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HomeMy WebLinkAbout77-2126 ordORDINANCE NO. 77-2126 AN ORDINANCE ADOPTING AND ENACTING A NEW CODE OF ORDINANCES OF THE CITY OF PLAINVIEW, TEXAS: ESTABLISHING THE SAME: PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN: EXCEPT AS HEREIN EXPRESSLY PROVIDED: PROVIDING FOR THE EFFECTIVE DATE OF SUCH CODE AND A PENALTY FOR THE VIOLATION THEREOF: PROVIDING FOR THE MANNER OF'~ AMENDING SUCH CODE: AND PROVIDING WHEN THIS ORDINANCE SFJ~LL BECOME EFFECTIVE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: Section 1. That the Code of Ordinances, consisting of Chapters 1 to 33, each inclusive, is hereby adopted, and enacted as the "Code of the Cit~ of Plainview," and shall be treated and considered as a new and original comprehensive ordinance which shall supersede all other general and permanent ordinances passed by the City Council of the City of Plainview on or before May 10, 1977, to the extent provided in Section 2 hereof. Section 2. that all provisions of such Code shall be in full force and effect from and[ after January 1~ 1978 and all ordinances of a general and permanent nature of the City of Plainview, enacted[ on final passage on or before May 10, 1977, and not included in such Code or recognized and continued in force by reference therein are hereby repealed from and after ~anua~y ] , 1978, except as hereinafter provided. Section 3. That the repeal provided for in Section 2 hereof shall not affect any of the following: (1) Any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing before the effective date of such Code; ~2) Any ordinance promising or guaranteeing the payment of money for the City, or authorizing (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) the issuance of any bonds of the City or any evidence of the City's indebtedness; Any contract or obligations assumed by the City; Any right or franchise granted by the City; Any ordinance dedicating, naming, establishing, locating, relocating, opening, paving, widening, vacating, etc, any street or public way in the City; Any ordinance relating to municipal street maintenance agreeme:nts with the State of Texas; Any ordinance establishing or prescribing, grades for streets in the City; Any appropriation ordinance or ordinance providing for the levy of taxes or for an annual budget; Any ordinance relating to local improvements and assessments therefo.r; Any ordinance annexing territory to the City or discontinuing territory as a part of the City; Any ordinance dedicating or accepting any plat or subdivision in ~he City; Ordinances or resolutions prescribing traffic regulations for specific streets, such as ordi- nances or resolutions designating one-way streets, no:parking areas, truck routes, stop intersections, intersections where traffic is to be controlled by signals, etc.; Any ordinance establishing or imposing any rates, charges or fees for uitility services or connections; Qrdinance Number 794, enacted September 2, 1963, being the City's zoning ordinance, and any amend- ment thereto; (15) (16) Ordinance Number 65.-864, enacted April 15, 1965, being the City's sulbdivision ordinance, and any amendment thereto; Any Ordinance enacted after May 10, 1977. The repeal provided for in Section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance which is repealed by this ordinance. Section 4. That whenever in such Code an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or whenever in such Code the doing of any act is required or the failure to do any act is declared to be unlawful and no specific penalty is provided therefor, the violation of any such provision of such Code shall be punished by a fine not exceeding two hundlred dollars ($200.00), as provided in Section 1-5 of such Code. Section 5. That any and all additions and amendments to such Code, when passed in suclh form as to indicate the intention of the City Council to make the same a part thereof, shall be deemed to be incorporated in such Code so that reference to the "Code of the City of Plainview, Texas," shall be understood and intended to include such additions and amendments. Section 6. In Case of the amendment of any section of such Code for which a penalty is not provided, the general penalty as provided in Section 4 of this ordinance and Section 1-5 of such Code shall apply to 'the section as amended; or, in case such amendment contains provisions for which a penalty, other than the aforementioned general penalty, is