Village of Point Venture Village Council Meeting May 9 ... › wp-content › uploads › 2018 ›...

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Village of Point Venture Village Council Meeting May 9, 2018 @ 6:30 PM

555 Venture Blvd. S. Point Venture, Texas

“Partnership with the community. Foster community pride. Preserve and enhance the natural beauty of our environment”

AGENDA

In Point Venture, Travis County, Texas, commencing on May 9, 2018 @ 6:30 p.m. To consider and act upon any lawful subject, which may come before it, including among others, the following:

A. Items Opening Meeting

1. Call to order Mayor Jeffrey Warneke called the meeting to order at 6:30 p.m.

2. Invocation & Pledge – Mayor Warneke provided invocation and led the pledge.

3. Roll Call Roll was called by Vickie Knight. Present were Mayor Jeffrey Warneke, Councilmember Donald Conyer, Councilmember Kris Arrieta, and Councilmember Roy Ables. Not present Mayor Pro Tem Stacey Worsham and Councilmember Matthew Meyer. Mayor Pro Tem Worsham and Councilmember Meyer arrived at 6:34 and 6:35, respectively.

4. Approval of Minutes April 11, 2018 2018 meeting minutes and April 15, 2018 special meeting minutes Councilmember Ables made the motion to approve the April 11, 2018 meeting minutes. Councilmember Conyer seconded the motion. All approved. Motion carried. Councilmember Arrieta made the motion to approve the April 15, 2018 special meeting minutes. Councilmember Conyer seconded the motion. Councilmember Ables abstained, all other councilmembers approved. Motion carried. (Mayor Pro Tem Worsham was present for the vote of the minutes).

B. Citizen Communications: At this time, any person with business before the Council not scheduled on the agenda may speak to the

Council. In accordance with the Open Meetings Act, Council is prohibited from acting on or discussing (other than factual responses to specific questions) any items brought before them that are not on the agenda. There is a three (3) minute time limit on any communication.

These citizens addressed the council as follows:

Roman Esparza remarked on the need for a parking ordinance, need for impact fees, building fees, WCID water connection fees, and hiring a city manager. Cindy Clemons spoke of her concern of poor water drainage at Demarett Drive and Venture Drive. Stan Retrum asked the Council to consider the village dump yard and the need to keep the service open, concern around charging fees, and trimming trees along ROW. Chris Guest agreed with Mr. Retrum about the dump yard. Dan Deveze also weighed in his concern for the Village dump yard. He was in favor of a small fee for residents to cover cost. He also mentioned the website content is out-of-date in areas of EMC/Volunteer Firefighter.

Mayor – Jeffrey W. Warneke Councilmember – Kris Arrieta Mayor Pro Tem – Stacey Worsham Councilmember – Don Conyer Councilmember – Roy Ables Councilmember – Matthew Meyer

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C. Administrative Reports

1. Mayor’s Report – Mayor Warneke

a. Village Website Updates – Mayor Warneke provided an update to the Village website, requested continued input on website updates, and his plan to have Will Chang (intern) out at 2Q Town Hall.

b. Citizen Recognition of Council – Mayor Warneke shared recognition to Council presented to the Mayor by a concerned citizen that recognized the work of councilmembers. The Mayor also mentioned changes inspired by citizen input. He has moved the Mission Statement to the front page of both the agenda and minutes, and distilled mission statement into three quick sentences.

c. Advisory Committee – The Mayor encouraged citizens to continue to volunteer and participate in Village advisory committees. He also provided a summary of what is and the responsibilities of an advisory committee.

d. Liaison Budget Input – Mayor Warneke asked for the councilmembers’ budget requests for their respective liaison positions.

e. Firewise – 5 Year Recognition – Mayor Warneke recognized the 5-year achievement of Firewise for the community, provided a high level overview of the Firewise program, and mentioned USAA provides discounts for homeowners in a Firewise community per the Firewise website. There will be a councilmember champion and advisory committee established to insure we maintain Firewise status.

f. 2nd Quarter Town Hall Meeting Wednesday 5/23/18 6:30 p.m. – Gnarly Gar – The Mayor announced the upcoming 2Q Town hall meeting.

g. Training – G-200 Texas Public Officials Workshop - Mayor Warneke also announced upcoming training Thursday, June 28, 2018 and Friday, October 19, 2018 for the G-200 Public Officials Workshop.

2. Travis County Sheriff’s Office (TCSO) Report – Councilmember Conyer a. Calls for Service b. Response Times c. Comments/Concerns d. YTD Budget Update (Sheriff)

Councilmember Conyer provided a review of complaints during the past month. Sheriff budget is running on track for the year.

Mayor Warneke called out the addition of YTD budget update to be provided for all liaison positions going forward.

3. Emergency Management / Services Update – Councilmember Arrieta a. Emergency Services District #1 and #7 b. YTD Budget Update (Fire Station)

Councilmember Arietta mentioned the possibility of making ESD and EMC reports one in the same. She also provided an update on new fire station’s status. ESD next ISO review is in October. ESD/EMC budget are on track.

4. Emergency Management / Services Update – Councilmember Arrieta / PV EMC Coordinator Naomi Giroux

a. YTD Budget Update (EMC) 5. Code Enforcement Report – Councilmember Ables

a. Ordinance Violations (if any) b. Overall Monthly Report Summary c. Status of Lot Maintenance Project d. YTD Budget Update (Code Enforcement)

Councilmember Ables reported about a complaint of a junked boat. It is under review with a Code Enforcement Officer and Village Attorney. No update on the budget.

6. Building Administration Monthly Update – Councilmember Ables

a. Update on New Construction and Additions/Remodeling Projects b. YTD Budget Update (Building Admin)

Councilmember Ables provided the report on recent building updates. Mayor Warneke reminded everyone that if they see a building violation to say something, let the building administration official know, or file an official complaint form.

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7. Animal Control Monthly Update – Councilmember Meyer

a. Summary of Incidents b. YTD Budget Update (Animal Control)

Councilmember Meyer provided ACO update. Announced that Robert Franklin has completed ACO certification. ACO budget is on track.

8. Treasurer Report – Councilmember Meyer a. Monies in the bank

i. Security State Money Market ii. Security State Operating iii. TexPool - Money Market iv. TexPool - Road Fund v. TexPool - Time Warner vi. Total in all accounts

Councilmember Meyer provided report with updated monies in the bank. He also had a brief discussion around budget advisory committee progress and possible update for June.

9. Public Works Report – Councilmember Worsham a. Review of planned road projects for 2018 b. YTD Budget Update (Public Works)

Mayor Pro Tem Worsham provided an update which included need to re-paint stop bars at stop signs where new roads have gone in, and the status of rescoping the reclamite project. Mayor Warneke provided an update on minor changes to road project ILA that are in progress to be signed.

10. Village Services Report – Councilmember Conyer a. Dumpster Yard b. YTD Budget Update (Dump Yard)

This discussion was postponed and moved to agenda item on dump yard.

D. Old Items

1. Outbuilding Ordinance – Councilmember Meyer a. Introduction of possible amendment to ordinance 2007-05-01

i. Discuss possible removal of restriction of outbuildings for new construction and homes built after 2007-05-01

ii. Discuss standards used for permitting Councilmember Meyer & Mayor Warneke will draft an update to Ordinance No. 2007-05-01. The following items

will be part of the draft. - Intent is for sheds/storage units, garages and other items that fall out of definition in this ordinance to be under

major remodel in building ordinance. - The May 2007 date restriction will be removed. - Appeals to Village will be removed (ACC and Building Official will be final decision). - Existing approved buildings under current ordinance are grandfathered. - A size limit will be set to something smaller than the current 200 square feet. - After ordinance has passed, a grace period will be provided for unapproved outbuildings after which enforcement

of unapproved outbuildings will begin.

2. Review Ordinance Pertaining to Parking – Mayor Warneke a. Ordinance 2007-06-01, Sections 6 and 7

Councilmember Arietta agreed to champion the parking ordinance providing there is citizen volunteerism to fill an advisory committee.

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3. Village Dump Yard – Mayor Warneke Council agreed to an interim and long term plan for managing the dump yard services. Mayor Warneke will work

with the WCID and resume service under the interim plan as soon as possible. Funding for operating the dump yard for the remainder of the year still needs to be determined. Initial overrun will come from the brush chipping line item.

4. Franklin Codification – Mayor Warneke Mayor Warneke announced that a bound copy of the codification is due to be sent to the Village by end of week.

E. New Items

1. Building Permit Fees and Impact Fees – Councilmember Arrieta Councilmember Arrieta began the discussion on building fees, impact fees, and WCID participation in overall cost

to construct new homes in Point Venture. She feels the Village needs to consider introducing impact fees to help address wear and tear on roads and other Village infrastructure due to construction. A discussion ensued around setting up an advisory committee to include concerned citizens, local builders, and WCID representatives. Ideally the committee will report back to Council with recommendations at either the June or July meeting.

2. Increase Citizen’s Speak time – Councilmember Ables

Councilmember Ables made a motion to increase citizens speak time to five minutes. Councilmember Conyer seconded the motion. Voting for the increase were Councilmembers Ables and Conyer. Voting against the increase were Councilmembers Arietta and Meyer, and Mayor Pro Tem Worsham. Motion failed.

3. Donation of Village van to WCID – Mayor Warneke

Councilmember Meyer made a motion to not donate a Village van to WCID. Mayor Pro Tem Worsham seconded the motion. Four councilmembers approved. Councilmember Conyer abstained. Motion carried to not donate a Village van to WCID.

F. Closing comments a. Councilmembers

Appreciation expressed across all councilmembers for citizen input, councilmembers working together, and Mayor’s leadership.

b. Mayor

The Mayor expressed his thanks to citizens that are staying through the long meetings. He also encouraged citizens to participate in advisory committees and expressed his appreciation to council. He made mention of audio feeds and/or Saturday meetings to include more citizens.

G. Adjournment This facility is wheelchair accessible and accessible parking spaces are available. Reasonable modifications and equal access to communications will be provided upon request. The Village Council for the Village of Point Venture reserves the right to adjourn into executive session at any time during the course of this meeting to discuss any of the matters listed above, as authorized by Texas Government Code Sections 551.071 (Consultation with Attorney), 551.072 (Deliberations about Real Property), 551.073 (Deliberations about Gifts and Donations), 551.074 (Personnel Matters), 551.076 (Deliberations about Security Devices) and 551.086 (Economic Development).

___________________________________________ Jeffrey W. Warneke, Mayor, Village of Point Venture ATTEST: ________________________________________ Jean Cecala, Secretary, Village of Point Venture

Neighborhood Parade begins at 10:30am

Starting line at the POA parking lot.

Enjoy the parade along Venture Blvd.

Everyone’s invited to participate—

decorate your golf cart, cool car, truck or

motorcycle and line up at 10am.

Picnic at the POA Clubroom following the parade.

Hot dogs, chips and bottled water provided.

Bring your own favorite beverages/snacks.

Bounce house, wet slide, balloon artist, face

painting & Fishing hole for the young ones.

Please join me in thanking the

Point Venture Lions Club

for Hosting this Special Event for

the PV Neighbors.

T-Shirts will be on SALE soon at the POA office!

Point Venture 4th of July Party

Wednesday, July 4th

10:30am - 1pm

Village Priorities FY ’18 and Beyond

FY ‘18

• Budget

• Franklin Codification

• Outbuilding Ordinance

• Long Term Operations for Dump Yard

• Parking Ordinance

• Drainage Items

FY ’19 +

• Policy Review and Creation

o Technology

o Vehicle Usage

o Training

• Village Long Term Planning

• VOPV Ambassadors (PEC, Time Warner, AT&T, ESD, Chamber of Commerce,

etc.)

• Short Term Rental

May 2018 Point Venture Law Enforcement Activity Reports

REVIEW The following reports reflect security activities performed in the Village of Point Venture by Travis County Sheriff’s Office off-duty personnel. In their duties, they perform routine patrols of the village to include checking village infrastructure and buildings, answering calls for service, and monitoring suspicious activities within the village to include the accesses to the village through Dink Pearson Park and Lake Travis. SCHEDULING Due to the unique demographics of Point Venture and its transient population attracted by easy access to Lake Travis, the proximity of the boat marina, and convenience of The Gnarly Gar and popular resort properties, it is difficult to assume exactly when crime is going to occur. Therefore, the dates and times selected for patrol are based on (1) historical criminal offense data obtained from TCSO Research & Planning referring to calls for service, (2) the availability of on-duty patrol deputies, (3) the security/courtesy activities conducted by the Property Owners Association-POA, (4) the deputies employed for security by the POA, (5) the deputies employed by The Gnarly Gar, (6) the deputy’s assumptions of likely criminal activity, and (7) citizen requests.

SHIFTS Day Date Deputy Time Hrs. Initiative

1. Saturday May 12 Pasak 7p-1a 6 Security Patrol 2. Saturday May 19 Lawson 12-8p 8 Security Patrol – Met w/ Mayor 3. Sunday May 20 Pasak 6:30-8:30p 2 Traffic Initiative 4. Tuesday May 22 Pasak 7:30-9:30a 2 Construction Traffic Initiative 5. Weds May 23 Pasak 7-9a 2 Construction Traffic Initiative 6. Friday May 25 Lawson 7-12a 5 Security Patrol – LTS 7. Saturday May 26 Lawson 1-2p & 8-12a 5 Security Patrol – Missing Person 8. Sunday May 27 Pasak 7-9p 2 Security Patrol 9. Monday May 28 Pasak 7-9a 2 Construction Traffic Initiative 10. Weds. May 30 Lawson 5-9p 4 Security Patrol - Quiet 11. Weds. May 30 Pasak 4:30-7:30p 3 Traffic Initiative 12. Thursday May 31 Pasak 6-11a 5 Construction Traffic Initiative 13. Thursday May 31 Lawson 12-4p 4 Traffic Initiative STATISTICAL DATA The following numbers represent a portion of measurable data of the assigned patrol activities:

INCIDENT OVERVIEW for Council Meeting May 12 – (1) Unmanned boat secured by Lake Patrol, and (2) Gnarly Garr Public Intoxication arrest. May 19 – Warning issued for people riding in trailered boat. May 23 – Check Welfare on S. Venture Blvd. person was transported. May 25 – Leaving the Scene Collision on N. Venture Blvd. Damage to vehicle and village property. Vehicle was located and report filed. May 26 – Missing swimmer at Dink Pearson Park, located by helicopter and checked okay. May 27 – (1) Open container in golf cart, and (2) Citation for riding in trailered boat. Please refer to the following reports for additional actions or remarkable events:

CITATIONS: 3 CITIZEN CONTACTS: 14 JUVENILES INVOLVED: 3 ARRESTS: 1

TOTAL HOURS: 50 OFFENSE REPORTS: 4 MISSING PERSONS LOCATED: 1 ALCOHOL RELATED: 3

Animal Control Report

May, 2018

2018 Dog Registration

• 342 Dogs registered and $1,499 in registration fees collected.

Domestic Animal Incidents

• 7 Dog at large incidents. • 1 Dogs barking complaint. A written warning was issued.

Wildlife Incidents

• 6 Traps set and 3 raccoons trapped and relocated. • 2 Dead deer picked up and taken to Village freezer to await cremation. • 4 Snake complaints. All the snakes were non venomous and were relocated. • 1 Fawn was it by a car and taken to the Austin Wildlife Rescue. • 1 Paper wasp nest that was in a resident’s backyard was destroyed.

2018 Animal Impound Inspection

• The Village impound was inspected and passed by Dr. Williams. This is required annually by state law in order for the impound to maintain its state certification.

New ACO Officer

• Robert Franklin passed his ACO test and is now a state certified ACO.

Animal Control Hours

• Steve Bozoudes= 1.26 hours • Cristin Cecala= .26 hours • Jean Cecala= 2.20 hours • Robert Franklin= 40.42 hours • Roger Stroms = 68.02 hours

06/06/18

Accrual Basis Village of Point Venture

ACO Budget to Actual May YTD May 2018

May 18 Oct '17 - May 18

Ordinary Income/Expense

Income

Permits Fines and Fees

Fines

4105 · Pet Impounding Fee 0.00 35.00

4025 · Fines 0.00 50.00

4016 · Court Fines 0.00 132.00

Total Fines 0.00 217.00

Permits

4110 · Pet Registration 80.00 1,577.00

Total Permits 80.00 1,577.00

Total Permits Fines and Fees 80.00 1,794.00

Total Income 80.00 1,794.00

Gross Profit 80.00 1,794.00

Expense

Maintenance and Repair

6610 · Vehicle Maintenance 0.00 0.00

6180 · Equipment & Supplies 0.00 925.37

Total Maintenance and Repair 0.00 925.37

Professional Expenses

Attorney Fees

6600 · Attorney Fee Expense 0.00 42.00

6603 · Animal Control 0.00 0.00

Attorney Fees - Other 0.00 0.00

Total Attorney Fees 0.00 42.00

Total Professional Expenses 0.00 42.00

Education and Training

6465 · Training/Schools 400.00 475.00

Total Education and Training 400.00 475.00

Animal Control Costs

6397 · Rabies Testing Fees 0.00 238.00

6390 · Cat Program 0.00 0.00

6380 · Boarding 0.00 21.39

6385 · Food Supplies 0.00 0.00

6395 · Veterinarian Fees 0.00 0.00

6396 · Animal Extraction 0.00 560.00

Total Animal Control Costs 0.00 819.39

Office Expense

General Office Expense

6575 · Miscellaneous 0.00 0.00

6330 · Office Supplies 0.00 9.95

6335 · Postage 0.00 245.00

Total General Office Expense 0.00 254.95

Page 1 of 4

06/06/18



May 18 Oct '17 - May 18

Other General Expense

6577 · Uniforms 0.00 0.00

6050 · Books and Publications 0.00 0.00

Total Other General Expense 0.00 0.00

Total Office Expense 0.00 254.95

Dues Fees and Subscriptions

6160 · Court Fees 0.00 49.40

6065 · Certification/Membership 0.00 40.00

Total Dues Fees and Subscriptions 0.00 89.40

Contract Services

6095 · Contract Labor 0.00 0.00

Interlocal Agreement

6300 · Interlocal Agreements 641.66 5,133.28

6096 · Animal Control Contract Svcs 0.00 0.00

Total Interlocal Agreement 641.66 5,133.28

Total Contract Services 641.66 5,133.28

Bank related charges and fees

6035 · Return Check 0.00 0.00

6040 · Service Charges 0.00 4.20

Total Bank related charges and fees 0.00 4.20

Travel

6635 · Lodging 192.10 192.10

6640 · Mileage and Travel 0.00 1.42

6650 · Meals 0.00 76.00

Total Travel 192.10 269.52

Utilities

6070 · Communications

6080 · Telephone Service 56.43 440.24

Total 6070 · Communications 56.43 440.24

Total Utilities 56.43 440.24

Total Expense 1,290.19 8,453.35

Net Ordinary Income -1,210.19 -6,659.35

Net Income -1,210.19 -6,659.35

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06/06/18




Income


Fines

4105 · Pet Impounding Fee

4025 · Fines

4016 · Court Fines

Total Fines

Permits

4110 · Pet Registration

Total Permits

Total Permits Fines and Fees

Total Income

Gross Profit

Expense


6610 · Vehicle Maintenance

6180 · Equipment & Supplies

Total Maintenance and Repair


Attorney Fees

6600 · Attorney Fee Expense

6603 · Animal Control

Attorney Fees - Other

Total Attorney Fees

Total Professional Expenses


6465 · Training/Schools

Total Education and Training


6397 · Rabies Testing Fees

6390 · Cat Program

6380 · Boarding

6385 · Food Supplies

6395 · Veterinarian Fees

6396 · Animal Extraction

Total Animal Control Costs

Office Expense


6575 · Miscellaneous

6330 · Office Supplies

6335 · Postage

Total General Office Expense

FY2018 Annual

ACO Budget

200.00

400.00

0.00

600.00

1,400.00

1,400.00

2,000.00

2,000.00

2,000.00

0.00

3,070.00

3,070.00

0.00

0.00

0.00

0.00

1,000.00

1,000.00

2,000.00

500.00

500.00

0.00

0.00

3,300.00

6,300.00

0.00

0.00

0.00

Page 3 of 4

06/06/18



Ordinary Income/ExpenseOther General Expense

6577 · Uniforms

6050 · Books and Publications

Total Other General Expense

Total Office Expense


6160 · Court Fees

6065 · Certification/Membership

Total Dues Fees and Subscriptions

Contract Services

6095 · Contract Labor


6300 · Interlocal Agreements

6096 · Animal Control Contract Svcs

Total Interlocal Agreement

Total Contract Services


6035 · Return Check

6040 · Service Charges

Total Bank related charges and fees

Travel

6635 · Lodging

6640 · Mileage and Travel

6650 · Meals

Total Travel

Utilities


6080 · Telephone Service

Total 6070 · Communications

Total Utilities

Total Expense

Net Ordinary Income

Net Income

FY2018 Annual

ACO Budget

500.00

0.00

500.00

500.00

0.00

200.00

200.00

0.00

9,950.00

0.00

9,950.00

9,950.00

0.00

0.00

600.00

50.00

300.00

950.00

684.00

684.00

684.00

22,654.00

-20,654.00

-20,654.00

Page 4 of 4

06/06/18


Building Adm Budget to Actual May YTD May 2018

May 18 Oct '17 - May 18

BA FY2018

Annual Budget


Income


Fines

4025 · Fines 0.00 0.00 0.00

4016 · Court Fines 0.00 0.00 0.00

Total Fines 0.00 0.00 0.00

Inspection Fees

4159 · BC Inspection Fee 2,318.00 21,165.00 20,000.00

4152 · BC Admin Fee 3,000.00 30,300.00 25,700.00

Total Inspection Fees 5,318.00 51,465.00 45,700.00

Permits

4095 · Building 720.00 6,907.00 3,000.00

4096 · FEMA 0.00 375.00 500.00

4100 · Remodel 0.00 0.00 480.00

Total Permits 720.00 7,282.00 3,980.00

Total Permits Fines and Fees 6,038.00 58,747.00 49,680.00

Miscellanous

4075 · Copy Fees 0.00 0.00 0.00

Total Miscellanous 0.00 0.00 0.00

Total Income 6,038.00 58,747.00 49,680.00

Gross Profit 6,038.00 58,747.00 49,680.00

Expense


Attorney Fees

6600 · Attorney Fee Expense 0.00 266.00 2,000.00

6601 · Building 0.00 0.00 0.00

Total Attorney Fees 0.00 266.00 2,000.00

Total Professional Expenses 0.00 266.00 2,000.00


6465 · Training/Schools 0.00 1,145.00 435.00

Total Education and Training 0.00 1,145.00 435.00

Office Expense


6055 · Building Department 0.00 0.00 0.00

6335 · Postage 26.25 210.66 0.00

Total General Office Expense 26.25 210.66 0.00

Printing and Publication Expens

6340 · Publications (Legal Notices) 0.00 204.76

Total Printing and Publication Expens 0.00 204.76


6050 · Books and Publications 0.00 24.00 486.00

Total Other General Expense 0.00 24.00 486.00

Page 1 of 2

06/06/18


Building Adm Budget to Actual May YTD May 2018

May 18 Oct '17 - May 18

BA FY2018

Annual Budget

Total Office Expense 26.25 439.42 486.00


6165 · Dues/Memberships/Publications 0.00 45.00

6015 · Appraisal District Service Fees 0.00 -17.76 0.00

6065 · Certification/Membership 0.00 0.00 430.00

Total Dues Fees and Subscriptions 0.00 27.24 430.00

Contract Services

6095 · Contract Labor 0.00 0.00 0.00

Other Contract Services

6102 · Field 1,800.00 14,400.00 21,600.00

6056 · Inspection Fee 1,550.00 14,234.00 7,500.00

Total Other Contract Services 3,350.00 28,634.00 29,100.00


6300 · Interlocal Agreements 1,332.24 10,657.92 16,000.00

6131 · Administration Charge 0.00 0.00 0.00

6101 · Administration 0.00 0.00 0.00

Total Interlocal Agreement 1,332.24 10,657.92 16,000.00

Total Contract Services 4,682.24 39,291.92 45,100.00


6040 · Service Charges 0.00 0.00 0.00

Total Bank related charges and fees 0.00 0.00 0.00

Travel

6635 · Lodging 320.42 320.42 473.00

6640 · Mileage and Travel 0.00 450.19 177.00

6650 · Meals 0.00 228.00 265.00

Total Travel 320.42 998.61 915.00

Total Expense 5,028.91 42,168.19 49,366.00

Net Ordinary Income 1,009.09 16,578.81 314.00

Net Income 1,009.09 16,578.81 314.00

Page 2 of 2

06/06/18


CEO Budget to Actual May YTD May 2018

May 18 Oct '17 - May 18 Annual Budget


Expense


6610 · Vehicle Maintenance 0.00 0.00 0.00

6180 · Equipment & Supplies 0.00 0.00 0.00

Total Maintenance and Repair 0.00 0.00 0.00


Attorney Fees

6600 · Attorney Fee Expense 168.00 980.47 5,000.00

6602 · CEO 0.00 0.00 0.00

Total Attorney Fees 168.00 980.47 5,000.00

Total Professional Expenses 168.00 980.47 5,000.00


6465 · Training/Schools 0.00 0.00 615.00

Total Education and Training 0.00 0.00 615.00

Office Expense


6577 · Uniforms 0.00 0.00 200.00




6160 · Court Fees 0.00 0.00 2,000.00

6065 · Certification/Membership 0.00 0.00 200.00

Total Dues Fees and Subscriptions 0.00 0.00 2,200.00

Contract Services


6300 · Interlocal Agreements 719.08 5,752.64 10,885.00

6133 · Officer 0.00 0.00 0.00


6101 · Administration 0.00 0.00 0.00

Total Interlocal Agreement 719.08 5,752.64 10,885.00

Total Contract Services 719.08 5,752.64 10,885.00

Travel

6635 · Lodging 0.00 0.00 436.00

6650 · Meals 0.00 0.00 152.00

Total Travel 0.00 0.00 588.00

Total Expense 887.08 6,733.11 19,488.00

Net Ordinary Income -887.08 -6,733.11 -19,488.00

Net Income -887.08 -6,733.11 -19,488.00

Page 1 of 1

06/06/18


EMC Budget to Actual May YTD May 2018



Expense



6180 · Equipment & Supplies 124.00 646.87 2,650.00

Total Maintenance and Repair 142.50 665.37 2,650.00


6465 · Training/Schools 0.00 349.06 1,425.00

Total Education and Training 0.00 349.06 1,425.00

Office Expense


6651 · Emergency Fund 0.00 0.00 500.00

6575 · Miscellaneous 0.00 -80.27

6330 · Office Supplies 0.00 0.00 0.00

Total General Office Expense 0.00 -80.27 500.00

Total Office Expense 0.00 -80.27 500.00

Contract Services


6440 · Mowing 0.00 0.00 0.00

Total Interlocal Agreement 0.00 0.00 0.00

Total Contract Services 0.00 0.00 0.00

Travel

6635 · Lodging 0.00 -42.56 1,000.00


6650 · Meals 0.00 0.00 500.00

Total Travel 42.92 278.84 2,000.00

Utilities


6080 · Telephone Service 0.00 0.00 0.00

6081 · TV/Internet Service 0.00 0.00 0.00

Total 6070 · Communications 0.00 0.00 0.00

Total Utilities 0.00 0.00 0.00

Total Expense 185.42 1,213.00 6,575.00


Net Income -185.42 -1,213.00 -6,575.00

Page 1 of 1

06/06/18


Fire House Budget to Actual May YTD May 2018



Expense


6605 · Repairs/Maintenances 0.00 0.00 379.00


Insurance Expense

6520 · Insurance 0.00 0.00 0.00

Total Insurance Expense 0.00 0.00 0.00

Office Expense


6285 · Fire House Supplies 0.00 0.00 379.00



Utilities

6082 · Electric Expense 48.46 345.85 800.00


6080 · Telephone Service 0.00 154.89 240.00


Total 6070 · Communications 0.00 320.17 510.00

Total Utilities 48.46 666.02 1,310.00

Total Expense 48.46 666.02 2,068.00

Net Ordinary Income -48.46 -666.02 -2,068.00

Net Income -48.46 -666.02 -2,068.00

Page 1 of 1

06/06/18


Gen Adm Budget to Actual May YTD May 2018

May 18 Oct '17 - May 18


Income

Franchise Fees

4015 · Communication Franchise 0.00 0.00

4000 · Cable Franchise 0.00 0.00

Total Franchise Fees 0.00 0.00

Miscellanous

4080 · Records Request 0.00 585.00

Total Miscellanous 0.00 585.00

Total Income 0.00 585.00

Gross Profit 0.00 585.00

Expense



6325 · Office Equipment Repair 0.00 0.00

6180 · Equipment & Supplies 0.00 0.00

6605 · Repairs/Maintenances 0.00 25.00

Total Maintenance and Repair 0.00 312.03

Trash and Other Muni Expense

6172 · Brush Removal/Grinding 0.00 0.00

Total Trash and Other Muni Expense 0.00 0.00


Attorney Fees


6604 · General Administration 0.00 0.00


6590 · Audit Fee 0.00 0.00

Total Professional Expenses 0.00 909.20


6465 · Training/Schools 85.00 665.00

Total Education and Training 85.00 665.00

Insurance Expense

6520 · Insurance 0.00 7,380.52

Total Insurance Expense 0.00 7,380.52

Office Expense


6575 · Miscellaneous 0.00 0.00

6576 · Discretionary 0.00 366.89

6330 · Office Supplies 0.00 442.85

6335 · Postage 0.00 213.16

Total General Office Expense 0.00 1,022.90


6340 · Publications (Legal Notices) 0.00 676.96


Page 1 of 4

06/06/18



May 18 Oct '17 - May 18


6045 · Bond 0.00 400.00

6098 · National Night Out 0.00 0.00

6050 · Books and Publications 117.50 26.52

6500 · Election Expense 0.00 515.47

Total Other General Expense 117.50 941.99

Total Office Expense 117.50 2,641.85


6160 · Court Fees 0.00 0.00

6165 · Dues/Memberships/Publications 0.00 176.99

6015 · Appraisal District Service Fees 0.00 549.12

6065 · Certification/Membership 563.00 2,357.38

Total Dues Fees and Subscriptions 563.00 3,083.49

Contract Services


6097 · Accounting Services 1,461.95 13,390.42

Total Other Contract Services 1,461.95 13,390.42


6300 · Interlocal Agreements 2,291.66 18,333.28

6145 · Secretrial Staff 0.00 0.00

Total Interlocal Agreement 2,291.66 18,333.28

Total Contract Services 3,753.61 31,723.70


6030 · Check Order 0.00 108.94

6040 · Service Charges 30.00 30.00


Travel

6635 · Lodging 0.00 884.64

6640 · Mileage and Travel 9.58 413.00

6650 · Meals 0.00 228.00

Total Travel 9.58 1,525.64

Utilities


6078 · Mobile Application 0.00 0.00

6080 · Telephone Service 56.52 455.95

6081 · TV/Internet Service 0.00 19.42

Total 6070 · Communications 56.52 475.37

Total Utilities 56.52 475.37

Total Expense 4,615.21 48,855.74

Net Ordinary Income -4,615.21 -48,270.74

Net Income -4,615.21 -48,270.74

Page 2 of 4

06/06/18




Income

Franchise Fees

4015 · Communication Franchise

4000 · Cable Franchise

Total Franchise Fees

Miscellanous

4080 · Records Request

Total Miscellanous

Total Income

Gross Profit

Expense


6610 · Vehicle Maintenance

6325 · Office Equipment Repair

6180 · Equipment & Supplies

6605 · Repairs/Maintenances

Total Maintenance and Repair


6172 · Brush Removal/Grinding

Total Trash and Other Muni Expense


Attorney Fees

6600 · Attorney Fee Expense

6604 · General Administration

Total Attorney Fees

6590 · Audit Fee

Total Professional Expenses



Total Education and Training

Insurance Expense

6520 · Insurance

Total Insurance Expense

Office Expense


6575 · Miscellaneous

6576 · Discretionary

6330 · Office Supplies

6335 · Postage

Total General Office Expense


6340 · Publications (Legal Notices)

Total Printing and Publication Expens

Annual Budget

0.00

0.00

0.00

0.00

0.00

500.00

500.00

1,500.00

2,500.00

0.00

0.00

5,500.00

0.00

5,500.00

9,600.00

15,100.00

3,000.00

3,000.00

7,000.00

7,000.00

-428.00

2,000.00

3,000.00

550.00

5,122.00

2,000.00

2,000.00

Page 3 of 4

06/06/18



Ordinary Income/ExpenseOther General Expense

6045 · Bond

6098 · National Night Out

6050 · Books and Publications

6500 · Election Expense

Total Other General Expense

Total Office Expense


6160 · Court Fees

6165 · Dues/Memberships/Publications

6015 · Appraisal District Service Fees

6065 · Certification/Membership

Total Dues Fees and Subscriptions

Contract Services


6097 · Accounting Services

Total Other Contract Services


6300 · Interlocal Agreements

6145 · Secretrial Staff

Total Interlocal Agreement

Total Contract Services


6030 · Check Order

6040 · Service Charges

Total Bank related charges and fees

Travel

6635 · Lodging

6640 · Mileage and Travel

6650 · Meals

Total Travel

Utilities


6078 · Mobile Application

6080 · Telephone Service

6081 · TV/Internet Service

Total 6070 · Communications

Total Utilities

Total Expense

Net Ordinary Income

Net Income

Annual Budget

0.00

0.00

500.00

1,000.00

1,500.00

8,622.00

0.00

0.00

0.00

2,500.00

2,500.00

37,000.00

37,000.00

23,000.00

0.00

23,000.00

60,000.00

250.00

250.00

1,200.00

1,000.00

600.00

2,800.00

4,000.00

800.00

0.00

4,800.00

4,800.00

106,572.00

-106,572.00

-106,572.00

Page 4 of 4

Oct '17 - May 18 Oct '16 - May 17

Ordinary Income/ExpenseIncome

Permits Fines and FeesFines

4105 · Pet Impounding Fee 35.00 0.004025 · Fines 50.00 2,025.004016 · Court Fines 132.00 330.00

Total Fines 217.00 2,355.00

Inspection Fees4159 · BC Inspection Fee 21,165.00 19,521.004152 · BC Admin Fee 30,300.00 11,355.00

Total Inspection Fees 51,465.00 30,876.00

Permits4110 · Pet Registration 1,577.00 1,710.004095 · Building 6,907.00 5,100.004096 · FEMA 375.00 500.004100 · Remodel 0.00 1,560.00

Total Permits 8,859.00 8,870.00

Total Permits Fines and Fees 60,541.00 42,101.00

Franchise Fees4020 · Electric Franchise 13,023.07 10,564.804015 · Communication Franchise 5,624.61 5,377.824000 · Cable Franchise 14,916.23 9,798.73

Total Franchise Fees 33,563.91 25,741.35

Trash and Recycling Service4150 · Trash Service 113,823.63 117,352.684151 · Recycle Service 13,941.60 12,959.44

Total Trash and Recycling Service 127,765.23 130,312.12

Tax IncomeProperty Taxes

4125 · Current Year Taxes 230,145.05 213,889.574130 · Prior Years Taxes 1,813.63 1,562.27

Total Property Taxes 231,958.68 215,451.84

Other Taxes4085 · Mixed Beverage Tax 4,342.53 1,772.744135 · Sales & Use Tax Revenue 39,358.02 29,306.98

Total Other Taxes 43,700.55 31,079.72

Total Tax Income 275,659.23 246,531.56

Grants4040 · PEG 2,983.26 1,818.54

Total Grants 2,983.26 1,818.54

Interest Earned - Bank4062 · Interest Income - Banks etc 4,926.05 0.004055 · Checking 0.00 70.554060 · Money Market 0.00 31.384061 · TexPool 0.00 2,586.95

Total Interest Earned - Bank 4,926.05 2,688.88

Miscellanous4075 · Copy Fees 0.00 65.004080 · Records Request 585.00 0.00

Village of Point Venture06/06/18 Statement of Financial Activities 2 Year CompAccrual Basis October 2017 through May 2018

Page 1

Oct '17 - May 18 Oct '16 - May 17

Total Miscellanous 585.00 65.00

Total Income 506,023.68 449,258.45

Gross Profit 506,023.68 449,258.45

ExpenseMaintenance and Repair

6416 · Crack Seal 8,915.00 6,350.006417 · Street Sweeping 660.00 0.006610 · Vehicle Maintenance 305.53 153.306455 · Signs 577.69 0.006180 · Equipment & Supplies 1,572.24 646.696605 · Repairs/Maintenances 25.00 273.50

Total Maintenance and Repair 12,055.46 7,423.49

Trash and Other Muni Expense6170 · Dumpster 23,157.62 24,253.606171 · Recycling 11,362.00 11,040.006172 · Brush Removal/Grinding 4,400.00 15,000.006470 · Trash Service Expense 65,770.80 74,991.96

Total Trash and Other Muni Expense 104,690.42 125,285.56

Professional ExpensesAttorney Fees

6600 · Attorney Fee Expense 2,717.67 0.006601 · Building 0.00 168.006602 · CEO 0.00 14.006603 · Animal Control 0.00 28.006604 · General Administration 0.00 3,585.28

Total Attorney Fees 2,717.67 3,795.28

6595 · Engineering 4,982.50 6,825.006590 · Audit Fee 0.00 4,500.00

Total Professional Expenses 7,700.17 15,120.28

Education and Training6465 · Training/Schools 2,634.06 1,387.05

Total Education and Training 2,634.06 1,387.05

Insurance Expense6520 · Insurance 7,380.52 7,230.68

Total Insurance Expense 7,380.52 7,230.68

Animal Control Costs6397 · Rabies Testing Fees 238.00 0.006380 · Boarding 21.39 0.006385 · Food Supplies 0.00 142.666395 · Veterinarian Fees 0.00 219.506396 · Animal Extraction 560.00 490.50

Total Animal Control Costs 819.39 852.66

Office ExpenseGeneral Office Expense

6575 · Miscellaneous -80.27 3,819.086576 · Discretionary 366.89 0.006330 · Office Supplies 452.80 2,230.236335 · Postage 668.82 420.13

Total General Office Expense 1,408.24 6,469.44

Printing and Publication Expens6340 · Publications (Legal Notices) 881.72 708.75


Page 2

Oct '17 - May 18 Oct '16 - May 17


Other General Expense6045 · Bond 400.00 0.006098 · National Night Out 705.34 0.006050 · Books and Publications 50.52 99.006285 · Fire House Supplies 0.00 175.356500 · Election Expense 515.47 665.60

Total Other General Expense 1,671.33 939.95

Total Office Expense 3,961.29 8,118.14

Dues Fees and Subscriptions6160 · Court Fees 49.40 175.006485 · TravisCounty Tax Collection Fee 1,768.02 0.006165 · Dues/Memberships/Publications 221.99 380.006015 · Appraisal District Service Fees 531.36 764.056065 · Certification/Membership 2,397.38 1,454.66

Total Dues Fees and Subscriptions 4,968.15 2,773.71

Contract ServicesSecurity Expenses

6105 · Deputy 17,200.00 6,000.006090 · Contract Deputy Auto 8,000.00 2,980.00

Total Security Expenses 25,200.00 8,980.00

Other Contract Services6102 · Field 14,400.00 14,400.006056 · Inspection Fee 14,234.00 8,931.006097 · Accounting Services 13,390.42 2,790.00

Total Other Contract Services 42,024.42 26,121.00

Interlocal Agreement6300 · Interlocal Agreements 73,023.84 0.006133 · Officer 0.00 2,200.006096 · Animal Control Contract Svcs 0.00 5,133.286151 · Supervision R.O.W. 0.00 6,050.006440 · Mowing 0.00 9,826.726150 · Streets & R.O.W. 0.00 17,270.006145 · Secretrial Staff 0.00 18,333.286131 · Administration Charge 0.00 3,553.546101 · Administration 0.00 10,657.02

Total Interlocal Agreement 73,023.84 73,023.84

Total Contract Services 140,248.26 108,124.84

Bank related charges and fees6030 · Check Order 108.94 0.006040 · Service Charges 34.20 70.00


ACO Programs6365 · ACO Enforcement

6375 · Postage 0.00 -6.47

Total 6365 · ACO Enforcement 0.00 -6.47

Total ACO Programs 0.00 -6.47

Travel6635 · Lodging 1,354.60 1,113.066640 · Mileage and Travel 1,186.01 732.546650 · Meals 532.00 190.00


Page 3

Oct '17 - May 18 Oct '16 - May 17

Total Travel 3,072.61 2,035.60

Utilities6082 · Electric Expense 345.85 399.646070 · Communications

6080 · Telephone Service 1,051.08 889.316081 · TV/Internet Service 184.70 337.71

Total 6070 · Communications 1,235.78 1,227.02

Total Utilities 1,581.63 1,626.66

Total Expense 289,255.10 280,042.20

Net Ordinary Income 216,768.58 169,216.25

Other Income/ExpenseOther Income

Cap Metro4010 · Capital Metro Income 63,567.00 19,500.004012 · Cap Metro Income Offset -63,567.00 -19,500.00

Total Cap Metro 0.00 0.00

Total Other Income 0.00 0.00

Other Expense6405 · Capital Expenditures Fund 0.00 30,000.00

Total Other Expense 0.00 30,000.00

Net Other Income 0.00 -30,000.00

Net Income 216,768.58 139,216.25


Page 4

06/06/18


PW Budget to Actual May YTD May 2018



Income

Trash and Recycling Service

4150 · Trash Service 14,402.53 113,823.63 172,207.92

4151 · Recycle Service 1,774.20 13,941.60 20,988.00

Total Trash and Recycling Service 16,176.73 127,765.23 193,195.92

Total Income 16,176.73 127,765.23 193,195.92

Gross Profit 16,176.73 127,765.23 193,195.92

Expense


6625 · Equipment 0.00 0.00 0.00

6444 · Materials 0.00 0.00 5,000.00

6416 · Crack Seal 0.00 8,915.00 7,500.00

6417 · Street Sweeping 0.00 660.00 2,000.00

6415 · Maintenance 0.00 0.00 5,000.00

6455 · Signs 0.00 577.69

6450 · Sign Repairs 0.00 0.00 600.00


Total Maintenance and Repair 0.00 10,152.69 20,600.00


6170 · Dumpster 1,883.97 23,157.62 20,000.00

6171 · Recycling 1,444.40 11,362.00 19,260.00

6172 · Brush Removal/Grinding 800.00 4,400.00 15,000.00

6470 · Trash Service Expense 8,362.80 65,770.80 114,600.00

Total Trash and Other Muni Expense 12,491.17 104,690.42 168,860.00


Attorney Fees



6595 · Engineering 0.00 4,982.50 2,000.00

Total Professional Expenses 0.00 5,502.50 2,000.00

Office Expense


6575 · Miscellaneous 0.00 0.00 0.00

Total General Office Expense 0.00 0.00 0.00


6340 · Publications (Legal Notices) 0.00 0.00 0.00

Total Printing and Publication Expens 0.00 0.00 0.00


Contract Services



6151 · Supervision R.O.W. 0.00 0.00 0.00

6440 · Mowing 0.00 0.00 0.00

Page 1 of 2

06/06/18


PW Budget to Actual May YTD May 2018


6150 · Streets & R.O.W. 0.00 0.00 0.00



Utilities


Total Utilities 0.00 0.00 0.00

Total Expense 16,634.51 153,492.33 241,730.00


Other Income/Expense

Other Expense

6405 · Capital Expenditures Fund 0.00 0.00 0.00

Total Other Expense 0.00 0.00 0.00

Net Other Income 0.00 0.00 0.00

Net Income -457.78 -25,727.10 -48,534.08

Page 2 of 2

06/06/18


Sheriff Budget to Actual May YTD May 2018



Expense






6466 · Building 0.00 0.00 0.00

6465 · Training/Schools - Other 0.00 0.00 0.00

Total 6465 · Training/Schools 0.00 0.00 0.00

Total Education and Training 0.00 0.00 0.00

Office Expense


6098 · National Night Out 0.00 705.34 1,000.00

Total Other General Expense 0.00 705.34 1,000.00

Total Office Expense 0.00 705.34 1,000.00

Contract Services

6095 · Contract Labor 0.00 0.00 0.00

Security Expenses

6105 · Deputy 2,000.00 17,200.00 25,500.00

6090 · Contract Deputy Auto 1,000.00 8,000.00 12,600.00

Total Security Expenses 3,000.00 25,200.00 38,100.00


Travel

6635 · Lodging 0.00 0.00 0.00


6650 · Meals 0.00 0.00 0.00

Total Travel 0.00 0.00 0.00

Total Expense 3,000.00 25,905.34 39,100.00

Net Ordinary Income -3,000.00 -25,905.34 -39,100.00

Net Income -3,000.00 -25,905.34 -39,100.00

Page 1 of 1

May 31, 18 May 31, 17

ASSETSCurrent Assets

Checking/SavingsBanks

1010 · Security State - Money Market 94,343.43 94,296.261015 · Security State - Operating Fund 439,562.08 122,896.481016 · Cash Clearing - Acct Use Only 0.00 -15,358.611030 · TexPool - Money Market 180,261.22 178,072.531046 · TexPool - Road Fund 335,081.49 430,519.481047 · TexPool TimeWarner 12,716.93 12,562.43

Total Banks 1,061,965.15 822,988.57

Total Checking/Savings 1,061,965.15 822,988.57

Accounts Receivable1100 · Accounts Receivable 18,591.96 9,920.98

Total Accounts Receivable 18,591.96 9,920.98

Other Current Assets1296 · WCID Prepaid Expense 0.00 1.62Accounts Receivable - Misc

