TITLE IX: GENERAL REGULATIONS
		Chapter
			90.	JUNKED VEHICLES
			91.	FIRE PROTECTION AND PREVENTION
			92.	NUISANCES
			93.	FOOD ESTABLISHMENTS
			94.	STREETS AND SIDEWALKS
			95.	ANIMALS
			96.	PARKS
			97.	GARAGE, YARD AND ESTATE SALES
			98.	SMOKING AND TOBACCO USE
CHAPTER 90: JUNKED VEHICLES
Section
	90.01	Definitions
	90.02	Reserved
	90.03	Reserved
	90.04	Responsibility for administration
	90.05	Notification of owner or lien holder of junked vehicles on private property; contents of notice; hearing
	90.06	Notification of owner or occupant of public premises or to owner or occupant of premises adjacent to public right-of-way whereupon junked vehicle exists; contents of notice
	90.07	Public hearing; determination of public nuisance; issuance of order requiring removal and abatement of junked vehicle
	90.08	Disposal of junked vehicles by city
	90.09	Reconstruction of junked vehicles prohibited
	90.10	Notification to State Highway Department of removal of junked vehicle
	90.11	Exemptions
	90.12	Authority to enforce
	90.13	Applicability to vehicles constituting obstruction to traffic
	90.14	Violations

	90.99	Penalty
§ 90.01  DEFINITIONS.
	For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
	ANTIQUE VEHICLE.  A passenger car or truck that is at least 25 years old.
	DEMOLISHER.  Any person whose business is to convert a motor vehicle into processed or scrapped metal or otherwise to wreck or dismantle motor vehicles.
	INOPERABLE.  A vehicle that is in such condition at the time of inspection, that it is no longer usable for the purpose for which it was manufactured, regardless of the potential for repair or restoration.  If the vehicle is wrecked, dismantled, or partially dismantled it is presumed to be INOPERABLE.
	JUNKED VEHICLE. A vehicle that is self-propelled or was manufactured to be self-propelled, or any part thereof, in ordinary public view, which remains inoperable for a continuous period of ten days.
	MOTOR VEHICLE COLLECTOR.  A person who:
		(1)	Owns one or more antique or special interest vehicles; and
		(2)	Acquires, collects, or disposes of an antique or special interest vehicle or part of an antique or special interest vehicle for personal use to restore and preserve an antique or special interest vehicle for historic interest.
	ORDINARY PUBLIC VIEW.  A vehicle or any part thereof or the tarp or cover thereon is visible at any time of the year from any public right-of-way.
	POLICE DEPARTMENT.  The Police Department of the city.
	SPECIAL INTEREST VEHICLE.  A motor vehicle of any age that has not bee changed from original manufacturer’s specifications and, because of its historic interest, is being preserved by a hobbyist.
(Ord. 02-15-82, passed 2-15-82; Am. Ord. 08-04-21C, passed 4-21-08)
§ 90.02  RESERVED.
§ 90.03  RESERVED.
§ 90.04  RESPONSIBILITY FOR ADMINISTRATION.
	Wherever the city is authorized or directed to take action under the provisions of this chapter, the action shall be taken or performed by the City Administrator, City Secretary, Chief of Police or by any other regularly salaried, full time employee of the city, except that removal of vehicles or parts thereof from property may be by any other person duly authorized by the City Council or by the regularly salaried, full time employee of the city acting pursuant to this chapter.
(Ord. 02-15-82, passed 2-15-82)
§ 90.05  NOTIFICATION OF OWNER OR LIEN HOLDER OF JUNKED VEHICLES ON PRIVATE PROPERTY; CONTENTS OF NOTICE; HEARING.
	When the City Administrator, City Secretary, Chief of Police or any city police officer (each of whom may be referred to as enforcement officer) determines the existence of a junked vehicle upon private property within the city, the city shall notify the owner or the occupant of the private premises whereupon such junked vehicle exists and the owner and lien holder if same can be ascertained, with such notice to be by registered or certified mail with a five day return requested, or by personal delivery, and notifying the owner, occupant, vehicle owner and lien holder if same is known of the nature of the public nuisance on the private property and that it must be removed and abated within ten days from the date of such notice, failing which the city will by its officials remove or dispose of the junked vehicle. The notice shall further provide that the owner or the occupant of the private premises whereupon the junked vehicle exists may request a hearing by the Municipal Judge to determine whether or not the alleged junked vehicle does, in fact, constitute a junked vehicle under the provisions hereof, and, thereby be subject to removal and abatement as provided hereunder. The hearing, to be effective and granted, must be requested within ten days from the date of the notice. If the post office address of the last known registered owner of the junked vehicle is unknown, notice may be placed on the junked vehicle, or if the owner is located, personally delivered. If the notice herein provided for is returned undelivered by the United States Post Office, official action to abate the nuisance shall be continued to a date not less than ten days from the date of the return.
(Ord. 02-15-82, passed 2-15-82; Am. Ord. 04-11-29B, passed 11-29-04)
§ 90.06  NOTIFICATION OF OWNER OR OCCUPANT OF PUBLIC PREMISES OR TO OWNER OR OCCUPANT OF PREMISES ADJACENT TO PUBLIC RIGHT-OF-WAY WHEREUPON JUNKED VEHICLE EXISTS; CONTENTS OF NOTICE. 
	When the City Administrator, City Secretary, Chief of Police or any other city police officer (each of whom may be referred to as enforcement officer) determines the existence of a junked vehicle upon public property or on a public right-of-way within the city, the city shall notify the owner or the occupant of the public premises or the owner or the occupant of the premises adjacent to the public right-of-way whereupon the junked vehicle exists, and the owner and lien holder if same can be ascertained, with the notice to be by registered or certified mail with a five day return requested, or by personal delivery, and notifying the owner, occupant, vehicle owner and lien holder if same is known, of the nature of the public nuisance on the public property or on a public right-of-way and that it must be removed and abated within ten days from the date of the notice, failing which the city will by its officials remove or dispose of the junked vehicle. The notice shall farther provide that the owner or the occupant of the public premises or the owner or the occupant of the premises adjacent to the public right-of-way whereupon the junked vehicle exists may request a hearing by the Municipal Judge to determine whether or not the alleged junked vehicle does in fact constitute a junked vehicle under the provisions hereof and, thereby be subject to removal and abatement as provided for hereunder. The hearing, to be effective and granted must be requested within ten days from the date of the notice. If the post office address of the last known registered owner of the junked vehicle is unknown, notice may be placed on the junked vehicle, or, if the owner is located, personally delivered. If the notice herein provided for is returned undelivered by the United States Post Office, official action to abate the nuisance shall be continued to a date not less than ten days from the date of the return.
(Ord. 02-15-82, passed 2-15-82; Am. Ord. 04-11-29C, passed 11-29-04)
§ 90.07  PUBLIC HEARING; DETERMINATION OF PUBLIC NUISANCE; ISSUANCE OF ORDER REQUIRING REMOVAL AND ABATEMENT OF JUNKED VEHICLE. 
	The enforcement officer of the city, upon receipt of requests for a public hearing as provided for in §§ 90.05 and 90.06 shall forthwith notify the applicant of the date, time and place of the public hearing which shall be at the next regularly scheduled City Council meeting or at the next called special City Council meeting, provided the applicant has at least five days notice prior to the date of the hearing. Upon the completion of the hearing, the City Council shall determine whether or not the alleged junked vehicle is in fact a junked vehicle under the terms of this chapter and subject to removal and abatement under the terms of this chapter. In the event the City Council determines that the alleged junked vehicle is in fact a junked vehicle and subject to removal and abatement under the terms hereof, the City Council shall pass a resolution requiring the removal of the junked vehicle, or parts thereof, within five days, which resolution shall include a description of the vehicle and the correct identification number and license number of the vehicle, if available, at the site of the vehicle.
(Ord. 02-15-82, passed 2-15-82)
§ 90.08  DISPOSAL OF JUNKED VEHICLES BY CITY.
	In the event the junked vehicle is not removed and abated within five days from the date of the resolution of the City Council, it may be disposed of by the city by removal thereof to a scrap yard, demolisher or any suitable site operated by the city for processing scrap or salvage. In the event the City Council determines that commercial channels or disposition of junked vehicles within the city are not available or are inadequate, the city, upon such determination, may make final disposition of the junked vehicles, or parts thereof, or it may transfer the vehicles or parts thereof to another, with the transfers to be only a scrap or salvage and upon the condition that the same cannot be reconstructed or made operable.
(Ord. 02-15-82, passed 2-15-82)
§ 90.09  RECONSTRUCTION OF JUNKED VEHICLES PROHIBITED.
	When a junked vehicle has been removed and disposed of, as provided for hereunder, it shall not thereafter be reconstructed or made operable.
(Ord. 02-15-82, passed 2-15-82) Penalty, see § 90.99
§ 90.10  NOTIFICATION TO STATE HIGHWAY DEPARTMENT OF REMOVAL OF JUNKED VEHICLE.
	Upon the removal and abatement of any junked vehicles hereunder by the official of the city, the city shall forward notice, within five days after the removal, to the Texas Highway Department, Austin, Texas, setting forth the available identification of the junked vehicle and advising of its removal and abatement.
(Ord. 02-15-82, passed 2-15-82)
§ 90.11  EXEMPTIONS.
	This chapter shall not apply to a vehicle or part thereof which is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property, a vehicle or part thereof which is stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer or a junkyard or unlicensed, operable or inoperable antique and special interest vehicle stored by a collector on his or her property; provided that the vehicles described in this section and the outdoor storage areas therein referred to 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.
(Ord. 02-15-82, passed 2-15-82)
§ 90.12  AUTHORITY TO ENFORCE.
	Code inspectors of the city may enter upon private property for the purposes specified in this chapter to examine vehicles or parts thereof, obtain information as to the identity of vehicles, and to remove or cause the removal of a vehicle or parts thereof declared to be nuisance pursuant to this chapter.
(Ord. 02-15-82, passed 2-15-82; Am. Ord. 08-04-21C, passed 4-21-08)
§ 90.13  APPLICABILITY TO VEHICLES CONSTITUTING OBSTRUCTION TO TRAFFIC.
	Nothing in this chapter shall effect the statutes that permit immediate removal of a vehicle left on public property which constitutes an obstruction to traffic.
(Ord. 02-15-82, passed 2-15-82)
§ 90.14  VIOLATIONS.
	If, after receiving notice as herein provided requiring the removal and abatement and not requesting a hearing as herein provided a person fails to remove and abate the junked vehicle within the ten day period provided for herein, the person shall be guilty of a violation of maintaining a public nuisance. If a public hearing is requested and held and the City Council passes a resolution or order directing the removal and abatement of a junked vehicle and the person to whom the resolution or order is directed fails to remove or abate the junked vehicle within five days from the date of such order or resolution, the person shall be in violation of maintaining a public nuisance. 
(Ord. 02-15-82, passed 2-15-82) Penalty, see § 10.99
§ 90.99  PENALTY.
	(A)	 Any person, firm or corporation who violates any of the provisions of this chapter, for which no other penalty has been otherwise specified, shall be punished in accordance with the provisions of § 10.99 of this code.
	(B)	A person commits an offense if the person maintains a public nuisance as described by § 90.04, or fails to comply with an order following a public hearing as provided in § 90.09.
	(C)	An offense under this division (B) of this section is a misdemeanor subject to prosecution in the Municipal Court of Hooks, Texas, and is punishable by a fine not to exceed $500.
	(D)	The Municipal Court shall have the authority to have a person convicted of the offense described in division (B) of this section to abate and remove the nuisance, or to issue any other orders necessary to enforce the provisions of this chapter.
(Ord. 08-04-21C, passed 4-21-08)
CHAPTER 91: FIRE PROTECTION AND PREVENTION
Section
General Provisions
	91.01	Reward for arrest and conviction of person(s) guilty of committing arson 
	91.02	Mitigation rates for deployment of emergency and non-emergency services by the Fire Department
Fire Marshal
	91.10	Creation of office
	91.11	Duty to investigate fires
	91.12	Taking testimony, summoning witnesses, administration of oaths
	91.13	Refusal of witness to testify
	91.14	Investigations may be private; separation of witnesses
	91.15	Right of entry
	91.16	Periodic inspections of mercantile, manufacturing and public buildings; ordering correction or removal of defective conditions
	91.17	Maintaining dangerous or dilapidated conditions prohibited
Fireworks
	91.30	Definitions
	91.31	Territorial application
	91.32	Fireworks prohibited; exception for organized displays by permit
	91.33	Exceptions
	91.34	Fireworks a public nuisance
Handling and Transportation of Explosives
	91.45	United States Interstate Commerce Commission regulations
	91.46	Storage, handling and transportation prohibited
	91.47	Dangerous materials
	91.48	Time limit for parking, standing or stopping on city streets
	91.49	Time limit for parking in lot or garage
	91.50	Display of placards
	91.51	Carrying of inflammable substances with explosive materials prohibited
	91.52	Driver of vehicle transporting explosives
	91.53	Regulations for U.S. Highway 82
	91.54	Required distance from other vehicles
	91.55	Permit required for storage and/or parking of explosive or dangerous laden vehicle
	91.56	Required distance from school grounds or campus
	91.57	Time limit for vehicle to remain in city
	91.58	Stops regulated
Key Lock Boxes
	91.65	Key lock box security systems
	91.66	Gated property access

	91.99	Penalty
GENERAL PROVISIONS
§ 91.01  REWARD FOR ARREST AND CONVICTION OF PERSON(S) GUILTY OF COMMITTING ARSON.
	The Mayor be and is authorized to pay a reward of an amount as established by the City Council from time to time to any person or persons who cause the arrest and conviction of any person or persons committing the crime or arson within the city limits, this reward to be paid only after the arrest and conviction of the person or persons committing the crime and only on reward to be paid upon any one conviction.
(Ord. 1-16-89, passed 1-16-89)
§ 91.02  MITIGATION RATES FOR DEPLOYMENT OF EMERGENCY AND NON- EMERGENCY SERVICES BY THE FIRE DEPARTMENT.
	(A)	(1)	The Hooks Fire Department shall initiate mitigation rates for the delivery of emergency and non-emergency services by the Fire Department for personnel, supplies, and equipment to the scene of emergency and non-emergency incidents as listed in Exhibit A of Ordinance 19-03-18, which is incorporated by reference as if set out in full herein. The mitigation rates shall be based on actual costs of the services and that which is usual, customary, customary, and reasonable (UCP), which may include any services, personnel, supplies, and equipment and with baselines established by addendum.
		(2)	The mitigation rates will increase by 1.5% annually or based on the annual percentage increase in the Consumer Price Index (CPI), as developed by the Bureau of Labor Statistics of the U.S. Department of Labor, whichever is more. Rate adjustments will occur on the anniversary date of this section to keep the Fire Department’s cost recovery program in conformity with increasing operating expenses.
	(B)	A claim shall be filed to the responsible party(s) through their insurance carrier. In some circumstances, the responsible party(s) will be billed directly.
	(C)	The City Council may make rules or regulations and from time to time may amend, revoke, or add rules and regulations, not consistent with this section, as they may deem necessary or expedient in respect to billing for those mitigation rates or the collection thereof.
(Ord. 19-03-18, passed 3-19-18)
FIRE MARSHAL
§ 91.10  CREATION OF OFFICE.
	The office of Fire Marshal is created. The office shall be independent of other city departments, the Fire Marshal reporting directly to the Chief of Police. The office shall be filled by appointment by the Mayor, by and with the consent of the City Council within five days after this chapter shall take effect. The Fire Marshal shall be properly qualified for the duties of his or her office and shall be removed only for cause. He or she shall receive his or her present salary, which shall cover these additional duties.
(Ord. 16, passed 8-12-47; Am. Ord. 06-04-17A, passed 4-17-06)
§ 91.11  DUTY TO INVESTIGATE FIRES.
	The Fire Marshall shall investigate the cause, origin and circumstances of every fire occurring within this city by which property has been destroyed or damaged, and shall especially make investigation as to whether the fire was the result of carelessness or design. The investigation shall be begun within 24 hours, not including Sunday, of the occurrence of the fire. The Fire Marshall shall keep in his or her office a record of all facts, statistics and circumstances, including the origin of the fires and the amount of the loss, which may be determined by the investigation required by this chapter.
