(Code 1967, § 11¼-15; Ord. No. 7839, § 1, 11-12-96; Ord. No. 9034, § 11, 11-9-00)

(a) Any owner or operator of a pipeline subject to this article who shall have failed to comply with this article and who shall not have remedied that noncompliance within a reasonable time, as determined by the director following receipt of written notice of noncompliance from the city, shall be deemed to maintain a nuisance in violation of this article.

(b) It shall be a violation of this article for a person to knowingly make a misrepresentation of any information to be reported under this article. It shall also be a violation of this article if the person makes such misrepresentation as a result of failure to exercise such due diligence of investigation or inquiry as would a reasonably prudent pipeline owner or operator conducting his business within the city's jurisdiction.

(c) Each violation of any section, subsection or part of this article shall be a separate offense. Each day of ongoing violation as specified in subsection (a) or (b) of this section shall be a separate offense and shall carry with it a fine as provided in section 1-14.

(Code 1967, § 11¼-29; Ord. No. 7839, § 1, 11-12-96)

(a) Nothing in this article shall be construed as granting permission for the use of any public way within the city, without the express consent of the city council.

(b) Nothing in this article shall be construed as an assumption by the city of any responsibility of an owner or operator of a pipeline not owned by the city, and no city officer, employee or agent shall have authority to relieve an owner or operator of a pipeline from his responsibility under this article or any other law.

(Code 1967, § 11¼-30; Ord. No. 7839, § 1, 11-12-96)

This article shall be subject to any federal and state legislation, rules or regulations enacted or adopted to the extent that such laws and regulations preempt or supersede the authority of the city with respect to this article. Nothing contained in this article shall supersede any other city ordinance in effect or which may be enacted requiring a franchise agreement and the payment of associated fees or grant any permittee or registrant the right to supply, sell, convey or otherwise distribute oil, gas, brine or any other liquid or gaseous substance whatsoever to an end consumer within the incorporated limits of the city, existing on the effective date of the ordinance from which this article derives or as may be amended, without a valid franchise agreement for such.

(Code 1967, § 11¼-31; Ord. No. 7839, § 1, 11-12-96)

Nothing contained in this article shall be deemed to revoke any pipeline permit or to require the holder of a permit existing on November 12, 1996, to obtain a new permit or to pay permit or registration fees other than as specified in the permit. An owner or operator who has a pipeline permit existing on November 12, 1996, shall, however, be required to comply with all other registration requirements specified in this article.

(Code 1967, § 11¼-32; Ord. No. 7839, § 1, 11-12-96)

(a) Every permit granted under this division, with the exception of those permits necessitated due to an adjustment, relocation or replacement of a pipeline requested or required by the city or another governmental entity, shall provide for the payment by the owner or operator to the city of an initial permit fee in the amount of $500.00 per pipeline and for the payment of an annual fee in the amount of $300.00 per pipeline per year payable annually in advance on or before the anniversary date of the final passage of the ordinance granting such permit. The owner or operator may, at his election and option, pay in advance, at the time the initial permit fee is paid, the aggregate amount of the annual fees to be thereafter payable for the full term covered by the permit, discounted to its then-present value at the prime interest rate then charged by Texas Local Government Investment Pool (TEXPOOL), or its successor in interest. If advance payment is made of such annual fees, no further annual fees shall be payable during the life and term of the permit.

(b) The owner or operator of a pipeline that must be registered under this article shall pay an initial registration fee in the amount of $200.00 per pipeline and shall pay an annual fee thereafter in the amount of $200.00 per pipeline per year, payable annually in advance on or before the anniversary date of the registration of the pipeline. The owner or operator may, at his election and option, pay in advance, at the time the registration fee is paid, the aggregate amount of the annual fees to be thereafter payable for a number of years, not to exceed 30 years, discounted to its then-present value at the prime interest rate then charged by Texas Local Government Investment Pool (TEXPOOL), or its successor in interest. If such advance payment is made of such annual fees, no further annual fees shall be payable during the specified number of years for which payment is made.

(c) The permit fees, registration fees and annual payments required in subsections (a) and (b) of this section are commensurate with and not in excess of the city's expense involved in administering this article as well as the city's cost pertaining to the regulation of its public ways in light of the owner's or operator's occupancy, use or maintenance of encroachments in the public ways.

(d) The annual payments required in subsections (a) and (b) of this section that are not timely paid shall accrue interest at the rate of ten percent per annum.

(Code 1967, § 11¼-22; Ord. No. 7839, § 1, 11-12-96; Ord. No. 10,414, § 1, 9-14-06; Ord. No. 12,565, §§ 1, 2, 6-12-14)

(a) Under this article, a permittee or registrant must furnish, prior to any construction, repair, adjustment, relocation or replacement, a bond in a form and with corporate surety satisfactory to the city or other form of security satisfactory to the city in a reasonable amount as determined by the city council upon the recommendation of the city engineer. Such bond or other form of security satisfactory to the city shall inure to the benefit of the city for any loss, damage or injury that may result from the permittee's or registrant's operations or his construction, reconstruction, alteration, repair, extension or laying of the pipeline under his permit during the period until completion of installation of the line is completed and properly acknowledged in writing by the director.

(b) The permittee or registrant shall further maintain at all times during the life of the permit or during which a pipeline's registration is effective commercial general liability insurance for bodily injury and property damage, including explosion, collapse and underground hazard, coverage in the minimum combined single limit amount of $1,000,000.00 as it pertains to all pipelines or other facilities owned by the permittee in a public way in the jurisdiction. Such policy shall name the city, its officers, agents and employees as additional insureds.

(c) A certificate of insurance specifying the coverage required in subsection (b) of this section with an insurance company having an acceptable insurance rating shall be furnished to the city clerk prior to the issuance of any permit. Such certificate of insurance shall provide that at least 30 days' prior written notice for the termination or modification of the required insurance shall be given to the city.

(d) Any bond or other security provided pursuant to this section may be terminated upon completion of the installation of the pipeline to which it relates upon the written certification of completion by the director, provided that the owner or operator shall maintain liability insurance as required in this section. The termination of the bond shall not affect any claim, damage, injury or cause of action arising thereon prior to the date of termination.

(Code 1967, § 11¼-27; Ord. No. 7839, § 1, 11-12-96; Ord. No. 11,945, § 1, 5-24-12)

(a) Any permit issued under this division shall not be effective unless it contains the following:

Permittee agrees to and shall indemnify, hold harmless and defend, the city, its officers, agents and employees, collectively referred to as "city," from and against any and all claims, losses, damages, causes of action, suits and liability of every kind, including all expenses of litigation, court costs, and attorneys' fees for injury to or death of any person, or for damage to any property, arising out of or in connection with the construction, maintenance, operation, repair, replacement, adjustment or removal of any part or all of the pipeline permitted herein, where such injuries, deaths or damages are caused by the concurrent negligence of the city and permittee and/or by the joint or sole negligence of the permittee. It is the expressed intention of the parties hereto, both permittee and the city, that the indemnity provided for in this paragraph is an indemnity by permittee to indemnify, protect and defend the city from the consequences of the city's own negligence, where that negligence and permittee's negligence are concurring causes of the injury, death or damage; and/or the permittee's joint and sole negligence. Furthermore, the indemnity provided for in this paragraph shall have no application to any claim, loss, damage, cause of action, suit and liability where the injury, death or damage results from the sole negligence of the city unmixed with the fault of any other person or entity.

(b) Any registration issued under this article shall not be effective unless it contains the following:

Registrant agrees to and shall indemnify, hold harmless and defend, the city, its officers, agents and employees collectively referred to as "city," from and against any and all claims, losses, damages, causes of action, suits and liability of every kind, including all reasonable expenses of litigation, court costs and reasonable attorneys' fees for injury to or death of any person, or for damage to any property, arising out of the construction, maintenance, operation, repair, replacement, adjustment or removal of any part or all of the pipeline registered herein to the extent and in the proportion or proportions that such injuries, deaths, or damages are caused by the negligence of registrant and/or the joint negligence of the city where such negligence is concurrent with the negligence of registrant and registrant is more than 50 percent at fault.

