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OR 97-783 Adopts March 1997 Supplement to 1996 edition of Code of Ordinances ORDINANCE NO. 97783 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ADOPTING THE MARCH, 1997 SUPPLEMENT TO THE 1996 EDITION OF THE CODE OF ORDINANCES; pROVIDING FOR THE PRINTING THEREOF, AUTHENTICATION BY THE MAYOR AND ATTESTATION BY THE CITY SECRETARY; PROVIDING EXCEPTIONS TO REPEAL; PROVIDING PENALTIES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Coppell, Texas, adopted a new Code of Ordinances for the City of Coppell by Ordinance No. 96-759 on June 25, 1996; and WHEREAS, said Code of Ordinances included Ordinances No. 1 tkrough 96-759; and WHEREAS, the City Council has enacted additional ordinances amending the Code of Ordinances through and including Ordinance No. 97784 on January 28, 1997; and WHEREAS, it is necessary to supplement the Code of Ordinances to include those amendments within the body of the Code as provided by Ordinance No. 96-759; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the March, 1997 Supplement to the 1996 Edition of the Code of Ordinances of the City of Coppell, heretofore enacted by Ordinance No. 96-759 be, and the same is hereby, adopted and shall hereafter constitute a Supplement to the Code of Ordinances. SECTION2. That copies of the March, 1997 Supplement, duly authenticated and approved by attachment to a certified copy of this Ordinance, under facsimile signature of the Mayor and attested by the City Secretary, shall be printed and distributed to all holders of the Code of Ordinances in accordance with the current list kept for that purpose by the City Secretary. 6571 SECTION 3. That said Code as supplemented shall be admitted in evidence without further proof, and the City Secretary shall record this Supplement adopted as amendments to said Code in the ordinance records of the City, and thereafter such Code, as amended and supplemented, shall serve as a record of the ordinances so codified, and it shall not be necessary in establishing the content of any particular ordinance so codified to go beyond said record. SECTION 4. That all provisions of such Code, as amended and supplemented hereby, shall be in full fbrce and effect from and after the date of this ordinance, and all ordinances of a general and permanent nature of the City of Coppell, enacted on final passage on or before January 28, 1997, and not included in such code or recognized and in force by reference therein, are hereby repealed from and after January 28, 1997, except as hereinafter provided. No resolution of the City Council not specifically mentioned herein is hereby repealed. SECTION 5. That the repeal provided for in Section 4 above shall not affect the following: A. Any offense or act committed or done or any penalty of forfeiture incurred or any contract or right established or accruing before the effective date of such Supplement; B. Any ordinance promising or guaranteeing the payment of money for the City, or authorizing the issuance of any bond of the City or any evidence of the City's indebtedness; C. Any contract or obligation assumed by the City; D. Any fight or franchise granted by the City; 6571 E. Any ordinance dedicating, naming, establishing, locating, relocating, opening, paving, widening, or vacating any street or public way in the City, including any ordinance adopting a master thoroughfare plan; F. Any ordinances relating to municipal street maintenance agreements with the State of Texas or any other political subdivision; G. Any ordinance establishing or prescribing grades for streets in the City; H. Any appropriation ordinance or ordinance providing for the levy of taxes or for an annual budget; I. Any ordinance relating to local improvements and assessments therefor; J. Any ordinance annexing territory to the City or discontinuing tenitory as a part of the City; K. Any ordinance dedicating or accepting any plat or subdivision in the City; L. Any ordinance prescribing the rates to be charged by public utilities or public service corporations; M. Any ordinance amending the Zoning Map, Comprehensive Zoning Ordinance, or rezoning specific property; N. Any ordinance enacted after January 28, 1997. SECTION 6. It is the intention of the City Council to make this Supplement and the amendments incorporated within it part of the Code of Ordinances when printed or reprinted in page form, distributed to and incorporated within the original Code of Ordinance books distributed by the City Secretary. A copy of such Code as supplemented hereby shall be available for all persons desiring to examine the same in the office of the City Secretary during regular business 6571 hours. Ordinances passed subsequent to the enactment of this Supplement shall be added to the body of the Code of Ordinances and incorporated within it by reference so that reference to the Code of Ordinances of the City of Coppell shall be understood and intended to include such additions and amendments. SECTION 7. Whenever in the Code of Ordinances an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or ~vhenever in such Code the doing of any act is required or the failure to do any act is declared to be unlawful, the violation of such provision of the Code by any person, firm or corporation shall be deemed to be a misdemeanor and, upon conviction in the Municipal Court of the City of Coppell, such person, firm or corporation shall be punished by a penalty of fine not to exceed the sam of Five Hundred Dollars ($500.00) for each offense, except where a different penalty has been established by state law for such offense, including traffic offenses, in which case the penalty shall be that fixed by state law, and for any offense ~vhich is a violation of any provision that govems fire safety, zoning, public health and sanitation or dumping refuse as that term is defined by Chapter 365 of the Texas Health and Safety Code, as amended, known as the Texas Litter Abatement Act, the penalty shall be a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each oft~nse, and each and every day such offense is continued shall constitute a new and separate offense. SECTION 8. This ordinance shall take effect immediately after its passage as the law and charter in such cases provide. 6571 DULY PASSED by the City Council of the City of Coppell, Texas, this the ,~5~r'~l day of '~(-~j~,,-c-ta "t~ , 1997. APPROVED: ATTEST: KATHLEEN ROACH, CITY SECRETARY APPROVED AS TO FORM: TER G. SMITH,~EY (PGS/sb 2-10-97) 6571 CERTIFICATE STATE OF TEXAS § COUNTY OF DALLAS § This March, 1997 Supplement to the Code of Ordinances of the City of Coppell, adopted and enacted on the ,~'). f-P~) dayof/% ~r~t r'~7~ , 1997, as"March, 1997 Supplement to the 1996 Code of Ordinances, City of Coppell, Texas," by ordinance of the City Council, and effective the same date, is hereby duly authenticated and approved. IN WITNESS WHEREOF, I have hereunto subscribed my name as Mayor of the City of Coppell, attested by the City Secretary, with the seal of the City affixed hereto, this ~ (7~lt day of e , , 1997. City of CoppelI, Texas ATTEST: Kathleen Roach, City Secretary City of Coppell, Texas 6571 CODE OF ORDINANCES OF CITY OF COPPELL, TEXAS 1982 The Revised Code of Civil and Criminal Ordinances of The City of Coppell, Texas ENACTED AS A WHOLE FEBRUARY 23, 1982 EFFECTIVE APRIL I, 1982 Ordained and Published by the City Council of the City of Coppell 1996 Edition March, 1997 Supplement PREFACE This Code, as originally published in 1982, consisted of one loose-leaf volume and constituted the first codification of the general ordinances of the City of Coppell. The 1988 Edition expanded the original volume by adding ordinances passed through January 31, 1988. Supplements to the 1988 Edition ~vere published and issued periodically. The 1993 Edition included amending ordinances adopted through September 28, 1993, and added a new Chapter 18. Supplement No. 1 to the 1993 Edition was published and issued February 14, 1994, and Supplement No. 2 was published and issued August 3, 1994. At publication the 1996 Edition of the Code contained ordinances passed or eft~ctive through May 28, 1996, which included ordinances through Ordinance No. 96-759. Supplements will be issued periodically so that copies of the code may be kept up to date. The code, as amended, and all ordinances amending the code will be maintained on a word processing system in the City Attorney's Office . Supplements will be prepared from this system and distributed through the office of the City Secretary. This edition has been updated by the March, 1997 Supplement, containing Ordinances passed or effective through January 28, 1997. Subject Matter Chapter 2, Page CHAPTER 2 - BOARDS AND COMMISSIONS ...............................................................................1 ARTICLE 2-1 LIBRARY BOARD .........................................................................................1 Sec. 2-1-1 CREATION ......................................................................................... Sec. 2-1-2 TERM; VACANCIES ..........................................................................1 Sec. 2-1-3 OFFICERS ...........................................................................................1 Sec. 2-1-4 MEETINGS .........................................................................................2 Sec. 2-1-5 POWERS AND DUTIES .....................................................................2 Sec. 2-1-6 (RESERVED) ......................................................................................3 ARTICLE 2-2 PARKS AND RECREATION BOARD ......................................................... 4 Sec. 2-2-1 CREAT1ON .........................................................................................4 Sec. 2-2-2 TERM; VACANCIES ..........................................................................4 Sec. 2-2-3 OFFICERS ...........................................................................................4 Sec. 2-2-4 MEETINGS .........................................................................................5 Sec. 2-2-5 POWERS AND DUTIES .....................................................................5 Sec. 2-2-6 (RESERVED) ......................................................................................6 ARTICLE 2-3 KEEP COPPELL BEAUTIFUL COMMITTEE .......................................... 7 Sec. 2-3-1 CREATION .........................................................................................7 Sec. 2-3-2 MEMBERSHIP ....................................................................................7 Sec. 2-3-3 TERMS ................................................................................................7 Sec. 2-3-4 RULES .................................................................................................7 Sec. 2-3-5 DUTIES ...............................................................................................8 Sec. 2-3-6 SUBCOMMITTEES ............................................................................8 Sec. 2-3-7 COORDINATOR, EQUIPMENT AND OPERATING FUNDS ...............................................................9 ARTICLE 2-4 PLANNING AND ZONING COMMISSION ............................................. 10 Sec. 2-4-1 CREATION .......................................................................................10 Sec. 2-4-2 APPOINTMENT ...............................................................................10 Sec. 2-4-3 OFFICERS .........................................................................................10 Sec. 2-4-4 MEETINGS .......................................................................................I 1 Sec. 2-4-5 PRIMARY POWERS AND DUTIES OF THE PLANNING AND ZONING COMMISSION ..................................................................11 Sec. 2-4-6 CITY COUNCIL OVERRULING OF A PLANNING AND ZONING COMMISSION DENIAL RECOMMENDATION ........................... 12 COPPELL CITY CODE, 1996 EDITION T.4BLE OF CONTENT2 PIdGE 7 MARCH, 1997 5UPPLEblENT Subject Matter Chapter 2, Page ARTICLE 2-5 COPPELL 2000 CITIZENS COMMITTEE .................................. 13 Sec. 2-5-1 CREATION ...............................................................................13 Sec. 2-5-2 MEMBERSHIP .........................................................................13 Sec. 2-5-3 APPLICATIONS ......................................................................13 ARTICLE 2-6 BUILDING AND STANDARDS COMMISSION .......................... 14 Sec. 2-6-1 IMPLEMENTATION OF STATE STATUTE ......................... 14 Sec. 2-6-2 CREATION OF BUILDING AND STANDARDS COMMISSION ................................................ 14 Sec. 2-6-3 JURISDICTION AND AUTHORITY ...................................... 15 Sec. 2-6-4 PRESENTATION OF CASES .................................................16 Sec. 2-6-5 NOTICE ....................................................................................16 Sec. 2-6-6 TIIE HEARING ........................................................................16 Sec. 2-6-7 RECORDING OF CIVIL PENALTY ...................................... 16 Sec. 2-6-8 DUTY OF CITY SECRETARY ............................................... 16 Sec. 2-6-9 JUDICIAL REVIEW ................................................................16 Sec. 2-6-10 MUNICIPAL COURT PROCEEDINGS NOT AFFECTED... 17 ARTICLE 2-7 COPPELL TELECOMMUNICATIONS BOARD ........................ 18 Sec. 2-7-1 CREATION ...............................................................................18 Sec. 2-7-2 APPOINTMENT .......................................................................18 Sec. 2-7-3 OFFICERS ................................................................................18 Sec. 2-7-4 MEET1NGS ...............................................................................19 Sec. 2-7-5 POWERS AND DUTIES OF COPPELL CABLE TELEVISION REVIEW ............................................. 19 ARTICLE 2-8 CODE ADVISORY AND APPEALS BOARD ............................... 21 Sec. 2-8-1 CREATION OF BOARD .........................................................2I Sec. 2-8-2 SCOPE AND AUTHORITY OF THE BOARD ...................... 21 Sec. 2-8-3 APPOINTMENT .......................................................................21 Sec. 2-8-4 TERMS OF MEMBERS ...........................................................22 Sec. 2-8-5 MEETINGS ...............................................................................22 Sec. 2-8-6 FEES FOR APPEALS ..............................................................22 ARTICLE 2-9 ANIMAL SERVICES APPEALS BOARD ..................................... 23 Sec. 2-9-1 CREATION OF BOARD .........................................................23 COPPELL ('ITY CODE, 1996 EDITION EqBLE OF CONTENTZ PAGE 8 MARCH, 1997 SUPPLEAIENT Subject Matter Chapter 8, Page S emi-Trailer ..............................................................................21 Trailer 21 Truck Tractors ...........................................................................21 Vehicle ......................................................................................21 Sec. 8-4-2 GENERAL WEIGHT LOAD ON ROADWAYS .................... 21 Sec. 8-4-3 TRUCKS PROHIBITED OFF TRUCK ROUTE; EXEMPTIONS ..........................................................23 Sec. 8-4-4 EXCEPTIONS ..........................................................................23 Sec. 8-4-5 WEIGHING LOADED VEHICLES ......................................... 24 Sec. 8-4-6 TRUCK ROUTE SIGNS ..........................................................24 ARTICLE 8-5 GENERAL TRAFFIC REGULATIONS ........................................ 25 Sec. 8-5-1 PASSING SCHOOL BUSES ....................................................25 Sec. 8-5-2 TRAFFIC REGULATIONS IN GREENBELT AREA ................... 25 A. DEFINITIONS ..........................................................................25 Greenbelt Area ..........................................................................25 Person .......................................................................................25 B. VEHICLE CONTROL WITHIN GREENBELT AREA ................... 25 Sec. 8-5-3 ONE-WAY STREETS DURING CHRISTMAS SEASON .............. 25 A. AUTHORITY TO PRESCRIBE ...............................................25 B. AUTHORITY TO iNSTALL ...................................................26 C. FAILURE TO COMPLY AN OFFENSE ................................. 26 D. AUTHORIZED INSTALLATION PRESUMED ..................... 26 E. INTERFERENCE WITH BARRICADES, ONE-WAY STREET SIGNS, AND OTHER WARNING DEVICES ..............................................................26 Sec. 8-5-4 PEDESTRIAN NO-CROSSING ZONE ................................... 27 ARTICLE 8-6 BICYCLE HELMETS ......................................................................29 Sec. 8-6-1 DEFINITIONS ..........................................................................29 Sec. 8-6-2 BICYCLE HELMET REQUIRED ........................................... 29 Sec. 8-6-3 SALE OR LEASE OF BICYCLES .......................................... 30 Sec. 8-6-4 PENALTY .................................................................................30 COPPELL CIT)' CODE, 1996 EDITION T,4BLE OF CONTENT. P,4GE 23 I~MRCH, 1997 SUPPLEA.tENT Subject Matter Chapter 9, Page CHAPTER 9 GENERAL REGULATIONS ..........................................................................1 ARTICLE 9-1 ANIMAL SERVICES .........................................................................1 ARTICLE 94 FENCE REGULATIONS .................................................................25 ARTICLE 9-3 FIREARMS .......................................................................................28 Sec. 9-3-1 REGULATION OF FIREARMS .............................................. 