(Ord. 16, passed 8-12-47)
§ 91.12  TAKING TESTIMONY, SUMMONING WITNESSES, ADMINISTRATION OF OATHS.
	(A)	The Fire Marshall, when in his or her opinion further investigation is necessary, shall take or cause to be taken the testimony, on oath, of all persons supposed to be cognizant of any facts or to have means of knowledge in relation to the matter under investigation and shall cause the same to be reduced to writing, and if he or she shall be of the opinion that there is evidence sufficient to charge any person with the crime of arson, with the attempt to commit the crime of arson, of conspiracy to defraud or criminal conduct in connection with the fire, he or she shall cause such person to be lawfully arrested and charged with such offense or either of them and shall furnish to the proper prosecuting attorney all such evidence, together with the names of witnesses and all of the information obtained by him or her, including a copy of pertinent and material testimony taken in the case.
	(B)	The Fire Marshal shall have the power to summon witnesses before him or her to testify in relation to any matter which is by the provisions of this chapter a subject of inquiry and investigation and may require the production of any book, paper or document deemed pertinent thereto. The Fire Marshal is authorized and empowered to administer oaths and affirmations to any person appearing as witnesses before him or her.
(Ord. 16, passed 8-12-47)
§ 91.13  REFUSAL OF WITNESS TO TESTIFY.
	Any witness who refuses to be sworn, who refuses to appear or testify, who disobeys any lawful order of the Fire Marshal, who fails or refuses to produce any book, paper or document touching any matter under examination or who is guilty of any contemptuous conduct during any of the proceedings of the Fire Marshal in the matter of the investigation or inquiry after being summoned to give testimony in relation to any matter under investigation as aforesaid shall be deemed guilty of a misdemeanor, and it shall be the duty of the Fire Marshal to cause the offenders to be prosecuted. Any person being convicted of any such misdemeanor shall be fined in an amount as established by the City Council from time to time. Provided, however, that any person so convicted shall have the right of appeal. 
(Ord. 16, passed 8-12-47)
§ 91.14  INVESTIGATIONS MAY BE PRIVATE; SEPARATION OF WITNESSES.
	All investigations held by or under the direction of the Fire Marshal may, in his or her discretion, be private, and persons other then those required to be present may be excluded from the place where the investigation is held and witnesses may be kept separate and apart from each other and not allowed to communicate with each other until they have been examined. 
(Ord. 16, passed 8-12-47)
§ 91.15  RIGHT OF ENTRY.
	The Fire Marshal shall have the authority at all times of day or night, when necessary, in the performance of his or her duties to enter upon and examine any building or premises where any fire has occurred and other buildings and premises adjoining or near the same, which authority shall be exercised only with reason and good discretion.
(Ord. 16, passed 8-12-47)
§ 91.16  PERIODIC INSPECTIONS OF MERCANTILE, MANUFACTURING AND PUBLIC BUILDINGS; ORDERING CORRECTION OR REMOVAL OF DEFECTIVE CONDITIONS.
	The Fire Marshal, upon complaint of any person having an interest in any building or property adjacent and without complaint, shall have a right at all reasonable hours, for the purpose of examination, to enter into and upon all buildings and premises within the city, and it shall be his or her duty, monthly or more often, to enter upon all mercantile, manufacturing and public buildings, together with the premises belonging thereto. Whenever he or she shall find any building or other structure which, for want of repair, or by reason of age or dilapidated condition, or for any cause is especially liable to fire and is so situated as to endanger other buildings or property, or so occupied that fire would endanger persons or property therein, and whenever he or she shall find an improper or dangerous arrangement of stoves, ranges, furnaces or other heating appliances of any kind whatsoever, including chimneys, flues and pipes which are connected thereto, or a dangerous arrangement of lighting devices or systems, or a dangerous or unlawful storage of explosives, compounds, petroleum, gasoline, kerosene, dangerous chemicals, vegetable products, ashes, combustible, inflammable and refuse materials, or other conditions which may be dangerous in character or liable to cause or promote fire or create conditions dangerous to the firefighters or occupants, he or she shall order the same to be removed or remedied, and such order shall be forthwith complied with by the owner or occupant of the building or premises. However, if the owner or occupant deems himself or herself aggrieved by the order, he or she may within five days, appeal to the Mayor, who shall investigate the cause of the complaint and unless by his or her authority the order is revoked, the order shall remain in force and be forthwith complied with by the owner or occupant. At the end of each month the Fire Marshal shall report to the State Fire Marshal all existing hazardous conditions, together with a separate report on each fire in the city during the month.
(Ord. 16, passed 8-12-47)
§ 91.17  MAINTAINING DANGEROUS OR DILAPIDATED CONDITIONS PROHIBITED.
	(A)	Any owner or occupant of a building or other structure or premises who shall keep or maintain the same when, for want of repairs or by reason of age or dilapidated condition, or for any cause, it is especially liable to fire, and which is so situated as to endanger buildings or property of others, or is especially liable to fire and which is so occupied that fire would endanger other persons or their property therein shall be punished as set forth in § 91.99.
	(B)	Any owner or occupant of any building or other structure or premises who shall keep or maintain the same with an improper arrangement of stove, range, furnace or other heating appliance of any kind whatever, including chimneys, flues and pipes with which the same may be connected, so as to be dangerous in the matter of fire, or health, or safety of persons or property of others; or who shall keep or maintain any building, other structure or premises with an improper arrangement of a lighting device or system, or with a storage of explosives, petroleum, gasoline, kerosene, chemicals, vegetable products, ashes, combustibles, inflammable materials, refuse or with any other condition which shall be dangerous in character to persons, health or property of others; or which shall be dangerous in the matter of promoting, augmenting or causing fires; or which shall create conditions dangerous to firefighters or occupants of the building, structure or premises other than the maintainor thereof shall be punished as set forth in § 91.99.
	(C)	No prosecution shall be brought under this section until the order provided for in § 91.16 be given and the party notified shall fail or refuse to comply with the same.
(Ord. 16, passed 8-12-47) Penalty, see § 91.99
FIREWORKS
§ 91.30  DEFINITIONS.
	For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
	FIREWORKS.  Any firecrackers, cannon crackers, skyrockets, torpedoes, Roman candles, sparklers, squibs, fire balloon,  star shells, gerbs or any other substance in whatever combination by any designated name intended for use in obtaining visible or audible pyrotechnic display and shall include all articles or substances within the commonly accepted meaning of fireworks whether herein specially designated and defined or not.
	PERSON.  Any natural person, association of persons, partnerships, corporations, agent or officer of corporation and shall also include all warehousemen, common and private carriers, bailees, trustees, receivers, executors and administrators.
(Ord. 24-7-68, passed 7-24-68)
§ 91.31  TERRITORIAL APPLICATION.
	This subchapter shall be applicable and in force throughout the territory of the city within its corporate limits.
(Ord. 24-7-68, passed 7-24-68)
§ 91.32  FIREWORKS PROHIBITED; EXCEPTION FOR ORGANIZED DISPLAYS BY PERMIT.
	(A)	No person shall discharge, fire or operate any firecracker, fireworks or pyrotechnic within the established fire zone of the city except as provided in this section.
	(B)	The fire zone of the city shall consist of all areas of the city within the city limits as it now exists and the extraterritorial jurisdiction of the city, or as it may be hereafter expanded.
	(C)	Civic organizations, religious organizations, public entities and community groups may sponsor fireworks displays open to the public and the community at large after securing the approval of the city council and receiving a permit for such a public fireworks display. In order to receive such a permit, the sponsoring organization shall make application to the city clerk for the consideration of the matter to be placed on the agenda of the city council. At the time of making application, the sponsoring organization must furnish the following information:
		(1)	The name, address and responsible individual of the sponsoring organization;
		(2)	The date, time and place at which the fireworks display shall take place;
		(3)	Evidence in the form of an insurance policy indicating that the sponsoring organization has in place liability insurance in the amount of not less than $500,000 to provide coverage for injuries to persons and property which might arise from the fireworks display;
		(4)	A commitment in writing from the Hooks Volunteer Fire Department of its availability to provide fire protection for the event; and
		(5)	A description of the plans and procedures which the sponsoring organization has for crowd control and public safety surrounding the event.
	(D)	The city council shall review the application of the sponsoring organization and if it deems the plans for the event to adequately provide for the public safety, or if the sponsoring organization agrees to amended plans requested by the city council, the city council shall authorize the issuance of a permit for the event. The permit shall be issued by the city secretary and shall specify the name of the sponsoring organization and its address together with the date, time and place of the event. The permit shall also specify the date of its approval for issuance by the city council.
	(E)	The sponsoring organization shall post the permit for the event at its regular business office at all times prior to the event. After the completion of the event, the permit shall be kept by the sponsoring organization in its business records of a period of not less than three years. The city secretary shall keep a copy of the permit in the permanent city records for a period of not less than five years.
(Ord. 24-7-68, passed 7-24-68; Am. Ord. 08-06-02, passed 6-2-08) Penalty, see § 91.99
§ 91.33  EXCEPTIONS.
	This subchapter shall not apply to signal flares and torpedoes of the type and kind commonly used by any railroad and which signal flares and torpedoes are received by and stored or transported by any such railroad for use in railroad operation; nor shall this subchapter apply to any marine signal flare or rocket of the type and kind commonly carried by a vessel at sea for its own use and which signal flares or rockets are transported or received or stored for use only as ship's stores; nor shall this subchapter apply to signal flares or rockets for military or police use.
(Ord. 24-7-68, passed 7-24-68)
§ 91.34  FIREWORKS A PUBLIC NUISANCE. 
	The presence of any fireworks within the jurisdiction of the city in violation of this chapter is declared to be a common and public nuisance. The Fire Marshal is directed and required to seize and cause to be safely destroyed any fireworks found within the jurisdiction in violation of this subchapter, and any member of the Fire Prevention Division of the Fire Department of the city or any police officer is empowered to stop the transportation of and detain any fireworks found being stored illegally until the Fire Marshal can be notified in order that the fireworks may be seized and destroyed in accordance with the terms of this section. The City Attorney is authorized to file suit on behalf of the city or the Fire Marshal or both for injunctive relief as may be necessary to prevent unlawful storage, transportation, keeping or use of fireworks within the jurisdiction of the city and to aid the Fire Marshal in the discharge of his or her duties and to particularly prevent any person from interfering with the seizure and destruction of the fireworks, but it shall not be necessary to obtain any such injunctive relief as a prerequisite to such seizure and destruction. The Fire Marshal or any member of the Fire Prevention Division of the city is authorized to enter any building where the unlawful presence of fireworks is suspected in order to inspect the same for the presence of the fireworks.
(Ord. 24-7-68, passed 7-24-68) Penalty, see § 91.99
HANDLING AND TRANSPORTATION OF EXPLOSIVES
§ 91.45  UNITED STATES INTERSTATE COMMERCE COMMISSION REGULATIONS.
	All explosives, inflammables and dangerous materials shall be handled, stored, maintained and transported in accordance with rules and regulations of the United States Interstate Commerce Commission, except as set out in this subchapter, and the rules and regulations of the Interstate Commerce Commission are and shall be a part of this subchapter as though same were fully herein copied except where in conflict with this subchapter.
(Ord. 11, passed 6-24-47)
§ 91.46  STORAGE, HANDLING AND TRANSPORTATION PROHIBITED.
	No person, firm, association or corporation shall store, handle or transport inflammable or explosive powder, solid or liquid explosives, highly inflammable materials, war gases and items and material known and classified by the Interstate Commerce Commission of the United States of America as Class “A” and Class “B” explosives and/or dangerous materials, except as hereinafter set out and provided.
(Ord. 11, passed 6-24-47) Penalty, see § 91.99
§ 91.47  DANGEROUS MATERIALS.
	(A)	Dangerous materials shall not be limited to, but shall include fireworks that combine an explosive and detonator or blasting cap, fireworks that will ignite spontaneously when subjected for 48 consecutive hours in the presence of moisture to the temperature of boiling water, firecrackers whose dimensions exceed five inches in length or three quarters of one inch in diameter or whose explosive charge exceeds 45 grains in weight, toy torpedoes or caps exceeding one and one-half inches in diameter or containing more than an average of .35 of a grain of explosive composition per cap, fireworks that can be exploded en masse by a commercial detonator placed in one of the units or impact or otherwise, fireworks containing a match tip or head or frictional igniting point or surface, war gases of all types and concentrations, black powder, smokeless powder and all other items so classified by the Interstate Commerce Commission of the United States of America.
	(B)	All vehicles in or upon which are transported or in which may be placed as much as 25 pounds or one cubic foot of any of the above named or classified commodities or materials is and shall be engaged in the transportation of explosives and dangerous materials.
(Ord. 11, passed 6-24-47)
§ 91.48  TIME LIMIT FOR PARKING, STANDING OR STOPPING ON CITY STREETS.
	No vehicle engaged in the transportation of explosives or dangerous materials may park, stop or remain upon the streets, alleys or thoroughfares of the city for more than five minutes, except to make delivery from vehicles or for servicing vehicles or illness of the driver or operator. In no event shall the vehicle remain unattended on the streets for more than one hour, except vehicles belonging to transportation companies that maintain offices in the city may stop for not to exceed two hours for the purpose of billing and routing shipments.
(Ord. 11, passed 6-24-47) Penalty, see § 91.99
§ 91.49  TIME LIMIT FOR PARKING IN LOT OR GARAGE.
	No vehicle engaged in the transportation of explosives or dangerous materials may remain upon any parking lot, lot, place or within any building, garage or structure within the corporate limits of the city for more than two hours. All such vehicles must be attended by a competent and careful person whose duties shall be to watch for fire, leakage or hazardous conditions. One guard shall be necessary to attend and guard each four vehicles, or fractional part thereof.
(Ord. 11, passed 6-24-47) Penalty, see § 91.99
§ 91.50  DISPLAY OF PLACARDS.
	All vehicles engaged in the transportation of explosives or dangerous materials as herein defined shall display the placards required by the Interstate Commerce Commission rules and regulations affecting the commodities transported, carried, kept or maintained in the vehicle.
(Ord. 11, passed 6-24-47)
§ 91.51  CARRYING OF INFLAMMABLE SUBSTANCES WITH EXPLOSIVE MATERIALS PROHIBITED.
	It shall be unlawful for any person to place or carry in the bed or body or cause to be placed or carried in the bed or body of any vehicle containing explosives or dangerous materials any metal, metal tool or other piece of metal, any carbide, oils, matches, firearms, electric storage batteries, other inflammable substances, acids, oxidizing or corrosive compounds.
(Ord. 11, passed 6-24-47) Penalty, see § 91.99
§ 91.52  DRIVER OF VEHICLE TRANSPORTING EXPLOSIVES.
	A motor truck or vehicle transporting explosives must be driven by and be in charge of a driver who is careful, capable, reliable, able to read and write the English language and not addicted to the use or under the influence of intoxicants or narcotics. No person shall smoke or carry matches or any other flame-producing devices, firearms or loaded cartridges while on or near the motor truck or vehicle. The driver must be familiar with the local code and regulations governing the transportation of explosives and must comply with them. The driver must be familiar with the necessary safety rules for handling and transporting explosives.
(Ord. 11, passed 6-24-47) Penalty, see § 91.99
§ 91.53  REGULATIONS FOR U.S. HIGHWAY 82.
	No such vehicle shall operate, park or be stored more than 300 feet north of U.S. Highway 82 within the corporate limits of the city.
(Ord. 11, passed 6-24-47) Penalty, see § 91.99
§ 91.54  REQUIRED DISTANCE FROM OTHER VEHICLES.
	No vehicle loaded with explosives or dangerous materials shall approach nearer than 300 feet in traveling through the city to any other vehicle containing such materials except when necessary to pass each other. 
(Ord. 11, passed 6-24-47) Penalty, see § 91.99
§ 91.55  PERMIT REQUIRED FOR STORAGE AND/OR PARKING OF EXPLOSIVE OR DANGEROUS LADEN VEHICLE.
