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06/29/1992-CC-Agenda Packet-Work Session
CITY COUNCIL WORKSHOP MONDAY, JUNE 299 1992 201 BOLIVAR STREET, CITY HALL 6:00 P.M. 1. Ca1i Meeting to Order 2. Review and Lliscuss Cc�dificatian of All City Qf Sanger Ordinances 3. Any Other Such Matters 4. Adj©urnment Rosalie Garcia City Secretary t MEMORANDUM TO: FRONT: DATE: SUBJECT. C11 Y OF Z)aIVtawTMx P. O. BOX 578 BANGER, TEXAS 76266 Members of the City Council Mayor Nel Armstrong June 26, 1992 Workshop, 6/29/92 As you know, John has been out this week i11 and due to the fact that I feel we need to study the changes in this New Code Book before voting on it, I am setting up a Workshop this Monday night at 6:Q0 p.m. Sandwiches will be served at the workshop. A staff attorney from G.S.A,.. will be here to discuss changes with us. I am sending you some ordinances that are either changed or new. There will be additional sections of other ordinances available Monday, but, I wanted you to have some time to look these over. We only have two (2) copies of the new book -- sorry. If you have any questions, call me. NA:es Attachments § 1.306 Tax Certificates* The Tax Collector shall collect a fee of ten dollars ($10.00) for each tax certificate issued as authorized by Section 31.08 of the Texas Property Tax Code. Tax certificate fees shall be deposited into the City treasury. (Ordinance 020-87 adopted 10-5-87, Chapter 1, Section 8E, Code of 1982) § 1.307 Taxation of "Freeport Goods"t All of that property described in the Texas Constitution, Article VIII, Sec. 1 j, shall be fully taxable in the City of Sanger beginning January 1, 1990. (Ordinance 018-89, Section 1, adopted 12-489) ARTICLE 1,400 HOTEL OCCUPANCY TAX** § 1.401 Definitions The following words, terms and phrases are, for the purposes of this article and except where the context clearly indicates a different meaning, defined as follows: consideration. The cost of the room, sleeping space, bed or dormitory space but shall not include the cost of any food served or personal services rendered to the"occupant not related to cleaning and readying such room or space for occupancy, and shall not include any tax assessed for the occupancy thereof by any other governmental agency. Hotel. Any building or buildings, trailer, or other facility in which the public may, for consideration, obtain sleeping accommodations. The term shall include hotels, motels, tourist homes, houses or courts, lodging houses, inns, rooming houses, trailer houses, trailer motels, dormitory space where bed space is rented to individuals or groups; apartments not occupied by permanent residents, as that term is hereinafter defined, and all other facilities where rooms or sleeping facilities or space are furnished for a consideration. As defined herein, "hotel" shall not include hospitals, sanitariums or nursing homes. OccupancX. The use or possession, or the right to the use or possession of any room, space or sleeping facility. ccu ant. Anyone who, for consideration, uses, possesses, or has the right to use or possess any room or rooms, or sleeping space or facility in a hotel under any lease, access, license, contract or agreement. Permanent resident. Any occupant who has or shall have the right of occupancy of any room or rooms or sleeping space or facility in a hotel for at least thirty (30) consecutive days during the current calendar year or preceding year. Person. Any individual, company, corporation, or association owning, operating, managing or controlling any hotel. *State Law reference —Authority of taxing unit to charge for and issue tax certificates, V.T.C.A., Tax Code, tState Law reference —Authority of taxing unit to take action to tax freeport goods, V.T.C.A., Tax Code, § 11.251 (00 **State Law reference -Authority to levy hotel occupancy tax, V.T.C.A., Tax Code, ch. 351. 1-7 Quart rl�period. The regular calendar quartanerds Nlar h; the sechond quaff er being the composed of the months of January, February, �, : months of April, May and June; the third quarter being the months of July, August, and September; and the fourth quarter being the,months of October, November, and December. Tax ollector. The Tax Collector of the City of Sanger. § 1.402 Tax Levied; Amount; ExceptionsIr (a) There is hereby levied a tax upon the cost of occupancy of any room or space furnished by any hotel where such cost of occupancy is at the rate of two dollars ($2.00) or �-- more per day, such tax equal to seven percent (7%) of the consideration paid by the nccnnant of such room to such hotel, exclusive of other occupancy taxes imposed by other governmental agencies. (b) No tax shall be imposed hereunder upon a permanent resident. -="�(c) No tax shall be imposed hereunder upon a corporation or association organized and operated exclusively for religious, charitable or educational purposes, no part of the net earnings of which inures to the benefit of any private shareholder or individual. § 1.403 Collection of Tax Every person owning, operating, managing or controlling any hotel shall collect the tax imposed by Section 1.402 hereof for the City of Sanger. § 1.404 Filing of Quarterly Report On the last day of the month following each quarterly period, every person required in Section 1.403 hereof to collect the tax imposed herein, shall file a report with the Tax Collector showing the consideration paid for all room occupancies in the preceding quarter,. the amount of the tax collected on such occupancies, and any other information the Tax Collector may reasonably require. Such person shall pay the tax due on such occupancies at the time of filing such report. There shall also be furnished to the Tax Collector of the City of Sanger at the time of payment of said tax a copy of the quarterly report filed with the State Comptroller in connection with the State of Texas hotel occupancy tax. § 1.405 Authority to Promulgate Rules and Regulations; Access to Books and Records The Tax Collector shall have the power to make such rules and regulations as are reasonable and necessary to effectively collect the tax levied hereby, and shall, upon reasonable notice, have access to books and records necessary to enable him/her to determine the correctness of any report filed as required by this article and the amount of taxes due under the provisions of this article. § 1.406 Reimbursement for Cost of Collecting Tax` Every person required in Section 1.403 to collect the tax imposed by this article, may deduct and withhold from the payment to the Tax Collector, as reimbursement for the cost r� *State Law reference -Reimbursement for tax collection expenses, V.T.C.A., Tax Code, § 351.005. '�� 1-8 7 0 of collecting the tax, an amount not to exceed one percent (1%) of the amount of the tax collected and required to be reported to the Tax Collector. § 1.407 Failure to Collect Tax, Make Reports and Pay Tax If any person required by the provisions of this article to collect the tax imposed herein, or make reports as required herein, and pay to the Tax Collector the tax imposed herein, shall fail to collect such tax, file such report or pay such tax, or if any such person shall file a false report, such person shall be fined in an amount not to exceed two hundred dollars ($200.00) and shall pay to the Tax Collector the tax due, together with a penalty of five percent (5%) of the tax due for the first thirty (30) days that the same is not timely filed and an additional five percent (5%) for more than thirty (30) days. Such person shall also forfeit the reimbursement for the cost of collecting the tax. § 1.4v$ ieiinquent Hotel Occupancy Taxes and Hotel Purchasers Persons purchasing any hotel which is subject to this article must retain out of the purchase price an amount sufficient to cover any delinquent hotel occupancy taxes that are due to the City of Sanger. If the purchaser does not remit to the City such amount or show proof that the hotel is current in remitting its hotel occupancy taxes, then he or she becomes liable for any delinquent hotel occupancy taxes due on the purchased hotel. § 1.4Q9 Tax Applies to Extraterritorial Jurisdiction The Hotel Occupancy Tax Ordinance of the City of Sanger, as amended, and as may be amended, shall apply to all territory within the extraterritorial jurisdiction of the City of Sanger as the same may exist from time to time, and the same shall be and is hereby imposed on all applicable persons within the said extraterritorial jurisdiction of the City of Sanger. § 1.410 State Tax Code Applicability Administration of this article is to be done in accordance with the state law provisions regarding hotel occupancy taxes found at V.T.C.A., Tax Code, ch. 351. (Ordinance adopting Code) ARTICLE 1.500 FICA Y AR The fiscal year for accounting and budgeting purposes of the City of Sanger shall begin on the first (1st) day of October of each calendaz year and shall terminate on the thirtieth (30th) Jay of September of the next succeeding calendar year. (Ordinance 09-87 adopted 8-31- 87, Chapter 1, Section 9, Code of 1982) ARTICLE 1.600 FORM OF GnVFRNM NT The City of Sanger hereby accepts the provisions of V.T.C.A., Local Government Code for a Type A general law municipality (formerly Chapter 1-10,.Title 28, Revised Civil Statutes of the State of Texas and the amendments thereto). Government of the City and its affairs are guided thereby. (Ordinance adopting Code) r l 1-9 CITY.OF SANGER, TEXAS ORDINANCE NO., 04-88 AN ORDINANCE OF THE CITY OF SANGER, TEXAS, REGULATING SEXUALLY ORIENTED COMMERCIAL ACTIVITIES: PROVIDING DEFINITIONS: PROVIDING FOR THE ISSUING OF PERMITS FOR SEXUALLY ORIENTED BUSINESSES, REGULATING ADVERTISING OR DISPLAY OF A SEXUALLY ORIENTED COMMERCIAL ACTIVITY; PROHIBITING SEXUALLY ORIENTED COMMERCIAL ACTIVITIES NEARER THAN ONE THOUSAND (1,000) FEET FROM THE NEAREST PROPERTY LINE OF ANY LINE IN ANY RESIDENTIAL ZONE, OR ANY PUBLIC, PRIVATE, OR PAROCHIAL SCHOOL, LIBRARY, PARK, PLAYGROUND, OR OTHER RECREATIONAL FACILITIES, WHETHER COMMERCIAL OR NONPROFIT, IN ANY OTHER ZONE, OR NEARER mUAW nMV munT7CTMn /1 1 nni rwvT rpnm mwv TTrapvgT PPnPFPTY 111"LV VLVL 111VV VLLLv1 %.a_, V V V / LINE OF ANY CHURCH, CONVENT, MONASTERY, SYNAGOGUE, OR OTHER SIMILAR PLACE OF RELIGIOUS WORSHIP; PROVIDING A SEVERABILITY CLAUSE: PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF ONE THOUSAND DOLLARS ($1,000.00) FOR THE VIOLATION OF SECTION IV(1) OF THIS ORDINANCE, AND A SEPARATE OFFENSE'SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES: PROVIDING A PENALTY OF FINE OF TWO HUNDRED DOLLARS ($200.00) IN A VIOLATION OF ANY SECTION OF THIS ORDINANCE OTHER THAN SECTION IV(1) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, ,The City Council of the City of Sanger, Texas makes the following findings with regard to sexually oriented establish- ments: (1) Section 243.007 of the Local Governmental Code authorizes general law cities to permit with regard to sexually oriented establishments. (2) Article 1015 of Vernon's Civil Statutes of: the State of Texas authorizes general law cities to enforce all ordinances necessary to.protect health, life, and property, and to preserve the good government, order, and security of such cities and their inhabitants. (3) Sexually oriented businesses require. special supervision from the public safety agencies of the city in order to protect and preserve the health, safety, and welfare of the patrons of such businesses as well as the citizens of the city. (4) The City Council finds are frequently used for including prostitution nature. . that sexually oriented businesses unlawful sexual activities, and sexual liaisons of a casual 5) The concern over. sexually ( transmitted disease is a legitimate health concern of the city which demands reasonable regulation of sexually oriented businesses in order to protect the health and well-being of the citizens. -1- (6) The issuing of permits is a legitimate and reasonable means of accountability to ensure that operators of sexually oriented businesses comply with reasonable regulations and to ensure that operators do not knowingly allow their establishments to be used as places of illegal sexual activity or solicitation. (7) There is convincing documented evidence that sexually oriented businesses, because of their very nature, have a deleterious effect on both the existing businesses around them and the surrounding residential areas adjacent to them, causing increased crime and the downgrading of property values. (8) The City Council further finds that the police in numerous other jurisdictions have made a substantial ,..�.,., ,.P fir gPX„ally related crimes in sexually oriented business establishments. (9) It is recognized that sexually oriented businesses, due to their nature have serious objectionable operational characteristics particularly when they are located in close proximity to each other, thereby contributing to urban blight and downgrading the quality of life in adjacent areas. (10) The City Council desires to minimize and control these adverse effects and thereby preserve the property values and character of surrounding neighborhoods, deter the spread of urban blight,.protect the citizens from increased crime, preserve the quality of life, and protect the health, safety, and welfare of the citizenry; and further; WHEREAS, the City Council makes the following findings with regard to the issuing of permits to operators of sexually oriented business establishments: (1) The City Council believes it is in the interest of public safety and welfare to prohibit persons convicted of certain crimes from engaging in the occupation of operating a sexually oriented business. (2) The City.Council has determined that no person who has been convicted of a crime listed in Section V(I), as set forth in this ordinance, is presently fit to operate a sexually oriented business until the respective time periods designated in that section have expired. (3) It is the intent of the City Council to disqualify a person from being issued a sexually oriented business permit by the City of Sanger if he has been convicted within the designated time period of any of the crimes listed in Section •••�V, as set forth in this ordinance$ NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL :OF THE CITY OF BANGER: SECTION I That the Code of Ordinances of the City of Sanger be, and the same are hereby, amended by adding the following: SECTION II. PURPOSE AND INTENT 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 the continued 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. It is also to limit the display of such materials where they may be visible to persons who have no desire to see them. 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. SECTION III. DEFINITIONS (1) SEXUALLY ORIENTED COMMERICAL ACTIVITIES shall mean commercial enterprises whose major business is the offer- ing of a service which is intended to provide sexual stimulation or sexual gratification to the customer, including, but not limited to, massage parlors, nude modeling studios, love parlors, adult bookstores, adult video stores, adult motion picture theaters, adult mini -motion picture theaters, adult cabaret, escort agency, adult motels, and sexual encounter centers, and such establishment is customarily not open to the public generally, but only to one or more classes of the public excluding any minor by reason of age. (2) ADULT BOOKSTORE OR VIDEO STORE shall mean an establish- ment having a substantial or significant portion of its stock in trade, books, magazines, and other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, and "peep shows" of those items, which are distinguished or characterized by'their_ emphasis on pictorial or photographic representatives of "specified sexual activities" or "specified anatomical areas" (as defined herein) or an establishment with a segment or section devoted to the sale or display of such material. A "significant or substantial portion" shall mean more than one-third of the stock in trade or sales of the described material in excess of five thousand dollars r, ($5,000.00) retail value per year. (3) ADULT MOTION PICTURE THEATER shall mean an enclosed building or outdoor screen presenting material distinguish- ed or characterized by an emphasis on matter depicting, -3- .. describing or relating to "specified sexual activities" or "specified.anatomical areas" (as defined herein) for observation by patrons of such establishments. (4) ADULT CABARET means a nightclub, bar, restaurant, or similar commercial establishment which regularly features: (a) persons who appear in a state of nudity; or (b) live performances which are characterized by the exposure of "specified.anatomical areas" or "specified sexual activities", or (c) films, motion pictures, video cassettes, slides, _Lu_ vt L.u_ALg.i% pivnS .b..1. V111Cwwl,.►k.Ia . care characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas." (5) ESCORT AGENCY means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts, as one of its primary business purposes, for a fee, tip, or other consideration. (6) 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, painted, schulptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. (7) SEXUAL ENCOUNTER CENTER means a business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration: (a) physical contact in the form of wrestling or tumbling between persons of the opposite sex, or (b) sexual activities between male and female persons and/or persons of the same sex when one or more of the persons in a state of nudity or semi-nude. (8) ADULT MOTEL means a hotel, motel or similar commercial establishment which: (a) offers accommodations to the public for any form of consideration; provides patrons with closed- circuit television transmissions, films, motion pictures, video cassettes, slides, on 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 type of photographic reproductions; or c> —4— - (b) .offers a sleeping room for rent for a period of time that is less than 10 hours; or (c) allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than 10 hours. (9) SPECIFIED SEXUAL ACTIVITIES shall mean: (a) human genitals in a state of actual or simulated sexual stimulation of arousal; (b) acts of human masturbation, sexual intercourse, or .sodomy; (c) fondling or other erotic touching of human genitals, „'h1 ; .. ,-�,-.; r,n h„+-+-nnkc - nr fAma 1 r� hraa �t pua.,.a.1\. a. �y,a.vaa, ,..........vv,.., � ..� ............`.� ..._ _�._ .. (d) "sexual intercourse, "sexual contact," or "deviate sexual intercourse" as defined in Section 21.01, Texas Penal Code. (10) SPECIFIED -ANATOMICAL AREAS shall mean less than completely covered human genitals, pubic region, buttocks, and female breast below a point immediately above the top of the areola. SECTION IV. SEXUALLY ORIENTED COMMERCIAL ACTIVITIES - REGULATIONS (1) No building permit or certificate of occupancy may be granted for, and a person commits an offense if he operates or causes to be operated, a sexually oriented commercial activity nearer than one -thousand (1,000) feet from the nearest property line of any land in any residential zone, or any public, private, or parochial school, day care center, library, park, playground, or other recreational facility,.. whether commercial or nonprofit, in any other zone, or any church, convent, monastery, synagogue, or other similar place of religious worship, or the property line of a lot devoted to residential use. (2) A person commits an offense if he operates a sexually oriented business .without a valid permit, issued by the City for the particular type of business. (A) An application for a permit must be made on a form provided by the City of Sanger. The application form shall be sworn to and shall: (i) include the name and address of the applicant: (ii) state whether or not the applicant meets each of the requirements. set forth in Sec. IV_ of� .this. Ordinance; (iii) the name and address of each person required to.sign the application pursuant to Section IV(C) of this Ordinance, and the name, address -�: and type of entity�(if any) of each person or entity owned or controlled by such persons which owns or controls an interest in the business to be licensed; and(iv) such other matters, consistent witl},thi� ��" �; -5- Ordinance, as may be specified in the application form. 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 IV(4) of this article shall submit a diagram meeting the requirement of Section IV(4). (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 *ho lAw by i-he health department, fire department, and building official. (C) If a person who wishes.to operate a sexually orient- ed business is an individual, he must sign an application for a license as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who directly or indirectly through one or more intermediaries, owns or controls a 10 percent or greater interest in the business must sign and submit, as an applicant, a separate application containing all applicable information required by Seca IV ...