1103 · A/R Clearing 0.00 -10,053.061105 · A/R - Taxes 5,110.28 5,110.281110 · A/R - Trash 0.00 12,019.711115 · A/R Mixed 0.00 3,839.21

Total Accounts Receivable - Misc 5,110.28 10,916.14

1499 · Undeposited Funds 0.00 15,669.65

Total Other Current Assets 5,110.28 26,587.41

Total Current Assets 1,085,667.39 859,496.96

TOTAL ASSETS 1,085,667.39 859,496.96

LIABILITIES & EQUITYLiabilities

Current LiabilitiesAccounts Payable

1500 · Accounts Payable 29,472.34 25,658.18

Total Accounts Payable 29,472.34 25,658.18

Other Current Liabilities1510 · A/P Clearing 4,500.00 10,005.002010 · Building Contractors Bond 62,100.00 29,967.50

2011 · Dedicated Road Fund 359,378.84 346,206.312013 · Reserve for future expenditures 52,250.00 0.002230 · Deferred Revenue - Taxes 5,110.28 5,110.282240 · Deferred Revenue - Cap Metro 127,134.00 63,567.00

Total Other Current Liabilities 610,473.12 454,856.09

Total Current Liabilities 639,945.46 480,514.27

Total Liabilities 639,945.46 480,514.27

Equity3000 · Opening Bal Equity 26,368.59 26,368.593200 · Retained Earnings 202,584.76 291,907.983210 · Retained Earnings - Special 0.00 0.103700 · Prior Period Adjustment 0.00 -78,510.23Net Income 216,768.58 139,216.25

Total Equity 445,721.93 378,982.69

Village of Point Venture06/06/18 Statement of Financial PositionAccrual Basis As of May 31, 2018

Page 1

May 31, 18 May 31, 17

TOTAL LIABILITIES & EQUITY 1,085,667.39 859,496.96

Village of Point Venture06/06/18 Statement of Financial PositionAccrual Basis As of May 31, 2018

Page 2

06/06/18


Statement of Financial Activities Budget to Actual May 2018

May 18 Oct '17 - May 18

FY2018 Annual

Budget


Income


Fines

4105 · Pet Impounding Fee 0.00 35.00 200.00

4025 · Fines 0.00 50.00 400.00

4016 · Court Fines 0.00 132.00 0.00

Total Fines 0.00 217.00 600.00

Inspection Fees

4159 · BC Inspection Fee 2,318.00 21,165.00 20,000.00

4152 · BC Admin Fee 3,000.00 30,300.00 25,700.00

Total Inspection Fees 5,318.00 51,465.00 45,700.00

Permits

4110 · Pet Registration 80.00 1,577.00 1,400.00

4095 · Building 720.00 6,907.00 3,000.00

4096 · FEMA 0.00 375.00 500.00

4100 · Remodel 0.00 0.00 480.00

Total Permits 800.00 8,859.00 5,380.00

Total Permits Fines and Fees 6,118.00 60,541.00 51,680.00

Franchise Fees

4140 · Sanitation Franchise 0.00 0.00 400.00

4020 · Electric Franchise 0.00 13,023.07 21,000.00

4015 · Communication Franchise 1,825.70 5,624.61 9,000.00

4000 · Cable Franchise 5,083.75 14,916.23 21,000.00

Total Franchise Fees 6,909.45 33,563.91 51,400.00

Trash and Recycling Service

4150 · Trash Service 14,402.53 113,823.63 172,207.92

4151 · Recycle Service 1,774.20 13,941.60 20,988.00

Total Trash and Recycling Service 16,176.73 127,765.23 193,195.92

Tax Income

Property Taxes

4125 · Current Year Taxes 277.62 230,145.05 220,612.08

4130 · Prior Years Taxes 0.00 1,813.63 1,000.00

Total Property Taxes 277.62 231,958.68 221,612.08

Other Taxes

4085 · Mixed Beverage Tax 0.00 4,342.53 4,000.00

4135 · Sales & Use Tax Revenue 5,593.41 39,358.02 50,000.00

Total Other Taxes 5,593.41 43,700.55 54,000.00

Total Tax Income 5,871.03 275,659.23 275,612.08

4021 · IESI 0.00 0.00 0.00

Grants

4040 · PEG 1,016.75 2,983.26 0.00

Total Grants 1,016.75 2,983.26 0.00

Page 1 of 5

06/06/18



May 18 Oct '17 - May 18

FY2018 Annual

Budget

Interest Earned - Bank

4062 · Interest Income - Banks etc 792.90 4,926.05 1,665.00

4055 · Checking 0.00 0.00 0.00

4060 · Money Market 0.00 0.00 0.00

4061 · TexPool 0.00 0.00 0.00

Total Interest Earned - Bank 792.90 4,926.05 1,665.00

Miscellanous

4075 · Copy Fees 0.00 0.00 0.00

4080 · Records Request 0.00 585.00

Total Miscellanous 0.00 585.00 0.00

Total Income 36,884.86 506,023.68 573,553.00

Gross Profit 36,884.86 506,023.68 573,553.00

Expense


6625 · Equipment 0.00 0.00 0.00

6444 · Materials 0.00 0.00 5,000.00

6416 · Crack Seal 0.00 8,915.00 7,500.00

6417 · Street Sweeping 0.00 660.00 2,000.00

6610 · Vehicle Maintenance 18.50 305.53 500.00

6325 · Office Equipment Repair 0.00 0.00 500.00

6415 · Maintenance 0.00 0.00 5,000.00

6455 · Signs 0.00 577.69

6450 · Sign Repairs 0.00 0.00 600.00

6180 · Equipment & Supplies 124.00 1,572.24 7,720.00

6605 · Repairs/Maintenances 0.00 25.00 379.00

Total Maintenance and Repair 142.50 12,055.46 29,199.00


6170 · Dumpster 1,883.97 23,157.62 20,000.00

6171 · Recycling 1,444.40 11,362.00 19,260.00

6172 · Brush Removal/Grinding 800.00 4,400.00 15,000.00

6470 · Trash Service Expense 8,362.80 65,770.80 114,600.00

Total Trash and Other Muni Expense 12,491.17 104,690.42 168,860.00


Attorney Fees

6600 · Attorney Fee Expense 168.00 2,717.67 12,500.00

6601 · Building 0.00 0.00 0.00

6602 · CEO 0.00 0.00 0.00

6603 · Animal Control 0.00 0.00 0.00

6604 · General Administration 0.00 0.00 0.00

Attorney Fees - Other 0.00 0.00 0.00

Total Attorney Fees 168.00 2,717.67 12,500.00

6595 · Engineering 0.00 4,982.50 2,000.00

6590 · Audit Fee 0.00 0.00 9,600.00

Page 2 of 5

06/06/18



May 18 Oct '17 - May 18

FY2018 Annual

Budget

Total Professional Expenses 168.00 7,700.17 24,100.00



6466 · Building 0.00 0.00 0.00

6465 · Training/Schools - Other 485.00 2,634.06 6,475.00

Total 6465 · Training/Schools 485.00 2,634.06 6,475.00

Total Education and Training 485.00 2,634.06 6,475.00

Insurance Expense

6520 · Insurance 0.00 7,380.52 7,000.00

Total Insurance Expense 0.00 7,380.52 7,000.00


6397 · Rabies Testing Fees 0.00 238.00 2,000.00

6390 · Cat Program 0.00 0.00 500.00

6380 · Boarding 0.00 21.39 500.00

6385 · Food Supplies 0.00 0.00 0.00

6395 · Veterinarian Fees 0.00 0.00 0.00

6396 · Animal Extraction 0.00 560.00 3,300.00

Total Animal Control Costs 0.00 819.39 6,300.00

Office Expense


6651 · Emergency Fund 0.00 0.00 500.00

6055 · Building Department 0.00 0.00 0.00

6575 · Miscellaneous 0.00 -80.27 -428.00

6576 · Discretionary 0.00 366.89 2,000.00

6330 · Office Supplies 0.00 452.80 3,000.00

6335 · Postage 26.25 668.82 550.00

Total General Office Expense 26.25 1,408.24 5,622.00


6340 · Publications (Legal Notices) 0.00 881.72 2,000.00

Total Printing and Publication Expens 0.00 881.72 2,000.00


6577 · Uniforms 0.00 0.00 700.00

6045 · Bond 0.00 400.00 0.00

6098 · National Night Out 0.00 705.34 1,000.00

6050 · Books and Publications 117.50 50.52 986.00

6285 · Fire House Supplies 0.00 0.00 379.00

6500 · Election Expense 0.00 515.47 1,000.00

Total Other General Expense 117.50 1,671.33 4,065.00

Total Office Expense 143.75 3,961.29 11,687.00


6160 · Court Fees 0.00 49.40 2,000.00

6485 · TravisCounty Tax Collection Fee 0.00 1,768.02

6165 · Dues/Memberships/Publications 0.00 221.99 0.00

Page 3 of 5

06/06/18



May 18 Oct '17 - May 18

FY2018 Annual

Budget

6015 · Appraisal District Service Fees 0.00 531.36 1,000.00

6065 · Certification/Membership 563.00 2,397.38 3,330.00

Total Dues Fees and Subscriptions 563.00 4,968.15 6,330.00

Contract Services

6095 · Contract Labor 0.00 0.00 0.00

Security Expenses

6105 · Deputy 2,000.00 17,200.00 25,500.00

6090 · Contract Deputy Auto 1,000.00 8,000.00 12,600.00

Total Security Expenses 3,000.00 25,200.00 38,100.00


6102 · Field 1,800.00 14,400.00 21,600.00

6056 · Inspection Fee 1,550.00 14,234.00 7,500.00

6097 · Accounting Services 1,461.95 13,390.42 37,000.00

Total Other Contract Services 4,811.95 42,024.42 66,100.00



6133 · Officer 0.00 0.00 0.00

6096 · Animal Control Contract Svcs 0.00 0.00 0.00

6151 · Supervision R.O.W. 0.00 0.00 0.00

6440 · Mowing 0.00 0.00 0.00

6150 · Streets & R.O.W. 0.00 0.00 0.00

6145 · Secretrial Staff 0.00 0.00 0.00


6101 · Administration 0.00 0.00 0.00




6030 · Check Order 0.00 108.94

6035 · Return Check 0.00 0.00 0.00

6040 · Service Charges 30.00 34.20 250.00

Total Bank related charges and fees 30.00 143.14 250.00

Travel

6635 · Lodging 512.52 1,354.60 3,709.00

6640 · Mileage and Travel 52.50 1,186.01 1,727.00

6650 · Meals 0.00 532.00 1,817.00

Total Travel 565.02 3,072.61 7,253.00

Utilities



6078 · Mobile Application 0.00 0.00 4,000.00

6080 · Telephone Service 112.95 1,051.08 1,724.00


Total 6070 · Communications 112.95 1,235.78 5,994.00

Page 4 of 5

06/06/18



May 18 Oct '17 - May 18

FY2018 Annual

Budget

Total Utilities 161.41 1,581.63 6,794.00

Total Expense 31,689.78 289,255.10 488,553.00

Net Ordinary Income 5,195.08 216,768.58 85,000.00

Other Income/Expense

Other Income

Cap Metro

4010 · Capital Metro Income 0.00 63,567.00 0.00

4012 · Cap Metro Income Offset 0.00 -63,567.00

Total Cap Metro 0.00 0.00 0.00

Total Other Income 0.00 0.00 0.00

Other Expense

6405 · Capital Expenditures Fund 0.00 0.00 85,000.00

Total Other Expense 0.00 0.00 85,000.00

Net Other Income 0.00 0.00 -85,000.00

Net Income 5,195.08 216,768.58 0.00

Page 5 of 5

May 31, 18 May 31, 17

ASSETSCurrent Assets

Checking/SavingsBanks

1010 · Security State - Money Market 94,343.43 94,296.261015 · Security State - Operating Fund 439,562.08 122,896.481016 · Cash Clearing - Acct Use Only 0.00 -15,358.611030 · TexPool - Money Market 180,261.22 178,072.531046 · TexPool - Road Fund 335,081.49 430,519.481047 · TexPool TimeWarner 12,716.93 12,562.43

Total Banks 1,061,965.15 822,988.57

Total Checking/Savings 1,061,965.15 822,988.57

Total Current Assets 1,061,965.15 822,988.57

TOTAL ASSETS 1,061,965.15 822,988.57

LIABILITIES & EQUITY 0.00 0.00

Village of Point Venture06/06/18 Cash in BanksAccrual Basis As of May 31, 2018

Page 1

1

June 7, 2018

To: Point Venture Mayor and Village Council

From: Point Venture Village Dump Yard Advisory Committee:

Chris Guest (Leader)

William Crenshaw

Bryan Martin

Subject: Advisory Recommendations for Village Dump Yard Operating Procedures to

Achieve a Budget Neutral Community Benefit.

1. Point Venture Village Mayor Jeff Warneke on May 22, 2018 assembled an advisory committee

to provide Village Dump Yard Oversight and Operating Procedures, with the hope of providing

a community service while at the same time achieving a Budget Neutral line item on the Point

Venture Village Annual Budget.

The Advisory Committee after conducting an on-line “Nextdoor” poll as well as contacting

numerous Point Venture regular Construction Contractors; Recycling Companies and in

communication with Point Venture WCID and Point Venture Property Owners Association,

recommend for consideration the following actions:

A. No contactors or sub-contractor Dump Yard access. Residents only.

B. With 77% Next Door poll data, we will be recommending 1/3 Saturday per month

(10:00am-12:00pm) and every Wednesday 3:00-5:00pm.

(B1.) There may be an additional desire by Council to open Dump Yard every Saturday of

month and or Summer and Winter schedules.

C. Recommend hiring at $12 hr. individual(s) to man/monitor Dump Yard during open times

to public (Minimum age: 16yrs.)- we do not think that it is practical to redirect WCID

personal from their normal duties for this, resulting in an overall cost saving.

(C1.) Council would need to Budget approximately $1728.00 for 12 hours per month or

$2304.00 for 16 hours per month.

D. Total of 12 free dumps per year/per household (avg. one a month- but can be used at

homeowner’s discretion. No year to year rollovers.

(D1.) Recommend approving a $20.00-$25.00 fee for any additional dumps.

E. Residents at time of dump would be required to show Drivers License or Utility Receipt for

proof of residency.

F. Recommend implementing $20.00-$25.00 fee per bucket of Mulch loaded.

G. Recommend contracting Recycling Companies for Metals and possibly electronic materials.

2

(G1.) Contacted CMC Recycling in Austin, TX concerning metals. Dump Yard could store

metals until approximately 30-yard container of materials collected. CMC Recycling would

come out at approximately $150.00 to “Live Load” the material. Current metal is being

recycled at $100.00 per ton. A 30-yard container will have approximately 5 tons of material

($500.00). Subtract the $150.00 for “Live Load” and the difference would be Village profit.

- P.O.C.: Bart Chambers, CMC Recycling. Phone: (512) 924-9553

H. Prior to Dumpster being emptied, fill with and unused brush/mulch to keep yard clean.

I. Recommend WCID sending out routine e-mail to community, informing them of the ability

to have two Green Trash Cans and to optimize Blue recycling container (this will lower

amount of Dumpster pick-ups in Yard).

J. Recommend researching best price for Dumpster service: Will Call Vs. Scheduled pick-up,

and which is most financially responsible.

Sincerely,

Point Venture Village Dump Yard Advisory Committee:

Chris Guest (Leader)

William Crenshaw

Bryan Martin

CODE OF ORDINANCES

OF THE

VILLAGE OF POINT VENTURE, TEXAS

As Codified By:

2435 20th Street Lubbock, Texas 79411

806.797.8281 www.franklinlegal.net

http://www.franklinlegal.net

TOC-1

TABLE OF CONTENTS

POINT VENTURE CODE OF ORDINANCES CHAPTER 1: GENERAL PROVISIONS................................................................................ 1-1 Article 1.01 Code of Ordinances ............................................................................................ 1-7 Article 1.02 Emergency Management .................................................................................. 1-12 Article 1.03 Municipal Court................................................................................................ 1-16 Division 1. Generally .......................................................................................................... 1-16 Division 2. Fines, Costs and Special Expenses ................................................................... 1-19 Article 1.04 Taxation............................................................................................................ 1-20 Division 1. Generally .......................................................................................................... 1-20 Division 2. Sales and Use Tax ............................................................................................ 1-20 Division 3. Property Taxes.................................................................................................. 1-20 CHAPTER 2: ADMINISTRATION AND PERSONNEL...................................................... 2-1 Article 2.01 General Provisions.............................................................................................. 2-7 Article 2.02 Village Council................................................................................................... 2-7 Article 2.03 Officers and Employees ..................................................................................... 2-7 Article 2.04 Police .................................................................................................................. 2-9 Article 2.05 Finances............................................................................................................ 2-10 CHAPTER 3: ANIMAL CONTROL........................................................................................ 3-1 Article 3.01 General Provisions.............................................................................................. 3-7 Article 3.02 Administration.................................................................................................. 3-12 Division 1. Generally .......................................................................................................... 3-12 Division 2. Dangerous Dogs ............................................................................................... 3-16 Article 3.03 Offenses............................................................................................................ 3-19 CHAPTER 4: BUILDING REGULATIONS........................................................................... 4-1 Article 4.01 General Provisions.............................................................................................. 4-7 Article 4.02 Building Official and Assistant Building Official .............................................. 4-7 Article 4.03 Construction Codes and Standards ..................................................................... 4-9 Article 4.04 Substandard Buildings...................................................................................... 4-22 Article 4.05 Flood Damage Prevention ................................................................................ 4-30 Division 1. Generally .......................................................................................................... 4-30 Division 2. Administration.................................................................................................. 4-38

Point Venture Code of Ordinances Table of Contents

TOC-2

CHAPTER 4: BUILDING REGULATIONS, cont’d. Division 3. Flood Hazard Reduction Standards .................................................................. 4-41 Article 4.06 Outbuildings ..................................................................................................... 4-45 Article 4.07 Building Height and Antenna Facilities ........................................................... 4-48 CHAPTER 5: BUSINESS REGULATIONS (Reserved) ........................................................ 5-1 CHAPTER 6: FIRE PREVENTION AND PROTECTION................................................... 6-1 Article 6.01 General Provisions.............................................................................................. 6-7 Article 6.02 Fireworks............................................................................................................ 6-7 CHAPTER 7: HEALTH AND SANITATION ........................................................................ 7-1 Article 7.01 General Provisions.............................................................................................. 7-7 Article 7.02 Food Establishments........................................................................................... 7-7 Division 1. Generally ............................................................................................................ 7-7 Division 2. Permit ................................................................................................................. 7-8 Article 7.03 Public Swimming Pools ................................................................................... 7-10 Division 1. Generally .......................................................................................................... 7-10 Division 2. Permit ............................................................................................................... 7-11 Article 7.04 Litter Control and Lot Maintenance ................................................................. 7-14 Article 7.05 High Grass and Weeds ..................................................................................... 7-17 CHAPTER 8: OFFENSES AND ADDITIONAL PROVISIONS .......................................... 8-1 Article 8.01 General Provisions.............................................................................................. 8-7 Article 8.02 Weapons ............................................................................................................. 8-7 Article 8.03 Storage of Inoperative Boats .............................................................................. 8-9 Article 8.04 Abandoned or Junked Vehicles ........................................................................ 8-11 Division 1. Generally .......................................................................................................... 8-11 Division 2. Junked Vehicles................................................................................................ 8-12 CHAPTER 9: PLANNING AND DEVELOPMENT REGULATIONS................................ 9-1 Article 9.01 General Provisions.............................................................................................. 9-7 Article 9.02 Lot Clearing........................................................................................................ 9-7


TOC-3

CHAPTER 10: STREETS, PARKS AND OTHER PUBLIC WAYS AND PLACES ....... 10-1 Article 10.01 General Provisions............................................................................................ 10-7 Article 10.02 Right-of-Way Management.............................................................................. 10-7 Division 1. Generally .......................................................................................................... 10-7 Division 2. Construction Standards................................................................................... 10-13 CHAPTER 11: TRAFFIC AND VEHICLES ........................................................................ 11-1 Article 11.01 General Provisions............................................................................................ 11-7 Article 11.02 Traffic-Control Devices.................................................................................... 11-9 Article 11.03 Operation of Vehicles..................................................................................... 11-11 Article 11.04 Parking............................................................................................................ 11-12 Article 11.05 Golf Carts ....................................................................................................... 11-13 CHAPTER 12: UTILITIES..................................................................................................... 12-1 Article 12.01 General Provisions............................................................................................ 12-7 Article 12.02 Solid Waste....................................................................................................... 12-7 APPENDIX A: FEE SCHEDULE.......................................................................APPENDIX A-1 Article A1.000 General Provisions............................................................................................. A-7 Article A2.000 Animals ............................................................................................................. A-7 APPENDIX B: ORDINANCE DISPOSITION TABLE ...................................APPENDIX B-1 INDEX ..........................................................................................................................................I-1

1-1

CHAPTER 1

GENERAL PROVISIONS ARTICLE 1.01 CODE OF ORDINANCES................................................................................. 1-7 Sec. 1.01.001 Adoption................................................................................................ 1-7 Sec. 1.01.002 Designation and citation of code ........................................................... 1-7 Sec. 1.01.003 Catchlines of articles, divisions and sections ........................................ 1-7 Sec. 1.01.004 Definitions and rules of construction..................................................... 1-7 Sec. 1.01.005 Severability of parts of code................................................................ 1-10 Sec. 1.01.006 Repeal of ordinances ........................................................................... 1-10 Sec. 1.01.007 Amendments or additions to code ....................................................... 1-10 Sec. 1.01.008 Supplementation of code ..................................................................... 1-10 Sec. 1.01.009 General penalty for violations of code; continuing violations............. 1-11 ARTICLE 1.02 EMERGENCY MANAGEMENT.................................................................... 1-12 Sec. 1.02.001 Operational organization ..................................................................... 1-12 Sec. 1.02.002 Powers and duties of emergency management director ...................... 1-13 Sec. 1.02.003 Emergency management plan.............................................................. 1-14 Sec. 1.02.004 Interjurisdictional program.................................................................. 1-14 Sec. 1.02.005 Override............................................................................................... 1-14 Sec. 1.02.006 Liability ............................................................................................... 1-14 Sec. 1.02.007 Commitment of funds.......................................................................... 1-15 Sec. 1.02.008 Offenses; penalty................................................................................. 1-15 Sec. 1.02.009 Limitations........................................................................................... 1-15 ARTICLE 1.03 MUNICIPAL COURT...................................................................................... 1-16 Division 1. Generally............................................................................................................... 1-16 Sec. 1.03.001 Purpose ................................................................................................ 1-16 Sec. 1.03.002 Area of jurisdiction.............................................................................. 1-16 Sec. 1.03.003 Scope ................................................................................................... 1-16 Sec. 1.03.004 Creation of court.................................................................................. 1-16 Sec. 1.03.005 Jurisdictional limits ............................................................................. 1-16 Sec. 1.03.006 Judges .................................................................................................. 1-16 Sec. 1.03.007 Writ power........................................................................................... 1-17 Sec. 1.03.008 Rules of practice and procedure .......................................................... 1-17 Sec. 1.03.009 Clerk of court....................................................................................... 1-18 Sec. 1.03.010 Record of proceedings; preservation of records .................................. 1-18 Sec. 1.03.011 Facilities; seal ...................................................................................... 1-18 Sec. 1.03.012 Complaints and pleadings.................................................................... 1-18 Sec. 1.03.013 Prosecutions......................................................................................... 1-19 Sec. 1.03.014 Jury ...................................................................................................... 1-19 Sec. 1.03.015 Appeals................................................................................................ 1-19 Division 2. Fines, Costs and Special Expenses ....................................................................... 1-19 Sec. 1.03.041 Collection and administration; amount................................................ 1-19

Point Venture Code of Ordinances Chapter 1: General Provisions

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ARTICLE 1.04 TAXATION...................................................................................................... 1-20 Division 1. Generally............................................................................................................... 1-20 Division 2. Sales and Use Tax................................................................................................. 1-20 Sec. 1.04.031 One percent tax adopted ...................................................................... 1-20 Division 3. Property Taxes ...................................................................................................... 1-20 Sec. 1.04.061 Residence homestead exemption......................................................... 1-20

[Next page is 1-7.]


1-7

ARTICLE 1.01 CODE OF ORDINANCES* Sec. 1.01.001 Adoption There is hereby adopted the Code of Ordinances of the Village of Point Venture, Texas, as compiled, edited and published by Franklin Legal Publishing, Inc. (Ordinance adopting Code) Sec. 1.01.002 Designation and citation of code The ordinances embraced in this chapter and the following chapters, articles and sections shall constitute and be designated the “Code of Ordinances, Village of Point Venture, Texas,” and may be so cited. (Ordinance adopting Code) Sec. 1.01.003 Catchlines of articles, divisions and sections The catchlines of the several articles, divisions and sections of this code are intended as mere catchwords to indicate the contents of the article, division or section and shall not be deemed or taken to be titles of such articles, divisions and sections, nor as any part of the articles, divisions and sections, nor, unless expressly so provided, shall they be so deemed when any of such articles, divisions and sections, including the catchlines, are amended or reenacted. (Ordinance adopting Code) State law reference–Headings of statutes, V.T.C.A., Government Code, sec. 311.024. Sec. 1.01.004 Definitions and rules of construction In the construction of this code and of all ordinances and resolutions passed by the village council, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the village council: Generally. Words shall be construed in their common and usual significance unless the contrary is clearly indicated. Computation of time. Whenever a notice is required to be given or an act to be done a certain length of time before any proceeding shall be had, the first day is excluded and the last day is included. If the last day of any period is a Saturday, Sunday, or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday, or legal holiday. State law reference–Computation of time, V.T.C.A., Government Code, sec. 311.014. Council. Whenever the term “council” or “village council” or “the council” is used, it shall mean the village council of the Village of Point Venture, Texas. State law reference–References to municipal governing body and to members of municipal governing body, V.T.C.A., Local Government Code, sec. 21.002.

* State law reference–Authority of municipality to codify ordinances, V.T.C.A., Local Government Code, ch. 53.


1-8

County. The term “county” or “this county” shall mean the County of Travis, Texas. Delegation of authority. Whenever a provision of this Code of Ordinances requires or authorizes an officer or employee of the village to do some act or perform some duty, it shall be construed to authorize such officer or employee to designate, delegate and authorize subordinates to perform the act or duty unless the terms of the provision specifically designate otherwise. Gender. A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships, associations and corporations, as well as to males. State law reference–“Gender” defined, V.T.C.A., Government Code, sec. 312.003(c). Joint authority. Words purporting to give authority to three (3) or more officers or other persons shall be construed as giving such authority to a majority of such officers or other persons, unless it is otherwise declared. State law reference–Grants of authority, V.T.C.A., Government Code, sec. 312.004. May. The word “may” is permissive. State law reference–Construction of word “may,” V.T.C.A., Government Code, sec. 311.016. Month. The word “month” shall mean a calendar month. State law reference–“Month” defined, V.T.C.A., Government Code, sec. 312.011. Must and shall. Each is mandatory. State law reference–Construction of words “must” and “shall,” V.T.C.A., Government Code, sec. 311.016. Number. Any word importing the singular number shall include the plural, and any word importing the plural number shall include the singular. State law reference–“Number,” V.T.C.A., Government Code, sec. 312.003(b). Oath. The word “oath” shall be construed to include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words “swear” and “sworn” shall be equivalent to the words “affirm” and “affirmed.” State law reference–“Oath,” “swear” and “sworn” defined, V.T.C.A., Government Code, sec. 312.011. Official time standard. Whenever certain hours are named in this code, they shall mean standard time or daylight saving time, as may be in current use in the village. State law reference–Standard time, V.T.C.A., Government Code, sec. 312.016.


1-9

Or, and. The word “or” may be read “and,” and the word “and” may be read “or,” as the sense requires it. Owner. The word “owner,” applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or of a part of such building or land. Person. The word “person” shall extend and be applied to associations, corporations, firms, partnerships, organizations, business trusts, estates, trusts, and bodies politic and corporate, as well as to individuals. State law reference–“Person” defined, V.T.C.A., Government Code, sec. 311.005. Preceding, following. The terms “preceding” and “following” mean next before and next after, respectively. State law reference–“Preceding” defined, V.T.C.A., Government Code, sec. 312.011. Property. The word “property” shall mean and include real and personal property. State law reference–“Property” defined, V.T.C.A., Government Code, sec. 311.005. Real property. The term “real property” shall mean and include lands, tenements and hereditaments. Sidewalk. The word “sidewalk” shall mean that portion of a street between the curbline and the adjacent property line intended for the use of pedestrians. Signature or subscription. A signature or subscription shall include a mark when a person cannot write. State law reference–“Signature” and “subscribe” defined, V.T.C.A., Government Code, sec. 312.011. State. The term “the state” or “this state” shall be construed to mean the State of Texas. Street. The word “street” shall have its commonly accepted meaning and shall include highways, sidewalks, alleys, avenues, recessed parking areas and other public rights-of-way, including the entire right-of-way. Tense. Words used in the past or present tense include the future, as well as the past and present. State law reference–“Tense,” V.T.C.A., Government Code, sec. 312.003(a). Village, city and town. Each means the Village of Point Venture, Texas. Village administrator, village manager, village secretary, chief of police or other village officers. The term “village administrator,” “village manager,” “village secretary,” “chief of police” or other village officer or department shall be construed to mean the village administrator, village manager, village secretary, chief of police or such other municipal officer or department, respectively, of the Village of Point Venture, Texas.


1-10

V.T.C.S., V.T.P.C., V.T.C.C.P., V.T.C.A. Such abbreviations refer to the divisions of Vernon’s Texas Statutes Annotated. Written or in writing. The term “written” or “in writing” shall be construed to include any representation of words, letters, or figures, whether by printing or otherwise. State law reference–“Written” or “in writing” defined, V.T.C.A., Government Code, sec. 312.011. Year. The word “year” shall mean a calendar year. State law reference–“Year” defined, V.T.C.A., Government Code, sec. 312.011. (Ordinance adopting Code) Sec. 1.01.005 Severability of parts of code It is hereby declared to be the intention of the village council that the sections, paragraphs, sentences, clauses and phrases of this code are severable, and if any phrase, clause, sentence, paragraph or section of this code 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 this code, since the same would have been enacted by the village council without the incorporation in the code of any such unconstitutional phrase, clause, sentence, paragraph or section. (Ordinance adopting Code) State law reference–Severability of statutes, V.T.C.A., Government Code, sec. 312.013. Sec. 1.01.006 Repeal of ordinances The repeal of an ordinance or any portion thereof shall not repeal the repealing clause of an ordinance or revive any ordinance which has been previously repealed. (Ordinance adopting Code) State law reference–Effect of repeal of statutes, V.T.C.A., Government Code, sec. 311.030. Sec. 1.01.007 Amendments or additions to code All ordinances of a general and permanent nature, and amendments to such ordinances, hereafter enacted or presented to the village council for enactment, shall be drafted, so far as possible, as specific amendments of, or additions to, the Code of Ordinances. Amendments to this code shall be made by reference to the chapter and section of the code which is to be amended, and additions shall bear an appropriate designation of chapter, article and section; provided, however, the failure to do so shall in no way affect the validity or enforceability of such ordinances. (Ordinance adopting Code) Sec. 1.01.008 Supplementation of code (a) By contract or by village personnel, supplements to this code shall be prepared and printed whenever authorized or directed by the village council. A supplement to the code shall include all substantive permanent and general parts of ordinances passed by the village council during the period covered by the supplement and all changes made thereby in the code. The pages of a


1-11

supplement shall be so numbered that they will fit properly into the code and will, where necessary, replace pages that have become obsolete or partially obsolete, and the new pages shall be so prepared that, when they have been inserted, the code will be current through the date of the adoption of the latest ordinance included in the supplement. (b) In preparing a supplement to this code, all portions of the code which have been repealed shall be excluded from the code by omission thereof from reprinted pages. (c) When preparing a supplement to this code, the codifier (meaning the person, agency or organization authorized to prepare the supplement) may make formal, nonsubstantive changes in ordinances and parts of ordinances included in the supplement, insofar as it is necessary to do so to embody them into a unified code. For example, the codifier may:

(1) Organize the ordinance material into appropriate subdivisions;

(2) Provide appropriate catchlines, headings and titles for articles, sections and other subdivisions of the code printed in the supplement and make changes in such catchlines, headings and titles;

(3) Assign appropriate numbers to articles, sections and other subdivisions to be inserted

in the code and, where necessary to accommodate new material, change existing article or section or other subdivision numbers;

(4) Change the words “this ordinance” or words of the same meaning to “this chapter,”

“this article,” “this section,” “this subsection,” etc., as the case may be; and

(5) Make other nonsubstantive changes necessary to preserve the original meaning of ordinance material inserted into the code, but in no case shall the codifier make any change in the meaning or effect of ordinance material included in the supplement or already embodied in the code.

(Ordinance adopting Code) Sec. 1.01.009 General penalty for violations of code; continuing violations (a) Whenever in this code or in any ordinance of the village an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor or whenever in this code or such ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, and no specific penalty is provided therefor, the violation of any such provision of this code or any such ordinance shall be punished by a fine of not exceeding five hundred dollars ($500.00). (b) A fine or penalty for the violation of a rule, ordinance or police regulation that governs fire safety, zoning or public health and sanitation, including the dumping of refuse, may not exceed two thousand dollars ($2,000.00). (c) A person convicted of an offense under title 7, subtitle C, Transportation Code (the Uniform Act Regulating Traffic on Highways) for which another penalty is not provided shall be punished by a fine of not less than one dollar ($1.00) or more than two hundred dollars ($200.00) plus such other penalties and costs as may be provided by such subtitle C.


1-12

(d) Unless otherwise specifically stated in this code, any violation of this code or of any ordinance that is punishable by a fine that does not exceed five hundred dollars ($500.00) does not require a culpable mental state, and a culpable mental state is hereby not required to prove any such offense. Unless otherwise specifically stated in this code, any violation of this code or of any ordinance that is punishable by a fine that exceeds five hundred dollars ($500.00) shall require a culpable mental state. (e) No penalty shall be greater or less than the penalty provided for the same or a similar offense under the laws of the state. (f) Unless otherwise stated in this code or in any ordinance, each day any violation of this code or of any ordinance shall continue shall constitute a separate offense. (g) In the event that any such violation is designated as a nuisance under the provisions of this code, such nuisance may be summarily abated by the village. In addition to the penalty prescribed above, the village may pursue other remedies such as abatement of nuisances, injunctive relief and revocation of licenses or permits. (Ordinance adopting Code) State law references–Penalties for violations, V.T.C.A., Local Government Code, sec. 54.001; penalty for class C misdemeanor, V.T.C.A., Penal Code, sec. 12.23; requirement of culpability, V.T.C.A., Penal Code, sec. 6.02.

ARTICLE 1.02 EMERGENCY MANAGEMENT* Sec. 1.02.001 Operational organization The office of emergency management director of the village is hereby created and that office shall be held by the mayor in accordance with state law.

(1) An emergency management coordinator may be appointed by and serve at the pleasure of the director.

(2) The coordinator shall be responsible for a program of comprehensive emergency

management within the village and for carrying out the duties and responsibilities set forth in this article. He/she may delegate authority for execution of these duties to the coordinator, but ultimate responsibility for such execution shall remain with the director.

(3) The operational emergency management organization of the village shall consist of

the officers and employees of the village so designated by the director in the emergency management plan, as well as organized volunteer groups. The functions and duties of this organization shall be distributed among such officers and employees in accordance with the terms of the emergency management plan.

(Ordinance 2001-07-02, sec. 1, adopted 7/2/01)

* State law reference–Local and interjurisdictional emergency management, V.T.C.A., Government Code, ch. 418.


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Sec. 1.02.002 Powers and duties of emergency management director The powers and duties of the emergency management director are:

(1) To conduct an ongoing survey of actual or potential hazards which threaten life and property within the village and an ongoing program of identifying and requiring or recommending the implementation of measures which would tend to prevent the occurrence or reduce the impact of such hazards if a disaster did occur.

(2) To supervise the development and approval of an emergency management plan for

adoption by the village, and shall recommend for adoption by the village council all mutual aid arrangements deemed necessary for the implementation of such plan.

(3) To declare a local state of disaster. The declaration may not be continued or renewed

for a period in excess of seven (7) days except by or with the consent of the village council. Any order or proclamation declaring, continuing, or terminating a local state of disaster shall be given prompt and general publicity and shall be filed promptly with the village secretary.

(4) To issue necessary proclamations, regulations or directives which are necessary for

carrying out the purpose of this article. Such proclamations, regulations or directives shall be disseminated promptly by means calculated to bring the contents to the attention of the general public and, unless circumstances attendant on the disaster prevent or impede, promptly filed with the village secretary.

(5) To direct and control the operations of the village emergency management

organization as well as the training of emergency management personnel.

(6) To determine all questions of authority and responsibility that may arise within the emergency management organization of the village.

(7) To maintain a liaison with other municipal, county, district, state and regional or

federal emergency management organizations.

(8) To marshal all necessary personnel, equipment or supplies from any department of the village to aid in the carrying out of the provisions of the emergency management plan.

(9) To supervise the drafting and execution of mutual aid agreements, in cooperation

with the representatives of the state and of other local political subdivisions of the state, and the drafting and execution, if deemed desirable, of an agreement with the county in which the village is located and with other municipalities within the county, for the county-wide coordination of emergency management efforts.

(10) To supervise and provide the final authorization for the procurement of all necessary

supplies and equipment, including acceptance of private contributions which may be offered for the purpose of improving emergency management within the village.


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(11) To authorize the agreements, after approval by the village attorney, for use of private property for public shelter and other purposes.

(12) To survey the availability of existing personnel, equipment, supplies and services

which could be used during a disaster as provided for herein.

(13) To comply with and carry out all of the requirements as specified in the Texas Disaster Act of 1975, Vernon’s Codes Annotated, Government Code chapter 418.

(Ordinance 2001-07-02, sec. 2, adopted 7/2/01) Sec. 1.02.003 Emergency management plan A comprehensive emergency management plan shall be developed and maintained in a current state. The plan shall set forth the form of the organization; establish and designate divisions and functions; assign responsibilities, tasks, duties, and powers; and designate officers and employees to carry out the provisions of this article. As provided by state law, the plan shall follow the standards and criteria established by the state division of emergency management. Insofar as possible, the form of organization, titles and terminology shall conform to the recommendations of the state division of emergency management. When approved, it shall be the duty of all departments and agencies to perform the functions assigned by the plan and to maintain their portion of the plan in a current state of readiness at all times. The emergency management plan shall be considered supplementary to this article and have the effect of law during the time of a disaster. (Ordinance 2001-07-02, sec. 3, adopted 7/2/01) Sec. 1.02.004 Interjurisdictional program The mayor is hereby authorized to join with the county judge and the mayors of the other cities in the county in the formation of an interjurisdictional emergency management program for the county, and shall have the authority to cooperate in the preparation of an interjurisdictional emergency management plan and in the appointment of a joint emergency management coordinator, as well as all powers necessary to participate in a county-wide program of emergency management insofar as said program may affect the village. (Ordinance 2001-07-02, sec. 4, adopted 7/2/01) Sec. 1.02.005 Override At all times when the orders, rules, and regulations made and promulgated pursuant to this article shall be in effect, they shall supersede and override all existing ordinances, orders, rules, and regulations insofar as the latter may be inconsistent therewith. (Ordinance 2001-07-02, sec. 5, adopted 7/2/01) Sec. 1.02.006 Liability This article is an exercise by the village of its governmental functions for the protection of the public peace, health, and safety and neither the village, the agents and representatives of the village, nor any individual, receiver, firm, partnership, corporation, association, or trustee, nor any of the agents thereof, in good faith carrying out or complying with any order, rule, or regulation promulgated pursuant to the provisions of this article shall be liable for any damage


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sustained to persons as the result of said activity. Any person owning or controlling real estate or other premises for the purpose of sheltering a person or persons during an actual, impending, or practice enemy attack or natural or man-made disaster shall, together with his successors in interest, if any, not be civilly liable for the death of, or injury to, any person on or about such real estate or premises under such license, privilege or other permission or for loss of, or damage to, the property of such person. (Ordinance 2001-07-02, sec. 6, adopted 7/2/01) Sec. 1.02.007 Commitment of funds No person shall have the right to expend any public funds of the village in carrying out any emergency management activity authorized by this article without prior approval of the village council, nor shall any person have any right to bind the village by contract, agreement, or otherwise without prior and specific approval of the village council unless during a declared disaster. During a declared disaster, the mayor may expend and/or commit public funds of the village when deemed prudent and necessary for the protection of health, life, or property. (Ordinance 2001-07-02, sec. 7, adopted 7/2/01) Sec. 1.02.008 Offenses; penalty (a) No person may:

(1) Willfully obstruct, hinder, or delay any member of the emergency management organization in the enforcement of any rule or regulation issued pursuant to this article.

(2) Wear, carry, or display any emblem, insignia, or any other means of identification as

a member of the emergency management organization of the village, unless the emergency management director or coordinator has granted the person authority to do so.

(3) Operate a siren, or other device that simulates a warning, or a device that simulates

the termination of an authorized warning signal, without the express authorization of the village emergency management director or coordinator.

(b) Any person who violates any provision of this article shall be guilty of a misdemeanor. A person convicted of a misdemeanor under this article shall be subject to a fine or penalty in accordance with state law. (Ordinance 2001-07-02, sec. 8, adopted 7/2/01; Ordinance adopting Code) Sec. 1.02.009 Limitations This article shall not be construed as to conflict with any state or federal statute or with any military or naval order, rule, or regulation. (Ordinance 2001-07-02, sec. 10, adopted 7/2/01)


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ARTICLE 1.03 MUNICIPAL COURT*

Division 1. Generally Sec. 1.03.001 Purpose This article is adopted so that the village council may promote the public health, safety, morals and general welfare within the village through the enforcement of the village’s ordinances. (Ordinance 2002-01-01, sec. 2, adopted 1/7/02) Sec. 1.03.002 Area of jurisdiction The provisions of this article shall apply within the village’s corporate boundaries (i.e., city limits) as prescribed by state law. (Ordinance 2002-01-01, sec. 4, adopted 1/7/02) Sec. 1.03.003 Scope The provisions of this article govern the creation, establishment, operation, and jurisdiction of the municipal court within the village, including the judges of the court. (Ordinance 2002-01-01, sec. 3(A), adopted 1/7/02) Sec. 1.03.004 Creation of court There is hereby established one (1) municipal court within the village, with the designation of “Municipal Court of the Village of Point Venture.” (Ordinance 2002-01-01, sec. 3(B), adopted 1/7/02) Sec. 1.03.005 Jurisdictional limits The municipal court has the jurisdiction provided by general law for municipal courts contained in section 29.003, Texas Government Code, and article 4.14, Texas Code of Criminal Procedure, including concurrent jurisdiction with justice courts as provided by section 29.003. The municipal court also has jurisdiction over cases arising within the village’s corporate boundaries (i.e., city limits) under ordinances authorized by law. (Ordinance 2002-01-01, sec. 3(C), adopted 1/7/02) Sec. 1.03.006 Judges (a) The municipal court shall be presided over by a judge, who shall be known as the “municipal judge.” The judge shall be appointed by ordinance of the village council for a term of two (2) years and shall be entitled to a salary set by the village council. The amount of the judge’s salary may not be diminished during the judge’s term of office. The salary may not be based directly or indirectly on fines, fees, or costs collected by the court. (b) The judge must:

(1) Be a citizen of the United States;

(2) Be a resident of this state. * State law reference–Municipal courts generally, V.T.C.A., Government Code, sec. 29.001 et seq.


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(c) A person may not serve as a municipal judge if the person is otherwise employed by the municipality. A municipal judge who accepts other employment with the municipality vacates the judicial office. (d) If a vacancy occurs in the office of municipal judge, the village council shall adopt an ordinance appointing a qualified person to fill the office for the remainder of the unexpired term. (e) There shall also be as many as three (3) alternate judges appointed by the village council, subject to the same qualifications, who shall have all the powers and shall discharge all the duties of a municipal judge while serving as municipal judge. Each alternate judge shall be appointed for a term of two years. If the regular municipal judge is temporarily absent due to illness, family death, continuing legal or judicial education programs, or any other reason, he shall select one of the alternate judges to serve during his absence. (f) The municipal judges may exchange benches and act for each other in any proceeding pending in the court. An act performed by any of the judges is binding on all parties to the proceeding. (g) The municipal judge shall take judicial notice of state law and the ordinances and corporate limits of the municipality. (h) A municipal judge is a magistrate and may issue administrative search warrants. (i) A municipal judge may be removed from office by the village council at any time for incompetency, misconduct, malfeasance, or disability. (Ordinance 2002-01-01, sec. 3(D), adopted 1/7/02) State law references–Municipal court judges, V.T.C.A., Government Code, sec. 29.004 et seq.; term of municipal court judge, V.T.C.A., Government Code, sec. 29.005. Sec. 1.03.007 Writ power The judges of the municipal court may grant writs of mandamus, injunction, attachment, and other writs necessary to the enforcement of the jurisdiction of the municipal court and may issue writs of habeas corpus in cases in which the offense charged is within the jurisdiction of the municipal court. (Ordinance 2002-01-01, sec. 3(E), adopted 1/7/02) Sec. 1.03.008 Rules of practice and procedure The Code of Criminal Procedure and the Texas Rules of Appellate Procedure govern the trial of cases before the municipal court. The court may make and enforce all rules of practice and procedure necessary to expedite the trial of cases before the court that are not inconsistent with law. (Ordinance 2002-01-01, sec. 3(F), adopted 1/7/02) State law reference–Procedures for processing cases within criminal jurisdiction of municipal court, Tex. Code Crim. Proc. ch. 45.