28 A. DISCHARGING FIREARMS UNLAWFUL ........................... 28 B. EXEMPTING PEACE OFFICERS .......................................... 28 C. SPECIAL PERMIT ...................................................................28 Sec. 9-3-2 POSSESSING OR CARRYING WEAPONS .......................... 28 ARTICLE 9-4 JUNKED VEHICLES .......................................................................30 Sec. 9-4-1 DEFINITIONS ..........................................................................30 Antique Vehicle ........................................................................30 Motor Vehicle Collector ...........................................................30 Junked Vehicle ..........................................................................30 Special Interest Vehicle .............................................................30 Sec. 9-4-2 JUNKED VEHICLE DECLARED A PUBLIC NUISANCE ..30 Sec. 9-4-3 UNLAWFUL TO MAINTAIN; DUTY TO REMOVE ........... 31 Sec. 9-4-4 NOTICE TO ABATE ...............................................................31 Sec. 9-4-5 PUBLIC ttEARING ..................................................................32 Sec. 9-4-6 EXEMPTIONS .........................................................................32 Sec. 9-4-7 AUTHORITY TO ENFORCE ..................................................33 Sec. 9-4-8 SUMMARY REMOVAL .........................................................33 Sec. 9-4-9 COMPLAINT ...........................................................................33 ARTICLE 9-5 HOUSE TRAILERS AND TRAILER PARKS .............................. 34 Sec. 9-5-1 DEFINITIONS ..........................................................................34 Dependent House Trailer ..........................................................34 House Trailer .............................................................................34 Independent House Trailers ......................................................34 Licensed Trailer Park ................................................................34 COPPELL CITY CODE, 1996 EDITION TABLE OF CONTENT, PAGE 24 MARCH. 1997 SUPPLEAIENT CC96C2D TABLE OF CONTENTS CHAPTER 2 - BOARDS AND COMMISSIONS .................................................................. 1 ARTICLE 2-1 LIBRARY BOARD ............................................................................. Sec. 2-1-1 CREATION ................................................................................. Sec. 2-1-2 TERM; VACANCIES ................................................................. Sec. 2-1-3 OFFICERS .................................................................................. Sec. 2-1-4 MEETINGS .................................................................................2 Sec. 2-1-5 POWERS AND DUTIES ............................................................2 Sec. 2-1-6 (RESERVED) .............................................................................3 ARTICLE 2-2 PARKS AND RECREATION BOARD ............................................ 4 Sec. 2-2-1 CREATION .................................................................................4 Sec. 2-2-2 TERM; VACANCIES .................................................................4 Sec. 2-2-3 OFFICERS ..................................................................................4 Sec. 2-2-4 MEETINGS .................................................................................5 Sec. 2-2-5 POWERS AND DUT1ES ............................................................5 Sec. 2-2-6 (RESERVED) .............................................................................6 ARTICLE 2-3 KEEP COPPELL BEAUTIFUL COMMITTEE ............................. 7 Sec. 2-3-1 CREATION .................................................................................7 Sec. 2-3-2 MEMBERSHIP ...........................................................................7 Sec. 2-3-3 TERMS .......................................................................................7 Sec. 2-3-4 RULES ........................................................................................7 Sec. 2-3-5 DUTIES .......................................................................................8 Sec. 2-3-6 SUBCOMMITTEES ...................................................................8 Sec. 2-3-7 COORDINATOR, EQUIPMENT AND OPERATING FUNDS9 ARTICLE 2-4 PLANNING AND ZONING COMMISSION ................................. 10 Sec. 2-4-1 CREATION ...............................................................................10 Sec. 2-4-2 APPOINTMENT .......................................................................10 Sec. 2-4-3 OFFICERS ................................................................................10 Sec. 2-4-4 MEETINGS ...............................................................................11 Sec. 2-4-5 PRIMARY POWERS AND DUTIES OF THE PLANNING AND ZONING COMMISSION .......................... 11 Sec. 2-4-6 CITY COUNCIL OVERRULING OF A PLANNING AND ZONING COMMISSION DENIAL RECOMMENDATION.. 12 Sec. 2-4-7 RIGHT OF APPEAL TO THE CITY COUNCIL .................... 12 A4ARCH, 1997 SUPPLE~IENT (i) ARTICLE 2-5 COPPELL 2000 CIT1ZENS COMMITTEE .................................. 13 Sec. 2-5-1 CREATION ...............................................................................13 Sec. 2-5-2 MEMBERSHIP .........................................................................13 Sec. 2-5-3 APPLICATIONS ......................................................................13 ARTICLE 2-6 BUILDING AND STANDARDS COMMISSION .......................... 14 Sec. 2-6-1 IMPLEMENTATION OF STATE STATUTE ......................... 14 Sec. 2-6-2 CREATION OF BUILDING AND STANDARDS COMMISSION ................................................ 14 Sec. 2-6-3 JURISDICTION AND AUTHORITY ...................................... 15 Sec. 2-6-4 PRESENTATION OF CASES .................................................16 Sec. 2-6-5 NOTICE ....................................................................................16 Sec. 2-6-6 THE HEARING ........................................................................16 Sec. 2-6-7 RECORDING OF CIVIL PENALTY ...................................... 16 Sec. 2-6-8 DUTY OF CITY SECRETARY ............................................... 16 Sec. 2-6-9 JUDICIAL REVIEW ................................................................16 Sec. 2-6-10 MUNICIPAL COURT PROCEEDINGS NOT AFFECTED ... 17 ARTICLE 2-7 COPPELL TELECOMMUNICATIONS BOARD ........................ 18 Sec. 2-7-1 CREATION ...............................................................................18 Sec. 2-7-2 APPOINTMENT .......................................................................18 Sec. 2-7-3 OFFICERS ................................................................................18 Sec. 2-7-4 MEETINGS ...............................................................................19 Sec. 2-7-5 POWERS AND DUTIES OF COPPELL CABLE TELEVISION REV1EW ............................................. 19 ARTICLE 2-8 CODE ADVISORY AND APPEALS BOARD ............................... 21 Sec. 2-8-1 CREATION OF BOARD .........................................................21 Sec. 2-8-2 SCOPE AND AUTHORITY OF THE BOARD ...................... 21 Sec. 2-8-3 APPOINTMENT .......................................................................21 Sec. 2-8-4 TERMS OF MEMBERS ...........................................................22 Sec. 2-8-5 MEETINGS ...............................................................................22 Sec. 2-8-6 FEES FOR APPEALS ..............................................................22 ARTICLE 2-9 ANIMAL SERVICES APPEALS BOARD ..................................... 23 Sec. 2-9-1 CREATION OF BOARD .........................................................23 MARCH, 1997 SUPPLEAtENT (ii) ARTICLE 1-4 OFFICIAL CITY MAP Sec. 1-4-I ADOPTION OF OFFICIAL MAP A. That the Map attached to Ordinance No. 16, indicating by yellow lines the present boundaries of City of Coppell, Texas, in accordance with Article 971a of Vcrnon's Annotated Civil Statutes. lord. 26) B. That said Map shall be kept in the office of the City Secretary and shall constitute a part of the official records of the City Secretary. lord. 26) C. In the event any territory is hereinafter annexed or disannexed, then said Map of the City shall be corrected immediately so as to add thereto or delete therefrom said property so annexed or disannexed, indicating on said Map the date of annexation or disannexation. The City Ordinance number of such annexation or disannexation and a reference to the Minutes of the City Council meeting where such instrument was adopted. lord. 26) Sec. 1-4-2 STREET NAME CHANGES A. The name of that portion of roadway now known as Bethel School Road lies between its intersection with Denton Tap Road and Heartz Road, within the corporate limits of the City of Coppell, Texas, is hereby changed and shall henceforth be known as Vanbebber Drive. For further identification, said section of roadway is shown on the plat attached as Exhibit A and made a part of the adoptive ordinance. lord. 210) B. The name of the North-South segment of Cotton Road which turns north just south of Interstate 1-635 to the point where it turns southeast just north of Interstate 1-635, be changed to Royal Lane. All rel~rences in this Code to said portion of Cotton Road are hereby changed to read Royal Lane. lord. 87-400) C. The name of the existing segment of Cowboy Drive, which intersects with Freeport Parkway on the west side and Denton Tap on the east side, is changed to Wrangle Drive, and the existing Wrangler Drive, which intersects with Cowboy Drive is changed to Wrangler Circle. All other references in this code to said portion of Cowboy Drive and Wrangler Drive are hereby changed to read Wrangler Drive and Wranglcr Circle, respectively. (89-446) COPPELL CITY CODE, 1996 EDITION Chapter l, Page 3 March, 1997 Suppleroe, hi D. Reserved for Ii~ture use. (Ord. 96-758~ E. The name of that poaion of Bethel School Road from the Bethel School Road/Harris Street intersection. southerly to its termination in the Big Cedar Subdivision is hereby changed to Harris Street. (Ord. 92-548) F. That the name of the existing segment of Misty Haven Lane, in its entirety, which begins at the noah and southeast intersection of Coppell Road and Misty Haven, and ends at a cul-de-sac at the eastern most point, be changed to Minyard Lane. (Ord. 92-533) G. That the name of the existing segment of Sherwood Drive. in its entirety, ~vhich begins at the north intersection of Bethel Road and Shorewood, and ends at the intersection of Harris Road and Shorewood, be changed to Country Lane. (Ord. 92-557) H. That the name of the existing segment of Leigh Street, in its entirety, which begins noah of the intersection of Leigh Street and Brock Street, and ends at the cul-de-sac at the northern most point, be changed to Melinda Street. (Ord. 92-578) I. That the name of the existing segment of Heatherwood Lane, in its entirety, which begins at the intersection of Heaahwood Drive and Heatherwood, and ends at the northern most point of Wrenwood, be changed to Heaahwood Lane. (Ord. 92-579) J. That the name of the existing segment of Fountain Head Lane north of its intersection with Fountain Drive noahward to a line which bisects the area between the North/South portions and the East/West portions of Fountain Head Lane and including all poaions of Fountain Head Lane south of said line, be changed to Poaside Lane. (Ord. 93-645) K. The name of the existing segment of Teal Lane is hereby changed to read Laguna Drive. (Ord. 93-610) L. The name of the existing segment for that portion of Coppel Road between the existing Sandy Lake Road and the Existing Thweatt Road be changed to Sandy Lake Road. (Ord. 95-728) COPPELL C/Dr CODE, 1996 EDITION Chapter 1, Page, 4 Marc h, 1997 Supplement M. The name of the existing segment of Thweatt Road, in its entirety, be changed to Sandy Lake Road. (Ord. 95-728) N. The name of the existing segment for that portion of Cotton Road between the existing Freeport Parkway and the existing Gateway Boulevard be changed to Fritz Drive. (Ord. 97784) COPPELL CITY CODE, 1996 ED1TION CVlapter I, Page 4A March, 1997Supplement ARTICLE 2-3 KEEP COPPELL BEAUTIFUL COMMITTEE Sec. 2-3-1 CREAT1ON A committee to be known as the "Keep Coppell Beautiful Committee" is hereby created for the purpose of assisting the City Council and the City staff in establishing a city-wide policy for decreasing the amount of loose refuse in the City. (Ord. 95-699) Sec. 2-3-2 MEMBERSHIP The Committee shall be comprised of seven members appointed by City Council. Such members shall be residents of the City or o~vn or operate a business within the City. (Ord. 96769) Sec. 2-3-3 TERMS Members of the Keep Coppell Beautiful Committee shall be appointed by the City Council for a term of two (2) years: provide& however, in order to establish staggered terms of office, three of the initial members shall be appointed for one (1) year term. Thereafter, all appointmentst except for an appointment to fill a vacancy which shall be filled for the unexpired term, shall be for a term of two (2) years. (Ord. 96769) COPPELL CITY CODE, 1996 EDITION ('hapter 2. Page 7 March, 1997 Suptflement Sec. 2-3-4 RULES That the Committee shall be governed by the following rules: A. Quornm. Four (4) of the Committee shall constitute a quorum fbr the conduct of business. (Ord. 96769) B. Attendance. The meanbets of the Committee shall regularly attend Ineetings and public hearlugs of the Committee. An annual report shall be submitted to the City Council showiug the cumulative attendance of each member with notation of members who have been abseat from three (3) consecutive meetings. (Ord. 95-699) C. Compensation. The ~nembers of the Committee shall serve without compeusation. (Ord. 95-699) D. Meetlugs. The Committee shall hold an organizational meeting each year and shall elect a Chairman and Vice-Chairman from among its members before proceedlag to any other matters of busiaess. The Committee shall meet regularly and shall designate the time and place of its meetings in accordance with its by-laws. (Ord. 95-699) E. Procedure. The Committee shall adopt its own by-laws and rules of procedure and keep a record of its proceedings in accordance with the provisions of the ordinances and charter of the City. (Ord. 95-699) F. Installation of Members. Newly appointed members shall be installed at the first regular meeting after their appointment. (Ord. 95-699) Sec. 2-3-5 DUTIES That the Committee shall recommend refnse and environmental management policies to the City Council and City staff so that all City refuse policies and the Committee's activities may follow a common purpose. The Committee shall have the following responsibilities: A. Assist City Administration and City Council in reducing litter and associated problems. (Ord. 95-699) B. Assist in development of li~rther beauti~cation programs lbr the community as may be needed. (Ord. 95-699) C. Assist in the development of city-wide refuse and environmental policy plan(s) for review and adoption. (Ord. 95-699) COPPELL ('ITY CODE, 1996 EDITION Chaptt, r 2. Page, 8 March, 1997 Supplement D. Assist City Administration in evaluating the eftbctiveness of the policies developed. (Ord. 95-699) E. Determine and recommend to the City Council and the City Administration program priorities on a city-wide basis. (Ord. 95-699) F. Recommend enlbrcement and a additional program alternatives. (Ord. 95-699) G. Carry out such other tasks as the City Council and City Administration may designate. (Ord. 95-699't Sec. 2-3-6 SUBCOMMITTEES The Committee shall establish subcommittees to accomplish the foregoing responsibilities, such subcommittees to include, but not be limited to, the areas of business and industry, communications, community organizations, municipal operations, and schools. Each subcommittee shall be chaired by a Committee member with an unspecified number of community volunteers chosen by the Committee as working subcommittee staff. (Ord. 95-699) Sec. 2-3-7 COORDINATOR, EQUIPMENT AND OPERATING FUNDS A position of Coordinator will be established to coordinate the activities of the Committee. The Coordinator shall be a non-voting ex-officio member of the Committee and shall be the Director of Information and Customer Services or the designee. (Ord. 96769) COPPELL (IITY CODE. 1996 EDITION Chapter 2, Page 9 March, 1997Supplement ARTICLE 2-4 PLANNING AND ZONING COMMISSION Sec. 2-4-1 CREATION There is hereby established a seven (7) member Commission which shall be known as the Planning aad Zoning Commission of the City of Coppell, Texas. Such Commission shall continue the duties and responsibilities heretofore established for the original Planning and Zoning Commission of the City which was created by Ordinance No. 16 on July 13. 1964. (Ord. 86364) Sec. 2-4-2 APPOINTMENT A. The Planning and Zoning Commission shall be comprised of seven (7) members to be appointed by the City Council. Members shall be a resident of the City of Coppell for at least twelve (12) months preceding the date of appointment, be knowledgeable in the affairs of the City, be knowledgeable in the functions and activities provided for in the Charter and this Article and shall be a qualified voter in the City of Coppell, Texas. (Ord. 86364) B. Members of the Commission shall be appointed for two (2) year terms with three (3) members' terms expiring in even-numbered years and four (4) members' terms expiring in odd-numbered years. (Ord. 86364) C. Pursuant to Section 8.03F of the City Charter, any vacancy created on the Commission shall be filled by majority vote of the City Council for the remainder of the unexpired term within thirty (30) days after the vacancy occurs. (Ord. 86364) D. The members of the Commission shall serve without pay or compensation: provided, however, that they shall be entitled to reimburse~nent of and fbr necessary expenses incurred ia the performance of their duties, when approved by the City Council. (Ord. 86364) E. The Commission shall perform such duties as may be prescribed by state law or the ordinances of the City. Commission members shall not be agents of the City. (Ord. 86364) COPPELL C/TY CODE, 1996 EDITION Chapter 2. Page 10 March. 