It is the expressed intention of the parties hereto, both registrant and the city, that the indemnity provided for herein is an indemnity by registrant to indemnify, protect and defend the city from the consequences of the negligence of registrant as well as the city's own ordinary negligence, where the city's negligence and negligence of registrant are concurring causes of the injury, death or damage and registrant is more than 50 percent at fault.

The indemnity provided herein shall have no application to any claim, loss, damage, cause of action, suit and liability where the injury, death or damage results from the sole negligence of the city unmixed with the fault of registrant; any intentional, willful or grossly negligent conduct on the part of the city; any negligence of the city other than when registrant is more than 50 percent at fault; or any consequential damages.

(c) The city shall notify the permittee or registrant as soon as reasonably practicable of any claim, loss, damage, cause of action, suit or liability that the city deems to be covered by the indemnity contained in subsection (a) or (b) of this section. Nothing in this section shall be deemed to waive any legal immunities or limitations on liability of the city. The permittee or registrant shall be expressly subrogated to any rights of the city against any third party, to the extent that the permittee or registrant indemnifies the city as may be provided in this section.

(d) All permits or registrations shall further require the owner or operator to refill, including the repaving of any cut in any pavement, all excavations made by him within a public way, whether existing at the time such ordinance is passed or thereafter dedicated or otherwise coming into existence, in the constructing, operating, maintaining or removing of such pipeline or any part thereof. After once refilling such excavation, if the earth within the excavated area settles so as to leave a depression, the owner or operator shall make further necessary fills from time to time as ordered by the director or by the city council. The owner or operator will be required by any such permit to repair all portions of any public way in which such line is laid to the extent damaged by the owner's or operator's construction, operation, maintenance or lack of maintenance and to place the public way in as good a state of repair and condition as it was in at the time the construction, repair, adjustment, replacement or removal was commenced. Such repairs must be made to the satisfaction of the director.

(e) All permits or registrations issued pursuant to this division shall further require that all such work of repairing or refilling the public way shall be done under plans and specifications approved by the director and subject to his approval of the completed work. Any excavation in or along any such street or alley shall be replaced with materials of the same kind as those removed, unless the director approves of some other type of fill or material. Except for a pipeline emergency, the owner or operator shall notify the director before commencing any proposed excavation in any portion of any public way. If a pipeline emergency occurs, the owner or operator shall notify the communications department before commencing any excavation in any portion of any public way, except when necessary to prevent imminent danger to life or property. Such excavation shall not wholly close any public way, but the owner or operator shall at all times maintain a route of travel along and within such public way, which shall include any sidewalk area, except that in an emergency the director, the city manager, the mayor, the city council or any police, fire or other city public safety official may authorize a closing of any public way in order to take care of any break or leakage in the pipeline if, in the opinion of the director, the city manager, the mayor, the city council or any police, fire or other city public safety official such closing is necessary to protect the safety of the public.

(f) The permit or registration shall also provide that if the owner or operator fails to commence or thereafter to diligently prosecute any such repair, refilling or other work in a public way so required to be done by him within a reasonable time after being notified thereto by the director, the city may cause such work to be done at the expense of the owner or operator, and the city may recover all such expenses from the owner or operator, together with all costs and reasonable attorney's fees.

(Code 1967, § 11¼-28; Ord. No. 7839, § 1, 11-12-96)

No new pipeline shall be installed in a public way within the city limits and no existing pipeline shall be adjusted, relocated to, replaced at or otherwise moved to a position greater than 50 feet from its original position nor shall any such new or any such adjusted, relocated or replaced portion of a pipeline be maintained in a public way within the city limits without a valid permit issued by the city granted pursuant to this division. However, if an adjustment, relocation or replacement to a position is greater than 50 feet from the pipeline's original position requested by the city or another governmental agency, the pipeline owner or operator shall not be required to obtain a new permit, but shall obtain a permit or registration modification, whichever is appropriate, approved by the director. Further, it is understood that where the state, county, flood control district or corps of engineers has primary responsibility for maintenance of a public way and the owner or operator obtains a permit from that agency, the owner or operator shall be required to tender a copy of such permit and to register, rather than obtain a permit from the city, with respect to that portion of a public way for which the city does not have maintenance responsibility. Such permit shall state the public ways which are or will be affected, the points at which the pipelines cross, run or will cross or run in any public way. The term of all permits or period in which any registration will be valid shall be 30 years from the effective date of the permit, unless the city council for good cause shown approves the term for a shorter period of time. The permittee shall notify the city in writing prior to turning over the operation of the pipeline to the assignee or within ten days after closing the transaction, whichever is earlier.

(Code 1967, § 11¼-17; Ord. No. 7839, § 1, 11-12-96)

(a) Any person seeking a permit in accordance with section 34-251 shall submit to the director two copies of a permit application, which shall be reviewed by the director, the director of planning and community development, the fire chief, the director of public works and the emergency management and preparedness coordinator. The application shall include at a minimum the following information, with respect to that portion of the pipeline within the jurisdiction, all of which shall be easily reproducible:

(1) The name, business address and telephone number of the pipeline owner and operator;

(2) The names, titles and telephone numbers of the following persons:

a. The person submitting the information;

b. The principal contact for submittal of information; and

c. The 24-hour emergency contact, who:

1. Can initiate appropriate actions to respond to a pipeline emergency;

2. Has access to information on the location of the closest shutoff valve to any specific point in the city or its jurisdiction; and

3. Can furnish the common name of the material then being carried by the pipeline;

(3) The origin point and the destination of the pipeline being constructed, adjusted, relocated, replaced or repaired if such points are located in the jurisdiction;

(4) A description of the substance to be transported through the pipeline. A copy of the material safety data sheets for the substance shall be included with the submittal if the owner or operator is required by federal or state law to have material safety data sheets available;

(5) The maximum allowable operating pressure on the pipeline as determined according to the U.S. Department of Transportation and state railroad commission procedures or the maximum design strength for unregulated pipelines, if applicable;

(6) The normal operating pressure range of the pipeline;

(7) The maximum allowable temperature under which the substance or product may be pumped or otherwise caused or permitted to flow through any and all of the particular portions of the pipeline, if applicable;

(8) Engineering plans, drawings and maps with summarized specifications showing the horizontal pipeline location, the pipeline covering depths and location of shutoff valves. The location of shutoff valves must be known in order for emergency responders to clear the area for access to the valves. To the extent that information can be reasonably obtained, drawings shall show the location of other pipelines and utilities that will be crossed or parallelled within five feet;

(9) A description of the consideration given to API, ANSI and all other applicable public safety standards and the avoidance, as far as practicable, of existing inhabited structures and congregated areas;

(10) A summary description of the time, location, manner, means and methods of the proposed construction, including but not limited to the following:

a. Detailed cross section/profile drawings for all public way crossings if requested by the director or the emergency management and preparedness coordinator;

b. A plan accurately showing the location, course and alignment of the proposed pipeline and all public ways in which the proposed pipeline shall be laid, provided that the degree of accuracy shall not be required to exceed the accuracy which can be practicably achieved by using the official city maps made available for this purpose; and

c. The design criteria, as it applies to existing infrastructure, under which the pipeline will be constructed;

(11) A statement that the pipeline will comply with the applicable standards required by this article as well as all applicable federal, state and local laws and regulations; and

(12) The identification of each pipeline as regulated under interstate or intrastate safety rules and regulations. Where a pipeline is unregulated as to either or both intrastate or interstate safety rules and regulations, the owner or operator shall so state. The owner or operator shall also specifically identify:

a. The exculpatory rules or regulations governing the pipeline; and

b. The operating conditions of the pipeline, which give rise to such unregulated status.