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Sec. 1.03.009 Clerk of court (a) The municipal court clerk shall be appointed by ordinance of the village council for a term of two (2) years and shall be entitled to a salary set by the village council. A municipal court clerk may be removed from office by the village council at any time for incompetency, misconduct, malfeasance, or disability. (b) The clerk of the municipal court may hire, direct and remove the personnel authorized in the village’s annual budget for the clerk’s office. The clerk or the clerk’s deputies shall keep the records of the municipal court, issue process, and generally perform the duties for the court that a clerk of the county court at law exercising criminal jurisdiction is required by law to perform for that court. In addition, the clerk or the clerk’s deputies shall maintain an index of all court judgments in the same manner as county clerks are required by law to prepare for criminal cases arising in county courts. The clerk shall perform the duties in accordance with statutes and ordinances of the village. (Ordinance 2002-01-01, sec. 3(G), adopted 1/7/02) State law reference–Municipal court clerk generally, V.T.C.A., Government Code, sec. 29.010. Sec. 1.03.010 Record of proceedings; preservation of records For the purpose of recording the proceedings and preserving a record in all cases tried before the municipal court, minutes of the proceedings of court shall be kept. The court clerk, deputy clerk, or court reporter may use written notes, transcribing equipment, video or audio recording equipment, or a combination of these methods to record the proceedings of the municipal court. The court clerk, deputy clerk, or court reporter shall keep the record for a twenty (20) day period beginning the day after the last day of the court proceeding, trial or denial of motion for new trial, or until any appeal is final, whichever occurs last. (Ordinance 2002-01-01, sec. 3(H), adopted 1/7/02) Sec. 1.03.011 Facilities; seal (a) The village council shall provide courtrooms, jury rooms, offices, office furniture, libraries, law books, and other facilities and supplies that the village council determines necessary for the proper operation of the municipal court. (b) The village council shall provide the municipal court with a seal that contains the phrase “Municipal Court of the Village of Point Venture, Texas.” The seal’s use must conform to article 45.012 of the Code of Criminal Procedure. (Ordinance 2002-01-01, sec. 3(I), adopted 1/7/02) Sec. 1.03.012 Complaints and pleadings Complaints and pleadings must substantially conform to the relevant provisions of chapters 27 and 45 of the Code of Criminal Procedure. (Ordinance 2002-01-01, sec. 3(J), adopted 1/7/02)


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Sec. 1.03.013 Prosecutions Prosecution in the municipal court shall be conducted as provided by article 45.201, Code of Criminal Procedure. All prosecutions in municipal court shall be conducted by the village attorney or by a deputy village attorney, as designated by the village attorney. (Ordinance 2002-01-01, sec. 3(K), adopted 1/7/02) Sec. 1.03.014 Jury (a) A person who is brought before the municipal court and who is charged with an offense is entitled to be tried by a jury of six (6) persons. Trial by jury, including the summoning of jurors, must substantially conform to chapter 45, Code of Criminal Procedure. (b) The court clerk shall supervise the selection of persons for jury service. (Ordinance 2002-01-01, sec. 3(L), adopted 1/7/02) State law reference–Municipal court juries, V.T.C.A., Government Code, sec. 62.501. Sec. 1.03.015 Appeals (a) A defendant has the right of appeal from a judgment of conviction. The state has the right to appeal as provided by article 44.01, Code of Criminal Procedure. (b) All appeals shall be conducted pursuant to the Texas Code of Criminal Procedure. (Ordinance 2002-01-01, sec. 3(M), adopted 1/7/02) State law reference–Appeal procedures, bond, etc., Tex. Code Crim. Proc. art. 45.042 et seq. Secs. 1.03.016–1.03.040 Reserved

Division 2. Fines, Costs and Special Expenses* Sec. 1.03.041 Collection and administration; amount (a) The municipal court clerk shall collect and administer all fees and fines authorized by state law and village ordinances. Fees and fines shall be in the amounts established by state law, the municipal court judge, and fee schedules adopted by the village council, as may be amended. (b) A fine or penalty imposed in municipal court for violation of an ordinance of the village may not exceed five hundred dollars ($500.00), unless the fine or penalty is for violation of a rule

* State law references–Municipal court fines, costs and special expenses, Tex. Code Crim. Proc. art. 45.203; costs paid by defendants, Tex. Code Crim. Proc. ch. 102; court costs on conviction, V.T.C.A., Government Code, sec. 102.021; additional court costs on conviction in municipal court, V.T.C.A., Government Code, sec. 102.121; contracts for collection services, Tex. Code Crim. Proc. art. 103.0031.


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or ordinance or police regulation that governs fire safety, zoning or public health and sanitation, including dumping and refuse, in which case the fine or penalty may not exceed two thousand dollars ($2000.00). (Ordinance 2002-01-01, sec. 3(N), adopted 1/7/02)

ARTICLE 1.04 TAXATION

Division 1. Generally Secs. 1.04.001–1.04.030 Reserved

Division 2. Sales and Use Tax* Sec. 1.04.031 One percent tax adopted A one percent sales and use tax was adopted by the voters of the village as a result of an election held on May 5, 2001. (Ordinance 2001-05-02 adopted 5/9/01; Ordinance adopting Code) Secs. 1.04.032–1.04.060 Reserved

Division 3. Property Taxes Sec. 1.04.061 Residence homestead exemption As authorized by the Texas Constitution, article VIII, section 1-b, and Texas Tax Code section 11.13, the village council hereby adopts a residence homestead exemption (for all homesteads) of ten percent (10%). (Ordinance 2017-06-02 adopted 6/28/17)

* State law reference–Authority of municipality to impose local sales and use tax, V.T.C.A., Tax Code, ch. 321.

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CHAPTER 2

ADMINISTRATION AND PERSONNEL ARTICLE 2.01 GENERAL PROVISIONS ................................................................................. 2-7 Sec. 2.01.001 Location of village office ...................................................................... 2-7 ARTICLE 2.02 VILLAGE COUNCIL ........................................................................................ 2-7 Sec. 2.02.001 Terms of mayor and council members .................................................. 2-7 ARTICLE 2.03 OFFICERS AND EMPLOYEES........................................................................ 2-7 Sec. 2.03.001 Village secretary.................................................................................... 2-7 Sec. 2.03.002 Village treasurer .................................................................................... 2-8 Sec. 2.03.003 Village attorney ..................................................................................... 2-8 Sec. 2.03.004 Code enforcement officer ...................................................................... 2-8 ARTICLE 2.04 POLICE .............................................................................................................. 2-9 Sec. 2.04.001 Office of marshal abolished; duties conferred on county sheriff .......... 2-9 Sec. 2.04.002 Authority of county deputies ............................................................... 2-10 ARTICLE 2.05 FINANCES....................................................................................................... 2-10 Sec. 2.05.001 Fiscal year............................................................................................ 2-10

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Point Venture Code of Ordinances Chapter 2: Administration and Personnel

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ARTICLE 2.01 GENERAL PROVISIONS Sec. 2.01.001 Location of village office (a) The village shall establish an office to be located in the office complex of the Travis County WCID - Point Venture. (b) The address of such office shall be 18606 Venture Drive, Point Venture, Texas 78645. (c) The official records, contracts and correspondence of the village shall be kept and contained in such office, except for those records, contracts and correspondence deemed necessary to be kept in a bank depository lock box. (d) The business of the village may be conducted in locations other than the village office as may be needed from time to time. (Ordinance 2000-12-01 adopted 12/4/00; Ordinance 2006-09-11 adopted 9/11/06; Ordinance 2010-07-02 adopted 7/7/10)

ARTICLE 2.02 VILLAGE COUNCIL Sec. 2.02.001 Terms of mayor and council members (a) At the next annual municipal election, which shall occur on November 6, 2001, the mayor and five council members will be elected. (b) The mayor and two of the elected council members will serve for two years. (c) The two council members who serve two-year terms will be determined by drawing lots at the first meeting of the village council following the November 6, 2001 election. (d) The remaining three elected council members will serve a one-year term. (e) Thereafter, all members elected to the village council serve for a term of two years. (Ordinance 2001-04-01 adopted 4/2/01)

ARTICLE 2.03 OFFICERS AND EMPLOYEES Sec. 2.03.001 Village secretary The office of village secretary is hereby created, with the assignment of the duties of city secretary as stipulated in Texas Local Government Code section 22.073. (Ordinance 2001-01-02, sec. 1, adopted 1/2/01) State law references–Appointment of secretary, V.T.C.A., Local Government Code, sec. 22.071; powers and duties of city secretary, V.T.C.A., Local Government Code, sec. 22.073.


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Sec. 2.03.002 Village treasurer The office of village treasurer is hereby created, and the duties of treasurer as stipulated in Texas Local Government Code section 22.075 are assigned to the duly appointed treasurer. (Ordinance 2001-01-02, sec. 2, adopted 1/2/01) State law references–Appointment of city officers, including city treasurer, V.T.C.A., Local Government Code, sec. 22.071; bond and duties of treasurer, V.T.C.A., Local Government Code, sec. 22.075. Sec. 2.03.003 Village attorney The office of village attorney is hereby created. (Ordinance 2001-01-02, sec. 4, adopted 1/2/01) State law reference–Appointment of municipal attorney, V.T.C.A., Local Government Code, sec. 22.071. Sec. 2.03.004 Code enforcement officer (a) Definitions.

(1) Code enforcement is the inspection, improvement, and rehabilitation of environmental hazards in public and private premises by determining the presence of fire or health hazards, nuisance violations, unsafe building conditions, and violations of any fire, health, or building regulation, statute or ordinance.

(2) A code enforcement officer is an agent of this state or a political subdivision of this

state who engages in code enforcement and has one year or more of experience in the field of code enforcement. A code enforcement officer in training is an agent of this state or a political subdivision of this state who engages in code enforcement but who has less than one year of experience in the field of code enforcement and is supervised by a registered code enforcement officer.

(b) Office established; appointment and removal; compensation; officers in training.

(1) The village council hereby establishes the office of code enforcement officer. Such office shall be independent of other village departments, the code enforcement officer reporting directly to the mayor. Such office shall be filled by appointment by the mayor, by and with the consent of the village council. The compensation for such office shall be determined by the village council. The code enforcement officer shall serve at the direction of the mayor, and may be terminated by the mayor with council approval.

(2) The village council may authorize additional positions for code enforcement officers

in training. Such positions shall be subordinate to the code enforcement officer, and under the direct supervision of the code enforcement officer.

(c) Qualifications. The code enforcement officer shall be fully licensed and compliant with chapter 1952 of the Texas Occupations Code and 16 TAC chapter 62.


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(d) Duties. The code enforcement officer is fully empowered, to the extent permitted by law, to administer, investigate, and enforce all ordinances of the village. If the code enforcement officer determines that violation of an ordinance of the village has occurred, he or she shall notify the person or persons responsible for such violation and request that the violation(s) cease or corrective action be taken. If the complaint is not resolved to the satisfaction of the code enforcement officer, then he or she shall refer the complaint to the mayor and the village attorney for evaluation and possible prosecution in the village municipal court. (e) Authority to issue citations.

(1) Enforcement of the village’s ordinances, the zoning ordinance, the subdivision regulations, the building codes, and any and all applicable codes and ordinances within the village and the state shall be the responsibility of the code enforcement officer, any designated code enforcement officer or a licensed peace officer of the village.

(2) Any officer, as designated in this section, shall have the authority to issue citations

for any violation in accordance with the ordinances of the village, the zoning ordinance, the subdivision regulations, the building codes, and any and all other codes or ordinances of the village. If the person being cited is not present, the person designated hereunder may send the citation to the alleged offender by certified mail, return receipt requested. If a person who receives a citation by personal service or as provided under this subsection fails to appear on the return date of the citation, the court may issue a warrant for the person’s arrest for the violation described in the citation.

(3) It shall be unlawful for any person to interfere with any code enforcement officer in

the performance of his/her duties under this section and to enforce the ordinances of the village.

(Ordinance 2010-06-01, sec. II, adopted 6/7/10; Ordinance adopting Code) State law reference–Code enforcement officers, V.T.C.A., Occupations Code, ch. 1952.

ARTICLE 2.04 POLICE Sec. 2.04.001 Office of marshal abolished; duties conferred on county sheriff (a) The office of marshal in the village is hereby abolished and dispensed with. (b) The effective date of the abolishment of the office of marshal shall be November 12, 2001. (c) The duties of the marshal are hereby conferred upon the sheriff of the County of Travis, Texas, effective as of November 12, 2001.


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(d) The duties conferred upon the sheriff of Travis County shall be confirmed in the interlocal agreement to be entered into by and between the village and Travis County. (Ordinance 2001-09-03 adopted 9/4/01) State law reference–Abolition of office of marshal, V.T.C.A., Local Government Code, sec. 22.076. Sec. 2.04.002 Authority of county deputies (a) The county deputies providing law enforcement services under the interlocal cooperation agreement between the village and Travis County for law enforcement services are hereby vested with the same powers, rights and privileges as though such deputies were peace officers of the village. (b) The county deputies providing such law enforcement services under the agreement shall have the same jurisdiction during the performance of such services as though such deputies were peace officers of the village. (c) To the extent allowed by state law, the county deputies providing law enforcement services under the agreement are granted the authority under the Texas Local Government Code, the Texas Government Code, the Texas Code of Criminal Procedure, and the Texas Administrative Code applicable to peace officers of the village. (Ordinance 2001-12-01 adopted 12/3/01)

ARTICLE 2.05 FINANCES* Sec. 2.05.001 Fiscal year The fiscal year for the village shall be from October 1 of a year and ending on September 30 of the next succeeding year. (Ordinance 2001-01-01 adopted 1/2/01) State law reference–Authority of municipality to prescribe fiscal year, V.T.C.A., Local Government Code, sec. 101.042.

* State law reference–General financial authority of type A general-law municipalities, V.T.C.A., Local Government Code, sec. 101.001 et seq.

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CHAPTER 3

ANIMAL CONTROL ARTICLE 3.01 GENERAL PROVISIONS ................................................................................. 3-7 Sec. 3.01.001 Definitions ............................................................................................. 3-7 Sec. 3.01.002 Adoption of state law; dangerous animals and rabies control ............... 3-7 Sec. 3.01.003 Enforcement; penalties; standard fine ................................................... 3-7 Sec. 3.01.004 Schedule of fines ................................................................................... 3-8 Sec. 3.01.005 Fees........................................................................................................ 3-9 Sec. 3.01.006 Registration and vaccination of dogs..................................................... 3-9 ARTICLE 3.02 ADMINISTRATION........................................................................................ 3-12 Division 1. Generally............................................................................................................... 3-12 Sec. 3.02.001 Duties of animal control officer; impoundment regulations................ 3-12 Sec. 3.02.002 Training of animal control officer ....................................................... 3-13 Sec. 3.02.003 Reporting and quarantine of dogs suspected of having rabies ............ 3-13 Sec. 3.02.004 Handling of dogs exposed to rabies..................................................... 3-15 Sec. 3.02.005 Payment of fees, fines and costs by owner of impounded animal....... 3-15 Sec. 3.02.006 Procedure for dogs causing injury or death to another animal ............ 3-16 Division 2. Dangerous Dogs.................................................................................................... 3-16 Sec. 3.02.031 Determination that dog is dangerous................................................... 3-16 Sec. 3.02.032 Requirements for owner ...................................................................... 3-17 Sec. 3.02.033 Registration; notification of new address ............................................ 3-18 Sec. 3.02.034 Procedures for dangerous dog at large or attack by dangerous dog .... 3-19 ARTICLE 3.03 OFFENSES....................................................................................................... 3-19 Sec. 3.03.001 Unregistered dogs................................................................................ 3-19 Sec. 3.03.002 Unvaccinated dogs............................................................................... 3-19 Sec. 3.03.003 Dogs not wearing collar....................................................................... 3-20 Sec. 3.03.004 Dogs at large........................................................................................ 3-20 Sec. 3.03.005 Dogs that attack or threaten to attack .................................................. 3-20 Sec. 3.03.006 Physical control of dangerous dogs..................................................... 3-20 Sec. 3.03.007 Tethering of dogs................................................................................. 3-21 Sec. 3.03.008 Removal of waste ................................................................................ 3-21 Sec. 3.03.009 Dog nuisances...................................................................................... 3-21 Sec. 3.03.010 Interference with duties of animal control officer ............................... 3-22 Sec. 3.03.011 Cruelty to animals................................................................................ 3-22 Sec. 3.03.012 Confinement of animal in motor vehicle or trailer .............................. 3-22 Sec. 3.03.013 Poisoning of animals ........................................................................... 3-23 Sec. 3.03.014 Unreasonable noise.............................................................................. 3-23

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Point Venture Code of Ordinances Chapter 3: Animal Control

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ARTICLE 3.01 GENERAL PROVISIONS* Sec. 3.01.001 Definitions When used in this chapter, the definitions found in title 10 of the Texas Health and Safety Code shall apply. (Ordinance 2010-07-01, sec. II, adopted 7/7/10; Ordinance 2011-01-02, sec. II, adopted 1/3/11; Ordinance 2015-01-01, sec. II, adopted 1/14/15) Sec. 3.01.002 Adoption of state law; dangerous animals and rabies control To the extent permissible, the village hereby adopts the provisions of chapters 822 and 826 of the Texas Health and Safety Code, as may be amended from time to time by the legislature. If any conflict exists between this chapter and state statute, the state statute shall prevail. (Ordinance 2010-07-01, sec. III, adopted 7/7/10; Ordinance 2011-01-02, sec. III, adopted 1/3/11; Ordinance 2015-01-01, sec. III, adopted 1/14/15) State law references–Regulation of animals, V.T.C.A., Health and Safety Code, ch. 822; rabies, V.T.C.A., Health and Safety Code, ch. 826. Sec. 3.01.003 Enforcement; penalties; standard fine (a) Civil and criminal penalties. The village shall have the power to administer and enforce the provisions of this chapter as may be required by governing law. Any person violating any provision of this chapter is subject to suit for injunctive relief as well as prosecution for criminal violations. Any violation of this chapter is hereby declared to be a nuisance. (b) Criminal prosecution. Any person violating any provision of this chapter shall, upon conviction, be fined a sum not exceeding $500.00 plus court costs and administration fees as applicable. Each day that a provision of this chapter is violated shall constitute a separate offense. An offense under this chapter is a misdemeanor. (c) Civil remedies. Nothing in this chapter shall be construed as a waiver of the village’s right to bring a civil action to enforce the provisions of this chapter and to seek remedies as allowed by law, including but not limited to the following:

(1) Injunctive relief to prevent specific conduct that violates this chapter or to require specific conduct that is necessary for compliance with this chapter;

(2) A civil penalty up to $500.00 a day when it is shown that the defendant was actually

notified of the provisions of this chapter and after receiving notice committed acts in violation of this chapter or failed to take action necessary for compliance with this chapter; and

(3) Other available relief.

* State law references–Authority of governing body to regulate animals, V.T.C.A., Local Government Code, sec. 215.025 et seq.; health and safety of animals, V.T.C.A., Health and Safety Code, ch. 821 et seq.


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(d) Fees and fines; standard fine. Fees for registration and impoundment of dogs and fines for violations of the provisions of this chapter shall be the same as state law. If state law does not set a particular fine, and if a fine is not otherwise provided in this chapter, the standard fine for a violation of this chapter shall be two hundred and fifty dollars ($250.00). (Ordinance 2010-07-01, sec. VI, adopted 7/7/10; Ordinance 2011-01-02, sec. VI, adopted 1/3/11; Ordinance 2015-01-01, sec. VII, adopted 1/14/15) Sec. 3.01.004 Schedule of fines Fines for animal control violations are as follows. The animal control officer may issue warnings in lieu of citations and fines.

(1) Dog at large:

(A) 1st offense: $50.00.

(B) 2nd offense: $80.00.

(C) 3rd offense and thereafter: $120.00.

(2) Dog with no or expired village registration:

(A) 1st offense: $50.00 per month, per animal.

(B) 2nd offense: $75.00 per month, per animal.

(C) 3rd offense and thereafter: $100.00 per month, per animal, until registered.

(3) Dog without collar and tags:

(A) With proof of tags: $10.00.

(B) Without proof of tags (1st offense): $25.00.

(C) Without proof of tags (2nd offense): $50.00.

(D) Without proof of tags (3rd offense and thereafter): $75.00.

(4) No rabies vaccination:





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(5) Dangerous dog at large:



(6) Tying animal in public right-of-way:




(7) Dog nuisance violation:




(8) Dog defecating on property of another: $50.00.

(9) Failure to quarantine a dog: $30.00 - $500.00.

(10) Animal cruelty: $100.00.

(11) Poisoning of animals: $100.00. (Ordinance 2010-07-01, app. A, adopted 7/7/10; Ordinance 2011-01-02, app. A, adopted 1/3/11; Ordinance 2015-01-01, app. A, adopted 1/14/15; Ordinance adopting Code) Sec. 3.01.005 Fees Animal control fees are as set forth in the fee schedule in appendix A of this code. (Ordinance 2010-07-01, app. A, adopted 7/7/10; Ordinance 2011-01-02, app. A, adopted 1/3/11; Ordinance 2015-01-01, app. A, adopted 1/14/15; Ordinance adopting Code) Sec. 3.01.006 Registration and vaccination of dogs (a) Registration of dogs; dogs temporarily in village.

(1) Registration requirement. The owner of a dog that is over the age of four (4) months and located with the village limits shall register the dog with the village.


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(2) Vaccination and registration of visiting dogs. Any visitor who is the owner of a dog which is kept within the boundaries of the village for a period of thirty (30) days or less must have an up-to-date rabies vaccination with proof of vaccination available. If the visiting dog remains in the village for more than thirty (30) days then the owner must obtain a village permit and tag, and must ensure that the village tag along with the rabies tag is properly worn by the animal at all times for the remainder of the animal’s duration in the village.

(3) Registration certificate.

(A) The village shall issue a registration certificate to the owner of an animal

required to be registered under this section if the owner provides the village with the information necessary to complete the registration certificate and pays the village the full amount of the initial registration fees as determined by the council.

(B) Each registration certificate that the village issues shall state the following:

(i) The name, address, and telephone number of the owner of the animal;

(ii) The name, address, and telephone number of an alternate person

responsible for the animal (if requested by the owner);

(iii) The period for which the registration is issued;

(iv) A description of the animal for which the registration is issued;

(v) The name of the animal for which the registration is issued;

(vi) The number of the metal tag issued for the animal;

(vii) A record of any violations of this chapter involving the animal or the owner of the animal;

(viii) A photo of the animal must be submitted and will remain on file with the

ACO. Photos should be updated if there is a significant change in the animal’s appearance.

(C) The village shall not issue a registration certificate for a dog until the owner of

the animal provides the village with written proof of the animal’s current vaccination against rabies.

(D) The village shall retain a copy of each registration certificate it issues.

(4) Registration tag.

(A) The village shall issue a metal registration tag with a serial number plainly

inscribed thereon for each dog the village issues a registration certificate.

(B) The village shall deliver registration tags to the owners of registered dog when the village issues the registration certificate for the animal.


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(C) The owner of a dog required to be registered under this section shall attach the

registration tag provided by the village for the dog to a collar securely fixed about the neck of the registered dog.

(D) If the registration tag provided by the village under this subsection is lost or

destroyed, the owner of the registered dog shall apply to the village for a new tag by presenting the dog’s registration certificate and paying the fee prescribed by the council.

(5) Change of ownership of dog. Within (30) days of any change in ownership of a

registered dog under this section, the new owner shall transfer the dog’s registration certificate to his or her name.

(6) Registration fee.

(A) When the owner of a dog registers that dog, the owner will be required to pay a

registration fee. The amount of such shall be as established in the fee schedule in appendix A of this code.

(B) Registration can be for one-, two- or three-year terms dependent on the length

of rabies vaccination. The fee for each term can be found in the fee schedule in appendix A of this code.

(i) One-year term: Issued when the registered animal has received a one-

year rabies vaccination or has less than one [year] remaining on a three-year vaccination.

(ii) Two-year term: Issued when the registered animal has received a three

[year] rabies vaccination and has less than two years remaining on the vaccination.

(iii) Three-year term: Issued when the registered animal has received a three-

year rabies vaccination and has greater than two years remaining on the vaccination.

(7) Control of visitors’ dogs. Nonresident workers, service personnel or visitors

entering the village must obtain permission from the owner or person in control of the property before permitting a dog to enter upon any such property. Such workers, personnel, or visitors must ensure that their dogs have a current rabies tag and must keep their dog physically restrained to the premises or under direct physical control when working, performing a service or visiting.

(b) Rabies vaccination requirements.

(1) The owner of a dog within the village limits shall have that dog vaccinated against rabies before the dog is 4 months of age and verified once every twelve (12) months thereafter. It is understood and accepted that some rabies vaccinations are effective longer one (1) year; if so, this should be shown on the rabies tag information from the veterinarian.


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(2) The owner of a dog that is required to be vaccinated shall maintain and keep a vaccination certificate issued by a veterinarian evidencing the status of the animal’s rabies vaccination.

(Ordinance 2010-07-01, sec. III, adopted 7/7/10; Ordinance 2011-01-02, sec. III, adopted 1/3/11; Ordinance 2015-01-01, sec. IV, adopted 1/14/15) State law references–Registration of dogs and cats, V.T.C.A., Health and Safety Code, sec. 826.031 et seq.; rabies vaccinations, V.T.C.A., Health and Safety Code, sec. 826.021 et seq.

ARTICLE 3.02 ADMINISTRATION

Division 1. Generally Sec. 3.02.001 Duties of animal control officer; impoundment regulations (a) Designation of local rabies control authority. For purposes of this chapter, the animal control officer (ACO) is designated as the local health authority for the village. The ACO may delegate such authority to persons that he or she finds appropriate as needed to effectuate the provisions of this chapter. (Authority, Texas Health & Safety Code 826.017) (b) General duties of animal control officer. The ACO shall issue warnings or citations to owners of animals that own or keep animals in violation of this chapter. The ACO may impound animals that are owned or kept in violation of this chapter and take such dogs to the village kennels, and, as soon as practicable, notify the dog’s owner to claim the animal before the dog is delivered to the contract veterinarian. Any animal impounded under this chapter shall be supplied with sufficient wholesome food and water during the confinement. (c) Disposition of impounded animals. The owner or designee (permission in writing) must take custody of impounded animal(s) on or before 72 hours from the impound date or the animal(s) will become the property of the village. In the event the animal(s) are not picked up and/or no arrangements have been made within the 72-hour impoundment period, the owner is still liable for the charges and all expenses related to impounded animal(s) and the animal(s) could be subject to adoption or euthanasia if required. (d) Additional impoundment authority. The ACO is authorized and empowered to enter upon any land within the village limits and to use reasonable means to take up and impound:

(1) Any dog which in not being kept physically restrained from leaving the premises of its owner or handler;

(2) Any dog suspected of being infected with rabies;

(3) Any dangerous dog kept in violation of this chapter;

(4) Any dog known to have caused the injury or death of another domestic animal.


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(e) Duties regarding dogs that bite or scratch persons or domestic animals or exhibit rabid characteristics.

(1) The ACO shall investigate all reports and notifications regarding any dog that has bitten or scratched a person or another domestic animal and/or is suspected of being rabid;

(2) The ACO shall use reasonable means to immediately impound any dog he or she

believes is rabid or has exposed a person or another animal to rabies; and

(3) The ACO shall deliver impounded dogs that he or she believes are rabid or have exposed a person or another animal to rabies to the contract veterinarian to be quarantined and evaluated for at least ten (10) days.

(f) Collection of impoundment fees. The ACO or designated representative shall collect impoundment fees as specified by the village council, for all animals that are placed into impoundment. (g) Duties regarding persistently stray dogs. If a dog is found to be persistently at large with no registration and no owner can be identified, the ACO may impound the dog and transport it to a holding facility from which it can be reclaimed, adopted, or, as a last resort, euthanized. (Ordinance 2010-07-01, sec. V(A), adopted 7/7/10; Ordinance 2011-01-02, sec. V(A), adopted 1/3/11; Ordinance 2015-01-01, sec. VI(A), adopted 1/14/15) Sec. 3.02.002 Training of animal control officer The animal control officer shall comply with all training requirements set out by state law, including but not limited to those contained in chapter 829 of the Texas Health and Safety Code. (Ordinance 2011-01-02, sec. V(J), adopted 1/3/11; Ordinance 2015-01-01, sec. VI(J), adopted 1/14/15) Sec. 3.02.003 Reporting and quarantine of dogs suspected of having rabies (a) Citizen’s reporting of dogs that have bitten or scratched persons or shown rabid characteristics; duties of owner.

(1) Any person that is bitten or scratched or has knowledge of another person that is bitten or scratched by a dog in the village limits and reasonably believes that such bite or scratch could transmit rabies shall immediately report the incident to the ACO.

(2) Any person that suspects a dog has rabies in the village limits shall immediately

report the animal to the ACO. The penalty for violating this section shall be as established in section 3.01.004.

(3) The reports required under subsections (1) and (2) shall include the name and address

of any victim and of the dog’s owner, if known, and any other data which may aid in locating the victim or the animal.


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(4) The owner of an unvaccinated dog within the village limits that knows or suspects that his or her dog is rabid or has exposed a person or another animal to rabies, or to whom these conditions have been reported, shall, upon learning of such condition or exposure:

(A) Immediately confine the animal;

(B) Promptly notify the ACO of the place of confinement and the reasons for the

confinement;

(C) Prevent the dog from coming into contact with any person or other animal; and

(D) Submit the dog for quarantine to the ACO. (b) Procedures for veterinarian quarantine. At the request and expense of the animal’s owner, and with the consent of a veterinarian, quarantines required by this chapter may be conducted at facilities maintained by and under the supervision of a veterinarian other than the contract veterinarian if the veterinarian submits written reports to the ACO as to the dog’s health on the initial day of the quarantine and on the fifth (5th) and tenth (10th) days thereafter.

(1) If the veterinarian determines that a quarantined dog does not show the clinical signs of rabies, the dog may be released to its owner following the quarantine period if:

(A) The owner has an unexpired rabies vaccination certificate for the dog; or

(B) The dog is vaccinated against rabies by a veterinarian at the owner’s expense.

(2) The veterinarian shall not release any dog under this section until the ACO receives a

certificate signed by the veterinarian certifying that in his or her professional opinion the dog is free of transmissible rabies, and that it has been given any and all required rabies vaccinations.

(3) In the event any veterinarian confines any animal under the provisions of this section,

and the owner of such dog fails or refuses to claim the dog or fails to have any required vaccinations within three (3) days of the expiration of the quarantine period, the veterinarian shall release such dog into the custody of the village to be delivered to the contract veterinarian to be handled and disposed of in accordance with state law.

(4) If the veterinarian determines that a quarantined dog shows the clinical signs of

rabies, he or she shall report such fact to the ACO, who shall authorize the humane destruction of the dog.

(5) If a dog dies or is destroyed while in quarantine, the ACO shall authorize the removal

of the head or brain of the dog for submission to the department of state health services for testing.


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(c) Refusal or failure to present dog for rabies quarantine or testing. It is unlawful for any person to fail or refuse to quarantine or present for rabies testing a dog that is required to be placed into quarantine or for rabies testing as prescribed in this chapter. (Ordinance 2010-07-01, sec. V(B), adopted 7/7/10; Ordinance 2011-01-02, sec. V(B), adopted 1/3/11; Ordinance 2015-01-01, sec. VI(B), adopted 1/14/15) State law reference–Rabies reports and quarantine, V.T.C.A., Health and Safety Code, sec. 826.041 et seq. Sec. 3.02.004 Handling of dogs exposed to rabies (a) Not currently vaccinated animals which have been bitten or directly exposed by physical contact with a rabid animal or its fresh tissues shall be:

(1) Humanely killed; or

(2) If sufficient justification for preserving the dog exists, the exposed animal shall be immediately vaccinated against rabies, placed in strict isolation for ninety (90) days, and given booster vaccinations during the third (3rd) and eighth (8th) weeks of isolation. For young animals, additional vaccinations may be necessary to ensure that the animal receives a least two (2) vaccinations at or after the age prescribed by the United States Department of Agriculture for the vaccine administered.

(b) Currently vaccinated animals which have been bitten or otherwise significantly exposed to a rabid animal shall be:


(2) If sufficient justification for preserving the dog exists, the exposed vaccinated animal shall be given a booster rabies vaccination immediately and placed in strict isolation for forty-five (45) days.

(3) In situations where none of the requirements of this section are applicable, the

recommendations contained in the latest edition of the publication titled “The Compendium of Animal Rabies Control,” published by the National Association of State Public Health Veterinarians, should be followed.

(Ordinance 2010-07-01, sec. V(C), adopted 7/7/10; Ordinance 2011-01-02, sec. V(C), adopted 1/3/11; Ordinance 2015-01-01, sec. VI(C), adopted 1/14/15) State law reference–Quarantine of animals, V.T.C.A., Health and Safety Code, sec. 826.042; release or disposition of quarantined animal, V.T.C.A., Health and Safety Code, sec. 826.043. Sec. 3.02.005 Payment of fees, fines and costs by owner of impounded animal (a) The owner of any dog which has been impounded for rabies examination, treatment, or disposition pursuant to this chapter shall pay, in addition to the impoundment fees, all reasonable charges incurred by or on behalf of the village in connection with such examination, treatment, or disposition.


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(b) The owner of any impounded dog not wearing, at the time of such impoundment, a registration tag required by this chapter must provide satisfactory proof of the dog’s vaccination at the time the dog is claimed by the owner to the village before the village may release the dog. If the owner does not provide such vaccination proof to the village, the owner shall pay the village a reasonable vaccination fee in addition to the impoundment fees and fines so that the village may vaccinate the dog before releasing it to the owner. The owner shall also register the dog with the village if the dog has not been previously registered. (c) The village may not release any dog impounded under this chapter until the owner pays the village all applicable costs, fees, and fines. In the event an owner fails to claim its dog or refuses or fails to pay all applicable fees, the village may file a lawsuit against the owner to collect the costs, fees, and fines. (Ordinance 2010-07-01, sec. V(D), adopted 7/7/10; Ordinance 2011-01-02, sec. V(D), adopted 1/3/11; Ordinance 2015-01-01, sec. VI(D), adopted 1/14/15) Sec. 3.02.006 Procedure for dogs causing injury or death to another animal (a) A dog that is determined (using state law) by the ACO or peace officer to have caused injury or death to another domestic animal within the village limits may be impounded by the village ACO or the peace officer and delivered to the village contract veterinarian clinic and a court hearing set within thirty (30) days of the date of the incident to determine the disposition of the case. (b) Any dog found by the court to have injured or killed any domestic animal may be ordered to be destroyed by euthanization at the village contract veterinarian clinic. (c) The owner of the dog is responsible for all impound, euthanization, and disposal fees. (d) Any ACO or peace officer that witnesses a dog cause injury or death of another domestic animal is authorized to enter onto any land and destroy the dog on-site. (e) It is a defense if the animal injured or killed did enter an enclosure designed to keep the dog causing the injury or death on its own property and the injury or death occurred in that enclosure. (Ordinance 2010-07-01, sec. V(E), adopted 7/7/10; Ordinance 2011-01-02, sec. V(E), adopted 1/3/11; Ordinance 2015-01-01, sec. VI(E), adopted 1/14/15) Secs. 3.02.007–3.02.030 Reserved

Division 2. Dangerous Dogs* Sec. 3.02.031 Determination that dog is dangerous (a) If a person reports an incident in which a dog:

(1) Makes an unprovoked attack on a person that causes bodily injury and occurs in a place other than an enclosure in which the dog was being kept, and that was reasonably certain to prevent the dog from leaving the enclosure on its own; or

* State law reference–Dangerous dogs, V.T.C.A., Health and Safety Code, sec. 822.041 et seq.


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(2) Commits unprovoked acts in a place other than an enclosure in which the dog was

being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own, and those acts cause a person to reasonably believe that the dog will attack and cause bodily injury to that person;

then the animal control authority may investigate the incident. (b) If, after receiving the sworn statements of any witnesses, the animal control authority determines the dog is a dangerous dog, he/she shall notify the owner in writing of that fact. (c) An owner, not later than the 15th day after the date the owner is notified that a dog owned by the owner is a dangerous dog, may appeal the determination of the animal control authority to the municipal court. An owner may appeal the decision of the municipal court in the same manner as appeal for other cases from the municipal court. (Ordinance 2010-07-01, sec. V(F), adopted 7/7/10; Ordinance 2011-01-02, sec. V(F), adopted 1/3/11; Ordinance 2015-01-01, sec. VI(F), adopted 1/14/15) Sec. 3.02.032 Requirements for owner (a) Not later than the thirtieth (30th) day after a person learns that he/she is the owner of a dangerous dog, the person shall:

(1) Register the dog with the village as a dangerous dog and pay, in full, the registration fee as determined by the council;

(2) Restrain the dangerous dog at all times on a leash not longer than six (6) feet, in the

immediate control of a person on the owner’s property, or in a secure enclosure on the owner’s property; and

(3) Obtain liability insurance coverage or show financial responsibility in an amount of

at least $100,000.00 per dog to cover damages resulting from an attack by the dangerous dog causing bodily injury to a person and provide proof of the required liability insurance coverage or financial responsibility to the animal control authority for the area in which the dog is kept.

(b) The owner of a dangerous dog that does not comply with subsection (a) shall deliver the dog to the animal control authority not later than the thirtieth (30th) day after the owner learns that the dog is a dangerous dog. (c) If, on application of any person, a justice court, county court or municipal court finds, after notice and hearing, the owner of a dangerous dog has failed to comply with subsection (a) or (b) above, the court shall order the animal control authority to seize the dog and shall issue a warrant authorizing the seizure. The authority shall seize the dog or order its seizure and shall provide for the impoundment of the dog in secure and humane conditions.


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(d) The owner shall pay any cost or fee assessed by the village or county related to the seizure, acceptance, impoundment or destruction of the dog. Fees are as established by the village council and as set out in the fee schedule in appendix A of this code. (e) The court shall order the animal control authority to humanely destroy the dog if the owner has not complied with subsection (a) before the 11th day after the date on which the dog is seized or delivered to the authority. The court shall order the authority to return the dog to the owner if the owner complies with subsection (a) before the 11th day after the date on which the dog is seized or delivered to the authority. (f) The court may order the humane destruction of the dog if the owner of the dog has not been located before the fifteenth (15th) day after the seizure and impoundment of the dog. (g) For the purpose of this section, a person learns that the person is the owner of dangerous dog when:

(1) The owner knows of an attack described in section 3.02.031 (determination that a dog is dangerous);

(2) The owner receives notice that a justice court, county court or municipal court has

found that the dog is a dangerous dog under section 3.02.031 (determination that a dog is dangerous); or

(3) The owner is informed by the animal control authority that the dog is a dangerous

dog. (Ordinance 2010-07-01, sec. V(G), adopted 7/7/10; Ordinance 2011-01-02, sec. V(G), adopted 1/3/11; Ordinance 2015-01-01, sec. VI(G), adopted 1/14/15) Sec. 3.02.033 Registration; notification of new address (a) The village shall issue animal [annual] registration of the dangerous dog if the owner presents proof of:

(1) Liability insurance or financial responsibility;

(2) Current rabies vaccination of the dangerous dog; and

(3) A secure enclosure in which the dangerous dog will be kept. (b) If an owner of a registered dangerous dog sells or moves the dog to a new address, the owner, not later than the fourteenth (14th) day after the date of the sale or move, shall notify the village animal control officer of the new address where the dangerous dog is located. If the dog has been moved to a new jurisdiction, the owner of the dangerous dog and the village animal control officer shall notify the animal control authority in the new jurisdiction of the location of the dangerous dog. The penalty for violating this section shall be as established in section 3.01.004. (Ordinance 2010-07-01, sec. V(H), adopted 7/7/10; Ordinance 2011-01-02, sec. V(H), adopted 1/3/11; Ordinance 2015-01-01, sec. VI(H), adopted 1/14/15)


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Sec. 3.02.034 Procedures for dangerous dog at large or attack by dangerous dog (a) Any declared dangerous dog found to be at large, and not in the vicinity of the dog owner, shall, if possible, be impounded by the village animal control officer or a peace officer. If safety factors do not allow for the safe impoundment of the dangerous dog, the dangerous dog may be destroyed on-site by the village animal control officer or a peace officer.

(1) Upon impoundment of a dangerous dog by the village animal control officer, the dog shall be delivered to the village contract veterinarian or village kennel clinic and a court hearing set within ten (10) days of the date of the incident to determine the disposition of the case.

(2) It is the responsibility of the dangerous dog owner to pay all fees associated with the

impoundment and/or euthanization of the dog.

(3) Any dangerous dog found by the court to have been at large may be ordered to be destroyed by euthanization at the village contract veterinarian clinic.

(b) Any declared dangerous dog found to have committed an unprovoked attack on a person outside the dog’s enclosure and causing serious bodily injury or death shall be impounded by the village animal control officer or a peace officer and a court hearing set within ten (10) days of the date of the incident to determine the disposition of the case.

(1) If the owner of the dangerous dog is found guilty of an offense under this section, the court shall order the dangerous dog destroyed by euthanization at the village contract veterinarian clinic.


impoundment and/or euthanization of the dangerous dog. (Ordinance 2010-07-01, sec. V(I), adopted 7/7/10; Ordinance 2011-01-02, sec. V(I), adopted 1/3/11; Ordinance 2015-01-01, sec. VI(I), adopted 1/14/15)

ARTICLE 3.03 OFFENSES Sec. 3.03.001 Unregistered dogs It shall be unlawful for any person to own, harbor, or keep a dog over four (4) months of age for which the village has not issued a current and unrevoked registration certificate. The penalty for violating this section shall be as established in section 3.01.004. (Ordinance 2010-07-01, sec. IV(A), adopted 7/7/10; Ordinance 2011-01-02, sec. IV(A), adopted 1/3/11; Ordinance 2015-01-01, sec. V(A), adopted 1/14/15) Sec. 3.03.002 Unvaccinated dogs It shall be unlawful for any person to own, harbor or keep a dog over four (4) months of age that has not been vaccinated against rabies within the preceding twelve (12) months by a veterinarian. The penalty for violating this section shall be as established in section 3.01.004. (Ordinance 2010-07-01, sec. IV(B), adopted 7/7/10; Ordinance 2011-01-02, sec. IV(B), adopted 1/3/11; Ordinance 2015-01-01, sec. V(B), adopted 1/14/15)


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Sec. 3.03.003 Dogs not wearing collar It shall be unlawful for the owner of any dog regulated by this chapter to permit such dog to be off of the owner’s premises without a collar securely fastened to the dog. The penalty for violating this section shall be as established in section 3.01.004. (Ordinance 2010-07-01, sec. IV(C), adopted 7/7/10; Ordinance 2011-01-02, sec. IV(C), adopted 1/3/11; Ordinance 2015-01-01, sec. V(C), adopted 1/14/15) Sec. 3.03.004 Dogs at large It is unlawful for any person to allow a dog to run at large within the village limits. An exception is made for the Point Venture Property [Owners] Association park property, where dogs can be unleashed if under the supervision of their owner or caretaker. The dog must be kept at least 100 feet away from other people or domestic animals. If the distance from the dog to other people or domestic animals becomes less than 100 feet then the leash law requirements apply again and the dog is considered to be “at large” if left unleashed within 100 feet. The penalty for violating this section shall be as established in section 3.01.004. (Ordinance 2010-07-01, sec. IV(D), adopted 7/7/10; Ordinance 2011-01-02, sec. IV(D), adopted 1/3/11; Ordinance 2015-01-01, sec. V(D), adopted 1/14/15) State law reference–Restraint, impoundment and disposition of dogs and cats, V.T.C.A., Health and Safety Code, sec. 826.033. Sec. 3.03.005 Dogs that attack or threaten to attack It is unlawful for any owner of a dog within the village limits to allow the same to attack or bite a person or domestic animal (that lawfully has the right to be where he, she, or it is) without provocation and off of the owner’s premises. It is unlawful for the owner to allow the dog to commit acts that cause a person to reasonably believe that the dog will attack and cause bodily harm to the person or domestic animal (that lawfully has the right to be where he, she or it is). The penalty for violating this section shall be as established in section 3.01.004. (Ordinance 2010-07-01, sec. IV(E), adopted 7/7/10; Ordinance 2011-01-02, sec. IV(E), adopted 1/3/11; Ordinance 2015-01-01, sec. V(E), adopted 1/14/15) Sec. 3.03.006 Physical control of dangerous dogs It shall be unlawful for the owner of any dangerous dogs to fail to directly physically control the dangerous dog at all times. For purposes of this section, “directly physically control” means to either control by leash, cord, chain, or other similar means of physical restraint of a maximum length of six (6) feet (when the animal is on the owner’s premises), or to confine said animal within an enclosure adequately constructed and maintained to ensure continuous physical restraint, or in such other manner as to ensure that the animal does not leave the owner’s premises. (Ordinance 2010-07-01, sec. IV(F), adopted 7/7/10; Ordinance 2011-01-02, sec. IV(F), adopted 1/3/11; Ordinance 2015-01-01, sec. V(F), adopted 1/14/15) State law reference–Requirements for owner of dangerous dog, V.T.C.A., Health and Safety Code, sec. 822.042.