1997 Suppk, ment Sec. 2-4-3 OFFICERS A. The Commission shall each October elect from its membership a chairman, vice-chairman and a secretary for one (1 / year terms of office. or until their successors are elected. (Ord. 86364) B. They may hold office li3r two (2) terms, after which one (1) term must elapse before being eligible for re-election. (Ord. 86364) C. In the event of a vacancy in the office of chairman, the vice-chairman shall assume the duties of the chairman until the next regular meeting of the Commissiom at which time the Commission shall elect a new chairman. (Ord. 86364) In the event of a vacancy in the office of vice-chairman or secretary, the chairman may appoint a Commission member to temporarily assume the duties of that office until the next regular meeting, at which time an COPPELL CITY CODE, 1996 EDITION Chapter 2, Page 10A March, 1997 S:upplement J. To have in one's possession a key or master key that will unlock water ~neter lids. This subsection does not apply to City officials or employees. K. To install or maintain any utility by-pass or connection between the utility meter and the main source of supply, except as may be installed upon written permission from the City and the Utility Company~ if any~ furnishing such utility through a franchise granted by the City. (Ord. 79) L. To turn on any utility meter valve without first having obtained a permit to do so or to turn on such utility meter valve after the same has been turned off by the City or its agents. without first having obtained a permit to do so, or to interfere with any water, electric or gas meter or any other utility supplying equipment. (Ord. 79) M. To use any utility after the same has been cut off by the City, its agents or the utility company furnishing such utility under a franchise granted by the City, without first having secured a new permit therefor upon new applicatiou such utility service. The discovery of an unauthorized by-pass as above mentioned shall be pri~na facie evidence that such by-pass was installed by and maintained by the person or persons to whom the utility service is received through such unauthorized by-pass. Also, after a utility service has been turned off by the City, discovery that the utility meter valve has been turned on without authorization, shall be prima facie evidence that the person or persons to whom the utility service is being received, turned on such utility meter valve. (Ord. 79) Sec. 3-1-4 RESERVED FOR FUTURE USE (Ord. 96-758) Sec. 3-1-5 WATER RATES (Monthly) Residential: The monthly rates or charges for water service furnished by the City Waterworks System for single family dwellings shall be as established by appropriate City Council resolution. (96-737) Co~nmercial and Industrial: The monthly rates or charges tbr water service furnished by the City for apartment or multi-family complexes, hotels and motels, office buildings, townhouses and condominiums, and commercial or industrial uses shall be based upon a meter base rate as established by City Council resolution. In the event that City ordinance requires installation of a meter strictly for fire protection, that meter shall be charged the base rate for a Type "A" 5/8 inch meter, regardless of actual meter size. (96-737) COPPELL (7TY CODE, 1996 EDITION Chapter 3, Page 3 March, 1997 5upplemenl Sec. 3-1-6 RESERVED FOR FUTURE USE Sec. 3-1-7 REPORT WATER LEAKS It shall be the duty of aII employees of the City, including Officers and members of the Police Force, to report to the Superintendent of Waterworks, upon blanks furnished for that purpose, any leaks or unnecessary waste of water that may come to their attention, together with any violation of this Article. (Ord. 180) Sec. 3-1-8 WATER METERS All meters whether private or belonging to the Waterworks System shall be set by the employees of the City. If the meter fails to register, the constuner will be charged at the average daily consmnption as shown by the meter when in order. All water that passes through the meter shall be charged for, whether used or not. (Ord. 180) Sec. 3-1-9 SEPARATE METERS REQUIRED Each consumer of water living in a separate house must have a separate connection and meter for each house, provided, that in cases of hardship or where a residence is not in reach of a City water main, arrangements may be made, at the optiou of the City, to secure water from another user of City water. (Ord. 180) Sec. 3-1-10 REPAIR OF WATER LINES In the interest of water couservation, if at any time water lines and connections from the meter loop connection into the residence, house, barn, business, yard or similar places become rusted out, broken or in general deteriorated, it shall be the duty of the owner of the premises to place his lines in a good and serviceable condition. The replaced and repaired lines must meet specifications laid down by the City Plumbing Code. (Ord. 180) Sec. 3- I - I I WATER METER DEPOSIT Each water consumer shall make a meter deposit in the sum required by resolution of the City Council fbr such purpose. (Ord. 96-737) Sec. 3-1-12 DAILY WATER USE PLAN All persons using water fbr lawn watering, garden watering, or irrigation during the period of May 15 to September 15 of each year shall do so in the following manner: (Ord. 96771 ) COPPELL CITY CODE, 1996 EDITION Chapter 3, Page 4 March, 1997 Supplement A. All water customers south of Sandy Lake Road must conduct all lawn watering, garden watering, or irrigation on Sundays, Tuesdays and Fridays. B. All water customers north of Sandy Lake Road must conduct lawn watering, garden watering, or irrigation on Mondays, Thursdays and Saturdays. C. All irrigation of the center medim~s of streets or street rights-of-way and common areas maintained by a homeowner's association, that are south of Sandy Lake Road, must bc conducted on Sundays, Tuesdays and Fridays. D. All irrigation of the center median of streets or street rights-of-way and common areas maintained by a homeowner's association, that are north of Sandy Lake Road must be conducted on Mondays, Thursdays and Saturdays. E. No watering will be allowed on Wednesdays. F. Nursery (garden and landscape) businesses are not restricted when watering business inventory; however, they must comply with garden watering or irrigation for the landscaping associated with the building. G. Variances may be granted to persons establishing new lawns or landscaping. All variances must be submitted in writing. Based on the water situation at the time of request liar a variance, the City Engineer may r~ject a variance request until such time as the City's water supply can sustain the additional water usage. A variance may be revoked by the City Engineer if the terms of the agreement are violated. H. Water customers tied to the Coppell water supply not within the City limits shall conform to the same watering requirements of this ordinance. (Ord. 96771) Sec. 3-1-13 EXTENSION OF WATER LINES TO SUBDIVISIONS AND WITHIN SUBDIVISIONS, OR TO INDIVIDUALS A. Where extensions of water mains are required to serve property which has been subdivided or platted for development and resale, the costs of approach mains fronting on property not owned by the developer but required and necessary to connect property to be developed shall be COPPELL (7TY CODE, 1996 EDITION Chapter 3, Page 5 March. 1997 Supplement borne solely by tile developer. The sizes of all ati3rementioned mains shall be determined by the City. Rethnds for main extensions will be as follows: 1. Upon approval and acceptance of the system by the City, on any mains larger than twelve inch (12") diameter. the City will pay, upon acceptance if limds are available, or will enter into a pro- rata agreement with the developer, the amount being the diflbrence between the cost of the oversized mains and the twelve inch (12") diameter mains. (Ord. 180) 2. The City will only refund to the subdivider pro-rata charges received from applicants ~vho desire to connect to the mains of a diameter larger than twelve inch (12") with the total refund not to exceed the amount of the subdivider's cost of the off site improvements. (Ord. 180) 3. The maximum period of time for the pro-rata reimbursement to the subdivider for the off-site mains shall not exceed seven (7) years. (Ord. 180) B. Oversized Mains Within Subdivisions. Developers of subdivisions shall bear the entire costs of water and sewer systems ~vithin or along the boundary of their subdivisions, except that on any mains larger than twelve inch (12") the City will relhnd the dif/brence between the cost of the oversized mains and the twelve inch (12"). Adequate size of such water and sewer mains shall be determined by the City. (Ord. 180) Sec. 3-1 - 14 RESERVED FOR FUTURE USE (Ord. 96-758) Sec. 3 - 1 - 15 TAPPING CITY WATERMAINS The tapping the for connection with the Water Works System shall be as established by appropriate resolution of the City Council. (Ord. 96-737) COPPELL CITY (2'ODE, 1996 EDITION Chapter 3, Page 6 March, 1997 Supplement Sec. 8-3-5 PARKING REGULATIONS OF BOATS AND CERTAIN VEHICLES 1N RESIDENTIAL AREAS ..........................................18 A. DEFINITIONS ...................................................................................18 Front Yard ..........................................................................................18 Rear Yard ...........................................................................................18 Residential Area .................................................................................1 g Residential Lot ...................................................................................18 Side Yard ...........................................................................................18 Vehicles ..............................................................................................18 B. PARKING PROHIBITED ON PUBLIC STREETS IN RESIDENTIAL AREAS ....................................................................l g C. CERTAIN PARKING OR STORAGE PROHIBITED IN FRONT, SIDE AND REAR YARDS OF RESIDENTIAL LOTS .... 19 D. SPECIAL EXCEPTIONS ..................................................................19 Sec. 8-3-6 TRUCK PARKING (Excess of One and One-Half Tons) ................ 20 Sec. 8-3-7 TRUCK PARKING (Under One and One-Half Tons) ...................... 20 ARTICLE 8-4 TRUCK ROUTES .........................................................................................21 Sec. 8-4-1 DEFINITIONS ...................................................................................21 Commercial Motor Vehicle ...............................................................21 Motor Vehicle ....................................................................................21 Sere i-Trai ler .......................................................................................21 Trailer .................................................................................................21 Truck Tractors ....................................................................................21 Vehicle ...............................................................................................21 Sec. 8-4-2 GENERAL WEIGHT LOAD ON ROADWAYS .............................. 21 Sec. 8-4-3 TRUCKS PROHIBITED OFF TRUCK ROUTE; EXEMPTIONS...23 Sec. 84-4 EXCEPTIONS ..........................................................................23 Sec. 8-4-5 WEIGHING LOADED VEHICLES ..................................................24 Sec. 8-4-6 TRUCK ROUTE SIGNS ...................................................................24 ARTICLE 8-5 GENERAL TRAFFIC REGULATIONS .............................. 25 Sec. 8-5-1 PASSING SCHOOL BUSES ....................................................25 Sec. 8-5-2 TRAFFIC REGULATIONS IN GREENBELT AREA ............ 25 A. DEFINITIONS ...................................................................................25 Greenbelt Area ...................................................................................25 Person .................................................................................................25 March, 1997 Supplement (iii) B. VEHICLE CONTROL WITHIN GREENBELT AREA ................... 25 Sec. 8-5-3 ONE-WAY STREETS DURING CHRISTMAS SEASON ...................... 25 A. AUTHORITY TO PRESCRIBE ........................................................ 25 B. AUTHORITY TO INSTALL ............................................................ 26 C. FAILURE TO COMPLY AN OFFENSE .......................................... 26 D. AUTHORIZED INSTALLATION PRESUMED .............................. 26 E. INTERFERENCE WITH BARRICADES, ONE-WAY STREET SIGNS, AND OTHER WARNING DEVICES ................................. 26 Sec. 8-5-4 PEDESTRIAN NO-CROSSING ZONE .................................................... 27 ARTICLES-6 BICYCLE HELMETS ................................................................................. 29 Sec. 8-6-1 DEFINITIONS ...................................................................................29 Sec. 8-6-2 BICYCLE HELMET REQUIRED .................................................... 29 Sec. 8-6-3 SALE OR LEASE OF BICYCLES ................................................... 30 Sec. 8-6-4 PENALTY .........................................................................................30 March, 1997 5upplement (iv) ARTICLE 8-3 PARKING Sec. 8-3- I NO PARKING ON SPECIFIC STREETS & IN CERTAIN SCHOOL ZONES A. NO PARKING ON SPECIFIC STREETS It shall be unlawful tBr any person to stop, stand or park a vehicle at any time in violation of any official sign, curb marking, or street marking that prohibits, regulates, or restricts the stopping, standing or parking of a vehicle at the times designated fbr the foilowing streets: 1. BETHEL SCHOOL ROAD on botb sides between Denton Tap Road and Moore Road at all times. 2. COTTON ROAD on both sides between Freeport Parkway to Gateway Boulevard at all times. 3. DENTON TAP ROAD on both sides l~om the north City limits to East Beltline Road/Southwestern Boulevard at all times. 4. FREEPORT PARKWAY on both sides in its entirety at all times. 5. HEARTZ ROAD on the east side from Parkway Boulevard to a point thirty-five (35') feet soutb of the intersection of Park Meadow Way and Heartz Road at all times. 6. HEARTZ ROAD on the east side from a point thirty-five (35') feet tBurth of the iotersection of Park Meadow Way and Heartz Road to a point thirty-five (35') feet north of the intersection of Bethel Scbool Road and Heartz Road between the bouts of 7:00 a.m. to 6:00 p.m. ou Monday, Tuesday, Wednesday, Thursday, and Friday of each week. 7. HEARTZ ROAD on tbe east side froran Bethel School Road to a point thirty-five (35') feet north of the intersection of Bethel School Road and Heartz Road at all times. 8. HEARTZ ROAD on tile west side from Parkway Boulevard to a point two hundred five (205') feet south of Sandy Lake Road at all times. 9. HEARTZ ROAD on the west side from a point thirty-five (35') feet north of tbe intersection of VanBebber and Heartz Road at all times. 10. HEARTZ ROAD on the west side from a point thirty-five (35') feet soutb of tbe intersection of VanBebber and Heartz Road to a point COPPELL (IITY CODE, 1996 EDITION Chapter 8, Page 9 Mai~'ch, 1997 Stepplement thirty-five (35') l~et north of the intersection of Heartz Road and Bethel School Road between the hours of 7:00 a.m. to 6:00 p.m. ou Monday, Tuesday, Wednesday, Thursday, and Friday of each week. 11. HEARTZ ROAD on the ~vest side from Bethel School Road to a point thirty-five (35') feet north of the iutersection of Bethel School Road and Heartz Road at all times. 12. KAYE STREET, ou the south side in the three hundred (300) and four hundred (400) blocks at all times. 13. MACARTHUR BOULEVARD on the east side from the north City limits to the south City limits at all times. 14. MACARTHUR BOULEVARD on the west side from the north City limits to Sandy Lake Road at all times. 15. MACARTHUR BOULEVARD on tbe west side from Sandy Lake Road to a point seven hundred fifty feet (750') south of the intersection of Starleaf Street and MacArthur Boulevard between the hours of 6:45 a.m. to 8:45 a.m. on Monday, Tuesday, Wednesday, Thursday, and Friday of each week. I6. MACARTHUR BOULEVARD on the west side from a poiat seven htmdred fifiy feet (750') south of the intersection of Starleaf Street aud MacArthur Bonlevard to the south City limits at all times. 17. MOCKINGBIRD LANE oil the west side in its entirety at all times. 18. MOORE ROAD on the east side between Parkway Botdevard and Sandy Lake Road from a point seventy (70') tibet south of the south curb line of the entrance into the Town Lake Apartment Complex to a point one hundred eighty-six (186') feet north of the entrance into tile Town Lake Apartment Complex at all times. 19. PARKWAY BOULEVARD on the south side from the intersection of the south curb line of Parkway Boulevard and the west curb line of Moore Road to a point sixty (60') fbet west of said location at all times. 20. SANDY KNOLL DRIVE on both sides between Sbadowcrest Drive and Woodhurst Drive at all times. 21. SHADOWCREST DRIVE on the north side between Moore Road and Wise Way at all times. C~'OPPELL CITY CODE, 1996 EDI770N Chapter 8, Page 10 3~tarc.h, 1997Supplement 22. SOUTH BELT LINE ROAD on both sides between the westbound Frontage Road of Interstate Highway 635 and East Belt Line Road/Southwestern Boulevard at all times. 