CODE OF ORDINANCES
City of
CLIFTON, TEXAS
Codified through
February 14, 2012
CODE OF ORDINANCES
CITY OF
CLIFTON, TEXAS
________
Published by Order of the City Council
________
OFFICIALS of the
CITY OF CLIFTON, TEXAS
AT THE TIME OF THIS CODIFICATION
________
Fred Volcansek
________
City Council
Mayor Pro Tem J.W. Thiele
Joann Gloff
Phillip Ramirez
Richard Spitzer
Rick Wimmer
________
City Administrator
Charles McLean
________
City Secretary
Pam Harvey
PREFACE
This Code constitutes a re-codification of the general and permanent ordinances of the
City of Clifton, Texas.
February 14, 2012 Clifton Code of Ordinances Page 1 Source materials used in the preparation of the Code were the 2005 Code and ordinances
subsequently adopted by the city council.
Chapter and Section Numbering System
The chapter and section numbering system used in this Code is the same system used
in many state and local government codes. Each section number consists of two parts
separated by a dash. The figure before the dash refers to the chapter number, and the figure
after the dash refers to the position of the section within the chapter. The style hierarchy is
Chapter, Article, Division, Section, and Normal. The MSWord master file styles are named to
this hierarchy, and the Table of Contents is keyed to these style settings.
Page Numbering System
The page numbering system used in this Code is sequential.
Copyright
All editorial enhancements of this Code are copyrighted by The City of Clifton, Texas.
Editorial enhancements include, but are not limited to: organization; table of contents, section
headings, state law references and numbering system. Such material may not be used or
reproduced for commercial purposes without the expressed written consent of the City of
Clifton, Texas.
© Copyrighted material.
The City of Clifton, Texas. 2012
February 14, 2012 Clifton Code of Ordinances Page 2 ADOPTING ORDINANCE NO. xxxx
AN ORDINANCE ADOPTING AND ENACTING A NEW CODE FOR THE CITY OF
CLIFTON, TEXAS; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT
INCLUDED THEREIN; PROVIDING A PENALTY FOR THE VIOLATION THEREOF;
PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING
WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE.
BE IT ORDAINED by the City Council of the City of Clifton, Texas:
Section 1. The Code entitled "Code of Ordinances, City of Clifton, Texas," consisting of chapters
1 through 93, each inclusive, is adopted.
Section 2. All ordinances of a general and permanent nature enacted on or before this date and
not included in the Code or recognized and continued in force by reference therein, are
repealed.
Section 3. The repeal provided for in section 2 above shall not be construed to revive any
ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by
this ordinance.
Section 4. Unless another penalty is expressly provided, every person convicted of a violation of
any provision of the Code, or any ordinance of the city, that governs fire safety, zoning or public
health and sanitation, including dumping of refuse, shall be punished by a fine not exceeding
$2,000.00, or by a fine not exceeding $500.00 for any other provision of the Code or ordinance
of the city. Each act of violation and each day upon which any such violation shall occur shall
constitute a separate offense. The penalty provided by this section, unless another penalty is
expressly provided, shall apply to the amendment of any Code section, whether or not such
penalty is reenacted in the amendatory ordinance. In addition to the penalty prescribed above,
the city may pursue other remedies such as abatement of nuisances, injunctive relief and
revocation of licenses or permits.
Section 5. Additions or amendments to the Code when passed in such form as to indicate the
intention of the city council to make the same a part of the Code shall be deemed to be
incorporated in the Code, so that reference to the Code includes the additions and
amendments.
Section 6. Ordinances adopted after this date that amend or refer to ordinances that have been
codified in the Code shall be construed as if they amend or refer to like provisions of the Code.
Section 7. This ordinance shall become effective upon adoption.
PASSED AND ADOPTED by the city council this xxxx.
Signed,
Attest,
________________________
________________________
Fred Volcansek, Mayor
Pamela Harvey, City Secretary
February 14, 2012 Clifton Code of Ordinances Page 3 CHAPTER 1 GENERAL PROVISIONS ............................................................................................................... 6 CHAPTER 2 ADMINISTRATION .................................................................................................................... 10 CHAPTERS 3 THRU 5 RESERVED ................................................................................................................ 30 CHAPTER 6 ADVERTISING ........................................................................................................................... 30 CHAPTERS 7 THRU 9 RESERVED ................................................................................................................ 30 CHAPTER 10 ANIMALS ................................................................................................................................ 30 CHAPTERS 11 THRU 13 RESERVED ............................................................................................................. 37 CHAPTER 14 AVIATION ............................................................................................................................... 37 CHAPTERS 15 THRU 17 RESERVED ............................................................................................................. 49 CHAPTER 18 BUILDINGS AND BUILDING REGULATIONS ............................................................................ 49 CHAPTER 19 BUSINESS REGULATIONS ....................................................................................................... 69 CHAPTERS 20, 21 RESERVED ...................................................................................................................... 86 CHAPTER 22 CIVIL EMERGENCIES .............................................................................................................. 86 CHAPTERS 23 THRU 25 RESERVED ............................................................................................................. 88 CHAPTER 26 COURTS ................................................................................................................................. 88 CHAPTERS 27 THRU 29 RESERVED ............................................................................................................. 90 CHAPTER 30 ELECTIONS ............................................................................................................................. 90 CHAPTERS 31 THRU 33 RESERVED ............................................................................................................. 92 CHAPTER 34 ENVIRONMENT ...................................................................................................................... 93 CHAPTERS 35 THRU 37 RESERVED ........................................................................................................... 103 CHAPTER 38 FIRE PREVENTION AND PROTECTION .................................................................................. 103 CHAPTERS 39 THRU 41 RESERVED ........................................................................................................... 108 CHAPTER 42 FLOODS ................................................................................................................................ 108 CHAPTERS 43 THRU 45 RESERVED ........................................................................................................... 119 CHAPTER 46 LAW ENFORCEMENT ........................................................................................................... 119 CHAPTERS 47 THRU 55 RESERVED ........................................................................................................... 121 CHAPTER 56 NATURAL RESOURCES ......................................................................................................... 121 CHAPTERS 57 THRU 59 RESERVED ........................................................................................................... 122 CHAPTER 60 OFFENSES AND MISCELLANEOUS PROVISIONS ................................................................... 122 CHAPTERS 61 THRU 63 RESERVED ........................................................................................................... 127 CHAPTER 64 PARKS AND RECREATION .................................................................................................... 127 CHAPTERS 65 THRU 67 RESERVED ........................................................................................................... 128 CHAPTER 68 PEDDLERS AND SOLICITORS ................................................................................................ 128 February 14, 2012 Clifton Code of Ordinances Page 4 CHAPTERS 69 THRU 71 RESERVED ........................................................................................................... 131 CHAPTER 72 SOLID WASTE ....................................................................................................................... 131 CHAPTERS 73 THRU 75 RESERVED ........................................................................................................... 133 CHAPTER 76 STREETS, SIDEWALKS AND OTHER PUBLIC PLACES ............................................................. 133 CHAPTER 77 SUBDIVISIONS...................................................................................................................... 134 CHAPTERS 78 THRU 79 RESERVED ........................................................................................................... 159 CHAPTER 80 TAXATION ............................................................................................................................ 159 CHAPTERS 81 THRU 83 RESERVED ........................................................................................................... 168 CHAPTER 84 TRAFFIC AND VEHICLES ....................................................................................................... 168 CHAPTERS 85 THRU 87 RESERVED ........................................................................................................... 183 CHAPTER 88 UTILITIES .............................................................................................................................. 183 CHAPTERS 89 THRU 91 RESERVED ........................................................................................................... 206 CHAPTER 92 VEHICLES FOR HIRE ............................................................................................................. 206 CHAPTER 93 ZONING ................................................................................................................................ 208 February 14, 2012 Clifton Code of Ordinances Page 5 CODE OF ORDINANCES CHAPTER 1 GENERAL PROVISIONS Sec. 1­1. How the Code is designated and cited. The ordinances embraced in this and the following chapters and sections shall constitute and be designated the "Code of Ordinances, City of Clifton, Texas," and may be so cited. Such Code may also be cited as the "Clifton City Code." State law references: Authority of city to adopt a codification of its civil and criminal ordinances, V.T.C.A., Local Government Code § 53.001. Sec. 1­2. Definitions and rules of construction. In the construction of this Code, and of all ordinances and resolutions passed by the city council, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the city council: Alderman. The term "alderman" shall be construed to mean a member of the council of the City of Clifton and shall include the terms "councilman” and “councilmember”. City. The terms “City”, "the city" or "this city" shall mean the City of Clifton, in the County of Bosque and State of Texas. City officers, agencies. The terms "city secretary," "mayor," "chief of police" or other city officers, employees, departments, boards, commissions or agencies shall be construed to mean the city secretary, mayor, chief of police or such other municipal officers, employees, departments, boards, commissions or agencies, respectively, of the City of Clifton, Texas. February 14, 2012 Code. Whenever the term "Code" or "this Code" is referred to without further qualification, it shall mean the Code of Ordinances, City of Clifton, Texas, as designated in section 1‐1. Computation of time. In computing a period of days, the first day is excluded and the last day is included. If the last day of any period is a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. If a number of months is to be computed by counting the months from a particular day, the period ends on the same numerical day in the concluding month as the day of the month from which the computation is begun, unless there are not that many days in the concluding month, in which case the period ends on the last day of that month. Council. Whenever the term "council" or "city council" or "the council" is used, it shall mean the city council of the City of Clifton, Texas. County. The term "the county" or "this county" shall mean the County of Bosque in the State of Texas. Extra Territorial Jurisdiction (ETJ) ‐ . That area lying outside and within one‐half mile of any contiguous boundary of the City of Clifton. (Ref LGC Sec 212.002 ,et seq,, Ord 060202) Gender. The masculine gender includes the feminine and neuter genders. Highway. The term "highway" means the width between the boundary lines of a publicly maintained way any part of which is open to the public for vehicular travel. Joint authority. Terms purporting to give authority to three or more officers or other persons shall be construed as giving such authority to a majority of such officers or other persons, unless it is otherwise declared. Month. The term "month" shall mean a calendar month. Number. Any word importing the singular number shall include the plural, and any word Clifton Code of Ordinances Page 6 importing the plural number shall include the singular. Oath. The term "oath" shall be construed to include an affirmation, and the terms "swear" and "sworn" shall be equivalent to the terms "affirm" and "affirmed." Or, and. The term "or" may read "and," and the term "and" may be read "or" if the sense requires it. Owner. The term "owner," applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or of a part of such building or land. Person. The term "person" includes any individual, corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. Preceding, following. The terms "preceding" and "following" mean next before and next after, respectively. Roadway. The term "roadway" shall mean the portion of a highway, other than the berm or shoulder, that is improved, designed or ordinarily used for vehicular travel. If a highway includes at least two separate roadways, the term applies to each roadway separately. Shall, may. The term "shall" is mandatory; the term "may" is permissive or discretionary. Sidewalk. The term "sidewalk" shall mean any portion of the street between the curb, or the lateral line of the roadway and the adjacent property line, intended for the use of pedestrians. Signature or subscription. The term "signature" or "subscription" shall include the mark of a person unable to write. State. The term “State”, "the state" or "this state" shall be construed to mean the State of Texas. February 14, 2012 Street. The term "street" shall mean the width between the boundary lines of a publicly maintained way any part of which is open to the public for vehicular travel. Tense. Words used in the past or present tense include the future as well as the past and present. Vernon's Ann. C.C.P. The term "Vernon's Ann. C.C.P." means Vernon's Annotated Code of Criminal Procedure, as amended. Vernon's Ann. Civ. St. The term "Vernon's Ann. Civ. St." means Vernon's Annotated Civil Statutes, as amended. V.T.C.A. The term "V.T.C.A." means Vernon's Texas Codes Annotated, as amended. Written or in writing. The term "written" or "in writing" shall be construed to include any representation of words, letters or figures, whether by writing, printing or other means. Year. The term "year" shall mean a calendar year. State law references: Definitions generally, V.T.C.A., Government Code chs. 311, 312; definitions pertaining to traffic, V.T.C.A., Transportation Code ch. 541. Sec. 1­3. Section headings. The headings of the sections of this Code printed in boldface type are intended to indicate the contents of the section and shall not be deemed or taken to be titles of such sections, nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the headings, are amended or reenacted. No provision of this Code shall be held invalid by reason of deficiency in any such heading or title to any chapter, article, division or section. Sec. 1­4. History notes. The history notes appearing in parentheses after sections in this Code are not intended to have any legal effect but are merely intended to indicate the source of matter contained in the sections. Clifton Code of Ordinances Page 7 Sec. 1­5. Editor's notes and references. The editor's notes, cross references and state law references in this Code are not intended to have any legal effect but are merely intended to assist the user of this Code. Sec. 1­6. Certain actions and ordinances not affected by Code. Nothing in this Code or the ordinance adopting this Code shall affect any of the following: 1. Any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing before the effective date of this Code; 2. Any ordinance or resolution promising or guaranteeing the payment of money for the city or authorizing the issuance of any bonds of the city or any evidence of the city's indebtedness; 3. Any contract or obligation assumed by the city; 4. Any ordinance fixing the salary or other compensation of any city officer or employee; 5. Any right or franchise granted by the city; 6. Any ordinance dedicating, naming, establishing, locating, relocating, opening, widening, paving, etc., any street or public way in the city; 7. Any appropriation ordinance; 8. Any ordinance which, by its own terms, is effective for a stated or limited term; 9. Any ordinance providing for local improvements and assessing taxes for such improvements; 10. Any ordinance pertaining to subdivision regulations or dedicating or accepting any subdivision plat; 11. Any ordinance describing or extending the boundaries of the city; 12. Any ordinance relating to municipal street maintenance agreements with the state; 13. Any ordinance or resolution designating one‐way streets, stop intersections, intersections at which traffic control signals are to be installed, areas or spaces in which February 14, 2012 the parking of vehicles is prohibited or limited, intersections at which the turning of vehicles is prohibited, restricted or regulated, loading zones, or any other ordinance regulating traffic on specific streets or portions of streets or in specific areas of the city; 14. Any ordinance prescribing rates for telephone, gas or other utility companies or prescribing street rental charges to be paid by utility companies; 15. Any ordinance pertaining to zoning, rezoning or the zoning map; 16. Any special ordinance; 17. Any ordinance establishing fees, deposits, etc.; 18. Any ordinance establishing fire limits;and all such actions and ordinances are recognized as continuing in full force and effect to the same extent as if set out at length in this Code. Sec. 1­7. Amendments or additions to Code. 1) All ordinances passed subsequent to this Code which amend, repeal or in any way affect this Code may be numbered in accordance with the numbering system of this Code and printed for inclusion in the Code. When subsequent ordinances repeal any chapter, section or subsection or any portion of a chapter, section or subsection, such repealed portions may be excluded from the Code by their omission from reprinted pages. The subsequent ordinances as numbered and printed, or omitted in the case of repeal, shall be prima facie evidence of such subsequent ordinances until such time as this Code and subsequent ordinances numbered or omitted are readopted as a new code by the city council. 2) Amendments to any of the provisions of this Code shall be made by amending such provisions by specific reference to the section number of this Code in the Clifton Code of Ordinances Page 8 following language: "That section ________ of the Code of Ordinances, City of Clifton, Texas, is hereby amended to read as follows: . . . ." The new provisions shall then be set out in full as desired. 3) If a new section not heretofore existing in the Code is to be added, the following language shall be used: "That the Code of Ordinances, City of Clifton, Texas, is hereby amended by adding a section, to be numbered ________, which section reads as follows: . . . ." The new section shall then be set out in full as desired. 4) All sections, articles, chapters or provisions desired to be repealed shall be specifically repealed by section, article or chapter number, as the case may be. Sec. 1­8. Supplementation of Code. 1) By contract or by city personnel, supplements to this Code shall be prepared and printed whenever authorized or directed by the council. A supplement to the Code shall include all substantive parts of permanent and general ordinances passed by the council during the period covered by the supplement and all changes made by the supplement in the Code. The sections of a supplement shall be so numbered that they will fit properly into the Code and will, where necessary, replace sections which have become obsolete or partially obsolete; and the new sections shall be so prepared that, when they have been inserted, the Code will be current through the date of adoption of the latest ordinance included in the supplement. 2) In the preparation of a supplement to this Code, all portions of the Code which have been repealed shall be February 14, 2012 excluded from the Code by their omission. 3) When preparing a supplement to this Code, the codifier (the person authorized to prepare the supplement) may make non‐substantive changes in ordinances and parts of ordinances included in the supplement, insofar as it is necessary to do so to embody them into a unified code. For example, the codifier may: a. Organize the ordinance material into appropriate subdivisions. b. Provide appropriate headings and titles for sections and other subdivisions of the Code printed in the supplement, and make changes in such headings and titles. c. Assign appropriate numbers to sections and other subdivisions to be inserted in the Code and, where necessary to accommodate new material, change existing section or other subdivision numbers. d. Change the words "this ordinance" or words of the same meaning to "this chapter," "this article," "this division," etc., as the case may be, or to "sections ________ to ________" (inserting section numbers to indicate the sections of the Code which embody the substantive sections of the ordinance incorporated in the Code). e. Make other non‐substantive changes necessary to preserve the original meaning of the ordinance sections inserted into the Code, but in no case shall the codifier make any change in the meaning or effect of ordinance material included in the supplement or already embodied in the Code. Sec. 1­9. General penalty; continuing violations. 1) Where no specific penalty is provided: 2) The maximum fine for violating provisions of this Code, or other city Clifton Code of Ordinances Page 9 ordinances that govern fire safety, zoning or public health and sanitation, including dumping of refuse, shall be $2,000.00 per separate and distinct offense. 3) The maximum fine for violation of all provisions of this Code, or other city ordinances not enumerated in subsection (a)(1) of this section shall be $500.00 per separate and distinct offense. 4) Each day any violation of this Code or any ordinance continues shall constitute a separate and distinct offense. 5) No penalty shall be greater or less than the penalty provided for the same or a similar offense under the laws of the state. State law references: Authority of city to adopt appropriate penalties for violations of Code, V.T.C.A., Local Government Code § 53.001; penalties for violation of ordinances, V.T.C.A., Local Government Code § 54.001. words, “Clifton” and “Texas” below with a separator and tagline on the right side. Samples inserted below. The color shall be either black or Pantone 355 green. To ensure that the logo will never have to compete visually with other graphic elements, a minimum 20% of the width of the logomark space clearance from any part of the logomark, words, or tagline is required. Minimum width of the logomark portion of the logo is 0.75 inches. When using the logo on a white background the logo must be approved green or black. When using the logo on an approved green or black background the logo must be white. Logomark only: Logomark with “Clifton” and “Texas”: Sec. 1­10. Severability of parts of Code. It is the intention of the city council that the sections, paragraphs, sentences, clauses and phrases of this Code are severable; and if any phrase, clause, sentence, paragraph or section of this Code, or its application to any persons or circumstances, shall be declared unconstitutional or otherwise invalid by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code, or their application, since they would have been enacted by the city council without the incorporation in this Code of any such unconstitutional or invalid phrase, clause, sentence, paragraph or section. Logomark with tagline: Sec. 1­11. City logo. The logo is designed to be used three ways: logomark only; logomark with the words, “Clifton” and “Texas” below ; logomark with the February 14, 2012 CHAPTER 2 ADMINISTRATION State law references: Elections, V.T.C.A., Election Code § 1.001 et seq.; extraterritorial Clifton Code of Ordinances Page 10 jurisdiction of municipalities, V.T.C.A., Local Government Code § 42.001 et seq.; municipal finances, V.T.C.A., Local Government Code ch. 101 et seq.; compensation and expenses of officers and employees, V.T.C.A., Local Government Code § 141.001 et seq.; open meetings, V.T.C.A., Government Code ch. 551; public information, V.T.C.A., Government Code ch. 552. A majority of the number of aldermen established by V.T.C.A., Local Government Code § 22.031 for the city constitutes a quorum. However, at a called meeting or at a meeting to consider the imposition of taxes, two‐thirds of the number of aldermen established by that section constitutes a quorum unless provided otherwise. State law references: Similar provisions, V.T.C.A., Local Government Code § 22.039. ARTICLE I. IN GENERAL Sec. 2­1. Classification of city. The city is a type A general law municipality pursuant to V.T.C.A., Local Government Code § 5.001(3). State law references: Type A general law municipality, V.T.C.A., Local Government Code chs. 6, 21, 22. Secs. 2­2 thru 2­35. Reserved. ARTICLE II. CITY COUNCIL State law references: Governing body, V.T.C.A., Local Government Code § 22.031 et seq. Sec. 2­36. Governing body; composition. The governing body of the city shall consist of a city council composed of the mayor and five aldermen. State law references: Similar provisions, V.T.C.A., Local Government Code § 22.031(b). Sec. 2­37. Meetings generally. The city council shall hold one regular meeting each month at such time as is fixed by resolution of the council. The mayor, on his own motion or on the application of three aldermen, may call special meetings of the council, by notice to each member of the council, the city administrator, the city secretary and the city attorney, served personally or left at their usual place of abode. State law references: Duty of council to hold regular meetings and procedure for calling special meetings, V.T.C.A., Local Government Code § 22.038. February 14, 2012 Sec. 2­38. Quorum. Secs. 2­39 thru 2­70. Reserved. ARTICLE III. OFFICERS AND EMPLOYEES DIVISION 1. GENERALLY Sec. 2­71. City officers designated; election and appointment of officers. In addition to the mayor and aldermen, the officers of the city shall be a city administrator, a secretary, an attorney, a chief of police, an engineer, a health officer, a treasurer, an assessor and collector and such other officers as the council may establish. The mayor and aldermen shall be elected by the people. All other officers shall be appointed by the mayor by and with the consent of the city council. State law references: Designation of officers of type A general law municipality, V.T.C.A., Local Government Code § 22.071. Sec. 2­72. Oath of city officers. Each person elected by the electors of the city or by the city council to any city office shall, before entering upon the duties of such office, take and subscribe the official oath prescribed in the constitution of this state; and the oath shall be filed with the city secretary. State law references: Oath for elected or appointed officer, V.T.C.A., Local Government Code § 22.005. Sec. 2­73. Compensation and duties of officers and employees. Clifton Code of Ordinances Page 11 The city council shall fix the compensation of all officers and employees of the city and prescribe general and special duties to be performed by each. State law references: Compensation of officers, V.T.C.A., Local Government Code § 141.001. Sec. 2­74. Code Enforcement Officer. Sec. 2­122. Residence The administrator may or may not be a resident of the city when appointed, but during the term of his office shall reside in close proximity to the city. Sec. 2­123. Term of office. The administrator shall be appointed for an indefinite period and shall be subject to discharge at the will of the city council. After other following methods (such as verbal and written notices or abatement by the City) of enforcing compliance with the City Code of Ordinances have failed, a Clifton Code Enforcement Officer is empowered by the City Council to issue a citation or notice to appear before the City Municipal Court Judge. During the absence or disability of the administrator, the council shall designate some properly qualified person to perform the duties of the office. Secs. 2­75 thru 2­95. Reserved. Sec. 2­125. Powers and duties. DIVISION 2. MAYOR The powers and duties of the administrator shall be to: Sec. 2­96. General duties. The mayor shall perform all duties incumbent upon an executive head of a city government as provided in the statutes of the state. State law references: Powers and duties of mayor, V.T.C.A., Local Government Code §§ 22.042, 341.011. Sec. 2­97. Veto power. The mayor shall have power to veto any ordinance or resolution of the city council by filing his objections with the secretary within three days after its passage, and it shall require a majority vote of all aldermen to pass any such resolution or ordinance over his veto. State law references: Veto power of mayor, V.T.C.A., Local Government Code § 52.003. Secs. 2­98 thru 2­120. Reserved. DIVISION 3. CITY ADMINISTRATOR Sec. 2­121. Status. The city administrator shall be the administrative head of the municipal government under the direction and supervision of the mayor and city council. February 14, 2012 Sec. 2­124. Absence or disability. 1) Devote all of his working time and attention to the affairs of the city, and be responsible to the city council for the efficient administration of its affairs. 2) See that all laws and ordinances are enforced. 3) Recommend to the city council the appointment or removal of the heads of departments and shall have the responsibility of hiring or removing, directly or through other department heads, other city employees with the exception of law enforcement officers. 4) Exercise supervision and control over departments created by the council or that may be created by the council, as the council may direct. 5) Attend all meetings of the council with the right to take part in the discussion, but having no vote. 6) See that all terms and conditions imposed in favor of the city and its inhabitants in any public utility franchise are faithfully kept and performed and upon knowledge of any Clifton Code of Ordinances Page 12 violation of such franchise to call the violation to the attention of the council. 7) Act as budget officer and as such to prepare and submit to the council, prior to the beginning of each fiscal year, a budget of proposed expenditures for the ensuing year, showing in as much detail as practicable the estimated amounts required by months for the efficient operation of each department of the city government and the reasons for such estimated expenditures 8) Make and file a budget as required by state law. 9) Make a full written report to the council as soon after the close of each month's accounts as possible, showing the operation and expenditures of each department for the preceding month, and a comparison of such monthly expenditures, by departments, with the monthly allowances made for such departments in the annual budget, and to keep the council fully advised at all times as to the financial condition and needs of the city. Act as purchasing agent for the city and to purchase all merchandise, material and supplies needed by the city; and may establish, if needed, a suitable storehouse where such supplies shall be kept and from which same shall be issued as needed; and adopt such rules and regulations governing requisitions and transactions of business between himself as purchasing agent and the heads of the departments, officers and employees of the city as the council may approve. As purchasing agent, give opportunity for competition on purchases and sales, except when the nature of the purchase or sale is such that competition is impossible or impracticable. All purchases in excess of $15,000.00, except of real estate, or rights or easements in real estate, shall be by contract to the lowest responsible February 14, 2012 bidder; and all sales in excess of $500.00, except of real estate or rights or easements in real estate, shall be made to the highest bidder after public notice and the receipt of sealed bids unless the council, by ordinance, determines that it is impossible or impracticable to purchase or sell in such a manner, or unless the state law specifies otherwise. All sealed bids received shall be opened in public and thereafter shall be subject to public inspection. The council may reject all bids and require advertisement for new bids. The purchasing agent may require successful bidders to furnish security conditioned upon the faithful performance of their contract or conditioned upon the payment of the wages and compensation of all laborers employed on work for which the contract is made by the contractor, subcontractor, agent or any other person, or condition of both. The purchasing agent shall not let any contract for periods exceeding one year for street lighting, public improvement, labor or supplies without the approval of the council. In case of accident or other circumstances creating an emergency, the administrator may, with the consent of the council, award contracts and make purchases for the purpose of repairing damages caused by accident or avoiding a public emergency; but immediately afterwards, he shall file with the mayor a certificate showing such emergency and the necessity of such action, together with an itemized account of all expenditures. 12) Recommend/submit to the council the salaries to be paid each appointive officer and subordinate employee of the city; and it shall be the duty of the Clifton Code of Ordinances Page 13 5) Take charge of, arrange and maintain the records of the council; council to fix such rates of compensation. 13) Recommend to the council, in writing, for adoption, such measures as he may deem necessary or expedient. 14) Do and perform such other duties as may be prescribed by ordinance or resolution of the council. State law references: Municipal budget, V.T.C.A., Local Government Code ch. 102; purchasing and contracting authority of municipalities, V.T.C.A., Local Government Code ch. 252. Sec. 2­126. Compensation and bond. The administrator shall receive such compensation as the council shall fix and shall furnish such surety bond as may be required by the council, the premium to be paid by the city. State law references: Authority of council to require officers to give bond, V.T.C.A., Local Government Code § 22.072(c). Sec. 2­127. Effect of conflicting ordinances. All ordinances of the city prescribing the duties of heads of departments shall remain in full force and effect except insofar as they conflict with the provisions of this division, in which case the provisions of this division shall govern. Secs. 2­128 thru 2­150. Reserved. DIVISION 4. CITY SECRETARY Sec. 2­151. General powers and duties. 1) The city secretary shall attend each meeting of the city council and shall keep, in a record provided for that purpose, accurate minutes of the council's proceedings. 2) The secretary shall: 3) Engross and enroll all laws, resolutions and ordinances of the council; 4) Keep the corporate seal; February 14, 2012 6) Countersign all commissions issued to city officers and all licenses issued by the mayor, and keep a record of those commissions and licenses; and 7) Prepare all notices required under any regulation or ordinance of the city. 8) The secretary shall notify the state judicial council of the name of each person who is elected or appointed as mayor, municipal court judge, or clerk of the municipal court of the city. The secretary shall notify the judicial council within 30 days after the date of the person's election or appointment. 9) The secretary shall draw all the warrants on the treasurer, countersign the warrants, and keep, in a record provided for that purpose, an accurate account of the warrants. 10) The secretary serves as the general accountant of the city and shall keep regular accounts of the city's receipts and disbursements. The secretary shall keep each cause of receipt and disbursement separately and under proper headings. The secretary shall also keep separate accounts with each person, including each officer, who has monetary transactions with the city. The secretary shall credit accounts allowed by proper authority and shall specify the particular transaction to which each entry applies. The secretary shall keep records of the accounts and other information covered by this subsection. 11) The secretary shall keep a register of bonds and bills issued by the city and all evidence of debt due and payable to the city, noting the relevant particulars and facts as they occur. 12) The secretary shall carefully keep all contracts made by the council. Clifton Code of Ordinances Page 14 13) The secretary shall perform all other duties required by law, ordinance, resolution or order of the council. State law references: Similar provisions, V.T.C.A., Local Government Code § 22.073. Sec. 2­152. Bond. payments. The statement must be rendered at the council's first regular meeting in every quarter and at other times as required by the council. 4) The treasurer shall perform other acts and duties as the council requires. The city secretary shall give bond for the faithful performance of his duties in such sum and conditions as may be fixed and determined by the city council, to be approved by the city council. State law references: Similar provisions, V.T.C.A., Local Government Code § 22.075; authority of council to require officers to give bond, V.T.C.A., Local Government Code § 22.072(c). State law references: Authority of council to require officers to give bond, V.T.C.A., Local Government Code § 22.072(c). Sec. 2­177. Deposit of funds. Secs. 2­153 thru 2­175. Reserved. DIVISION 5. CITY TREASURER Sec. 2­176. Bond and duties. 1) The treasurer of the city shall execute a bond. The bond must: a. Be in favor of the city; b. Be in the form and amount required by the city council; c. Have security approved as sufficient by the city council; and d. Be conditioned that the treasurer will faithfully discharge the duties of the office. 2) The treasurer shall receive and securely keep all money belonging to the city. The treasurer shall make all payments on the order of the mayor, attested by the city secretary under the seal of the city. The treasurer may not pay an order unless the face of the order shows that the council directed the issuance of the order and shows the purpose for which it is issued. 3) The treasurer shall render to the council a full statement of the receipts and February 14, 2012 The city treasurer shall deposit the city funds in such depositories as may be selected as is provided by statute. State law references: Depositories for municipal funds, V.T.C.A., Local Government Code ch. 105. Sec. 2­178. Records and accounts. The treasurer shall keep such records showing all money received by him, the source from which it was received, and the purpose for which it was paid out; and he shall keep a record showing at all times the financial status of the city. The treasurer shall keep such books and accounts as may be required by the city council and shall keep them in the manner required by law. Sec. 2­179. Monthly and annual reports. The treasurer shall make monthly reports to the council showing the state of the finances of the city, and the amounts received and spent during the month, which reports shall be filed; and he shall make an annual report at the close of the fiscal year with the total amount of all receipts and expenditures of the city and his transactions during the preceding year. Sec. 2­180. Register of warrants. The treasurer shall keep a register of all warrants, bonds or orders filed by him or paid by him, and all vouchers, as is required by this division. Clifton Code of Ordinances Page 15 Secs. 2­181 thru 2­205. Reserved. DIVISION 6. SOCIAL SECURITY State law references: Social security for municipal employees, V.T.C.A., Government Code ch. 606. Sec. 2­206. Execution of agreements. The city council, acting for and on behalf of the city, shall enter into all necessary agreements with the Employees Retirement System of Texas for the purpose of securing federal social security benefits for city employees as prescribed in applicable state and federal laws. The mayor is appointed as agent of the city council and of the city to execute all necessary agreements and instruments for and in behalf of the city council and the city. Sec. 2­207. Duties of city secretary. The city secretary is directed to be the person responsible for making assessments, collections, payments and reports, as required by the Employees Retirement System of Texas, in connection with the federal social security program. Sec. 2­208. Fund established. A sufficient sum of money shall be allocated and set aside from available funds for the purpose of carrying out the provisions of the federal social security program under applicable state and federal laws, such money so allocated and set aside to be known as the City of Clifton Social Security Fund, which fund shall be set aside and maintained in the regular city depository. Secs. 2­209 thru 2­240. Reserved. ARTICLE IV. BOARDS AND COMMISSIONS DIVISION 1. GENERALLY Secs. 2­241. Reserved. DIVISION 2. PLANNING AND ZONING COMMISSION February 14, 2012 State law references: Zoning Commission, V.T.C.A., Local Government Code § 211.007. Sec. 2­242. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: City means the City of Clifton Commission means the Planning and Zoning Commission for the City. Sec. 2­243. Created. There is created a Planning and Zoning Commission for the City, composed of not less than five nor more than seven members, each of whom shall be a resident taxpaying citizen of the City. Sec. 2­244. Appointment of members. The mayor shall appoint the members of the Commission, and each person so appointed must be approved by two‐thirds majority of the City Council present and voting. The Commission shall consist of not less than five nor more than seven members. The regular term of office shall be three years. At the option of the mayor, and with two‐thirds majority approval of the City Council present and voting, terms may be staggered such that the terms of not less than one nor more than three persons ends in any one year. The term of office for all members shall commence immediately upon appointment, and shall end on January 1 of the calendar year during which the term is due to expire. A member may be removed for cause by a three‐fourths vote of the City Council. A member who is absent from three consecutive meetings shall be considered in neglect, and subject to removal. It is recommended that members not serve multiple consecutive terms, provided however that this recommendation shall not be construed to strictly forbid reappointment. Vacancies created by resignation or removal shall be filled in the same manner prescribed for all appointees, Clifton Code of Ordinances Page 16 provided that replacement appointees will serve the remainder of the unexpired term and shall then be eligible for reappointment. calendar years or (b) the completion of that member's term of office. The secretary shall serve at the pleasure of the chairman. Sec. 2­245. Statutes adopted. Sec. 2­248. Powers and duties. State statutes authorizing and empowering cities to regulate the platting and recording of subdivisions or additions situated within the corporate limits, and establishing extraterritorial jurisdiction within one‐half mile of the City (V.T.C.A., Local Government Code ch. 212), are adopted for and on behalf of the City; and the City, acting through its duly authorized officials, shall have all the rights, powers, privileges and authority authorized and granted by and through those statutes. The Commission shall have the power and it shall be its duty to: Sec. 2­246. Advice from city officials. All department heads, officials of the City, and technical consultants employed by the City shall be available to the Commission for advice and consultation; and they shall cooperate with and render such services for the Commission as shall come within the scope of the duties of such department heads and officials. All such department heads and officials shall attend meetings of the Commission upon the written request of the Commission or its duly authorized official. Sec. 2­247. Officers. As soon as practicable after appointment, the Commission shall elect one of its members as chairman and one as vice chairman. The chairman or vice chairman shall preside at all meetings of the Commission and all communications to the planning and zoning Commission shall be addressed to the chairman. The Commission shall conduct meetings as deemed necessary by the chairman. The chairman shall appoint a Commission member to act as secretary, whose duties it will be to keep the minutes of the proceedings of the Commission and execute all correspondence or communications under the direction of the chairman or vice chairman. The term of office for the chairman and vice chairman shall end at the earlier of (a) two February 14, 2012 1) Make studies and project plans for the improvement of the City with a view for future development and extension, and recommend to the City Council all matters for the development and improvement of the City's facilities, and shall pass upon the application for plats requested under V.T.C.A., Local Government Code ch. 212. 2) Make plans and maps of the whole or any part or portion of the City and of land outside the City, which, in the opinion of the Commission, bears a relation to the planning of the City, and to make changes in, additions to, and extensions of such plans or maps when it deems the changes, additions and extensions advisable. 3) Confer with and advise private property owners pertaining to location and erection of private structures with the view of having them conform to the overall City plan, and advise the building inspectors and department of public works in the performance of their duties. 4) Advise all other City and governmental agencies, and particularly the City Council, in formulating and executing proper plans of the City's development and growth. 5) Evaluate and recommend the locations, scope, character and standards for streets, roads, alleyways, viaducts, bridges, subways, parkways, airports, automobile parking places, utilities, public buildings, schools, parks, playgrounds, railroads, water, lights, sanitation, sewerage, sewage disposal, drainage, flood control, transportation terminals, communication, marketing and shipping facilities, power and other facilities; and for the removal, relocation, widening, extension, narrowing, vacating, abandoning or changing of Clifton Code of Ordinances Page 17 use of any of such public places, facilities and utilities. 6) Select and recommend to the City Council routes of streets, avenues and boulevards, including the opening, widening and abandoning of the same or of any alley, or their changing to conform with the City's system, present and future, with reference to traffic, land use and public facilities. 7) Evaluate and make recommendations to the City Council upon the layout or platting of any new subdivision of the City, or of property situated within one‐half mile of the city limits, and to approve, approve conditionally or disapprove modification of all plans, plats or replats of additions within the city limits or within one‐half mile of the City. 8) Recommend to the City Council plans for clearance of slums and blighted areas, the prevention of the spread of blight and dilapidation and improvement of housing conditions. 9) Make any recommendations concerning current and future zoning plans. 10) Recommend to the City Council passage of such ordinances or ordinance amendments as may be necessary to carry out the Commission's program. Sec. 2­249. Reserved. qualified voters of the city, unless this qualification shall be waived by a majority vote of the city council. 2) Each member shall be appointed by the city council. 3) The city council will consider for appointment to the board only those persons who have demonstrated their civic interest, general knowledge of the community, sound and logical judgment, interest in parks and recreation and availability to prepare for and attend meetings. It is the intent of the city council that the members shall constitute a board which is broadly representative of the community and various parks and recreation interests. 4) The city council shall attempt to seek members from the various community/civic clubs, softball/baseball organizations, pool users, American Legion, school district, and tourism/special event interests. Sec. 2­252. Terms; vacancies and compensation. 1) The terms of four members of the board shall expire on September 30 of all odd‐numbered years, and the terms of three members shall expire on September 30 of all even‐numbered years. 2) Vacancies shall be filled for the remainder of the unexpired term. DIVISION 3. PARKS AND RECREATION ADVISORY BOARD 3) No member shall be appointed for a term greater than two years, but may be re‐appointed to succeed themselves. Sec. 2­250. Created. 4) The members of the board shall serve without compensation. The parks and recreation advisory board is hereby created. Sec. 2­251. Composition; appointment and qualifications of members. 1) The parks and recreation advisory board shall be composed of five February 14, 2012 Sec. 2­253. Officers and meetings. 1) The parks and recreations advisory board shall hold an organizational meeting in October of each year and shall at that meeting elect a chair and Clifton Code of Ordinances Page 18 vice‐chair from the appointed members before proceeding to any other matter of business. 2) The chair shall preside at all meetings. 3) The board shall elect a secretary and such other officers as it deems necessary. 4) All meetings of the board shall be held in accordance with the Open Meetings Act of the State of Texas, with an agenda posted at City Hall. 5) A majority of the board shall constitute a quorum. 6) The board shall meet as needed by the determination of the chair or vice‐chair, or at the written request of three members delivered to the chair or vice‐
chair. 7) The board shall meet at times and place determined by the board. Sec. 2­254. Powers and duties. The powers and duties of the parks and recreation advisory board shall be as follows: 1. Advisory capacity to the city council. The board shall act only in a advisory capacity to the city council in all matters pertaining to parks and recreation; shall acquaint itself with and make a continuous study and inspection of the complete park and recreation system of the city; and shall advise the city council from time to time as to the present and future planning, acquisition, development, enlargement and use policy of the parks and recreation system. 2. Study and development of recreation areas. The board shall study and encourage the development of park and recreation areas and study and encourage the development of wholesome recreation for all residents of the city. February 14, 2012 3. Advice to city staff. The board shall advise the city staff of developing problems of recreational areas, facilities, programs or recreational services. 4. Review, study, and recommend projects and programs. The board shall review, study and recommend to the city administrator prioritized projects or activities considered desirable for presentation to the city council in budget deliberations. 5. Advise on long range capital improvements plan. The board shall advise the city council and staff in the development of long range capital improvement programs. The board shall also recommend the need for additional park and recreation facilities, grounds, and equipment. 6. Recommend park and recreation rules and regulations. The board shall recommend to the city council rules and regulations governing the use of city parks and recreational facilities. 7. Other recommendations to the council. The board shall make other recommendations to the staff or city council that it considers appropriate and advisable. 8. Solicitations. The board may, with prior approval by the city council, solicit gifts, revenues, bequests or endowments or money or property as donations or grants to the city, subject to the approval and acceptance by the city council. Secs. 2­255 thru 2­259. Reserved. DIVISION 4. NONPROFIT FINANCE CORPORATIONS Sec. 2­260. Clifton Higher Education Finance Corporation. Clifton Code of Ordinances Page 19 The City of Clifton Higher Education Finance Corporation is hereby created. State law references: Texas Education Code Chapter 53, Secs 53.35(b) and 53A.35(b).
Sec. 2­261. Composition; appointment and qualifications of the Board of Directors members. 5) The board shall be composed of seven permanent residents of Bosque County who are not members of the City Council, nor public officers of the City of Clifton. 6) Board members shall be appointed by the city council. Board members serve at‐will and may be removed by a majority vote of the City Council. Sec. 2­262. Terms; vacancies and compensation. 5) Members of the board shall serve two year terms. There is no limit to the number of consecutive terms that can be served. 6) Vacancies shall be filled by the City Council for the remainder of an unexpired term. 7) The members of the board shall serve without compensation except they shall be reimbursed for actual expenses incurred in the performance of their duties as directors. Sec. 2­263. Officers and meetings. 8) The parks and recreations advisory board shall hold an annual organizational meeting and at that meeting elect a chair, vice‐chair and such other officers as it deems necessary. 9) All meetings of the board shall be held in accordance with the Open Meetings Act of the State of Texas, with an agenda posted at City Hall. February 14, 2012 10) A majority of the board shall constitute a quorum. 11) The board shall meet as needed by the determination of the chair or vice‐chair, or at the written request of three members delivered to the chair or vice‐
chair. 12) The board shall meet at times and place determined by the board. Sec. 2­264. Powers and duties. The powers and duties of the board shall be as described in the “City of Clifton Higher Education Finance Corporation Articles of Incorporation” and the “City of Clifton Higher Education Finance Corporation Bylaws”, which shall be filed by the City Secretary at City Hall. Secs. 2­265 thru 2­280. Reserved. ARTICLE V. FINANCE DIVISION 1. GENERALLY Sec. 2­281. Annual audit of city's books and accounts. The city council shall cause an annual audit to be made of the books and accounts of the city by a certified public accountant. State law references: Audit of municipal finances, V.T.C.A., Local Government Code ch. 103. Secs. 2­282 thru 2­305. Reserved. DIVISION 2. CLAIMS AGAINST CITY State law references: Texas Tort Claims Act, V.T.C.A., Civil Practice and Remedies Code ch. 101.
Sec. 2­306. City's liability. The city shall never be liable for any claim for property damage or for personal injury, whether such personal injury results in death or not, unless the person damaged or injured, or someone in his behalf, or if the injury results in death, the persons who may have a cause of Clifton Code of Ordinances Page 20 action under the law by reason of such death or injury, shall, within six months from the date the damage or injury was received, give notice in writing to the mayor and city council of the following facts: 1) The date and time when the injury occurred and the place where the injured person or property was at the time when the injury was received. 2) The nature of the damage or injury sustained. 3) The apparent extent of the damage of injury sustained. 4) A specific and detailed statement of how and under what circumstances the damage or injury occurred. 5) The amount for which each claimant will settle. 6) The actual place of residence of each claimant by street, number, city and state on the date the claim is presented. 7) In the case of personal injury or death, the names and addresses of all persons who, according to the knowledge or information of the claimant, witnessed the happening of the injury or any part of such happening and the names of the doctors, if any, to whose care the injured person is committed. 8) In the case of property damage, the location of the damaged property at the time the claim was submitted along with the names and addresses of all persons who witnessed the happening of the damage or any part of the happening. Sec. 2­307. Required action by plaintiff. No suit of any nature whatsoever shall be instituted or maintained against the city unless the plaintiff shall ever prove that previous to the filing of the original petition the plaintiff applied to the city council for redress, February 14, 2012 satisfaction, compensation or relief, as the case may be, which was by vote of the city council refused. Sec. 2­308. Service of notices. All notices required by this division shall be effectuated by serving them upon the city secretary at the following location: 403 West Third Street, Clifton, Texas; and all such notices shall be effective only when actually received in the office of the secretary. Sec. 2­309. Waiver of notice. The written notice requirements of section 2‐
306 shall be waived if the city has actual knowledge of death, injury or property damage likely to result in a claim against the city. The city shall not be deemed to have actual knowledge unless that knowledge is attributable to an appropriate city official whose job duties include the authority to investigate and/or settle claims against the city. Sec. 2­310. Notice to be sworn to. The written notice required under this division shall be sworn to by the person claiming the damage or injuries or by someone authorized by him to do so on his behalf. Failure to swear to the notice as required in this section shall not render the notice fatally defective, but failure to so verify the notice may be considered by the city council as a factor relating to the truth of the allegations and to the weight to be given to the allegations contained in the allegations. Secs. 2­311 thru 2­345. Reserved. ARTICLE VI. RECORDS MANAGEMENT State law references: Preservation and management of local government records, V.T.C.A., Government Code § 441.151 et seq.; Local Government Records Act, V.T.C.A., Local Government Code § 201.001 et seq.; municipal records management, V.T.C.A., Local Government Code § 203.021 et seq. Sec. 2­346. Definitions. Clifton Code of Ordinances Page 21 The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: 1) Department head means the officer who by ordinance or administrative policy is in charge of an office of the city that creates or receives records. 2) Director and librarian means the executive and administrative officer of the Texas State Library and Archives Commission. 3) Essential record means any record of the city necessary to the resumption or continuation of its operations in an emergency or disaster, to the recreation of its legal and financial status, or to the protection and fulfillment of obligations to the people of the state. 4) Permanent record means any record of the city for which the retention period on a records control schedule is given as permanent. 5) Records control schedule means a document prepared by or under the authority of the records management officer listing the records maintained by the city, their retention periods, and other records disposition information that the records management program may require. 6) Records management means the application of management techniques to the creation, use, maintenance, retention, preservation and disposal of records for the purposes of reducing the costs and improving the efficiency of recordkeeping. The term includes the development of records control schedules, the management of filing and information retrieval systems, the protection of essential and permanent records, the economical and space‐
February 14, 2012 effective storage of inactive records, control over the creation and distribution of forms, reports and correspondence, and the management of micrographics and electronic and other records storage systems. 7) Records management officer means the person designated in section 2‐350. 8) Records management plan means the plan developed under section 2‐351. 9) Retention period means the minimum time that must pass after the creation, recording or receipt of a record, or the fulfillment of certain actions associated with a record, before it is eligible for destruction. State law references: Definitions pertaining to local government records, V.T.C.A., Local Government Code § 201.003, and V.T.C.A., Government Code § 441.151. Sec. 2­347. City records generally. The following are declared to be the records of the city and shall be created, maintained and disposed of in accordance with the provisions of this article or procedures authorized by it and in no other manner: 1) Every document, paper, letter, book, map, photograph, sound or video recording, microfilm, magnetic tape, electronic medium, or other information recording medium, regardless of physical form or characteristic and regardless of whether public access to it is open or restricted under the laws of the state, created or received by the city or any of its officers or employees pursuant to law, including an ordinance, or in the transaction of public business. The term does not include: 2) Extra identical copies of documents created only for convenience of reference or research by officers or employees of the city; Clifton Code of Ordinances Page 22 3) Notes, journals, diaries and similar documents created by an officer or employee of the city for the officer's or employee's personal convenience; 4) Blank forms; 5) Stocks of publications; 6) Library and museum materials acquired solely for the purposes of reference or display; controls over the creation, distribution, organization, maintenance, use and disposition of all municipal records through a comprehensive system of integrated procedures for their management from creation to ultimate disposition, consistent with the requirements of the Local Government Records Act (V.T.C.A., Local Government Code ch. 201 et seq.) and accepted records management practice. 7) Copies of documents in any media furnished to members of the public to which they are entitled under V.T.C.A., Government Code ch. 552, or other state law; or State law references: Purpose of Local Government Records Act, V.T.C.A., Local Government Code § 201.002. 8) Any records, correspondence, notes, memoranda or other documents associated with a matter conducted under an alternative dispute resolution procedure in which personnel of a state department or institution, local government, special district or other political subdivision of the state participated as a party, facilitated as an impartial third party, or facilitated as the administrator of a dispute resolution system or organization. The city secretary, and the successive holders of that office, shall serve as records management officer for the city. As provided by state law, each successive holder of the office shall file his name with the director and librarian within 30 days of the initial designation or of taking up the office, as applicable. State law references: Similar provisions, V.T.C.A., Local Government Code § 201.003(8). Sec. 2­348. Municipal records declared public property. All municipal records are declared to be the property of the city. No municipal official or employee has, by virtue of his position, any personal or property right to such records even though he may have developed or compiled them. The unauthorized destruction, removal from files, or use of such records is prohibited. State law references: Declaration of local government records as public property, V.T.C.A., Local Government Code § 201.005. Sec. 2­349. Policy. It is declared to be the policy of the city to provide for efficient, economical and effective February 14, 2012 Sec. 2­350. Designation of records management officer. State law references: Designation of records management officer, V.T.C.A., Local Government Code § 203.025. Sec. 2­351. Records management plan to be developed; approval of plan; authority of plan. 1) The records management officer shall develop a records management plan for the city for submission to the council. The plan must contain policies and procedures designed to reduce the costs and improve the efficiency of recordkeeping, to adequately protect the essential records of the city, and to properly preserve those records of the city that are of historical value. The plan must be designed to enable the records management officer to carry out his duties prescribed by state law and this article effectively. 2) Once approved by the council, the records management plan shall be binding on all offices, departments, Clifton Code of Ordinances Page 23 divisions, programs, commissions, bureaus, boards, committees or similar entities of the city; and records shall be created, maintained, stored, microfilmed or disposed of in accordance with the plan. 3) State law relating to the duties, other responsibilities, or recordkeeping requirements of a department head do not exempt the department head or the records in the department head's care from the application of this article and the records management plan adopted under it and may not be used by the department head as a basis for refusal to participate in the records management program of the city. State law references: Custodians of records required to participate in records management program, V.T.C.A., Local Government Code § 203.022(b); records management program to be established, V.T.C.A., Local Government Code § 203.026. Sec. 2­352. Duties of records management officer. In addition to other duties assigned in this article or by law, the records management officer shall: 1) Administer the records management program and provide assistance to department heads in its implementation; 2) Plan, formulate and prescribe records disposition policies, systems, standards and procedures; 3) In cooperation with department heads, identify essential records and establish a disaster plan for each city office and department to ensure maximum availability of the records in order to reestablish operations quickly and with minimum disruption and expense; February 14, 2012 4) Develop procedures to ensure the permanent preservation of the historically valuable records of the city; 5) Establish standards for filing and storage equipment and for recordkeeping supplies; 6) Study the feasibility of and, if appropriate, establish a uniform filing system and a forms design and control system for the city; 7) Monitor records retention schedules and administrative rules issued by the state library and archives commission to determine if the records management program and the city's records control schedules are in compliance with state regulations; 8) Disseminate to the council and department heads information concerning state laws and administrative rules relating to local government records; 9) Ensure that the maintenance, preservation, microfilming, destruction or other disposition of the records of the city are carried out in accordance with the policies and procedures of the records management program and the requirements of state law; 10) Maintain records on the volume of records destroyed under approved records control schedules or through records destruction authorization requests, the volume of records microfilmed or stored electronically, and the estimated cost and space savings as the result of such disposal or disposition; 11) Report annually to the council on the implementation of the records management plan in each department of the city, including summaries of the statistical and fiscal data compiled under subsection (10); and Clifton Code of Ordinances Page 24 12) Bring to the attention of the council noncompliance by department heads or other city personnel with the policies and procedures of the records management program or the Local Government Records Act (V.T.C.A., Local Government Code ch. 201 et seq.). State law references: Duties of records management officer, V.T.C.A., Local Government Code § 203.023. Sec. 2­353. Duties and responsibilities of department heads. In addition to other duties assigned in this article, department heads shall: 1) Cooperate with the records management officer in carrying out the policies and procedures established in the city for the efficient and economical management of records and in carrying out the requirements of this article; 2) Adequately document the transaction of government business and the services, programs and duties for which the department head and his staff are responsible; and 3) Maintain the records in his care and carry out their preservation, microfilming, destruction or other disposition only in accordance with the policies and procedures of the records management program of the city and the requirements of this article. Sec. 2­354. Records control schedules to be developed; approval; filing with state. 1) The records management officer, in cooperation with department heads, shall prepare records control schedules on a department‐by‐department basis, listing all records series created or received by the department and the retention period for each series. Records control schedules shall also February 14, 2012 contain such other information regarding the disposition of municipal records as the records management plan may require. 2) Each records control schedule shall be monitored and amended as needed by the records management officer on a regular basis to ensure that it is in compliance with records retention schedules issued by the state and that it continues to reflect the recordkeeping procedures and needs of the department and records management program of the city. 3) Before its adoption, a records control schedule or amended schedule for a department must be approved by the department head and the council. 4) Before its adoption, a records control schedule must be submitted to and accepted for filing by the director and librarian as provided by state law. If a schedule is not accepted for filing, the schedule shall be amended to make it acceptable for filing. The records management officer shall submit the records control schedules to the director and librarian. State law references: Records control schedules, V.T.C.A., Local Government Code § 203.041 et seq.; records retention schedules, V.T.C.A., Government Code § 441.158. Sec. 2­355. Implementation of records control schedules; destruction of records under schedule. 1) A records control schedule for a department that has been approved and adopted under section 2‐354 shall be implemented by department heads according to the policies and procedures of the records management plan. 2) A record whose retention period has expired on a records control schedule shall be destroyed unless an open Clifton Code of Ordinances Page 25 records request is pending on the record, the subject matter of the record is pertinent to a pending law suit, or the department head requests in writing to the records management officer that the record be retained for an additional period. 3) Prior to the destruction of a record under an approved records control schedule, authorization for the destruction must be obtained by the records management officer from the council. State law references: Retention periods, V.T.C.A., Local Government Code § 203.042. Sec. 2­356. Destruction of unscheduled records. A record that has not yet been listed on an approved records control schedule may be destroyed if its destruction has been approved in the same manner as a record destroyed under an approved schedule and the records management officer has submitted to and received back from the director and librarian approved destruction authorization request. Sections. 2­357 –­ 2­ 499. Reserved ARTICLE VII. ADMINISTRATIVE PROCEDURES DIVISION 1. IDENTITY THEFT PREVENTION Sec. 2­500 Purpose To establish an Identity Theft Prevention Program designed to detect, prevent and mitigate identity theft in connection with the opening of a covered account or an existing covered account and to provide for continued administration of the Program in compliance with Part 681 of Title 16 of the Code of Federal Regulations implementing Sections 114 and 315 of the Fair and Accurate Credit Transactions Act (FACTA) of 2003. Every financial institution and creditor is required to establish an “Identity February 14, 2012 Theft Prevention Program” tailored to its size, complexity and the nature of its operation. The Program must contain reasonable policies and procedures to: (a.) Identify relevant Red Flags for new and existing covered accounts and incorporate those Red Flags into the Program; (b.) Detect Red Flags that have been incorporated into the Program; (c.) Respond appropriately to any Red Flags that are detected to prevent and mitigate Identity Theft; and (d.) Ensure the Program is updated periodically, to reflect changes in risks to customers or to the safety and soundness of the creditor from Identity Theft. Sec. 2­501 Definitions (a.) Identity Theft : fraud committed using the identifying information of another person (b.) Red Flag : a pattern, practice, or specific activity that indicates the possible existence of Identity Theft. (c.) Covered Account: any utility account the City offers or maintains primarily for personal, family or household purposes, that involves multiple payments or transactions; and any other account the City offers or maintains for which there is a reasonably foreseeable risk to customers or to the safety and soundness of the Staff from Identity Theft. (d.) Creditors: finance companies, automobile dealers, mortgage brokers, Staff companies, and telecommunications companies. Where non‐profit and government entities defer payment for goods or services, they, too, are to be considered creditors.” (e.) Identifying Information : any name or number that may be used, alone or in Clifton Code of Ordinances Page 26 conjunction with any other information, to identify a specific person, including: name, address, telephone number, social security number, date of birth, government issued driver’s license or identification number, alien registration number, government passport number, employer or taxpayer identification number, unique electronic identification number, computer’s Internet Protocol address, or routing code. Sec. 2­502 Identification of red flags. In order to identify relevant Red Flags, the City Administrator considers the types of accounts that the City offers and maintains, the methods provided to open accounts, the methods provided to access accounts, and previous experiences with Identity Theft. The City Administrator identifies the following red flags in each of the listed categories: (a.) Red flag notifications and warnings from consumer credit reporting agencies (b.) Report of fraud accompanying a consumer credit report; (c.) Notice or report from a consumer credit agency of a credit freeze on a customer or applicant; (d.) Notice or report from a consumer credit agency of an active duty alert for an applicant; (e.) Indication from a consumer credit report of activity that is inconsistent with a customer’s usual pattern or activity, including but not limited to: (f.) Recent and significant increase in volume of inquiries (g.) Unusual number of recent credit applications (h.) A material change in use of credit (i.) Accounts closed for cause or abuse Sec. 2­503 Suspicious Document Red Flags February 14, 2012 (a.) Identification document or card that appears to be forged, altered or inauthentic; (b.) Identification document or card on which a person’s photograph or physical description is not consistent with the person presenting the document; (c.) Other document with information that is not consistent with existing customer information (such as if a person’s signature on a check appears forged); and (d.) Application for service that appears to have been altered or forged. Sec. 2­504 Suspicious Personal Identifying Information Red Flags (a.) Identifying information presented that is inconsistent with other information the customer provides (example: inconsistent birth dates, lack of correlation between Social Security number range and date of birth); (b.) Identifying information presented that is inconsistent with other sources of information (for instance, Social Security number or an address not matching an address on a credit report); (c.) Identifying information presented that is the same as information shown on other applications that were found to be fraudulent; (d.) Identifying information presented that is consistent with fraudulent activity (such as an invalid phone number or fictitious billing address); (e.) Social Security number presented that is the same as one given by another customer; (f.) An address or phone number presented that is the same as that of another person; (g.) A person fails to provide complete personal identifying information on an application when reminded to do so (however, by law social security numbers must not be required) or an Clifton Code of Ordinances Page 27 business for an entity, driver's license or other identification; (b.) Verify the customer's identity (for instance, review a driver's license or other identification card); (c.) Review documentation showing the existence of a business entity; (d.) Request additional documentation to establish identity; and (e.) Independently contact the customer or business. (f.) Verify the identification of customers if they request information (in person, via telephone, via facsimile, via email); (g.) Verify the validity of requests to close accounts or change billing addresses; and (h.) Verify changes in banking information given for billing and payment purposes. applicant cannot provide information requested beyond what could commonly be found in a purse or wallet; and (h.) A person’s identifying information is not consistent with the information that is on file for the customer. Sec. 2­505 Suspicious or Unusual Use of Account Activity Red Flags (a.) Change of address for an account followed by a request to change the account holder's name; (b.) Payments stop on an otherwise consistently up‐to‐date account; (c.) Account used in a way that is not consistent with prior use (example: very high activity); (d.) Mail sent to the account holder is repeatedly returned as undeliverable; (e.) Notice to the City Staff that a customer is not receiving mail sent by the City Staff; (f.) Notice to the City Staff that an account has unauthorized activity; (g.) Breach in the Utility's computer system security; and (h.) Unauthorized access to or use of customer account information. Sec. 2­506 Red Flag Alerts from Others Notice from a customer, identity theft victim, fraud detection service, law enforcement or other person that it has opened or is maintaining a fraudulent account for a person engaged in Identity Theft. Sec. 2­507 Detecting red flags. In order to detect any of the Red Flags identified above, City office staff personnel will take the following steps to obtain and verify the identity of the person opening or changing the account: (a.) Require certain identifying information such as name, date of birth, residential or business address, principal place of February 14, 2012 Sec. 2­508 Preventing and mitigating identity theft In the event City office staff personnel detect an identified Red Flags, such personnel shall take one or more of the following steps, depending on the degree of risk posed by the Red Flag: (a.) Continue to monitor an account for evidence of Identity Theft; (b.) Contact the customer, sometimes through multiple methods; (c.) Change any passwords or other security devices that permit access to accounts; (d.) Not open a new account; (e.) Close an existing account; (f.) Do not close the account, but monitor or contact authorities; (g.) Reopen an account with a new number; (h.) Notify the City Administrator for determination of the appropriate step(s) to take; (i.) Notify law enforcement; or (j.) Determine that no response is warranted under the particular circumstances. In order to further prevent the likelihood of identity theft occurring with respect to City accounts, the City office staff will take the Clifton Code of Ordinances Page 28 following steps with respect to its internal operating procedures to protect customer identifying information: (a.) Ensure that its website is secure or provide clear notice that the website is not secure; (b.) Where and when allowed, ensure complete and secure destruction of paper documents and computer files containing customer information; (c.) Ensure that office computers are password protected and that computer screens lock after a set period of time; (d.) Change passwords on office computers on a regular basis; (e.) Ensure all computers are backed up properly and any backup information is secured; (f.) Keep offices clear of papers containing customer information; (g.) Request only the last 4 digits of social security numbers (if any); (h.) Ensure computer virus protection is up to date; and (i.) Require and keep only the kinds of customer information that are necessary for Staff purposes. Sec. 2­509 Program Updates This Program will be periodically reviewed and updated to reflect changes in risks to customers and the soundness of the City from Identity Theft. The City Administrator will consider the City's experiences with Identity Theft situation, changes in Identity Theft methods, changes in Identity Theft detection and prevention methods, changes in types of accounts the Staff maintains and changes in the City's business arrangements with other entities, consult with law enforcement authorities, and consult with other City personnel. After considering these factors, the City Administrator will determine whether changes to the Program, including the listing of Red Flags, are warranted. If warranted, the City Administrator will update the Program or present the City Council with his or her recommended changes and the City Council will make a determination of whether February 14, 2012 to accept, modify or reject those changes to the Program. Sec. 2­510 Program Administration. Responsibility for developing, implementing and updating this Program lies with the City Administrator. The City Administrator will be responsible for the Program administration, for ensuring appropriate training on the Program, for reviewing reports regarding the detection of Red Flags and the steps for preventing and mitigating Identity Theft, determining which steps of prevention and mitigation should be taken in particular circumstances and considering periodic changes to the Program. Initially, all City office staff shall be trained by the City Administrator in the detection of Red Flags, and the responsive steps to be taken when a Red Flag is detected. Thereafter, City office staff shall undergo update training as determined by the City Administrator. Additionally, all new City office staff employees shall undergo training. In the event the City engages a service provider to perform an activity in connection with one or more accounts, including but not limited to franchise utility providers, the City will take the following steps to ensure the service provider performs its activity in accordance with reasonable policies and procedures designed to detect, prevent, and mitigate the risk of Identity Theft. Require, by contract or contract amendment, that service providers have such policies and procedures in place; and Require, by contract or contract amendment, that service providers review the City's Program and report any Red Flags to the City Administrator. For the effectiveness of Identity Theft prevention Programs, a degree of confidentiality regarding the City’s specific practices relating to Identity Theft detection, prevention and mitigation. Therefore, under this Program, knowledge of such specific Clifton Code of Ordinances Page 29 practices are to be limited to those employees who need to know them for purposes of preventing Identity Theft. Because this Program is to be adopted by a public body and thus publicly available, it would be counterproductive to list these specific practices here. Therefore, only the Program’s general red flag detection, implementation and prevention practices are listed in this document. CHAPTERS 3 THRU 5 RESERVED CHAPTER 6 ADVERTISING State law references: Regulation of signs by municipalities, V.T.C.A., Local Government Code ch. 216; outdoor advertising, V.T.C.A., Transportation Code § 391.031 et seq. Sec. 6­1. Scattering or distributing in streets, public buildings, and vehicles. It shall be unlawful for any person to scatter or distribute any advertisements, circulars, handbills, printed or written announcements or papers of like character upon the streets, sidewalks, alleys, gutters or within the public buildings or on the public grounds, or in or upon vehicles of any kind, within the limits of the city; however, noncommercial handbills may be handed to persons who are willing to accept them. Sec. 6­2. Posting on public or private property without permission. The printing, pasting, sticking or placing of any advertisement, handbill or placard of any printed, pictured or written matter upon any house, wall, building, pole, fence or other property, private or public, without the permission of the owner or person in charge, shall constitute a misdemeanor. CHAPTERS 7 THRU 9 RESERVED CHAPTER 10 ANIMALS February 14, 2012 State law references: Local Public Health Reorganization Act, V.T.C.A., Health and Safety Code § 121.001 et seq.; animals, V.T.C.A., Health and Safety Code § 821.001 et seq.; dangerous dogs, V.T.C.A., Health and Safety Code § 822.001 et seq.; Rabies Control Act of 1981, V.T.C.A., Health and Safety Code § 826.001 et seq.; livestock, V.T.C.A., Agriculture Code § 141.001 et seq.; permitting a head of cattle or a domestic turkey to run at large in certain counties, V.T.C.A., Agriculture Code § 143.082; cruelty to animals, V.T.C.A., Penal Code § 42.09; dog fighting, V.T.C.A., Penal Code § 42.10; certain tax exemptions for charitable organizations, V.T.C.A., Tax Code § 11.18. ARTICLE I. IN GENERAL Sec. 10­1. Regulations for keeping. 1) It shall be unlawful for any person to keep or harbor within the city limits any animal, livestock, fowl or reptile except as specifically permitted below: a. Dogs and cats may be kept as provided by ARTICLE II of this chapter. b. Nonpoisonous reptiles may be kept if confined indoors. c. Canaries, parrots, macaws and parakeets may be kept indoors in quantities of not more than four in the aggregate per residential dwelling. 2) "Animal," for purposes of this section, has the meaning set out in V.T.C.A., Penal Code § 42.09. 3) Upon property owned by the Clifton Independent School District, being five acres of land, more or less out of the Frederick Lundt Survey, A‐499, Bosque County, Texas, dedicated to agricultural education by that school district, shall be permitted a maximum of 25 four‐