(b) The director expressly reserves the right to require the submission of additional information if the director reasonably deems the information necessary to meet the requirements of this article. Such supplemental information shall be submitted by the applicant to the director within ten days, excluding Saturdays, Sundays and city holidays, of the applicant's receipt of the director's written request. While awaiting the requested information, the period in which the city must process the application shall be tolled.

(Code 1967, § 11¼-18; Ord. No. 7839, § 1, 11-12-96)

(a) Prior to beginning any work or preparation for any of the activities described in section 34-251 within the jurisdiction, an application for a permit, in the form described in this subdivision, must be filed with the director.

(b) Within 20 days from the date on which the permit application is received at the official address for the director, the director shall advise the applicant whether, based on the director's professional judgment, the contemplated installation, adjustment, relocation or replacement is in compliance with this article. If the director does not deem the contemplated installation to be in compliance with this article, the director shall specifically notify the applicant of any deficiencies found.

(c) After the notice described in subsection (b) of this section is given to the applicant, the director, based upon the assessment of the director of planning and community development, the fire chief, the director of public works, and the emergency management and preparedness coordinator as to compliance with this article, shall report to the city council upon his examination of such application and plans, including such changes in the plans as the applicant may have made upon his suggestion, with his recommendations as to the granting or denying of the permit application, based upon compliance or noncompliance with this article, at the next regularly scheduled council meeting for which adequate notice may be given. The director shall in such report and recommendation state whether the proposed course or alignment of the line and depth at which it is proposed to be laid through undeveloped or unplatted areas is, to the extent economically feasible, consistent with the probable future development of such areas, location and opening of future streets, and laying of water, sanitary sewer and storm sewer lines incident to such probable future development.

(d) After the report and recommendation is made to the city council, the city council shall promptly approve such application if it meets all applicable state and federal requirements as well as all of the terms and conditions of this article and shall thereupon issue a permit.

(Code 1967, § 11¼-19; Ord. No. 7839, § 1, 11-12-96)

(a) The director shall be furnished two copies of a pipeline registration application from every owner or operator of the following:

(1) An active or idled pipeline;

(2) An abandoned pipeline and about which the owner or operator knows or should know after a reasonable search of the owner's or operator's records;

(3) A pipeline that lies solely within a public way for which the state, county, flood control district or corps of engineers has primary maintenance responsibility, rather than the city, and who has a permit from such governmental agency and tenders a copy of the permit to the city; and

(4) A new pipeline constructed in the jurisdiction that is either:

a. Not in a public way; or

b. Not inside the corporate boundaries of the city.

(b) The application shall include at a minimum the following information, with respect to that portion of the pipeline within the jurisdiction, all of which shall be easily reproducible:

(1) The name, business address and telephone number of the pipeline owner and operator;

(2) The names, titles and telephone numbers of the following persons:

a. The person submitting the information;

b. The principal contact for submittal information; and

c. The 24-hour emergency contact, who:

1. Can initiate appropriate actions to respond to a pipeline emergency;

2. Has access to information on the location of the closest shutoff valve to any specific point in the city or its jurisdiction; and

3. Can furnish the common name of the material then being carried by the pipeline;

(3) The origin point and the destination of the pipeline if such points are located in the jurisdiction;

(4) A description of the substance being transported through the pipeline. A copy of the material safety data sheets for the substance shall be included with the submittal, if the owner or operator is required by federal or state law to have material safety data sheets available;

(5) The maximum allowable operating pressure on the pipeline as determined according to the U.S. Department of Transportation and state railroad commission procedures or the maximum design strength for unregulated pipelines, if applicable;

(6) The normal operating pressure range of the pipeline;

(7) The maximum allowable temperature under which the substance or product may be pumped or otherwise caused or permitted to flow through any and all of the particular portions of the pipeline, if applicable;

(8) The location of each pipeline including its shutoff valves and its relationship to the public ways to the extent of the best information available to the pipeline owner or operator without requiring that the pipeline be surveyed or resurveyed. The location of shutoff valves must be known in order for emergency responders to clear the area for access to the valves. To the extent that information can be reasonably obtained, drawings shall show the location of other pipelines and utilities that will be crossed or paralleled within five feet, provided that the degree of accuracy shall not be required to exceed the accuracy that can practicably be achieved by using the official city maps made available for this purpose;

(9) A statement that the pipeline complies with the applicable standards required by this article as well as all applicable federal, state and local laws and regulations; and

(10) The identification of each pipeline as regulated under interstate or intrastate rules and regulations. Where a pipeline is unregulated as to either or both intrastate or interstate rules and regulations, the owner or operator shall so state. The owner or operator shall also specifically identify:

a. The exculpatory rules or regulations governing the pipeline; and

b. The operating conditions of the pipeline, which give rise to such unregulated status.

(c) The director expressly reserves the right to require the submission of additional information if the director reasonably deems the information necessary to meet the requirements of this article. Such supplemental information shall be submitted by the applicant to the director within ten days, excluding Saturdays, Sundays and city holidays, of the applicant's receipt of the director's written request. While awaiting the requested information, the period in which the city must process the application shall be tolled.

(d) All of the information required to be submitted in this section shall be furnished for the pipeline which has not been submitted shall be submitted within one year following the effective date of the ordinance from which this article derives. It shall be unlawful for any person to operate and maintain an existing pipeline in the city after the expiration of the one-year period unless or until the information enumerated in this section has been provided to the director and the registration process has been completed.

(e) The registration application shall be reviewed by the director, the director of planning and community development, the fire chief, the director of public works and the emergency management and preparedness coordinator for review.

(f) The requirements of this section shall not apply to any pipeline that:

(1) Is located within an oil or gas field;

(2) Is or was used in connection with the operation or production of the field; and

(3) Does not cross a public way.

(Code 1967, § 11¼-20; Ord. No. 7839, § 1, 11-12-96)

(a) Every owner or operator laying, constructing, altering, repairing, replacing, operating or maintaining a pipeline in the jurisdiction must, in addition to the information required to be submitted in this subdivision, submit the following information throughout the permit term or registration term:

(1) A copy of all initial or followup written reports required to be provided to the U.S. Department of Transportation or to the state railroad commission on safety-related pipeline conditions, pipeline emergencies or pipeline incidents within the jurisdiction must be concurrently filed with the office of the emergency management and preparedness coordinator. Pipeline emergencies shall be reported by telephone to the city's communications department. In addition, any initial or followup written reports filed with state and federal environmental regulatory agencies pertaining to pipeline releases within the jurisdiction that threaten to impact the environment, public health or safety must be filed concurrently with the emergency management and preparedness coordinator.

(2) Upon request of the emergency management and preparedness coordinator, the pipeline owner or operator will provide, within 14 days of such request, the emergency management and preparedness coordinator other documents for review that are required for submittal to or to be maintained on file for the U.S. Department of Transportation and the state railroad commission. For unregulated pipelines, the emergency management and preparedness coordinator may request any such other information he may in his discretion reasonably deem necessary to the best interest of the city and to the necessary protection of public health, safety and welfare.

(3) The pipeline owner or operator shall provide the city a detailed cross section/profile drawings for any public way crossing within the jurisdiction where the director determines there is a public need as to any public way crossing within 14 days from the receipt by the owner or operator of a written request therefor from the emergency management and preparedness coordinator or the director.

(b) If, during the term of a pipeline permit or registration, any of the information required to be submitted to the city pursuant to this article changes and that change:

(1) Substantially affects the construction, adjustment, relocation or replacement of the permitted or registered pipeline or otherwise substantially affects the public health, safety or welfare, other than the information specified in subsection (b)(2) of this section, the pipeline owner or operator shall furnish to the director updated information at least 14 days prior to the proposed implementation date of the change. Before any such change may be implemented, the change must be approved in writing by the director.