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Sec. 3.03.007 Tethering of dogs (a) Except as provided in subsection (b), a person may not restrain a dog with a chain or tether unless the person is holding the chain or tether. Tethering in the front yard is always discouraged, especially if the dog is left unattended and a nuisance to people’s right to walk down the street. (b) The prohibition of subsection (a) does not apply to temporary restraint:

(1) During a lawful animal event, veterinary treatment, grooming, training, or law enforcement activity; or

(2) That is required to protect the safety or welfare of a person or the dog, if the dog’s

owner or handler remains with the dog throughout the period of restraint. (c) A person restraining a dog with a chain or tether shall attach the chain or tether to a properly fitting collar or harness worn by the dog. A person may not wrap a chain or tether directly around a dog’s neck. A person may not restrain a dog with a chain or tether that weighs more than 1/18 of the dog’s body weight. A chain or tether used to restrain a dog must, by design and placement, be unlikely to become entangled. (d) A person may not restrain a dog in a manner that does not allow the dog to have access to necessary shelter and water. (e) A person may not restrain a dog in a manner that allows the dog to move outside the person’s property. (Ordinance 2010-07-01, sec. IV(G), adopted 7/7/10; Ordinance 2011-01-02, sec. IV(G), adopted 1/3/11; Ordinance 2015-01-01, sec. V(G), adopted 1/14/15) State law reference–Unlawful restraint of dog, V.T.C.A., Health and Safety Code, sec. 821.076 et seq. Sec. 3.03.008 Removal of waste It is unlawful for any owner of a dog within the village limits to permit or allow that animal to defecate upon any public place or upon any improved property not owned or controlled by the dog’s owner, unless such waste is promptly removed by the owner; however, nothing herein contained authorizes such person to enter upon the private property of another without permission. (Ordinance 2010-07-01, sec. IV(H), adopted 7/7/10; Ordinance 2011-01-02, sec. IV(H), adopted 1/3/11; Ordinance 2015-01-01, sec. V(H), adopted 1/14/15) Sec. 3.03.009 Dog nuisances It shall be unlawful for any person to own, keep, or harbor a dog in such a way that creates a dog nuisance as defined in this chapter. (Ordinance 2010-07-01, sec. IV(I), adopted 7/7/10; Ordinance 2011-01-02, sec. IV(I), adopted 1/3/11; Ordinance 2015-01-01, sec. V(I), adopted 1/14/15)


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Sec. 3.03.010 Interference with duties of animal control officer It is unlawful for any person to knowingly and intentionally interfere with the village animal control officer while in the lawful discharge of his/her duties as prescribed in this chapter. (Ordinance 2010-07-01, sec. IV(J), adopted 7/7/10; Ordinance 2011-01-02, sec. IV(J), adopted 1/3/11; Ordinance 2015-01-01, sec. V(J), adopted 1/14/15) Sec. 3.03.011 Cruelty to animals It shall be unlawful for any person to knowingly or intentionally overdrive, overload, overwork, torture, torment, deprive of necessary sustenance, unnecessarily or cruelly beat, needlessly mutilate, needlessly kill, carry or confine in or upon any vehicle in cruel or reckless manner, or otherwise mistreat or neglect any animal or cause or procure it to be done, or, having the charge or custody of any animal, fail to provide it with proper food, drink, or protection from the weather or abandon it. The penalty for violating this section shall be as established in section 3.01.004. (Ordinance 2010-07-01, sec. IV(K), adopted 7/7/10; Ordinance 2011-01-02, sec. IV(K), adopted 1/3/11; Ordinance 2015-01-01, sec. V(K), adopted 1/14/15) State law references–Cruelty to livestock animals, V.T.C.A., Penal Code, sec. 42.09; cruelty to nonlivestock animals, V.T.C.A., Penal Code, sec. 42.092. Sec. 3.03.012 Confinement of animal in motor vehicle or trailer (a) It shall be unlawful for any person having charge or custody of an animal, as owner or otherwise, to place or confine such animal or allow such animal to be placed or confined or to remain in a motor vehicle or trailer under such conditions for such period of time as may endanger the health or well-being of such animal due to heat, lack of food or water or such other circumstances as may reasonably be expected to cause suffering, disability or death. The penalty for violating this section shall be as established in section 3.01.004. (b) Any police officer or animal control officer finding an animal in a motor vehicle or trailer in violation of this section is authorized to obtain a locksmith or break and enter the vehicle or trailer, at the owner’s expense if necessary, to remove the animal. Neither the individual police officer, the animal control officer nor the village shall be liable for any resulting damage to the vehicle or trailer. (c) Removed animals will be impounded at the animal control shelter for safekeeping. Owners may reclaim their animals upon payment of all reasonable charges or fees that accrue for removal and maintenance of the animal plus impoundment fees. (d) At the time the animal is removed from the vehicle or trailer, the officer shall leave a written notice bearing his/her name and office and the address where the animal may be claimed. The animal will be retained for three (3) days, and if not claimed will be disposed of by adoption or, if that is not feasible, euthanasia by a licensed veterinarian. (Ordinance 2010-07-01, sec. IV(L), adopted 7/7/10; Ordinance 2011-01-02, sec. IV(L), adopted 1/3/11; Ordinance 2015-01-01, sec. V(L), adopted 1/14/15)


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Sec. 3.03.013 Poisoning of animals It shall be unlawful for any person to poison any dog, cat or other domestic pets or to distribute poison in any manner whatever with the intent or for the purpose of poisoning any dog, cat or other domestic pets. The penalty for violating this section shall be as established in section 3.01.004. (Ordinance 2010-07-01, sec. IV(M), adopted 7/7/10; Ordinance 2011-01-02, sec. IV(M), adopted 1/3/11; Ordinance 2015-01-01, sec. V(M), adopted 1/14/15) Sec. 3.03.014 Unreasonable noise It shall be unlawful for any person to keep or harbor a dog that disturbs the comfort, physical senses, health or well-being of another person, or that interferes with another person’s enjoyment or rightful use of his property. Unreasonable barking, howling, or screeching noises are defined as a nuisance whether the animal is on the owner’s premises or not. Barking shall not be deemed a nuisance if a person is trespassing or threatening to trespass upon private property in which the dog is kept. (Ordinance 2010-07-01, sec. IV(N), adopted 7/7/10; Ordinance 2011-01-02, sec. IV(N), adopted 1/3/11; Ordinance 2015-01-01, sec. V(N), adopted 1/14/15)

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CHAPTER 4

BUILDING REGULATIONS ARTICLE 4.01 GENERAL PROVISIONS ................................................................................. 4-7 ARTICLE 4.02 BUILDING OFFICIAL AND ASSISTANT BUILDING OFFICIAL............... 4-7 Sec. 4.02.001 Purpose .................................................................................................. 4-7 Sec. 4.02.002 Powers and duties .................................................................................. 4-7 Sec. 4.02.003 Qualifications ........................................................................................ 4-8 Sec. 4.02.004 Appointment .......................................................................................... 4-8 Sec. 4.02.005 Term ...................................................................................................... 4-8 Sec. 4.02.006 Removal................................................................................................. 4-8 Sec. 4.02.007 Appeal of decisions ............................................................................... 4-9 ARTICLE 4.03 CONSTRUCTION CODES AND STANDARDS............................................. 4-9 Sec. 4.03.001 Statement of purpose; enforcement; penalty ......................................... 4-9 Sec. 4.03.002 Codes adopted ....................................................................................... 4-9 Sec. 4.03.003 General provisions applicable to all construction and improvement activity......................................................................... 4-10 Sec. 4.03.004 Application requirements .................................................................... 4-12 Sec. 4.03.005 Approval process ................................................................................. 4-13 Sec. 4.03.006 Construction ........................................................................................ 4-14 Sec. 4.03.007 House elevation and location, survey, building codes......................... 4-16 Sec. 4.03.008 Plans and specifications....................................................................... 4-17 Sec. 4.03.009 Utilities; inspections; and occupancy .................................................. 4-18 Sec. 4.03.010 Inspection fees ..................................................................................... 4-21 Sec. 4.03.011 General contractor cash bond .............................................................. 4-21 Sec. 4.03.012 Swimming pools, spas, and hot tubs ................................................... 4-22 ARTICLE 4.04 SUBSTANDARD BUILDINGS ...................................................................... 4-22 Sec. 4.04.001 Title ..................................................................................................... 4-22 Sec. 4.04.002 Purpose ................................................................................................ 4-23 Sec. 4.04.003 Definitions ........................................................................................... 4-23 Sec. 4.04.004 Declaration of nuisance ....................................................................... 4-24 Sec. 4.04.005 Inspections........................................................................................... 4-24 Sec. 4.04.006 Notice of violation............................................................................... 4-24 Sec. 4.04.007 Standards ............................................................................................. 4-25 Sec. 4.04.008 Hearing ................................................................................................ 4-25 Sec. 4.04.009 Issuance of order.................................................................................. 4-26 Sec. 4.04.010 Additional notice requirements ........................................................... 4-26 Sec. 4.04.011 Appeals................................................................................................ 4-27 Sec. 4.04.012 Failure to comply with order; performance of work by village........... 4-27 Sec. 4.04.013 Lien for expenses incurred by village.................................................. 4-28 Sec. 4.04.014 Enforcement; penalties ........................................................................ 4-29 Sec. 4.04.015 Liability ............................................................................................... 4-29

Point Venture Code of Ordinances Chapter 4: Building Regulations

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ARTICLE 4.05 FLOOD DAMAGE PREVENTION ................................................................ 4-30 Division 1. Generally............................................................................................................... 4-30 Sec. 4.05.001 Findings of fact.................................................................................... 4-30 Sec. 4.05.002 Statutory authorization ........................................................................ 4-30 Sec. 4.05.003 Statement of purpose ........................................................................... 4-30 Sec. 4.05.004 Methods of reducing flood losses........................................................ 4-31 Sec. 4.05.005 Definitions ........................................................................................... 4-31 Sec. 4.05.006 Lands to which this article applies ...................................................... 4-36 Sec. 4.05.007 Basis for establishing areas of special flood hazard ............................ 4-36 Sec. 4.05.008 Establishment of development permit ................................................. 4-36 Sec. 4.05.009 Compliance.......................................................................................... 4-36 Sec. 4.05.010 Abrogation and greater restrictions ..................................................... 4-36 Sec. 4.05.011 Interpretation ....................................................................................... 4-37 Sec. 4.05.012 Warning and disclaimer of liability ..................................................... 4-37 Sec. 4.05.013 Enforcement; penalties ........................................................................ 4-37 Division 2. Administration ...................................................................................................... 4-38 Sec. 4.05.041 Designation of floodplain administrator.............................................. 4-38 Sec. 4.05.042 Duties and responsibilities of floodplain administrator....................... 4-38 Sec. 4.05.043 Permit procedures................................................................................ 4-39 Sec. 4.05.044 Variance procedures ............................................................................ 4-40 Division 3. Flood Hazard Reduction Standards ...................................................................... 4-41 Sec. 4.05.071 General standards ................................................................................ 4-41 Sec. 4.05.072 Specific standards................................................................................ 4-42 Sec. 4.05.073 Standards for subdivision proposals.................................................... 4-44 Sec. 4.05.074 Standards for areas of shallow flooding (AO/AH zones).................... 4-45 ARTICLE 4.06 OUTBUILDINGS............................................................................................. 4-45 Sec. 4.06.001 Definition............................................................................................. 4-45 Sec. 4.06.002 Enforcement; penalties ........................................................................ 4-46 Sec. 4.06.003 Outbuildings prohibited for new residences........................................ 4-46 Sec. 4.06.004 Permit .................................................................................................. 4-46 Sec. 4.06.005 Design and construction standards; usage and occupancy .................. 4-47 Sec. 4.06.006 Appeals................................................................................................ 4-48 ARTICLE 4.07 BUILDING HEIGHT AND ANTENNA FACILITIES ................................... 4-48 Sec. 4.07.001 Title ..................................................................................................... 4-48 Sec. 4.07.002 Purpose ................................................................................................ 4-48 Sec. 4.07.003 Applicability........................................................................................ 4-49 Sec. 4.07.004 Definitions ........................................................................................... 4-49 Sec. 4.07.005 Provisions cumulative ......................................................................... 4-52 Sec. 4.07.006 Enforcement; penalties ........................................................................ 4-52 Sec. 4.07.007 Conditional use permit for antenna facilities....................................... 4-52 Sec. 4.07.008 Standards for antenna facilities ........................................................... 4-54 Sec. 4.07.009 Co-location requirements for antenna facilities; stealth facilities ....... 4-57 Sec. 4.07.010 Receive-only antenna facilities............................................................ 4-58 Sec. 4.07.011 Variances ............................................................................................. 4-58

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ARTICLE 4.01 GENERAL PROVISIONS

(Reserved)

ARTICLE 4.02 BUILDING OFFICIAL AND ASSISTANT BUILDING OFFICIAL Sec. 4.02.001 Purpose The purpose of this article is to abolish the building commission and to transfer the powers granted to that body to the building official. The purpose of this article is also to further provide for orderly and safe development within the village’s corporate boundaries (i.e., village limits). This article is adopted so that the building official may advise and assist the village council so to promote the public health, safety morals and general welfare, and protect the public interest and preserve the safety of village residents and guests. (Ordinance 2008-08-04, sec. 2, adopted 8/4/08; Ordinance 2015-03-01, sec. 2, adopted 3/4/15) Sec. 4.02.002 Powers and duties (a) Building commission abolished; powers transferred to building official. The building commission for the village is hereby abolished and its powers transferred to the building official. (b) Assistant building official. The mayor shall designate a village employee to serve as assistant building official. The assistant building official shall have all the powers and duties of the building official and may take any action available to the building official if for any reason the building official is absent or unable or unwilling to serve. (c) Advisory duties; administration and enforcement of construction codes. The building official shall recommend building codes, electrical codes, plumbing codes, mechanical codes, energy conservation codes, and other development standards and regulations for consideration by the village council. The building official shall also recommend amendments as needed. As directed by the village council, the building official shall also assist with the administration and enforcement of the construction codes adopted by the village council. (d) Permitting functions. The building official will review applications for building permits and other permits designated by the village council. The building official will confer with applicants regarding the village’s permitting procedures and regulations. The building official will approve or deny all applications for building permits. (e) Variances.

(1) The building official may grant variances for those regulations over which the building official has express authority. Variances may only be granted following a public meeting and in instances where the building official makes written findings regarding the following:

(A) The variance is not contrary to the public interest;


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(B) Due to special conditions, a literal enforcement of the regulation would result in an unnecessary hardship; and

(C) The spirit of the ordinance is observed and substantial justice is done.

(2) Financial hardship alone does not necessarily qualify as undue hardship for purposes

of granting a variance. (Ordinance 2008-08-04, sec. 3, adopted 8/4/08; Ordinance 2015-03-01, sec. 3, adopted 3/4/15) Sec. 4.02.003 Qualifications (a) Building official. The building official shall be an independent advisor to the village council, and shall be appointed by the majority vote of the village council. To the extent reasonably possible, the building official is required to have experience or education in the area of construction or land development. (b) Assistant building official. The assistant building official shall be a member of the village staff. The assistant building official must be in a position to advise the building official and provide necessary institutional support for the position. (Ordinance 2008-08-04, sec. 4, adopted 8/4/08; Ordinance 2015-03-01, sec. 4, adopted 3/4/15) Sec. 4.02.004 Appointment The building official shall be appointed by majority vote of the council. If a vacancy occurs, the village council may appoint a person to fill the unexpired term. The assistant shall be designated by the mayor. (Ordinance 2008-08-04, sec. 5, adopted 8/4/08; Ordinance 2015-03-01, sec. 5, adopted 3/4/15) Sec. 4.02.005 Term (a) Building official. The building official’s term shall be two (2) years commencing and ending on a date specified by the council. In the event the council fails to reappoint the building official to a new term and he or she holds over and continues to serve in the same position, his or her acts shall be presumed valid as the acts of an officer de facto. If he or she continues to hold over for ninety (90) days without action of the council to reappoint or replace him or her, he or she shall be considered to be an officer de jure for the remainder of the applicable term as though reappointed by the council. (b) Assistant building official. The assistant building official will serve at the pleasure of the mayor and the building official, or as long as he or she continues to be a part of the village staff. (Ordinance 2008-08-04, sec. 6, adopted 8/4/08; Ordinance 2015-03-01, sec. 6, adopted 3/4/15) Sec. 4.02.006 Removal The village council may by majority vote remove either the building official or the assistant building official, with or without cause, including but not limited to lack of confidence, incompetence, corruption, misconduct, or malfeasance. (Ordinance 2008-08-04, sec. 7, adopted 8/4/08; Ordinance 2015-03-01, sec. 7, adopted 3/4/15)


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Sec. 4.02.007 Appeal of decisions Decisions of the building official or the assistant may be appealed in writing to the village council. All such appeals must be submitted in writing to the village secretary no later than ten (10) business days following the contested action. (Ordinance 2008-08-04, sec. 8, adopted 8/4/08; Ordinance 2015-03-01, sec. 8, adopted 3/4/15)

ARTICLE 4.03 CONSTRUCTION CODES AND STANDARDS Sec. 4.03.001 Statement of purpose; enforcement; penalty (a) All village ordinances relating to construction and building structures are administered and enforced by the village building official/assistant building official. In order to facilitate an orderly and efficient process for the review of permit applications and inspections of permitted construction, the building official/assistant building official has promulgated these building guidelines, which summarize the village’s ordinances related to construction and building structures. (b) Violation of article; penalty.

(1) Upon failure of the owner or builder to comply with any of the provisions stated within any of the village ordinances, the building official/assistant building official has the authority to stop construction until the violation has been rectified. Notice of noncompliance will be conveyed to the owner by certified mail and a stop work order will be posted at the construction site. Failure to comply with the village’s ordinances and/or failure to cease all construction upon posting of a stop work order is a violation of the village’s ordinances and may subject the violator to criminal prosecution and/or civil liability.

(2) Any person violating any provision of this article shall, upon conviction, be fined a

sum in accordance with the general penalty provided in section 1.01.009 of this code, plus court costs and administration fees, as applicable. Each day that a provision of this article is violated shall constitute a separate offense. An offense under this article is a class C misdemeanor.

(Ordinance 2017-12-02, sec. 1.01, adopted 12/13/17; Ordinance adopting Code) Sec. 4.03.002 Codes adopted (a) All construction and improvements made within the village shall strictly adhere to the following International Codes, as adopted by the International Code Council and/or the state, and the National Electric Code, except as otherwise provided immediately below:

(1) International Building Code (2012 ed.);

(2) International Residential Code (2012 ed.);


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(3) National Electrical Code (2011 ed.);

(4) International Plumbing Code (2012 ed.);

(5) International Mechanical Code (2012 ed.);

(6) International Energy Conservation Code (2012 ed.), except that subsection R402.4.1.2, “Testing” shall not apply;

(7) International Fuel Gas Code (2012 ed.); and

(8) International Fire Code (2012 ed.)

(b) In the event of conflict between the provisions of this section and other ordinances of the village, the more stringent provision shall apply. (c) Only the provisions of this article that are not expressly prohibited by state or other law are intended to be adopted. In the event that the state, by statute, has adopted an edition of the forgoing codes that is older than the most recent edition, the edition adopted by the state shall be enforced. (Ordinance 2017-12-02, sec. 1.02, adopted 12/13/17) Sec. 4.03.003 General provisions applicable to all construction and improvement activity (a) Each proposed building, dwelling or other structure within the village must have a building permit issued by the village before any construction work is done on site. In order to obtain a building permit, the property owner must submit the items required under section 4.03.004 below to the building official/assistant building official. (b) The maximum height for any new building or other structure, or the modification of any building or other structure that increases the existing height of such building or other structure, does not exceed twenty-eight feet (28') when measured from the highest parapet or roof ridge to the highest point on the lot. (c) A building permit and a builder’s bond are required, ref section 4.03.011 below. It is valid for one year, then must be extended or reapplied for. (d) All construction sites must be adequately surrounded by silt fencing to control runoff from the construction site. Silt fencing installations shall strictly adhere to the standards provided by the Lower Colorado River Authority (LCRA) publication “Erosion and Sediment Control: A Guide for Individual Building Sites” (2010). (e) The installation and/or use of water wells and/or septic systems is prohibited. Applicants shall comply with the water and sewer connection regulations provided by Travis County Water Control Improvements District (WCID).


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(f) No structure, nor appurtenance thereof, may be built, or relocated below 723' MSL without the permittee having first received a floodplain development permit, as required under Ordinance 2009-11-01 [codified as article 4.05], or a variance as provided therein. (g) Construction, construction materials, and all related activity, materials, and items of any nature, are strictly prohibited in the public right-of-way. The public right-of-way includes, but is not limited to streets, utility, drainage, and/or other easements. (h) Applicants proposing to construct or improve a townhouse shall submit plans and specifications for said construction or improvements to the Board of Directors of Point Venture Townhouse, Inc. (PVTHI). Upon approval by that board, the manager of the PVTHI will forward the application to the village office for submittal to the PVPOA-ACC for approval. Approval of both the Board of Directors of the PVTHI and the PVPOA-ACC is required for construction of/or improvements to all townhouses. (i) Underground springs may be present in the type of subsurface formations which underlie the village. State law requires an engineering study of the site prior to construction in order to assure protection of the foundation from the deteriorating effects of this natural erosion element. (j) Prior approval by the village building official/assistant building official is required for the design and construction of swimming and boat docks. The owner of a townhouse shall apply first to the Board of Directors of PVTHI for approval. No boat dock will be approved for installation at/on an unimproved property (i.e., no vacant lots). Storage areas, restrooms, and air conditioning installed are prohibited on boat docks. Use of a boat dock for sleeping or camping is prohibited. A floodplain development application must be submitted with the plans, and approved by the floodplain administrator. The permit is valid for one year, then must be extended or reapplied for. (k) Abandonment of a project shall be deemed to occur if either:

(1) There is no construction activity within a consecutive 90-day period; or (2) The project has not been completed within 365 days, and no application for an

extension of time has been submitted to the village building official/assistant building official.

(l) No decks or patios may be constructed without a permit. Applicants shall submit to the village plans as to material to be used, color, location on property, type, and highest elevation in regard to the house being built. No deck or patio will be approved with the deck flooring higher than the highest finished floor in the house. All decks must be approved by the PVPOA-ACC and by the village building official/assistant building official. “Proposed” or “future” decks described on original building plans will not be approved; and applications for such must be submitted at the time the owner intends to commence construction on such decks, in the manner provided in this article. (Ordinance 2017-12-02, sec. 1.03, adopted 12/13/17)


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Sec. 4.03.004 Application requirements (a) Quick permitting. Quick permits are issued on all qualifying minor projects that do not require items from subsection (b). The following improvements require the submittal of an application, all required fees, and acquisition of appropriate permitting, prior to commencement of work:

(1) Water heater replacement.

(2) Roof replacement.

(3) Deck additions.

(4) Boat docks.

(5) Swimming pools, hot tubs, and fountains deeper than 24".

(6) Driveways. (b) Regular, full permitting. For new construction and major remodeling projects, applicants shall submit three full sets of certified working drawings and specifications, with each page signed and dated by a licensed architect, designer or engineer, plus:

(1) All required site elevations. (See section 4.03.007(b), below);

(2) Details of all exterior materials, including samples of paint color, roofing and exterior finish;

(3) All protrusions beyond the building envelope, including patios, decks, swimming

pools, antennae;

(4) Inspection fees, general contractors cash bond, and building permit fees for lots upon which construction will occur; (please see fee schedule);

(5) A registered survey by a licensed surveyor, dated within twelve (12) months of

submission, showing required elevations (Refer to survey, section 4.03.007(a) below), including a plot plan, (footprint);

(6) A foundation plan, certified by a registered professional engineer, and a culvert

design;

(7) Floor plans;

(8) Electrical plan;

(9) Roof and ceiling framing plans;

(10) Typical cross section;


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(11) Culvert/drainage plan;

(12) ResCheck energy calculations in accordance with IECC;

(13) A profile of any excavation or cut-in work, including dimensions and specifications of the required retaining wall(s), including material to be used, with adequate drainage plan and proper safety/barrier fence(s) on top. Any retaining wall 4 ft. and higher must have an engineer design/and completion letter;

(14) A copy of occupational licenses/certifications, issued by the state, for all electricians,

plumbers and HVAC mechanical contractors;

(15) Verification of electrical hook-ups from PEC and water/sewer hook-ups from WCID-Point Venture, or verification that generators and water tanks will be on site;

(16) Written approval from the PVPOA-ACC, indicating the proposed project complies

with all applicable PVPOA-ACC rules and requirements;

(17) If any portion of the property is located in the floodplain, a floodplain development permit application must be submitted for approval before work is begun. It is valid for one year. An elevation certificate is required before, during and at the final inspection, when construction is complete.

(c) Major remodeling projects. Any remodeling, repairs, or additions that do not qualify for the quick permit are considered major remodeling. Major remodeling projects may or may not involve changes to the electrical, plumbing, mechanical or structural elements. Inspection fees may be required depending on type of work to be performed. Submitted documentation and inspection schedules may be modified by the building official/assistant building official or approved representative. (d) Resubmittal fee. If there are any changes to an originally approved new construction or major remodeling plan involving electrical, plumbing or structural changes, there will be a resubmittal fee, depending upon the scope of the change (to be determined by the building official/assistant building official), and possible corresponding additional inspection fees. (Ordinance 2017-12-02, sec. 1.04, adopted 12/13/17) Sec. 4.03.005 Approval process (a) Submittal of plans and specifications to building official/assistant building official. All required documents and information identified in section 4.03.004(b), above, shall be submitted to the village no later than thirty (30) days prior to the date construction commences. (b) Plans; approval and rejection.

(1) Approval of applications shall be based on the village’s findings of strict compliance with all applicable ordinances, building codes, and prior approval by the PVPOA-ACC, as described in section 4.03.004(b)(16), above. Reason(s) for rejection of a submittal will be given in writing.


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(2) Rejection. In the event the building official/assistant building official rejects an application, all three copies of disapproved plans will be returned to the applicant.

(3) Approval. Upon approval of an application, one copy of the associated plans will be

kept in the permanent files of the village; and one copy will be retained by the village’s designated building inspector for inspection purposes. Applicants will be notified of the approval, and building permits will be available to be signed and picked up in the village office.

(4) Upon approval of a building permit, such building permit shall expire if

commencement of approved construction has not begun within ninety (90) days of issuance of such permit or if approved construction has not been completed within one (1) year. Additionally, an approved building permit shall expire if, following commencement of construction and prior to completion of construction, construction ceases for a period of ninety (90) consecutive days. No construction on a project for which a building permit has expired may be conducted or continued unless a new permit is applied for and issued by the village for that project.

(5) If, for whatever reason, an application is rejected and an applicant fails to make

necessary corrections for re-review and approval, or if a permit is issued and subsequently expires, applicants shall forfeit any permit fees paid. At that time, the village will retain any inspection fees incurred, plus an administrative fee, and a plan review fee, and refund the remainder to the applicant. The village will retain materials submitted in connection with an application for thirty (30) days following a rejection. Thereafter, the village may retain or destroy said materials.

(Ordinance 2017-12-02, sec. 1.05, adopted 12/13/17) Sec. 4.03.006 Construction (a) Site clearing. No digging or site clearing is allowed other than core samples for the foundation engineering. If any portion of the subject property lies within the floodplain, a floodplain permit application must be submitted for any alterations to the property. Burning brush or trash is strictly prohibited, and is a violation of Ordinance 2012-08-01 [codified as article 7.04]. Burning any material of any nature constitutes grounds for prosecution and revocation of all permits held by the violator and/or his/her supervisors or assignees. (b) Commencement and completion of construction.

(1) Completion. Construction may begin immediately upon issuance of applicable permits. Each project must be completed within twelve (12) months from the start of the project.

(2) Sanitary facilities. Portable toilet facilities and construction trash containers must be

in place on the site at the time construction work is commenced, and must be removed when construction is completed. Such facilities shall not be placed in the right-of-way. Permittees shall make a good faith effort to screen sanitary facilities from public view, to the extent practicable, provided that the building official/assistant may direct permittees to relocate such facilities to a location the building official/assistant finds appropriate on the project site.


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(3) Safety fence. A “safety fence” must be erected around the perimeter of the lot during construction, with one opening sufficient in size for safe ingress and egress of personnel and vehicles. “Safety fence” means a lightweight, strong, mesh, highly visible barrier, typically orange in color, typically of polyethylene or plastic material, commonly used for construction sites, delineation, and crowd control or as a visual barrier, capable of containing litter within its interior.

(4) Noise control. Construction starting and ending times are as follows: Monday

through Friday starting at 7:00 a.m. and ending no later than 7:00 p.m. On Saturday, Sunday and holidays, work shall not start until 9:00 a.m. and must end no later than 7:00 p.m.

(c) Premises during construction.

(1) During the period of construction, the premises of the building site shall be kept free of trash and debris in as orderly and neat a condition as possible, using trash receptacles provided by owner or owner’s contractor. Site condition is subject to periodic inspection by the building official/assistant building official. It is the responsibility of the owner/builder to see that roads and streets adjoining the building site are maintained free of debris (e.g. wood scraps, gravel, trash, rock and mud) originating from the property on which he is building.

(2) No equipment or materials may be placed, stored or housed on lots adjoining the

building site, nor may roads be made through other lots to obtain ingress or egress to or from the building site, nor may vehicles be parked on adjoining lots without specific written permission from the owners of those lots. Storing, placing, or in any way intruding on neighboring properties without prior written approval from the neighboring property owner(s) and the village building official shall constitute an offense under this article.

(3) During construction, where topography requires it, a stabilized driveway, including a

culvert approved as to size, and a suitable road base, is required for vehicular access to the property.

(d) Certificate of occupancy. No building shall be occupied until a certificate of occupancy is issued by the village and the permittee has remedied (i.e., paid) any and all outstanding penalties, fines, and/or outstanding administrative matters. Upon completion of construction of a building, and upon receipt of documentation (approved final inspection report from the inspection company) showing that the building was constructed in compliance with all applicable codes and ordinances, the village building official/assistant building official may issue a certificate of occupancy. The certificate of occupancy will be issued after the project has passed the village’s site inspection, conducted by the building official/assistant building official, to ensure that:

(1) Constructed as approved on the applicant’s permit;

(2) The exterior is completed which means that the yard has to be stabilized either with rock, grass, or a silt fence and must be approved through the PVPOA-ACC prior to receiving a certificate of occupancy;


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(3) There was no damage done to the right-of-way or adjacent property;

(4) All construction materials have been removed (i.e. debris, dumpster, port-a-can, silt fences, etc.);

(5) All structures were built in compliance with all applicable codes and ordinances of

the village, and all reinspections have been paid in full to the inspection company;

(6) House address numbers are clearly marked on the curb of the property, as well as the main structure.

(Ordinance 2017-12-02, sec. 1.06, adopted 12/13/17) Sec. 4.03.007 House elevation and location, survey, building codes (a) Survey. A survey of the lot must accompany the plans submitted for building official/assistant building official approval. The survey shall be made by a registered land surveyor, who shall prepare and certify a drawing showing:

(1) Key lot elevations, including the major corners of the lot;

(2) Any portion of lot in the 723' floodplain;

(3) Front building line and all side and rear setbacks;

(4) A reference benchmark (“RB”) in the center of the street in front of the house; the RB shall be tied into a permanent benchmark in order to establish true elevations for the property.

Approval of the proposed plans assumes that the required documentation submitted by the property owner or builder is accurate. The village building official/assistant building official expressly disclaims any liability for damages that may arise as a result of inaccuracies in the documentation submitted, including, but not limited to, inaccuracies in the surveys and/or discrepancies between surveys and recorded plats. (b) Elevations and location. All permittees shall obtain an elevation certificate prior to receiving a certificate of occupancy. The submitted plans shall show the highest elevation of the roof, exclusive of the chimney, and lowest finished floor elevation, based on the reference benchmark. The building official/assistant building official will use this data to:

(1) Determine whether any portion of the structure is in the floodplain; and, if so, whether the permittee has obtained a floodplain development permit, or variance, as described in section 4.03.003(f), of this article; and

(2) Ensure the maximum height for any new building or other structure, or for the

modification of any building or other structure in the village that increases the existing height of such building or other structure, does not exceed twenty-eight feet (28') when measured from the highest parapet or roof ridge to the highest point on the lot.


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(c) Easements, setbacks and rights-of-way.

(1) No permanent portion of a dwelling, except eaves, may be placed over easements and within setbacks.

(2) Building official approval of an installation over an easement or setback may be

issued:

(A) If the terrain of the lot does not permit building without encroachment; (B) With the proviso that any utility companies, cable companies, Point Venture

Property Owners Association, the village, and/or the WCID will have full access as required; and

(C) That removal or replacement of any improvement within an easement or

setback will be at the owner’s expense. (Ordinance 2017-12-02, sec. 1.07, adopted 12/13/17) Sec. 4.03.008 Plans and specifications (a) Site plan. All site plans shall show:

(1) The location of any buildings on the lot;

(2) The distances measured from the extremity of the roof overhang of any buildings to the property lines;

(3) The distances from the foundation of any buildings to the property lines;

(4) All easements and building setback lines;

(5) The location of all other permanent improvements on the property, such as

driveways, walls, fences, swimming pools, ponds, yard lights, solar systems, air conditioning unit(s), and sewer pump(s).

(b) Design.

(1) Final grading of the site shall insure that natural flow of surface runoff is into the proper channels, and not onto adjacent properties; installation of culverts, berms and swales, as required, to reach this result is necessary, and shall be shown on construction drawings.

(2) Where any excavation or “cut-in” is to be made, it shall be retained, with proper

drainage and safety/barrier fences installed on top. The dimensions and specifications of the retaining wall(s) and safety fence(s), including material to be used, shall be indicated on the plans, including a profile view of the cut.

(Ordinance 2017-12-02, sec. 1.08, adopted 12/13/17)


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Sec. 4.03.009 Utilities; inspections; and occupancy (a) Electric service.

(1) All new home building plan submittals must include the water/sewer hook-up verification and the PEC hook-up verification, or verification that water and electricity will be provided in another manner (i.e. on-site generators and water tanks). Under no circumstances will an owner or builder use any water/sewer or electricity from any other property. Noncompliance will result in an immediate stop work order.

(2) Prior to issuance of a certificate of occupancy, permittees shall provide the village

verification of electric service from Pedernales Electric Cooperative.

(3) During construction, a temporary construction drop may be connected upon plan submittal and approval. Temporary power must be GFCI protected, and must be inspected.

(b) Water and sewer service.

(1) Construction water service must be provided upon plan submittal, or stated on the plans that water tanks will be used.

(2) Full service from Travis County W.C.I.D. must be provided prior to issuance of

certificate of occupancy by the building official/assistant building official.

(3) A device to prevent backflow into the main water shall be installed and operational.

(4) A line is required at every water meter (equivalent to a Watts #7 dual check). (c) Inspections. The following inspections are required, and must be approved, prior to the issuance of a certificate of occupancy. If a building fails an inspection, permittee shall obtain and pass a reinspection prior to proceeding to the next inspection. Several of the inspections may be performed during the same inspection visit. A schedule of required inspections and information regarding which inspections may, and should, be grouped together, is available at the village office. Obscuring or otherwise covering up work that would keep the inspection company from performing a required inspection shall constitute a violation of this article, and subject the permittee to all applicable penalties.

(1) Temporary meter loop inspection. If a site has temporary power already hooked up through PEC, it must be inspected. Temporary power must be GFCI protected.

(2) Layout. Foundation form boards shall be installed and the building permit posted.

(3) Verify finish floor elevations. Portable toilet, temporary trash receptacle, silt fence

and safety fences shall be installed. A form survey will be required on site upon completion of form set-up and must be provided to the inspector. The approved building plans must be on site for inspection. Form survey approval will be required at inspection.


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(4) Plumbing rough. To be completed after layout is approved and requested when drain waste, vents, and supports are in place and tested prior to concrete placement. Ten (10) foot head of water pressure or 5-PSI air pressure is required on DWV piping. All pipes and fittings must be exposed for visual inspection.

(5) Copper or supply piping. To be requested when all water supply lines are in place

and protected with no joints in the slab. All lines must be sleeved to protect pipes. 50-PSI is required on copper lines. Hot water lines must be insulated. This inspection is required prior to foundation inspection.

(6) Foundation. To be performed by the professional engineer or architect that designed

the foundation. Permittees shall submit engineer’s letter of certification prior to final inspection. Additionally, permittees shall obtain, and submit to the village, a pre-pour foundation inspection by ATS.

(7) Electrical rough inspection. To be requested when all wiring, boxes, piping load

centers (service and sub panels), service drop, and all work to be covered are installed, but prior to frame inspection. This inspection must be cleared before moving to next inspection.

(8) Mechanical rough inspection. To be requested when all duct systems and vents are in

place, but prior to frame inspection.

(9) Frame inspection. Electrical rough, mechanical rough and plumbing top out are to be completed and inspected prior to framing inspection. Frame inspection shall be requested after all framing, fire-blocking, fastening, and bracing are in place, roof is dried in, materials are loaded, and pipes and vents and wiring installed; after fireplaces are installed; and all windows and exterior doors are in place and flashed. This is not to be used by permittee as a punch out inspection. Permittee shall complete punch out and corrections prior to frame inspection.

(10) Exterior sheathing inspection. Is required prior to start of masonry work and/or house

wrap. Sheathing inspection must be done before house wrap or felt is installed over sheathing. Exterior sheathing inspection may be performed prior to fourth inspection at the builder’s request.

(11) Insulation inspection. To be requested after framing, electrical, plumbing, and

mechanical are approved and when all insulation is installed and all joints and penetrations are sealed. Under some circumstances, partial insulation inspections may be needed.

(12) Wallboard inspection. To be requested after insulation and frame group are approved

and when all wallboard is in place and fastened properly according to code schedule, but prior to taping and floating any walls and ceilings.

(13) Electrical final inspection. To be requested when all fixtures, switches, receptacles,

grounds, appliances, smoke detectors and equipment are installed as per code and ready for use with meter loop, but prior to final building inspections. Reinspections may be inspected at final building inspections.


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(14) Mechanical final inspection. To be requested when all equipment has been installed and ready for use; including dryer vents, exhaust hoods, furnace and water heater vents, and all distribution and return air grilles installed. Combustion air supplies and gas line sediment traps installed. Mechanical final inspection shall be completed and approved prior to final building inspection.

(15) Plumbing final inspection. To be requested when all valves and fixtures are installed

and all vents are completed. Water systems to be tested. Gas pipes to be connected and final tested. Septic or sewer connected and approved by village sanitarian. Approved backflow devices at water meter, hose bibs, sprinkler systems, pools, and dishwashers properly installed. Plumbing final inspection shall be completed and approved prior to final building inspection.

(16) Final building inspection. Permittees shall request final building inspection when the

construction of the applicable building is complete, all other inspections have been completed and approved, and the building is ready for occupancy. The inspector will take the final inspection report to the building official/assistant building official for the issuance of a certificate of occupancy, which will be issued if the project has passed the village’s site inspection, conducted by the field maintenance supervisor. The field maintenance supervisor’s inspection will ensure that:

(A) The building was constructed in conformity with the submitted and approved

plans, the exterior is completed;

(B) There was no damage done to the right-of-way or adjacent property;

(C) All construction items have been removed (i.e. debris, dumpster, port-a-can, silt fences, etc.);

(D) That the building was constructed in compliance with all applicable codes and

village ordinances; and

(E) All reinspections have been paid in full.

(17) Customer service inspection certificate. After the final plumbing has passed, the inspector will certify that the water service connection does not have potential to contaminate the village’s water supply.

(18) Water yard line inspection. Required after properly sized water line (based on fixture

count) is installed in open trench at least twelve inches (12") deep and bedded in sand. An A.W.W.A. approved owners shut-off valve same size as water line and a pressure reducer valve, (PRV) required on the yard-line in a service box. Full village water pressure or 60-PSI test required. If water line is run under flatwork or drive, it must be sleeved (2 pipe sizes larger). The sewer yard-line installed in open trench per code four inches (4") diameter Schedule 40 clean outs required at house and sewer tap. Line to be bedded in sand with a minimum fall not less than one-quarter inch (1/4") per foot. Sewer yard-line must have flood test in place.


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(19) Electric service. Underground conduit lain in open trench as per code twenty-six inches (26") deep for primary, twenty inches (20") deep for secondary.

(20) Driveway/flatwork inspection. To be requested when forms and reinforcements are in

place. Minimum 6-inch, by 6-inch, by 10-inch (6" x 6" x 10") wire mesh and expansion joints fifteen feet (15') on center required. Treated expansion joints or cold joint required where flatwork or drive meets foundation. Dowel into slab where any flatwork or drive meets foundation. Drives and flatwork must be to plan.

(Ordinance 2017-12-02, sec. 1.09, adopted 12/13/17) Sec. 4.03.010 Inspection fees (a) All first-time building inspection fees shall be paid to the village at the time of submittal, in accordance with the fee schedule. Payment will cover the cost of the building permit, all of the required inspections, plus administrative costs and the plan review. (b) If a permittee makes a change in an originally approved/permitted plan, a resubmittal fee, as well as any corresponding inspection fee, will be charged to the permittee if the changes involve any modification to electrical, plumbing, or structural plans. (c) The permittee is responsible for payment of all other additional inspection fees, including all reinspection fees, which are to be paid directly to the inspection company. (d) All accounts with the inspection company and/or the village that are not kept current will have inspections halted and certificates of occupancy withheld. (e) For remodeling, alterations, and minor changes, requirements will be specified by the building official/assistant building official based on the scope of the project. For major remodeling projects and swimming pool, spa or hot tub additions (projects that involve changes to the electrical, plumbing, or structural changes), inspections will be required. (See section 4.03.012, below.) The cost of the inspections will be determined by the number of inspections that will be required, which is determined by the building official/assistant building official and/or the inspection company. In addition to any inspection fees, a permit fee and administrative fee must be paid to the village at the time of submittal. (Ordinance 2017-12-02, sec. 1.10, adopted 12/13/17) Sec. 4.03.011 General contractor cash bond Any person who applies for and obtains a building permit or other permit to authorize the construction of a structure or a similar project shall post a cash bond with the village to cover the costs of cleanup of litter and trash at the construction site, and/or the repair or restoration of village streets, curbs, sidewalks, alleys, bridges, utilities, or other infrastructure caused by the work and activities associated with the construction, reconstruction, or remodeling of the project. (Ordinance 2017-12-02, sec. 1.11, adopted 12/13/17)


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Sec. 4.03.012 Swimming pools, spas, and hot tubs The following inspections shall be completed and approved for the installation and/or construction of any swimming pool, spa, or hot tub. If one of the above inspections fails, a reinspection shall be completed prior to proceeding to the following inspection.

(1) Plan review. Applicants shall submit three (3) sets of plans to the building official/assistant building official for permit approval. All proposed construction shall be performed and completed in accordance with the plans and specifications approved by the building official/assistant building official and other applicable ordinances and code requirements.

(2) Layout inspection. To be requested after pool system is laid out, marked on the

ground, with paint or string lines and property lines located.

(3) Silt fence. Silt fence shall be installed on run off sides of construction.

(4) Foundation. Inspections may be required, as determined by the village.

(5) Electrical rough inspection. To be requested after excavation is completed, with all rough plumbing, reinforcement, electrical wiring with grounding, and bonding is completed.

(6) Plumbing rough inspection. To be requested after excavation is completed, with all

rough plumbing gas lines to be in place and tests on pressure to be verified. Minimum test pressure for P.V.C. recirculation lines is 35 PSI.

(7) Final plumbing inspection. To be requested after all equipment (pump, filters,

heaters, etc.) is in place and ready for use. Proper backflow protection devices are required at all new or existing hose bibs and pool fill lines.

(8) Final inspection. To be requested after all equipment (pumps, filters, heaters, etc.)

and fixtures are in place and ready for use. At this time, all decks and fences shall be completed in accordance with applicable building codes and ordinances. All electrical bonding for motors, lights, heaters, or other equipment shall be properly installed and completed. Ground fault protection at all exterior outlets, pool lights, or other required locations shall be completed in accordance with applicable building codes and ordinances.


ARTICLE 4.04 SUBSTANDARD BUILDINGS* Sec. 4.04.001 Title This article shall be commonly referred to as the village’s substandard building ordinance. * State law reference–Authority of municipality to regulate dangerous and substandard structures, V.T.C.A., Local Government Code, sec. 214.001 et seq.


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Sec. 4.04.002 Purpose This article is adopted so that the village council may promote the public health, safety, and general welfare within the village through the regulation of substandard and dangerous buildings or structures. By requiring the repair and/or demolition of substandard and dangerous buildings and structures, the village council seeks to protect property values and prevent bodily injury, death, and property damage within the village limits. Sec. 4.04.003 Definitions Words and phrases used in this article shall have the meanings set forth in this section. Words and phrases which are not defined in this article but are defined in other ordinances of the village shall be given the meanings set forth in those ordinances. Other words and phrases shall be given their common, ordinary meaning unless the context clearly requires otherwise. Headings and captions are for reference purposes only, and shall not be used in the interpretation of this article. Appraised value means the value given the structure by the county tax assessor’s office. Building means any structure of any kind, or any part thereof, erected for the support, shelter or enclosure of persons, animals, chattel or property of any kind. Building inspector means the person appointed by the village to conduct periodic inspections of buildings and structures to insure that the same are being maintained in a manner consistent with prescribed building codes of the village and not in violation of this article. Diligent effort means best or reasonable effort to determine the identity and address of an owner, a lienholder, or a mortgagee including a search of the following records:

(1) County real property records of the county in which the building is located;

(2) Appraisal district records of the appraisal district in which the building is located;

(3) Records of the secretary of state;

(4) Assumed name records of the county in which the building is located;

(5) Village tax records; and

(6) Village utility records. Minimum housing standards means those standards adopted by the village, including, if applicable, building, electrical, plumbing, gas, mechanical, existing building and fire prevention codes and any other housing and structure regulations adopted under chapter 214, Local Government Code. Owner means any person, agent, firm, corporation, or other entity named in the real property records of the county where the building is located as owning the property.