(A) of this Ordinance. Each applicant must be qualified under Section ••�A . and each applicant shall be considered the holder of a permit if a permit is granted. (3) No individual, proprietorship, partnership, corporation, association, or other legal entity, whether as owner, manager, operator, employee, or person in charge of an establishment conducting sexually oriented commercial activities shall cause, suffer, or permit any advertise- ments, displays, or other promotional materials to be shown or exhibited so as to be visible to the public from pedestrian sidewalks or walkways or from other public streets, alleys or areas, nor permit any building opening, entry or window for any structure containing a sexually oriented commercial activity to be located, covered,.or screened in such a manner as to permit a view into the interior of such structure from any public, semi-public or private area not a part of the property of said structure. (4) 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 square 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: -6- (A) Upon application for a sexually oriented business permit, 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 thirty-two (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 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 gnffiriani- to Rhow the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches. The City Administrator 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. (B) The application shall be sworn to be true and correct by the applicant. (C) No alteration in the configuration or location of the manager's station may be made without the prior approval of the City Administrator or his designee. (D) 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. (E) 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, than 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. -7- (F) 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) remains unobstructed by 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) of this section. (G) 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 (1.0) footcandle as measured at floor level. (H) It shall be the du and it shall also employees present the illumination ty of the owners and operator be the duty of any in the premises to described above, is all times that any patron is present (I) A person having a duty under through (H) of Subsection (E) if he/she knowlingly fails t requirements.. (5) An additiona evidence tha similar Comm vacanted two less than 10 that the est defined in t if, as the p hotel, motel that does no permit, he r and, within he rents or agents and ensure that maintained at in the premises. Paragraph (A) above commits an offense o fulfill the above 1 regulation for an adult motel is if t a sleeping room in a hotel, motel, or ercial establishment has been rented and or more times in a period of time that is hours creates a rebuttable presumption ablishment is an adult motel as that term is his article and a person commits an offense SECTION V. ISSUANCE OF PERMIT (1) The City Administrator shall approve the issuance of a permit to an applicant or the transfer by an applicant. of all or any part of his ownership or control of a sexually oriented business within 30 days after receipt of an application unless he finds one or more of the following to be true: (A) An applicant is under 18 years of age. (B) 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. (C) An applicant has failed to provide information reasonably necessary for issuance of the permit or has falsely answered a question or request for information on the application form. (D) 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 years immediately preceding the application. � The fact that+ a� conviction is being appealed shall have no effect. (E) An applicant is residing with a person who has been denied a permit by the city to operate a sexually oriented business within the preceding 12 months, or residing with a person whose permit to. operate a sexually oriented business has been revoked with the preceding 12 months. (F) The premises to be used for the sexaully oriented business are not in compliance with applicable zoning laws or have not been approved by the health department, fire department, and the building official as being in compliance with applicable laws and ordinances. (G) The license fee required by this article has not been paid. (H) An applicant or the proposed establishment is in violation of or is not in compliance with any of the regulations of Section V, (I) An applicant or an applicant's spouse has been convicted of a crime: (A) involving: (i) any of the following offenses as described in Chapter 43 of the Texas Penal Code: (aa) prostitution (bb) promotion of prostitution fi 6 (cc) aggravated promotion of )��-� prostitution �`� (dd) compelling prostitution -9- (ee) obscenity (ff) sale, distribution, or display of harmful material to minor (gg) sexual performance by a child (hh) possession of child pornography (i). any of the following offenses as described in Chapter 21 of the Texas Penal Code: (aa) public lewdness (bb) indecent exposure (cc) indecency with a child (iii) sexual assault or aggravated sexual as described in Chapter 22 of the Texas Penal Code; (iv) incest, solicitation of a child, or harboring a runaway child as described in Chapter 25 of the Texas Penal Code; (v) criminal attempt, conspiracy, or solicitation to commit any of the fore- going offenses; (B) for which: (i) less than two years have elapses since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense: (ii) less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if -the conviction is of a felony offense; or (iii) less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction,.whichever is the later date, if the convictions are of two or more misdemeanor offenses 'or combination of misdemeanor offenses occuring within any 24-month period. -10- 24-month period. (2) The permit, if granted, shall, state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the sexually oriented.business. The permit shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be easily read at any time. SECTION VI. FEES (1) The annual fee for a sexually oriented business permit is $500.000 SECTION VII. INSPECTION (1) An applicant or the holder of the permit shall permit representatives of the police department, health department, fire department, electrical department, and building inspection department to inspect the premises of a sexually oriented business for the purpose of insuring compliance with the law, at any time it is occupied or open for business. (2) A person who operates a sexually oriented business or his agent or employee commits an offense if he refuses to permit a lawful inspection of the premises by a representative of the above described departments at any time it is occupied or open for business. SECTION VITI. EXPIRATION OF A PERMIT (1) Each permit shall expire one year from the date of issuance and may be renewed only by making application as provided in Section IV. Application for renewal should be made at least 30 days before the expiration date. (2) When the City Administrator denies renewal of a permit, the applicant shall not be issued a permit for one year from the date of denial. If, subsequent to denial, the City Administrator finds that the basis for denial of the renewal permit has been corrected or abated, the applicant may be granted a permit if at least 90 days have elapses since the date denial became final. SECTION XI. APPEAL (1) If the City Administrator denies the issuance of a permit, or the renewal of a permit, he shall send to the applicant, by certified mail, return receipt requested, written notice.of his action and the right to an appeal. The aggrieved party may appeal the decision of the City Administrator to the City Council. The 0ng of an appeal stays the action of the City. -11- 013 (a) (2) The applicant may, not later than 10 calendar days after receiv is n g notice of the denial,, file with the City Secretary a written request for a hearing before the City Council. (3) A hearing by the Council may proceed if a quorum is present. The council shall hear and consider evidence offered by any interested person. (4) The City Council may, in its discretion, grant an exemption from the locational restrictions of Section IV(1) if it meets all of the following findings: findings: (a) 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; (b) That the granting of the exemption will not violate the spirit and intent of this article of the city code; (c) 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; (d) 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 (e) That all other applicable provisions of this article will be observed. (5) The 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 council regarding the permit appeal is final. (6) 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 locational restriction of Section IV (1) until the applicant applies for and receives another exemption. (7) If the council denies the exemption, the applicant may not re -apply for an exemption until at least 12 months have elapsed since the date of the council's action. C1 (8) The grant of an exemption does not exempt the applicant from any other provisions of this article other than the locational restrictions of Section IV(l). -12- SECTION X. That any ordinance of the City of Sanger in conflict with the provisions of this ordinance is hereby repealed. SECTION XI. Should any section, paragraph, sentence, clause or phrase of this ordinance be held to be invalid or unconstitutional for any reason, such holding shall not affect the remaining portions of this ordinance which are declared to be severable. SECTION XII.. Any person, firm or corporation violating Section IV(1) of this ordinance, upon conviction in the Municipal Court ..gr 401,.. n;4MIT ^�F Car,nor R+ovac shall he n»niahcar� hx? a fine VY 1+aar. %eva.vY va. ►.. uaay .... a., i�Is�..V .,..... �. �. ..... r. ................. ~M1 ... �s..� not to exceed the sum of One Thousand Dollars'($1,000.00), and a separate offense shall be deemed committed each day during or on which an offense of Section IV(1) occurs or continues, and any person, firm or corporation violating any other provision or term of this ordinance, upon conviction in the Municipal Court of the City of Sanger, Texas, shall be punished by a.fine not to exceed the sum of Two Hundred Dollars ($200.00) for each offense, and each and every day any such violation shall continue shall be deemed to constitute a separate offense. SECTION XIII. This ordinance shall take effect immediately from and after its passage and the publication of the caption as the law in such cases provides. DULY PASSES the -City Council of t e City of Sanger, Texas, on APPROVED: Ar /U a let ��� MAYOR DULY ENROLLED: Sftft Mae W&OftMO eft '5;&00V APPROVED AS TO FORM: CITY SECRETARY CITY ATTORNEY rN qU -13- h4 It,+: Ad k I it r,1 I4slie..Nrll--LJ9�. ?q(j Citti,.Gduncil met on ttii:.. d6te memi:ers j�resc:nt,eere--,J.L.tiJr:;t �; ; •..: , 4vemun- O.J.lrown-- ii.Ir. �ooper, vi th 1:,. Y* Pate AAf y or Pro. Tem . '; prey ainq.''Tho minutes of therprevloua otioctink rare re�a�� and i, provFd.: ' 1. 1�fiti's The OtLAY+�ps h4 of the election returns KtIu done, by a cdrwuit.tec 4.ppk3;4tza �, Awa.x• Yrotem YLte,IILmely ti.C.Coope.r und,,�,J;brown after tnpy nturpec to council rQu4i L44 made tt4eir'report to t•he {, COUP91i- Up or PLte �.rwouricr,a' the e1�eGtioa Of - J:1,.ltorst oc x r< ;,,; t. f:•�►,}zeeuz3- Lou ncilmeu receviu&. the ioJloKinL votEbit NI + .. .. , 1 r. �U-- 7he booktiou of 4. chickcu jrcinance ?1.L uone Liter the council (,uic:t b Lit 1ALOut same, then t. motion. vhs mete L), J.L. 41or4 �.ad see.by ;1.tp.LcemLn t.ha t the foliuwini, ordininee be ` Luopteu. - Thiy monop ceirriI lot e�;. 1 �roItw,Lice. - ..._-- 1'0 be 'it ordainea f3' At Tiit: Citi council of 7'bc pity Of ..t,n�er,Texas 6� • follows-- ThiAt ull ;)trwa; ohuiii« cnickea:.y'.' uineLb, or uth;r "�,.: fowl.: xitt;in tac cAL 1J.:ait:. of �t,ngvr Texes,.;ill be fined not ' uxCfjLAlinL tLa wlli rL u��:i cauvicti.u,, fur l� ttin t.t�Em rati t t lark: in tiie city limit:: u1 :>r.notrq e ono Lppravco, this ::i;ueu. '� 1.".th-C.L� �S �•pril-ld�,��. L (�_ G�: C.i reY✓�P�v � .41 a` Other bubintsss',)ertr+Inlaj. to vity rrLS balked :bout nfinely ' �r.Lvelin� streets- bb.Llin& of cite lot etv the price of lot Lti:1?W *lc#t4t krJ,ce.'Ltw.t : Jil lotxt.t L p rovtous meeting of . ;M ?; , twa�thou.�i►nc o,allars. j.1Atat U114a L motion wbE: mEde try r..�1. L Ewa. ariei ,c. Lb IJO L&I�oape:r tint the council vjoura. This Lyo , prateTl-='' �WOW - -----� .� ORDINANCE N0. 1@S2- 1 AN ORDINANCE REQUIRING THAT ALL DOGS MORE THAN TIIREE MONTHS OLD BE VACCINATED AGAINST RF►BIES; PROHIBITING THE RUNNING AT LARGE OF DOGS WITHIN THE CITY LIrdITS OF SANGER, TEXAS; I'ROVIDTNG P'OR � THE IMPOUNDING OF DOGS IN VIOLf►TION OF THIS r ORDINANCE, THE RIGHT TO REDEEM SAME; PROVIDING THAT ALL IMPOUNDED DOGS SHALL BE REDEEMED WITHIN THREE DAYS AFTER CAPTURE AND IMPOUNDMENT AND FOR THE DISPOSITION THEREOF; REQUIRING THAT DOGS RED � +MED b'ROM THE DOG POUND MUST IMP�IEDIA'PELY BE VACCINATED; PROVIDING FOR -THE QUARANTINE OF R!►BID DOGS OR DOGS WHICH HAVE BITTEN PERSONS; REQUIRING THF� REPORTING OF RABID DOGS; PROHIBITING BARKING DOGS AND PROVIDING A PENALTY THEREFOR; PROVIDING THAT ANY PERSON VIOLATING ANY PROVISIONS OF THIS ORDINANCE SHALL BE GUILTY OF A MISllEMEANOR, AND FINED, UPON CONVICTION, NOT LXCIJEDING TWO HUNDRED (�200.00) DOLLARS; PROVIDING A SAVIIJG CLAUSE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS THEREOF IN COPtPLICT WITH THL PROVISIONS OF THIS ORDINANCE; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: SECTION 1. ARTICLI; 1-1. DOGS PROHIBITED UNLESS VACCINATED. It shall be unlawful for the owner or harborer of any animal of the dog kind more than three months old to harbor or permit said dog within the City Limits, of the City of Sanger, Texas, unless said dog has been vaccinated against rabies, and bears a vaccination tag, as provided in Article 1-2 of this ordinance. ARTICLE 1-2. VACCINATION OF DOGS. All animals of the dog kind, more than three months old, within the City limits of the. City of Sanger, Texas, are required to be immunized against rabies. Whoever administers said vaccine shall issue to the owner or person having said dog vaccinated a certi- ficate of vaccination stating the name of the owner, the address where the dog is kept, description of the dog, date of the vaccination, the number of the rabies identification tag, and kind of vaccine used. He shall also furnish to the owner of such animal a metal tag one one side of which is stamped "Rabies Vaccine Administered" or a similar phrase and the date of vaccination, which tag at all times shall be securely attached to a collar around the neck of the animal or to a harness around the neck and body of the animal vaccinated. ARTICLE 1-3. RUIQiJING AT LARGE PROHIBITED. Tt shall be unlawful for the owner or harborer of any dog to permit such dog to run at large upon the streets, alleys, or any public place within the City Limits of the City of Sanger, Texas, unless such dog be at all times under control of said owner, a member of said owners immediate family or said owner�a agent or servant. At all other times said dog shall be confined to the premises of said owner by a substantial fence of sufficient strength and height to prevent said dog from escaping therefrom, inside the house, or secured on said premises by a leash consisting of a metal chain of sufficient strength to prevent said dog from escaping from said premises and so arranged that said dog will remain upon said premises when the leash 18 stretched to full length. J. . -1- ARTICLE 1-�.. DUTY OF OFFICERS TO IMPOUND. It shall be the duty of the City Marshal or any health officer or any police officer to cause to be taken up or impounded all animals of the dog kind loose or at large in violation of the terms of this ordinance. The City Dog Pound shall be under the control and supervision of the City Marshal, who is hereby designated as Poundmaster hereunder. ARTICLE 1-5. RIGHT TO REDEEM. The owner of any dog impounded under the terms of this ordinance shall have the right to redeem same, unless otherwise provided, upon payment to the Poundmaster for said animal so redeemed, of the sum of One Dollar and Fifty Cents (�1,50)for each day or fraction thereof that each such animal has been so impounded, in addition to the fine, if any, imposed under the penal provisions of cilia ordinance. 'Phe sums ao paid to the poundmaster shall be paid by him into the City Treasurer. ARTICLE 1-6. TIME TO REDEEM. All impounded dogs shall be claimed and redeemed by the owner thereof within three days after the capture and impoundment of such dogs, and all such animals not claimed and redeemed within the said time shall be subject to disposition by the Poundmaeter, and shall be given to new owners who may so request at the dog pound, or destroyed, if no new owner is found. ARTICLE 1-?. VACCINATION OF REDEEMED DOGS. All animals of the dog kind redeemed at the dog pound must be immediately vaccinated against rabies in accordance with the provisions of this ordinance. In order to redeem a dog not vaccinated in accordance with the provisions of this ordinance, said owner must sign a statement giving the name of the owner and the address where said dog shall be confined, and stating that he will have said dog vaccinated immediately in accordance with this ordinance. Failure to have said dog vaccinated shall be grounds for immediate return of said dog to the City Pound, and said animal may be destroyed or otherwise disposed of, and the failure to so comply with the terms of such agreement and promise to have said dog vaccinated shall constitute an offense under this ordinance and shall be punished in accordance with Article 1:11 of this ordinance. ARTICLE 1-8. QUARANTINING OF DOGS EiCPOSED TO RABIES. Any animal oP the dog kind that has rabies or symptoms thereof or is suspected of having rabies or that has been exposed to rabies, in addition to the provisions of Article 1-3, shall be immediately and securely confined by tying with a chain of good quality and kept there under the supervision of the Department of Public Health or the Police Department for a period of not less than sixty days. ARTICLE 1-9. QUARANTINING OF RABID DOGS OR ANIMALS WHICH HAVE BITTEN PERSONS. Every animal of the dog kind tthat has rabies or symptoms thereof, or any animal that bites, scratches, or otherwise attacks any person or persons within the city limits, in addition to the other provisions of this ordinance, shall be immediately and securely confined by the owner, or one having custody, by tying with a chain of good quality for a period of ten days subject to inspection from time to time so ae to be able to determine whether said animal is affected by rabies; or said animal shall be quarantined and held for a like time in any veterinary hospital approved by the Health Department, or shall be held at the City Pound for ten days, after which period of time and in the event such animal is determined to be free from rabies, said animal may be returned to the owner, or if not claimed thereafter may be given to another owner or destroyed iP a new owner cannot be found. .+Zr ARTICLE 1-10. REPORTING RABID DOGS. It shall be the duty of the owner or harborer or the practicing veterinarian to r©port to the Police Department all cases of rabies with which he comae in contact or to which his attention has been directed. This report shall be made immediately upon diagnosis or suspicion of such cases of rabies. ARTICLE 1-11. PENALTY Any person violating the provisions of any of the foregoing articles pertaining to dogs shall be guilty of a misdemeanor and shall bo fined, upon conviction, not exceeding Two hundred and no/100 ( y�200.00 ) Dollars . ARTICLE 1-12. BARKING DOGS. Any person who shall harbor or keep on his premises or in or about his premises, or bremisaa nnArar ht o ,,,,.,+..,,, animal of the dog kind which by loud or unusualvbarkingUor or howling, shall cause the peace and quiet of the neighborhood or the occupants of adjacent premises to be disturbed, shall be guilty of a misdemeanor, and, upon conviction, shall be fined not exceeding Two Hundred and no/100 (�200.00) Dollars, and each and every twenty -Pour hours that said dog shall remain or be kept on any such premises shall constitute a separate offense. ARTICLE 1-13. RIGHT TO DESTROY UNVACCINATED DOGS The Health Officer, the City Marshal, or any health officer or police officer shall have the right, but shall not be required, to immediately destroy or cause to be destroyed, any animal of the dog kind which has not been vaccinated, or to which the required vaccination tag has not been attached as heretofore provided, when such dog cannot be caught for impoundment or when such animal is deemed to be dangerous to the public. SECTION 2. -�.._.�_ IP any part or parts of this ordinance shall be held to be invalid; such invalidity shall not affect the validity of the remaining parts of this ordinance and the City Council hereby declares that it would have passed the remaining parts of this ordinance if it had known that such part or parts thereof would be declared invalid. SECTIONi 3. A11 ordinances or parts of ordinances inconsistent or conflicting with the provisions of this ordinance are hereby repealed, provided however that the repeal of existing ordinances by this ordinance shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the taking effect of this ordinance; but prosecution for such offenses may be instituted and causes presently pending proceeded with in all respects as if such prior ordinance had not been repealed. SECTION The fact that vicious doge in the City Limits of the City of Sanger have caused personal injuries, numerous oases of property damage, and widespread annoyance and general disturbance of the peace of the community, and the fact that the present ordinances governing the control of dogs in the City of Sanger are deemed inadequate to control such dogs within the City Limits r � � �.F x ., ��...... �� _g_ i of the City of Sanger, creates an urgency, emergency, and imperative public necessity -for the immediate preservation of the public peace, health, comfort, safety and general welfare, and requires that this ordinance shall take effect immediately from and after its passage, and it is accordingly so ordained. PASSED AND APPROVED, this, the �ct6 day of �1�YtY April A. D. 1961. , ATTEST: �y Secretary `. ', �_ '� �. --�--_ n • � '�' r ;,__ AN ORDINANCE PROHIBITING THE I{EEPING OF CERTAIN STOCK IN THE CITY; AN ENCLOSURE RERUIRED IN THE KEEPING OF CERTAIN ANIMALS; PROVID- . ING A PENALTY; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF SANGER, TEXAS, HEREBY ORDAINS: LIVESTOCK SECTION I. Keeping of certain stock in the City. Hogs. It shall be unlawful for any person to feed, breed, or keep any hog or hogs, pig or pigs, in any lot, pen, building, stable or other enclosures in the City, any part of which lot, pen, building, .stab le or other enclosure is nearer than one thou- sand (1,000) feet to any occupied building. Other Animal. It shall be unlawful for any person to feed, breed, stable, pasture or keep any cow or cows, goat or goats, horse, or horses, or sheep in any lot, pen, building, stable or other enclosure in the City, any part of which lot, pen, building, stable or other enclosure is within two hundred (200) feet of any occupied building. SECTION II. Enclosure required in keeping certain animals. Size of Lots. It shall hereafter be unlawful for any person to stable, pasture, feed, breed or keep any hog or hogs, pig or pigs, cow or cows, goat or goats, horse or horses, or sheep in any lot, pen, building, stable or other enclosure in the City, smaller in size and dimensions than is required by the follovring specifi- cations: 1. HOGS: For one hog or pig, a lot, pen, building or other enclosure of not less than one hundred (100) square feet shall be required. For each additional hog or pig in `i any such lot,'pen, building or other enclosures an adds-- -- tional one hundred (100) square feet shall be required. ' � 2. COWS, SHEEP AND GOATS: For one cow, sheep or goat, a lot, pen, building, stable or other enclosure of not less than four hundred (�I00) square feet shall be required. For each additional cow, sheep or goat in any such lot, pen, building, stable or other enclosure an additional four hundred (U00) square feet shall be required. :- � AN ORDINANCE PROHIBITING THE I{EEPING OF CERTAIN STOCK IN THE CITY; AN ENCLOSURE RERUIRED IN THE KEEPING OF CERTAIN ANIMALS; PROVID- . ING A PENALTY; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF SANGER, TEXAS, HEREBY ORDAINS: LIVESTOCK SECTION I. Keeping of certain stock in the City. Hogs. It shall be unlawful for any person to feed, breed, or keep any hog or hogs, pig or pigs, in any lot, pen, building, stable or other enclosures in the City, any part of which lot, pen, building, .stab le or other enclosure is nearer than one thou- sand (1,000) feet to any occupied building. Other Animal. It shall be unlawful for any person to feed, breed, stable, pasture or keep any cow or cows, goat or goats, horse, or horses, or sheep in any lot, pen, building, stable or other enclosure in the City, any part of which lot, pen, building, stable or other enclosure is within two hundred (200) feet of any occupied building. SECTION II. Enclosure required in keeping certain animals. Size of Lots. It shall hereafter be unlawful for any person to stable, pasture, feed, breed or keep any hog or hogs, pig or pigs, cow or cows, goat or goats, horse or horses, or sheep in any lot, pen, building, stable or other enclosure in the City, smaller in size and dimensions than is required by the follovring specifi- cations: 1. HOGS: For one hog or pig, a lot, pen, building or other enclosure of not less than one hundred (100) square feet shall be required. For each additional hog or pig in `i any such lot,'pen, building or other enclosures an adds-- -- tional one hundred (100) square feet shall be required. ' � 2. COWS, SHEEP AND GOATS: For one cow, sheep or goat, a lot, pen, building, stable or other enclosure of not less than four hundred (�I00) square feet shall be required. For each additional cow, sheep or goat in any such lot, pen, building, stable or other enclosure an additional four hundred (U00) square feet shall be required. :- � �` , } i Manure Boxes, Each and every lot, pen, building, stable or other enclosure in the City in which any of the above named animals, or other species are kept, fed, bred, stabled, pastured or housed shall have.._a manure box not less than four (4) feet square and not less than three (3) feet deep in which all manure and droppings shall be placed each day. Each such box shall be securely screened or otherwise protected from flies, vermit and rodents and shall be thoroughly cleaned out and disinfected at least once each week, It shall hereafter be unlawful to pile or stack manure in open stacks in the City. SECTION III. Penalty Provisions, Any person violating any of the provisions of this ordinance, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not to exceed Two Hundred ($200,00) Dollars. Each day such violation shall continue or be permitted shall be treated as a separate offense. SECTION IV. Repealing Clause. All ordinances or parts of ordinances in conflict herewith are hereby repealed. If any provision of this ordinance shall be declared void or unconstitutional, such declaration shall not affect the remaining portion of this ordinance, SECTION V. Effective Date. That an emergency exists due to the need to perserve the public health, safety, and welfare, necessitating that this ordinance be. come effective immediately upon its passage. PASSED AND APPROVED this the �_ day of A. D. 1972. ATTEST: ORDINANCE NO. 81-3 AN ORDINANCE AMENDING THE ORDINANCE NO. 2-9-72 PROHIBITING THE KEEPING OF CERTAIN STOCK IN THE CITY; AN ENCLOSURE REQUIRED IN THE KEEPING OF CERTAIN ANIMALS; PROVIDING A PENALTY; AND DECLARING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIZ OF THE CITY OF SANGER, TEXAS: LIVESTOCK SECTION I. Keeping of certain stock in the City. Hogs• It shall be unlawful for any person, firm, corporation or other business entity, including but not limited to .veterinary clinics, to feed, breed, or keep any hog or hogs, pig or pigs, in airy ii�t, pen, bU.LLUi.iiy, Si:a'ua.e U' Uther enclosures in the city, any part of which lot, pen, building, stable or other enclosure is nearer than one thousand (1,000) feet to any residential building. Other Animals. It shall be unlawful for any person, firm, corporation or other business entity, including but not limited to veterinary clincis, to feed, breed, stable, pasture or keep any cow or cows, goat or goats, horse or horses, or sheep in any lot, pen, building, stable or other enclosure in the City, any part of which lot, pen, building, stable or other enclosure is within two hundred (200) feet of any residential building. SECTION II. Enclosure required in keeping certain. animals. Size of Lots. It shall hereafter be unlawful for any person, firm, corporation or other business entity, including but not limited to veterinary clinics, to stable, pasture, feed, breed, or keep any hog or hogs, pig or pigs, cow or cows, goat or goats, horse or horses, or sheep in any lot, pen, building, stable or other enclosure in the City, smaller in size and dimensions than is required by the following specifications: 1. HOGS: For one hog or pig, a lot, pen, building or other enclosure of not less than one hundred (100) square feet shall be required. For each additional hog or pig in any such lot, pen, building or other enclosure, an additional one hundred (100) square feet shall be required. 