(2) Affects any 24-hour contact information, the substances to be transported through the pipeline or its operating pressure, the pipeline owner or operator shall furnish such updated information to the emergency management and preparedness coordinator by contacting the city's communications department prior to the implementation date of such change.

(3) Affects any matter not included in subsections (b)(1) and (2) of this section, the pipeline owner or operator shall furnish to the director such updated information as soon as practicable.

(Code 1967, § 11¼-21; Ord. No. 7839, § 1, 11-12-96)

(a) All new pipelines within the city shall be designed and constructed in accordance with the latest approved minimum standards, if applicable, established by the U.S. Department of Transportation, the state railroad commission or any other entity having regulatory authority over pipeline safety and construction matters and in compliance with any reasonable special requirements that are not inconsistent with other applicable laws and regulations, to avoid interference with use or maintenance of public ways established as a condition of permit approval by the city. The operation and maintenance of all pipelines, including without limitation existing pipelines within the jurisdiction shall conform in all respects to the standards, rules and regulations, if applicable, established by the U.S. Department of Transportation and the state railroad commission.

(b) No new pipeline or existing pipeline shall be laid, constructed, adjusted, replaced, repaired, operated or maintained in such a manner as to interfere with the construction, maintenance or repair of any public way in which such pipeline is located. If it shall develop that any such pipeline interferes with the construction, maintenance or repair of any public way or for reasons of public safety and welfare, upon request of the director, such pipeline shall be changed or altered promptly under the existing public way by the owner or operator of such pipeline in such a manner as to interfere no longer with such construction, maintenance, repair or the safety of the traveling public. The cost and expense of such change or alteration shall be borne in accordance with the established principles of law concerning prior existing rights.

(c) No permit for a new pipeline shall be issued unless so much of the entire pipeline proposed to be laid in any undeveloped or unplatted area within the jurisdiction is to be buried and laid to a depth of at least three feet measured between the top of the line and the natural surface of the ground, unless the director approves or recommends that at any particular point a lesser depth is permitted. If at any particular point the director determines in the director's reasonable professional judgment for specified technical reasons that a greater depth is required, such permit will not be granted except upon agreement by the owner or operator to comply with such required depth.

(Code 1967, § 11¼-23; Ord. No. 7839, § 1, 11-12-96)

(a) Where feasible, a new pipeline shall be located within pipeline corridors as delineated upon the city pipeline corridor maps. The feasibility of locating new pipelines in established corridors in the city shall be considered from the perspective of the pipeline owner or operator, taking into consideration the following:

(1) The availability and cost of corridor space;

(2) The availability and cost of right-of-way to and from the corridor;

(3) Technical, environmental, safety, efficiency and cost issues related to building, operating and maintaining both the portion of the pipeline that would be located in the corridor and the lengths of pipeline required to gain access to and from the corridor;

(4) Any delays in right-of-way acquisition or pipeline construction that may result from routing through a corridor;

(5) The availability of an alternative right-of-way to the owner or operator; and

(6) All other matters that a prudent pipeline owner or operator would consider in selecting the route for a new pipeline.

Provided that the owner or operator has considered in good faith the use of corridors established in the city, the determination of the owner or operator as to feasibility shall be determinative, unless there is clear and convincing evidence that contradicts the conclusion of the owner or operator.

(b) When it is not feasible for a new pipeline to be located within the designated corridors, the pipeline should, to the extent practical:

(1) Follow property boundaries of fee parcels or existing easements to avoid unnecessary fragmentation of land and avoid diagonal routes that would create slivers of land between public ways, except if following:

a. Manmade or topographical features is in the public interest;

b. Boundary lines or existing easements is impractical under the circumstances;

c. Boundary lines or existing easements poses safety concerns; or

d. Boundary lines or existing easements would not be feasible;

(2) Avoid areas of unique recreational or aesthetic importance, environmentally sensitive areas and areas of historical or cultural significance, unless appropriate mitigation measures are undertaken to the satisfaction of the director; and

(3) Avoid conflict with existing urban developments as well as with the location and opening of planned future streets and laying of planned water, sanitary sewer and storm sewer lines incident to such future development.

(Code 1967, § 11¼-24; Ord. No. 7839, § 1, 11-12-96)

(a) In accordance with U.S. Department of Transportation and state railroad commission requirements, the pipeline owner or operator is to place and maintain permanent line markers as close as practical over the pipeline at each crossing of a public street, railroad or navigable waterway. All markers required in this subsection shall be placed along the pipeline in accordance with all applicable rules and regulations. The markers shall be of sound construction and shall contain labeling identifying the following:

(1) The pipeline owner or operator;

(2) The 24-hour contact telephone number; and

(3) A broad description of the product transported in the pipeline.

(b) Line markers shall not be required over pipelines located offshore or under inland navigable waterways. Markers for these lines shall be located as close as practical to the shoreline or vegetation line of the waters.

(c) No person shall tamper with, deface, damage or remove any pipeline marker, except the pipeline owner or his duly authorized agent, within the city's jurisdiction.

(d) Upon the specific written request of the owner of a residential property and reasonable advance notice, the pipeline owner or operator shall install temporary pipeline markers to reduce the possibility of pipeline damage or interference.

(Code 1967, § 11¼-25; Ord. No. 7839, § 1, 11-12-96)

(a) Idled pipelines. The following is required for idled pipelines:

(1) All reporting records specified in sections 34-271 and 34-272 shall be maintained on idled pipelines.

(2) Idled pipelines shall be purged of natural gas, hazardous liquids and chemicals and shall be physically isolated. These pipelines shall be maintained to prevent deterioration.

(3) The means used to physically isolate the idled pipeline shall be included in the information retained on file for reporting, as specified in section 34-272.

(b) Abandoned pipelines. Pipelines abandoned after the effective date of Ordinance No. 7839 shall not thereafter be subject to the terms of this article except as follows:

(1) The owner or operator shall report to the director the abandonment of a pipeline that has been permitted or registered in accordance with this article.

(2) All known abandoned pipelines shall be purged, disconnected from all sources or suppliers of gas, hazardous liquids and chemicals and shall be capped or sealed at the ends.

(3) Reactivation of abandoned pipelines shall require notification to the emergency management and preparedness coordinator. Included in the notification shall be any updates to the pipeline information required in section 34-272. Reactivation shall require pressure testing for integrity and compliance with U.S. Department of Transportation regulations, if applicable.

(Code 1967, § 11¼-26; Ord. No. 7839, § 1, 11-12-96)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Elements of nature means the various forms of natural precipitation such as rain, snow, sleet, hail, condensation, etc.

Generator means a person or business that receives, collects or stores tires for the purpose of selling, retreading, splitting, quartering, shredding or grinding for disposal, resource recovery or recycling.

Scrap tire means a tire that has been worn or damaged beyond its useful life for its original intended purpose.

Structure means a solid, complete enclosure that prohibits the introduction and collection of the elements of nature on or inside the enclosure or the contents within.

Tire means any tire, whether new or used, whether serviceable or unserviceable, made wholly or partially of rubber, which was manufactured for use on any vehicle propelled by a motor, including vehicles pushed or pulled by a vehicle propelled by a motor, regardless of whether such vehicle is intended for use on a public roadway, provided that such tire is not mounted upon a wheel or rim and in service upon or carried as a component spare part of a vehicle.

Tire transporter means a person or business registered and permitted by the state health department to pick up and deliver new, used and scrap tires or shredded tire pieces from and to dealers of tires or permitted tire recyclers, storage sites, disposal sites, waste tire facilities or other processing facilities.

Used tire means a tire that has been used on a vehicle propelled by a motor or pushed or pulled by a vehicle propelled by a motor that has been removed from the original vehicle it was used on but still has some serviceable life.

Vector means any agent that can transmit disease to or between human beings, such as mosquitos and rodents.