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Structure means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built or composed of parts joined together in some definite manner, or any part thereof. Village council means the governing body of the village. Sec. 4.04.004 Declaration of nuisance Any building or structure requiring vacation, repair, removal or demolition, as described and defined herein, and all buildings or structures within the village which are unsafe, unsanitary or otherwise dangerous to the health, safety and general welfare of the citizens of the village, are hereby declared to be a public nuisance and unlawful and subject to the provisions of this article regarding repair, removal or demolition. Sec. 4.04.005 Inspections An inspection shall be made of every building located within the village which is suspected of being in violation of this article. The building inspector, or his/her official designee, is hereby authorized to conduct inspections of buildings suspected of being in violation of this article and take such actions as may be required to enforce the provisions of this article. Sec. 4.04.006 Notice of violation (a) Whenever a violation of this article has been discovered and reported by the building inspector, or his/her designee, a public hearing shall be held by the village council to determine whether a building complies with the standards set out in this article. (b) A notice of the hearing shall be sent to the occupant, if any, and record owner, lienholder or mortgagee. Such notice shall be in writing and shall be served by personal delivery or by certified mail return receipt requested. Additionally, a copy of the notice shall be posted on the front door of each affected structure situated on the property or as close to the front door as practicable. It is not necessary that the notice to the occupant of the property list an occupant by name. Service of the notice may be accomplished by first class U.S. mail or by personal delivery to any occupant of the property who is above the age of eighteen (18) years. (c) The notice shall contain:

(1) The names of all persons to whom notice is being served;

(2) The street address or legal description of the premises;

(3) The date of inspection;

(4) The nature of the violation;

(5) The date, time and location of the hearing; and

(6) A statement that the owner, lienholder, or mortgagee will be required to submit at the hearing proof of the scope of any work that may be required to comply with this article and the time it will take to reasonably perform the work.


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Sec. 4.04.007 Standards The following standards shall be utilized in determining whether a building should be ordered vacated, repaired, removed or demolished:

(1) The building or structure is liable to partially or fully collapse.

(2) The building or structure was constructed or maintained in violation of any provision of the village’s building code, or any other applicable ordinance or law of the village, county, state, or federal government.

(3) Any wall or other vertical structural members list, lean or buckle to such an extent

that a plumb line passing through the center of gravity falls outside of the middle one-third (1/3) of its base.

(4) The foundation or the vertical or horizontal supporting members are twenty-five (25)

percent or more damaged or deteriorated.

(5) The nonsupporting coverings of walls, ceilings, roofs, or floors are fifty (50) percent or more damaged or deteriorated.

(6) The structure has improperly distributed loads upon the structural members, or the

structural members have insufficient strength to be reasonably safe for the purpose used.

(7) The structure or any part thereof has been damaged by fire, water, earthquake, wind,

vandalism, or other cause to such an extent that it has become dangerous to the public health, safety and welfare.

(8) The structure does not have adequate light, ventilation, or sanitation facilities as

required by the village.

(9) The structure has inadequate facilities for egress in case of fire or other emergency or has insufficient stairways, elevators, fire escapes or other means of ingress or egress.

(10) The structure, because of its condition, is unsafe, unsanitary, or dangerous to the

health, safety or general welfare of the village’s citizens, including all conditions conducive to the harboring of rats or mice or other disease-carrying animals or insects reasonably calculated to spread disease.

Sec. 4.04.008 Hearing (a) The date of the hearing shall not be less than ten (10) days after notice is made (as described in section 4.04.006). (b) If a building is found to be in violation of this article, the village shall require the owner, lienholder, or mortgagee of the building to within thirty (30) days vacate, repair, remove or demolish the building, unless it is proven at the hearing that the work cannot reasonably be done in thirty (30) days.


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(c) If the village allows more than thirty (30) days for the building to be vacated, repaired, removed or demolished, the village shall establish specific time schedules for the work to be commenced and performed and shall require the owner, lienholder, or mortgagee to secure the property in a reasonable manner from unauthorized entry while the work is being performed, as determined by the hearing official. (d) The village shall not allow the owner, lienholder or mortgagee more than ninety (90) days to vacate, repair, remove or demolish the building or fully perform all work required to comply with the order unless a detailed plan and time schedule for the work are submitted at the hearing and it is proven at the hearing that the work cannot reasonably be completed within ninety (90) days because of the scope and complexity of the work. Additionally, the owner, lienholder, or mortgagee must submit work progress reports to demonstrate compliance with the time schedule established. (e) In any case where repairs are estimated to cost fifty (50) percent or more of the appraised value, a building shall be demolished or removed, and in all cases where a structure cannot be repaired so that it will no longer exist in violation of the provisions of this article, it shall be demolished or removed. Sec. 4.04.009 Issuance of order (a) After the public hearing, if a building is found to be in violation of the standards set out in this article, the village may order that the building be repaired, removed or demolished within a reasonable time, as established under section 4.04.008. (b) If the building is ordered to be vacated, repaired, removed or demolished, the village shall promptly mail by certified mail, return receipt requested, or personally deliver a copy of the order to the owner of the building and to any lienholder or mortgagee of the building. The village shall make a diligent effort to discover each owner, mortgagee and lienholder having an interest in the building or property on which the building is located. (c) If the ordered action is demolition of the building or structure, demolition shall not occur until either:

(1) The order by the village ordering the demolition has been appealed to the district court, or a court of proper jurisdiction, and the appeal has been finally resolved in a manner that does not prevent the village from proceeding with demolition; or

(2) The property owner has failed to appeal the order to the district court, or a court of

proper jurisdiction, within thirty (30) days of the village’s issuance of the order. Sec. 4.04.010 Additional notice requirements (a) In addition to the order, each identified mortgagee or lienholder shall be sent a notice containing:

(1) An identification of the building and the property on which it is located (this does not have to be a legal description);


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(2) A description of the violation of this article; and

(3) A statement that the municipality may demolish the building if the ordered action is not taken.

(b) If the notice is returned “refused” or “unclaimed,” the validity of the notice is not affected and the notice shall be deemed delivered. (c) Within ten (10) days after the date that the order is issued, the village shall:

(1) File a copy of the order in the office of the village secretary; and

(2) Publish a notice in a newspaper of general circulation in the village (and where the building is located) stating:

(A) The street address or legal description of the property;

(B) The date of the hearing;

(C) A brief statement indicating the results of the order; and

(D) Instructions as to where a complete copy of the order may be obtained.

Sec. 4.04.011 Appeals The owner, lienholder, or mortgagee shall have the right to appeal the decision made at the hearing to a district court, provided that the notice of appeal must be filed with the district court within thirty (30) calendar days from the date the order is mailed to the owner, lienholder or mortgagee, as provided herein. Sec. 4.04.012 Failure to comply with order; performance of work by village (a) Whenever it is discovered upon reinspection that the owner, mortgagee or lienholder has failed to repair, remove or demolish the building or take other ordered action within the allotted time, the village shall make a diligent effort to discover each mortgagee and lienholder having an interest in the building or in the property on which the building is located and shall personally deliver or send by certified mail, return receipt requested, to each a notice containing:

(1) An identification of the building and the property on which it is located (this does not have to be a legal description);


(3) A statement that the municipality will remove or demolish the building if the ordered

action is not taken.


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(b) Whenever it is discovered upon reinspection that the owner, mortgagee or lienholder has failed to repair, remove or demolish the building or take other ordered action within the allotted time, the village, or its authorized agent, may repair, remove or demolish and remove said building or cause the same to be done and charge the expenses incurred in doing such work or having the same done to the owner, mortgagee or lienholder of said land or otherwise assess the expenses against the property on which the building is located. (c) If such work is done at the expense of the village, then said expense shall be assessed against any salvage resulting from the demolition of the building and against the lot, tract, or parcel of land, or the premises, upon which such expense was incurred. (d) For the purposes of this section, any repair, alteration or improvement made to a building by the village will only be to the extent necessary to bring the building into compliance with the minimum housing standards and only if the building is a residential building with ten (10) or fewer dwelling units; provided, however, the village may elect to obtain a judicial determination by a decree of a court of competent jurisdiction of the existence, in fact, of a public nuisance in cases contemplated by this article. Such judicial determination may include any available remedy for the abatement of such a nuisance. Sec. 4.04.013 Lien for expenses incurred by village (a) When the village incurs expenses to repair, remove or demolish a building, the village may assess the expenses on and obtain a lien against the property on which the building is located, unless it is a homestead as protected by the state constitution. The lien arises and attaches to the property when the village has the lien recorded and indexed with the county clerk of the county in which the property is located. The notice shall contain:

(1) The name and address of the owner, if that information can be determined with a reasonable effort;

(2) A legal description of the real property on which the building was located;

(3) The amount of expense incurred by the village;

(4) The balance due; and

(5) The date on which said work was done or improvements made.

(b) The village shall have a privileged lien on such lot, lots, or other premises or real estate upon which said building was located, to secure the expenditure so made, second only to other liens as provided by law. It is further provided that for any such expenditure suit may be instituted and foreclosure of said lien may be made in the name of the village, and the statement of expenses so made, as aforesaid, or a certified copy thereof, shall be prima facie proof of the amount expended for such work or expense. (c) The lien is extinguished if the property owner or another person having an interest in the legal title to the property reimburses the village for the expenses.


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Sec. 4.04.014 Enforcement; penalties (a) Enforcement. The village shall have the power to administer and enforce the provisions of this article as may be required by governing law. (b) Civil remedies.

(1) A property owner violating any provision of this article shall, upon being found liable, be fined a sum not exceeding one thousand dollars ($1,000.00) for each and every day of violation, or, if the owner shows the property is the owner’s lawful homestead, in an amount not to exceed ten dollars ($10.00) per day for each violation, provided that:

(A) The owner was notified of the requirements of this article and the owner’s need

to comply with the requirements; and

(B) After notification, the owner committed an act in violation of this article or failed to take action necessary for compliance with this article.

(2) If such a civil penalty is assessed, the village secretary shall file a certified copy of

the order containing such amount and duration of the penalty with the county district clerk’s office no later than three (3) working days after such order.

(c) Criminal penalties. A property owner violating any provision of this article shall, upon conviction, be fined a sum in accordance with the general penalty provided in section 1.01.009 of this code for each and every day a violation occurs. (d) Other remedies.

(1) The remedies provided herein shall be available to the village in addition to any penal or other remedy provided by law or equity which the village, state, or any other person may provide to remedy the unsafe building condition.

(2) The village may bring a civil action in a court of competent jurisdiction to collect the

amount due plus all associated costs and fees. Sec. 4.04.015 Liability Neither the village nor any authorized agent acting under the terms of this article shall be liable or have any liability by reason of orders issued or work done in compliance with the terms of this article. (Ordinance 2012-10-01 adopted 10/1/12; Ordinance 2015-03-02 adopted 3/4/15; Ordinance adopting Code)


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ARTICLE 4.05 FLOOD DAMAGE PREVENTION*

Division 1. Generally Sec. 4.05.001 Findings of fact (a) The recitals in Ordinance 2009-11-01 are incorporated into this article by reference as findings of fact as if expressly set forth herein. (b) The flood hazard areas of the village are subject to periodic inundation, which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety and general welfare. (c) These flood losses are created by the cumulative effect of obstructions in floodplains which cause an increase in flood heights and velocities, and by the occupancy of flood hazard areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, flood-proofed or otherwise protected from flood damage. Sec. 4.05.002 Statutory authorization The legislature of the state has, in Texas Water Code section 16.315, delegated the responsibility to local governmental units to adopt regulations designed to minimize flood losses. Sec. 4.05.003 Statement of purpose It is the purpose of this article to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

(1) Protect human life and health;

(2) Minimize expenditure of public money for costly flood control projects;

(3) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

(4) Minimize prolonged business interruptions;

(5) Minimize damage to public facilities and utilities such as water and gas mains,

electric, telephone and sewer lines, streets and bridges located in floodplains;

(6) Help maintain a stable tax base by providing for the sound use and development of floodprone areas in such a manner as to minimize future flood blight areas; and

(7) Insure that potential buyers are notified that property is in a flood area.

* State law references–Flood Control and Insurance Act, V.T.C.A., Water Code, sec. 16.311 et seq.; governing body shall adopt ordinances or orders necessary to participate in National Flood Insurance Program, V.T.C.A., Water Code, sec. 16.3145; responsibility to establish flood hazard regulations, V.T.C.A., Water Code, sec. 16.315.


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Sec. 4.05.004 Methods of reducing flood losses In order to accomplish its purposes, this article uses the following methods:

(1) Restrict or prohibit uses that are dangerous to health, safety or property in times of flood, or cause excessive increases in flood heights or velocities;

(2) Require that uses vulnerable to floods, including facilities which serve such uses, be

protected against flood damage at the time of initial construction;

(3) Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of floodwaters;

(4) Control filling, grading, dredging and other development which may increase flood

damage;

(5) Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands.

Sec. 4.05.005 Definitions Unless specifically defined below, words or phrases used in this article shall be interpreted to give them the meaning they have in common usage and to give this article its most reasonable application. Alluvial fan flooding means flooding occurring on the surface of an alluvial fan or similar landform which originates at the apex and is characterized by high-velocity flows; active processes of erosion, sediment transport, and deposition; and unpredictable flow paths. Apex means a point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur. Appurtenant structure means a structure which is on the same parcel of property as the principal structure to be insured and the use of which is incidental to the use of the principal structure. Area of future conditions flood hazard means the land area that would be inundated by the 1 percent annual chance (100-year) flood based on future conditions hydrology. Area of shallow flooding means a designated AO, AH, AR/AO, AR/AH, or VO zone on a community’s flood insurance rate map (FIRM) with a 1 percent or greater annual chance of flooding to an average depth of 1 to 3 feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. Area of special flood hazard is the land in the floodplain within a community subject to a 1 percent or greater chance of flooding in any given year. The area may be designated as zone A on the flood hazard boundary map (FHBM). After detailed rate-making has been completed in preparation for publication of the FIRM, zone A usually is refined into zones A, AO, AH, A1-30, AE, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, VO, V1-30, VE or V.


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Base flood means the flood having a 1 percent chance of being equaled or exceeded in any given year. Basement means any area of the building having its floor subgrade (below ground level) on all sides. Breakaway wall means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system. Critical feature means an integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised. Development means any man-made change to improved and unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. Elevated building means, for insurance purposes, a non-basement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns. Existing construction means, for the purposes of determining rates, structures for which the “start of construction” commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. “Existing construction” may also be referred to as “existing structures.” Existing manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community. Expansion to an existing manufactured home park or subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from:

(1) The overflow of inland or tidal waters; or

(2) The unusual and rapid accumulation or runoff of surface waters from any source. Flood elevation study means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards. Flood insurance rate map (FIRM) means an official map of a community, on which the Federal Emergency Management Agency has delineated both the special flood hazard areas and the risk premium zones applicable to the community.


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Flood insurance study (FIS). See “Flood elevation study.” Floodplain or floodprone area means any land area susceptible to being inundated by water from any source (see definition of flooding). Floodplain management means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations. Floodplain management regulations means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction. Flood protection system means those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the area within a community subject to a “special flood hazard” and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood-modifying works are those constructed in conformance with sound engineering standards. Floodproofing means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. Floodway. See “Regulatory floodway.” Functionally dependent use means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities or port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. Highest adjacent grade means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. Historic structure means any structure that is:

(1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(2) Certified or preliminarily determined by the Secretary of the Interior as contributing

to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

(3) Individually listed on a state inventory of historic places in states with historic

preservation programs which have been approved by the Secretary of the Interior; or


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(4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

(A) By an approved state program as determined by the Secretary of the Interior; or

(B) Directly by the Secretary of the Interior in states without approved programs.

Levee means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding. Levee system means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices. Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building’s lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirement of section 60.3 of the National Flood Insurance Program regulations. Manufactured home means a structure transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term “manufactured home” does not include a “recreational vehicle.” Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. Mean sea level means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community’s flood insurance rate map are referenced. New construction means, for the purpose of determining insurance rates, structures for which the “start of construction” commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, “new construction” means structures for which the “start of construction” commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures. New manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community. Recreational vehicle means a vehicle which is:

(1) Built on a single chassis;


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(2) 400 square feet or less when measured at the largest horizontal projections;

(3) Designed to be self-propelled or permanently towable by a light duty truck; and

(4) Designed primarily not for use as a permanent dwelling but as temporary living

quarters for recreational, camping, travel, or seasonal use. Regulatory floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Riverine means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. Special flood hazard area. See “Area of special flood hazard.” Start of construction, for other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. L. 97-348), includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. Structure means, for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. Substantial improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before “start of construction” of the improvement. This term includes structures which have incurred “substantial damage,” regardless of the actual repair work performed. The term does not, however, include either:

(1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or


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(2) Any alteration of a “historic structure,” provided that the alteration will not preclude the structure’s continued designation as a “historic structure.”

Variance means a grant of relief by a community from the terms of a floodplain management regulation. (For full requirements see section 60.6 of the National Flood Insurance Program regulations.) Violation means the failure of a structure or other development to be fully compliant with the community’s floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) of the National Flood Insurance Program regulations is presumed to be in violation until such time as that documentation is provided. Water surface elevation means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. Sec. 4.05.006 Lands to which this article applies This article shall apply to all areas of special flood hazard within the corporate limits of the village. Sec. 4.05.007 Basis for establishing areas of special flood hazard The areas of special flood hazard identified by the Federal Emergency Management Agency in the current scientific and engineering report entitled, “The Flood Insurance Study (FIS) for Travis County and Incorporated Areas,” dated September 26, 2008, with accompanying flood insurance rate maps and/or flood boundary-floodway maps (FIRM and/or FBFM), index panels 48453C0195H and 48453C0215H, dated September 26, 2008 and September 26, 2008 respectively, and any revisions thereto are hereby adopted by reference and declared to be a part of this article. Sec. 4.05.008 Establishment of development permit A floodplain development permit shall be required to ensure conformance with the provisions of this article. Sec. 4.05.009 Compliance No structure or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this article and other applicable regulations. Sec. 4.05.010 Abrogation and greater restrictions This article is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this article and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.


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Sec. 4.05.011 Interpretation In the interpretation and application of this article, all provisions shall be:

(1) Considered as minimum requirements;

(2) Liberally construed in favor of the governing body; and

(3) Deemed neither to limit nor repeal any other powers granted under state statutes. Sec. 4.05.012 Warning and disclaimer of liability The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions greater floods can and will occur and flood heights may be increased by man-made or natural causes. This article does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This article shall not create liability on the part of the community or any official or employee thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made hereunder. Sec. 4.05.013 Enforcement; penalties Any person violating this article, upon conviction, is punishable by a fine in accordance with the following:

(1) Civil and criminal penalties. The village shall have the power to administer and enforce the provisions of this article as may be required by governing law. Any person violating any provision of this article is subject to suit for injunctive relief as well as prosecution for criminal violations.

(2) Criminal prosecution. Any person violating any provision of this article shall, upon

conviction, be fined a sum in accordance with the general penalty provided in section 1.01.009 of this code. Each day that a provision of this article is violated shall constitute a separate offense. An offense under this article is a misdemeanor.

(3) Civil remedies. Nothing in this article shall be construed as a waiver of the village’s

right to bring a civil action to enforce the provisions of this article and to seek remedies as allowed by law, including but not limited to the following:

(A) Injunctive relief to prevent specific conduct that violates this article or to

require specific conduct that is necessary for compliance with this article;

(B) A civil penalty up to one thousand dollars ($1,000.00) a day (with each day constituting a separate offense and separate violation) when it is shown that the defendant was actually notified of the provisions of this article and after receiving notice committed acts in violation of this article or failed to take action necessary for compliance with this article; and

(C) Other available relief.

Secs. 4.05.014–4.05.040 Reserved


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Division 2. Administration

Sec. 4.05.041 Designation of floodplain administrator The mayor of the village, or the mayor’s designee, is hereby appointed as the floodplain administrator to administer and implement the provisions of this article and other appropriate sections of 44 CFR (Emergency Management and Assistance, National Flood Insurance Program Regulations) pertaining to floodplain management. Sec. 4.05.042 Duties and responsibilities of floodplain administrator Duties and responsibilities of the floodplain administrator shall include, but not be limited to, the following:

(1) Maintain and hold open for public inspection all records pertaining to the provisions of this article.

(2) Review permit applications to determine whether to ensure that the proposed building

site project, including the placement of manufactured homes, will be reasonably safe from flooding.

(3) Review, approve, or deny all applications for development permits required by

adoption of this article.

(4) Review permits for proposed development to assure that all necessary permits have been obtained from those federal, state, or local governmental agencies (including section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1344) from which prior approval is required.

(5) Where interpretation is needed as to the exact location of the boundaries of the areas

of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), the floodplain administrator shall make the necessary interpretation.

(6) Notify, in riverine situations, adjacent communities and the state coordinating

agency, which is the state commission on environmental quality (TCEQ), prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency.

(7) Assure that the flood-carrying capacity within the altered or relocated portion of any

watercourse is maintained.

(8) When base flood elevation data has not been provided in accordance with section 4.05.007, the floodplain administrator shall obtain, review and reasonably utilize any base flood elevation data and floodway data available from a federal, state or other source, in order to administer the provisions of division 3 of this article.


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(9) When a regulatory floodway has not been designated, the floodplain administrator must require that no new construction, substantial improvements, or other development (including fill) be permitted within zones A1-30 and AE on the community’s FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community.

(10) Under the provisions of 44 CFR section 65.12, of the National Flood Insurance

Program regulations, a community may approve certain development in zones A1-30, AE, and AH on the community’s FIRM which increases the water surface elevation of the base flood by more than 1 foot, provided that the community first completes all of the provisions required by section 65.12.

Sec. 4.05.043 Permit procedures (a) Application for a floodplain development permit shall be presented to the floodplain administrator on forms furnished by him/her and shall include, but not be limited to, plans in triplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, including the placement of manufactured homes, and the location of the foregoing in relation to areas of special flood hazard. Additionally, the following information is required:

(1) Elevation (in relation to mean sea level) of the lowest floor (including basement) of all new and substantially improved structures;

(2) Elevation in relation to mean sea level to which any nonresidential structure shall be

floodproofed;

(3) A certificate from a registered professional engineer or architect that the nonresidential floodproofed structure shall meet the floodproofing criteria of section 4.05.072(2);

(4) Description of the extent to which any watercourse or natural drainage will be altered

or relocated as a result of proposed development; and

(5) Maintain a record of all such information in accordance with section 4.05.042(1). (b) Approval or denial of a floodplain development permit by the floodplain administrator shall be based on all of the provisions of this article and the following relevant factors:

(1) The danger to life and property due to flooding or erosion damage;

(2) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

(3) The danger that materials may be swept onto other lands to the injury of others;


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(4) The compatibility of the proposed use with existing and anticipated development;

(5) The safety of access to the property in times of flood for ordinary and emergency vehicles;

(6) The costs of providing governmental services during and after flood conditions,

including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems;

(7) The expected heights, velocity, duration, rate of rise and sediment transport of the

floodwaters and the effects of wave action, if applicable, expected at the site;

(8) The necessity to the facility of a waterfront location, where applicable; and

(9) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use.

Sec. 4.05.044 Variance procedures (a) The village council shall hear and render judgment on requests for variances from the requirements of this article. (b) The village council shall hear and render judgment on an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the floodplain administrator in the enforcement or administration of this article. (c) Any person or persons aggrieved by the decision of the village council may appeal such decision in the courts of competent jurisdiction. (d) The floodplain administrator shall maintain a record of all actions involving an appeal and shall report variances to the Federal Emergency Management Agency upon request. (e) Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places or the state inventory of historic places, without regard to the procedures set forth in the remainder of this article. (f) Variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the relevant factors in section 4.05.043(b) of this article have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases. (g) Upon consideration of the factors noted above and the intent of this article, the village council may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this article (section 4.05.003). (h) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.


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(i) Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. (j) Prerequisites for granting variances:

(1) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(2) Variances shall only be issued upon:

(A) Showing a good and sufficient cause;

(B) A determination that failure to grant the variance would result in exceptional

hardship to the applicant; and

(C) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

(3) Any applicant to which a variance is granted shall be given written notice that the

structure will be permitted to be built with the lowest floor elevation below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

(k) Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that:

(1) The criteria outlined in subsections (a) through (i) of this section are met; and

(2) The structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.

Secs. 4.05.045–4.05.070 Reserved

Division 3. Flood Hazard Reduction Standards Sec. 4.05.071 General standards In all areas of special flood hazards the following provisions are required for all new construction and substantial improvements:

(1) All new construction or substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;


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(2) All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage;

(3) All new construction or substantial improvements shall be constructed with materials

resistant to flood damage;

(4) All new construction or substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding;

(5) All new and replacement water supply systems shall be designed to minimize or

eliminate infiltration of floodwaters into the system;

(6) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from the systems into floodwaters; and

(7) On-site waste disposal systems shall be located to avoid impairment to them or

contamination from them during flooding. Sec. 4.05.072 Specific standards In all areas of special flood hazards where base flood elevation data has been provided as set forth in section 4.05.007, section 4.05.042(8), or section 4.05.073(c), the following provisions are required:

(1) Residential construction. New construction and substantial improvement of any residential structure shall have the lowest floor (including basement) elevated to or above the base flood elevation plus 1 foot. A registered professional engineer, architect, or land surveyor shall submit a certification to the floodplain administrator that the standard of this subsection, as proposed in section 4.05.043(a)(1), is satisfied.

(2) Nonresidential construction. New construction and substantial improvements of any

commercial, industrial or other nonresidential structure shall either have the lowest floor (including basement) elevated to or above the base flood elevation plus 1 foot or, together with attendant utility and sanitary facilities, be designed so that below the base flood elevation plus 1 foot the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice as outlined in this subsection. A record of such certification which includes the specific elevation (in relation to mean sea level) to which such structures are floodproofed shall be maintained by the floodplain administrator.


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(3) Enclosures. New construction and substantial improvements with fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:

(A) A minimum of two openings on separate walls having a total net area of not

less than one square inch for every square foot of enclosed area subject to flooding shall be provided.

(B) The bottom of all openings shall be no higher than 1 foot above grade.

(C) Openings may be equipped with screens, louvers, valves, or other coverings or

devices provided that they permit the automatic entry and exit of floodwaters.

(4) Manufactured homes.

(A) Require that all manufactured homes to be placed within zone A on a community’s FHBM or FIRM shall be installed using methods and practices which minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.

(B) Require that manufactured homes that are placed or substantially improved

within zones A1-30, AH, and AR on the community’s FIRM on sites:

(i) Outside of a manufactured home park or subdivision;

(ii) In a new manufactured home park or subdivision;

(iii) In an expansion to an existing manufactured home park or subdivision; or

(iv) In an existing manufactured home park or subdivision on which a

manufactured home has incurred “substantial damage” as a result of a flood;

be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation plus 1 foot and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.


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(C) Require that manufactured homes being placed or substantially improved on sites in an existing manufactured home park or subdivision within zones A1-30, AH and AE on the community’s FIRM that are not subject to the provisions of subsection (4) of this section be elevated so that either:

(i) The lowest floor of the manufactured home is at or above the base flood

elevation plus 1 foot; or

(ii) The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

(5) Recreational vehicles. Require that recreational vehicles placed on sites within zones

A1-30, AH, and AR on the community’s FIRM either:

(A) Be on the site for fewer than 180 consecutive days;

(B) Be fully licensed and ready for highway use; or

(C) Meet the permit requirements of section 4.05.043(a), and the elevation and anchoring requirements for “manufactured homes” in subsection (4) of this section.

A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect type utilities and security devices, and has no permanently attached additions.

Sec. 4.05.073 Standards for subdivision proposals (a) All subdivision proposals, including the placement of manufactured home parks and subdivisions, shall be consistent with sections 4.05.002, 4.05.003, and 4.05.004 of this article. (b) All proposals for the development of subdivisions, including the placement of manufactured home parks and subdivisions, shall meet the floodplain development permit requirements of section 4.05.008 and section 4.05.043, and the provisions of division 3 of this article. (c) Base flood elevation data shall be generated for subdivision proposals and other proposed development, including the placement of manufactured home parks and subdivisions, which is greater than 50 lots or 5 acres, whichever is lesser, if not otherwise provided pursuant to section 4.05.007 or section 4.05.042(8) of this article. (d) All subdivision proposals, including the placement of manufactured home parks and subdivisions, shall have adequate drainage provided to reduce exposure to flood hazards. (e) All subdivision proposals, including the placement of manufactured home parks and subdivisions, shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage.


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Sec. 4.05.074 Standards for areas of shallow flooding (AO/AH zones) Located within the areas of special flood hazard established in section 4.05.007 are areas designated as shallow flooding. These areas have special flood hazards associated with flood depths of 1 to 3 feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the following provisions apply:

(1) All new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated to or above the base flood elevation or the highest adjacent grade at least as high as the depth number specified in feet on the community’s FIRM (at least 2 feet if no depth number is specified); or

(2) All new construction and substantial improvements of nonresidential structures:

(A) Have the lowest floor (including basement) elevated to or above the base flood

elevation or the highest adjacent grade at least as high as the depth number specified in feet on the community’s FIRM (at least two feet if no depth number is specified); or

(B) Together with attendant utility and sanitary facilities be designed so that below

the base specified flood depth in an AO zone, or below the base flood elevation in an AH zone, level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of [and] effects of buoyancy.

(3) A registered professional engineer or architect shall submit a certification to the

floodplain administrator that the standards of this section, as proposed in section 4.05.043, are satisfied.

(4) Require within zone AH or AO adequate drainage paths around structures on slopes,

to guide floodwaters around and away from proposed structures. (Ordinance 2003-12-01 adopted 12/1/03; Ordinance 2009-11-01 adopted 11/2/09; Ordinance adopting Code)

ARTICLE 4.06 OUTBUILDINGS Sec. 4.06.001 Definition For the purposes of this article, an “outbuilding” shall mean a structure other than a primary residence that is detached from such residence and is constructed or placed on a lot in the village for any purpose, including but not limited to a storage shed or other similar shed or similar structure. (Ordinance 2007-05-01 adopted 5/7/07)


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Sec. 4.06.002 Enforcement; penalties (a) Enforcement. The village shall have the power to administer and enforce the provisions of this article and the codes adopted by this article as may be required by governing law. Any person violating any provision of this article or the codes herein adopted is subject to suit for injunctive relief as well as prosecution for criminal violations. Any violation of this article is hereby declared to be a nuisance. (b) Criminal prosecution. Any person violating any provision of this article or the codes herein adopted shall, upon conviction, be fined a sum in accordance with the general penalty provided in section 1.01.009 of this code. Each day that a provision of this article is violated shall constitute a separate offense. An offense under this article is a misdemeanor. (c) Civil remedies. Nothing in this article shall be construed as a waiver of the village’s right to bring a civil action to enforce the provisions of this article and the codes herein adopted, and to seek remedies as allowed by law, including but not limited to the following:

(1) Injunctive relief to prevent specific conduct that violates this article or to require specific conduct that is necessary for compliance with this article;


notified of the provisions of this article and after receiving notice committed acts in violation of this article or failed to take action necessary for compliance with this article; and


(Ordinance 2007-05-01 adopted 5/7/07; Ordinance adopting Code) Sec. 4.06.003 Outbuildings prohibited for new residences Residences constructed after the effective date of this article shall be designed in a manner that addresses all functions of outbuildings as an integral part of the design of the residence. A permit may not be issued for an outbuilding for a residence for which a building permit is issued after the effective date of this article. (Ordinance 2007-05-01 adopted 5/7/07) Sec. 4.06.004 Permit (a) Required. Before a person may construct or place an outbuilding on a lot containing a primary residence within the village, he or she must apply for and receive a permit for that purpose from the village building official/assistant building official or his/her designee. (b) Application. The person desiring to construct or place an outbuilding shall complete and submit an application provided by the building official/assistant building official or his/her designee that will describe or depict the proposed outbuilding sufficiently to allow the building official/assistant building official or his/her designee to determine if it will comply with the standards contained in this article. Detailed construction drawings, exterior elevation drawings


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and specifications for color and materials must accompany the completed application. The drawings must indicate how the proposed improvement will relate architecturally to the existing residence. Inspections and a refundable compliance deposit may also be required. (Ordinance 2007-05-01 adopted 5/7/07; Ordinance adopting Code) Sec. 4.06.005 Design and construction standards; usage and occupancy (a) General standards. Outbuildings shall be constructed to conform to the general appearance, coloration, and construction material of the primary residence located on the lot or lots where the outbuilding will be located. Exterior walls should be constructed of the same material or materials used in the construction of the exterior of the primary residence or should be painted or stained to assume the same appearance as the primary residence. (b) Detailed standards. The detailed standards for the outbuilding are as follows:

(1) Materials. Outbuildings shall be constructed of materials similar in appearance and color (subsection (a) of this section includes a reference to coloration) to the main dwelling. Cogitated [Corrugated] sheetmetal siding and roofing are expressly prohibited.

(2) Floor area. The floor area of an outbuilding shall not exceed the lesser of 200 square

feet, or 10% of the main structure area.

(3) Attachment or connection to main dwelling. All outbuildings must attach to the main dwelling or must be connected by a covered walkway or covered breezeway.

(4) Permit required; compliance with building code. All construction of outbuildings

requires the issuance of a building permit from the village. All construction shall meet the building code requirements of the village.

(5) Location. Outbuildings shall be located according to the most restrictive of the

following:

(A) In the rear portion of the lot, behind the rear building line of the main dwelling.

(B) If on a corner, no closer to a street than the main dwelling.

(C) In compliance with the setbacks requirement required by the deed restrictions of the lot.

(6) Maximum height.

(A) The maximum height of the outbuilding is measured from the peak of the roof

of the outbuilding to grade level.

(B) The maximum height shall be 10 feet, or 50 percent of the height of the peak of the roof of the main dwelling, whichever is lower.

(C) The maximum height of a side wall of an outbuilding shall not exceed 8 feet.


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(7) Additional requirements.

(A) Building area. The building area of an outbuilding shall not exceed the lesser of 200 square feet or 10% of the main structure area.

(B) Site plan. The applicant shall submit a fully dimensioned site plan, showing the

location and the dimensions of the outbuilding, the property lines, easements and all structures within 100 feet of the property line. The sketch shall include a depiction of the size and location of all doors in the outbuilding.

(C) Eaves. The eaves shall overhang the exterior walls by no less than 1 foot and

no more than 3 feet.

(8) Usage and occupancy. Outbuildings shall not be used for accessory dwellings; they should be for personal storage purposes only.

(Ordinance 2007-05-01 adopted 5/7/07) Sec. 4.06.006 Appeals A person whose application for an outbuilding permit is denied by the building official/assistant building official or his/her designee may appeal the decision to the village council by asking that the appeal be placed upon the agenda for a regular village council meeting occurring within thirty (30) days of the date the building official/assistant building official or his/her designee denied the application. (Ordinance 2007-05-01 adopted 5/7/07; Ordinance adopting Code)

ARTICLE 4.07 BUILDING HEIGHT AND ANTENNA FACILITIES Sec. 4.07.001 Title This article may commonly be referred to as the village’s building height and antenna facilities ordinance. (Ordinance 2003-07-01, sec. 2, adopted 7/1/03) Sec. 4.07.002 Purpose This article is adopted so that the village council may promote the public health, safety, morals and general welfare within the village through the regulation of the height of buildings and other structures and the regulation of antenna facilities. The purpose of this article is to provide for a limitation on the maximum height of new and modified buildings and other structures and the orderly siting, placement, construction and modification of antenna facilities within the incorporated municipal boundaries (i.e., city limits) of the village. This article is intended to serve as a comprehensive ordinance that will adequately and equitably regulate the height of buildings and other structures and will regulate antenna facilities. The village seeks to deter the proliferation of overly tall buildings and other structures in the scenic lakeside community and encourage co-location or stealth towers when new antenna facilities are necessary. (Ordinance 2003-07-01, sec. 3, adopted 7/1/03)


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Sec. 4.07.003 Applicability (a) New antenna facilities. All antenna facilities constructed or erected after the effective date of this article within the corporate limits of the village are subject to these regulations, except as provided in section (b) below. (b) Pre-existing antenna facilities. Antenna facilities lawfully constructed prior to the effective date of this article shall not be required to meet the requirements of this article unless they become more than sixty percent (60%) damaged or modifications exceed sixty percent (60%) of the value of the antenna or tower. Pre-existing towers or antennas that do not comply with this article shall be regarded as nonconforming uses. Co-locations are included under this exception. (c) New and modified buildings and other structures. Buildings and other structures constructed, erected, or modified after the effective date of this article within the corporate limits of the village. (Ordinance 2003-07-01, sec. 4, adopted 7/1/03) Sec. 4.07.004 Definitions (a) General provisions. Words and phrases used in this article shall have the meanings set forth in this section. Words and phrases which are not defined in this article but are defined in other ordinances of the village shall be given the meanings set forth in those ordinances. Other words and phrases shall be given their common, ordinary meaning unless the context clearly requires otherwise. Headings and captions are for reference purposes only, and shall not be used in the interpretation of this article. (b) Specific definitions. Accessory building (business or industry). In the nonresidential districts, a subordinate building to the main building that does not exceed the height of the main building and does not exceed fifty percent (50%) of the floor area of the main building, and that is used for purposes accessory and incidental to the main use (see “Accessory use”). Accessory building (residential). In a residential district, a subordinate building that is attached or detached and is used for a purpose that is customarily incidental to the main structure but not involving the conduct of a business. The building area must be significantly less than that of the main structure. Examples may include, but are not limited to, the following: a private garage for automobile storage, tool shed, greenhouse as a hobby, home workshop, children’s playhouse, storage building or garden shelter. Accessory use. A use that is customarily incidental, appropriate and subordinate to the principal use of land or building(s) and that is located upon the same lot therewith. The land and building area that is used for the accessory use must be significantly less than that used for the primary use, and the gross receipts that are derived from the accessory use must be significantly less than that derived from the primary use.


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Antenna. Any apparatus designed for the transmitting and/or receiving of electromagnetic waves that includes but is not limited to telephonic, radio, or television communications. Types of antennas include, but are not limited to, omni-directional antennas; personal wireless service facilities; sectorized or panel antennas; multi or single bay antennas; and yagi, dipole, or parabolic antennas. Antenna array. A single or group of antennas and their associated mounting hardware, transmission lines, or other appurtenances that share a common attachment device such as a mounting frame or mounting support. Antenna facilities. Any antenna and antenna-supporting structure, personal wireless service facilities, tower, or other vertical projection composed of metal or other substances, with or without foundation, that is for the express purpose of accommodating antennas at a desired height above grade, or related unmanned equipment building. This term includes amateur radio antennas and receive-only antennas over twenty-five (25) feet in height. Building. A roofed, walled, or roofed and walled structure intended for human or animal occupation or for decorative purposes, including but not limited to a house, office, warehouse, store, shop, garage, carport, school, factory, apartment complex, church, steeple, monument, or similar edifice, whether intended to be permanent or temporary, regardless of construction material. Commercial mobile service. Any mobile service (as defined by 47 U.S.C. section 153) that is provided for profit and makes interconnected service available:

(1) To the public; or

(2) To such classes of eligible users as to be effectively available to a substantial portion of the public, as specified by regulation by the FCC.

FAA. The Federal Aviation Administration, or a successor agency having jurisdiction over antenna facilities. FCC. The Federal Communications Commission, or a successor agency having jurisdiction over antenna facilities. Height.

(1) When referring to an antenna facility regulated by this article, the distance measured from the natural or finish grade (ground) to the highest point on the tower or structure, including the base pad and any antenna facilities.

(2) When referring to a structure regulated by this article, the distance measured from the

highest parapet or roof ridge to the natural or finish grade (ground) at the lowest point adjacent to the building exterior, whichever yields the greatest height.


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Nonconforming use. A structure or an antenna facility that lawfully predated the adoption of this article and any accompanying regulations that prohibit or restrict such use, structure, or antenna facility. OSHA. The federal Occupational Safety and Health Administration, or a successor agency having comparable jurisdiction. Person. Any human individual or corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. Personal wireless services. Commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services. Personal wireless service facilities. Facilities for the provision of personal wireless services. Receive-only antenna. Any tower or antenna that is used exclusively for reception only, including local television broadcast reception antennas, direct satellite antennas, or multi-channel multipoint distribution services. Stealth antenna facility. An antenna facility that is not readily visible or identifiable as such, and is designed to be aesthetically compatible with existing and proposed uses on a site. A stealth antenna facility may have a secondary function such as a church steeple, bell tower, spire, clock tower, water tower, utility pole, light standard, flagpole or tree, for example. Structure. Any man-made edifice that does not meet the definition of building, tower, or antenna facility contained herein but which is otherwise determined by the village council to be of a character or height that this article was designed and intended to regulate. Tower. Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including the following:

(1) Monopole antenna. A self-supporting pole type structure with no guy wire support, tapering from base to top and so designed to support fixtures which hold one or more antennas and related equipment for wireless telecommunication transmission;

(2) Lattice antenna. A steel lattice, self-supporting structure with no guy wire support, so

designed to support fixtures which hold one or more antennas and related equipment for wireless communication transmission; or

(3) Guyed lattice antenna. A steel lattice, guy wire supported structure, so designed to

support fixtures which hold one or more antennas and related equipment for wireless communication transmission.

Unlicensed wireless service. The offering of telecommunications services using duly authorized devices which do not require individual licenses, but does not mean the provision of direct-to-home satellite services (as defined in 47 U.S.C. section 303(v)).


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Unmanned equipment building. An accessory building housing electronic and communication equipment as an associated and permitted part of an antenna facility. Village. The Village of Point Venture. The term may also refer to employees, agents or other designees of the village council. Village council or council. The governing body (i.e., board of aldermen) of the village. (Ordinance 2003-07-01, sec. 5, adopted 7/1/03) Sec. 4.07.005 Provisions cumulative The provisions of this article are to be cumulative of all other ordinances or parts of ordinances; provided, however, that all prior ordinances or parts of ordinances inconsistent with or in conflict with any of the provisions of this article are hereby expressly repealed to the extent of any such inconsistency or conflict. (Ordinance 2003-07-01, sec. 12, adopted 7/1/03) Sec. 4.07.006 Enforcement; penalties (a) Civil and criminal penalties. The village shall have the power to administer and enforce the provisions of this article as may be required by governing law. Any person violating any provision of this article is subject to suit for injunctive relief as well as prosecution for criminal violations. Any violation of this article is hereby declared to be a nuisance. (b) Criminal prosecution. Any person violating any provision of this article shall, upon conviction, be fined a sum in accordance with the general penalty provided in section 1.01.009 of this code. Each day that a provision of this article is violated shall constitute a separate offense. An offense under this article is a misdemeanor. (c) Civil remedies. Nothing in this article shall be construed as a waiver of the village’s right to bring a civil action to enforce the provisions of this article and to seek remedies as allowed by law, including but not limited to the following:


(2) A civil penalty up to one hundred dollars ($100.00) a day when it is shown that the

defendant was actually notified of the provisions of this article and, after receiving notice, committed acts in violation of this article or failed to take action necessary for compliance with this article; and


(Ordinance 2003-07-01, sec. 14, adopted 7/1/03; Ordinance adopting Code) Sec. 4.07.007 Conditional use permit for antenna facilities (a) Conditional use permit required. It shall be unlawful for any person to erect, construct in place, place or re-erect, or replace any antenna facility without first making application to and securing a conditional use permit from the village, as hereinafter provided.


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(b) Exceptions. Conditional use permits are not required for:

(1) Adjustment, replacement or repair of the elements of an antenna array affixed to an antenna facility, provided that replacement does not reduce the safety factor.

(2) Antenna facilities erected temporarily for test purposes, for emergency

communication, or for broadcast remote pickup operations. Temporary antennas shall be removed within seventy-two (72) hours following installation.

(3) The installation of receive-only or amateur radio antennas less than twelve (12) feet

above the peak of the roof of a building.

(4) Any ground-mounted receive-only or amateur radio antennas less than twenty-five (25) feet in height.

(5) Co-location of additional antennas on existing antenna facilities that have obtained

the necessary village permits or are nonconforming uses. (c) Application. The applicant shall provide at the time of application sufficient information to indicate that construction, installation, and maintenance of the antenna facility will not create a safety hazard or damage to the property of other persons. In addition to the information required elsewhere in this article, conditional use permit applications for antenna facilities shall include the following information:

(1) A report from a qualified and licensed professional engineer which:

(A) Describes the antenna facility height and design, including a cross-section and elevation;

(B) Documents the height above grade for all potential mounting positions for co-

located antenna facilities and the minimum separation distances between antenna facilities;

(C) Describes the antenna facility’s capacity, including the number and type of

antennas that it can accommodate;

(D) Documents what steps the applicant will take to avoid interference with established public safety telecommunications;

(E) Includes an engineer’s stamp and registration number;

(F) Includes other information necessary to evaluate the request; and

(G) Prior to the installation of a roof-mounted antenna, the village shall be provided

with an engineer’s certification that the roof will support the proposed antenna facility and associated roof-mounted equipment or that adequate modifications will be made to reinforce the roof.


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(2) For all antenna facilities, a letter of intent committing the owner and his or her successors to allow the shared use of the facility if an additional user agrees in writing to meet reasonable terms and conditions for shared use and shared use will not unreasonably interfere with use by the existing user.

(3) Before the issuance of a conditional use permit, the following supplemental

information shall be submitted:

(A) Proof that the applicant has sought the necessary authorization from the FAA and FCC, as applicable.

(B) A report from a qualified and licensed professional engineer which

demonstrates the antenna facility’s compliance with structural and electrical standards.

(4) Documentation of the applicant’s mitigation plan, which at a minimum shall include

proposed landscaping, screening and security measures.

(5) Lists of other tower facilities owned or operated by the applicant within the village and Travis County.

(d) Fees.

(1) The fee to be paid for conditional use permit applications and inspections is that prescribed by the village council.