23. VILLAWOOD LANE on the north side between Moore Road and Mockingbird Lane at all times. 24. WOODHURST DRIVE on tile north side between Sandy Knoll Drive and Heartz Road at all times. (Ord. 97782) COPPELL CITY CODE, 1996 EDITION Chapter 8, Page I OA March, 1997 Supplement Sec. 8-5-4 PEDESTRIAN NO-CROSSING ZONE It shall be unlawful for ally pedestrian to cross any public street within tile corporate limits of the City at a location that has beeu established as a ~Pedestrian no-crossing zone" and so marked as a "No Pedestrian Crossing Zone" with signs or street ~narkings. The following locations are hereby designated as "Pedestrian no-crossing ZOnes" A. That part of East West Belt Line Road that lies in the 1700 block and 1800 Block of said road. COPPELL (TTY CODE. 1996 EDITION (7~apter 8, Page 27 March. 1997Supplement (This page intentionally left blank) COPPELL CITY CODE, 1996 EDITION Chapter 8, Page 28 March. 1997 St,pplemenl ARTICLE 8-6 BICYCLE HELMETS Sec. 8-6-1 Definitions. The following terms and phrases, as used in this Article, shall have the following meanings unless the context indicates otherwise: Bicycle. means a human powered vehicle with two wheels in tandem designed to transport by a pedaling action a person seated on a seat. Child. Shall mean any person under seventeen years of age. Dealer. Shall mean any commercial establishment that sales or leases new or used bicycles, whether as its principal business activity or in connection with the selling or leasing of other merchandise, or the providing of services, from a place of business within the City. Helmet. Shall mean a properly fitted bicycle helmet that is not structurally damaged and that conforms to the standards of the American National Standards Institute, the American Society Ibr testing and materials, the Snell Memorial Foundation or any federal agency having regulatory jurisdiction over bicycle helmets, as applicable, at the time of the manufacturer of the helmet. Parent. Shall mean the person who is the natural parent, adoptive parent, foster parent, or step parent of another person. Public Way. Shall mean any property located within the City that is publicly owned or maintained, including but limited to a publicly owned or maintained street, highway, alley, sidewalk, trail or public park facility. Wearing a helmet shall mean that a helmet is properly attached to a person's head with the chin straps of the helmet securely l~astened and tightened. (Ord. 96780't Sec. 8-6-2 Bicycle Helmet Required A. A person commits an offense if the person operates or rides upon a bicycle or any side car, trailer, child carrier, seat, or other device attached to a bicycle without wearing a helmet. B. A parent or guardian of a minor commits an oft~nse if such person 'knowingly causes or permits, or by insufficient control allows, the minor to operate or ride upon a bicycle or any side car~ trailer, child carrier, seat or other device attached to a bicycle, without the minor wearing a helmet. COPPELL CITY CODE, 1996 EDITION Chapter &Page 29 March, 1997 5upplement C. A person commits an offense if the person transports another person upon a bicycle or any side car, trailer, child carrier, seat, or other device attached to a bicycle, without the other person wearing a helmet. D. It is a det~nse to prosecution under Subsection A~ B, or C that: 1. the bicycle was not being operated upon a public way at the time of the alleged ofl~nse; or 2. for the first offense only, the person owns or has acquired a helmet for such person's use or passenger use, whichever is applicable, prior to appearance in Municipal Court Ibr the violation. (Ord. 96780) Sec. 8-6-3 Sale or Lease of Bicycles A. A dealer commits an ofl~nse if the dealer sells a bicycle or any bicycle side car, trailer, or child carrier without having a sign conspicuously posted on the dealer's premises, in the form, location, and manner approved by the Chief of Police, notifying all customers that it is a City Ordinance violation to operate or ride upon a bicycle without a helmet. B. A dealer commits an offense if the dealer leases a bicycle or any bicycle side car, trailer, or child carrier without: 1. providing a helmet to each person who will operate or ride upon the bicycle or bicycle side car~ trailer, or child carrier: or 2. determining through physical observation that a helmet is in the possession of each person who will operate or ride upon the bicycle or the bicycle side car, trailer, or child carrier. (Ord. 96780) Sec. 8-6-4 Penalty Au oft~nse under this Article is punishable by a fine not to exceed: 1. Ten ($10.00) dollars for the first offense: 2. Twenty-five ($25.00) dollars for the secoud offense: aud 3. Fifty ($50.00) dollars for the third and each subsequent ofl~use.(Ord 96780) COPPELL CITY CODE. 1996 EDITION Chapter 8, Page 30 March, 1997 Sttpp/ement CHAPTER 9 GENERAL REGULATIONS ARTICLE 9-1 ANIMAL SERVICES Sec. 9- l - 1 Definitions. In this Article the following words and terms shall have the following meanings ascribed to them unless the context indicates otherwise: Abandon shall mean to dump, desert, or leave any animal on public or private property with the intent of terminating any further responsibility for said animal, and shall also mean titiling to properly redeem any animal impounded or quarantined by the City. (Ord. 95-687) Animal shall mean any living creature, dronestic or wild, including, but not limited to, dogs, cats, cows, horses, birds, fish, mammals, reptiles, insects, fowls, and livestock but specifically excluding human beings. (Ord. 95-687) Animal Services Officer shall mean the person designated by the City Manager to enforce this Article or an authorized representative. lord. 96777) Cat shall mean a domesticated animal that is a member of the t¥1idae (ti:line) family but does not include a lion, tiger, bobcat, jaguar, panther, leopard, cougar, or other wild animal of this family or hybrids. (Ord. 95-687) Dangerous Dog shall mean a dog that: 1. makes an unprovoked attack oa 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 caused a person to reasonably believe that the dog wilI attack and cause bodily injury to that person. (Ord. 96777) Designated veterinarian shall mean a licensed veterinarian who has been approved by the City to collect fees l~>r and issue licenses for animals. (Ord. 95-687) Dog shall mean a domesticated ani~nal that is a member of the canidae (canine) tlm~ily but does not include a wolf, jackal, fox or other wild animal of this family or hybrids. (Ord. 95-687) ('OPPELL (lID' CODE, 1996 EDITION Chaplc, r 9, Pa,,ee 1 Il larch. 199 7 5upplemc, nt Guard Dog shall mean any dog which has been trained for the purpose of protecting property by a guard dog company which is required to be licensed pursuant to Article 4413(29bb) V.T.C.S., as amended from time to time. (Ord. 95-687) Hybrid shall ~nean the product of the ~nating of two dift~erent species of animals regardless of the number of generations born since that original mating. (Ord. 95687) Licensed Veterinarian shall mean a person licensed to practice veterinary medicine. (Ord. 95-687) Livestock shall mean horses, or any member of the domesticated horse family, including but not limited to, mules, donkeys, and ponies and all types of varieties of cattle, bulls, and all members of the cow family, and all types of domesticated swine, sheep and goats. (Ord. 95-687) Local Rabies Control Authority shall mean the person designated by the City Council in accordance with Section 826.017 of the Texas Health and Safety Code (Vernon Supp. 1996). (Ord. 96777) Miniature Swine shall mean any member of the swine family which has, through selective breeding, been genetically manipulated so as to attain a maximum height of 18 inches at the shoulder and a ~naximum weight of 60 pounds. (Ord. 95-687) Owner shall mean any person owning, keeping or harboring an animal. (Ord. 95687) Person shall mean an individual, firm, partnership, association, corporation or other legal entity. (Ord. 95-687) Prohibited Animal: I. Means an animal, other than a common domestic species and regardless of state or duration of captivity, that poses a potential physical or disease threat to the public or that is protected by international, federal or state regulations, including but not limited to the fbllowing: A. Class Reptilia: Family llelodermatidea (venomous lizards): Family Viperidac (rattlesnakes, copperheads, cottonmouths, other pit vipers and true vipers); Family Elapidae (coral snakes, cobras, mambas, and other elapids): the following listed species of Family Colubridae - Dispholidus typus (Boomslang), Hyrodynastes gigas (water cobra), Boiga (mangrove snake), and Thelotornis (African twig snake) COPPELL (IITY CODE, 1996 EDITION Chapter 9, Page 2 March, 1997 Supplement only; Order Phidia, Family Boidae (racers, boas, water snakes, and pythons); and Order Crocodilia (crocodiles, alligators, caimans, and gavials): B. Class Aves: Order Falconiforms (such as hawks, eagles, and vultures); Subdivision Ratitae (such as ostriches, rheas, cassowaries, and emus); and Order Strigiforms (such as owls); C. Class Mammalia: Order Carnivora, Family Felidae (such as ocelots. margays, tigers. jaguars, leopards, and cougars), except commonly accepted domesticated cats; Family Canidae (such as wolves. wolf dog hybrids, dingos, coyotes. and jackals), except domesticated dogs: Family Mustelidae (such as weasels, skunks. martens, t~rrets, mink, and badgers); Family Procyonidae (raccoon); Family Ursidae (such as bears); Order Marsupialia (such as kangaroos and common opossums); Order Edentata (such as sloths, anteaters, and armadillos); Order Proboscidea (elephants); Order Primata (such as monkeys. chimpanzees, and gorillas); Order Rodentia (such as porcupines); and Order Ungulata (such as antelope. deer, bison, and camels); D. Animals not listed: The Animal Services Officer may declare any species of animal not listed in this subsection as "prohibited" if the confinement of the animal within the City can be shown to constitute a threat to public health and safety; (Ord. 96777) and 2. does not mean: A. a bird kept in a cage or aviary that is not regulated by international, federal, or state law; or B. a gerbil, hamsteL guinea pig, or laboratory mouse or rat. (Ord. 95-687) Running at large shall mean not completely confined by a building, wall or fence of sufficient strength or construction to restrain the animal, except when such animal is either on a leash, or held in the hands of the owner or keeper, or under direct supervision of the owner within the limits of the owner's private property. Any animal confined within an automobile or other vehicle shall not be deemed running at large. (Ord. 95-687) COPPELL CITY CODE, 1996 EDITION Chapter 9, Page 3 March, 1997 Suppletnent Secure enclosure means 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 enclosures established by the animal services officer. (Ord. 96777) Serious bodily injury means any physical injury that involves a substantial risk of death, disfigurement or impairment of any part of the body, including but not limited to a broken bone or a laceration requiring either multiple stitches or cosmetic surgery. (Ord. 95-687) Unprovoked means action by an animal that is not: 1. in response to being tormented, abused, or assaulted by any person; 2. in response to pain or injury; or 3. in protection of itself or its lbod, kennel, immediate ten'itory, or nursing olt~pring. (Ord. 95-687) Wild animal shall mean any animal except the common domestic species (dogs, cats, horses, livestock and other common farm animals) regardless of the state or duration of captivity. (Ord. 95-6871 ) Sec. 9-1-2 Enforcement. A. City Manager shall designate an employee as the Animal Services Officer who shall be assigned to the Environmental Health Division. (Ord. 96777) g. Enforcement of this Article and any state laws regulating animal control shall be the responsibility of the Animal Services Officer. (Ord. 96777) COPPELL CITY (?ODE. 1996 EDITION Chapter 9. Page 4 March, 1997 Supplement C. The Animal Services Officer is authorized to: (1) i~npound any ani~nal in violation of this Article: (2) issue citations for any violation of this Article or applicable state law. (Ord. 96777) D. No person shall interfere with any Animal Services Officer or any other authorized representative in the performance of their duties. (Ord. 96777) E. The City Council shall establish tile t~es required by this Article by resolution from time to time. (Ord. 95-687) Sec. 9- I -3 Running at Large. It shall be uulawful for an owner of an animal without regard to mental state, to fail to keep the animal from running at large as defined in this Article. (Ord. 95-687) Sec. 9-1-4 Vaccination. A. The owner of a dog or cat sball have the animal cnrrently vaccinated against rabies by a licensed veterinarian when the animal is three (3) months of age and within each subsequent twelve month interval. After immunization the veterinarian shall issue to the owner of the animal a certificate of vaccination which contains the following information: 1. na~ne and address of owner; 2. animal identification including species, sex. age, size, predominant breed and colors; 3. type of vaccination; and 4. rabies tag number. (Ord. 96777) B. Concurrent with the issuance of the certificate of vaccination the veterinarian shall provide to the owner of the dog or cat a metal rabies tag serially numbered silowing tile date of vaccination, the name, address and phone number of the veterinarian which shall be securely attached to the collar or harness of the vaccinated animal and worn at all times. (Ord. 95-687) C. Except as provided in Subsection B above, a person commits oflimse without regard to mental state, if the person owns, keeps, or harbors a dog or cat over three (3) months of age without having such dog or cat currently licensed by the City. COPPELL CITY CODE, 1996 EDI770N Chapter 9, Pctgc, 5 March, 1997 Suppl~,ment Sec. 9-1-5. Registration; license. A. The owner of a dog or cat three (3) months of age or older shall annually register the animal with the City. Written application to register the animal for a license and pay~nent of the applicable license fee shall be made to the City or to a designated veterinarian. The application shall inclnde the name and address of the applicant, a description of the animal, and proof of a current rabies vaccination. Upon acceptance of the application, a City license tag shall be issued, which shall bear an identifying number for the animal and the year of issuance. The license tag shall be securely attached to the collar or harness of the anilnal and worn at all ti~nes. No license l~e shall be charged for dogs trained to assist audio or visually-impaired persons, and police dogs. lord. 96777) B. Animals fi>stered within the City shall wear the fostering tag for the appropriate organization until such time as the animal is adopted. (Ord. 95- 687) C. Except as provided in Subsection B above, a persoil commits an oftimse without regard to mental state, if the person owns, keeps, or harbors a dog or cat over three (3) months of age without having such dog or cat currently licensed by the City. (Ord. 96777) D. A person com~nits an ofllense without regard to mental state, if the person owns, keeps, or harbors a dog or cat required to be licensed by this section and fails to display on the animal at all times a valid City license tag. (Ord. 95- 687) E. A person commits an oft~nse without regard to mental state if the persoll owns, keeps, or harbors a dog or cat and displays on the animal a City license tag issued to another animal. (Ord. 95-687) F. A person commits an offense without regard to mental state if the person owns, keeps. or harbors more than tbur (4) animals (dogs, cats, or both) over six (6) months of age. (Ord. 95-687) Sec. 9- I -6. License Tag by Designated Veterinarian. A. A licensed veterinarian located within or outside the City and who treats dogs and cats which are maintained within the City may apply annually to the Animal Services Officer to become a designated veterinarian. Application shall be in a form prescribed by the Animal Services Officer and shall be signed by the veterinarian applying for designation and shall COPPELL CITY CODE, 1996 EDITION Chapter 9. Page 6 Mctrch, 1997Supplement have the force and effect of a contract. The City Manager or his designee is hereby authorized to approve such application on behalf of the City. An Agreement shall be valid only for the calendar year and shall expire on December 31st. (Ord. 95-687) B. A designated veterinarian is autborized to issue a license tag to the owner of a dog or cat upon proof of a current rabies vaccination certificate lbr the animal to be licensed and payment of the applicable license fee. A designated veterinarian shall not register any dog or cat without proof that the animal is currently vaccinated against rabies. (Ord. 95-687) C. A designated veterinarian shall coIlect the City's current license fee for each animal be registers and may retain fi'om the fbe an amount established by the City Manager as payment for services and shall submit the balance to the City. A designated veterinarian assumes full responsibility for insuring that full payment is made to the City for each license tag. License fees collected by a veterinarian shall be paid to the City no later than the 5th day of the month following the month in which the fees were collected. A designated veterinarian shall be responsible for the proper handling of all City license tags issued to the veterinarian by the Animal Services Officer and shall be responsible for contacting Animal Services to receive additional tags prior to the supply running out. (Ord. 