legged animals, properly penned and maintained at all times, and never nearer than 100 feet to any building Clifton Code of Ordinances Page 30 used for eating, sleeping or living purposes. Each animal so kept or maintained shall be solely for the purpose of a specific educational program which is either under supervision of school district employees having personal responsibility for the educational program and the animals kept or for bona fide show or agricultural projects sponsored by a regional organization and under the supervision of an adult. 4) Any person in violation of this section shall be guilty of a misdemeanor, punishable by fine for each calendar day or part of a day in which the violation continues. Sec. 10­2. Temporary permits for youth projects. 1) A temporary permit to keep animals under this section may be issued by the city secretary authorized by voice vote of the city council, upon satisfaction of the following conditions: 2) The permit shall be for a period not to exceed 365 days from its issuance date. 3) The permitted property must be within an area zoned for industrial use. 4) The permitted property must be fenced so that an animal kept thereon shall never be within 100 feet of any building used for residential, commercial, governmental or industrial purposes. 5) The owner of the permitted property shall present with the application for permit a written consent to the permit executed by all abutting property owners, whether within or without the city boundaries. 6) The permit shall specify the number and kind of animals which may be kept, and the animal enclosure recommended per guidelines of the Texas Agricultural Extension Service. February 14, 2012 7) No permit shall authorize or allow the keeping of swine within the city boundaries under any circumstances. 8) The permit shall only be granted to a property owner for the purposes of keeping animals for city resident juveniles engaged in bona fide show or agricultural projects and who are not eligible to house those animals in the facilities of the Clifton ISD. 9) The permit may be revoked prior to its expiration upon ten days notice to the property owner by the city health officer acting in that officer's discretion upon the occurrence of any unsanitary condition, or on the complaint of any abutting property owner concerning noise, dust, pollution, insects, vermin, or noxious odor. 10) The grant of a permit to a property owner on any occasion shall never be considered precedent for the grant of any other or future application, as every such permit shall be granted solely within the discretion of the city council. Sec. 10­3. Notice of rabies. Reports of rabies shall be made as required under V.T.C.A., Health and Safety Code § 826.041. Sec. 10­4. Duty of impoundment. It shall be the duty of the chief of police or any person authorized by him to seize and impound, as provided by law, all animals and fowl found in violation of the provisions of this chapter. Secs. 10­5 thru 10­35. Reserved. ARTICLE II. DOGS AND CATS State law references: Registration and restraint of dogs and cats, V.T.C.A., Health and Safety Code § 826.031 et seq. Sec. 10­36. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings Clifton Code of Ordinances Page 31 ascribed to them in this section, except where the context clearly indicates a different meaning: 1) Animal control office means the police department of the city. 2) At large means any dog or cat off the premises of the owner, not under the control of the owner, or a member of his immediate family, or keeper of such animal either by a leash, chain, cord or harness; or not restrained securely within an enclosure or fence. 3) Cat means both male and female of any domesticated member of the feline species of animals. 4) Dog means both male and female of any domesticated member of the canine species of animals. 5) Kennel means any place where a combined total of four or more weaned dogs or cats, over five months old are raised or kept. 6) Owner means any person owning, keeping or harboring a dog or cat. Sec. 10­37. Rabies control officer. The rabies control officer for the city shall be the chief of police or that officer's designee. Sec. 10­38. Rabies. As provided by V.T.C.A., Health and Safety Code § 826.013, the city adopts by reference the provisions of V.T.C.A., Health and Safety Code ch. 826, and the rules promulgated by the state department of health, rules 169.21 through 169.33, all as amended from time to time, for the control of rabies. Sec. 10­39. Registration and tagging of dogs and cats. 1) Required. No owner shall keep a dog or cat over five months old within the city limits for which dog or cat there is no valid tag issued by the city. February 14, 2012 2) Fee, application. All such tags shall be issued by the animal control office or a duly authorized agent upon payment of a fee which shall be as established by the council for neutered animals or for animals not neutered, and upon presentation of a certificate from a licensed veterinarian showing that the dog or cat had been vaccinated against rabies within one year from the date of application. 3) Term. The tag shall be valid for a period of one year dating from the date of issuance. 4) Tag. Upon compliance by the owner of a dog or cat with the registration requirements of this section, the owner shall be issued a metallic tag for each dog or cat so registered. State law references: Fee for registration of dogs and cats, V.T.C.A., Health and Safety Code § 826.031. Sec. 10­40. Collars and tags. 1) Required. The owner of a dog or cat shall provide and place on the animal a collar or harness to which the license tag and rabies vaccine tag required by this article shall be affixed, and the owner shall see that the collar or harness and tags are worn at all times by the dog or cat. The tag shall at all times be securely fastened around the neck of the dog or cat, and the failure of the owner in this respect shall have the same effect as if no license fee had been paid upon the dog or cat. It shall be unlawful for any person to use any counterfeit license tag upon a dog or cat except the tag adopted and issued by the city. 2) Duplicate tags. In case a tag is lost or destroyed, a duplicate will be issued by the city secretary upon presentation of the receipt showing the payment of the license fee for the current period, Clifton Code of Ordinances Page 32 presentation of a certificate showing that the dog or cat has been vaccinated against rabies within one year of the date, and the payment of a fee which shall be as established by the council for such duplicate. 3) Transferability, refunds. Dog and cat tags shall not be transferable from one dog or cat to another, and no refunds shall be made on any license fee because of the death of a dog or cat or the owner's leaving the city before the expiration period. Sec. 10­41. Running at large prohibited. Except when a dog is under the immediate personal supervision and command of its owner or handler, every dog and cat, whether licensed or not, shall be kept physically restrained from leaving the premises of the owner. Under the following circumstances, employees of the police department are authorized and empowered to enter upon any land or premises and to take up and impound any dog which is not then and there under the immediate personal supervision and command of its owner or handler, and which is not then and there being kept physically restrained from leaving the premises of its owner: 1) When the safety of any human or the safety of any other animal is being jeopardized by a dog; 2) When a dog is being pursued by employees of the police department who began such pursuit when the dog was not under the immediate personal supervision and command of the owner or handler and was not being kept physically restrained from leaving the premises of its owner; or 3) When any dog is the third time found running at large in violation of this section. Sec. 10­42. Impoundment. 1) Any dog captured or picked up under any provision of this article will be impounded in a pen provided by the February 14, 2012 city for that purpose. The animal control office will maintain the pound, which will be under its control. All dogs and cats so impounded shall be properly fed and cared for while in the pound. 2) The animal control office shall collect a fee which shall be as established by the council for each dog impounded, when redeemed, and shall collect a fee which shall be as established by the council for each day or fraction of a day each dog or cat shall remain impounded. Sec. 10­43. Disposition of impounded dogs and cats. Within 24 hours after impounding any dog , the owner (if known) will be notified and given three days in which to claim the dog or cat upon payment of the tag and registration fee, if unregistered, and all charges and costs incurred by the city for impounding and maintenance of the dog, unless impounded as a result of an unprovoked attack upon a human. If the owner of the dog is unknown, written notice shall be posted for three days in a conspicuous place in the police department describing the dog and the place and time of apprehension. If claimed, the owner may redeem the dog in the same manner as in subsection (a) of this section unless impounded as a result of an unprovoked attack upon a human. After three days' notice as provided in subsection (a) or (b), any animal impounded under section 10‐41(3) or unclaimed by its owner shall be humanely destroyed and shall not be released to its owner or purported owner. Any dog impounded as a result of an unprovoked attack upon a human shall remain impounded at its owner's expense until a hearing is held, upon at least three days' notice to the owner, before the municipal judge. If the judge determines, after hearing evidence, that the dog is a dangerous dog (as defined by Clifton Code of Ordinances Page 33 V.T.C.A., Health and Safety Code § 822.041(2)), the judge may condition release of the dog to its owner upon the owner's compliance with the provisions of V.T.C.A., Health and Safety Code § 822.042, within a time certain, order the dog permanently and prominently tattooed for future identification, or order the dog humanely destroyed. An order of destruction of the dog is subject to appeal as in civil cases. Sec. 10­44. Disposition of infected dogs or cats. Any dog or cat which appears to be suffering from rabies or other infectious or dangerous disease shall not be released but shall be handled under section 10‐38, or destroyed, as is applicable. Sec. 10­45. Maximum number of dogs and cats. It shall be unlawful for any owner or occupant of property zoned other than C‐2 (General Business) or M‐1 (Light Industrial) to keep or maintain on those premises more than a combined total of four weaned dogs or cats. Kennels may be maintained only upon property zoned C‐2 or M‐1, upon obtaining a kennel permit from the city for an annual fee as which shall be established by the council. The maintenance of more than four dogs or cats upon premises not zoned C‐2 or M‐1, and the maintenance of a kennel without a kennel permit shall each be a misdemeanor, punishable by a fine for each animal so maintained for each day in which the offense occurs. Sec. 10­46. Female dogs and cats in heat to be kept under control. It shall be unlawful for the owner or person in control of any dog or cat in heat to allow the dog or cat to be upon the streets and in public places of the city. Sec. 10­47. Dogs and cats of vicious or dangerous propensity. February 14, 2012 The city adopts by reference the provisions of V.T.C.A., Health and Safety Code § 822.041 et seq. Sec. 10­48. Noise by dogs and cats. It shall be unlawful for any person to keep or harbor any dog or cat which makes frequent, long‐continued or loud and vociferous noises of such a type as to disturb the neighbors or any inhabitants of the city. Sec. 10­49. Sanitary conditions of dog or cat pens. It shall be unlawful for any person to have, own, keep, maintain or control upon their premises within the city any lot, yard, pen or enclosures wherein any dogs and cats are kept that shall create an obnoxious odor, or which shall create unsanitary conditions or cause flies to breed or gather so as to create a health or sanitary problem or be offensive to residents of the city. Sec. 10­50. Enforcement of article provisions. The animal control office and any police officer of the city shall have the right to enforce any and all provisions of this article, and the chief of police is delegated authority to appoint any person to aid and assist in the carrying out and enforcement of this article. Sec. 10­51. Penalties. Any persons who shall willfully take from any dog or cat a collar or tag shall be deemed guilty of a misdemeanor and upon conviction shall be fined in accordance with section 1‐9. Any person violating any provisions of this article shall be deemed guilty of a Class C misdemeanor and upon conviction shall be fined in accordance with Section 1‐9, unless other fines or penalties are specifically enumerated. Sec. 10­52. Dogs and cats of vicious or dangerous propensity. 1) Recognizing that State laws effectively deal with vicious animals after an attack but do not address actions that may prevent those Clifton Code of Ordinances Page 34 attacks, the City of Clifton has established this ordinance to identify animals displaying a propensity toward viciousness and action to be taken to protect the public. 2) Vicious propensity is exhibited when an animal displays an unprovoked intent to attack a person or another animal. 3) Any person who has knowledge that a dog or cat is of vicious propensity, may upon signed complaint to the City, cause written notice to be given by the Clifton Police Department to the owner of such animal. Such notice may be hand‐delivered or mailed by registered or certified mail, return receipt requested. A copy of such letter with the receipt confirming delivery shall be prima facie evidence that the owner of said dog or cat has been notified. 4) A police investigation will confirm or invalidate the reported vicious propensity. The owner of an animal with confirmed vicious propensity will be warned in writing of the findings of the investigation and that to safeguard the public, the animal must be confined or muzzled. Failure to do so will result in a citation. 5) It shall be the responsibility of the owner of any dog or cat deemed to be of vicious propensity to keep such dog or cat under secure confinement or muzzled while on a suitable leash. Secure confinement is defined as chain‐link type fencing with six foot high sides and the bottom edge embedded in a two foot deep minimum 4 inch thick concrete curb. Length and width is dependent on animal size (length and width must be 5 times the length of the animal or ten feet whichever is smaller). The top must be enclosed with the same fencing material as the sides. The enclosure must have a self closing, self locking gate with non‐removable hinges. The owner of the animal must also show proof of a $100,000 liability insurance policy per animal or show financial responsibility to cover damages. February 14, 2012 6) If, after notice to the owner of a dog or cat deemed to be of vicious propensity, such dog or cat while not muzzled or while not under confinement or restrained by a leash or chain, attacks or causes injury to any person or other animal, the police may impound such dog or cat. If the injured party makes an affidavit relating to the injury, confirmed by a physician that skin was broken or other injury sustained in the attack, the City may at its discretion and upon due process authorize and carry out the destruction of such dog or cat, or order it permanently removed from the City within 24 hours. 7) The municipal court upon receiving a citation for a violation of Section 10‐52, shall set a time for a hearing on the citation. The hearing must be held not later than the 5th day after the date on which the animal was impounded or the violation occurred. Except as provided in this Section, provisions of Sate Law V.T.C.A., Health and Safety Code, Sec. 826.031 et seq. shall govern. Sec. 10­53. Feeding Dogs or Cats. Any persons who shall willfully feed any untagged dog or cat on city streets, sidewalks, parks or other public property, shall be deemed guilty of a misdemeanor and upon conviction shall be fined in accordance with section 1‐9. The following areas are exempted from this prohibition during public events ‐ the fairgrounds, agriculture barn, and rodeo arena areas. Secs. 10­54 thru 10­75. Reserved. ARTICLE III. DANGEROUS AND/OR WILD ANIMALS Sec. 10­76. Dangerous animals prohibited within and adjacent to the City of Clifton. 1) It shall be unlawful for any person to keep, raise, harbor, use, possess, or Clifton Code of Ordinances Page 35 have on his premises or under his control or attempted control any dangerous and/or wild animal. A dangerous animal is any wild or feral mammal, fowl, reptile or insect population which by its nature or breeding has the capability of inflicting serious bodily injury to humans. 2) The term also means and includes any domestic animal, reptile, fowl or insect population which, because of its size or vicious propensity or other characteristic could reasonably constitute a danger to human life or property. 3) Any dangerous animal kept in violation of this section or found at large may be impounded by the police department with whatever force is reasonably necessary to safely secure impoundment. The police department shall be authorized to impound any animal found at large or kept in violation of this Code. The police department shall also be authorized, upon obtaining a search warrant, to impound any dangerous animal which the police department has probable cause to believe is being kept in violation of this section. The impoundment remedies in this section shall not be exclusive. The city shall have the right to exercise any and all other remedies available at law or in equity. 4) The police department shall be authorized to destroy any dangerous animal running at large which because of its nature, disposition or condition would present a hazard to life or limb in an attempt to capture it. A peace officer may destroy such animal in any life‐
threatening situation. 5) No owner or custodian or person in possession of a dangerous animal shall allow such animal to be at large. The February 14, 2012 police department may, but shall not be required to, enlist the voluntary aid of any person in attempting to capture a dangerous animal at large. 6) The owner or custodian of any impounded dangerous animal shall be liable to the city in the amount of the impoundment fees charged for other impounded animals pursuant to the provisions of this chapter or for such fee as may be set by ordinance and for actual feeding and care costs as determined by the impoundment facility. No impounded dangerous animal shall be released until all required fees and costs have been paid or arranged to be paid. Prior to release of an impounded animal to the owner or custodian, the police department shall determine that adequate provision has been made for the removal of the animal to a place outside the city or for confinement within the city under authority of section 10‐77 following. Sec. 10­77. Exceptions to provisions. 1) The provisions of this article shall not apply to the keeping of dangerous animals in the following cases: 2) The keeping of such animals in zoos, bona fide educational or medical institutions, museums or any other place where they are kept as live specimens for the public to view, or for the purpose of instruction or study. 3) The keeping of such animals for exhibition to the public by a circus, carnival, or other exhibit. 4) The keeping of such animals in a bona fide licensed veterinary hospital for treatment. 5) Dangerous or poisonous reptiles may be maintained by bona fide educational or medical institutions for the purpose of instruction or study provided such reptiles are securely confined and are Clifton Code of Ordinances Page 36 properly cared for in a manner set as satisfactory to the city's public health officer or alternatively the Bosque County public health officer. 6) The city council may issue a special permit for the keeping of such animals. Any permit so authorized must be renewed annually and may be issued or renewed upon written recommendation for approval by the city's public health officer and chief of police or his designee. Such permit may provide for the keeping of no more than two such animals and requires payment of a $25.00 permit fee per animal. Sec. 10­78. Penalties. Violations of this Chapter are Class C misdemeanor offenses punishable by a fine, with each occurrence and day to be considered a separate offense. Sec. 10­79. Applicable within portions of the city's ETJ. This article shall be applicable within the city limits of the City of Clifton, and within 1,000 feet of any city limits of [or] any contiguous city limits. CHAPTERS 11 THRU 13 RESERVED Secs. 14­1 thru 14­30. Reserved. ARTICLE II. AIRPORT ADVISORY BOARD Sec. 14­31. Created. There is created the airport advisory board of the city, to be composed of the number of members specified by the council. All members shall be appointed to serve at the will of the council. Members of the airport advisory board shall be appointed by the mayor, with the advice and consent of the city council. Appointments to the advisory board shall be made at the first regular meeting after the annual election, or as soon thereafter as possible. Sec. 14­32. Officers. The airport advisory board shall select from among its members a chairman and a vice‐
chairman, and it shall adopt, subject to the approval of the city council, such rules and regulations governing its proceedings as it may deem proper. Such rules and regulations shall not be inconsistent with the ordinances of the city. The advisory board shall appoint a secretary, who may, but need not be, a member of the board. The secretary shall keep a record of all transactions of the board. The manager of the airport shall provide the advisory board with all information necessary for the performance of its duties. Sec. 14­33. Duties. CHAPTER 14 AVIATION State law references: Aviation, V.T.C.A., Transportation Code ch. 21 et seq.; county and municipal airports, V.T.C.A., Transportation Code ch. 22; obstruction to air navigation control, V.T.C.A., Transportation Code ch. 25; annexation of municipally owned airport, V.T.C.A., Local Government Code § 43.102; airport zoning, V.T.C.A., Local Government Code § 241.001 et seq. ARTICLE I. IN GENERAL February 14, 2012 The airport advisory board shall make such general studies of airport construction and operation as may be useful in keeping the municipal airport efficient and adequate to the needs of the city and of the air transportation industry. It shall make recommendations to the city council in respect to construction, expansions, improvements, maintenance and operation of such airport. It shall call the manager's attention to any failure by personnel of the airport to carry out any orders or policies adopted by the city council, and it shall, acting in an advisory capacity, work toward the Clifton Code of Ordinances Page 37 general improvement of the airport and the advancement of the city as an air transportation center. Sec. 14­34. Persons ineligible for membership. No person having any financial interest in any commercial carrier by air, or in any concession, right or privilege to conduct any business or render any service for compensation upon the premises of the municipal airport shall be eligible for membership on the airport advisory board. Sec. 14­35. Compensation of members. All members of the airport advisory board shall serve without compensation but may be reimbursed for all expenses reasonably incurred by them in the performance of their duties as members of such board when authorized by the city council. Secs. 14­36 thru 14­70. Reserved. ARTICLE III. AIRPORT ZONING State law references: Airport zoning, V.T.C.A., Local Government Code § 241.001 et seq. Sec. 14­71. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: 4) Airport reference point means the point established as the approximate geographic center of the airport landing area and so designated. 5) Height, for the purpose of determining the height limits in all zones set forth in this article and shown on the zoning map, means mean sea level elevation unless otherwise specified. 6) Joint airport zoning board means a board consisting of five members, two appointed by city aldermen, two appointed by the county commissioners; the four so appointed shall appoint a fifth, who shall act as chairman. 7) Landing area means the surface area of the airport used for the landing, takeoff or taxiing of aircraft. 8) Nonconforming use means any structure, tree or use of land which is lawfully in existence at the time the regulation is prescribed in this article or an amendment in this article becomes effective and does not then meet the requirements of this article. 1) Airport means the Clifton Municipal Airport. 9) Person means an individual, firm, partnership, corporation, company, association, joint stock association, or body politic, and includes a trustee, receiver, assignee, administrator, executor, guardian, or other representative. 2) Airport elevation means the established elevation of the highest point on the usable landing area. 10) Runway means a defined area of an airport prepared for the landing and taking off of aircraft along its length. 3) Airport hazard means a structure or object of natural growth that obstructs the air space required for the taking off, landing, and flight of aircraft or that interferes with visual, radar, radio or other systems for tracking, acquiring data relating to, monitoring or controlling aircraft. 11) Structure means an object constructed or installed by one or more persons and includes a building, tower, smokestack, and overhead transmission line. February 14, 2012 12) Tree means any object of natural growth. Sec. 14­72. Zones. Clifton Code of Ordinances Page 38 In order to carry out the provisions of this article, there are created and established certain zones which include all of the land lying within the approach zones, transition zones, horizontal zone and conical zone. Such areas and zones are shown on the airport zoning map consisting of one sheet, prepared by the state aeronautics commission and dated May 1, 1968, which is attached to Ordinance No. 2 and made a part of this section by reference. The various zones are established and defined as follows: 1. Approach zone. An approach zone is established at each end of all runways on the airport for (non instrument) landings and takeoffs. The approach zone shall have a width of 250 feet at a distance of 200 feet beyond each end of the runway, widening thereafter uniformly to a width of 2,250 feet at a horizontal distance of 10,200 feet beyond each end of the runway, its centerline being the continuation of the centerline of the runway. 2. Transition zones. Transition zones are established adjacent to each runway and approach zone as indicated on the zoning map. Transition zones symmetrically located on either side of runways have variable widths as shown on the zoning map. Transition zones extend outward from a line 125 feet on either side of the centerline of the runway, for the length of such runway plus 200 feet on each end, and are parallel and level with such runway centerlines. The transition zones along such runways slope upward and outward one foot vertically for each seven feet horizontally to the point where they intersect the surface of the horizontal zone. Further, transition zones are established adjacent to approach zones for the entire length of the approach zones. These transition zones have variable widths, as shown on the zoning map. Such transition February 14, 2012 zones flare symmetrically with either side of the runway approach zones from the base of such zones and slope upward and outward at the rate of one foot vertically for each seven feet horizontally to the points where they intersect the surfaces of the horizontal and conical zones. 3. Horizontal zone. A horizontal zone is established as the area within a circle with its center at the airport reference point and having a radius of 5,000 feet. The horizontal zone does not include the approach zones and the transition zones. 4. Conical zone. A conical zone is established as the area that commences at the periphery of the horizontal zone and extends outward there from a distance of 3,000 feet. The conical zone does not include the approach zones and transition zones. Sec. 14­73. Height limitations. 1. Established. Except as otherwise provided in this article, no structure or tree shall be erected, altered, allowed to grow or maintained in any zone created by this article to a height in excess of the height limit established in this section for such zone. Such height limitations are established for each of the zones in question as follows: a. Approach zones, one foot in height for each 20 feet in horizontal distance beginning at a point 200 feet from and at the elevation of the end of the runway and extending to a point 10,200 feet from the end of the runway. b. Transition zones, one foot in height for each seven feet in horizontal distance beginning at any point 125 feet normal to and at the elevation of the Clifton Code of Ordinances Page 39 centerline of runways extending 200 feet beyond each end, extending to a height of 150 feet above the airport elevation, which is 912.20 feet above mean sea level. In addition, there are established height limits of one foot vertical height for each seven feet horizontal distance measured from the edges of all approach zones for the entire length of the approach zones and extending upward and outward to the points where they intersect the horizontal or conical surfaces. 2. Horizontal zone, 150 feet above the airport elevation or a height of 912.20 feet above mean sea level. 3. Conical zone, one foot in height for each 20 feet of horizontal distance beginning at the periphery of the horizontal zone, extending to a height of 300 feet above the airport elevation. 4. Excepted height limitations. Nothing in this section shall be construed as prohibiting the growth, construction or maintenance of any tree or structure to a height up to 30 feet above the surface of the 5. Multiple limitations. Where an area is covered by more than one height limitation, the more restrictive limitations shall prevail. Sec. 14­74. Use restrictions. 1. Notwithstanding any other provisions of this article, no use may be made of land within any zone established by this Article In such a manner as to: 2. Create electrical interference with radio communication between the airport and aircraft; February 14, 2012 3. Make it difficult for flyers to distinguish between airport lights and others; 4. Result in glare in the eyes of flyers using the airport; 5. Impair visibility in the vicinity of the airport; or 6. Otherwise endanger the landing, taking off or maneuvering of aircraft. Sec. 14­75. Nonconforming uses. Regulations not retroactive. The regulations prescribed by this article shall not be construed to require the removal, lowering, or other changes or alteration of any structure or tree not conforming to the regulations as of the effective date of Ordinance No. 2, or otherwise interfere with the continuance of any nonconforming use. Nothing contained in this article shall require any change in the construction, alteration or intended use of any structure the construction or alteration of which was begun prior to the effective date of Ordinance No. 2, and is diligently prosecuted. Marking and lighting. Notwithstanding provisions of subsection (a) of this section, the owner of any nonconforming structure or tree is required to permit the installation, operation and maintenance of such markers and lights as shall be deemed necessary by the joint airport zoning board to indicate to the operators of aircraft in the vicinity of the airport, the presence of such airport hazards. Such markers and lights shall be installed, operated and maintained at the expense of the airport. Sec. 14­76. Permits. 1. Future uses. Except as specifically provided in subsections (1), (2) and (3) of this subsection, no material change shall be made in the use of land and no structure or tree shall be erected, altered, planted or otherwise established in any zone created in this article unless a permit shall have been applied for and granted. Each application for a permit shall indicate Clifton Code of Ordinances Page 40 the purpose for which the permit is desired, with sufficient particularity to permit it to be determined whether the resulting use, structure or tree would conform to the regulations prescribed in this article. If such determination is in the affirmative, the permit shall be granted. a. In the area lying within the limits of the horizontal zone and the conical zone, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when, because of terrain, land contour or topographic features such tree or structure would extend above the height limits prescribed for such zone. b. In the areas lying within the limits of the approach zones but at a horizontal distance of not less than 4,200 feet from each end of the runways, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when such tree or structure would extend above the height limit prescribed for such approach zone. c. In the areas lying within the limits of the transition zones beyond the perimeter of the horizontal zone, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground except when such tree or structure, because of terrain, land contour or topographic features would extend above the height limit prescribed for such transition zones. February 14, 2012 d. Nothing contained in any of the exceptions specified in subsections (1) thru (3) of this subsection shall be construed as permitting or intending to permit any construction, alteration or growth of any structure or tree in excess of any of the height limits established by this article except as set forth in section 14‐74. 2. Existing uses. No permit shall be granted that would allow the establishment or creation of an airport hazard or permit a nonconforming use, structure or tree to be made or become higher, or become a greater hazard to air navigation, than it was on the effective date of Ordinance No. 2 or any amendments to such ordinance or than it is when the application for a permit is made. Except as indicated, all applications for such a permit shall be granted. a. Nonconforming uses abandoned or destroyed. Whenever the joint airport zoning board determines that a nonconforming structure or tree has been abandoned or more than 80 percent torn down, physically deteriorated, or decayed, no permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations. b. Variances. Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use his property, not in accordance with the regulations prescribed in this article may apply to the Clifton Code of Ordinances Page 41 board of adjustment for a variance from such regulations. Such variances shall be allowed where it is duly found that a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest but will do substantial justice and be in accordance with the spirit of this article and V.T.C.A., Local Government Code ch. 241. c. Hazard marking and lighting. Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this article and be reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to permit the airport at its own expense to install, operate and maintain such markers and lights as may be necessary to indicate to flyers the presence of an airport hazard. Sec. 14­77. Enforcement. It shall be the duty of the joint airport zoning board to administer and enforce the regulations prescribed in this article. Applications for permits and variances shall be made to the joint airport zoning board through the city secretary upon a form furnished by him. Applications required by this article to be submitted to the joint airport zoning board shall be promptly considered and granted or denied. Applications for action by the board of adjustment shall be forthwith transmitted by the chairman of the joint airport zoning board. Sec. 14­78. Board of adjustment. February 14, 2012 (a) There is created a board of adjustment to have and exercise the following powers: (1) To hear and decide appeals from any order, requirement, decision or determination made by the joint airport zoning board in the enforcement of this article; (2) To hear and decide special exceptions to the terms of this article upon which such board of adjustment under such regulations may be required to pass; and (3) To hear and decide specific variances. (b) The board of adjustment shall consist of five members appointed by the joint airport zoning board as prescribed in the provisions of V.T.C.A., Local Government Code ch. 241; and each member shall serve for a term of two years and shall be removable for cause by the appointing authority upon written charges, after a public hearing. (c) The board of adjustment shall adopt rules for its governance and procedure in harmony with the provisions of this article. Meetings of the board of adjustment shall be held at the call of the chairman and at such times as the board of adjustment may determine. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All hearings of the board of adjustment shall be public. The board of adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall immediately be filed in the office of the county clerk and shall be a public record. (d) The board of adjustment shall make written findings of fact and conclusions of law giving the facts upon which it acted and its legal conclusions from such facts in reversing, affirming or modifying any order, requirement, decision or determination which comes before it under the provisions of this article. Clifton Code of Ordinances Page 42 (e) The concurring vote of four members of the board of adjustment shall be sufficient to reverse any order, requirement, decision or determination of the joint airport zoning board or to decide in favor of the applicant on any matter upon which it is required to pass under this article, or to effect any variation in this article. Sec. 14­79. Appeals. (a) Any person aggrieved or any taxpayer affected by any decision of the joint airport zoning board made in his administration of this article, or the governing body of a political subdivision or a joint airport zoning board, if of the opinion that a decision of the joint airport zoning board is an improper application of these regulations, may appeal to the board of adjustment. (b) All appeals under this section must be taken within a reasonable time as provided by the rules of the board of adjustment, by filing with the joint airport zoning board a notice of appeal specifying the grounds of appeal. The joint airport zoning board shall forthwith transmit to the board of adjustment all the papers constituting the record upon which the action appealed from was taken. (c) An appeal shall stay all proceedings in furtherance of the action appealed from unless the joint airport zoning board certifies, in writing, to the board of adjustment, after the notice of appeal has been filed with it, that by reason of the facts stated in the certificate a stay would, in its opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed except by order of the board of adjustment on notice to the agency from which the appeal is taken and on due cause shown. (d) The board of adjustment shall fix a reasonable time for hearing appeals, give public notice and due notice to the parties in interest, and decide the appeal within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney. February 14, 2012 (e) The board of adjustment may in conformity with the provisions of this article, reverse or affirm, in whole or in part, or modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as may be appropriate under the circumstances; and for that purpose, the board has the same authority as the administrative agency from which the appeal was taken. Sec. 14­80. Judicial review. Any person aggrieved or any taxpayer affected by any decision of the board of adjustment or the governing body of a political subdivision or a joint airport zoning board that believes a decision of the board of adjustment is illegal may appeal to the court of record as provided in V.T.C.A., Local Government Code § 241.041. Sec. 14­81. Conflicting regulations. Where there exists a conflict between any of the regulations or limitations prescribed in this article and any other regulations applicable to the same area, whether the conflict be with respect to the height of structures or trees, the use of land, or any other matter, the more stringent limitation or requirement shall govern and prevail. Sec. 14­82. Penalties. Each violation of this article or of any regulation, order or ruling promulgated under this article shall constitute a misdemeanor and be punishable by a fine; and each day a violation continues to exist shall constitute a separate offense. Sections 14­83 through 14­100. Reserved ARTICLE IV. AIRPORT RULES AND REGULATIONS Section 14­101. General Airport Rules and Regulations. The following rules and regulations shall be observed in the use and operation of the Airport: Clifton Code of Ordinances Page 43 Rule 1‐1. Federal Rules ‐ Rules of the Federal Aviation Administration (FAA) for aircraft operated within the United States are to be observed. Rule 1‐2. Safeguard of Persons and Property ‐ The Airport Manager shall at all times have authority to take necessary and legal actions to safeguard any person, aircraft, equipment or property at the Airport. Rule 1‐3. Through‐the‐Fence Operations Prohibited ‐ No private individual, partnership, FBO, company, or corporation shall be permitted direct ground access to or from the Airport by their aircraft, customers' aircraft, or private vehicle from property adjacent to or in the immediate vicinity of the Airport ‐ a practice commonly known as a "through‐the‐fence operation." Under extenuating circumstances, the City Council may request approval from TxDOT Aviation Division for certain through‐the‐ fence operations on a case by case basis. Existing authorized "through the fence" operations are "grandfathered. " Rule 1‐4. Lien for Charges ‐ To enforce the payment of any charge for repairs, improvements, storage, or care of any personal property by the City or its agents, the City may place a lien upon such personal property which shall be enforceable as provided by law. Rule 1‐5. Unauthorized Signs and Equipment ‐ No signs, non‐aeronautical equipment, portable buildings, or trailers may be erected, moved‐in, or installed on Airport property, except as may be specifically authorized by the Airport Manager. Rule 1‐8. Damage to Airport ‐ Any owner of any aircraft causing damage of any kind to the Airport, whether through violation of any of these rules, through vandalism, or any act of negligence, shall be liable therefore in and to the City. Rule 1‐9. Injury to Person ‐ Persons entering the Airport ground side property by automobile, or other vehicular conveyance, do so at their own risk and with no liability incurring to the City for any injury or damage to person or property. Further, any person desiring to use the Airport shall observe and obey all laws, regulations, orders, rules, and regulations promulgated and enforced by the City or by any other Authority having jurisdiction over the operation of the Airport. Rule 1‐10. Licensed Pilots ‐ Only aircraft with current FAA registration and airworthiness and persons holding current airman and medical certificates for those flight operations requiring medical certificates, shall be authorized to operate aircraft upon the Airport. Aircraft licensed by a foreign government with which the United States has a reciprocal agreement covering the operation of such licensed aircraft shall be authorized to use the Airport. Use of the Airport by ultra light aircraft (FAR 103) and light sport aircraft in the weight shift control and powered parachute class shall be subject to approval by the City Council and shall be in accordance with FAA. Rule 1‐6. Surreptitious Activities ‐ Any persons observing suspicious, unauthorized or criminal activities should report such activities immediately to the Airport Manager, local police, or officers of the Texas Department of Public Safety. Rule 1‐11. Registration ‐ Each person owning an aircraft based at the Airport, or any person based and receiving flight instruction toward a FAA rating at the Airport shall register at the office of the Airport manager, provide their name, address, telephone number, aircraft model, aircraft registration "N" number, and the name, address and telephone number of their next of kin or person to be notified in case of an accident or emergency. Rule 1‐7. Repairs to Aircraft ‐ No aircraft shall be repaired on any part of the landing or takeoff area. Rule 1‐12. Animals ‐ No person shall enter the Airport with a dog, cat, or other animal unless the animal is, and remains, restrained by a leash February 14, 2012 Clifton Code of Ordinances Page 44 or properly confined as determined by the Airport Manager. Rule 1‐13. Living Quarters ‐ No person may make permanent living quarters on Airport without approval by the City Council. Rule 1‐14. Foreign Objects ‐ No foreign objects that may cause damage to an aircraft shall be left upon any part of the surface area of the Airport. Individuals are encouraged to pick up foreign objects when observed and place them in a trash receptacle. Rule 1‐15. Litter ‐ No trash will be allowed to accumulate in or about a hanger and should be placed in proper containers. If such trash and litter is permitted to accumulate around a privately owned, rented, or leased hangar / building, the hangar / building owner, renter or lessee may be notified by registered letter to remove the offending litter. If within ten (10) working days after receipt of the letter the responsible person has not removed the trash and litter as directed, the City may have the area cleaned and the cost for such cleaning shall be charged to the hanger/building owner, renter, or lessee. Section 14­102. Ground Operations Rule 2‐1. Air, Ground and Vehicular Traffic ‐ No person shall operate a vehicle on the Airport except in accordance with the following rules, and all federal, state, and local laws. All vehicles shall yield right‐of‐way to aircraft in motion and emergency vehicles. Rule 2‐2. Speed Limits ‐ All vehicles shall be operated within the posted speed limits at the Airport. Section 14­103. Aircraft Operation Rules Rule 3‐1. Aircraft Tie Downs ‐ All aircraft not hangared shall be tied down and additionally should have the wheels chocked when remaining overnight and during inclement weather. Rule 3‐2. Running Aircraft Engines February 14, 2012 A. Aircraft not equipped with adequate brakes shall not be started until the wheels have been set with chocks attached to ropes or other suitable means of removing them. B. No aircraft will be left running without a qualified person at the controls. C. No aircraft engine shall be started or run inside any building or hangar. D. Watch your prop blast and use only power necessary. Rule 3‐3. Damage to Airport Lighting ‐ Any person damaging any runway, ramp, or taxiway light or fixture by operation of aircraft or otherwise, shall immediately report such damage to the Airport Manager. Persons causing damage to runway and taxiway lights as a result of negligent operation of an aircraft or willful acts will be liable for replacement cost of the light(s) and/or fixture(s) and may be charged with a misdemeanor. Rule 3‐4. Taxiing Aircraft ‐ Aircraft will be taxied at a safe and prudent speed and in such manner as to be under the control of the pilot in command at all times. Aircraft shall not be taxied by engine power into or out of any hangar. Rule 3‐5. Parking Aircraft ‐ All aircraft not hangared shall be parked in the areas designed by the Airport Manager for that purpose. Rule 3‐6. Authority to Suspend Operations ‐ The Airport Manager may suspend or restrict any or all operations whenever such action is deemed necessary in the interest of safety. Rule 3‐7. Standard Traffic Patterns and Altitude, Non‐Towered Airports ‐ All flight activity will adhere to FAA Advisory Circular 90‐66 (latest change) "Recommended Standard Traffic Patterns and Practices for Aeronautical Operations at Airports Without Operating Control Towers." Rule 3‐8. Takeoffs on Other Than Runways ‐ Takeoffs or landing shall not be made on the apron, parking ramp, taxiway, or any area other than designated runways. Clifton Code of Ordinances Page 45 Rule 3‐9. Student Training, Local Operations ‐ Flight instructors shall avail themselves and their students of all rules and regulations, including local rules and F ARs in effect at the Airport. A. All aircraft fueling, fuel equipment, and procedures will be in accordance with Manual 407 ‐ "Standard for Aircraft Fuel Servicing, 2007 edition," (or as revised). 1‐
800‐344‐3555, http://catalog.nfpa.org Rule 3‐10. Agricultural Spraying Operations ‐ Agricultural (Ag) spraying operations will be conducted in accordance with procedures approved by the Airport Manager. Each Ag operator shall carry Airport Premises liability insurance in the amount of $1,000,000.00 dollars, and name the City as additional insured. The Ag operator is liable for the cleanup of any chemical spills on Airport property caused by the Ag operator. B. All transportation, storage and other handling of aircraft and vehicle fuel shall comply with the International Fire Code. Rule 3‐11. Special Procedures, Parachuting A. The Airport Manager may, in the interest of safety, designate special traffic procedures for certain operations, such as helicopters, air shows, or aviation fly‐ins, agricultural operations, gyroplanes, powered lift, gliders, balloons, airships, ultra lights, and light sport aircraft in the weight shift control or powered parachute class. B. Parachute descent onto the Airport property shall not be permitted without the recommendations of the City Airport Advisory Board and the written approval of the City Council. The Airport Manager may develop operating procedures and designated landing areas for parachute operations on a one‐time basis. Rule 3‐12. Model Aircraft ‐ Model aircraft not capable of carrying a person shall not be permitted to operate, take off or be launched from, flown over or land at the Airport. Model AIC operations for specific aeronautical events such as fly‐ins or air shows may be approved for specific times by the City Council or Airport Manager. Section 14­104. Fueling, Flammable Fluids, and Fire Safety Rule 4‐1. Fueling Aircraft February 14, 2012 C. Aircraft fuel storage tanks for below‐
ground or above‐ground use will be constructed and installed, registered as required, monitored for leakage, operated, and maintained in accordance with Federal and State statutes, rules, and regulations promulgated by the EnvirolU11ental Protection Agency and the Texas Commission on Environmental Quality. D. Do not fuel or defuel inside any building or T‐hanger. E. Aviation or auto fuels shall not be stored within a hangar or building except in approved five (5) gallon or smaller containers manufactured and marked for such purpose and only with the approval of the local Fire Marshal. Maintenance defueling tanks can be stored inside for safety reasons. F. Persons or businesses wishing to dispense fuel into their privately owned aircraft shall not be denied; however, they must meet all reasonable requirements the City places on other fuel suppliers, public or private. Private fueling facilities located on leased or private property must be installed and the fuel dispensed in accordance with all rules applicable to aircraft fueling and fire safety contained herein. G. All aviation fuel storage tanks, aviation fuel pumps, hydrant fuel services, and aircraft fuel service vehicles, whether publicly or privately owned, shall have the type of aviation fuel dispensed printed in large block letters, including octane if aviation gasoline, plus the fuel J.D. number, and "NO SMOKING" signs. This information Clifton Code of Ordinances Page 46 shall be printed on all sides of the fueling tanks, pumps, etc. so the information is visible from any direction on the ground. H. Fuel spills in excess of five gallons must be reported to the Airport Manager and immediate action taken by the spilling entity to clean up the spill in accordance with all local, state, and federal regulations. Rule 4‐2. Fuel Flowage Fee ‐ Will be on a contract basis with the FBO. Rule 4‐3. Fire Safety A. Every person using the Airport or its facilities in any manner shall exercise the greatest care and caution to avoid and prevent fire. B. Smoking or open flame within fifty (50) feet of any fuel tank, fuel pump, or fuel truck is prohibited. C. No flammable substance shall be used for the cleaning of any aircraft part except approved parts washers, or anything inside a hangar, T ‐hangar, or other building upon the Airport. D. Hangar entrances must be clear in a manner such that emergency or fire/rescue personnel and equipment can immediately access the hangar without hindrance. E. All Airport tenants and lessees are recommended to supply and maintain such adequate and readily accessible fire extinguishers as may be required by applicable fire codes and regulations. Each fire extinguisher shall carry a suitable tag showing the date of the most recent inspection. Section 14­105. Environmental and General Rule 5‐1. Flying Clubs ‐ A Flying Club ("Club") shall, at the time of applying for a lease, license, permit or agreement to operate at the Airport, furnish a copy of its documents of organization, members and rules. February 14, 2012 Rule 5‐2. Environmental Issues and Indemnification ‐ The substances referred to in (A), (B), (C) or (D) are collectively referred to hereinafter as "Hazardous Materials". Any tenant of the Airport, its agents, employees, independent contractors, or sub‐lessee shall not install, store, use, treat, transport or dispose of any: A. Asbestos in any form B. Urea formaldehyde foam insulation C. Transformers or other equipment which contain dielectric fluid containing level of polychlorinated biphenyls in excess of 50 parts per million; or D. Any other chemical, material, air pollutant, toxic pollutant, waste, or substance which is regulated as toxic or hazardous or exposure to which is prohibited in amounts in excess of that permitted or deemed safe under applicable law; or in any manner which is prohibited or deemed unsafe under applicable law. Rule 5‐3. Environmental Cleanup Laws ‐ An Airport tenant will, at their own expense, comply with all existing or hereafter enacted laws relating to Hazardous Materials (collectively "Cleanup Laws") in effect at the time of the lease, and all future laws thereafter. Rule 5‐4. Environmental Notices ‐ An Airport tenant shall promptly supply the City Council with copies of any notices of violation received from any governmental authorities of the United States Environmental Protection Agency. Rule 5‐5. Environmental Survival ‐ An Airport tenant's liability pursuant to any environmental issue shall survive the expiration or earlier termination of their lease for sixty (60) days. Rule 5‐6. Storm Water Compliance A. The Airport is subject to federal storm water regulations, 40 C.F.R. Part 122 for "Vehicle Maintenance Shops" (including vehicles rehabilitation, mechanical repairs, painting, fueling and lubrication storm water regulations). Each Airport tenant shall Clifton Code of Ordinances Page 47 become familiar with these storm water regulations if it conducts "vehicle maintenance" or operates equipment cleaning operations as defined in the federal storm water regulations. person whomsoever, for any injury to persons or damages to property on or about the leased premises or any adjacent area owned by the City. B. An Airport tenant's close cooperation is necessary to ensure compliance with any storm water discharge permit terms and conditions, as well as to ensure safety and to minimize costs. Rule 6‐1. Locking the gate ‐ All Airport access gates shall be locked at sunset and during all non¬‐business hours. The Airport Manager is responsible for locking, but may require the last Lessee/Tenant or full‐time FBO employee leaving the airport to secure the Main Entrance Gate. If in doubt, LOCK THE GATE. C. The City will provide an Airport tenant with a written notice of those storm water discharge permit requirements that are in the City's storm water permit that a tenant will be obligated to perform from time to time. Rule 5‐7. Insurance ‐ An Airport tenant shall during the term of lease maintain at their cost and expense insurance relating to the leased premises as follows: A. General public liability insurance against claims for bodily injury, death or property damage occurring on, in, or about the leased premises, such insurance to afford protection to City of not less than $1,000,000.00 combined limit to personal or property damage. B. Hangar keeper's liability insurance providing coverage for aircraft not owned by the tenant in the following limits: $100,000.00 per aircraft and $300,000.00 per occurrence on property damage to aircraft in the care, custody, or control of tenant. Section 14­106. Airport Security Rule 6‐2. Keylocks ‐ All gates will be secured with hardened steel chain and hardened steel keylocks. Rule 6‐3. Keys ‐ Numbered keys to locks will be issued only by the Airport Manager and will be marked 'DO NOT DUPLICATE'. These keys shall be issued ONLY to: The Airport Manager; All lessees/tenants that have an airplane domiciled at the Airport and are bound by a current Airport Lease Agreement; Full‐time employees of the FBO and any other authorized business located on the Airport; Local law enforcement, fire department and emergency services, and City Public Works Director. Rule 6‐4. Key usage ‐ Recipients of keys shall be informed that loaning, duplicating, giving or otherwise sharing of keys is a violation of Airport Regulations and Federal statutes. C. Tenants should provide fire damage insurance coverage for leased structures in the amount of at least $100,000.00. Rule 6‐5. List of key‐holders ‐ The Airport Manager will maintain a current list of all holders of the numbered keys and make it available to law enforcement and the City Manager upon demand. D. All such policies of insurance shall be issued by insurance companies acceptable to the City, shall name the City as an additional insured or loss payee, as the case may be, and shall provide for at least ten (10) days written notice prior to cancellation or modification. Rule 6‐6. After‐hours ‐ Authorized holders of keys who open a gate during non‐business hours will be REQUIRED to close the gate when they leave or require anyone arriving before their departure to leave or lock the gate when they leave. Rule 5‐8. Non‐Liability‐ The City shall not be liable to an Airport tenant's employees, agents, servants, customers, invitees, or to any other Rule 6‐7. Key possession ‐ Authorized holders of keys will keep them in safe personal possession February 14, 2012 Clifton Code of Ordinances Page 48 at all times. Failure to abide by these basic needs will be considered a violation. Rule 6‐8. Changing keys ‐ Keys to the Airport will be CHANGED January 1 of each year and replaced to all holders described in (C) above. Rule 6‐9. Through‐the fence authority ‐ The holder of the Through‐The‐Fence Authority has access to the Airport Runways and Taxiways granted by statute. Unless attended, however, their access gate must be locked after sunset and during non‐business hours. They shall not give unauthorized foot or vehicular access to the Airport when the Airport access gates are customarily locked. Rule 6‐10. Security camera ‐ The Airport security camera system is the property of the City. The Airport Manager will maintain the security camera system in operating condition at all times. He will make images available to law enforcement and/or the City manager upon demand. The Airport Manager will not allow unauthorized copies of images to be made nor distributed to unauthorized parties, nor will he delete images except as accomplished by the normal operation of the system. The Airport Manager will be the sole holder of the password to this computer security system. Rule 6‐11. Other Responsibilities ‐ Lessees/Tenants of the airport are responsible for keeping hangars, vehicles, and airplanes locked when not attended. Rule 6‐12. Liability ‐ The city of Clifton Airport is not responsible for items lost, damaged or stolen and disclaims all liability except exercising reasonable care in keeping premises locked and under video surveillance as described. Rule 6‐13. Access Codes/Devices ‐ Persons who have been provided either a code or device for the purpose of obtaining access to the Airport shall not divulge, duplicate, or otherwise distribute the same to any other person, unless otherwise approved by the Airport Manager. February 14, 2012 CHAPTERS 15 THRU 17 RESERVED CHAPTER 18 BUILDINGS AND BUILDING REGULATIONS State law references: Authority of municipalities to establish building lines, V.T.C.A., Local Government Code ch. 213; municipal regulation of structures, V.T.C.A., Local Government Code ch. 214; designation of fire limits, removal or destruction of structures, V.T.C.A., Local Government Code § 342.012; trench excavation safety, V.T.C.A., Health and Safety Code § 756.021 et seq.; fire escapes, V.T.C.A., Health and Safety Code § 791.001 et seq.; Manufactured Housing Standards Act, Vernon's Ann. Civ. St. art. 5221f; industrialized housing and buildings, Vernon's Ann. Civ. St. art. 5221f‐1; Plumbing License Law, Vernon's Ann. Civ. St. art. 6243‐101; Residential Service Company Act, Vernon's Ann. Civ. St. art. 6573b. ARTICLE I. IN GENERAL The 2003 International Building Code, 2003 International Residential Code, 2003 International Mechanical Code, 2003 International Plumbing Code, 2003 International Fire Code, 2003 International Fuel Gas Code, and 2003 National Electric Code, as amended herein, are adopted by reference as building codes of the city. Sec. 18­1. Installations in developments. It will be the developer's responsibility to install water, sewer, curb and streets in any development or non‐existing streets. The city's only responsibility will be to furnish the main line to the undeveloped property line. A Certificate of Occupancy will not be issued to any home owners or contractors until all developer’s responsibilities are met. Sec 18­2 Display of Building Number The owner of a lot or tract of land on which one or more buildings or structures have been Clifton Code of Ordinances Page 49 located shall obtain and place the assigned building number (street address number) on the property in an acceptable location clearly visible and legible from the street. The street address number shall be placed facing the street on which the structure is addressed. Acceptable locations for the street address number include on the building or structure itself, on or at the curb, on a curbside mailbox, curbside sign, or other permanent structures. Each primary building shall be separately identified with an assigned number. The number shall be Arabic numerals not less than three (3) inches in height reflective or in colors that contrast with the principal building or structure as to be easily identifiable located so that emergency personnel can easily read and identify the address enumeration On all new construction, the street address numbers shall be properly posted by the earlier of either the issuance of the Certificate of Occupancy or the occupancy of the structure. Each building or unit in a mobile home park, apartment complex or multi‐building commercial complex shall have posted on it its individual street address number including, as applicable, that building’s or unit’s sub‐address. Address number changes may be requested by the general public or by city staff. The City Administrator, or his or her designee, shall review the proposed address number change to ensure that it conforms with existing numbering and established policies and then shall either approve, deny, or modify such request in writing. A violation of any provision of this Article Is a misdemeanor and is punishable as permitted by this Code, as it may be amended from time to time. A separate offense shall be deemed February 14, 2012 committed on each day during or on which a violation of this Article occurs or continues to occur. (Ord. 080701) Secs. 18­3 thru 18­35. Reserved. ARTICLE II. BUILDING CODE Sec. 18­36. Compliance with article. No building shall be built, enlarged or altered, except in accordance with this article and the codes adopted herein. Sec. 18­37. Adopted; violations; fees. (a) The 2003 International Building Code, 2003 International Residential Code, and 2003 International Mechanical Code, as amended herein, are adopted by reference as building codes of the city. Ordinance 060904 b)Each violation of the building code, as set out in such code, shall be a misdemeanor offense, punishable by a fine; and each day in which a violation occurs or continues shall be a separate offense. (c) On all buildings, structures or alterations requiring a building permit, a fee shall be paid as required at the time of filing application, in accordance with the schedule established by the council. (d) If in the opinion of the building official the valuation of a building, alteration or structure appears to be underestimated on the application, a permit shall be denied unless the applicant can show detailed estimated cost to meet the approval of the building official. Permit valuations shall include total cost, such as plumbing, electrical, mechanical equipment and other systems. Sec. 18­38. Fire limits established. The fire limits of the city are established as provided by the council. Sec. 18­39. Inspection of work. The building official shall inspect, as often as practical, construction in progress pursuant to a Clifton Code of Ordinances Page 50 permit issued under this article to see that all provisions of this article are being complied with. (2) All electrical work and wiring requiring an additional circuit or circuits in conjunction with additions or alterations to existing buildings. Secs. 18­40 thru 18­70. Reserved. Sec. 18­108. Installation standards generally. ARTICLE III. PLUMBING CODE Sec. 18­71. Adopted; violations. (a) The 2003 International Plumbing code, as amended herein, is adopted by reference as the plumbing code for the city. Ordinance 060904 (b) Each violation of the plumbing code, as set out in such code, shall be a misdemeanor offense, punishable by a fine; and each day in which a violation occurs or continues shall be a separate offense. (a) The 2003 National Electrical Code as amended, of rules, regulations and requirements for the installation of electrical wiring and apparatus is adopted as a standard for the installation of all electrical wiring, apparatus and fixtures, except as otherwise specifically provided in this article; and such code is made a part of this article as fully as though copied in this Article In full. ARTICLE IV. ELECTRICAL CODE (b) All electrical installation and construction, all material and all apparatus used in connection with electrical work, and the operation of all electrical apparatus shall be in conformity with the rules, regulations and requirements of the National Electrical Code and section 18‐112. DIVISION 1. GENERALLY Sec. 18­109. Work permit. Secs. 18­72 thru 18­105. Reserved. The 2003 National Electric Code, as amended herein, is adopted by reference as the electric code for the city. Ordinance 060904 Sec. 18­106. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Electrical wiring and apparatus includes all material, devices, machinery, appliances or conductors used in connection with the supplying of electrical energy for lights, heat or power or the transmission of electrical signals. Sec. 18­107. Application of article. The provisions of this article shall be applicable to all electrical work and electrical wiring and apparatus done, performed or installed within the city from and after January 7, 1966, only in connection with: (1) All new construction; and February 14, 2012 (a) Application; fee. It shall be unlawful for any person to commence the installation or alteration of any electrical work, wiring or apparatus for use in connection with electric light, heating or power, either outside or inside of any building, within the city, without first making application in writing, in person or through a duly authorized agent, at the city office, on forms furnished by the electrical inspector or city secretary, for a permit for such installation or alteration of electrical wiring and apparatus. Such application shall contain such description, by street and number or by lot and block number, as may be necessary to identify the location of the work to be done. A permit fee for new construction and for work in conjunction with additions or alterations to existing buildings, which shall be as established by the council, shall be paid by the applicant before a permit shall be issued. All such permit fees shall be disposed of as the city council may direct. (b) Applicant's bond. No permit for electrical work shall be issued unless the person applying Clifton Code of Ordinances Page 51 for the permit shall have on file with the city secretary a good, valid and effective bond in the penal sum of $1,000.00, payable to the city, conditioned upon compliance with this article, regulating electrical wiring and apparatus and the faithful performance of any contract entered into for the installation of electrical wiring and apparatus for use in connection with electric light, heating or power. Such bond shall be executed by such applicant and by a responsible surety company authorized to do a surety business in the state, and such bond shall be approved by the city secretary. Such bond may be an annual electrician's bond posted and filed by the permittee, bonding the permittee as for all such electrical work during its effective period. Any person making application for a permit for electrical work to be done by such applicant in person on his personal residence or improvements to be used as his personal residence shall not be required to post or file such bond but shall be required to obtain such permit and inspections of such work as provided in this article. (c) Issuance. Upon application being made and the permit fee paid as provided for in subsection (a) of this section, and subject to the provisions of subsections (b) and (d) of this section, the electrical inspector or city secretary shall issue a permit for the installation or alteration of any electrical work. (d) Violations. Any failure on the part of a permittee to comply with the provisions of this article regulating electrical wiring and apparatus or to faithfully carry out the conditions of a contract for installing electric wiring and apparatus shall be deemed sufficient cause for the forfeiture of the permittee's bond by action of the city council, by order entered to such effect after hearing, upon the recommendation of the electrical inspector. The amount realized upon the forfeiture of any bond over and above the expense involved in its forfeiture shall be expended in making the necessary changes in the electric wiring and apparatus found to be contrary to the provisions of this article or deficient in quality or other particulars as February 14, 2012 specified in the contract or contracts entered into and covered by the bond; and the unused balance, if any, shall be paid into the city treasury, to be used for such purposes as the city council may direct. Sec. 18­110. Inspection of new work. (a) Upon the issuance of a permit under this article, the electrical inspector shall carefully inspect such work during and after its completion. If such electrical work or electrical wiring and apparatus is proved to be performed, furnished or installed in accordance with all rules and requirements governing the work, the electrical inspector shall issue a certificate approving the work. (b) Application for electrical inspection must be made at the city office in the forenoon, if desired in the afternoon of the same day, or in the afternoon, if inspection is desired in the forenoon of the next regular working day. Saturdays, Sundays and holidays shall not be considered as working days. There shall be two inspections on all work, both provided for by the original permit granted. One inspection shall be made when roughing‐in is completed and the second inspection shall be made upon the completion of the work. (c) Inspection fees shall be as established by the council. If additional inspections are required at the discretion of the electrical inspector because of a defect or deficiency in the work or apparatus at the time inspected, on either the first or second inspection, or for any other good cause, an inspection fee, which shall be as established by the council, shall be charged the permittee and paid by him to the city for each such inspection in excess of the two regular inspections provided for in subsection (b). All such inspection fees shall be disposed of as the city council may direct. (d) Upon the completion of the installation of electric wires and apparatus in any building for use in connection with electric light, heat or power, it shall be the duty of the person doing the work to notify the electrical inspector, who shall at once inspect the work and, if approved Clifton Code of Ordinances Page 52 by him, he shall issue a certificate of satisfactory inspection which shall contain the date of inspection and outline of the results of such examination. No certificate shall be issued unless all connected electrical wiring and apparatus are in strict conformity with the rules and regulations set forth in this article, nor shall current be turned on any wiring and apparatus until a certificate of satisfactory inspection is issued. Sec. 18­111. Concealing work without permission. No person shall conceal or cause to be concealed any electrical wiring or apparatus mentioned in this article except with the express permission of the electrical inspector; and he is authorized and directed to require the removal of any flooring, lathing or plaster, sheet metal or other material which may conceal any electrical wiring or apparatus contrary to the provisions of this article. On completion of the inspection of any electrical wiring or apparatus designed to be concealed and found to be in full compliance with the provisions of this article, it shall be the duty of the electrical inspector to post a notice to that effect at the main cut‐out center, which shall be considered as an express permission to conceal the electrical wiring and apparatus; but no concealment shall take place until such notice has been posted by the electrical inspector. Sec. 18­112. Miscellaneous specifications. (a) The miscellaneous specifications set forth in this section shall apply in governing electrical work in the city, whether or not specifically covered in the National Electrical Code, and whether or not in conflict with any provision of such code. (b) No conductor supplying electricity for lighting or appliances shall be smaller than AWG wire size #12. (c) Not more than eight light outlets shall be installed on one circuit, and not more than six receptacle outlets shall be installed on one February 14, 2012 circuit. In case of lighting and receptacle openings on the same circuit, such circuit shall not have more than six openings. (d) Size #14 AWG wire may be used on switch legs where the light outlets are singly switched. In case of one switch being used to turn on more than one light simultaneously, no wire smaller than AWG #12 shall be used. (e) A kitchen appliance circuit shall be a separate circuit fused not to exceed 20 amperes, and no adjoining room outlets shall be made a part of the circuit. (f) No electrical wire shall be fused above the allowable current‐carrying capacity of insulated conductors in amperes as specified in the National Electrical Code. (g) All exposed wiring in buildings other than private residences shall be enclosed in conduit or electric metallic tubing. In such cases, all exposed wiring from floor level to seven feet above floor level shall be enclosed in rigid conduit, and all exposed wiring seven feet from floor level and above may be enclosed in metallic tubing where adaptable and suitable. (h) In cases of installation in construction of new buildings, the multibreaker or fusebox shall be of a size sufficient to leave a minimum of four spare circuits upon completion. Pull wires must be installed through separate or individual holes in both the multibreaker or fusebox enclosure and the ceiling plate, continuous from the inside of the enclosure to an accessible place in the attic (provided such building has an attic). (i) All wires entering a multibreaker or fusebox enclosure or junction box must be clamped at the entering point by means of box connectors, either separate clamps or box clamp provided. (j) No wire shall be spliced in any other place than in a junction box. (k) All joints must be soldered or approved compression fittings used and taped on rough‐
in jobs, and fixture leads must be soldered or a Clifton Code of Ordinances Page 53 National Electrical Code approved fixture connector used. Sec. 18­115. Location of gas pipe near electric wires. (l) Service entrance conductors shall have sufficient current‐carrying capacity to adequately carry the load; however, no service entrance conductor shall be smaller than AWG wire size #6 except for installations requiring not more than two branch circuits not in excess of 15 amperes each. Any person desiring to place any gas pipe within six inches of any electric wire installed for use in connection with electric light, heat or power shall, before proceeding with the execution of the work, obtain from the electrical inspector permission for such work; and, on completion of such work, such person shall notify the electrical inspector, who shall inspect the work and cause all wires to be placed in a safe and secure condition. (m) Nonmetallic sheathed cable shall be firmly secured by approved staples or fittings at intervals not exceeding 4 1/2 feet and within 12 inches from every outlet, except that in concealed work where such supporting is impracticable the cable may be fished from outlet to outlet. Sec. 18­113. Service entrance clearance. All electric service entrance on buildings or structures in the city shall be located so as to provide a minimum clearance of eight feet above the ground at the service entrance fitting or weather head, where electric service wires are attached. No person shall locate such entrance fittings or weather heads at distances lower than eight feet above the ground, and persons furnishing electric service in the city are prohibited from attaching electric service wires to buildings or structures at points lower than twelve feet measured from the ground to overhead wires. Sec. 18­114. Wires not to interfere with fire department or obstruct fire escapes. No electric wire shall be installed, operated or maintained over any street, alley, sidewalk or building which shall be liable to seriously interfere with the work of the fire department in the use of ladders or other apparatus, or which shall obstruct or render hazardous the use of fire escapes; and, on complaint of the fire chief, such wires interfering or hazardous wires shall be removed or properly rearranged. February 14, 2012 Sec. 18­116. Article does not affect liability for damages. This article shall not be construed to relieve from or lessen the responsibility of any person installing, operating or controlling any electrical wiring or apparatus for damage to anyone injured by such work; nor shall the city be held or regarded as assuming any liability by reason of the inspection authorized in this article or certificate or permit issued pursuant to the provisions of this article. Secs. 18­117 thru 18­140. Reserved. DIVISION 2. ELECTRICAL INSPECTOR Sec. 18­141. Office created; appointment; qualifications; records and reports. The office of electrical inspector in and for the city is created and established; and such office shall be filled by appointment of the city administrator. The electrical inspector shall be well versed in the rules, regulations and requirements of the National Electrical Code. The electrical inspector shall keep a complete record of all permits issued, bonds filed under this article, inspections made, and other official work performed by him as required by this article, and shall make such reports to the city council as the council shall direct. Sec. 18­142. Enforcement of article. It shall be the duty of the electrical inspector to enforce the provisions of this article or any Clifton Code of Ordinances Page 54 ordinance which may be adopted concerning electric wiring or apparatus. a. The nature or general character of the structure; Sec. 18­143. Right of entry. b. Its overall length, width and height; The electrical inspector shall have the right, during reasonable hours, to enter any building in the discharge of his official duties or for the purpose of making any test or inspection of the electrical wiring and apparatus contained in such building; and, for that purpose, he shall be given prompt access to all buildings, private or public, on application to the company or individual owning or in charge or control of the building. c. The make and model of the towing vehicle; Sec. 18­144. Questions not provided for in article. The electrical inspector shall decide all questions not provided for in this article pertaining to the installation, operation or maintenance of electric wiring and apparatus. Sec. 18­145. Interference. No person shall interfere with the electrical inspector while in the performance of his duty, and each interference shall be deemed to constitute a separate offense within the intent and meaning of this article. Secs. 18­146 thru 18­180. Reserved. ARTICLE V. PERMIT TO MOVE OVERSIZED STRUCTURES Sec. 18­181. Required. It shall be unlawful for any person to move over, along and upon any street, alley or other public place in this city any structure or part of a structure which, separately or in combination with the towing vehicle, is in excess of the legal height, length or width provided for state or county highways by the laws of this state, without first obtaining a city permit to do so. Sec. 18­182. Application. Application for a permit required by this article shall be in writing, filed with the city secretary, and shall contain the following: February 14, 2012 d. The length and width of the towing vehicle; e. The overall length and width of the combined structure and the towing vehicle; and f. The overall height of the structure and its vehicular support. g. The streets, alleys or other public places over which such structure is to be moved, indicating the point of origin and destination. h. Such application shall be dated and signed by the applicant or in his behalf by a duly authorized agent. i. A special application is required for moving homes into the city. j. This section does not apply to oversized structures being moved through the city on State Highway 6 and/or Farm Road 219. Sec. 18­183. Fee. The fee for a permit required by this article shall be as established by the council. Such fee shall be paid in cash or by cashiers or certified check or postal or express money order at the time the application for the permit is filed. Sec. 18­184. Applicant's indemnity agreement. Each application for a permit under this article shall be accompanied by an indemnity agreement signed by the applicant or, in his behalf, by a duly authorized agent, whereby the applicant agrees, without reservation, to reimburse the city for any and all damage to streets and public property occasioned by, connected with, or growing out of the transportation of the structure. Sec. 18­185. Issuance generally. A permit required by this article shall be issued by the city secretary after all requirements of this article are met. Clifton Code of Ordinances Page 55 Sec. 18­186. Exemptions from article. This article shall be subject to the provisions of all applicable laws of the state, including without limitation V.T.C.A., Transportation Code chs. 621 thru 623; and no fee or permit shall be required for movements of oversize structures if state law prohibits a municipal fee or permit. Secs. 18­187 thru 18­199. Reserved. ARTICLE VI. SIGNS Sec. 18­200. Purpose and objectives The purpose of this section is to provide clear regulations for the permitting, construction, location, erection, modification, use, maintenance and removal of signs in the city and its extraterritorial jurisdiction (ETJ). The objectives are: to encourage the effective use of signs as a means of communication in the city; to maintain and enhance the community’s overall aesthetic environment and the city’s ability to attract sources of economic development and growth; to improve pedestrian and traffic safety; to minimize the possible adverse effect of signs on nearby public and private property; and to enable the fair and consistent enforcement of this section. Sec. 18­201. Jurisdiction This section shall be applied to all areas within the corporate limits of the city and those areas within the city’s extraterritorial jurisdiction (ETJ) where allowed by law. Sec. 18­202. Definitions. The following words, terms, and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Abandoned sign means a sign that advertises or announces a business or service that has been closed for 180 days or more, or the structural supports of a sign with the advertising face or copy removed for 180 days or more. February 14, 2012 Animated sign means any sign that uses mechanical movement or change of lighting to depict action or create a special effect or scene. Attached/building sign means any sign attached to any part of a building, as contrasted to a freestanding/detached sign. Banner means a sign intended to be hung either with or without frames, made of paper, plastic or fabric of any kind, and which may possess colors, characters, letters, illustrations or ornamentations. Flags of governmental jurisdictions and flags carrying the emblem of a business or institution are not to be considered a banner for the purposes of this section. Community service (public service) means a sign which solicits support for or advertises a nonprofit community use, public use or social institution. Such signs may include, but shall not be limited to, seasonal holidays such as Christmas or Easter, school activities, charitable programs, religious activities, or events of community interest. Controlled ingress/egress means clearly defined access lanes directing traffic into or out of a nonresidential parking lot onto the public streets at specific points. This is accomplished by striping and directional arrows, curbing, barriers, etc., in such a way as to preclude ingress/egress from any other point. Damaged sign means a sign which is unsafe, unsecured, disfigured, or broken. Detached sign/freestanding sign/pole sign means any sign connected to the ground which is not an attached sign, inclusive of signs on movable objects, except signs on vehicles which are moving or are parked only temporarily, incidental to their principal use for transportation. Flashing sign means a sign with flashing, blinking or moving lights, regardless of wattage, whether directly or indirectly illuminated, except for time and temperature signs. This shall include a sign which makes use of traveling lights or traveling lighted messages, or flashing lights. Clifton Code of Ordinances Page 56 Garage sale means a private sale of personal property used to dispose of personal household possessions; not for the use of any commercial venture. Nonconforming sign means any sign existing on the date of the adoption of the applicable section from which this section was derived or amended and that does not conform to the requirements of this section. Sight triangle means the area of unobstructed view required at every street intersection and at the intersection of driveways or alleys and streets. The sight triangle is defined by the intersection of the curb‐lines at a traffic intersection with the hypotenuse connecting at points 20 feet there from. Sign means an outdoor structure, sign, display, light device, figure, plaque, poster, mural, or other thing that is designed, intended or used to advertise or inform. Streamer means any light weight plastic, fabric or other material suspended from a rope, wire or string, usually in series, designed to move in the wind. Street banner means any temporary sign hung over or across a city street or other public right‐