	No person, firm, association or corporation shall transport any of the materials nor permit any vehicle containing such to stop, park or be stopped upon his or her premises or property without first obtaining from the Mayor of the city a permit for the storage and/or parking of an explosive or dangerous laden vehicle.
(Ord. 11, passed 6-24-47) Penalty, see § 91.99
§ 91.56  REQUIRED DISTANCE FROM SCHOOL GROUNDS OR CAMPUS.
	In no event shall any storage area, garage or parking lot be used for the storage, parking or maintenance of explosive or dangerous material laden vehicles which is less then 500 feet from the nearest public school grounds or campus.
(Ord. 11, passed 6-24-47) Penalty, see § 91.99
§ 91.57  TIME LIMIT FOR VEHICLE TO REMAIN IN CITY.
	No such explosive or dangerous material laden vehicle shall remain within the corporate limits of the city for more than two hours.
(Ord. 11, passed 6-24-47) Penalty, see § 91.99
§ 91.58  STOPS REGULATED.
	No such vehicle shall stop upon the streets of the city except to obey traffic regulations and when necessary to avoid collision or accident except as provided in this subchapter.
(Ord. 11, passed 6-24-47) Penalty, see § 91.99
KEY LOCK BOXES
§ 91.65  KEY LOCK BOX SECURITY SYSTEMS.
	(A)	Definition. For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
		LOCK BOX. A high security key vault system approved by the Fire Chief of the Hooks Fire Department for secure containment of access keys, material safety data sheets, and pertinent site information which may assist the Fire Department personnel in a fire or emergency response. 
	(B)	In the event of a new construction or change of occupancy of an existing commercial facility in the City of Hooks after the effective date of the ordinance from which this section is derived, the owner or occupant shall install on such structure a key lock box security system. Also, the owner or occupant of any noncommercial structure converted to commercial use in the city after the effective date of the ordinance from which this section is derived shall install on such structure a key lock box security system. The key lock box security system shall be of a type approved by the Fire Official and shall be installed in a location and in a manner approved by the Fire Official. Approval by the Fire Official of the type of key lock box installed and the location and manner of installation shall be obtained before and shall be a condition of the issuance of a final certificate of occupancy for the structure.
		(1)	Exception 1. 
			(a)	A building owner or occupant may choose to “opt out” of the key lock box security system requirement if all of the following conditions are met:
				1.	The primary occupancy classification of the building under the currently adopted building code is Group B (Business) or Group M (Mercantile) as determined by the Building Official.
				2.	The building is 5,000 square feet or less in size and is one story.
				3.	The building is not equipped with a fire sprinkler system.
				4.	The building is not equipped with a fire alarm system.
				5.	There are no unusual security features that, in the opinion of the Fire Official, would restrict the Fire Department’s ability to make forcible entry.
			(b)	If the owner or occupant of a building meeting all of these requirements chooses to “opt out” of the key lock box security requirement, the owner or occupant must provide the Fire Official with a letter of understanding from the insurer of the subject premises, directed to the Fire Official, acknowledging its understanding that the Fire Department is not authorized to obtain access to the premises during an emergency by way of a lock box key and that damages resulting from forced emergency entry may occur. In addition, the owner or occupant of the subject premises shall deliver to the Fire Official a statement that the owner or occupant chooses not to install a key lock box security system on the building. The statement shall include an agreement, in the form and substance authorized by the Fire Official, holding the city and the City Fire Department free, harmless and indemnified from any claim for damage resulting from forced emergency entry or delayed access.
		(2)	Exception 2.
			(a)	The requirement for a key lock box system may be waived by the Fire Official if both of the following conditions are met:
				1.	The primary occupancy classification of the building under the currently adopted building code is Group U (Utility and Miscellaneous) as determined by the Building Official.
				2.	The size of the building, use of the building, or other unusual circumstances renders the lock box ineffective for its intended purpose, as determined by the Fire Official.
			(b)	To accept a waiver of this requirement, the owner or occupant of the subject premises shall deliver to the Fire Official a statement that the owner or occupant chooses to accept the waiver of the requirement to install a key lock box security system on the building. The statement shall include an agreement, in the form and substance authorized by the Fire Official, holding the city and the city Fire Department free, harmless and indemnified from any claim for damage resulting from forced emergency entry or delayed access.
	(C)	The owner or occupant of any commercial structure existing on the effective date of the ordinance from which this section is derived may voluntarily participate in the key lock box security system. Upon notice to the Fire Official of the intent to participate in the key lock box security system, the participating owner or occupant of such structure shall install a key lock box of a type approved by the Fire Official in a location and in a manner approved by the Fire Official.
	(D)	The owner or occupant of a commercial structure to which the provisions of this section apply shall maintain in such key lock box at all times a key for each locked point of entry or exit, whether on the interior or exterior of the structure; for each locked mechanical room; for each locked elevator room; for each fire alarm or sprinkler system control room; and for any other areas as directed by the Fire Official. Each such key shall be labeled in a way that will enable the Fire Official to determine which lock it operates.
	(E)	The owner or occupant of any commercial structure to which this section applies shall immediately notify the Fire Official and provide a replacement key for the key lock box if, for any reason, the condition of a lock requires that its key be replaced.
(Ord. 20-02-24, passed 1-27-20)  Penalty, see § 91.99
§ 91.66  GATED PROPERTY ACCESS.
	(A)	The owner or occupant of any apartment complex, storage facility, residential community or other development having gated access that may impair Fire Department emergency access, as determined by the Fire Official, shall install a keyed access system of a type approved by the Fire Official.
	(B)	(1)	If the gate list is electrically operated, the gate activation mechanism shall be equipped with a key switch which:
			(a)	Is compatible with the Fire Department lock box system;
			(b)	Shall cause the gate to open fully and remain open for the fire apparatus access until the key switch is returned to the “off” position; and
			(c)	Will enable the Fire Department master key to be removed with the switch in the “on” position.
		(2)	If the gate is not electrically operated, it shall be secured in such a manner that Fire Department access is possible using the Fire Department lock box system.
	(C)	The owner or occupant of any such gated structure or property to which this section applies and which was constructed after the effective date of the ordinance from which this section is derived shall comply with its provisions prior to and as a condition of the issuance of a final certificate of occupancy for the structure. The owner or occupant of any such gated structure or property to which this section applies and which was existing at the time of the effective date of the ordinance from which this section is derived, shall have six months from the effective date of the ordinance from which this section is derived to comply with its provisions.
(Ord. 20-02-24, passed 1-27-20)  Penalty, see § 91.99
§ 91.99  PENALTY.
	(A)	 Any person, firm or corporation who violates any of the provisions of this chapter, for which no other penalty has been otherwise specified, shall be punished in accordance with the provisions of § 10.99 of this code.
	(B)	Any person, firm or corporation violating any of the terms and provisions of § 91.32 shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not to exceed $1,000. Each such violation shall be deemed a separate offense and shall be punishable as such hereunder.
(Ord. 08-06-02, passed 6-2-08)
CHAPTER 92: NUISANCES
Section
General Regulations
	92.01	Nuisance defined
	92.02	Duty to abate
	92.03	Liabilities for existence on rented premises
	92.04	Nuisances declared unlawful
	92.05	Removal of nuisances; notice to property owners and lien holders; lien to secure expenses of removal of nuisance
	92.06	Removal by city
	92.07	Charges for cleaning weed lots and substandard structures
	92.08	Abatement by court order
Specific Nuisances
	92.09	Noise nuisances
	92.10	Offensive odor nuisances
	92.11	Trash and rubbish nuisances
	92.12	Sight nuisances
GENERAL REGULATIONS
§ 92.01  NUISANCE DEFINED.
	Whatever is dangerous to human life or public health or whatever renders the ground, the water, the air or food a hazard or injury to human life or health or that is offensive to the senses or that is or threatens to become detrimental to the public health, including but not limited to, stagnant water, rubbish, abandoned vehicles, trailers, scrap wood, scrap metal, brush, weeds and other uncut vegetation and litter is declared to be a nuisance and prohibited and made unlawful.
(Ord. 91-02-18, passed 2-18-91) Penalty, see § 10.99
§ 92.02  DUTY TO ABATE.
	It shall be the duty of the owner, or his or her agent, or the occupant, or his or her agent, of any lot, building, premises or place of any kind within the city where any nuisance may exist to remove, abate or destroy the same without delay.
(Ord. 91-02-18, passed 2-18-91) Penalty, see § 10.99
§ 92.03  LIABILITIES FOR EXISTENCE ON RENTED PREMISES.
	Whenever a nuisance is found to exist on rented premises, the owner, his or her agent and the occupant may each be liable for its existence and, upon conviction, punished as provided in § 10.99.
(Ord. 91-02-18, passed 2-18-91) Penalty, see § 10.99
§ 92.04  NUISANCES DECLARED UNLAWFUL.
	It shall be unlawful for any person owning any real property inside the corporate limits of the city to allow stagnant water to stand on the property or any part thereof, to allow litter and rubbish of any description, including but not limited to, junked vehicles, abandoned vehicles, abandoned refrigerators and any other appliances, abandoned trailers, scrap wood and scrap metal, to remain on the property or any part thereof or to allow weeds, brush and other uncut vegetation that is not cultivated to grow to a height greater than 12 inches on an average or to grow in rank profusion upon any property, or to allow any other condition upon any property which is or could be a fire hazard. All of such conditions are herein deemed to be a nuisance per se.
(Ord. 91-02-18, passed 2-18-91; Am. Ord. 07-06-18A, passed 6-18-07; Am. Ord. 08-04-21B, passed 4-21-08)   Penalty, see § 10.99
§ 92.05  REMOVAL OF NUISANCES; NOTICE TO PROPERTY OWNERS AND LIEN HOLDERS; LINE TO SECURE EXPENSES OF REMOVAL OF NUISANCE.
	(A)	When any person complains to the Mayor, City Secretary, Fire Chief, Police Chief, or Health Officer, or upon discovery of such condition by the Police Chief regarding a condition embraced in § 92.04, an inspection will be made and a report made to the Mayor. The City Secretary will write a letter to the owner and lessee (if any) of the property, if the owner and lessee (if any) and his, her or their address is known. Notice shall also be given to any person or lending institution having a lien upon the property shown on the applicable real estate records in the office of the County Clerk. Service of notice under this section is complete when the notice is deposited in the United States mail, first class postage prepaid. If the owner, lienholder or lessee or his, her or their address is unknown, a notice shall be published in a newspaper of general circulation in the city on two insertions within ten consecutive days, by posting the notice on or near the front door of each building on the property to which the violation relates; or by posting the notice on a placard attached to a stake driven into the ground on the property to which the violation relates. The contents of such letter or notice shall be:
		(1)	Date of notice;
		(2)	Be directed to the owner and lessee, if known, and his or her address, if known, and if unknown, "to the owner and/or lessee of Lot ______, Block_______, ___________ Addition to the City of Hooks, Texas, and address of Lot _________Street, Hooks, Texas", or property description, so that the lot may be identified;
		(3)	Calling attention to the deficiency of the property;
		(4)	State minimum requirements to correct the same;
		(5)	Notifying the owner that, if the proper action is not taken within ten days from the date of the notice, the city will do the work or cause the same to be done, and charge such costs, together with cost of newspaper publication and lien notices to the owner, and have a lien on the property as provided by Tex. Health and Safety Code § 342.007 and this section; and
		(6)	That allowing the nuisance to exist and failing to correct the violation is a misdemeanor punishable by fine.
	(B)	If a municipality mails a notice to a property owner in accordance with division (A) and the United States Postal Service returns the notice as "refused" or "unclaimed," the validity of the notice is not affected, and the notice is considered delivered.
	(C)	In a notice provided under this section, a municipality may inform the owner by regular mail and a posting on the property, or by personally delivering the notice, that if the owner commits another violation of the same kind or nature that poses a danger to the public health and safety on or before the first anniversary of the date of the notice, the municipality without further notice may correct the violation at the owner's expense and assess the expense against the property. If a violation covered by a notice under this subsection occurs within the one-year period, and the municipality has not been informed in writing by the owner of an ownership change, then the municipality without notice may take any action permitted by Tex. Health and Safety Code § 342.006(a)(1) and (2) and assess its expenses as provided by Tex. Health and Safety Code § 342.007.
(Ord. 91-02-18, passed 2-18-91; Am. Ord. 13-01-28, passed 1-28-13) Penalty, see § 10.99
§ 92.06  REMOVAL BY CITY.
	(A)	If any owner notified as provided in § 92.05 fails or refuses to meet the requirement within ten days after the notice, the matter may be placed before the City Council, and, if the Council orders the work done or contracts for the same to be done, it may order a lien filed against the property for the cost of the work performed and the cost of publication and recording fees. To affix a lien against the property, the Mayor will execute an affidavit stating the action taken, dates and action of officials and the Council, setting forth the costs incurred by the city and describing the property as required in deeds of conveyance, including the statement: "The City of Hooks, Texas, claims a lien second only to taxes against the above described property for the herein described work performed." The costs of work and expenses shall bear 10% interest from the date of the expenditure until paid.
	(B)	The City Council may authorize the bringing of a suit to foreclosure the lien in the action taken to create the lien.
(Ord. 91-02-18, passed 2-18-91)
§ 92.07  CHARGES FOR CLEANING WEED LOTS AND SUBSTANDARD STRUCTURES.
	(A)	For any lot or lots, substandard structure or substandard structures upon which the city is required to clean or to do any work, charges for equipment used will be assessed at a rate to be determined from time to time by the City Council for the cost of administration and charges for the work performed.
	(B)	All charges for supervisory personnel and labor shall be paid the current hourly rate paid to supervisors and laborers doing the type work involved and shall include a charge for transportation.
(Ord. 91-02-18, passed 2-18-91; Am. Ord. 01-17-09, passed 9-17-01)
§ 92.08  ABATEMENT BY COURT ORDER.
	Any person who shall, within the corporate limits of the city, commit, cause, create, permit, keep or otherwise maintain a nuisance and fail to correct the same within ten days after the notice required by § 92.05 shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished as provided in § 92.99. Whenever it shall appear to the Court trying the cause that the nuisance continues at the time of conviction, the Court shall order and adjudge the removal, abatement or destruction of the nuisance, as the case may require, and shall issue a separate warrant therefor. The Court shall inquire into the probable costs of the removal, abatement or destruction and shall tax the costs thereof against the defendant as costs in the case.
(Ord. 91-02-18, passed 2-18-91) Penalty, see § 10.99
SPECIFIC NUISANCES
§ 92.09  NOISE NUISANCES.
	Any unreasonably loud, disturbing or unnecessary noise which causes material distress, discomfort or injury to persons of ordinary sensibilities in the immediate vicinity thereof, or any noise of such character, intensity and continued duration which substantially interferes with the comfortable enjoyment of private homes by persons of ordinary sensibilities, is prohibited after the effective date hereof, and is hereby declared to be a nuisance. The following acts, among others, are declared to come within the purview of this section and to be nuisances within the meaning hereof, but the enumerations shall not be deemed to be exclusive, such acts being as follows:
	(A)	The playing of any radio, phonograph, music systems or other musical instrument in such manner or with such volume as to annoy or disturb the quiet, comfort or repose of persons of ordinary sensibilities in any dwelling, hotel or other type of residence;
	(B)	The use of any stationary loudspeaker or amplifier to produce a noise or sound of such intensity that annoys or disturbs persons of ordinary sensibilities in the immediate vicinity thereof; provided, however, that nothing herein shall be construed to prohibit the infrequent use of a loudspeaker or amplifier for periods of short duration by a religious organization, school activities, or association in the playing of music where the intensity of same does not annoy or disturb such persons;
	(C)	The keeping of any animal or fowl which, by causing frequent or long continued noise, disturbs the comfort or repose of persons of ordinary sensibilities in the immediate vicinity thereof;
	(D)	The continued or frequent sounding of any horn or other signal device on any automobile or other vehicle except as a danger or warning signal, or the creation by means of any such signal device of any unreasonably loud or harsh noise for any unnecessary purpose or unreasonable period of time;
	(E)	The blowing of any steam whistle attached to any stationary boiler, except when giving notice of the time to commence or stop work, or as a warning of danger;
	(F)	The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, or motor vehicle or boat engine, except through an exhaust system in good working order and in constant operation to prevent excessive or unusual noise;
	(G)	The use of any automobile, motorcycle or other vehicle so out of repair, or loaded in such a manner or equipped in such a manner as to create loud and unnecessary noise;
	(H)	The use of any mechanical device operated by compressed air, unless the noise to be created thereby has been effectively muffled and reduced;
	(I)	The creation of any excessive or unreasonable noise on any street or premises adjacent to any school, place of religious worship, or other institution of learning while the same is in session, or any hospital, which unreasonably interferes with the operation or use of any such institution;
	(J)	The raucous shouting or crying of peddlers, hawkers or vendors which unreasonably disturbs the peace and quiet of any neighborhood;
	(K)	The use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention by the creation of noise to any performance, show or sale of merchandise; and 
	(L)	The use of any automobile, motorcycle or other motor vehicle, in such a manner to cause the tires of the automobile, motorcycle or other motor vehicle to turn or rotate so rapidly that by the motion thereof, there is produced therefrom an unnecessary noise, is prohibited.