provided in -_another section in the same chapter, the penalty so provided in such other section shall be held to relate to the section so amended, unless such penalty, is specifically repealed therein. Section 7. A copy of such Code shall be kept on file in the office of the City Clerk preserved in looseleaf form, or in such other form as the City Clerk may consider most expedient. It~.shall be the express duty of the City Clerk, or someone authorized by him, to insert in their designated places all amendments or ordinances Which indicate the intentiOn of the City Council to make the same a part of such Code when the same have been printed or reprinted in page form, and to extract from such Code all provisions which may be from time to time repealed by the City Council. This copy of such Code shall be available for all persons desiring to examine the same. 'section 8. It shall be u~lawful for any person to change or amend, by additions or deletions, any uart or portion of such Code, or to insert or de]Lete pages, or portions thereof, or to alter or tamper with-such Code in any manner whatsoever which will cause the law of the City of Plain~iew to be mis- represented thereby. Any person violating this section shall be punished as provided in Section 4 of this ordinance. · 'Secti~on .9. Ail ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. 'Section 10. This ordinance shall become effective on the ~day of January 1 , 1978. PASSED AND APPROVED ON FINAL READING at a Regular Meeting of the City Council of the City of Plainview, Texas, on this the ~ 25th day of 0ct0ber~ ]977A. D'~ with all members present voting "Yea" for the passage of same. ATTEST: /'s:/ THE STATE OF TEXAS COUNTY OF HALE I, M, k. REA , the duly appointed, .qualified and acting City Clerk of the City of Plainview, Texas, ~do hereby certify that the above and foregoing is a full, true and correct copy of Ordinance Numbe~7-~s passed and approved on final reading by the City Council on ~o~ 2~ , 1977. IN TESTIMONY WHEREOF~, witness my hand and seal of the said City of Plainview, Texas, on this the 25th ~0ct0ber day of .A.D. 1977 . City C l~.erk (SEAL) CITY OF' PL.A]NVI -W Ordinance Date /,.:ction I!/, Advertised %1 Codified j ~ -- Rec?d~d J ~ I CODE OF ORDINANCES CITY OF PLAINVIEW, TEXAS CHARTER AND GENERAL ORDINANCES OF THE CITY Adopted, October 25, 1977 Effective, January l, 1978 PUBLISHED BY ORDER OF THE CITY COUNCIL MUNICIPAL CODE CORPORATION Tallahassee, Florida Copyright, 1977 Municipal Code Corporation Tallahassee, Florida OFFICIALS OF THE CITY OF PLAINVIEW, TEXAS AT THE TIME OF THIS CODIFICATION Mayor J. Robert Wayland Councilmen A. ~'~illiam SoRelle, Jr, Jeane Browning Medl in Carpenter Lloyd C. Woods Tom Almon City Clerk M. L. Rea City Manager Marshall Pharr City Attorney Joe Sharp PREFACE Th.is Code is a codification of the ordinances of Ptainview of a general and permanent nature. As expressed in the Adopting Ordinance, the Code supersedes all such ordinances not included therein or recognized as continuing in force by reference thereto. The chapters of the Code are arranged in alphabetical order and the sections within each chapter are catchlined to facilitate usage. Footnotes which tie related sections of the Code together and which refer to relevant provisions of the state law have been included. A table listing the state law citations setting forth their location within the Code Volume is included at the back of this volume. The source of each section is indicated by the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code. By use of the Comparative Table also appearing in the back of the volume, any ordinance included herein can be readily found in the Code. N~u~bering System · The numbering system used in this Code is the same system used in many state and municipal codes. Each section number consists of two component parts separated by a dash, the figure before the dash representing the chapter number and the figure after the dash indicating the position of the section within the chapter. Thus, the first section of Chapter 1 is numbered 1-1 and the fifth section of Chapter 3 is 3-5. Under this system each section is identified with its chapter and, at the same time, new sections or even whole chapters can be inserted in their proper places, simply by using the decimal system for amendments. By way of illustration: If new material consisting of three sections that would logically come between Sections 4-1 and 4-2 is desired to be added, such new sections would be numbered 4-1.1, 4-1.2, 4-1.3 respectively. New chapters may be included in the same manner. If the new material is to be included between Chapters 12 and 13 it w~ll be designated as Chapter ].2.1. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters. New articles and new divisions may be included in the same way or, in the case of articles, may be placed at the end of the article embracing the subject, the next successive number being assigned to the article or division. Index The index has been prepared with the greatest of care. Each particular item has been placed under several headings, some of the headings being couched in lay phraseology, others in legal terminology, and still others in language generally used by municipal officials and employees. There are numerous cross references within the index which stand as guideposts to direct the user to the particular item in which he is interested. Looseleaf Supplements A special feature of this Code is the looseleaf system of binding and supplemental service, by which the Code will be kept up-to-date periodically. Upon the final passage of amendatory ordinances, they will be properly edited and the page or pages affected will be reprinted. These new pages will be distributed to the holders of the Code with instructions for the manner of insert- ing the new pages and deleting the obsolete pages. Each such amendment, when incorporated into the Code, may be cited as a part thereof, as provided in Section of the Adopting Ordinance. The successful maintenance of this Code up-to-date at all times will depend largely upon the holder of the volume . As revised sheets are received it will then become the responsibility of the holder to have the maendments inserted according to the attached instructions. It is strongly recommended by the publishers that all such amendments be inserted immediately upon receipt to avoid misplacing them, and in addition, that all deleted pages be saved and filed for historical references purposes. Acknowled~ent~ The publication of this Code was under the direct supervision of George R. Langford, President and Ronald K. McLaughlin, Editor, of the Municipal Code Corporation, Tallahassee, Florida. Credit is greatefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project. Special appreciation is due to Mr. Marskatl Pharr, City Manager, for his supervision, cooperation and interest during the progress of the work of this Code. MUNICIPAL CODE CORPORATION Tallahassee, Florida TABLE OF CONTENTS Officials of City ..... Preface--- Adopting Ordinance- Page iii V ix Charter-- ~.!;~,~ Art. I. Art. II. ~ .... Art. III. Art. IV. ~ Art. V. .......... ~ Art. VI. ........ Art. VII. Art. VIII. Art. IX. Art. XI. ~ ~ ~ ~ Art. XII. Art. XIII. ~ Art XIV. Art. XV. Art. ~I. Art. XVII. Art. XVIII. ~~ Art~ XIX. ] Art. XX. ~, ~" Art. XXI. Art. XXII. Art. XXIII. Art. XXIV. · ~' Art. ~. CHARTER Generally--- Municipal Government-- Officers Finance and Taxation, Board of Equalization, Taxes Bonds Street Improvements Condemnation of property .......... Court ........ Elections, Improvement Districts Ordinances Police Powers .......... Streets and Public Grounds ........ Fires and Fire Regulations Sanitation ......... General Powers Opening of Streets Public Utilities- Conflict of Laws- Working on Streets Franchises General Laws Cumulative ......... Amendments- CITY CODE 1 1 6 9 20 28 31 36 39 39 40 41 43 48 50 53 57 61 65 71 71 72 72 73 73 73 General Provisions Administration Art. I. Art. II. Art. III. In General City Council Leqislation 131 189 189 191 192 PLAINVIEW CODE e 0 Art. IV. Art. V. Art. VI. Art. VII. Div. 1. Generally-- Div. 2. Amendments to Code City Clerk ........ Employee Benefits- Div. 1. Generally (Reserved) Div. 2. Retirement ................... Div. 3. Tax Sheltered Annuity Plan--- Div. 4. Social Security Central Plains Higher Education Authority Disposition of Surplus Real Property .... Advertising .... Art. I. Art. II. In General Distribution of Handbills Alcoholic Beverages Ambulances Art. I· Art. II. Art. III. In General Franchises. Drivers Amusements Art. I. Art. II. Art. III. Art. IV. In General Public Dances Div. 1. Generally ........ Div. 2. Dance Hall License ..... Pool, Billiard Rooms and Domino Parlors-- Div. 1. Generally .... Div. 2. License ......... Coin-Operated Machines .......... Animals and Fowl~ Art. I. In General Art. II. Keeping Regulations Div. 1. Generally- Div. 2. Permit for Wild Animals Art. III. Impoundment- Art. IV. Domesticated Animals Div. 1. Generally ...... Div. 2. License Div. 3. Nuisance Div. 4. Impoundment- Art. V. Rabbits Art. VI. Rabies Control Aviation- Art. I. Art,. II. In General (Reserved) Airport Zoning Board 192 192 196 197 197 197 203 210 211 212 267 267 268 321 421 421 424 431 481 481 481 481 485 489 489 491 494 549 549 550 550 551 554 555 555 556 558 560 563 564 617 617 617 TABLE OF CONTENTS 10. 11. 12. 13. 14. 15. 16. Building .... Art. Io Art. II. In General Building Code, Div. 1. Generally ...... Div. 2. Dangerous Buildings Civil Defense' Art. I. Art. II. Art. III. In General Committee Coordinator-- Div. 1. Generally-- Div. 2. Assistant ....... Electricity .... Art. I. Art. II. Art. III. Art. IV. Art. V. Art. VI. In General .... Electrical Inspector .......... Board of Electrical Examiners Licenses and Bonds Permits and Inspections Installation Regulations- Fire Protection and Prevention ........... Art. I. In General Art. II. Fire Marshal Art. III. Fire Prevention Code Food and Food Handlers Art. I. In General (Reserved) Art. II. Health Certificate Art. III. Food Service Establishments- Art. IV. Milk and Milk Products- Div. 1. Generally- Div. 2. Permits Art. V. Meat and Meat Products Div. 1. Generally-- Div. 2. Permit- Garbage and Trash ..... Art. I. In General Art., II. Collection Regulations Housing-- Art. I. Arto II. In General (Reserved) Housing Code Junk and Junk Dealers Art. I. In General, Art. II. License- 669 669 672 672 680 733 733 737 738 738 740 791 791 795 799 802 813 823 887 887 888 894 947 947 947 949 951 951 952 956 956 957 1009 1009 1010 1063 1063 1063 1117 1117 1120 PLAINVIEW CODE 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. Library'- ....... Art. I. Art. II. In General Advisory Committee Mobile Homes Art. I. Art. II. Art. III. In General Parks ........... Div. 1. Generally ..................... Div. 2. License ............... Div. 3. Specifications Variances Municipal Court ................... Nuisances Art. I. Art. II. Art. III. In General Junked Motor Vehicles. Noise Nuisances .................. Offenses Parks and Recreation Art. I. In General Art. II. Advisory Committee--- Art. III. Shelter House ..... Pawnbrokers .... Peddlers and Solicitors- Art. I. In General Art. II. Permit-- Planning and Zoning Art. I. In General Art. II. Planning Commission, Art. III. Board of City Development- Art. IV. Wet Weather Lake Areas- Plumbing ..................... Art. I. In General Art. II. Plumbing Code .... Signs Art. I. Art. II. In General (Reserved) Sign Code--- Streets and Sidewalks Art. I. In General Art. II. Sidewalks- Art. III. Excavations Art. IV. Sight Obstructions at Intersections 1175 1175 1176 1231 1231 1232 1232 1233 1235 1242 1295 1347 1347 1350 1355 1407 1459 1459 1459 1462 1513 1567 1567 1570 1625 1625 1626 1632 1634 1687 1687 1687 1743 1743 1743 1795 1795 1798 1799 1801 TABLE OF CONTENTS 29. Subdivisions 30. Taxation Art. I. Art. II. In General Occupancy Tax ................. 31. Taxicabs Art. I. Art. II. Art. III. Art. IV. In General License Liability Insurance ............ Chauffeur's License ....... 32. Traffic ........... Art. I. In General Art. II. Administration Div. 1. Generally ........ Div. 2. Traffic Safety Committee Art. III. Enforcement and Obedience Art. IV. Penalties, Procedures Upon Arrest- Art. V. Accidents- Art. VI. Authorized Emergency Vehicles Art. VII. Operation of Vehicles ........... Art. VIII. Right-of-Way Regulations .... Art. IX. Speed Art. X. Turning Movements Art. XI. Traffic-Control Signs, Signals and Devices Div. 1. Generally ...... Div. 2. Stop, Yield Intersections ..... Div. 3. One-Way Streets, Alleys Div. 4. Truck Routes. Art. XII. Miscellaneous Driving Rules Art. XIII. Parades and Processions Div. 1. Generally ..... Div. 2. Permit ............ Art. XIV. Stopping, Standing and Parking- Div. 1. Generally .... Div. 2. Restricted, Prohibited on Certain Streets. Div. 3. Loading and Unloading. Div. 4. Parking Areas Art. XV. Pedestrians- 33. Utilities Art. I. Art. II. Art. III. Art. IV. App. A. App. B. In General Rates and Charges- Water, Sewer Extensions Industrial Wastes Schedule of Water Main Installation Refunds Schedule of Sewer Installation Refund .... Comparative Table Charter Index-- Code Index- 1853 1953 1953 1954 2007 2007 2009 2011 2013 2067 2067 2076 2076 2077 2080 2083 2084 2088 2090 2096 2098 2105 2107 2107 2116 2118 2119 2122 2129 2129 2131 2132 2132 2141 2143 2146 2147 2201 2201 2205 2208 2225 2247 2251 2553