of‐way. Temporary sign/portable sign means a detached sign designed or constructed to be easily moved from one location to another, including signs mounted upon or designed to be mounted upon a trailer, wheeled carrier or other non‐motorized mobile structure; signs converted to A‐frames or T‐frames; sandwich board signs; balloons used as signs or inflated signs; and signs attached to or painted on vehicles parked and visible from the public right‐of‐way, unless such vehicle is used in the normal day‐to‐day operations of the business. A portable sign which has its wheels removed shall still be considered a portable sign under this section. Temporary signs which are mounted on poles or other supporting structures shall still be classified as temporary. Sec. 18­203. Administration and enforcement of section. The provisions of this section shall be administered and enforced by the building code inspector and the chief of police of the city. Sec. 18­204. Penalty for violation of section. Violations of this section are punishable according to the provisions of this section which include: Whenever in this section of the city, any act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or whenever the doing of any act is required or the failure to do any act is declared to be unlawful or an offense or a misdemeanor, the violation shall be punished by a fine. Except where otherwise provided, each day any violation of this Code or of any such section, rule, regulation or order shall continue shall constitute a separate offense. Sec. 18­205. Exempt signs. The following signs shall be exempt from any regulation under this section: Any public notice or warning required by any federal, state or local law, regulation or ordinance. Traffic control signs on private property, such as stop, yield, and similar signs, the face of which meet state department of transportation standards and which contain no commercial message of any sort. Government signs erected by the city, county, state or federal government in the furtherance of their governmental responsibility. Legal notices. Any government‐required sign (for example, licensing, etc.). Community service or special event signs are allowed; however, they must conform to all other applicable provisions in this section. Emergency signs. February 14, 2012 Clifton Code of Ordinances Page 57 Informational signs of public utility regarding its poles, lines, pipes or facilities. Temporary and portable signs, except those allowed in Sec. 18‐206 and Sec. 18‐214. Emergency warning signs erected by a governmental agency, a public utility company or a contractor doing authorized or permitted work within the public right‐of‐way. Murals, which are defined as a depiction painted or otherwise constructed on or attached to an exterior structure which represents an historic event, tourist attraction, or any other message or theme, whether associated with the business or not. Signs already in place as of the passage date of this ordinance, October 1, 2002, except those which may violate other city ordinances or create a hazard to the public’s health and safety, or which may have become abandoned. Sec. 18­206. Permitted signs. All signs not expressly prohibited under this ordinance are hereby permitted, subject to applicable requirements of this ordinance: Political signs shall be removed within 14 days following the concerned election. The placing of political signs on city property, including utility poles and rights‐of‐way, is prohibited. The placing of political signs on private property without the permission of the property owner is prohibited. The person running for office and/or political party/group placing a political sign is responsible for compliance with this section. Garage sale‐type signs that meet the standards prescribed by the city ordinance governing such sales. Banners, such as sale signs, special events, etc., may be placed in nonresidential areas, provided it is advertising for the property it is placed on, provided the banner is not permanent and is displayed intact. Street banners/flags for such as special events, holidays, educational events, and events of public interest, may be placed in nonresidential areas by not‐for‐profit organizations for no more than 45 consecutive days. Sandwich or A frame signs, sidewalk, or curb signs in the business districts. Signs advertising the sale or lease of real estate. Sec. 18.207. Prohibited signs. The following signs are prohibited: February 14, 2012 Signs located within ten feet of the curb or street surface edge on nonresidential property where no controlled ingress/egress exists, unless such signs are no higher than three feet, six inches above the lowest adjacent street or driveway grade, as applicable. Signs which project more than 12 inches over a public sidewalk or other walkway, where allowed, shall not be lower than seven feet above the adjacent grade if non‐electrified, or nine feet if electrified. Any sign which violates or would violate any other applicable law or ordinance. Any sign which resembles an official traffic control device or sign, or which bears the words or symbols customarily used for traffic control. Any sign which incorporates a signal or device that mimics the emergency or warning lights of an emergency or road maintenance/construction vehicle or which hides from view any traffic or street sign or any safety signaling device. Signs in the public right‐of‐way or on any easement dedicated to public use, or upon any structure or appurtenance associated with a public utility or governmental agency. Signs within ten feet of overhead power lines, measured horizontally. Signs which have become potentially dangerous to life or property. Signs which constitute a public nuisance. Signs which are determined, upon inspection, to have been designed or erected to interfere with advertising signs owned by another. Clifton Code of Ordinances Page 58 Signs which are found to have no relation to the property upon which it is located: i.e. signs advertising another unrelated business, product, or service. Electronic signs as defined in Texas Administrative Code Title 43, Part 1, Chapter 21, Subchapter I, Rule §21.154 (Ord. 080602) Sec. 18­208. Authority of city to remove signs. The city may require the removal of any sign for the purposes of bringing the sign into compliance with this ordinance. Such authority is applicable to signs both in the existing city limits and the extraterritorial jurisdiction. Sec. 18­209. Signs existing prior to November 1, 2002. All signs in existence prior to November 1, 2002, that do not conform entirely to the provisions of this ordinance are classified as existing, nonconforming signs, provided that they were not erected in violation of any ordinance, law or regulation in effect at that time. Sec. 18­210. Existing signs to remain — Restrictions. Existing nonconforming signs shall be allowed to remain and to be maintained in good condition, including the changing of copy, but may not be structurally altered or enlarged, and shall not be reconstructed, in whole or in part, or rebuilt, and shall be completely removed if damaged or destroyed to the extent that the cost of repair exceeds 60 percent of the cost of erecting a new sign of the same type at the same location. It shall be the burden of the sign owner to provide verifiable proof of such costs when requested by the city. Signs that are damaged to the extent that a public nuisance or a hazard to life or property is created shall be removed or replaced by the owner in the same manner as any conforming sign, regardless of any special nonconforming February 14, 2012 status that would otherwise allow the sign to remain. Sec. 18­211. Variance procedure. Requests for variances from the strict administration of this ordinance may be sought through the City of Clifton Planning and Zoning Commission. Sec. 18­212. Allowable signs; general requirements. Detached/freestanding/pole signs. Detached signs are allowed in accordance with the provisions of this ordinance. Building/attached signs. Attached signs are allowed in accordance with the provisions of this ordinance. Off‐premises signs . Off‐premises outdoor advertising signs are allowed subject to the other provisions of this ordinance, and shall also be subject to the regulations promulgated by the state department of transportation. Sec. 18­213. Public nuisances; correction of illegal and dangerous signs. Public nuisance. All of the following signs shall be considered a public nuisance: Any sign that constitutes a traffic hazard. Any sign erected in violation of the provisions of this ordinance. Any sign that represents a clear and present danger to the health or safety of the public due to inadequate maintenance, damage, or inadequate structural integrity. Notification of owner; repair; failure to repair constitutes a violation; abatement by city; recovery of sign; disposition. Upon written notification to the owner, the owner’s agent, or the occupant of the property upon which the sign is located that the sign has been deemed a public nuisance, the owner shall effect necessary repairs or cause the sign to be removed within ten days of the date of notification. Clifton Code of Ordinances Page 59 Failure of the owner to comply within ten days of notification shall constitute a violation of this ordinance, and the city may then correct the nuisance by causing the repair or removal of the sign. Upon removal of any sign pursuant to this section, the city shall use reasonable care to preserve such sign. The city shall not be liable for any damages, direct, indirect, or consequential caused by the removal. Within ten days after the removal of any sign, the city shall attempt to notify the owner, the owner’s agent, or the occupant of the premises upon which the sign was located, either in person or by regular mail, of the removal action and the location where the sign may be reclaimed. If the owner cannot be readily identified or located, the city may, at its convenience, publish such notification in the classified section of the local newspaper. The city need not make any further effort to notify the owner, and may dispose of the sign if not claimed within 90 days. Sec. 18­214. Downtown Historic District General Signs within the downtown historic district shall also be subject to the design guidelines, approval procedures, and other requirements of the City. A permit is required for all such signs. A permit will only be issued when the conditions outlined in this section are fulfilled. The downtown historic district shall be defined as all properties within the boundaries up to but not including properties fronting State Highway 6 (Avenue G) to the west, Avenue C to the east, Live Oak Street to the north, and Seventh Street to the south. All signs in the downtown historic district shall be designed, constructed, and affixed so as to February 14, 2012 promote and not visually obscure the significant architectural features of the district, its buildings, and the historic lamp posts. Special Restrictions: The following special restrictions shall apply in the downtown historic district in the city. No sign shall be displayed from the parapet or roof of any building. No sign shall be erected, constructed, placed, attached, located, or displayed unless the sign relates to or advertises a bona fide business conducted in or on the premises to which the sign adjoins. The light source for exterior illumination shall be a steady light concealed by a hood or other acceptable method of indirect lighting. Sandwich signs may be placed outside only on days when the business is open and must be properly anchored or weighted against the wind. The maximum height of any sandwich sign is 48 inches and a minimum clearance of 6 feet must be maintained on the sidewalk for pedestrian access. No other portable signs are permitted. Awning and canopy signs must be painted or applied flat against the awning or canopy surface, and may not use over 70 percent of the lineal footage of the awning or canopy. Permanent signs painted on glass windows shall cover no more than 25 percent of the total glass area of the window upon which they are placed, and may not contain words or characters greater than 12 inches in height. For purposes of this subsection, the area of any such sign shall be calculated as the area of an imaginary square or rectangle that encompasses the entire sign and its graphics. Daylight fluorescence pigmented materials or paints are prohibited. Advertising on planters, trash receptacles, park benches, or other street amenities is prohibited, with the exception of donor plaques. Clifton Code of Ordinances Page 60 Temporary signs: Signs painted on glass windows, exterior banners and pennant flags, when placed on a building in connection with special events, promotions and holidays, are considered temporary and may be placed for a period not to exceed 30 consecutive days. Any such temporary signs shall be removed within 10 days of expiration of the special event, promotion, or holiday. Banners may not exceed 30 square feet in area. Temporary signs are excluded from the maximum allowable sign area per building. forms provided by the City. Permit, inspection, and variance fees shall be the same as provided for elsewhere in this Ordinance and the appendix of this code. The City must first approve all sign permits in any historic district. Should approval not be granted, the applicant may appeal to the City of Clifton Planning and Zoning Commission, and then to the Clifton City Council, which shall have the final say in the matter. All requests for a variance from the historic sign requirements must be submitted in writing to the Planning and Zoning Commission. Size and Number of signs: Sign Maintenance and Removal; Nonconformance: No building shall have more than two signs per street facade. All signs and all components thereof shall be kept in a good state of repair. Buildings with rear public entrances not facing a street may also have one sign oriented to the rear of the building. If a business, service, or other enterprise shall cease activity or use of a sign for a period of over 10 days, any signs at said location shall be deemed to be abandoned and the sign owner, business owner, or property owner shall remove any sign identifying or advertising said business or activity or any product sold thereby within 30 days of such abandonment. The maximum allowable size of all signs affixed to any one building facade shall be 2 square feet of sign surface area for each 50 square feet of building facade surface area. Provided, however, that in no event shall the maximum allowable sign area per building exceed 90 square feet, nor may any individual sign have a surface area exceeding 45 square feet. Excluded from the maximum allowable sign area per building are permanent signs painted on glass, sandwich signs, temporary signs, and rear entrance signs where permitted. For purposes of this section, each side of a sign hung perpendicular to a building shall be considered separately. Permits; variance procedure: With the exception of real estate signs or other temporary signs, it shall be unlawful for any person to erect or substantially alter any signage in any historic district without obtaining the proper permit and/or variance. Application for sign permits and variances within the historic district shall be made upon February 14, 2012 Removal shall mean to remove the face of the sign, paint over the message of the sign in a neat manner, or to otherwise remove in a satisfactory and safe manner the advertising or message contained by said sign. The City or its representative may inspect every new and existing sign of any type at such intervals as may be required. In the event of a change or alteration in a sign beyond normal maintenance and upkeep, the entire sign must be brought into conformance. ARTICLE VII. DANGEROUS AND UNSAFE BUILDINGS State law references: Substandard buildings, V.T.C.A., Local Government Code § 214.001 et seq. Sec. 18­221. Definitions. In this article: Clifton Code of Ordinances Page 61 (1) Building includes all or any part of a building or structure. c. The means of egress are manifestly unsafe or unusable; (2) Building official means the building official, as appointed by the city administrator from time to time, or the official's designated representative. d. Any part of the building is so attached that, from its own weight or from the effects of wind, rain or other natural forces, it may fall and injure occupants of the building, other persons or other property; Sec. 18­222. Scope. This article applies equally to all buildings, regardless of the date of their construction. Sec. 18­223. Purpose. This Article Is remedial in purpose and shall be construed to secure the prevention and abatement of hazards incident to the construction, alteration, repair, removal, use and maintenance of buildings. Sec. 18­224. Prohibited acts. (a) It is unlawful for the owner of a building to maintain the building in a manner that allows the building to become or remain an unsafe building. (b) It is unlawful for any person to remove any form of unsafe building notice attached to a building by the building official. Sec. 18­225. Unsafe building. If a building fails to meet the following minimum standards for continued use and occupancy, it is considered an "unsafe building," and whenever the term is used in this article, it means: (1) The building is dilapidated, substandard or unfit for human habitation and a hazard to the public health, safety and welfare, more specifically defined as follows: a. The foundation or the vertical or horizontal supporting members are damaged or deteriorated to the extent that the building may collapse from its own weight or from the effects of wind, rain or other natural forces; b. The exterior roof, walls or flooring is damaged, dilapidated or decayed to the extent that the elements and vermin are not sealed out from the building's occupants or contents; February 14, 2012 e. The condition of the electrical, gas, mechanical or plumbing system serving the building poses a manifest hazard to the building's occupants, other persons or other property; or f. The building has been damaged by fire, wind, water, vandalism or other causes to the extent that it poses a hazard to the occupants of the building, other persons or other property; (2) Regardless of its structural condition, if the building is unoccupied by its owner, lessee or other invitees and is unsecured from unauthorized entry to the extent that it could be entered or used by vagrants or other uninvited persons as a place of harborage or could be entered or used by children; or (3) If the building is boarded up, fenced or otherwise secured in any manner but: a. The building constitutes a danger to the public even though secured from entry; or b. The means used to secure the building are inadequate to prevent unauthorized entry or use of the building in the manner described by subsection (2) of this section. State law references: Substandard buildings, V.T.C.A., Local Government Code § 214.001. Sec. 18­226. Inspection and initial notice. (a) The building official shall respond to all complaints that a building is in violation of this article by inspecting the building. (b) After initially determining that a building is unsafe, the building official shall issue an initial notice of unsafe building to the owner of the building. The city will use its best efforts to determine the identity and address of any Clifton Code of Ordinances Page 62 owner, lien holder or mortgagee of the building through the records of county clerks and other sources available to the city. building official shall schedule a public hearing on the building no later than the 30th day following receipt of the request. (c) An initial notice of unsafe building will contain the following information: (b) Notice of a public hearing shall be given to the owner of the building and to each mortgagee and lien holder having an interest in the building or in the property on which the building is located, in a manner described in subsection 18‐226(d). (1) The street address of the building; (2) A description of the conditions that make the building an unsafe building; (3) A request that the building be vacated within ten days if it is occupied and cannot be repaired within that time; (4) A request that the owner obtain a permit within ten days for the repair or demolition of the building; and (5) A statement that the owner may request a public hearing on whether the building is unsafe by submitting a written request to the building official within ten days. (d) The initial notice will be given to the owner in one of the following ways: (1) By personally serving the owner with a copy; or (2) By certified mail, return receipt requested, addressed to the owner at the owner's post office address. (3) If personal service cannot be obtained and the owner's post office address is unknown: a. By publishing the notice at least twice within a ten‐day period in a newspaper of general circulation in the county in which the building is located; or b. By posting the notice on or near the front door of the building. Sec. 18­227. Public hearing thru Notice. (a) If the owner of a building fails to comply with a request in an initial notice to vacate or obtain a permit for a building under this article, the building official may schedule a public hearing on the building or pursue other enforcement action regarding the building. If the owner of a building responds to an initial notice by requesting a public hearing, the February 14, 2012 (c) The notice will contain the following: (1) The street address of the building; (2) A description of the conditions that make the building an unsafe building; (3) A statement that the issues at the hearing shall be whether the building is an unsafe building and, if so, whether the building should be vacated, secured, repaired or demolished and, if so, within what time periods these activities should be completed; (4) A statement that if the building is not vacated, secured, repaired or demolished in accordance with an order entered after the hearing, the city may vacate, secure, repair or demolish the building and assess a lien for expenses incurred; and (5) A statement that the owner, lien holder or mortgagee shall be required to submit, at the hearing, proof of the scope of any work that may be required to comply with this article and the time it will take to reasonably perform the work. (d) The city may file notice of the hearing in the official public records of real property in the county in which the property is located. The filing of the notice is binding on subsequent grantees, lien holders, or other transferees of interest in the property, who acquire the interest after the filing of the notice, and constitutes notice of the hearing. The notice must contain the following: (1) Name and address of the owner of the affected property, if that information can be determined from a reasonable search of the instruments on file in the county clerk's office; Clifton Code of Ordinances Page 63 (2) A legal description of the affected property; and (1) Submits a detailed plan and time schedule for the work at the hearing; and (3) A description of the hearing. (2) Establishes at the hearing that the work cannot reasonably be completed within 90 days because of the scope and complexity of the work. Sec. 18­228. Same thru Orders. (a) Public hearings under this article shall be held before a municipal court judge. (b) The issues at a hearing shall be limited to those described in subsection 18‐227(c)(3). The building official, the owner and any mortgagee or lien holder of the building and other interested persons may address these issues at the hearing. (c) Disputed fact issues shall be determined by a preponderance of the evidence. (d) If a building is found to be an unsafe building, the judge shall order that the building be vacated, secured, repaired or demolished. (e) The judge shall require the owner, lien holder or mortgagee of the building to, within 30 days: (1) Secure the building from unauthorized entry; or (2) Repair, remove or demolish the building, unless the owner or lien holder establishes at the hearing that the work cannot reasonably be performed within 30 days. (f) If the judge allows the owner, lien holder or mortgagee more than 30 days to repair, remove or demolish the building, the judge shall establish specific time schedules for the commencement and performance of the work and shall require the owner, lien holder or mortgagee to secure the property in a reasonable manner from unauthorized entry while the work is being performed. (g) The judge may not allow the owner, lien holder or mortgagee more than 90 days to repair, remove or demolish the building or fully perform all work required to comply with the order unless the owner, lien holder or mortgagee: February 14, 2012 (h) If the judge allows the owner, lien holder or mortgagee more than 90 days to complete any part of the work required to repair, remove or demolish the building, the judge shall require the owner, lien holder or mortgagee to regularly submit progress reports to the city to demonstrate that the owner, lien holder or mortgagee has complied with the time schedules established for commencement and performance of the work. The order may require that the owner, lien holder or mortgagee appear before the municipal court judge or the judge's designee. (i) A copy of the order will be given to the owner and any lien holder or mortgagee of record of the property in a manner described in subsection 18‐226(d). (j) Within ten days after the date the order is issued, the city will: (1) File a copy of the order in the city secretary's office; and (2) Publish in a newspaper of general circulation in the city a notice containing: a. The street address or legal description of the property; b. The date of the hearing; c. A brief statement indicating the results of the order; and d. Instructions stating where a complete copy of the order may be obtained. Sec. 18­229. Failure to comply with order; lien. (a) If any part of an order issued under section 18‐228 is not complied with by the owner or by any mortgagee or lien holder, the building Clifton Code of Ordinances Page 64 official may cause the ordered remedial action to be taken. (b) Any repairs caused by the building official shall be limited to the removal or correction of hazardous conditions and the securing of the building against unauthorized entry. (c) The building official shall certify the amount of the city's expenses, and cost's of the municipal court, for remedial action to the city treasurer for billing to the owner. (d) The city treasurer may assess the expenses as a lien against the property on which the building is or was located, on a form approved by the city attorney. The lien is a privileged lien, subordinate only to tax liens. Sec. 18­230. Guidelines for remedial action. (a) The criteria within this section are guidelines for the municipal court judge to use in determining the remedial action to be ordered for an unsafe building. (b) If the condition of a building poses a manifest hazard to the occupants of the building, it shall be vacated. (c) If the cost of repairing an unsafe building to meet all applicable standards equals or exceeds the value of the building, the building shall be demolished. (d) If the cost of repairing an unsafe building to meet all applicable standards is less than the value of the building, the building shall be repaired or demolished. (e) If an unsafe building is to be repaired and is vacant, it shall be secured against unauthorized entry. Sec. 18­231. Statutory requirements. In the administration of this article, the city shall comply with the requirements of V.T.C.A., Local Government Code § 214.001. ARTICLE VIII. FENCES February 14, 2012 Sec. 18­232. Fence Prohibition. No fence, wall or outdoor area enclosure structure, may be erected, placed or altered within the city unless such fence, wall or outdoor area enclosure is in conformance with the provisions set forth herein. Existing fences in violation of this ordinance may remain, but may not be remodeled, repaired or replaced except incompliance with this ordinance. Non‐conforming fences that are damaged by accident, fire and/or act of nature may be temporarily repaired without a permit from the city. Permanent repairs to non‐conforming fences of more than fifty percent requires compliance with this ordinance. Sec. 18­233. Definitions. For the purposes of these regulations, the following definitions shall apply: Alternate orientation: Created when a structure located on a corner lot is constructed to face the street frontage not normally associated to be the front of the lot. Barrier: A fence, wall, building wall or combination thereof that completely surrounds the swimming pool and obstructs access to the swimming pool. Corner lot: A lot, tract or parcel which abuts two (2) streets at their intersection, with the longer street frontage being the side of the lot. Corner orientation: Created when a structure located on a corner lot is constructed to face the intersection, diagonally across a lot, rather than a traditional orientation toward one (1) of the intersecting streets. In cases of corner orientation, both sides of the lot along the street frontages are to be treated equally as front yards. Electrical fence: An outdoor area enclosure consisting of an electrically charged or partially charged metallic material designed to discourage crossing by either man or animal. Clifton Code of Ordinances Page 65 Fence: An outdoor area enclosure of wood, chain link or other approved building material serving to enclose, divide or protect an area. Fences shall be defined as walls when the average construction thickness exceeds three (3) inches. Front building setback: Minimum required front yard setback as specified under Clifton zoning ordinances. Front yard: That portion of a lot lying between the required front yard setback(s) and the property line(s) adjacent to the street right‐of‐
way or access easement. Interior lot: A lot, tract or parcel which is bounded by one (1) or more lots, tracts or parcels along both sides of the lot lines (not a corner lot). Key lot: An interior lot, tract or parcel which sides to the rear of one (1) or more lots, tracts or parcels. Non‐residentially zoned areas: Any land within the city zoned for nonresidential uses. Office: Business or industrial park complex enclosure (including entry features): A wall of masonry or masonry and pressure‐treated timber, plaster, iron or other approved building material serving to enclose or protect an office, business or industrial park complex. Park/complex enclosures are limited to application along the perimeters of platted non‐
residential subdivisions containing four (4) or more lots. Outdoor area enclosure: Any fence, wall or structure of various materials designed to serve as an enclosure of an outdoor area, a barrier or boundary, or to other wise divide or protect an area. Privacy/security enclosures: Fences, walls or structures located on individual lots, tracts or parcels for the pupose of enclosing an outdoor area for privacy or security purposes. Rear lot line: The boundary line of any lot, tract or parcel opposite the front yard of the lot, being the rear property boundary. February 14, 2012 Residential subdivision enclosures (including subdivision entry features): A wall of masonry or masonry and pressure‐treated timber, plaster, iron or other approved building material serving to enclose, divide or protect a residential subdivision. Residential subdivision enclosures are limited to application along the perimeters of platted residential subdivisions containing ten (10) or more lots. Residential zoned areas: Any land within the city zoned for residential uses. Side lot line: The boundary line(s) extending between the front and rear lot lines of a lot, tract or parcel, being the side property boundaries. Swimming pool: Any structure intended for swimming or recreational bathing that contains water over 24 inches deep. This includes in‐
ground, aboveground, and on‐ground swimming pools, fixed‐in‐place wading pools, hot tubs, and spas. Wall: An outdoor area enclosure of masonry, wood, plaster or other approved building material serving to enclose, divide or protect an area. Fences shall be defined as walls when the average construction thickness exceeds three (3) inches. Visibility triangle: An area located at the intersection of two (2) streets, access easements of alleys or any combination thereof where no structure, growth or object shall exceed two (2) feet in height, created by measuring 25 feet from the rights‐of‐way intersection along each right‐of‐way (ROW). Sec. 18­234. Residential Fences. In residentially zoned districts, fences, walls and outdoor area enclosure structures may be erected if in accordance with the following regulations: • Privacy/security enclosures. • Privacy/security enclosures may be fences or walls as defined herein. Clifton Code of Ordinances Page 66 • Maximum height shall not exceed six (6) feet without city council approval. • May be erected upon the rear lot line of any lot. • May be erected upon the side lot lines of any interior lot; however, no fence may be erected along side lot lines to exceed the required front yard setback. Sec. 18­235. Residential subdivision enclosures (including subdivision entry features). No residential subdivision enclosures shall be allowed without prior city council approval. Sec. 18­236. Nonresidential In nonresidential zoning districts, fences, walls and outdoor area enclosures may be erected if in accordance with the following regulations for privacy/security enclosures. • May be fences or walls as defined herein. with a maximum spacing of ten (10) feet on center. Infill material between brick columns shall be brick, pressure‐treated lumber, plaster, iron or other approved material. Maximum height of all enclosures shall be eight (8) feet. Walls enclosing nonresidential developments may be erected along rear property lines. Walls enclosing nonresidential developments may be erected upon rear property lines and to the front and side property lines and to the front and side property lines exceeding the required front yard setback; provided that such encroaching structure does not exceed the required two (2) foot maximum height limit within the visibility triangle, and the enclosure does not encroach upon any right‐of‐way, drainage or utility easements or floodway. Plans for such enclosures shall be specifically reviewed and approved by the city council. • Maximum height shall not exceed six (6) feet. Sec. 18­238. Miscellaneous • May be erected on the rear lot line of any lot, tract or parcel. • Screening: Live screening using natural growth or planted vegetation shall be allowed within the city under the following provisions: • May be erected upon the side lot line of any lot, tract or parcel; provided that no fence may be erected on a side lot line to exceed the required front building setback without prior city council approval. • No privacy/security enclosure may be erected to encroach upon any visibility triangle, right‐of‐way, access or drainage easements or floodway. • Plans for each enclosures shall be specifically reviewed and approved by the city council. Sec. 18­237. Office business or industrial park or complex enclosure (including entry features). All enclosures shall be walls. Fences, as defined herein, shall not be allowed. All enclosures shall be constructed with minimum 10” x 20” brick columns set on piers February 14, 2012 The following regulations shall apply: o No tree, shrub, hedge or other vegetation shall be so planted, pruned or otherwise maintained to exceed a height of two (2) feet within the defined visibility triangle or street right‐of‐way. o Any tree, shrub, hedge or other form of vegetation located within the public right‐of‐
way, utility easement, or visibility triangle shall be subject to removal (without compensation) by the authority of the city for the purpose of utility maintenance and public safety. • Barbed wire: Except as provided herein, the use of barbed wire as an enclosing material is specifically prohibited within the city: o Authorized in agricultural zoning when existing at the time of annexation. Clifton Code of Ordinances Page 67 o Authorized when attached to the top of a minimum six‐foot high security fence in commercial and industrial zoning district classifications. • Electrical fences: Except as provided herein, the use of electrical fencing is specifically prohibited within the city: o Electric fences are allowed only within commercial and industrial zoning districts. o The electrical fence must be located a distance of at least six (6) inches inside a non‐electric fence. o Electrical fences shall be UL approved and installed and maintained as per manufacturer’s instructions. o Electric fences not in compliance with the above are hereby declared a nuisance per se and must be immediately removed. review committee (when applicable) and payment of the permit fee, as set by the city council, a permit shall be issued for construction. If the permit holder fails to comply with the provisions of this ordinance, the permit shall be revoked, and the so‐constructed fence shall be considered a nuisance per se and must be immediately removed. Sec. 18­241. Requirements for swimming pools An outdoor swimming pool shall be provided with a barrier that shall be installed, inspected and approved prior to plastering or filling with water. The barrier shall comply with 2003 International Residential Code. Sec. 18­242. Repeal All ordinances or parts of ordinances not consistent or conflicting with the provisions of this ordinance are hereby repealed; provided that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered in this ordinance. Any cause of action accruing prior to the passage of this ordinance shall continue as if this ordinance was not passed or any other ordinance had not been repealed. Sec. 18­240. Permits Sec. 18­243. Severability Sec. 18­239. Visibility and safety On any corner lot, no wall, fence, sign, structure, plant growth, or any other object, whether movable or stationary, which obstructs the vision at elevations between two (2) feet and ten (10) feet above the crown of the adjacent roadway shall be placed or maintained within a visibility triangle created by measuring 25 feet from the rights‐of‐way. Prior to construction of any outdoor area enclosure, a permit shall be obtained from the building official. An application shall be accompanied by a plot plan and shall accurately reflect all proposed outdoor area enclosure structures, all easements, building setback lines and visibility triangles. Residential subdivision enclosures, office, business or industrial park/complex enclosures and any privacy/security enclosure constructed as a wall within any nonresidential zoning district shall have detailed drawings submitted with an application. Upon approval of the application, approval by the development February 14, 2012 That it is hereby declared that the sections, articles, subsections, paragraphs, sentences, clauses, and phrases of this ordinance are severable and if any phrase, clause, sentence, paragraph, subsection, article, or section of this ordinance shall be declared void, ineffective, or unconstitutional by a valid judgment or final decree of a court of competent jurisdiction, such voidness, ineffectiveness, or unconstitutionality shall not effect any of the remaining phrases, clauses, sentences, paragraphs, subsections, articles, or sections of this ordinance since the same would have been enacted by the City Council without the incorporation herein of any such void, Clifton Code of Ordinances Page 68 ineffective, or unconstitutional phrase, clause, sentence, paragraph, subsection article, or section. Sec. 18­244. Penalty Any person, firm, association of persons, company, corporation, or their agents servants, or employees violating or failing to comply with any of the provisions of this Ordinance shall be fined upon conviction as described in Section 1‐
9, and each day any violation of non‐compliance continues shall constitute a separate and distinct offense. Sec. 18­245. Fence Maintenance It shall be unlawful for any owner or occupant of a premises who fails to meet the following standards for fence maintenance. (a) All fences shall be maintained reasonably plumb and structurally sound. (b) Each structural and decorative member of a fence shall be free of deterioration and be compatible in size, material and appearance with the remainder of the fence. (c) A fence that has deteriorated to such a condition that is likely to fall shall be repaired or replaced. (d) Fences shall not be externally braced in lieu of replacing or repairing posts, columns or other structural members. Sec. 18­246 – 18­250. Reserved ARTICLE IX. BUTANE, PROPANE AND OTHER LIQUIFIED PETROLEUM GASES Sec. 18­251. Statutory requirements. The installation and use of butane, propane, or other liquefied petroleum gas is subject to requirements of the applicable codes and ordinances of the city and state, including the International Fire Code, the International Fuel Gas Code, and the International Plumbing Code. No residence shall be furnished with butane, propane, or other liquefied petroleum gas for residential use where natural gas service from a franchised utility is available within 100 feet to serve the structure through the extension of existing gas mains. Sec. 18­253. Location. Storage tanks for butane, propane, or other liquefied petroleum gas for residential uses shall not be located within 10 feet of any structure, property line, electrical service, or electrical outlet. Replenishment cannot be made from a public street, so the tank must be located within 75 feet of a paved or highly compacted surface driveway. Underground tanks are allowed, provided they are installed to applicable regulations. Storage tanks must be located or shielded so as not to be visible from public streets adjacent to the residence. CHAPTER 19 BUSINESS REGULATIONS ARTICLE I. IN GENERAL Sec. 19­1. Sale of Synthetic Cannabis products The purpose of this Ordinance is to prohibit the use, possession, sale, ingestion or smoking of illegal smoking products and ingestion devices hereinafter defined within the city limits of the City of Clifton. Definitions: 1. "Person" shall mean an individual, corporation, partnership, wholesaler, retailer or any licensed or unlicensed business. 2. "Illegal Smoking Product" shall mean any substance, whether described as tobacco, herbs, incense, spice or any blend thereof, regardless of whether the substances is marketed for the purpose of being smoked, Sec. 18­252. City requirements. February 14, 2012 Clifton Code of Ordinances Page 69 which includes anyone or more of the following chemicals: (a) Salviadivinorum or salvinorum A; all parts of the plant presently classified botanically as salvia divinorum, whether growing or not, the seeds thereof, any extract from any part of such plant, and every compound, manufacture, salts derivative, mixture or preparation of such plant, its seeds or extracts; (b) 2‐[lR,3S)‐3‐hydroxycyciohexyl}‐5‐(2‐
methylocatan‐2‐yl) phenol (also known as CP47, 497) and homologues; (c) (6aS, 10aS)‐9‐(hydroxmethyl}‐6, 6‐
dimethyl‐3‐(2‐methyloctan‐2‐yl)‐6a, 7, 10, lOa¬tetrahydrobenzo [cl chromen‐l‐ol) (also known as HE‐211 or Dexanabinol); (d) l‐Pentyl‐3‐(1‐naphthoyl} indole (also known as JWH‐018); (e) Butyl‐3‐(1‐naphthoyl} indole '(also known as JWH‐073); or (f) l‐Pentyl‐3‐(4‐methoxynaphthoyl) indole (also known as JWH‐08l). (g) cannabicyclohexanol, 3. "Ingestion Device" shall mean equipment, a product or material that is used or intended for use in ingesting, inhaling, or otherwise introducing an illegal smoking product into the human body, including: (a) a metal, wooden, acrylic, glass, stone, plastic, or ceramic pipe with or without a screen, permanent screen, hashish head, or punctured metal bowl; (b) a water pipe; (c) a carburetion tube or device; (d) a smoking or carburetion mask; (f) a carburetor pipe; (g) an electric pipe February 14, 2012 (i) a chillum; (j) a bong; or (k) an ice pipe or chiller. Prohibitions: It shall be unlawful for any person to use, possess, purchase, barter, give, publicly display, sell or offer for sale any illegal smoking product. It shall be unlawful for any person to use or possess with intent to use an ingestion device to inject, ingest, inhale or otherwise introduce into the human body an illegal smoking product. It shall be a defense to a violation of this article that any act described in this Article Is under and pursuant to the direction or prescription of a licensed physician or dentist authorized to direct or prescribe such act. Any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Secs. 19­2 thru 19­30. Reserved. (h) HU‐210 (e) a chamber pipe; (h) an air‐driven pipe; ARTICLE II. SEXUALLY ORIENTED BUSINESSES State law references: Municipal regulation of sexually oriented businesses, V.T.C.A., Local Government Code § 243.001 et seq. DIVISION 1. GENERALLY Sec. 19­31. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Adult arcade means any place to which the public is permitted or invited wherein coin‐
operated or slug‐operated or electronically, electrically or mechanically controlled still or Clifton Code of Ordinances Page 70 motion picture machines, projectors or other image‐producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas." Adult bookstore or adult video store means a commercial establishment which as one of its principal business purposes offers for sale or rental for any form of consideration any one or more of the following: books, magazines, periodicals or other printed matter or photographs, films, motion pictures, video cassettes or video reproductions, slides or other visual representations which depict or describe "specified sexual activities" or "specified anatomical areas"; or instruments, devices or paraphernalia which are designed for use in connection with "specified sexual activities." Adult cabaret means a nightclub, bar, restaurant or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical area." Adult motel means a hotel, motel or similar commercial establishment which offers accommodations to the public for any form of consideration; provides patrons with closed‐
circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas" and has a sign visible from the public right‐of‐way which advertises the availability of this adult type of photographic reproductions; or offers a sleeping room for rent for a period of time that is less than ten February 14, 2012 hours; or allows a tenant or occupant of a sleeping room to sub rent the room for a period of time that is less than ten hours. Adult motion picture theater means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas." Adult theater means a theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities." Escort means a person who, for consideration, agrees or offers to act as a companion; guide or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person. Escort agency means a person or business association who furnishes, offers to furnish or advertises to furnish escorts as one (1) of its primary business purposes for a fee, tip or other consideration. Establishment means and includes any of the following: the opening or commencement of any sexually oriented business as a new business; the conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business; the addition of any sexually oriented business to any other existing sexually oriented business; or the relocation of any sexually oriented business. Licensee means a person in whose name a license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a license. Nude model studio means any place where a person who appears in a state of nudity or displays "specified anatomical areas" is provided to be observed, sketched, drawn, Clifton Code of Ordinances Page 71 painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration. Nudity or state of nudity means the appearance of a human, bare buttock, anus, male genitals, female genitals or female breast; or a state of dress which fails to opaquely cover a human buttock, anus, male genitals, female genitals or areola of the female breast. Residential district means a single family, duplex, townhouse, multiple family or mobile home zoning district. Residential use means a single family, duplex, multiple family or mobile home park, mobile home subdivision and campground use. Semi‐nude means a state of dress in which clothing covers no more than the genitals, pubic region and areolas of the female breast, as well as portions of the body covered by supporting straps or devices. Sexual encounter center means a business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration physical contact in the form of wrestling or tumbling between persons of the opposite sex or activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi‐nude. Sexually oriented business means an adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio or sexual encounter center. Specified anatomical areas means human genitals in a state of sexual arousal. Specified sexual activities means and includes any of the following: the fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts; sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy; masturbation, actual or simulated; or February 14, 2012 excretory functions as part of or in connection with any of the activities set forth herein. Substantial enlargement of a sexually oriented business means the increase in floor area occupied by the business by more than twenty‐
five (25) percent, as the floor area exists on effective date of the ordinance from which this article derived. Transfer of ownership or control of a sexually oriented business means and includes the sale, lease or sublease of the business, the transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means or the establishment of a trust, gift or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control. Cross references: Definitions and rules of construction generally, § 1‐2. Sec. 19­32. Purpose, intent and findings. (a) It is the purpose of this article to regulate sexually oriented businesses to promote the health, safety, morals and general welfare of the citizens of the city, and to establish reasonable and uniform regulations to prevent concentration of sexually oriented businesses within the city. The provisions of this article have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials, Similarly, it is not the intent nor effect of this article to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. (b) It is the intent of the city council that the location regulations of this article are promulgated pursuant to V.T.C.A., Local Government Code ch. 243 (§§ 243.001 et seq.), as they apply to nude model studios and sexual Clifton Code of Ordinances Page 72 encounter centers only. It is the intent of the city council that all other provisions of this article are promulgated pursuant to the city charter and law. (c) Findings. The city council has received substantial evidence concerning the association of negative secondary effects with sexually oriented businesses in the cases of City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986). Young v. American Mini Theatres, 426 U.S. 50 (1976), and Barnes v. Glen Theatre, Inc. 501 U.S. 560 (1991) and on studies in other communities including, but not limited to Phoenix, Arizona,; Tucson, Arizona; Amarillo, Texas; Austin, Texas; Beaumont, Texas; Houston, Texas; and Seattle, Washington. Sec. 19­33. Penalty. Unless stated otherwise, violations of this article shall be punished as provided in section 1‐9. Sec. 19­34. Classification. Sexually oriented businesses are classified as follows: a. Adult arcades. b. Adult bookstores or adult video stores. c. Adult cabarets. d. Adult motels. e. Adult motion picture theaters. f. Adult theaters. g. Escort agencies. h. Nude model studios. i. Sexual encounter centers. Sec. 19­35. Location restricted. a. A person commits an offense if he operates or causes to be operated a sexually oriented business within 500 feet of: (1) A church. (2) A public or private elementary or secondary school. (3) A boundary of a residential district as defined in this article. (4) A public park adjacent to a residential district as defined in this article. (5) The property line of a lot devoted to a residential use as defined in this article. February 14, 2012 b. A person commits an offense if he causes or permits the operation, establishment, substantial enlargement or transfer of ownership or control of a sexually oriented business within 500 feet of another sexually oriented business. c. A person commits an offense if he causes or permits the operation, establishment or maintenance of more than one sexually oriented business in the same building, structure or portion thereof, or the increase of floor area of any sexually oriented business in any building, structure or portion thereof containing another sexually oriented business. d. For the purposes of subsection (a) above, measurement shall be made in a straight line, without regard to intervening structures or objects from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a church or public or private elementary or secondary school, or to the nearest boundary of an affected public park, residential district or residential lot. e. For purposes of subsection (b) above, the distance between any two (2) sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located. f. Any sexually oriented business lawfully operating on the date on which the ordinance from which this article derives takes effect that is in violation of subsection (a), (b) or (c) above shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed one year, unless sooner terminated for any reason or voluntarily discontinued for a period of 30 days or more. Such nonconforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two or Clifton Code of Ordinances Page 73 more sexually oriented businesses are within 500 feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at a particular location is the conforming use and the later established business is nonconforming. g. A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the sexually oriented business license, of a church, public or private elementary or secondary school, public park, residential district or residential lot within 500 feet of the sexually oriented business. This provision applies only to the renewal of a valid license and does not apply when an application for a license is submitted after a license has expired or has been revoked. State law references: Location restrictions authorized, V.T.C.A., Local Government Code § 243.006. Sec. 19­36. Exemption from location restrictions. (a) If the chief of police denies the issuance of a license to an applicant because the location of the sexually oriented business establishment is in violation of section 19‐35, the applicant may, not later than ten calendar days after receiving notice of the denial, file with the city clerk a written request for an exemption from the location restrictions of section 19‐35. (b) If the written request is filed with the city clerk within the ten‐day limit, the city council shall consider the request. The city clerk shall set a date for the hearing within 60 days from the date the written request is received. (c) The city council shall hear and consider evidence offered by any interested person. The formal rules of evidence do not apply. (d) The city council may, in its discretion, grant an exemption from the location restrictions of section 19‐35 if it makes the following findings: February 14, 2012 (1) That the location of the proposed sexually oriented business will not have a detrimental effect on nearby properties or be contrary to the public safety or welfare; (2) That the granting of the exemption will not violate the spirit and intent of this article; (3) That the location of the proposed sexually oriented business will not downgrade the property values or quality of life in the adjacent areas or encourage the development of urban blight; (4) That the location of an additional sexually oriented business in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any efforts of urban renewal or restoration; and (5) That all other applicable provisions of this article will be observed. (e) The city council shall grant or deny the exemption by a majority vote. Failure to reach a majority vote shall result in denial of the exemption. Disputes of fact shall be decided on the basis of a preponderance of the evidence. The decision of the city council is final. (f) If the council grants the exemption, the exemption is valid for one year from the date of the council's action. Upon the expiration of an exemption, the sexually oriented business is in violation of the location restrictions of section 19‐35 until the applicant applies for and receives another exemption. (g) If the council denies the exemption, the applicant may not reapply for an exemption until at least 12 months have elapsed since the date of the council's action. (h) The grant of an exemption does not exempt the applicant from any other provisions of this chapter other than the location restrictions of section 19‐35. Sec. 19­37. Additional regulations for nude model studios. (a) A nude model studio shall not employ any person under the age of 18 years. Clifton Code of Ordinances Page 74 (b) A person under the age of 18 years commits an offense if he appears in a state of nudity in or on the premises of a nude model studio. It is a defense to prosecution under this section if the person under 18 years was in a restroom not open to public view or persons of the opposite sex. (c) A person commits an offense if he appears in a state of nudity or knowingly allows another to appear in a state of nudity in an area of a nude model studio premises which can be viewed from the public right‐of‐way. (d) A nude model studio shall not place or permit a bed, sofa or mattress in any room on the premises, except that it may be placed in a reception room, open to the public. (Ord. of 3‐3‐03) Sec. 19­38. Additional regulations for escort agencies. (a) An escort agency shall not employ any person under the age of 18 years. (b) A person commits an offense if he acts as an escort or agrees to act as an escort for any person under the age of 18 years. (Ord. of 3‐3‐03) Sec. 19­39. Additional regulations for adult theaters and adult motion picture theaters. (a) A person commits an offense if he knowingly allows a person under the age of 18 years to appear in a state of nudity in or on the premises of an adult theater or adult motion picture theater. (b) A person under the age of 18 years commits an offense if he knowingly appears in a state of nudity in or on the premises of an adult theater or adult motion picture theater. (c) It is a defense to prosecution under subsections (a) and (b) of this section if the person under 18 years was in a restroom not open to public view or persons of the opposite sex. February 14, 2012 Sec. 19­40. Additional regulations for adult motels. (a) Evidence that a sleeping room in a hotel, motel or similar commercial establishment has been rented and vacated two or more times in a period of time that is less than ten hours creates a rebuttable presumption that the establishment is an adult motel as that term is defined in this article. (b) A person commits an offense if, as the person in control of a sleeping room in a hotel, motel or similar commercial establishment that does not have a sexually oriented business license, he rents or sub‐rents a sleeping room to a person and, within ten hours from the time the room is rented, he rents or sub‐rents the same sleeping room again. (c) For purposes of subsection (b) above, the terms "rent" and "sub‐rent" mean the act of permitting a room to be occupied for any form of consideration. Sec. 19­41. Regulations pertaining to exhibition of sexually explicit films or videos. (a) A person who operates or causes to be operated a sexually oriented business, other than an adult motel, which exhibits on the premises in a viewing room of less than 150 feet of floor space, a film, video cassette or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements: (1) Upon application for a sexually oriented business license, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager's stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed 32 square feet of floor area. The diagram shall also designate the place at which the permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature Clifton Code of Ordinances Page 75 of an engineer's or architect's blueprint shall not be required; however each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches. The chief of police may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared. (2) The application shall be sworn to be true and correct by the applicant. (3) No alteration in the configuration or location of a manager's station may be made without the prior approval of the chief of police or his designee. (4) It is the duty of the owners and operator of the premises to ensure that at least one employee is on duty and situated in each manager's station at all times that any patron is present inside the premises. (5) The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises has two or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station. (6) It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present in the premises to ensure that the view area specified in subsection (5) above remains unobstructed by February 14, 2012 any doors, walls, merchandise, display racks or other materials at all times that any patron is present in the premises and to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to subsection (1) above. (7) The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than one foot‐candle as measured at the floor level. (8) It shall be the duty of the owners and operator and it shall also be the duty of any agents and employees present in the premises to ensure that the illumination described above is maintained at all times that any patron is present in the premises. (b) A person having a duty under subsections (1) through (8) of subsection (a) above commits an offense if he knowingly fails to fulfill that duty. Sec. 19­42. Defenses to prosecution. (a) It is a defense to prosecution under section 19‐37 that a person appearing in a state of nudity did so in a modeling class operated: (1) By a propriety school licensed by the state; a college, junior college, or university supported entirely or partly by taxation. (2) By a private college or university which maintains and operates educational programs in which credits are transferrable to a college, junior college, or university supported entirely or partly by taxation. (3) In a structure: a. Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and b. Where in order to participate in a class a student must enroll at least three (3) days in advance of the class; and Clifton Code of Ordinances Page 76 c. Where no more than one (1) nude model is on the premises at any one (1) time. (b) It is a defense to prosecution under section 19‐39 or section 19‐41 that each item of descriptive, printed, film or video material offered for sale or rental, taken as a whole, contains serious literary, artistic, political or scientific value. Sec. 19­43 thru 19­60. Reserved. DIVISION 2. LICENSE Sec. 19­61. Required. A person commits an offense if he operates a sexually oriented business without a valid license issued by the city for the particular type of business. State law references: Authority to require license, V.T.C.A., Local Government Code § 243.007. Sec. 19­62. Application. (a) An application for a license required by this division must be made on a form provided by the chief of police. The application must be accompanied by a sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches. Applicants who must comply with section 19‐41 shall submit a diagram meeting the requirements of section 19‐41. (b) The applicant must be qualified according to the provisions of this article and the premises must be inspected and found to be in compliance with the law by the health department, fire department and building official. (c) If a person who wishes to operate a sexually oriented business is an individual, he must sign the application for a license as applicant. If a person who wishes to operate a sexually February 14, 2012 oriented business is other than an individual, each individual who has an interest in the business must sign the application for a license as applicant. Each applicant must be qualified under this section and each applicant shall be considered a licensee if a license is granted. (d) The fact that a person possesses a valid theater license, dance hall license or public house of amusement license does not exempt him from the requirement of obtaining a sexually oriented business license, A person who operates a sexually oriented business and possesses a theater license, public house of amusement license or dance hall license shall comply with the requirements and provisions of this article. (e) The fee for an original or transfer application is $500.00. The fee for a renewal application is $325.00. The fee for a re‐inspection of the premises is one $175.00. Payment shall be by certified check, cashier's check or money order. The fee shall be paid in full at the time of application and is not refundable. State law references: License applications, V.T.C.A., Local Government Code § 243.007. Sec. 19­63. Issuance, grounds for denial. (a) The chief of police shall approve the issuance of a license by the assessor and collector of taxes to an applicant within 60 days after receipt of an application unless he finds one or more of the following to be true: (1) An applicant is under 18 years of age. (2) An applicant or an applicant's spouse is overdue in his payment to the city of taxes, fees, fines or penalties assessed against him or imposed upon him in relation to a sexually oriented business. (3) An applicant has failed to provide information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form. Clifton Code of Ordinances Page 77 (4) An applicant or an applicant's spouse has been convicted of a violation of a provision of this article, other than the offense of operating a sexually oriented business without a license, within two (2) years immediately preceding the application. The fact that a conviction is being appealed shall have no effect. (5) An applicant is residing with a person who has been denied a license by the city to operate a sexually oriented business within the preceding 12 months, or residing with a person whose license to operate a sexually oriented business has been revoked within the preceding 12 months. (6) The premises to be used for the sexually oriented business have not been approved by the health department, fire department and the building official as being in compliance with applicable laws and ordinances. (7) The license fee required has not been paid. (8) An applicant has been employed in a sexually oriented business in a managerial capacity within the preceding 12 months and has demonstrated that he is unable to operate or manage a sexually oriented business premises in a peaceful and law‐abiding manner, thus necessitating action by law enforcement officers. (9) An applicant or the proposed establishment is in violation of or is not in compliance with this article. ARTICLE III. ON­PREMISE, OFF­
PREMISE AND WHOLESALE ALCOHOLIC BEVERAGE BUSINESSES Sec. 19­70. General (a). Provisions of this Chapter relating to regulation of the legal sale and delivery of alcoholic beverages are effective upon completion of a duly‐held election authorizing legal sales of alcohol within the City limits of the City. (b) As further provided in Chapter I, Sec. 1‐10 of this Code of Ordinances, in the event that February 14, 2012 any provision of this Article Is determined to be unenforceable by law, court ruling, or is inapplicable because of the type of alcohol sales approved by the voters, other provisions shall remain in effect and enforceable. (c) Nothing in this Article shall be deemed to limit the City’s right and responsibility to enforce State laws and local ordinances regarding the illegal sale, display, use, and delivery of alcoholic beverages. Sec. 19­71. Definitions All definitions of words, terms and phrases as set forth in V.T.C.A., Texas Alcoholic Beverage Code §1.04 et seq. are hereby adopted and made a part hereof. Sec. 19­72. Permit Required (a) It shall be unlawful for any person to manufacture, distill, brew, import, transport, store for purposes of sale, distribute or sell any alcoholic beverage within the City unless such person has obtained a City of Clifton Permit, as applicable (depending upon the requirements under Texas law relative to the product to be sold), from the State of Texas. (b) The City Council does hereby levy a fee which shall be one‐half of the state fee upon every person as permitted by V.T.C.A., Texas Alcoholic Beverage Code §61.36 and §11.38, unless prohibited by state law. The Permit fee shall be paid in cash, cashier's check or money order. (c) No manufacturer, general distributor, local distributor or retail dealer in alcoholic beverages shall operate a business at more than one place under the same City permit; a separate City permit must be obtained for each place of business and each wholesale liquor outlet in the City. (d) A City permit issued under this chapter shall be posted in a conspicuous place on the premises of the permittee. Sec. 19­73. Procedures Regarding Permits Clifton Code of Ordinances Page 78 (a) It shall be unlawful for any person to manufacture, distill, brew, import, transport, store for purposes of sale, distribute or sell any alcoholic beverages within the City unless such person has obtained a City of Clifton Permit from the Office of the City Secretary. (b) Any person wishing to manufacture, distill, brew, import, transport, store for purposes of sale, distribute or sell any alcoholic beverage must complete a City of Clifton Permit Application and pay the Application Fee as set forth in Sec. 19‐74 following. The applicant shall present to the City Secretary a Permit or License duly issued by the state alcoholic beverage commission, authorizing such person to manufacture, sell, possess for purpose of sale, import into this state, or transport liquor in the state. A copy of this document shall be attached to the Application. (c) The City Secretary shall submit each Application to the City Attorney and the Chief of Police, and to other City department(s) as may from time to time be designated by the Mayor and City Council to ensure that the Application complies with City codes, ordinances and regulations, and to ensure that the Applicant has paid all City taxes. (d) Following approval by each of the designated City departments, the Application shall be deemed approved and the City Secretary shall issue a City of Clifton Permit upon payment by the applicant of the Initial Permit Fee as set forth in Sec. 19‐74 following. (e) City permits shall not be transferable or assignable except with the written permission and approval of the City council. (f) City permits shall expire at the time shown in the state permit or license presented by the applicant. If the permit sought is issued for a period of time less than one year, only a proportionate part of the annual fee shall be collected. A fractional part of a month shall be counted as one full month in calculating the fee. (g) Applications and Permits shall be kept on file in the City Secretary's office. February 14, 2012 Sec. 19­74. Application Fee; Initial Permit Fee (a) An Application Fee in the amount of $75.00, or such lesser fee as may be authorized by law, shall be charged by the City Secretary for accepting any initial Permit Application. (b) As set forth above, the City of Clifton Initial Permit Fee shall be equal to one‐half of the fee required by the Texas Alcoholic Beverage Commission of every person that may be issued any State permit or license for the manufacture, distilling, brewing, importing, transporting, storing, distributing or sale of alcoholic beverages unless a different fee is allowed or required by state law. (c) The City Secretary shall issue a receipt for the Application Fee and Initial Permit Fee and keep a record of the same in the City Secretary's office. Sec. 19­75. Permit Renewal; Permit Renewal Fee (a) City permits shall be renewed annually. All Permits shall terminate at midnight on the day before the anniversary date of the State permit, and no City permit shall be issued covering a term longer than one (1) year. (b) Not later than 90 days prior to the renewal date, the permittee shall provide to the City Secretary, in a form acceptable to the City, a completed renewal application. The applicant shall present to the City Secretary a renewal Permit or License duly issued by the state alcoholic beverage commission, authorizing such person to manufacture, sell, possess for purpose of sale, import into this state, or transport liquor in the state. A copy of this document shall be attached to the Application. (c) A permittee who sells an alcoholic beverage without first having paid the applicable Permit Renewal Fee under this section commits a misdemeanor punishable by a fine. (d) Subject to the exception contained in §11.38(d) (3) of the Texas Alcoholic Beverage Code, the City shall require payment of an annual Permit Renewal Fee for selling alcoholic Clifton Code of Ordinances Page 79 beverages within the City. And, except as limited by §11.38(d)(3) of the Texas Alcoholic Beverage Code, the Permit Renewal Fee shall be equal to one‐half of the State of Texas fee required by the Texas Alcoholic Beverage Commission unless a different fee is allowed or required by state law. • Any Sunday. (2) A local distributor's permittee may not sell, offer for sale, or deliver any liquor on a day which a package store is prohibited from selling liquor. Sec. 19­76. Hours of Operation A mixed beverage permittee may sell and offer for sale mixed beverages in accordance with the following: Except as provided herein, the hours of sales of alcoholic beverages in the City shall be consistent with provisions of the Texas Alcoholic Beverage Code. (a) distinguishing between certain types of retailers In accordance with §109.32(c) of the Texas Alcoholic Beverage Code, the City Council has determined that, in exercising the authority granted by §109.32 with regard to the regulation of the sale of beer and wine, it is in the best interest of the public health, safety and welfare of the citizens for such regulations to distinguish between retailers selling beer and wine for on‐premises consumption and retailers, manufacturers, or distributors who do not sell beer and wine for on‐premises consumption. (b) hours of sale under a retail liquor license or permit. (1) A person may sell, offer for sale, or deliver liquor between the hours of 10 a.m. and 9 p.m. on any day except: • New Year's Day • Thanksgiving Day • Christmas Day • Any Sunday (2) When Christmas Day or New Year's Day falls on a Sunday, the same provisions apply to the following Monday. (c) hours of sale for wholesalers and local distributors to retailers. (1) a wholesaler or a local distributor's permittee may sell, offer for sale, or deliver liquor to a retailer between 5 a.m. and 9 p.m. on any day except: (d) hours of sale under a mixed beverage permit. • between 7 a.m. and midnight on any day except Sunday. • between midnight and 1:00 a.m. and between noon and midnight on Sunday. • Between 10 a.m. and 12 noon on Sunday only if the service of food is also provided to the customer. (e). Hours of sale under a beer permit. A person may sell, offer for sale, or deliver beer as follows: • Between 7 a.m. and midnight on any day except Sunday. • between midnight and 1:00 a.m. and between noon and midnight on Sunday, • Between 10:00 a.m. and noon on Sunday if the permittee is authorized to sell for on‐
premise consumption and food is also served to the customer.. (f) sale of beer by distributor's licensee. In addition to the hours specified for the sale of beer in (d) above, the holder of a general, local, or branch distributor's permit may sell, offer for sale, or deliver beer beginning at 5 a.m. on any day except Sunday. (g) hours of sale under a wine and beer retailer permit. The hours of sale and delivery for alcoholic beverages sold under a wine and beer retailer's permit or a wine and beer retailer's off‐premise permit are the same as those prescribed for the sale of beer under this code, except that no sale shall be allowed between 2 a.m. and noon on Sunday. • Christmas Day February 14, 2012 Clifton Code of Ordinances Page 80 Sec. 19­77. Sale on Premises of Municipal Buildings and City­Owned Property Prohibited Except as set forth below, it shall be unlawful for any person to sell an alcoholic beverage on the premises of any municipal building or City‐
owned property, unless either: (a) a special‐use permit has been authorized by the City Council, or (b) the sale occurs on municipal property as the City Council may from time to time specifically exempt from this section, and provided that such sale and consumption complies with applicable laws and local ordinances. Sec. 19­78. Regulation of the Sale of Alcoholic Beverages Near Public or Private Schools, Day Care and Child Care Facilities, Churches, or Hospitals (a) Sales of alcoholic beverages are further prohibited within: (1) three hundred feet (300') of a church, public school, or public hospital, or a private school having 50 or more regular students or day care/ child care facility having 10 or more in its care; or (2) one thousand feet (1,000') of a public school, if the City Council receives a request from the board of trustees of the school district under §38.007, Education Code; and/or (3) one thousand feet (1,000') of a private school if the City Council receives a request from the governing body of the private school. (b) The measurement of the distance between the place of business where alcoholic beverages are sold and the church or public hospital shall be along the property lines of the street fronts and from front door to front door, and in direct line across intersections. (c) The measurement of the distance between the places of business where alcoholic beverages are sold and the public or private school shall be: February 14, 2012 (1) in a direct line from the property line of the public or private school to the property line of the place of business, and in a direct line across intersections; or (2) If the permit holder is located on or above the fifth story of a multistory building, in a direct line from the property line of the public or private school to the property line of the place of business, in a direct line across intersections, and vertically up the building at the property line to the base of the floor on which the permit holder is located. (d) The City Council may allow variances to the regulation(s) under Subsection (a) if the Council determines that enforcement of the regulation(s) in a particular instance is not in the best interest of the public, constitutes waste or inefficient use of land or other resources, creates an undue hardship on an applicant for a Permit, does not serve its intended purpose, is not effective or necessary, or for any other reason the Council, after consideration of the health, safety, and welfare of the public and the equities of the situation, determines is in the best interest of the community. (1) Applications for variances shall be made to the City Secretary. The application fee of $200.00 shall be paid at the time the application is made. (2) The request for variance shall first be considered by the Planning and Zoning Commission, with final approval/denial being made by the City Council. Sec. 19­79. Prohibition of Sexually Oriented Businesses On Premises Where Alcoholic Beverages are Sold, Served or Consumed (a) In connection with the City's regulation of the location of sexually oriented businesses, as contained in Chapter 19, Article II, Sections 1‐
69, of the Code of Ordinances of the City of Clifton, and the City's regulation of the sale and consumption of alcoholic beverages, as contained in this Article III: Clifton Code of Ordinances Page 81 (1) the location of any massage parlor, nude modeling studio, or other sexually oriented business within any commercial premise in which alcoholic beverages are being sold, served, or consumed is prohibited; and (2) no alcoholic beverage may be sold, served, or consumed within any commercial premise occupied by a massage parlor, nude modeling studio, or other sexually oriented business; and (3) both nudity and semi‐nudity are prohibited in any commercial premise where alcoholic beverages are sold, served, or consumed. (b) The term "sexually oriented business" and definitions of terms used in (a)(1) and (a)(2) of this Section, are as defined in Texas Local Government Code §243.002 and in Chapter 19, Article II of the City of Clifton Code of Ordinances. Sec. 19­80. Zoning District Regulation of On­Premises Sales Alcoholic Beverages The on‐premises sales and consumption of alcoholic beverages is prohibited in any zoning district where the on‐premise consumption of food and beverages is not allowed, including but not limited to any zoning district classified as residential Sec. 19­81. Regulations Applicable to the Sale of Alcoholic Beverages for On­
Premises Consumption in Restaurants Situated within the Historic Main Street District. (a) The City Council hereby enacts regulations applicable only to restaurants situated with the Historic Main Street District, limiting the application to such restaurants of the distance prohibitions established by Sec. 19‐78 regarding proximity to churches, schools, day‐care centers or child‐care facilities. (b) For the purpose of this Section, the area constituting the "Historic Main Street District" is defined as that portion of the Central Business District that is bordered on the east by Avenue C, on the west by Avenue E, on the north by February 14, 2012 Live Oak Street and on the south by West 9th Street. (c) A restaurant which is the holder of a food and beverage certificate covering a premise situated in the Historic Main Street District is not subject to the distance prohibitions established by Sec. 19‐78 of this Chapter, except that the distance prohibition shall continue to be applicable to the premise occupied by any church on the date this Section is adopted and continuing so long as that premise continues to be occupied by that same church and shall be set at one hundred feet (100'). ORD 070301 Secs. 19­82 thru 19­199. Reserved. ARTICLE IV. SOLICITATION Sec. 19­200. Findings and purposes. (a) The City Council of the City of Clifton, Texas makes the following findings: (1) Pursuant to V.T.C.A., Transportation Code ch. 311, the city has exclusive control over and under the public highways, streets and alleys of the city; (2) The city holds the rights‐of‐ways adjoining the public highways, streets and alleys of the city in trust for the benefit of citizens of the city; (3) The use of the public highways, streets and alleys and their adjoining rights‐of‐ways for soliciting and vending is detrimental to the character and quality of residential, recreational, commercial, industrial and business areas, property, and the quality of life of citizens of the city; (4) That while roadway vendors, peddlers, solicitors and merchants engage in legitimate and honorable commercial activities which enhance the convenience of the consuming public, soliciting and vending to persons in motor vehicles while standing on the public highways, alleys, streets and adjoining rights‐of‐way has the potential to create a hazard to the users and the Clifton Code of Ordinances Page 82 bystanders of the public highways and streets; (5) The nature and characteristics of such commercial activities require the reasonable regulation of the time, manner and place of such activities; (6) The public highways, streets and alleys and adjoining rights‐of‐ways are primarily used to promote the smooth flow of vehicular and pedestrian traffic; (7) The reasonable regulations enacted hereby do not prohibit or inhibit free expression of religious, political or other ideas and beliefs, but regulate commercial activities and conduct for the below expressed public purposes. (b) The purposes of the regulation set forth in this article are: (1) To reasonably regulate vendors, peddlers, merchants and solicitors in and upon public highways, streets and alleys and adjoining rights‐of‐ways; (2) To protect the public health, safety and welfare and promote the use and enjoyment of public highways, streets and alleys and adjoining rights‐of‐ways in an attractive environment; (3) To promote smooth and safe flow of vehicular and pedestrian traffic and avoid congestion and hazards; (4) To enhance and protect the quality and attractiveness of the environment; (5) To protect the use and enjoyment of the people in their homes; (6) To protect the public from fraudulent, illegal, unsafe or unhealthful commercial activities, products and services; (7) To preserve the character and quality of residential, recreational, commercial, industrial and business areas and property; and (8) To promote and enhance the quality of commercial activities within the city. Sec. 19­201. Definitions. February 14, 2012 Right‐of‐way means the area that is adjacent to and within ten feet of the edge of the street, highway, or roadway. However, the term does not include a sidewalk or an area that is separated from the edge of the street, highway, or roadway by a sidewalk. Solicitation/soliciting/solicited or any other action form of the word "solicit" means the act of asking, begging, pleading or in any other such manner, communicate, whether orally, by written, and/or printed material, hand signing or by any other method, direct or implied, by an individual or group of individuals for the purpose of receiving or obtaining money, alms, gifts or items of value, real or intrinsic for said individual, for said group of individuals or a for profit organization or a nonprofit organization, individual, person or more than one person, organization, couple, family, relationship, joint venture, joint stock company, partnership, club, company, corporation, business trust, establishment, religious institution or religion, association, or the like or chapter or affiliate thereof, for the purposes of giving, use, sustenance, purchase, barter or any other such form. Solicitor means the person soliciting. Sec. 19­202. Prohibited conduct. A solicitor shall not: (1) Make physical contact with a person unless that person's permission is obtained; (2) Continue efforts to solicit from a person, once said person has indicated, orally, by gesture, or any other recognizable form of communication, to the solicitor that he/she does not wish to be solicited; (3) Approach or, in some recognizable form, communicate to a person in such a manner as would cause a reasonable person to believe that the person is being threatened with: a. Imminent bodily injury; or b. The commission of a criminal act upon the person, or another person, or upon property in the person's immediate possession; Clifton Code of Ordinances Page 83 (4) Persist in a solicitation after the person has communicated, in some recognizable manner, a negative response; by blocking, interfering, obstructing the person's method and choice of direction of travel; (5) Engage in conduct or communicating in a manner that would reasonably be construed as intended to compel or force a person to accede to demands; (6) Misrepresent the purpose of the solicitation; (7) Misrepresent the affiliation of the solicitation; (8) Represent that the issuance of any permit or registration, under this division, as an endorsement or recommendation of the solicitation; or (9) Engage in conduct that creates a safety or traffic hazard for the solicitor or another person. Sec. 19­203. Children. The use of children to solicit shall be in accordance with the child labor laws of the state and the United States. Sec. 19­204. Solicitation on streets, medians, roadways and rights­of­way. No solicitor shall stand, kneel, squat, sit, lay, walk or the like in or upon a street, highway, roadway, roadway median, or alley of a public vehicle easement or the like to solicit unless trained in traffic management and safety, experienced, and permitted to do so. Traffic management and safety training may be scheduled by contacting the office of the Clifton Chief of Police Sec. 19­205. Permit required for solicitation. There shall be no soliciting within the city without first having a written permit. This section does not apply where the solicitor is on private property by express, prior invitation of the owner of the property or a person residing on the premises. February 14, 2012 Sec. 19­206. Permit application to solicit. A permit to solicit within the city may be granted upon application for such permit and approval by the city secretary's office prior to the initiation of the solicitation. If the application is mailed to the city secretary's office, it must be received, approved and written notice received by the applicant, prior to initiation of the solicitation. Such application shall be sworn to by the applicant and shall contain, at a minimum, the following information: (1) The full and legally recognized names and any associated aliases, logos, nicknames, and abbreviated names of the entity or person applying for a permit to solicit; (2) If the entity/person is a part of or affiliated with another entity all applicable full and legally recognized names, and any associated aliases, logos, nicknames, and abbreviated names; (3) All legally recognized names and any associated aliases, nicknames, abbreviated names, phone and/or pager numbers, and addresses of all officers and directors or trustees of the entity; (4) Applicant shall show satisfactory proof of authority to represent the entity applicant states that applicant represents and such proof shall be in writing; (5) If the applicant is a corporation or if the individual is employed by a corporation, the date and place of incorporation; (6) For the individual who will be in charge of conducting the solicitation, the name and any associated aliases, nicknames, and abbreviated names, phone and/or pager numbers as well as the times and days said individual can be reached at each said phone and/or pager number and associated mailing and street address; (7) For the individual who will be in charge of conducting the solicitation, a physical description which includes race, sex, height, weight, hair and eye color, date of birth, Clifton Code of Ordinances Page 84 driver's license number and the name of the state issuing the driver's license; (8) For the individual who will be in charge of conducting the solicitation, the names of other communities in which the applicant has worked as a solicitor or canvasser in the past 12 months, and, if employed by a different company in the other communities, the name of those companies shall be stated; (9) The nature of merchandise to be sold or offered for sale or the nature of the services to be furnished; (10) Whether such applicant upon any such order so obtained will demand, accept or receive payment or deposit of money in advance of final delivery; (11) For each solicitor to be involved, the names and any associated aliases, nicknames, and abbreviated names, age, and associated mailing and street address; (12) For the individual who will be in charge of conducting the solicitation, Clifton Police Department certification of traffic management and safety education and a summary of related experience. (13) An outline of the method to be used in conducting the solicitation; and (14) The period, proposed dates, times and location(s) of the proposed solicitation. Sec. 19­207. Hours of solicitation. All solicitations shall occur during the time that is one hour after sunrise and one hour before sunset. This section does not apply where the solicitor is on the property by express, prior invitation of the owner of the property or a person residing on the premises. Sec. 19­208. Duration of permit to solicit. As specified on the permit. Sec. 19­209. Permit to solicit nontransferable. Any permit issued under this division shall be personal to the entity or person(s) so named on the application and shall not be assigned or February 14, 2012 transferred to any other person(s) entity or affiliated entity. Any attempted assignment or transfer shall render the permit void. Sec. 19­210. Display of permit to solicit. The person(s) in charge of conducting the solicitation shall provide each solicitor with a copy of the permit issued by the city. It shall be unlawful for any solicitor to engage in solicitation without having such copy in their possession. It shall be unlawful for any solicitor to fail or refuse to show or display such copy upon the request of any person. Sec. 19­211. Display of identification to solicit. The City Secretary shall issue identification document(s) to the person(s) in charge of conducting the solicitation, who shall provide copies to all solicitors involved in the solicitation. The identification document is to be clearly displayed and recognizable by any person at any time. The document will identify who the solicitor is and for whom the solicitor is soliciting. It shall be unlawful for any solicitor to fail or refuse to show or display such identification. Sec. 19­212. Denial or revocation of permit to solicit. A permit to solicit may be revoked or an application to solicit may be denied by the City Secretary, City Administrator, Chief of Police or any member of the city council when it has been determined that: (1) An applicant has knowingly given false or misleading information on an application; (2) A solicitor, while soliciting, is charged and subsequently convicted of theft or fraud or a violation of any city, state, or federal law, in connection with said solicitation; (3) A solicitor or the entity has made, or caused to be made, false statements or misrepresentations to any member of the public with regard to the solicitations; Clifton Code of Ordinances Page 85 (4) A solicitor or the entity has in any way publicly represented that the permit granted is an endorsement or recommendation of the cause for which the solicitations are being conducted; (5) A solicitor or the entity violates any part of any provision of this article; or (6) A solicitor creates a traffic or safety hazard to themselves, the users of the roadway, property owner, or occupant thereof. Sec. 19­213. Appeal from denial or revocation of permit to solicit. If an applicant is denied a permit or a permit is revoked, the applicant may appeal that action to the city council by submitting a letter to the city secretary's office within 15 days of the action. A hearing on the denial or revocation will be scheduled for the next regular meeting of the city council that is more than six days away. The council will render a decision on the appeal within ten days of the hearing. Sec. 19­214. Fee for permit/exemption. The city council will set the fee for a permit to solicit. A person may be exempted from the payment of the fee by filing an affidavit with the city secretary, which avers that the person is incapable of paying the fee, and sets forth the person's financial condition. Sec. 19­371. Application of these regulations. These regulations do not apply to persons and organizations that are regulated by federal or state agencies to the extent that the federal or state law or regulation conflicts with this division. CHAPTERS 20, 21 RESERVED CHAPTER 22 CIVIL EMERGENCIES State law references: Emergency management, V.T.C.A., Government Code § 418.001 et seq.; local and interjurisdictional emergency management, V.T.C.A., Government Code § February 14, 2012 418.101 et seq.; false alarm or report, V.T.C.A., Penal Code § 42.06. ARTICLE I. IN GENERAL Sec. 22­1. National Incident Management System (NIMS) adopted. The city council hereby adopts the National Incident Management System dated March 1, 2004. Secs. 22­2 thru 22­30. Reserved. ARTICLE II. EMERGENCY MANAGEMENT Sec. 22­31. Organization. There exists the office of emergency management director of the city, which shall be held by the mayor in accordance with state law. (1) An emergency management coordinator may be appointed by and serve at the pleasure of the director; (2) The director shall be responsible for a program of comprehensive emergency management within the city and for carrying out the duties and responsibilities set forth in this article. He/she may delegate authority for execution shall remain with the director. (3) The operational emergency management organization of the city shall consist of the officers and employees of the city so designated by the director in the emergency management plan, as well as organized volunteer groups. The functions and duties of this organization shall be distributed among such officers and employees in accordance with the terms of the emergency management plan. Sec. 22­32. Emergency management director­powers and duties. The duties and responsibilities of the emergency management director shall include the following: (1) Surveying actual or potential hazards which threaten life and property within the city and identifying and requiring or recommending the Clifton Code of Ordinances Page 86 implementation of measures which would tend to prevent the occurrence or reduce the impact of such hazards if a disaster did occur. (2) Supervision of the development and approval of an emergency management plan for the city, and shall recommend for adoption by the city council all mutual aid arrangements deemed necessary for the implementation of such plan. (3) Authority to declare a local state of disaster. The declaration may not be continued or renewed for a period in excess of seven days except by or with the consent of the city council. Any order or proclamation declaring, continuing, or terminating a local state of disaster shall be given prompt and general publicity and shall be filed promptly with the city secretary. (4) Issuance of necessary proclamations, regulations, or directives which are necessary for carrying out the purposes of this article. Such proclamations, regulations, or directives shall be disseminated promptly by means calculated to bring its contents to the attention of the general public and, unless circumstances attendant on the disaster prevent or impede, promptly filed with the city secretary. (5) Direction and control of the operations of the city emergency management organization as well as the training of emergency management personnel. (6) Determination of all questions of authority and responsibility that may arise within the emergency management organization of the city. (7) Maintenance of liaison with other municipal, county, district, state, regional or federal emergency management organizations. (8) Marshaling of all necessary personnel, equipment, or supplies from any department of the city to aid in the carrying out of the provisions of the emergency management plan. (9) Supervision of the drafting and execution of mutual aid agreements, in cooperation with the February 14, 2012 representatives of the state and of other local political subdivisions of the state, and the drafting and execution, if deemed desirable, of an agreement with the county in which said city is located and with other municipalities within the county, for the county‐wide coordination of emergency management efforts. (10) Supervision of, and final authorization for the procurement of all necessary supplies and equipment, including acceptance of private contributions which may be offered for the purpose of improving emergency management within the city. (11) Authorizing of agreements, after approval by the city attorney, for use of private property for public shelter and other purposes. (12) Surveying the availability of existing personnel, equipment, supplies, and services which could be used during a disaster, as provided for herein. (13) Other requirements as specified in the Texas Disaster Act (Chapter 418 of the Government Code). Sec. 22­33. Emergency management plan. A comprehensive emergency management plan shall be developed and maintained in a current state. The plan shall set forth the form of the organization; establish and designate divisions and functions; assign responsibilities, tasks, duties, and powers; and designate officers and employees to carry out the provisions of this ordinance. As provided by state law, the plan shall follow the standards and criteria established by the State Division of Emergency Management of the State of Texas. Insofar as possible, the form of organization, titles, and terminology shall conform to the recommendations of the State Division of Emergency Management. When approved, it shall be the duty of all departments and agencies to perform the functions assigned by the plan and to maintain their portion of the plan in a current state of readiness at all times. The emergency management plan shall be Clifton Code of Ordinances Page 87 considered supplementary to this ordinance and have the effect of law during the time of a disaster. Sec. 22­34. Interjurisdictional program. The mayor is hereby authorized to join with the county judge of the County of Bosque and the mayors of the other cities in said county in the formation of an interjurisdictional emergency management program for the County of Bosque, and shall have the authority to cooperate in the preparation of an interjurisdictional emergency management plan and in the appointment of a joint emergency management coordinator, as well as all powers necessary to participate in a county‐wide program of emergency management insofar as said program may affect the city. Sec. 22­35. Override. At all times when the orders, rules, and regulations made and promulgated pursuant to this ordinance shall be in effect, they shall supersede and override all existing ordinances, orders, rules, and regulations insofar as the latter may be inconsistent therewith. Sec. 22­36. Liability. This Article Is an exercise by the city of its governmental functions for the protection of the public peace, health, and safety and neither the city the agents and representatives of the city, nor any individual, receiver, firm, partnership, corporation, association, or trustee, nor any of the agents thereof, in good faith carrying out, complying with or attempting to comply with, any order, rule, or regulation promulgated pursuant to the provisions of this article shall be liable for any damage sustained to persons as the result of said activity. Any person owning or controlling real estate or other premises who voluntarily and without compensation grants to the city a license of privilege, or otherwise permits the city to inspect, designate, and use the whole or any part or parts of such real estate or premises for the purpose of sheltering persons during an actual, impending, or practice enemy attack or February 14, 2012 natural or man‐made disaster shall, together with his successors in interest, if any, not be civilly liable for the death of, or injury to, any person on or about such real estate or premises under such license, privilege or other permission or for loss of, or damage to, the property of such person. Sec. 22­37. Commitment of funds. No person shall have the right to expend any public funds of the city in carrying out any emergency management activity authorized by this article without prior approval by the city council, nor shall any person have any right to bind the city by contract, agreement, or otherwise without prior and specific approval of the city council unless during a declared disaster. During a declared disaster, the mayor may expend and/or commit public funds of the city when deemed prudent and necessary for the protection of health, life, or property. Sec. 22­38. Offenses; penalties. (a) It shall be unlawful for any person willfully to obstruct, hinder, or delay any member of the emergency management organization in the enforcement of any rule or regulation issued pursuant to this article. (b) It shall likewise be unlawful for any person to wear, carry, or display any emblem, insignia, or any other means of identification as a member of the emergency management organization of the city, unless authority to do so has been granted to such person by the proper officials. (c) Convictions for violations of the provisions of this article shall be punishable by fine. CHAPTERS 23 THRU 25 RESERVED CHAPTER 26 COURTS State law references: Municipal court, V.T.C.A., Government Code ch. 29; court procedures, Vernon's Ann. C.C.P. art. 45.01 et seq. ARTICLE I. IN GENERAL Clifton Code of Ordinances Page 88 Secs. 26­1 thru 26­30. Reserved. ARTICLE II. MUNICIPAL COURT Sec. 26­31. Presiding officer. The municipal court shall be presided over by a judge of such court. In the absence of the judge, the mayor shall preside over such court. State law references: Judge, V.T.C.A., Government Code § 29.004. Sec. 26­32. Appointment, compensation and duties of judge. The judge of the municipal court shall be appointed by the mayor, by and with the consent of the city council. The judge shall receive such compensation as is fixed by the city council, and he shall have such duties and powers as are prescribed by the laws of the state relating to municipal courts. State law references: Appointment of judge in general law cities, V.T.C.A., Government Code § 29.004(b). Sec. 26­33. Clerk. There shall be a clerk of the municipal court. It shall be the duty of the clerk to keep minutes of the proceedings of the court, to issue all process and generally to do and perform all the duties of a clerk of a court as prescribed by law for the clerk of a county court, insofar as such provisions may be applicable. The clerk shall have authority to appoint a deputy, who shall have the same powers as the clerk. State law references: Clerk of municipal court, V.T.C.A., Government Code § 29.010. Sec. 26­34. Rules of pleading, practice and procedure. The rules of pleading, practice and procedure established for justice's courts shall apply to the municipal court insofar as they are applicable. State law references: Court procedures, Vernon's Ann. C.C.P. art. 45.01 et seq. Sec. 26­35. Warrant fees. February 14, 2012 As provided in Vernon's Ann. C.C.P. art. 45.06, there is established a special expense or warrant fee in an amount as shall be established by the council for the issuance and service of a warrant for an arrest for an offense under V.T.C.A., Penal Code § 38.10, or under V.T.C.A., Transportation Code § 543.009; and the special expenses described in Vernon's Ann. C.C.P. art. 17.04, dealing with the requisites of a personal bond; and a special expense for the issuance and service of a warrant of arrest, after due notice, in an amount as shall be established by the council, shall be paid into the city treasury for the use and benefit of the city. Sec. 26­36. Administrative fee for driving safety course. There is hereby imposed an administrative fee which shall be as established by the council to be levied against any person requesting a driving safety course authorized under V.T.C.A., Transportation Code §§ 543.102 thru 543.104. The fee is to be paid at the time the driving course is requested and not thereafter. The fee is authorized under V.T.C.A., Transportation Code § 543.106, and is not refundable. Sec. 26­37. Municipal court technology fund. (a) There is hereby established a municipal court technology fund in accordance with the Texas Code of Criminal Procedure, Subchapter A, Article 102.0172 which shall be separate and apart from all other funds and shall be used only for the purposes hereinafter identified. (b) Any defendant of the Clifton Municipal Court convicted of a misdemeanor offense shall pay the technology fee of $4.00 as a court cost. (c) For purposes of assessing the technology fee, a person is deemed convicted and required to pay the fee if: (1) A sentence is imposed on the person; (2) The person is placed on community supervision, including deferred adjudication community supervision; or (3) The court defers final disposition of the person's case. Clifton Code of Ordinances Page 89 (d) The municipal court technology fund shall be used solely for the purposes as follows with the consent of the city council: (1) Computer systems or networks; (2) Computer hardware or software; (3) Imaging systems; (4) Electronic kiosks; (5) Electronic ticket writers; and (6) Docket management systems. (e) The technology fee shall not be charged for any violation or conviction for which the offense was committed prior to September 1, 1999. (f) This fee shall be effective for all current and future unpaid convictions of misdemeanors in municipal court final reading after a public hearing and publication of the final version of this ordinance in compliance with state law. CHAPTERS 27 THRU 29 RESERVED CHAPTER 30 ELECTIONS State law references: Election dates and hours for voting, V.T.C.A., Election Code § 41.001 et seq.; election precincts, V.T.C.A., Election Code § 42.001 et seq.; polling places, V.T.C.A., Election Code § 43.001 et seq.; candidate for city office, V.T.C.A., Election Code § 143.001 et seq.; write‐in candidate in city election, V.T.C.A., Election Code § 146.051 et seq. Sec. 30­1. To be governed by state law. All elections pertaining to municipal affairs shall be governed by the election laws of the state. Sec. 30­2. General duties of mayor, city secretary and council. In all city elections, the mayor, city secretary or the city council shall do and perform each act in other elections required to be done and performed respectively by the county judge, the county clerk, or the commissioners court. Sec. 30­3. Election order and notice. In all city elections, the mayor, or if he fails to do so, the city council shall order the election February 14, 2012 and give notice of the election. Notice and proclamation shall be issued, and the chief of police shall post a properly executed copy at the place where the election is to be held. Such notice shall be posted 30 days before the date of the election. State law references: Ordering election of political subdivision, V.T.C.A., Election Code § 3.004 et seq.; notice of election, V.T.C.A., Election Code § 4.001 et seq. Sec. 30­4. Presiding judge and alternate for each election precinct. (a) A presiding election judge and an alternate presiding judge shall be appointed by the council for each election precinct in which an election is held. (b) The alternate presiding judge shall serve as presiding judge for an election if the regularly appointed presiding judge cannot serve. State law references: Similar provisions, V.T.C.A., Election Code §§ 32.001, 32.005. Sec. 30­5. Election clerks. (a) The presiding judge for each election precinct shall appoint the election clerks to assist the judge in the conduct of an election at the polling place served by the judge. (b) The appointment of an election clerk is for a single election only. (c) In an election conducted by the regularly appointed presiding judge, the presiding judge shall appoint the alternate presiding judge as one of the clerks. (d) The council shall prescribe the maximum number of clerks that each presiding judge may appoint for each election. The council may prescribe different maximums for different types of elections. (e) The presiding judge shall appoint at least two clerks for each precinct in each election and may appoint as many additional clerks, within the prescribed limit, as are necessary for the proper conduct of the election. Clifton Code of Ordinances Page 90 State law references: Similar provisions, V.T.C.A., Election Code § 32.031 et seq. (b) A candidate's application for a place on the ballot must: Sec. 30­6. Compensation of judges and clerks. (1) Be in writing; (a) An election judge or clerk is entitled to compensation for services rendered at a precinct polling place at an hourly rate not to exceed $6.00. A judge or clerk may be compensated at that rate for services rendered under V.T.C.A., Election Code § 62.014(c). (b) A judge or clerk may not be paid for more than one hour of work before the polls open, except for payment made for work under V.T.C.A., Election Code § 62.014(c). In a precinct in which voting machines are used, a judge or clerk may not be paid for more than two hours of work after the time for closing the polls or after the last voter has voted, whichever is later. (c) The election judge or clerk who delivers the precinct election records, keys to ballot boxes or other election equipment, and unused election supplies after an election is entitled to compensation for that service in an amount not to exceed $25.00. (d) If more than one election officer delivers the records, keys and unused supplies, the presiding judge shall determine how the amount fixed for the service is to be allocated among the officers. State law references: Similar provisions, V.T.C.A., Election Code §§ 32.091, 32.092. Sec. 30­7. Candidate's application. (a) Any eligible and qualified person may have his name printed upon the official ballot as an independent candidate for the office of mayor or alderman or other city office by filing his sworn application with the mayor at least 45 days prior to the election day. The application shall state that the applicant is eligible and qualified under the laws of the state to become a candidate for and hold the office being sought, if elected. February 14, 2012 (2) Be signed and sworn to by the candidate and indicate the date that the candidate swears to the application; (3) Be timely filed with the appropriate authority; and (4) Include: a. The candidate's name; b. The candidate's occupation; c. The office sought, including any place number or other distinguishing number; d. An indication of whether the office sought is to be filled for a full or unexpired term if the office sought and another office to be voted on have the same title but do not have place numbers or other distinguishing numbers; e. A statement that the candidate is a United States citizen; f. A statement that the candidate has not been determined mentally incompetent by a final judgment of a court; g. A statement that the candidate has not been finally convicted of a felony from which the candidate has not been pardoned or otherwise released from the resulting disabilities; h. The candidate's date of birth; i. The candidate's residence address or, if the residence has no address, the address at which the candidate receives mail and a concise description of the location of the candidate's residence; j. The candidate's length of continuous residence in the state and in the territory from which the office sought is elected as of the date the candidate swears to the application; k. The statement: "I, __________, of Bosque County, Texas, being a candidate for the office of __________, swear that I will support and Clifton Code of Ordinances Page 91 defend the constitution and laws of the United States and of the State of Texas"; and a statement that the candidate is aware of the nepotism law, V.T.C.A., Government Code ch. 573. withdrawn shall be printed on the ballot. Not later than 20 days before the city general election, the city secretary shall have the official ballots printed. State law references: Similar provisions, V.T.C.A., Election Code § 145.092(b). Sec. 30­11. Voting place and hours. State law references: General requirements for application, V.T.C.A., Election Code § 141.031; filing period, V.T.C.A., Election Code § 143.007. All elections for the selection of city officials shall be held at the city hall between the hours of 7:00 a.m. and 7:00 p.m. Sec. 30­8. Candidate's petition. State law references: Similar provisions, V.T.C.A., Election Code § 41.031. The sworn application referred to in section 30‐