	(M)	Maximum permitted sound levels in vehicles.
		(1)	No person operating or occupying a motor vehicle in a street, highway, alley, parking lot, or driveway, whether public or private property, shall operate or permit the operation of any sound amplification system from within the vehicle so that the sound is plainly audible at a distance of 30 or more feet from the vehicle.
		(2)	Definitions. For the purpose of this division, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
			SOUND AMPLIFICATION SYSTEM.  Any radio, tape player, compact disc player, loud speaker, or other electronic device used for the amplification of sound.
			PLAINLY AUDIBLE.  Any sound produced by a sound amplification system from within the vehicle, which clearly can be heard at a distance of 30 feet or more. Measurement standards shall be by the auditory senses, based on direct line of sight. Words or phrases need not be discernible and bass reverberations are included. It is an offense regardless of whether the motor vehicle is stopped, standing, parked, or moving on a street, highway, alley, parking lot, or driveway, on either public or private property.
		(3)	If is an affirmative defense to a charge under this division that the operator was not otherwise prohibited by law from operating the sound amplification system, and that any of the following apply:
			(a)	The system was being operated to request medical or vehicular assistance or to warn of a hazardous condition;
			(b)	The vehicle was an emergency or public safety vehicle;
			(c)	The vehicle was owned and operated by a public utility company, including the city; or
			(d)	The system or vehicle was used in an authorized public activity, such as a parade, fireworks, sporting event, musical production, or other activity which has the approval of the City Council or a department of the city authorized to grant such approval.
(Ord. 01-01, passed 7-16-01; Am .Ord. 08-04-21A, passed 4-21-08; Am. Ord. 18-05-21.3, passed 5-21-18)  Penalty, see § 10.99
§ 92.10  OFFENSIVE ODOR NUISANCES.
	(A)	Any unreasonable noxious, unpleasant, or strong odor, which causes material distress, discomfort, or injury to persons of ordinary sensibilities in the immediate vicinity thereof, is declared to be a nuisance, and is prohibited.
	(B)	Any odor, stench, or smell of such character, strength, and continued duration which substantially interferes with the comfortable enjoyment of private homes by persons of ordinary sensibilities is hereby declared to be a nuisance and is hereby prohibited.
	(C)	The following things are, among others, declared to be offensive odors and odor nuisances in violation of this section, but shall not be deemed to be exclusive.
		(1)	Horse, cow lots, and the like. Offensive odors from horse, cow, or hog lots or pens, chicken yards or enclosures, or other similar places where animals are kept, which has become offensive from use, or which shall disturb the comfort and repose of persons of ordinary sensibilities.
		(2)	Smoke. Offensive odors from smoke from the burning of rubbish, trash, rubber, chemical substances, or other things or substances.
		(3)	Stagnant pools. Offensive odors from stagnant pools allowed to remain on any premises, or from rotting garbage, refuse, offal, or dead animals, on any premises.
		(4)	Laundry discharge. The discharge of waste water from any laundry, dry cleaning, launderette, or similar establishment into the streets or storm sewers within the corporate limits, which discharge gives off an offensive, obnoxious, unpleasant, or strong odor.
		(5)	Cellars, yards, and the like. All cellars, vaults, drains, pools, sewers, yards, grounds, or premises which from any cause become foul, nauseous, offensive, injurious to health, or unpleasant to adjacent residents or to persons passing by.
		(6)	Chemicals. Offensive odors from the use or possession of chemicals, or from industrial processes or activities which shall disturb the comfort and repose of persons of ordinary sensibilities.
		(7)	Dead animals. The failure of the owner or possessor of any animal which shall die within the corporate limits of this city, or the failure of the owner or possessor of any premises upon which any animal may die within the corporate limits of this city to remove or have the carcass of the same removed within 24 hours after the death of the animal.
(Ord. 18-05-21.2, passed 5-21-18)
§ 92.11  TRASH AND RUBBISH NUISANCES.
	The following acts and things, among others, are hereby declared to be trash and rubbish nuisances in violation of this section, but shall not be deemed to be exclusive.
	(A)	Heaps of rubbish. The keeping of any and all stacks, heaps, or piles of old lumber, refuse, junk, old cars or machinery or parts thereof, garbage, rubbish, scrap material, ruins, or demolished or partly demolished structures or buildings, or piles of stones, bricks, or broken rock, on any premises visible from any public street within the corporate limits of this city, so as to produce an unsightly and ugly appearance, or which may harbor reptiles or rodents, or create fire hazard, or result in unsanitary conditions.
	(B)	Dumping of trash. The dumping, placing, or depositing of any trash, rubbish, garbage, tin cans, refuse, grass, weeds, scrap material, offal, dead animals, or junk, in or upon any street, alley, sidewalk, branch, creek, ditch, or gutter, or along or upon the sides thereof, in the corporate limits of this city.
(Ord. 18-05-21.2, passed 5-21-18)
§ 92.12  SIGHT NUISANCES.
	The following acts and things, among others, are hereby declared to be sight nuisances in violation of this section, but shall not be deemed exclusive.
	(A)	Posters, billboards, and the like. The printing, pasting, stitching, or placing of any advertisement, handbill, or placard of any printed, pictured, or written matter upon any house, wall, building or fence, or other property, private or public, without the permission of the owner or person in charge thereof.
	(B)	Sleeping in public places. Persons found asleep upon the sidewalks, streets, alleys, or in any public place or public thoroughfare within the corporate limits of this city, or upon the private property of another without the latter’s permission.
	(C)	Shrubbery and trees. The maintaining of shrubbery and trees at street intersections in such a manner that the view of intersections is obstructed, hindered, or obscured; or the maintaining of trees or shrubbery having overhanging limbs, or extending branches that obstruct, hinder, or obscure the vision of operators of motor vehicles or pedestrians either upon the streets, sidewalks, or alleys of this city.
(Ord. 18-05-21.2, passed 5-21-18)
CHAPTER 93: FOOD ESTABLISHMENTS
Section
	93.01	Title
	93.02	Definitions
	93.03	Permits, fees, appeals and the like
	93.04	Inspection of food establishments
	93.05	Sanitation requirements for food establishments
	93.06	Enforcement
§ 93.01  TITLE.
	This chapter shall hereafter be referred to as the "Food Sanitation Ordinance."
(Ord. 87-21-9, passed 9-21-87)
§ 93.02  DEFINITIONS.
	For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
	FOOD ESTABLISHMENTS.  Coffeeshop, cafeteria, short order, short order café, luncheonette, day care center, tavern, sandwich stand, soda fountain and all other eating or drinking establishments, as well as kitchens or other places in which food or drink is prepared for sale elsewhere, or a retail food outlet.
	FOOD HANDLER.  Any person in a food establishment who handles food or drink during preparation or serving, who comes in contact with any eating or cooking utensils or who is employed in a room in which food or drink is prepared or served.
	HEALTH DEPARTMENT.  The Texarkana-Bowie County Health Center.
	HEALTH OFFICIAL.  The authorized representative of the Texarkana-Bowie County Health Center.
	PLUMBING ORDINANCE.  The plumbing ordinance now in force in the city and all amendments thereto.
	TEMPORARY FOOD ESTABLISHMENT.  A food establishment operating for a temporary period in connection with a fair, carnival, circus, public exhibition or other similar gathering. Nonprofit fund raising events and related events and related establishments which are open for business for a period of time no longer than three days consecutively are exempt from this definition.
	UTENSILS.  Kitchenware, tableware, glassware, cutlery, utensils, containers or other equipment with which food or drink comes in contact during storage, preparation or serving.
(Ord. 87-21-9, passed 9-21-87)
§ 93.03  PERMITS, FEES, APPEALS AND THE LIKE.
	(A)	It shall be unlawful for any person to operate a food establishment in the city who does not possess an unrevoked permit issued by the Texarkana-Bowie County Health Center. The Health Official shall be and is authorized to issue permits to any person making application therefore, authorizing the operation of a food establishment in the city; provided, only a person who complies with the requirements of this chapter shall be entitled to receive and retain the permit. The permit may be revoked or suspended by the Health Official upon violation by the holder of any of the terms of this chapter. In the event the Health Official refuses a permit to an applicant or a permit is suspended or revoked by the Health Official as hereinafter provided, the applicant whose permit is refused, or the holder of a permit which has been revoked or suspended, after complying with the revocation, shall have the right of appeal to the City Council within five days by filing an appeal to the city with the City Council within five days from refusal to grant the permit or the revocation or suspension of the permit by the Health Official. Pending action on the appeal, a permit which has been suspended or revoked shall be considered suspended or revoked.
	(B)	The following application and permit fees shall be required under the terms of this chapter:
		(1)	Every person who may desire to operate a food establishment in the city shall make application to the Texarkana-Bowie County Health Center upon forms prescribed and furnished by the Texarkana-Bowie County Health Center for a permit. Upon filing of the application, the Health Official shall make or cause to be made an inspection of the premises and if the conduct of the business comes within the requirements of this chapter, the Health Official shall approve the application; whereupon, the applicant shall pay to the Texarkana-Bowie County Health Center the fee of an amount as established by the City Council from time to time if the application be made before the first day of July of any calendar year or the sum of an amount as established by the City Council from time to time if the application be made after the first day of July of any calendar year; and thereupon the application shall receive a permit in writing for the operation of the food establishment described in the application.
		(2)	Every such permit shall be nontransferable, shall permit the operation of a food establishment only at the location for which granted and shall expire at midnight on the thirty-first day of December of the calendar year in which the permit is issued. The permit shall be posted in a conspicuous place in the food service area of the food establishment at all times.
(Ord. 87-21-9, passed 9-21-87) Penalty, see § 10.99
§ 93.04  INSPECTION OF FOOD ESTABLISHMENTS.
	(A)	(1)	At least once every 12 months, the Health Official shall inspect every food establishment located within the city. Upon request of the Health Official, the person operating the food establishment shall permit access to all parts of the establishment under inspection and shall permit inspection and copying of all records of food purchased.
		(2)	The Health Official may take and examine samples of food, drink and other substances found on the premises for the detection of unwholesomeness and adulteration and may condemn and forbid the same of, and cause to be removed or destroyed, any food or drink which is unwholesome, adulterated or potentially hazardous food held at temperatures which allow the growth of dangerous organisms.
	(B)	(1)	In case the Health Official discovers a violation of any item of sanitation, he or she shall immediately notify the permit holder thereof and shall make a second inspection after the lapse of such time as the Health Official deems necessary for the defect to be remedied and shall use the second inspection in determining compliance with the requirements of this chapter or such second inspection shall be grounds for immediate suspension of the permit.
		(2)	Based upon the results of the inspection, the Health Official shall post a Certificate of Grade, stating "Approved" or "Unsatisfactory" upon a wall of the food service area inside the food establishment, and the inspection report shall be displayed in clear view to the public and shall not be defaced or removed except by the Health Official. He or she shall file one copy of the inspection report with the records of his or her office. The Unsatisfactory Certificate of Grade shall only be used in the event of prolonged or repeated violations after written warning or immediately for violations which involve an immediate threat of foodborn illness or food contamination; the posting should not occur on the same day as the inspection. A final verbal and written warning should be given that the Unsatisfactory Certificate of Grade will be posted on the following day if the establishment is not voluntarily closed until compliance is achieved or if compliance is not achieved and the establishment remains open. Authorization for placement of an Unsatisfactory Certificate of Grade must come from the Health Official, Texarkana-Bowie County Health Center.
	(C)	Any person whose permit has been suspended may at any time make application to the Health Official for reinstatement of the permit. The application shall contain a statement signed by the applicant to the effect that the violation of this chapter has been corrected. Within one week after the receipt of the application, the Health Official shall reinspect the applicant's food establishment to determine whether the applicant is again complying with the requirements of this chapter and shall reinstate the permit if the applicant is complying with this chapter.
(Ord. 87-21-9, passed 9-21-87)
§ 93.05  SANITATION REQUIREMENTS FOR FOOD ESTABLISHMENTS.
	Every food establishment shall comply with all of the following items of the sanitation:
	(A)	Floors.  The floors of all rooms in which food or drink is stored, prepared or served or in which are washed shall be of such construction as to be easily cleaned and shall be kept clean and in good repair.
	(B)	Walls and ceilings.  Walls and ceilings of all rooms shall be kept clean and in good repair. All walls and ceilings of rooms in which food or drink is stored or prepared shall be finished in light color if separate from room or rooms in which food or drink is served; all compartments or sections in which food or drink is prepared or stored shall be finished in light color if in the same room in which food or drink is served. The walls of all rooms in which food or drink is prepared or utensils are washed shall have a smooth, nonabsorbent, washable surface.
	(C)	Doors and windows.  All openings into the outer air shall be screened in such a manner as to prevent the entrance of flies into the food establishment unless other means which prevent the entrance of flies are provided.
	(D)	Lighting.  All rooms in which food or drink is stored or prepared or in which utensils are washed must have adequate lighting. Light fixtures in food preparation areas must have protective covers.
	(E)	Ventilation.  All rooms in which food or drink is stored, prepared or served or in which utensils are washed shall be well ventilated.
	(F)	Toilet facilities.  
		(1)	Every food establishment shall be provided with toilet facilities located on the premises for its employees. Toilet facilities shall conform with the plumbing ordinance of the city. Toilet rooms shall be kept in a clean condition and in good repair and shall be well lighted and have outside ventilation. The doors of all toilet rooms shall be self-closing. Signs directing employees to wash their hands before returning to work shall be posted in each toilet room used by the food handlers.
		(2)	All food establishments for which a new permit is requested at any time six months after the effective day of this chapter will be required to have separate toilet facilities for each sex, and the toilet rooms of the food establishments shall not open directly into any room in which food, drink or utensils are handled or stored.
	(G)	Water supply.  Hot running water under pressure shall be easily accessible to all rooms in which food is prepared or utensils are washed; the water supply shall be ample in quantity to insure proper cleaning of floors, equipment and utensils and shall be safe for human consumption and be from an approved source.
	(H)	Lavatory facilities.  Separate hand washing facilities, including hot and cold running water, soap and individual cloth or paper towels shall be provided in the food preparation area of every food establishment. The use of a common towel is prohibited. No food handler shall resume work after using the toilet room without first washing his or her hands. Sinks used for food preparation or for washing equipment or utensils shall not be used for hand washing.
	(I)	Construction of utensils and equipment.  All multi use utensils and all show and display cases or windows, counters, shelves, tables, refrigerating equipment, sinks and other equipment or utensils used in connection with the operation of a food establishment shall be so constructed as to be easily cleaned and shall be kept in good repair.
	(J)	Cleaning and bactericidal treatment of utensils and equipment.
		(1)	All equipment, including display cases or windows, counters, shelves, tables, refrigerators, stoves, hoods and sinks shall be kept clean and free from dust, dirt, insects and other contaminating substances. All clothes used by food handlers shall be cleaned daily. Single service containers and utensils shall be used only once.