(2) In addition to the fee specified above, the applicant shall reimburse the village for the

actual cost to the village for the services of an engineer should an engineer be required to review the application and provide engineering expertise to the village, up to a maximum of five thousand dollars ($5,000.00).

(e) Review schedule. The village shall review, consider, and take action upon an application for a conditional use permit within sixty (60) days of receipt of a complete application unless postponement is requested by the applicant. (f) Expiration of permits. Conditional use permits issued under this section shall expire in twelve (12) months if the project is not completed. In determining whether the facility is complete, the opinion of the village’s engineer shall be definitive. It shall be unlawful for a person to continue construction on an antenna facility after the applicable permit has expired. Applicants may request in writing that the village grant an extension for no more than six (6) months. (Ordinance 2003-07-01, sec. 7, adopted 7/1/03) Sec. 4.07.008 Standards for antenna facilities (a) General standards. All antenna facilities erected, constructed, placed or sited within the village, and all wiring therefor, shall comply with the following requirements:

(1) All applicable provisions of this article.


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(2) Antenna facilities shall be certified by a qualified and licensed professional engineer to conform to the latest structural standards and wind loading requirements of the village commercial building code.

(3) Antenna facilities shall be designed to conform to accepted electrical engineering

methods and practices and to comply with the provisions of the National Electrical Code.

(4) All signal and remote control conductors of low energy extending substantially above

the ground, between an antenna facility and a structure, or between towers, shall be at least eight (8) feet above the ground at all points, unless buried underground.

(5) Every tower affixed to the ground shall be protected to discourage climbing of the

antenna facility by unauthorized persons. Such protection may include but is not limited to signage and security fencing.

(6) All antenna facilities shall be constructed to conform to requirements of OSHA.

(b) Number of antenna facilities. Only one (1) antenna facility shall exist at any one time on any one lot or parcel located in a residential area, as established by village regulations or by the Point Venture Property Owners Association and related restrictive covenants and/or deed restrictions. (c) Design requirements. Proposed or modified antenna facilities shall meet the following design requirements:

(1) A site plan demonstrating the surrounding topography and existing structures, tree cover, and vegetation. The site plan shall also include proposed landscaping and screening measures designed to minimize the adverse impacts of the antenna facility on adjacent properties and scenic views.

(2) Design plans explaining the applicant’s plans to construct, paint, or architecturally

camouflage the antenna facility so to minimize the adverse impacts of the antenna facility on adjacent properties and scenic views.

(d) Setbacks. Antenna facilities shall conform with each of the following minimum setback requirements:

(1) The required setback for antenna facilities not rigidly attached to a building shall be equal to the cumulative height of the antenna and tower.

(2) No antenna facilities shall be in excess of a height equal to the distance from the base

of the antenna and tower to the nearest overhead electrical power line which serves more than one dwelling or place of business, less five (5) feet.

(3) At a minimum, antenna facilities shall meet the setbacks of the underlying zoning

district, with the exception of industrial zoning districts, where towers may encroach into the rear setback area, provided that the rear property line abuts another industrially zoned property and the tower does not encroach upon any easements.


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(4) Antenna facilities shall be set back from the planned public rights-of-way as shown on applicable deeds or survey by a minimum distance equal to one-half of the height of the tower including all antennas and attachments.

(5) Antenna facilities shall not be located between a principal structure and a public

street, with the following exceptions:

(A) In industrial zoning districts, towers may be placed within a side yard abutting an internal industrial street.

(B) On sites adjacent to public streets on all sides, antenna facilities may be placed

within a side yard abutting a local street.

(C) An antenna facility’s setback may be reduced or its location in relation to a public street varied, at the sole discretion of the village, to allow the integration of a tower into an existing or proposed structure such as a church steeple, light standard, power line support device, or similar structure.

(e) Height. All proposed antenna facilities shall comply with the following height restrictions:

(1) In general, the maximum [height] of any antenna facility, including all attachments, shall be seventy-five (75) feet;

(2) In residential areas and upon those lots immediately adjacent to residences, the

maximum height of any antenna facility, including all antennas and other attachments, shall not exceed one (1) foot for each four (4) feet the tower is set back from adjoining residential property up to a maximum height of sixty (60) feet.

(3) In all other areas, the maximum height of any antenna facility, including all

attachments, shall not exceed one (1) foot for each two (2) feet the tower is set back from residential property up to a maximum height of one hundred fifty (150) feet.

(f) Illumination; platforms or similar structures. No antenna facilities in any residential zoning district shall have affixed or attached in any way except during times of repair or installation any lights, reflectors, flashers, or other illuminating device, except as required by the FAA, nor shall any tower have constructed thereon, or attached thereto, in any way, any platform, catwalk, crow’s nest, or like structure, except during periods of construction or repair. (g) Signs and advertising.

(1) Prohibited signs. The use of any portion of an antenna facility for signs other than identification, warning or equipment information signs is prohibited.

(2) Identification sign. An antenna facility must bear a sign identifying the owner of the

antenna facility and providing an emergency telephone number. The sign must be no smaller than one (1) square foot and must be located outside the facility in a location clearly visible from the adjacent public right-of-way.


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(h) Accessory utility buildings. All utility buildings and structures necessary to an antenna facility shall be architecturally designed to blend in with the surrounding environment and shall meet the minimum setback requirements of all deed restrictions. Ground-mounted equipment shall be screened from view by suitable vegetation, except where a design of non-vegetative screening better reflects and complements the architectural character of the surrounding neighborhood. (i) Abandoned or unused towers or portions of antenna facilities. All abandoned or unused antenna facilities and associated facilities shall be removed within twelve (12) months of the cessation of operations at the site unless a time extension is approved by the village. A copy of the relevant portions of a signed lease which requires the applicant to remove the tower and associated facilities upon cessation of operations at the site shall be submitted at the time of application for a conditional use permit. In the event that an antenna facility is not removed within twelve (12) months of the cessation of operations at a site, the antenna facility and associated structures may be removed by the village and the costs of removal assessed against the property. (j) Antennas mounted on roofs, walls and existing towers. The placement of wireless telecommunication antennas or antenna facilities on roofs, walls, and existing towers may be approved by the village, provided the antenna facilities meet the requirements of this article and any applicable deed restrictions or restrictive covenants. (k) Interference with public safety telecommunications. No new or existing telecommunications service shall interfere with public safety telecommunications. All applications for new service shall be accompanied by an intermodulation study which provides a technical evaluation of existing and proposed transmissions and indicates all potential interference problems. Before the introduction of new service or changes in existing service, telecommunication providers shall notify the village at least ten calendar days in advance of such changes and allow the village to monitor interference levels during the testing process. (l) Inspections. At the village’s option, all antenna facilities may be inspected at least once each year by a designated official of the village to determine compliance with original construction standards. Deviation from original construction for which a permit is obtained constitutes a violation of this article. (Ordinance 2003-07-01, sec. 8, adopted 7/1/03) Sec. 4.07.009 Co-location requirements for antenna facilities; stealth facilities (a) Co-location required. All antenna facilities erected, constructed, or located within the village shall comply with the following requirements:

(1) An application for a conditional use permit for a new antenna facility shall not be approved unless the village finds that the equipment planned for the proposed antenna facility cannot be accommodated on an existing or approved tower or building within a one mile search radius (one-half mile search radius for towers under


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one hundred twenty (120) feet in height, one-quarter mile search radius for towers under eighty (80) feet in height) of the proposed tower due to one or more of the following reasons:

(A) The planned equipment would exceed the structural capacity of the existing or

approved antenna facility or building, as documented by a qualified and licensed professional engineer, and the existing or approved antenna facility cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost.

(B) The planned equipment would cause interference with or would materially

impact the usability of other existing or planned equipment at the existing antenna facility or building as documented by a qualified and licensed professional engineer, and the interference or material impact cannot be prevented at a reasonable cost.

(C) Existing or approved towers and buildings within the search radius cannot

accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified and licensed professional engineer.

(D) Other unforeseen reasons that make it unfeasible to locate the planned

equipment upon an existing or approved tower or building. (b) Additional capacity required. Any proposed antenna facility must be designed, structurally, electrically, and in all respects, to accommodate both the applicant’s antennas and comparable antennas for at least two (2) additional users if the tower is over one hundred (100) feet in height or for at least one (1) additional user if the tower is over sixty (60) feet in height. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights. (c) Stealth antenna facilities encouraged. CUP applications requesting authorization for stealth antenna facilities will be given expedited consideration by the village because of the reduced impact of such structures on the community. (Ordinance 2003-07-01, sec. 9, adopted 7/1/03) Sec. 4.07.010 Receive-only antenna facilities Receive-only antennas shall be considered as permissible accessory uses in all areas of the village and shall be permitted in accordance with the regulations for detached accessory structures, provided that the proposed antenna conforms to applicable deed restrictions and restrictive covenants. (Ordinance 2003-07-01, sec. 10, adopted 7/1/03) Sec. 4.07.011 Variances (a) In order to reasonably accommodate new buildings, structures, and antenna facilities, the village council is authorized in specific cases to issue a variance from the strict and literal terms of this article if the council makes specific written findings as follows:

(1) The variance is not contrary to the public interest;


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(2) Due to special conditions, a literal enforcement of this article would result in unnecessary hardship; and

(3) The spirit of this article will be observed and substantial justice will be done.

(b) Any entity that desires to construct, erect, or modify a building or other structure or to erect or utilize antenna facilities that would otherwise be prohibited by this article or other regulations of the village may apply for a variance under this section. The village council, upon making the written findings described in subsection (a) above, or upon a showing that strict application of the regulation would prohibit or have the effect of prohibiting personal wireless services as defined by federal law, or upon finding that failure to grant the variance would unreasonably fail to accommodate amateur radio communications, may vary the subject regulation, consistent with the spirit and intent of this article, to the extent necessary to relieve the unnecessary hardship or prevent the prohibition. (c) Expiration of variances. Variances granted under this section shall expire in twelve (12) months if the project is not at least fifty percent (50%) completed. In determining the level of completion, the opinion of the village’s engineer shall be definitive. It shall be unlawful for a person to continue construction on an antenna facility after the applicable variance has expired. Applicants may request in writing that the village grant an extension for no more than six (6) months. (Ordinance 2003-07-01, sec. 11, adopted 7/1/03)

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CHAPTER 5

BUSINESS REGULATIONS

[This chapter reserved for future use.]

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CHAPTER 6

FIRE PREVENTION AND PROTECTION ARTICLE 6.01 GENERAL PROVISIONS ................................................................................. 6-7 ARTICLE 6.02 FIREWORKS ..................................................................................................... 6-7 Sec. 6.02.001 Purpose .................................................................................................. 6-7 Sec. 6.02.002 Definitions ............................................................................................. 6-7 Sec. 6.02.003 Enforcement; penalties .......................................................................... 6-8 Sec. 6.02.004 Sale, manufacture, possession or use prohibited ................................... 6-8 Sec. 6.02.005 Exceptions ............................................................................................. 6-8

[Next page is 6-7.]

Point Venture Code of Ordinances Chapter 6: Fire Prevention and Protection

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ARTICLE 6.01 GENERAL PROVISIONS*

(Reserved)

ARTICLE 6.02 FIREWORKS† Sec. 6.02.001 Purpose This article is adopted so that the village council may promote the public health, safety, morals, and general welfare within the village through the prohibition of the sale, manufacture, possession, use, or combustion of fireworks. By prohibiting the sale, manufacture, possession, use, or combustion of fireworks, the village council seeks to prevent bodily injury, death, and the loss or damage of property within the village limits. (Ordinance 2001-06-01, sec. II, adopted 6/4/01) Sec. 6.02.002 Definitions Words and phrases used in this article shall have the meanings set forth in this section. Words and phrases which are not defined in this article but are defined in other ordinances of the village shall be given the meanings set forth in those ordinances. Other words and phrases shall be given their common, ordinary meaning unless the context clearly requires otherwise. Headings and captions are for reference purposes only, and shall not be used in the interpretation of this article. Explosives means any gunpowders, blasting materials, or any other chemical compounds or mechanical mixtures containing any oxidizing or combustible ingredients in such proportions that may or have [sic] the capability to cause an explosion. The term “explosives” shall not include signaling devices or emergency equipment. The term “explosives” shall also not apply to ammunition designed to be fired from a handgun, rifle, or shotgun held by the hand or to the shoulder; explosive materials or ingredients possessed by any employee of a village police department, county sheriff, or federal or state government, provided that such materials or ingredients are to be used for the purpose of law enforcement; or flammable liquids or other explosive materials or ingredients already regulated by the state or federal government. Fireworks means any firecrackers, cannon charges, skyrockets, missiles, showers, roman candles, sparklers, spinning discs, star shells, torpedoes, squibs, stick rockets, jumping jacks, M-60’s, M-80’s, smoke bombs, or any other substance which is intended for use in creating a visible or audible pyrotechnic display, and such term shall include all articles or substances within the meaning of fireworks, whether herein specifically named, designated, or defined or not.

* State law references–Municipal fire protection, V.T.C.A., Local Government Code, sec. 342.001 et seq.; authority of city to establish fire regulations, V.T.C.A., Local Government Code, sec. 342.003. † State law references–Authority of municipality to regulate the use of fireworks, V.T.C.A., Local Government Code, sec. 342.003; fireworks and fireworks displays, V.T.C.A., Occupations Code, ch. 2154; authority of city to prohibit or further regulate fireworks, V.T.C.A., Occupations Code, sec. 2154.004.


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Person means and includes any natural person, association of persons, partnership, corporation, agent, or officer of a corporation, and shall also include all warehousemen, common and private carriers, bailees, trustees, receivers, executors, and administrators. Village limits means the municipal boundaries of the village. (Ordinance 2001-06-01, sec. III, adopted 6/4/01) Sec. 6.02.003 Enforcement; penalties (a) Civil and criminal penalties. The village shall have the power to administer and enforce the provisions of this article as may be required by governing law. Any person violating any provision of this article is subject to suit for injunctive relief as well as prosecution for criminal violations. Any violation of this article is hereby declared to be a nuisance. (b) Criminal prosecution. Any person violating any provision of this article shall, upon conviction, be fined a sum in accordance with the general penalty provided in section 1.01.009 of this code. Each day that a provision of this article is violated shall constitute a separate offense. An offense under this article is a misdemeanor. (c) Civil remedies. Nothing in this article shall be construed as a waiver of the village’s right to bring a civil action to enforce the provisions of this article and to seek the remedies as allowed by law, including but not limited to the following:


(2) A civil penalty up to $500.00 per day when it is shown that the defendant was

actually notified of the provisions of this article and after receiving notice committed acts in violation of this article or failed to take action necessary for compliance with this article; and


(Ordinance 2001-06-01, sec. VII, adopted 6/4/01; Ordinance adopting Code) Sec. 6.02.004 Sale, manufacture, possession or use prohibited It shall be unlawful for any person to sell, manufacture, keep or possess, use, or ignite or cause the combustion of fireworks of any kind or description within the village limits. (Ordinance 2001-06-01, sec. IV, adopted 6/4/01) Sec. 6.02.005 Exceptions Section 6.02.004 of this article shall not apply to such person or persons who have obtained the express written consent of the village council to engage in the use or combustion of fireworks as part of a public or private festival or holiday display. Persons wishing to become duly authorized for this purpose must, prior to authorization, comply with any and all licensing or permitting requirements. (Ordinance 2001-06-01, sec. V, adopted 6/4/01)

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CHAPTER 7

HEALTH AND SANITATION ARTICLE 7.01 GENERAL PROVISIONS ................................................................................. 7-7 ARTICLE 7.02 FOOD ESTABLISHMENTS ............................................................................. 7-7 Division 1. Generally................................................................................................................. 7-7 Sec. 7.02.001 Adoption of state rules........................................................................... 7-7 Sec. 7.02.002 Definitions ............................................................................................. 7-7 Sec. 7.02.003 Enforcement; penalty............................................................................. 7-7 Sec. 7.02.004 Certified food manager.......................................................................... 7-8 Division 2. Permit...................................................................................................................... 7-8 Sec. 7.02.031 Required; exceptions ............................................................................. 7-8 Sec. 7.02.032 Application; renewal; fee; inspections .................................................. 7-8 Sec. 7.02.033 Review of plans ..................................................................................... 7-9 Sec. 7.02.034 Suspension............................................................................................. 7-9 Sec. 7.02.035 Revocation........................................................................................... 7-10 Sec. 7.02.036 Administrative procedures................................................................... 7-10 ARTICLE 7.03 PUBLIC SWIMMING POOLS ........................................................................ 7-10 Division 1. Generally............................................................................................................... 7-10 Sec. 7.03.001 Adoption of state rules......................................................................... 7-10 Sec. 7.03.002 Definitions ........................................................................................... 7-11 Sec. 7.03.003 Enforcement; penalty........................................................................... 7-11 Division 2. Permit.................................................................................................................... 7-11 Sec. 7.03.031 Required .............................................................................................. 7-11 Sec. 7.03.032 Application; renewal; fee; inspections ................................................ 7-12 Sec. 7.03.033 Review of plans ................................................................................... 7-12 Sec. 7.03.034 Suspension........................................................................................... 7-12 Sec. 7.03.035 Revocation........................................................................................... 7-13 Sec. 7.03.036 Administrative procedures................................................................... 7-13 ARTICLE 7.04 LITTER CONTROL AND LOT MAINTENANCE ........................................ 7-14 Sec. 7.04.001 Purpose ................................................................................................ 7-14 Sec. 7.04.002 Definitions ........................................................................................... 7-14 Sec. 7.04.003 Enforcement; penalties ........................................................................ 7-15 Sec. 7.04.004 Litter prohibited................................................................................... 7-15 Sec. 7.04.005 Litter reporting .................................................................................... 7-16 Sec. 7.04.006 Litter removal ...................................................................................... 7-16 Sec. 7.04.007 Lot maintenance program and limb chipping service ......................... 7-16 ARTICLE 7.05 HIGH GRASS AND WEEDS .......................................................................... 7-17 Sec. 7.05.001 Prohibited ............................................................................................ 7-17 Sec. 7.05.002 Duty to cut and remove ....................................................................... 7-17 Sec. 7.05.003 Notice to cut and remove..................................................................... 7-17 Sec. 7.05.004 Cutting and removal by city; lien for city’s expenses ......................... 7-18 Sec. 7.05.005 Additional authority to abate dangerous weeds................................... 7-19 Sec. 7.05.006 Penalty ................................................................................................. 7-19

[Next page is 7-7.]

Point Venture Code of Ordinances Chapter 7: Health and Sanitation

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(Reserved)

ARTICLE 7.02 FOOD ESTABLISHMENTS†

Division 1. Generally Sec. 7.02.001 Adoption of state rules The village adopts by reference the provisions of the Texas Food Establishment Regulations of the state board of health which are found in 25 Texas Administrative Code, chapter 228, regarding the regulation of food establishments in this jurisdiction, as such rules currently exist, and as they are amended from time to time. (Ordinance 2004-07-01, sec. 1.101, adopted –/–/04; Ordinance adopting Code) Sec. 7.02.002 Definitions Authorized agent or employee. An employee of the village, a representative of the village designated by the village council, or an employee of the City of Austin acting as an agent of the village pursuant to an interlocal agreement between the village and the City of Austin. Food establishment. A restaurant, cafe, cafeteria or similar establishment, the primary purpose of which is to sell food and meals to the public, operating either seasonally or year-round. State rules. The Texas Food Establishment Regulations found at 25 Texas Administrative Code, chapter 228. Village. The Village of Point Venture. Any reference herein to the village shall mean the village council or a person designated by the village council to perform the duties or exercise the authority provided for in this article. (Ordinance 2004-07-01, sec. 1.102, adopted –/–/04; Ordinance adopting Code) Sec. 7.02.003 Enforcement; penalty (a) Any violation of this article shall be punished by a fine in accordance with the general penalty provided in section 1.01.009 of this code per day, subject to applicable state law. Each day a violation occurs constitutes a separate violation.

* State law references–Authority to enforce laws to protect public health, V.T.C.A., Health and Safety Code, sec. 121.003; local regulation of sanitation, V.T.C.A., Health and Safety Code, ch. 342; minimum standards of sanitation and health protection, V.T.C.A., Health and Safety Code, ch. 341. † State law reference–Regulation of food service establishments, retail food stores, mobile food units, and roadside food vendors, V.T.C.A., Health and Safety Code, sec. 437.001 et seq.


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(b) The village may authorize its attorney to initiate appropriate actions in a court of competent jurisdiction to enforce the provisions of this article or to enjoin such violations which occur within the village or any area subject to all or part of the provisions in this article. Prosecution or conviction under this provision shall not be a bar to any other remedy or relief for violations of this article. (Ordinance 2004-07-01, sec. 1.110, adopted –/–/04; Ordinance adopting Code) Sec. 7.02.004 Certified food manager Each commercial, permanently located food establishment in the village shall employ at least one certified food manager certified pursuant to an accredited program under the state rules. (Ordinance 2004-07-01, sec. 1.105, adopted –/–/04) State law references–Certification of food managers, V.T.C.A., Health and Safety Code, sec. 438.101 et seq.; authority to require employment of certified food managers in certain establishments, V.T.C.A., Health and Safety Code, sec. 437.0076. Secs. 7.02.005–7.02.030 Reserved

Division 2. Permit* Sec. 7.02.031 Required; exceptions (a) A person may not operate a food establishment without a permit issued by the village. Permits are not transferable from one person to another or from one location to another location, except as otherwise permitted by this article. A valid permit must be posted in or on every food establishment regulated by this article. (b) A food establishment operated solely by a nonprofit organization is exempt from the permitting requirements of this article, but is not exempt from compliance with state rules. The village may require any information necessary to determine whether an organization is nonprofit for purposes of this exemption. (Ordinance 2004-07-01, sec. 1.103, adopted –/–/04) Sec. 7.02.032 Application; renewal; fee; inspections (a) Any person now operating or desiring to operate a food establishment must make a written application for a permit on forms provided by the village. The application must contain the name and address of each applicant, the location and type of the proposed food establishment and the applicable fee. An incomplete application will not be accepted. Failure to provide all required information, or falsifying information required, may result in denial or revocation of the permit. Renewals of permits are required on an annual basis and the same information is required for a renewal permit as for an initial permit.

* State law reference–Authority to require permit for food service establishment, etc., V.T.C.A., Health and Safety Code, sec. 437.004.


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(b) Except for a food establishment that was in existence and was in operation prior to the effective date of this article, prior to the approval of an initial permit for a food establishment, an authorized agent or employee shall inspect the food establishment to determine compliance with state laws and rules. A food establishment that does not comply with state laws and rules will be denied a permit or the renewal of a permit. (c) The fee for a permit shall be annually approved by the village. (d) By acceptance of a permit, the permittee agrees to permit unannounced annual or periodic inspections for compliance with the state rules by an authorized agent or employee. (Ordinance 2004-07-01, sec. 1.104, adopted –/–/04) Sec. 7.02.033 Review of plans (a) Whenever a food establishment is constructed or extensively remodeled and whenever an existing structure is converted to use as a food establishment, properly prepared plans and specifications for such construction, remodeling or conversion shall be submitted to the village for review before work is begun. Extensive remodeling means that 20% or greater of the area of the food establishment is to be remodeled. The plans and specifications shall indicate the proposed layout, equipment arrangement, mechanical plans and construction of materials of work areas, and the type and model of proposed fixed equipment and facilities. The plans and specifications will be approved by the village if they meet the requirements of the state rules or other applicable ordinance of the village. The approved plans and specifications must be followed in construction, remodeling or conversion. (b) Failure to follow the approved plans and specifications will result in a permit denial, suspension, or revocation. (Ordinance 2004-07-01, sec. 1.106, adopted –/–/04) Sec. 7.02.034 Suspension (a) The village may, without warning, notice, or hearing, suspend any permit to operate a food establishment if the operation of the food establishment constitutes an imminent hazard to public health or if an authorized agent or employee informs the village that the food establishment is noncompliant with the state rules and that its permit should be suspended. Suspension is effective upon service of the notice required by this section. When a permit is suspended, food operations shall immediately cease. Whenever a permit is suspended, the holder of the permit shall be afforded an opportunity for a hearing within 20 days of receipt of a request for a hearing. (b) Whenever a permit is suspended, the holder of the permit or the person in charge shall be notified in writing that the permit is, upon service of the notice, immediately suspended and that an opportunity for a hearing will be provided if a written request for a hearing is filed with the village by the holder of the permit within ten days. If no written request for hearing is filed within ten days, the suspension is sustained. The village may end the suspension at any time if reasons for suspension no longer exist. (Ordinance 2004-07-01, sec. 1.107, adopted –/–/04)


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Sec. 7.02.035 Revocation (a) The village may, after providing opportunity for a hearing, revoke a permit for serious or repeated violations of any of the requirements of these rules or for interference with the authorized agent or employee conducting an inspection of the food establishment or otherwise performing his or her duties. Prior to revocation, the village shall notify the holder of the permit or the person in charge, in writing, of the reason for which the permit is subject to revocation and that the permit shall be revoked at the end of the ten days following service of such notice unless a written request for a hearing is filed with the regulatory authority by the holder of the permit within such ten-day period. (b) If no request for hearing is filed within the ten-day period, the revocation of the permit becomes final. (Ordinance 2004-07-01, sec. 1.108, adopted –/–/04) Sec. 7.02.036 Administrative procedures (a) Notices. A notice as required in these rules is properly served when it is delivered to the holder of the permit or the person in charge, or when it is sent by registered or certified mail, return receipt requested, to the last known address of the holder of the permit. A copy of the notice shall be filed in the records of the village. (b) Hearings. The hearings provided for in these rules shall be conducted by the village at a time and place designated by it. Based upon the evidence presented at such hearing, the village shall make final findings, and shall sustain, modify or rescind any notice or order considered in the hearing. A written report of the hearing decision shall be furnished to the holder of the permit by the village. (Ordinance 2004-07-01, sec. 1.109, adopted –/–/04)

ARTICLE 7.03 PUBLIC SWIMMING POOLS*

Division 1. Generally Sec. 7.03.001 Adoption of state rules The village adopts the regulations and standards for swimming pools contained in section 341.064, Texas Health & Safety Code, as such section currently exists, as it may be amended from time to time, and as the department of state health services or state board of health may adopt rules and regulations pursuant thereto. (Ordinance 2004-07-02, sec. 1.101, adopted –/–/04)

* State law reference–Sanitation of public swimming pools and bathhouses, V.T.C.A., Health and Safety Code, sec. 341.064.


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Sec. 7.03.002 Definitions Authorized agent or employee. An employee of the village, a representative of the village designated by the village council, or an employee of the City of Austin acting as an agent of the village pursuant to an interlocal agreement between the village and the City of Austin. State rules. Section 341.064, Texas Health & Safety Code, as such section currently exists, as it may be amended from time to time, and as the department of state health services or state board of health may adopt rules and regulations pursuant thereto. Swimming pool. An artificial body of water, including a spa, maintained expressly for public recreational purposes, swimming and aquatic sports, or for therapeutic purposes, that is located within the corporate boundaries of the village. The term applies to any swimming pool that is open to the public, whether for compensation or not, and whether accessed by payment of admission, use of electronic key card, seasonal pass, or other special means of admission. The term does not include privately owned swimming pools that are not open to the public. The term includes any bathhouse, office, enclosed space or other facilities or appurtenances that comprise the grounds, equipment, and buildings of the swimming pool. Village. The Village of Point Venture. Any reference herein to the village shall mean the village council or a person designated by the village council to perform the duties or exercise the authority provided for in this article. (Ordinance 2004-07-02, sec. 1.102, adopted –/–/04) Sec. 7.03.003 Enforcement; penalty (a) Any violation of this article shall be punished by a fine in accordance with the general penalty provided in section 1.01.009 of this code per day, subject to applicable state law. Each day a violation occurs constitutes a separate violation. (b) The village may authorize its attorney to initiate appropriate actions in a court of competent jurisdiction to enforce the provisions of this article or to enjoin such violations which occur within the village or any area subject to all or part of the provisions in this article. Prosecution or conviction under this provision shall not be a bar to any other remedy or relief for violations of this article. (Ordinance 2004-07-02, sec. 1.110, adopted –/–/04; Ordinance adopting Code) Secs. 7.03.004–7.03.030 Reserved

Division 2. Permit Sec. 7.03.031 Required A person may not operate a swimming pool without a permit issued by the village. Permits are not transferable from one person to another or from one location to another location, except as otherwise permitted by this article. A valid permit must be posted at each swimming pool regulated by this article. (Ordinance 2004-07-02, sec. 1.103, adopted –/–/04)


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Sec. 7.03.032 Application; renewal; fee; inspections (a) Any person now operating or desiring to operate a swimming pool in the village must make a written application for a permit on forms provided by the village. The application must contain the name and address of each applicant, the location and type of the swimming pool and the applicable fee. An incomplete application will not be accepted. Failure to provide all required information, or falsifying information required, may result in denial or revocation of the permit. Renewals of permits are required on an annual basis and the same information is required for a renewal permit as for an initial permit. (b) Except for a swimming pool that is in existence and which has been in operation prior to the effective date of this article, prior to the approval of an initial permit for a swimming pool, an authorized agent or employee shall inspect the swimming pool to determine compliance with state laws and rules. A swimming pool that does not comply with state laws and rules will be denied a permit or the renewal of a permit. (c) The fee for a permit shall be adopted annually by the village. (d) By acceptance of a permit, the permittee agrees to allow unannounced annual or periodic inspections for compliance with the state rules by an authorized agent or employee. (Ordinance 2004-07-02, sec. 1.104, adopted –/–/04) Sec. 7.03.033 Review of plans (a) Whenever a swimming pool is constructed or extensively remodeled, properly prepared plans and specifications for such construction, remodeling or conversion shall be submitted to the village for review before work is begun. Extensive remodeling means that 20% or greater of the area of the swimming pool is to be remodeled. The plans and specifications shall indicate the proposed layout, equipment arrangement, mechanical plans and construction of materials of work areas, and the type and model of proposed fixed equipment and facilities. The plans and specifications will be approved by the village if they meet the requirements or standards of the state rules or other applicable ordinance of the village. The approved plans and specifications must be followed in construction or remodeling. (b) Failure to follow the approved plans and specifications will result in a permit denial, suspension, or revocation. (Ordinance 2004-07-02, sec. 1.105, adopted –/–/04) Sec. 7.03.034 Suspension (a) The village may, without warning, notice, or hearing, suspend any permit to operate a swimming pool if the operation of the swimming pool constitutes an imminent hazard to public health or if an authorized agent or employee informs the village that the swimming pool is noncompliant with the state rules and that its permit should be suspended. Suspension is effective upon service of the notice required by this section. When a permit is suspended, swimming pool operations shall immediately cease. Whenever a permit is suspended, the holder of the permit shall be afforded an opportunity for a hearing within 20 days of receipt of a request for a hearing.


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(b) Whenever a permit is suspended, the holder of the permit or the person in charge shall be notified in writing that the permit is, upon service of the notice, immediately suspended and that an opportunity for a hearing will be provided if a written request for a hearing is filed with the village by the holder of the permit within ten days. If no written request for hearing is filed within ten days, the suspension is sustained. The village may end the suspension at any time if reasons for suspension no longer exist. (Ordinance 2004-07-02, sec. 1.107, adopted –/–/04) Sec. 7.03.035 Revocation (a) The village may, after providing opportunity for a hearing, revoke a permit for serious or repeated violations of any of the requirements of these rules or for interference with the authorized agent or employee conducting an inspection of the swimming pool or otherwise performing his or her duties. Prior to revocation, the village shall notify the holder of the permit or the person in charge, in writing, of the reason for which the permit is subject to revocation and that the permit shall be revoked at the end of the ten days following service of such notice unless a written request for a hearing is filed with the regulatory authority by the holder of the permit within such ten-day period. (b) If no request for hearing is filed within the ten-day period, the revocation of the permit becomes final. (Ordinance 2004-07-02, sec. 1.108, adopted –/–/04) Sec. 7.03.036 Administrative procedures (a) Notices. A notice as required in these rules is properly served when it is delivered to the holder of the permit or the person in charge, or when it is sent by registered or certified mail, return receipt requested, to the last known address of the holder of the permit. A copy of the notice shall be filed in the records of the village. (b) Hearings. The hearings provided for in these rules shall be conducted by the village at a time and place designated by it. Based upon the evidence presented at such hearing, the village shall make final findings, and shall sustain, modify or rescind any notice or order considered in the hearing. A written report of the hearing decision shall be furnished to the holder of the permit by the village. (Ordinance 2004-07-02, sec. 1.109, adopted –/–/04)


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ARTICLE 7.04 LITTER CONTROL AND LOT MAINTENANCE* Sec. 7.04.001 Purpose This article is adopted so that the village council may promote the public health, safety, and general welfare within the village through the adoption of a litter ordinance. By the adoption of a litter control ordinance, the village council seeks to prevent health risks, bodily injury, death, and property damage within the village limits. Sec. 7.04.002 Definitions When used in this article, the following definitions shall apply, unless the context clearly indicates otherwise: Industrial wastes means all liquid- and water-borne solid, liquid or gaseous wastes resulting from industrial manufacturing, food-processing operations, or processing any natural resource, or any mixture of such wastes with water or domestic sewage. Litter shall mean and be defined, consistent with chapter 365 of the Texas Health and Safety Code, as:

(1) All decayed and unwholesome food;

(2) All pools of stagnant water or vessels holding stagnant water in which insects can breed;

(3) Carcasses of animals not buried or otherwise disposed of in a sanitary manner within

twenty-four (24) hours after death;

(4) Accumulations of manure, rubbish, trash, rubble, refuse, debris, paper, combustible material, building materials, offal or waste, or matter of any kind or form which is uncared for, discarded, or abandoned, or improperly stacked building materials, all of which are potential breeding places for fires, insects or other vermin;

(5) All buildings, walls, and other structures which have been damaged by fire, decay, or

otherwise, and which endanger the health, peace and safety of the public;

(6) Any solid waste or industrial waste, including but not limited to garbage, tin cans, bottles, rubbish, refuse, trash, construction waste or demolition waste, tree and shrub trimmings, manufacturing waste or industrial waste, dumped, thrown, burned, spilled or abandoned;

(7) Trees damaged or dead to the extent that a limb, tree or part could fall or has fallen

down.

* State law references–Municipal regulation of sanitation, V.T.C.A., Health and Safety Code, sec. 342.001 et seq.; Solid Waste Disposal Act, V.T.C.A., Health and Safety Code, ch. 361; Texas Litter Abatement Act, V.T.C.A., Health and Safety Code, ch. 365.


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Person means any person, firm, corporation, association or other entity. Premises means real estate, improved or unimproved. Private property means a platted lot or part thereof, either occupied or unoccupied, of which the owner has control. Public nuisance means unlawfully doing an act or omitting to perform a duty, which act or omission does any one or more of the following:

(1) Annoys, injures or endangers the safety, health, comfort or repose of others; or

(2) Unlawfully interferes with, obstructs or tends to obstruct, or renders dangerous passage to the lake, park or streets.

Public property means all property within the village that is not private property. Sec. 7.04.003 Enforcement; penalties (a) Enforcement. The village shall have the power to administer and enforce the provisions of this article as may be required by governing law. Any person violating any provision of this article is subject to suit for injunctive relief as well as prosecution for criminal violations. Any violation of this article is hereby declared a nuisance (b) Criminal prosecution. Any person violating any provision of this article shall, upon conviction, be fined a sum not more than five hundred dollars ($500.00), except as may be otherwise expressly provided by state law. Each day that a provision of this article is violated shall constitute a separate offense. An offense under this article is a class C misdemeanor punishable by a minimum fine of $25.00 and a maximum fine of to $500.00 plus court costs and administrative fees. (c) Civil remedies. Nothing in this article shall be construed as a waiver of the village’s right to bring a civil action to enforce the provisions of this article and to seek remedies as allowed by law, including but not limited to the following:


(2) A civil penalty up to five hundred dollars ($500.00) a day when it is shown that the

defendant was actually notified of the provisions of this article and after receiving notice committed acts in violation of this article or failed to take action necessary for compliance with this article; and


Sec. 7.04.004 Litter prohibited No person shall create any litter in the village, and no person shall through inaction permit any litter to occur or continue on any property under such person’s control, nor shall any person permit litter to occur involving any personal property under such person’s control.


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Sec. 7.04.005 Litter reporting Any person or persons who observe the creation or continuation of litter as defined above which poses a potential threat to the public health or to the environment shall immediately report the incident to the mayor or his/her designee of the village and shall provide any information requested by the mayor or his/her designee needed to investigate or abate the act. Sec. 7.04.006 Litter removal (a) Private property.

(1) It shall be the duty of any owner and/or occupant of any lot or premises within the village limits to remove or cause to be removed all such litter as may be necessary to comply with this article. The owner and/or occupant shall be notified in writing to correct, remedy or remove the condition within fifteen (15) days after such notice is given (unless granted a variance, in writing, from the office of the mayor), or the village has the option of issuing a warning or a citation or starting enforcement procedures.

(2) It shall be the duty of any person or persons found to dispose, place or cause litter to

be disposed or placed on any property, private or public, within the village limits, to remove or cause to be removed all such litter as may be necessary to comply with this article within fifteen (15) [days] of notification, verbal or written (unless granted a variance, in writing, from the office of the mayor), or the village has the option of issuing a warning or a citation or starting enforcement procedures. Litter shall not be burned on any private property within the village limits, unless the office of the mayor grants a waiver in writing. Violating this provision will be considered a class C misdemeanor (maximum fine as established by the general penalty provided in section 1.01.009 of this code, plus court costs and administrative fees).

(b) Public property. It shall be the duty of any person or persons found to dispose, place or cause litter to be disposed or placed on any public property within the village limits to remove or cause to be removed all such litter as may be necessary to comply with this article within fifteen (15) [days] of notification, verbal or written, or the village has the option of issuing a warning or a citation or starting enforcement procedures. Sec. 7.04.007 Lot maintenance program and limb chipping service The main purpose of the program is to reduce the fire hazard associated with the current drought and the threat of fire from the cedar trees, on vacant lots in particular. The village’s intent is to reduce this hazard by chipping the limbs that the lot owner has cut and placed in the right-of-way, and also reported this to the code enforcement officer. The village shall have no other liability than to chip the cut limbs. The village hereby adopts the following:

(1) The village is not responsible for any cutting of limbs from trees and/or removing dead trees from private property; this is the property owner’s responsibility.

(2) All tree branches should be trimmed up to a height of 4' from the ground to mitigate

the threat of fire. If it is a cedar tree 4" in diameter or less it should be cut down if it blocks access to the interior of the lot.


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(3) Once the limbs are placed at the curb the village will have them chipped.

(4) The lots will be prioritized, with the lots posing a fire threat to existing houses being moved to the top of the list for the owner of the lot to have it cleaned up.

(5) The mayor pro tem will meet with the code enforcement [officer] to monitor progress

and cost.

(6) Lot owners that do not reside in the village will be given the option to work through the code enforcement officer, if he so desires, to obtain an estimate to have their lot brought into compliance. Once a bid has been accepted by the lot owner the lot owner can deal directly with the contractor.

(7) Lot owners are responsible to remove logs and anything too big to go through the

chipper. (Ordinance 2010-06-02 adopted 6/7/10; Ordinance 2012-08-01 adopted 8/6/12; Ordinance adopting Code)

ARTICLE 7.05 HIGH GRASS AND WEEDS* Sec. 7.05.001 Prohibited It shall be unlawful for any person owning, claiming, occupying or having supervision or control of any real property, occupied or unoccupied, within the city, to permit weeds or grass, save and except crops that are regularly cultivated, to grow to a greater height than twelve (12) inches upon any such real property within one hundred fifty (150) feet of any property line which abuts street rights-of-way, developed property or any buildings or other structures. (Ordinance adopting Code) Sec. 7.05.002 Duty to cut and remove It shall be the duty of any person owning, claiming, occupying or having supervision or control of any real property to cut and remove all such grass or weeds as often as may be necessary to comply with section 7.05.001. (Ordinance adopting Code) Sec. 7.05.003 Notice to cut and remove (a) In the event that any person owning, claiming, occupying or having supervision or control of any real property, occupied or unoccupied, within the city, fails to comply with the provisions of section 7.05.001, it shall be the duty of the building official to give seven (7) days’ notice to such person violating the terms of this article.

* State law reference–Authority of municipality to regulate weeds, grass, etc., V.T.C.A., Health and Safety Code, sec. 342.004 et seq.


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(b) The notice shall be given:

(1) Personally to the owner in writing;

(2) By letter addressed to the owner at the owner’s address as recorded in the appraisal district records of the appraisal district in which the property is located; or

(3) If personal service cannot be obtained:

(A) By publication at least once;

(B) By posting the notice on or near the front door of each building on the property

to which the violation relates; or

(C) By posting the notice on a placard attached to a stake driven into the ground on the property to which the violation relates.

(c) If the city mails a notice to a property owner in accordance with subsection (b), and the United States Postal Service returns the notice as “refused” or “unclaimed,” the validity of the notice is not affected, and the notice is considered as delivered. (d) In a notice provided under this section, the city may inform the owner by regular mail and a posting on the property, or by personally delivering the notice, that if the owner commits another violation of the same kind or nature that poses a danger to the public health and safety on or before the first anniversary of the date of the notice, the city without further notice may correct the violation at the owner’s expense and assess the expense against the property. If a violation covered by a notice under this subsection occurs within the one-year period, and the city has not been informed in writing by the owner of an ownership change, then the city without notice may take any action permitted and assess its expenses as provided by V.T.C.A., Health and Safety Code, section 342.007. (Ordinance adopting Code) Sec. 7.05.004 Cutting and removal by city; lien for city’s expenses (a) If any person fails or refuses to comply with the provisions of section 7.05.001 after notice as provided in section 7.05.003, then the city may do such work or cause the same to be done in order to bring the property into compliance and may pay the expenses for doing or having the work done on the offending property and cause the expense to be assessed in the form of a lien on the property upon which such expense is incurred. (b) A statement by the mayor or his designated representative of such expenses shall be filed with the county clerk, and upon filing the city will have a privileged lien on the property, second only to tax liens and liens for street improvements, to secure the expenditures so made. The amount of such expenditures shall bear ten percent (10%) per annum interest from the date of payment by the city until paid by the property owner. For any such expenditures and interest, as aforesaid, suit may be instituted and foreclosure had in the name of the city, and the statement so made as aforesaid, or a certified copy thereof, shall be prima facie proof of the amount expended in any such work or improvements. (Ordinance adopting Code)


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Sec. 7.05.005 Additional authority to abate dangerous weeds (a) The city may abate, without notice, weeds that:

(1) Have grown higher than 48 inches; and

(2) Are an immediate danger to the health, life, or safety of any person. (b) Not later than the 10th day after the date the city abates weeds under this section, the city shall give notice to the property owner in the manner required by section 7.05.003. (c) The notice shall contain:

(1) An identification, which is not required to be a legal description, of the property;

(2) A description of the violations of the ordinance that occurred on the property; (3) A statement that the city abated the weeds; and

(4) An explanation of the property owner’s right to request an administrative hearing

about the city’s abatement of the weeds. (d) The city shall conduct an administrative hearing on the abatement of weeds under this section if, not later than the 30th day after the date of the abatement of the weeds, the property owner files with the city a written request for a hearing. (e) An administrative hearing conducted under this section shall be conducted not later than the 20th day after the date a request for a hearing is filed. The owner may testify or present any witnesses or written information relating to the city’s abatement of the weeds. (f) The city may assess expenses and create liens under this section as it assesses expenses and creates liens under section 7.05.004. A lien created under this section is subject to the same conditions as a lien created under section 7.05.004. (g) The authority granted the city by this section is in addition to the authority granted by V.T.C.A., Health and Safety Code, section 342.006. (Ordinance adopting Code) State law reference–Additional authority to abate dangerous weeds without notice, V.T.C.A., Health and Safety Code, sec. 342.008. Sec. 7.05.006 Penalty Any person violating any of the provisions of this article shall be subject to a fine, upon conviction in the municipal court, in accordance with the general penalty provided in section 1.01.009 of this code. Each and every day that the premises shall remain in a condition in violation of the terms of this article shall constitute a separate offense. (Ordinance adopting Code)

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CHAPTER 8

OFFENSES AND ADDITIONAL PROVISIONS ARTICLE 8.01 GENERAL PROVISIONS ................................................................................. 8-7 ARTICLE 8.02 WEAPONS ......................................................................................................... 8-7 Sec. 8.02.001 Purpose .................................................................................................. 8-7 Sec. 8.02.002 Definitions ............................................................................................. 8-7 Sec. 8.02.003 Enforcement; penalties .......................................................................... 8-8 Sec. 8.02.004 Discharge of certain weapons prohibited .............................................. 8-9 Sec. 8.02.005 Exceptions ............................................................................................. 8-9 Sec. 8.02.006 Discharge of air gun .............................................................................. 8-9 ARTICLE 8.03 STORAGE OF INOPERATIVE BOATS .......................................................... 8-9 Sec. 8.03.001 Title ....................................................................................................... 8-9 Sec. 8.03.002 Purpose .................................................................................................. 8-9 Sec. 8.03.003 Definitions ........................................................................................... 8-10 Sec. 8.03.004 Enforcement; penalties ........................................................................ 8-10 Sec. 8.03.005 Prohibition ........................................................................................... 8-11 ARTICLE 8.04 ABANDONED OR JUNKED VEHICLES...................................................... 8-11 Division 1. Generally............................................................................................................... 8-11 Sec. 8.04.001 Title ..................................................................................................... 8-11 Sec. 8.04.002 Adoption of state law........................................................................... 8-11 Sec. 8.04.003 Definitions ........................................................................................... 8-12 Division 2. Junked Vehicles .................................................................................................... 8-12 Sec. 8.04.031 Prohibited; declaration of nuisance ..................................................... 8-12 Sec. 8.04.032 Complaint and investigation................................................................ 8-12 Sec. 8.04.033 Notice and hearing............................................................................... 8-13 Sec. 8.04.034 Order by village council ...................................................................... 8-14 Sec. 8.04.035 Vehicles not to be made operable........................................................ 8-14 Sec. 8.04.036 Notice to state department of transportation........................................ 8-14 Sec. 8.04.037 Exemptions.......................................................................................... 8-14 Sec. 8.04.038 Administration..................................................................................... 8-15 Sec. 8.04.039 Removal by village.............................................................................. 8-15 Sec. 8.04.040 Enforcement; penalties ........................................................................ 8-16

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Point Venture Code of Ordinances Chapter 8: Offenses and Additional Provisions

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(Reserved)

ARTICLE 8.02 WEAPONS† Sec. 8.02.001 Purpose This article is adopted so that the village council may promote the public health, safety, morals and general welfare within the village through the regulation of the discharge of air guns, guns, firearms, explosive weapons, bows and arrows, slingshots, and similar devices. By prohibiting the discharge of guns, firearms, explosive weapons, zip guns, bows and arrows, and slingshots, and by restricting the discharge of air guns, the village council seeks to prevent bodily injury, death, and property damage within the village limits. (Ordinance 2003-05-01, sec. 2, adopted 5/5/03; Ordinance adopting Code) Sec. 8.02.002 Definitions (a) General provisions. Words and phrases used in this article shall have the meanings set forth in this section. Words and phrases which are not defined in this article but are defined in other ordinances of the village shall be given the meanings set forth in those ordinances. Other words and phrases shall be given their common, ordinary meaning unless the context clearly requires otherwise. Headings and captions are for reference purposes only, and shall not be used in the interpretation of this article. (b) Specific definitions. Air gun means any device designed, made, or adapted to expel a projectile through a barrel by using the energy or force generated by the release of a spring or compressed gases. The term “air gun” includes but is not limited to B-B guns, pellet guns, air pistols and air rifles. Explosive weapon means any explosive or incendiary bomb, grenade, rocket, or mine that is designed, made, or adapted for the purpose of inflicting serious bodily injury, death, or substantial property damage, or for the principal purpose of causing such a loud report as to cause undue public alarm or terror, and includes a device designed, made, or adapted for delivery or shooting of an explosive weapon. Firearm means any device designed, made, or adapted to expel a projectile through a barrel by using the energy or force generated by an explosion or burning substance, or any device readily convertible to that use. The term “firearm” includes but is not limited to guns, handguns, machine guns, rifles, shotguns, automatic rifles, revolvers, and pistols.