7 may be accompanied by a petition signed by qualified electors, although such petition is not required. Sec. 30­9. Posting of candidates' names; objections to candidates. The names of all those who have filed their sworn applications to have their names printed on the official ballot as candidates in a city election shall be posted by the city secretary in a conspicuous place at his office for the inspection of the public for at least ten days before he orders the ballots to be printed. All objections to the regularity or validity of the application of any person shall be made within five days after such posting, by written notice filed with the city secretary, setting forth the grounds of objections. In case no such objection is filed within the time prescribed, the regularity or validity of the application of no person whose name is so posted shall be thereafter contested. Sec. 30­10. Printing of ballots; withdrawal of candidates. Any person eligible to the office of mayor, alderman or other office who has filed his sworn application in accordance with the provisions of this chapter shall have his name printed on the official ballots. Any such person may cause his name to be withdrawn not later than 5:00 p.m. of the 36th day before election day by filing in writing, with the city secretary, a request to that effect over his own signature, duly attested to by a notary public. No name so February 14, 2012 Sec. 30­12. Early voting. Each qualified voter who desires to cast an early vote and who is eligible to do so shall be entitled to an official ballot and the right to cast such ballot in accordance with the provisions of V.T.C.A., Election Code ch. 81 et seq. Sec. 30­13. Notice to and qualifying by persons elected. It shall be the duty of the city secretary to notify all persons elected, and all newly elected officers may enter upon their duties on the fifth day thereafter, Sundays excepted. If any such officer fails to qualify within 30 days after his election, his office shall be deemed vacant and a new election held to fill the same. Sec. 30­14. Preservation of records. The city secretary shall preserve in his office for a period of two years, all applications, notice of objections and other related papers pertaining to a city election. CHAPTERS 31 THRU 33 RESERVED State law references: Soil and water conservation, V.T.C.A., Agriculture Code § 201.001 et seq.; common and public nuisances, V.T.C.A., Civil Practice and Remedies Code § 125.001 et seq.; air quality, V.T.C.A., Health and Safety Code ch. 382 et seq.; oil and gas hazardous waste, V.T.C.A., Natural Resources Code § 91.601 et seq.; water quality control, V.T.C.A., Water Code § 26.001 et seq.; waste Clifton Code of Ordinances Page 92 disposal and control of storm water, V.T.C.A., Water Code § 51.331 et seq.; unreasonable noise, V.T.C.A., Penal Code § 42.01; nuisances in municipalities, V.T.C.A., Local Government Code § 217.002. CHAPTER 34 ENVIRONMENT ARTICLE I. IN GENERAL Secs. 34­1 thru 34­30. Reserved. ARTICLE II. NOISE Sec. 34­31 General Prohibition. It shall be unlawful for any person to make, continue, or cause to be made or continued any loud, unnecessary, or unusual noise or any noise which interferes with the normal enjoyment of life or property or disturbs, endangers, or interferes with the public peace and comfort. Sec. 34­32 Specific Prohibitions. The following enumerated acts are declared to be loud, disturbing, and unnecessary noises in violation of this Article, but this enumeration shall not be deemed to be exclusive: (A) The playing of any radio, television, musical instrument, stereo, compact disc player, or other machine or device for the producing, reproducing, or amplification of sound in such manner as to create a noise which could be reasonably considered to disturb a person of ordinary disposition residing in the vicinity or at any time with louder volume than is necessary for convenient hearing for persons who are in the room, vehicle, chamber, or location in which such machine or device is operated and who are voluntary listeners is hereby prohibited. The operation of such set, instrument, stereo, compact disc player, machine or device in such a manner as to be plainly audible at a distance of 50 feet from the building, structure, vehicle, or location in which it is situated shall be prima facie evidence of a violation of this section. February 14, 2012 (B) The playing or operating or permitting to be played or operated any radio, compact disc player, or loud‐speaking or noise‐making device or attachment on any premises under the ownership, management, or control of such person, when such premises are being used as a place of business to which the public generally is invited, in such a manner or in such volume as to be reasonably calculated to disturb the peace or to be unreasonably offensive to the public or to the occupants of other premises in the vicinity. (C) The sounding of any horn or signal device on any automobile or other vehicle while not in motion, except as a danger signal if another vehicle is approaching apparently out of control or if in motion only as a danger signal after or as brakes are being applied and deceleration of the vehicle is intended. (D) The use of any automobile, motorcycle, or other vehicle so out of repair or operated in such manner as to create loud and unnecessary spinning or squealing of tires, grating, grinding, rattling, or other noise. (E) The parking, storage or repairing of any motor vehicle or any motorized equipment between the hours of 1 0:00 p.m. and 7:00 a.m. with any motor left in operation for an extended period. (F) The use of sound amplifying equipment for commercial advertising purposes. Secs. 34­33 thru 34­65. Reserved. ARTICLE III. NUISANCES DIVISION 1. GENERALLY Sec. 34­66. Statutory powers. In the enforcement of this article, the city shall have all of the powers granted to the city in V.T.C.A., Health and Safety Code ch. 342. Sec. 34­67. What constitutes, generally. Whatever is dangerous to human life or health and whatever renders the ground, the water, the air, or any food or drink unwholesome and Clifton Code of Ordinances Page 93 a hazard to human life and health is declared to be a nuisance and is prohibited within the city. Sec. 34­68. Specific nuisances. The following are declared to be nuisances and as such are liable to be abated; and the person guilty of causing, permitting or suffering any of them upon his premises or in any building occupied or controlled by him or in or upon any street, alley, sidewalk or gutter immediately adjacent to such premises shall be guilty of a misdemeanor: (1) Any building, erection or cellar, or any part of such building, erection or cellar, which is overcrowded or not provided with adequate means of ingress or egress or is not sufficiently supported, ventilated, provided sewer service, drained, cleaned or lighted. (2) All cellars, vaults, drains, pools, privies, sewers, yards, grounds or premises which have for any cause become foul, nauseous or offensive or injurious to the health, or unpleasant to adjacent residences or to persons passing such premises. (3) All carcasses, all decaying flesh, fish, fowl, fruit, or vegetables, all deposits of manure, all flesh of any kind or description whatever, all filthy or offensive water or slops in any private yard or premises, and all other unwholesome substances when thrown upon or conducted into or upon any street, alley, public ground or enclosure in such manner as to render such substances unwholesome and offensive or liable to become unwholesome or offensive. (4) All privies; all markets, cellars, laundries, stores or other buildings or places which are not kept clean and free from filthy and unwholesome substances and odors; all deposits or substances that are offensive or liable to engender disease. (5) Every trade, business or occupation determined to be injurious to the health or comfort of persons who reside in the vicinity, and any can or receptacle containing water, slops or rubbish suffered to become stagnant or offensive or unwholesome from any cause. February 14, 2012 (6) The act of depositing filth or any foul, offensive, nauseous or injurious substance upon any sidewalk, street, alley, public thoroughfare or other public place. (7) The act of burning any substance of any kind. (8) The act of defecating or urinating upon the streets, alleys or public grounds, or in any place that may be seen from a private residence, or by persons passing along the streets, alleys or public thoroughfare. (9) The act of keeping, raising, possessing, or having in or about the premises, except within enclosures, any pigeons with intent to keep, raise or breed them. (10) The act by any person of permitting or allowing any weeds, filth or rubbish of any kind to remain on any sidewalk in front of or at the side of or upon any alley that may be at the side or rear of any premises owned by such person. (11) The act of expectorating or spitting of mucous, or saliva, or saliva mixed with tobacco, or secretions from the nose or air passages, or the remains of any chewed or partly chewed tobacco or snuff, or the remnant of any partially chewed or smoked cigar or cigarette upon any sidewalk, public building, or public vehicle, place or building or public resort within the corporate limits of the city. (12) The act of hauling, carrying or transporting any meat or slaughtered or dead animals or fish through the streets of the city without having such material entirely covered, screened and protected from dust and public view. (13) The act of throwing from any opening in, or carrying from, any dwelling or place of abode, any night soil, feces, urine or filth or unclean water into or upon any alley, street or sidewalk or into or upon any adjacent property not owned by the principal. (14) The act of conducting or causing to be conducted into any alley or gutter any wastewater from any sink or tank or any source Clifton Code of Ordinances Page 94 of water supply which may produce any pool or pools of stagnant water in any alley or gutter. (15) Any article or substance placed upon any street, sidewalk, alley, gutter, drain, or public ground, except such articles as are permitted by ordinance of this city, in such manner as to obstruct such passageway. (16) The act of throwing any glass, tin, queen's ware, crockery, or other rubbish into or upon the sidewalks, streets, alleys, public thoroughfares, commons, drains or gutters. (17) Any unwholesome food or adulterated medicine, and all cattle, horse or hog pens, stables or enclosed areas in which any cattle, horses or hogs may be kept or confined which may from use have become offensive. (18) Any granaries, barns, elevators or other premises where rats breed or are harbored. (19) Any nauseous, foul or putrid liquids, or substances likely to be nauseous, foul, offensive or putrid, discharged, placed, thrown or conducted into or upon any street, alley, public ground or common. (20) The act of wrongfully casting, throwing or depositing any filth, substance or thing into any private or public well or cistern. (21) The act of erecting or maintaining buildings or structures with roofs or eaves projecting beyond the property line or shedding water upon any property other than that belonging to the owner of such structure or building. (22) Any other act or thing done or suffered within the city limits, which may interfere with the enjoyment by any member of the city, or any person who may be deprived of his right to be free from foul, noxious, or offensive or unpleasant odors or vapors, and to breathe fresh air and to be free from the sight of foul or offensive objects and substances. State law references: Powers as to unwholesome matter, V.T.C.A., Health and Safety Code ch. 342. DIVISION 2. REGISTRATION AND MAINTENANCE OF VACANT PROPERTY Sec. 34­70. Title Article III, division 2 is hereby designated and shall be known and referred to as the vacant property registration ordinance of the city. Sec. 34­71. Purpose It is the intent of the city, through the adoption of article III, division 2, to establish a mechanism to protect residential neighborhoods from decline resulting from the lack of maintenance and security of abandoned properties and to establish an abandoned property registration program setting forth guidelines for the maintenance of abandoned properties. Sec. 34­72. Applicability Sec. 34­69. Abatement. If any nuisance described in this chapter is not abated by the owner of the premises or the person causing the nuisance within ten days February 14, 2012 after notice to do so, the city may do such work as is necessary to abate the nuisance, or cause the work to be done, pay for the work, and charge the expenses in doing or having such work done, or improvements made, to the owner of the property, whereupon such charge shall be a personal liability of such owner to the city. Such notice may be in writing served upon such owner in person by an officer or employee of the city, or may be by letter sent by certified or registered mail, return receipt requested, addressed to such owner at his post office address; or if personal service may not be had, or the owner's address is not known, notice may be given by publishing a brief summary of such order at least twice in ten consecutive days in some newspaper of general circulation in the city, addressed "Sanitary Improvements, To Whom It May Concern"; and such publication shall be deemed sufficient notice. The requirements of article III, division 2 shall be applicable to each owner of a residence or structure that has been vacant for more than 90 days, other than a structure that is owned by a Clifton Code of Ordinances Page 95 federal, state or local governmental entity or agency. Sec. 34­73. Definitions Certain words and phrases in article III, division 2 are defined, when used herein, as follows: Abatement order. An “order to abate” issued by the municipal court judge of the city pursuant to the city Code of Ordinances. Accessible property. Real property that is accessible to the public through an open and unsecured door, window, gate, fence, wall, or other opening. Accessible structure. A building or structure that is not secured or is open in such a way as to allow public or unauthorized access to the interior. Agreement. Any written instrument that transfers or conveys title to residential real property from one owner to another after a sale, trade, transfer or exchange. Evidence of vacancy. Any real property condition that independently, or in the context of the totality of circumstances relevant to the occupancy of that real property, would lead a reasonable enforcement official to believe that a property is vacant or occupied by a person without a legal right of occupancy. Such real property conditions include but are not limited to overgrown or dead vegetation; accumulation of newspapers, circulars, flyers or mail; past due utility notices or disconnected utilities; accumulation of trash, junk or debris; the absence of window coverings such as curtains, blinds or shutters; the absence of furnishings or personal items consistent with residential habitation; and/or statements by neighbors, relatives, friends, acquaintances, delivery agents, or government employees that the property is vacant. Foreclosure. The process by which real property subject to a deed of trust is sold to satisfy the debt of a defaulting trustor or borrower. Buyer. Any person, partnership, association, corporation, fiduciary or other legal entity that agrees to transfer anything of value in consideration for real property via an “agreement” as that term is defined in this section. Notice of default. A recorded instrument that reflects and provides notice that a default has taken place with respect to a deed of trust, and that a beneficiary intends to proceed with a trustee’s sale concerning said property. Dangerous building. Any building or structure reasonably deemed by qualified city staff to represent a violation of any provision specified in Chapter 18, Article VII of the city Code of Ordinances. Notice of determination. The written notice by the director to an owner that the structure is a vacant structure, a statement of the factual basis for the determination and the obligations of the owner of the structure to register. Days. Calendar days. Owner. Any person, partnership, association, corporation, fiduciary or other legal entity having a legal or equitable title or interest in real property. There is a rebuttable presumption that the Bosque County Appraisal District’s records identify the owner of the property and the owner’s address. Director. The director of the public works department or designee or the city manager’s designated personnel charged with the enforcement of article III, division 2. Enforcement official. The city manager, the building official, the director of public works and/or any employee or agent of the city designated and/or charged with enforcing the city Code of Ordinances, including but not limited to applicable codes adopted by reference therein. February 14, 2012 Property. Any unimproved or improved real property, or portion thereof, including but not limited to buildings or structures located on said real property, regardless of condition. Clifton Code of Ordinances Page 96 Registration form. The form provided by the director for an owner to register a vacant structure with the city. Residential building. Any improved real property or portion thereof, designed or permitted to be used for dwelling purposes, including buildings and structures located on such improved real property. This includes any real property being offered under any circumstances for sale, trade, transfer or exchange as “residential,” whether or not said property is legally permitted and zoned for such use. Securing. Such measures as may be directed by an enforcement official that assist in rendering real property inaccessible to unauthorized persons, including but not limited to repairing fences and walls, chaining and locking gates, and repairing or boarding doors, windows or other openings. Such measures shall be implemented in conformance with all applicable standards of the United States Department of Housing and Urban Development. Vacant. Any building, structure or real property that is unoccupied or is occupied by a person without a legal right of occupancy. No person(s) currently conducts a lawfully licensed business, or lawfully resides or lives in any part of the structure as the legal or equitable owner(s) or tenancy‐occupant(s), or owner‐occupants, or tenant (s) on a permanent, non‐transient basis. Sec. 34­74. Determination that structure is vacant; notice to owner (a) If the director has reason to believe that a structure has been vacant for a minimum of ninety (90) days and it is unregistered, the director shall evaluate the structure and determine if the structure is vacant within the meaning of article III, division 2. If the director finds the structure is vacant, the director shall state such in writing, outlining the factual basis for the determination. The notice of determination shall be based on the definitions and standards in article III, division 2. The director, or his representative, shall give written notice of determination by either mailing such February 14, 2012 notice to the owner at the owner’s address as recorded in the Bosque County Appraisal District records or by mailing, personal delivery, or verified facsimile transmission to an owner. If such notice is addressed and mailed through the United States Postal Service to the owner at the owner’s address as recorded in the Bosque County Appraisal District records and the United States Postal Service returns the notice as “refused” or “unclaimed,” the validity of the notice is not affected and the notice is considered delivered. (b) The notice of determination shall identify the structure, street address or legal description of the property, the factual basis for the determination, and the obligations of an owner to register the structure as set forth in article III, division 2. Sec. 34­75. Registration required; procedure (a) The owner of a vacant structure shall register that structure by completing and filing with the director a registration form, completing and filing with the director a vacant structure maintenance plan form, and remitting to the director the required registration fee within 90 days from the time that the structure becomes a vacant structure in accordance with article III, division 2. Thereafter the owner of the vacant structure shall annually register that vacant structure by completing and filing with the director the registration form, completing and filing with the director the vacant structure maintenance plan form and remitting to the director the required registration fee on or before October 31 of every year until such structure becomes occupied or the ownership is transferred. (b) Within ten (10) days of identification of any abandoned property by the director, the owner must register the property with the city public works department on specified forms. The director shall provide the registration form that the owner shall complete and file with the director. The registration form shall include the street address of each vacant structure, the Clifton Code of Ordinances Page 97 name and address of each owner and any other information deemed necessary for vacant structure identification by the director. (c) The director shall provide a vacant structure maintenance plan form that the owner shall complete and file with the director. (d) Properties subject to article III, division 2 shall remain subject to the annual registration requirement, security and maintenance standards of article III, division 2 as long as they remain vacant. (e) Any person, partnership, association, corporation, fiduciary or other legal entity that has registered a property under article III, division 2 must make a written report to the city public works department of any change of information contained in the registration within ten (10) days of the change. Any new owner of a vacant structure shall update the registration of that vacant structure by completing and filing with the director a registration form, completing and filing with the director a vacant structure maintenance form, and remitting to the director the current annual registration fee for that vacant structure, if it has not been previously paid, and thereafter annually registering as described above. (f) The duties/obligations in this section shall be joint and several among and between all trustees and beneficiaries and their respective agents. Sec. 34­76. Registration fees established; payment; use (a) A registration fee and re‐inspection fee is hereby authorized to be charged to the ownership of all vacant structures. The fees shall be applied to compensate the city for the cost of administration of the vacant structure registration program and inspections. The registration and re‐inspection fees shall be established by city council resolution. (b) The registration fee shall be paid on an annual basis. The registration fee billing period shall be October 1 through September 30 of each year (billable in October). The registration February 14, 2012 fee payment shall be due to the director by October 31 of every year until such structure becomes occupied. Re‐inspection fees may be billed monthly and payments shall be due to the director within thirty (30) days from the billing date. (c) Registration fees shall be due October 31 of each year in accordance with this section. The fees are nonrefundable and shall not be retroactively applied or prorated. (d) All registration fees are to be expended during the current billing year as may be necessary to cover the city’s direct and indirect cost for administering the registration and inspections required by article III, division 2. Should there be an unexpended balance at the end of any year, the city shall adjust the fees for the succeeding year, so that the amount produced and paid to the city, together with the unexpended balance, will be sufficient to pay the expenses of carrying out the provisions of article III, division 2. (e) All fees shall be applied to the year in which they were billed. Sec. 34­77. Maintenance requirements (a) It is declared a public nuisance for any person, partnership, association, corporation, fiduciary or other legal entity that owns, leases, occupies, controls or manages any property subject to the registration requirement contained in section 34‐75 to cause, permit or maintain any property condition contrary to any provision in article III, division 2. Consequently, the following maintenance requirements as to any property subject to the registration requirement contained in section 34‐75 are adopted: (1) Any property subject to this section must comply with the requirements of Chapter 34, Article III of the city Code of Ordinances. (2) In addition, the property shall be maintained free of weeds, dry brush, dead vegetation, trash, junk, debris, building materials, any accumulation of newspaper, circular flyers, notices (except those required by federal, state Clifton Code of Ordinances Page 98 or local law), discarded personal items including but not limited to furniture, clothing, large and small appliances, printed material or any other items that give the appearance that the property is abandoned. through, sliding and garage), gates and any other opening that may allow access to the interior of the property and/or structure(s). In the case of broken windows, “securing” means re‐glazing or boarding the window. (3) The property shall be maintained free of graffiti, tagging or similar marking. Any removal or painting‐over of graffiti shall be with an exterior grade paint that matches the color of the exterior of the structure. (c) If the property is owned by a corporation and/or beneficiary/trustee/owner located outside of the county or the state, a local property management company shall be contracted to perform weekly inspections to verify that the requirements of this section, and any other applicable laws, are being met. A copy of said contract with a local property management company shall be provided to the city. (4) Visible front and side yards shall be landscaped. Landscaping includes, but is not limited to, grass, ground covers, bushes, shrubs, hedges or similar plantings, decorative rock or bark or artificial turf/sod designed specifically for residential installation. (5) Landscaping does not include weeds, gravel, broken concrete, asphalt, plastic sheeting, mulch, indoor‐outdoor carpet or any similar material. (6) Pools and spas shall be maintained in working order so that water remains clear and free of pollutants and debris, or alternatively shall be drained and caused to dry. Properties with pools and/or spas must comply with the minimum security fencing requirements of the city and the state. (b) Adherence to this section does not relieve the beneficiary/trustee or property owner of obligations set forth in any covenants, conditions and restrictions and/or homeowners’ association rules and regulations which may apply to the property. (c) The duties/obligations specified in this section shall be joint and several among and between all trustees and beneficiaries and their respective agents. Sec. 34­78. Security; inspection of property (a) Properties subject to these requirements shall be maintained in a secure manner so as not to be accessible to unauthorized persons. (d) The owner or his designated representative shall inspect the property on a weekly basis to determine if the property is in compliance with the requirements of article III, division 2. If the property is not in compliance, it is the owner’s responsibility to bring the property into compliance. (e) The duties and obligations specified in this section shall be joint and several among and between all trustees and beneficiaries and their respective agents. Sec. 34­79. Exception from registration fee (a) Upon an owner’s written request to the director for an exception to the registration fee requirement and a finding by the director that a vacant structure qualifies as described below, the following shall be exceptions from the registration fee requirements of article III, division 2: (1) A vacant structure that has a city building permit in issued status for model/repair; (2) A vacant structure that is being actively marketed for sale or lease for less than twelve (12) months by a licensed real estate broker or an owner who is regularly advertising the property; (b) “Secure manner” includes but is not limited to closing and locking of windows, doors (walk‐
February 14, 2012 Clifton Code of Ordinances Page 99 (3) A vacant structure that is under a contract for sale or lease for less than twelve (12) months; or (4) A vacant structure that is under construction or repairs, not less than three (3) business days per week, undertaken in compliance with all applicable laws, including but not limited to city permitting requirements. (b) The director shall issue such finding in writing and mail such written finding by either mailing such notice to the owner at the owner’s address as recorded in the Bosque County Appraisal District records or by mailing, personal delivery or verified facsimile transmission to the owner. Sec. 34­80. Violations; enforcement; penalty (a) Any violation of article III, division 2 is a strict liability offense; a violation shall be deemed to have occurred regardless of a violator’s intent, knowledge or culpable mental state. (b) It is an offense to: (1) Fail to provide information required by article III, division 2; (2) Provide false information on the registration form or vacant maintenance structure plan form; or (3) Fail to perform an act required by article III, division 2. (c) Any person, firm, corporation, agent or employee thereof who violates any of the provisions of article III, division 2 shall be guilty of a misdemeanor and upon conviction thereof shall be fined an amount not to exceed five hundred dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. (d) In the event that the city is caused to undertake administrative action to abate the condition of a property subject to the registration requirement contained in section 34‐75 above, the rights and remedies specified February 14, 2012 in Chapter 34, Article III as well as the following penalties shall apply: (1) On the administrative penalty due date, each party subject to an abatement order shall pay an administrative penalty of one thousand dollars ($1,000.00). (2) In the event that a violation of article III, division 2 addressed by an abatement order has not been abated, cured, remedied or eliminated by the thirtieth (30th) day after the administrative penalty due date, each party subject to said abatement order shall pay a supplemental administrative penalty of five thousand dollars ($5,000.00). (3) In the event that a violation of article III, division 2 addressed by an abatement order has not been abated, cured, remedied or eliminated by the sixtieth (60th) day after the administrative penalty due date, each party subject to said abatement order shall pay a supplemental administrative penalty of ten thousand dollars ($10,000.00). (e) In each instance when a party becomes subject to an administrative penalty specified in subsection (d) of this section, an enforcement official shall issue an order providing written notice of that party’s obligation to make payment of said administrative penalty and providing an administrative penalty due date. Each such order shall constitute a special assessment against the property in question having the same legal status as an order determining the cost of abatement of a public nuisance pursuant to the provisions of Chapter 34, Article III. (f) In each instance when a party becomes subject to an administrative penalty specified in subsection (d) of this section, and the order providing for said administrative penalty issues when that party is either seeking to perfect its interest in the subject property subsequent to the recordation of a notice of default, or is the property’s owner of record, that party is not relieved of its obligation for the payment of administrative penalties based upon the sale of the property in question to another. Clifton Code of Ordinances Page 100 Sec. 34­81. Appeals Any person aggrieved by any of the requirements of article III, division 2 may appeal a determination made hereunder by submitting a written request for relief to the City Council. The City Council shall review the request and make a determination on the appeal at the next Council meeting. The City Council’s decision shall be final. Secs. 34­82 ­ 34­90. Reserved. DIVISION 3. WEEDS; GRASS; BRUSH; RUBBISH Sec. 34­91. Declared a nuisance. It shall be unlawful for any owner, lessee, occupant or any person in charge of any premises in the city to allow weeds, grass or brush to grow upon the premises, or trash or rubbish to accumulate upon such premises to such an extent as is reasonably calculated to create a fire hazard or to become injurious to the health of the citizens of the city; and either condition is declared to constitute a public nuisance. Sec. 34­92. Duty to keep sidewalks and parkways clean. It shall be the duty of every owner, lessee, occupant or person in charge of premises with a sidewalk or abutting parkway to keep the sidewalk or parkway free and clear of weeds, grass, brush, trash or rubbish. The growth or accumulation upon such a sidewalk or parkway of weeds, grass, brush, trash or rubbish to such an extent as is reasonably calculated to create a fire hazard or to become injurious to the health of the citizens of the city is declared to constitute a public nuisance. Sec. 34­93. Notice of failure to comply. (a) If the owner, lessee, occupant or person in charge of premises within the city shall fail to comply with the provisions of section 34‐91 or 34‐92, the city shall give notice personally to the owner of the premises in writing, informing him of his duty to comply with such February 14, 2012 requirements of section 34‐91 or 34‐92, as may be necessary and appropriate in the particular case. (b) Such notice may be given by letter, mailed by certified or registered mail, return receipt requested, to such owner at his post office address, or by publication in a paper of general circulation in the city two times within ten consecutive days if personal service may not be had or the owner's address is not known. Such notice shall inform the owner of his right to appeal to the city council. Sec. 34­94. Procedure on appeal to city council. If the owner refuses to comply with the regulations of section 34‐91 or 34‐92, he shall have ten days after service of such notice to appeal to the city council by filing with the city secretary notice of appeal and specifying the grounds for appeal. The city secretary shall, at the next meeting of the council, transmit to the council the findings of the city, a true copy of the notice to the owner, a certification of its service on the owner, and the notice of appeal as filed by the owner. An appeal shall stay all proceedings in furtherance of the action appealed from until a hearing on the appeal is had by the council. Sec. 34­95. Hearing before the council. The city council shall hear evidence and determine whether or not the growth of weeds, grass or brush, or the accumulation of rubbish or trash, or both, is sufficient to constitute a nuisance; and if they so find, they may declare that the condition on the property constitutes a public nuisance, and shall order the nuisance removed by the owner within ten days from the date such notice is given. Sec. 34­96. Abatement of nuisance by city. If an owner fails or refuses to comply with the provisions of this division on the notice given by the city and fails or refuses to exercise his right of appeal from the city's decision within the time prescribed, or if he fails or refuses to Clifton Code of Ordinances Page 101 comply with the order of the city council on appeal, such nuisance shall be abated by the city; and the expense incurred, which shall include salary and wages and reasonable charge for machinery, tools and vehicles used in abating such nuisance, shall be a personal charge against the owner of such premises and shall be assessed as a lien against the property from which the nuisance was abated, and shall be due and payable to the city tax collector. Failure to pay the charge when due shall cause the charge to bear interest from the date of payment by the city at the maximum rate allowed by law. The lien shall be obtained as provided in V.T.C.A., Health and Safety Code § 342.007. If the owner commits another violation of the same kind or nature that poses a danger to the public health and safety on or before the first anniversary of the date of the notice, the municipality without further notice may correct the violation at the owner expense and assess the expense against the property. If a violation covered by a notice under this subsection occurs within the one year period, and the city has not been informed in writing by the owner of an ownership change, then the city without further notice may take action permitted by this subsection. Sec. 34­97. Penalty for failure to comply. Failure of the owner or occupant to cut weeds, grass or brush, or to remove trash or rubbish when notified to do so by the city under the provisions of this division, shall be punished by a fine; and each day that such nuisance shall continue after the time for abatement as set out in this division shall constitute a separate offense. Secs. 34­98, 34­99. Reserved. DIVISION 3. SMOKING IN CERTAIN PUBLIC PLACES Sec. 34­100. Definitions. February 14, 2012 The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Bar means any establishment which derives at least 51 percent of its annual revenues from the sale of alcoholic beverages. Code enforcement official(s) means the department(s) or individual(s) designated by the mayor and city council to enforce and administer this division. Employee means any person who is employed by any employer for direct or indirect monetary wages, commissions or profit, or is in a position that would lead one to believe that such person is so employed. Enclosed means closed in by a roof and walls with appropriate openings for ingress and egress. Independently ventilated means that the heating, ventilation and air conditioning system does not allow for the mixing of air. Outdoors means any area that is not enclosed. Private club means any building, premises or portion thereof which is wholly owned or leased from other than a governmental entity by a non‐profit corporation organized under Chapter 501 (c)(3) of the United States Internal Revenue Code, as amended. Private office is an individual's office from which the public is not barred but to which the public goes primarily by invitation or appointment. It is an office in which there are no employees regularly in residence. Public place means any enclosed area that is open to or is used by the general public, or that is a place of employment and includes, but is not limited to: retail stores, grocery stores, offices, professional, commercial or financial establishments, food establishments, movie theaters, public and private institutions of education, health care facilities, nursing and convalescent homes, child and adult day care Clifton Code of Ordinances Page 102 facilities, residential treatment facilities, buildings owned or occupied by political subdivisions, and public restrooms. For the purpose of this division, a public place does not include a private residence, private club, bar, tobacco shop, hotel and motel guest rooms that are designated by management as smoking rooms, outdoors, private offices, or an independently ventilated area specifically designated for employee smoking. Any public places regulated by other statutes or other governmental administrative rules which conflict with or which preempt local regulation are exempt from the provisions hereof to the extent of such conflict or preemption. Smoke or smoking means the carrying or holding of a lighted pipe, cigar or cigarette of any kind, or any other lighted smoking material, equipment or device, and the lighting, emitting or exhaling the smoke of a pipe, cigar, or cigarette of any kind. Tobacco shop means any commercial establishment that derives 51 percent of its annual gross receipts from the sale of tobacco and tobacco accessories. Sec. 34­101. Smoking prohibited in public places. Smoking is hereby prohibited in all public places within the city limits of the City of Clifton. as a public place pursuant to this division shall cause to be placed a receptacle for smoking materials which is approved by the fire chief of the city outdoors near each entrance to all public places as defined herein. Sec. 34­103. Reporting violations. This division does not require the owner, operator, employer, manager or any employee to report a violation of this division. Sec. 34­104. Penalties for violation. Any person, firm, partnership or corporation who violates any provision of this section shall be guilty of a Class "C" misdemeanor and shall be punished by a fine. Sec. 34­105. Conflicting provisions and effective date. (a) All other ordinances or parts of ordinances in conflict herewith are repealed to the extent that they are in conflict. If any of the provisions of this ordinance shall be held void or unconstitutional, it is hereby provided that all other parts of the same which are not held void or unconstitutional shall remain in full force and effect. (b) This division will take effect upon its passage and publication in accordance with the law, including the holding of one or more public hearings, and passage in two readings during regular meetings of the city council. Sec. 34­102. Signs and receptacles. (a) The owner or other person having authority to manage and/or control any area designated as a public place, pursuant to this division, shall post or cause to be posted and visibly displayed, and shall maintain "No Smoking" signs in a form approved by the code enforcement official, in conspicuous locations within such public place. Such signs shall clearly and conspicuously recite the phrase "No Smoking by Order of the City of Clifton" in the English and Spanish language and/or use the international no‐smoking symbol. (b) The owner or other person having authority to manage and/or control any area designated February 14, 2012 CHAPTERS 35 THRU 37 RESERVED CHAPTER 38 FIRE PREVENTION AND PROTECTION State law references: Motor vehicle liability insurance coverage for firefighters, V.T.C.A., Local Government Code § 142.006; hazardous substances, V.T.C.A., Health and Safety Code § 501.001 et seq.; flammable liquids, V.T.C.A., Health and Safety Code § 753.001 et seq.; fire escapes, V.T.C.A., Health and Safety Code § 791.001 et seq.; commission on fire protection, V.T.C.A., Government Code § 419.001 et seq.; Clifton Code of Ordinances Page 103 fire detection and alarm devices, V.A.T.S. Insurance Code, art. 5.43‐2; fire protection sprinkler systems, V.A.T.S. Insurance Code, art. 5.43‐3; fireworks, V.A.T.S. Insurance Code, art. 5.43‐4; municipal fire protection, V.T.C.A., Local Government Code § 342.001 et seq.; liquefied petroleum gas, V.T.C.A., Natural Resources Code § 113.001 et seq.; arson, V.T.C.A., Penal Code § 28.02; county fire protection, V.T.C.A., Local Government Code § 352.001 et seq.; smoke detectors in hotels, V.T.C.A., Health and Safety Code § 792.001 et seq.; disabling fire exit alarms, V.T.C.A., Health and Safety Code § 793.001 et seq.; smoke detectors in residential tenancies, V.T.C.A., Property Code §§ 92.006, 92.251 et seq. ARTICLE I. IN GENERAL Sec. 38­1. Discharge or sale of fireworks. (a) No person shall cast, throw or fire any squib, rocket, cracker, torpedo, grenade, cap, cartridge or other combustible fireworks of any kind in the city; nor shall any person exhibit or have in his possession with intent to give away or sell or offer for sale or sell within the city any squib, rocket, cracker, torpedo, grenade or other combustible fireworks of any kind; however, this section shall not apply to the sale of any such articles by wholesalers to each other or to the sale of any such articles at wholesale to merchants conducting business entirely without the city, or to the sale by wholesalers for private or public demonstrations as provided for in this section. (b) Nothing in this section shall be construed to apply to the sale, storage or use of railroad track torpedoes or other signaling devices used by railroads, nor to the sale, storage or use of flashlight composition by photographers or dealers in photographic supplies, or prevent any public or private demonstration or display of fireworks conducted under proper police supervision after application made and a permit issued by the city council for such demonstration. Such permit shall not be granted unless such demonstration or display February 14, 2012 shall be of such a character, and so located, discharged or fired, as in the opinion of the city council, after proper inspection, shall not be hazardous to property or endanger any person. State law references: Authority of city to regulate or prohibit the use of fireworks, V.A.T.S. Insurance Code, art. 5.43‐4, § 3. Sec. 38­2. Burning of trash, leaves, refuse prohibited. It shall be unlawful for any person to light, start or ignite any trash fire, or burn any trash, leaves, rubbish, refuse or other things outside any house or building within the corporate limits of the city. Exceptions: An organization sponsoring a specific event or activity within the city, must appear before the city council prior to the event to request a temporary, one‐time exception to the prohibition of burning of trash, leaves, and refuse within the city limits. The council shall consider the request and may grant the temporary exception during the event or activity. Cross references: Solid waste, ch. 72. Sec. 38­3. Wrecking, parts, junk and post yards prohibited as fire hazards. (a) It shall be unlawful for any person to construct, maintain or open, within the city limits: (1) Any wrecking yard, meaning any land area for keeping wrecked automobiles, trucks or other self‐propelled vehicles, but not applying to storage in an enclosed building. (2) Any parts yard, meaning any land area for keeping self‐propelled wrecked vehicles and/or farm implements that are junk for parts, but not applying to storage in an enclosed building. (3) Any junkyards, meaning any land area for keeping worthless articles of any kind for a disposal place or for resale, but not applying to storage in an enclosed building. Clifton Code of Ordinances Page 104 (4) Any post yard, meaning any land area for keeping cedar or oak or other wood posts for either storage or sale commercially. (b) Any person violating this section shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined in accordance with Section 1‐9. who commits the crime of arson within the corporate limits of the city. This reward is a standing offer and shall be paid out of the general fund of the city. Secs. 38­8 thru 38­40. Reserved. ARTICLE II. FIRE MARSHAL (c) Nothing contained in this section is intended to conflict with the provisions of this Code regulating the construction or alteration of buildings within the fire limits, but it is intended to prohibit the type of storage described in this section, because of the fire hazard such storage presents to contiguous property. The office of fire marshal is created. Such office shall be independent of other city departments, the fire marshal reporting directly to the council. Sec. 38­4. False fire alarms. Sec. 38­42. Appointment. Sec. 38­41. Office created independent of other departments. No person shall knowingly give or make a false alarm of a fire within the corporate limits of the city. The office of fire marshal shall be filled by appointment by the mayor, by and with the consent of the city council. State law references: False alarm or report, V.T.C.A., Penal Code § 42.06. Sec. 38­43. Qualifications; removal. Sec. 38­5. Interference with firefighters and other officials proceeding to fire. It shall be unlawful for any person to interfere with or in any manner obstruct any firefighter or other city official proceeding to the scene or reported scene of any fire or to make it difficult or dangerous for any firefighter or other city official to proceed to the scene of a fire. Sec. 38­6. Interference with fire apparatus and equipment. It shall be unlawful for any person to deface, destroy, injure or molest any fire hose, hose reel, ladder, fire or chemical engine or other fire apparatus or equipment belonging to the city or to injure or deface any building or structure used to house or protect such apparatus and equipment or to interfere or meddle with any fire plug or hydrant within the city. Sec. 38­7. Arson reward. The city offers a reward in the amount set by the council to anyone who secures and furnishes information necessary to and which results in arrest and conviction of any person February 14, 2012 The fire marshal shall be properly qualified for the duties of his office and shall be removed only for cause. Sec. 38­44. Duty to investigate fires. The fire marshal shall investigate the cause, origin and circumstances of every fire occurring within the city by which property has been destroyed or damaged, and shall especially make investigation as to whether such fire was the result of carelessness or design. Such investigation shall be begun within 24 hours, not including Sunday, of the occurrence of such fire. Sec. 38­45. Taking of testimony. (a) The fire marshal, when in his opinion further investigation is necessary, shall take or cause to be taken the testimony, on oath, of all persons supposed to be cognizant of any facts or to have means of knowledge in relation to the matter under investigation, and shall cause the testimony to be reduced to writing. (b) The fire marshal is authorized and empowered to administer oaths and affirmations to any person appearing as witnesses before him. Clifton Code of Ordinances Page 105 Sec. 38­46. Authority to summon witnesses and require production of documents. The fire marshal shall have the power to summon witnesses before him to testify in relation to any matter which is, by the provisions of this article, a subject of inquiry and investigation, and may require the production of any book, paper or pertinent document. Sec. 38­47. Investigations may be private; sequestering witnesses. All investigations held by or under the direction of the fire marshal may, in his discretion, be private; and persons other than those required to be present may be excluded from the place where such investigation is held; and witnesses may be kept separate and apart from each other and not allowed to communicate with each other until they have been examined. Sec. 38­48. Duty when evidence indicates crime in connection with fire. If the fire marshal is of the opinion that there is evidence sufficient to charge any person with the crime of arson, or with the attempt to commit the crime of arson, or of conspiracy to defraud, or criminal conduct in connection with any fire, he shall cause such person to be lawfully arrested and charged with such offense or either of them, and shall furnish to the proper prosecuting attorney all such evidence, together with the names of witnesses and all of the information obtained by him, including a copy of all pertinent and material testimony taken in the case. Sec. 38­49. Misconduct of witnesses summoned by fire marshal. Any witness who refuses to be sworn, or who refuses to appear or testify, or who disobeys any lawful order of the fire marshal, or who fails or refuses to produce any book, paper or document touching any matter under examination, or who is guilty of any contemptuous conduct during any of the proceedings of the fire marshal in the matter of February 14, 2012 an investigation or inquiry authorized by this article, after being summoned to give testimony in relation to any matter under investigation, shall be deemed guilty of a misdemeanor; and it shall be the duty of the fire marshal to cause all such offenders to be prosecuted. Sec. 38­50. Examination and correction of dangerous conditions. (a) On the complaint of any person, the fire marshal, at any reasonable time, is entitled to enter any building or premises in the city. (b) The fire marshal shall enter monthly or more often and is entitled, at any time, to enter, any mercantile, manufacturing or public building, place of amusement, or place where public gatherings are held, or any premises belonging to such a building or place, and make a thorough examination. (c) The fire marshal shall order the removal of a building or structure or other remedial action if he finds that: (1) The building or other structure, because of lack of repair, age, dilapidated condition or other reason, is susceptible to fire and is so located or occupied that fire would endanger persons or property in the building or structure; (2) A dangerous condition is created by: a. An improper arrangement of stoves, ranges, furnaces or other heating appliances, including chimneys, flues and pipes with which they are connected, or by their lighting systems or devices; or b. The manner of storage of explosives, compounds, petroleum, gasoline, kerosene, dangerous chemicals, vegetable products, ashes, or combustible, flammable or refuse materials; or (3) Any other condition exists that is dangerous or is liable to cause or promote fire or create danger for firefighters, occupants, or other buildings or structures. (d) The occupant or owner of the building or premises shall immediately comply with an Clifton Code of Ordinances Page 106 order made by the fire marshal under this section. The fire marshal may, if necessary, apply to a court of competent jurisdiction for writs or orders necessary to enforce this section; and the court may grant appropriate relief. The fire marshal is not required to give a bond. hazardous conditions, together with a separate report on each fire in the city during the month. (e) If the owner or occupant of a building or structure deems himself aggrieved by an order under this section, he may, within five days, appeal to the mayor, who shall investigate the cause of the complaint; and, unless by his authority the order is revoked, such order shall remain in force and be forthwith complied with by the owner or occupant. Any owner or occupant who fails to comply with such notice shall be guilty of a misdemeanor. Sec. 38­86. Permit for storage tanks. No person shall build or set up any tank, either at a filling station or at a wholesale station, for the storage or sale of gasoline or other volatiles without first having obtained a permit from the city council upon the approval of the fire marshal and building official as to the place and manner of construction. State law references: Right of state fire marshal to examine buildings and premises, V.T.C.A., Government Code § 417.008. All tanks for the storage of gasoline and other volatiles at filling stations and other establishments shall be installed as provided by state laws and regulations. Sec. 38­51. Locations of fires. The fire marshal at any time may enter a building or premises at which a fire is in progress or has occurred and is under control of law enforcement or fire service officials to investigate the cause, origin and circumstances of the fire. If control of the building or premises has been relinquished, entry must be in compliance with search and seizure law and applicable federal law. Secs. 38­54 thru 38­85. Reserved. ARTICLE III. GASOLINE AND OTHER VOLATILES Sec. 38­87. Storage tanks. Sec. 38­88. Delivery vehicles. Trucks used for transporting gasoline or other volatiles shall have tanks and equipment that are in compliance with state laws and regulations and that bear the label of approval of the National Fire Protection Association or the American Insurance Association, as applicable. Sec. 38­89. Delivery from vehicles. The fire marshal shall keep in his office a record of all fires, together with all facts, statistics and circumstances, including the origin of the fires and the amount of loss, which may be determined by the investigation required by this article. It shall be unlawful for any person to deliver or cause to be delivered from any truck or vehicle of any kind or character gasoline in quantities of more than five gallons to any residence or building, or within 100 feet of any residence or building, within the city limits, unless the gasoline is transferred from the trucks or vehicles in which the gasoline is transported to an underground tank or to tanks regularly placed on motor vehicles as regular equipment on such vehicles to be used for such operation. Sec. 38­53. Monthly reports to state fire marshal. State law references: Mobile service units, V.T.C.A., Health and Safety Code § 753.002. State law references: Similar power of state fire marshal, V.T.C.A., Government Code § 417.007(b). Sec. 38­52. Records to be kept. At the end of each month, the fire marshal shall report to the state fire marshal all existing February 14, 2012 Clifton Code of Ordinances Page 107 Sec. 38­90. Metal dispensing containers required at filling stations. It shall be unlawful for the owner or manager of any service station, filling station or dispensing station, or the agents, employees and servants of such owner or manager, to sell and dispense or offer to sell and dispense gasoline or any other flammable liquids having a flash point below 200 degrees Fahrenheit in any type of container other than those that are State or Federally approved. Sec. 38­91. Smoking prohibited in rooms where kept. It shall be unlawful for any person to smoke in any room in which gasoline or other volatiles are kept or for the manager or other person in charge of any building in which gasoline or other volatiles are kept to allow smoking in such rooms, and notices to that effect shall be prominently displayed. Section 42­2. Findings of fact (1) The flood hazard areas of the City of Clifton are subject to periodic inundation, which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety and general welfare. (2) These flood losses are created by the cumulative effect of obstructions in floodplains which cause an increase in flood heights and velocities, and by the occupancy of flood hazard areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, flood proofed or otherwise protected from flood damage. Section 42­3. Statement of purpose CHAPTERS 39 THRU 41 RESERVED CHAPTER 42 FLOODS State law references: Municipal water control, V.T.C.A., Local Government Code § 401.001 et seq.; municipal drainage utility systems, V.T.C.A., Local Government Code § 402.041 et seq.; city‐county water control, V.T.C.A., Local Government Code §§ 411.002, 411.003; Flood Control and Insurance Act, V.T.C.A., Water Code § 16.311 et seq.; contracts with conservation districts for flood control and drainage, V.T.C.A., Agriculture Code § 201.152; disaster mitigation, V.T.C.A., Government Code § 418.121 et seq. ARTICLE I FLOOD DAMAGE PREVENTION ORDINANCE Section 42­1. Statutory authorization The Legislature of the State of Texas has in the Flood Control Insurance Act, Texas Water Code, Section 16.315, delegated the responsibility of local governmental units to adopt regulations February 14, 2012 designed to minimize flood losses. Therefore, the City Council of the City of Clifton, Texas, does ordain as follows: It is the purpose of this ordinance to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (1) Protect human life and health; (2) Minimize expenditure of public money for costly flood control projects; (3) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (4) Minimize prolonged business interruptions; (5) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains; (6) Help maintain a stable tax base by providing for the sound use and development of flood‐
prone areas in such a manner as to minimize future flood blight areas; and Clifton Code of Ordinances Page 108 (7) Insure that potential buyers are notified that property is in a flood area. Section 42­4. Methods of reducing flood losses In order to accomplish its purposes, this ordinance uses the following methods: (1) Restrict or prohibit uses that are dangerous to health, safety or property in times of flood, or cause excessive increases in flood heights or velocities; (2) Require that uses vulnerable to floods, including facilities, which serve such uses, be protected against flood damage at the time of initial construction; (3) Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of flood waters; (4) Control filling, grading, dredging and other development, which may increase flood damage; (5) Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands. Section 42­5 DEFINITIONS Unless specifically defined below, words or phrases used in this ordinance shall be interpreted to give them the meaning they have in common usage and to give this ordinance its most reasonable application. ALLUVIAL FAN FLOODING ‐ means flooding occurring on the surface of an alluvial fan or similar landform which originates at the apex and is characterized by high‐velocity flows; active processes of erosion, sediment transport, and deposition; and unpredictable flow paths. APEX ‐ means a point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur. February 14, 2012 APPURTENANT STRUCTURE – means a structure which is on the same parcel of property as the principal structure to be insured and the use of which is incidental to the use of the principal structure AREA OF FUTURE CONDITIONS FLOOD HAZARD – means the land area that would be inundated by the 1‐percent‐annual chance (100 year) flood based on future conditions hydrology. AREA OF SHALLOW FLOODING ‐ means a designated AO, AH, AR/AO, AR/AH, or VO zone on a community's Flood Insurance Rate Map (FIRM) with a 1 percent or greater annual chance of flooding to an average depth of 1 to 3 feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. AREA OF SPECIAL FLOOD HAZARD ‐ is the land in the floodplain within a community subject to a 1 percent or greater chance of flooding in any given year. The area may be designated as Zone A on the Flood Hazard Boundary Map (FHBM). After detailed rate‐making has been completed in preparation for publication of the FIRM, Zone A usually is refined into Zones A, AO, AH, A1‐30, AE, A99, AR, AR/A1‐30, AR/AE, AR/AO, AR/AH, AR/A, VO, V1‐30, VE or V. BASE FLOOD ‐ means the flood having a 1 percent chance of being equaled or exceeded in any given year. BASE FLOOD ELEVATION (BFE) – The elevation shown on the Flood Insurance Rate Map (FIRM) and found in the accompanying Flood Insurance Study (FIS) for Zones A, AE, AH, A1‐A30, AR, V1‐
V30, or VE that indicates the water surface elevation resulting from the flood that has a 1% chance of equaling or exceeding that level in any given year ‐ also called the Base Flood. BASEMENT ‐ means any area of the building having its floor subgrade (below ground level) on all sides. BREAKAWAY WALL – means a wall that is not part of the structural support of the building Clifton Code of Ordinances Page 109 and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system. CRITICAL FEATURE ‐ means an integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised. DEVELOPMENT ‐ means any man‐made change to improved and unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. ELEVATED BUILDING – means, for insurance purposes, a non‐basement building, which has its lowest elevated floor, raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns. EXISTING CONSTRUCTION ‐ means for the purposes of determining rates, structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. "Existing construction" may also be referred to as "existing structures." EXISTING MANUFACTURED HOME PARK OR SUBDIVISION ‐ means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community. EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION ‐ means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the February 14, 2012 construction of streets, and either final site grading or the pouring of concrete pads). FLOOD OR FLOODING ‐ means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) the overflow of inland or tidal waters. (2) the unusual and rapid accumulation or runoff of surface waters from any source. FLOOD ELEVATION STUDY – means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood‐related erosion hazards. FLOOD HAZARD BOUNDARY MAP (FHBM) ‐ means an official map of a community, issued by the Administrator, where the boundaries of the flood, mudslide (i.e., mudflow) related erosion areas having special hazards have been designated as Zones A, M, and/or E. FLOOD INSURANCE RATE MAP (FIRM) ‐ means an official map of a community, on which the Federal Emergency Management Agency has delineated both the special flood hazard areas and the risk premium zones applicable to the community. FLOOD INSURANCE STUDY (FIS) – see Flood Elevation Study FLOODPLAIN OR FLOOD‐PRONE AREA ‐ means any land area susceptible to being inundated by water from any source (see definition of flooding). FLOODPLAIN MANAGEMENT ‐ means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations. FLOODPLAIN MANAGEMENT REGULATIONS ‐ means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain Clifton Code of Ordinances Page 110 ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction. FLOOD PROTECTION SYSTEM ‐ means those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the area within a community subject to a "special flood hazard" and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards. FLOOD PROOFING ‐ means any combination of structural and non‐structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. FLOODWAY – see Regulatory Floodway FUNCTIONALLY DEPENDENT USE ‐ means a use, which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long‐term storage or related manufacturing facilities. HIGHEST ADJACENT GRADE ‐ means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. HISTORIC STRUCTURE ‐ means any structure that is: (1) Listed individually in the National Register of Historic Places (a listing maintained by the February 14, 2012 Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or (4) Individually listed on a local inventory or historic places in communities with historic preservation programs that have been certified either: (a) By an approved state program as determined by the Secretary of the Interior or; (b) Directly by the Secretary of the Interior in states without approved programs. LEVEE ‐ means a man‐made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding. LEVEE SYSTEM ‐ means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices. LOWEST FLOOR ‐ means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking or vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non‐elevation design requirement of Clifton Code of Ordinances Page 111 Section 60.3 of the National Flood Insurance Program regulations. MANUFACTURED HOME ‐ means a structure transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle". MANUFACTURED HOME PARK OR SUBDIVISION ‐ means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. MEAN SEA LEVEL ‐ means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. NEW CONSTRUCTION ‐ means, for the purpose of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures. NEW MANUFACTURED HOME PARK OR SUBDIVISION ‐ means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community. RECREATIONAL VEHICLE ‐ means a vehicle which is (i) built on a single chassis; (ii) 400 February 14, 2012 square feet or less when measured at the largest horizontal projections; (iii) designed to be self‐propelled or permanently towable by a light duty truck; and (iv) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. RIVERINE – means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. SPECIAL FLOOD HAZARD AREA – see Area of Special Flood Hazard START OF CONSTRUCTION ‐ (for other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. L. 97‐348)), includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. STRUCTURE – means, for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, Clifton Code of Ordinances Page 112 that is principally above ground, as well as a manufactured home. magnitudes and frequencies in the floodplains of coastal or riverine areas. SUBSTANTIAL DAMAGE ‐ means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. Section 42­6. Lands to which this ordinance applies SUBSTANTIAL IMPROVEMENT ‐ means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before "start of construction" of the improvement. This term includes structures, which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either: (1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions or (2) Any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure." VARIANCE – means a grant of relief by a community from the terms of a floodplain management regulation. (For full requirements see Section 60.6 of the National Flood Insurance Program regulations.) VIOLATION ‐ means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided. WATER SURFACE ELEVATION ‐ means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where specified), of floods of various February 14, 2012 The ordinance shall apply to all areas of special flood hazard with the jurisdiction of the City of Clifton. Section 42­7. Basis For Establishing The Areas Of Special Flood Hazard The areas of special flood hazard identified by the Federal Emergency Management Agency in the Flood Insurance Rate Map (FIRM), Community Number 480052, dated January 6, 2011, and any revisions thereto are hereby adopted by reference and declared to be a part of this ordinance. Section 42­8. Establishment of development permit A Floodplain Development Permit shall be required to ensure conformance with the provisions of this ordinance. Section 42­9. Compliance No structure or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this ordinance and other applicable regulations. Section 42­10. Abrogation and greater restrictions This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. Section 42­11. Interpretation In the interpretation and application of this ordinance, all provisions shall be: (1) considered as minimum requirements; (2) liberally construed in favor of the governing body; and (3) deemed neither to limit nor repeal any other powers granted under State statutes. Clifton Code of Ordinances Page 113 Section 42­12. Warning and disclaimer or liability The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions greater floods can and will occur and flood heights may be increased by man‐made or natural causes. This ordinance does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the community or any official or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder. Sec 42­13 through 42­50 reserved ARTICLE 4 ADMINISTRATION Section 42­51. Designation of the floodplain administrator The City Planning & Zoning Commission is hereby appointed the Floodplain Administrator to administer and implement the provisions of this ordinance and other appropriate sections of 44 CFR (Emergency Management and Assistance ‐ National Flood Insurance Program Regulations) pertaining to floodplain management. Section 42­52. Duties & responsibilities of the floodplain administrator Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the following: (1) Maintain and hold open for public inspection all records pertaining to the provisions of this ordinance. (2) Review permit application to determine whether to ensure that the proposed building site project, including the placement of manufactured homes, will be reasonably safe from flooding. February 14, 2012 (3) Review, approve or deny all applications for development permits required by adoption of this ordinance. (4) Review permits for proposed development to assure that all necessary permits have been obtained from those Federal, State or local governmental agencies (including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) from which prior approval is required. (5) Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the Floodplain Administrator shall make the necessary interpretation. (6) Notify, in riverine situations, adjacent communities and the State Coordinating Agency which is the Texas Water Development Board (TWDB) and also the Texas Commission on Environmental Quality (TCEQ), prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency. (7) Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained. (8) When base flood elevation data has not been provided in accordance with Article 3, Section B, the Floodplain Administrator shall obtain, review and reasonably utilize any base flood elevation data and floodway data available from a Federal, State or other source, in order to administer the provisions of Article 5. Section 42­53. Permit procedures (1) Application for a Floodplain Development Permit shall be presented to the Floodplain Administrator on forms furnished by him/her and may include, but not be limited to, plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, including the placement of Clifton Code of Ordinances Page 114 manufactured homes, and the location of the foregoing in relation to areas of special flood hazard. Additionally, the following information is required: (g) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; (a) Elevation (in relation to mean sea level), of the lowest floor (including basement) of all new and substantially improved structures; (h) The necessity to the facility of a waterfront location, where applicable; (b) Elevation in relation to mean sea level to which any nonresidential structure shall be flood proofed; (c) A certificate from a registered professional engineer or architect that the nonresidential flood proofed structure shall meet the flood proofing criteria of Article 5, Section B (2); (d) Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development. (e) Maintain a record of all such information in accordance with Article 4, Section (B) (1). (2) Approval or denial of a Floodplain Development Permit by the Floodplain Administrator shall be based on all of the provisions of this ordinance and the following relevant factors: (a) The danger to life and property due to flooding or erosion damage; (b) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (c) The danger that materials may be swept onto other lands to the injury of others; (d) The compatibility of the proposed use with existing and anticipated development; (e) The safety of access to the property in times of flood for ordinary and emergency vehicles; (f) The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems; February 14, 2012 (i) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use. Section 42­54. Variance Procedures (1) The Appeal Board, as established by the community, shall hear and render judgment on requests for variances from the requirements of this ordinance. (2) The Appeal Board shall hear and render judgment on an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this ordinance. (3) Any person or persons aggrieved by the decision of the Appeal Board may appeal such decision in the courts of competent jurisdiction. (4) The Floodplain Administrator shall maintain a record of all actions involving an appeal and shall report variances to the Federal Emergency Management Agency upon request. (5) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this ordinance. (6) Variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the relevant factors in Section C (2) of this Article have been fully considered. As the lot size increases beyond the Clifton Code of Ordinances Page 115 1/2 acre, the technical justification required for issuing the variance increases. (7) Upon consideration of the factors noted above and the intent of this ordinance, the Appeal Board may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this ordinance (Article 1, Section C). (8) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (9) Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. (10) Prerequisites for granting variances: (a) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (b) Variances shall only be issued upon: (i) showing a good and sufficient cause; (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (c) Any application to which a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. February 14, 2012 (11) Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that (i) the criteria outlined in Article 4, Section D (1)‐(9) are met, and (ii) the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. ARTICLE 5 PROVISIONS FOR FLOOD HAZARD REDUCTION Section 42­61. General standards In all areas of special flood hazards the following provisions are required for all new construction and substantial improvements: (1) All new construction or substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; (2) All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage; (3) All new construction or substantial improvements shall be constructed with materials resistant to flood damage; (4) All new construction or substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. (5) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; Clifton Code of Ordinances Page 116 (6) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from the systems into flood waters; and, (7) On‐site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. Section 42­62. Specific standards In all areas of special flood hazards where base flood elevation data has been provided as set forth in (i) Article 3, Section B, (ii) Article 4, Section B (8), or (iii) Article 5, Section C (3), the following provisions are required: (1) Residential Construction ‐ new construction and substantial improvement of any residential structure shall have the lowest floor (including basement), elevated to at least one foot above the base flood elevation. A registered professional engineer, architect, or land surveyor shall submit a certification to the Floodplain Administrator that the standard of this subsection as proposed in Article 4, Section C (1) a., is satisfied. (2) Nonresidential Construction ‐ new construction and substantial improvements of any commercial, industrial or other nonresidential structure shall either have the lowest floor (including basement) elevated to at least one foot above the base flood level or together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice as outlined in this subsection. A record of such certification which February 14, 2012 includes the specific elevation (in relation to mean sea level) to which such structures are flood proofed shall be maintained by the Floodplain Administrator. (3) Enclosures ‐ new construction and substantial improvements, with fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: (a) A minimum of two openings on separate walls having a total net area of not less than 1 square inch for every square foot of enclosed area subject to flooding shall be provided. (b) The bottom of all openings shall be no higher than 1 foot above grade. (c) Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. (4) Manufactured Homes ‐ (a) Require that all manufactured homes to be placed within Zone A on a community's FIRM shall be installed using methods and practices that minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over‐the‐top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces. (b) Require that manufactured homes that are placed or substantially improved within Zones A1‐30, AH, and AE on the community's FIRM on sites (i) outside of a manufactured home park or subdivision, (ii) in a new manufactured home Clifton Code of Ordinances Page 117 park or subdivision, (iii) in an expansion to an existing manufactured home park or subdivision, or (iv) in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as a result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. (c) Require that manufactured homes be placed or substantially improved on sites in an existing manufactured home park or subdivision with Zones A1‐30, AH and AE on the community's FIRM that are not subject to the provisions of paragraph (4) of this section be elevated so that either: (i) the lowest floor of the manufactured home is at least one foot above the base flood elevation, or (ii) the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. (4) All subdivision proposals including the placement of manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards. (5) All subdivision proposals including the placement of manufactured home parks and subdivisions shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage. Section 42­64. Severability If any section, clause, sentence, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. Section 42­65. Penalties for non compliance Section 42­63. Standards for subdivision proposals (1) All subdivision proposals including the placement of manufactured home parks and subdivisions shall be consistent with Article 1, Sections B, C, and D of this ordinance. (2) All proposals for the development of subdivisions including the placement of manufactured home parks and subdivisions shall meet Floodplain Development Permit requirements of Article 3, Section C; Article 4, Section C; and the provisions of Article 5 of this ordinance. February 14, 2012 (3) Base flood elevation data shall be generated for subdivision proposals and other proposed development including the placement of manufactured home parks and subdivisions which is greater than 50 lots or 5 acres, whichever is lesser, if not otherwise provided pursuant to Article 3, Section B or Article 4, Section B (8) of this ordinance. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this court order and other applicable regulations. Violation of the provisions of this court order by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this court order or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $500 for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the City Clifton Code of Ordinances Page 118 Council from taking such other lawful action as is necessary to prevent or remedy any violation. Sec. 46­38. Members. CHAPTERS 43 THRU 45 RESERVED CHAPTER 46 LAW ENFORCEMENT State law references: Municipal civil service, V.T.C.A., Local Government Code ch. 143; municipal law enforcement, V.T.C.A., Local Government Code ch. 341; police reserve force, V.T.C.A., Local Government Code § 341.012; duties and powers of peace officers, Vernon's Ann. C.C.P. art. 2.13; law enforcement services provided through cooperation of local governments, V.T.C.A., Local Government Code § 362.001 et seq.; commission on law enforcement officer standards and education, V.T.C.A., Government Code § 415.001 et seq.; false report to peace officer or law enforcement employee, V.T.C.A., Penal Code § 37.08. ARTICLE I. IN GENERAL Sec. 46­1. Office of city marshal abolished. The office of city marshal is abolished. State law references: Abolition of office of marshal, V.T.C.A., Local Government Code § 22.076. Secs. 46­2 thru 46­35. Reserved. ARTICLE II. POLICE DEPARTMENT The police department of the city shall consist of the chief of police and such number of commissioned regular police officers, commissioned reserve police officers and civilian personnel assigned to support services for the police department as the city council may authorize. Sec. 46­39. Duty of department members to obey. The chief of police, all commissioned regular police, the commissioned reserve police officers and the civilian members assigned to the police department will at all times abide by and obey any and all lawful policies, general orders and division directives as set forth in the police department manual of operations that, when adopted, amended, deleted or changed by the council, shall carry the weight of authority as though contained in and set forth in this article. Sec. 46­40. Nepotism. The chief of police, the commissioned regular police officers, the commissioned reserve officers and civilian personnel assigned to the police department shall not receive appointment with the police department who are at the time of appointment related within the second degree of affinity or within the third degree of consanguinity to the mayor or any member of the city council. Sec. 46­41. Interlocal law enforcement agreements; rights reserved by the city council. DIVISION 1. GENERALLY Sec. 46­36. Established. There is hereby created a police department for the city. State law references: Police force of type A general law municipality, V.T.C.A., Local Government Code § 341.001. Sec. 46­37. Police officers to take oath. February 14, 2012 The chief of police or any other police officer acting in or for the city shall, before entering upon the duties of his office, take the oath of office prescribed by the state constitution. The city council reserves the right, pursuant to the provisions of V.T.C.A., Local Government Code ch. 362 to permit the chief of police to enter into interlocal city or county law enforcement agreements, contracts, or other acts of reciprocity for the purpose of providing or receiving outside law enforcement assistance Clifton Code of Ordinances Page 119 to other cities/counties in time of criminal or civil emergency. Any agreements, contracts or acts of reciprocity entered into shall be with the advice and consent of the majority of the city council; and such consent shall be rendered at a regularly scheduled public hearing. chief of police shall perform such other duties as assigned by the mayor or as prescribed by law. Sec. 46­69. Supervision. Secs. 46­42 thru 46­65. Reserved. The chief of police shall report to the mayor, who shall be responsible for the direction and supervision of the chief of police. DIVISION 2. CHIEF OF POLICE Sec. 46­70. To submit monthly report. Sec. 46­66. Office created. There is created the office of chief of police of the city, which shall be filled by some suitable person who possesses all of the qualifications prescribed by the city council and the state commission on law enforcement officer standards and education. This officer shall be appointed by the city council and shall serve for an indefinite term at the pleasure of the city council. Sec. 46­67. Chief of police to be member of the police department. The person occupying the office of chief of police shall, by virtue of such appointment and the exercise of the duties of the office, be and become a member of the police department, and shall be subject to all of the ordinances and laws applicable to police officers, including all laws presently in force and which may be hereafter enacted. Sec. 46­68. Duties. The chief of police will be responsible for the command, duty assignments and external relations of the department as approved by the mayor. The chief of police shall propose such programs and policies to the mayor as deemed necessary to maintain an efficient and effective department. The chief of police shall develop, present and justify budget estimates for departmental operations of the department. The chief of police shall at all times take appropriate action to protect life and property, preserve the peace, prevent crime, detect and arrest violators of the law, and enforce all federal, state and local laws and ordinances coming within departmental jurisdiction. The February 14, 2012 The chief of police shall submit one monthly report to the city council at their regularly scheduled public hearing. The report shall contain the number of arrests, traffic accidents, both injury and noninjury traffic citations, number of patrol and administrative hours, number and hours of presentation made to civic groups and schools, number of hours spent in court, and number of miles driven as reflected from daily report sheets. The city council may at any time request additional reports reflecting other police statistics. Secs. 46­71 thru 46­100. Reserved. ARTICLE III. POLICE RESERVE FORCE State law references: Police reserve force, V.T.C.A., Local Government Code § 341.012. Sec. 46­101. Established. There is established a police reserve force for the city. Sec. 46­102. Appointment, discharge. Members of the police reserve force shall be appointed and/or relieved at the discretion of the chief of police and shall serve as police officers during actual discharge of official duties. Sec. 46­103. Limitation on membership. The police reserve force shall not exceed ten members. Sec. 46­104. When utilized; schedule of work assignments. (a) Members of the police reserve force may be called into active service at any time the chief of Clifton Code of Ordinances Page 120 police considers it necessary to have additional police officers to preserve the peace and enforce the laws of the state and city ordinances. (b) A schedule consisting of work assignments of the police reserve force will be presented to the city council, once monthly, for their review and recommendations, by the chief of police. Sec. 46­105. Compensation. Members of the police reserve force will serve without compensation and without compensation for uniforms and equipment. State law references: Compensation of police reserve force, V.T.C.A., Local Government Code § 141.007. Sec. 46­106. Nature of service. Reserve police officers shall act only in a supplementary capacity to the regular police force and shall in no case assume the full‐time duties of regular police officers without complying with the requirements for regular police officers. Sec. 46­107. Liability of city, chief of police. Except as otherwise specified by state law, the city and the chief of police shall not incur any liability by reason of the appointment of any reserve police officer sustaining any personal injury while serving in such capacity. (a) Reserve police officers must comply with the minimum standards for reserve police officers as established by the state commission on law enforcement officer standards and education. Minimum standards are so established, which must be fulfilled before a person appointed as a reserve police officer may carry a weapon or otherwise act as a peace officer. (b) The chief of police shall establish qualifications and standards of training for members of the police reserve force and shall establish rules and regulations governing reserve police officers. (c) The chief of police may establish minimum physical, mental, educational and moral standards as used by the police reserve force, but in no case shall the standards be less than those established by the state commission on law enforcement standards and education. CHAPTERS 47 THRU 55 RESERVED CHAPTER 56 NATURAL RESOURCES State law references: Oil and gas, V.T.C.A., Natural Resources Code ch. 81 et seq.; water wells, V.T.C.A., Water Code ch. 28; water well drillers, V.T.C.A., Water Code ch. 32. State law references: Liability of a municipality, V.T.C.A., Civil Practice and Remedies Code § 101.0215. ARTICLE I. IN GENERAL Sec. 46­108. Authority of mayor to summon special police force. ARTICLE II. PRIVATE WATER WELLS This article does not limit the power of the mayor to summon into service any special police force as provided by state or federal law. Secs. 56­1 thru 56­30. Reserved. Sec. 56­31. Permit required. State law references: Special police force in type A general law municipality, V.T.C.A., Local Government Code § 341.011. It shall be unlawful for any person to drill or to commence to drill a water well within the corporate limits of the city without first obtaining a drilling permit from the city secretary. Sec. 46­109. Standards for service. Sec. 56­32. Issuance of permit. February 14, 2012 Clifton Code of Ordinances Page 121 A drilling permit shall be issued to an applicant by the city secretary only after the following requirements are met: (a.) The applicant shall submit to the city council an application to drill a water well, setting forth: a. The location of the proposed well; b. Its proximity to all other utility lines within 200 feet of the location; c. Its proximity to all kennels, sanitary sewer lines and storm sewer lines within 200 feet of the location; d. The proposed depth of the well; e. The size of well bore; f. The type of casing; g. Proposed pump size and type; and h. Such other information as the city council may reasonably require. (b.) The applicant shall pay the fee required by the city council's designated engineer to determine whether the proposed well will, at the time of the application or in the immediate future, in any manner affect, diminish or interfere with the city's subsurface water supply. (c.) Upon obtaining the designated engineer's report, the city council shall set the application for hearing, and shall grant the application if it determines that the proposed well: a. Is necessary to the applicant and will impose an undue hardship on the applicant if not permitted; b. Will not in any manner affect, diminish or interfere with the city's subsurface water supply at the present time or in the immediate future; and c. Will not be located so as to permit contamination of the February 14, 2012 aquifers through which it passes. (d.) If the application is granted, the city secretary shall issue a drilling permit upon the payment of a fee which shall be as established by the council. Sec. 56­33. Connection to city water system prohibited. No private water well shall be connected, directly or indirectly to any portion of the city water system. In addition to any other penalty provided by this article or other law, the city shall immediately terminate city water service to any lines connected in violation of this section. Sec. 56­34. Penalty for violation of article. A violation of this Article Is an offense, punishable by a fine. Each calendar day in which a violation of this article continues shall constitute a separate offense. CHAPTERS 57 THRU 59 RESERVED CHAPTER 60 OFFENSES AND MISCELLANEOUS PROVISIONS State law references: Suit to abate prostitution, gambling, etc., V.T.C.A., Civil Practice and Remedies Code § 125.001 et seq.; preemption of criminal offenses by Penal Code, V.T.C.A., Penal Code § 1.08; municipal public health powers, V.T.C.A., Health and Safety Code § 122.005; abatement of health nuisances, V.T.C.A., Health and Safety Code § 341.011 et seq. ARTICLE I. IN GENERAL Sec. 60­1. Smoking in municipal buildings limited. (a) All persons are prohibited from using tobacco in any form within all municipal buildings owned by the City of Clifton, Bosque County, Texas, and subject only to the following exceptions: Clifton Code of Ordinances Page 122 The municipal judge and chief of police may designate a smoking area within the administrative office area of the court and police department. (b) Except as specifically provided in subsection (a) of this section, any person found in violation of this section shall be guilty of an offense, and upon conviction shall be fined in accordance with Section 1‐9. Sec. 60­2. Refrigerators and other containers. (a) This section applies only to a refrigerator, icebox, or other airtight or semi airtight container that has: (1) A capacity of at least 1 1/2 cubic feet; (2) An opening of at least 50 square inches; and (3) A door or lid equipped with a latch or other fastening device capable of securing the door or lid shut. (b) A person may not place a container described by subsection (a) of this section outside of a structure or in a warehouse, storage room, or unoccupied or abandoned structure so that the container is accessible to children. (c) A person may not permit a container described by subsection (a) of this section to remain in an area specified by subsection (b) of this section so that the container is accessible to children. (d) A person commits an offense if the person violates subsection (b) or (c) of this section. (e) An offense under this section is a misdemeanor punishable by a fine. (f) Each day of a continuing violation constitutes a separate offense. State law references: Similar provisions, V.T.C.A., Health and Safety Code § 756.011 et seq. (b) Exceptions: An organization sponsoring a specific event or activity within the city, must appear before the city council prior to the event to request a temporary, one‐time exception to the prohibition of air gun discharges within the city limits. The council shall consider the request and may grant the temporary exception during the event or activity. Sec. 60­4. Appliances and non­