Waste tire facility means an approved facility at which used and scrap tires are collected and deposited and shredded to facilitate the future extraction of useful materials for recycling, reuse or energy recovery.

Waste tire processor means a waste tire facility or a mobile tire shredder that splits, shreds, quarters tires and delivers to an end user the split, shredded or quartered tires for eventual recycling, reuse or energy recovery at either a waste tire storage facility or a waste tire facility.

Waste tire storage facility means an approved facility at which used and scrap tires are collected and stored, before being the future removal of useful materials for recycling, reuse or energy recovery.

(Code 1967, § 15-28; Ord. No. 6151, § 1, 2-13-92)

All tires stored within the city must be kept in a structure that prevents their exposure to and collection of the elements of nature. Tires must not be allowed to hold water, dirt, rubbish or other foreign materials. Vector monitoring and control measures must be taken as necessary to eliminate the presence and breeding of vectors.

(Code 1967, § 15-29; Ord. No. 6151, § 2, 2-13-92)

(a) A person who is not classified as a generator of new, scrap or used tires or a transporter of tires may deliver tires to an approved facility (i.e., storage site, disposal site, waste tire facility or other processing facility), but the tires' disposal must be documented by receipt or manifest from the approved delivery site. This record must be made available for inspection upon request.

(b) Generators of new, scrap and used tires must transport tires by a registered transporter. It shall be unlawful for a generator to place whole used or scrap tires or shredded tire pieces in a dumpster for pickup or collection by a vehicle that is used on a routine/regular collection route. All used or scrap tires and shredded tire pieces shall be transported in a separate identifiable load by manifest. Used and scrap tires shall not be transported commingled with any other wastes. Records of this disposal must be kept and available for inspection for a period of three years.

(Code 1967, § 15-30; Ord. No. 6151, § 3, 2-13-92; Ord. No. 7717, § 6, 6-13-96)

It shall be an affirmative defense to prosecution of any violation of sections 34-332 and 34-333 that:

(1) New and used tires are displayed for sale outside only during normal business hours. These tires must be brought back inside the storage structure and dried if necessary after the hours of operation. Monitoring and control measures shall be employed as necessary to eliminate the presence of vectors.

(2) Solid tires or the stored tires are filled with concrete or other solid materials so they do not trap and hold water.

(3) The used and scrap tires are used in a beneficial manner such as erosion control, decoration, traffic control or bumpers for a boatdock, boat, etc., provided they do not collect or hold water, dirt, rubbish or other foreign materials or facilitate the presence and breeding of vectors and they are secured against tire migration. Where necessary a one-inch hole must be drilled at the tire's lowest point to allow drainage.

(Code 1967, § 15-31; Ord. No. 6151, § 4, 2-13-92)

Among the powers granted to the city by its home rule Charter is one to pass such ordinances as may be expedient for maintaining and promoting the peace, welfare and government of the city and for the performance of the functions thereof. The purpose and intent of this article is the prohibition of unreasonably loud, disturbing and unnecessary noises in the city or affecting persons or property within the city, particularly such noises as are prolonged, unusual and unnatural in their time, place and use, and which materially interfere with the peace, welfare and government of the city. To this end, the police power of the state, delegated to this city to include the city's authority to define and prohibit nuisances within the city's jurisdiction, is invoked in aid of this article.

(Ord. No. 12,151, § 1, 1-10-13)

As used in this article, the following words and terms shall have the meanings ascribed to them in this section, unless the context of their usage clearly indicates another meaning:

Baseline noise shall mean the total noise that is measured for at least five continuous minutes on residential property as a result of the combination of many sources of a steady character and duration. The term includes the continuous ambient noise and continuous noise of the source in question, but not impulse noises. The acceptable statistical measure to determine the baseline noise shall be the LA ₉₀ .

City's jurisdiction shall mean and include territory within the city's limits and territory within 5,000 feet outside of the city's limits.

dB(A) shall mean the broadband sound pressure level (ref. 20 m Pa) expressed in decibels read from a calibrated sound level meter utilizing the A-level weighting scale as specified by the American National Standards Institute.

Engine-exhaust braking system shall mean a compression release engine brake device which converts diesel engine power into an air compressor and when engaged operates to slow the vehicle.

Impulse noise shall mean a sound of short duration, usually less than one second, with an abrupt onset and rapid decay. Examples of sources of impulse sound include, but are not limited to, gunfire, hammering, drop hammering, pile driving, drop forging, pneumatic hammering, pavement breaking, pipe handling, or metal impacts.

LA₉₀ shall mean the noise level exceeded 90 percent of the measurement time with "fast" time weighting and "A" frequency weighting in dB(A) as specified by the American National Standards Institute. Measurement time should be long enough for the LA ₉₀ to converge to a stable value but not less than five minutes.

Residential property shall mean any property used as single family, duplex or multifamily dwelling units.

(Ord. No. 12,151, § 1, 1-10-13; Ord. No. 12,825, § 2, 4-9-15)

The creation of any unreasonably loud, disturbing or unnecessary noise discernible in the city's jurisdiction shall be unlawful. It shall also be unlawful for the owner, lessee or proprietor of any business, house, apartment or other dwelling unit in the city's jurisdiction to make, cause, permit or suffer to be made therein any such loud, disturbing or unnecessary noises or to collect or permit to be collected therein any drunken, noisy or disorderly persons, to the annoyance or disturbance of neighboring residents. Noises of such character, intensity and duration as are reasonably calculated to be detrimental to the life or health of an ordinary, reasonable person are prohibited in the city's jurisdiction.

(Ord. No. 12,151, § 1, 1-10-13)

(a) In enforcement of the violations established by section 34-362 of this article, it shall be prima facie evidence that a sound unreasonably disturbs, injures, or endangers the comfort, repose, health, peace, or safety of others in violation of section 34-362 when an activity or sound source produces an impulse noise (i) with a dB(A) level more than 15 dB(A) above the greater of the measured baseline noise or 40 dB(A) or (ii) with the following maximum dB(A) levels:

(1) 75 dB(A) between the hours of 7:00 a.m. and 9:00 p.m.; and

(2) 65 dB(A) at all other times.

For purposes of this subsection, the impulse noise shall be measured on residential property over the same period of time as the baseline noise is measured.

(b) Maximum permissible sound levels detailed in this section set forth evidence of a violation of this article. The lack of sound level measurements conducted in accordance with section 34-364 shall not prohibit prosecution and conviction under this article where there is other legally admissible evidence whereby a reasonably prudent person could conclude that a noise in the city's jurisdiction is unreasonably loud, disturbing or unnecessary.

(Ord. No. 12,151, § 1, 1-10-13)

(a) Measurements taken pursuant to section 34-363 shall be made with a type 1 or type 2 calibrated sound level meter utilizing the A-weighting scale and the fast meter response as specified by the American National Standards Institute (A.N.S.l. SI.4-1984/85A). Measurements recorded shall be taken so as to provide a proper representation of the sound being measured.

(b) Measurements taken pursuant to section 34-366 shall be made with a type 1 or type 2 calibrated sound level meter utilizing the A-weighting scale and the slow meter response as specified by the American National Standards Institute (A.N.S.l. SI.4-1984/85A). Measurements recorded shall be taken so as to provide a proper representation of the sound being measured.

(Ord. No. 12,151, § 1, 1-10-13)

The following acts, among others, are declared to be loud, disturbing or unnecessary noises in violation of this article but such enumeration shall not be construed to be exclusive of other noises:

(1) Horns and signaling devices. The sounding of any horn or signal device on any automobile, motorcycle, bus or other vehicle while not in motion, except as a danger signal; the creation by means of any such signaling device of any unreasonably loud or harsh sound, and the sounding of such device for any unnecessary or unreasonable period of time.