* State law references–Authority of governing body to adopt ordinance, rule or police regulation for the good government, peace or order of municipality, V.T.C.A., Local Government Code, sec. 51.001; authority of city to define and declare nuisance, V.T.C.A., Local Government Code, sec. 217.002; nuisances and general sanitation, V.T.C.A., Health and Safety Code, sec. 341.011 et seq. † State law references–Authority of municipality regarding firearms and explosives, V.T.C.A., Local Government Code, sec. 229.001; limitation of authority to prohibit discharge of firearms or other weapons in extraterritorial jurisdiction, V.T.C.A., Local Government Code, sec. 229.002; disorderly conduct, V.T.C.A., Penal Code, sec. 42.01; weapons, V.T.C.A., Penal Code, ch. 46.


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Person means any human individual or corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. Public place means any place to which the public or a substantial group of the public has access, and includes, but is not limited to, parks, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops. Public right-of-way means the area on, below, or above a public roadway, highway, street, public sidewalk, alley, waterway, or utility easement in which the municipality has an interest. Village means the incorporated municipality of the Village of Point Venture, and its agents and assigns. Village limits means the municipal boundaries of the village. Zip gun means a device or combination of devices that was not originally a firearm and is adapted to expel a projectile through a smooth-bore or rifled-bore barrel by using the energy generated by an explosion or burning substance. (Ordinance 2003-05-01, sec. 3, adopted 5/5/03) Sec. 8.02.003 Enforcement; penalties (a) Civil and criminal penalties. The village shall have the power to administer and enforce the provisions of this article as may be required by governing law. Any person violating any provision of this article is subject to suit for injunctive relief as well as prosecution for criminal violations. Any violation of this article is hereby declared to be a nuisance. (b) Criminal prosecution. Any person violating any provision of this article shall, upon conviction, be fined a sum in accordance with the general penalty provided in section 1.01.009 of this code. Each day that a provision of this article is violated shall constitute a separate offense. An offense under this article is a misdemeanor. (c) Civil remedies. Nothing in this article shall be construed as a waiver of the village’s right to bring a civil action to enforce the provisions of this article and to seek remedies as allowed by law, including but not limited to the following:





(Ordinance 2003-05-01, sec. 8, adopted 5/5/03; Ordinance adopting Code)


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Sec. 8.02.004 Discharge of certain weapons prohibited It shall be unlawful for any person to discharge, fire, or shoot any firearm, explosive weapon or zip gun, or bows and arrows, or slingshots, of any description, within the village limits. (Ordinance 2003-05-01, sec. 4, adopted 5/5/03) Sec. 8.02.005 Exceptions Section 8.02.004 of this article shall not apply to:

(1) Licensed peace officers, as that term is defined by Texas Code of Criminal Procedure, article 2.12(3), provided that such discharges are made in the course and scope of the peace officers’ official duties;

(2) The use of blank cartridges for a theatrical production, military ceremony, or sporting

event that is either sponsored by an educational institution or issued a permit by the village;

(3) Self-defense or the defense of a third person, as provided by Texas Penal Code

sections 9.31, 9.32, and 9.33;

(4) Destroying predatory animals on one’s own property or with the written permission of the owner of the property; or

(5) Duly designated animal control officers destroying injured animals on public or

private property when the injuries are deemed by the officer to be fatal or near fatal. (Ordinance 2003-05-01, sec. 5, adopted 5/5/03) Sec. 8.02.006 Discharge of air gun It shall be unlawful for any person to discharge, fire, or shoot any air gun in a public place or common area belonging to or managed by the Point Venture Property Owners Association. It shall be unlawful for any person to discharge, fire, or shoot any air gun on or across any public right-of-way or across any property line. (Ordinance 2003-05-01, sec. 6, adopted 5/5/03)

ARTICLE 8.03 STORAGE OF INOPERATIVE BOATS Sec. 8.03.001 Title This article may commonly be referred to as the village’s ordinance prohibiting storage of inoperative boats. (Ordinance 2008-05-01, sec. 1, adopted 5/1/08) Sec. 8.03.002 Purpose This article is adopted so that the village council may promote the public health, safety, morals, and general welfare within the village through the regulation of the storage of boats on residential property and to encourage the use of off-site boat storage. (Ordinance 2008-05-01, sec. 2, adopted 5/1/08)


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Sec. 8.03.003 Definitions (a) General provisions. Words and phrases used in this article shall have the meanings set forth in this section. Words and phrases which are not defined in this article but are defined in other ordinances of the village shall be given the meanings set forth in those ordinances. Other words and phrases shall be given their common, ordinary meaning unless the context clearly requires otherwise. Headings and captions are for reference purposes only, and shall not be used in the interpretation of this article. (b) Specific definitions. Boat. Any motorboat, outboard motor, sailboat, or vessel subject to registration under chapter 31 of the Texas Parks and Wildlife Code, as may be amended. Inoperative. If a boat, as defined in this section, is not able to be used on the water, for whatever reason. The term also includes any boat, as defined in this section, that is not fit for use because it has not been numbered and registered pursuant to chapter 31 of the Texas Parks and Wildlife Code, as may be amended, or a boat for which the registration is not current. Person. Any human individual or corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. Residential property. In a residential district, the entire tract upon which rests a house, and any adjoining lots used primarily for residential purposes. It also includes any public or private streets, alleys, sidewalks, or other right-of-way adjacent to the tract. Village. The Village of Point Venture. The term may also refer to employees, agents or other designees of the village council. Village council or council. The governing body (i.e., board of aldermen) of the village. (Ordinance 2008-05-01, sec. 3, adopted 5/1/08) Sec. 8.03.004 Enforcement; penalties (a) Civil and criminal penalties. The village shall have the power to administer and enforce the provisions of this article as may be required by governing law. Any person violating any provision of this article is subject to suit for injunctive relief as well as prosecution for criminal violations. Any violation of this article is hereby declared to be a nuisance. (b) Criminal prosecution. Any person violating any provision of this article shall, upon conviction, be fined a sum in accordance with the general penalty provided in section 1.01.009 of this code for each offense. Once a person has received notice that they are storing a boat in violation of this article, each day that a provision of this article is violated shall constitute a separate offense. An offense under this article is a misdemeanor.


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(c) Civil remedies. Nothing in this article shall be construed as a waiver of the village’s right to bring a civil action to enforce the provisions of this article and to seek remedies as allowed by law, including but not limited to the following:



defendant was actually notified of the provisions of this article and, after receiving notice, committed acts in violation of this article or failed to take action necessary for compliance with this article; and


(Ordinance 2008-05-01, sec. 6, adopted 5/1/08; Ordinance adopting Code) Sec. 8.03.005 Prohibition (a) It shall be unlawful for any person to store an inoperative boat on residential property, or on the adjacent streets and alleyways, for extended periods of time. For the purposes of this article, an extended period of time means for more than ten (10) days within a thirty (30) day period. (b) It is not a defense to this article that, during the thirty (30) day period, the boat has been moved to a different location or that the ten (10) days were not contiguous. (c) It is a defense to this article if the boat is stored out of public view and inside a garage, storage shed, or other building that is appropriate for that purpose and in keeping with the general aesthetic of the village. (Ordinance 2008-05-01, sec. 4, adopted 5/1/08)

ARTICLE 8.04 ABANDONED OR JUNKED VEHICLES*

Division 1. Generally Sec. 8.04.001 Title This article may be cited as the abandoned or junked vehicle ordinance. (Ordinance 2011-01-01, sec. 2, adopted 1/3/11; Ordinance adopting Code) Sec. 8.04.002 Adoption of state law Chapter 683 of the Texas Transportation Code, as it now exists and as it may hereafter be amended, shall be followed by the departments and offices of the village in regard to abandoned and junked vehicles. Furthermore, the policies, definitions, prohibitions, obligations, procedures and other provisions relating to abandoned and junked vehicles contained within chapter 683 are hereby adopted. (Ordinance 2011-01-01, sec. 4, adopted 1/3/11) * State law reference–Regulation of abandoned and junked motor vehicles, V.T.C.A., Transportation Code, sec. 683.001 et seq.


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Sec. 8.04.003 Definitions (a) General provisions. Words and phrases used in this article shall have the meanings set forth in this section. Words and phrases which are not defined in this article but are defined in other ordinances of the village shall be given the meanings set forth in those ordinances. Other words and phrases shall be given their common, ordinary meaning unless the context clearly requires otherwise. Headings and captions are for reference purposes only, and shall not be used in the interpretation of this article. (b) Specific definitions. Junked vehicle means a vehicle as defined in the Texas Transportation Code, section 683.071, as amended. Officer means any person designated by the village council as authorized to investigate and enforce suspected violations of village ordinances or regulations. The term may include a volunteer, a peace officer, a village code officer, or another person so designated by the village council or mayor. Person means an individual, corporation, organization, government agency, business trust, partnership, association, or any other legal entity. Village means the Village of Point Venture. The term also includes the village’s agents and assigns. (Ordinance 2011-01-01, sec. 5, adopted 1/3/11) Secs. 8.04.004–8.04.030 Reserved

Division 2. Junked Vehicles Sec. 8.04.031 Prohibited; declaration of nuisance It shall be unlawful for any person to maintain, possess, or locate any junked vehicle within the village in violation of this article. Junked vehicles are hereby declared to be a nuisance. (Ordinance 2011-01-01, sec. 6, adopted 1/3/11) Sec. 8.04.032 Complaint and investigation (a) Any person may file a complaint alleging the existence of a junked vehicle or part thereof as a public nuisance in the village. The complaint must:

(1) Be in writing;

(2) Provide sufficient details about the alleged nuisance;

(3) Be signed by the complainant; and

(4) Be filed with the village code enforcement officer.


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(b) On his/her own knowledge or on the basis of a written complaint, the code enforcement officer shall investigate the alleged existence of a junked vehicle or part thereof on private or public property or a public right-of-way within the village. (Ordinance 2011-01-01, sec. 7, adopted 1/3/11) Sec. 8.04.033 Notice and hearing (a) If it is determined by the code enforcement officer that a nuisance, as defined herein, exists in the village, the officer shall give notice or cause notice to be given in writing. The notice shall state the nature of the public nuisance, that the nuisance must be removed and abated within ten (10) days, and further that a request for a hearing must be made within ten (10) days of receipt of the notice. The notice must be personally delivered, sent by certified mail with a five-day return requested, or delivered by the United States Postal Service with signature confirmation service to:

(1) The last known registered owner of the nuisance;

(2) Each lienholder of record of the nuisance; and

(3) The owner or occupant of:

(A) The property on which the nuisance is located; or

(B) If the nuisance is located on a public right-of-way, the property adjacent to the right-of-way.

(b) The notice must state that:

(1) The nuisance must be abated and removed not later than the 10th day after the date on which the notice was personally delivered or mailed; and

(2) Any request for a hearing must be made before that 10-day period expires.

(c) If the post office address of the last known registered owner of the nuisance is unknown, notice may be placed on the nuisance or, if the owner is located, personally delivered. (d) If the notice is returned undelivered, action to abate the nuisance shall be continued to a date not earlier than the 11th day after the date of the return. (e) If a person to whom notice is required to be given requests a hearing within the period provided in the subsections above, a public hearing must be held, prior to the removal of the vehicle, or the part thereof, before the village council. If a hearing is to be held, the hearing shall be held not earlier than the 11th day after the date of the service of notice. (f) At the hearing, the junked motor vehicle is presumed, unless demonstrated otherwise by the owner, to be inoperable.


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(g) If the information is available at the location of the nuisance, a resolution or order requiring removal of the nuisance must include the vehicle’s:

(1) Description;

(2) Vehicle identification number; and

(3) License plate number. (h) If, after written notice has been given, as described in this section, and continuing through the hearing, the owner relocates the junked vehicle, or a part thereof, to another location in the village or in Travis County, the relocation has no effect on the hearing if the vehicle, or a part thereof, constitutes a public nuisance at the new location. (Ordinance 2011-01-01, sec. 8, adopted 1/3/11) Sec. 8.04.034 Order by village council (a) After the hearing is held by village council, as herein provided, if the village council finds that such a nuisance as herein defined exists, the village council shall order the owner or occupant of the premises on which said vehicle is located to remove such junked vehicle or part thereof within ten (10) days after said order is given to such owner or occupant of the premises on which said vehicle is located. (b) It shall be unlawful and a violation of this article for any such person to whom such order is given to fail or refuse to comply therewith [and] to remove such junked vehicle within the time provided by said order. (Ordinance 2011-01-01, sec. 9, adopted 1/3/11) Sec. 8.04.035 Vehicles not to be made operable After a vehicle has been removed in accordance with or under the terms and provisions of this article, it shall not be reconstructed or made operable. (Ordinance 2011-01-01, sec. 10, adopted 1/3/11) Sec. 8.04.036 Notice to state department of transportation Notice shall be given by the village to the state department of transportation (TxDOT) within five (5) days after the date of removal, identifying the vehicle, or part thereof. (Ordinance 2011-01-01, sec. 11, adopted 1/3/11) Sec. 8.04.037 Exemptions (a) This article shall not apply to a vehicle, or part thereof:

(1) That is completely enclosed in a building in a lawful manner and is not visible from the street or other public or private property; or


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(2) That is stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer or junkyard, or that is an antique or special interest vehicle stored by a motor vehicle collector on the collector’s property, if the vehicle or part and the outdoor storage area, if any, are:

(A) Maintained in an orderly manner;

(B) Not a health hazard; and

(C) Screened from ordinary public view by appropriate means, including a fence,

rapidly growing trees, or shrubbery. (b) In this section: Antique vehicle means a passenger car or truck that is at least 25 years old. Motor vehicle collector means a person who:

(1) Owns one or more antique or special interest vehicles; and

(2) Acquires, collects, or disposes of an antique or special interest vehicle or part of an antique or special interest vehicle for personal use to restore and preserve an antique or special interest vehicle for historic interest.

Special interest vehicle means a motor vehicle of any age that has not been changed from original manufacturer’s specifications and, because of its historic interest, is being preserved by a hobbyist. (Ordinance 2011-01-01, sec. 12, adopted 1/3/11) Sec. 8.04.038 Administration The administration of this article shall be supervised by the mayor or by regularly salaried, full-time employees of the village, except that the removal of vehicles, or parts thereof, from property may be by any other duly authorized person. Investigations and enforcement actions may be initiated under this article by any officer, without regard to the officer’s payroll status, provided that officer is supervised by the mayor or a regularly salaried, full-time employee of the village. (Ordinance 2011-01-01, sec. 13, adopted 1/3/11) Sec. 8.04.039 Removal by village (a) Within ten (10) days after notice has been delivered to the owner or occupant of the premises on which a junked vehicle is located, if a hearing is not requested, or if a hearing is requested within ten (10) days after an order requiring the removal of such junked vehicle has been served upon or delivered to the owner or occupant of the premises on which said vehicle is located, the officer may, if said nuisance has not been abated, remove or cause to be removed the vehicle which was the subject of such notice to a suitable village storage area, or otherwise dispose of the junked vehicle in any lawful manner.


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(b) Out of the proceeds of the sale or other disposal of the junked vehicle the officer shall pay for the cost of removal and storage, and the balance, if any, shall be paid to the person entitled thereto (the village, the owner, or the lienholder). (Ordinance 2011-01-01, sec. 14, adopted 1/3/11) Sec. 8.04.040 Enforcement; penalties (a) Civil and criminal penalties. The village shall have the power to administer and enforce provisions of this article as may be required by governing law. Any person violating any provision of this article is subject to suit for injunctive relief as well as prosecution for criminal violations. (b) Criminal prosecution. Any person violating any provision of this article shall, upon conviction, be fined a sum not exceeding two hundred dollars ($200.00). Each day that a provision of this article is violated shall constitute a separate offense. An offense under this article is a misdemeanor. (c) Civil remedies. Nothing in this article shall be construed as a waiver of the village’s right to bring a civil action to enforce the provisions of this article and to seek remedies as allowed by law, including but not limited to the following:



defendant was actually notified of the provisions of this article and after receiving notice committed acts in violation of this article or failed to take action necessary for compliance with this article; and


(d) Escalating penalties. Fines and penalties should be imposed in an escalating manner, per violation. While the municipal court judge may of course impose any penalty within his or her jurisdictional limits, the village contemplates that a first violation under this article will result in a $50.00 penalty, $100.00 for a second violation, and $200.00 for each additional violation. (Ordinance 2011-01-01, sec. 15, adopted 1/3/11)

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CHAPTER 9

PLANNING AND DEVELOPMENT REGULATIONS ARTICLE 9.01 GENERAL PROVISIONS ................................................................................. 9-7 ARTICLE 9.02 LOT CLEARING ............................................................................................... 9-7 Sec. 9.02.001 Title ....................................................................................................... 9-7 Sec. 9.02.002 Purpose .................................................................................................. 9-7 Sec. 9.02.003 Scope ..................................................................................................... 9-7 Sec. 9.02.004 Definitions ............................................................................................. 9-7 Sec. 9.02.005 Enforcement; penalties .......................................................................... 9-8 Sec. 9.02.006 Permit .................................................................................................. 9-10 Sec. 9.02.007 Variances ............................................................................................. 9-12 Sec. 9.02.008 Protection during construction and grading......................................... 9-12

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Point Venture Code of Ordinances Chapter 9: Planning and Development Regulations

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(Reserved)

ARTICLE 9.02 LOT CLEARING Sec. 9.02.001 Title This article shall be commonly known and cited as the lot clearing ordinance. (Ordinance 2009-06-01, sec. 1, adopted 6/1/09) Sec. 9.02.002 Purpose This article is adopted so that the village council may promote the public health, safety, and general welfare within the village through the establishment of standards of practice for the preservation of trees and native landscaping in development areas in order to better control soil erosion and the transport of sediment, preserve the environmental quality of surface and ground waters, screen noise, and protect and enhance scenic vistas and wildlife habitat. By and through this article, the village council seeks to allow construction while minimizing the impact to woodland areas and encouraging reforestation within the corporate boundaries of the village. (Ordinance 2009-06-01, sec. 2, adopted 6/1/09) Sec. 9.02.003 Scope This article shall only apply to vacant lots within the village limits. (Ordinance 2009-06-01, sec. 3, adopted 6/1/09) Sec. 9.02.004 Definitions (a) General provisions. Words and phrases used in this article shall have the meanings set forth in this section. Words and phrases that are not defined in this article but are defined in other ordinances of the village shall be given the meanings set forth in those ordinances. Other words and phrases shall be given their common, ordinary meaning unless the context clearly requires otherwise. Headings and captions are for reference purposes only, and shall not be used in the interpretation of this article. (b) Specific definitions. Applicant means the person seeking approval from the village. The applicant may be the property owner, or an authorized agent/representative of the property owners. Building official means the person appointed by the village council to advise the village council and administer the village’s construction codes and building regulations, including but not limited to lot clearing, tree trimming, landscaping, and drainage regulations. The building official serves as the administrative enforcer of this article.

* State law references–Planning and zoning generally, V.T.C.A., Local Government Code, chs. 211, 212, 371.


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Clear means to make a material change in the character of the land, including but not limited to the mechanical extraction of vegetation, removal of brush, cutting of protected trees, or modification of the natural grade or slope of the land. Emergency means situations in which the grade of the land or conditions of the trees pose an imminent threat to public health, safety or welfare; are an immediate hindrance to vehicular or pedestrian traffic; block public access to roadways or driveways; or endanger public utility facilities. Flood hazard boundary map (FHBM) means an official map of a community, issued by the administrator, where the boundaries of the flood, and mudslide (i.e., mudflow) related erosion areas having special hazards have been designated. Flood insurance rate map (FIRM) means an official map of a community, on which the Federal Emergency Management Agency has delineated both the special flood hazard areas and the risk premium zones applicable to the community. Floodplain means the areas of special flood hazard identified by the Federal Emergency Management Agency in the flood insurance rate map (FIRM) or flood hazard boundary map (FHBM). Person means any human individual or corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. Protected tree means a tree that warrants special consideration due to its environmental and aesthetic significance to the Lake Travis region. Specifically, the term includes any tree with a trunk having a diameter greater than four (4) inches measured one (1) foot above the base (ground elevation) of the tree. All trees of the species Juniperus ashei, also known as the “Ashe Juniper” or “Mountain Cedar,” are not deemed to be protected trees regardless of size. Silt fence means a temporary sediment barrier made of woven, synthetic filtration fabric supported by wood or steel posts. Vacant lot means land that is undeveloped and unused. The term includes any area with significant amounts of land not covered by impervious surfaces, which is suitable for development or infill. Village means the Village of Point Venture and its agents and employees. Village limits means the incorporated municipal boundary of the village. (Ordinance 2009-06-01, sec. 4, adopted 6/1/09) Sec. 9.02.005 Enforcement; penalties (a) Civil, criminal and administrative penalties. The village shall have the power to administer and enforce the provisions of this article as may be required by governing law. Any person violating any provision of this article is subject to a suit for injunctive relief as well as prosecution for criminal violations. Any violation of this article is hereby declared to be a nuisance.


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(b) Criminal prosecution. Any person violating any provision of this article shall, upon conviction, be fined a sum not exceeding $500.00. Each day that a provision of this article is violated shall constitute a separate offense. An offense under this article is a misdemeanor. (c) Civil remedies. Nothing in this article shall be construed as a waiver of the village’s right to bring a civil action to enforce the provisions of this article and to seek remedies as allowed by law, including but not limited to the following:

(1) Injunctive relief to prevent specific conduct that violates this article or to require specific conduct that is necessary for compliance with this article, including but not limited to remediation and/or mitigation;




(d) Administrative actions.

(1) Stop work orders. If the building official determines that there has been noncompliance with any material term, condition, requirement or agreement under this article, the person [sic] the building official may order the person violating this article to cease and desist from further development or construction material to the alleged noncompliance until corrected by compliance.

(2) Withholding of other authorizations. The village may refuse to grant development,

construction, or occupancy approvals for improvements for a property that does not fully and completely comply with all terms and conditions of this article.

(3) Administrative penalty. The building official may assess, and a person alleged to

have violated this article may pay, an administrative penalty in lieu of the village initiating formal court action to recover the civil or criminal fines provided for herein.

(e) Restoration of site.

(1) Persons who clear a lot in violation of this article shall restore the site after submitting a restoration plan to the building official and receiving approval.

(2) Remedial measures may include (but are not necessarily limited to) grading,

replenishing soil, planting vegetation and replacing trees, as determined necessary by the building official.

(3) The village may assess an administrative fee upon the person performing the

restoration, in an amount set by ordinance and reasonably adequate to cover the costs of overseeing the restoration.


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(4) Any restoration activities imposed by the village pursuant to this subsection shall be in addition to the criminal and civil remedies provided for in this article.

(Ordinance 2009-06-01, sec. 7, adopted 6/1/09) Sec. 9.02.006 Permit (a) Required.

(1) It shall be unlawful for any person to clear any vacant lot without first securing a lot clearing permit issued by the building official.

(2) It shall be unlawful for any person to burn, cut, poison, or otherwise remove

protected trees on any lot without first securing a lot clearing permit issued by the building official.

(3) Regarding property located upon a floodplain, it shall be unlawful for any person to

remove trees, perform landscaping, or otherwise move or place dirt for the purpose of landscaping or grading without first securing a lot clearing permit issued by the building official. The exemptions listed in subsection (b) of this section do not apply to this subsection.

(b) Exemptions.

(1) Nothing in this article shall be construed as to prohibit owners of vacant lots from making their lot(s) more attractive for aesthetic purposes or for preparation for the showing and sale. However, vacant lots cannot be totally cleared of all vegetation.

(2) Nothing in this article shall be construed as to prohibit owners of vacant lots from

maintaining their lot(s) for fire safety purposes of the lot.

(3) For the limited purposes of the exemptions recognized by this subsection, the following activities are allowed without a permit:

(A) Pruning live and dead tree limbs;

(B) Removing dead brush;

(C) Removing excessive rocks or trash; and/or

(D) Removal of anything deemed hazardous by the building official/assistant

building official or his/her designee.

(4) The limited exceptions provided by this subsection do not constitute permission to clean a lot up by use of a dozer or other heavy equipment.

(5) A lot clearing permit is not required for routine trimming of trees or tree branches.

(6) A lot clearing permit is not required in emergency situations. Emergency actions

conducted without a permit must be reported to the village within seven (7) calendar days.


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(b) Application. Lot clearing permit applications must be submitted to the building official. Each application for a lot clearing permit shall include a landscape and grading plan that at a minimum shall include:

(1) A graphic and textual description of all vegetation and trees, regardless of size, currently located within the legal boundaries of the property, noting all drip lines.

(2) Designation of which protected trees are proposed for removal due to construction

activities.

(3) A topographical description of the lot indicating the natural drainage patterns and waterways.

(4) A graphic and textual description of the proposed final elevations and slopes of the

property and the location of all vegetation and trees to be replaced under this article and areas proposed for landscaping.

(5) The layout of proposed buffer areas (if any).

(6) Documentation demonstrating that the applicant has the financial means to execute

the construction plans.

(7) Other relevant information as may be required by other village regulations. (c) Standards for approval. Approval or denial of a lot clearing permit by the building official will be based on all of the provisions of this article and the following relevant factors:

(1) The danger to life and property due to the potential flooding or erosion damage reasonably expected to be caused by the proposed landscape and grading plan;

(2) The need for physical separation between buildings and cedar trees for fire protection

purposes;

(3) The compatibility of the proposed landscape and grading plan with existing and anticipated land development;

(4) The anticipated impact of the proposed landscape and grading plan on the

maintenance and repair of streets, drainage facilities, and public utilities such as sewer, gas, electrical water, and wastewater systems;

(5) Whether the landscape and grading plan will materially comply with the

comprehensive plan, landscaping scheme and aesthetic theme of the village;

(6) Whether the landscape and grading plan will materially interfere with natural drainage patterns or the migratory patterns of native wildlife;

(7) Whether the proposed landscape and grading plan will divert water across the

property of the village or another person in a manner or place or greater velocity than the ordinary and natural flow of such water;


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(8) Whether the landscape and grading plan would negatively impact any protected trees;

(9) The availability of reasonable alternatives to the proposed landscape and grading plan;

(10) The need to remove damaged or diseased trees; and

(11) The applicability of other village, county, state and federal regulations.

(d) Duration.

(1) The building official may only issue a lot clearing permit 30 days prior to the commencement of construction of a residential structure on the site.

(2) A lot clearing permit is valid for 30 days.

(e) Fees. The village council may by ordinance establish reasonable permit fees to cover the costs of administration of this article. (Ordinance 2009-06-01, sec. 4, adopted 6/1/09; Ordinance adopting Code) Sec. 9.02.007 Variances (a) Authorized.

(1) The building official may grant variances to the specific terms of this article by issuing a permit pursuant to this section. Variances may only be granted in instances where the building official makes written findings regarding the following:


(B) Due to special conditions, a literal enforcement of the regulation would result

in an unnecessary hardship; and

(C) The spirit of this article is observed and substantial justice is done.

(2) Financial hardship alone does not necessarily qualify as undue hardship for purposes of granting a variance.

(b) Remediation or mitigation plan. As a specific condition of receiving a variance, the applicant must submit for approval a remediation or mitigation plan for addressing any damage to the native vegetation or trees impacted by the variance. The plan is to be submitted to the building official. (Ordinance 2009-06-01, sec. 6, adopted 6/1/09) Sec. 9.02.008 Protection during construction and grading (a) Protection of vegetation. During construction and grading, reasonable steps should be taken to protect all vegetation and trees.


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(b) Silt fences. Any construction or other work done in a floodplain may only be performed after sufficient silt fences have been erected so as to prevent erosion from occurring due to such activities. The building official is empowered to rescind or otherwise cancel a permit issued under this article if silt fences are not properly placed on the work site. The building official shall use his discretion to determine what amount of silt fencing is sufficient for each permit, based upon the topographic features of the land, and the work to be performed. (Ordinance 2009-06-01, sec. 5, adopted 6/1/09; Ordinance adopting Code)

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CHAPTER 10

STREETS, PARKS AND OTHER PUBLIC WAYS AND PLACES

ARTICLE 10.01 GENERAL PROVISIONS ............................................................................. 10-7 ARTICLE 10.02 RIGHT-OF-WAY MANAGEMENT ............................................................. 10-7 Division 1. Generally............................................................................................................... 10-7 Sec. 10.02.001 Purpose ................................................................................................ 10-7 Sec. 10.02.002 Definitions ........................................................................................... 10-7 Sec. 10.02.003 Nondiscrimination and competitive neutrality .................................... 10-8 Sec. 10.02.004 Governing law ..................................................................................... 10-9 Sec. 10.02.005 Franchise required ............................................................................... 10-9 Sec. 10.02.006 Registration of right-of-way occupants ............................................... 10-9 Sec. 10.02.007 Conditions of grant ............................................................................ 10-10 Sec. 10.02.008 Administration; rights of village ....................................................... 10-12 Sec. 10.02.009 Enforcement; penalties ...................................................................... 10-12 Sec. 10.02.010 Conflicts with franchise ordinances .................................................. 10-13 Sec. 10.02.011 Applicability of other regulations...................................................... 10-13 Sec. 10.02.012 Applicability in newly annexed areas................................................ 10-13 Division 2. Construction Standards....................................................................................... 10-13 Sec. 10.02.031 Construction permit ........................................................................... 10-13 Sec. 10.02.032 General standards; working hours ..................................................... 10-14 Sec. 10.02.033 Location of facilities.......................................................................... 10-15 Sec. 10.02.034 Damage to property ........................................................................... 10-16 Sec. 10.02.035 Notice of repair and emergency work ............................................... 10-16 Sec. 10.02.036 Maintenance of facilities ................................................................... 10-16 Sec. 10.02.037 Relocation or removal of facilities .................................................... 10-16 Sec. 10.02.038 Emergency removal or relocation of facilities .................................. 10-17 Sec. 10.02.039 Restoration of public rights-of-way and village property.................. 10-17 Sec. 10.02.040 Plans of record................................................................................... 10-18 Sec. 10.02.041 Duty to provide information.............................................................. 10-18

[Next page is 10-7.]

Point Venture Code of Ordinances Chapter 10: Streets, Parks and Other Public Ways and Places

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(Reserved)

ARTICLE 10.02 RIGHT-OF-WAY MANAGEMENT†

Division 1. Generally Sec. 10.02.001 Purpose The purpose of this article is to:

(1) Assist in the management of public rights-of-way in a nondiscriminatory and competitively neutral manner.

(2) Govern the use and occupancy of the rights-of-way by certificated

telecommunications providers, cable service providers, electric distribution systems, gas distribution systems, and all other persons expressly authorized by the village or state law to construct and maintain facilities in the public rights-of-way.

(3) Assure that the village can continue to fairly and responsibly protect the public

health, safety and welfare and effectively manage its rights-of-way as a vital public resource.

(Ordinance 2001-03-02, sec. I(A), adopted 3/5/01) Sec. 10.02.002 Definitions Whenever used in this article, the following terms, as well as their singular, plural, and possessive forms, shall have the following definitions and meanings, unless the context of the sentence in which they are used indicates otherwise: Cable service means “cable service” as defined in the Cable Communications Policy Act of 1984, as amended, 47 U.S.C.A. section 522 et seq. Certificated telecommunications provider or CTP means a person who has been issued a certificate of convenience and necessity, certificate of operating authority, or service provider certificate of operating authority by the public utility commission to offer local exchange telephone service. District means any district or authority created by authority of either Texas Constitution, article III, section 2(b)(1)–(2) [52(b)(1)–(2)], or article XVI, section 59.

* State law reference–Municipal streets, alleys, etc., V.T.C.A., Transportation Code, ch. 311. † State law references–Use of municipal streets and sidewalks for public conveniences and amenities or for private uses, V.T.C.A., Transportation Code, ch. 316; management of public right-of-way used by telecommunications provider, V.T.C.A., Local Government Code, ch. 283.


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Facilities means any and all of the duct spaces, manholes, lines, wires, fibers, poles, conduits, underground and overhead passageways, and other equipment, structures, plant and appurtenances, and all associated transmission media, placed in, on, over or under the public rights-of-way, including wires, cables and pipelines. Grantee means a person that the village has expressly granted the authority to use, occupy and construct facilities within the village’s public rights-of-way pursuant to a duly enacted franchise ordinance. The term also includes certificated telecommunications providers, districts, and water supply corporations. Person means a natural person (an individual), corporation, company, association, partnership, firm, limited liability company, joint venture, joint stock company or association, cooperative, utility, public utility, retail public utility, district, water supply corporation, political subdivision and other such entity. Public rights-of-way or rights-of-way means the area on, below, above or adjacent to a public roadway, highway, street, public sidewalk, alley, waterway, or utility easement, in which the village has an interest. The term does not include the airwaves above a right-of-way with regard to wireless telecommunications. Public utility means a public utility as that term is used in the Public Utility Regulatory Act of 1995, Texas Utilities Code, section 11.004, including municipally owned and/or operated utilities. Telecommunications service means the rent, sale or lease of plant, equipment, facilities, or other property for the transmission of voice, data, image, graphics and other communications between or among points by wire, fiber optics, or other similar facilities, but does not include the provision to the public of any “wireless service,” as defined by law, and does not include long-distance transmissions (inter-LATA and intra-LATA toll transmissions). Telecommunications utility means “telecommunications utility” as used in the Public Utility Regulatory Act of 1995, Texas Utilities Code, section 51.002(11). Use and occupancy means installation, construction, reconstruction, maintenance, or repair of any facilities in, over, under, along, through or across the public rights-of-way for any purpose whatsoever. Village council means the governing body (i.e., the city council or board of aldermen) of the village. Water supply corporation means a nonprofit water supply or sewer service corporation created or operating under Texas Water Code chapter 67. (Ordinance 2001-03-02, sec. I(B), adopted 3/5/01) Sec. 10.02.003 Nondiscrimination and competitive neutrality The village hereby recognizes that it has the legal duty to ensure that it will not create physical or economic barriers to any grantee attempting to enter the market, and to ensure that all village regulations are imposed in a competitively neutral manner. (Ordinance 2001-03-02, sec. I(C), adopted 3/5/01)


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Sec. 10.02.004 Governing law This article shall be construed in accordance with the other village ordinances in effect on the date of passage of this article and as may be amended from time to time to the extent that such ordinance is not in conflict with or in violation of the constitution and laws of the United States or the State of Texas. (Ordinance 2001-03-02, sec. I(D), adopted 3/5/01) Sec. 10.02.005 Franchise required (a) Generally. No person shall use, occupy or construct facilities in, upon, over or under the village’s public rights-of-way without first having applied for and received a franchise or other authorization, unless otherwise provided by law. (b) Exception for certificated telecommunications providers. Pursuant to Texas Local Government Code chapter 283, a CTP is not required to obtain a franchise. A CTP is subject to all other provisions of this article. (Ordinance 2001-03-02, sec. II, adopted 3/5/01) Sec. 10.02.006 Registration of right-of-way occupants (a) Registration required.

(1) No person shall use, maintain, operate, occupy or construct facilities in, upon, over, or under the village’s public rights-of-way without having registered with the village in accordance with the following provisions. In order to protect the public health, safety and welfare, all persons using or occupying the rights-of-way will register with the village. Registration will be issued in the name of the person who will own the facilities. Registration must be renewed every five (5) years. If a registration is not renewed, subject to 60-day notification to the owner, the facilities of the user will be deemed to have been abandoned.

(2) Persons possessing a current franchise issued by the village do not need to register

under this section. (b) Required information.

(1) Registration shall be on a form prescribed by the village and shall include:

(A) The name of the user of the rights-of-way;

(B) The name, address and telephone number of the people who will be contact person(s) for the user;

(C) The name, address and telephone number of any and all contractors or

subcontractors who will be working in the rights-of-way on behalf of the user;

(D) The name(s) and telephone number of an emergency contact who shall be available twenty-four (24) hours a day;

(E) Proof of insurance, as specified in section 10.02.007(b).


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(2) When any information provided in the registration changes, the user shall inform the

village of the change no more than thirty (30) days after the date the change is made. (Ordinance 2001-03-02, sec. III, adopted 3/5/01) Sec. 10.02.007 Conditions of grant (a) Indemnity.

(1) The grantee shall, at its sole cost and expense, indemnify, defend and hold harmless the village, its officers, boards, commissions, agents and employees, against and from any and all claims, demands, causes of action, suits, proceedings, damages, liabilities and judgments of every kind arising out of or due to the grantee’s construction, maintenance, or operation of a system in the village, including but not limited to damages for injury or death or damages to property, real or personal, and against all liabilities to others and against all loss, cost and expense, resulting or arising out of any of the same.

(2) The indemnity provided by this subsection does not apply to any liability resulting

from the negligence of the municipality, its officers, employees, contractors, or subcontractors. If a grantee and the municipality are found jointly liable by a court of competent jurisdiction, liability shall be apportioned comparatively in accordance with the laws of this state, without, however, waiving any governmental immunity available to the municipality under state or federal law and without waiving any defenses of the parties under state or federal law. This section is solely for the benefit of the municipality and the grantee and does not create or grant any rights, contractual or otherwise, to any other person or entity.

(3) The grantee or the village shall promptly advise the other in writing of any known

claim or demand against the grantee or village related to or arising out of the grantee’s activities in public rights-of-way.

(b) Grantee insurance.

(1) Each grantee shall secure and maintain the following liability insurance policies:

(A) General liability insurance with limits not less than:

(i) One million dollars ($1,000,000.00) primary; and

(ii) One million dollars ($1,000,000.00) umbrella or other securities as acceptable to the mayor or his designee.

(B) Worker’s compensation for the grantee’s employees within statutory limits.

The liability insurance policies required by this section shall be maintained by the grantee throughout the term during which the grantee is otherwise operating within public rights-of-way, or is engaged in the removal of its facilities.


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(2) Such liability insurance shall be kept in full force and effect by the grantee during the existence of this franchise and thereafter for a period of not less than twelve (12) months.

(3) Unless otherwise precluded by law, the grantee may satisfy one or more of the

insurance requirements specified in this section through self-insurance. In no event shall a self-insurance proposal be approved absent the village’s satisfaction that the grantee is in a sound financial condition, which shall be evidenced by a letter of self-insurance to be provided to the village.

(c) Bonds.

(1) The mayor or the mayor’s designee may waive the requirement of a bond, if the grantee is able to demonstrate financial responsibility by having assets in excess of an amount determined appropriate by the village mayor. In the event the mayor determines a bond is required, due to insufficient assets or a demonstration that the grantee is not adequately or promptly fulfilling its responsibilities in the public rights-of-way, it shall meet the requirements of this section.

(2) To the extent not maintained by an affiliate, the grantee shall annually obtain,

maintain and file with the village secretary a corporate surety bond with a surety company authorized to do business in the state, and found acceptable by the village attorney, in the amount of seventy-five thousand dollars ($75,000.00), or of the estimated amount of the value of work anticipated to be done in that year, whichever is greater, to guarantee the restoration of the rights-of-way in the event the grantee leaves a job site in the rights-of-way unfinished, incomplete or unsafe or unreasonably delays the completion of the construction. The grantee shall provide this corporate surety bond within thirty (30) days of the issuance of a permit under this article but prior to commencement of construction. Should a grantee without a bond in place leave a job site in the rights-of-way unfinished, incomplete or unsafe or unreasonably delay the completion of construction, the grantee will pay the actual cost of restoring the rights-of-way, plus an administrative fee to reimburse the village’s cost of overseeing any such restoration.

(3) The rights reserved to the village with respect to the bond are in addition to all other

rights of the village, whether reserved by this article or authorized by law, and no action, proceeding or exercise of a right with respect to such bond shall affect any other right the village may have.

(4) The bond shall contain the following endorsement: “It is hereby understood and

agreed that this bond may not be canceled by the surety nor any intention not to renew be exercised by the surety until sixty (60) days after the receipt by the village, by registered mail, of written notice of such intent.”

(5) Pursuant to Texas Water Code section 49.220, this subsection does not apply to

districts and water supply corporations. (d) Assignment or transfer of business. The village requires the grantee to maintain current point of contact information and provide notice of a transfer or assignment of business ownership or control.


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(e) Notices.

(1) All notices to the village shall be in writing via certified mail, return receipt requested, to:

Village Mayor Village of Point Venture 555 Venture Blvd. S. Point Venture, Texas 78645

(2) All notices to a grantee shall be in writing via certified mail, return receipt requested,

to the contact person and address provided by the grantee to the village. Notice shall be deemed effective when mailed to the most recent address provided by the grantee to the village.

(3) Any change in the address, telephone number or fax number of the grantee or the

village shall be furnished to the other within a reasonable time. (Ordinance 2001-03-02, sec. V, adopted 3/5/01) Sec. 10.02.008 Administration; rights of village (a) The village may, at reasonable times but not more than once annually unless there is good cause, make inquiries pertaining to compliance with this article, and the grantee shall respond to such inquiries on a timely basis. (b) The village may establish, after reasonable notice, such rules and regulations as may be appropriate for the administration of this article in the construction of the grantee’s facilities on village property to the extent permitted by law. (c) The village shall have the right to lay, and permit to be laid, cable, electric, gas, water, wastewater, and other pipelines, cables, conduits or facilities and to do and permit to be done underground and overhead installation in, across, along, over or under any street, alley, highway, public right-of-way or public property occupied by the grantee and to change any curb or sidewalk or grade of any street. (Ordinance 2001-03-02, sec. VI, adopted 3/5/01) Sec. 10.02.009 Enforcement; penalties (a) Civil and criminal penalties. The village shall have the power to administer and enforce the provisions of this article as may be required by governing law. Any person violating any provision of this article is subject to suit for injunctive relief as well as prosecution for criminal violations. Any violation of this article is hereby declared to be a nuisance. (b) Criminal prosecution. Any person violating any provision of this article shall, upon conviction, be fined a sum in accordance with the general penalty provided in section 1.01.009 of this code. Each day that a provision of this article is violated shall constitute a separate offense. An offense under this article is a misdemeanor.


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(c) Civil remedies. Nothing in this article shall be construed as a waiver of the village’s right to bring a civil action to enforce the provisions of this article and to seek remedies as allowed by law, including but not limited to the following:





(Ordinance 2001-03-02, sec. VII, adopted 3/5/01; Ordinance adopting Code) Sec. 10.02.010 Conflicts with franchise ordinances Should all or part of this article be inconsistent or conflict with a specific franchise ordinance adopted by the village, the two shall be read together to the extent possible; otherwise, specific provisions contained within the franchise ordinance shall govern as to that particular grantee. (Ordinance 2001-03-02, sec. VIII(B), adopted 3/5/01) Sec. 10.02.011 Applicability of other regulations Grantees shall, at all times, be subject to the lawful exercise of the village’s police power and regulatory authority and such reasonable and authorized regulations as the village shall hereafter by resolution or ordinance provide. (Ordinance 2001-03-02, sec. VIII(C), adopted 3/5/01) Sec. 10.02.012 Applicability in newly annexed areas This article shall apply in newly annexed areas upon the date of annexation. (Ordinance 2001-03-02, sec. VIII(D), adopted 3/5/01) Secs. 10.02.013–10.02.030 Reserved

Division 2. Construction Standards Sec. 10.02.031 Construction permit (a) No person shall excavate, contract [construct], install, repair or maintain facilities in, upon, over or under the village’s public rights-of-way or affect traffic flow without first having applied for and received a non-exclusive rights-of-way construction permit from the village in accordance with the following provisions. Persons, including grantees, are required to obtain a rights-of-way construction permit prior to conducting land disturbing activities for any reason in the public rights-of-way. (b) A permit shall not be required for the installation of facilities necessary to initiate service to a customer’s property, or repair or maintenance of existing facilities unless such repair or maintenance requires the breaking of pavement, the closure of a nonresidential traffic lane, excavation or boring.