2. COWS, SHEEP AND GOATS: For one cow, sheep or goat, a lot, pen, building, stable or other enclosure of not less than four hundred (400) square feet shall be required. I'or each additional cow, sheep or goat in any such lot, pen, building, stable or other enclosure an additional four hundred (400) square feet shall be required. i Manure Boxes. Each and every lot, pen, building, stable or other enclosure in the City in which any of the above named animals, or other species are kept, fed, bred, stabled, pastured or housed shall have a manure box not less than four (4) feet square and not less than three (3) feet deep in which all manure and droppings shall be placed each day. Each such box shall be securely screened or otherwise protected from files, vermin and rodents and shall be thoroughly cleaned out and disinfected at least once each week. It shall hereafter be unlawful to pile or stack manure in open stacks in the City. SECTION III. Penalty Provisions. Any person, firm, corporation or other business entity, including but not limited to veterinary clinics violating any of the provisions of this ordinance, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not to exceed Two Hundred ($200.00) Dollars. Each day such violation shall continue or be permitted shall be treated as a separate offense. SECTION IV. Repealing Clause. All Ordinances or parts of ordinances in conflict herewith are hereby repealed. If any portion of this ordinance shall be declared void or unconstitutional, such declaration shall not affect the remaining portion of this ordinance. SECTION V. Effective Date. That an emergency exists due to the need to preserve the public health, safety, and welfare, necessitating that this ordinance become effective immediately upon its passage. •.PASSED AND APPROVED THIS THE � DAY OF O , A. D. "r, �1981. MAYOR ATTEST CITY SEMETARY C" x CHAPTER 2 ANIMAL CONTROL SECTION 1: FOWL It shall be unlawful for any person owning chickens (Ordinance of April 15, 1942, as amended by ordinance adopting Code) SECTION 2: DOGS l A. DOGS PROHIBITED UNLESS VACCINATED Tt shall be unlawful for the owner or harborer of any animal of the dog kind more than three (3) months old to harbor or permit said dog within the city limits of the City of Sanger, Texas, unless said dog has been vaccinated against rabies, and bears a vaccination tag, as provided in subsection B of this section. B. VACCINATION OF DOGS All animals of the dog kind, more than three (3) months old, within the city limits of the City of Sanger, Texas, are required to be immunized against rabies. Whoever administers said vaccine shall issue to the owner or person having said dog vaccinated a certificate of vaccination stating the name of the owner, the address where the dog is kept, description of the dog, date of the vaccination, the number of the rabies identification tag, and kind of vaccine used. He shall also furnish to the owner of such animal a metal tag on one (1) side of which is stamped "rabies vaccine administered" or a similar phrase and the date of vaccination, which tag at all times C. shall be securely attached to a collar around the neck of the animal or to a harness around the neck and body of the animal vaccinated. RUNNING AT LARGE PROHIBITED It shall be unlawful for the owner or harborer of any dog to permit such dog to run at large upon the streets, alleys, or any public place within the city limits of the City of Sanger, Texas, unless such dog be at all times under control of said owner, a member UL sa.L" ow,.=L immediate family or said owner's agent or servant. At all other times said dog shall be confined to the premises of said owner by a substantial fence of sufficient strength and height to prevent said dog from escaping therefrom, inside the house, or secured on said premises by a leash consisting of a metal chain of sufficient strength to prevent said dog from escaping from said premises and so arranged that said dog will remain upon said premises when the leash is stretched to full length. D. DUTY OF OFFICERS TO IMPOUND It shall be the duty of the chief of police or any health officer or any police officer to cause to be taken up or impounded all animals of the dog kind loose or at large in violation of the terms of this section. The city dog pound shall be under the control and supervision of the chief of police, who is hereby designated as poundmaster hereunder. E. RTGHT TO REDEEM The owner of any dog impounded under the terms of this section shall have the right to redeem same, unless otherwise provided, upon payment to the poundmaster for said animal so redeemed, of the sum of six dollars ($6,00) for each day or fraction thereof that each such animal has been so impounded, in addition to the fine, if any, imposed under the penal provisions of this section. The sums so paid to the poundmaster shall be paid by him into the city treasure. 16 F. TIME TO REDEEM A11 impounded dogs shall be claimed and redeemed by the owner thereof within three (3) days after the capture and impoundment of such dogs, and all such animals not claimed and redeemed within the said time shall be subject to disposition by the poundmaster, and shall be given to new owners who may so request at the dog pound, or destroyed, if no new owner is found. G. VACCINATION OF REDEEMED DOGS All animals of the dog kind redeemed at the dog pound must be immediately vaccinated against rabies in accor- dance with the provisions of this section. In order to redeem a dog not vaccinated in accordance with the pro- visions of this section, said owner must sign a statement giving the name of the owner and the address where said dog shall be confined, and stating that he will have said dog vaccinated immediately in accordance with this section. Failure to have said dog vaccinated shall be grounds for immediate return of said dog to the city pound, and said animal may be destroyed or otherwise disposed of, and the failure to so comply with the terms of such agreement and promise to have said dog vaccinated shall constitute an offense under this section and shall be punished in accordance with subsection K of this section. H. QUARANTINING OF DOGS EXPOSED TO RABIES Any animal of the dog kind that has rabies or symptoms thereof or is suspected of having rabies or that has been exposed to rabies, in addition to the provisions of sub- section C, shall be immediately and securely confined by tying with a chain of good quality and kept there under the supervision of the department of public health or the police department for a period of not less than sixty (60) days. 17 I. QUARANTINING OF RABID DOGS OR ANIMALS WHICH HAVE BITTEN PERSONS Every animal of the dog kind that has rabies or symptoms thereof, or any animal that bites, scratches, or other- wise attacks any person or persons within the city limits, in addition to the other provisions of this section, shall be immediately and securely confined by the owner, or one having custody, by tying with a chain of good quality for a period of ten (10) days subject to inspec- tion from time to time so as to be able to determine whether said animal is affected by rabies; or said animal shall be quarantined and held for a like time in any veterinary hospital approved by the health deparLILMULU, or shall be held at the city pound for ten (10) days, after which period of time and in the event such animal is determined to be free from rabies, said animal may be returned to the owner, or if not claimed thereafter may be given to another owner or destroyed if a new owner cannot be found. J. REPORTING RABID DOGS It shall be the duty of the owner or harborer or the practicing veterinarian to report to the chief of police all cases of rabies with which he comes in contact or to which his attention has been directed. This report shall be made immediately upon diagnosis or suspicion of such cases of rabies. K. PENALTY Any person violating the provisions of any of the foregoing subsections pertaining to dogs shall be guilty of a demeanor and shall be fined, upon conviction, not exceeding two hundred dollars ($200.00). L. BARKING DOGS Any person who shall harbor or keep on his premises or in or about his premises, or premises under his control, any dog or animal of the dog kind which by.loud or unusual barking or howling, shall cause the peace and quiet of the neighborhood or the occupants of adjacent premises to be disturbed, shall be guilty of a misdemeanor, and upon conviction, shall be fined not exceeding two hundred dollars ($200.00), and each and every twenty-four (24) hours that said dog shall remain or be kept on any such premises shall constitute a separate offense. A4. RIGHT TO DESTROY UNVACCINATED DOGS The health officer, the chief of police or any health officer or police officer shall have the right, but shall not be required, to immediately destroy or cause to be destroyed, any animal of the dog kind which has not been vaccinated, or to which the required vaccination tag has not been attached as heretofore provided. when such doer cannot be caught for impoundment or when such animal is deemed to be dangerous to the public. (Ordinance No. 1962-1 of April 16, 1961► as amended by ordinance adopting Code) SECTION 3: LIVESTOCK A. KEEPING OF LIVESTOCK (1) Hogs It shall be unlawful for any person, firm, corpora- tion, or other business entity, including but not limited to, veterinary clinic, to feed, breed, or keep any hog or hogs, pig or pigs, in any lot, pen, building, stable, or other enclosures in the city, any part of which lot, pen, building, stable, or other enclosure is nearer than one thousand feet (1,000') to any residential building. (2) Other Animals It shall be unlawful for any person, firm, corpora- tion, or other business entity, including but not limited to, veterinary clinics, to feed, breed, stable, pasture, or keep any cow or cows, goat or goats, horse or horses, or sheep in any lot, pen, building, stable, or other enclosure in the city, any part of which lot, pen, building, stable, or other enclosure is within two hundred feet (200') of any residential building. B. ENCLOSURES (1) Size of Lots (2) It shall hereafter be unlawful for any person, firm, corporation, or other business entity, including but not limited to, veterinary clinics, to stable, pasture, feed, breed, or keep any hog or hogs, pig ow or cows oat or goats, horse or horses, or pigs, c g or sheep in any lot, pen, buildibl ng, stae, or other enclosure in the city, smaller in size and dimensions than is required by the following specifi- cations: For one (1) hog or pig, a lot, pen, building, or other enclosure of not less than one hundred (100) square feet shall be required. For each additional hog or pig in any such lot, pen, building, or other enclosure, an additional one hundred (100) square feet shall be required. (b) Cows, Sheep, and Goats For one (1) cow, sheep, or goat, a lot, pen, building, stable, or other enclosure of not less than four hundred (400) square feet shall be required. For each additional cow, or goat in any such lot, pen, building, or other enclosure, an additional four (400) square feet shall be required. P4anure Boxes sheep, stable , hundred Each and every lot, pen, building, stable, or other enclosure in the city in which any of the above named animals, or other species are kept, fed, bred, stabled, pastured, or housed shall have a manure box not less than four feet (41) square and not less than three feet (31) deep in which all manure and droppings shall be placed each day. Each such box shall be securely screened or otherwise protected from flies, vermin,.and rodents and shall be thoroughly cleaned out and disinfected at least once each week. It shall hereafter be unlawful to pile or stack manure in open stacks in the city. (Ordinance No. 81-3 of March 4, 1981) 20 • Wi : u ► § 4.101 Amusement License Required; Fees; Exemptions (a) Licenses shall be required for the following activities and businesses: Bingo Pazlors Arcade Rooms Carnivals Circuses Skating Rinks Billiard Halls Other Amusements Licenses shall be issued by the City Secretary only when the conditions of this article have been complied with. (b) The amount of the license fee required to conduct such activity or business shall be as provided for in the fee schedule found in the Appendix of this Code. (c) Church, charity and nonprofit groups and organizations conducting or sponsoring any activity covered by this article are exempt from the requirements of this article. § 4.102 Application for License Any person, firm, association of persons, or corporation desiring a license to own or operate any of the businesses or activities described in Section 4.101 shall file with the City Secretary a written, sworn application for such license stating the following. (a) The location by street and number for the place which is proposed to be used, for what purpose said place is to be used, and the name and address of the applicant. (b) If the applicant is an individual, that he or she is a law abiding person, that he or she has not been convicted of a felony or a misdemeanor involving moral turpitude, or if so, the nature of the offense and the result of the conviction, and the length of his or her residence in the City of Sanger. (c) If the applicant is a corporation, firm, association of persons, or partnership, the names and addresses of the principal officers, owners, operators, or partners. § 4.103 License Not Transferable Licenses issued under the provisions of this article shall be deemed personal to the licensee and shall not be transferable from person to person or place to place. § 4.104 Premises Investigations Free access and entrance into any premises licensed hereunder shall at all times be accorded and granted to any person designated by the City of Sanger to inspect such premises and deterrr ne compliance or lack of compliance with the provisions of this article. § 4.105 Hours of Operation Premises licensed under the teens of this article shall not remain open between the hours of 12:00 p.m. and 8:00 a.m. on the following day. (Ordinance adopting Code of Ordinances) 4-3 CHAPTER 4 BUSINESS REGULATIONS SECTION l: BILLIARD TABLES A. BILLIARD TABLE DEFINED A billiard table is defined as any table surrounded by a ledge or cushion with or without pockets upon which balls are impelled by a stick or cue, but does not include a coin -operated pool or billiard table. B. LICENSES (1) License Required (a) It shall be unlawful for any person, firm, or association of persons, or corporation, to own or operate a billiard table within the incorporated limits of the City of Sanger, Texas, unless and until a license shall first have been issued by the City of Sanger for such ownership or operation. (b) Licenses shall be issued by the city secretary only when the conditions of this section have been complied with and the certificate and approval of the chief of police appears on the application. - (2) Expiration of License All licenses issued under the terms of this section shall terminate on December 31st of each year. 79 (3) License not to be Issued Until Occupation Taxes Paid (a) No license shall be issued under the terms of this section unless and until the appli- cant shall present the city secretary with the satisfactory proof that the annual occupation tax levied by the state in the amount of five dollars ($5.00) has been paid in full for each billiard table. (b) In addition, no license shall be issued until the occupation tax of two dollars fifty cents ($2.50), being one-half (2) of the amount levied by the State of Texas, which is hereby levied by the city on every pool or billiard table each year is also paid in full. (4) License not Transferable Licenses issued under the provisions of this section shall be deemed personal to the licensee and shall not be transferable from person to person or place to place. (5) Application for License Any person, firm, association of persons, or corporation desiring a license to own or operate one (1) or more billiard tables at any single location in the City of Sanger, Texas, shall file with the city secretary a written, sworn application for such license stating the following: (a) The location by street and number of the place which is proposed to be used, for what purpose said place is to be used, and the name and address of the applicant. (b) If the applicant is an individual, that he is a law abiding person, that he has never been convicted of a felony or a misdemeanor in- volving moral turpitude, or if so, the nature of the offense and the result of the conviction, and the length of his residence in Sanger. (c) If the applicant is a corporation, firm, association of persons, or partnership, the names and addresses of the principal officers, owners, operators, or partners. (d) Previous occupation or employment of each person mentioned in paragraphs (b) and (c) above for a period of five (5) years next preceding the filing of the application. (e) The number of billiard tables proposed to be owned or operated on the licensed premises together with a floor plan of the building in which such tables are to be located showing the location of each such table and the use of each room in the building. (6) License Fee An annual license fee of ten dollars ($10.00) per pool or billiard table is hereby levied upon any person, firm, association of persons, corporation, and all other organizations, except where exempted in subsection I hereby, for operating such for profit. (7) Ten (10) Day Investigation Period for Applications Required All applications for licenses under the provisions of this section shall be on file at least ten (10) days prior to the issuance of any such license in order to allow sufficient time for investigation of the facts stated in the application. (8) Unlawful to Misrepresent Information on License Application (a) The information required of applicants for licenses is for the purpose of determining whether or not the persons operating the licensed premises are fit and proper persons to be so licensed, and it shall be unlawful to misrepresent any fact in such application. (b) Any such misrepresentation shall, in addition to the other penalties prescribed by law, justify the revocation of any license granted pursuant to such application. (9) Issuance and Handling of Licenses (a) No license shall be issued under the terms of this section unless and until the premises, place, or business complies with all laws of the State of Texas, and all ordinances of the City of Sanger regulating health, sanitation, fire, building, and zoning, nor until the fees prescribed in this section have been paid. t„J e,.Y Y%a�,. (b) No license shall be issued for the ownership and operation of billiard tables on any premises where a hotel, rooming house, or lodging house is conducted in the same building. (c) Every license issued shall be upon the express, written condition that it shall be automatically .revoked by the sale, purchase, possession, or use of any alcoholic beverage on, in, or about the licensed premises. (d) The license herein provided for shall state W 41..1-� i. ..+ -. J-.. 