96777) D. Any designated veterinarian who fails to comply with the procedures or requirements for the collection and payment of license fees shall immediately fi~rfcit the designation. (Ord. 95-687) E. The Animal Services Officer shall provide the designated veterinarian with necessary monthly report forms and City license tags. The Animal Services Ofricer shall establish a collection procedure for the fees, a format for tbe tags and shall record the number of dogs and cats registered. name of owner, and other appropriate infbrmation. The Anhnal Services Officer may at reasonable times inspect the license records at a designated veterinarian's office. (Ord. 96777) Sec. 9-1-7. Revocation and Denial of Registration. A. The Animal Services Officer may deny or revoke registration for an animal owned by a person who: (1) has been convicted of Texas Penal Code, Article 42.11, as amended, or four or more separate violations of this Article or of an animal services ordinance of another jurisdiction within any twelve (12) month perio& (2) has had the same animal impounded four or COPPELL CITY CODE, 1996 EDITION Chapter 9, Page 7 Mcsrch, 1997 Supplemerit more times within any twelve (12) month period: or (3) has abandoued an animal. (Ord. 96777) B. If the Animal Services Officer revokes or denies registration of a dog or cat, a written notice of the action and of tile right to all appeal shall be given to the owner. The owner may appeal the decision of the Animal Services Officer to the Animal Services Appeals Board. The filing of a request for au appeal hearing stays an action of the Animal Services Officer in revoking or denying the registration until the Appeal Board makes a final decision. (Ord. 96777) C. Within fifteen (15) calendar days after receipt of a notice of revocation or denial of registration, or after a filial decision of the Appeals Board if an appeal is filed, a dog or cat owner shall remove the affected animal from the City limits. The Animal Services Officer or tile Appeals Board may extend the fifteen (15) day removal period fbr an additional fifteen (15) calendar days. The owner shall provide the Animal Services Officer with a sworn statement confirming the removal of tile ani~nal. (Ord. 96777) D. A person commits an offease without regard to mental state, if the person owns, keeps, or harbors a dog or cat within the City daring a period when registration for the animal has been revoked or denied, or fails to remove a dog or cat when required by this section. (Ord. 95-687) Sec. 9-1-8. Animal Services Appeals Board. A. There is hereby created the Animal Services Appeals Board comprised of the City Health Officer, a veterinarian to be appointed by the City Council and one resident of the City who shall not be an employee. The denial or revocation of registration may be appealed by filing with the Animal Services Officer a wrirteu request for hearing within ten (10) days after notificatiou of the denial or revocation. The filing of a request for an appeal stays the action until the Appeals Board ~nakes a final decision, although it does not preclude the necessity for the animal to be removed from the City until all appeals are final. If written request for an appeal is not timely made, the denial or revocation is final. (Ord. 96777) B. The Appeals Board may consider evidence ofti~red by any interested person. The formal rulcs of evidence do not apply. The Appeals Board shall make its decision on the basis of a preponderance of the evidence presented at the hearing. The Appeals Board should conduct a hearing and render a decision within fifteen (15) days after the request for an appeal is filed or as soon thereafter as practicable. The Appeals Board may affirm or reverse the denial or revocation. The decision of the COPPELL (TTY CODE. 1996 EDITION Chapter 9, Page 8 March. 1997 Sttpplement Appeals Board shall be sent to tile owner of the affected animal. TIle decision of the Appeals Board is final. (Ord. 95-687) Sec. 9-1-9. Guard Dogs. All guard dogs shall be registered annually with the Animal Services Officer prior to use as guard dogs. The City license tag tbr a guard dog shall be securely attached to the collar or harness on the animal and worn at all times. Guard dogs shalI be restrained by a chain or leash not exceeding six (6) feet in length aod humanely muzzled wheo off the premises where used. (Ord. 96777) Sec. 9-1 - 10. lrapoundment. A. TIle lbllowing animals may be impounded: 1. Cats and dogs or miniature swine not exhibiting evideuce of vaccination or registration. (Ord. 95-687) 2. Ally animal kept under conditions which can endanger the public or aaimal health. (Ord. 95-687) 3. Any animal that has rabies or symptoms thereof or that a person could reasonably suspect of having rabies or that bites, scratches or otherwise creates a condition which ~nay have exposed or transmitted the rabies virus to aoy human being or animak or that requires observation for rabies as determined by the Animal Services Officer. (Ord. 96777) 4. Any animal running at large. (Ord. 95-687) 5. Any animal treated ill a manner determilled to be ill violation of Texas Penal Code, Article 42.11, as amended. (Ord. 95-687) 6. Any animal in violation of any provision of this article. (Ord. 95-687) 7. Any animal reasonably suspected of having inflicted bodily harm on ally buman beiag or animal that poses a threat to public safety or constitutes a public nuisance. {Ord. 95-687) 8. Any prohibited animal. (Ord. 95-687) B. If any animal is found on the premises ofaay person, that person may coilfine such animal in a humane manner until the Ani~nal Services Officer COPPELL CITY CODE, 1996 ED1770N Chapter 9, Page 9 March, 1997 Supplement impounds such animal. When so notified. it shall be the duty of tile Animal Services Officer to have such animal impounded. (Ord. 96777) C. The City Manager shall select and establish facilities in the City for the impoundment, quarantine, maintenance, and destruction of animals. (Ord. 95- 687) D. Reasonable effort shall be made by the Animal Services Officer to contact the owner of any aai~nal impounded which is wearlug a current registration tag. However. the final responsibility for an impounded animal is tbat of the owner. (Ord. 96777) Sec. 9-1 - 11. Redemption of Animal. A. The owuer may redeem an impounded animal upon payment of all applicable impoundment fees. bandling fees, and any veterinarian bills or other cost incurred by the City for the impoundment, care and welfhre of the animal and upon proof of compliance with the vaccinatioa/registration requirements of this article. Ally animal being held under quarantine or observation fbr rabies shall not be redeemned uutil released li~om qnarantine. (Ord. 95-687) B. hnpounded animals shall be held for five days after the date of impoundment except any ani~nal wearing a current registration and/or vaccination tag shall be impouuded for seven days. If the owner of an impounded animal does not redeem it within the period of impoundment, disposition will be in accordance with this article. (Ord. 95-687) Sec. 9- l - 12. Disposition of AnimaLs. A. Except as provided hereia, any ani~nal not redeemed within the above stated time periods after impoundmerit, or release from quarantine, shall become tile property of the City and shall at the directioa of the Animal Services Officer be placed for adoption, transferred to a bona fide humane society or humanely destroyed. (Ord. 96777) B. Disposition of auimals impounded on the grounds of cruel or inhumane treatment shall be determined by a court of competent jurisdiction. (Ord. 95- 687) C. Ally nursing baby ani~nal impounded without the mother or where the mother cannot or refuses to provide care for the baby may be immediately destroyed to prevent further suffering. Any impounded animal that appears to be suffering from extreme injury or illness may be immediately COPPELL CITY CODE. 1996 EDITION Chapter 9, Page I 0 March. 1997 Supplement destroyed to prevent further suffering. (Ord. 95-687) D. Any owner who no longer wishes responsibility for an animal or believes the animal to be ill or injured may sign a written waiver supplied by the Animal Services Officer allowing the animal to be immediately destroyed by the City. The owner of such animal shall be charged a fee for this service. (Ord. 96777) Sec. 9-1 - 13. Adoption of Dogs and Cats. A. A person may adopt a dog and/or cat from the City impoundment facility that has been spayed or neutered aud classified as adoptable. If the animal is uuder six (6) u~onths of age, the adopting owner must sign au agreement to have the animal spayed or neutered when the animal reaches the age of six (6) months. (Ord. 95-687) B. The Animal Services Officer may refuse to allow a person to adopt an animal if he has reason to believe the person: 1. Would not have proper facilities to contain or care for the animal. (Ord. 96777) 2. Wants the dog or cat for the purpose of resale or for purposes other than pet ownership. (Ord. 96777) 3. There are reasouable grounds to believe the animal would be subjected to abandonment or cruelty. (Ord. 96777) C. The person adoptiug the dog and/or cat shall pay all applicable costs of adoption, including vaccination, registration and veterinarian fees. (Ord. 95- 687) Sec. 9-1-14. Animal Quarantine. A. Any animal that has rabies or symptoms which could reasonably indicate rabies or that bites, scratches or otherwise creates a condition which may expose or transmit the rabies virus to a human being or other animal shall be impounded immediately. Upon notification, the owner shall surrender the animal to the Animal Services Officer for quarantine at the City's designated animal shelter, or with approval from the Animal Services Officer deliver the animal to a state-approved veterinarian quarantine facility for quarantine at the owner's expense. Quarantine shall be for a minimum of ten (10) days beginniug on the date the incident occurred or longer as the Animal Services Officer may deem necessary. Animal COPPELL ('ITY ('ODE, 1996 EDITION Chapter 9, Page, II A~larch. 1997 Supplement quarantine shall be in accordance with any applicable rules and regulations adopted by the Texas Department of Health. (Ord. 96777) B. Quarantine shall be subject to the following conditions: 1. A quarantined animal showing clinical sigus of rabies shall be immediately destroyed and the head submitted to the nearest Texas Department of Health Laboratory for testing. (Ord. 95-687) 2. An animal placed in quarantine shall not be released without prior notification to aud wrirten approval from the Animal Services Officer. (Ord. 96777) 3. Home quarantine at the residence of the owner, if approved by the Animal Services Officer, must satisfy the following conditions: (Ord. 96777) a. Secure facilities are available and approved by the Animal Services Officer. (Ord. 95-687) b. The animal is currently vaccinated against rabies. (Ord. 95687) c. A licensed veterinarian must observe the animal on the first and last days of the quarantine period. (Ord. 95-687) d. The owner of the animal shall notify the Animal Services Officer if the animal escapes. becomes or appears to become sick~ or dies; and, in case of death of the aaimal while under quarantine, the owner shall immediately surrender the dead animal to the Animal Services Officer for diagnostic purposes. (Ord. 96777) e. The animal was uot rmming at large at the time of the incident. (Ord. 95-687) f. The animal is isolated from all other animals, and human beings other than the individual(s) who owu the animal. (Ord. 95-687) C. A persou who knows of an animal bite or scratch to an individual that the person conld reasonably foresee as capable of transmitting rabies, or who kuows of an animal that the person suspects is rabid shall report the incident or animal to the Auimal Services Offlcer. The report shall include the name and address of the victim and owuer of the animal. and any other information relating to the incident or animal. (Ord. 96777) COPPELL CITY CODE. 1996 EDITION ('hapter 9, Page 12 March, 1997Supplement D. The owner shall submit for quarantine an animal that: 1. is reported rabid or to have exposed an individual to rabies; or 2. the owner knows or suspects is rabid or has exposed an individual to rabies; or 3. has bitten, scratched or otherwise created a condition which may havc exposed or transmitted the rabies virus to any human being. (Ord. 96777) E. When submitted for quarantine, the owner shall provide the name, address and any other relevant information about the animal. (Ord. 96777) F. The owner of a quarantined animal shall pay all reasonable costs of the quarantine and disposition of the animal, including charges for shipment of animal tissues, if required, to the Texas Department of Health Laboratory for testing. (Ord. 95-687) G. An animal that has been quarantined may be released by the Animal Services Officer after a licensed veterinarian determines that the quarantined animal does not show clinical signs of rabies and under the following conditions: 1 . At the end of the observation period upon proof of vaccination prior to release from quarantine. 2. When all applicable fees have been paid. COPPELL CITY CODE. 1996 EDITION Chapter 9, Page 13 March, 1997Supplement 3. If the animal is not being held for legal proceediags. 4. If appropriate City license registration bas beea obtained. (Ord. 96777) H. It shall be unlawful for aay person to interrupt the observation period or otherwise interfere with quarantine, {Ord. 95-687) 1. It shall be unlawful for any person to destroy or remove from the City any animal that has bitten a person or other animal or that has been placed under quarantine. except when necessary to protect the life of any person or other animal or otberwise approved by the Animal Services Officer. (Ord. 96777) J. The carcass of a dead animal exposed to rabies or suspected of having a been rabid. shall. upon demand, be surrendered to the Animal Services Officer. (Ord. 96777) K. Wild animals shall not be placed ia quarantine. Wild animals shall be humanely destroyed in such a maaner the braia is not mutilated. The brain will then be submitted to a Texas Department of ltealth laboratory t~,r testing. (Ord. 95-687) L. No person shall fail or refuse to surrender an animal tbr quarantine or for destruction when ordered by the Animal Services Officer. (Ord. 96777) Sec. 9-1-15. Animal Nuisances. The following shall be considered a public nuisance and shall be unlawful: A. The keeping of an animal in such a manner as to endanger the public health, by the accumulation of animal waste which causes foul aad offensive odors considered to be a hazard to other animals or human beings. (Ord. 95-687) B. To permit or allow an aaimal to defecate upon private or public property other than the property of the owner of said animal, and to fail to remove and dispose of in a sanitary manner any fi~ces left by such animal. (Ord. 95-687) C. Property not kept free f?om carrion or other putrescible material. (Ord. 95- 687) COPPELL (VTY CODE, 1996 EDIT10N Chapter 9. Page 14 March. 1997 Supplentent D. The keeping of bees in such a ~nanner as to deny the lawful use of adjacent property or endanger the health and safety of others. (Ord. 95-687) E. The keeping of any animal which causes loud and unusual or frequent barking, howling, or other noise that disturbs the peace and quiet of any person of ordinary sensibilities. (Ord. 95-687) Sec. 9-1-16. Animals Prohibited as Novelties. A. It shall be unlawful ti>r any person to sell, offer for sale, rent, barter or give away as toys~ prennimns or novelties~ baby chickens, ducklings or other fowl under three weeks old, or rabbits under two months ol& unless the ~nanner or ~nethod is first approved by the Animal Services Officer. (Ord. 96777) B. It shall be unlawful to color. dye, stain or otherwise change the natural color of any chickens, ducklings, or other fowl or rabbits or to possess for the purpose of sale or to be given away, any of the above mentioned animals which have been so colored. (Ord. 95-687) Sec. 9-1-17. Wild; Wild-Hybrid; Prohibited Animals. A. It shall be unlawful to own, possess, keep or harbor any wild, wild-hybrid, or prohibited animal within the City. (Ord. 95-687) B. It is a defense to prosecution under this subsection that the owner or possessor: (1) holds a valid prohibited animal permit issued under this section: or (2) is a govermnental entity. (Ord. 95-687) C. A pem~it for possession of a prohibited animal may be issued to: ( 1 ) public zoo; (2) public or private primary or secondary school: or (3) an animal exhibition, rodeo, or circus of which the animal is an integral part, if the animal is restrained from inflicting injury upon persons, property~ or other animals. (Ord. 95-687) COPPELL CITY CODE, 1996 EDITION Chapter 9, Page 15 March. 