conforming articles in public view. (a) It shall be unlawful for appliances, fixtures or other products manufactured or otherwise intended for installation and/or use indoors to be kept, stored, used or displayed outside of an enclosed structure for longer than 72 hours in an area zoned for R‐1 or R‐2 residential uses. (b) Any person guilty of causing an infraction of this provision shall be guilty of a Class C misdemeanor and upon conviction shall be fined in accordance with Section 1‐9, each day constituting a separate violation. ARTICLE II. YOUTH CURFEW Sec. 60­36. Definitions. For the purposes of this article, the following words, terms and phrases shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning; Curfew hours means: (1) 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday until 6:00 a.m. of the following day; and (2) 12:01 a.m. until 6:00 a.m. on any Saturday or Sunday. Sec. 60­3. Air guns; discharge prohibited. Emergency shall include, but not be limited to, fire, natural disaster, an automobile accident or seeking immediate medical treatment for any person. (a) It shall be unlawful for any person to shoot or discharge any air gun or air rifle of any description in the city. Intrastate transportation means transportation between locations within the state to which any travel through the city is merely incidental. February 14, 2012 Clifton Code of Ordinances Page 123 Interstate transportation means transportation between states of the United States or between a state of the United States and a foreign country, to which travel trough the city is merely incidental. Minor means any person less than 17 years of age. Parent means a person who is the natural or adoptive parent of a minor. "Parent" shall also include a court‐appointed guardian or other person 21 years of age or older who has been authorized by the parent, by a court order, or by the court‐appointed guardian to have care and physical control of a minor. Public place means any place to which the public or a substantial group of the public has access, and includes, but is not limited to, streets and highways, and the common areas of schools, hospitals, apartment houses, office buildings, transportation facilities, restaurants and shops. Sec. 60­37. Offenses. (a) It shall be unlawful for any minor to intentionally or knowingly remain, walk, run, stand, drive or ride about in or upon any public place in the city during curfew hours. (b) It shall be unlawful for a parent of a minor to knowingly allow or permit the minor to be in violation of the curfew imposed in subsection (1) of this section. (2) The minor was accompanied by an adult 21 years of age or older approved by the parent; (3) The minor was on an emergency errand; (4) The minor was attending a school, religious or government‐sponsored activity or going to or coming from a school, religious or government‐
sponsored activity; (5) The minor was engaged in a lawful employment activity or labor organization meeting or going to or coming from said lawful employment or labor organization meeting; (6) The minor was on the premises of the place where such minor resides or the premises of a next‐door neighbor, and the neighbor had not communicated an objection to the minor or the minor's parent; (7) The minor was on an errand directed by his or her parent; (8) The minor was in an aircraft or motor vehicle involved in interstate or intrastate transportation or was awaiting transportation. (9) The minor was exercising his or her First and Fourteenth rights protected by the United States Constitution, including but not limited to, the free exercise of religion, freedom of speech, and the right of assembly; or (10) The minor was married or had been married or had disabilities of minority removed in accordance with the Texas Family Code. (c) It shall be unlawful for any owner, operator, or employee of any privately owned place of business operated for profit to which the public is invited, to knowingly allow a minor to remain upon the premises of said place of business during curfew hours. (11) In a prosecution under subsection 60‐37(c), the owner, operator or employee of the place of business promptly notified the police department that a minor was present on the premises of the business during curfew hours and refused to leave. Sec. 60­38. Defenses. Sec. 60­39. Enforcement procedure and administrative appeals. It is a defense to prosecution under section 60‐
37 that, at the time of the act that otherwise would constitute an offense: (1) The minor was accompanied by his or her parent; February 14, 2012 (a) Any City of Clifton police officer, upon finding a minor in violation of subsection 60‐
37(a), shall determine the name, address and identity of the minor and the name, address and identity of the minor's parent(s) or guardian(s). A warning notice shall be issued to Clifton Code of Ordinances Page 124 the minor, who shall be ordered to go home by the most direct means and route. A copy of the notice shall be filed with the Clifton police chief who shall send a letter to the parent(s) or guardian(s) of the minor advising that the minor was found in violation of this article, and soliciting cooperation in the future. (b) Any Clifton police officer, upon finding a minor in violation of subsection 60‐37(a) when the minor has once previously been warned as in subsection 60‐39(a) above, shall record the name, address and identity of the minor and the minor's parent(s) or guardians(s), and shall issue a citation to the minor for the violation of this article. The minor shall be ordered to go home by the most direct means and route. A copy of the citation shall be filed with the chief of police who shall send a letter to the parent(s) or guardian(s) of the minor found in violation of this article, the letter will address the requirement of parental control of the minor. (c) Any Clifton police officer, upon finding a minor in violation of subsection 60‐37(a), when the minor has at least twice previously been found in violation and issued a warning and a citation as provided in subsection 60‐39(a) and (b) above, shall record the name, address and identity of the minor and the minor's parent(s) or guardian(s). The minor shall be ordered to go home by the most direct means and route and the officer shall file a complaint against the minor and the minor's parent(s) or guardian(s) in municipal court for the violation. The police department shall file all necessary documentation and provide evidence required for prosecution of the minor/and or the parent(s) or guardian(s). (d) If, after receiving a warning notice or letter as provided for under subsections (a) and (b) above, a person believes that the document was issued without justification, the person shall have ten days from the receipt of the document to present an appeal, in writing, to the Clifton Chief of Police. The appeal shall state the facts and circumstances which the appellant believes make the issuance of the February 14, 2012 documentation in question unjustified. The chief of police or his designated representative shall respond, in writing, to the appellant not later than 20 days after receipt of the appeal, stating whether the issuance of the document or documents in question will be upheld or rescinded, and stating the reasons for decision. All decisions shall be final with the ruling of the chief of police, or his representative. If a document is ordered rescinded after issuance, the status of the minor and the parent(s) or guardian(s) in question thereafter shall be the same as if the document ordered rescinded had never been issued, and all city records shall be corrected accordingly. Sec. 60­40. Penalties. (a) Any minor violating the provisions of this article shall, upon conviction, is guilty of a Class "C" misdemeanor as defined by the Texas Penal Code and shall be dealt with in accordance with the provisions of Title 3 of the Texas Family Code and the Texas Code of Criminal Procedure. (b) A parent who violates subsection 60‐37(b) or a person who violates subsection 60‐37(c) shall, upon conviction, be guilty of a Class "C" misdemeanor, which shall be punishable by a fine. (3) In assessing punishment under this article, the municipal court judge may consider a community service program or a teen court program, in lieu of all or part of the fine. Secs. 60­41 thru 60­70. Reserved. ARTICLE III. FIREARMS Sec. 60­71. Discharge prohibited. No person shall fire or discharge any gun, revolver, pistol or other firearms within the city. State law references: Authority of city to regulate or prohibit the use of firearms, V.T.C.A., Local Government Code § 342.003(a)(8). Sec. 60­72. Carrying firearms on city premises. Clifton Code of Ordinances Page 125 (a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Building has the same meaning that it has in V.T.C.A., Penal Code ch. 30. City premises means a building or any portion of a structure owned, leased, occupied or controlled by the city. City premises include but are not limited to the city hall, civic center, fire department, municipal service compound, police and courts building, the armory building, the municipal water and sewer distribution, treatment and storage facilities, and the municipal swimming pool. City premises do not include streets, sidewalks or open public parks or green spaces owned or operated by the city. Enter or entry means the intrusion of the entire body. Firearm means a gun, pistol, rifle or any other device designed, made or adapted to expel a projectile through a barrel by using explosive energy generated by an explosion or burning substance or any device readily convertible to that use. Notice has the same meaning that it has in V.T.C.A., Penal Code § 30.05. (b) Firearms unlawful. (1) Except as provided in this section, a person carrying a firearm, whether the firearm is concealed or unconcealed, may not enter or remain upon city premises. (2) The city secretary shall direct city staff to: a. Provide notice at all city premises that entry is forbidden to anyone carrying a firearm. b. Provide notice to depart to anyone found carrying a firearm not permitted by this section on city premises. (3) Signs posted as notice under subsection (2)a. of this section shall include a statement in English and Spanish giving notice that firearms are prohibited. February 14, 2012 (4) This section does not apply to a peace officer or a commissioned security officer hired by or under contract with the city and acting within the scope of that employment, or to a peace officer of another unit of government lawfully acting within the scope of the peace officer's duties. (5) A person may carry a firearm on the premises of the airport for the purposes of shipping the firearm by air or receiving a shipment of the firearm, subject to such restrictions as the city secretary or his designee may require, and in compliance with applicable federal regulations. (c) Penalty for violations. (1) A violation of subsection (b)(1) of this section is a misdemeanor offense and upon conviction is subject to the general penalty as provided by section 1‐9. (2) The failure to depart from city premises after notice has been given to depart under subsection (b)(2) of this section is an offense subject to prosecution for criminal trespass under V.T.C.A., Penal Code § 30.05. Secs. 60­73 thru 60­90. Reserved. ARTICLE IV. GARAGE SALES Sec. 60­91. Definitions. As used in this article, "garage sale," "yard sale," "basement sale" and "rummage sale," including any similar terms such as "attic sale," "lawn sale," "flea market sale," etc., means any sale of tangible personal property, whether used, secondhand, damaged, or discarded, not otherwise regulated in this Code of Ordinances, advertised by any means whereby the public at large is or can be aware of such sale. Sec. 60­92. Intent. It is the intent of this article to regulate the term and frequency of personal property sales in residential areas so that the residential environment of such areas is not disturbed or disrupted, and to prohibit the infringement of any business into such established areas. Clifton Code of Ordinances Page 126 Sec. 60­93. Permitted locations. An owner, tenant, or lessee of a residence or charitable institution, including churches, schools, and hospitals, may conduct a sale as described in this chapter upon the premises of his or her residence or upon the premises of such charitable institution, as provided in this chapter. Sec. 60­94. Limitations on sales. (a) Any sale as described in this chapter shall not be conducted for longer three consecutive days, and no more than four such sales at any one location will be permitted within a fiscal (January 1 through December 31) year. (b) Signs advertising a sale regulated by this chapter may be erected or placed on the premises of the sale beginning on the day preceding the beginning of the sale and shall be removed immediately at the end of the sale. No sign may be placed on the city easement between the sidewalk and the curb. No sign shall be in excess of six square feet, and no sign shall be illuminated in any manner whatsoever, except incidentally by streetlights or house lights. Sec. 60­95. Hours of sale. The sale shall be limited to the hours between 7:00 a.m. and 8:00 p.m. Sec. 60­96. Public address system prohibited. The use of a public address system is prohibited by garage sales. Sec. 60­97. Display of goods for sale. Goods for sale shall not be displayed on public property, unless the sale is by a non‐profit organization, which has obtained prior permission to hold such a sale. Neither shall such goods be displayed on private property in a manner, which will materially impede visibility, or pedestrian or vehicular traffic on or off the premises. Sec. 60­98. Exceptions. This article shall not apply to or affect: February 14, 2012 (1) Persons selling goods pursuant to an order or process of a court of competent jurisdiction; (2) Persons acting in accordance with their powers and duties as public officials; or (3) Persons selling or advertising for sale items of personal property which are specifically named or described in the advertisement and which separate items do not exceed five in number. (4) Non‐profit organizations operating garage sales, bazaars etc. on public or private property. Sec. 60­99. Penalty. Whoever violates or fails to comply with any of the provisions of this article shall be fined in accordance with Section 1‐9 for each offense. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues. CHAPTERS 61 THRU 63 RESERVED CHAPTER 64 PARKS AND RECREATION State law references: Municipal parks and recreation, Vernon's Ann. Civ. St. art. 1015c et seq.; public improvements, bonds, occupancy tax, Vernon's Ann. Civ. St. art. 1269j‐4.1; city parks, Vernon's Ann. Civ. St. art. 6081h et seq.; local parks and other recreational and cultural resources, V.T.C.A., Local Government Code chs. 315, 331 et seq.; lease of land from state parks and wildlife department, V.T.C.A., Parks and Wildlife Code § 13.006; local boating regulations, V.T.C.A., Parks and Wildlife Code § 31.092. Sec. 64­1. Vehicle travel prohibited. (a) It shall be unlawful for any person to operate any vehicle, motor vehicle or motorcycle (as defined in V.T.C.A., Transportation Code § 541.201) upon any portion of the city parks except those designated as roadways, parking lots or for restricted use. Clifton Code of Ordinances Page 127 (b) Restricted use areas shall be those areas defined and approved by the city council with appropriate signs erected stating their restricted use. unless a permit has been issued by the city under authority of subsections (a), (b), and (c) of section 64‐4. Sec. 64­2. Alcoholic beverages prohibited. Those persons who have care and control of city parks shall be exempt from section 64‐1. (a) It shall be unlawful for any person to bring into or have in his possession any type of alcoholic beverages within those areas of the city park system known as Dahl Park, Olsen Park, or the playground area adjoining FM 219 (E Fifth Street) on the north side of the roadway. (b) It shall be unlawful for any person to bring into or have in his possession any type of alcoholic beverage within a 100‐yard radius of the football field or any baseball field located within a city park. Sec. 64­3. Tennis courts. It shall be unlawful for any person to bring onto a tennis court any type of object which may damage or destroy the playing surface by riding or rolling the object on the playing surface. Sec. 64­4. Overnight camping. (a) It shall be unlawful to camp or remain overnight within a city park without a permit issued by the city. (b) The permit required by subsection (a) of this section shall contain the name, address, type of vehicle, and expected length of stay by those asking for the permit. (c) Fees for permits shall be as established by the council. (d) Only recreational vehicles or camping trailers with towed vehicles may be parked overnight in city parks, and then only in designated RV spots. No RV or trailer may be parked in city parks for a period exceeding seven consecutive days or 14 days in any three‐
month calendar period unless given written permission by the City Administrator. (e) Camping in other types of vehicles or trailers, in tents, or in the open is prohibited February 14, 2012 Sec. 64­5. Exemptions. Sec. 64­6. Penalty for failure to comply with chapter. Any person who shall violate the terms and provisions of this chapter shall, upon conviction, be punished in accordance with section 1‐9. Secs. 64­7. Hours of use and regulations for certain parks and facilities. (a) Hours of allowed usage at Dahl Park shall be from 6:00 a.m. to 10:00 p.m., seven days a week, and 365 days a year. Hours of allowed usage at the Olsen Park Swimming Pool will be appropriately posted, and the area inside the fence shall be off limits to public access at all other times. (b) Proper signage shall be procured and installed as soon as is feasible by the city, informing visitors of park hours and possible penalties for violations. (c) Upon installation of above‐named signs in Dahl Park and Olsen Park, the hours of usage shall become official, and failure to observe said hours of usage can result in a fine as prescribed in the City of Clifton Parks and Recreation Code, section 64‐6, and the City of Clifton Code of Ordinances, General Provisions, section 1‐9. CHAPTERS 65 THRU 67 RESERVED CHAPTER 68 PEDDLERS AND SOLICITORS State law references: Regulation of hawkers, peddlers and pawnbrokers, V.T.C.A., Local Government Code § 215.031; criminal trespass, V.T.C.A., Penal Code § 30.05; persons regarded as retailers under sales tax law, V.T.C.A., Tax Code § 151.024; cancellation of certain Clifton Code of Ordinances Page 128 consumer transactions, V.T.C.A., Business and Commerce Code ch. 39. ARTICLE I. IN GENERAL Secs. 68­1 thru 68­30. Reserved. ARTICLE II. ITINERANT MERCHANTS; ITINERANT VENDORS DIVISION 1. GENERALLY (3) The nature of the articles or things to be sold or for which orders are to be solicited. (4) Whether the registrant, upon any sale or order, shall demand or receive or accept payment or deposit of money in advance of final delivery. (5) The period of time during which the registrant wishes to solicit or sell in the city. Sec. 68­31. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Interstate commerce means soliciting, selling or taking orders for or offering to take orders for any goods, wares, merchandise, photographs, newspapers or magazines, or subscriptions to newspapers or magazines which, at the time the order is taken, are in another state or will be produced in another state and shipped or introduced into this city in the fulfillment of such orders. Itinerant merchant or itinerant vendor means any person who goes from house to house or from place to place in the city, soliciting, selling or taking orders for or offering to sell or take orders for any goods, wares, merchandise, services, photographs, newspapers, magazines or subscriptions to newspapers or magazines. Sec. 68­32. Registration of itinerant merchants and vendors engaged in interstate commerce. (a) It shall be unlawful for persons engaged in interstate commerce to engage in any activity described in section 68‐31 in the city without having first registered with the city secretary giving the following information: (1) The name, home address and local address, if any, of the registrant. February 14, 2012 (2) The name and address of the person the registrant represents or for whom or through whom orders are to be solicited or cleared. (b) The registrant, at the time of the registration as provided for in this section, shall submit, for inspection of the city secretary, written proof of his identity, which may be in the form of an automobile operator's license, or an identification letter or card issued to the registrant by the person for whom or through whom orders are to be solicited or cleared. Sec. 68­33. Activities prohibited on Sunday and between certain hours. It shall be unlawful for any person, whether licensed under this article or not, to engage in any activity described in section 68‐31 on Sunday or between the hours of 9:00 p.m. and 8:00 a.m. on any other day. Sec. 68­34. Entering residence without invitation. It shall be unlawful for any person to enter in or upon the premises of any private residence in the city for the purpose of engaging in any activity mentioned in section 68‐31 unless he has been invited or requested so to do by the owner or occupant of the premises. Sec. 68­35. Peddling prohibited within fire limits. It shall be unlawful for any person to sell fruit, meat, produce or any kind of goods, wares or merchandise on the streets, alleys, sidewalks or public places within the fire limits of the city. Sec. 68­36. Article Is exercise of police power; purpose and construction of article. Clifton Code of Ordinances Page 129 This Article Is and shall be deemed an exercise of the police power of the city, for the public safety, comfort, convenience and protection of the city and its citizens; and all of the provisions of this article shall be construed for the accomplishment of that purpose. Secs. 68­37 thru 68­60. Reserved. DIVISION 2. LICENSE Sec. 68­61. Required. It shall be unlawful for any itinerant merchant or itinerant vendor to engage in any activity mentioned in section 68‐31 within the city without first obtaining a license to do so from the city secretary. Sec. 68­62. Application. Any person desiring a license required by this division shall make written application to the city secretary. Such application shall show: (1) The name and address of the applicant; (2) The name and address of the person he represents; (3) The kind of goods offered for sale; (4) Whether the applicant, upon any such sale or order, shall demand, accept or receive payment or deposit of money in advance of final delivery; and (5) The period of time such applicant wishes to sell or solicit in the city. Sec. 68­63. Applicant to furnish photograph. Each applicant for a license under this division shall submit with his application for such license a photograph of himself taken not more than 12 months preceding the date of the application. Sec. 68­64. Bond of applicant. (a) The application for a license under this division shall be accompanied by a bond in the penal sum of $1,000.00, signed by the applicant and signed, as surety, by some surety company authorized to do business in the state, conditioned for the final delivery of goods, February 14, 2012 wares, merchandise, services, photographs, magazines and newspapers in accordance with the terms of any order obtained prior to delivery and also conditioned to indemnify any and all purchasers or customers for any and all defects in material or workmanship that may exist in the article sold by the principal of the bond, at the time of delivery, and that may be discovered by such purchaser or customer within 30 days after delivery. Such bond shall be for the use and benefit of all persons that may make any purchase or give any order to the principal on the bond or to any agent or employee of the principal. (b) In case the applicant for such a license is a person engaging in any activity mentioned in section 68‐31 through one or more agents or employees, such applicant shall be required to enter into only one bond in the sum of $1,000.00 as required in subsection (a) of this section, which bond shall be made to cover the activities of all agents or employees of the applicant. Sec. 68­65. Fee. The license fee for an itinerant merchant or itinerant vendor shall be as established by the council. When any person engages in any activity mentioned in section 68‐31 through one or more agents or employees, such person shall, in addition to such fee, pay a license fee in the same amount for each agent or employee so engaged. The fees provided for in this section shall be used for the purpose of defraying expenses incident to the issuing of such licenses. Sec. 68­66. Term. Any license issued under this division shall be valid for a period of three, six or 12 months from the date of issuance, depending on the amount of fee paid in accord with section 68‐
65. Sec. 68­67. To be carried on person. Any license issued under this division shall be carried on the person of the itinerant merchant Clifton Code of Ordinances Page 130 or itinerant vendor at all times while he is engaged in soliciting or selling. the context clearly indicates a different meaning: Sec. 68­68. Exemptions from division. Dry kitchen refuse means the solid portions of kitchen refuse after the liquid or slop has been drained off. The provisions of this division shall not apply to sales made to dealers by commercial travelers or sales agents in the usual course of business, nor to sales made under authority and by order of law, nor to vendors of farm or dairy products grown or produced by themselves, nor to persons engaged in interstate commerce and registered in accordance with section 68‐31. Sec. 68­69. Conducting background checks; right to deny license. The city reserves the right to conduct background investigations as a prerequisite to issuance of a license under this article, and the city may deny any applicant's request for license as a result of a background investigation. CHAPTERS 69 THRU 71 RESERVED CHAPTER 72 SOLID WASTE State law references: Municipal powers relating to public health, V.T.C.A., Health and Safety Code § 122.005; minimum standards of sanitation and health protection measures, V.T.C.A., Health and Safety Code § 341.001 et seq.; local regulation of sanitation, V.T.C.A., Health and Safety Code § 342.001 et seq.; Solid Waste Disposal Act, V.T.C.A., Health and Safety Code § 361.001 et seq.; Solid Waste Resource Recovery Financing Act, V.T.C.A., Health and Safety Code § 362.001 et seq.; municipal solid waste, V.T.C.A., Health and Safety Code § 363.001 et seq.; litter, V.T.C.A., Health and Safety Code § 365.001 et seq. ARTICLE I. IN GENERAL Sec. 72­1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where February 14, 2012 Kitchen garbage means dry kitchen refuse, meat, vegetable and fruit refuse, small dead animals and dead fowl from any premises. Premises means business houses, boardinghouses, offices, theaters, hotels, restaurants, cafes, eating houses, tourist camps, apartments, sanitariums, rooming houses, schools, private residences, vacant lots and all other places within the city where garbage, trash or rubbish accumulates in ordinary quantities. Rubbish means tin cans, bottles, glass, scraps of iron, tin, wire or any other metals from any premises within the city limits. Trash means papers of all kinds, rags, old clothing, paper containers, old rubber, pieces of wood, boxes, barrels, crates, feathers, weeds, grass and tree limbs from any premises within the city limits. Sec. 72­2. Receptacles. (a) For garbage. It shall be the duty of every person owning, managing, operating, leasing or renting any premises or any place where kitchen garbage accumulates to provide a suitable container based on the solid waste contractor's requirements. The daily accumulation of kitchen garbage and dry kitchen refuse from such premises shall be placed in such container. (b) For trash and rubbish. It shall be the duty of every person owning, managing, operating, leasing or renting any premises to place all trash and rubbish from such premises in a suitable container based on the solid waste contractor's requirements. (c) Placement for collection. Solid waste containers and tree limbs (which shall be cut into lengths not to exceed four feet and bundled and tied), shall be placed inside the Clifton Code of Ordinances Page 131 property line at the edge of the alley or other location convenient for the picking up of such containers and tree limbs. Such containers and tree limbs shall in all cases be placed at convenient locations which are readily accessible to the garbage collector. (d) Maintenance. Containers shall be kept in sanitary condition and closed tightly. The contents of all containers shall be so protected that the wind cannot blow out and scatter them over the streets, alleys and premises of the city. (e) Meddling with, pilfering from, scattering contents. The meddling with containers or in any way pilfering from the containers or scattering the contents of containers in any alley or street within the city limits is strictly prohibited. Sec. 72­3. Must be disposed of in compliance with chapter. The disposal of any kitchen garbage, trash or rubbish in any manner other than that designated in this chapter within the city limits is strictly prohibited. Sec. 72­4. Collection by other than garbage department prohibited. The collection of garbage, trash and rubbish within the city limits is prohibited except by the city and/or its authorized agents. Sec. 72­5. City will not collect if chapter violated. The city and/or its authorized agent will not make collection of kitchen garbage, trash, rubbish or tree limbs where they are not prepared for collection and placed as designated by the terms of this chapter. Such failure to collect shall not affect any prosecution for a violation of this chapter. Sec. 72­6. Littering streets, sidewalks, and other city land. It shall be unlawful for any person to throw, leave or deposit any garbage, trash, rubbish, waste or refuse of any description in any street, sidewalk, alley, city park or other land belonging to the city. February 14, 2012 Secs. 72­7 thru 72­40. Reserved. ARTICLE II. FEES GENERALLY Sec. 72­41. Charge for city collection. There shall be charged, assessed and collected for garbage, trash and rubbish collection by the city such fee as established by the council. Sec. 72­42. Conversion of single­family dwellings for business use. Where single‐family dwellings have been converted to a rooming house or small in‐home business, after proper and due notice they shall be charged according to the rates established by the council. Sec. 72­43. Method of charging and billing. All solid waste collection and disposal charges and fees shall be billed to customers on their water bill. The fees and charges for solid waste collections shall be shown separately and distinctly from the water bill and/or other bill incorporated into the water bill. There will be no proration of service charges for a portion of a billing period. The charges and fees established and authorized in this article shall be billed to the party in whose name the water service connection is taken where the premises are served with water and/or sewer and shall be billed to the party in control of the premises at other locations; and if this fact cannot be ascertained, the bill shall be directed to the record owner of such premises. The party who is so billed and to whom the services are made available shall be indebted to the city for the services and shall be obligated to make payment for such services. The bill will become delinquent ten days after it is rendered. Sec. 72­44. Collection of delinquent fees. In addition to all other legal remedies available for the collection of a debt, the following actions and remedies are authorized for delinquent payment of the charges authorized in this article: Clifton Code of Ordinances Page 132 (1) The sanitation service may refuse to pick up and dispose of the garbage at the delinquent location. (2) The water and/or sewer service, if any, serving the delinquent premises in question may be shut off and terminated. (3) All present water utilities guaranty deposits, upon termination of sanitary service, may be applied to any amount due either for sanitation service charges or fees of water utility bills. CHAPTERS 73 THRU 75 RESERVED CHAPTER 76 STREETS, SIDEWALKS AND OTHER PUBLIC PLACES State law references: Municipal streets, V.T.C.A., Transportation Code ch. 311 et seq.; municipal charges for use of streets, etc., V.T.C.A., Tax Code § 182.024 et seq.; street improvements and assessments, V.T.C.A., Transportation Code ch. 313. Sec. 76­1. Obstructions. The obstruction of any street, avenue, alley or sidewalk by vehicles, boxes, merchandise, rubbish or anything that interferes with traffic on or the free use of such places by the public is declared to be unlawful. It shall likewise be unlawful for any person to place or maintain any obstruction of any kind in the gutter or drain of any street, avenue or sidewalk. Sec. 76­2. Changing grades of street, alley or gutter. No person shall change the grades, in any manner, of any street, alley or gutter in the city without the consent of the city council. Sec. 76­3. Permit for street banners or streamers. It shall be unlawful for any person to place or install any banner, streamer or similar device February 14, 2012 across any street or alley in the city without first obtaining a permit from the city council. Sec. 76­4. Minimum clearance for projecting signs, awnings, marquees, similar devices. Any sign, awning, marquee or other device which projects over any sidewalk in the city shall be so located as to leave a clearance of at least seven feet between the lowest portion of such device and the sidewalk. If such sign, awning or other device projects over any portion of a public street, such minimum clearance shall be 16 feet. Sec. 76­5. Regulations for access driveways to state highways. The regulations entitled "Regulations for Access Driveways to State Highways," adopted by the state department of transportation in September, 1953, and revised November, 1955, as amended, a copy of which is on file in the office of the city secretary, are approved and made a part of this Code to the same extent as if set out at length in this section; and such regulations shall govern the design, construction and maintenance of access driveways on city streets or highway routes within the corporate limits of the city. Sec. 76­6. Destruction of pavement prohibited. It shall be unlawful for any person to dig, trench across or destroy any pavement within the city. State law references: Trench excavation safety, V.T.C.A., Health and Safety Code § 756.021 et seq. Sec. 76­7. New sidewalks Sidewalks are the responsibility of the builder for one year. After the first year, maintenance of sidewalks is the responsibility of the property owner. Sec. 76­8. Existing sidewalks on Ave G and 5th St. Sidewalks on private property are the responsibility of the property owner. If repairs Clifton Code of Ordinances Page 133 are not made, the city may repair and assess the property owner for the expense. Administrator shall also serve as Building Official City shall mean the City of Clifton, Texas. CHAPTER 77 SUBDIVISIONS ARTICLE I. IN GENERAL Sec. 77­1. Definitions. The words and phrases hereinafter listed, as used in this chapter, shall have the meanings hereinafter given with respect to each: Administrative Assistant to the Planning and Zoning Commission shall mean the officer as appointed by the City Council to administer these regulations and to assist administratively other boards and commissions. If no such officer shall be appointed, the City Administrator shall also serve as Administrative Assistant. Applicant shall mean the owner of land proposed to be subdivided or his representative. Consent shall be required from the legal owner of the premises. Block shall mean a tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights‐of‐
way, or shorelines of waterways. Bond shall mean any form of security including a cash deposit, surety bond, collateral, property or instrument of credit in an amount and form satisfactory to the City Council. All bonds shall be approved by the City Council wherever a bond is required by these regulations. Building shall mean any structure built for the support, shelter, or enclosure of persons, animals, chattels, or movable property of any kind and includes any structures. Building Official shall mean the person designated by the City Administrator to enforce the building codes. If no such officer shall be appointed, the City February 14, 2012 Commission or Planning Commission shall mean the Planning and Zoning Commission of the City of Clifton. Construction plan shall mean the maps or drawings accompanying a subdivision plat and showing the specific location and design of improvements to be installed in the subdivision in accordance with the requirements of the Commission as a condition of the approval of the plat. Council shall mean the City Council of the City of Clifton. Double front lot shall mean a lot other than a corner lot with frontage on two streets. Easement shall mean authorization by a property owner for the use by another and for a specified purpose of any designated part of his property. Final plat shall mean the map or plan or record of a subdivision and any accompanying material, as described in these regulations. Frontage shall mean that side of a lot abutting on a street or way and ordinarily regarded as the front of the lot, considered to be the width of the lot, but it shall not be considered as the ordinary side of a corner lot. General plan and comprehensive plan shall mean the officially adopted plan for the physical development of the City of Clifton, including any unit or part of such plan or parts thereof. Health Department and Health Officer shall mean the county agency or person administering the health regulations regulating septic systems within the corporate limits and the county. Improvements shall mean building structures or additions thereto, grading, street Clifton Code of Ordinances Page 134 surfacing, sidewalks, crosswalks, culverts, bridges, water and sanitary and storm sewer lines, other utilities, and other required features. Individual sewage disposal system shall mean a septic tank, seepage tile sewage disposal system, or any other approved sewage treatment device. Lot shall mean an undivided tract or parcel of land which is, or in the future may be, offered for sale, conveyance, transfer, or improvement, which is designated as a distinct and separate tract or parcel, and which is or will be identified by a number or symbol on a plat which has or may be filed for record. Lot, corner shall mean a lot situated at the intersection of two streets, the interior angle of such intersection not exceeding one hundred fifty‐five degrees. Lot, split shall mean any division of land into two or more parcels for the purpose whether immediate or future of transfer of ownership and which does constitute subdivision as herein defined as a minor subdivision. Major development shall mean any development which is neither minor nor staged as those terms are herein defined. Minor development shall mean the creation of a plat a) involving four or fewer lots b) each of which fronts on an existing public road or street, and c) encompassing all of applicant's contiguous property, and d) not requiring variance of the regulations of the City governing the development, and e) not requiring the creation or extension of any street, road, utility or other municipal facilities. See Section 212.0065, Texas Local Government Code. February 14, 2012 Open space shall mean land which may be dedicated for general use by the public including parks, recreation areas, bicycle paths, walking paths, community or public building sites, and other lands. Plat shall mean a map of a lot, tract or parcel of land or a map of a subdivision of lands into lots, streets, alleys, easements or other parts of land or dedications of parts of land to public uses. A subdivider shall cause to be prepared a plat by a registered surveyor or registered engineer in accordance with this chapter. Preliminary plat shall mean the initial drawing or drawings, described in these regulations, indicating the proposed manner or layout of the subdivision to be submitted to the Planning and Zoning Commission. Public Works Director shall also mean Director of Public Works and is defined in the City Policy Manual. Registered engineer shall mean an engineer properly licensed and registered in the State of Texas. Registered land surveyor shall mean a land surveyor properly licensed and registered in the State of Texas. Replat ‐whether the application is for a major development, staged development, or minor development, provisions for replats in of Sec 77‐62 shall apply if the application shall mean a change in a map of an approved or recorded subdivision plat if such change affects a) any street layout on such map, or b) areas reserved thereon for public use, or c) any lot line by relocation, addition or deletion; or d) if it affects any map or plat legally recorded prior to the adoption of any regulations controlling subdivisions. Right‐of‐way shall mean a strip of land dedicated and occupied or intended to be occupied by a street, crosswalk, railroad, Clifton Code of Ordinances Page 135 road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main or for other special use. Screening shall mean a strip of ground densely planted with shrubs or trees at least four feet high at the time of planting; or an opaque wall or barrier at least six feet high. Setback shall mean the distance between a building and the street line nearest thereto. Shall, may. The word "shall" is always mandatory. The word "may" is merely directory. Staged development shall mean a development which does not qualify as a minor development and where a developer, owning one or more tracts of contiguous property, who intends to develop the property in stages or units and/or to presently develop only a part of it under a final plat covering only that portion of his property to be immediately developed, leaving the balance of it for later development under one or more other final plats. An applicant who owns a tract of land and is only securing a final plat on a portion of it is engaged in staged development. Streets shall mean a way for vehicular traffic whether designated as a street, highway, thoroughfare, parkway, road, avenue, boulevard, lane, place or however otherwise designated. Streets, alleys are minor ways which are used primarily for vehicular service access to the back or side of properties otherwise abutting on a street. Streets, collector are those which carry traffic from minor streets to the major system of arterial streets and highways, including the principal entrance street of a residential development and streets for circulation within such a development. February 14, 2012 Streets, cul‐de‐sac shall mean a minor street with only one outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement. Streets, major thoroughfares or arterial streets are principal traffic arteries more or less continuous across the City, which are intended to connect remote parts of the City and which are used primarily for fast or heavy volume traffic and shall include, but not be limited to, each street designated as a major street on the thoroughfare plan. Streets, minor are those which are used primarily for access to the abutting residential properties and which are intended to serve traffic within a limited residential district. Subdivider and developer are synonymous and used interchangeably, and shall include any person, partnership, firm, association, or corporation who or which owns the property and any officer, agent, employee, servant, and trustee thereof who does or participates in the doing of any act toward the subdivision of land within the intent, scope and purview of this chapter. The singular shall include the plural and the plural shall include the singular. Subdivision is the division of any lot, tract, or parcel of land into two or more parts, lots or sites, for the purpose, whether immediate or future, of sale or division of ownership. This definition also includes the resubdivision of land or lots, which are a part of a previously recorded subdivision. The definition shall also include the division of a lot or tract of land into two or more parts for the purpose of laying out lots, streets, utility easements, parks or public use or any addition to any lot or tract of land within the city limits of Clifton or within the City's extraterritorial jurisdiction. Thoroughfare plan shall mean the official plan of highways, primary and secondary thoroughfares, parkways, and other major steets, including collector streets, adopted Clifton Code of Ordinances Page 136 by the Planning and Zoning Commission and City Council. V.T.C.A or VTCA shall mean Vernon’s Texas Codes Annotated. Sec. 77­2. Purpose. These regulations are adopted for the following purposes: (1) To protect and provide for the public health, safety and general welfare of the citizens; (2) To guide the future growth and development of the City in accordance with the general plan for the City; (3) To provide for adequate light, air and privacy to secure safety from fire, flood and other danger and to prevent overcrowding of the land and undue concentration of population; (4) To guide public and private policy and action in order to provide adequate and efficient transportation, water, sewerage and other utilities, parks and other public requirements and facilities; (5) To establish reasonable standards of design and procedures for subdivisions and re‐subdivisions in order to further the orderly layout and use of land and to ensure proper legal descriptions and monumenting of subdivided land; (6) To ensure that public facilities are available and will have a sufficient capacity to serve the proposed subdivision; (7) To prevent the pollution of air and water, to assure the adequacy of drainage facilities, to safeguard the water table; and to encourage the wise use and management of natural resources throughout the City in order to preserve the integrity, stability, and beauty of the community. Sec. 77­3. Jurisdiction. (a) These subdivision regulations shall apply to all subdivisions of land located within the February 14, 2012 corporate limits of the City and within the extraterritorial jurisdiction of the City. (b) These subdivision regulations are passed and implemented under the authority of V.T.C.A., Local Government Code, Ch. 212. Secs. 77­4­77­20. Reserved. ARTICLE II. PLAT REQUIRED Sec. 77­21. General rule. The owner of a tract of land, located within the city limits or extraterritorial jurisdiction of the City, who proposes a subdivision of his tract, or who divides the tract into two or more parts to lay out a building or other lots, or to lay out streets, alleys, parks, or other parts of the tract intended to be dedicated to public use or for the use of purchasers or owners of lots fronting on or adjacent to the streets, alleys, parks, or other parts, must have a plat of the subdivision prepared and must adhere to and comply with the terms, provisions, and conditions of this chapter. A division of a tract under this subsection includes a division regardless of the method used to describe the property, whether it is by a metes and bounds or other description, and regardless of the method or type of document utilized to effect the division, whether by a deed of conveyance, contract for deed, contract of sale or other executory contract to convey. A division of land into parts greater than five acres does not require a plat where each part has public road access and no public improvement is being dedicated, V.T.C.A., Local Government Code, § 212.004. Sec. 77­22. Building permit. No moving, building or other construction related permit shall be issued for work on any property which has not been platted as defined at section 77‐1, with the following exceptions: (1) For maintenance, improvement, repairs and/or remodeling of an existing house or Clifton Code of Ordinances Page 137 other building, so long as such work does not cause or result in an increase in the size of the house or other building. (2) For repairs, maintenance, improvement and replacement of roofs and siding. (3) To move in or to build a fully enclosed storage building with no more than three hundred square feet of enclosed floor space area to be used in conjunction with and accessory to an existing house or other building situated on the same property. (4) To build a fully enclosed addition to an existing house or other building, which addition constitutes not more than twenty‐
five percent of the existing floor space living area of the house or existing floor space area of the other building or five hundred square feet, whichever is larger. (5) To build an addition to an existing garage or carport used in conjunction with and accessory to an existing house situated on the same property, so long as the garage or carport as finished is not more than one thousand square feet. (6) To build an attached or unattached garage or carport consisting of not more than one thousand square feet floor space area to be used in conjunction with and accessory to an existing house on the same property. (7) To do electrical, plumbing or mechanical work on an existing house or building. (8) To build a fence. Secs. 77­23 thru 77­25. Reserved. ARTICLE III. PLAT CONTENTS AND APPROVAL PROCEDURE DIVISION 1. PLAT PROCESS GENERALLY Sec. 77­26. General. There are three types of development classification: staged development, major February 14, 2012 development, and minor development, each of which is defined above at section 77‐1. The classification assigned to a development determines the procedures and steps which must be taken by a developer to secure final plat approval for his development. Regardless of the classification, public hearing and other procedural requirements may also apply if the development involves replatting. The three types of development are briefly described in this section and are more specifically addressed under division 3, commencing at section 77‐56 of this article. (1) General. The platting process is explained commencing at section 77‐56. Any developments with replat conditions must follow additional requirements described in Sec 77‐62. (2) Staged development. A developer of a staged development as defined above at section 77‐1 shall file and secure approval of a preliminary plat and a final plat or plats. He has the option of filing for the approval of both the preliminary and final plats at the same time. He is required to secure approval of the preliminary and final plats by the Commission and the Council. (3) Major development. A developer of a major development as defined above at section 77‐1 need only file and secure approval of a final plat, except where public improvements are to be constructed, in which event, preliminary plat approval is also required. He has the option of filing for approval of both the preliminary, if any, and final plats at the same time. He is required to secure approval of the preliminary plat, if any, and the final plat by the Commission and the Council. (4) Minor development. A developer of a minor development, as defined above at section 77‐1, need only file and secure approval of a final plat, by the Building Official. He is allowed but not required, Clifton Code of Ordinances Page 138 except under certain circumstances, to proceed as a major development. Secs. 77­27 thru 77­36. Reserved. DIVISION 2. PLAT CONTENTS Sec. 77­37. Preliminary plat contents. The preliminary plat must contain and be accompanied by the following information and documents and meet the following requirements before it can be considered filed for approval. (1) The preliminary plat application shall: a. State the name, business addresses and telephone numbers of the owners, engineer and surveyor. b. Describe the legal ownership interest of all owners in the tract. c. Cover all of the applicant's contiguous property. d. State the type of development. e. Be accompanied by a written memorandum from the Public Works Director stating that the City has received a copy of the preliminary plat, concurs in the preliminary illustration of water and sewer utilities and either objects to or approves of the proposed plat. f. State the source for water service. g. State the source for sewer service. h. Provide a full legal description of the property covered by the preliminary plat, including all of applicant's contiguous property. i. Be accompanied by a copy of all private covenants and restrictions applicable to the land. (2) The preliminary plat map shall include the following: a. All the applicants contiguous property, even though it is intended by the applicant to file multiple final plats and install February 14, 2012 improvements for parts of the property by section or unit depicted in separate final plats. b. The proposed plan of subdivision, showing proposed streets, blocks, lots, alleys, easements, building lines, required yard adjacent to streets, parks, etc., with principle dimensions. c. The location, width and name of existing streets and any blocks, lots, alleys, easements, building lines, and water courses or other natural features in the area affected, with principal dimensions, and any other significant information on all sides for a distance of two hundred (200) feet. d. The names of proposed streets. Such names shall conform to the names of existing streets of which they may be or become extensions but otherwise shall not duplicate or conflict with the recognized name of any other street located in the City or its extra territorial jurisdiction. e. The location of existing sewers, water and gas mains, and other public utilities, if any. f. The proposed general plan for sewer, water, gas, and other public utilities in sufficient detail to indicate size and location of lines and structures. g. Proposed general plan for storm water drainage sufficiently detailed to indicate the location of drainage ditches or structures and the direction of flow. h. Zoning district classification of the area being platted. i. The name of the proposed subdivision, north arrow, scale, and date. j. The name of the owners and the engineer and/or surveyor. k. Typical cross section of proposed street improvements. Clifton Code of Ordinances Page 139 m. The seal of the surveyor or engineer responsible for the preparation of the preliminary plat map. Sec. 77­38. Final plat contents. The final plat must contain and be accompanied by the following information and documents, and meet the following requirements before it can be considered filed for approval: (1) The final plat application shall include the following: a. The same information as is required under section 77‐37, subsection (1), with respect to preliminary plats. b. A statement signed by the registered engineer or land surveyor preparing the plat map, stating that he has to the best of his ability designed the subdivision in accordance with the City ordinances and regulations governing the development, platting and subdivision of land, except where a variance is requested, the reasons for which shall be clearly stated. c. A statement signed by the owners that all information contained in or submitted as part of the platting process is true and correct, and that all public improvements required as part of the development will be constructed in accordance with the final plat and in accordance with all ordinances, rules and regulations of the City governing the development, platting and subdivision of land. d. A vicinity sketch or key map showing and containing the same information as is required under section 77‐37, subsection (2). (2) The final plat map shall include the following: a. The title or name by which the subdivision is to be identified, north arrow, the scale of the map, and the seal and name of the state registered February 14, 2012 professional land surveyor responsible for preparation of the map. b. A definite legal description and identification of the tract being subdivided. This description shall be sufficient for the requirements of title examination. c. The boundaries of the subdivided property, the location or designation of all streets, alleys, parks, and other areas intended to be dedicated or deeded to public use with proper dimensions. The boundaries of the subdivision shall be indicated by a heavy line and shall be tied by dimension to the established centerline of all existing boundary streets. d. The location of all adjacent streets and alleys, with their names, and the names of adjoining subdivisions with exact location and designation by number of adjoining lots and blocks. e. All lot, block, and street boundary lines, with blocks and lots numbered or lettered consecutively. The area of each lot in square feet or acreage, building lines, required yards adjacent to streets, and easements shall be shown and shall be defined by dimension. Actual widths of all street right‐of‐way shall be shown, measured at right angles or radially, where curved. All principal lines shall have the bearing, and any deviations from the norm shall be indicated. f. Accurate dimensions, both linear and angular, of all items on the plat. The boundary survey on the site shall close within one in ten thousand (1:10,000). Linear dimensions shall be expressed in feet and decimals of a foot. Angular dimensions may be shown by bearings. Curved boundaries shall be fully described and all essential information given. Circular curves shall be defined by actual length of radius and not by degree of curve. Complete dimensional data shall be given on fractional lots. Clifton Code of Ordinances Page 140 accordance with the determination of surveys actually made on the ground. If the surveyor or engineer who prepared the plat did not make the boundary survey, this fact should be noted in the certificate. Also, the certificate should show whether or not the tract is within the city limits or extraterritorial jurisdiction of Clifton, unless the information is shown in suitable manner elsewhere on the face of the plat. g. The location and description of all lot and block corners and permanent survey reference monuments. The plat shall reflect whether such corners or monuments have been found or set by the surveyor. All new corners and monuments shall be of three‐quarter inch iron pipe or five‐eighths inch iron rod and shall meet the following standards: 1. Lot corners of usual and customary length with the top set flush with ground. j. The final plat map shall be signed by all owners of the platted tract and their signatures shall be acknowledged in the manner required for deed recordation, V.T.C.A., Local Government Code, § 212.004(c). 2. Block corners of usual and customary length with the top set flush with ground and shall include the beginning and end of all curves within each block. 3. Reference points of usual and customary length, placed one foot below the surface of the finished ground elevation at suitable locations throughout the subdivision. There shall be at least as many reference points as there are blocks in the subdivision, but not less than two, and the distance between successive monuments along any street or reference line shall not be greater than one thousand feet. Reference points shall be other than and in addition to markers set for block or lot corners. h. Public improvement dedication certificate substantially as follows: "The undersigned, being all of the owners of the property covered by this plat map, hereby dedicate to and for the public and the City, in perpetuity, the public areas, shown on this plat map, including all easements, rights‐of‐way, streets, alleys, squares, parks, and other public parts of the tract." This certificate shall be signed and acknowledged by all owners of any interest in the land. The form of acknowledgement shall be as required for the acknowledgement of deeds. Written, signed approval and acceptance of such dedication by all lien holders shall be included. i. A certificate by the responsible surveyor or engineer in charge, duly authenticated, that the plat is true and correct and in February 14, 2012 k. The final plat map shall be signed by all lien holders in approval and their signatures shall be acknowledged in the manner required for deed recordation. l. In addition to other required certificates, the following signed certificates shall be on the plat map preceding the certificate of the county clerk: 1. STATE OF TEXAS COUNTY OF BOSQUE This final plat of the herein described property was approved on behalf of the City of Clifton, Texas, by the Planning and Zoning Commission on the ________ day of _________, 20________. __________ Chairman of Planning and Zoning Commission __________ City Secretary 2. STATE OF TEXAS COUNTY OF BOSQUE This final plat of the herein described property was approved on behalf of the City of Clifton by Clifton Code of Ordinances Page 141 development, platting and subdivision of land. the City Council on the ________ day of _________, 20________. __________ d. State the source for water service,. Mayor e. State the source for sewer service,. __________ f. Provide a full legal description of the property covered by the minor plat. City Secretary g. Be accompanied by a written certificate from the Public Works Director stating that the City has received a copy of the minor plat, concurs that water and sewer is available to the lots without construction of public improvements and either objects to or approves of the proposed plat. 3. If a subdivision is located in an area not served by a sanitary sewer system and septic tanks are to be used, the following form shall be included on the plat: STATE OF TEXAS COUNTY OF BOSQUE Approved by the Bosque County Health Department on the ________ day of _________, 20________. Any private water supply and/or sewage system shall be approved by the Bosque County Health Department prior to installation. __________ Public Health Engineer Sec. 77­39. Minor plat contents. The minor plat application must contain and be accompanied by the following information and documents and meet the following requirements before it can be considered filed for approval. (1) The minor plat application shall: a. State the name, business addresses and telephone numbers of the owners, engineer and/or surveyor. b. Describe the legal ownership interest of all owners in the tract. c. Contain a statement signed by the registered engineer or land surveyor preparing the plat stating that he has to the best of his ability designed the subdivision in accordance with the ordinances and regulations governing the February 14, 2012 (2) The minor plat map shall include the following: a. The title or name by which the subdivision is to be identified, north arrow, the scale of the map, and the seal and name of the state registered professional land surveyor or engineer responsible for preparation of the map. b. A definite legal description and identification of the tract being subdivided. This description shall be sufficient for the requirements of title examination. c. The boundaries of the subdivided property. The boundaries of the subdivision shall be indicated by a heavy line and shall be tied by dimension to the established centerline of all existing boundary streets. d. The location of all adjacent streets and alleys, with their names, and the names of adjoining subdivisions with exact location and designation by number of adjoining lots and blocks. e. All lot and block lines, with blocks and lots, numbered or lettered consecutively. The area of each lot in square feet or acreage, building lines, required yards Clifton Code of Ordinances Page 142 adjacent to streets, and easements shall be shown and shall be defined by dimension. All principal lines shall have the bearing, and any deviations from the norm shall be indicated. f. Accurate dimensions, both linear and angular, of all items on the plat. Linear dimensions shall be scaled as per current practice and expressed in feet and decimals of a foot. Angular dimensions may be shown by bearings. Curved boundaries shall be fully described and all essential information given. Circular curves shall be defined by actual length of radius and not by degree of curve. Complete dimensional data shall be given on fractional lots. g. The location and description of all lot and block corners and permanent survey reference monuments. The plat shall reflect whether such corners or monuments have been found or set by the surveyor. All new corners and monuments shall be of three‐quarter inch iron pipe or five‐eighths inch iron rod and shall meet the following standards: 1. Lot corners of usual and customary length with the top set flush with ground. 2. Block corners of usual and customary length with the top set flush with ground and shall include the beginning and end of all curves within each block. 3. Reference points of usual and customary length, placed one foot below the surface of the finished ground elevation at suitable locations throughout the subdivision. There shall be at least as many reference points as there are blocks in the subdivision, but not less than two , and the distance between successive monuments along any street or reference line shall not be greater than one thousand feet. Reference points shall be other than and in addition to markers set for block or lot corners. h. A certificate by the responsible surveyor or engineer in charge, duly authenticated, February 14, 2012 that the plat is true and correct and in accordance with the determination of surveys actually made on the ground. If the surveyor or engineer who prepared the plat did not make the boundary survey, this fact should be noted in the certificate. Also, the certificate should show whether or not the tract is within the city limits or extraterritorial jurisdiction of Clifton, unless the information is shown in suitable manner elsewhere on the face of the plat. i. The minor plat map shall be signed by all owners of the platted tract and their signatures shall be acknowledged in the manner required for deed recordation, V.T.C.A, Local Government Code, § 212.004. j. In addition to other required certificates, the following forms shall be entered on the plat following the certificates of owner, engineer, etc., and preceding the certificate of the county clerk: STATE OF TEXAS COUNTY OF BOSQUE This final plat of the herein described property was approved on behalf of the City of Clifton, Texas, by the City Building Official on the ________ day of _________ 20________. __________ City Building Official Secs. 77‐40 thru 77‐55. Reserved. DIVISION 3. PLAT REVIEW PROCESS Sec. 77­56. General. (a) Whenever reference is made to a preliminary plat or to a final plat it means the plat document itself plus all information and other documents required to be contained in or to accompany the plat as part of the platting process, unless the context requires otherwise. One exception Clifton Code of Ordinances Page 143 is when reference is made to the filing of the final plat with the Bosque County Clerk, because the only document so filed is the final plat map itself. (b) The Planning and Zoning Commission and the City Council, in accordance with V.T.C.A., Local Government Code, § 212.010, shall approve a plat if: (1) It conforms to the general plan of the City and its current and future streets, alleys, parks, playgrounds and public utility facilities; (2) It conforms to the general plan for the extension of the City and its roads, streets and public highways within the City and in its extraterritorial jurisdiction, taking into account, access to and extension of sewer and water mains and the instrumentalities of public utilities; and (3) It conforms to all rules adopted in accordance with V.T.C.A., Local Government Code, § 212.002 for and governing the platting and subdivision of land within the City's jurisdiction, as set forth in this chapter of the Clifton Code. Sec. 77­57. Preliminary plat review process. The designation of the plat as "preliminary" is not intended as an indication that the preliminary plat is of less importance than the final plat. The preliminary plat serves as the foundation of the final plat or plats. The final plat must conform to the preliminary plat it follows and generally may vary there from only in that it will provide more detail and specificity and may be changed to conform with approved conditions (The term "approved conditions" is hereinafter explained). Nevertheless, approval of a preliminary plat does not constitute approval of the final plat or bind the Commission or the Council to approve a final plat. For example, a change of circumstances between the date when the preliminary plat was approved and the date February 14, 2012 when a final plat is to be approved, the discovery, before approval of a final plat, of facts not known at the time the preliminary plat was approved, or the discovery of a mistake of law or fact may all result in the disapproval of a final plat even though it conforms with a previously approved preliminary plat. The Commission and the Council act independently of each other in the plat review process, and the approval of both the preliminary plat and each final plat by each body is required, V.T.C.A., Local Government Code, § 212.006. They, or it, as appropriate, may approve, approve conditionally, or disapprove a plat. In the case of conditional approval, if a developer does not accept the conditions, the plat shall be disapproved, and in the absence of express disapproval is deemed disapproved. If a plat is approved with conditions accepted by the developer, the conditions shall be and constitute part of the plat, and the plat shall be altered, changed, modified and/or accompanied by such information and other documents as required by the approved conditions. If the Commission approves a plat with certain conditions, the Council may not approve the plat without those conditions and may not impose other conditions in addition to the Commission's approved conditions. The Council is limited to either approving or disapproving that which has been approved by the Commission. (1) A preliminary plat must be filed, except in cases where the minor plat review process applies. The preliminary plat must first be filed with the Commission. Filing is accomplished by delivering the completed application, the requested number of copies of the plat to the Building Official, and paying a filing fee established by resolution of the Council. This filing fee is in addition to the filing fee applicable to the final plat application. (2) The Commission shall, within thirty days after filing, either approve or disapprove Clifton Code of Ordinances Page 144 the preliminary plat. The preliminary plat is deemed approved by the Commission, unless it is disapproved within the thirty‐
day period or such longer time as may be agreed upon by the developer and the Commission, V.T.C.A., Local Government Code, § 212.009(a). (3) If the preliminary plat is approved by the Commission, whether approval be actual or deemed, then within thirty days after the preliminary plat is approved by the Commission or is deemed approved by the inaction of the Commission, the Council shall either approve or disapprove the preliminary plat. The preliminary plat is deemed approved by the Council, unless it is disapproved within the thirty‐day period or such longer time as may be agreed upon by the developer and the Council, V.T.C.A., Local Government Code, § 212.009(b). (4) As part of the preliminary plat approval process in cases of staged development, the Commission and the Council shall establish a schedule for development of the contiguous property and filing of the final plat or plats applicable thereto. Failure to file a final plat on schedule shall result in automatic termination of the preliminary plat, provided that the Commission and Council may extend the time for filing a final plat. (5) The preliminary plat may be filed with and approved at the same time as the final plat in which event the preliminary plat and final plat approval processes will run concurrently, rather than consecutively. Sec. 77­58. Final plat review process. The Commission and the Council act independently of each other in the plat review process, and the approval of the final plat by each body is required. They, or it, as appropriate, may approve, approve conditionally, or disapprove a plat. In the case of conditional approval, if the developer does not accept the conditions, the plat shall be disapproved, and in the February 14, 2012 absence of express disapproval is deemed disapproved. If a plat is approved with conditions accepted by the developer, the conditions thence forth shall be and constitute part of the plat, and the plat shall be altered, changed, modified and/or accompanied by such information and other documents as required by the approved conditions. (1) A final plat shall be filed with the Commission within twelve months after the preliminary plat has been approved by the Council. In the case of staged development, final plats applicable to the balance of the property covered by the preliminary plat shall be filed with the Commission in accordance with the schedule approved by the Commission and the Council in approval of the preliminary plat. The Commission and Council may extend the filing deadlines. If not so filed, the plat and application of the developer shall be deemed abandoned and preliminary plat approvals previously given nullified, except that final plats already approved shall not be affected by the nullification. (2) Filing is accomplished by delivering the completed application, the original and requested copies of the final plat to the Building Official, and paying a filing fee established by resolution of the Council. This filing fee is in addition to any filing fee applicable to the preliminary plat application. (3) The Commission shall, within thirty days after filing, either approve or disapprove the final plat. The final plat is deemed approved by the Commission, unless it is disapproved within the thirty‐day period or within such longer time as may be agreed upon by the developer and the Commission, V.T.C.A., Local Government Code, § 212.009(a). (4) If the final plat is approved by the Commission, whether the approval will be actual or deemed, then within thirty days Clifton Code of Ordinances Page 145 after the final plat is approved by the Commission or is deemed approved by the inaction of the Commission, the Council shall either approve or disapprove the final plat. The final plat is deemed approved by the Council, unless it is disapproved within the thirty‐day period or such longer time as may be agreed upon by the developer and the Council, V.T.C.A., Local Government Code, § 212.009(b). Sec. 77­59. Minor plat review process. Minor plat review is only applicable to minor development as defined at section 77‐1 above, V.T.C.A., Local Government Code, § 212.0065. (1) Appointment of designated employee. The Council shall appoint, by resolution, a City employee to serve as the designated employee for the purposes of administering this section. In the absence of such appointment or in the event the designated employee fails or ceases to serve or continue to serve as such, the Building Official shall serve as the designated employee. (2) Minor plat review process. The final plat shall be filed with the designated employee. No preliminary plat is required. Filing is accomplished by delivering the original and requested copies of the final plat to the designated employee. The designated employee shall, within thirty (30) days after filing, either approve the final plat or refer it to the Commission. If he fails to either approve it or refer it within the period of time, it shall be deemed referred to and filed with the Commission effective on the thirty‐first day after it was originally filed with the designated employee. If it is referred to the Commission, whether referral be actual or deemed, the plat shall be from that point treated as any other plat to which this article did not apply, and shall be deemed to have been filed with the Commission on the date of referral, whether accrual or deemed. . February 14, 2012 (3) Endorsement by City and recording. If approved by the designated employee, the plat shall be and constitute a final plat for all intents and purposes, and notwithstanding anything herein in this chapter to the contrary, shall, on being fully and properly endorsed by the designated employee, , be recorded in the real property records of Bosque County, Texas, as the final, approved plat of the subdivision. Sec. 77­60. Variances. The Commission and Council may authorize a variance from these regulations when, in their opinion, undue hardship will result from requiring strict compliance. The approval of the variance by both the Commission and the Council is required. Pecuniary hardship to the developer, standing alone, does not constitute undue hardship. (1) The Commission and the Council must make certain findings before they can grant a variance. In making these findings, they shall take into account the nature of the proposed use of the land involved, existing uses of land in the vicinity, the number of persons who will reside or work in the proposed subdivision, and the probable effect of such variance upon traffic conditions and upon the public health, safety, convenience and welfare in the vicinity. No variance shall be granted unless they find that: a. There are special circumstances or conditions affecting the land involved such that the strict application of the provisions of this chapter would deprive the developer of the reasonable use of his land; b. The variance is necessary for the preservation and enjoyment of a substantial property right of the developer; Clifton Code of Ordinances Page 146 c. The granting of the variance will not be detrimental to the public health, safety or welfare, or injurious to other property in the area; and d. The granting of the variance will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of this chapter. (2) Such findings, together with the specific facts upon which such findings are based, shall be incorporated into the official minutes of the Commission and Council meetings at which such variance is granted. (3) Variances may be granted only when in harmony with the general purpose and intent of this chapter so that the public health. safety and welfare are secured and substantial justice done. (4) In granting variances, the Commission and Council shall require such conditions as will, in their judgment, secure substantially the objectives of the standards or requirements so varied, and the variance granted shall be the minimum necessary to correct the situation. Sec. 77­61. Appeals. A developer may appeal to the Council a Commission plat disapproval decision based on a claim of error in Commission interpretation or application of any rule, standard, regulation, or requirement set forth in this chapter, subject to the following: (1) The appellant must first request a rehearing before the Commission. The request must be in writing, signed by the appellant, and filed with the Building Official no more than five days after the Commission’s decision is appealed and must specify in detail each error claimed. (2) The Commission shall, at its next regular meeting, immediately following the fifth day after the appellant files a request for February 14, 2012 rehearing, either deny or grant the request for rehearing. If it is not granted at that meeting, the request shall be deemed denied at that meeting. (3) If it is granted, the hearing shall be held at that meeting, unless it is a replat that is at issue. In such instance, the hearing shall be held on or before the thirtieth day after the date the request for rehearing is granted. (4) The decision of the Commission shall be made at the conclusion of the rehearing. If the Commission makes no decision at the rehearing, the request shall be deemed denied. (5) If the rehearing is denied or if the Commission upon rehearing again disapproves the application, within five days after denial, the appellant must file a notice of appeal with the Building Official. (6) The notice must be in writing, signed by the appellant and must specify in detail the errors claimed. (7) The Building Official shall prepare and the Chairman of the Commission shall sign a written notice of all reasons for the Commission's decision to disapprove. This notice must be completed no more than ten days after appellant's notice of appeal is filed, unless this notice is waived by the Council. (8) The appellant and Commission may amend their notices at any time until three days prior to the commencement of the Council hearing. (9) The Council shall hold a hearing on the appeal at its first regular meeting following the thirtieth day after the appellant's notice of appeal is filed. (10) At the hearing, the Council shall determine only the matters described in the notices and responses thereto filed by the appellant and the Commission, and other Clifton Code of Ordinances Page 147 matters deemed by it to be, in its discretion, appropriate. (11) The Council shall make its decision at the conclusion of the hearing. (12) The Council may reverse a Commission plat disapproval only if: a. The Commission was in error in its interpretation or application of any rule, standard, regulation, or requirement set forth in this chapter; and b. The plat would not have been disapproved but for such error. (13) If the Council reverses the decision of the Commission, the plat shall be deemed approved in accordance with the Council’s decision and by the Commission as of the date of the Council’s reversal of the Commission decision. (14) The time periods within which the Commission and the Council must act on a plat are suspended throughout the pendency of any appeal. Sec. 77­62. Replatting. The provisions of Texas Local Government Code, Sections 214.014 and 214.015 are incorporated in the sections below. These requirements apply to the final plat approval process on major and staged developments; they do not apply to the preliminary approval process. If a minor development meets conditions described in the definition of Replat in Section 77‐1, the approval process shall follow requirements in Secs 77‐63 and 77‐64 as applicable. Sec. 77­63. Replatting without vacating preceding plat. A replat of a subdivision or part of a subdivision may be recorded and is controlling over the preceding plat without vacation of that plat if the replat: (1) is signed and acknowledged by only the owners of the property being replatted; February 14, 2012 (2) is approved, after a public hearing on the matter at which parties in interest and citizens have an opportunity to be heard, by the municipal authority responsible for approving plats; and (3) does not attempt to amend or remove any covenants or restrictions. Sec. 77­64. Additional requirements for certain replats. (a) In addition to compliance with Section 77‐