4- A n i- o o f V11 . F -9 issuance, the expiration date, the address and location of the business or premises, and the number of billiard tables permitted on the licensed premises. (e) Each license shall be signed and sealed by the city secretary and shall be posted by the licensee in a conspicuous place at or near the entrance to the premises licensed. (10) Appeal from Revocation or Refusal of License If any person, firm, association of persons, or corporation applying for a license hereunder is refused such, or after such license is issued, it is revoked, such refusal or revocation shall become final after the expiration of ten (10) days from the date of such refusal or revocation, unless on or before the expiration of said ten (10) days the applicant or licensee shall file with the city secretary a written appeal addressed to the city council of Sanger, in which it is requested that said council grant him a hearing on such refusal or revocation, which said appeal, if made as prescribed herein, shall operate as a stay, in case of revocation, said hearing shall be held by the city council within thirty (30) days after the date of the filing of such appeal, and the action of the city council at such time shall be final and conclusive as to all parties. i C. HOURS OF OPERATION Premises licensed under the not remain open between the a.m. on the following day, hereunder shall remain open Sunday. terms of this section shall hours of 12:00 p.m. and 8*00 and no premises licensed or operate at any time on D. DOMINO GAMES PROHIBITED Ti- cha11 hp- unlawful for any licensee hereunder to permit any games ^of any kind to be played with dominoes on any premises licensed under the terms of this section. E. CERTAIN PERSONS PROHIBITED IN LICENSED PREMISES It shall be unlawful for any licensee hereunder to permit any known prostitute, procurer, beggar, drunkard, or criminal character to be present, or participate at or in any place or business licensed hereunder. F. PREMISE INVESTIGATIONS BY POLICE (1) Free access and entrance into any premises licensed hereunder shall at all times be accorded and granted to the chief of police and other officers of the City of Sanger. (2) The chief of police shall at regular times to be designated by him, and at least once a week, cause all places and businesses licensed hereunder to be visited and investigated by the police. G. AGE RESTRICTIONS (1) No person under the age of fifteen (15) years shall be permitted to attend or take part in any game played upon a billiard table licensed under terms of this section unless such person is accompanied by a parent or guardian. �: c (2) It shall be unlawful for any person to represent himself to be either a parent or guardian of any minor under the age of fifteen (15) years for the purpose of gaining admission of such minor into such licensed premises. H. DUTY OF LICENSEE It shall be the duty of each licensee to prevent viola- tions of the terms of this section, and a failure to do r_ +;," so shall constitute sufficient cause ivr revOC"Cl..a any license granted hereunder. I. BILLIARD TABLES EXEMPT The provisions of this section shall not apply to billiard tables which are not operated for profit at private homes or to billiard tables which are not operated for profit by religious, charitable, or educational organiza- tions authorized under the laws of the State of Texas; to billiard tables which are not operated for profit by schools, colleges, and other institutions of learning$ to billiard tables which are not operated for profit by the fire department of the City of Sanger; provided, how- ever, that the exclusions provided by this subsection shall not apply unless the use of any such billiard table is restricted to residents of such private homes, members of such religious, charitable or educational organizations, or institutions of learning, members of said fire department, and their invited guests, and where the general public is excluded from such use. J. PENALTY FOR VIOLATION Any person, association of persons, firm, or corporation violating any provision of this section shall be fined, five dollars upon conviction, any amount not less than ($5.00) nor more than one hundred dollars ($100.00), and each day any such violation continues shall constitute a separate offense. (Ordinance No. 1964-1 of January 6, 1964, as amended by ordinance adopting Code) SECTION 2: DOMINO HALLS A. DOMINO HALL DEFINED C. A domino hall, as referred to in this section, is b lace within the limits of the defined to e any p Sanger, Texas, where two M or more persons the purpose of playing dominoes, checkers, o games, where there is made a charge of money thing of value for playing, or where there i .�U„� 4w1, I " of va I i,P for hereby City of meet for r other like or other s a donation the or girt in money v� ��, y privilege of playing in such games, or where an admission fee charged, or donation or gift for entering such domino hall. DOMINO HALLS PROHIBITED UNLESS IN COMPLIANCE WITH THIS SECTION It shall hereafter be unlawful for any corporation, a domino hall Texas, withou or association of persons within the limits of the t complying with the terms WHERE DOMINO HALLS TO BE LOCATED there is is made person, firm, to run or operate City of Sanger, of this section. No domino hall shall be operated or run within the limits of the City of Sanger, except in the business district of said city. Said business district being h defined to be within the following boundaries: ere From lst Street to 6th Street, and from Cherry Street to Elm Street. D. LICENSE FEE REQUIRED (1) There is hereby established a license fee of fifty dollars ($50.00) per year, which shall be paid by any person, firm, corporation, or association of persons before the beginning of the operation or running of any domino hall within the limits of the City of Sanger, Texas, and each year the same to m be paid in advance, and there shall be no refund of said license fee or any part thereof by the City of Sanger. (2) The said license fee to be used as part of the necessary expense to provide police protection. E. HOURS OF OPERATION No domino hall shall be run or operated later than 12 : 00 p.m., and no domino hall shall ire lull or operated on Sunday. F. PENALTY FOR VIOLATION Any person, firm, corporation, or association of persons violating any of the provisions of this section shall, upon conviction, be punished by a fine of not less than twenty-five dollars ($25.00) or more than seventy-five dollars ($75.00), and each day any provision of this section shall be violated shall constitute a separate offense and the offender shall be so punished, and in addition there to the said, the City of Sanger may, on violation of any of the provisions of this section, file an injunction proceeding in the proper court to enjoin the running or operating of such domino hall. (Ordinance No. 1940-1 of January 1, 1940► as amended by ordinance adopting Code) SECTION 3: SKATING RINKS A. SKATING RINK DEFINED A skating rink is hereby defined to be any place. within the limits of the City of Sanger, Texas, where people congregate for the purpose of amusement by skating on roller skates or any other kind of skates, and where there is a charge made for the privilege of skating, or where there is a charge made for the use of skates, or where there is a donation or thing of value paid for skating or for the use of skates, or an admission fee is charged. B. SKATING RINKS PROHIBITED UNLESS IN COMPLIANCE WITH THIS SECTION It shall hereafter be unlawful for any person, firm, corporation, or association of persons to run or operate any skating rink within the limits of the City of Sanger without complying with the terms of this section. C. WHERE SKATING RINKS PROHIBITED No skating rink shall be operated or run within five hundred feet (500') of any church or school house within the limits of the City of Sanger. D. LICENSE FEE REQUIRED (1) There is hereby established a license fee of twenty- five dollars ($25.00) per year, which shall be paid r by any person, firm, corporation, or association E of persons before the beginning of the operation or running of a skating rink within the limits of the City of Sanger, and each year the same to be paid in advance, and there shall be no refund of said f license fee or any part thereof by the City of Sanger. (2) The said license fee to be used as part of the necessary expense to provide police protection for such skating rink. E. HOURS OF OPERATION No skating rink shall be run or operated later than 12:00 p.m., and no skating rink shall be run or operated on Sunday. 87 F. PENALTY FOR VIOLATION Any person, firm, corporation, or association of persons violating any of the provisions of this section shall, upon conviction, be punished by a fine of not less than twenty-five dollars ($25.00) and not more than seventy- five dollars ($75.00) and each day this section shall be violated shall constitute a separate offense, and the offender shall be so punished, and in addition thereto the City of Sanger may, on violation of any of the provisions of this section, file injunction proceedings in the proper court to enjoin the running or operating of such skating rink. (Ordinance No. 1940-2 of January 1, 1940) SECTION 4: ITINERANT MERCHANTS, VENDORS, AND PEDDLERS A. PURPOSE This entire section is and shall be deemed an exercise of the police power of the State of Te City of Sanger, for the public safety, fence, and protection of the city and city, and all of the provisions hereof xas and of the comfort, conven- citizens of said shall be construed for the accomplishment of that purpose. DEFINITIONS (1) Itinerant merchant, peddler, or vendor means any person, firm, company, partnership, corporation, or association engaged in any activity mentioned in subsection C(1) below. (2) Interstate commerce means soliciting,_selling, or taking orders for or offering to take orders for any goods, wares, merchandise, photographs, news- papers, 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. �'\ C. LICENSES (1) License Required to Solicit It shall hereafter be unlawful for any person to go from house to house or from place to place in the City of Sanger, Texas, 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 without having first applied for and obtained a licenseltoshaldloalsom +-hA �-; tv secretary of said city. hereafter be unlawful to sell or solicit in said city as aforesaid, without carrying such license while engaged in such soliciting or selling. (2) License Application Any person desiring to go from house to house or from place to place in t:1e City of Sanger, Texas, to sell or solicit orders for goods, wares, merchandise, services, photographs, newspapers, magazines, or subscriptions to newspapers or maga- zines, shall make written application to the city secretary of said city, the date on which such person intends to sell or solicit in the city, for a license so to do, which application shall show the name and address of applicant; the name and address of the person, firm, or corporation, if any, that he or she represents and the kind of goods offered for sale; whether such applicant, upon any such sale or order shall demand, accept, or receive payment or deposit of money in advance of final delivery; and the period of time such applicant wishes to sell or solicit in said city. (3) License not Transferable No license hereunder shall be transferable and any person licensed hereunder who permits, suffers, or allows any other person to exhibit, show, or expose said license for the purpose of avoiding the pro- visions or penalties of this section shall, in addition to any or all other penalties herein provided, cause said license to be automatically and permanently revoked by such act. (Ordinance No. 1955-1 of February 7, 1955, as amended by Ordinance adopting code) � � Supp. No. 7 (4) License Fees and Issuance The license fee for an itinerant merchant, in- tinerant vendor, and/or peddler shall be Fifty Dollars ($50.00); provided however, when any person, firm, company, partnership, corporation or association engages in any activity mentioned within this section through one or more agents or employees, such person, firm, company, partnership, corporation, or association shall in addition to the Fifty Dollars ($50.00) fee mentioned above, pay a license fee of Ten Do]_lars ($10.00) for each agent or employee so engaged, all of which shall be valid for a period of one hundred eighty (180) days from the date of issuance. Each vehicle and/or separate location _1_�11 ,.L.L ..L .. -�1-r, Y'1 ['�Ymi'�' 1\lnnnrnfit- 51ld11 1. V1151.11.0 1.0 a separu�.c Nam. +. a�.y �.. �•••••t•�••--.�. .• organizations shall be exempt from paying fees in this section at the discretion of the administering authority, however, such organization shall be required to make application and obtain said permit. (Ordinance No. 55-1 of October 20, 1986) (5) License Fee not applicable to Persons Engaged in Interstate Commerce The provisions above requiring the payment of a license fee shall not apply to persons engaged in interstate commerce as that term is herein defined; provided, however, that it shall be unlawful for persons engaged in interstate commerce to go from house to house or place to place in the City of Sanger without having first registered with and obtained a permit from the city secretary giving the following information: (a) Name, home address, and local address, if any, of registrant. (b) Name and address of the person, firm, or corporation, if any, that he or she represents or for whom or through whom orders are to be solicited or cleared. (c) Nature of the articles or things which are to be sold or for which orders are to be solicited. (d) Whether registrant, upon any sale or order shall demand or receive or accept payment or deposit of money in advance of final delivery. (e) Per.iod of time which registrant wishes to solicit or sell in said city. �,� '� !� 4iinn . NCl . ! The registrant, at the time of registration, as herein provided for, 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, identification letter or cart', issued to registrant by the person, firm, or corpr�ration f:or. whom or through whom orders are to be solicited or. cleared. (Ordinance No. 1955-1 of February 7, 1955, as amended by ordinance adopting Code) (6) Application Contents Any person desiring to go from house to house or from place to place, or to set up and operate a temporary or itinerant business within the premises of another business or any other building or location, in the city, to sell or solicit orders for goods, wares, merchandise, services, photographs, newspapers, magazines, or subscriptions to newspapers or magazines, shall make written application to the city secretary at least seven (7) days prior to the date in which such person intends to sell or solicit in the city, for a license to do so, which application shall show the following: (1) The name and address of applicant. (2) The name and address of the person, firm or corporation if any, that he represents and the kinds of goods offered for sale. (3) Food handlers permit. t4) Health card. (5) The period of time such applicant wishes to sell or solicit in the city. (6) Proof that applicant has a proper sales tax permit from the comptroller of the State of Texas. ('7) Any other reasonable and pertinent information which the city secretary may require. �. 91 Supp. No. 7 (7) Bond Required The license application mentioned in this section shall be accompanied by a corporate surety bond of surety company licensed to do business in this state in the amount of one thousand dollars ($1,000.00), and conditioned for the final delivery of goods, wares, merchandise, services, photographs, magazines, and newspapers in accordance with the terms of any order obtained prior to delivery and also conditioned to idemnify any and all purshasers or r_ustomers for anv and all defects in materials or workmanship that +may exist in the article sold by the principal of said bond, at the time of delivery and that may be discovered by such purchaser or customer within thirty (30) days after delivery, and which bond shall be for the use and benefit of all persons, firms, or corporations that make any purchase or give any order to the principal; provided, that in case the applicant is a person, firm, company, partnership, corporation or association shall be required to enter into only one bond, in the sum of one thousand dollars ($1,000.00) as above required, which bond shall be made to cover the activities of all agents or employees. The provisions of this subsection requiring the payment of a license fee or the furnishing of a bond shall not apply to persons engaged in interstate commerce as that term is defined in this section. 91.1 Supp. No. 7 D. EXEMPTIONS The provisions of this section 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 products, poultry, stock, or agricultural products of any sort in their natural state, which have been produced by local vendors. E. PLACES WHERE SOLICITING PROHIBITED (1) Each permit shall clearly define the sales route or area. Permits must be based on ability to adequately serve the area. No sales may be made from any street or sidewalk which abuts a park or area containing a licensed concessionaire, or business establishment, or within one thousand (1,000) feet from such concession, establishment or park. (2) Such person shall not go to any back door of any i house in the City of Sanger. (3) Such persons shall not operate or work from house to house in Sanger, between the hours of 7:00 p.m. and 9:00 a.m. on the following day. (4) Any license issued hereunder may be revoked by the administrative authority or his designate for any violation by the holder thereof, or, whenever the holder shall, in the judgement of the administra- tive authority, cease to possess the character and/or qualifications required for the issuance of such license. 91.2 Supp. No. 7 F. PENALTY FOR VIOLATIONS Any person, firm or corporation violating any provisions section or failing to observe any provisions hereof shall deemed guility of a misdemeanor and upon conviction shall fined in any sum not less than Fifty Dollars ($50.00) and o f this be be not more than One Thousand Dollars ($1,000.00) and each and everyday or fraction of a day during which this section, or any part thereof, shall be violated, shall be deemed a separate offense and punishable as such. (Ordinance No. 55-1 of October 20, 1986) SECTION 5: FAIR HOUSING REGULATIONS A. DEFINITIONS For the purpose of this section the following terms, phrases, words, and their derivations shall have the mean- ings given herein. When not inconsistent with the context, words so used in the present tense include the future, words in the masculine gender include the feminine; words in the plural number include the singular, and words in the singu- lar number include the plural. (1) Discriminatory Housing Practice means an act that is unlawtul under subsection �, (2) Dwelling means any building, thereof which is occupied as, for occupancy as a residence families or any vacant land w or lease for the construction any such building, structure, structure, or portion or designed and intended by one (1) or more hich is offered for sale or location thereon of or portion thereof. (3) Family includes a single individual. 92 Supp. No. 7 to do so has been first obtained from the Chief of Police. Any person violating this article shall be punished in accordance with the general penalty provision found in Chapter 1 of this Code. (Ordinance 1975-2 adopted 7-7-75; Chapter 6, Section 4, Code of 1982) § 7.401 Unlawful Discharge of Firearms and Weapons It shall be unlawful to discharge or cause to be discharged within the City limits of the City of Sanger the following weapons: (a) Any firearm, rifle, shotgun, automatic rifle, revolver, pistol, or any other weapon designed for the purpose of firing or discharging a shell or cartridge, whether such shell or,. cartridge is blank or live ammunition, or (b) Any B-B gun, pellet gun, air rifle, bow and arrow, or other device, manufactured, altered or intended to cause any material, item or thing to become a projectile. § '7.402 Exceptions The provisions of this article shall not apply in the following situations: (a) Police officers while in performance of their official duties. (b) Where a special permit application describing in detail the request of the applicant has been filed with the City Secretary, reviewed by the Chief of Police, and approved by the City Council. (c) Where blank cartridges are used to indicate the beginning of a sporting event under the auspices of the schools or when such sporting event is in conjunction with other activities approved by the Ciry Council. (Ordinance adopting Code) ARTICLE 7.500 NOISE NUISANCES* Any unreasonably loud, disturbing or unnecessary noise which causes distress, discomfort or injury to persons of ordinary sensibilities in the immediate vicinity thereof, or any noise of such character, intensity. and continued duration which substantially interferes with the comfortable enjoyment of private homes by persons of ordinary sensibilities, is prohibited and is deemed a nuisance. The following acts, among others, are declared to come within the purview of this article and to be nuisances within the meaning hereof, but said enumerations shall not be deemed to be exclusive, such acts being as follows: '{ ' State Law reference -Authority of city to regulate firearms, V.T.C.A., Local Government Code, § 215.001; Unlawful carrying of weapons, V.T.C.A., Penal Code, § 46.02, et seq. * State Law reference -General authority of city to prevent and punish disorderly conduct, V.T.C.A., Local Government Code, § 217.003. 7-6 �.i ` E (a) The playing of any radio, phonograph or other musical instrument in such a manner or with such volume, particularly during the hours from 10:00 p.m. until 7:00 a.m., as to annoy or disturb the quiet, comfort, or repose of persons of ordinary sensibilities in any dwelling, hotel or other type of residence; (b) The use of any stationary loudspeaker or amplifier, particularly during the hours from 10:00 p.m. until 7:00 a.m., to produce a noise or sound of such intensity that annoys or disturbs persons of ordinary sensibilities in the immediate vicinity thereof; ignal (c) The continued or frequent sounding of any horn or other sdevice on any automobile or other vehicle except as a danger or warning signal, or the creation by means of any such signal device of any unreasonably loud or harsh noise for any unnecessary purpose or unreasonable period of time; L (d) The blowing of any steam whistle attached to any stationary boiler, except wnell.. giving notice of the time to commence or stop work, or as a warning of danger, (e) The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, or motor vehicle or boat engine, except through an exhaust system in good working order and in constant operation to prevent excessive or unusual noise; (f) The use of any mechanical device operated by compressed air, unless the noise to be created thereby has been effectively muffled and reduced; The creation of any excessive or unreasonable noise on any street or premises (g) adjacent to any school, place of religious worship, or other institution of learning while the same is in session, or any hospital, which unreasonably interferes with the operation or use of any such institution; (h) The raucous shouting or crying of peddlers, hawkers or vendors which unreasonably disturbs the peace and quiet of any neighborhood; and, (i) The use of any drum, loudspeaker, or other instrument or device for the purpose of attracting attention by the creation of noise to any performance, show or sale of merchandise. (Ordinance adopting Code) 7-7 GlTY OF SRNGER PERSONNEL POLICY HRNOBOOK SEPTEMBER 3, 1991 c a Section I Authority and Administration 1.00 Effective Date These Personnel Policies shall become effective upon adoption and approval of the City Council of the City of Sanger, Denton County, Texas, 1.01 Scope These policies shall apply to and govern all full time, temporary, and part-time employees of the City of Sanger. 1.02 Administration and Appointive Authority (A) The City Manager is appointed by the City Council to be the head of the Administrative branch of the City Government and its chief operating officer. He shall be responsible to the Council for the proper administration of all affairs of the City and to that end shall have the authority to appoint and, when necessary, remove all officers and employees of the City except as otherwise specifically designated. The City Manager may authorize a department head to appoint and remove subordinates in their department tB) Neither the City Council nor any of its members shall direct the appointment of any person to, or his removal from, office by the City Manager or by any of his subordinates, provided, however, that the appointment of department heads shall be subject to the approval of the City Council. 1.03 Departmental Administration of These Rules The City Manager shall be directly responsible for the proper administration of the personnel rules and policies although he may elect to delegate the direct implementation to the respective department heads. 1.04 Amendments The City Council may. add. delete or amend any and all portions of this policy statement in order to more effectively and efficiently promote the interest of the City aP Sanger. 