(2) Radios, phonographs or musical instruments. The playing of any radio, phonograph or any musical instrument in such manner or with such volume, particularly during the hours between 9:00 p.m. and 7:00 a.m., as to create a noise such as is reasonably calculated to disturb a person of ordinary disposition under the same or similar circumstances residing in a dwelling, hotel or other type of residence in the vicinity, provided that this subsection shall not apply to the establishments or places covered by subsection (4) of this section.

(3) Loudspeakers, amplifiers for commercial advertising. The operation of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure.

(4) Outdoor loudspeakers at places selling food or drink. The operation of any outdoor loudspeaker or sound amplifier for the producing or reproducing of music at any cafe, restaurant, drive-in, tavern, ice cream store, watermelon garden or other place open to the public for the purpose of selling food or drink and having facilities or premises set aside for the accommodation of patrons, guests or customers located on the outside of the building, when the volume of sound shall be audible for a distance in excess of 200 feet from such outdoor loudspeaker or sound amplifier or when the volume of sound is unreasonably raucous, jarring or disturbing to persons of ordinary sensibilities residing in a dwelling, hotel or other type of residence in the vicinity. However, if a dwelling, hotel or other type of residence is located within 200 feet of an outdoor loudspeaker or sound amplifier of the kind referred to in this subsection, such outdoor loudspeaker or sound amplifier shall not be operated between the hours of 10:00 p.m. and 9:00 a.m.

(5) Automobile, motorcycle or vehicle out of repair. The use of any automobile, motorcycle or vehicle so out of repair or so loaded as to create loud or unnecessary grating, grinding, rattling or other noise.

(6) Schools, courts, churches, hospitals. The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court while such is in use or adjacent to any hospital, which unreasonably interferes with the workings of such institution or which disturbs or unduly annoys patients in the hospital, provided conspicuous signs are displayed in such street indicating that the street is a school, hospital or court street.

(7) Hawkers, peddlers. The shouting or crying of peddlers, hawkers or vendors which disturb the peace and quiet of the neighborhood.

(8) Engine-exhaust braking. The use of an engine-exhaust braking system while operating a motor vehicle.

(Ord. No. 12,151, § 1, 1-10-13; Ord. No. 12,825, § 3, 4-9-15)

The following activities are exceptions to prosecution under this article:

(1) Emission of any sound for the purpose of alerting persons to the existence of an emergency, danger, or attempted crime or any sound created by an act necessary to prevent the loss of life or property.

(2) Sound produced by an authorized emergency vehicle or produced by emergency work.

(3) Sound generated:

a. At a lawfully scheduled stadium or sporting event, including, but not limited to, school athletic and school entertainment events;

b. By a parade and spectators and participants on the parade route during a lawful parade;

c. By spectators and participants at a lawfully scheduled amphitheater event;

d. By patrons and participants using cannons and gunfire during historical battle reenactments for which a pyrotechnic permit was obtained and the explosives were inspected by the fire marshal;

e. By a pyrotechnic display that was inspected and approved by the fire marshal; or

f. By spectators and participants of any outdoor event, fun run, race, festival, fiesta, or concert that was sponsored or co-sponsored by the city and is in full compliance with a permit issued by the city.

(4) Sound produced by the erection, excavation, construction, or demolition of any building or structure, including the use of any necessary tools or equipment, conducted between the hours of 7:00 a.m. and 9:00 p.m., which activity did not produce a sound exceeding 90 dB(A) when measured from the residential property where the sound is being received.

(5) Sound produced by aircraft in flight or in operation at an airport and railroad equipment in operation.

(6) Sound produced by operating or permitting the operation of any mechanically powered saw, drill, sander, router, grinder, lawn or garden tool, lawnmower, or any other similar device used between the hours of 7:00 a.m. and 9:00 p.m., provided the device did not produce a sound exceeding 90 dB(A) when measured from residential property where the sound is being received and was used for the maintenance or upkeep of the property on which it was operated.

(7) Sound produced by the operation of any air conditioning unit that did not produce a sound exceeding 65 dB(A) on residential property or 75 dB(A) on nonresidential property, when measured from the residential property where the sound is received.

(8) Sound produced as part of a religious observance or service between the hours of 7:00 a.m. and 9:00 p.m., provided the sound did not cumulatively exceed five minutes duration in any one-hour period.

(9) Sound, other than sound prohibited in subsection 34-365(2), produced within park hours, as specified in section 70-1 of the Code, which hours fall between 7:00 a.m. and 9:00 p.m. by activities conducted on public parks, public playgrounds, and public or private school grounds, including, but not limited to, school athletic and school entertainment events.

(10) Sound produced from the ordinary and lawful operation of a motor vehicle and commercial vehicle under the Texas Code of Transportation.

(11) Sound produced between the hours of 7:00 a.m. and 9:00 p.m. from the emptying of trash dumpsters or by the delivery, pickup, or raising of any dumpster, in or near residential areas.

(Ord. No. 12,151, § 1, 1-10-13)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Sound amplifying equipment means any machine or device for the amplification of the human voice, music or any other sound. Sound amplifying equipment shall not be construed as including standard automobile radios when used and heard only by occupants of the vehicle in which installed or warning devices on authorized emergency vehicles or horns or other warning devices on other vehicles used only for traffic safety purposes.

Sound truck means any motor vehicle, or horse-drawn vehicle, having mounted thereon or attached thereto any sound amplifying equipment. When such a sound truck is being used or operated as a stationary loudspeaker or sound amplification equipment, such use or operation shall be subject to division 1 of this article.

(Ord. No. 65, § 1, 10-18-49; Code 1967, § 19-15)

No person shall operate or cause to be operated any sound truck for commercial sound advertising purposes in the city with sound amplifying equipment in operation.

(Ord. No. 65, § 3, 10-18-49; Code 1967, § 19-16)

(a) Required. No person shall use or cause to be used a sound truck with its sound amplifying equipment in operation for noncommercial purposes in the city before filing a registration statement with the city clerk in writing. This registration statement shall be filed in duplicate and shall state the following:

(1) The name and home address of the applicant;

(2) The address of the place of business of the applicant;

(3) The license number and motor number of the sound truck to be used by the applicant;

(4) The name and address of the person who owns the sound truck;

(5) The name and address of the person having direct charge of the sound truck;

(6) The names and addresses of all persons who will use or operate the sound truck;

(7) The purpose for which the sound truck will be used;

(8) A general statement as to the section of the city in which the sound truck will be used;

(9) The proposed hours of operation of the sound truck;

(10) The number of days of proposed operation of the sound truck;

(11) A general description of the sound amplifying equipment that is to be used; and

(12) The maximum sound producing power of the sound amplifying equipment to be used in or on the sound truck, stating the following:

a. The maximum potential wattage of the equipment; and

b. The approximate maximum distance for which sound will be thrown from the sound truck.

(b) Registration statement amendment. Every person using or causing to be used a sound truck for noncommercial purposes shall amend any registration statement filed pursuant to this section within 48 hours after any change in the information therein furnished.

(c) Certificate and identification. The city clerk shall return to each applicant under this section one copy of the registration statement duly certified by the city clerk as a correct copy of the application. This certified copy of the application shall be in the possession of any person operating the sound truck at all times while the sound truck's sound amplifying equipment is in operation, and this copy shall be promptly displayed and shown to any police officer upon request.

(Ord. No. 65, § 2, 10-18-49; Code 1967, § 19-17)

Noncommercial use of sound trucks in the city with sound amplifying equipment in operation shall be subject to the following:

(1) The only sounds permitted are music or human speech;

(2) Operations are permitted for nine hours each day, except on Sundays and legal holidays when no operations shall be authorized. The permitted nine hours of operation shall be between the hours of 9:00 a.m. and 6:00 p.m.;

(3) Sound amplifying equipment shall not be operated unless the sound truck upon which such equipment is mounted is operated at a speed of at least ten miles per hour, except when the truck is stopped or impeded by traffic. Where stopped by traffic the sound amplifying equipment shall not be operated for longer than one minute at each such stop;

(4) Sound shall not be issued within 100 yards of hospitals, schools or churches;

(5) The human speech and music amplified shall not be profane, loud, indecent or slanderous; and

(6) The volume of sound shall be controlled so that it will not be audible for a distance in excess of 200 feet from the sound truck and so that the volume is not unreasonably loud, raucous, jarring, disturbing or a nuisance to persons of ordinary sensibilities within the area of audibility.