		(2)	The provisions of Tex. Health and Safety Code §§ 431.001 et seq. and Texas Department of Health "Rules for Food Service Sanitation" passed before the enactment of this chapter are adopted as a portion of this chapter so far as applicable.
			(a)	Tableware shall be washed, rinsed and sanitized after each use.
			(b)	To prevent cross-contamination, kitchenware and food-contact surfaces of equipment shall be washed, rinsed and sanitized after each use and following any interruption of operations during which time contamination may have occurred.
			(c)	Where equipment and utensils are used for the preparation of potentially hazardous foods on a continuous or production-line basis, utensils and the food-contact surfaces of equipment shall be washed, rinsed and sanitized at intervals throughout the day on a schedule based on food temperature, type of food and amount of food particle accumulation.
			(d)	The food-contact surfaces of grills, griddles and similar cooking devices and the cavities and door seals of microwave ovens shall be cleaned at least once a day; except that this shall not apply to hot-oil cooking equipment and hot-oil filtering systems. The food-contact surfaces of all cooking equipment shall be kept free of encrusted grease deposits and other accumulated soil.
			(e)	A three-compartment sink shall be used if washing, rinsing and sanitizing of utensils and equipment is done manually; provided that existing establishments not having a three-compartment sink that can demonstrate an acceptable procedure for washing, rinsing and sanitizing utensils and equipment may be exempt from this requirement by the regulatory authority. Sinks shall be large enough to permit the complete immersion of the utensils and equipment, and each compartment sink shall be supplied with hot and cold potable running water. A two-compartment sink will be acceptable where only single-service tableware is used. Suitable equipment shall be made available if washing, rinsing and sanitizing cannot be accomplished by immersion.
			(f)	The food-contact surfaces of all equipment and utensils shall be sanitized by:
				1.	Immersion for at least one-half minute in clean, hot water at a temperature of at least 170°F (77°C);  
				2.	Immersion for at least one minute in a clean solution containing at least 50 parts per million of available chlorine as a hypochlorite and a temperature of at least 75°F (24°C); 
				3.	Immersion for at least one minute in a clean solution containing at least 12.5 parts per million of available iodine and having a pH not higher that 5.0 and at a temperature of at least 75°F (24°C);  
				4.	Immersion for at least one minute in a clean solution containing chlorine and bromine made up at a strength of 25 parts per million total available halogen at a temperature of not less than 75°F (24°C) and not to be used after its strength has been reduced below 12.5 parts per million; 
				5.	Immersion in a solution containing an approved quaternary ammonium compound (Q.A.C.) at a strength and for a period of time as stated on the product's officially approved label. Quaternary ammonium compounds refers to products approved and registered with the U.S. Environmental Protection Agency; 
				6.	Immersion in a solution containing acid sanitizer compounds at a strength and for a period of time as stated on the product's officially approved label. Acid sanitizer compounds refers to products approved and registered with the U.S. Environmental Protection Agency; 
				7.	Immersion in a clean solution containing any other chemical sanitizing agent approved by the Texas Board of Health that will provide the equivalent bactericidal effect of a solution containing at least 50 parts per million of available chlorine as a hypochlorite at a temperature of at least 75°F (24°C) for one minute; 
				8.	Treatment with steam free from harmful materials or additives in case of equipment too large to sanitize by immersion, but in which steam can be confined;
				9.	Rinsing, spraying or swabbing with a chemical sanitizing solution of at least twice the strength required for that particular sanitizing solution, in the case of equipment too large to sanitize by immersion. 
			   	10.	When hot water is used for sanitizing, the following facilities shall be provided and used: 
					a.	An integral heating device or fixture installed in, on or under the sanitizing compartment of the sink capable of maintaining the water at a temperature of at least 170°F (77°C); 
					b.	A numerically scaled indicating thermometer, accurate to plus or minus 3°F, convenient to the sink for frequent checks of water temperature; and 
					c.	Dish baskets of such size and design to permit complete immersion of the tableware, kitchenware and equipment in the hot water. 
				(11)	When chemicals are used for sanitization, a test kit or other device that accurately measures the parts-per-million concentration of the solution shall be provided and used. 
				(12)	Cleaning and sanitizing may be done by spray-type or immersion dishwashing machines or by any other type of machine or device if it is demonstrated that it throughly cleans and sanitizes equipment and utensils. These machines and devices shall be properly installed and maintained in good repair. Machines and devices shall be operated in accordance with manufacturers' instructions and utensils and equipment placed in the machine shall be exposed to all dishwashing cycles. Automatic detergent dispensers, wetting agent dispensers and liquid sanitizer injectors, if any, shall be properly installed and maintained.
			    	(13)	No other means of bactericidal treatment may be used unless approved by the Health Official. The Health Official is hereby authorized to issue rules approving the use of other equally effective bactericidal processes, but he or she shall approve only such processes as effectively destroy pathogen organisms and do not adversely affect the equipment or the food or drink or the health of the consumer.
		(3)	Every vat used for washing, rinsing and sterilizing of utensils and other food establishment equipment as required under state law shall be connected with the public sanitary sewer system, when available, in the manner prescribed by the plumbing ordinance of the city and shall be provided with hot running water under pressure.
		(4)	Whoever shall do any act or thing prohibited or neglect or refuse to do any act or thing required by this division (J) or in any way violate any provisions thereof shall be fined any amount not less than $5 nor more than $100.
	(K)	Storage and handling of utensils and equipment.  After bactericidal treatment, utensils shall be stored in a clean, dry place, protected from flies, dust and other contamination and shall be handled in such manner as to prevent contamination as far as practicable. Single-service utensils shall be purchased only in sanitary containers, shall be stored therein in a clean, dry place until used and shall be handled in a sanitary manner.
	(L)	Miscellaneous.  
		(1)	The premises of all food establishments shall be kept clean and free of litter or rubbish. In so far as practicable, dustless methods shall be employed in sweeping all floors.
		(2)	None of the operations connected with a food establishment shall be conducted in any room used as living or sleeping quarters or in any room opening directly into any such living or sleeping quarters. Lockers or dressing rooms on the premises shall be provided for employees' clothing and shall be kept clean. Soiled linens, coats and aprons shall be kept in containers provided for this purpose.
	(M)	Temporary food establishments.  The sanitation requirements set out in this section, subsections (A) to (M), both inclusive, shall be applicable to temporary food establishment food establishments. The City Health Official is authorized to make such inspections of establishments he or she may deem necessary for the protection of public health and to require such compliance with provisions of this chapter as will in his or her judgement safeguard the public health. No temporary food establishment food establishment shall be operated for a longer period than ten days in any calendar year, and any operation for a longer period than ten days shall subject such temporary food establishments to all the provisions requiring permits, permanent installations, prescribed equipment and specifications for floors, screens and all other improvements.
(Ord. 87-21-9, passed 9-21-87) Penalty, see § 10.99
§ 93.06  ENFORCEMENT.
	(A)	This chapter shall be enforced by the Health Official in accordance with the "Rules for Food Service Sanitation," Texas Department of Health.
	(B)	The Health Official shall have the authority to issue citations for permit violations and any other violations pertaining to the rules and regulations of this chapter.
(Ord. 87-21-9, passed 9-21-87)
CHAPTER 94: STREETS AND SIDEWALKS
Section
General Provisions
	94.01	Naming and designating the streets of the city
Street Improvement Standards
	94.15	Definitions
	94.16	Governing standard specification for materials and methods of construction
	94.17	Right-of-way
	94.18	Pavement widths and street section
	94.19	Standard cross-sectional shapes
	94.20	Minimum standards of structural design and construction
	94.21	Engineering requirements
	94.22	Acceptance of completed improvements
	94.23	Alternative surety provisions for construction of certain streets
GENERAL PROVISIONS
§ 94.01  NAMING AND DESIGNATING THE STREETS OF THE CITY.
	(A)	The streets, avenues and roadways of the city shall be and the same are hereinafter designated, identified and named as shown on the map or chart set out in the Appendix which is made a part hereof and is available for public inspection at the office of the City Clerk during regular city business hours.
	(B)	In future development and growth of the city, the streets extending in a general north-south direction shall be numerically named and shall be designated as either east or west, depending upon the location of the street with respect to Main Street. That streets lying in a general east-west direction shall be named or designated alphabetically, and other streets not fitting the pattern herein described shall be given such name as the City Council may designate.
	(C)	The City Council, at its convenience and as the situation may demand, may mark and otherwise identify the streets as herein named and designated by the placing of suitable markers as may be designated by the City Council.
	(D)	In instances where the names or designation of streets as provided for in this section shall conflict with the name or designation of a street or streets as heretofore existing within the city, the name as presently provided for in this section shall control, and all streets shall be so known or designated as herein provided for.
(Ord. passed 2-10-58)
STREET IMPROVEMENT STANDARDS
§ 94.15  DEFINITIONS.
	For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
	ARTERIAL STREET.  A street designed to facilitate rapid and heavy traffic movements and which primarily provides vehicular circulation to various sections of the city and which, as a secondary function, provides direct access to abutting property.
	COLLECTOR STREET.  A street used primarily for circulation within a neighborhood to carry traffic from minor streets to arterial streets or to carry traffic through, or adjacent to, commercial, industrial or high population density areas.
	CONSULTING ENGINEER.  A professional engineer or engineering firm authorized to practice in the state and engaged by the city or by any developer to design and supervise improvement projects.
	DEVELOPER.  Any private individual or group of individuals requesting or implementing public improvements.
	RESIDENTIAL STREET.  A street used primarily for access to abutting residential property.
(Ord. 93-01-18, passed 1-18-93)
§ 94.16  GOVERNING STANDARD SPECIFICATION FOR MATERIALS AND METHODS OF CONSTRUCTION.
	All applicable sections of that certain publication entitled “Standard Specifications for Road and Bridge Construction,” adopted in 1982 by the Texas Highway Department and including all applicable approved revisions thereof, a copy of which publication shall be on file in the office of the City Secretary, are adopted as the standard specifications for materials and methods of construction for streets within the city. All materials used in city street and alley construction shall conform to all respects to the applicable provisions of the publication.
(Ord. 93-01-18, passed 1-18-93) Penalty, see § 10.99
§ 94.17  RIGHT-OF-WAY.
	Prior to construction of any street improvement which is to be operated and maintained by the city, the following right-of-way widths shall have been dedicated to the public by duly recorded formal instrument:
	(A)	Arterial streets:  80-100 feet, or as established by the provisions of the Master Plan of the city and by the provisions of the Urban Transportation Study.
	(B)	Collector streets:  Not less than 60 feet.
	(C)	Urban section residential street:  Not less than 50 feet.
	(D)	Rural section residential street:  Not less than 60 feet.
	(E)	Residential or commercial alley:  Not less than 20 feet.
(Ord. 93-01-18, passed 1-18-93)
§ 94.18  PAVEMENT WIDTHS AND STREET SECTION.
	(A)	Urban section street.  In general all street improvements constructed within the city's jurisdiction shall be of urban cross section with curb and gutter and shall be designed and constructed to the following minimum widths measured back to back of curb:
		(1)	Arterial streets:  48 feet minimum width.
		(2)	Collector streets:  37 feet minimum width.
		(3)	Residential streets:  31 feet minimum width.
		(4)	Cross or circulation streets:  Residential streets not exceeding 400 feet in length between intersections nor serving more than four lots between intersections may be constructed to a minimum 28-foot width.
		(5)	Residential collector streets:  Urban streets designated as residential collector shall be constructed to a residential street width of 31 feet up to a point which is a minimum of 150 feet from the edge of the pavement of any arterial or collector street which it is intersecting. A transition from 31 feet in width to 37 feet in width will be accomplished in 50 feet of street length with the 37-foot width carried the remaining 100 feet to intersection.
	(B)	Rural section street.  
		(1)	Where all lots within a subdivision are platted having a land area of three-fourths acre (32,670 square feet) or more and having minimum frontage of 125 feet on any adjacent street, rural section streets will be allowed.
		(2)	In instances where there are lots platted within a subdivision having a land area of one-half acre (21,780 square feet) or more and having a minimum frontage of 100 feet on any adjacent street, the City Council may authorize and approve rural section street construction at the time of plat approval. In these instances, minimum widths shall be as follows:
			(a)	Arterial streets:  As determined necessary on an individual basis.
			(b)	Collector streets:  A total minimum crown width measured from outside edge of shoulder to outside edge of shoulder of 36 feet with a minimum pavement surfaced width of 24 feet.
			(c)	Residential streets:  A total minimum crown width measured from outside edge of shoulder to outside edge of shoulder of 30 feet with a minimum pavement surfaced width of 24 feet.
			(d)	Residential collector streets:  Rural streets designated residential collector shall be constructed to the rural residential width set forth in division (B)(2)(c) above up to a point which is a minimum of 150 feet from the edge of the pavement of any arterial or collector street which it is intersecting. A transition from total crown width is 30 feet with pavement surfaced width of 24 feet to a width of 24 feet shall be accomplished in 50 feet of street length with the 36-foot crown width and 24-foot pavement width carried the remaining 100 feet to intersection.
	(C)	Alley section.  Alley improvements may be constructed of such cross section as determined best for the particular location and as approved by the city's engineer. Minimum pavement surfaced widths shall be 12 feet edge to edge.
	(D)	Cul-de-sac.  The minimum outside pavement diameter of the cul-de-sac or closed end turn around shall be 100 feet whether urban or rural section. The minimum pavement width around the cul-de-sac shall be 31 feet back to back of curb for urban section improvements and 28 feet edge to edge of pavements for rural section improvement with any resultant center unpaved island construction with curb and gutter around its perimeter.
(Ord. 93-01-18, passed 1-18-93) Penalty, see § 10.99
§ 94.19  STANDARD CROSS-SECTIONAL SHAPES.
	(A)	Street crown.  All street section shall be constructed with a cross section that will provide minimum transverse slopes of 3% from center line to gutter line or center line to outside edge or shoulder or transition to a 3% slope from gutter line to gutter line for cross drainage purposes where required. 
	(B)	Monolithic concrete curb.  A concrete curb constructed monolithically with a concrete street slab shall be six inches height above gutter elevation, have a two inch top width, a three inch radius top to face, a three inch face at 30 degrees to vertical, thence a four inch radius face to gutter low point for a total curb width at gutter line of nine and one-half inches.
	(C)	Concrete curb and gutter section.  Concrete curb and gutter sections constructed independently shall be a minimum 24 inch width, minimum 12 inch height and the curb shape shall conform to that described above for monolithic curb.
	(D)	Parallel drainage, rural street section.  Where rural section street construction is allowed under this chapter or where existing rural section border streets abut a subdivision proposed for development, the street drainage within or abutting the subdivision shall be designed and constructed to meet the following minimum criteria:
		(1)	The street drainageway shall be shaped, graded and improved in such a manner that erosion will be controlled and side slopes will not exceed four to one front slope and three to one back slope to facilitate safety and maintenance.
		(2)	Street and drainage plans submitted shall include notes designating culvert pipe or culvert box size required for future access driveways along such street side drainageways to comply with design capacity calculations for the various section thereof. Minimum allowable pipe size shall be 15 inches  in diameter and culverts shall be located no closer than 26 feet to center line of the street.
		(3)	In instances where topography or other factors dictate that a street side drainageway has a vertical depth greater than three feet measured from top of front slope to flowline, the side slopes must be steeper than allowed above or erosion cannot be controlled otherwise. The drainageway shall be lined with concrete or other materials in a manner approved by the Mayor.
		(4)	All cross drainage structures under rural section streets shall be constructed with approved headwalls or sloped, concrete lined end sections.
(Ord. 93-01-18, passed 1-18-93; Ord. 15-06-15, passed 6-15-15)
§ 94.20  MINIMUM STANDARDS OF STRUCTURAL DESIGN AND CONSTRUCTION.
	(A)	Roadbed soils.
		(1)	Roadbed soils with a plasticity index (P.I.) of 25 or greater shall not be considered acceptable subgrade material. Such high P.I. material must be stabilized in an approved manner or replaced with an approved subbase material. The design engineer shall require soil tests at each apparent change of soil characteristic along the street length or at intervals not exceeding 500 feet or street length.