1.05 Policy Statement (A) It is the intention of the City Council to provide the City of Sanger with the best passible municipal government and services while promoting and safeguarding the interests of each employee. (B) The City of Sanger, Denton County, Texas, declares itself to be an Equal Opportunity Employer and does not discriminate in its hiring practices because of race. gender, religion, creed or color. {C) The City of Sanger is an at -will employer, and nothing contained in these policies and procedures shall be construed to create a contractual employment relationship or property interest No supervisor or Department Head has any authority to modify the at -will status of employment; any such modification must be in writing and signed by the City Manager. Section II Employment 2.00 Applications for Employment (A) Employment with the City of Sanger shall be based on the best qualified person for any position. No one shall be employed in any position with the City until a completed application for employment is delivered to the City Manager's Office. All applications for employment that have not resulted in employment will be retained for not more than six (6) months prior to being destroyed. (B) Applications that have resulted in employment will be included in the employee's permanent employment record. {C) The employee shall notify the City Secretary's office for any change in address, current telephone number and any change that would affect benefits, any personnel policies, or job performance. Z.O1 Age Requirements All permanent, full time employees of the City of Sanger shall have reached their 17th Birthday prior to employrnemt r � � �, �� �� 2.02 Physical Standards A medical examination by a licensed physician as determined by the City, shall be required for all employment candidates for any position with the City. This examination must be administered and passed prior to employment with the City. Cost of the examination shall be borne by the City of Sanger. 2,�3 Driving Record (A) Many positions within the City require various classes of Texas Motor Vehicle Operators Licenses. Each employment candidate must possess a valid Texas Operators license applicable to the vehicles, equipment and machinery their job classification would require them to operate. (B) All employment candidates will have a driving record check through the Texas Dept of Public Safety prior to their hire. No one will be employed for a position which requires the operation of a motor vehicle with a DWI or DUID conviction or more than two (2) moving violations in the past 24 months. 2.Q4 Special Employment Criteria Various departments within the City may require certain licenses or levels of education either prior to or following employment. When such requirements exist they must be fulfilled within established or mandated time tables in order to continue employ- ment. 2.05 Nepotism The Gity of Sanger will not employ anyone related to any member of the City Council either by blood or marriage. This restriction also includes the City Manager and his immediate staff. 2.Qfi Political or Religious Restrictions ( A) No ethnic, political, fraternal or religious connections or affiliations shall be required as a condition of employment nor shall such memberships be permitted to influence any action or recommendation relating to present employees. (B) No employee shall engage in partisan political activity during working hours. Z.Q8 3.OQ Employee Orientation (A) Upon selection of the best qualified applicant, the department head will direct the candidate to the Office of the City Manager for orientation to include the following: 1). Personnel policies. 2). Retirement benefits. v). Ins%ArU„A%i%w benefi►U. 4). Attendance requirements. 5). Disciplinary and grievance procedures. 8). Payroll procedures. 7). Probation requirements. 8). SafetyManual. 9). Copy of Drug Screening Policy. (B) All new employees shall complete the following prior to beginning their duties: 1}. Immigration I-9 Citizenship form. 2). All federal and state payroll deduction form. 3}. Group insurance and 125 plan forms. 4}. TMRS enrollment. (C) The new employee will complete and return to the City Manager's Office the acknowledgement form attached to the last page of this statement as an indication that they have read and understand the personnel policies of the City of Sanger, Public Relations Municipal employment involves a cornmitrnent regarding public and private conduct which is sometimes not required in other types of employment. Employees shall at all times conduct themselves in a manner to favorably represent the City of Sanger. Section III Attendance Wages, salaries and working schedules for various positions shall be in accordance with the provisions of the official pay plan currently in effect and including all amendments thereof within the budgetary requirements of each department 3.01 Working Hours and Attendance In general, full-time City employees work five (5)9 eight (8) hour work days per week; forty (40) hours per week Work hours may vary from department to department Each department head shall have the responsibility of assigning work shifts necessary to insure adequate public services. 3.02 Overtime {A) When non-exempt employees are required to work one { 1) hour or more in excess of the regular daily work schedule, such extra time shall be indicated on payroll time sheets under the date the time was worked, (B) Supervisory personnel are exempt positions and are eligible for overtime compensation only when authorized by the City Manager, 3.03 Rest Breaks Employees are authorized two (15) fifteen minute breaks for each eight (8) hour work period. Employees should arrange their rest breaks in accordance with departmental procedures so as not to interfere with City business. Failure to take a rest break does not constitute extra time worked during a normal eight (8) hour work period. 3.04 Sick Leave (A) Sick leave is defined as the temporary inability of an employee to perform his/her normal duties and assignments due to personal illness or illness in his/her immediate family (household) for whom the employee is responsible, Each employee shall be entitled to one (1) day of sick leave per month to accumulate to a total of twelve (12) days per year, (B) Upon returning to work, employees absent for three (3) or more days may be required to present a physician's state- ment (C) Sick leave will be awarded on the last day of each calendar month. (D) Sick leave may be accumulated up to ninety (90) working days. (E) Any full-time employee with more than one calendar year of service will be entitled to one (1) personal holiday, if, during the preceding calendar year, no more than one (1) sick day was taken by the employee. (F) Upon accumulation of ninety (90) days of sick leave (minimum of eight (8) years service), all full-time employees will be allowed to return a ratio of sick days to the City at their current daily rate of pay. The following chart will be applicable to determine the number of days eligible for pay for qualifying employees for each calendar year contributing to accumulated sick days in excess of 90 days: No. Avail Sick Days No. Eligible Days Pay 6 5 4 Less than ten (10) additional days of sick leave will not qualify for reimbursement. (G) Any employee who separates employment from the City of Sanger in goad standing and has attained eight (8) years of continuous service with the City will be eligible for compensation at their current daily rate for 1/3 of their total number of accumulated sick days, not to exceed a maximum of thirty (30) days. 3.05 Vacation (A) Upon completion of one { 1) year of service, employees will be eligible far vacation benefits, either as time off with pay or as terminal pay in cases of separation from City employment in good standing. {B} Each employee will be entitled to ten (10) vacation days upon the completion of their first year of service. After five (5) years of continuous service, the vacation rate will be twelve (12) days per year. After ten (10) years of continuous service, the vacation rate will be fifteen (15) days per year. Upon completion of the fifteenth (15) continuous year of service and thereafter, the vacation rate shall be twenty (20) days annually. (C) Department heads will arrange vacation schedules and reallocate duties to minimize interference with the normal function and operation of their organizations. Vacations hail be n% heduicd Wi1C1 a possihie ill order of seniority within a given department. (D) The term "year of service" is to be defined as from January 1 to December 31 after the employee's first vacation. (E) A "month of service" for figuring vacation and sick leave benefits will be allowed on parts of months as follows: employee's first month on the payroll will count only if he was hired on the first (1st) through the fifteenth (15th). 2). The employee's last month on the payroll will count only if he terminates on the sixteenth (16th) or later in that month. (F) Each full-time employee shall be entitled to receive five (5) days of his vacation in pay per full year employed at his current daily rate. (G) Each full time employee shall take at least five (5) days of vacation time off each year. (H} Vacation time shall not be carried over from year to year without express wrirten consent by the City Manager. (I) No vacation benefits will be earned by temporary or part- time employees working less than 25 hours per week. (J) Vacation time will be pro-rata during their first year of employment and thereafter full vacation benefits will be allowed. 3.06 Emergency Leave The City Manager may grant emergency leaves of full time employees in case of death or serious illness of -a member of the employee's immediate family, not to exceed five (5) days per year. Immediate family is to include the employee's spouse and dependents, parents, grandparents and the spouse's parents and grandparents. 3.07 Leave ofAbsence 3.08 3.09 Leave of absence without: pay maybe granted to full time employees. Requests for such leave shall be in writing and submitted to the City Manager ten (10) working days in advance of thn rnnttssatnra hnrt,r,r,ir,�t r1�ta of t1�o tpo�r,u THn 1^il�c� 11Rer�nrtnr v1 wa4 ♦4{.1.A4V1.4�A A/4�. •�J11A1A6 4411. \. Vi 4�1�r 34U�'4• 1A/��r YA4� if►Nw1G{�41 or his designee shall have the sale authority to authorize a leave of absence. In no case shall such leave exceed ninety (90) calendar days. Maternity Leave Equal Employment guidelines provide that 'pregnancy, miscarriage, childbirth and recovery are considered ternparary disabilities for the period in which an employee cannot or, upon physician's advise, should not return to work The time when a pregnant woman should cease or return to work must be determined on an individual basis. When in the opinion of her obstetrician an employee determines that she should not continue to work, she is entitled to all accrued salary and vacation PaY After delivery, prior to returning to work, she shall provide the City Manager's Office with a physician's statement releasing her to resume her duties. If the employee decides not to return to work, she must submit a letter of resignation to the City Manager's Office. Military Leave (A) The provisions of HB. 761, Acts of the 53rd Texas Legislature provide that on or after May 27, 1953, all employees of a municipality who are members of the National Guard, Official Militice of Texas, or of any of the reserve units of the Armed Forces of the United States, excluding the Merchant Marine, when so ordered or authorized, shall be entitled to a leave of absence with pay during any period when they shall be engaged in field training or encampment, or when ordered to duty with troops for field exercises, or for instruction, and not to exceed fifteen (15) days during any one calendar year. (S) This policy applies to employees serving as members of the above mentioned military units, but not to employees who volunteer or are drafted into full-time military service. (C} Military Leave with Pay shall be in addition to any other form of leave with pay to which an employee may be normally entitled and shall not exceed fifteen ( 15) working days for which the employee would normally receive pay in any one calendar year. 3.10 Other Forms of Leave {A) Any employee directly summoned to serve on a jury, grand jury or in a court trial shall be granted leave with pay by his department head for the time away from work required by such duty. (B) Full-time employees upon authorization of their department head or the City Manager, are authorized leave to attend conferences, seminars, conventions, schools and similar events designed to enhance work skills, training and performance that are beneficial to the City of Sanger. Attendance to such events is limited to budget restraints. 5.11 Holidays (A) The City of Sanger declares and designates the following holidays to be observed with pay by all City employees occupying full time positions: New Year's Day Martin Luther King, Jr. Birthday Good Friday Memorial Day Independence Day Labor Day Thanksgiving Day FridayFollowing Thanksgiving Day Christmas Eve ChristmasDay (B) Other days may also be designated by the governing body of the City of Sanger. {C) Should a holiday fall on a Saturday or Sunday, it shall be observed on the preceding or following work day as applicable. Section IV Disciplinary Policies 4.00 Enforcement Department heads are charged with maintaining proper working standards and discipline within their departments. Employees guilty of misconduct, malfeasance, nonperformance, abuse of the public, insubordination, unproductive behavior and/or habitual abuse of work rules and regulations shall be subject to disciplinary action in accordance with the disciplinary policies herein set forth; provided, however, nothing in these policies and tSrovedureR is Intended to imnly that the ta;e„inli»ainr rfsana nr nn*4nr j Y A.. A.A. tJ l . r� Y. "w 1.4I. v.j contained herein must be followed in any particular order. Some violations or performance failures are so serious that immediate discharge is appropriate. 4.01 Reprimand An employee repeatedly in violation and conflict of stated policies shall be reprimanded in writing. A copy of the reprimanded shall be placed in the employee's permanent personnel file. A written reprimand shall include, but not be limited to: 1). Nature of offense. No Date and time of offense. 3). Location of offense. 4). Recommendation for improvement. 5). Next action to be taken if cited conduct is repeated. 3). Date reprimand issued. 7). Signature of department head. 8). Signature of employee. 4.02 Demotion If an employee repeatedly violates stated policies and rules of the City of Sanger, or if any employee exhibits inability to perform assigned work task at an acceptable level, the department head may recommend a demotion in job classification, salary or both. Such recommendation shall be in writing and is to include at least the information specified in Section 4.01. 4.03 Suspension (A) For repeated violations the department head c suspended without pay calendar days. of City of Sanger.policies and rules, in recommend an employee be for a period not to exceed thirty (30) {B) Such recommendation shall be in writing and be submitted to the City Manager for approval. If approved, the suspension shall be effective immediately and a copy shall be placed in the employees permanent personnel file. The written recommendation shall include, but not be limited to, the information required in Section 4.01. (c) Any employee charged with a violation of the Criminal Ordinances of the City of Sanger, County of Denton, laws of the State of Texas or United States may be suspended pending the completion of any investigation or trial. 4.04 Dismissal (A) Any of the following will be considered reason for immediate dismissal either by the department head or City Manager: 1). Failure to meet prescribed standards of work. 2). Theft of City Property. 3). Destruction of City Property. 4). Incompetence, inefficiency or negligence in the performance of duty. 5). Insubordination that constitutes a breach of discipline. 6). Conviction of a felony. 7). Unauthorized absence or abuse of leave privileges. � 8). Acceptance of any valuable consideration which was ' given with the expectation of influencing the employee In the performance of his duties. 9). Falsification of records. 10). Use of official position for personal advantage. 11). Use of City equipment or material for personal benefit. 12). Using intoxicants while an duty. 13). Reporting for duty while under the influence of intoxicants. 14). Abuse or unnecessary rudeness to the public. (B) Employees may also be dismissed when in the judgment of the department head and the City Manager, the best interest of the City or the maintenance of discipline within the organization dictates such dismissal. 4.�5 Grievance Procedure (A) It is the policy of the City of Sanger to hear all employee grievances and resolve the question as promptly and effectively as possible. As a means of assisting employees of the City in the proper handling of grievances, a procedure is established herein. All grievances shall be settled solely through these procedures. Every effort will be made to settle a disagreement at the lowest supervisory level; however, an employee may appeal from one step to another provided the appeal is made within the prescribed time limits. (B) Failure to fallow the procedural requirements will result in denial of further case consideration. {C) (D) Step 1 -Immediate Supervisor. If an employee alleges a grievance, he must first attempt to effeLA. a settlement of the matter with his immediate supervisor through a prompt and thorough discussion. If this joint effort fails to resolve the problem, the employee may appeal by filing a written statement outlining the nature of the grievance within two (2) working days following the discussion of the parties involved. Step 2 -Department Head If the grievance is not satisfactorily settled at Step 1, the employee may appeal to the department head by filing a written complaint which includes a notation of the action or decision rendered by the employee's supervisor. The depart- ment head will make a decision within two (2) working days following receipt of the appeal and will immediately notify the employee in writing of the decision and forward a copy of the grievance and decision to be placed in the employee's personnel file. The employee may accept or appeal the decision of the department head. Step 3 =City Manager If the grievance is not satisfactorily settled at Step 2, the employee may request, in writing, that his case be reviewed by the City Manager, such request to be made within three (3) working days following notice of decision of the depart- ment head. The City Manager shall render a decision within ten (10) working days from the date of the appeal. (F) Step 4 -City Council In case of dissatisfaction with the decision of the City Manager, the employee may make a final appeal to the City Commission within thirty (30) days winwing nntice of decision of the City Manager. Such appeal must be by written petition specifically stating the items of complaint and the petition to be directed to the City Council through the City Manager's Office in sufficient time prior to the Council meeting in order to have the hearing placed on the agenda. The employee has the right to ask that such appeal be heard in executive session. The decision of the City Council, in all cases, shall be final. Section V Termination Procedures 5.00 Rules and Regulations (A) In order to resign in good standing, employees in full time positions must submit written notice to the City Manager's Office two (2) calendar weeks prior to the intended date of resignation. The written notice shall include, but is not limited to: 1). Date of letter. 2). Last date of employment 3). Reason for resignation. 4). Forwarding address. 5). Signature of the employee. (B) All records, property, equipment and/or other instruments belonging to the City of Sanger in the position or issued to the terminating employee, shall be returned to the City before a final paycheck is issued. 5.01 Force Reduction Employees maybe discharged without prejudice by reason of lack of work or funds or the abolishment of positions. Insofar as practicable or for the betterment of a department, department heads will give at least two (2) weeks advance notice of such force reduction. The criteria for action will be: 1). Temporary employees, in order of seniority. 2). Part-time employees, in order of seniority. 3). Full time employees, in order of seniority. 5.02 Abolishment of Positions (A) The City Manager may abolish a position of employment when one or more of the following conditions exist: 1}. When the position is no longer required in order to provide services for the citizens of the City. 2}. When budgeted positions have been exceeded. 3). When there is insufficient revenue to support the function of the position. {B) No position of employment shall be abolished solely as a method of removing a person from employment. Section VI Accident and Injury Procedures 3.00 Safety {A) Employees of the City of Sanger will follow all safety regulations established and use all safety equipment provided by each department. (B) Each department head is responsible for reviewing all work procedures and enforcing all safety rules necessary and pro- viding any safety equipment necessary to provide for a safe working environment. 6.01 Reporting of Accidents Employees shall immediately report any accidents or injuries occurring on the job to their supervisor. The supervisor shall take all necessary action to insure the safe transportation and/or treatment of the injured. The supervisor shall then notify the City Manager's Office of the incident and shall file a written accident report with the City Manager. 6.02 Worker's Compensation Any employee injured on the job must fill out a "first report of injury" form and deliver it to the City Manager's Office. This form can be obtained in the City Manager's Office. LTpan receipt the form will be forwarded to the City's Worker's Compensation insurance carrier for review. 6.03 Injury Leave (A) Subject to paragraph (D) below, an employee injured on the job shall be granted injury leave, not charged against accrued sick leave or vacation time, to extend for the duration as a licensed physician shall certify that the injured is unable to return to work; but in no event to extend beyond sixty-five {65) continuous working days unless expressly authorized by the City Manager. (B) During such injury leave, the City of Sanger shall pay the injured employee, as direct payments from salary funds an amount when confirmed with Worker's Compensation Insurance benefits. equal to the employees regular pay. (C) While on injury leave, an employee shall continue to earn vacation and sick leave at the regular rate. {D) An employee who is physically able and who fails to report within twenty-four (24) hours, any injury, however minor. to his supervisor and take such first aid treatment as maybe necessary shall not be eligible for injury leave. {E) Part-time and temporary employees are eligible and covered under provisions of Worker's Compensation Insurance. (F) No employee will be gainfully employed outside of the, City during Workers Compensation leave. Section VII Miscellaneous Provisions 7.00 Employee's Morale The City Manager, assisted by all department heads, is charged with advising, formulating, sponsoring, and/or administering programs designed to promote efficiency, welfare and morale of all municipal employees. 