(Ord. No. 65, § 2, 10-18-49; Code 1967, § 19-18)

The purposes of this article are to protect the health, safety and general welfare of city residents; to protect public water resources and to improve water quality; to cause the use of management practices by the city and its citizens that will reduce the adverse effects of polluted runoff discharges into waters of the State; to secure benefits from the use of stormwater as a resource; to protect current or potential public water supplies; and to ensure that the city is compliant with applicable state and federal law.

(Ord. No. 10,766, § 1, 12-6-07)

(a) The provisions of this article shall apply within the boundary limits of the city watershed protection map. The areas identified on the watershed map are considered to be essential for the protection of surface water bodies from the effects of point and nonpoint source pollution, sedimentation, erosion and increased turbidity and for the improvement of water quality for existing and future uses by the city, its residents, businesses, visitors and adjacent property owners.

(b) The provisions of this article shall apply to proposed projects or developments within the areas designated as watershed protection zones on the watershed map.

(c) The provisions of this article are subject to the following exceptions:

(1) It is not intended that these regulations interfere with any easements, covenants or other agreements between parties. However, if the provisions of these regulations impose greater restrictions or higher standards for the use of a building or land, then the provisions of this article shall control.

(2) Existing development is not subject to the requirements of this article.

(3) This article does not apply to otherwise affected property within a watershed protection zone if such land is developed for a single-family residence not a part of a subdivision as defined in section 126-1.

(4) This article does not apply to private noncommercial watercraft facilities used for launching, loading, storage, beaching, mooring or docking on noncommercial docks or access facilities, provided such improvements do not have the capacity to facilitate more than two watercraft at a time, involve no more than 40 linear feet of shoreline structure, and are appurtenant to such private residential or recreational development.

(5) The provisions of this article do not apply to properties subject to an IDA.

(6) The provisions of this article do not apply to any property or project granted a variance pursuant to section 34-428.

(Ord. No. 10,766, § 1, 12-6-07; Ord. No. 11,592, § 1, 2-24-11)

The following words, terms and phrases when used in this article, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning:

Developer means a person who seeks or receives permits for or who undertakes land development activities.

Development means any construction, external repair, land disturbing activity, grading, road building, pipe laying, or other activity resulting in a change in the physical characteristics of any parcel or land.

Director means the director of public works and engineering.

Existing Development means lawful land uses, developments and activities existing prior to December 16, 2007.

IDA means a valid industrial district agreement in which the city was a party and which was in existence on December 16, 2007. The term expressly excludes any extensions or renewals of such agreements after December 16, 2007.

Potential contaminating activities means activities identified as having the potential to discharge contaminants from point or nonpoint sources or increase sedimentation or turbidity of surface water bodies.

Surface water body means and refers to lakes, bays, ponds, impounding reservoirs, streams, rivers, creeks, estuaries, marshes, inlets, canals and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, navigable or non-navigable and including the beds and banks of all watercourses and bodies of surface water, that are wholly or partially within the boundary of the city.

Watershed means any area lying within the drainage basin of any surface water body.

Watershed protection map shall mean the map adopted by the city council designating areas as public watersheds and all explanatory matter contained thereon.

Watershed protection zones shall mean those areas identified in the watershed map, which the city finds to be critical areas for the protection, preservation and improvement of water quality within the boundaries of the city. An area designated as a watershed protection zone shall include the first 200 feet from the shoreline of a water body appearing in the watershed map as measured by the mean high water level for the affected water body.

(Ord. No. 10,766, § 1, 12-6-07; Ord. No. 11,592, §§ 2, 3, 2-24-11; Ord. No. 14,605, § 5, 12-10-20)

(a) The following uses and activities, unless exempted from the application of this article or granted a variance pursuant to sections 34-422(c) and 34-428, shall be specifically prohibited within a watershed protection zone:

(1) Storage or production of hazardous materials as defined in either or both of the following: Superfund Amendment and Reauthorization Act of 1986 and/or Identification and Listing of Hazardous Wastes, 40 CFR § 261;

(2) Disposal of hazardous materials or solid wastes or operation of a landfill for disposal of such wastes;

(3) Treatment of hazardous material, except remediation programs authorized by a government agency to treat hazardous material;

(4) Dry-cleaning, dyeing, printing, photo processing, electroplating and any other business that stores, uses or disposes of hazardous material unless all facilities and equipment are designed and operated to prevent the release or discharge of hazardous materials and have undergone an inspection to certify that they are in compliance with hazardous material regulations;

(5) Disposal of septage or septic sludge;

(6) Automobile repair and service stations;

(7) Airfields, landing strips and heliports;

(8) Power generating facilities;

(9) Commercial marinas and barge terminals;

(10) Bulk storage or terminalling of oil, oil products or chemicals in tanks or vessels with capacities exceeding 500 gallons;

(11) Junkyards and outdoor storage yards;

(12) Petroleum product pipelines not within a pipeline corridor in existence on December 16, 2007;

(13) Truck terminals and truck washing facilities;

(14) Concrete batch plants, asphalt plants and quarry operations;

(15) Feedlots and confined animal feeding operations;

(16) Metal or metal-ore smelting or kiln operations;

(17) Animal rendering operations;

(18) Commercial surface coating and painting facilities;

(19) Marine vessel repair and manufacturing facilities; and

(20) Any other use determined by the director as potentially contaminating activities on a case-by-case basis.

(Ord. No. 10,766, § 1, 12-6-07)

(a) In addition to any required federal or state permits, all land disturbing activity, construction or other development within a watershed protection zone, other than certain exempted activities pursuant to subsection 34-422(c), may be conducted only with a watershed protection zone permit issued by the director and must be in full compliance with the terms of this article and other applicable regulations. All activities that are not permissible as a right or under the authority of a watershed protection zone permit are prohibited.

(b) Applications for a watershed protection zone permit shall be submitted to the director who shall make an initial determination of whether or not a site plan is required based upon subsection (g) of this section.

(c) The following activities and developments are exempt from the requirements for a detailed site plan:

(1) Single-family detached homes constructed within a subdivision of four or fewer parcels;

(2) Repairs to a facility that is part of a previously approved and permitted development, which repairs do not exceed 50 percent of the appraised value of the improvements; and

(3) Construction of minor structures, which are accessory to the primary principal use of a single-family residence, such as a barn, shed or addition to single-family residences.

(d) Except as provided for in subsections 34-422(c) and 34-425(c), all new development within a watershed protection zone shall be required to have a site plan prepared and approved in accordance with this article before any building permits or other development-related permits may be issued or any land-disturbing activity may take place.

(e) Site plans shall comply with the below criteria and shall be submitted upon the request of the director in his review of the application for a watershed protection zone permit.

(1) The site plan shall be drawn to scale showing all planned improvements, including the width, depth, and length of all existing and proposed structures, roads, water courses and drainage ways; water, wastewater and stormwater facilities; and utility installations;

(2) Location, dimensions, and area of impervious surfaces, both existing and proposed, on the site;

(3) The orientation and distance from the boundaries of the proposed site to the nearest bank of the affected stream or water body;

(4) Elevations of the site with grading plans and erosion and sediment control plans showing existing and proposed contours at two feet intervals;

(5) Location and detailed design of any spill or leak collection systems designed for the purpose of containing accidentally released hazardous or toxic materials or pollutants; and

(6) Boundary of any wetlands as defined by § 404 of the Clean Water Act and as defined in the V.T.C.A., Water Code and its implementing regulations.