62, a replat without vacation of the preceding plat must conform to the requirements of this section if: (1) during the preceding five years, any of the area to be replatted was limited by an interim or permanent zoning classification to residential use for not more than two single family units per lot; or (2) any lot in the preceding plat was limited by deed restrictions to residential use for not more than two single family units per lot. (b) Notice of the hearing required under Section 77‐62 shall be given before the 15th day before the date of the hearing by: (1) publication in the City of Clifton’s official newspaper or a newspaper of general circulation in Bosque county; and (2) by written notice, with a copy of Subsection (c) attached, forwarded by the City Secretary on behalf of the City Council to the owners of lots that are in the original subdivision and that are within 200 feet of the lots to be replatted, as indicated on the most recently approved municipal tax roll or in the case of a subdivision within the extraterritorial jurisdiction, the most recently approved county tax roll of the property upon which the replat is requested. The written notice may be delivered by depositing the notice, properly addressed with postage prepaid, in the City of Clifton Post Office. Clifton Code of Ordinances Page 148 (c) If the proposed replat requires a variance and is protested in accordance with this subsection, the proposed replat must receive, in order to be approved, the affirmative vote of at least three‐fourths of the members present of the City Council. For a legal protest, written instruments signed by the owners of at least 20 percent of the area of the lots or land immediately adjoining the area covered by the proposed replat and extending 200 feet from that area, but within the original subdivision, must be filed with the City Council prior to the close of the public hearing. (d) In computing the percentage of land area under Subsection (c), the area of streets and alleys shall be included. (e) Compliance with Subsections (c) and (d) is not required for approval of a replat of part of a preceding plat if the area to be replatted was designated or reserved for other than single or duplex family residential use by notation on the last legally recorded plat or in the legally recorded restrictions applicable to the plat. Secs. 77­65 thru 77­85. Reserved. ARTICLE IV. CONSTRUCTION OF PUBLIC IMPROVEMENTS Sec. 77­86. Construction of improvements. (a) The developer shall file with the Building Official detailed plans and specifications of and for construction of all public improvements, including, but not limited to, plats, sketches, and other satisfactory written descriptions, showing such features as roadways, cross sections and longitudinal slope of drainage, full description of proposed pavement or street improvements, its grade and slope, dimensions and specifications concerning public utilities to be installed showing proposed position on the ground, specifications of materials and construction, February 14, 2012 and profile maps of all sanitary and storm sewers showing both ground surface and flow line, and any other pertinent information of a similar nature. (b) The developer shall file with the Building Official the following construction plans for the improvements to be installed: 1) The centerline and curb elevations of each proposed street; 2) A cross‐section of each proposed street showing the width of pavement, the location and width of sidewalks, if required, and the location and size of utility mains; 3) The plans and profiles of proposed sanitary sewers and storm water sewers with grades and sizes indicated or the method of sewage or storm water disposal in lieu of sewers; 4) A plan of the proposed water distribution system, showing pipe sizes and the location of valves and fire hydrants; and 5) A drainage plan showing all existing and proposed storm sewers, manholes, catch‐basins, watercourses, culverts and other underground structures within the tract and immediately adjacent thereto with pipe sizes and grades, and water openings indicated thereon. The drainage plan shall show the method to be used for the adequate disposal of all storm water including drainage outlets and such other data as may be required by the City Engineer, Commission or Council. (c) Construction of the public improvements shall not commence until after 1) the final plat has been approved by the Commission and Council, and 2) the Building Official has approved the construction plans and specifications as being in conformity with the final plat and all standards, rules and regulations applicable to the Clifton Code of Ordinances Page 149 improvements and construction of the improvements, and 3) the Public Works Director has approved those portions of the plans relating to water and sewer installations. (d) Construction quality. If the final plat has been approved by the Council and the Commission, the public improvements, streets and utilities provided for in the final plat shall be constructed in conformity with the final plat and Building Official approved plans and specifications. (e) Construction time. Construction must be completed within twelve months after the approval of the final plat by the Council, provided that the time may be extended by the Council. (f) Warranty. The developer, contractors and subcontractors, upon completion of construction, shall provide a one year warranty to the City that all improvements are free of defects in workmanship and free of faulty materials, and providing that they will, in a timely, good and workmanlike manner, correct and repair all such defects and faults and all damage caused thereby, provided such defect, fault, or damage appears or manifests itself within one year after completion of the improvements. (g) As‐built drawings. Upon the completion of construction, a copy of the "as‐built" final plans, dated, signed and certified by the engineer in charge shall be filed with the Building Official showing all features as actually installed, including materials, size, locations, depth, elevation, ends of lines, valves, fittings, storm sewer lines, inlets and other pertinent items. No connections to such utilities may be made until the foregoing has been complied with. (h) Temporary improvements. The developer shall build and pay for all costs of temporary improvements required and shall maintain same for a period specified by the Council. Prior to construction of any February 14, 2012 temporary facility or improvement, the developer shall ensure that the temporary facilities will be properly constructed, maintained and removed. (i) Cost of improvements. All required improvements shall be made by the developer at his expense without reimbursement by the City or any improvement district except as provided below. The Commission and the Council may require excess improvements which they determine to be necessary to the City. Such excess improvements may include, but are not necessarily limited to, oversized storm drainage or utility lines to service areas at and beyond the proposed subdivision. In such cases, the City may participate in the cost of such improvements. (j) Inspection of improvements. (1) The developer shall provide for inspection of required improvements during construction and ensure their satisfactory completion; and (2) The inspections, if any, done by the City are for its own benefit and information, not that of the developer, any lot owner or other party with, or acquiring an interest in, any of the property in the subdivision. Secs. 77­87 thru 77­90. Reserved. ARTICLE V. ENDORSEMENT OF PLAT AND RECORDING Sec. 77­91. Endorsement of plat by City and recording. (a) Signatures. No final plat may be filed in the real property records of Bosque County, Texas, unless it has been signed by all required parties and contains all required certificates. (b) No final plat, with the exception of minor plats, may be signed by City representatives, until: Clifton Code of Ordinances Page 150 (1) It has been approved by the Council and the Commission after full compliance with the requirements of this chapter; (2) The public improvements have been completed in conformity with the final plat, Building Official approved plans and specifications, the warranty instrument and as‐built final drawings have been delivered to the City; or security meeting the requirements of Article VII has been given to the City; and (3) A title opinion by developer's attorney or an abstract of title have been furnished to and approved by the City’s attorney indicating that the improvements are free and clear of any liens and encumbrances; or, if a developer puts up security under Article VII, a title opinion by developer's attorney or an abstract of title have been furnished to and approved by the City’s attorney describing all liens and encumbrances on the land to be dedicated as public improvements and a written commitment from all lien holders in recordable form and approved by the City’s attorney obligating them to release all liens upon completion of the improvements has been furnished to the City. (4) This subpart applies to townhouses only. In addition to the requirements applicable to any other plat, a final plat of a townhouse development may not be filed until the buildings (each townhouse being for this purpose, considered as a separate building) which are to be connected together with zero (0) foot lot lines and common walls are completed, at which time the plat for the lots and land upon which such buildings are located may be filed of record and the plat as to all lands not containing building lots may be filed of record. Thereafter, a final plat as to land upon which any other series of connected buildings are to be located February 14, 2012 may be filed as and when the buildings are completed. (c) Every final plat which has been completed in accordance with this chapter must be recorded in the appropriate real property records of the office of the Bosque County Clerk. Secs. 77­92 thru 77­95. Reserved. ARTICLE VI. ACCEPTANCE OF IMPROVEMENTS Sec. 77­96. Acceptance of improvements. (a) Public improvements constructed by an owner or developer as part of the subdivision process will not be accepted, unless and until: the improvements are completed in accordance with the final plat and in accordance with the construction plans and specifications approved by the Building Official; the Building Official has submitted a certificate stating that all required improvements have been satisfactorily completed; and the developer's registered engineer or registered surveyor has certified to the Building Official, through submission of a detailed as‐built plan of the subdivision, indicating location, dimensions, materials and such other information as may be reasonably required by the Building Official, that the layout of the line and grade of all public improvements is in accordance with construction plans for the subdivision. (b) Approval of a final plat does not constitute acceptance of any proposed dedication and does not impose on the City any duty regarding the maintenance or improvement of any dedicated parts, until the City makes an actual appropriation of the dedicated parts by entry, use, or improvement, per V.T.C.A., Local Government Code, § 212.011(a). Clifton Code of Ordinances Page 151 Sec. 77­97. Maintenance of improvements. The developer shall be required to maintain all improvements until acceptance of the improvements by the Council. Secs. 77­98 thru 77­100. Reserved. ARTICLE VII. SECURITY FOR COMPLETION OF CONSTRUCTION Sec. 77­101. Security. The Council may, in its discretion, accept security in lieu of completed construction as a condition precedent to signature and recording of the final plat; provided, however: (6) Periodic withdrawals may be made from the cash deposit account for a progressive payment of installation cost. The amounts of such withdrawals shall be based upon progress work estimates and approved by the City Administrator. The amount on deposit shall at all times be no less than the minimum security required hereunder; (7) The security will not be released until the improvements have been accepted by the City, except for periodic releases of cash security as and to the extent allowed hereunder. Secs. 77­102 thru 77­105. Reserved. (1) The security must be in the form of a cash deposit or letter of credit; ARTICLE VIII. VACATING AND AMENDING PLATS (2) The security must be in an amount at least sufficient to complete construction of all improvements, in accordance with the final plat, the approved construction plans and specifications and all standards, rules and regulations applicable to the improvements and their constructions, without cost to the City, plus ten (10) percent; Sec. 77­106. Vacation where no lots sold. (3) Such letter or cash deposit agreement shall be approved as to form, sufficiency, and manner of execution by the City’s attorney and City Administrator; (4) The terms, provisions and conditions of any letter of credit or deposit agreement must be approved by the City’s attorney and City Administrator; (5) The letter of credit must be an unconditional guarantee, issued by a bank or other financial institution approved by the Council, agreeing to pay the City on demand a stipulated sum of money to apply to the estimated cost of installation of all improvements for which the developer is responsible; February 14, 2012 The owners of a tract covered by an existing plat may vacate the plat at any time before any lot in the plat is sold. The plat is vacated when a signed, acknowledged instrument declaring the plat vacated is approved and recorded in the manner prescribed for the original plat. Sec. 77­107. Vacation where lots sold. If lots in the plat have been sold, the plat, or any part of it, may be vacated on the application of all the owners of the lots in the plat with approval obtained in the manner prescribed for the original plat. Sec. 77­108. Vacation effect. On execution and recording of the vacating instrument, the vacated plat has no effect. Sec. 77­109. Amending plats. (a) Appointment of designated employee. The Council shall appoint, by resolution, a city employee to serve as the designated employee for the purpose of administering this section. In the absence of such appointment or in the event the designated Clifton Code of Ordinances Page 152 employee fails or ceases to serve or continue to serve as such, the Building Official shall serve as the designated employee, per V.T.C.A., Local Government Code, § 212.065(a). (b) Amending plats. A plat amending a preceding plat may be recorded and is controlling over the preceding plat without vacation of the preceding plat, if the amending plat is signed by the applicants and is solely for one (1) of the purposes expressly allowed under V.T.C.A., Local Government Code, § 212.016. Amending plats may be approved by the designated employee without the necessity of Commission or Council approval and without the necessity of notice, hearing, or approval of other lot owners, per V.T.C.A., Local Government Code, § 212.016. Sec. 77­110. Reserved. ARTICLE IX. REQUIREMENTS FOR IMPROVEMENTS, RESERVATIONS AND DESIGN DIVISION 1. GENERALLY Sec. 77­111. Conformance to applicable rules and regulations. In addition to the requirements of this chapter, all subdivision plats shall comply with the following laws, rules and regulations: (1) All applicable statutory provisions; (2) The local government building and housing codes and all other applicable laws of the appropriate jurisdictions; (3) The general plan, official map, public utilities plan and capital improvements program of the City including all streets, drainage systems and parks shown on the official map or general plan; (4) The special requirements of these regulations and any rules of Bosque County, February 14, 2012 the City of Clifton Public Works Department and/or appropriate state agencies; (5) The rules of the state Department of Transportation, if the subdivision or any lot contained in it abuts a state highway or connecting street; (6) Plat approval may be withheld if a subdivision is not in conformity with the above guides or policies of these regulations. Sec. 77­112. Character of the land. Land which the Planning and Zoning Commission finds to be unsuitable for subdivision or development due to flooding, improper drainage, adverse earth formations or topography, utility easements or other features which will reasonably be harmful to the safety, health and general welfare of the present or future inhabitants of the subdivision and/or its surrounding areas, shall not be subdivided or developed unless adequate methods are formulated by the developer and approved by the Planning and Zoning Commission to solve the problems created by the unsuitable land conditions. Sec. 77­113. Monuments. The subdivider shall place permanent reference monuments in the subdivision as required herein and as approved by a registered land surveyor. (1) Monuments shall be located on street right‐of‐way lines, at street intersections, angle points of curve and block corners. They shall be spaced so as to be within twelve hundred feet of each other; and (2) All monuments shall be set flush with the ground and shall consist of a five‐eighths inch iron rod of usual and customary length.. Secs. 77­114 thru 77­125. Reserved. DIVISION 2. LOT IMPROVEMENTS Clifton Code of Ordinances Page 153 Sec. 77­126. Lot arrangement and numbering. In general, the sidelines of lots in subdivisions shall be approximately at right angles to straight street lines or radial to curved street lines. In general, an arrangement placing adjacent lots at a right angle to each other shall be avoided. All lots shall be numbered consecutively within each block. Lot numbering may be cumulative throughout the subdivision if the numbering continues from block to block in a uniform manner that has been approved on an overall preliminary plat. Sec. 77­127. Lots. Lots shall be a minimum of 60 X 100 feet. Corner lots. Corner lots shall be at least 75 feet wide. Lots abutting on crosswalk ways shall be treated as corner lots. Frontage. Each lot shall front upon a public street. Lots of irregular shape will not be allowed unless they have a street frontage of at least sixty feet. Side lot lines. Side lot lines shall be substantially at right angles to straight street lines and radial to curved street lines. Minimum setback lines. Where a corner lot is a key lot (where lots face the frontage street and other lots face the side street) the corner lot shall have at least the minimum building setback line on both streets. Where a corner lot is not a key lot it shall have a minimum building setback line of the side street of at least twenty feet. Lots abutting a crosswalk way shall be treated as corner lots. See R‐1 Zoning for requirements for minimum sizes of front, side, and rear yards. Lots abutting on crosswalk ways shall be treated as corner lots. Sec. 77­128. Special Case Lots. Where a lot in a residential area backs up to a railroad right‐of‐way, a high pressure February 14, 2012 gasoline, oil or gas line, an arterial street, an industrial area, or other land where no marginal access street or other street is provided at the rear of such lot, additional depth shall be required by the Commission, but in no event shall a width in excess of 50 feet be required. Sec. 77­129. Double frontage lots and access to lots. (a) Double frontage and reversed frontage lots shall be avoided except where necessary to provide separation of residential development from traffic arterials or to overcome specific disadvantages of topography and orientation. (b) Lots shall not, in general, derive access exclusively from a major or secondary arterial. Where driveway access from a major or secondary arterial may be necessary for several adjoining lots, the Planning and Zoning Commission may require that such lots be served by a combined access drive in order to limit possible traffic hazard on such streets. Where possible the driveways shall be designated and arranged to avoid requiring vehicles to back into traffic on major or secondary arterials. Sec. 77­130. Lot drainage. Lots shall be laid out so as to provide drainage away from all buildings and individual lot drainage shall be coordinated with the general storm drainage pattern for the area. Drainage shall be designed so as to avoid concentration of storm drainage water from each lot to adjacent lots. Secs. 77­131 thru 77­145. Reserved. DIVISION 3. STREETS Sec. 77­146. General requirements. (a) Frontage on improved roads. No subdivision shall be approved unless the proposed street system within the Clifton Code of Ordinances Page 154 sacs or U‐shaped streets shall be encouraged where such use will result in a more desirable layout. subdivision connects to an existing paved public roadway. (b) Street layout. Adequate and paved streets shall be provided by the subdivider, and the arrangement, character, extent, width, grade and location of each shall conform to the comprehensive plan of the City and shall be considered in their relation to existing and planned streets, to topographic conditions, to public safety and convenience, and in their appropriate relationship to the proposed uses of land to be served by such streets. The street layout shall be devised for the most advantageous development of the entire subdivision. (c) Topography and arrangement. (1) Roads shall be related appropriately to the topography. Local roads or minor streets shall be curved wherever possible to avoid conformity of lot appearance. All streets shall be arranged so as to obtain as many as possible of the building sites at or above the grades of the streets. Specific standards are contained in the design standards of these regulations. Where necessary to the neighborhood pattern, existing streets in adjoining areas shall be continued and shall be at least as wide as such existing streets and in alignment therewith; (2) All streets shall be integrated with the existing and proposed system of thoroughfares and dedicated right‐of‐way and drainage plan as established on the official map and/or general plan; (3) Minor or local streets shall be laid out to conform as much as possible to the topography, to discourage use by through traffic, to permit efficient drainage and utility systems and to require the minimum number of streets necessary to provide convenient and safe access to property; (4) The rigid rectangular gridiron street pattern need not necessarily be adhered to, and the use of curvilinear streets, cul‐de‐
February 14, 2012 Sec. 77­147. Design standards. (a) In order to provide for roads of suitable location, width, and improvement to accommodate prospective traffic and afford satisfactory access to police, firefighting, sanitation and road maintenance equipment and to coordinate roads so as to compose a convenient system and avoid undue hardship to adjoining properties, the following design standards for roads are hereby required. Road classification may be indicated on the general plan or official map otherwise it shall be determined by the Planning and Zoning Commission: Alley Minimum right‐of‐way width 30 ft Street Minimum right‐of‐way width 60 ft Alley Minimum paving width 30 ft Street Minimum paving width 40 ft Alley Maximum grade 10% Street Maximum grade 8% (b) Road surfacing and improvements. After sewer and water utilities have been installed by the developer, the developer shall surface the roadways to the widths prescribed in these regulations. The surfacing shall be in compliance with City engineering specifications and standards. Types of pavement shall be determined by the developer's registered engineer and approved by the Public Works Director. Adequate provision shall be made for culverts, drains, and bridges as necessary. All road pavement, shoulders, drainage improvements and structures, turnarounds, and sidewalks shall conform to all construction standards and specifications adopted by the Planning and Zoning Commission, the Public Works Director, and the City Administrator. (c) Intersections. Clifton Code of Ordinances Page 155 (1) Streets shall be laid out so as to intersect as nearly as possible at right angles. A proposed intersection of two new streets at an angle of less than seventy‐five degrees shall not be acceptable. An oblique street should be curved approaching an intersection and should be approximately at right angles for at least one hundred feet there from. Not more than two streets shall intersect at any one point unless specifically approved by the Planning and Zoning Commission. (2) Proposed new intersections along one (1) side of an existing street shall, wherever practicable, coincide with any existing intersections on the opposite side of such street. Street jogs with centerline offsets of less than one hundred twenty‐five feet shall not be permitted, except where the intersected street has separated dual drives without median breaks at either intersection. Where streets intersect major streets, their alignment shall be continuous. Intersection of major streets shall be at least eight hundred feet apart. (3) Intersections shall be designed with a flat grade wherever practical. At the approach to an intersection, a leveling area shall be provided having not greater than a two percent rate at a distance of sixty feet, measured from the nearest right‐of‐way line of the intersecting street. (4) Where any street intersection will involve earth banks or existing vegetation inside any lot corner that would create a traffic hazard by limiting visibility, the developer shall cut such ground and/or vegetation in connection with the grading of the right‐of‐
way to the extent deemed necessary to provide an adequate sight distance. Sec. 77­148. Road dedication and reservations. (a) New perimeter streets. Street systems in new subdivisions shall be laid out so as to eliminate or avoid new perimeter half‐
streets. Where an existing half‐street is February 14, 2012 adjacent to a new subdivision the other half of the street shall be improved and dedicated by the subdivider. The Planning and Zoning Commission may authorize a new perimeter street where the subdivider improves and dedicates the entire required street right‐of‐way width within his own subdivision boundaries. (b) Widening and realignment of existing roads. Where a subdivision borders an existing narrow road or when the general plan or official map indicates plans for realignment or widening a road that would require use of some of the land in the subdivision, the City Council may require the applicant to improve and dedicate at his expense such areas for widening or realignment of such roads. Such frontage roads and streets shall be improved and dedicated by the subdivider at his own expense to the full width as required by the City Council and these regulations. Land reserved for any road purpose may not be counted in satisfying yard or area requirements of this chapter whether the land is to be dedicated to the City in fee simple or an easement is granted to the City. Secs. 77­149 thru 77­195. Reserved. DIVISION 6. WATER FACILITIES Sec. 77­196. General requirements. (a) No plat will be approved covering any property located within the corporate limits of the City until such time as water service has been made available for every lot within the subdivision. (b) The subdivider shall extend the public water supply facilities including fire hydrants subject to the specification and approval of the City. (c) If the subdivider provides a private water supply, it shall be approved by the Texas Commission on Environmental Quality, Water Supply Division, Public Drinking Clifton Code of Ordinances Page 156 Water Staff. The subdivider must supply a letter with attached Source Water Susceptibility Assessment (SWSA) Report from TCEQ to the Planning and Zoning Commission indicating its approval of the installation prior to plat approval by the City Council. of the City until such time as sewer service has been made available for every lot within the subdivision. (b) The subdivider shall extend the public sanitary sewer to the subdivision and shall install adequate sewerage facilities subject to the specifications and approval of the Public Works Director. Sec. 77­197. Fire hydrants. Fire hydrants shall be required for all subdivisions. Fire hydrants shall be located no more than one thousand feet apart and within five hundred feet of any structure in a single‐family development and three hundred feet apart in any apartment or commercial development. Fire hydrants shall be in accordance with the requirements of the American Insurance Association and the National Fire Protection Association and shall meet the approval of the City. Sec. 77­212. Design criteria for sanitary sewers. Secs. 77­198 thru 77­210. Reserved. DIVISION 7. SEWERS Sec. 77­211. General requirements. (a) No plat will be approved covering any property located within the corporate limits Sanitary sewer systems shall meet the requirements of the City. (a) These design criteria are not intended to cover extraordinary situations. Deviations will be allowed and may be required. Final designs for water and sewage service must be approved by the City Public Works Director. Design criteria provided herein is informational and is not to be construed as final design requirements. (b) Reserved. (c) Sewers shall be designed for the total tributary area using the following criteria: TABLE INSET: Source Classification Remarks Daily sewage flow gallon per person Municipality Residential 100 0.17 Subdivision Residential 100 0.17 Trailer Park, Transient 2 1/2 persons/trailer 50 0.12 Mobile Home Park 3 persons/trailer 100 0.17 Schools Elementary, High 15 0.04 Recreation Parks Swimmers 40 0.10 Campers 5 0.01 February 14, 2012 Clifton Code of Ordinances Daily B.O.D. 5 lbs/person Page 157 Boaters 10 0.03 Factory or Office Bldg. No showers 20 0.06 Factory With showers 25 0.07 Motor Lodge W/toilet & bath 50 0.12 Hospitals Per bed 200 0.35 Nursing Homes Per bed 90 0.20 Drive‐In Theater Per car space 5 0.01 Restaurant Per meal served 5 0.02 (g) No public sewer shall be less than eight inches in diameter. (d) These design factors shall apply to watersheds of three hundred acres or less. For areas larger than three hundred acres, registered engineers must submit design calculations for approval. The state health department criteria shall govern design preparation. (h) All sewers shall be designed and constructed with hydraulic slopes sufficient to give mean velocities when flowing full or half‐full of not less than two feet per second. The grades shown in the following table are based on Manning's Formula and an n factor of 0.013 and shall be minimum acceptable slopes. Lesser n factors will be considered for special material where new n can be demonstrated. (e) Reserved. (f) The diameter of sewers proposed shall not exceed the diameter of the existing or proposed outlet whichever is applicable unless otherwise directed by the Director of Public Works. TABLE INSET: Size of pipe in inches I.D.
Fall in feet per 100 feet of sewer
8
0.33
10
0.25
12
0.20
15
0.15
18
0.11
21
0.09
(i) Sewers shall be laid in straight alignment where possible with uniform grade between manholes. In those cases where horizontal curvature must be utilized to serve a particular area, the smallest radius of curvature shall be one hundred feet and in all cases shall be in accordance within the February 14, 2012 particular manufacturer's recommendations. (j) Reserved. (k) Sanitary sewers shall be located within street or alley right‐of‐way unless topography dictates otherwise. When Clifton Code of Ordinances Page 158 located in easements on private property, access shall be provided to all manholes. (l) A minimum horizontal distance of nine (9) feet shall be maintained between parallel water and sewer lines. At points where sewers cross water mains, the sewer shall be constructed of pressure type pipe with watertight joints for a distance of ten feet in each direction. generally, V.T.C.A., Tax Code § 191.081 et seq.; local taxation, V.T.C.A., Tax Code ch. 301 et seq. ARTICLE I. IN GENERAL Sec. 80­1. Sales tax on gas, electricity bills. The city will levy a one percent sales tax on gas and electric utility bills. Secs. 77­213 thru 77­225. Reserved. State law references: Residential use of gas and electricity, V.T.C.A., Tax Code § 321.105. DIVISION 8. UTILITIES Secs. 80­2 thru 80­35. Reserved. Sec. 77­226. Installation. ARTICLE II. PROPERTY TAXES (a) All utility facilities, including, but not limited to, electric power and telephone shall be located throughout the subdivision on easements centered on rear lot lines and shall be subsurface wherever practical. Such easements shall be at least ten feet wide. Proper coordination shall be established between the subdivider and the applicable utility companies and the City for the establishment of utility easements established in adjoining properties. (b) Where topographical or other conditions are such as to make impractical the inclusion of utilities within the rear lot lines, perpetual unobstructed easements at least ten feet in width shall be provided along side lot lines with satisfactory access to the road or rear lot lines. Easements shall be indicated on the plat. (c) Water and sewer utilities shall be located in the street right‐of‐way. Secs. 77‐227 thru 77‐240. Reserved. CHAPTERS 78 THRU 79 RESERVED CHAPTER 80 TAXATION State law references: Property taxes, V.T.C.A., Tax Code § 1.01 et seq.; local occupation taxes, V.T.C.A., Tax Code § 101.008; occupation taxes February 14, 2012 DIVISION 1. GENERALLY Sec. 80­36. When taxes payable; delinquencies. The ad valorem taxes levied by the city council each year shall become due on October 1 of the year for which the levy is made and may be paid up to and including the following January 31 without penalty; but if not so paid, such taxes shall become delinquent on the following day, February 1; and the city shall charge penalties and interest as provided in the Texas Tax Code. Such unpaid taxes shall bear interest at the rate of six percent per annum from February 1 of the year next succeeding the year for which such taxes were levied or assessed. Sec. 80­37. Taxation of certain tangible personal property. All of that property described in the Texas Constitution, Article VIII, § 1‐j, shall be fully taxable in the city. Sec. 80­38. Tax abatement and reinvestment zones. DEFINITIONS Abatement means the full or partial exemption from ad valorem taxes of certain real property in a reinvestment zone designated by the City of Clifton for economic development purposes. Clifton Code of Ordinances Page 159 Agreement means a contractual agreement between a property owner and/or lessee and the City of Clifton, Texas. Base year value means the assessed value of eligible property January 1 preceding the execution of the agreement plus the agreed upon value of eligible property improvements made after January 1 but before the execution of the Agreement. Deferred Maintenance means improvements necessary for continued operation which do not improve productivity or alter the process technology. Eligible Facilities means new, expanded or modernized buildings and structures, including fixed machinery and equipment, which is reasonably likely as a result of granting abatement to contribute to the retention or expansion of primary employment or to attract major investment in the reinvestment zone that would be a benefit to the property and that would contribute to the economic development within the City of Clifton, but does not include Facilities which are intended primarily to provide goods or services to residents or existing businesses located in Clifton, Texas, such as, but not limited to, restaurants and retail sales establishments. Eligible Facilities may include, but shall not be limited to, Manufacturing Facilities, Office Buildings, and Hotels. Expansion means the addition of buildings, structures, machinery, equipment or payroll for purposes of increasing production capacity. Facility means property improvements completed or in the process of construction which together comprise an integral whole. Hotel means a commercial structure which provides overnight accommodations to travelers and which contains 30 rooms or more. Modernization means a complete or partial demolition of Facilities and the complete or partial reconstruction or installation of a Facility of similar or expanded production capacity. Modernization may result from the construction, alteration, or installation of buildings, structures, machinery or equipment, or both. February 14, 2012 New Facility means a property previously undeveloped which is placed into service by means other than or in conjunction with Expansion or Modernization. Office Building means a new office building to be occupied at least 50% by one owner or one tenant. Productive Life means the number of years a property improvement is expected to be in service in a facility. ABATEMENT AUTHORIZED Property Tax Abatements are authorized to be issued within the jurisdiction and authority of the City Council of the City of Clifton, Texas only for the purposes of 1) preventing the loss of payroll or taxable property value and 2) creating or increasing the gross payrolls or property values on a permanent basis within the jurisdiction of the City of Clifton, Texas. (a) Eligible Facilities. Upon application, Eligible Facilities shall be considered for Tax Abatement as hereinafter provided. (b) Creation of New Value. Abatement may only be granted for the additional value of eligible property improvements made subsequent to and specified in an abatement agreement between the City of Clifton and the property owner or lessee, subject to such limitations as the City of Clifton may require. (c) New and Existing Facilities. Abatement may be granted for new Facilities and improvements to existing Facilities for purposes of Modernization or Expansion. (d) Eligible Property. Abatement may be extended to the value of buildings, structures, fixed machinery, and equipment, site improvements and related fixed improvements necessary to the operation and administration of the Facility. (e) Ineligible Property. The following types of property shall be fully taxable and ineligible for Tax Abatement: land; supplies; tools; furnishings, and other forms of moveable personal property; housing; Deferred Maintenance; property to be rented or leased except as provided in Section 2(f); property Clifton Code of Ordinances Page 160 which has a Productive Life of less than 10 years. (f) Owned/Leased Facilities. If a Leased Facility is granted abatement, the agreement shall be executed with the lessor and the lessee. (g) Economic Qualification. In order to be eligible for designation as a reinvestment zone and to be considered for a tax abatement, the planned improvement must increase the appraised ad valorem tax value of at least $250,000 based upon the Bosque County Appraisal District's assessment of the Eligible Property; or the Owner must establish and maintain a minimum annual payroll of $200,000 or a minimum of fifteen new full time equivalent employees as a result of such improvements. GUIDELINES FOR ABATEMENT. The following shall serve as a guide for the determination of the percentage of abatement to be considered and the duration for the abatement agreement, if authorized. (a.) If the increase in assessed valuation is under $250,000 or the annual payroll is under $200,000 or the increase in employment is under 15 FTE jobs, then abatement is not authorized. (b.) If the increase in assessed valuation is $250,000 to $500,000 or the annual payroll is $200,000 to $400,000 or the increase in employment is 15 to 25 FTE jobs, then the abatement percentage may be 25% to 33% or less for a period of 3 years or less. (c.) If the increase in assessed valuation is $500,001 to $1,000,000 or the annual payroll is $400,001 to $700,000 or the increase in employment is 26 to 45 FTE jobs, then the abatement percentage may be 33% to 40% or less for a period of 4 years or less. (d.) If the increase in assessed valuation is $1,000,001 to $2,500,000 or the annual payroll is $700,001 to $1,000,000 or the increase in employment is 46 to 70 FTE jobs, then the abatement percentage February 14, 2012 may be 40% to 50% or less for a period of 4 years or less. (e.) If the increase in assessed valuation is $2,500,001 to $5,000,000 or the annual payroll is $1,000,001 to $1,300,000the increase in employment is 71 to 95 FTE jobs, then the abatement percentage may be 50% or less for a period of 5 years or less. (f.) If the increase in assessed valuation is $5,000,001 to $10,000,000 or the annual payroll is $1,300,001 to $1,800,000the increase in employment is 96 – 125 FTE jobs, then the abatement percentage may be 50% or less for a period of 6 years or less. (g.) If the increase in assessed valuation is $10,000,000 & above or the annual payroll is Over $1,800,000 or the increase in employment is over 125 FTE jobs, then the abatement percentage may be based on the scale of the project for a period of no more than 10 years. STANDARDS FOR TAX ABATEMENT. The following factors, among others, shall be considered in determining whether to grant Tax Abatement and, if so, the percentage of value to be abated and the duration of the Tax Abatement: (1) value of land and existing improvements, if any; (2) type and value of proposed improvements; (3) Productive Life of proposed improvements; (4) number of existing jobs to be retained by proposed improvements; (5) number of type of new jobs to be created by proposed improvements; (6) amount of local payroll to be created; (7) whether the new jobs to be created will be filled by persons residing or projected to reside within affected taxing jurisdictions; and (8) amount of local sales taxes to be generated directly; (9) amount property tax base valuation will be increased during term of Abatement and after Abatement, which shall include a definitive Clifton Code of Ordinances Page 161 commitment that such valuation shall not be less than $1,000,000 or, if less than $1,000,000, add 50 new full‐time employees; (10) the costs to be incurred by the City of Clifton to provide new facilities or services directly resulting from the new improvements; 11) the amount of ad valorem taxes to be paid the City of Clifton during the Abatement period considering: the existing values, the percentage of new value abated, the Abatement period, and the value after expiration of the Abatement period; (12) the population growth of the City of Clifton that occurs directly as a result of new improvements; (13) the types and values of public improvements, if any, to be made by applicant seeking Abatement; (14) whether the proposed improvements compete with existing businesses to the detriment of the local economy; (15) the impact on the business opportunities of existing businesses; (16) the attraction of other new businesses to the area; (17) the overall compatibility with the zoning ordinances and comprehensive plan for the area; (18) whether the project is environmentally compatible with no negative impact on quality of life perceptions. Each Eligible Facility shall be reviewed on its merits utilizing the factors provided above. After such review, Abatement may be denied entirely or may be granted to the extent deemed appropriate after full evaluation. DENIAL OF ABATEMENT. Neither a reinvestment zone nor abatement agreement shall be authorized if it is determined that: (1) there would be a substantial adverse affect on the provision of government service or tax base; (2) the applicant has insufficient financial capacity; February 14, 2012 (3) planned or potential use of the property would constitute a hazard to public safety, health or morals; (4) violation of other codes or laws; or (5) any other reason deemed appropriate by the City Council of the City of Clifton. (k) Taxability. From the execution of the Abatement to the end of the Abatement period taxes shall be payable as follows: (1) the value of ineligible property as provided in Section 2(e) shall be fully taxable; (2) the base year value of existing eligible property as determined each year shall be fully taxable; (3) the additional value of new eligible property shall be taxed in the manner, at the percentage and for the term of the abatement agreement; and (4) the additional value of new eligible property shall be fully taxable at the end of the Abatement period. APPLICATION (a) Any present or potential owner of taxable property in Clifton, Texas may request the creation of a reinvestment zone and tax abatement by filing a written application with the City of Clifton. The application shall be submitted to the Mayor or City Administrator and shall then be forwarded to the City Council of the City of Clifton for final disposition. (b) The application shall consist of a completed application form which shall provide detailed information on the items described above; a map and property description; and a time schedule for undertaking and completing the planned improvements. In the case of Modernization, a statement of the assessed value of the facility, separately stated for real and personal property, shall be given for the tax year immediately preceding the application. The application form may require such financial and other information as may be deemed appropriate for evaluating the financial capacity and other factors of the applicant. (c) The City of Clifton shall give notice as provided by the Texas Property Tax Code, i.e., (1) written notice to the presiding officer of the Clifton Code of Ordinances Page 162 governing body of each taxing unit in which the property to be subject to the agreement is located no later than the seventh day before the public hearing, and (2) publication in a newspaper of general circulation within such taxing jurisdiction no later than the seventh day before the public hearing. Before acting upon the application, the City of Clifton shall, through public hearing, afford the applicant and the designated representative of any governing body referenced herein to show cause why the Abatement should or should not be granted. (d) The City of Clifton, no more than 60 days after receipt of the application, shall by vote of the Council either approve or disapprove the application for Tax Abatement. The City of Clifton shall notify the applicant of approval or disapproval. (e) The City of Clifton shall not establish a reinvestment zone for the purpose of Abatement if it finds that the request for the abatement was filed after the commencement of construction, alteration, Modernization, Expansion or New Facility. AGREEMENT (a) After approval of the application, the City of Clifton shall formally pass a resolution authorizing the execution of an Agreement with the owner of the Facility and/or lessee, as required, which shall include: (1) estimated value to be abated and the base year value; (2) percent of value to be abated each year; (3) the commencement date and the termination date of Abatement; (4) the proposed use of the Facility; nature of construction, time schedule, map, property description and improvement list as provided in Application, Section 3(b); (5) contractual obligations in the event of default, violation of terms or conditions, delinquent taxes, recapture, administration and assignment as provided above; and (6) size of investment, expected annual payroll, number of jobs created/retained or whatever other factors were determined as the basis for the approval of the application. The February 14, 2012 level of these factors shall establish the contractual requirements to be maintained during the effective term of the abatement agreement. (b) Such agreement shall normally be executed within sixty (60) days after the applicant has forwarded all necessary information and documentation to the City of Clifton. Interpretation of state law currently prohibits the abatement of any properties for a period greater than ten (10) years. No agreement shall exceed ten (10) years or any duration not in accordance with state law. RECAPTURE (a) In the event that the company or individual allows its ad valorem taxes owed the City of Clifton to become delinquent and fails to timely and properly follow the legal procedures for their protest and/or contest; or violates any of the terms and conditions of the Abatement Agreement and fails to cure during the Cure Period in and after described, the agreement then may be terminated and all taxes previously abated by virtue of the agreement will be recaptured and paid within thirty (30) days of the termination. (b) Should the City of Clifton determine that the company or individual is in default according to the terms and conditions of its Agreement, the City of Clifton shall notify the company or individual of such default in writing at the address stated in the Agreement, and if such is not cured within thirty (30) days from the date of such notice ("Cure Period"), then the Agreement may be terminated. ADMINISTRATION (a) The Chief Appraiser of the Bosque County Appraisal District will annually determine an assessment of the real and personal property comprising the reinvestment zone. Each year, the company or individual receiving abatement shall furnish the Appraiser with such information as may be necessary for the Abatement. Once value has been established, the Chief Appraiser will notify the City of Clifton of the amount of the assessment. Clifton Code of Ordinances Page 163 (b) The Abatement Agreement shall stipulate that employees and/or designated representatives of the City of Clifton will have access to the reinvestment zone during the term of the Abatement to inspect the Facility to determine if the terms and conditions of the Agreement are being met. All inspections will be made only after the giving of twenty‐four hours prior notice and will only be conducted in such manner as to not unreasonably interfere with the construction and/or operation of the Facility. (c) All inspections will be made with one or more representatives of the company or individual and in accordance with its safety standards. (d) Upon completion of construction, the designated representative of the City of Clifton shall annually evaluate each Facility receiving Abatement to insure compliance with the agreement, and a formal report shall be made to the City Council of Clifton regarding the findings of each valuation. ASSIGNMENT Abatement may be transferred and assigned by the holder to a new owner or lessee of the same Facility upon the approval by resolution of the City of Clifton City Council subject to the financial capacity of the assignee and provided that all conditions and obligations in the Abatement Agreement are guaranteed by the execution of a new contractual Agreement with the City of Clifton. No assignment or transfer shall be approved if the parties to the existing Agreement, the new owner or new lessee, are liable to any jurisdiction for outstanding taxes or other obligations. Approval shall not be unreasonably withheld. SUNSET PROVISION These Guidelines and Criteria are effective upon the date of their adoption and will remain in force for two years, unless amended by three‐
quarters vote of the City Council of the City of Clifton, at which time all reinvestment zones and Tax Abatement agreements created pursuant to these provisions will be reviewed to February 14, 2012 determine whether the goals have been achieved. Based on that review, the Guidelines and Criteria may be modified, renewed or eliminated. Sec. 80­39. Limitation on ad valorem tax For any resident of the City of Clifton who is 65 years of age or older or is disabled and receives a residence homestead exemption as provided by law, the total amount of ad valorem taxes imposed by the City of Clifton on that homestead may not be increased while the property remains the residence homestead of that person or that person’s spouse who is disabled or 65 years of age or older and receives a residence homestead exemption on the homestead. Taxes otherwise limited by the City of Clifton under this ordinance may be increased by the City of Clifton to the extent the value of the homestead is increased by improvements other than repairs and other than improvements made to comply with governmental requirements and except as may be consistent with the transfer of a tax limitation under a law authorized by Article 8 § 1‐b of the Texas Constitution. As provided by Texas Constitution, Art. 8, Section 1‐b (h), the City of Clifton may not repeal or rescind the tax limitation established under it. (Ref, Tex. Constitution Article 8, Section 1‐b(h), Ord, 070701) Secs. 80­40 thru 80­50. Reserved. DIVISION 2. HISTORIC PROPERTIES Sec. 80­51. Granting of partial exemption. Any property which is designated as an historically significant site pursuant to the terms of this division and which is substantially rehabilitated as provided herein shall have an assessed value for ad valorem tax purposes equal to the assessed value of the property for Clifton Code of Ordinances Page 164 the tax year immediately prior to the renovation, for a period of four to eight years following the completion of the renovation, these years being determined on a case by case basis. Only the historic structure and the land reasonably necessary for access to, and use of, the structure shall be subject to the tax valuation freeze. The valuation freeze period shall begin on the first day of the tax year following completion of the rehabilitation project. (3) Include detailed plans and/or descriptions of the proposed work demonstrating rehabilitation; Sec. 80­52. Designation of historically significant sites. (5) Authorize the members of the Clifton Main Street Board of Directors, the city administrator or designee, and/or elected officials to visit and inspect the property proposed for certification to verify that it is in need of substantial repair or rehabilitation and to verify repair or rehabilitation; For the purpose of this division, all structures 50 years old or older which are within the boundaries of the Downtown Commercial District and are designated as historically significant sites in need of tax relief to encourage their preservation. Sec. 80­53. Requirements for eligibility. To be eligible for a property tax valuation freeze, a property must meet the following requirements: (1) The property must meet the requirements for designation as a historically significant site in need of tax relief as defined in section 88‐52. (2) The property must meet all requirements for application, certification and verification as set forth below. Sec. 80­54. Application process. (a) Applications for an historic structure preservation tax abatement pursuant to this division are to be filed with the preservation officer (if none, then the city administrator), who shall be the agent for the city for the purposes of administering this division. Each application shall be signed and sworn by the owner of the property and shall: (1) State the legal description of the property proposed for certification; (2) Include an affidavit by the owner stating the structure is 50 years old or older and is located within the Downtown Commercial District; February 14, 2012 (4) Include cost estimates indicating the repair or rehabilitation of the exterior of the building will equal or exceed 20 percent of the most recent tax valuation of the structure or $20,000.00, whichever is less. Include a projection of the estimated construction time and predicted completion date of the historic repair or rehabilitation; (6) Contain a signed application for a certificate of appropriateness to determine compliance for any exterior modifications to the property for the duration of the period during which the tax freeze is in effect; (7) Include a tax certificate showing all taxes due upon the property have been paid; and (8) Provide any additional information to the Main Street Board of Directors which the owner or committee deems relevant or useful such as the history of the structure, access to the structure by the public, or any proposed changes in use of the structure. (b) Each application shall contain sufficient documentation confirming or supporting the information submitted therein. Sec. 80­55. Certification process. (a) Upon receipt of the sworn application, the preservation officer shall forward the application to the Main Street Board of Directors for review. The Main Street Board of Directors shall review the proposed rehabilitation. The Main Street Board of Directors shall recommend to the city council whether the structure shall be eligible for the tax exemption. The board may recommend Clifton Code of Ordinances Page 165 approval of the application submitted, approval with conditions, or denial. The written recommendation of the Main Street Board of Directors shall be delivered to the city administrator no more than 45 days after submission of the application to the preservation officer by the applicant. division. If the verification of completion is favorable, the preservation office shall notify the city administrator in writing of the compliance. Thereafter, the city administrator shall execute a tax abatement certificate and forward the same to the tax assessor/collector for Bosque County. (b) Upon receipt of the recommendation of the Main Street Board of Directors, the city administrator shall within 30 days place the matter upon the city council agenda for determination of eligibility. In determining eligibility, the city council shall first determine that all the requirements of this division have been met and that only the historic property and the land reasonably necessary for access to, and use thereof is to be provided favorable tax relief as provided in section 80‐51. If eligibility is determined, the council shall authorize the city administrator to execute a tax abatement certificate upon verification of completion. Sec. 80­58. Alteration or destruction. Sec. 80­56. Verification process. Upon completion of the repair or rehabilitation, the certified applicant shall submit to the preservation officer a sworn statement of completion acknowledging that the structure has been substantially repaired or rehabilitated in accordance with the plan approved by the Main Street Board of Directors and city council. Applicant must also present documentation verifying that the cost of repair or rehabilitation meets or exceeds the amounts established in section 80‐54. The preservation officer, upon receipt of the sworn statement of completion, but no later than 30 days thereafter, shall make an investigation of the property and shall determine if the property has been substantially completed as required for certification. If the repair or renovation deviated in any way from the construction plan approved by council, the Main Street Board of Directors shall determine whether the modifications are in accordance with the original application. If verification of completion shall be deemed unfavorable, the certified applicant shall be required to complete or correct the repair or rehabilitation in order to obtain the tax exemption provided by this February 14, 2012 (a) If the preservation officer or a member of the Main Street Board of Directors has reason to believe that an exempted structure has been altered or totally or partially destroyed by the willful act or negligence of the owner or his representative, the preservation officer shall immediately cause the matter to be scheduled for the earliest practical consideration by the city council. If, after giving notice and hearing to the owner, the city council determines that the exempted structure has been totally or partially destroyed or altered by the willful act or negligence of the owner of his representative, the owner shall immediately repay to the city all of the tax revenues that were not paid because of the exemption plus interest calculated at an annual rate of six percent. (b) Where an exempted structure is totally or partially destroyed or altered by other than the willful act or negligence of the owner or his representative, the owner shall, within 30 days, request a demolition permit when repair is not feasible, or request a building permit to reconstruct the historically significant site, in accordance with the development codes of the city and the approved plans for that structure. Renovation is hereby deemed feasible when destruction or alteration is 50 percent or less of the structural value of the building. In cases where a demolition permit is issued by the city because renovation is not feasible, repayment of tax revenue is not required. Sec. 80­58. Effective date transferability to future owner(s). This division is effective for structures renovated after January 1, 2004. Exemptions are transferable to new owners during the tax freeze period with city council approval. Clifton Code of Ordinances Page 166 Sec. 80­59. Use in conjunction with other tax incentives. (a) At the discretion of the city council, the tax freeze provided in this ordinance may be used in conjunction with tax abatements provided in section 80‐38 of the City Code. The applicant must meet all requirements for each tax abatement separately in order to be considered for both abatements. (b) This tax freeze may be used in conjunction with other types of abatements that may be developed in the future, unless otherwise prohibited by statute or by ordinance. Secs. 80­60 thru 80­70. Reserved. of providing sleeping accommodations for persons engaged in an educational program or activity at the institution. Occupancy means the use or possession or the right to the use or possession of a hotel room ordinarily used for sleeping, for a period of less than 30 consecutive days. Occupant means one who has the right of occupancy of a hotel room ordinarily used for sleeping. Person means any individual, company, association or corporation that owns, controls, operates or manages a hotel. Sec. 80‐72. Collection; payment; accounting. ARTICLE III. HOTEL OCCUPANCY TAX (a) Every hotel in the city shall collect a hotel occupancy tax of four percent. State law references: Municipal hotel occupancy taxes, V.T.C.A., Tax Code ch. 351. (b) The tax shall be paid to the city quarterly, and the proceeds from the tax shall go to the chamber of commerce for the express purpose of promoting tourism for the city. Sec. 80­71. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Consideration means the cost of a room ordinarily used for sleeping in a hotel. Consideration does not include the cost of any food served or any personal services performed other than those related to the cleaning and readying for occupancy of a hotel room. Hotel means a building in which members of the public obtain sleeping accommodations for consideration. The term includes a hotel, motel, tourist home, tourist house, tourist court, lodging house, inn, rooming house, or bed and breakfast. The term does not include a: (1) Hospital, sanitarium or nursing home; or (2) Dormitory or other housing facility owned or leased and operated by an institution of higher education or a private or independent institution of higher education as those terms are defined by V.T.C.A., Education Code § 61.003, used by the institution for the purpose February 14, 2012 (c) The chamber of commerce, on an annual basis, shall present to the city council an accounting for all moneys collected under this article. Sec. 80­73. Remittance to tax collector. The hotel occupancy tax shall be collected by the person who operates a hotel and shall be remitted with a hotel tax return to the tax collector on January 15, April 15, July 15, and October 15, annually, for the calendar quarter immediately preceding the remittance date, less an administrative fee to be retained by the person who remits the tax of one percent of the amount remitted. The tax collector shall mail to each hotel operator a tax return before the end of the calendar quarter in which the hotel occupancy tax is due. Sec. 80­74. Expenditure of proceeds. The proceeds of the hotel occupancy tax shall be expended only for the purposes authorized by V.T.C.A., Tax Code § 351.101, subject to the following limitations: Clifton Code of Ordinances Page 167 (1) Not less than 50 percent of the tax collected shall be spent for the purposes authorized by V.T.C.A., Tax Code § 351.101(a)(3); and (2) Not more than 15 percent of the tax collected shall be spent for the purposes authorized by V.T.C.A., Tax Code § 351.101(a)(4). Sec. 80­75. Penalty. If the person required to remit the hotel occupancy tax to the tax collector fails to do so when the tax is due, the person shall pay a penalty of five percent of the tax due and shall pay an additional penalty of five percent of the tax due for every 30‐day period in which the tax due remains delinquent. Sec. 80­76. Contract with the Chamber of Commerce. The City Council is authorized, and the mayor and city secretary are directed, to enter into a contract, in conformity with the provisions of V.T.C.A., Tax Code § 351.101, with the Chamber of Commerce for the management and supervision of activities to be funded with tax revenue designated for expenditure under this article for the purposes authorized by V.T.C.A., Tax Code § 351.101(a)(3). The Chamber of Commerce shall accept the duties then imposed upon it by law and shall faithfully and annually submit its annual budget for those expenditures to be approved by the city council. CHAPTERS 81 THRU 83 RESERVED CHAPTER 84 TRAFFIC AND VEHICLES State law references: Vehicles and traffic, V.T.C.A., Transportation Code ch. 501 et seq.; rules of the road, V.T.C.A., Transportation Code ch. 541 et seq.; powers of local authorities, V.T.C.A., Transportation Code § 542.201 et seq.; parking, towing and storage of vehicles, V.T.C.A., Transportation Code ch. 681 et seq.; regulation of certain drivers and porters, V.T.C.A., Local Government Code § 215.029; February 14, 2012 regulation of parking, V.T.C.A., Local Government Code § 431.001 et seq. ARTICLE I. IN GENERAL Sec. 84­1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: General. The definitions provided in V.T.C.A., Transportation Code ch. 541, are adopted as a part of this section as if set out at length in this section. Bicycle means a human powered vehicle with two wheels in tandem designed to transport by a pedaling action, a person or persons. Control‐access highway means a highway or roadway to which: (1) Persons, including owners or occupants of abutting real property, have no right of access; and (2) Access by persons to enter or exit the highway or roadway is restricted under law except at a place and in the manner determined by the authority that has jurisdiction over the highway or roadway. Curb loading zone means a space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials. Driver means, as used in reference to a vehicle, a person who drives or has physical control of a vehicle. Electric bicycle, as defined by TRC 541.201 (24), means a bicycle that: (1) Is designed to be propelled by an electric motor, exclusively or in combination with the application of human power; (2) Cannot attain a speed of more than 20 miles per hour without the application of human power; and; Clifton Code of Ordinances Page 168 (3) Does not exceed a weight of 100 pounds. Freight curb loading zone means a space adjacent to a curb for the exclusive use of vehicles during the loading or unloading of freight. Manual means the Texas Manual on Uniform Traffic Control Devices for Streets and Highways, volumes I and II. Motor vehicle means every vehicle which is self‐propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails. Official traffic‐control devices means all signs, signals, markings and devices not inconsistent with this chapter placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning or guiding traffic. Passenger curb loading zone means a place adjacent to a curb for the exclusive use of vehicles during the loading or unloading of passengers. Sec. 84­2. Penalty for violation of chapter. Except as otherwise provided in this chapter, any person convicted of violating any of the provisions of this chapter shall be punished by a fine as defined in Section 1‐9. Sec. 84­3. General duties of chief of police relative to traffic. It shall be the duty of the chief of police to conduct analysis of traffic accidents and to devise remedial measures, to conduct investigations of traffic conditions and to cooperate with other city officials in the development of ways and means to improve traffic conditions, and to carry out the additional powers and duties imposed by this chapter and other traffic ordinances. Sec. 84­4. Authority of chief of police to make traffic regulations. February 14, 2012 The chief of police is empowered to make regulations necessary to make effective the provisions of this chapter and other traffic ordinances and to make and enforce temporary or experimental regulations to cover emergencies or special conditions. No such temporary or experimental regulation shall remain in effect for more than 90 days, nor shall it be effective until approved by the mayor. Sec. 84­5. Duty of police officers to enforce traffic laws. It shall be the duty of the officers of the police department or such officers as are assigned by the chief of police to enforce all street traffic laws of this city and all of the state vehicle laws applicable to street traffic in this city. Sec. 84­6. Authority of police officers to direct traffic. Officers of the police department or such officers as are assigned by the chief of police are hereby authorized to direct all traffic by voice, hand or signal in conformance with traffic laws. In the event of fire or other emergency or to expedite traffic or to safeguard pedestrians, officers of the police department may direct traffic as conditions may require, notwithstanding the provisions of the traffic laws. State law references: Authority of city to regulate traffic by police officers, V.T.C.A., Transportation Code § 542.202(a)(1). Sec. 84­7. Authority of officers of fire department to direct traffic. Officers of the fire department, when at the scene of a fire, may direct or assist the police in directing traffic at the scene or in the immediate vicinity. Sec. 84­8. Obedience to traffic officers and school crossing guards. No person shall willfully fail or refuse to comply with any lawful order or direction of: (1) A police officer or fire department official given to direct or control traffic as authorized in this chapter; or Clifton Code of Ordinances Page 169 (2) A school crossing guard who is performing crossing guard duties in a school crosswalk to stop and yield to a pedestrian. injure any person, animal or vehicle upon such street or alley. State law references: Similar provisions, V.T.C.A., Transportation Code § 542.501. (a) The operator of a vehicle involved in an accident resulting in injury to or death of a person or damage to a vehicle to the extent that it cannot be normally and safely driven shall immediately by the quickest means of communication give notice of the accident to the: Sec. 84­9. Riding on portion of vehicle not intended for passengers. No person shall ride on any vehicle upon any portion of a vehicle not designated or intended for the use of passengers. This provision shall not apply to any employee engaged in the necessary discharge of a duty, or to persons riding within truck bodies in space intended for merchandise. Sec. 84­10. Boarding or alighting from moving vehicles. No person shall board or alight from any vehicle while such vehicle is in motion. Sec. 84­11. Clinging to vehicles. No person riding upon any bicycle, motorcycle, coaster, sled, roller skates or any toy vehicle shall attach any such device or himself to any vehicle upon any roadway. State law references: Similar provisions, V.T.C.A., Transportation Code § 551.102. Sec. 84­12. Use of roller skates, coasters, similar devices on roadway. No person upon roller skates, or riding in or by means of any coaster, toy vehicle or similar device shall go upon any roadway except while crossing a street on a crosswalk; and, when so crossing, such person shall be granted all of the rights and shall be subject to all of the duties applicable to pedestrians. State law references: Authority of city to regulate roller skaters, V.T.C.A., Transportation Code § 542.202(a)(5). Sec. 84­13. Dangerous substances not to be deposited in street. No person shall throw or deposit upon any street or alley any glass bottle, glass, nails, tacks, wire, cans or any other substance likely to February 14, 2012 Sec. 84­14. Accident reports. (1) Police department if the accident occurred in the city; (2) Police department or the sheriff's office if the accident occurred not more than 100 feet outside the limits of the city; or (3) Sheriff's office or the nearest office of the department if the accident is not required to be reported under subsection (a)(1) or (2) of this section. (b) If a section of road is within 100 feet of the limits of more than one municipality, the municipalities may agree regarding the maintenance of reports made under subsection (a)(2) of this section. A county may agree with municipalities in the county regarding the maintenance of reports made under subsection (a)(2) of this section. An agreement under this subsection does not affect the duty to report an accident under subsection (a) of this section. (c) The police department shall receive and properly file all accident reports made to it under state law or under this section, but all such accident reports made by drivers shall be for the confidential use of the police department, and no such report shall be admissible in any civil or criminal proceedings other than upon request of the person making such report or upon request of the court having jurisdiction to prove a compliance with the law requiring the making of such report. (d) The police department shall maintain a suitable system of filing traffic accident reports. Accident reports or cards referring to them shall be filed alphabetically by location. Such reports Clifton Code of Ordinances Page 170 shall be available for the use and information of the chief of police. clerk. Such report shall contain information on traffic matters in the city as follows: State law references: Similar provisions, V.T.C.A., Transportation Code § 550.026. (1) The number of traffic accidents, the number of persons killed, the number of persons injured, and other pertinent traffic accident data. Sec. 84­15. Accident investigations, studies. (a) It shall be the duty of the police department to investigate traffic accidents and to arrest and to assist in the prosecution of those persons charged with violations of law causing or contributing to such accidents. (2) The number of traffic accidents investigated and other pertinent data on the safety activities of the police. (b) Whenever the accidents at any particular location become numerous, the police department shall conduct a study of such accidents and determine remedial measures which should be taken. Sec. 84­19. Giving false information in promise to appear for traffic violation. Sec. 84­16. Application of chapter to persons propelling pushcarts, riding animals. Every person propelling any pushcart or riding any animal upon a roadway, and every person driving any animal‐drawn vehicle, shall be subject to the provisions of this chapter applicable to the driver of any vehicle except those provisions which, by their very nature, can have no application. State law references: Similar provisions, V.T.C.A., Transportation Code § 542.003. Sec. 84­17. Application of chapter to drivers of government vehicles. The provisions of this chapter shall apply to the driver of any vehicle owned by or used in the service of the United States government, this state, county or city; and it shall be unlawful for any such driver to violate any of the provisions of this chapter except as otherwise permitted in this chapter or by state statute. State law references: Similar provisions, V.T.C.A., Transportation Code § 542.002. Sec. 84­18. Annual traffic report. The police department shall annually prepare a traffic report, which shall be filed with the city February 14, 2012 (3) The plans and recommendations of the department for future traffic safety activities. It shall be unlawful for any person, when giving a written promise to appear, or when given a written notice by any police officer to appear before the municipal court to answer for an offense against any traffic law of this state, or any provision of this chapter or other traffic ordinance provision of the city, to give an assumed or fictitious name or a false place of residence or address, or any other than the true name and the true place of his residence or address, upon the request of such officer. Sec. 84­20. Helmet required for children riding or operating bicycles or electric bicycles. (a) It is unlawful for any child to operate or ride upon a bicycle or electric bicycle, or any sidecar, trailer, child carrier, seat or other device attached to a bicycle or electric bicycle by any means unless the child is wearing a helmet. (b) It is unlawful for a parent to allow or permit a child to operate or ride a bicycle or electric bicycle, or any sidecar, trailer, child carrier, seat or other device attached to a bicycle or electric bicycle unless the child is wearing a helmet. (c) It is a defense to prosecution that the bicycle or electric bicycle was not being operated upon a public way at the time of the alleged offense. Secs. 84­21 thru 84­50. Reserved. Clifton Code of Ordinances Page 171 ARTICLE II. OPERATION OF VEHICLES GENERALLY direction, V.T.C.A., Transportation Code § 542.202(a)(10). Sec. 84­51. Prohibiting turns at intersections. Sec. 84­54. Certain one­way streets and alleys designated. (a) The chief of police is authorized, subject to approval by the city council, to determine those intersections at which drivers of vehicles shall not make a right turn, left turn or U‐turn, and shall place proper signs at such intersections. The making of such turns may be prohibited between certain hours of any day and permitted at other hours, in which event that information shall be plainly indicated on the signs or they may be removed when such turns are permitted. (b) Whenever authorized signs are erected indicating that no right turn, left turn or U‐turn is permitted, no driver of a vehicle shall disobey the directions of such signs. Sec. 84­52. U­turns. No U‐turn shall be made by the driver of any vehicle at any intersection where electric traffic control signals or stop signs are in operation. U‐
turns are prohibited between intersections but may be made at intersections where no such traffic control devices are in operation unless such turn is prohibited as provided in section 84‐51. Turning from a parked position to the left between intersections to travel in the opposite direction is defined as a U‐turn within the meaning of this section. Sec. 84­53. One­way streets and alleys. Whenever the city council designates any one‐
way street or alley, the chief of police shall place and maintain signs giving notice of such one‐way street or alley; and no such regulation shall be effective unless such signs are in place. Signs indicating the direction of lawful traffic movement shall be placed at every intersection where movement of traffic in the opposite direction is prohibited. State law references: Authority of city to designate one‐way highways and require vehicles thereon to move in one specific February 14, 2012 The following streets or alleys are designated as one‐way streets: Avenue "C". Effective June 1, 2004, North Avenue "C" shall cease to be designated as a one‐way street from the intersection of West Third to FM 219 and shall return to two‐way traffic with parallel parking on both sides of the street, as appropriate. Avenue "I". South Avenue "I" shall be a one‐way street in a northerly direction from West 15th Street to its intersection with West 13th Street daily, on school days, from 7:30 a.m. until 3:30 p.m. West 11th Street. West 11th Street shall be a one‐way street in an easterly direction from South Avenue "J" to South Avenue "H." West 13th Street. West 13th Street shall be a one‐way street in a westerly direction from the intersection of South Avenue "I" to the intersection of South Avenue "J" daily, on school days, from 7:30 a.m. until 3:30 p.m. Sec. 84­55. Obstructing traffic generally. It shall be unlawful for any person to stop, drive or propel a vehicle in such manner as to block or obstruct the traffic on any street or alley of the city. Sec. 84­56. Obstructing intersection or crosswalk. No driver shall enter an intersection or a marked crosswalk unless there is sufficient space on the other side of the intersection or crosswalk to accommodate the vehicle he is operating without obstructing the passage of other vehicles or pedestrians, notwithstanding any traffic control signal indication to proceed. Sec. 84­57. Driving in processions. Each driver in a funeral or other procession shall drive as near to the right‐hand edge of the Clifton Code of Ordinances Page 172 roadway as practical and shall follow the vehicle ahead as close as is practical and safe. Sec. 84­58. Driving between vehicles of procession. No driver of a vehicle, except authorized emergency vehicles, shall drive between the vehicles comprising a funeral or other authorized procession while they are in motion and when such vehicles are conspicuously identified. This provision shall not apply at intersections where traffic is controlled by traffic control signals or police officers. Sec. 84­59. Driving on fresh pavement. It shall be unlawful for any person to drive any vehicle upon any portion of any street in the city that has been freshly paved unless all barriers or signal lights have been lawfully removed from the street indicating that the street is ready for travel. Sec. 84­60. Prohibition of engine braking. No person shall operate or permit the operation of the engine of a motor vehicle so as to assist in braking or slowing the vehicle through the use of gears or through the use of any engine brake or engine retarding device on any public right‐of‐way, including all City‐maintained streets and state‐maintained roadways SH 6, FM 219, and FM 3220 within the corporate limits of the city. Secs. 84­60 thru 84­90. Reserved. ARTICLE III. TRAFFIC CONTROL DEVICES State law references: Authority of city to regulate traffic by traffic control devices, V.T.C.A., Transportation Code § 542.202(a)(1); authority of city to designate stop intersections, V.T.C.A., Transportation Code §§ 542.202(a)(8), 544.003; duty of drivers with respect to stop signs, V.T.C.A., Transportation Code §§ 544.010, 545.153. Sec. 84­91. Consistency with state regulations. February 14, 2012 All traffic control devices, including signs, signals and markings (pavement and/or curb), installed or used for the purpose of directing and controlling traffic within the city shall conform with the manual. V.T.C.A., Transportation Code ch. 544, provides that all traffic control devices erected or used by the City of Clifton must conform to the manual. All traffic control devices being consistent with the manual, state law and this article shall be official traffic control devices. State law references: Similar provisions, V.T.C.A., Transportation Code § 544.002. Sec. 84­92. Installation. (a) The city council shall by ordinance direct that the public works administrator shall have the duty of erecting or installing upon, over, along or beside any highway, street or alley signs, signals and markings, or cause them to be erected, installed or placed in accordance with this article and consistent with the manual. These traffic control devices shall be installed immediately, or as soon as such specific device, sign or signal can be procured. (b) Whenever the public works administrator has erected and installed any official traffic control device, signal or sign at any location in the city, or has caused the installation to be done under his direction, in obedience to this article and the manual, he shall thereafter file a report with the city secretary in writing and signed officially by the public works administrator, stating the type of traffic control device, sign or signal, and when and where it was erected and installed. The city secretary shall file and maintain such report of the public works administrator among the official papers of the office of the city secretary. Sec. 84­93. Unlawful installation. It being unlawful for any unauthorized person other than the public works administrator, acting pursuant to an ordinance of the city, to install or cause to be installed any signal, sign or device purporting to direct the use of the streets or the activities on those streets of Clifton Code of Ordinances Page 173 pedestrians, vehicles, motor vehicles or animals, proof, in any prosecution for a violation of this article or any traffic ordinance of the city that any traffic control device, sign, signal or marking was actually in place on any street shall constitute prima facie evidence that it was installed by the public works administrator pursuant to the authority of this article and of the ordinance directing the installation of such device, signal or marking. Sec. 84­94. General powers and duties of chief of police relative to devices. The chief of police shall place and maintain traffic control signs, signals and devices when and as required under this article to make effective the provisions of this article, and may place and maintain such additional traffic control devices as he may deem necessary to regulate traffic under this article or under state law, or to guide or warn traffic. It shall be the duty of the chief of police to supervise the installation and proper timing and maintenance of traffic control devices. Sec. 84­95. Designation of crosswalks and safety zones and marking traffic lanes. violation, an official sign is not in proper position and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular section does not state that signs are required, such section shall be effective even though no signs are erected or in place. Sec. 84­97. Installation of traffic lights. The chief of police, as authorized by the city council, shall designate intersections at which traffic shall be controlled by electric traffic control signals or lights and shall cause such signals or lights to be installed and maintained at such intersections. Sec. 84­98. Ratification of existing devices. All traffic control devices, including signs, signals and markings of streets and curbs in existence on September 8, 1998, are ratified and adopted by the city as valid and enforceable traffic control devices. The public works administrator is directed to list all such traffic control devices in existence as of September 8, 1998, and to deliver the list to the city secretary. Secs. 84­99 thru 84­130. Reserved. The chief of police is hereby authorized: ARTICLE IV. SPEED (1) To designate and maintain, by appropriate devices, marks or lines upon the surface of the roadway, crosswalks at any intersection where, in his opinion, there is particular danger to pedestrians crossing the roadway, and at such other places as he may deem necessary. State law references: Prima facie speed limits, V.T.C.A., Transportation Code § 545.352; authority of city to alter speed limits, V.T.C.A., Transportation Code § 545.356. (2) To establish safety zones of such kind and character and at such places as he may deem necessary for the protection of pedestrians. (3) To mark lanes for traffic on street pavements at such places as he may deem advisable, consistent with this article and other traffic ordinances of this city. Sec. 84­96. Necessity of signs. No provision of this article for which signs are required shall be enforced against an alleged violator if, at the time and place of the alleged February 14, 2012 Sec. 84­131. Maximum limits generally. No person shall operate or drive any vehicle on any street within the city at a greater speed than 30 miles per hour unless signs are erected designating another speed in accordance with this article or state law. Sec. 84­132. Specific speed limits. (a) The section of highway described as follows: On FM 219 from the west city limit to the east for a distance of 0.559 mile, the speed limit shall be 40 mph; then for a distance of 0.200 mile, the speed limit shall be 30 mph except Clifton Code of Ordinances Page 174 during times of egress and ingress to the school, in which case the speed limit shall be 25 mph; then for a distance of 0.485 mile, the speed limit shall be 30 mph; then for a distance of 0.250 mile (to the east city limit), the speed limit shall be 40 mph; is regulated as to the speed of motor vehicles traveling within such section in any direction as evidenced by the plan attached to the ordinance from which this subsection derives; which is hereby approved and made a part of the ordinance from which this subsection derives; and it shall be unlawful for any person to drive a vehicle at a speed in excess of any speed so declared in the ordinance from which this subsection derives when signs are in place giving notice of such speed. (b) The section of highway described as follows: On SH 6, beginning at the north city limit and proceeding to the south, the speed limit shall be 50 mph for a distance of 0.300 mile; then the speed shall be 45 mph for a distance of 0.474 mile; then the speed limit shall be 35 mph for a distance of 0.350 mile; then the speed limit shall be 30 mph for a distance of 0.310 mile; then the speed limit shall be 35 mph for a distance of 0.310 mile, except in a section during periods of ingress and egress to the school, the speed limit shall be 25 mph for a distance of 0.155 mile; then to the south city limit, the speed limit shall be 45 mph for a distance of 0.320 mile; is regulated as to the speed of motor vehicles traveling within such section in any direction as evidenced by the plan attached to the ordinance from which this subsection derives, which is approved and made a part of the ordinance from which this subsection derives; and it shall be unlawful for any person to drive a vehicle at a speed in excess of any speed so declared in the ordinance from which this subsection derives, when signs are in place giving notice of such speed. (c) The section of street described as follows: The speed limit on Hillside Drive, beginning at the intersection with 13th Street, and February 14, 2012 proceeding to the intersection of 9th Street shall be 15mph. On Hillside Drive, within 50 feet of the intersection with 9th Street, the speed limit shall be 5mph. It shall be unlawful for any person to drive a vehicle in excess of these speeds when signs giving notice are in place. Sec. 84­133. Criteria for establishment of school zones. (a) Purpose. The purpose of a reduced speed school zone is to increase driver awareness and to promote lower vehicle speed at a location where school children are crossing a roadway. Reduced speed school zones are generally located on major thoroughfares and where there are no other traffic control devices to slow or halt the major flow of traffic. Except where determined by an engineering investigation, reduced speed school zones should not be installed at crossings protected by a traffic signal or an all‐way stop since these devices provide a higher degree of crossing protection. (b) Criteria for installation. (1) Reduced speed school zones may be installed at an established school crossing that exhibits any of the following conditions: a. On streets directly adjacent to elementary school grounds when considered necessary for pedestrian safety; or b. At an uncontrolled intersection or mid‐block crossing where an adult school crossing guard has been assigned; or c. At an uncontrolled intersection or mid‐block crossing where an adult crossing guard or student safety patrol has not been assigned and where: d. 40 or more school aged pedestrians cross during a contiguous two‐hour period or 20 or more school aged pedestrians during a one‐hour period; and e. 200 or more vehicles per hour (total for both directions) during the same period that students are crossing; and Clifton Code of Ordinances Page 175 f. The posted speed limit or the 85th; percentile speed is 35 m.p.h. or greater on the street being crossed; and g. There are no other crossings controlled by a traffic signal, an all‐way stop, adult crossing guard, or reduced speed school zone within 800 feet of the proposed location on the same street. (2) Other factors to be considered in determining when to install a reduced speed school zone at a proposed location include: a. The age of the children utilizing the proposed crossing. b. The available sight distance to the proposed crossing. c. The availability and proximity of sidewalks to the proposed crossing. (c) School zone speed limits generally. Reduced speed school zones should be operated at 20 m.p.h. or 15 m.p.h. below the normal speed limit for the street, whichever is higher. Sec. 84­134. Speed limits thru School zones. Upon the basis of an engineering and traffic investigation, heretofore made, as authorized by the provisions of Section 169, Article 6701d, V.T.C.S., the Uniform Act Regulating Traffic on Highways, the prima facie speed limit of 20 m.p.h., for vehicles is hereby determined and declared to be prima facie reasonable and prudent, and the rate of 20 m.p.h. is hereby fixed for vehicles traveling upon the following named streets, or parts thereof, during the hereinafter designated hours, either when such hours are described on official school zone speed limit signs located at said zones, or when the school zone signs bearing a flashing amber light and located at said zones are in operation. The location of said school zones and the hours during which said speed zones shall be in effect are as follows: (1) Regular school days: As published by the Clifton Independent School District for the current school year. February 14, 2012 Locations
In Effect
South Avenue J, from Alpha :00 a.m. thru 4:00
St. To W. 13th St.
p.m.