7.01 Instruction and Training {A) Department heads are charged with the responsibility for in-service training and instruction. They are also responsible for applyingg rules and procedures applicable to their particular department. In matters of interdepartmental relations throughout the entire municipal organization, they are responsible for arranging such special and general instructions as may be deemed necessary to accomplish these objectives. (B) On recommendation of department heads, or an his awn initiative, the City Manager may grant leave with pay, together with necessary travel and expense allowance, to permit employees to attend conferences, schools, and similar events designed to improve their efficiency and considered beneficial to the City. Attendance is limited to the budgetary allowance for each department. 7.02 Promotion Insofar as maybe consistent with the interest of the City, vacancies in the higher classifications will be filled by promotion of qualified employees in lower classifications when possible. The date of the promotion will then become the new anniversary date for that employee. 7.03 Operating City Vehicles (A) Some vehicles require employees to operate City -owned vehicles. If an employee has an accident while operating a City vehicle, he/she shall notify the police department and their supervisor immediately. (S) Some vehicles may be driven home after hours, however, no employee shall use a vehicle for other than official City business. Misuse or neglect of a vehicle will result in disciplinary action. 7.04 Use of City Property (A) Employees shall be responsible for and shall not misuse City property, records or any other materials in their care, custody and control. (B) City property, records or other materials shall not be removed from their proper place without prior authorization. 7.05 Outside Employment m \ Second jobs held by employees may be authorized under the following conditions. (A) The department head must be informed in writing of the its nature, location and duties proposed outside employment, involved (B) The outside employment must be authorized by the department head and City Manager. (G) The authorization or denial shall be made part of the employee's personnel file. (D) Outside employment must not interfere with employee efficiency, constitute a conflict of interest, nor require the use of City time or equipment. (E) The eight (8) hours immediately prior to the beginning of City duty must be free unless approved by department head, (F) If an employee becomes unable to perform the duties of their job due to an injury or other incapacity caused by or during outside employment, The City of Sanger may reduce the benefits otherwise granted by these policies. The City of Sanger assumes no responsibility for employees injured other than on Citybusiness. 7 .08 Group Insurance Coverage The Gity of Sanger currently offers group insurance benefits to all full time employees as defined by state and/or federal law. The current benefits allowed under the coverage are outlined in your group insurance booklet. 7.07 Retirement The City of Sanger is a member of the Texas Municipal Retirement System. All employees eligible under TMRS rules contribute to the retirement plan with matching funds from the City of Sanger. The current contribution rates are established by ordinance by the City Council for each budget year. CITY OF SANDER PERSONNEL POLICY HANDBOOK ACKNOWLEDGEMENT ---------------------------- I. do hereby certify thatI have read and do understand the Personnel Policy established by the City of Sanger. Signature Date """ PLEASE RETURN TO CITY SECRETARY'S OFFICE WITHIN TEN (10) DAYS OF RECEIPT. """ CITY OF BANGER, TEXAS ORDINANCE #012-91 AN ORDINANCE AMENDING CHAPTER 7, APPENDIX A OF THE CODE OF ORDINANCES OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, ENTITLED PERSONNEL POLICIES THAT PROVIDE FOR THE RULES AND REGULATIONS REGARDING EMPLOYEES OF THE CITY OF SANGER, PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED By the City Council oP the City of Sanger, Denton County, Texas, That Chapter 7, Appendix A of the Sanger Code of Ordinances Is Hereby Amended To Read As Follows: Section I Authority andAdministration 1.00 Effective Date These Personnel Policies shall became effective upon adoption and approval of the City Council of the City of Sanger, Denton County, Texas. 1.01 Scope These policies shall apply to and govern all full time, temporary, and part-time employees of the City of Sanger. L02 Administration and Appointive Authority (A) The City Manager is appointed by the City Council to be the head of the Administrative branch of the City Government and its chief operating officer. He shall be responsible to the Council for the groper administration of all affairs of the City and to that end shall have the authority to appoint and, when necessary, remove all officers and employees of the City except as otherwise specifically designated. The City Manager may authorize a department head to appoint and remove subordinates in their department. {B) Neither the City Council nor any of its members shall direct the appointment of any person to, or his removal from, office by the City Manager or by any of his subordinates, provided, however, that the appointment of department heads shall be subject to the approval of the City Council. 1.03 Departmental Administration of These Rules The City Manager shall be directly responsible for the proper administration of the personnel rules and policies although he may elect to delegate the direct implementation to the respective department heads. 1.U4 Amendments The City Council may, add, delete or amend any and all portions of this policy statement in order to more effectively and efficiently promote the interest of the City of Sanger. 1.05 Policy Statement (A} It is the intention of the City Council to provide the Gity of Sanger with the best possible municipal government and services while promoting and safeguarding the interests of each employee. (B) The City of Sanger, Denton County. Texas. declares itself to be an Equal Opportunity Employer and does not discriminate in its hiring practices because of race, gender, religion, creed or color. (C) The City of Sanger is an at -will employer, and nothing contained in these policies and procedures shall be construed to create a contractual employment relationship or property interest No supervisor or Department Head has any authority to modify the at -will status of employment; any such modification must be in writing and signed by the City Manager, Section II Employment 2.00 Applications for Employment (A) Employment with the City of Sanger shall be based on the best qualified person for any position. No one shall be employed in any position with the City until a completed application for employment is delivered to the City Manager's Office. All applications for employment that have not resulted in employment will be retained for not more than six (6) months prior to being destroyed. (B) Applications that have resulted in employment will be included in the employee's permanent employment record. (C) The employee shall notify the City Secretary's office for any change in address, current telephone number and any change that would affect benefits, any personnel policies. or job performance. 2.01 Age Requirements Ali permanent, full time employees of the City of Sanger shall have reached their 17th Birthday prior to employment 2.02 Physical Standards A medical examination by a licensed physician as determined by the City, shall be required for all employment candidates for any position with the City. This examination must be administered and passed prior to employment with the City. Cost of the examination shall be borne by the City of Sanger. 2.03 Driving Record (A) Many positions within the City require various classes of Texas Motor Vehicle Operators Licenses. Each employment candidate must possess a valid Texas Operators license applicable to the vehicles, equipment and machinery their jab classification would require them to operate. (B} All employment candidates will have a driving record check � 4� ' through the Texas Dept. of Public Safety prior to their hire. No one will be employed for a position which requires the operation of a motor vehicle with a DWI or DUID conviction or more than two (2) moving violations in the past 24 months. 2.04 Special Employment Criteria Various departments within the City may require certain licenses ar levels of education either prior to or fallowing employment. When such requirements exist they must be fulfilled within established or mandated time tables in order to continue employ- ment. 2.05 Nepotism The City of Sanger will not employ anyone related to any member of the City Council either by blood or marriage. This restriction also includes the City Manager and his immediate staff. 2.06 Political or Religious Restrictions (A) No ethnic political, fraternal or religious connections or affiliations shall be required as a condition of employment nor shall such memberships be permitted to influence any action or recommendation relating to present employees. (B) No employee shall engage in partisan political activity during working hours. 2.07 Employee Orientation (A) Upon selection of the best qualified applicant, the department head will direct the candidate to the Office of the City Manager for orientation to include the following. 1). Personnel policies. 2). Retirement benefits. 3). Insurance benefits. 4). Attendance requirements. 5). Disciplinary and grievance procedures. 6). Payroll procedures. 7). Probation requirements. S). SafetyManuaL 9). Copy of Drug Screening Policy. (B) All new employees shall complete the following prior to beginning their duties. 1). Immigration I-9 Citizenship form. 2). A11 federal and state payroll deduction form. ` �.' 3}. Group insurance and 125 plan forms. 4). TMRS enrollment. (C) The new employee will complete and return to the City Manager's Office the acknowledgement form attached to the last page of this statement as an indication that they have read and understand the personnel policies of the City of Sanger. 108 Public Relations Municipal employment involves a commitment regarding public and private conduct which is sometimes not required in other types of employment. Employees shall at all times conduct themselves in a manner to favorably represent the City of Sanger. Section III Attendance 3_Qn Pay Plan Wages. salaries and working schedules for various positions shall be in accordance with the provisions of the official pay plan currently in effect and including all amendments thereof within the budgetary requirements of each department. 3.01 Working Hours and Attendance In general, full-time Gity employees work five (5), eight (8) hour work days per week; forty (40) hours per week. Work hours may vary from department to department. Each department head shall have the responsibility of assigning work shifts necessary to insure adequate public services. 3.02 Overtime (A) When non-exempt employees are required to work one (1) � hour or more in excess of the regular daily work schedule, such extra time shall be indicated on payroll time sheets under the date the time was worked. (B) Supervisory personnel are for overtime compensation City Manager. 3.03 Rest Breaks exempt positions and are eligible only when authorized by the Employees are authorized two (15} fifteen minute breaks for each eight (8) hour work period. Employees should arrange their rest breaks in accordance with departmental procedures so as not to Interfere with City business. Failure to take a rest break does not constitute extra time worked during a normal eight (8) hour work period. 3.04 (A) Sick leave is defined as the temporary inability of an " employee to perform his/her normal duties and assignments due to personal illness or illness in his/her immediate family (household) for whom the employee is responsible. Each employee shall be entitled to one (1) day of sick leave per month to accumulate to a total of twelve (12) days per year. (n) Upon "returning to wok, ctiipioyccs abe;ciit for tier cc (3) or more days maybe required to present a physician's state- . ment. (C) Sick leave will be awarded on the last day of each calendar � month. ,. (D) Sick leave may be accumulated up to ninety (g0) working " days. (E) Any full-time employee with more than one calendar year of service will be entitled to one (1) personal holiday, if. during the preceding calendar year, no more than one { 1) sick day was taken by the employee. (F) Upon accumulation of ninety (90) days of sick leave r . (minimum of eight (8) years service), all full-time employees will be allowed to return a ratio of sick days to the City at their current daily rate of pay. The following chart will be applicable to determine the number of days eligible for pay for qualifying employees for each calendar year contributing to accumulated sick days in excess of 00 days: No. Avail. Sick Days 12 11 10 No. Eligible Days Pay 6 5 4 Less than ten { 10) additional days of sick leave will not qualify for reimbursement. (G) Any employee who separates employment from the City of Sanger in good standing and has attained eight (8) years of continuous service with the City will be eligible for compensation at their current daily rate for 1 j3 of their total number of accumulated sick days, not to exceed a maximum of thirty (30) days. 3.05 Vacation (A) Upon completion of one (1) year of service, employees will be eligible for vacation benefits, either as time off with pay or as terminal pay in cases of separation from City employment in good standing. (B) Each employee will be entitled to ten (10) vacation days upon the completion of their first year of service. After five (5) years of continuous service, the vacation rate will be twelve (12) days per year. After ten (10) years of continuous service, the vacation rate will be fifteen (15) days per year. Upon completion of the fifteenth (15) continuous year of service and thereafter, the vacation rate shall be twenty (20) days annually. (C) Department heads will arrange vacation schedules and reallocate duties to minimize interference with the normal function and operation of their organizations. Vacations shall be scheduled where possible in order of seniority within a given department (D) The term "year of service" is to be defined as from January 1 to December 31 after the employee's Pirst vacation. (E) A "month of service" for figuring vacation and sick leave benefits will be allowed on parts of months as follows: 1). The employee's first month on the payroll will count only if he was hired on the first { 1st) through the fifteenth (15th). 2). The employee's last month on the payroll will count only . if he terminates on the sixteenth (16th) or later in that month. (F) Each full-time employee shall be entitled to receive five (5) days of his vacation in pay per full year employed at his current daily rate. {G) Each Pull time employee shall take at least five (5) days of . vacation time off each year. (H) Vacation time shall not be carried over from year to year without express written consent by the City Manager. (I) No vacation benefits will be earned by temporary or part- time employees working less than 25 hours per week. {J) Vacation time will be pro -rate during their First year of employment and thereafter full vacation benefits will be allowed. V.VuV Lmer ge�:cy Leav e The City Manager may grant emergency leaves of full time employees in case of death or serious illness of a member of the employee's immediate family, not to exceed five (5) days per year. Immediate family is to include the employee's spouse and `U dependents, parents, grandparents and the spouse's parents and grandparents. 3.07 Leave of Absence Leave of absence without pay maybe granted to full time employees. Requests for such leave shall be in writing and submitted to the City Manager ten (10) working days in advance of the requested beginning date of the leave. The City Manager or his designee shall have the sole authority to authorize a leave of absence. In no case shall such leave exceed ninety (90) calendar days. 3.08 Maternity Leave Equal Employment guidelines provide that pregnancy, miscarriage, childbirth and recovery are considered temporary disabilities for the period in which an employee cannot or, upon physician's advise, should not return to work The time when a pregnant woman should cease or return to work must be determined on an individual basis. When in the opinion of her obstetrician an employee determines that she should not continue to work, she is entitled to all accrued salary and vacation pay. After delivery, prior to returning to work, she shall provide the City Manager's Office with a physician's statement releasing her to resume her duties. If the employee decides not to return to work, she must submit a letter of resignation to the :.City Manager's Office. 3.09 Military Leave (A) The provisions of HB. 781, Acts of the 53rd Texas Legislature provide that on or after May 27, 1953, all employees of a municipality who are rnernbers of the National Guard, Official Militice of Texas, or of any of the reserve units of the Armed Forces of the United States, excluding the Merchant Marine, when so ordered or authorized, shall be entitled to a leave of absence with pay during any period when they shall be engaged in field training or encampment, or when ordered to duty with troops for field exercises, or for instruction, and not to exceed fifteen (i5) days during any one calendar year. (B) This policy applies to employees serving as members of the above mentioned military units, but not to employees who volunteer or are drafted into full-time military service. (C) Military Leave with Pay shall be in addition to any other form of leave with pay to which an employee maybe normally entitled and shall not exceed fifteen (15) working days for which the employee would normally receive pay in any one calendar year. 3.10 Other Forms of Leave {A) Any employee directly summoned to serve on a jury, grand jury or in a court trial shall be granted leave with pay by his department head for the time away from work required by such duty. {B) Full-time employees upon authorization of their department head or the City Manager, are authorized leave to attend conferences, seminars, conventions, schools and similar events designed to enhance work skills, training and performance that are beneficial to the City of Sanger. Attendance to such events is limited to budget restraints. 3.11 Holidays (A) The City of Sanger declares and designates the following holidays to be observed with pay by all City employees occupying full time positions: New Year's Day Martin Luther King, Jr. Birthday GoodFriday �� Memorial Day Independence Day Labor Day Thanksgiving Day Friday Following Thanksgiving Day Christmas Eve ChristmasDay (B} Other days may also be designated by the governing body of the City of Sanger. {C) Should a holiday fall on a Saturday or Sunday, it shall be observed on the preceding or following work day as appiicabie. Section IV Disciplinary Policies 4.00 Enforcement Department heads are charged with maintaining proper working standards and discipline within their departments. Employees guilty of misconduct, malfeasance, nonperformance, abuse of the public, insubordination, unproductive behavior and/or habitual abuse of work rules and regulations shall be subject to disciplinary action in accordance with the disciplinary policies herein set forth; provided. however, nothing in these policies and procedures is intended to imply that the disciplinary steps or action contained herein must be followed in any particular order. Some violations or performance failures are so serious that immediate discharge is appropriate. 4.01 Reprimand An employee repeatedly in violation and conflict of stated policies shall be reprimanded in writing. A copy of the reprimanded shall be placed in the employee's permanent personnel file. A written reprimand shall include, but not be limited to: 1). Nature of offense. 2). Date and time of offense. 3). Location of offense. 4). Recommendation for improvement. 5). Next action to be taken if cited conduct is repeated 6). Date reprimand issued. ?). Signature of department head. 8). Signature of employee. 4.02 Demotion If an employee repeatedly violates stated policies and rules of the City of Sanger, or if any employee exhibits inability to perform assigned work task at an acceptable level, the department head .may recommend a demotion in job classification, salary or both. Such recommendation shall be in writing and is to include at least the information specified in Section 4.01. 4A3 Suspension �A) For rcpeatcd violations of City of Sanger policies and rules. � `'6 ,' ``•: the department head can recommend an employee be suspended without pay for a period not to exceed thirty {30) calendar days. (B) Such recommendation shall be in writing and be submitted to the City Manager for approval If approved, the suspension shall be effective immediately and a copy shall be placed in the employees permanent personnel file. The written recommendation shall include, but not be limited to, . the information required in Section 4.01. (c) -Any employee charged with a violation of the Criminal Ordinances of the City of Sanger, County of Denton, laws of the State of Texas or United States maybe suspended pending the completion of any investigation or trial 4.04 Dismissal (A) Any of the following will be considered reason for immediate dismissal either by the department head or City Manager: 1). Failure to meet prescribed standards of work. 2). Theft of City Property. 3). Destruction of City Property. 4). Incompetence, inefficiency or negligence in the performance of duty. 5). Insubordination that constitutes a breach of discipline. 6). Conviction of a felony. 7). Unauthorized absence or abuse of leave privileges. . �;, ��' 8). Acceptance of any valuable consideration which was given with the expectation of influencing the employee in the performance of his duties. 9). Falsification of records. 10). Use of official position for personal advantage. 11). Use of City equipment or material for personal benefit. 12). Using intoxicants while on duty. l%*R). 1{eportina Ior uu�y wui1C iailUCa iaaC aalalu4at... v. intoxicants. 