1997Supplement Sec. 9-1 - 18. Dangerous Dogs. A. Nuisance Declared It is hereby declared to be a public nuisance that an owner harbors. keeps or maintaius a dangerous dog in the City uuless the owner complies with the requirements of this section, and State statutes regulating dangerous dogs. (Ord. 95-687) B. Requirements for Owner of Dangerous Dog 1. Not later than the 30th day after a persoll learns that the person is the owner of a dangerous dog, the person shall: a. register the dangerous dog with the Animal Services Officer; b. restrain the dangerous dog at all times on a leash in the immediate control of a person or in a secure enclosure; c. obtain liability insurance coverage or show financial responsibility in an a~nount of at least $100,000 to cover damages resulting from an attack by the dangerous dog causing bodily injury to a person. (Ord. 96777) 2. For purposes of this section, a person learns that the person is the owner of a dangerous dog when: a. the owner knows of an attack described in the definition of "Dangerous Dog"; or b. the owner is informed by the Animal Services Officer that the dog is a dangerous dog. (Ord. 96777) 3. If a persoll reports all iucident described in the definition of "Dangerous Dog", the Animal Services Officer may investigate the incident. If, after receiviog sworn statements of any witnesses, the Animal Services Officer determines the dog is a dangerous dog, he shall notify the owner of that fact. (Ord. 96777) 4. The owner, not later than the 30th day after the date the owner is notified that a dog owned by the owner is a dangerous dog, may appeal the determination of the Animal Services Officer to the Municipal Court. An owner may appeal a decision of the Municipal Court in the same manner as appeal for other civil cases. COPPELL CITY CODE. 1996 EDITION Chapter 9, Page 16 March, 1997 Supplement The determination of the Animal Services Officer is final if the owner does not timely appeal. (Ord. 95-687) 5. The Animal Services Officer shall provide notice of the date. time and location of the hearing to the owner of the dangerous dog and to any complainant, either in person or by certified mail, return receipt requested. At the hearing, all interested persons shall be given the opportunity to be heard. (Ord. 96777) C. Registration. 1. The Animal Services Officer shall annually register a dangerous dog if the owner: a. presents: (1) proof of liability insurance or financial responsibility in an amount of at least $100,000.00 to cover damages resulting from an attack by the dangerous dog causing bodily injury to a person: (2) proof of current rabies vaccination of the dangerous dog; (3) proof of a secure enclosure in which the dangerous dog will be kept. (Ord. 96777) b. pays an annual registration fee established by resolution of the City Council from time to time. (Ord. 95-687) c. provides two color identification photographs of at least three inches by three inches of each dangerous dog with one photograph showing the t?ontal view and the other photograph showing the side view of each dog. (Ord. 95-687) d. provides the name, general description, including sex, weight, color. predominate breed, height and length and any other discernible features of the dangerous dog. (Ord. 95-687) 2. The Animal Services Officer shall provide. to the owner registering a dangerous dog. a registration tag which shall be placed and maintained on the dog's collar at all times. (Ord. 96777) COPPELL CITY CODE, 1996 EDITION Chapter 9, Page 17 March, 1997 Supple, me, tit 3. If the owner of a dangerous dog sells the dog or moves the dog to a new address, the owner, not later than the 14th day after the date of sale or move, shall notify the Animal Services Authority lbr the area in which the dog's new address is located. If the dangerous dog has been sold or given away, the former owner shall provide the Animal Services Officer with tbe name, address and telephone munber of the new owner. If the new owner resides in the City or if the ani~nal is kept in the City, the Animal Services Officer shall notify the new owner iu person or by certified mail, return receipt requested, that a determinatiou has been made that the dog is dangerous aud provide the new owner with a copy of the requirements for the owner of a dangerous dog. It shall be unlawful for tbe new owner to fail to comply with such requirements. (Ord. 96777) 4. The owuer of a registered daugerous dog shall immediately notif~v the Animal Services Officer if the dangerous dog is running at large, has bitten or attacked a buman being or another animal, has died, or has been sold or given away. (Ord. 96777) D. Attack by dangerous dog I. A persoil commits an ott~nse if the person is tile owner of a dangerous dog and the dog makes an unprovoked attack on a person or another animal outside the dog's enclosure and causes bodily injury to a person or another animal. (Ord. 95-687) 2. All offense nnder this subsection is a Class C Misdemeanor, unless the attack causes serious bodily iujury or death to a person in which event the offense is a Class A Misdemeanor. lord. 95-687) 3. If a persoll is found guilty of an offense under this section, the Court which hears the case may order the dangerous animal destroyed by a licensed veterinarian or a person authorized by State law. (Ord. 95-687) 4. In addition to criminal prosecution, a person who commits an offense under this subsection is liable for a civil penalty not to exceed $10,000. The City Attorney may file suit in a court of competent Jurisdiction to collect the penalty, which shall be retained by the City. (Ord. 95-687) COPPELL CITY CODE, 1996 EDITION Chapter 9. Page 18 March, 1997 Supplement E. Violations A person who owns or keeps custody or control of a dangerous dog commits an offense if the person fails to compIy with any requirements for ownership of a dangerous dog. If the owner of any dog determined to be dangerous under this section f~ils or refuses to comply with requirements of this section, the dog shall be seized by the Animal Services Officer and humanely destroyed. (Ord. 96777) F. Defense 1. It is a defbnse to prosecution under Section 9-1-18(D) or Section 9-1-18(E) that the person is a veterinarian, a peace officer, a person employed by a recognized ani~naI shelter or a person e~nployed by the State or political subdivision of the State to deal with stray animaIs, and has temporary ownership, custody and controI of the dangerous dog in connection with that position. (Ord. 95-687) 2. It is a defbnse to prosecution under Section 9-1-18(D) or Section 9-1-18(E) that the person is an employee of the institutional division of the Texas Department of Criminal Justice or a law entbrcement agency and trains or uses dogs ~br law enforce~nent or correction purposes. (Ord. 95-687) 3. It is a defense to prosecution under Section 9-1-18(D) or Section 9-1-18(E) that the person is a dog trainer or an employee of a guard dog company under the Private Investigators and Private Security Agencies Act, Article 4413(29bb), Vernon's Texas Civil Statutes, as amended. (Ord. 95-687) Sec. 9-1 - 19. Miniature Swine. A. The owner of ~niniature swine shall annnally register the animal with the City. Written application for registration and payment of applicable registration fees shall be made to the Animal Services Officer or designated veterinarian. The application shall include the name and address of the owner, a description of the animal and the current rabies vaccination certificate. Upon acceptance of the application, a City license tag shall be issued and shall bear an identifying number for the animal and the year of issuance. (Ord. 96777) COPPELL CITY CODE. 1996 EDITION Chapter 9. Page 19 March, 1997Supplement B. Miniature swine may be kept as pets in the City subject to the following requirements: 1 . It shall be nnlawfid to keep, harbor or possess more than two (2) swine per household or business. (Ord. 95-687) 2. No person may eugage in the propagation or breeding of miniature swine within the City. (Ord. 95-687) 3. It shall be unlawful for any person to keep or maintain miniature swine outdoors. A person may permit miniature swine outdoors for brief periods not to exceed one hour per occurrence as necessary for exercise or for the elimination of waste. The outdoor area used li3r exercise and waste elimiuation ~nnst be a secure area from which the swine may not escape. Miniature swine are subject to all the other sections of this article including the prohibition of running at large. (Ord. 95-687) 4. It shall be unlawful for any person to keep or maintain Ininiature swine within the City unless the swine have received annual vaccinatious against erysipelas, parvo virus, and leptospirosis. The first inoculations for such diseases must be received before the animal is four months of age. The owner of miniature swine must provide the Animal Services Officer a health certificate from a licensed veterinarian withiu 14 days of vaccination. The certificate shalI contain the following information: a. Name, address, driver's license, and telephone number of the owner. b. Name, address, and telephone number of the licensed veterioarian providing the vaccinatious and certificate. c. Name, recent photograph and description of the animal. giving the age, weight and height. d. The lypes and dates of vacciuations. e. A statement of the general health of the auimal. f. Certification that the animal has been either spayed or neutercd. (Ord. 96777) COPPELL CITY CODE, 1996 EDITION Chal~ter 9, Page 20 March, 1997Supple, merit 5. It shall be unlawful for any person who owns, keeps, harbors, or has custody of any miniature swine to fall to display on such miuiature swine at all times a valid City registration and vaccination tag. (Ord. 95-687) 6. It shalI be unlawful for any person who owns, keeps, harbors, or has custody of any miniature swine to display on such miniature swine a registratiou or rabies vaccination tag issued to auother animal. (Ord. 95-687) 7. All locations where miniature swiue are kept shall be kept in a clean and sanitary condition. Exercise areas shall be cleaned of swine excrement twice each week. (Ord. 95-687) 8. The owner of any miuiature swine shall notify the Animal Services Officer withiu 14 days if the miuiature swine dies or has been sold or given away. (Ord. 96777) C. If the owner of a ~niuiature swine fails or refuses to comply with any of the requirements of this Section, the Animal Services Officer may deny or revoke the ani~nal's registration and order the miniature swine removed from the City. The determination of the Animal Services Officer may be appealed to the Ani~nal Services Appeals Board in the same manner as an appeal from the denial or revocation of a cat or dog registration. (Ord. 96777) Sec. 9-1-20. Commercial Businesses. A. No person shall engage in the business of selling. grooming, breeding, showing, exhibiting or the boarding of animals without first having obtained a permit from the City. Written application for a permit and payment of the applicable permit fees shall be made to the Animal Services Officer. The permit issned under this section shall be valid for one year from the date of issuance and shall be renewed anuually thereafter. Provided however, permits to show or exhibit animals including, but not limited to, rodeos, circuses, and shows, shall be valid for thirty (30) days immediately following issuance. All permits shall be conspicuously displayed in public view at the business at alI times and shall be nontransferable. (Ord. 96777) B. Permit shall not be required for licensed veterinarians, veterinarian clinics, or aay person raising livestock in an area properly zoued for such use. (Ord. 95- 687) C. The Aui~nal Services Officer is authorized to inspect any such business, the animals, and the premises where such animals are kept at reasonable times during normal business hours to insure compliance with all provisions of COPPELL CIT)'CODE, 1996 EDITION Chapter 9, Page 21 March, 1997Supple, merit this Article. (Ord. 95-687) D. In addition to the other requirements of this Article, such businesses shalI keep all locations where animals are kept in a clean and sanitary condition. Exercise areas shall be cleaned of excrement twice each week. Sec. 9-1-21. Livestock. A. It shall be unlawful for any person to keep any swine within the City, except miniature swine as defined herein. (Ord. 95-687) B. It shall be unlawful fBr any person to keep a cow or horse on any premises the overall area of which is less than one-third of an acre for each cow or horse kept, or keep more of said animals than can be cared for under sanitary conditions. The total number of cows or horses permitted shall not exceed one adult per one-third acre for the first acre, and two adults per acre for each additional acre over two acres of a single tract of land. (Ord. 95-687) C. Livestock pens, stables, corrals, or enclosures shall be capable of preventing the entry of the general public and capable of preventing the escape of the livestock. (Ord. 95-687) D. Confinement Restrictions. 1. It shall be unlaxvfifi for ally person to keep any horse, co~v, cattle, sheep or goat or any other livestock within one hundred (100) feet of any residence or occupied building. (Ord. 95-687) 2. Any ellclosure, pen, corral, or other restrictive area tier livestock may not be located within ten (10) feet of any residentially zoned property or any property used for residential purposes. (Ord. 95687) Sec. 9-1-22. Sanitary Requirements. A. The owner or person who has custody or control of any ani~nal shall comply with the following standards: 1. All manure and other animal waste shall be removed from pens, corrals, cages, yardsl or other enclosures twice a week to an approved disposal site: 2. Food shall be placed in impervious containers on impervious COPPELL CID' CODE, 1996 EDITION Chapter 9, Page 22 March. 1997 Supplement surfaces; 3. Refuse on the premises shall be removed and disposed of by meaus approved by the Animal Services Officer; 4. Watering troughs or tanks shall be equipped with adequate facility ti3r draining the overflow so as to preveut breeding of flies. mosquitoes or other insects; 5. No putrescible material shall be allowed to accumulate on the premises, and all such material used to feed which is unconsumed shall be removed and disposed of by sanitary means. (Ord. 96777) Sec. 9-1-23. Animal Care. A. The owner or person who has custody or control of any animal shall provide: 1 . Sufficient nutritious and wholesome li>od, served to the animal in clean containers, to maintain the animal in good health; 2. Clean and wholesome water, served to the animal in a clean container, such water to be available to the animal at all times; 3. Adequate shelter and protection fi~om the weather at all times; and 4. Veterinarian care as needed to prevent sufl~ring. (Ord. 95-687) B. It shall be unlawful for an owner or other person having custody or control of any animal to abandon such animal. (Ord. 95-687) C. No person other than a licensed veterinarian shall crop a dog's ears. (Ord. 95-687) D. The operator of any motor vehicle which strikes or injures a domesticated animal shall stop and immediately render aid and report such incident to the Animal Services Officer and the Police. (Ord. 96777) E. It shall be unlawful for any person to beat, starve or overwork, or to otherwise abuse any animal. (Ord. 95-687) COPPELL (IITY CODE, 1996 EDITION Chapter 9, Page 23 March. 1997 Supplement Sec. 9-1-24. Penalty A. A person who violates any provision of this Article, or who fails to perli~rm an act required by this Article, commits an offense. A person commits a separate offi:nse each day or portion of a day during which a violation is committed, permitted, or continued. (Ord. 95-687) B. An offense under this Article is punishable by a fine not to exceed: 1. $500: 2. $2,000 if the provision violated governs public health or sanitation: or 3. the amount fixed by state law if the violation is one for which the state has fixed a fine. (Ord. 95-687) COPPELL CITY CODE, 1996 EDITION Clu~pter 9, Page 24 March. 1997Supplement C. The Park Board shall approve or disapprove the name recommended by the committee: 1. If the committee's recommendation is disapproved by the Park Board, then the matter may be referred back to the committee for further action. 2. If approved, the recommended name will be forwarded to the City Council for their consideration and approval. D. Park lands and facilities shall be named within 60 days after acquisition, construction completion, or at the earliest possible date. Sec. 9-11 - 10 GUIDELINES FOR NAMING PARK LANDS AND FACILITIES Park names should be familiar to the majority of citizens, easy to recall, unique and lasting. The foliowing guidelines are listed in order of importance: A. Park lands shall be named: I. By ontstanding and/or predomiuate physical characteristics of the land such as a. Streams, rivers, lakes and creeks b. Landmark significance c. Historical significance d. Street name identity 2. In honor of a deceased community leader 3. In honor of a deceased national or state leader 4. Based on the activity, event, or function of tile park B. If a name is applied to park facilities such as recreational buildings, swimming pools. sports fields, and play structures, those shall be named either: 1. By identification with the park in which it lies; or 2. In lionor of an individual or group when contributions of 50% or more of the total cost of the facilities are donated to the City of Coppell. ('OPPELL (7TY CODE, 1996 EDITION Chaptc~r 9. Page 67 March, 1997 5upplement Sec. 9-11-11 TREE ORDINANCE A. Definitions Street l?ees are lierein defined as tress, shrubs, bushes, and all other woody vegetation on public land along either side of all streets, avenues, or other rights-of-way withiu the City. (Ord. 95-696) Park Trees are trees, shrubs, buslies, and all other woody vegetation in public parklands within the City, all areas owned by the City, or to which the public has free access as a park. (Ord. 95-696) Approvedplant palette means Section Vll of Appendix D of the Subdivision Regulations of the City of Coppell, copy of which is attached hereto as Exhibit "A". (Ord. 95-696) Streetscape Plan means Appendix D of the Subdivisioa Regulations of the City ofCoppell. (Ord. 95-696) Toppin.