South Avenue I, from W.
13th St. To W. 15th St.
:00 a.m. thru 4:00
p.m.
South Avenue H, from W.
11th St. To W. 13th St.
:00 a.m. thru 4:00
p.m.
West 11th Street, from S.
Ave. J To S. Ave. H
:00 a.m. thru 4:00
p.m.
West 13th Street, from S.
Ave. J To S. Ave. I
:00 a.m. thru 4:00
p.m.
West 15th Street, from SH 6 :00 a.m. thru 4:00
To S. Ave. J
p.m.
Key Street, from FM 3220
To Olsen Boulevard
:00 a.m. thru 4:00
p.m.
North Avenue Q, from FM
3220 To Olsen Boulevard
:00 a.m. thru 4:00
p.m.
Secs. 84­136 thru 84­165. Reserved. ARTICLE V. STOPPING, STANDING AND PARKING Sec. 84­166. Specific locations. (a) Avenue G and Fifth Street. (1) It shall be unlawful for any person or any owner or operator to leave parked or standing any truck tractor, road tractor, truck trailer, semitrailer, or any other motor vehicle or vehicle on streets known within the city limits as North Avenue G, South Avenue G, East Fifth Street, and West Fifth Street (including city rights‐of‐way). (2) It is not intended by this subsection to make provisions pertaining to abandoned motor vehicles as that term is defined by the Abandoned Motor Vehicle Act (V.T.C.A., Transportation Code ch. 683), nor to be in conflict with section 84‐176 or 84‐178. (b) SH 6. When signs are in place giving notice, no person shall park or leave standing a motor vehicle at any time, except during emergencies, on the pavement or shoulder areas on either side of SH 6 within the city limits. Clifton Code of Ordinances Page 176 Sec. 84­167. Prohibited for certain purposes. No person shall stand or park a vehicle upon any roadway for the principal purpose of: (1) Displaying it for sale. (2) Washing, greasing, filling with gas or oil or repairing such vehicle except repairs necessitated by an emergency. Sec. 84­168. Ten feet of roadway to be left available for traffic. No person shall stop, stand or park any vehicle upon a street in such a manner or under such conditions as to leave available less than ten feet of the width of either lane of a roadway for free movement of vehicular traffic, except that a driver may stop temporarily during the actual loading or unloading of passengers or when necessary in obedience to traffic regulations or traffic signs or signals of a police officer. Sec. 84­169. Designation and marking of parking spaces and areas where parking is prohibited or limited. (a) The city shall cause parking spaces to be maintained and marked off in and on such streets and parts of streets or other city property as may be designated by the city council, and the city shall cause spaces in which parking is prohibited to be maintained and marked off in and on such streets and parts of streets or other city property as may be designated by the city council. The city shall also cause time limit parking areas to be maintained and marked off in and on such parts of streets as may be designated by the city council. All such spaces or areas shall be clearly indicated by appropriate signs or markings on the pavement. (b) In areas designated as time limit parking areas, parking may be limited to any period prescribed by the council, to be designated with clearly distinguishable markings or signs at both ends of the time limit area and at reasonable intervals between the beginning and ending of such time limit area, indicating the time allowed for parking in such area. February 14, 2012 (c) Any time limit on parking established under this section shall apply on such days and between such hours as prescribed by the council. Sec. 84‐170. Parking in prohibited areas; overtime parking. It shall be unlawful for any person to cause, allow, permit or suffer any vehicle registered in his name or owned or operated by him or in his possession or under his control to be or remain in any space or area in which parking is prohibited as provided in section 84‐169, or in a time limit parking area for a longer period of time than that designated by the markings on the street or by signs clearly visible. Sec. 84­171. Parallel and angle parking. (a) On one‐way streets, vehicles may be parked on the left side of the street, with the left‐hand wheels within 18 inches of the curb or edge of the roadway unless signs prohibit such parking. (b) The city shall determine upon which streets angle parking shall be permitted and shall mark or sign such streets, but such angle parking shall not be indicated upon any federal‐aid or state highway within this city unless the director of the state department of transportation has determined that the roadway is of sufficient width to permit angle parking without interfering with the free movement of traffic. Angle parking shall not be indicated or permitted at any place where passing traffic would be caused or required to drive upon the left side of the street or upon any railway tracks. (c) Upon those streets which have been signed or marked for angle parking, no person shall park or stand a vehicle other than at the angle to the curb or edge of the roadway indicated by such signs or markings. Whenever parking spaces are marked by lines on the pavement, whether for parallel or angle parking, a vehicle must be parked entirely within the lines of the parking space. Clifton Code of Ordinances Page 177 State law references: Similar provisions, V.T.C.A., Transportation Code § 545.303. Sec. 84­172. Parking or standing in alleys. No person shall park a vehicle within an alley in such a manner or under such conditions as to have available less than ten feet of the width of the roadway for the free movement of vehicular traffic, and no person shall stand or park a vehicle within an alley in such position as to block the driveway entrance to any abutting property. Sec. 84­173. Loading and unloading generally. All freight trucks shall be loaded and unloaded from an alley entrance, if practicable. Where conditions are such as to make the loading or unloading thereof from an alley impracticable, such trucks shall be parked on the street in accord with all applicable provisions of this article and state law. Sec. 84­174. Permit to back to curb for loading or unloading. The chief of police is authorized to issue special permits to permit the backing of a vehicle to the curb for the purpose of loading or unloading merchandise or materials subject to the terms and conditions of such permit. Such permits may be issued either to the owner or lessee of real property or to the owner of the vehicle and shall grant to such person the privilege as stated in the permit and authorized in this section, and it shall be unlawful for any permittee or other person to violate any of the special terms or conditions of any such permit. Sec. 84­175. Designation and use of curb loading zones. (a) The city shall determine the location of passenger and freight curb loading zones and shall place and maintain appropriate signs indicating such zones and stating the hours during which the provisions of this section are applicable, where the dimensions of the streets and sidewalks, the flow of traffic and the use of February 14, 2012 property abutting the streets are such that it is necessary for the free flow and expeditious handling of traffic and the safety of persons and property. (b) No person shall stop, stand or park a vehicle for any purpose or period of time other than for the expeditious loading or unloading of passengers in any place marked as a passenger curb loading zone during hours when the regulations applicable to such curb loading zones are effective, and then only for a period not to exceed three minutes. (c) No person shall stop, stand or park a vehicle for any purpose or length of time other than for the expeditious unloading and delivery or pickup and loading of materials in any place marked as a freight curb loading zone during hours when the provisions applicable to such zones are in effect. In no case shall the stop for loading and unloading of materials exceed 30 minutes. Sec. 84­176. Impoundment of standing or parked vehicles. (a) Members of the police department are authorized to remove a vehicle from a street or highway to the nearest garage or other place of safety, or to a garage or parking lot designated or maintained by the police department or otherwise maintained by the city, under the following circumstances: (1) When a vehicle upon a roadway is so disabled as to constitute an obstruction to traffic and the person in charge of the vehicle is, by reason of physical injury, incapacitated to such an extent as to be unable to provide for its custody or removal. (2) When any vehicle is left unattended upon a street and is so parked illegally as to constitute a definite hazard or obstruction to the normal movement of traffic. (3) When any vehicle is left unattended upon a street and is so parked illegally as to constitute a definite obstruction to employees of the city engaged in cleaning the street upon which the vehicle is illegally parked, or when any vehicle is Clifton Code of Ordinances Page 178 illegally parked and constitutes an obstruction to access by city employees for city purposes. (b) If a nonresident of the city has failed on more than one occasion to comply with notice attached to an illegally parked vehicle owned by him, and warrants have been issued for his arrest but not served because of his absence, the police are authorized to impound his vehicle as provided in this section, when such vehicle is next found left unattended upon a street and illegally parked. (c) Whenever an officer removes a vehicle from a street as authorized in this section and the officer knows or is able to ascertain from the registration records in the vehicle the name and address of the owner, such officer shall immediately give or cause to be given notice in writing to such owner of the fact of such removal and the reasons for the removal and of the place to which such vehicle has been removed. If any such vehicle is stored in a public garage, a copy of such notice shall be given to the proprietor of such garage. (d) Whenever an officer removes a vehicle from a street under this section and does not know and is not able to ascertain the name of the owner, or for any other reason is unable to give the notice to the owner as provided, and if the vehicle is not returned to the owner within a period of three days, the officer shall immediately send or cause to be sent a written report of such removal by mail to the state department of transportation. Such notice shall include a complete description of the vehicle; the date, time and place from which removed; the reasons for such removal; and the name of the garage or place where the vehicle is stored. (e) If a vehicle is removed from a street under this section, the owner of the vehicle shall pay, in addition to the fine, if any, assessed against him, reasonable costs incurred in removing the vehicle from the street, and reasonable storage for the time the vehicle is stored in a garage or parking lot. February 14, 2012 State law references: Removal of unlawfully stopped vehicle, V.T.C.A., Transportation Code § 545.305. Sec. 84­177. Presumption that owner of vehicle illegally parked vehicle. In any prosecution charging a violation of any law or regulation governing the standing or parking of a vehicle, proof that the particular vehicle described in the complaint was parked in violation of any such law or regulation, together with proof that the defendant named in the complaint was, at the time of such parking, the registered owner of such vehicle, shall constitute in evidence a prima facie presumption that the registered owner of such vehicle was the person who parked or placed such vehicle at the point where, and for the time during which, such violation occurred. Sec. 84­178. Parking of trucks rated 2 1/2­tons or more. (a) It shall be unlawful for any person or any owner to leave, park or stand any truck tractor, road tractor, truck trailer, semitrailer, or any other commercial motor vehicle with a rated capacity of at least 2 1/2 tons (according to the manufacturer's classification) in the following areas: (1) Upon streets, alleys or public or private property within or providing the boundary of any area zoned as a single‐family dwelling district, two‐family dwelling district, or multiple‐
family dwelling district as established by the zoning ordinance of the city; or (2) Upon streets, alleys or public property within or providing the boundary of any area zoned as a commercial district and marked with "No Truck Parking" signs. This section shall not preclude parking in properly designated and marked truck parking areas in any location, as may be established from time to time by the city council, or in the rights‐of way of state‐maintained highways where parking is permitted and appropriate signs are displayed. This section shall not prevent the parking or standing of the above‐
Clifton Code of Ordinances Page 179 described vehicles in any of the named zones for the purpose of expeditiously loading and unloading passengers, freight, or merchandise. Notwithstanding any other provision of this article, or of V.T.C.A., Transportation Code ch. 552, the driver of a vehicle shall: When the boundary of a zoning classification is a street, the boundary line referred to in (a)(1) and (a)(2) shall be the middle of said street unless otherwise determined by the city council on a case‐by‐case basis. (1) Exercise due care to avoid colliding with a pedestrian on a roadway; (b) Penalty. Any person violating any provision of this section shall be deemed guilty of a misdemeanor and upon conviction shall be fined in accordance with Section 1‐9. Sec. 84­179. Parking on Property Zoned R­1, R­2, R­3, or C­1 No motor vehicles, trailers, recreational vehicles, other vehicles or other similar equipment are allowed to be parked in the front yard of a lot, except on an improved driveway made of concrete, paving material, or gravel, and which conforms to the International Building Code. Secs. 84­180­84­210. Reserved. ARTICLE VI. PEDESTRIANS Sec. 84­211. Application of article. Pedestrians shall be subject to traffic control signals as provided in this chapter or by law, but at all other places pedestrians shall be granted those rights and be subject to the restrictions stated in this article and in V.T.C.A., Transportation Code ch. 552. Sec. 84­212. Manner of crossing roadway. No pedestrian shall cross a roadway at any place other than by a route at right angles to the curb or by the shortest route to the opposite curb, except in a crosswalk or in the manner authorized by a traffic control device. State law references: Similar provisions, V.T.C.A., Transportation Code § 552.005. Sec. 84­213. Drivers to exercise due care. February 14, 2012 (2) Give warning by sounding the horn when necessary; and (3) Exercise proper precaution on observing a child or an obviously confused or incapacitated person on a roadway. State law references: Similar provisions, V.T.C.A., Transportation Code § 552.008. Secs. 84­214 thru 84­245. Reserved. ARTICLE VII. JUNKED VEHICLES Sec. 84­246. Definitions. Terms used in this article shall be defined as provided in V.T.C.A., Transportation Code §§ 683.001 and 683.071. Sec. 84­247. Notice by chief of police of public nuisance. (a) Whenever it is brought to the attention of the chief of police that a public nuisance upon private property exists in the city in violation of V.T.C.A., Transportation Code § 683.073, the chief of police shall give or cause to be given, in writing, a ten‐day notice, stating the nature of the public nuisance and that it must be removed and abated within ten days after the date on which the notice was mailed, and that a request for a hearing must be made before the expiration of the ten‐day period. The notice shall be mailed by certified mail with a five‐day return requested, to the last known registered owner of the nuisance, each lien holder of record of the nuisance, and the owner or occupant of the property on which the public nuisance is located. If the notice is returned undelivered by the United States Postal Service, official action to abate the public nuisance shall be continued to a date not less than 11 days from the date of the return. Clifton Code of Ordinances Page 180 (b) Whenever it is brought to the attention of the chief of police that a public nuisance upon public property exists in the city in violation of V.T.C.A., Transportation Code § 683.073, the chief of police shall cause to be given a notice, setting out the nature of the public nuisance on public property or on a public right‐of‐way, that the nuisance must be removed and abated within ten days after the date on which the notice was mailed, and that a request for a hearing must be made before the expiration of the ten‐day period. The notice shall be mailed by certified mail, with a five‐day return requested, to the last known registered owner of the nuisance, each lien holder of record of the nuisance, and the owner or occupant of the public premises or the owner or occupant of the property adjacent to the public right‐of‐way upon which the public nuisance exists. If the post office address of the last known registered owner of the vehicle is unknown, notice to that owner may be placed on the vehicle; or, if the last known registered owner is physically located, the notice may be hand delivered. If any notice is returned undeliverable by the United States Postal Service, official action to abate the public nuisance shall be continued to a date not less than 11 days after the return. (c) A public hearing shall be had prior to the removal of the vehicle or part as a public nuisance, and shall be held before the municipal judge when the hearing is requested by the owner or occupant of the premises upon which the vehicle is located within 11 days after service of notice to abate the nuisance. Any order requiring the removal of the junked vehicle or part shall include a description of the vehicle and the correct identification number and license plate number of the vehicle, if available at the site. Unless otherwise demonstrated by the owner, it shall be presumed at the hearing that the junked vehicle is inoperable. Sec. 84­248. Order by municipal judge. After the hearing is held by the municipal court, if the municipal judge finds that a public nuisance exists, the municipal judge shall order February 14, 2012 the owner or occupant of the premises on which the public nuisance is located to remove and abate it within ten days after the order is given. Sec. 84­249. Duty of owner or occupant of premises. If the owner or occupant of the premises does not request a hearing as provided in this article, it shall be his duty to comply with the provisions of the notice given him and to remove and abate the nuisance within ten days after the notice was mailed. Failure to remove or otherwise abate the nuisance following receipt of the notice from the chief of police, or failure to remove or otherwise abate the nuisance following the municipal judge's order, constitutes a violation of this article. Sec. 84­250. Notice to state department of transportation. Notice shall be given to the state department of transportation within five days after the date of removal identifying a junked vehicle or part. Sec. 84­251. Vehicles not to be made operable. After a junked vehicle has been removed under the provisions of this article, it shall not be reconstructed or made operable. Sec. 84­252. Inapplicability of article. This article does not apply to a vehicle or vehicle part that is: (1) Completely enclosed in a building in a lawful manner and is not visible from the street or other public or private property; or (2) Stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer or junkyard, or that is an antique or special interest vehicle stored by a motor vehicle collector on the collector's property, if the vehicle or part and the outdoor storage area, if any, are: a. Maintained in an orderly manner; b. Not a health hazard; and Clifton Code of Ordinances Page 181 c. Screened from ordinary public view by appropriate means, including a fence, rapidly growing trees, or shrubbery. Sec. 84­253. Administration of article. (a) The administration of this article shall be by regularly salaried, full‐time employees of the city; except that the removal of vehicles or parts from property may be by any other duly authorized person. (b) A person authorized by this article to administer its procedures may enter upon private property for the purposes specified in this article and to examine a junked vehicle or vehicle part, obtain information as to the identity of the junked vehicle or vehicle part, and/or remove or cause the removal of a junked vehicle or vehicle part that constitutes a nuisance. Sec. 84­254. Removal of vehicles. Not less than 11 days after notice has been mailed to the owner or occupant of the premises on which a junked vehicle is located if a hearing is not requested, or if a hearing is requested, within ten days after an order requiring the abatement and removal of the junked vehicle has been served upon or delivered to the owner or occupant of the premises on which the vehicle is located, the chief of police may, if the nuisance has not been abated, remove or cause to be removed the nuisance to a suitable city storage area designated by the city council. The junked vehicle shall be stored in that storage area for a period of not less than ten days, during which period any person owning or claiming any right, title or interest in it shall be entitled to take possession of it by the payment to the city of the actual cost to the city of abating the nuisance. The municipal judge may also require of the claimant a bond not to exceed $500, conditioned that the claimant will not use that vehicle to create another nuisance in the city. Sec. 84­255. Sale or disposal of vehicles. (a) When any junked vehicle has remained in a storage area for at least ten days, it shall be the February 14, 2012 duty of the chief of police to dispose of it by removal to a scrap yard or by sale to a motor vehicle demolisher for the highest bid or offer received or to remove it to any suitable site for processing as scrap or salvage. (b) Out of the proceeds of sale, the chief of police shall pay all costs of abatement and storage; and the balance, if any, shall be paid to the owner or lien holder. (c) If there is no bid or offer for the junked vehicle, the chief of police may dispose of it by causing it to be demolished or removed to a place provided by the city, or by permitting it to be removed by a motor vehicle demolisher who is willing to do so for the benefit of the salvage. Sec. 84­256. Purview of article. It is not intended by this article to make provisions pertaining to abandoned motor vehicles as that term is defined by the Abandoned Motor Vehicle Act (V.T.C.A., Transportation Code § 683.002), nor to be in conflict with section 84‐176. Secs. 84­257 thru 84­290. Reserved. ARTICLE VIII. RAILROADS __________ State law references: Authority of city relative to railroads, V.T.C.A., Local Government Code §§ 43.903, 273.003. Sec. 84­291. Duty to keep crossings in repair. Every railroad company operating a railroad in or through any part of the city shall keep that portion of its roadbed and right‐of‐way over which crosses any street or public road in the city in proper condition for the use of the traveling public. In case of any company's failure to comply with this section for 30 days after written notice so to do is given by the city, such company shall be guilty of a misdemeanor. State law references: Crossings of public roads, Vernon's Ann. Civ. St. art. 6327. Sec. 84­292. Drainage of roadbeds. Clifton Code of Ordinances Page 182 In no case shall any railroad company construct a roadbed in or through the city without first constructing the necessary culverts or sluices as the natural lay of the land requires for the drainage of the adjacent land. If any such company makes any culvert or sluiceway under its roadbed which is insufficient to carry all the water that flows to it, whenever the company is notified to enlarge such culverts or sluiceways within 20 days, by service of written notice upon the section boss in charge of the section where such obstruction exists, the company shall proceed to repair and enlarge the culvert or sluiceway within 20 days after service of such notice. Any railroad company failing to make the necessary repairs within such time shall be guilty of a misdemeanor. No city water or sewer lines shall be laid to service any person outside the city limits. Sec. 88­2. Service to new additions. The city will provide water and sewer service to new additions to the city, subject to the following conditions: (1) The customer shall pay all expenses of laying, installing, cost of pipe, etc., for the water line. (2) A contract shall be signed, before the addition is taken into the city, that the customer shall not be served with sewer unless he is within 50 feet of a main sewer line. State law references: Culverts or sluices, Vernon's Ann. Civ. St. art. 6328. (3) Plats of the new addition shall accompany the petition, which plats shall be drawn by a licensed engineer and recorded in the county records. Sec. 84­293. Jumping on or off or clinging to moving trains. Sec. 88­3. Report of violations of chapter. Whoever, not being an employee or passenger of any railroad car or engine or train, shall jump on or off of the train, or shall cling to or hang onto any car or locomotive while the train is in motion, shall be guilty of a misdemeanor. CHAPTERS 85 THRU 87 RESERVED CHAPTER 88 UTILITIES Secs. 88­4 thru 88­35. Reserved. State law references: Plumbing and sewers, V.T.C.A., Local Government Code § 214.011 et seq.; municipal utilities, Vernon's Ann. Civ. St. art. 1106 et seq.; water, V.T.C.A., Water Code § 1.001 et seq.; public utilities, V.T.C.A., Utilities Code ch. 1 et seq.; Public Utility Regulatory Act, V.T.C.A., Utilities Code ch. 11 et seq.; municipal water and utilities, V.T.C.A., Local Government Code § 401.001 et seq.; water quality control, V.T.C.A., Water Code § 26.001 et seq. ARTICLE I. IN GENERAL Sec. 88­1. Service not to be rendered outside city. February 14, 2012 It shall be the duty of all employees of the city, including officers and members of the police force, to report to the superintendent of the waterworks any violation of this chapter which comes to their attention. The superintendent shall report all such violations to the city council and shall forthwith proceed to have all such offenders prosecuted. ARTICLE II. WATER DIVISION 1. GENERALLY Sec. 88­36. Superintendent of the waterworks. (a) There shall be appointed by the city administrator a superintendent of the waterworks, who shall be the administrative officer of the waterworks system, including all engine houses, engines, pumps, reservoirs, standpipes, elevated tanks, pipe lines, hydrants, meters, wrenches, stopcocks, gate valves, fire plugs, testing equipment, and all other property and machinery used in or connected with the Clifton Code of Ordinances Page 183 waterworks system. He shall have general supervision over all employees of the waterworks system and shall make frequent trips of inspection over all pipe lines and all other property used in or connected with the waterworks system, and shall make all repairs deemed necessary and consistent with his duties. He shall also attend to and control the water supply and at all times see to its sufficiency, and shall notify the community, unless emergency requires otherwise, of the necessity of shutting off any pipe line for the purpose of making repairs, extensions, connections, etc., should he know beforehand the necessity to so shut off the water from any line or lines of the system. (b) In the performance of his duties as required by this section, the superintendent of the waterworks shall be subject at all times to the city ordinances, rules and regulations. He shall serve for such term and receive such compensation as may be fixed by the city council. Sec. 88­37. Water not to be furnished in absence of sewer; exception. No water service shall be furnished by the city to any customer unless he shall tie on to the city sewer, if a sewer line is within a reasonable distance. Sec. 88­38. Permit for water connection. It shall be unlawful for any person to make or permit to be made any connection with the main or service pipes of the waterworks system or to turn on or use the water of such system, without first obtaining a permit. Application for such permit shall be filed with the city, stating fully the several and various uses for which water is wanted, giving the name of the owner of the property, the number of the lot and block, the name of the street and house number. If the application is approved by the city, the permit shall be issued. Sec. 88­39. Separate water connections required; exception. February 14, 2012 Every premises connected with any water main, or being supplied with any water from the city waterworks, shall have a separate service connection, meter, curb stop box and curb cock; provided that, where a residence is not in reach of a city water main, arrangements may be made, at the option of the city, to secure water from another user of city water. Sec. 88­40. Water tapping fees. (a) The tapping fee for connections with the city water mains and laterals shall be as established by the council. (b) The fee referred to in subsection (a) of this section shall apply where the connection is made in dirt or gravel, and there shall be an additional charge where the excavation is made in paved or improved streets or surfaces. (c) The city shall be reimbursed for the actual cost to put the surface back to its original condition. Sec. 88­41. Water connections to be made by city. Upon the issuance of a permit under section 88‐
38 and the payment of the tapping fee prescribed by section 88‐40, the superintendent of the waterworks shall make, or have made, the necessary connections and furnish a cast iron curb stop box and curb cock, the cost of which is included in the tapping fee. Sec. 88­42. Setting of water meters. All water meters, whether private or belonging to the waterworks system, shall be set by the employees of the city. Sec. 88­43. Unlawful turning on of water supply. It shall be unlawful for any person to turn on the water supply to any building or to any supply pipe where the supply has been turned off for the nonpayment of the monthly water charge or for the violation of any rule or ordinance governing the waterworks system, without authority from the city. Sec. 88­44. Procuring water by fraud. Clifton Code of Ordinances Page 184 It shall be unlawful for any person to resort to any fraudulent device or arrangement for the purpose of procuring water for himself or others from private connections on premises contrary to this chapter and other city regulations or ordinances. Sec. 88­45. Interfering with or damaging waterworks property. (a) It shall be unlawful for any person to do, commit or assist in committing any of the following acts in the city: (1) To open or close any fire hydrant or stopcock connected with the waterworks system of the city or lift or remove the covers of any meter boxes, gate valves or shut‐offs of the system without the permission of the superintendent of the waterworks, except in case of fire, and then under the direction of officers of the fire department. (2) To interfere with, destroy, deface, impair, injure or wantonly force open any gate or door, or in any way whatsoever destroy, injure or deface any part of any engine house, reservoir, standpipe, elevated tank, building or appurtenance, fences, trees, shrubs, or fixtures or property appertaining to the waterworks system. (3) To go upon or ascend the stairway or steps on any elevated water storage tank or standpipe of the waterworks system, except by permission of the waterworks superintendent. (4) To place any telegraph, telephone or electric light pole or any obstruction whatsoever within three feet of any fire hydrant. (5) To interfere with or injure any reservoir, tank, fountain, hydrant, pipe, cock, valve or other apparatus pertaining to the waterworks system, or to turn on or off without authority the water in any street hydrant or other water fixture, or to hitch or tie any animal to a fixture. (6) To cover over or conceal from view any water valve box or water service or meter box. February 14, 2012 (7) To remove any water meter that has been placed by the city, or to any manner change, interfere with or tamper with any water meter. (b) The provision of this section shall not apply to the employees of the city when acting in their official capacity. Sec. 88­46. Report of water leaks or waste. It shall be the duty of all employees of the city, including officers and members of the police force, to report to the superintendent of the waterworks, upon blanks furnished for that purpose, any leaks or unnecessary waste of water that may come to their attention. Sec. 88­47. Service fee. Each water consumer shall pay in addition to the deposit described in section 88‐52 a service fee, as established by the council, for the turning on of his water. Sec. 88­48. Rates. Uniform monthly rates, as established by the council, shall be charged all persons inside the city limits for the use of city water. Sec. 88­49. All metered water to be charged for. All water that passes through the meter shall be charged for, whether used or not. Sec. 88­50. Charges when meter out of order. If a water meter gets out of order and fails to register, the consumer will be charged at the average daily consumption, as shown by the meter when in order. Sec. 88­51. Charges when one or more residence or business is served by the same connection. (a) When one or more residence or business is serviced by the same water connection under the provision of section 88‐39, the minimum monthly charge prescribed by sections 88‐48 and 88‐116, shall be charged for the one connection and all other water usage shall be Clifton Code of Ordinances Page 185 charged according to the rates set forth in sections 88‐48 and 88‐116 for all usage over paid minimum. The minimum plus all water used over the minimum shall be charged to the customer having such connection. (b) In the event of any future construction of multifamily dwellings, whether converted or new construction or where any more than one premises shall be serviced, there shall be individual meters for each unit, from January 12, 1984, forward. Sec. 88­52. Deposit to assure payment. (a) Each water consumer shall deposit with the city an amount established by the council to assure the payment of the charges prescribed by this article. Such deposit may be applied to the payment of any unpaid bills and, when so used, the deposit shall be restored to the original amount. Any unused portion of the deposit shall be refunded at any time the account or service is discontinued. (b) Any consumer that has service terminated due to nonpayment shall, in addition to all delinquent amounts and service fees, pay the additional amount that brings such consumer's deposit to the updated total amount as established by the council. (c) Any resident, business owner or business having more than one resident or business, with individual meters shall be required to post a one‐time deposit, as established by the council, to include all meters of the resident, business owner or business. The one deposit posted by a resident, business owner or business to cover multiple meters shall be granted only on approved credit with the city and only if that resident, business owner or business is directly responsible for payment of the multiple utility bill. Should the resident, business owner or business not have approved credit with the city, a deposit, as established by the council, will be required for each water meter. Sec. 88­53. Service generally. (a) Statements for water, sewer and garbage collection services (the "water bill") will be sent February 14, 2012 to customers on the last business day of each month. (b) Water bills are due by the fifth of each month, and are delinquent if payment is not received by the 15th of that month. Delinquent payments will be surcharged an amount as established by the council. (c) Delinquency notices will be sent on the first business day following the 15th of the month. Delinquency notices will include the delinquency surcharge and a notice that water service will be disconnected if payment in full is not received by the first of the following month. In hardship cases, delinquencies may be cured by a pay‐out agreement approved by the city secretary and entered into with the customer before service is disconnected. (d) Restoration of disconnected service will be in accordance with and subject to the fees and deposits required under current city tariff, just as a new customer account. (e) New service will not be connected, nor deposits accepted for services to tenant‐
occupied properties for which the owner has a delinquent account. Owners of tenant‐occupied property and new tenants of tenant‐occupied property which was previously billed to the account of a former tenant will not be liable for the delinquent account of the former tenant. The city will seek recovery only against the former tenant. (f) New owners of property will be required to pay a previous owner's delinquent account only if a lien has been duly perfected against the property. Sec. 88­54. Payment of charges; failure to pay. All charges for water service furnished or rendered by the city waterworks shall be payable at the office of the water department and, if not paid within ten days after they become due and payable, the city reserves the right to cut off and discontinue water service to the premises, and service shall not be reconnected and additional water shall not be Clifton Code of Ordinances Page 186 furnished until all past‐due accounts and charges are paid in full. Where service has been disconnected for failure to pay for service rendered, a charge, as established by the council, shall be made for each meter disconnected before such service shall be restored or water turned on again. If all charges for water service are not paid within 20 days of the due date, the superintendent of the waterworks shall cut off and discontinue such water service. Any customer furnished water service who fails to pay for such service shall be assessed a penalty, as established by the council, which shall be due per month until such past‐due charges have been paid. Sec. 88­55. Charges to continue until notice to discontinue service given; allowance when service discontinued. On‐channel reservoir refers to the impoundment on the North Bosque River at Riverside Drive in Clifton used for the purpose of retaining and holding water for transfer to the Surface Lake. Sec. 88­61. Restricted activities. (a) The following are prohibited within 1,000 feet of the in‐take facility in accordance with paragraph 290.41 (e)(2)(b) of the Rules and Regulations for Public Water Systems, Texas Natural Resource Conservation Commission: Boat launching ramps, marina, or floating fishing piers accessible by the public. (b) The following are prohibited within 200 feet of the in‐take facility in accordance with paragraph 290.41 (e)(2)(c) of the Rules and Regulations for Public Water Systems, Texas Natural Resource Conservation Commission: Any person wishing to discontinue the use of water supplied from the waterworks system must give notice to the city; otherwise the charges referred to in this article will be entered until such notice has been given. The charge for shutting off and turning on of such service shall be as established by the council, and no allowance will be made in any case for less than 30 days. (d) Release of any hazardous or potentially hazardous materials is prohibited on or within the natural drainage area of the on‐channel reservoir and the off‐channel reservoir. Secs. 88­56 thru 88­59. Reserved. Sec. 88­62. Penalties. DIVISION 1.5. CITY RESERVOIRS Each violation under Section 88‐61 is punishable by a fine in accordance with Section 1‐9. Sec. 88­60. Definitions. (Ord. of 5‐14‐2000) [The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:] All recreational activities and trespassing. (c) No unauthorized personnel are permitted at the off‐channel reservoir at any time. Secs. 88­63 thru 88­80. Reserved. DIVISION 2. WATER CONSERVATION Sec. 88­81. Legislative findings. In‐take facility refers to the pumping site within the on‐channel reservoir, including the concrete structures and associated pumping equipment. The recitals stated in Ordinance No. 961101 are found to be true and correct, and are adopted as the foundation and basis of this division. Off‐channel reservoir refers to the surface lake and drainage area located south and west of County Road 4290 in Bosque County, comprising the impoundment reservoir for the City of Clifton water supply system. Sec. 88­82. Plan adopted. February 14, 2012 (a) The City of Clifton Water Conservation Plan and Utility Survey (Exhibit #1) are approved and adopted as if set forth in full herein. Clifton Code of Ordinances Page 187 (b) The City of Clifton Drought Contingency Plan (Exhibit #2) is approved and adopted as if set forth in full herein. 1. Daily water demand exceeds 1,250,000 gallons or 90 percent of treatment or pumping capacity for four consecutive days. (c) The conservation goals and methods for the accomplishment of said goals is approved as stated in the water conservation plan and utility survey. 2. Minimum water pressure within the distribution system remains below 30 psi for 24 consecutive hours. (d) The mayor, or his/her designee, is granted the authority to implement and enforce the drought contingency plan. (e) The conditions for the implementation of drought stages is approved as set forth in the drought contingency plan. 3. Ground or elevated storage volume remains below 60 percent of capacity for two consecutive days. 4. There is impending or actual system component failure in conjunction with water demand exceeding 90 percent of reduced treatment, pumping or distribution capacity. (f) The fine for the violation of this division and the drought contingency plan included herein shall be as set forth in the Clifton Code of Ordinances section 1‐9. c. Stage three: severe conditions. Sec. 88­83. Guidelines. 2. Minimum water pressure within the distribution system remains below 30 psi for 36 consecutive hours. The following guidelines are adopted for managing demand during water supply emergencies: (1) Trigger conditions. The city will initiate appropriate demand management measures upon occurrence of any one of the following trigger conditions: a. Stage one: mild conditions. 1. Daily water demand exceeds 1,000,000 gallons or 80 percent of treatment or pumping capacity for seven consecutive days. 2. Minimum water pressure within the distribution system remains below 30 pounds per square inch (psi) for 12 consecutive hours. 3. Ground or elevated storage volume remains below 70 percent of capacity for two consecutive days. 4. There are impending or actual system component failures in conjunction with water demand exceeding 80 percent of reduced treatment, pumping or distribution capacity. b. Stage two: moderate conditions. February 14, 2012 1. Daily water demand exceeds 1,500,000 gallons or 100 percent of treatment or pumping capacity for three consecutive days. 3. Ground or elevated storage volume remains below 50 percent of capacity for two consecutive days. 4. There is impending or actual system component failure in conjunction with water demand exceeding 100 percent of reduced treatment, pumping or distribution capacity. 5. There is imminent failure of one or more water system components where immediate health or safety hazards may result. d. Stage four: critical conditions. 1. There is failure of one or more water system components resulting in immediate health or safety hazards. 2. There is contamination of water supply or other disaster. (2) Emergency demand management measures. The city will implement the following emergency demand management measures upon the occurrence of the defined trigger conditions: Clifton Code of Ordinances Page 188 a. Stage one. Under stage one trigger conditions, water conservation measures will be voluntary and will include: 1. Inform the public through the news media that a stage one mild trigger condition has occurred and encourage voluntary water use reductions. 2. Activate an information center and utilize the news media to distribute information on water conservation methods and on the emergency demand management plan adopted by the city. 3. Publicize a voluntary lawn watering schedule such that customers water lawns only on alternate calendar dates. Recommend lawn watering only between the hours of 6:00 thru 10:00 a.m. and 7:00 thru 11:00 p.m. b. Stage two. Under stage two trigger conditions, water conservation measures include both voluntary and mandatory measures as follows: 1. Inform the public through individual mailings and the news media that a moderate trigger condition has occurred and include a detailed description of voluntary/mandatory emergency demand management measures along with associated fines and enforcement procedures. 2. Implement a mandatory five‐day lawn watering schedule based on the last digit of the street address. Customers with street addresses ending in 0 or 9 may water the first day, 1 and 8 the second day, 2 and 7 the third day, etc. Lawn watering will be allowed only between the hours of 6:00 thru 10:00 a.m. and 7:00 thru 11:00 p.m. 3. Request a voluntary reduction of 20 percent in total water usage. 4. Prohibit car, pavement and window washing except when using a hand‐held bucket. 5. Prohibit water uses which are not essential for public health or safety, including, but not limited to: i. Filling of swimming pools; ii. Street washing; February 14, 2012 iii. Water hydrant flushing; and iv. Public park and athletic field water. c. Stage three. Under stage three trigger conditions, which are considered severe stage three conditions, conservation measures will be mandatory, and include the following: 1. Inform the public through individual mailings and the news media that a stage three severe trigger condition has occurred and include a detailed description of mandatory emergency demand management measures along with associated fines and enforcement procedures. 2. Prohibit all outdoor water use which is not essential for public health or safety. 3. Establish maximum water use amounts for each customer based on his individual average winter use amounts. Winter use is defined as the amount of water consumed during those months used by the city to determine an individual's wastewater flow (December, January, and February). 4. Implement a user surcharge for excessive water used based on customer type and meter size. d. Stage four. Under stage four trigger conditions, which are considered critical conditions, conservation measures will be mandatory, and include the following: 1. Continue implementation of all relevant actions established for less severe conditions. 2. Arrange for supplemental water supply from alternative sources. 3. Ration or terminate water service to selected portions of the system or classifications of customers according to a specified priority schedule. (3) Means of implementation. It will be the responsibility of the city to determine when a trigger condition is reached. When a trigger condition is reached, the city will begin implementation of the emergency demand management plan. The city will continue to monitor the water emergency until it is Clifton Code of Ordinances Page 189 determined that a trigger condition no longer exists and then advise all entities of the change in condition. (4) Initiation and termination procedures. With the occurrence of a trigger condition or when the occurrence of a trigger condition appears imminent, the public will be notified through announcements on television and radio and through publication of newspaper articles. In the event of occurrence of stage two trigger conditions, the public also will be notified by individual mailings. When trigger conditions have passed, the public will be notified immediately through the news media. (5) Contracts with wholesale customers. The city will, as part of a contract for sale of water to any wholesale customer, including other political subdivisions, require the customer to adopt applicable provisions of the city's water conservation and emergency demand management plan or already have a comparable plan in effect. These provisions will be through contractual agreement prior to the sale of water to the wholesale customer. (6) Penalty. Users of water from the city water system that do not comply with this section shall, upon conviction, be subject to a penalty and fined for each day of noncompliance and/or disconnection or discontinuance of water services to such users by the city. Secs. 88­84 thru 88­115. Reserved. ARTICLE III. WASTEWATER DIVISION 1. GENERALLY Sec. 88­116. Sewer rates. Sewer rates shall be as established by the council. Secs. 88­117 thru 88­135. Reserved. DIVISION 2. SEWER AND INDUSTRIAL WASTE STANDARDS The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Act or the act means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251 et seq. Approval authority means the director in an NPDES state with an approved state pretreatment program and the appropriate regional administrator in a non‐NPDES state or NPDES state without an approved state pretreatment program. Authorized representative of the industrial user means the person authorized to represent, sign and submit documents in accordance with the following criteria: (1) By a responsible corporate officer, if the industrial user submitting the report is a corporation. a. A president, secretary, treasurer or vice‐
president of the corporation in charge of a principal business function, or any other person who performs similar policy‐ or decision‐making functions for the corporation, or; b. The manager of one or more manufacturing, production or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25,000,000.00 (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) By a general partner or proprietor if the industrial user submitting the reports is a partnership or sole proprietorship respectively. (3) The principal executive officer or director having responsibility for the overall operation of the discharging if the industrial user submitting the reports is a federal, state or local governmental entity, or their agents. Sec. 88­136. Definitions. February 14, 2012 Clifton Code of Ordinances Page 190 (4) By a duly authorized representative of the individual designated in subsection (1), (2) or (3) of this definition if the: a. Authorization is made in writing by the individual described in subsection (1), (2) or (3); b. Authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the industrial discharge originates, such as the position of plant manager, operator of a well, or a well field superintendent, or a position of equivalent responsibility or having overall responsibility for environmental matters for the company; and c. Written authorization is submitted to the city. (5) If an authorization under subsection (4) of this definition is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for the environmental matters for the company, a new authorization satisfying the requirements of subsection (4) must be submitted to the city prior to or together with any reports to be signed by the authorized representative. Biochemical oxygen demand means the quantity of oxygen utilized in the biochemical oxidation of organic matter under a standard laboratory procedure in five days at 20 degrees Celsius, expressed in parts per million by weight. Building drain means that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning three feet outside the inner face of the building wall. established by the United States Environmental Protection Agency. Categorical standard means regulation containing pollutant discharge limits promulgated by the EPA in accordance with section 307(b) and (c) of the act which applies to a specific category of industrial users. City (or individuals representing the city) means the City of Clifton, Texas (or the city secretary or an authorized deputy, agent or representative). Composite sample means the sample resulting from the combination of individual samples taken at selected intervals based on an increment of either flow or time. Control authority means the mayor, city secretary or designated appointees for the purpose of implementation and enforcement of this division. Environmental protection agency means the United States Environmental Protection Agency; or where appropriate, the term may also be used as a designation for the administrator or other authorized official of said agency. Garbage means solid wastes from the preparation, cooking and dispensing of food, and from the handling, storage and sale of produce. Grab sample means an individual sample collected over a period of time not exceeding 15 minutes. Indirect discharge or discharge means the introduction of pollutants into a POTW from any nondomestic source regulated under section 307(b), (c) or (d) of the act, (33 USC 1317) into the wastewater system (including holding tank waste discharged into the system). Building sewer means the extension from the building drain to the public sewer or other place of disposal. Industrial permit means permits issued to significant industrial users and categorical industrial users by the control authority as set forth in section 88‐169. Categorical industrial user means any industrial user subject to categorical standards as Industrial user means a source of indirect discharge which does not constitute a discharge February 14, 2012 Clifton Code of Ordinances Page 191 of pollutants under regulations issued pursuant to section 402 of the act (33 USC 1342). Industrial wastes means the liquid wastes from industrial processes other than sanitary sewage. Interference means a discharge which, alone or in conjunction with other discharges, both: (1) Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; and (2) Is a cause of a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued under such provisions (or more stringent state or local regulations): Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) (including title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA), and including state regulations contained in any state sludge management plan prepared pursuant to subtitle D of the SWDA), the Clean Air Act, the Toxic Substances Control Act, and the Marine Protection, Research and Sanctuaries Act. National Pollution Discharge Elimination System permit means a permit pursuant to section 402 of the act. Natural outlet means any outlet into a watercourse, pond, ditch, lake or other body of surface water or groundwater. New source means: (1) Any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under section 307(c) of the act which will be applicable if the standards are thereafter promulgated, provided that: a. The building, structure, facility or installation is constructed at a site at which no other source is located; February 14, 2012 b. The building, structure, facility or installation totally replaces an existing one that causes the discharge of pollutants at an existing source; or c. The discharges of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether discharges are substantially independent of an existing source at the same site, factors such as the extent to which the new facility engaged in the same general type of activity as the existing source shall be considered. (2) Construction on the site of an existing discharge source results in a modification rather than a new source if the construction does not meet the criteria of subsection (1)a. or (1)c. of this definition but otherwise alters, replaces or adds to existing process or production equipment. (3) Construction of a new source has commenced if the owner or operator has: a. Begun or caused to be begun as part of a continuous on‐site construction program: 1. Any placement, assembly or installation of facilities or equipment; or 2. Significant site preparation work, including clearing, excavation or removal of existing buildings, structures or facilities necessary for the placement, assembly or installation of new source facilities or equipment; or b. Entered into a building contractual obligation for the purchase of facilities or equipment intended to be used in new operations within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering and design studies do not constitute a contractual obligation under this definition. Noncontact cooling water means water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product or finished product. Clifton Code of Ordinances Page 192 Pass through means a discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with other discharges, is a cause of a violation of any NPDES permit (including an increase in the magnitude or duration of a violation). pH means the logarithm (base 10) of the reciprocal of the weight of the hydrogen ion in grams per liter of solution. Pollutant means any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal or agricultural waste discharged into water. Pretreatment means the reduction, elimination or alteration of pollutant properties in wastewater prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. Pretreatment requirements means any substantive or procedural requirement related to a POTW pretreatment program other than a categorical standard imposed on an industrial user. Pretreatment standards or standards means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with section 307(b) and (c) of the act, which applies to industrial users. This term includes prohibitive discharge limits established pursuant to 40 CFR 403.5. Process wastewater means any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, by‐
product, or waste product. Properly shredded garbage means the wastes from the preparation, cooking and dispensing of foods that have been shredded to such degree that all particles will be carried freely under the flow conditions normally prevailing in public February 14, 2012 sewers, with no particle greater than one‐half inch in any dimension. Public sewer means a sewer owned and controlled by the city. Publicly owned treatment works means a treatment works, as defined by section 212 of the act, (33 USC 1292) which is owned by a state or municipality (as defined by section 502(4) of the act). POTW includes any devices and systems used in the conveyance, storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. For the purpose of this article, the POTW responsibilities of the city shall pertain to all devices and systems used in the conveyance, storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature within the city's jurisdictional boundaries prior to discharge. POTW shall also include any sewers that convey wastewaters to the POTW from persons outside the city who are, by contract or agreement with the city, users of the POTW. Sanitary sewer means a sewer which carries sewage and to which storm waters, surface waters and ground waters are not intentionally admitted. Sewage means a combination of the water‐
carried wastes from residences, business buildings, institutions, industrial establishments, together with such ground waters, surface waters and storm waters as may be present. Sewage treatment plant means an arrangement of devices and structures used for treating sewage. Sewer means a pipe or conduit for carrying sewage. Sewerage works means all facilities for collecting, pumping, treating and disposing of sewage. Significant industrial user means: (1) All industrial users subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N; and Clifton Code of Ordinances Page 193 (2) Any other industrial user that discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blow‐
down wastewater); contributes a process waste stream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or is designated as such by the control authority as defined in 40 CFR 403.12(a) on the basis that the industrial user has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement (in accordance with 40 CFR 403.8(f)(6)); and (3) Upon a finding that an industrial user meeting the criteria in subsection (2) of this definition has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the control authority (as defined in 40 CFR 403.12(a)) may at any time, on its own initiative or in response to a petition received from an industrial user or POTW, and in accordance with 40 CFR 403.8(f)(6), determine that such industrial user is not a significant industrial user. Slug load means any discharge of water, wastewater or industrial waste of a non‐
routine, episodic nature, including but not limited to an accidental spill or a non‐customary batch discharge in which the concentration of any given constituent or quantity of flow exceeds the applicable limits of a sewer use permit and/or the capacity of the sewer system or the treatment facility to provide adequate treatment before discharge. Standard Industrial Classification means a classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972, as amended. Storm sewer or storm drain means a sewer which carries storm waters and surface waters and drainage, but excludes sewage and polluted industrial wastes. February 14, 2012 Storm water means any flow occurring during or following any form of precipitation, and resulting from such precipitation, including snow melt. Suspended solids means solids measured in mg/l that either float on the surface of or are suspended in water, wastewater or other liquid, and which are largely removable by a laboratory filtration device. System means all facilities for collecting, pumping, treating and disposing of sewage. Upset means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the industrial user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. User means any person who contributes, causes or permits the contribution of wastewater into the city's wastewater system. Wastewater means any potable water that has been used by residents, businesses, institutions and industrial establishments. Watercourse means a channel in which a flow of water occurs, either continuously or intermittently. Sec. 88­137. Abbreviations. The following abbreviations, when used in this article, shall have the designated meanings: Sec. 88­138. Amendments to statutes. Reference made to any state or federal statutes or to any local ordinances includes and is intended to refer to those statutes and/or ordinances as they presently exist or as they may hereafter be amended to read. Sec. 88­139. Purpose and policy. This division sets forth uniform requirements for direct and indirect contributors into the Clifton Code of Ordinances Page 194 wastewater system of the city and enables the city to comply with all applicable state and federal laws required by the Clean Water Act of 1977 and the general pretreatment regulations (40 CFR, part 403) including revisions and amendments as promulgated. (3) Ensure the quality of sludge to allow its use and disposal in compliance with statutes and regulations. Sec. 88­140. Duties of control authority. (5) Improve the opportunity to recycle and reclaim wastewater and sludge from the wastewater collection system. It shall be the duty of the control authority to see that certain provisions of this article pertaining to the use of public sewers are carried out, to determine if the sewage collected by the sewer collection system is treatable, and to supervise the treatment of the sewage. Sec. 88­141. Prohibited water discharges into sanitary sewers. No person shall discharge or cause to be discharged any storm water, surface water, groundwater, roof runoff, subsurface drainage or unpolluted industrial process waters to any sanitary sewer. Sec. 88­142. Required discharges into storm sewers. Storm water and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers, or to a natural outlet approved by the control authority. Sec. 88­143. Objectives. The objectives of this division shall be to: (1) Prevent the introduction of pollutants into the wastewater system which will interfere with the operation of the city wastewater collection system, including but not limited to interference with the use or disposal of the resulting sludge. (2) Prevent the introduction of pollutants into the city wastewater collection system which will, if inadequately treated, pass through the system into receiving waters or to the atmosphere or otherwise be incompatible with the systems. February 14, 2012 (4) Protect the general public, wastewater collection system maintenance personnel, the personnel of any POTW and the environment. (6) Provide for equitable distribution of the costs of the wastewater operations, maintenance and improvement of the POTW. (7) Enable the POTW to comply with NPDES permit conditions, sludge use and disposal requirements and any other federal or state laws. Secs. 88­144 thru 88­160. Reserved. Subdivision II. Sewer Use Generally Sec. 88­161. Prohibited discharge standards. If in the opinion of the control authority the character of the sewage from any manufacturer or industrial plant, building or other premises is such that it will cause any of the following, the control authority shall have the right to require such user to dispose of such waste otherwise and prevent it from entering the system: (1) Injure or interfere with wastewater treatment processes or facilities; (2) Constitute a hazard to humans or animals; (3) Create a hazard in receiving waters of the wastewater treatment plant effluent; or (4) Violate appropriate federal, state or local regulations. Sec. 88­162. Specific prohibitions. Except as provided in this subdivision, no person shall discharge or cause to be discharged into the sewerage or drainage system of the city, directly or indirectly, any of the following described matter, water or wastes: Clifton Code of Ordinances Page 195 (1) Pollutants which create a fire or explosion hazard in the POTW, including but not limited to waste streams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Celsius using the test methods specified in 40 CFR 281.21. (2) Pollutants which cause corrosive structural damage to the POTW with a pH lower than 5.0 or greater than 10.0. (3) Solid or viscous pollutants in amounts which will cause obstruction in the flow in the POTW resulting in interference. (4) Any pollutant, including oxygen‐demanding pollutants (BOD, etc.) released in a discharge at a flow rate and/or pollutant concentration which will cause interference with the POTW. (5) Heat in amounts which inhibit biological activity in the POTW resulting in interference, but in no case heat in such quantities that the temperature at the point of discharge into the sewer exceeds 40 degrees Celsius (140 degrees Fahrenheit) unless the approval authority, upon request of the POTW, approves alternate temperature limits. (6) Petroleum oil, non‐biodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through. (7) Pollutants which result in the presence of toxic gases, vapors or fumes within the POTW in a quantity that causes worker health and safety hazards. Chromium Copper Cyanide Lead Mercury Molybdenum Nickel Selenium Silver Toxic Organics Zinc (12) Any of the following pollutants, in solution or suspension, at a concentration measured at the user's end of pipe greater than as shown below: Oil and grease.......... .0 mg/l Total phenols.......... .7 mg/l (13) Wastewater which contains more than one milligram per liter of hydrogen sulfide measured as H2S. (14) Wastewater with radioactive wastes greater than allowed by applicable provisions of the Texas Radiation Control Act (V.T.C.A., Health and Safety Code ch. 401), and the state regulations for control of radiation issued under that act. (15) Hazardous wastes prohibited by regulatory agencies. (16) Wastewater which contains more than 15.00 milligrams per liter of fluoride. (8) Any trucked or hauled pollutants, except at discharge points designated by the POTW. Sec. 88­163. Federal Categorical Pretreatment Standards. (9) Any water or waste containing more than 123 parts per million, by weight, of fat, oil or grease. Upon the promulgation of the Federal Categorical Pretreatment Standards for a particular industrial subcategory, the federal standard, if more stringent than limitations imposed under this division for sources in that subcategory, shall immediately supersede the limitations imposed under this division. The control authority shall notify all affected categorical industrial users of the applicable reporting requirements under 40 CFR 403.12. (10) Any garbage that has not been properly shredded. (11) Any of the pollutants listed below, in solution or suspension: Aluminum Arsenic Cadmium February 14, 2012 Clifton Code of Ordinances Page 196 Sec. 88­164. Right of revision. The terms and conditions of a significant user permit may be subject to modification by the city at any time as governing limitations and requirements are changed. The significant user permit can be modified as a result of EPA promulgating a new federal pretreatment standard or a modification to a current pretreatment standard. Any significant user permit modification which results in new conditions or limits in the permit shall include a reasonable time schedule for compliance by the holder of the permit. Sec. 88­165. Dilution prohibited. The attainment of the specified levels simply by dilution, in the absence of treatment (that is, by use of extraneous or other wastewater intermixed to dilute a particular discharge), is specifically prohibited. Sec. 88­166. Information statement as to industrial waste discharge. Where the discharge of industrial wastes will occur, a written statement on a standard form provided by the control authority shall be filed with the city. The statement shall contain the following information: (1) Name and address of the applicant; (2) Type of industry; (3) Quantity of plant waste; (4) Typical analysis of the waste; (5) Type of pretreatment proposed if any; and (6) Proposed point of discharge. Sec. 88­167. Charges and fees. The city may adopt charges and fees which may include fees for: (1) Reimbursement of costs of setting up, administering and operating the city's responsibilities under any pretreatment program. (2) Fees for monitoring, inspections and surveillance procedures. February 14, 2012 (3) Fees for reviewing accidental discharge procedures and construction. (4) Fees for permit application. (5) Fees for filing appeals. Sec. 88­168. Industrial permits. (a) All significant industrial users and categorical industrial users, as determined from information provided as required in section 88‐
166, shall obtain an industrial permit before discharging sewage. (b) Users required to obtain an industrial permit shall complete and file with the city an application, or in the case of a categorical user a baseline monitoring report, in the form prescribed by the city. Existing users shall apply at least 90 days prior to connecting to or discharging into the sewerage works. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information: (1) Name, address and location, if different from the address. (2) SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended. (3) Wastewater constituents and characteristics including, but not limited to, those mentioned in section 88‐136 and those specified by any applicable federal categorical standards, determined by a reliable analytical laboratory. Sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to section 304(g) of the act and contained in 40 CFR, part 136, as amended. (4) Time, duration and volume of contribution. (5) Average daily and 30‐minute peak wastewater flow rates, including daily, monthly and seasonal variations, if any. (6) Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections and appurtenances by the size, location and elevation. Clifton Code of Ordinances Page 197 (7) Description of activities, facilities and plant processes on the premises, including all materials which are or could be discharged. (11) Type and amount of raw materials, processes and chemicals used (average and maximum per day). (8) The nature and concentration of any pollutants in the discharge which are limited by any city, state or federal pretreatment standards, and a statement regarding whether or not the pretreatment standards are being met on a consistent basis, and if not, whether additional operation and maintenance and/or additional pretreatment is required for the user to meet applicable pretreatment standards. (12) Number and type of employees, hours of operation of plant and proposed or actual hours of operation of the pretreatment system. (9) If additional pretreatment or O&M will be required to meet pretreatment standards, the schedule by which the user will provide the additional pretreatment. The scheduled completion date shall not be later than the compliance date established for the applicable pretreatment standard. The following conditions shall apply to the schedule: a. The schedule shall contain dates for the commencement and completion of major events leading to the construction and operation of pretreatment required for the user to meet the pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.). b. No event shall be scheduled for completion in more than nine months. c. Not later than 14 days following each scheduled completion date, and the final date for compliance, the user shall submit a progress report to the city, including, at a minimum, whether or not it complied with the scheduled progress, any reason for delay, and all steps being taken by the user to return the construction to the schedule. In no event shall more than nine months elapse between progress reports to the city. (10) Each product produced by type, amount, process and rate of production. February 14, 2012 (13) Name of owner, operator and facility contact person. (14) Name of the POTW that will receive the wastewater discharge from the facility. (15) A listing and description of any environmental permits held by the facility. (16) Any other information deemed by the city to be necessary to evaluate the contract application. (17) The application will be signed and certified as correct by an authorized representative of the user. (c) Within nine months of the promulgation of a National Categorical Pretreatment Standard, the industrial permits of users subject to those standards shall be revised to require compliance with the standard within the time frame prescribed by the standard. Where a user subject to a categorical standard has not previously submitted an application for an industrial permit, the user shall apply for an industrial permit within 180 days after the promulgation of the applicable categorical standard. Any user with an existing industrial permit and subject to a categorical standard shall submit to the control authority within 180 days after the promulgation of an applicable categorical standard the information required by subsection (b)(8), (9) of this section. Sec. 88­169. Permit conditions. (a) Industrial permits shall be subject to all provisions of this article and all other applicable regulations, user charges and fees established by the city. Permits may contain the following: (1) A unit charge or schedule of user charges and fees for the wastewater to be discharged to a sewer. Clifton Code of Ordinances Page 198 (2) Limits on the average and maximum wastewater constituents and characteristics. (3) Limits on average and maximum rate and time of discharge, or requirements for flow regulations and equalization. (4) Requirements for installation and maintenance of inspection and sampling facilities. (5) Specifications for monitoring programs, which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule. (6) Compliance schedules. (7) Requirements for submission of technical reports or discharge reports. (8) Requirements for notification of the city of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater system. (9) Right of entry as authorized by section 88‐