14). Abuse or unnecessary rudeness to the public. (B) Employees may also be dismissed when in the judgment of .. ;, the department head and the City Manager, the best interest of the City or the maintenance of discipline within the ,organization dictates such dismissal 4.Q5 Grievance Procedure (A) It is the policy of the City of Sanger to hear all employee grievances and resolve the question as promptly and effectively as possible. As a means of assisting employees of the City in the proper handling of grievances, a procedure is established herein. All grievances shall be settled solely through these procedures. Every effort will be made to settle a disagreement at the lowest supervisory level; however, an employee may appeal from one step to another provided the appeal is made within the prescribed time limits. {B) Failure to follow the procedural requirements will result in denial of further case consideration. (C) Step 1 -Immediate Supervisor. If an employee alleges a grievance, he must first attempt to effect a settlement of the matter with his immediate supervisor through a prompt and thorough discussion. If this joint effort fails to resolve the problem, the employee may appeal by filing a written statement outlining the nature of the grievance within two (2) working days following the discussion of the parties involved. (D) Step 2 - Department Head If the grievance is not satisfactorily settled at Step 1, the employee may appeal to the department head by filing a written complaint which includes a notation of the action or decision rendered by the employee's supervisor. The depart- ment head will make a decision within two (2) working days following receipt of the appeal and will immediately notify the employee in writing of the decision and forward a copy of the grievance and decision to be placed in the employee's personnel file. The employee may accept or appeal the decision of the department head. {E) Step 3 -City Manager If the grievance is not satisfactorily settled at Step 2, the employee may request, in writing, that his case be reviewed by the City Manager, such request to be made within three (3) working days following notice of decision of the depart- ment head. The City Manager shall render a decision within ten (10) working days from the date of the appeaL (F) Step 4 -City Council In case of dissatisfaction with the decision of the City Manager, the employee may make a final appeal to the City Commission within thirty (30) days following notice of decision of the City Manager. Such appeal must be by written petition specifically stating the items of complaint and the petition to be directed to the City Council through the City Manager's Office in sufficient time prior to the Council meeting in order to have the hearing placed on the agenda. The employee has the right to ask that such appeal be heard in executive session. The decision of the City Council, in all cases, shall be finaL Section V Termination Procedures 5.00 Rules and Regulations (A) In order to resign in good standing, employees in full time positions must submit written notice to the City Manager's Office two (2) calendar weeks prior to the intended date of resignation. The written notice shall include, but is not limited to: 1). Date of letter. 2). Last date of employment. 5.01 3). Reason for resignation. 4}. Forwarding address. 5}. Signature of the employee. (B) All records, property, equipment and/ar other instruments belonging to the City of Sanger in the position or issued to the terminating employee, shall be returned to the City before a final paycheck is issued. Force Reduction Employees maybe discharged without prejudice by reason of lack of work or funds or the abolishment of positions. Insofar as practicable or far the betterment of a department, department heads will give at least two {2) weeks advance notice of such force reduction. The criteria for action will be: 1). Temporary employees, in order of seniority. 2). Part-time employees, in order of seniority. 3). Full time employees, in order of seniority. 5.02 Abolishment of Positions (A) The City Manager may abolish a position of employment whin one or more of the following conditions exist: 1). When the position is no longer required in order to provide services for the citizens of the City. 2}. When budgeted positions have been exceeded. 3). When there is insuffiMent revenue to support the function of the position. (B) No position of employment shall be abolished solely as a method of removing a person from employment. Section VI Accident and Injury Procedures 6A0 Safety (A) Employees of the City of Sanger will follow all safety �. regulations established and use all safety equipment provided by each department. (B) Each department head is responsible for reviewing all work procedures and enforcing all safety rules necessary and pro- viding any safety equipment necessary to provide for a safe working environment. 6.01 Reporting of Accidents Employees shall immediately report any accidents or injuries occurring on the job to their supervisor. The supervisor shall take all necessary action to insure the safe transportation and/or treatment of the injured. The supervisor shall then notify the City Manager's Office of the incident and shall file a written accident report with the City Manager. 6.02 Worker's Compensation Any employee in ured on the job must fill out a "first report of injury" form and deliver it to the City Manager's Office. This form can be obtained in the City Manager's Office. Upon receipt the form will be forwarded to the City's Worker's Compensation insurance carrier for review. 8.03 Injury Leave (A) Subject to paragraph (D) below, an employee injured on the job shall be granted injury leave, not charged against accrued sick leave or vacation time, to extend for the duration as a licensed physician shall certify that the injured Is unable to return to work; but in no event to extend beyond sixty-five (65) continuous working days unless expressly authorized by the City Manager. (B) During such injury leave. the City of Sanger shall pay the injured employee, as direct payments from salary funds an amount when confirmed with Worker's Compensation Insurance benefits, equal to the employees regular pay. (C) While on injury leave, an employee shall continue to earn vacation and sick leave at the regular rate. (D) An employee who is physically able and who Pails to report within twenty-four (24) hours. any injury. however minor. to his supervisor and take such first aid treatment as may be necessary shall not be eligible for injury leave. (E) Part-time and temporary employees are eligible and covered under provisions of Worker's Compensation Insurance. (F) No employee will be gainfully employed outside of the_Cty during Workers Compensation leave. Section VII Miscellaneous Provisions ?.00 Employee's Morale The City Manager, assisted by all department heads, is charged with advising, formulating, sponsoring, and/or administering programs designed to promote efficiency, welfare and morale of all rnunicfpal employees. ?.01 Instruction and Training (A) Department heads are charged with the responsibility for ' in-service training and instruction. They are also responsible for applying rules and procedures applicable to their particular department In matters of interdepartmental relations throughout the entire municipal organization, they are responsible for arranging such special and general instructions as maybe deemed necessary to accomplish these objectives. (B} On recommendation of department heads, or on his awn initiative, the City Manager may grant leave with pay, together with necessary travel and expense allowance, to permit employees to attend conferences, schools, and similar events designed to improve their efficiency and considered beneficial to the City. Attendance is limited to the budgetary allowance for each department 7.02 Promotion Insofar as maybe consistent with the interest of the City, vacancies in the higher classifications will be filled by promotion of qualified employees in lower classifications when possible. The date of the promotion will then become the new anniversary date for that employee. ?.03 Operating City Vehicles {A) Some vehicles require employees to operate City -owned vehicles. If an employee has an accident while operating a City vehicle, he/she shall notify the police department and their supervisor immediately. �. �� {{ �, 4 (B) Some vehicles may be driven home after hours, however, no employee shall use a vehicle for other than official City business. Misuse or neglect of a vehicle will result in disciplinary action. 7.04 Use of City Property (A) Employees shall be responsible for and shall not misuse City property, records or any other materials in their care, custody and control. (B) City property, records or other materials shall not be removed from their proper place without prior authorization. 7.05 Outside Employment Second jabs held by employees maybe authorized under the following conditions. (A) The department head must be informed in writing of the proposed outside employment, its nature, location and duties involved. (B) The outside employment must be authorized by the department head and City Manager. (C) The authorization or denial shall be made part of the employee's personnel file. (D) Outside employment must not interfere with employee efficiency, constitute a conflict of interest, nor require the use of City time or equipment. (E) The eight (S) hours immediately prior to the beginning of City duty must be free unless approved by department head. (F) If an employee becomes unable to perform the duties of their job due to an injury or other incapacity caused by or during outside employment. The City of Sanger may reduce the benefits otherwise granted by these policies. The City of Sanger assumes no responsibility for employees injured other than on City business. ?.00 Group Insurance Coverage The City of Sanger currently offers group insurance benefits to all full time employees as defined by state and/or federal law. The current benefits allowed under the coverage are outlined in your group insurance booklet. 7.0? Retirement The City of Sanger is a member of the Taxes Municipal Retirement System. All employees eligible under TMRS rules contribute to the retirement plan with matching funds from the City of Sanger. The current contribution rates are established by ordinance by the City Council for each budget year. Section VIII All Ordinances or parts of Ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. Section LX It is declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable and if any phrase, clause, sentence, paragraph or section shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of the Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or sentence. Section X This Ordinance shall take effect immediately from and after its passage and the publication %0 the caption as the law in such cases provides. PASSED AND APPROVED THIS 3rd day of September . 199 1, by the City Council of the City of Sanger, Denton County, Texas. Nel Armstrong Mayor, City of S gar ATTEST: JJr Rosalie arcia: City. Secretary' te) hsayX Prc,-Tem. The City Council shall elect one Councilmember to serve as Mayor Pto-Tern for a term of one (1) year. (Ordinance adopting Code) (d) Tirrmc �f Office. The terms of the Mayor and Councilmembers shall be for two (2) The Mayor and council places two (2) and four (4) shall be elected in even mnbered years, and council places one (1), three (3), and five (5) shall be elected in odd ,lumbered years. (e) C'omvensatiQn. The Mayor shall receive thirty-five dollars ($35.00) each month and, r.nuncilmembers shall receive thirty dollars ($30.00) each month as compensation for their trviccs. e f} tJvfeetin�s. The City Council shall hold at least two (2) regular meetings each month may hold as many special meetings as waybe necessary to conduct City viiSiricSS. Regularly scheduled meetings shall be held on the first (lst) and third (3rd) Mondays at, -6:00 p.m. in the City Hall council chambers unless otherwise designated. (Chapter 1, Section 15, Code of 1982) ARTICLE 1.1200 CLAIMS FOR DAMAGES AGAINST CITY* 1.1201 Reporting of Damage of Injury The City of Sanger 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 on his/her behalf, or in the event the injury results in death, the person or persons who may have a cause of action under the law by reason of such death or injury, shall, within sixty (60) days or within six (6) months for good cause shown from the date the damage or injury was received, give notice in writing to the Mayor and City Council of the following facts: (a) The date and time the injury occurred and the place where the injured person or Property was at the time when the injury was received. (b) The nature of the damage and injury sustained. (c) The apparent extent of the damage or injury sustained. (d) A specific and detailed statement of how and under what circumstances the damage or injury occurred. {) The amount for which each claimant will settle. (i The actual place of residence of each claimant by street, number, city and state on the date the claim is presented. (9) In the case of personal injury or *ccdeath, the names and addresses of all persons who, carding to the knowledge or information of the claimant witnessed the happening of the 'Sian Lave reference —Immunity of certain governmental functions, V.T.C.A., Civil Practices and Remedies l01.OS5; Limitation on amount of liability, see V.T.C.A., Civil Practices and Remedies Code, A23; Ton claim payments, V.T.C.A., Civil Practices and Remedies Code, ch. 102; Volunteer firefighters, �'.T C A , Civil practices and Remedies Code, § 78.0010 1-11 injury or any part thereof and the names of the doctors, if any, to whose care the injured person is committed. (h) 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 thereof. (Ordinance 86-19 adopted 9-2-86) § 1.1202 Council to Consider Claim Before Lawsuit No suit of any nature whatsoever shall be instituted or maintained against the City of Sanger unless the plaintiff therein shall aver and prove that previous to the filing of the original petition the plaintiff applied to the City Council for redress, satisfaction, compensation, or relief, as the case may be, and that the same was by vote of the City Council refused. (Ordinance 8049 adopted 9-2-86) § 1.1203 Serving of Notice All notices required by this article shall be effectuated by serving them upon the City Secretary at the following physical location. 201 Bolivar Street. All such notices shall be effective only when actually received in the office of the person named above. (Ordinance 86-19 adopted M- 86) § 1.1204 Waiver of Provisions of Article Prohibited Neither the Mayor, a City Councilmember, or any other officer or employee of the City shall have the authority to waive any of the provisions of this article. (Ordinance 86-19 adopted 9-M6) § 1.1205 Written Notice Shall Be Sworn The written notice required under this article shall be sworn to by the person claiming the damage or injuries or by someone authorized by him/her to do so on his/her behalf. Failure to swear to the notice as required herein 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 herein. (Ordinance 8&19 adopted 9-M6) § 1.1206 Exceptions Circumstances where good cause can be shown, civil rights claims, and actual notice of claims are exceptions to the time limitations for filing claims. (Ordinance adopting Code) • ii u ► '� u u: • § 1.1301 North Central Texas Council of Governments The City of Sanger, Texas, shall be a member of the North Central Texas Council of Governments for the purpose of joint planning and coordination of governmental services and policies as authorized by V.T.C.A., Local Government code, ch. 391, and the City Secretary is hereby authorized to pay the annual dues required for membership in said council. (Chapter 1, Section 19, Code of 1982) all electrical power from any room, building, power line, or district, when public safety so demands, or for any other reason deemed sufficient by said Electrical Inspector. (Ordinance 764 adopted 149-76; Chapter 3, Section 4C, Code of 1982) § 3.504 Licenses (a) Valid License Required. It shall be unlawful for any person to install electric wiring or apparatus or to make any repairs, alterations, additions, or changes to electric wiring or apparatus used in connection with electric lighting, heating, or power, unless such person shall have previously obtained a master or journeyman electrician's license or homeowner's permit, or unless such person is a bona fide employee working under the direct supervision A a licensed electrician. (Ordinance 764 adopted 149-76; Chapter 3, Section 41), Code of 1982) (b) Registration and Recognition of Licenses from Other Cities. Electricians holding a• currently valid license or certificate of registration in another city must receive a certificate of registration in the City of Sanger. The following conditions must be complied with: (1) He or she shall submit evidence satisfactory to a majority of the electrical code board that his or her license or certificate of registration was issued under conditions not less restrictive than required by the Sanger Electrical Code for issuance of a master or journeyman electrician license. (2) He or she shall pay the registration fee as provided for in the fee schedule found in the Appendix of this Code, and comply with all other requirements of the Sanger Electrical Code. (Ordinance 764 of 149-76; Ordinance 824 adopted 5-1742; Chapter 3, Section 4D, Code of 1982) (c) Revocation or Refusal of License Registration. Any failure on the part of the holder of a master electrician's license, or any of his employees to comply with the provisions of any ordinance of the City of Sanger regulating the installing, repairing, changing, or altering any electrical wiring or apparatus shall be deemed sufficient cause for revoking said certificate of registration. (Chapter 3, Section 4D, Code of 1982) § 3.505 Companies Engaging in Such Electrical Business Any company, fuirr, corporation, association, or co -partnership wishing to engage in the business of installing, repairing, changing, or altering any electrical wiring or apparatus, shall first appoint a chief electrician, who shall, before such company, firm, corporation, association, or co -partnership may engage in such business, obtain a master electrician's license as hereinbefore provided. Said chief electrician shall be fully responsible for the work of all employees of said company, firm,corporation, association, or co -partnership, and he/she shall be directly liable for all damages, injuries, or violations of law arising from the work of such employees. (Ordinance 76A adopted 1-19-76; Chapter 3, Section 4F, Code of 1982) § 3.506 Electrical Work Permits (a) Work Permit Required. It shall be unlawful for any person to install, change, alter, or repair any electric wising or apparatus (except routine repairs such as the replacement of fuses and lamps, and alleviation of short circuits), until after such person has first obtained 3-5 (d) The state issuing each license. (e) The date of arrival and of departure of each recreational vehicle. The park licensee shall keep the register available for inspection at all times by law enforcement officers, public health officials, and other officials whose duties necessitates acquisition of the information contained in the register. The register records shall not be destroyed for a period of two (2) years following the date of registration. (Ordinance 80-8 adopted 9-8-80; Chapter 3, Section 8F, Code of 1982) ARTICLE 3.800 � J.O V 1 LC11111CIV11J For the purposes of this article, the following terrns, phrases, words, and their derivations shall have the meaning given herein. Building. A structure designed, built, or occupied as a shelter or roofed enclosure for persons, animals, or property and used for residential, business, mercantile, storage, commercial, industrial, institutional, assembly, educational, or recreational purposes. Buildings not exceeding twelve feet (12') in width, sixty feet (60') in.length, and thirteen feet six inches (13'6") in height above the street level are exempted from this definition and terms of this article. Building Ins ep ctor. The City Manager or his/her designate of the City of Sanger, Texas. Ci % The City of Sanger, Texas. Person. Any person, firm, partnership, association, corporation, company, or organization of any kind. (Ordinance 73-3 adopted 5-21-73; Chapter 3, Section 9A, Code of 1982) § 3.802 Permits (a) Permit Required. No person shall move any building or portion thereof over, along, or across any highway, street, or alley in the City without first obtaining a permit from the Building Inspector. No moving shall be permitted between the hours of 7:00 a.m. and 9:00 a.m. or 4:00 p.m. and 6*00 p.m. No moving will be allowed on weekends or holidays. (b) General Permit Requirements. No application for any permit to move buildings or other oversized loads will be accepted until the applicant shall have the following on file with the Building Inspector: (1) Bonding Requirements. A bond, approved as to form by the City Attorney, executed by a bonding or surety company authorized to do business in the State of Texas in the amount of five thousand dollars ($5,000.00), conditioned upon the assurance that this article and other applicable ordinances and laws will be complied with. Such bond shall run to the City and shall be conditioned on payment for any expense or damage to public property; and payment of any expenses, damages, or losses resulting from any malfeasance, misfeasance, nonfeasance, or negligency in connection with any of the activities upon which a moving permit applied for is granted. (2) Liability Insurance Requirements. In addition to the foregoing requirement for a bond, a liability insurance policy in full force and effect shall be required in the minimum sum of fifty thousand dollars ($50,000.00) for injury or death to • more than one (1) person from any one (1) accident and the minimum sum of twenty-five thousand dollars ($25,000.00) for property damage for any one (1) accident and such policy shall contain a provision obligating the insurer to give written notice of cancellation not less than ten (10) days prior to the date of such cancellation to the Building Inspector. (Ordinance 73-3 adopted 5-21-73; Chapter 3, Section 9B(a), Code of 1982) § 3.803 Application for Permits A person seeking issuance of a permit hereunder shall file an application for such permit with the Building Inspector. (a) Application Form. The application shall be made in writing upon forms provided by the Building Inspector, and shall be filed in the office of the Building Inspector. (b) C'ontents of Application. The application shall set forth a description of the building proposed to be moved, giving street number, construction materials, dimensions, number of rooms, condition of exterior and interior, and maximum height of building above ground level when mounted on moving apparatus; a legal description of the lot from which the building is to be moved, giving the lot, block, tract number, and street address, if located in the City; a legal description of the lot to which it is proposed to move such building, giving lot, block, tract number, and street address if located in the City or if outside the City, the destination; the portion of the lot to be occupied by the building when moved; the highways, streets, and alleys over, along, or across which the building is proposed to be moved; proposed moving date and hours; and any additional information which the Building Inspector shall find necessary to make a fair determination of whether a permit should be issued. (c) Paoere to Accompany Application. Attached to the application shall be the following: (1) Tax Certificate. The owner of the building to be moved shall file with the application sufficient evidence that the building and lot from which it is to be removed aze free of any encumbrances and that all taxes and any City charges against the same have been paid in full. (2) �'-P7*ificate of Ownership or Entitlement. The applicant, if other than the owner, shall file with the application a written statement or bill of sale signed by the owner, or other sufficient evidence, that he/she is entitled to the building. (3) Texas Department of Highways and Public Transportation. The applicant shall file with the application a Texas Department of Highways and Public Transportation permit for moving oversized load if any part of the proposed route is along a designated U. S. or state numbered highway route. (Ordinance 73-3 adopted 5-21-73; Chapter 3, Section 9B(b), Code of 1982) 3-20 .. § 3.804 Permit Fee The application shall be accompanied by a permit fee as set forth in the fee schedule found in the Appendix of this Code. (Ordinance 824 adopted 5-17-82; Chapter 3, Section 9B(d), Code of 1982) § 3.805 Expense or Damage Deposits (a) Upon receipt of an application it shall be the duty of the Bung Inspector to procure from the utilities department and other appropriate agencies an estimate of the expense that will be incurred in removing, replacing, or altering any electric wires, street lamps, or pole lines belonging to the City or any