		(2)	In instances where roadbed soil is stabilized or replaced, appropriate laboratory test shall be performed in a like manner on the new stabilized material.
	(B)	Subgrade.  Acceptable roadbed soils or subbase materials shall be worked a minimum six inch depth and compacted to a minimum 95% standard procter density to be considered acceptable subgrade for further construction. Laboratory density tests shall be performed at adequate intervals to assure consistent density. The responsible design engineer shall determine appropriate test locations with a minimum of one test for each 500 feet of street length or part thereof.
	(C)	Rigid pavement design.
		(1)	Arterial streets.  Individual design based on projected and assigned traffic volumes by individual study.
		(2)	Collector streets.  Over the required subgrade or subbase the minimum thickness requirement for Portland Cement Concrete (PCC) pavement shall be six inches nonreinforced concrete and shall be designed to produce 600 p.s.i. flexural beam strength at seven days. The concrete pavement shall be properly placed and cured with doweled expansion and construction joints plus neat contraction dummy joints at approved spacings. All joints are to be sealed with approved material in an approved and timely manner. Any uncontrolled cracks occurring shall be saw cut or routed and properly sealed also.
	(D)	Flexural pavement design.
		(1)	Arterial street.  Individual design based on projected and assigned traffic volumes by individual study.
		(2)	Collector street.  
			(a)	Nonstabilized flexible base:  Over the required subgrade or subbase the minimum thickness requirement for a nonstabilized flexible base course shall be six inches. The base material shall have a plasticity index (P.I.) of not less than five nor more than 15. It shall meet gradation Grade 3 flexible base material under Item 259 of the adopted Standard Specifications. The nonstabilized flexible base material shall be shaped and compacted to a minimum 95% standard procter density and properly acceptable for further construction or surfacing. Laboratory density tests shall be performed at adequate intervals to assure consistent density. The appropriate test locations shall be a minimum of one test for each 500 feet of street length or part thereof.
			(b)	Hot mix asphaltic concrete (HMAC) flexible base:  Over the required subgrade or subbase an approved asphalt prime shall be applied then a minimum thickness of four inches of HMAC flexible base may be applied. The HMAC base shall meet gradation and all other requirements for Type "A" (coarse graded base course) or approved equal as listed under Item 340 of the adopted Standard Specification.
			(c)	Flexible surfacing:  The standard flexible surfacing for collector street shall be a minimum thickness of two inches of Hot Mix Asphaltic Concrete (HMAC) meeting the gradation and all other requirements for Type "D" (fine graded surface course) or approved equal as listed under Item 340 of the adopted Standard Specifications.
		(3)	Residential streets.  
			(a)	Nonstabilized flexible base:  The minimum standards set forth in section (D)(2)(a) shall apply to residential streets when surfaced with one and one-half inches Hot Mix Asphaltic Concrete (HMAC) as specified in subsection (c) below.
			(b)	Hot Mix Asphaltic Concrete (HMAC) flexible base:  The minimum standards set forth in Section (D)(2)(b) shall apply to residential streets when surfaced with one and one-half inches of HMAC as specified in subsection (c) below.
			(c)	Flexible surfacing:  The standard flexible surfacing for residential streets shall be minimum thickness of one and one-half inches of Hot Mix Asphaltic Concrete (HMAC) meeting the gradation and all other requirements for Type "D" (fine graded surface course) or approved equal as listed under Item 340 of the adopted Standard Specifications.
			(d)	Alternate flexural design standard-residential streets:  Should the designer wish to substitute a two or three course surface treatment in full conformance to Item 322 or Item 324 of the adopted Standard Specifications in lieu of the standard one and one-half inches HMAC as specified in the subsection (D)(3)(c) over a nonstabilized flexible base it will be allowed provided a minimum thickness of eight inches of nonstabilized base meeting all other requirements of subsection (D)(3)(a) is constructed and that all requirements of divisions (A) and (B) are complied with. The asphalt type, aggregate type and rates of application shall be subject to the approval of the city's engineer.
(Ord. 93-01-18, passed 1-18-93) Penalty, see § 10.99
§ 94.21  ENGINEERING REQUIREMENTS.
	(A)	Any street constructed within the jurisdiction of this chapter shall be designed by a qualified professional engineer duly registered to practice engineering in the state. His or her signed, sealed plans and specifications, design data and supporting test reports for such street construction shall be submitted to and approved by the city's designated engineer prior to start of any construction. Where the construction falls in the city's E.T.J., a complete set of design data shall be submitted to the appropriate County Commissioner for his or her review and comments prior to the start of any construction.
	(B)	As construction proceeds, the Design Engineer shall submit status reports to the City Engineer accompanied by appropriate certified test reports at completion of subbase or subgrade preparation, at completion of flexible base construction where applicable, during flexible surfacing or rigid pavement construction as appropriate. Upon completion of construction of any streets improved hereunder, the Design and Supervising Engineer responsible for the street shall submit one reproducible set of "as built" plans, signed, sealed and dated, together with his or her signed, sealed, dated statement that the work was performed under his or her supervision, he or she has inspected same and the construction does conform in all respects to the requirements and provisions of this section. Where construction occurred in the city's E.T.J., a complete set of "as built" data shall be submitted to the appropriate County Commissioner.
(Ord. 93-01-18, passed 1-18-93) Penalty, see § 10.99
§ 94.22  ACCEPTANCE OF COMPLETED IMPROVEMENTS.
	Upon completion of any street constructed under the jurisdiction of this chapter, the prime contractor responsible for the street construction or the developer of the property shall file with the city, on forms acceptable to the City Attorney, a contract guaranteeing the construction or replacement of any or all construction that is found faulty or inadequate in any respect during the 12 month period immediately following completion of construction, submission of "as built" data and a maintenance contract.
(Ord. 93-01-18, passed 1-18-93)
§ 94.23  ALTERNATIVE SURETY PROVISIONS FOR CONSTRUCTION OF CERTAIN STREETS.
	(A)	No building permit, electrical permit or plumbing permit shall be issued by the city for the construction or improvement of any property abutting or adjoining any street where permanent street improvements are constructed or reconstructed within the city under the provisions of this subchapter unless and until such street fully conforms in all respects with the provisions of this subchapter except as is provided in division (B) of this section.
	(B)	Building, electrical, plumbing and related development permits may be issued by the city for private development on platted lots abutting a street which has not been fully constructed to comply with division (A) of this section upon the providing of alternate surety in a manner as hereinafter set forth. Notwithstanding the issuance of development permits, final inspection and/or occupancy permits will be withheld until the street has been completed and does comply as required in division (A) of this section.
		(1)	In order to secure development permits prior to city acceptance of abutting streets, the subdivider or developer of the property shall post performance and payment bonds or an irrevocable letter of credit with the city, in favor of the city and in a form acceptable to the City Attorney, in an amount not less than 100% of the estimated cost of constructing such abutting street or streets.
		(2)	Performance and payment bonds shall be from an approved surety company licensed to do business in the state and shall be so constructed as to guarantee the completion of specified street improvements to comply with the requirements of this subchapter within the 12 month period immediately following date of issuance or the surety company will cause satisfactory completion within the following 12 months period.
		(3)	The irrevocable letter or credit shall be from a national bank, state bank or savings and loan association located in the state and shall be so constructed as to guarantee the completion of specified street improvements to comply with the requirements of this subchapter within the 12 month period immediately following the date of issuance or the city shall have the right to require the institution issuing the letter of credit to immediately pay into an escrow account in the name of the city an amount equal to the cost of completing the specified street improvements as estimated by the city up to the original total value stated in such letter of credit.
		(4)	The responsible design engineer employed by the developer shall develop an estimate of cost for the specified street improvements to be covered by the above required bonds or letter of credit and shall submit a signed, sealed copy of the estimate together with the plans and specifications for the improvements for approval by the City Engineer prior to submittal of bonds or letter of credit by developer.
(Ord. 93-01-18, passed 1-18-93)
CHAPTER 95: ANIMALS
Section
General Provisions
	95.01	Definitions
	95.02	Exemptions
Regulations
	95.15	License fees; tags; kennel operation
	95.16	Kennels
	95.17	Confinement of dogs on premises of owner
	95.18	Confinement other than on premises of owner
	95.19	Running at large
	95.20	Barking and howling
	95.21	Abandonment; condition of pen and premises
	95.22	Restraint; criminal penalty
	95.23	Requirements for owner of dangerous dog or dangerous animal
	95.24	Determination that dog or animal is dangerous
	95.25	Hearing
	95.26	Registration
	95.27	Attack by dangerous dog
	95.28	Destruction of dog or dangerous animal
	95.29	Violations
	95.30	Defense
Administration and Enforcement
	95.35	Animal Control Department
	95.36	Impounding of dogs; destroying of dogs; release of animals
	95.37	Reclaiming animals; fees
	95.38	Rabies control
	95.39	Notice of offenses and violations; arrest; duty and power of Animal Control Department
GENERAL PROVISIONS
§ 95.01  DEFINITIONS.
	For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
	ANIMAL.  A non-human, animate being which is endowed with the power of voluntary motion.
	ANIMAL CONTROL AUTHORITY.   A municipal or county animal control office with authority over the area in which the dog is kept or the municipal police department of the county sheriff's office in an area that does not have an animal control office.
	AT LARGE.  Any dog not confined as required in this chapter.
	CAT.  A member of the feline family normally considered to be the domesticated type.
	COLLECTOR.  The City Revenue Collector, or his or her duly authorized agent.
	DANGEROUS ANIMAL.   An animal that:
		(1)	Makes an unprovoked attack on a person that causes bodily injury and occurs in a place other than an enclosure in which the animal was being kept and that was reasonably certain to prevent the animal from leaving the enclosure on its own; or
		(2)	Commits unprovoked acts in a place other than an enclosure in which the animal was being kept and that was reasonably certain to prevent the animal from leaving the enclosure on its own and those acts cause a person to reasonably believe that the animal will attack and cause bodily injury to that person; or
		(3)	Commits unprovoked attacks in a place other than an enclosure in which the animal is being kept and that was reasonably certain to prevent the animal from leaving the enclosure on its own and those acts result in an injury, damage to, or death of another animal.
	DANGEROUS DOG.   A dog that:
		(1)	Makes an unprovoked attack on a person that causes bodily injury and occurs in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own; or
		(2)	Commits unprovoked acts in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own and those acts cause a person to reasonably believe that the dog will attack and cause bodily injury to that person; or
		(3)	Commits unprovoked attacks in a place other than an enclosure in which the dog is being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own and those acts result in an injury, damage to, or death of another dog or animal.
	DOGS.  Animals of all ages, both female and male, which are members of the canine or dog family.
	ENCLOSURE.   A fenced area or structure that is:
		(1)	Locked;
		(2)	Capable of preventing the entry of the general public, including children;
		(3)	Capable of preventing the escape or release of a dog;
		(4)	In conformance with the requirements for an enclosure established by the local animal control authority.
	EPIZOOTIC.   The occurrence in a given geographic area of population of cases of a disease clearly in excess of the expected frequency.
	EXPOSED TO RABIES.   An animal which has been bitten by or been exposed to any animal known to have been infected with rabies.
	HEALTH OFFICER.  The Police Chief, or his or her duly authorized agent.
	KENNEL.  Any person owning, keeping or harboring more than five adult dogs or cats for the business of breeding such animals for the sale of their offspring shall be considered as owning a kennel requiring registration with the city as herein provided.
	LICENSED VETERINARIAN.   A veterinarian licensed to practice veterinary medicine in one or more of the 50 states.
	LIVESTOCK.   Animals in the equine, bovine, caprine, avian, ovine, or porcine families.
	MUZZLE.  When required by this chapter shall mean a device of appropriate material with sufficient strength to restrain the dog from biting. No such muzzle shall be made from any material or maintained on the dog in such a manner so as to cut or injure the dog.
	OWNER.  Every person owning, keeping or harboring a dog within the city.
	QUARANTINE.   Strict confinement of any animal specified in an order of the local rabies control authority or its designee:
		(1)	On the private premises of the animal's owner or at a facility approved by the local rabies control authority or its designee; and
		(2)	Under restraint by closed cage or paddock or in any other manner approved by local rabies control authority rule.
	PERSON.   An individual, group or groups of individuals, corporations or other entities.
	RABIES.  An acute viral disease of man and animal affecting the central nervous system and usually transmitted by an animal bite.
	SECURE ENCLOSURE.  A fenced area or structure that is:
		(1)	Locked;
		(2)	Capable of preventing the entry of the general public, including children;
		(3)	Capable of preventing the escape or release of a dog;
		(4)	Clearly marked as containing a dangerous dog; and
		(5)	In conformance with the requirements for an enclosure established by the local Animal Control Authority.
	SERIOUS BODILY INJURY.   An injury characterized by severe bite wounds or severe ripping and tearing of muscle that would cause a reasonably prudent person to seek treatment from a medical professional and would require hospitalization without regard to whether the person actually sought medical treatment.
	SPAYED FEMALE.  Any female animal which has been operated upon to prevent conception.
	STRAY.  Roaming with no physical restraint beyond the premises of an animal's owner or keeper.
	VACCINATION.  An injection of any vaccine for rabies approved by the state veterinarian and administered by a licensed veterinarian or agent of the health officer.
	WILD ANIMALS.  Animals which are not normally recognized as domesticated animals of any species.
(Ord. 20-9-82, passed 9-20-82; Am. Ord. 07-03-19, passed 3-19-07)
§ 95.02  EXEMPTIONS.
	(A)	Hospitals, clinics and other premises operated by licensed veterinarians for the care and treatment of animals are exempt from the provisions of this chapter, except where otherwise expressly provided.
	(B)	The licensing requirements of this chapter shall not apply to any dog belonging to a nonresident of the city and kept within the city for not longer than 30 days, provided all such dogs shall at all times while in the city be kept within a building or enclosure or vehicle or be confined by the owner as herein provided.
(Ord. 20-9-82, passed 9-20-82; Am. Ord. 07-03-19, passed 3-19-07)
REGULATIONS
§ 95.15  LICENSE FEES; TAGS; KENNEL OPERATION.
	(A)	It shall be unlawful for any person, to own, keep or harbor a dog or cat within the city without having first paid to the city, at City Hall, an initial license fee of an amount as established by the City Council from time to time for each dog or cat. The license fee required by this section shall be due and payable as soon as the dog or cat attains three months of age and the dog or cat receives a rabies vaccination as required herein.
	(B)	Upon payment of the license fee required by this section, it shall be the duty of the city to furnish the owner of the dog with a metal tag of distinctive design, on one side of which shall be stamped the words "City of Hooks" and the serial number of the dog or cat. Every dog or cat covered by this chapter must have and wear a collar of such type that the city license tag may be firmly attached to the collar. Such tag, when issued, shall at all times be securely attached to the dog's or cat's collar or harness, and failure to keep the tag on the dog's or cat's collar shall be unlawful.
	(C)	The license as referred to in this section shall be effective for the year after its issuance and must be renewed in each subsequent year in the same month it was originally issued. The fee for each annual renewal license shall be paid to the City Secretary. Failure to renew a license in any year subsequent to its initial issuance shall cause the license to lapse. The fee for the issuance of a license as required by this division after the lapse of a previously issued license shall be the same as that of an annual license. The fees and fee schedule shall be prescribed by the City Council and shall be made available at City Hall.
	(D)	This license shall be nontransferable and must be returned to the Animal Control Department or City Secretary upon the death of the dog.
	(E)	Every person, group of persons or corporation engaged in the commercial business of buying, selling, breeding or boarding and who own, harbor or keep five or more dogs in maintaining a kennel as defined in § 95.01 shall pay an annual fee to the collector in an amount as established by the City Council.
	(F)	The owner may obtain a duplicate tag, if the tag is lost, by payment of an amount as established by the City Council.
(Ord. 20-9-82, passed 9-20-82; Am. Ord. 07-03-19, passed 3-19-07)   Penalty, see § 10.99
§ 95.16  KENNELS.
	Any person who operates a kennel, as defined in § 95.01, shall not only pay those fees that are required but in addition shall maintain such animals in an enclosure as defined in § 95.01 hereof.