~ is defined as the severe cutting back of limbs to stubs larger than three (3) inches in diameter within the tree's crown to such a degree as to remove the normal canopy and disfigure the tree. (Ord. 95-696) B. Creation and Establishment of a City Tree Board There is hereby created and established a City Tree Board consisting of five (5) members appointed by the City Council tier terms of two (2) years each; provided, however, in order to establish staggered terms of office, two (2) of the initial members shall be appointed ti~r one ( 1 ) year terms. Thereafter, all appointments, except for an appointment to fill a vacancy which shall be filled for the unexpired term, shall be liar two (2) year terms. (Ord. 96765) C. Duties and Responsibilities It shall be the responsibility of the Tree Board to study, investigate, counsel, and recommend to the City Council a written plan for the care, preservation, pruning, planting, replanting, removal or disposition of trees and shrnbs in parks, along streets and in other public areas. Such plan will be updated annually and presented to the City Council, and upon acceptance and approval, shall become the official comprehensive Coppell Tree Plan for the City. (Ord. 95-696) The Tree Board shall conduct hearings and make findings, and orders, as provided in Section L. (Ord. 95-696) COPPELL CITY CODE, 1996 EDITION Chapter 9, Page 68 March, 1997 Supplement operation of systems uoted in Sec. 408.5.3, Items 1,2. aud 3, may be initiated. (b) System Response. The activation of two or more smoke detectors, a single smoke detector monitored by an alarm verification zone, the automatic sprinkler system or other approved automatic fire-detection device shall automatically: (1) Stop confusing sounds aud visual efli:ct, and (2) Activate au approved directionaI exit marking, and (3) Canse illuminatiou of the exit path with light of not less than one foot candle at the walking surface. (c) Public Address System. A public address system which is audible throughout the amusement bnilding shall be provided in all portable and permanent amusement buildings. The public address system may also serve as an alarm system." (Ord. 95-711) 10. Sec. 904.2.1. shall be amended to read as follows: "Sec. 904.2.1 Where required. An automatic fire extinguishing system shall be installed in the occupancies and locations as set forth ill this section. 1. All buildings, 3 or more stories or 35 feet in height, or greater than 5,000 square feet, excluding Group R, Division 1. Except for Group R, Division 3, any building or structure three or more stories or greater than thirty-five (35') feet in height, or any structure with a gross square footage greater than five thousand (5,000) square feet shall be equipped with all automatic fire sprinkler system. Any Group R, Division 3 buildings with a gross square footage greater than ten thousand (10,000) square feet shall be equipped with au automatic fire sprinkler system. EXCEPTION: For all existing buildings regulated by this code, an automatic fire extinguishing system shall not be required, regardless of tbe building's size, until the area of any new building addition exceeds 51000 square feet. At such time when this additional area has been reached, the entire building shall be equipped with an automatic fire extinguishing system 2. Group R, Division 1 Occupancies. All Group R, Division 1 Occupancies shall be equipped with an approved, hydraulically designed automatic fire sprinkler system. Resideutial or quick response staadard sprinklers shall be used ill the dwelling units and guest room portions of the building. 3. Group R, Division 3 Occupancies. All Group R, Division 3 Occupancies which contaiu two or more separate dwelling units shall be equipped with an approved, COPPELL CVTY CODE, 1996 EDITION ('haptc~r 15, Page 5 A4art. h, 1997 Supplement hydraulically designed. automatic fire sprinkler system. Residential or quick response standard sprinklers shall be used in the dwelling units. The system shall be designed according to NFPA standards on all floors of the building. Two (2) co~nplete sets of plans shall be submitted to the Fire Marshal ti3r review. Upon completion, the installer shall furnish the Office of the Fire Chief with a copy of "as built" plan for the system and a letter stating the name of the company installing tbe system, date of completion, a statement that the system has been installed to meet the requirements of the ordinance, and the notarized signature of the installer. For provisions on special hazards and hazardous materials, see tbe Fire Code." 11. Sec. 904.2.3.6 shall be amended to read as follows: "See. 904.2.3.6 Amusement buildings. An automatic sprinkler system shall be installed in all permanent and portable amusement buildings. The main water flow switch shall be electrically supervised. The sprinkler main cutoff valve shall be supervised. When the amusement building is portable or temporary, the sprinkler water supply may be of an approved temporary type. Exception: An automatic sprinkler systein need not be provided when the floor area of a temporary amusement building is less than 11000 square feet and the exit travel distance froin any point is less than 50 feet. 12. Sec. 904.2.8 shall be amended to read as follows: "See. 904.2.8 Group R, Division I Occupancies. An automatic fire extinguishing system shall be installed in all Group R, Division I occupancies. Residential or quick-response standard sprinklers shall be used in the dwelling units and guest room portions of the building." (Ord. 95-711) 13. Sec. 904.2.9 shall be added as follows: "Sec. 904.2.9 Group R, Division 3 Occupancies. An approved, hydraulically designed, automatic fire extinguishing system shall be installed in all Group R, Division 3 occupancies which contain two or more separate dwelling units. Residential or quick-response standard sprinklers shall be used. For system design requirennents, see the Fire Code." (Ord. 95-71 1) 14. Sec. 904.5.2 shall be amended to read as lbllo~vs: "Sec. 904.5.2 Where required. Standpipe systems shall be provided as set forth in Table 9- A." (Ord. 95-711) COPPELL CIT~' CODE. 1996 EDITION ('hapter 15. Page 6 March, 1997Supplement use, and such latching device to be attached no lower than forty-two inches (42") from the grade level measured at the outside of the gate or door. (Ord. 96779) 2. A gate or door used for geueral ingress or egress to and t~om the euclosed area, which is a part of au occupied dwelliug which said occupied dwelling forms a part of the enclosure required by this Code. Such gate or door ueed not be equipped with self-closing or self-latching devices. (Ord.. 95-711 ) 3. A gate or door, over three (3) t~et in width. or not used for geueral iugress or egress to and from the enclosed area. Such gate or door need not be equipped with self closing or self-latching devices, provided it is equipped with and maintaiued with some type of permanent locking device. Provided, however, it shall be unlawful and a violation for auy said person to permit such a gate or door to remaiu open or unlocked while uuattended. (Ord. 95- 711) 4. Drive gates shall not be considered as meeting the requirements of this Section and shall not be allowed as part of the required barrier TEMPORARY FENCE Sec. 421.3 A temporary fence of at least three (3) feet in height must completely surround a swimming pool while it is under construction and not attended. (Ord. 95-711) FAILURE TO MAINTAIN ENCLOSURE UNLAWFUL See. 421.4 It shall be unlawful to maintain any swimming pool within the City which is not fenced in accordance with the requirements of this Code. (Ord. 95-71 1) FAILURE TO SECURE FINAL INSPECTION UNLAWFUL Sec. 421.5 All pools constructed within the corporate limits of this city must pass final iuspection by the building inspection department prior to application of final plaster and the pool being filled with water. Failure to pass final inspection shall be unlawfid and will be grounds for suspension of additioual permit issuauce l~r further pool constructiou. (Ord. 95-726) COPPELL ('IT}' CODE, 1996 EDITION Chapter 15. Page, 13 March. 1997 Supplement 24. Sec. 3405 shall be amended to read as follows: "See. 3405 Change in Use. No change shall be made in tile character of occupancies, rise of any building or tellant unless such building is made to comply with the requirements of this Code fbr such division or group of occupancy. (Ord. 95-711) Exception: The character of the occupancy of existing buildings may be changed subject to the approval of the building official, and the building may be occupied for purposes in other groups without conforming to all the require~nents of this Code for those groups, provided the new or proposed use is less hazardous, based on life and fire risk, thaa the existing use. (Ord. 95-71 1) No change in the character of occupancy of a building or tenant shall be made without a certificate of occupancy, as required by Section 109 of this Code. The building official may issne a Certificate of Occupancy pursuant to the above exception without certifying that the building complies with all provisions of this Code." (Ord. 95-711 ) Sec. 15-1-3 APPEALS BOARD Ally reti~rence to an appeals board fouad ia tile Special Code adopted by this article shall mean the Bnilding and Standards Commission of the City of Coppell. (Ord. 94- 644) COPPELL CID' CODE, 1996 EDITION Chapter 15, Page 14 March, 1997Supplement 18. Table 2501-A of the Uniform Fire Code. 1994 Edition, is amended to read as follows: "Table 2501-A -- MINIMUM WIDTH OF AISLE AND OTHER MEANS OF EGRESS IN ASSEMBLY OCCUPANCIES WITHOUT SMOKE PROTECTED ASSEMBLY SEATING. The correct formula for "CLEAR WIDTH PER SEAT SERVED IN INCHES" for stairs assuming unlimited number of seats is: (0.300 x A x B x O.1,.). O.L. = Occupant load." 19. Section 7801.1.1.1 of the Uniform Fire Code, 1994 Edition. shall be amended to read as follows: "Section 7801.1. I. I Manufacturing. The manufacturing of fireworks is prohibited." 20. Section 7802.3 of the Unit~3nn Fire Code, 1994 Edition, shall be amended to read as follows: "Section 7802.3 Prohibition. The storage, use and handling of fireworks are prohibited. EXCEPTIONS: 1. The use of fireworks for display is allowed as set forth in Section 7802.4." 21. Section 8102.6.1 of the Uniform Fire Code. 1994 Edition. shall be amended to read as follows: "Section 8102.6.1 General. When smoke and beat removal are required by table 81- A, smoke and heat vents shall be provided in accordance with Section 8102.6. In buildings equipped with an ESFR Sprinkler System, curtain boards and draft stops may be eliminated with an approved smoke and heat removal system. This system must operate with the activation of any water flow alarm. The system shall have a manual override system in addition to the vent controls located in the protected area. A separate Fire Department access or key switch may be required at a remote location in the building. When activated by the water flow alarm, all other mechanical ventilation systems shall shut down." COPPELL CJTY CODE, 1996 EDITION Chapter l£ Pagc~ 55 March, 1997 Supplem~,nt 22. Table 81-B of the Uniform Fire Code, 1994 Editionl shall be amended to read as follows.' Table 81-B - - REQUIREMENTS FOR CURTAIN BOARDS AND SMOKE VENTING, Footnote ~ ~ When curtain boards are provided in buildings equipped with early suppression-fast response sprinklers, the curtain boards shall be located only at the interface between early suppression-fast response sprinklers and other types of systems. 23. APPENDIX VII, and Vlll are hereby added to the Uniform Fire Code. 1994 Edition, to read as follows: "Appendix VII - Automatic Sprinkler System Requirements. In addition to other sections of the 1994 Edition of the Uniform Fire Codel an approved automatic lire extinguishing system shall be installed in the occupancies and locations as set forth in this section. 1. All Buildings 3 or more stories or 35 feet in height. or greater thau 5,000 square feet, excluding Group R, Division 3. Except for Group R, Division 3, any building or structure three or ~nore stories or greater than thirty-five (35') feet in height or auy structure with a gross square footage greater than five thonsand (5.000) square feet shall be equipped with an automatic fire spriukler system. Any Group R. Division 3 buildlugs ~vith a gross square footage greater than ten thousand (10.000) square feet shall be equipped with an automatic fire sprinkler syste~n. EXCEPTION: For all existing buildings regulated by this code. an automatic fire extinguishiug system shall not be required, regardless of the building's size, until the area of auy new building addition exceeds 5,000 square feet. At such time when this additional area has been reached. the entire building shall be equipped with an automatic fire extinguisbing system. (Ord. 96778) 2. Group R, Division 10ccupaucies. All Group R. Division 1 Occupancies shall be equipped with an approved. hydraulically designed automatic fire sprinkler system. Residential or quick response standard sprinklers shall be used in the dwelling units and guest room portions of the building. 3. Group R, Divisiou 3 Occupancies. All Group R. Division 3 Occupancies which contains two or more separate dwelling united shall be equipped with an approved. hydraulically designed, automatic fire sprinkler system. Residential or quick response standard sprinklers shall be used in tbe dwelling units. COPPELL CITY CODE. 1996 EDITION Chapter 15. Page 56 March, 1997 Supplemerit The system shall be designed according to NFPA standards on all floors of the building. Two (2) complete sets of plans shall be submitted to the Fire Marshal for review. Upon completion, the installer shall furnish the Office of the Fire Chief with a copy of "as built" plan for the system and a letter stating the name of the company installing the system. date of completion, a statement that the system has been installed to meet the requirements of the ordinance. and the COPPELL CITY CODE, 1996 EDITION Chapter 15, Page 56A March, 1997 Supplement or the cost of coastructing capital improvements for eligible roadways designated in the City's thoroughfare plan built to City standards and accepted by the City. (Ord. 95-685) C. An applicant tbr new development must apply for an offset or credit against impact fees due for the development ia the development review process unless the City agrees to a different time. The applicant shall file a petition fbr ofTsets or credits with the City on a form acceptable by the City fbr such purpose. The contents of such petition shall be established by administrative guidelines. The City must provide the applicant. in writing, with a decision on the offset or credit request, includiag tile reasons for the decision. The decision shall specit~ the maximum value of the offset or credit which may be applied against an impact fee, which amouat and the date of the determination shall be associated with the plat for the new development. (Ord. 91- 533.1) D. The available offset or credit associated with the plat shall be applied against an impact fee in the following manner: 1. For single-family residential lots ia a new development consisting only of single-family residential lots which have received Development Review Board approval, such off'set or credit shall be prorated equally among such lots, to be applied at the time of filing and acceptance of an application of a ~aal plat, against impact tbes due. (Ord. 91-533.1) 2. For all other types of new development, including those involving mixed uses. which have received Development Review Board approval, tile off'set or credit applicable to the plat shall be applied to tile impact fee due at the time of approval. (Ord. 91-533.1) 3. At its sole discretion, the City may authorize alternative credit or offset agreements upon petition by the owner in accordance with guidelines promulgated by the City. (Ord. 91-533.1 ) E. The Coppell Independent School District shall be exempt from impact fees assessed pursuant to this Chapter. (Ord. 96781) Sec. 17-1 - 13 Establishment of Accounts A. TIle City's Finance Department shall establish an account to which interest is allocated for the service area tbr each category of capital facility for which an impact fee is i~nposed pursuant to this Chapter. Each impact fee collected shall be deposited in such account. (Ord. 95-685) B. Interest earned on the accouat into which impact fees are deposited shall be considered funds of the account and shall be used solely for the purposes COPPELL CJTY CODE, 1996 EDITION Chapter 17, Page 10,4 March. 1997 Supplement authorized by Chapter 395 of the Texas Local Goverument Code, as amended. (Ord. 95-685) C. The City's Finance Deparhnent shall establish adequate financial and accounting controls to ensure that impact fees disbursed from the account are utilized solely for the purposes authorized by Chapter 395 of the Texas Local Govermnent Code, as amended. Disbursement of funds shall be authorized by the City at such times as are reasonably necessary to carry out the purposes aud inteut of this Chapter, provided, however, that any fee paid will be expended within a reasonable period of time, but not to exceed ten (10) years from the date fee is deposited into the acconnt. (Ord. 95-685) D. The City's Finance Department shall maintaiu and keep financial records for impact fees, which sball show tbe source and disbursement of all lees collected or expended. The records of the acconnt into whicb impact fees are deposited shall be open for public inspection and copying during ordinary business hours. The City may establish a fee for copying services. (Ord. 91- 533.1 I Sec. 17-1 - 14 Use of Proceeds of Impact Fee Accounts A. The impact lees collected for the service area pursuant to this Chapter may be used to finance or to recoup the costs of any capital improvements or facilities expansions identified in the applicable impact fee capital improvements plan for the service area, including the construction contract price, surveying and engineering fees, land acquisition costs (including land purchased, court awards and costs, attorney's lees, and expert witness fees), and the fees actually paid or contracted to be paid to an iudependent qualified engineer or financial consultant preparing or updating the impact fee capital improvements plan who is not an employee of the political snbdivision. hnpact fees may also be used to pay the principal snm and interest and other finance costs on bonds, notes or other obligations issued by or on behalf of the City to fiuance such capital improvements or facilities expansions. (Ord. 95-685) B. Innpact fees collected pursuant to this Chapter shall not be used to pay for any of the following expenditnres: 1. construction, acquisition or expansion of capital improvements or assets other than those ideutified in the applicable impact fee capital improvements plan: (Ord. 91-533.1 ) 2. repair, operation or maintenance of existing or new capital improvements or facilities expansions; (Ord. 91-533.1 ) COPPELL ('IT)' CODE. 1996 EDITIOjV Chapter 1Z Page, IOA March, 1997 Suppleme~t 3. upgrading, expanding or replacing existing capital improvements to serve existing development in order to meet stricter safety. efficiency. environmental or reguIatory standards; (Ord. 91-533.1 ). 