173. (10) Requirement that any permit amendment deemed necessary by the city be executed if there is new introduction of wastewater constituents or any substantial change in the volume and character of the wastewater constituents being introduced into the wastewater system. (11) Requirements for notification of slug discharges. (12) Requirements for the retention of records. (13) Description of the location from which all samples used to measure compliance with applicable discharge standard will be obtained. (14) Requirements for periodic reports of compliance, status, or other information as provided to the city. (15) Other conditions as deemed appropriate by the city to ensure compliance with this division. February 14, 2012 (16) Requirements for an authorized representative to meet the signatory and certification requirements for all applications, industrial user reports and that all pretreatment standards are being met on a consistent basis (see the definition of "authorized representative of the industrial user" in section 88‐136). (17) Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the city, and affording city access to such records. (b) Industrial permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The user shall apply for permit reissuance a minimum of 180 days prior to the expiration of the user's existing permit. Permits may not be transferred. Sec. 88­170. Compliance date report. Within 90 days following the date for final compliance with applicable pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the sewerage system, any user subject to pretreatment standards and requirements shall submit to the city a report indicating the nature and concentration of all pollutants in the discharge which are limited by pretreatment standards and requirements, and the average and maximum daily flow for the process units in the user facility which are limited by the pretreatment standards or requirements. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional O&M or pretreatment is necessary to bring the user into compliance with the pretreatment standards or requirements. The statement shall be signed by an authorized representative of the industrial user, and certified by a qualified professional. Sec. 88­171. Periodic compliance reports. Clifton Code of Ordinances Page 199 (a) Any user subject to a pretreatment standard, after the compliance date of the pretreatment standard, or, in the case of a new source, upon commencement of the discharge into the sewerage system, shall submit to the city during the months of June and December, unless otherwise specified in the pretreatment standard or by the city, a report indicating the nature and concentration of pollutants in the effluent which are limited by the pretreatment standards. In addition, the report shall include a record of all daily flows which exceeded the average daily flow reported in section 88‐168(3) during the reporting period. (b) The city may impose mass limitation on users as appropriate. If imposed, the report required by subsection (a) of this section shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. The reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass, of pollutants which are limited by the pretreatment standards. The frequency of monitoring shall be prescribed in the pretreatment standards. All analyses shall be performed in accordance with procedures established pursuant to section 304(g) of the act and contained in 40 CFR, part 136 as amended. Sampling shall be performed in accordance with the procedures set forth in the EPA publication, Sampling and Analysis Procedures for Screening of Industrial Effluents for Priority Pollutants, April, 1977, as amended, or with any other sampling and analytical procedures approved by the EPA. Sec. 88­172. Monitoring facilities. (a) The city may require to be provided and operated at the user's expense monitoring facilities to allow inspection, sampling and flow measurements of the building sewer and/or internal drainage systems. When required by the control authority, the owner of any property served by a building sewer carrying industrial wastes shall install at the owner's expense a locked manhole in the building February 14, 2012 sewer. Only the city shall have keys to the locked manhole. (b) A charge to be determined by the control authority shall be required of the owner each time the locked manhole is opened by the city. (c) The monitoring facility shall be situated on the user's premises; but the city may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public right‐of‐way and located so that it will not be obstructed by landscaping or parked vehicles. (d) There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user. (e) Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the city's requirements and all applicable local construction standards and specifications. Construction shall be completed within 90 days following written notification by the city. Sec. 88­173. Inspection and sampling. The city shall inspect the facilities of any user to ascertain compliance with this article. All occupants of premises where wastewater is created or discharged shall allow the city's representative ready access at all reasonable times to the premises for the purposes of inspection, sampling, records examination or the performance of any other duties. Industrial users shall retain for a minimum of three years any records of monitoring activities and results (whether or not such monitoring activities are required by regulation) and shall make such records available for inspection and copying by the city, TNRCC and EPA. The city, TNRCC and EPA shall have the right to set upon the user's property such devices as are necessary to conduct sampling inspection, compliance monitoring and metering operations. Where a Clifton Code of Ordinances Page 200 user has security measures in force which would require proper identification and clearance before entry onto the premises, the user shall make necessary arrangements so that upon presentation of suitable identification, personnel of the city and EPA will be permitted to enter, without delay, for the purposes of performing specific responsibilities. Sec. 88­174. Accidental discharges. Each user required to obtain an industrial permit under section 88‐168, or as determined by the city, shall provide protection from accidental discharge of all substances regulated by this division. Facilities to prevent accidental discharge shall be provided and maintained at the owner's or users own cost and expense within 90 days after issuance of an industrial permit. Detailed plans prepared under the supervision of a professional engineer licensed by the state showing facilities and operating procedures designed to prevent accidental discharge shall be submitted to the city for review, and shall be approved by the city before construction of the facility. Review and approval of the plans and operating procedures shall not relieve the user from the responsibility to modify the facility as necessary to meet the requirements of this division. In the case of an accidental discharge, the user shall immediately by telephone notify the city of the incident. The notification shall include location of discharge, type of waste, concentration and volume, and corrective actions taken. Sec. 88­175. Upset provision. (a) Effect of an upset. An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of subsection (b) of this section are met. (b) Conditions necessary for a demonstration of upset. An industrial user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: February 14, 2012 (1) An upset occurred and the industrial user can identify the causes of the upset. (2) The facility was at the time being operated in a prudent and workmanlike manner and in compliance with applicable operation and maintenance procedures. (3) The industrial user has submitted the following to the city within 24 hours of becoming aware of the upset (if this information is provided orally, a written submission must be provided within five days): a. A description of the upset and cause of noncompliance. b. The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue. c. Steps being taken or planned to reduce, eliminate and prevent recurrence of the noncompliance. (c) Industrial user has burden of proof. In any enforcement proceeding, the industrial user seeking to establish the occurrence of an upset shall have the burden of proof. (d) City enforcement personnel to review claims that noncompliance was caused by upset. In the usual exercise of prosecutorial discretion, city enforcement personnel shall review any claims that noncompliance was caused by an upset. Industrial users may have a judicial determination on any claim of upset only in an enforcement action brought alleging noncompliance with categorical pretreatment standards. (e) Industrial user to control production of discharges until facility restored or alternative method provided. The industrial user shall control production of all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss or failure of its treatment facility for any reason whatsoever until the facility is restored or an alternative method of treatment is provided. Clifton Code of Ordinances Page 201 Sec. 88­176. Bypass of pretreatment facilities. (a) Bypass is prohibited except to prevent loss of life, personal injury, or severe property damage when no feasible alternatives exist. (b) The user may allow bypass to occur which does not cause effluent limitations to be exceeded, but only for essential maintenance to assure efficient operations. (c) Notification of bypass shall be made as follows: (1) Anticipated bypass. If the user knows in advance of the need for a bypass, it shall submit prior written notice, at least ten days before the date of the bypass, to the city. (2) Unanticipated bypass. The user shall immediately notify the city and submit a written notice to the POTW within five days. The report shall specify: a. A description of the bypass and its cause, (including the time, duration, volume and location of the bypass, and the type and concentration of waste in the bypass); (b) The control authority may determine whether a discharge or proposed discharge is included under subsection (a) of this section. (c) The control authority shall deny discharge of wastes when: (1) A discharge or proposed discharge is included under subsection (a) of this section; and (2) The discharger does not meet all pretreatment requirements imposed. Sec. 88­178. Confidential information. (a) User information and data obtained from reports, questionnaires, contract applications, contracts and monitoring programs and from inspections shall be available to the public or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the city that the release of the information would divulge information, processes or methods of production entitled to protection as trade secrets of the user. (1) Pretreatment; (b) When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available upon written request to governmental agencies for uses related to this article, the National Pollutant Discharge Elimination System permit, state disposal system permit or the pretreatment programs; however, such portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information. (2) Control over the quantities and rates of discharge; and Sec. 88‐179. Interceptors required; type; location; specifications. (3) Payment for the cost of handling and treating wastes. (a) Grease, oil, and sand interceptors shall be provided for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes or sand. Interceptors b. Whether the bypass has been corrected; and c. The steps being taken or to be taken to reduce, eliminate and prevent a recurrence of the bypass. Sec. 88­177. Pretreatment requirements. (a) If discharges or proposed discharges to public sewers may adversely affect wastewater facilities, processes, equipment or receiving waters; create a hazard to life or health; or create a public nuisance, the control authority shall require: February 14, 2012 Clifton Code of Ordinances Page 202 may not be required for private living quarters or dwelling units without group cooking facilities. All interceptors shall be of a type and capacity approved by the control authority and shall be readily and easily accessible for cleaning and inspection. (b) Grease and oil interceptors shall be capable of withstanding abrupt and extreme changes in temperature and shall be of substantial construction, watertight and equipped with easily removable covers which when bolted in place shall be airtight and watertight. Sec. 88­180. Interceptor maintenance. (a) All persons subject to this article shall comply with the municipal solid waste management regulations of the state natural resource conservation commission providing for the handling, processing and disposal of waste from grease traps. There shall be maintained on the premises required to have grease traps verification of the type and location of all grease traps, and verification of their cleaning and maintenance. Verifications, unless otherwise approved by the control authority, shall be made by the commercial company providing cleaning and maintenance, and shall be retained for inspection by the city for a period of three years. (b) Where installed, all grease, oil and sand interceptors shall be maintained at the owner's expense, in continuously efficient operation at all times. Sec. 88­181. Review and approval; preliminary treatment; required facilities. (a) The admission into the public sewers of any waters or wastes having the following shall be subject to the review and approval of the control authority: (1) A five‐day biochemical oxygen demand greater than 300 parts per million by weight; (2) Containing more than 300 parts per million by weight of suspended solids; February 14, 2012 (3) Containing any quantity of substances described in section 88‐161; or (4) Having an average daily flow greater than five percent of the average daily sewage flow of the city. (b) If the superintendent has approved the admission of subsection (a)(1) or (2) of this section into the public sewer, that discharge may be subject to a surcharge as determined by the superintendent of the waterworks. Where necessary in the opinion of the superintendent, the owner shall provide, at his expense, such preliminary treatment as may be necessary to: (1) Reduce the biochemical oxygen demand and/or TSS to 300 parts per million by weight; or (2) Reduce objectionable characteristics or constituents to within the maximum limits provided for in section 88‐162. (c) Plans, specifications and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the superintendent, and no construction of those facilities shall be commenced until approval is obtained in writing. Sec. 88­182. Preliminary treatment; maintenance of facilities. Where preliminary treatment facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation, at the owner's expense. Sec. 88­183. Control manhole. When required by the superintendent of the waterworks, the owner of any property served by a building sewer carrying industrial wastes shall install a suitable control manhole in the building sewer to facilitate observation, sampling and measurement of the industrial wastes. The manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the control authority. The manhole shall be installed and maintained at the owner's Clifton Code of Ordinances Page 203 expense, so as to be safe and accessible at all times. Sec. 88­184. Measurements; tests; analyses. (a) All measurements, tests and analyses of the characteristics of waters and wastes shall be done in accordance with procedures established by the EPA in 40 CFR, part 136, as amended, or with any test procedures approved by the EPA administrator. Where EPA has not under 40 CFR, part 136, approved analytical techniques for any pollutant, the city shall designate an appropriate analytical technique. All tests shall be performed on samples taken at the control manhole provided for in section 88‐181. (b) If sampling performed by an industrial user indicates a violation, the user shall notify the city within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeated analysis to the city within 30 days after becoming aware of the violation. Sec. 88­185. Damaging sewerage works. No person shall maliciously, willfully or negligently break, damage, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the municipal sewerage works. Secs. 88­186 thru 88­200. Reserved. Subdivision III. Enforcement; Penalties Sec. 88­201. Harmful contributions. (a) The city may suspend the wastewater treatment service and/or a wastewater contribution permit when such suspension is necessary, in the opinion of the city, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons, to the environment, causes interference to the POTW or causes the city to violate any condition of its NPDES permit. February 14, 2012 (b) Any person notified of a suspension of the wastewater treatment service and/or the wastewater contribution permit shall immediately stop or eliminate the contribution. If the person fails to comply voluntarily with the suspension order, the city shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW system or endangerment to any individuals. The city shall reinstate the wastewater contribution permit and/or the wastewater treatment service upon proof of the elimination of the noncomplying discharge. A detailed written statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the city within 15 days of the date of occurrence. Sec. 88­202. Revocation of permit. Any user who violates the following conditions of this section or applicable state and federal regulations may be subject to having his permit revoked in accordance with the procedures of this section: (1) Failure of a user to factually report the wastewater constituents and characteristics of his discharge; (2) Failure of the user to report significant changes in operations or wastewater constituents and characteristics without first notifying the city; (3) Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring; or (4) Violation of conditions of the permit. Sec. 88­203. Notification of violation. (a) Whenever the city finds that any user has violated or is violating this article, wastewater contribution permit or any prohibition, limitation or requirements contained in this article, the city may serve upon such person a written notice stating the nature of the violation. Within 30 days of the date of the Clifton Code of Ordinances Page 204 notice, a plan for the satisfactory correction of the violation shall be submitted to the city by the user. (b) If sampling performed by an industrial user indicates a violation, the user shall notify the control authority within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the control authority within 30 days after becoming aware of the violation, except the industrial user is not required to resample if: (2) Take the evidence; and (3) Transmit a report of the evidence, including transcripts and other evidence, together with recommendations to the city council for action on the evidence. (c) The transcript will be made available to any member of the public or any party to the hearing upon payment of the usual charges. (2) The control authority performs sampling at the industrial user between the time the user performs its initial sampling and the time the user receives the results of this sampling. (d) After the city council or its authorized officer has reviewed the evidence, it may issue an order to the user responsible for the discharge directing that, following a specified time period, the sewer service be discontinued unless adequate treatment facilities, devices or other related appurtenances shall have been installed or existing treatment facilities, devices or other related appurtenances are properly operated. Further orders and directives as are necessary and appropriate may be issued. Sec. 88­204. Show cause hearing. Sec. 88­205. Legal action. (a) The city may order any user who causes or allows an unauthorized discharge to enter the POTW to show cause before the city council why the proposed enforcement action should not be taken. A notice shall be served on the user specifying the time and place of a hearing to be held by the city council regarding the violation, the reason why the action is to be taken, the proposed enforcement action, and directing the user to show cause before the city council why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least ten days before the hearing. Service may be made on any agent or officer of a corporation. If any person discharges sewage, industrial wastes or other wastes into the city's wastewater disposal system contrary to the provisions of this article, federal or state pretreatment requirements, or any order of the city, the city may commence an action for appropriate legal and/or equitable relief in any court of competent jurisdiction. The city shall be entitled to recover from the person making or causing the discharge all fines and penalties levied against the city by any other governmental body or agency having jurisdiction. (1) The control authority performs sampling at the industrial user at a frequency of at least once per month; or (b) The city council may conduct the hearing and take the evidence, or may designate any of its members or any officer or employee of the city to: (1) Issue in the name of the city council notices of hearing requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings; February 14, 2012 Sec. 88­206. Civil penalties. Any user who is found to have violated an order of the city council or who willfully or negligently failed to comply with any provision of this division, and the orders, rules, regulations and permits issued under this division, shall be fined in accordance with Section 1‐9 for each offense. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. In addition to the penalties provided in this section, the city may recover reasonable attorney's fees, court costs, court Clifton Code of Ordinances Page 205 reporter's fees and other expenses of litigation at law against the person found to have violated this division or the orders, rules, regulations and permits issued under this division. ARTICLE II. TAXICABS Sec. 88­207. Falsifying information. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Any person who knowingly makes any false statement, representation or certification in any application, record, report or plan or other document filed or required to be maintained pursuant to this division, or wastewater contribution permit, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this division, shall, upon conviction, be punished by a fine. In accordance with 40 CFR 403.12(n), the reports and other documents required to be submitted or maintained under this division shall be subject to: (1) The provisions of 18 USC 1001 relating to fraud and false statements; (2) The provisions of section 309(c)(4) of the act, as amended, governing false statements, representation or certification; and (3) The provisions of section 309(c)(6) of the act regarding responsible corporate officers. (Ord. No. 961002, § 5.7, 10‐8‐1996) DIVISION 1. GENERALLY Sec. 92­31. Definitions. Taxicab means a private passenger vehicle, regardless of how it is propelled, that provides passenger taxicab transportation services for compensation, is designed for carrying no more than eight passengers, and is operated: (1) Within the jurisdiction of the city; (2) On property owned by the city, singly or jointly with one or more other municipalities or public agencies; (3) On property in which the city possesses an ownership interest; or (4) By transporting from the city, city property, or property in which the city has an interest and returning to it. State law references: Similar provisions, V.T.C.A., Local Government Code § 215.004. Sec. 92­32. Scope. CHAPTERS 89 THRU 91 RESERVED CHAPTER 92 VEHICLES FOR HIRE State law references: Municipal regulation of taxicabs, V.T.C.A., Local Government Code §§ 215.004, 215.029; permit fee or street rental charge based on gross receipts, V.T.C.A., Transportation Code § 502.003; driver's licenses and certificates, V.T.C.A., Transportation Code ch. 521. ARTICLE I. IN GENERAL Secs. 92­1 thru 92­30. Reserved. February 14, 2012 All taxicabs shall be subject to the provisions of this article. Sec. 92­33. Driver to have state driver's license. No person shall drive a taxicab within the city unless he has first obtained from the state department of public safety a driver's license. Sec. 92­34. Identification of vehicle. Every operator of a licensed taxicab shall cause to have plainly painted on, or permanently attached to, such taxicab a sign giving the name, trade name or firm name under which the taxicab is operated, and also stating that such motor vehicle is a taxicab or taxi. In addition, such motor vehicle being operated as a taxicab shall have a suitable light on top of the Clifton Code of Ordinances Page 206 vehicle; and the requirements for the sign "taxi" or "taxicab" may be provided in connection with such light. No taxicab shall be operated on any public street in the city unless such taxicab has been licensed as provided in this division. Sec. 92­35. Liability insurance. Sec. 92­62. Application generally. Each vehicle and operator regulated by this article must be covered by a policy of liability insurance issued by a corporate insurer licensed to do business in the state, such policy providing limits of coverage not less than the maximum liability of municipalities as set forth in the Texas Tort Claim Act (V.T.C.A., Civil Practice and Remedies Code § 101.023), as amended. Such insurance coverage shall be obtained from a reliable insurance company having a permit to do business in the state, and such company and such policy shall be subject to the approval of the city secretary. Proof of such insurance coverage shall be furnished the city secretary before a license for the taxicab shall be issued under this article. The carrying of such liability insurance coverage shall be a prerequisite for the holding of a valid license to operate a taxicab in the city; and if, for any reason at any time, any operator of a taxicab does not have such liability insurance coverage in effect, any license that may have been previously issued to such operator shall immediately become null and void and of no further effect. Every person desiring to obtain a license authorizing the operation of a taxicab within the city shall make application for license with the city secretary, which application shall state: Sec. 92­36. Fares. The rate of fares charged for taxicab service within the city shall be such as prescribed by the city council. Sec. 92­37. Stations. Each taxicab operating in the city shall have a designated station from which to operate, and such station shall be listed with the city secretary. Secs. 92­38 thru 92­60. Reserved. DIVISION 2. LICENSE Sec. 92­61. Required. February 14, 2012 (1) The name and address of the applicant; (2) Whether the applicant is an individual, firm or corporation and, if a firm, the name and address of each member; and (3) The number of vehicles proposed to be licensed. Sec. 92­63. Council action on application. It shall be the duty of the city secretary, when an application for a taxicab license is filed with him, at the next regular meeting of the city council following the filing of such application, to call the attention of the council to the filing of the application. Upon consideration of such application, the council may grant or refuse such license as, in its discretion, may seem to the best interest of the citizens of the city and the public in general. Sec. 92­64. Fee. There shall be an annual license fee for the operation of a taxicab within the city as established by the council. At the time of issuance of a license, the applicant shall deposit an amount established by the council for each taxicab licensed. At the end of the license year, the fee under this section shall be computed and paid, the licensee being given credit for such deposit. Sec. 92­65. License receipt. (a) Issuance and contents. Upon the granting of an application for a license under this article and the payment of the license fee deposit prescribed in section 92‐64, the city secretary shall issue a license receipt, which license receipt shall state the make, model, engine Clifton Code of Ordinances Page 207 number and current state license number of the motor vehicle to be operated as a taxicab, the amount of the license fee paid and the period for which the license is issued. (b) Carried in taxicab. A license receipt issued under subsection (a) of this section shall at all times be carried in the taxicab for which it was issued, available for inspection by any officer of the city. Sec. 92­66. Term. Each taxicab license shall be issued for the current calendar year. Sec. 92­67. Non assignable; revocation. Any license issued under the provisions of this division shall be non assignable and may be revoked by the city council at any time it shall appear to the council that the licensee has violated any provision of this article or failed to comply with any requirement of this article. CHAPTER 93 ZONING Sec. 93‐1 Definitions For the purpose of this ordinance, certain terms and words are hereby defined. Words used in the present tense shall include the future, the singular number shall include the plural, and the plural the singular. The word "building" shall include the word "structure"; the word "lot" includes the word "plot", and the word "shall" is mandatory and not merely permissive or directory. Accessory buildings and use. A subordinate building or a portion of the main building, the use of which is incidental to that of the main building or to the main use of the premises. An accessory use is one which is incidental to the main use of the premises Alley: A public, or private thoroughfare, which. affords only a‐secondary means of access to property abutting thereon Apartment: A room or suite of rooms in a multiple dwelling, or in a building in which more‐than one living unit is established above February 14, 2012 the same floor, or on the same, floor as, non‐
residential uses, which room or suite is intended, or designed for use as a residence by one family; and which includes culinary accommodations. Apartment house: A building or portion whereof used or designed as a residence for three(3)or more families living independently of each other, and doing their own cooking in said building, including apartments and apartment hotels. Boardinghouse: A building, other than a hotel, where or compensation and by prearrangement for definite periods, meals or lodging and meals are provided for three (3) or more persons, but not exceeding twenty (20) persons. Building: Any structure designed or intended for support, enclosure, shelter, and protection of persons, animals, chattels, or property. Clinic: An office or group of offices for one or more physicians, surgeons, or dentists engaged in treating the sick or injured, but not including rooms for the abiding of patients. District: A section or sections of the City of Clifton, Texas, for which regulations governing the use of buildings and premises, the heights of buildings, the size of yards and the intensity of use are uniform. Dwelling: Any building or portion thereof which is designed and used exclusively for residential purposes. Dwelling ‐ single family: A building having accommodations for and occupied exclusively by one (1) family. Dwelling‐family duplex A building having accommodations for and occupied exclusively by two (2) families. Dwelling, multiple: A building having accommodations for and occupied exclusively by more than two (2) families. Family: One or more persons occupying a premises and living as a single housekeeping unit as distinguished from a group occupying a Clifton Code of Ordinances Page 208 boardinghouse, lodging house, or hotel as herein defined Filling station service station: Any building or premises used for the dispensing, sale or offering for sale at retail of any automobile fuels or oils. When the dispensing, sale or offering for sale is incidental to the conduct of a public garage, or retail store, the premises are classified as a public garage or retail store. Frontage: All the property on one side of; a street between two intersecting streets (crossing or terminating), measured along the line of the street, or if the street is dead‐ended, then all the property abut on one side between an intersecting street and the dead‐end of the street. Garage, private: An accessory building or portion of the main use building designed for or used for the housing of motor‐driven vehicles which are the property of and for the private use of the occupants of the lot on which the private garage is located. Not more than one (1) of the vehicles may be a commercial vehicle and of not more than one and one‐half (1 1/2) tons capacity. Garage public: A building or portion thereof, other than _ a private garage, designed or used for equipping, repairing, hiring, servicing, selling or storing motor‐driven vehicles. Grade: (a) For buildings having walls adjoining one street only, the elevation of the sidewalk at the center of the wall adjoining the street. (b) For buildings having walls adjoining more than one street, the average of the elevation of the sidewalk at the center of all walls adjoining the streets. (c) For buildings having no wall adjoining the street, the average level of the finished surface of the ground adjacent to the exterior of the buildings. Any wall approximately parallel to and not more than five (5) feet from the street line shall be considered as adjoining the street. Where no sidewalk exists, the grade shall be established by the City Building Inspector. February 14, 2012 Height of building: The vertical distance from the grade to the highest point of the coping of a flat roof, to the deck line of a mansard roof, to the mean height level between the eaves and ridge of gable, hip and gambrel roofs. Home occupation: Any occupation or profession engaged in by the occupants of a dwelling not involving the conduct of. a retail business, and not including any occupation conducted in any building on the premises excepting the building which is used by the occupant as his or her private residence. Home occupation shall include, in general, personal services such as furnished by an architect, lawyer, physician, dentist, musician, artist and seamstress, when performed by the person occupying the building as his or her private dwelling and not including a partnership or the employment of more than one assistant in performance of such services. Hotel: A building in which lodging or board and lodging are provided and offered to the public for compensation and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all .times. As such, it is open to the public in contradistinction to a boardinghouse, a lodging house, or an apartment house which are herein defined. Lodging house: A building or place where lodging is provided (or which is equipped to provide lodging regularly) by prearrangement for definite periods, for compensation, for three (3) or more persons in contradistinction to hotels open to transients. Lot: A parcel of land occupied or intended for occupancy by and use permitted in this ordinance, including one (1) main building with its accessory buildings, the open spaces and parking spaces required by the ordinance, and having its principal frontage upon a street or upon an officially approved place. Lot, corner: A lot abutting upon two (2) or more streets at their intersection. Clifton Code of Ordinances Page 209 Lot, depth of: The mean horizontal distance between the front and rear lot lines. Nonconforming : Any building or land lawfully occupied by a use at the time of passage of this ordinance or amendment thereto, which does not conform after the passage of this ordinance or amendment thereto with the use regulations of the district in which it is situated. Parking space: An area enclosed or unenclosed containing not less than one hundred and sixty (160) square feet exclusive of the driveways connection said space with a street or alley. Said parking space and connection driveway shall be durably surfaced and so arranged to permit satisfactory ingress and egress of an automobile. Story: That portion of a building, other than a basement, included between the surface of any floor and the surface of the floor next above it; or if there be no floor above it, then the space between the floor and the ceiling next above it. Street: A public thoroughfare which affords the principal means of access to abutting property. Structure: Anything constructed or erected, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground, including but without limiting, the general inclusiveness of the foregoing, advertising signs, poster boards and pergolas . ordinance, a trailer is a single family dwelling and shall conform to all regulations therefore when not located in a trailer camp as herein defined. Trailer camp trailer coach park: A lot or tract of land where facilities and accommodation are provided by the day, week, month or for a longer period of time, for or without compensation, for two∙ or more trailers when such trailers are being used for human habitation. Tourist court: (Auto courts) A group of attached, semidetached, or detached buildings containing individual sleeping units or living units, designed for or used temporarily by automobile tourists or transients with garage attached or parking space conveniently located to each unit and offering to the public daily as well as other longer term rental rates and maintaining a register of guests and lot for their vehicles. Yard: An open space on the same lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward except as otherwise provided. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard, or the depth of a rear yard, the horizontal distance between the lot line and the main building shall be used. Structural alterations: Any change in the supporting members of a building such as bearing walls or partitions, columns, beams or girders, or any complete rebuilding of the roof or the exterior walls. Yard, front: A yard extending across the front of a lot between the side lot lines and being the minimum horizontal distance between the front lot line and the front of the main building or any projection thereof other than the projection of the usual steps, unenclosed balconies or open porch. Trailer: Any structure used for living, sleeping, business, or storage purposes having no foundation other than wheels, blocks, skids, jacks, horses, or skirting and which is, has been, or reasonably may be equipped with wheels or other devices for transporting the structure from place to place, whether by motive power or other means. The term "trailer" shall include camp car and house car. For the purpose of this Yard, rear: A yard extending across the rear of a lot, measured between the side lot lines and being the minimum horizontal distance between the rear lot line and the rear of the main building or any projection other than steps, unenclosed balconies or unenclosed porches. On corner lots the rear yard shall be considered as parallel to the street upon which the lot has its least dimension. On both corner February 14, 2012 Clifton Code of Ordinances Page 210 lots and interior lots, the yard shall in all cases be at the opposite end of a lot from the front yard. Yard, side: A yard between the main building and the side line of the lot and extending from the front line to the rear yard line Sec. 93‐2 Districts. For the purpose of regulating and restricting the heights and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards and other open spaces, the density of population and the location and use of buildings, structures, and land for trade, industry, residence or other purposes, the City of Clifton, Texas is hereby divided into districts of which there shall be five classes in number and which shall be known as: "R‐1" Single Family Dwelling District "R‐2" Multi‐Family Dwelling District "R‐3" Mobile Homes "C‐1" Commercial ‐ 1 District "C‐2" Commercial ‐ 2 District "M‐1" Manufacturing District The boundaries of the districts described above are shown on the map on file in the City Clerk's office and made a part of this ordinance, which map is designated as the "Zoning District Map". Said district map and all notations, references, and other information shown thereon, are made a part of this ordinance and shall have the same force and effect as if said map and said data thereon were fully set forth or described herein. Said map shall, on its face, be identified and verified in the manner following: It shall bear the title ZONING DISTRICT MAP Clifton, Texas: it shall bear even date with the passing of this ordinance; it shall bear the name of the Mayor; and it shall be attested by the signature of the City Clerk. The original of said map shall be kept in a proper place in the municipal building. Whenever any street, alley, or other public way is lawfully vacated by the Council of the City of February 14, 2012 Clifton, Texas, the zoning district adjoining each side of such street, alley, or public way shall be automatically extended to the center of such vacated area and thereafter all land included in said vacated area shall be subject to all applicable regulations of the extended districts. All territory hereafter annexed to the City of Clifton, Texas, shall be classified as "R‐l", One Family Dwelling District, until permanently zoned by the governing body of the City of Clifton, Texas. The City Planning and Zoning Commission shall, as soon as practicable after annexation of any territory to the City of Clifton, Texas, institute proceedings on its own motion t give the newly annexed territory permanent zoning, and the procedure to be followed shall be the same as is provided by law for the adoption of original zoning applications, except as hereinafter provided: No building shall be erected, converted, enlarged, reconstructed, or structurally altered, and no building or land shall be used for any purpose that is not permitted in the district in which the building or land is situated. No building shall be erected, converted, enlarged, reconstructed, or structurally altered to exceed the height limit herein established for the district in which the building is situated The minimum yards and other open spaces, including lot area per family, required by this ordinance for each and every building existing at the time of the passage of this ordinance or for any building hereafter erected . shall not be encroached upon or considered as yard or open space requirements for any other building, nor shall any lot area be reduced to an area less than the district requirements of this ordinance. Every building hereafter erected or structurally altered shall be on a lot as herein defined, and in no case shall there be more than one (I) main building on one (I) lot except as otherwise provided in this ordinance. Sec. 93‐3 District "R‐1". Single family residential district. Clifton Code of Ordinances Page 211 The following regulations shall apply to the "R‐
1" one family residential district. Use Regulations A building or premises shall be used only for the following purposes: Area Regulations: One‐family dwellings. Churches or other places of worship. Colleges, universities, or other institutions of higher learning. Country clubs or golf courses, but not including miniature golf courses, driving ranges or similar forms of commercial amusement. Farms, nurseries or truck gardens, limited to the propagation and cultivation of plants, provided no retail or wholesale business is conducted on the premises, and provided further that no poultry or livestock other than normal household pets shall be housed within 100 feet of any property line. Parks, playgrounds, community buildings and other public recreational facilities, owned and/or operated by the municipality or other public agency . Public buildings, including libraries, museums, police and fire stations. Real estate sales offices during the development of residential subdivisions but not to exceed two years. Display residential houses with sales offices, provided that if said display houses are not moved within a period of one year, specific permission must be obtained from the City Council for said display houses remain on their location. Schools, public elementary or high. Schools, private, with curriculum equivalent to that of a public elementary or high school. Temporary buildings or any storage container for uses incidental to construction work on the premises, which building shall be removed upon the completion or abandonment of construction work. Water supply reservoirs, pumping plants, and towers. February 14, 2012 Accessory buildings and uses, customarily incident to the above uses and located on the same lot therewith, not involving the conduct of a retail business. Front yard. There shall be a front yard along the front line of the lot. The minimum depth of such front yard shall be a minimum of (30) thirty feet. Side yard: The area on each side of a building shall not be less than six (6) feet. Rear yard. The depth of the rear yard shall be at least thirty (30) per cent of the depth of the lot, but such depth need not be more than forty (40) feet. Height Regulations. No building shall exceed two and one‐half (2 1/2) stories or thirty‐five (35) feet in height except as provided in the section entitle" Exceptions." Intensity of Use. Every lot or tract of land having an area of not less than six thousand (6,000) square feet and an average width of not less than fifty (50) feet, except that if a lot or tract should have less area or width than herein required and its boundary lines along their entire length should touch lands under the ownership on the effective date of this ordinance and shall not have changed since said date, such parcel of land may be used for a single family dwelling. E. Signs. One unlighted sign, which shall not exceed on8 (1) square foot in area indicating the name of the occupant or occupation of a customary home occupation provided the sign is attached flat‐wise to the building. One sign which shall not exceed eighteen (18) square feet, for church or school. One sign, which shall not exceed four (4) square feet in area for temporary unlighted sign pertaining to the lease, hire, or sale of building Clifton Code of Ordinances Page 212 or premises providing that the sign is immediately removed upon the lease, hire, or sale of such building or premises. F. Mobile Homes No person shall park or occupy any mobile home outside an approved mobile home park; except the parking of only one mobile home behind the building setback lines of a plotted lot is permitted providing no living quarters shall be maintained in such mobile home while such mobile home is so parked or stored. A mobile home may be occupied for business or residential use outside a licensed mobile home park when its wheels are removed and when mounted upon a permanent type foundation; tied down against storm; skirted with fire resistant skirting with the necessary vents. Skirting porches, awnings, and other additions when installed shall be maintained in good repair. Shall conform to all applicable requirements of the building electrical and plumbing code and all other applicable codes and ordinances of the City. Mobile homes used as field offices during construction or mobile home displayed for sale or mobile homes sales lots and mobile home manufacturing plants are permitted. Sec. 93‐4 District "R‐2" multi‐family residential district. The following regulations shall apply to the "R‐
2" multifamily residential district. Use Regulations A building or premises shall be used only for the following purposes: Any use permitted in District "R‐l". Multi‐family dwellings. Height Regulations: No building shall exceed two and one half stories or thirty‐five feet in height. Intensity of Use: Except as hereinafter provided all dwellings hereafter erected, enlarged February 14, 2012 relocated or reconstructed shall be located on lots containing the following areas: A lot on which there is erected an apartment house or multiple family dwelling shall contain an area of not less than 1,800 square feet per dwelling unit. Where a lot or tract has less area than herein required and its boundary line along their entire length touched lands under other ownership on the effective date of this ordinance and have not been changed, such parcel of land may be used for a single family dwelling. Parking Regulations: Whenever a structure is erected converted or structurally altered for a multi‐family dwelling, one (1) parking space shall be provided and maintained on the lot for each dwelling unit in the building. Such parking space shall be on the lot and so arranged as to permit satisfactory ingress and egress of an automobile, and such parking area shall be in addition to driveways. Height, and area regulation shall be the same as found in R‐1 area regulation. Additional use, height, and area regulation and exceptions are found in the section entitled “Exceptions”. Sec. 93‐5 District "R‐3" mobile home district. PERMITS A. No permit shall be issued for the consideration of occupancy of a permanent residential structure in any mobile home park, with the following exceptions: 1. One existing residential structure may be retained or one new residential structure may be constructed for the occupancy of the owner or operator of the park. 2. An existing residence may be converted to a clubhouse, community center or service building for the use by the residents of the mobile home park. B. PERMIT REQUIRED It shall be unlawful for any person to construct, alter, move in or extend any mobile home park Clifton Code of Ordinances Page 213 within the limits of the City of Clifton unless he holds a valid permit issued by the Building Official in the name of such person for the specific construction, alteration or extension proposed. C. APPLICATION REQUIREMENTS All applications for permits shall be made to the Building Official and shall contain the following: 1. Name and address of the applicant. 2. Location and legal description of the mobile home park. 3. Other information as specified by the Building Official To this application shall be attached 2 copies of a site plan, at a minimum scale of 1” – 200’ for sites of 30 acres or more, and at a minimum scale of 1” – 100’ for sites under 30 acres. The site plan shall include all data required under Section 4 hereof. D. PERMIT FEE All applications to the City shall be accompanied by a fee of $25.00 (twenty‐five dollars. E. ISSUANCE OF PERMIT When upon review of the application, the Building Official is satisfied that the proposed plan meets the requirements of this ordinance, a permit shall be issued. F. DENIAL OF PERMIT: HEARING Any person, whose application for a permit under this ordinance has been denied, may request a hearing on the matter under the procedure provided by Section 3 of this ordinance. INSPECTION A. INSPECTION REQUIRED The Building Official, the City Health Officer, the Fire Chief, the Police Chief, and the Tax Assessor/Collector are hereby authorized and directed to make such inspections as are necessary to determine compliance with this ordinance. February 14, 2012 B. ENTRY OF PREMISES The Building Official, the City Health Officer, the Fire Chief, the Police Chief, and the Tax Assessor/Collector shall have the power to enter at reasonable times upon any private property for the purpose of inspecting and investigating conditions relating to the enforcement of this ordinance. C. INSPECTION OF REGISTER The Building Official, the City Health Officer, the Fire Chief, the Police Chief, and the Tax Assessor/Collector shall have the power and authority in discharging their official duties to inspect the register containing a record of all residents of the mobile home park. D. DUTY OF OCCUPANTS It shall be the duty of every occupant of a mobile home park to give the owner, his agent or authorized employee access to any part of such park and mobile home at reasonable times for the purpose of compliance with this ordinance. NOTICES, HEARING, AND ORDERS A. NOTICE OF VIOLATIONS: REQUIREMENTS OF NOTICE Whenever it is determined that there are grounds to believe that there has been a violation to the owner or agent, as hereinafter provided. Such notice shall (a) be in writing (b) include a statement of the reasons for its issuance (c) allow a reasonable time for the performance of the act it requires (d) be served upon the owner or his agent: provided that such notice or order shall be deemed to have been property served upon such owner or agent when a copy thereof has been sent certified mail with return receipt requested to his last known address, or when he has been served with such notice by any method authorized or required by the laws of this state; and (e) contain an outline of remedial action which if taken, will effect compliance with the provisions of this ordinance. Clifton Code of Ordinances Page 214 B. APPEAL FROM DENIAL OF PERMIT BY THE BUILDING OFFICIAL Any person effected by the refusal of the Building Official to issue a permit under the provisions of this ordinance as set out in Section 1 above shall be granted a hearing on the matter before the City Council provided that such person shall file within ten (10) days after the day the permit was refused, in the office of the Building Official, a written petition requesting such hearing and setting for the brief statement of the grounds thereof. Upon receipt of such petition, the Building Official shall forward it to the City Secretary who shall request the City Council to set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing the petitioner shall be given an opportunity to be heard and to show why such refusal should be modified or withdrawn. C. APPEAL FROM NOTICE ISSUED BY THE BUILDING OFFICIAL Any person affected by any notice which has been issued in connection with the enforcement of any provision of this ordinance applicable to such park, by the Building Official, may request and shall be granted a hearing on the matter before the City Council; provided that such person shall file within ten (10) days after the day the notice was served, in the office of the Building Official a written petition requesting such hearing and setting forth a brief statement of the grounds therefore. The filing for the request for a hearing shall operate as a stay of the notice and of the suspension except in the case of an order issued under Section 3, paragraph E of this ordinance. Upon receipt of such petition, the Building Official shall forward such petition to the City Council to set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing, the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn. D. HEARING ORDER February 14, 2012 After such hearing, the Building Official shall issue an order in writing sustaining, modifying, or withdrawing the refusal, which order shall be served as provided in Section 3, paragraph A (d) hereof. Upon failure to comply with an order by the Building Official sustaining or modifying a decision thereof, the occupancy permit of the park affected by the order shall be revoked. E. ORDER WITHOUT NOTICE Whenever the Building Official finds that an emergency exists which requires immediate action to protect the public health or safety, he may without notice or hearing issue an order reciting the existence of such an emergency and requiring that action be taken as he may seem necessary to meet the emergency. Not with standing any other provisions of this ordinance, such order shall be effective immediately. Any person to whom such an order is directed shall comply therewith immediately, but upon written petition to the Building Official shall be afforded a hearing as soon as possible. The provisions of Section 3, paragraph D of this ordinance shall be applicable to such hearing and the order issued thereafter. SITE REQUIREMENTS A. SITE REQUIREMENTS Any mobile home park constructed or any mobile home moved into a park, after the adoption of this ordinance, and for any extension or addition to an existing mobile home park in the City, shall be done in compliance with the following site requirements: (1) SPACE REQUIREMENTS No mobile home space shall contain less than 3500 square feet and be less than 35 feet wide and no mobile home shall occupy more than 40% of the total square feet of any lot. (2) OFF STREET PARKING Off street parking shall be provided on each mobile home space in the ratio of two (2) parking spaces for each mobile home space. Each parking space shall be hard‐surfaced with Clifton Code of Ordinances Page 215 all ‐ weather material and located to eliminate interference with access to parking areas provided for other mobile homes and for the public parking in the park. (3) OPEN SPACE REQUIREMENTS (a) The minimum front yard setback shall be eight (8) feet from the nearest corner of the mobile home to the front line of the mobile home space. (b) No mobile home shall be closer than eight (8) feet to any property line or closer than eight (8) feet to the property line adjoining a public street. (c) For other structures on each space, the minimum front yard setback shall be at least eight (8) feet. (d) The minimum distance between mobile homes at any point shall be sixteen (16) feet. (4) SOIL AND GROUND COVER Exposed ground surfaces in all parts of every mobile home park shall be paved, covered with stone screening or other solid material, or protected with vegetative growth that is capable of preventing soil erosion and of eliminating dust. (5) DRAINAGE The ground surfaces in all parts of a park shall be graded and equipped to drain all surface water in a safe, efficient manner. (6) DESIGN AND LOCATION OF STORAGE FACILITIES Unless provided in current mobile home models, storage facilities with a minimum capacity of 200 cubic feet per mobile home space, within one hundred (100) feet of each space. Where provided, storage facilities shall be designed in a manner that will enhance the appearance of the park and shall be faced with masonry, porcelain steel, baked enamel steel, or other material equal in fire resistance, durability and appearance. Storage outside the perimeter walls of the mobile home shall be permitted only if in such facilities. All standards February 14, 2012 for building must comply with other City building codes. (7) MOBILE HOME STANDS The area of the mobile home stand or place shall provide adequate support and drainage for placement of the mobile home. Mobile home shall be tied down according to H.U.D. specifications. (8) FIRE SAFETY STANDARDS (a) STORAGE AND HANDLING OF LIQUEFIED PETROLEUM GASES In parks in which liquefied petroleum gases are stored and dispensed, their handling and storage shall comply with requirements of the City Plumbing Code and City Fire Code. (b) STORAGE AND HANDLING OF FLAMMABLE LIQUIDS In parks in which gasoline, fuel oil, or other flammable liquids and stored and/or dispensed, their handling and storage shall comply with the City Fire Code. (c) ACCESS TO MOBILE HOMES FOR FIRE FIGHTING Approaches to all mobile homes shall be kept clear for fire fighting. (d) FIRE HYDRANT SPACING Fire hydrant spacing must be such that no mobile home space is located more than 500 feet from a fire hydrant. (9) WATER DISTRIBUTION SYSTEMS (a) The water supply system of the mobile home park shall be connected by pipes to all mobile homes, buildings, and other facilities requiring water. (b) All water piping, fixtures and other equipment shall be constructed and maintained in accordance with State and City regulations and requirements. (c) Individual water riser pipes and connections shall be in accordance with requirements of the City Plumbing Code. Clifton Code of Ordinances Page 216 10) SEWAGE DISPOSAL applicable codes and regulations for such systems. (a) GENERAL REQUIREMENTS An adequate and safe sewage system shall be provided in all mobile home parks for conveying and disposal of all sewer. The sewage system for a mobile home park shall be constructed in accordance with the City Plumbing Code. All proposed sewage disposal facilities shall be approved by the Sewer Department Superintendent prior to construction. Effluents from sewage treatment facilities shall not be discharged into any water of the State except with prior approval of the City Health Officer and the appropriate regulatory agency of the State. (b) SEWER LINES All sewer lines shall be constructed and of materials in accordance with the City Plumbing Code. (1a) Each mobile home stand shall be provided with at least a (4”) four‐
inch diameter sewer riser pipe. The sewer riser pipe shall be so located on each stand that the sewer connection to the mobile home drain outlet will approximate a vertical position. (1b) The sewer connection to the mobile home from the sewer riser pipe and any other sewer connections shall be in accordance with the requirements of the City Plumbing Code. (1c) All materials used for the sewer connections shall be in accordance with the City Plumbing Code. (1d) Provision shall be made for plumbing the sewer riser pipe when no mobile home occupies the space. Surface drainage shall be diverted away from the riser. 11) ELECTRICAL AND TELEPHONE DISTRIBUTION SYSTEMS (a) All electrical wiring in the mobile home park shall be installed in accordance with the City’s approved National Electric Code. Telephone lines in the mobile home park shall be installed underground or overhead, to be determined by the telephone company. (b) GENERAL REQUIREMENTS Every park shall contain an electrical wiring system consisting of wiring fixtures, equipment and appurtenances, which shall be installed in accordance with February 14, 2012 (c) POWER DISTRIBUTION LINES, INDIVIDUAL ELECTRICAL CONNECTIONS AND GROUNDING All power distribution lines individual electrical connections and grounding of the mobile homes and equipment shall comply with the City’s approved National Electric Code. 12) SERVICE BUILDING AND COMMUNITY SERVICE FACILITIES (a) BARBECUE PITS, FIREPLACES Cooking shelters, barbecue pits, fireplaces and wood‐
burning stoves shall be so located, constructed, maintained and used as to minimize fire hazards and smoke nuisance both on the property on which used and on neighboring property. No open fire shall be permitted. (b) REFUSE AND GARBAGE HANDLING Centrally located refuse containers having a capacity of three cubic yards or larger may be provided if serviced by a City approved carrier. If provided, such containers shall be so designed as to prevent spillage, container deterioration and to facilitate cleaning around them. The storage, collection and disposal of refuse in the mobile home park shall be conducted as provided by the City of Clifton Sanitation Ordinance. (c) INSECT AND RODENT CONTROL Grounds, buildings and structures shall be maintained free of insects and rodent harborage and infestation. Extermination methods and other measures to control insects and rodents shall conform to the requirements of the City Health Director. Parks shall be maintained free of accumulation of debris, which may provide rodent harborage of breeding places for flies, mosquitoes and other pests. The growth of brush, weeds, and grass shall be controlled to prevent harborage of noxious insects or other pests. Parks shall be so maintained as to prevent the growth of noxious weeds detrimental to health. Open areas shall be maintained free of heavy undergrowth of any description. If necessary, the City shall cause the area to be cleaned and assess the cost of any charges performed by the City or hired by Clifton Code of Ordinances Page 217 the City and bill owner on monthly utility statement. (d) FUEL SUPPLY AND STORAGE From and after the effective date of this ordinance, the following shall apply: Natural gas piping systems shall be installed underground and maintained in accordance with applicable codes and regulations governing such systems. Each mobile home space provided with piped gas shall have a cap on the outlet when not in use to prevent accidentally discharge of gas, and shall be in accordance with the City Plumbing Code. (e) STREET REQUIREMENTS Street right of way width shall be minimum of fifty feet. All services excavations shall be completed before a street is constructed. Streets must be paved. Curb and gutter is allowed but not required. Minimum paved surface width must be thirty feet. Base material for streets shall be # 1 rock 6” compacted type B, grade 1, item # 244, Texas Highway Department specifications, with 1 ½” hot mix for surface to be applied within nine months after rock base is applied. Concrete paving is allowed. Shoulders shall be composed of four inch thick compactable # 1 rock, three feet wide on each side of paving. Street signs shall be erected according to the specifications of the City Council. All street construction and street signs and installation thereof shall be at the developer’s expense without reimbursement. (f) WATER AND SEWER CONSTRUCTION REQUIREMENTS (1a) Exterior water line supply mains and sewage collection lines in excess of five hundred feet necessary to supply water and sewer service to a development shall be built at the developer’s expense to the City’s specifications without reimbursement. If approved by the City Council, the City will install a maximum of five hundred feet of six inch exterior water main and five hundred feet of six inch exterior sewer main to supply water and sewer service to a development. If required, the developer shall install a sewer lift station built to the City’s specifications. (1b) INTERIOR February 14, 2012 LINES All interior water and sewer lines shall be built to the City of Clifton specifications at the developer’s expense including water mains, master meters, laterals, valves fittings fire hydrants, sewer mains, manholes, wryer, and cleanouts. (g) MISCELLANEOUS REQUIREMENTS (1a) RESPONSIBILITES OF THE PARK MANAGEMENT (aa) All responsibilities set out elsewhere in this ordinance. (bb) The owner or his agent shall operate the park in compliance with this and other applicable ordinances and shall provide adequate supervision to maintain the park, its facilities and equipment in good repair and in a clean and sanitary condition. (cc) The owner or agent shall notify park occupants of all applicable provisions of this ordinance and inform them of their duties and responsibilities under this ordinance. (dd) The owner or agent shall maintain a register of park occupancy which shall contain the following information: (aaa) Name, ID or driver’s license number and address of park residents (bbb) Mobile home registration date, including make, length, width, year of manufacture and identification number (ccc) Location of each mobile home within the park by space or lot number and street address (ddd) Dates of arrival and departure (ee) A register shall be initiated on January 1st of each year, and the old register shall be retired but shall be retained on the premises for at least three (3) years following the retirement. Resisters shall be available for inspection at all reasonable times that an official of the City of Clifton whose duties may necessitate according to the information contained therein. (ff) The owner or agent shall furnish to the City Secretary within ten days after the first day of January of each year, a listing of all mobile home residents in the park on the first day of January. The list shall contain the owner’s name and address, the make, length, width, year manufacture and identification number of the mobile home and the address or location description of said mobile home within the park. Within ten days after the first day of July of each year, the owner or agent shall furnish to Clifton Code of Ordinances Page 218 the City Secretary the same data required in the preceding paragraph on all residents who have moved into the park after the first day of January, and information on mobile homes which have moved out of the park after the first day of January including the foregoing data plus the date on which each mobile home left the park, and the destination of the mobile home if this destination can be obtained. (1b) RESPONSIBILITIES OF PARK OCCUPANTS (aa) All responsibilities set out elsewhere in this ordinance. bb) The park occupant shall comply with all requirements of this ordinance and shall maintain his mobile home space, its facilities and equipment in good repair and in a clean and sanitary condition. (cc) The park occupant shall be responsible for proper placement of his mobile home in its mobile home stand and proper installation of all utility connections in accordance with the instructions of the park management. (dd) Fire resistant skirting with the necessary vent screens and/or openings and tie downs shall be required on all mobile homes in mobile home parks and shall be installed within thirty days after emplacement of the mobile home. Skirting, porches, awnings, and the other additions, when installed shall be maintained in good repair. This use of space immediately underneath a mobile home for storage shall be permitted under the following conditions: The storage area shall have a base of impervious material. Stored items shall not interfere with the underneath inspection of the mobile home. For occupants of pre‐existing mobile home parks said occupants shall within sixty days of the said ordinance meet all requirements for occupants set forth in this ordinance. Hook up to City utilities in accordance with City ordinances and codes and electrical connections in accordance with the National Electric Code Underpinning with proper venting (2) Mobile homes situated on sites which are outside of mobile home park as of January 1, 2002, May remain in place for as long as they otherwise conform with this ordinance. Upon their removal from the location, however, the sites revert to their permanent zoning classification and may no longer be used for mobile homes or other non‐conforming uses. B. “NEW” MOBILE HOMES OUTSIDE LICENSED MOBILE HOME PARKS No mobile home shall be placed on any lot, tract, or parcel of land which is not located inside a mobile home park. C. WORK TRAILER SITES The provisions of this ordinance shall not apply to existing work trailer sites. CONFLICT WITH OTHER ORDINANCES Whenever the standards and specifications in this ordinance conflict with those contained in another ordinance, the most stringent or restrictive provision shall govern. SEPARABILITY CLAUSE Should any portion or part of this ordinance be held for any reason invalid, or enforceable the same shall not be construed to affect any other valid portion hereof but all valid portions hereof shall remain in full force and effect. MOBILE HOME RESTRICTIONS PENAL PROVISIONS A. EXISTING MOBILE HOMES OUTSIDE MOBILE HOME PARKS Any person violating any provision of this ordinance within the corporate limits of the City of Clifton Texas shall be guilty of a misdemeanor and upon conviction shall be fined in accordance with Section 1‐9. Each day that such violation continues shall be a separate offense. (1) All existing mobile homes located outside mobile home parks shall meet the following requirements within thirty (30) days after the effective date of this ordinance. Tie down anchoring February 14, 2012 Clifton Code of Ordinances Page 219 Sec. 93­3 District "C­1" Commercial ­ 1 district. similar nuisance and that such may not be located in a front yard. Height Regulations: No Building shall exceed two and one‐half stories. The following regulations shall apply to the "C‐
1" Commercial ‐ 1 District. Yard Regulations. Use Regulations: A building or premise in this district shall be used only for the following purposes: Front yard. There shall be a front yard along front line of lot. The minimum depth of such front yard shall be twenty feet. Any use permitted in District "R‐1" and "R‐2". Side yard: For uses permitted in the "R‐2" District the side yard regulations for that district shall apply. For additional uses permitted in the "8‐1" District no side yards are required except that on a corner lot the side yard on a street shall be twenty feet. Where a lot is used for any of the commercial purposes permitted in this district and abutting on the side of a lot in an "R‐l" or "R‐2" District there shall be a side yard of not less than five feet. For R‐1 or R‐2 uses within a C‐1 district, the regulations of the respective R‐1 or R‐2 zones apply. Bakeries, retail sales only. Dancing or music academies. Personal service uses including barber shop, beauty parlors, photographic or artist studios, dressmaking, tailoring, shoe repairing, repair of bicycles, catering, restaurants, and other personal service uses of similar character. Restaurants and ice cream parlors. Retail stores and other local business uses supplying the everyday shopping needs of immediate neighborhood and subject to the following conditions: (a) That it be conducted wholly within an enclosed building. (b) That required yards be not used for display, sale or storage of merchandise, or for the storage of vehicles, equipment, containers, trailers or waste material. (c) That all merchandise be first‐hand and be sold at retail on the premises . (d) That such use be not objectionable because of odor, excessive light, smoke, dust, noise, vibration, or similar nuisance. Theater. Accessory buildings and uses customarily incident to any of the above uses, provided that such be not objectionable because of odor, excessive light, smoke, dust, noise, vibration, or February 14, 2012 Rear yard. For uses permitted in the "R‐2" District the rear yard shall be the same as in the "R‐2" District. For all other uses a rear yard is not required except when it abuts upon an "R‐l" or "R‐2" District in which case there shall be a rear yard of not less than ten feet. Signs: Advertising signs may be used when attached to a building and advertising only services, articles or products which are offered within the building to which such sign is attached, and provided that such sign shall not extend above the outside walls of such building nor more than one foot from the face of the walls of such building, nor shall it contain an area of more than twelve square feet. One freestanding sign not to exceed twenty‐four (24) feet in height will be allowed in the front yard provided such sign does not exceed thirty (30) square feet in area. Intensity of Use: For uses permitted in the "R‐
2":' District, the minimum lot area and minimum lot width shall be the same as in the "R‐2" District. There are no minimum lot area or lot width requirements for other uses. Parking regulations: Parking regulations for dwellings are the same as those in the "R‐2” Clifton Code of Ordinances Page 220 District. Where any structure is erected, reconstructed or converted for commercial uses or any of the business uses permitted in this section parking spaces shall be provided at the ratio of not less than one (1) parking space for each two hundred square feet of floor space in the building which is used for commercial purposes. Such parking space may be located on the same lot as the building or on an area within three hundred feet of the building. ∙Two or more owners of the building may join together providing this parking space. Additional use, height, and area regulations Additional use, height, and area regulations and exceptions are found in the section entitled "Exceptions.” Sec. 93­6 District "C­2" Commercial – 2 District. The following regulations shall apply to the "C‐
2" Commercial District. Use Regulations: A building or premise in this district shall be used only for the following purposes: Any use permitted in District "R‐1". Automobile or trailer display and sales, repair garages, tire and seat cover shops, car wash. Automobile museum Bakeries. Banks . Building material storage yards. Business or commercial school. Candy and jewelry manufacturing. Carpentry, painting, plumbing or tin‐smithing shops. Cleaning and dyeing plants, laundry. Creamery, ice cream manufacturing and dairy operation. Farm implement display and sales room. Florist shop or green house. Ice plants. Laundries, self service. Milk distributing station. Mortuaries. Offices and office buildings. Pet shops, retail. Printing, engraving and newspaper plants. February 14, 2012 Public utilities substations. _ Radio or television broadcasting station or studio. Retail stores. Upholstering shop, not involving furniture manufacturing. Veterinarian or animal hospital provided that no such building, kennel or exercise runway shall be closer than 50 feet to any "R" District. Wholesale establishments and warehouses. Any similar uses as determined by the Board of Adjustments which are not likely to create any more offensive noise, vibration, dust, heat, smoke, odor, glare, or other objectionable influences than the minimum amount normally resulting from other uses permitted, such permitted uses being generally . wholesale and retail trade, service industries and light industries that manufacture, process, store and distribute goods and materials and are in general department on raw materials refined elsewhere. Accessory buildings and uses customarily incident to any of the above uses, provided that such be not objectionable because of odor, smoke, dust, noise, vibration, or similar nuisance. Height regulation: No building shall exceed six (6) stories or seventy‐five feet in height. Yard regulations: Front yard: For uses permitted in the "R‐2" District, the front yard requirements shall apply, and for other uses permitted in this district, no front yard is required. Side yard: For uses permitted in "R‐2" District, the side yard requirements for the "R‐2" District apply. For other uses, no side yards are required. Rear yard: For uses permitted in the "R‐2" District, the "R‐2" rear yard requirements shall apply. For other uses, no rear yards are required. Signs: Lighted and unlighted signs and poster boards are allowed. Clifton Code of Ordinances Page 221 Intensity of Use For uses permitted in the "R‐2" District, the minimum lot area and‐minimum lot width shall be the same as the "R‐2" District. There are no minimum lot area or lot width requirements for other uses. Parking regulations: The parking regulations for dwellings are the same as those in the "C‐1" District. Where any structure is erected reconstructed or converted for any of the business of commercial uses permitted in this section parking spaces shall be provided in this ratio of not less than one (1) parking space for each two hundred (200) square feet of floor space in the building which is used for commercial purposes. Such parking space may be located on the same lot as the building or on an area within three hundred (300) feet of' the building. Two or more owners of buildings may join together to provide this parking space. Motel. At least one parking space shall be provided and maintained on the lot for each living unit. Additional use, height and regulations. Additional use, height and area regulations and exceptions are found in the section entitled "Exceptions." Sec. 93­7 District "M­1" Industrial District The following regulations shall apply to the “M‐
1” Industrial District. Use regulations: A building or premise in this district shall be used only for the following∙ purposes: 1. Any use permitted to District "C‐2". 2. Apparel and other products assembled from finished textiles. 3. Bottling works. 4. Carting, express, hauling or storage yard. 5. Coal, coke, or wood yard. 6. Contractor's yard. 7. Cosmetic manufacture. 8. Drugs and pharmaceutical products manufacturing. February 14, 2012 9. Electronic products assembly. 10. Fur good manufacture, but not including tanning or dyeing. 11. Glass products, from previously manufactured glass. 12. Household appliance products assembly and manufacture from prefabricated parts. 13. Industrial and manufacturing plants including the processing or assembling of parts for production of finished equipment where the process of manufacturing or treatment of materials is such that only a nominal amount of dust, odor, gas, smoke or noise is emitted and not more than ten per cent of the lot or tract is .used for the open storage of products, materials, or equipment. 14. Musical instruments assembly and manufacture. 15. Plastic products manufacture, but not including the processing of raw materials. Sec. 93­8 Exceptions. Use Regulations: Accessory buildings: No accessory building shall be constructed upon a lot until the construction of the main use building has been actually commenced. No accessory building shall be used unless the main use building on the lot is also being used. Railroad rights‐of‐way. On all existing rights‐of‐
way or railroad companies, regardless of the zoning' district in which such rights‐of‐way are located, railroad track accessories to railroad movement may be constructed or maintained. Area and density regulations: In a district in which commercial or industrial buildings are built with one or more stories for residential purposes above the commercial or industrial uses, no side yards will be required for the residential portions of the building provided that the part of the building intended for residential use is not more than two rooms deep from front to rear. No yard or other open space provided about any building for the purpose of complying with the provisions of these regulations shall again Clifton Code of Ordinances Page 222 be used as a yard or an open space for another building. Every part of a required yard shall be open to the sky and unobstructed by buildings except for accessory buildings in the rear yard and except for the ordinary projection of skylights, sills, belt courses, cornices, and other ornamental features which may project into yards a distance of not more than two feet. Terraces, uncovered porches, platforms, and ornamental features which do not extend more than three feet above the floor level of the ground (first) story ray project into a required side yard provided these projections be a distance of at least two feet from the adjacent side lot line. Front yards: Vision clearance. On any corner lot on which a front or side yard is required, no wall, fence, sign or other structure shall be permitted more than three feet above curb level within fifteen feet of the intersection of the property lines. Side yards: A side yard of not less than twenty‐
five feet on the side of the lot adjoining on an "R‐1" or "R‐2" district shall be provided for' all schools, libraries, churches, community houses, clubs, and other public or semi‐public buildings hereafter erected or structurally altered. Where a lot in the "C‐1" or "C‐2" or "I" districts is not used for residential purposes and abuts upon "R‐1" or "R‐2" districts, a side yard shall be provided of not less than five feet. Rear yard: In the "R‐1" or "R‐2" districts, accessory buildings shall not occupy more than thirty per cent of the required minimum rear yard area. Accessory buildings shall be a minimum of twelve feet from the main use building. In the "R‐1" or "R‐2" districts, no necessary buildings shall be more than one story in height. In computing the depth of a rear' yard where such yard opens into an alley, one‐half of the width of such alley may be assumed to be a portion of the required yard. Sec. 93­9 Nonconforming Uses. February 14, 2012 Nonconforming use of land: The nonconforming use of land where no building is involved existing at the time of the passage of this ordinance may be continued for a period of two (2) years there from provided that no such nonconforming use of land shall in any way be expanded or extended is then on the same or adjoining property; and that if such nonconforming use of land. or any portion thereof is discontinued or changed, any future use of such land shall be in conformity with regulations of the district in which it lies. Nonconforming use of buildings: Except as otherwise provided in this ordinance, the ~~~ time this ordinance becomes effective may be continued, and the use of a nonconforming building may be changed to another use of the same or more restricted classification, it shall not thereafter be changed back to a use of a less restricted classifications. A nonconforming building which is or may hereafter become vacant and which remain unoccupied or its nonconforming use discarded for a continuous period of one year shall not thereafter be occupied except by a use which conforms to regulations of the district in which it is located. A nonconforming building may be maintained or kept in good repair except as otherwise provided in this section. No existing nonconforming building may be enlarged, extended, reconstructed or altered unless its use is changed to a use permitted in the district in which such building is located except in the event such enlargement, extension, reconstruction, or alteration is required by court decision, law, or ordinance. A non conforming building which is damaged by fire, explosion, flood, wind, earthquake, or other calamity or act of God or the public enemy to the extent of fifty per cent or more of its reasonable value may not be restored except in conformity with the regulations of the district in which it is located. Sec. 93­7 Permits. No permit for the erection, alteration, or enlargement of any building shall be issued by Clifton Code of Ordinances Page 223 the Building Inspector unless there first be filed in his office by the applicant therefore, a plat, drawn to scale, and in such form as may be prescribed by the said Building Inspector, correctly showing the location and actual dimensions of the lot of the building to be erected, altered or enlarged, together with a true statement in writing, signed by the applicant, showing use for which such building is arranged, intended or designed, and furnishing such other information as the Building Inspector pay require in the enforcement of the provisions of this ordinance, and any failure to comply with the provisions of this ordinance shall be good cause for the revocation of any such building permit by ~~~ applications and plats shall be kept in the office of the Building Inspector. Sec. 93­10 Community Unit Plan. The owner or owners of any tract of land in Clifton, Texas, compromise" an area of not less than ten (10) acres, may submit to the City Building Inspector a plan for the use and development of all of the tract of" land" for residential purposes. The development plan shall be referred" to the City Planning Commission for study, public hearing, and report. The commission’s recommendations and report, together with the plans, shall be submitted to the City Council within thirty (30) days for consideration and action. The recommendation and report by the Planning Commission shall contain specific evidence and facts showing whether or not the proposed project meets the following conditions: The property adjacent to the area included in the plan will not be adversely affected. The plan is consistent with the intent and purposes of this ordinance to promote public health, safety, morals and general welfare. The buildings will be used only for purposes provided for in the "R‐l" and "R‐l" and "R‐2" Districts. February 14, 2012 The average lot area per family contained in the site, exclusive of the area occupied by streets, will be not less than the lot area per family required in the district in which the development is located. If the City Council approves the plan, building permits and certificates of occupancy may be issued even though the use of the land and the location of the buildings to be erected in the area and the yards and open spaces contemplated by the plan do not conform in all respects to the district regulation of the district in which it is located. Sec. 93­11 Certificate of Occupancy No vacant land shall be occupied or used except for agricultural uses until a certificate of occupancy shall have been issued by the Building Inspector. No premises shall be used and no buildings hereafter erected or structurally altered shall be used, occupied or changed in use until a certificate of occupancy and compliance shall have been issued by the building laws and the provisions of these regulations. Certificates of occupancy and compliance shall be applied for coincident with the applications for a building permit and shall be issued within ten (10) days after the erection of such buildings shall have been completed in conformity with the provisions of these regulations. A record of all certificates shall be kept on file in the office of the Building Inspector. No permit for excavation for any building shall be issued before application has been made for certificate of occupancy and compliance. A certificate of occupancy shall be required of all nonconforming use. Application for a certificate of occupancy for nonconforming uses shall be filed within twelve (12) months from the effective date of this ordinance with the Building Inspector. Sec. 93­12 Boundaries of Districts Clifton Code of Ordinances Page 224 Where uncertainty exists with respect to the boundaries of the various districts as shown on the map accompanying and made a part of this ordinance, the following rules apply. The district boundaries are either streets or alleys unless otherwise shown, and where the districts "designated on the map accompanying and made a part of this ordinance are bounded approximately by street or alley lines, the street or alley shall be construes to be the boundary of the district. Where the district boundaries are not otherwise indicated, where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be the lot lines, and where the districts designated on the map accompanying and" made a part of this ordinance are bounded approximately by lot lines, the lot lines shall be construed to be the boundary of the districts unless the boundaries are otherwise indicated on the map. In subdivided property, the district boundary lines on the map accompanying and made a part of this ordinance shall be determined by use of the scale appearing on the map. Sec. 93­13 Board of Adjustments The Board of Adjustments shall consist of five members who are property owners in the City of Clifton, Texas each to be appointed for a term of two (2) years and removable for cause by the City Council upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. The Board shall adopt rules in accordance with the provisions of this ordinance. Meetings of the Board shall be held at the call of the Chairman and at such other times as the Board" may determine. Such chairman, or in his absence the acting Chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member February 14, 2012 upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official action all of which shall be immediately filed in the office of the Board and shall be a public record. The concurring vote of four members of the Board shall be necessary to reverse any order, requirement, decision or determination of any administrative official or to decide in favor of the applicant on any matter upon which it is required to pass under any such ordinance or to effect any variation in such ordinance. Appeals to Board of Adjustment may be taken by an officer, department head or bureau of the City of Clifton Texas, by anyone affected by any decision of the Building Inspector. Such appeal shall be taken within a reasonable time, as provided by the rules of the Board of Adjustments a notice of appeal specifying the grounds thereof and by paying a filing fee of three dollars ($3.00) to the Tax Collector of the City of Clifton, Texas, at the time the notice if (is) filed, which shall be credited to the General Fund of the City of Clifton, Texas. The officer from whom the appeal is taken shall forthwith transmit to the Board all the' papers constituting the record upon which the action appealed from was taken. An appeal stays all proceedings in furtherance of the‐∙action appealed from unless the officer from whom the appeal is taken certifies to' 'the Board of Adjustments after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such cases, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Adjustments or by a court of record on application or notice to the officer from whom the application is appealed and on the cause shown. The Board of Adjustment shall fix a reasonable time for the hearing of the appeal, giving public notice thereof, as well as due notice to the parties in interest, and decide the same within a Clifton Code of Ordinances Page 225 reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney. The Board of Adjustment shall have the following powers: To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this ordinance. When a property owner can show that a strict application of the terms of this ordinance relating to the use, construction or alteration of buildings or structures or the use of land will impose upon him practical difficulties or particular hardship, the Board may consider and allow variations of the strict application of the variations are in harmony with the general purpose and intent of this ordinance, and the Board is satisfied under the evidence heard by it that a granting of the variation will not merely serve as a convenience to the applicant but will alleviate some demonstrable hardship or difficulty so great as to warrant a variation from the comprehensive plan by this ordinance created. The board may authorize a variance where by reason of exceptional narrowness, shallowness, or shape of a specific piece of property of record at the time of the adoption of this ordinance" or by reason of exceptional topographical conditions or other extraordinary or exceptional situation or condition of a specific piece of property, the strict application of a provision of this ordinance would result in peculiar and" exceptional practical difficulties and particular hardship upon the owner of the property and amount to a practical confiscation of the property as distinguished from a mere inconvenience to the owner, provided' the variation can be granted without" substantial detriment to the public" good and without substantially impairing the general purpose and intent of the comprehensive plan as established by the regulations and provisions contained in this ordinance. February 14, 2012 Special exceptions‐ Where in its judgment the public convenience and welfare will not be substantially or permanently injured, the Board of Adjustment may in a specific case, after public notice and hearing and subject to appropriate conditions and safeguards, authorize special exceptions to the regulations herein established as follows: To permit a transitional use between a business or industrial district and a dwelling district where the side of a lot in a one family district or a two family district abuts upon a lot zoned for a business or industrial purpose as follows: On a lot in a single family dwelling district which sides upon a lot zoned for business or industrial purposes, the ~~~ Permit the extension of a building or use into a more restricted district immediately adjacent thereto but not more than fifty (50) feet beyond the boundary line of the district in which such building or use is authorized. Grant in undeveloped sections of the city temporary and conditional permits for not more than two (2) years. The granting or existence of such temporary or conditional permit shall not be reason or cause for extension of such permit. Permit such modification of yard, open space, lot area, or lot width regulations as may be necessary to secure an appropriate improvement of a parcel of land if such parcel is separately owned a at the time of the original passage of this ordinance or subsequent annexation of the city and is of such restricted area that it cannot be appropriately improved without such modification. To determine in cases of uncertainty the classification of any use not specifically named in this ordinance. To grant a permit for the extension of a use, height or area regulation into an adjoining district where the boundary line of the district divided a lot in a single ownership at the time of the adoption of this ordinance. Clifton Code of Ordinances Page 226 To permit as an accessory use of a parking area for passenger automobiles on a lot or lots in a single family, duplex, or apartment house district adjoining or across a street of not more than fifty (50) feet in width from a "R‐l" or “R‐2" District, subject however, to the following provisions The area shall be properly enclosed with a hedge, screen, fence, wall or other suitable enclosure having a height of not less than three (3) feet nor more than six (6) feet. Such fence or enclosure shall conform to the front yard regulations of the district in which it is located. The area shall be paved. No parking of vehicles shall be permitted within six (6) feet of any adjoining lot on which is located a single family residence, duplex or multiple dwelling. One sign, not exceeding two and one‐half (2 1/2 square feet in area, may be erected identifying the lot. No charges may be made for parking area shall be so arranged as to direct the light away from any adjoining premises used for residential purposes. Permit the reconstruction of a building occupied by a nonconforming use or permit the extension of a nonconforming use of a building upon the lot occupied by such use or building at the time of the passage of this ordinance. Appeals Any appeal or permit granted by the Board of Adjustments shall not be valid if construction authorized by said permit is not begun within a period of sixty (60) days. In exercising the above ‐ mentioned powers, such Board may, in conformity with the provisions of this act, reverse or affirm, wholly, or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all February 14, 2012 the powers of the officer from whom the appeal is taken. In considering all appeals and all proposed variations to this ordinance, the Board shall; before making any finding in a specific ease, first determine that the proposed variation shall not constitute any change in the District Map and will not impair an adequate supply of light and air to adjacent property or materially increase the congestion in public streets or increase the public danger of fire and safety or materially diminish or impair established property values with in the surrounding area or in any respect impair the public health, safety, comfort, morals, and welfare to the City of Clifton, Texas. Every variation granted or denied by the Board shall be accompanied by a written finding of fact based on sworn testimony and evidence specifying the reason for granting or denying the variation. Sec. 93­14 Changes and Amendments The City Council may from time to time amend, supplement, or change by ordinance the boundaries of the districts or the regulations herein established. Before taking any action on any proposed amendment, supplement or change, the City Council shall submit the same to the City Planning Commission for its recommendation and report. A public hearing shall be held by the City Council before adopting any proposed supplement, amendment, or change. Notice of such hearing shall be given by publication three (3) times in the official publication of the City of Clifton, Texas, stating the time and place of such hearing which time shall not be earlier than fifteen (15) days from the first day of such publication. Unless such proposed amendment, supplement, or change has been approved by the City Planning Commission or if a protest against such amendment, supplement or change has been filed with the Building Clifton Code of Ordinances Page 227 Inspector duly signed and acknowledged by the owners of twenty (20) per cent or more either of the area of the lots included in such proposed change or those immediately adjacent in the rear thereof extending two hundred (200) feet there from of those directly opposite thereto extending two hundred (200) feet from the street frontage of such opposite lots, such amendment, supplement, or change shall not become effective except by a three‐
fourths (3/4) vote of the City Council. Sec. 93­15 Enforcement and Penalty for Violation It shall be the duty of the Building Inspector to enforce the provisions of this' ordinance and to refuse to issue any permit for any building or for the use of any premises which would violate any of the provisions of said ordinance In case any building is erected, constructed, reconstructed, altered, repaired or converted or any building or land is used in violation' of this ordinance, the Building Inspector is authorized and directed to institute any appropriate action to put an end to any such violation. Any person or corporation who shall violate any of the provisions of this ordinance or fail to comply therewith or with any of the requirements thereof or who shall build or alter any building in violation of any detailed statement or‐plan submitted and approved hereunder shall be guilty of a misdemeanor and shall be liable to a fine and each day such violation shall be permitted to exist shall constitute a separate offense. The owner or owners of any building or premises or part thereof where anything in violation of this ordinance shall be placed or shall exist and any architect, engineer, builder, contractor, agent, person or corporation employed in connection therewith and who may have assisted in the commissi9n of any such violation shall be guilty of a separate offense and upon conviction thereof shall be fined as herein before provided. February 14, 2012 Sec. 93­16 Interpretation, Purpose and Conflict In interpreting and applying the provisions of this ordinance, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity, and general welfare. It is not intended by this ordinance to interfere with or abrogate or annual any ordinance, rules, regulations, or permits previously adopted or issued and not in conflict with any of the provisions of this ordinance or which shall be adopted or issued pursuant to law relating to the use of building or premises and likewise, not in conflict with this ordinance, nor is it intended by this ordinance to interfere with or abrogate or annul any easements, covenants or other agreements between parties except that , if this ordinance imposes great restriction, this ordinance shall control Sec. 93­17 Validation If any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this ordinance .s a whole or any part or provision thereof other than the part so decided to be invalid or unconstitutional. Should any provision of this ordinance be determined in conflict with another ordinance, the stricter of the two shall be used. Clifton Code of Ordinances Page 228