(Ord. 20-9-82, passed 9-20-82; Am. Ord. 07-03-19, passed 3-19-07)   Penalty, see § 10.99
§ 95.17  CONFINEMENT OF DOG ON PREMISES OF OWNER.
	(A)	Any person owning, possessing or keeping a dog or dogs, whether vaccinated or unvaccinated, licensed or unlicensed, shall confine such animal within an enclosure or within a house, garage or other building on the premises of the owner.
	(B)	The confining of such animal by attaching one end of a chain, rope or similar device to a collar or other device attached to the animal and attaching the other end of the chain, rope or similar device to a fixed stationary object is strictly prohibited.
	(C)	If any person is found to be in violation of this section, either by the entering a plea of guilty or no contest or by final adjudication of any court, said person shall be ordered to fully comply with this section within five days of the disposition of the matter. If, after five days, the person fails to confine the animal or animals in violation of this chapter, the Animal Control Officer, or any law enforcement officer, of the city, upon the finding of probable cause by the Municipal Judge, shall be authorized to seize and detain said animal or animals. Such officer shall attempt to notify the person of the seizure and detention by reasonable methods and the person shall be summoned to court, within 14 days from the date of seizure of the animal or animals, to determine at a hearing, the disposition of the animal or animals and/or to face further penalties, fines, restrictions or the like.
(Ord. 20-9-82, passed 9-20-82; Am. Ord. 07-03-19, passed 3-19-07)   Penalty, see § 10.99
§ 95.18  CONFINEMENT OTHER THAN ON PREMISES OF OWNER. 
	At all times when not confined as stated in § 95.17, the owner of any animal shall confine such animal within an automobile or by having one end of a rope or leash held by some person competent to control such animal.
(Ord. 20-9-82, passed 9-20-82; Am. Ord. 07-03-19, passed 3-19-07)   Penalty, see § 10.99
§ 95.19  RUNNING AT LARGE.
	No person owning, possessing or keeping an animal shall allow the same to run at large within the city.
(Ord. 20-9-82, passed 9-20-82; Am. Ord. 07-03-19, passed 3-19-07)   Penalty, see § 10.99
§ 95.20  BARKING AND HOWLING.
	It shall hereafter be unlawful for any person, firm or corporation to keep on his premises or under his control any dog which by loud and frequent barking and howling shall disturb the peace and quiet of any person who may reside within reasonable proximity of the place where the dog is kept.
(Ord. 20-9-82, passed 9-20-82; Am. Ord. 07-03-19, passed 3-19-07)   Penalty, see § 10.99
§ 95.21  ABANDONMENT; CONDITION OF PEN AND PREMISES.
	(A)	It shall be unlawful for any person to abandon any animal within the corporate limits of the city. Any person within the city desiring to in any way abandon an unwanted animal may take the animal to the Animal Control Department and upon payment of the required fee to the Animal Control Department or its assignee, and upon relinquishment of ownership, full and complete authority is given the Animal Control Department to make such disposition of the animal as the Animal Control Department may deem satisfactory.
	(B)	It shall be unlawful for any person to board, own, harbor or keep more than a total of either three adult dogs or cats within the city limits except for the operation of a kennel. An adult dog or cat is defined as being three months of age or older.
	(C)	It shall be unlawful for any person keeping or harboring dogs or other animals to fail to keep the premises where such dogs or other animals are kept free from offensive odors and contagious disease to the extent that the odors or contagious diseases are disturbing or a health threat to any person residing within reasonable proximity of the premises.
	(D)	It shall be unlawful to allow premises where such dogs or other animals are kept to become unclean and a threat to the public health by failing to diligently and systematically remove all animal waste from the premises.
	(E)	No animal or fowl of any kind shall be kept confined in any place where water, shelter, ventilation and food are not sufficient and wholesome for the preservation of their health, safe condition and wholesomeness.
	(F)	It shall be illegal for any person to keep or maintain within the limits of this city any swine, goats, sheep or poultry under conditions which are unsanitary, odorous or which constitute a nuisance, either public or private. 
	(G)	No animals in the equine, bovine, ratite, procine, or ovine families shall be kept or maintained within the limits of this city in concentration of more than one head per acre.
(Ord. 20-9-82, passed 9-20-82; Am. Ord. 07-03-19, passed 3-19-07)   Penalty, see § 10.99
§ 95.22  RESTRAINT; CRIMINAL PENALTY.
	(A)	A person commits an offense if:
		(1)	The person fails or refuses to restrain an animal owned by the person; and
		(2)	The animal is required to be restrained under these said ordinances.
	(B)	An offense under this section is a Class C misdemeanor. Each day that a violation is permitted to exist shall constitute a separate offense.
(Ord. 07-03-19, passed 3-19-07)   Penalty, see § 10.99
§ 95.23  REQUIREMENTS FOR OWNER OF DANGEROUS DOG OR DANGEROUS ANIMAL.
	(A)	Not later than the thirtieth day after a person learns that the person is the owner of a dangerous dog, the person shall:
		(1)	Register the dangerous dog with the Animal Control Authority for the area in which the dog is kept;
		(2)	Restrain the dangerous dog at all times on a leash in the immediate control of a person or in a secure enclosure; and
		(3)	Obtain liability insurance coverage or show financial responsibility in an amount of at least $100,000 to cover damages resulting from an attack by the dangerous dog or dangerous animal causing bodily injury to a person and provide proof of the required liability insurance coverage or financial responsibility to the Animal Control Authority for the area in which the dog or animal is kept;
	(B)	The owner of a dangerous dog or dangerous animal who does not comply with division (A) above shall deliver the dog or animal to the Animal Control Authority not later than the thirtieth day after the owner learns that the dog or animals a dangerous dog or animal.
	(C)	If, on application of any person or upon a finding by the Municipal Court, after notice and hearing as provided by § 95.25, that the owner of a dangerous dog or dangerous animal has failed to comply with divisions (A) and (B) above, the court shall order the Animal Control Authority to seize the dog and shall issue a warrant authorizing the seizure. The Authority shall seize the dog or order it seizure and shall provide for the impoundment of the dog in secure and humane conditions.
	(D)	The owner shall pay any cost or fee assessed by the municipality related to the seizure, acceptance, impoundment, or destruction of the dog or animal. The fees shall be prescribed by the City Council and shall be made available at City Hall.
	(E)	The Court shall order the Animal Control Authority to humanely destroy the dog or animal if the owner has not complied with division (A) above before the eleventh day after the date on which the dog or animal is seized or delivered to the Authority. The Court shall order the authority to return the dog or animal to the owner if the owner complies with division (A) above before the eleventh day after the date on which the dog or animal is seized or delivered to the Authority.
	(F)	The Court may order the humane destruction of a dog or animal if the owner of the dog or animal has not been located before the fifteenth day after the seizure and impoundment of the dog or animal.
	(G)	For purposes of this section, a person learns that the person is the owner of a dangerous dog 
		(1)	The owner knows of an attack described in § 95.01;
		(2)	The owner receives notice that the Municipal Court, has found that the dog or animal is a dangerous dog or dangerous animal at the hearing hereinafter provided; or
		(3)	The owner is informed by the Animal Control Authority that the dog is a dangerous dog  or animal is a dangerous animal as described in § 95.24.
(Ord. 07-03-19, passed 3-19-07)   Penalty, see § 10.99
§ 95.24  DETERMINATION THAT DOG OR ANIMAL IS DANGEROUS.
	(A)	If a person reports an incident described by § 95.01 in the definitions of DANGEROUS ANIMAL or DANGEROUS DOG, the Animal Control Authority may investigate the incident.  If, after receiving the sworn statements of any witnesses, the Animal Control Authority determines the dog or animal is a dangerous dog or dangerous animal, it shall notify the owner of that fact.
	(B)	An owner, not later than the fifteenth day after the date the owner is notified that a dog or animal owned by the owner is a dangerous dog or dangerous animal, may appeal the determination of the Animal Control Authority to the Municipal Court. An owner may appeal the decision of the Municipal Court in the same manner as appeal for other cases from the Municipal Court.
(Ord. 07-03-19, passed 3-19-07)  
§ 95.25  HEARING.
	(A)	The Court, on receiving a report of an incident under § 95.23 or an application under § 95.23 shall set a time for a hearing to determine whether the dog or animal is a dangerous dog or dangerous animal or whether the owner of the dog or animal has complied with § 95.23. The hearing must be held not later than the tenth day after the date on which the dog is seized or delivered.
	(B)	The Court shall give written notice of the time and place of the hearing to:
		(1)	The owner of the dog or animal or the person from whom the dog or animal was
seized; and
		(2)	The person who made the complaint.
	(C)	Any interested party, including the city attorney, is entitled to present evidence at the hearing.
	(D)	An owner or person filing the action may appeal the decision of the Municipal Court in the manner provided for the appeal of cases from the Municipal Court.
(Ord. 07-03-19, passed 3-19-07)  
§ 95.26  REGISTRATION.
	(A)	An Animal Control Authority for the area in which the dog is kept shall annually register a dangerous dog if the owner:
		(1)	Presents proof of:
			(a)	Liability insurance or financial responsibility, as required by § 95.23;
			(b)	Current rabies vaccination of the dangerous dog or dangerous animal; and
			(c)	The secure enclosure in which the dangerous dog or dangerous animal will be kept; and
		(2)	Pays an annual registration fee of $50.
	(B)	The Animal Control Authority shall provide to the owner registering a dangerous dog or dangerous animal a registration tag. The owner must place the tag on the dog's or animal's collar.
	(C)	If an owner of a registered dangerous dog or dangerous animal sells or moves the dog or animal to a new address, the owner, not later than the fourteenth day after the date of the sale or move, shall notify the Animal Control Authority for the area in which the new address is located. On presentation by the current owner of the dangerous dog's or dangerous animal's prior registration tag and payment of a fee of $25, the Animal Control Authority shall issue a new registration tag to be placed on the dangerous dog's or dangerous animal's collar.
	(D) An owner of a registered dangerous dog or dangerous animal shall notify the office in which the dangerous dog or dangerous animal was registered of any attacks the dangerous dog or dangerous animal makes on people.
(Ord. 07-03-19, passed 3-19-07)  
§ 95.27  ATTACK BY DANGEROUS DOG.
	(A)	A person commits an offense if the person is the owner of a dangerous dog or dangerous animal and the dog or animal makes an unprovoked attack on another person outside the dog's or animal's enclosure and causes bodily injury to the other person.
	(B)	An offense under this section is a Class C misdemeanor, unless the attack causes serious bodily injury or death, in which event the offense is a Class A misdemeanor.
	(C)	If a person is found guilty of an offense under this section, the court may order the dangerous dog or dangerous animal destroyed by a person listed in § 95.28.
	(D)	In addition to criminal prosecution, a person who commits an offense under this section is liable for a civil penalty not to exceed $10,000. An attorney having civil jurisdiction in the county or an attorney for a municipality where the offense occurred may file suit in a court of competent jurisdiction to collect the penalty. Penalties collected under this subsection shall be retained by the municipality.
(Ord. 07-03-19, passed 3-19-07)  
§ 95.28  DESTRUCTION OF DOG OR DANGEROUS ANIMAL.
	The destruction of a dog or animal under this chapter must be performed by:
	(A)	A licensed veterinarian;
	(B)	Personnel of a recognized animal shelter or humane society who are trained in the humane destruction of animals; or
	(C)	Personnel of a governmental agency responsible for animal control who are trained in the humane destruction of animals.
(Ord. 07-03-19, passed 3-19-07)  
§ 95.29  VIOLATIONS.
	(A)	A person who owns or keeps custody or control of a dangerous dog or dangerous animal commits an offense if the person fails to comply with § 95.23.
	(B)	Except as provided by division (C) below, an offense under this section is a Class C misdemeanor.
	(C)	An offense under this section is a Class B misdemeanor if it is shown on the trial of the offense that the defendant has previously been convicted under this section.
(Ord. 07-03-19, passed 3-19-07)  
§ 95.30  DEFENSE.
	(A)	It is a defense to prosecution under § 95.27 or § 95.29 that the person is a veterinarian, a peace officer, a person employed by a recognized animal shelter, or a person employed by the state or a political subdivision of the state to deal with stray animals and has temporary ownership, custody, or control of the dog or animal in connection with that position.
	(B)	It is a defense to prosecution under § 95.27 or § 95.29 that the person is an employee of the institutional division of the Texas Department of Criminal Justice or a law enforcement agency and trains or uses dogs or animals for law enforcement or corrections purposes.
	(C)	It is a defense to prosecution under § 95.27 or § 95.29 that the person is a dog trainer or an employee of a guard dog company under Tex. Occupations Code Ch. 1702.
(Ord. 07-03-19, passed 3-19-07)  
 ADMINISTRATION AND ENFORCEMENT
§ 95.35  ANIMAL CONTROL DEPARTMENT.
	(A)	The primary responsibility for the enforcement of this chapter shall rest with the Animal Control Department and its designated employees, the Police Department and the Health Officer of the city.
	(B)	The Animal Control Department shall be authorized and empowered to adopt and promulgate such rules and regulations as may be necessary and proper to effectuate this chapter.
	(C)	Persons appointed to or otherwise serving on the Animal Control Department at the time of the adoption of this chapter shall constitute the initial membership thereof, and their terms shall be for two years from date of appointment.
	(D)	The City Council may enter into contracts or agreements with public or private entities to carry out the activities required or authorized under this chapter.
(Ord. 20-9-82, passed 9-20-82; Am. Ord. 07-03-19, passed 3-19-07)
§ 95.36  IMPOUNDING OF DOGS; DESTROYING OF DOGS; RELEASE OF ANIMALS.
	(A)	The Animal Control Department shall take into custody any animal found at large in the city and shall impound the animal in the animal control unit as designated by the Animal Control Department or such other places as the Animal Control Officer may designate for the purpose of impoundment. Such impounded animal shall be held for a period of three days at the end of which time the animal shall be made available for adoption or other disposition as authorized.
	(B)	During the three-day impoundment period, the Animal Control Department shall make diligent effort to determine the owner of such animal and notify the owner of such impoundment. If the owner of such animal fails or refuses to claim and repossess such animal by the payment of the proper fee as
prescribed herein within such impoundment period, then the City Animal Control Department may deliver custody and possession of such animal to any person other than the owner upon the payment of the fee as prescribed in § 95.37 between the third day of such impoundment and the fifth day of such impoundment. Such owner shall be deemed to have relinquished all right, claims and ownership of such animal.
	(C)	(1)	The Animal Control Department may, in its discretion, transfer title of all animals held at its animal control unit to the Animal Shelter after the impoundment period has expired and the animal has not been claimed by its owner or otherwise adopted. 
			(a)	In the event of such transfer of title, the Animal Shelter shall pay for each animal’s food until it shall be removed from the Animal Shelter; or
			(b)	Provide for the humane euthanasia of the animal after the impoundment period has expired and the animal has not been claimed by its owner or otherwise adopted; or
			(c)	Transfer title of all animals to a third party who may humanely euthanize said animal after the expiration of the impoundment period and the animal has not been claimed by its owner or otherwise adopted.
		(2)	The Animal Control Department shall be authorized to enter into any contract with any third party or maintain its own procedure for the humane euthanasia and the crematory disposal of the animal.
	(D)	When animals are found running at large and their ownership is known to the agents of the Animal Control Department, such animals need not be impounded but the agent may, in its discretion, cite the owners of the dogs to appear in Court to answer to charges of violation of this chapter.
	(E)	Animals other than dogs and cats shall be impounded when found running at large within the city limits and disposed of in accordance with this chapter and other applicable law.
	(F)	Immediately upon impounding other animals, the agents of the Animal Control Department shall make every possible effort to notify the owners of the animals so impounded and inform them of the conditions under which they may gain custody of such animals.
	(G)	No unspayed female dog which has been impounded by reason of its running at large shall be allowed to be adopted from the Animal Shelter unless the prospective owner agrees to have such female spayed.
	(H)	Every female which has been impounded by reason of its running at large shall not be allowed to be adopted from the Animal Shelter unless the prospective owner agrees to have such female spayed.