4. upgrading, expanding or replacing existing capital improvements to provide better service to existing development, provided. however. that impact t~es may be used to pay the costs of upgrading, expanding or replacing existing capital improvements in order to meet the need for new capital improvements generated by new development: (Ord. 91-533.I) 5. Administrative and operating costs of the City; (Ord. 95-685) or 6. Roadway facilities or roadway expansions in the extraterritorial jurisdiction of the City. (Ord. 95-685) COPPELL (TTY CODE, 1996 EDITION Chapter 17, Page IOA March, 1997 Supplement CC961NDX INDEX Subject Matter Chapter & Page Abandoned Motor Vehicle ....................................................................................................C4 4 Acting City Manager .............................................................................................................C 17 Adoption of: Emergency Management Plan (Civil Preparedness) ...............................................C 16 1 Local Sales and Use Tax .........................................................................................C 111 State Rules (Food Service) ......................................................................................C6 36 (Home Rule Charter) ...............................................................................................C 1 1 Agenda (Meetings) ..............................................................................................................C1 22 Airport: Elevation (Zoning) ..................................................................................................C 14 4 Hazard Area (Zoning) .............................................................................................C 14 4 Hazard (Zoning) ......................................................................................................C 14 4 Zone ........................................................................................................................C 14 4 Zoning Ordinance ....................................................................................................C 14 2 Zoning .....................................................................................................................C14 1 Alarm Site (Emergency Alarm, Defined) ...........................................................................C9 75 Alarm Systems {Emergency) ..............................................................................................C9 75 Amending or Additions to Code (General Provisions) .......................................................GP ii Amending or Repealing An Ordinance (Meetings) ............................................................C 1 25 Amendment of Charter .....................................................................................................HRC 45 Amendment to Rules (Meetings) ........................................................................................C i 20 Amusement Centers: Exemption ...............................................................................................................C6 17 License Application ................................................................................................C6 17 License Required .....................................................................................................C6 17 Regulations ..............................................................................................................C6 17 Animals: Animal Services Regulations ....................................................................................C9 1 Annual Elections ...............................................................................................................C 12 Anti-noise Code ................................................................................................................C985 Antique Auto (Vehicles) ...................................................................................................C930 Arson Reward (Fire) .........................................................................................................C 15 62 Assessment of Impact Fees ...............................................................................................C17 5 Assessment Policy (Street) ................................................................................................C3 17 COPPELL C'ITY CODE. 1996 EDITION Indoor. Page, 1 March, 1997 Supplement Subject Matter Chapter & Pa~,e Bicycle Helmets ..................................................................................................................C8 29 Boards and Commissions ......................................................................................................C2 1 Animals Services Appeals Board ............................................................................C2 23 Building and Standards Commission ......................................................................C2 14 Code Advisory and Appeals Board .........................................................................C2 21 Coppell Telecommunications Board .......................................................................C2 18 Creation of Joint Airport Zoning Board ..................................................................C 14 1 Library Board ............................................................................................................C2 1 Parks and Recreation Board ......................................................................................C2 4 Planning and Zoning Commission ..........................................................................C2 10 Bond Requirements (Peddlers and SoIicitors) ......................................................................C6 9 Bond (City Council) ...........................................................................................................HRC 9 Borrowing (Charter) .........................................................................................................HRC 30 Budget (Charter) ...............................................................................................................HRC 26 Building Code .....................................................................................................................C15 1 Buildings: Metal Buildings and Portable Buildings .................................................................C9 51 Moving of Buildings ...............................................................................................C9 43 Moving Permit ........................................................................................................C9 44 Portable Buildings Prohibited in Certain Areas ......................................................C9 52 Special Temporary Permit (Portable Building) .......................................................C9 52 Burglar Alarm Notification (Emergency Alarm, Defined) .................................................C9 75 Business (Regulations) ..........................................................................................................C6 1 Cameras and Recording Devices (Meetings) ......................................................................C1 27 Charter, Home Rule: Amendment of Charter .........................................................................................HRC 45 Assignment, Execution and Garnishment ............................................................HRC 42 Boards and Commissions .....................................................................................I-IRC 32 Borrowing ............................................................................................................HRC 30 Boundaries .............................................................................................................HRC 1 Budget ..................................................................................................................HRC 26 City Attorney ........................................................................................................HRC 13 City Council ...........................................................................................................HRC 3 City Engineer .......................................................................................................HRC 15 City Manager ..........................................................................................................HRC 9 COPPELL CITY CODE. 1996 EDITION Index. Page 11 March. 1997 Supplement Subject Matter Chapter & Page Designation of Numbers .....................................................................................................C3 11 Directional Signs .................................................................................................................C3 13 Excavations in Streets .........................................................................................................C3 13 Name Changes (City Map) .................................................................................................C I 3 Numbering - General Provisions ........................................................................................C3 11 Nambering Map ..................................................................................................................C3 13 Permit Required for Excavations ........................................................................................C3 13 Rear Numbering ..................................................................................................................C3 11 Release of Assessment Lien ................................................................................................C3 18 Subdivisions: Regulations (Regulation) ....................................................................................................C 13 1 Swimming Pool Fences (See Fences) ..............................................................................................C9 25 Tax, (Hotel Occupancy) Collection Fee .....................................................................................................................C6 22 Disposition of Revenue .......................................................................................................C6 22 Hotel Occupancy .................................................................................................................C6 21 Levy of Rate & Exceptioa ..................................................................................................C6 2 I Penalties ..............................................................................................................................C6 22 Reports ................................................................................................................................C6 22 Rules and Regulations .........................................................................................................C6 22 Tax, (Sales and Use Tax) .................................................................................................................C 111 Texas Municipal Retirement System ...............................................................................................C 18 Traffic: Control Devices (Traffic) ....................................................................................................C85 Director of Traffic Control and Traffic Engineer ...............................................................C85 One-Way Streets During Christmas Season .......................................................................C8 25 Owner Presumed to Have Parked Unattended Vehicle ......................................................C8 11 Parking (see parking) Passing School Buses ..........................................................................................................C8 25 Pedestrian No-Crossing Zone .............................................................................................C8 27 Prima Facie Proof. ...............................................................................................................C87 Prohibiting Commercial Advertising ..................................................................................C86 Regulations .........................................................................................................................C81 Regulations in Greenbelt Area (Traffic) .............................................................................C8 25 School Zoae Traffic Control Guidelines .............................................................................C8 7 COPPELL ('IT}' CODE, 1996 EDITION Index. Page XV March, 1997Supplement Subiect Matter Chapter & Page Speed of Emergency Vehicles ................................................................................C83 Speed of Vehicles ....................................................................................................C81 Traffic Control Devices ...........................................................................................C85 Truck Routes ...........................................................................................................C8 21 Weighing Loaded Vehicles .....................................................................................C8 24 Uniform Traffic Control Devices (Traffic) .........................................................................C85 Utilities (Water & Sewer) ...................................................................................................C31 Connection to Sewer Required ................................................................................C37 Discontinuance of Service .......................................................................................C39 Leakage on Customer Side ......................................................................................C310 Liability lbr Materials .............................................................................................C39 No Free Service .......................................................................................................C310 Payment of Bills ......................................................................................................C39 Repair of Water Lines .............................................................................................C34 Report Water Leaks .................................................................................................C34 Restoration of Service .............................................................................................C39 Senior Citizen Discount ..........................................................................................C310 Separate Meters Required .......................................................................................C34 Sewer Department ...................................................................................................C37 Sewer Rates (Monthly) ...........................................................................................C37 Tapping City Sewer Mains .....................................................................................C37 Tapping City Water Mains ......................................................................................C36 Transfer Account .....................................................................................................C310 Usage Estimation ....................................................................................................C39 Water and Sewer Regulations .................................................................................C39 Water Meter Deposit ...............................................................................................C34 Water Meters ...........................................................................................................C35 Water Rates (Monthly) ............................................................................................C33 Vacancies, Forfeiture and Filling of Vacancies (City Council) .........................................HRC 5 Vaccination Required (See Animal Services) .....................................................................C9 1 Vehicle: Antique Auto ...........................................................................................................C9 30 Collector ..................................................................................................................C9 30 Inoperable Vehicles .................................................................................................C9 30 Visibility Requirements (Regulations) ................................................................................C13 2 COPPELL CITY CODE, 1996 EDITION hzde:c, Page XVI March, 1997 Supplement