other property of the City, the removal, replacement, or alteration of which will be required by reason of the moving of the building, together with the cost of materials necessary to be used in making such removals, replacements, and/or alterations. Thereafter, prior to issuance of the permit, the Building Inspector shall require of the applicant a deposit of a sum of money equal to three (3) times the amount of the estimated expense, or three hundred dollars ($300.00), whichever sum is greater. (b) Additionally, said deposit shall be used as an indemnity for any damage which the City may sustain by reason of damage or injury to any highway, street, alley, sidewalk, fire hydrant, shade tree, traffic control device, utility line, or other property of the City, which may be caused by or be incidental to the moving of any building over, along, or across any street of the City. (Ordinance 73-3 adopted 5-21-73; Chapter 3, Section 9B(2), Code of 1982) § 3.806 Duties of Building Inspector (a) Inspection. Prior to the issuance of the permit, the Building Inspector shall inspect the building and the applicant's equipment to determine compliance with the standards listed below and refuse to issue a permit if he/she finds that any application requirement or any fee or deposit requirement has not been complied with; that the building is too large to move without endangering persons or property in the City; that the building has deteriorated more than fifty percent (50%) of its original value by fire or other element, or is otherwise so structurally unsafe that it cannot be moved without endangering persons or property in the City, that the building is structurally unsafe or unfit for the purpose for which moved, if the proposed location is in the City; that the applicant's equipment is unsafe, unlicensed, or otherwise not in conformity with the law, or that persons or property would be endangered by its use; that any municipal ordinance or other law would be violated by the building in its new location; or that for any other reason persons or property in the City would be endangered by the moving of the building. (b) Fees and Deposits Collected by Building Inspector (1) Deposit. The Building Inspector shall deposit all fees and deposits with the City Secretary. All bonds and insurance policies shall be filed in the Building Inspector's office. (2) Return upon Nonissuance of Permit. Upon his/her refusal to issue a permit the building inspector shall return to the applicant all deposits. A processing fee, as set forth in the fee schedule found in the Appendix of this Code, will be charged to defray expenses of inspection. Any permit fee in excess of fifteen dollars ($15.00) will be returned to the applicant. § 3.1503 Schedule of Uses Permitted The classes of zoning use districts in which the various types of signs are permitted are indicated by the following scheduler Maximum Area District Spacing Permit Type Sim (Sq. Ft.) Permitted Standard Required Name Plate 1 All Districts None No Name Plate 50 B41 B-27 B-3, None No I41 I-2 T�^#4+ T+;,, ^l 14 d11 RPciAPnAnl Nnne. Nn Districts Institutional .72 B4, B-22 B-3 None No I-12 I-2 Apartment 50 All Districts One (1) Per No Street Frontage Business 200 B41 B-2, B-32 One (1) Yes I-11 I-2 Per Business Billboard Type 400 I4, I-2 One Thousand Yes Feet Apart Agriculture 100 A One (1) Yes Per Farm -- Real Estate 18 All Districts One (1) Per Lot; No On Acreage One (1) Per 200' Road Frontage Construction 60 All Districts None No Development 200 All Districts One (1) Per No Project or One_(1) for Each 100 Acres in Project 344 ARTICLE 6.100 WEEDS. GRA R BBISH BR 1 H AND OTHER OBJECTIONABLE MATTER § 6.101 Tall Weeds, Grasses, or Plants Unlawful (a) It shall be unlawful for any person having supervision or control of any lot, tract, parcel of land or portion thereof, occupied or unoccupied, improved or unimproved, within i^r�a s p e limits of the City of Sanger to suffer or permit grass, weeds or any plant that is not cultivated to grow to a greater height than twelve inches (12") on an average or to grow in rank profusion upon said premises. With respect to lots, tracts or parcels of land of two (2) or more acres under single ownership, the provisions of this section shall not be applicable to the area in excess of one hundred feet (100) from anv oven nuhlic street or way or to the arpa in Pvrrwcc of r%. A hundred feet (100') from any adjacent property under different ownership on which habitable dwellings are located. (b) It shall be unlawful for any person, having supervision or control of any lot, tract, parcel of land or portion thereof, occupied or unoccupied, improved or unimproved, within the corporate limits of the City of Sanger to suffer or permit grass, weeds, or any other plant that is not cultivated to grow in rank profusion, or otherwise, in, along, upon, or across the sidewalk or street adjacent to same in the area between the property line and the curb line or within the area ten feet (10) beyond the property line to a height greater than twelve inches (12") on an average. (Ordinance 147-72 adopted 147-72; Chapter 6, Section 1A, Code of 1982)) § 6.102 Rubbish, Brush, or Any Objectionable, Unsightly, or Unsanitary Matter Unlawful It shall be unlawful for any person having supervision or control of any lot, tract, parcel of land or portion thereof, occupied or unoccupied, improved or unimproved, within the corporate limits of the City of Sanger to suffer or permit any rubbish, brush, any and all other objectionable, unsightly or unsanitary matter of whatever nature to accumulate or be present upon any such lot, tract, or parcel of land. (Ordinance 14742 adopted 1-17-72, Chapter 6, Section 1B, Code of 1982) § 6.103 Owner's Duty to Abate Violation It shall be the duty of any person having supervision or control of any lot, tract, parcel of land or portion thereof, occupied or unoccupied, unproved or unimproved, within the corporate limits of the City of Sanger to cut, or cause to be cut, and remove, or cause to be removed, if necessary, to comply with Section 6.102 of this article, all such grass, weeds, plants, rubbish, brush, and any and all other objectionable, unsightly or unsanitary matter of whatever nature as often as may be necessary to comply with the provisions of Sections 5.101 and 6.102. (Ordinance 147-72 adopted 147-72; Chapter 6, Section 1C, Code of 1982) State Law reference —Authority to regulate weeds and grass. V.T.C.A., Health &Sanitation Code, $ 342.004. 6-3 § 6.305 Collection Frequency The City of Sanger, Texas, shall collect refuse from the residential areas of the City not less than twice weekly, and from the business areas of the City up to five (5) days per week; provided, any person in possession or control of any premises shall place the containers required in a location easily accessible for the collector, as directed by the City Manager. (Ordinance of 4-16-73; Chapter 6, Section 6E, Code of 1982) § 6.306 Designated Trash Collection Days One (1) day each week shall be designated by the City Manager as trash pick-up day. Any person having trash accumulation greater than can reasonably be handled by normal collection of garbage and trash as hereinabove provided shall notify the City, and the City shall collect such trash on such day so designated. (nrd1nanrP. nfd-1(_'71• rlln',*PT 4 Section 6F, Code of 1982) § 6.307 Special Trash Collection Request In the event that a special request is made for removal of trash on any day other than the designated trash pick-up day there shall be made a special removal charge as set forth in the fee schedule found in the Appendix of this Code for each such collection whether the same be a partial or a full truck load. (Ordinance 824, Section 10(r), adopted 547-82; Chapter 6, Section 6G, Code of 1982) § 6.308 Placement and Removal of Containers for Pick -Up (a) Any person in possession or control of premises, desiring to place garbage or trash for collection by the City shall place container containing same adjacent to or near the curb in the front of or on the side of his or her property, along designated garbage routes as fixed by the City, not later than 7*00 a.m. (Ordinance of 446-73, Chapter 6, Section 6H, Code of 1982) (b) After the containers have been emptied by the garbage collectors, the owner of the container shall remove same from the street not later than 8:00 p.m. of the same day and store such container on his or her property, but not in a front yard or a side yard adjacent to a public street. (Ordinance of 446-73; Chapter 6, Section 6I, Code of 1982) (c) It shall be unlawful for any person to leave any garbage containers within a public street on any day other than a designated collection day. (Ordinance of 4-16-73; 6, Section 6J, Code of 1982) Chapter § 6.309 Container Contents Limited Containers having noticeable quantities of debris, will not be eligible for collection. (a) Excessive Accumulation of Garbage, Trash and/or Rubbish. Any premises having excessive accumulations of garbage, trash and/or rubbish, may be excluded from the service provided by the City Sanitation Department upon written notice to the City Manager, and such accumulations shall then be removed and disposed of by a person or firm having a current license issued by the City, at the total expense of the person in possession or control of such premises; however, such exclusion from City collection shall not waive the minimum charge for each premises, which shall be considered as contributing to the maintenance and operation of the dumping grounds. 6-9 § 6.316 Use of City Sanitary Landfill (a) License Required of Private Haulers to Use Landfill. No person, except duly authorized agents and employees of the City, shall empty garbage cans or trash receptacles into or convey or transport garbage or trash to any sanitary landfill owned or maintained by the City without a written license for each vehicle used for such purpose granted and issued by the City of Sanger. (b) Collection of Feed. No monies will be exchanged at the City sanitary landfill during regular office hours of the City hall. The landfill attendant will collect fees on Saturday for the City. All monies collected shall be turned in to the City hall night deposit box on Cat„r�iav after the tanc3fill has been closed. (Ordinance 80-3 of 1-7-80; Ordinance 82-L Section 10(r), adopted 5-17-82; Chapter 6, Section 6R, Code of 1982) (c) Who Mav Use Landfill. Only residents or businesses of the City of Sanger and residents located on the Sanger rural mail routes who receive their mail from the Sanger Post Office shall be permitted to use the Sanger sanitary landfill. All users of the landfill shall first obtain a receipt showing they have paid the applicable fee. Said receipt shall be obtained at the City hall except on Saturday when the fee shall be paid at the landfill gate. (Ordinance 01-88 adopted 3-21-88; Chapter 6, Section 6R, Code of 1982) (d) Sanita_ry Landfill Use Fee Schedule. Sanitary landfill fees shall be as set forth in the fee schedule found in the Appendix of this Code. ARTICLE 6.400 REMOVAL OF ILLE TALLY DUMPED REFUSE ON PRIVATE PROPERTY § 6.401 Notice to Remove (a) The City Council shall appoint an individual to serve as public health authority for the City of Sanger. (b) It shall be the duty of the public health authority or his or her designate to notify the owner or agent for management purposes of any private premises within the City upon which any solid waste material has been illegally placed or disposed of to remove such solid waste materials within ten (10) days. This notice shall be in writing and may be served on the owner or such agent by handing it to him or her in person or by registered mail addressed to such owner or agent at his or her post office address as shown on the tax rolls of the City of Sanger. Where such address is not shown, notice may be given by publication in the City's official newspaper as many as two (2) times within ten (10) consecutive days, or by posting the notice on or near the front door of each building on the property to which the violation relates, or by posting the notice on a placard attached to a stake driven into the ground on the property to which the violation relates, if the property contains no building. (c) Such notice is not necessary when the waste material is deternuned by the public health authority or his or her designate to be an immediate health hazard in which case the public health authority or his or her designate may act to immediately abate the situation. (Ordinance adopting Code) 6-11 vehicle, or other conveyance on or entering a highway in compliance with legal requirements, and it shall be the duty of all persons to use due care. (b) If any person shall operate or drive any motor vehicle or other vehicle within the corporate limits of the City of Sanger on any street or highway at a greater speed than thirty (30) miles per hour, or in any alley or park at a greater speed than fifteen (15) miles per hour, it shall be prima facie evidence of violation of this article, unless signs are erected designating another speed limit. (Chapter 9, Section 6A, Code of 1982) § 10.502 Procedure for Establishing Special Speed Limits Whenever the City shall determine upon the basis of an engineering and/or traffic investigation that the thirty (30) miles per hour speed limit hereinbefore set forth is greater or less than is reasonable or safe under the conditions found to exist at any intersection or other place, or upon any Dart of the street or highway_ the City shall_ upon anthnrizatinn by the City Council by appropriate ordinance, establish such speed limit as shall be effective at all times when appropriate signs giving notice thereof are erected at such intersection or other place or part of the highway or street. (Chapter 9, Section 6B, Code of 1982) § 10.503 Slow Speed No person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic, except when reduced speed is necessary for safe operation, or in compliance with law, or at the direction of a police officer. Police officers are hereby authorized to enforce this provision by directions to drivers and, in the event of apparent willfull disobedience to this provision and refusal to comply with the direction of an officer in accordance herewith, the continued slow operation of a motor vehicle by a driver shall be a misdemeanor. (Chapter 9, Section 6C, Code of 1982) § 10.504 Animals Where no special hazard exists that requires a lower speed for compliance with Section 10.501(a) of this article, the speed of riding or driving any animal and the speed of animal drawn vehicles shall be governed by this section. No person shall ride or drive any animal or operate any animal drawn vehicle on any highway, road, street, alley, or other public place within the City limits of Sanger, Texas, at a speed in excess of eight (8) miles per hour. (Chapter 9, Section 6D, Code of 1982) § 10.505 Special Speed Zones Pursuant to Section 10.502 above, the following highways, streets, or portions thereof shall be designated as special speed zones and it shall be unlawful for any person to drive any vehicle thereon at a speed greater than indicated (a) Farm to Market Road No 455. From and after the date and passage of this speed zone article, no motor vehicle shall be operated along and upon F.M. Highway No. 455 within the corporate limits of the City of Sanger in excess of the speeds now set forth in the following lirmits, (1) Beginning at said point (Station 77+80) being the west City limits of Sanger, Texas, thence continuing along F.M. 455 in an easterly direction for a distance of 0.255 mile, approximately, a maximum speed of 55 miles per hour, § 10.602 Chief of Police to Maintain Parking Lines or Markings The Chief of Police of the City of Sanger and the employees of said City of Sanger, under the supervision of the Chief of Police, shall place, maintain, and keep painted lines or marks on the surface of said street, for parallel parking only, which parking spaces shall not exceed twenty feet (20') in length. (Ordinance 1958-1 adopted 4-7-58; Chapter 9, Section 7B, Code of 1982) § 10.603 Parking Prohibited in Certain Places (a) It shall be unlawful for the driver of a vehicle to stop, stand, pazk such vehicle except in compliance with the directions of a police officer or traffic sign or signals within twenty- five feet (25') of the intersection of the north boundary line of Bolivar Street and the east boundary line of U.S. Highway 77 and within twenty-five feet (25') from the intersection of the south boundary line of Elm Street and the east boundary line of U.S. Highway 77. (b) It shall be unlawful to park any vehicle on the east side of U.S. Highway 77 between Bolivar Street and Elm Street except in a diagonal or head-on pazking position and within the designated parking lines. (Ordinance 1956-2 adopted 5-7-56; Chapter 9, Section 7C, Code of 1982) (3) Vehicular parking of any type is hereinafter prohibited on the east and west access roads of Interstate 35 within the corporate limits of the City of. Sanger as presently established and as said corporation lines may be changed or amended. It shall be unlawful, and a misdemeanor, for any person to violate any paragraph or provision of this section, and any person violating any paragraph or provision of this section shall be fined in accordance with the general penalty provision found in Chapter 1 of this Code. (Ordinance 86-3 adopted 1-6-86; Chapter 9, Section 7C, Code of 1982) § 10.604 Parking Time Limits The north side of the public square in the City of Sanger, Denton County, Texas on the south side of Elm Street between Fourth and Fifth Streets, is hereby designated as a time parking area, and the time parking regulations hereinafter set forth shall govern the parking of all motor vehicles in said area. (Chapter 9, Section 7D, Code of 1982) § 10.605 Parallel Parking (a) North Side of Public Square. All pazking on the north side of the public square in the City of Sanger shall be parallel parking. (b) East Side of Public Square. All pazking of motor vehicles on the east side of the public square in the City of Sanger, between Bolivar and Elm Streets, on the west side of Fourth Street, shall be parallel parking. (Chapter 9, Section 7E, Code of 1982) § 10.606 Owner Responsible for Violation If any vehicle is found upon any of the above mentioned streets in violation of any of the provisions of this article regulating the stopping or parking of vehicles within the above mentioned areas, and the identity of the driver cannot be determined, the owner or person in whose name such vehicle is registered shall be held prima facie responsible for such violation. (Chapter 9, Section 7F, Code of 1982) 10-14 § 10.802 Designation of Truck Routes The following streets and highways within the City limits of the City of Sanger, Texas, are hereby designated as truck routes: (a) Interstate Highway No. 35, including service roads, between the north and south imits of the City of Sanger. City l (b) Loop 138, constituting the business by-pass route for Interstate Highway No.135, including old United States Highway No. 77, being 5th Street in the City of Sanger. (c) Farm to Market Road No. 455 from the west City limits of Sanger, to the east Citv limits of cam Citr, _ (d) Streets within the central business district of Sanger, and within the fire limits of the City, as provided by ordinance, including Elm, Bolivar, and Cherry Streets between 1st Street and 6th Street, and 1st, 2nd, 3rd, 4th, 5th, and 6th Streets between Elm and Cherry Streets, said district being bounded by Elm Street on the north, Cherry Street on the south, 1st Street on the east (except the closed portion of 1st Street), and 6th Street on the west. (e) Second Street between its intersection with Wayne Drive on the south, and Farm to Market Road No. 455 on the north. (f) Old Pilot Point Highway with its intersection from Loo No. 455 East. p 138 to Farm to Market Road (g) Bolivar Street from lst Street to Railroad Avenue. (h) Railroad Avenue from Bolivar Street to Willow. (i) Willow Street from Second Street to the east City limits. (j) Wayne Drive from its intersection with Second Street to its intersection with Loop 138. (Ordinance 78-2(1) adopted 649-78, Chapter 9, Section 8B, Code of 1982) (k) . Sixth Street from its intersection with F.M. Road No. 455 South to Plum Street. 1 () Houston Street from its intersection with Fifth Street, also known as Loop 138, west to Katherine Drive, thence north along Katherine Drive to Austin Street, thence west along Austin Street to the east service or frontage road of Interstate Highway No. 35. (Ordinance 79-5 adopted 7-2-79, Chapter 9, Section 8B, Code of 1982) § 10.803 Certain Trucks Prohibited on City Streets Not Designated as Truck Routes The use, storage, parking, or transportation of trucks, truck -tractors, truck -trailer, truck semi -trailer, truck -tractor -trailer, and truck -tractor semi -trailer combination vehicles, except light trucks, as hereinabove defined, shall be and is hereby prohibited on all streets within the City limits of the City of Sanger, Texas, not included in the designated truck routes as set forth in Section 10.802 above, with the exceptions set forth below. (a) When it is necessary to make deliveries of merchandise or property to any business or residence within the City of Sanger, Texas, the use of the most direct route to the business 10-17 § 11.101 Definitions ULULEmer. The actual user of water from a City water connection. Property owner. The record title holder of premises served with water from a connection by the City. r r A charge made against the consumer or property owner to pay for installation of water and sanitary sewer mains as provided in this article. Standard size water main. A water main six inches (6") or greater in diameter. Substandard size water main. A water main less than six inches (6") in diameter.. (Ordinance 80-11 adopted 10-6-80; Chapter 10, Section 1A, Code of 1982) § 11.102 Main Extensions for Individual Property Owners (a) Single Family Residential (1) Upon request of the owner or his/her agent, also referred to in this article as the applicant of a given lot or tract of land, the City shall extend, lay, or construct all necessary water mains and sanitary sewers and their appurtenances, from the nearest standard size existing water main or sanitary sewer as determined by the Utility Department. The extension shall be constructed by the City at the owner's expense and shall be extended across the complete frontage of said area, lot, or tract of land seeking the connection when said main extension is located in a street right -of --way, alley, or existing easement. (2) If an additional easement is necessary to extend the water main or sanitary sewer across the said lot, area, or tract of land, the owner of the property seeking a connection shall provide the City with an easement, as required by the Utility Department. (b) Business. Industrial. Commercial. Apartment and Proper v Owner Other than Single Family Residential (1) When the owner of an azea, lot, or tract of land zoned other than single-family residential, seeks a water or sewer connection and no standard size water mains or sanitary sewers are adjacent to, upon, or span the complete frontage or distance required across the front of said area, lot, or tract of land, the owner shall extend the said water main or sanitary sewer from the nearest standard size existing main, as determined by the Utility Department. The extension shall be constructed either by the City at the owner's expense or by the owner and shall be extended across the complete frontage of said area, lot, or tract of land when said main extension is located in a street right -of --way, alley, or an existing easement. 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