	(I)	No wild animal may be kept within the city limits, except under such conditions as shall be fixed by the city; provided, however, that wild animals may be kept for exhibition purposes by circuses, zoos and educational institutions in accordance with such regulations as shall be established by the city.
	(J)	Any person who operates a kennel, as defined in § 95.01, shall not only pay those fees that are required but in addition shall maintain such animals in an enclosure as defined in § 95.01 hereof.
(Ord. 20-9-82, passed 9-20-82; Am. Ord. 07-03-19, passed 3-19-07; Am. Ord. 11-12-19, passed 12-19-11)
§ 95.37  RECLAIMING ANIMALS; FEES.
	(A)	Any person owning, possessing or keeping an animal which has been allowed to run at large and which has been impounded may claim and retrieve the animal from the payment of the fees herein set forth and proof that the dog or cat has been vaccinated within the year next preceding the impounding and is currently licensed as required by § 95.15. The burden of proof as to vaccination and licensing shall be upon the party attempting to claim the dog or cat from the Animal Control Authority under this chapter. Any person claiming unvaccinated dog or cat and an unlicensed dog shall, after payment of the fee assessed herein and prior to release of the dog or cat shall sign a promise in writing such person will immediately have the dog or cat vaccinated and dog licensed if the animal is released to him or her.
	(B)	Any dog, cat or other animal impounded for being a public nuisance may not be redeemed unless the redemption is authorized by a court having jurisdiction.
	(C)	When, in the judgment of the Animal Control Department or its agents, any animal should be destroyed for humane reasons, the animal may not be redeemed.
	(D)	A person who fails to reclaim an animal which has come into the possession of the Animal Control Authority as described herein shall be deemed to be guilty of failure to reclaim such animal within three days of receipt of actual notice that the Animal Control Authority has in its possession such animal. Such violation shall be considered a Class C misdemeanor.
	(E)	Any animal impounded hereunder may be claimed by the owner upon payment of fee, to the Animal Control Authority in an amount to be determined by City Council for each dog, cat, or any other animal.
	(F)	Any animal unwanted or unclaimed by its owner may be adopted by payment of a fee as prescribed by the following fee schedule:
		(1)	Dogs: An amount as established by the City Council from time to time;
		(2)	Cats: An amount as established by the City Council from time to time;
		(3)	Large animals such as cows and horses may be adopted on bid.
	(G)	Registration; criminal penalty.
		(1)	A person commits an offense if:
			(a)	The person fails or refuses to register or present for registration a dog or cat owned by the person; and
			(b)	The animal is required to be registered under these ordinances.
		(2)	An offense under this section is a Class C misdemeanor. Each day that a violation is permitted to exist shall constitute a separate offense.
(Ord. 20-9-82, passed 9-20-82; Am. Ord. 07-03-19, passed 3-19-07)
§ 95.38  RABIES CONTROL.
	(A)	Every animal which bites a person shall be promptly reported to the Animal Control Authority. The report must include the name and address of the victim and of the animal's owner, if known; and any other information that may help in locating the victim or animal. Upon receipt of such report the Animal Control Authority shall thereupon be securely quarantined at the direction of the Animal Control Department for a period of ten days and shall not be released from the quarantine except by written permission of the Animal Control Authority. In the discretion of the Animal Control Authority, such quarantine may be on the premises of the owner, at the shelter designated as the City Animal Shelter or, at the owner's option and expense, in a veterinary hospital of his choice. In the case of stray animals or of animals whose ownership is not known, such quarantine shall be at the shelter designated as the City Animal Shelter.
	(B)	The owner, upon demand by the Animal Control Authority, shall forthwith surrender any animal which has bitten a human or which is suspected of having been exposed to rabies, of supervised quarantine at the owner's expense. The animal may be reclaimed by the owner if adjudged free of rabies upon payment of fees and compliance set forth in division (D) below and upon compliance with licensing provisions set forth in § 95.15.
	(C)	If a veterinarian determines that a quarantined animal does not show the clinical signs of rabies, the veterinarian or local rabies control authority shall release the animal to its owner when the quarantine period ends if:
		(1)	The owner has an unexpired rabies vaccination certificate for the animal; or
		(2)	The animal is vaccinated against rabies by a licensed veterinarian at the owner's expense.
	(D)	If a veterinarian determines that a quarantined animal shows the clinical signs of rabies, the veterinarian or local rabies control authority shall humanely destroy the animal. If the animal dies or is destroyed while in quarantine, the veterinarian or local rabies control authority shall remove the head or brain of the animal and submit it to the nearest department laboratory for testing.
	(E)	The owner of the animal that is quarantined under this chapter shall pay to the veterinarian or local rabies control authority the reasonable costs of the quarantine and disposition of the animal. The veterinarian or local rabies control authority may bring suit to collect those costs. The city in which the veterinarian is located may reimburse the veterinarian in a reasonable amount set by the city for the costs of the quarantine and disposition of the animal whose owner is unable to pay.
	(F)	When one or both reports give a positive diagnosis of rabies, the Animal Control Authority, and upon the invoking of such quarantines, no animal shall be taken into the streets, permitted to be in the streets or be taken or shipped from the city without written permission of the Animal Control Authority during the period of quarantine.
	(G)	The quarantine remains in affect until the 181st day after the date on which the last case of rabies is diagnosed in a dog, cat, or other animal species that caused the local rabies control authority to declare quarantine unless the local rabies control authority removes the quarantine before that date.
	(H)	No person shall kill, or caused to be killed, any rabid animal, any animal suspected of having been exposed to rabies or any such animal that has bitten a human, except as herein provided. No such animal shall be removed from the city limits without written permission from the Animal Control Department.
	(I)	A person commits an offense if the person fails or refuses to quarantine or present for quarantine or testing an animal that is required to be placed in quarantine or presented for testing under division (B) above.
	(J)	It shall be the duty of every licensed veterinarian to report to the Animal Control Department his diagnosis of any animal observed by him as a rabies suspect.
	(K)	Every person who owns, keeps, harbors or has control over any dog or cat in the city over the age of three months in the city before obtaining a license for such dog as required by § 95.15 shall have the dog and any cat vaccinated with an anti-rabies vaccine. All such dogs and cats shall be vaccinated against rabies annually.
	(L)	All veterinarians who are licensed to practice in this county shall be appointed registrars of the city and shall register each dog or cat that receives a rabies vaccination if the dog or cat is to be kept within the city.
	(M)	The provisions of this section shall in no way be construed to limit the City Health Officer from establishing clinics for the purpose of vaccinating dogs and cats, and to charge for vaccine in an amount not to exceed that allowed under the state statutes or regulations.
	(N)	The City Council shall designate an officer to act as the local health authority for purposes of this chapter.
	(O)	The officer designated as the local health authority may be the municipal health officer, animal control officers, peace officer, or any entity that the City Council considers appropriate whether employed in a public or private sector.
	(P)	While the quarantine is in affect, the rules adopted by the local rabies control authority supersede all other applicable ordinances or rules applying to the quarantine area and apply until the local rabies control authority removes the quarantine by declaration or until the rules expire or are revoked by the local rabies control authority.
	(Q)	A person commits an offense if the person fails or refuses to have each dog or cat owned by the person vaccinated against rabies and the animal is required to be vaccinated under ordinances or rules adopted under this chapter; Tex. Health and Safety Code § 826.021.
(Ord. 20-9-82, passed 9-20-82; Am. Ord. 07-03-19, passed 3-19-07)   Penalty, see § 10.99
§ 95.39  NOTICE OF OFFENSES AND VIOLATIONS; ARREST, DUTY AND POWER OF ANIMAL CONTROL DEPARTMENT.
	(A)	The Police Department, Health Officer and Animal Control Department, or persons employed by such departments, are authorized, for violation of any portion of this chapter to give to the offender a notice to appear in the Municipal Court of the city. Such notice to appear shall state the name and address of the violator and the date of the violation, shall also contain a statement of the nature of the violation and be signed by the person having knowledge of the violation who is also one of the officers or employees mentioned above.
	(B)	For the purpose of discharging the duties imposed by this chapter and to enforce its provisions, any agent of the Animal Control Department or any police officer is empowered to enter upon any premises upon which a dog is kept or harbored and to demand the exhibition by the owner of the dog the license for the dog. Any agent of the Animal Control Department may enter the premises where any animal is kept in a reportedly cruel or inhumane manner and demand to examine the animal and to take possession of the animal when, in the opinion of the agent, it requires humane treatment.
	(C)	No person shall interfere with any animal control employee by use of force, trickery or deceit or threaten use of force or otherwise intimidate or attempt to intimidate or otherwise frustrate or thwart the work of any animal control worker who may be carrying out or attempting to carry out his normal and reasonable duties under this chapter.
	(D)	It shall be the duty of the Animal Control Department to keep or cause to be kept: 
		(1)	Accurate and detailed records of the licensing, impoundment and disposition of all animals coming into its custody; 
		(2)	Accurate and detailed records of all bite cases reported to it and its investigation of same;  and 
		(3)	Accurate and detailed records of all monies belonging to the city which shall be open to inspection at reasonable times by the persons responsible for similar records of the city and which shall be audited by the city annually in the same manner as other city records are audited.
(Ord. 20-9-82, passed 9-20-82; Am. Ord. 07-03-19, passed 3-19-07)
CHAPTER 96: PARKS
Section
	96.01	Preventing drilling and/or mining activities
§ 96.01  PREVENTING DRILLING AND/OR MINING ACTIVITIES.
	The city does not and will not allow drilling and/or mining activities within its corporate limits. It does so under the authority extended by state law. This restriction specifically applies to public property and more specifically to the facilities that constitute the existing park system. Hooks Park and proposed facilities will be protected from such activity under the authority of all pertinent codes and ordinances.
(Ord. 02-07-94, passed 2-7-94)
CHAPTER 97:  GARAGE, YARD AND ESTATE SALES
Section
	97.01	Regulations
§ 97.01  REGULATIONS.
	(A)	Garage, yard or estate sales and other similar types of activities for the purpose of offering clothing, household, furniture, appliances and other personal property belonging to the residents may be conducted as a home occupation only in private residences; provided, however, that no such sale may be held on any lot or premises more often than four times in each calendar year and each such sale may not exceed three days in duration.  
	(B)	A permit must be obtained from the city for the conduct of any garage, yard, or estate sale and must be publicly displayed on the premises of the sale at all times during the sale.  Failure to obtain or properly display such permit shall be a violation of this section subject to penalty as provided in this section.
(Ord. 12-13-1999, passed 12-13-99)  Penalty, see § 10.99
CHAPTER 98:  SMOKING AND TOBACCO USE
Section
	98.01	Definitions
	98.02	Application of chapter to city-owned facilities
	98.03	Reasonable distance
	98.04	Declaration of establishment as nonsmoking
	98.05	Posting signs
	98.06	Enforcement
	98.07	Other applicable laws
	98.08	Liberal construction

	98.99	Penalty
§ 98.01  DEFINITIONS.
	For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
	BUSINESS.  A sole proprietorship, partnership, joint venture, corporation, or other business entity formed for profit-making purposes, including retail establishment where goods or services are sold as well as professional corporations and other entities where legal, medical, dental, engineering, architectural, or other professional services are delivered.
	CITY OWNED BUILDINGS.  Those buildings, facilities and public parks that are operated, leased, owned, or managed in part or in whole by the city.
	EMPLOYEE.  A person who is employed by an employer in consideration for direct or indirect monetary wages or profit and a person who volunteers his or her services for a non-profit entity.
	EMPLOYER.  A person, business, partnership, and association, corporation, including municipal corporation, trust, or non-profit entity that employs the services of one or more individual persons.
	ENCLOSED AREA.  All space between a floor and ceiling that is enclosed on all sides by a solid wall or windows (exclusive of doorways), which extend from the floor to the ceiling.
	NON-PUBLIC AREA.  The area of a public place in which the public is not generally permitted access by express or implied invitation and/or in which the public is expressly prohibited from entering or occupying.
	PLACE OF EMPLOYMENT.  An area under the control of a public or private employer that employees normally frequent during the course of employment, including, but not limited to work areas, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, hallways, and vehicles. A private residence is not a PLACE OF EMPLOYMENT unless it is used as a child care, adult day care, or health care facility.
	PUBLIC AREA.  The area of a public place in which the public is generally permitted to enter or occupy by express or implied invitation of the owner/operator.
	SMOKING.  Inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, pipe, weed, plant, or other combustible substance in any manner or in any form.
	USE OF TOBACCO PRODUCTS.  Dipping snuff, sniffing snuff, chewing tobacco, smoking and any other use of tobacco products.
(Ord. 08-01-28, passed 1-28-08)
§ 98.02  APPLICATION OF CHAPTER TO CITY-OWNED FACILITIES.
	Smoking and use of tobacco products is prohibited in the following places.
	(A)	In all buildings owned or leased that are operated by the City and is considered a public area.
	(B)	At public parks except the use of tobacco shall be permitted in areas designated for the parking of motor vehicles.
(Ord. 08-01-28, passed 1-28-08)  Penalty, see § 98.99
§ 98.03  REASONABLE DISTANCE.
	Smoking and use of tobacco products is prohibited within a reasonable distance of 20 feet outside an enclosed area where smoking and tobacco use is prohibited so as to insure that tobacco smoke does not enter the area through entrances, windows, ventilation systems, or other means.
(Ord. 08-01-28, passed 1-28-08)  Penalty, see § 98.99
§ 98.04  DECLARATION OF ESTABLISHMENT AS NONSMOKING.
	Notwithstanding any other provisions of this chapter an owner, operator, manager, or other person in control of a business, place of employment, public area, establishment, facility, or outdoor area may declare that the entire place of employment, public area, establishment, facility, or outdoor area as a tobacco free area. Smoking and the use of tobacco shall be prohibited in any area in which a sign conforming to the requirements of § 98.05 is posted.
(Ord. 08-01-28, passed 1-28-08)
§ 98.05  POSTING SIGNS.
	(A)	“No Smoking” signs, the international “NO SMOKING” symbol, “No Tobacco Use” or “Tobacco Free Area” shall be clearly and conspicuously posted in every public place and place of employment where smoking or the use of tobacco is prohibited by the owner, operator, manager or other person in control of that place. The lettering of the sign will be not less than one inch in height.
(Ord. 08-01-28, passed 1-28-08)
§ 98.06  ENFORCEMENT.
	(A)	The Police Department of the city shall be responsible for compliance with the provisions of this chapter. The Police Department and/or Fire Department may, while an establishment is undergoing inspections, inspect for compliance with the provisions of this chapter.
	(B)	The owner, operator, person in charge or manager of any facility, business or agency within the purview of this chapter shall comply with the provisions of this chapter.
	(C)	Notwithstanding any other provision of this chapter, an employee or private citizen may bring legal action to enforce this chapter, provided, however, that the exclusive remedy for private enforcement is by injunctive relief.
	(D)	The Police Department may enforce this chapter by issuing a Municipal Court citation.
	(E)	The remedies contained herein are cumulative of and in addition to any other remedies that are available to Hooks, Texas, at law or in equity.
	(F)	In undertaking the enforcement of this chapter, Hooks, Texas, is assuming an undertaking only to promote the general health, safety and welfare of its’ citizens. Hooks, Texas, is not assuming any duty or obligation, nor is it imposing any duty and/or obligation on its’ officer and/or employees, nor is it liable in money damage or otherwise to any person who claims that:
		(1)	Hooks, Texas, and/or one of its officers and/or employees breached any such obligation; and
		(2)	The breach proximately caused injury. 
(Ord. 08-01-28, passed 1-28-08)
§ 98.07  OTHER APPLICABLE LAWS.
	This chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws.
(Ord. 08-01-28, passed 1-28-08)
§ 98.08  LIBERAL CONSTRUCTION.
	This chapter shall be liberally construed so as to further its purposes.
(Ord. 08-01-28, passed 1-28-08)
§ 98.99  PENALTY.
	A person who smokes or uses tobacco products in an area where smoking is prohibited by the provisions of this chapter shall be guilty of an infraction, punishable by a fine not exceeding $200.  Each day of any such violation shall be deemed a separate offense.
(Ord. 08-01-28, passed 1-28-08)