(f) At the time of the filing of a watershed protection zone permit application, the applicant shall pay a nonrefundable filing fee in the amount of $500.00.

(g) Applications for development within a watershed protection zone will be evaluated by the director to ensure that:

(1) The development is not a prohibited use as defined by this article;

(2) Nonpoint source pollution is prevented to the maximum extent possible, by taking into account site conditions such as slope, soil type and erosivity, and vegetative cover;

(3) Management practices are in place sufficient to remove or neutralize those pollutants that present a potential impact to the receiving water body;

(4) Grading and removal of vegetation at a development site is minimized and erosion and sediment control measures are in place and properly installed;

(5) All sewage disposal systems will be monitored, inspected and maintained on a regular basis to ensure proper functioning; and

(6) The development and its operations are consistent with the purposes of this article.

(h) Persons involved in potentially contaminating activities within a watershed protection zone but which have received a watershed protection zone permit must submit a spill control plan for approval. This plan must include the following elements:

(1) Disclosure statements describing the types, quantities, and storage locations of all contaminants that will be part of the proposed project;

(2) Contaminant handling and spill protection techniques;

(3) Spill reporting procedures, including a list of affected agencies to be contacted in the event of a spill; and

(4) Spill recovery plans, including a list of available equipment.

(i) Watershed protection zone permit applications shall be filed with the director The review process may be extended if the application is incomplete or the city requests additional information. The permit application shall expire should a person fail to respond to request for information from the director within 30 days of such request and a new application and nonrefundable filing fee shall be required.

(j) Decisions on watershed protection zone permits made by the director may be appealed to the city council upon an applicant's filing of a written notice of appeal with the city clerk within ten days of issuance of the permit decision. The notice of appeal must contain specific information detailing why the application should be granted and/or how the director erred in making any adverse rulings regarding the application.

(k) If construction described in the watershed protection zone permit has not commenced within 180 days from the date of issuance, the permit shall expire. If construction described in the watershed protection zone permit is suspended after work is commenced, the permit shall expire 180 days after the date the work is ceased.

(l) All development activities or site work conducted after approval of a site plan and issuance of a watershed protection zone permit shall conform to the site plan and all permit provisions.

(Ord. No. 10,766, § 1, 12-6-07; Ord. No. 14,605, § 6, 12-10-20)

(a) All applications for a watershed protection zone permit shall include an impact study.

(b) An impact study shall be prepared and sealed by a professional engineer licensed in this state who is experienced in the preparation of environmental studies and shall include, at a minimum, the following information:

(1) Description of the proposed project including location and extent of impervious surfaces; on-site processes or storage of materials; the anticipated use of the land and buildings; description of the site including topographic, hydrologic, and vegetative features;

(2) Characteristics of natural runoff on the site and projected runoff with the proposed project, including its rate and chemical characteristics deemed necessary to make an adequate assessment of water quality;

(3) Measures proposed to be employed to reduce the rate of runoff and pollutant loading of runoff from the project area, both during construction and after;

(4) Proposed runoff control and water quality protection measures for the site. These measures shall be designed with the goal of ensuring that the rate of surface water runoff from the site does not exceed pre-development conditions and that the quality of such runoff will not be less than pre-development conditions. Special emphasis shall be placed on the impacts of proposed encroachments into any required buffer; and

(5) Where the developer of the property subject to the terms of this article seeks to utilize existing or planned off-site stormwater quality management facilities, the developer shall provide a written certification that the owner of the off-site facilities will accept the runoff and be responsible for its adequate treatment to a level acceptable to the director.

(c) Such study shall be submitted to the director for review and approval concurrent with the submission of applications for review and approval of site or subdivision plans and applications for watershed protection zone permits.

(Ord. No. 10,766, § 1, 12-6-07; Ord. No. 14,605, § 7, 12-10-20)

All new developments within a watershed protection zone, unless otherwise exempted pursuant to section 34-422(c), shall be subject to the following buffer requirements:

(1) A 75-foot wide buffer strip shall be maintained along the edge of pub1ic water bodies identified on the watershed map. The required setback distance shall be measured from the mean high water level of such water body. The buffer strip shall be maintained in its natural state to the maximum extent possible, and shall be planted with an erosion resistant vegetative cover in those areas that have been disturbed;

(2) All development shall be located outside of the required buffer strip, except the following:

a. The buffer strip requirement shall not apply to development which is appurtenant to the production, supply, distribution or storage of water by a public water supplier;

b. Encroachment into or through the required buffer by roads, main-line utilities, or stormwater management structures may be permitted provided the following performance standards are met:

1. Road and main-line utility crossings will be limited to the shortest path possible and that which causes the least amount of land disturbance and alteration to the hydrology of the watershed;

2. Any stormwater management facilities located within the buffer should be sited within the context of a larger watershed stormwater management program;

3. No more land shall be disturbed than is necessary;

4. Indigenous vegetation shall be preserved to the maximum extent possible; and

5. Wherever possible, disturbed areas shall be planted with indigenous vegetation; and

(3) The following uses shall not be permitted within the buffer strip or within 25 feet of the required buffer strip:

a. Septic tanks and drainfields;

b. Trash containers and dumpsters which are not under roof or which are located so that leachate from the receptacle could escape unfiltered and untreated; and

c. Fuel storage in excess of 50 gallons.

(Ord. No. 10,766, § 1, 12-6-07; Ord. No. 13,524, § 1, 7-27-17)

(a) Variances to the strict application of this article may only be granted by the city council in accordance with this section.

(b) A variance may not circumvent the general purposes and intent of this article. Conditions may be imposed in the granting of a variance to ensure compliance and to protect adjacent properties and the public interest. In considering a variance request, the city council must also consider whether the property owner has any reasonable use of the land without the variance, whether the property is used seasonably or year-round, whether the variance is being requested solely on the basis of economic considerations, and the characteristics of developments on adjacent properties which may be affected by a variance.

(c) If a variance is approved, the city council shall provide a summary of the public record/testimony and the findings of fact and conclusions which support issuance of the variance.

(Ord. No. 10,766, § 1, 12-6-07; Ord. No. 11,592, § 4, 2-24-11)

(a) If the director finds that any of the provisions of this article are being violated, the city shall notify, in writing, the person responsible for such violation, indicating the nature of the violation, and ordering the action necessary to correct it. The director shall order discontinuance of the illegal use of land, buildings or structures; removal of illegal buildings or structures, or the additions, alternations or structural changes thereto; discontinuance of any illegal work being done; or shall take any action authorized by this article to ensure compliance with or to prevent violation of its provisions.

(b) As this article is adopted for the benefit of the public health, safety and welfare and to protect the water resources in and adjacent to the city, any violation of this article or engaging in activities prohibited by this article is deemed a public nuisance. In addition to any remedies provided in this article, the city may seek enforcement of this article through its public nuisance remedies.

(c) If any person, developer or landowner is found to be in violation of this article, the city may, in addition to all other remedies available in either law or equity, institute a civil action or proceeding to restrain, correct or abate the violation; to prevent occupancy of the building, structure or land; or to prevent any illegal act, conduct, business or use in or about the premises. The city may, without limitation, pursue any and all remedies such as abatement of nuisances, injunctive relief, administrative adjudication and revocation of licenses or permits in furtherance of enforcement of the article's provisions.

(d) Any person violating any provision of this article shall be guilty of a misdemeanor and, upon conviction, shall be punished in accordance with section 1-14 of this Code.

(Ord. No. 10,766, § 1, 12-6-07)

For the purposes of this article, the city council hereby adopts the watershed protection map by reference, which is attached to Ordinance No. 11,592 as Exhibit "A" and incorporated herein for all intents and purposes. This map shall be automatically amended without further action by the city council upon annexation and/or disannexation of properties to reflect the city's current boundaries.

(Ord. No. 10,766, § 1, 12-6-07; Ord. No. 11,592, § 5, 2-24-11)