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(c) No permit shall be issued unless the grantee has a valid franchise, as provided by section 10.02.005, and the grantee is in full compliance with all terms of the franchise, including payment of any franchise fees. (d) No permit shall be issued unless the grantee has registered with the village, as provided by section 10.02.006. (e) The rights-of-way construction permits shall be available without charge and shall not be unreasonably delayed or withheld by the village. (f) On a form prescribed by the village, the grantee shall provide the following information in order to apply for a rights-of-way construction permit:

(1) The name of the grantee;

(2) The name, address and telephone number of the contact person(s) for the grantee;

(3) The name, address and telephone number of any and all contractors or subcontractors performing the work;

(4) A detailed description of the project, duration of the project, location of the desired

work, erosion control plan, and proposal for lane closures, if any; and

(5) Proof of insurance and a surety bond, as specified in section 10.02.007(b) and (c). (g) A copy of the permit and engineering plans shall be maintained at the construction site and made available for inspection by the village at all times when construction or installation work is occurring. (h) If any of the provisions of this article are not followed, a permit may be revoked by the mayor or the mayor’s designee. If a person has not followed the terms and conditions of this article and [in] work done pursuant to a prior permit, new permits may be denied or additional terms required. (i) Appeal from denial or revocation of permit or from the decision of the mayor or the mayor’s designee shall be to the village council. Appeal shall be filed with the village secretary within fifteen (15) calendar days from the date of the decision being appealed. (Ordinance 2001-03-02, sec. IV(A), adopted 3/5/01) Sec. 10.02.032 General standards; working hours (a) Underground facilities installed by the grantee in areas of new development in the village shall be under construction within sixty (60) days of a developer’s request and assurance that the site is ready for utility installation. The grantee shall maintain good faith efforts toward completion of the installation of facilities. Surface equipment may be installed at any time provided no excessive damage to infrastructure occurs.


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(b) Final or record plats of approved subdivisions may be obtained from the village. When any final or record plat has been signed by the property owner and approved by the village, a grantee may begin construction and installation of facilities in the utility easements as depicted in the final or record plat. (c) Pursuant to the laws of the state and this article, the grantee has the non-exclusive right and privilege to use and occupy the public rights-of-way in the village for the purpose of maintaining and operating its facilities subject to the terms, conditions, and stipulations set forth in this article, the constitution and laws of the United States and the state and the village’s ordinances to the extent such ordinances are not in conflict herewith. (d) The grantee’s facilities and transmission media used in or incident to the provision of services and to the maintenance of a business by the grantee in the village shall remain as now constructed, subject to such changes under the conditions prescribed in this article as may be considered necessary to protect the public health and safety, and such changes and extensions as may be considered necessary by the grantee in the pursuit of its business. The grantee shall at all times during the term of this article be subject to all lawful exercise of the police power by the village in the operation and maintenance of the public rights-of-way. The terms of this article shall apply throughout the village and shall apply to all of the grantee’s facilities. (e) The permitted working hours in the rights-of-way are 7:00 a.m. to 6:00 p.m., Monday through Friday. Work that needs to be performed after 6:00 p.m. Monday through Friday must be approved by the village in advance. Any work performed on Saturday must be approved twenty-four (24) hours in advance by the village. Directional boring is permitted only Monday through Friday, 7:00 a.m. to 6:00 p.m., unless approved in advance. No work will be done, except for emergencies, on Sundays or legal holidays, unless approved in advance. (Ordinance 2001-03-02, sec. IV(B), adopted 3/5/01) Sec. 10.02.033 Location of facilities All facilities shall be constructed, installed and located in accordance with the following terms and conditions:

(1) All telephone lines, cables, wires and pipelines in the village’s public rights-of-way are required by this article to be placed underground. Any and all of the grantee’s lines, cables, wires and pipes installed after the effective date of this article shall be buried. The grantee shall install its facilities within its existing underground duct or conduit whenever excess capacity exists within such facility. In areas of new construction and development within the village, the grantee shall install and occupy underground conduit or ducts.

(2) The grantee shall use best efforts to install its facilities within its existing

underground duct or conduit whenever excess capacity exists within such facility.

(3) Grantees are hereby charged with the knowledge that the Point Venture Property Owners Association, Inc. (“the association”) has reconstructed roads and streets within the village for the past nine (9) years. Upon the request of the association, certain grantees have installed road crossing sleeves prior to reconstruction in an effort to reduce future road crossing cuts. The village will continue the program of


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reconstruction for the remaining approximately 9,000 linear feet of roadway yet to be improved in the village. Designated grantees intending to occupy the rights-of-way along these improved roadways shall be required to place road crossing sleeves in designated locations in order to lessen the likelihood of road cuts on the newly constructed roads.

(4) In determining whether any requirement under this section is unreasonable or

unfeasible, the village mayor or the mayor’s designee shall consider, among other things, whether the requirement would subject the grantee to an unreasonably increased risk of service interruption, to an unreasonably increased liability for accidents, to an unreasonable delay in construction or in the availability of its services, or to any other unreasonable technical or economic burden.

(Ordinance 2001-03-02, sec. IV(C), adopted 3/5/01) Sec. 10.02.034 Damage to property The grantee, or any person acting on the grantee’s behalf, shall not take any action or permit any action to be done which may impair or damage any village property or other property located in, on or adjacent to the public rights-of-way. Nothing in this article relieves a grantee, the municipality, or any other person or entity from its obligations to obtain locates of underground facilities before excavation as required by the Underground Facility Damage Prevention and Safety Act, Texas Utilities Code, section 251.001 et seq. (Vernon Supp. 1999). (Ordinance 2001-03-02, sec. IV(D), adopted 3/5/01) Sec. 10.02.035 Notice of repair and emergency work The grantee, or any person acting on the grantee’s behalf, shall not commence any work in or about village property or public rights-of-way without providing seven (7) days’ advance notice to the village. If an emergency exists which makes advance notification impossible, the grantee may begin that response or repair work, or take any action required under the circumstances, provided that notice to the village is given as promptly as possible after beginning the work, and the grantee acquires any approval required by village ordinances applicable to emergency response work. (Ordinance 2001-03-02, sec. IV(E), adopted 3/5/01) Sec. 10.02.036 Maintenance of facilities The grantee shall maintain its facilities in good and safe conditions and in a manner that complies with all applicable laws. (Ordinance 2001-03-02, sec. IV(F), adopted 3/5/01) Sec. 10.02.037 Relocation or removal of facilities (a) The grantee may not locate or maintain its facilities so as to unreasonably interfere with the use of village property or public rights-of-way by the village or by other persons authorized to use or be present in or upon village property or public rights-of-way. In the event of unreasonable interference to village property or public rights-of-way, such facilities shall be moved by the grantee, temporarily or permanently, as determined by the village mayor or the mayor’s designee upon reasonable notice. If the temporary removal of the grantee’s aerial facilities is necessary to permit the moving of houses or other bulky structures, the grantee shall be required to temporarily


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remove the same upon not less than twenty (20) days’ advance notice by a party permitted to move a building, house or other bulky structure. Upon a showing that twenty (20) days does not afford a grantee adequate time to arrange removal of facilities, the parties shall agree upon a schedule which shall not unreasonably delay the moving of houses or other bulky structures. The expenses of such temporary relocation or removal of aerial facilities shall be paid in advance by the party or parties requesting and benefiting from such temporary relocation or removal. (b) Within ninety (90) days following written notice from the village, or a mutually agreed upon time frame, the grantee shall, without claim for reimbursement or damages against the village, temporarily or permanently remove, relocate, change or alter the position of any facilities on village property or within the public rights-of-way whenever village officials determine that such removal, relocation, change or alteration is reasonably required for the widening or straightening of streets. (c) In any instance in which operation of subsection (a) of this section is deemed by the grantee to impose a significant financial hardship, the grantee shall have the right to present alternative proposals to the village, and the village shall give due consideration to any such alternative proposals. (d) If, after proper notice, the grantee fails or refuses to remove or abate the facilities in question, the village retains the rights and privilege to remove or abate any such utility facilities, at the sole cost and expense of the grantee. In performing or permitting such work to be done, the village shall not be liable to any carrier or any grantee for any damages to any utility facilities unless directly and proximately caused by the willful, intentional or malicious act by the village, and shall not be liable in any event for any consequential damages relating to service interruptions. (Ordinance 2001-03-02, sec. IV(G), adopted 3/5/01) Sec. 10.02.038 Emergency removal or relocation of facilities The village retains the right and privilege to cut or move any facilities located on village property or within the public rights-of-way that the village may determine to be necessary, appropriate or useful in response to any public health or safety emergency. The village shall cooperate to the extent possible with the grantee in such instances to assure continuity of service, and to afford the grantee the opportunity to make such relocation and/or removal itself where deemed reasonable, at the village’s sole discretion. The village shall use all reasonable means to minimize the disruption of service. (Ordinance 2001-03-02, sec. IV(H), adopted 3/5/01) Sec. 10.02.039 Restoration of public rights-of-way and village property (a) When the grantee, or any person acting on its behalf, does any work in or affecting any public rights-of-way or village property, it shall, at its own expense, promptly remove any obstructions and restore such public rights-of-way or village property to as good a condition as existed before the work was undertaken, including the compaction of all trench fill material in accordance with applicable regional standards. Soil testing shall be undertaken at all street crossings and as requested by village inspectors, and as is required of all other users of the public rights-of-way.


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(b) The grantee shall replace and properly re-lay and repair the surface, base, irrigation system and landscape treatment of any public rights-of-way that may be excavated or damaged by reason of the erection, construction, maintenance, or repair of the grantee’s facilities within thirty (30) calendar days after completion of the work in accordance with existing standards of the village in effect at the time of the work. (c) If weather or other conditions do not permit the complete restoration required by this section, the grantee shall temporarily restore the affected rights-of-way or property. Such temporary restoration shall be at the grantee’s sole expense and the grantee shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration. (d) The grantee shall contain all sediment within the work area using erosion control measures and erosion-limiting construction techniques. The grantee shall submit a construction erosion control plan with all permit applications. All construction materials shall be cleared from rights-of-way by the end of every business day. A waiver may be granted for this requirement. (e) The grantee or other person acting on its behalf shall use suitable barricades, flags, flagmen, lights, flares and other measures as required for the safety of all members of the general public and to prevent injury or damage to any person, vehicle or property by reason of such work in or affecting such rights-of-way or property. (Ordinance 2001-03-02, sec. IV(I), adopted 3/5/01) Sec. 10.02.040 Plans of record (a) Within sixty (60) days of completion of each new permitted section of a grantee’s facilities, the grantee shall supply the village with a complete set of “as built” plans of record for the new permitted section in a format used in the ordinary course of business of the grantee’s business, to the extent they are prepared in the ordinary course of business, but excluding customer specific, proprietary or confidential information and as reasonably prescribed by the village, and as allowed by law. The village may, at its discretion, accept any reasonable alternative to “as built” plans of record which provides adequate information as to the location of facilities in the public rights-of-way. (b) The grantee shall maintain maps of all of the grantee’s facilities located on village property or within the public rights-of-way and shall promptly locate its facilities at the village’s request. (Ordinance 2001-03-02, sec. IV(J), adopted 3/5/01) Sec. 10.02.041 Duty to provide information Within twenty (20) days of a written request from the village mayor or the mayor’s representatives, the grantee shall furnish the village with information directly related to the grantee’s use, occupancy or construction within or upon public rights-of-way and as otherwise required by state law to be furnished to the village. (Ordinance 2001-03-02, sec. IV(K), adopted 3/5/01)

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CHAPTER 11

TRAFFIC AND VEHICLES ARTICLE 11.01 GENERAL PROVISIONS ............................................................................. 11-7 Sec. 11.01.001 Purpose ................................................................................................ 11-7 Sec. 11.01.002 Definitions ........................................................................................... 11-7 Sec. 11.01.003 Enforcement; penalties ........................................................................ 11-8 Sec. 11.01.004 Exceptions for emergency vehicles ..................................................... 11-8 ARTICLE 11.02 TRAFFIC-CONTROL DEVICES.................................................................. 11-9 Sec. 11.02.001 Conformance with manual and specifications..................................... 11-9 Sec. 11.02.002 Obedience............................................................................................ 11-9 Sec. 11.02.003 Enforcement if device not in place.................................................... 11-10 Sec. 11.02.004 Interference........................................................................................ 11-10 Sec. 11.02.005 Display of unauthorized signs, signals or markings .......................... 11-10 Sec. 11.02.006 Installation ......................................................................................... 11-11 Sec. 11.02.007 Prima facie evidence of authorized installation................................. 11-11 ARTICLE 11.03 OPERATION OF VEHICLES ..................................................................... 11-11 Sec. 11.03.001 Speed ................................................................................................. 11-11 ARTICLE 11.04 PARKING..................................................................................................... 11-12 Sec. 11.04.001 Parking on street prohibited............................................................... 11-12 Sec. 11.04.002 Parking on unimproved right-of-way prohibited............................... 11-12 ARTICLE 11.05 GOLF CARTS.............................................................................................. 11-13 Sec. 11.05.001 Purpose .............................................................................................. 11-13 Sec. 11.05.002 Definitions ......................................................................................... 11-13 Sec. 11.05.003 Enforcement; penalty......................................................................... 11-13 Sec. 11.05.004 Operation generally; operation by minor........................................... 11-14


Point Venture Code of Ordinances Chapter 11: Traffic and Vehicles

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ARTICLE 11.01 GENERAL PROVISIONS* Sec. 11.01.001 Purpose This chapter is adopted so that the village council may promote the public health, safety, morals and general welfare within the village through the regulation of vehicular traffic. By establishing speed limits within the village, providing for traffic-control devices, and regulating parking in certain areas within the village, the village council seeks to prevent bodily injury, death, and property damage within the village limits. (Ordinance 2007-06-01, sec. II, adopted 6/11/07) Sec. 11.01.002 Definitions Words and phrases used in this chapter shall have the meanings set forth in this section. Words and phrases which are not defined in this chapter but are defined in other ordinances of the village shall be given the meanings set forth in those ordinances. Other words and phrases shall be given their common, ordinary meaning unless the context clearly requires otherwise. Headings and captions are for reference purposes only, and shall not be used in the interpretation of this chapter. Emergency vehicle means police vehicles, animal control vehicles, vehicles of the fire department, ambulances, vehicles carrying a state, county or municipal officer or employee in response to an emergency call, and emergency vehicles of public service corporations on an emergency call. Person means an individual, corporation, organization, government agency, business trust, partnership, association, or any other legal entity. Street means all public streets of the village, and any portions of such streets. Traffic-control device means a sign, signal, marking, or device that is installed, placed, erected or used by the village and is used to regulate, warn, guide, direct or control traffic within the village. Vehicle means a device that can be used to transport or draw persons or property on a street, including but not limited to a moped, power-driven bicycle, motorcycle, motor scooter, automobile, truck, golf cart, tractor, and all-terrain vehicle. The term does not include:

(1) A device exclusively used on stationary rails or tracks; or

(2) Manufactured housing as that term is defined by the Texas Manufactured Housing Standards Act.

Village limits means the municipal boundaries (i.e., city limits) of the village. (Ordinance 2007-06-01, sec. III, adopted 6/11/07)

* State law references–Rules of the road, V.T.C.A., Transportation Code, title 7, subtitle C, ch. 541 et seq.; powers of local authorities regarding traffic and vehicles, V.T.C.A., Transportation Code, sec. 542.202; limitation on local authorities regarding traffic and vehicles, V.T.C.A., Transportation Code, sec. 542.203.


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Sec. 11.01.003 Enforcement; penalties (a) Civil and criminal penalties. The village shall have the power to administer and enforce the provisions of this chapter as may be required by governing law. Any person violating any provision of this chapter is subject to suit for injunctive relief as well as prosecution for criminal violations. Any violation of this chapter is hereby declared to be a nuisance. (b) Criminal prosecution. Any person violating any provision of this chapter shall, upon conviction, be fined a sum in accordance with the general penalty provided in section 1.01.009 of this code; provided, however that no penalty shall be greater or less than the penalty provided for the same or a similar offense under the laws of the state. Each day that a provision of this chapter is violated shall constitute a separate offense. (c) Civil remedies. Nothing in this chapter shall be construed as a waiver of the village’s right to bring a civil action to enforce the provisions of this chapter and to seek remedies as allowed by law, including but not limited to the following:

(1) Injunctive relief to prevent specific conduct that violates this chapter or to require specific conduct that is necessary for compliance with this chapter;


notified of the provisions of this chapter and after receiving notice committed acts in violation of this chapter or failed to take action necessary for compliance with this chapter; and


(Ordinance 2007-06-01, sec. X, adopted 6/11/07; Ordinance adopting Code) State law reference–General penalty for violation of rules of the road, V.T.C.A., Transportation Code, sec. 542.401. Sec. 11.01.004 Exceptions for emergency vehicles (a) Exceptions. The driver of an emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected violator of the law, or when responding to a fire alarm, may exercise the privileges set forth in this section, subject to the conditions stated below:

(1) Park or stand, irrespective of the provisions of this chapter or any village ordinance;

(2) Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation;

(3) Exceed the prima facie speed limit as long as life and property are not endangered;

and

(4) Disregard regulations governing direction of movement or turning in specified directions.


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(b) Applicability; lights; duty of care.

(1) The exceptions herein granted shall apply only when emergency vehicles are responding to Code 1, Code 2 or Code 3 emergencies. An emergency vehicle shall be equipped with at least two lighted lamps displaying a red light visible under normal atmospheric conditions from a distance of 500 feet forward. Emergency vehicles operated as a police vehicle or animal control vehicles need not be equipped with or display a red light visible in front of the vehicle.

(2) Nothing in this chapter shall relieve the driver of an emergency vehicle from the duty

to drive with due regard for the safety of all persons or protect the driver from the consequences of his reckless disregard for the safety of others.

(Ordinance 2007-06-01, sec. VIII, adopted 6/11/07) State law references–Operation of authorized emergency vehicles, V.T.C.A., Transportation Code, ch. 546; permissible conduct, V.T.C.A., Transportation Code, sec. 546.001.

ARTICLE 11.02 TRAFFIC-CONTROL DEVICES* Sec. 11.02.001 Conformance with manual and specifications All traffic-control devices including signs, signals and markings (pavement and/or curb) installed or used for the purpose of directing and controlling traffic within the village shall conform with the manual and specifications adopted by the state transportation commission as provided in V.T.C.A., Transportation Code, section 544.001. All signs, signals and markings erected or used by the village must conform to the manual and specifications adopted under V.T.C.A., Transportation Code, section 544.001. All existing traffic-control devices and those erected in the future by the village being consistent with the manual and specifications, state law and this section shall be official traffic-control devices. (Ordinance 2007-06-01, sec. V(A), adopted 6/11/07; Ordinance adopting Code) State law reference–Adoption of sign manual and specifications, V.T.C.A., Transportation Code, sec. 544.001. Sec. 11.02.002 Obedience The operator of a vehicle shall comply with an applicable traffic-control device placed as provided by this chapter unless the person is:

(1) Otherwise directed by a traffic or police officer; or

* State law references–Authority to place and maintain traffic-control devices, V.T.C.A., Transportation Code, sec. 542.202(1); traffic signs, signals and markings, V.T.C.A., Transportation Code, ch. 544.


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(2) Operating an authorized emergency vehicle and is subject to exceptions under this chapter.

(Ordinance 2007-06-01, sec. V(B), adopted 6/11/07) State law reference–Compliance with traffic-control device, V.T.C.A., Transportation Code, sec. 544.004. Sec. 11.02.003 Enforcement if device not in place A provision of this chapter requiring a traffic-control device may not be enforced against an alleged violator if at the time and place of the alleged violation the device is not in proper position and sufficiently legible to an ordinarily observant person. A provision of this chapter that does not require a traffic-control device is effective regardless of whether a device is in place. (Ordinance 2007-06-01, sec. V(C), adopted 6/11/07) State law reference–No enforcement against alleged violator if traffic-control device not in proper position or sufficiently legible, V.T.C.A., Transportation Code, sec. 544.004(b). Sec. 11.02.004 Interference It shall be unlawful for any person, without village authority, to alter, injure, knock down, or remove, or attempt to alter, injure, knock down, or remove:

(1) A traffic-control device;

(2) An inscription, shield, or insignia on a traffic-control device; or

(3) Any other part of a traffic-control device. (Ordinance 2007-06-01, sec. V(D), adopted 6/11/07) State law reference–Interference with traffic-control devices or railroad signs or signals, V.T.C.A., Transportation Code, sec. 544.005. Sec. 11.02.005 Display of unauthorized signs, signals or markings (a) It shall be unlawful for any person to place, maintain, or display on or in view of a street an unauthorized sign, signal, marking, or device that:

(1) Imitates or resembles a traffic-control device;

(2) Attempts to direct the movement of traffic; or

(3) Hides from view or hinders the effectiveness of a traffic-control device. (b) It shall be unlawful for any person to place or maintain on a street, and a public authority may not permit on a street, a traffic-control device bearing commercial advertising.


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(c) It shall be unlawful for any person to place or maintain a flashing light or flashing electric sign within 1,000 feet of an intersection except under a permit issued by the state transportation commission or its successor agency. (d) This chapter does not prohibit a person from placing on private property adjacent to a street a sign that gives useful directional information and that cannot be mistaken for an official village sign. Such signs must be in accordance with applicable village regulations or ordinances. (e) A sign, signal, marking, or device prohibited under this chapter is a public nuisance, and the mayor, or the mayor’s designee, is hereby empowered to remove the same or cause it to be removed without notice. (Ordinance 2007-06-01, sec. V(E), adopted 6/11/07) State law reference–Display of unauthorized signs, signals or markings, V.T.C.A., Transportation Code, sec. 544.006. Sec. 11.02.006 Installation (a) The mayor, or the mayor’s designee, shall determine the installation or erection of all traffic-control devices. Such devices shall be installed immediately, or as soon as they can be procured. The village shall not place or maintain a traffic-control device on a highway under the jurisdiction of the state department of transportation without that department’s permission. (b) The mayor shall, by written authorization, approve the installation of all traffic-control devices. Such authorization shall be filed with the village secretary, stating the type of device and its location. (Ordinance 2007-06-01, sec. V(F), adopted 6/11/07) Sec. 11.02.007 Prima facie evidence of authorized installation Any traffic-control device actually in place shall constitute prima facie evidence that the same was installed by the village pursuant to the authority of this chapter. (Ordinance 2007-06-01, sec. V(G), adopted 6/11/07)

ARTICLE 11.03 OPERATION OF VEHICLES* Sec. 11.03.001 Speed (a) Reasonable, prudent rule. It shall be unlawful for any person to operate or drive a vehicle on a street within the village at a speed greater than is reasonable and prudent under the circumstances then existing. The limits specified in this section, and referred to by the term “prima facie maximum speed limit,” shall be lawful, but any speed in excess of the limits specified in this section shall be prima facie evidence that the speed is not reasonable or prudent and that it is unlawful.

* State law reference–Operation and movement of vehicles, V.T.C.A., Transportation Code, ch. 546.


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(b) General limit. It is hereby determined, pursuant to section 545.352(b)(1) of the Texas Transportation Code, that the prima facie maximum speed limit on all streets within the village is thirty (30) miles per hour, except as otherwise provided by ordinance, state law or regulation and indicated by signs erected designating another speed. This speed limit is hereby determined and declared to be reasonable and safe. (c) Signs required. The prima facie maximum speed limits herein designated are not effective until speed limit signs are erected. Once erected, the prima facie maximum speed limits established in this chapter for all streets within the village shall be effective at all times. (d) Placement of signs.

(1) The mayor, or the mayor’s designee, shall erect or install and maintain any and all speed limit signs giving notice of the prima facie maximum speed limit as established in this chapter. Such signs shall be installed immediately, or as soon as they can be procured.

(2) The mayor shall, by written authorization, approve the installation of all speed limit

signs. Such authorization shall be filed with the village secretary, stating the location of each such sign.

(Ordinance 2007-06-01, sec. IV, adopted 6/11/07) State law references–Authority to establish or alter prima facie speed limits, V.T.C.A., Transportation Code, sec. 542.202(12); speed restrictions, V.T.C.A., Transportation Code, sec. 545.351 et seq.

ARTICLE 11.04 PARKING* Sec. 11.04.001 Parking on street prohibited Parking vehicles, recreational vehicles, boats, and/or trailers is prohibited on all streets in the village. This restriction is due to the narrow width of the streets, which do not permit safe passage of traffic flow under existing conditions, and due to the need for emergency vehicles to have unimpeded access to properties in the village. (Ordinance 2007-06-01, sec. VI, adopted 6/11/07) Sec. 11.04.002 Parking on unimproved right-of-way prohibited Parking vehicles, recreational vehicles, boats, and/or trailers is prohibited on all unimproved portions of the street rights-of-way in the village. This restriction is due to the village’s need to be able to access the unimproved right-of-way area, to ensure the safety of drivers navigating village streets, and to ensure the safety of pedestrians approaching the street curb area. Vehicles parked in violation of this section for more than seven calendar days are subject to the enforcement section of this chapter. (Ordinance 2007-06-01, sec. VII, adopted 6/11/07)

* State law references–Authority to regulate parking, V.T.C.A., Transportation Code, sec. 542.202(2); stopping, standing and parking, V.T.C.A., Transportation Code, sec. 545.301 et seq.; privileged parking for persons with disabilities, V.T.C.A., Transportation Code, ch. 681.


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ARTICLE 11.05 GOLF CARTS* Sec. 11.05.001 Purpose This article is adopted so that the village council may promote public health, public interest, safety, and general welfare within the village limits through the regulation of vehicular traffic. By providing for the regulation of golf cart usage by minors under the age of 16 and without supervision by a licensed driver, the village council seeks to prevent bodily injury, death, and property damage within the village limits. (Ordinance 2009-09-01, sec. II, adopted 9/14/09) Sec. 11.05.002 Definitions Words and phrases used in this article shall have the meanings set forth in this section. Words and phrases which are not defined in this article but are defined in other ordinances of the village shall be given the meanings set forth in those ordinances. Other words and phrases shall be given their common, ordinary meaning unless the context clearly requires otherwise. Headings and captions are for reference purposes only, and shall not be used in the interpretation of this article. Golf cart means a motor vehicle designed by the manufacturer primarily for transporting persons on a golf course as defined by section 502.001 of the Texas Transportation Code. This term does not include “all-terrain vehicles,” “three-wheelers” or other motorized vehicles that, while similar in size to golf carts, were not designed for transporting persons on a golf course. License means an authorization issued by a state agency for the operation of a motor vehicle. The term includes an occupational license, a temporary license, an instruction permit, and a commercial driver’s license. Licensed driver means a person who holds a valid driving license issued by the State of Texas or other state of the United States. Street means all public streets or roads of the village, and any portions of such streets or roads. Village limits means the municipal boundaries (i.e., city limits) of the village. Youth or minor means any person under the age of 16 who is not licensed to operate a motor vehicle on a public street. (Ordinance 2009-09-01, sec. III, adopted 9/14/09) Sec. 11.05.003 Enforcement; penalty (a) Any person violating any provision of this article, upon conviction, shall be fined and ordered to pay court cost. A violation of this article shall constitute a class C misdemeanor, subject to fines in accordance with the general penalty provided in section 1.01.009 of this code, per violation.

* State law reference–Golf carts and utility vehicles, V.T.C.A., Transportation Code, sec. 551.401 et seq.


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(b) The village shall have the power to administer and enforce the provisions of this article as may be required by governing law. Any person violating any provision of this article is subject to suit for injunctive relief as well as prosecution for criminal violations, and any other available relief. (Ordinance 2009-09-01, sec. V, adopted 9/14/09; Ordinance 2018-04-01, sec. III, adopted 4/11/18; Ordinance adopting Code) Sec. 11.05.004 Operation generally; operation by minor (a) Golf carts may be operated on all or part of the public roadways within the corporate boundaries of the village and which have a posted speed limit of not more than 35 miles per hour. (b) Golf carts driven on public roadways shall be operated safely by all individuals at all times and conform to all state and local laws regulating vehicular traffic. (c) No person may operate a golf cart on a public roadway without holding:

(1) A valid Texas driver’s license; or

(2) A valid learner’s permit, as issued by the Texas Department of Public Safety, while a licensed operator, over the age of 18, accompanies the driver in the golf cart.

(d) The restrictions in this section shall not apply to private property, including, but not limited to, golf course lanes, trails, and driveways. (Ordinance 2009-09-01, sec. IV, adopted 9/14/09; Ordinance 2018-04-01, sec. II, adopted 4/11/18)

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CHAPTER 12

UTILITIES ARTICLE 12.01 GENERAL PROVISIONS ............................................................................. 12-7 ARTICLE 12.02 SOLID WASTE.............................................................................................. 12-7 Sec. 12.02.001 Definitions ........................................................................................... 12-7 Sec. 12.02.002 Penalty ................................................................................................. 12-7 Sec. 12.02.003 Residential service mandatory............................................................. 12-7 Sec. 12.02.004 Commercial service mandatory........................................................... 12-7 Sec. 12.02.005 Exclusive franchise for collection service ........................................... 12-8 Sec. 12.02.006 Failure to receive collection service declared nuisance....................... 12-8 Sec. 12.02.007 Theft of service.................................................................................... 12-8


Point Venture Code of Ordinances Chapter 12: Utilities

12-7


(Reserved)

ARTICLE 12.02 SOLID WASTE† Sec. 12.02.001 Definitions Cart. A waste receptacle provided to a solid waste collection and disposal customer by the contractor. Container. A receptacle for recyclable materials provided to a solid waste collection and disposal customer by the contractor. Garbage. Trash, including every accumulation of waste (animal, vegetable and/or other matter) that results from the customary function of a residence or business establishment, storage, transportation, decay or decomposition of meats, fish, fowl, birds, fruits, grains or other animal or vegetable matter (including, but not by way of limitation, used tin cans and other food containers, and all putrescible or easily decomposable waste animal or vegetable matter which is likely to attract flies or rodents). The term includes bulky waste, construction debris, dead animals, hazardous waste, refuse, rubbish or stable matter. (Ordinance 2007-01-08, sec. 2, adopted 1/8/07) Sec. 12.02.002 Penalty Violation of this article is a class C misdemeanor, and may be punished by a fine in accordance with the general penalty provided in section 1.01.009 of this code for each day of violation, each such incident constituting a separate offense. (Ordinance 2007-01-08, sec. 6, adopted 1/8/07; Ordinance adopting Code) Sec. 12.02.003 Residential service mandatory All residences within the village shall be served by commercial solid waste collection and disposal services. (Ordinance 2007-01-08, sec. 1, adopted 1/8/07; Ordinance adopting Code) Sec. 12.02.004 Commercial service mandatory All business establishments within the village shall be served by commercial solid waste collection and disposal services. (Ordinance 2007-01-08, sec. 2, adopted 1/8/07)

* State law references–Municipal utilities generally, V.T.C.A., Local Government Code, ch. 552; miscellaneous powers and duties of utilities, V.T.C.A., Utilities Code, ch. 181. † State law references–Municipal solid waste, V.T.C.A., Health and Safety Code, ch. 363; Solid Waste Disposal Act, V.T.C.A., Health and Safety Code, ch. 361.


12-8

Sec. 12.02.005 Exclusive franchise for collection service No person may contract for solid waste collection and disposal services with any provider other than the provider granted a franchise by the village. (Ordinance 2007-01-08, sec. 3, adopted 1/8/07) Sec. 12.02.006 Failure to receive collection service declared nuisance It is hereby declared a public nuisance for any residence or business establishment within the village to be occupied without having contracted for and receiving solid waste collection and disposal services. (Ordinance 2007-01-08, sec. 4, adopted 1/8/07) Sec. 12.02.007 Theft of service No person shall use another person’s cart or container. It shall be an offense for a person to place garbage, or any material, in a cart or container not belonging to that person. Each violation of this regulation shall constitute a separate offense. This prohibition shall not apply to authorized agents, employees, guests or relatives of customers who have contracted for service for the cart or container. (Ordinance 2007-01-08, sec. 5, adopted 1/8/07)

Appendix A-1

APPENDIX A

FEE SCHEDULE ARTICLE A1.000 GENERAL PROVISIONS ........................................................................... A-7 ARTICLE A2.000 ANIMALS .................................................................................................... A-7 Sec. A2.001 Registration fee..................................................................................... A-7 Sec. A2.002 Dog impound fees................................................................................. A-7 Sec. A2.003 Dangerous dogs .................................................................................... A-7

[Next page is Appendix A-7.]

Point Venture Code of Ordinances Appendix A: Fee Schedule

Appendix A-7

ARTICLE A1.000 GENERAL PROVISIONS

(Reserved)

ARTICLE A2.000 ANIMALS Sec. A2.001 Registration fee Registration fees:

(1) Annual registration fee: $5.00.

(2) Registration fee (two-year): $9.00.

(3) Registration fee (three-year): $12.00. (Ordinance 2010-07-01, app. A, adopted 7/7/10; Ordinance 2011-01-02, app. A, adopted 1/3/11; Ordinance 2015-01-01, app. A, adopted 1/14/15) Sec. A2.002 Dog impound fees Dog impound fees:

(1) 1st offense: $25.00/day.

(2) 2nd offense: $50.00/day.

(3) 3rd offense and thereafter: $75.00/day. (4) Weekend: $125.00.

(Ordinance 2010-07-01, app. A, adopted 7/7/10; Ordinance 2011-01-02, app. A, adopted 1/3/11; Ordinance 2015-01-01, app. A, adopted 1/14/15; Ordinance adopting Code) Sec. A2.003 Dangerous dogs Dangerous dog registration: $50.00/year. (Ordinance 2010-07-01, app. A, adopted 7/7/10; Ordinance 2011-01-02, app. A, adopted 1/3/11; Ordinance 2015-01-01, app. A, adopted 1/14/15)

Appendix B-1

APPENDIX B

ORDINANCE DISPOSITION TABLE This table shows the location or gives the disposition of the ordinances within the Point Venture Code of Ordinances. The abbreviation “NIC” means the ordinance is not included in this code, though not necessarily repealed. In the “Supp. No.” column, the letters “CA” indicate the ordinance was published in the original code as adopted. When an ordinance has been added as part of a code supplement, the supplement number will be added accordingly.

Ord. No. Date Description Disposition Supp. No.

2000-12-01 12/4/00 Designates location of village office and approves lease

Sec. 2.01.001 CA

2000-12-02 12/18/00 Requires permit for new buildings within village limits

Rpld. by Ord. 2017-12-02 CA

2001-01-01 1/2/01 Prescribes fiscal year Sec. 2.05.001 CA 2001-01-02 1/2/01 Designates certain officers and duties Sec. 1 City secretary Sec. 2.03.001 CA Sec. 2 Treasurer Sec. 2.03.002 CA Sec. 3 Treasurer appointed NIC CA Sec. 4 Village attorney Sec. 2.03.003 CA 2001-02-01 2/5/01 Adopts annual budget, FY 00-01 NIC CA 2001-03-01 3/5/01 Calls sales and use tax election NIC CA 2001-03-02 3/5/01 Uniform right-of-way management Sec. I General A. Purpose Sec. 10.02.001 CA B. Definitions Sec. 10.02.002 CA C. Nondiscrimination and competitive

neutrality Sec. 10.02.003 CA

D. Governing law Sec. 10.02.004 CA Sec. II Franchise required Sec. 10.02.005 CA Sec. III Registration of rights-of-way

occupants Sec. 10.02.006 CA

Sec. IV Construction standards A. Rights-of-way construction permits Sec. 10.02.031 CA B. Construction and maintenance of

facilities Sec. 10.02.032 CA

C. Location of facilities Sec. 10.02.033 CA D. Damage to property Sec. 10.02.034 CA E. Notice of repair and emergency work Sec. 10.02.035 CA F. Maintenance of facilities Sec. 10.02.036 CA G. Relocation or removal of facilities Sec. 10.02.037 CA H. Emergency removal or relocation of

facilities Sec. 10.02.038 CA

I. Restoration of public rights-of-way and village property

Sec. 10.02.039 CA

Point Venture Code of Ordinances Appendix B: Ordinance Disposition Table

Appendix B-2

Ord. No. Date Description Disposition Supp.

No. 2001-03-02,

cont’d. J. Plans of record Sec. 10.02.040 CA

K. Duty to provide information Sec. 10.02.041 CA Sec. V Conditions of grant Sec. 10.02.007 CA Sec. VI Administration of ordinance Sec. 10.02.008 CA Sec. VII Enforcement Sec. 10.02.009 CA Sec. VIII Repealer A. General NIC CA B. Franchises Sec. 10.02.010 CA C. Amendments Sec. 10.02.011 CA D. Newly annexed areas Sec. 10.02.012 CA 2001-03-03 3/5/01 Grants electric distribution franchise to

Pedernales Electric Coop., Inc. NIC CA

2001-04-01 4/2/01 Provides for staggered terms of office for mayor and council members

Sec. 2.02.001 CA

2001-05-01 5/7/01 Grants cable franchise to Time Warner Entertainment Advance/Newhouse Partnership

NIC CA

2001-05-02 5/9/02 Sales and use tax election results Sec. 1.04.031 CA 2001-06-01 6/4/01 Prohibits sale, manufacture, possession,

use or combustion of fireworks

Sec. I Findings of fact NIC CA Sec. II Purpose Sec. 6.02.001 CA Sec. III Definitions Sec. 6.02.002 CA Sec. IV Sale, manufacture, possession,

use or combustion of fireworks Sec. 6.02.004 CA

Sec. V Exceptions Sec. 6.02.005 CA Sec. VI Effective date NIC CA Sec. VII Enforcement Sec. 6.02.003 CA 2001-07-02 7/2/01 Emergency management Sec. 1 Organization Sec. 1.02.001 CA Sec. 2 Emergency management director–

Powers and duties Sec. 1.02.002 CA

Sec. 3 Emergency management plan Sec. 1.02.003 CA Sec. 4 Interjurisdictional program Sec. 1.02.004 CA Sec. 5 Override Sec. 1.02.005 CA Sec. 6 Liability Sec. 1.02.006 CA Sec. 7 Commitment of funds Sec. 1.02.007 CA Sec. 8 Offenses; penalties Sec. 1.02.008 CA Sec. 9 Severability NIC CA Sec. 10 Limitations Sec. 1.02.009 CA Sec. 11 Repealer NIC CA 2001-08-01 Animal control (did not receive) Rpld. by Ords. 2010-07-01,

2011-01-02 CA


Appendix B-3


No. 2001-09-01 9/4/01 Adopts annual budget, FY 01-02 NIC CA 2001-09-02 9/4/01 Tax levy, FY 01-02 NIC CA 2001-09-03 9/4/01 Dispenses with office of marshal, confers

duties on county sheriff Sec. 2.04.001 CA

2001-10-01 Animal control (did not receive) Rpld. by Ord. 2011-01-02 CA 2001-10-02 10/1/01 Cancels general election, unopposed

candidates NIC CA

2001-12-01 12/3/01 Vests county deputy sheriff with same powers, rights and privileges as though deputies were peace officers of village

Sec. 2.04.002 CA

2002-01-01 1/7/02 Municipal court Sec. 1 Findings of fact NIC CA Sec. 2 Purpose Sec. 1.03.001 CA Sec. 3 Establishment of municipal court A. Scope Sec. 1.03.003 CA B. Creation of the municipal court Sec. 1.03.004 CA C. Jurisdictional limits of court Sec. 1.03.005 CA D. Judges of court Sec. 1.03.006 CA E. Writ power Sec. 1.03.007 CA F. Court rules Sec. 1.03.008 CA G. Clerk of court Sec. 1.03.009 CA H. Preserving court record Sec. 1.03.010 CA I. Court facilities and seal Sec. 1.03.011 CA J. Complaints and pleadings Sec. 1.03.012 CA K. Prosecution Sec. 1.03.013 CA L. Jury Sec. 1.03.014 CA M. Appeal from judgment of conviction

in municipal court Sec. 1.03.015 CA

N. Fees and fines Sec. 1.03.041 CA Sec. 4 Jurisdiction Sec. 1.03.002 CA Sec. 5 Effective date NIC CA Sec. 6 Severability NIC CA Sec. 7 Proper notice and meetings NIC CA 2002-05-01 Litter control (did not receive) Rpld. by Ord. 2012-08-01 CA 2002-06-01 6/3/02 Abandons specific portion of right-of-

way NIC CA

2002-06-02 6/3/02 Abandons specific portion of public right-of-way

NIC CA

2002-07-01 Lot clearing (did not receive) Rpld. by Ord. 2002-09-01 CA 2002-09-01 9/3/02 Repeals Ord. 2002-07-01; lot clearing NIC CA 2002-09-03 9/3/02 Adopts budget, FY 02-03 NIC CA 2002-09-04 9/3/02 Tax levy, FY 02-03 NIC CA 2002-11-02 11/4/02 Traffic regulations (did not receive) Amnd. by Ord. 2007-06-01 CA 2002-11-03 11/9/02 General election results NIC CA 2003-05-01 5/5/03 Weapons Sec. 1 Findings of fact NIC CA Sec. 2 Purpose Sec. 8.02.001 CA Sec. 3 Definitions Sec. 8.02.002 CA


Appendix B-4


No. 2003-05-01,

cont’d. Sec. 4 Discharge of certain weapons Sec. 8.02.004 CA

Sec. 5 Exceptions Sec. 8.02.005 CA Sec. 6 Discharge of air guns Sec. 8.02.006 CA Sec. 7 Effective date NIC CA Sec. 8 Enforcement Sec. 8.02.003 CA 2003-07-01 7/1/03 Building height and antenna facilities Sec. 1 Findings of fact NIC CA Sec. 2 Popular name Sec. 4.07.001 CA Sec. 3 Purpose Sec. 4.07.002 CA Sec. 4 Applicability Sec. 4.07.003 CA Sec. 5 Definitions Sec. 4.07.004 CA Sec. 6 Maximum height allowed for

building and other structures Rpld. by Ord. 2017-12-02 CA

Sec. 7 Conditional use permits for antenna facilities

Sec. 4.07.007 CA

Sec. 8 Construction requirements for antenna facilities

Sec. 4.07.008 CA

Sec. 9 Co-location requirements for antenna facilities

Sec. 4.07.009 CA

Sec. 10 Receive-only antenna facilities Sec. 4.07.010 CA Sec. 11 Variances Sec. 4.07.011 CA Sec. 12 Additional requirements Sec. 4.07.005 CA Sec. 13 Effective date NIC CA Sec. 14 Enforcement Sec. 4.07.006 CA 2003-09-02 9/2/03 Orders general election NIC CA 2003-09-03 9/2/03 Adopts annual budget, FY 03-04 NIC CA 2003-09-04 9/2/03 Tax levy, FY 03-04 NIC CA 2003-10-01 10/6/03 Cancels general election, unopposed

candidates NIC CA

2003-10-02 10/6/03 Building code ordinance; adopts International Codes


2003-12-01 12/1/03 Flood damage prevention Art. 4.05 CA 2004-07-01 –/–/04 Adopts state food establishment

regulations (confirmed adopted by city)

Sec. 1.101 Adoption of Texas Food Establishment Regulations

Sec. 7.02.001 CA

Sec. 1.102 Definitions Sec. 7.02.002 CA Sec. 1.103 Permits and exemptions Sec. 7.02.031 CA Sec. 1.104 Application for permit, fees

and inspections Sec. 7.02.032 CA

Sec. 1.105 Certified food manager Sec. 7.02.004 CA Sec. 1.106 Review of plans Sec. 7.02.033 CA Sec. 1.107 Suspension of permit Sec. 7.02.034 CA Sec. 1.108 Revocation of permit Sec. 7.02.035 CA Sec. 1.109 Administrative process Sec. 7.02.036 CA Sec. 1.110 Penalties; enforcement of

penalties Sec. 7.02.003 CA


Appendix B-5


No. 2004-07-02 –/–/04 Public swimming pool regulations

(confirmed adopted by city)

Sec. 1.101 Adoption of swimming pool and bathhouses regulations and standards

Sec. 7.03.001 CA

Sec. 1.102 Definitions Sec. 7.03.002 CA Sec. 1.103 Permits and exemptions Sec. 7.03.031 CA Sec. 1.104 Application for permit, fees

and inspections Sec. 7.03.032 CA

Sec. 1.105 Review of plans Sec. 7.03.033 CA Sec. 1.106 Skipped Sec. 1.107 Suspension of permit Sec. 7.03.034 CA Sec. 1.108 Revocation of permit Sec. 7.03.035 CA Sec. 1.109 Administrative process Sec. 7.03.036 CA Sec. 1.110 Penalties; enforcement of


2004-08-03 8/2/04 Orders general election NIC CA 2004-09-01 9/7/04 Adopts annual budget, FY 04-05 NIC CA 2004-09-02 9/7/04 Tax levy, FY 04-05 NIC CA 2004-10-01 10/4/04 Cancels general election, unopposed

candidates NIC CA

2004-11-01 10/–/04 Expiration of building or construction permit


2004-12-01 12/6/04 Requires electricians, plumbers, heating, ventilation and air conditioning contractors to be licensed by state


2004-12-02 12/6/04 Requires bond for cleanup, restoration and repair and safety fence for building permit applicants

Rpld. by Ord. 2017-12-02

2004-12-03 Eliminates building commission; building official (did not receive)

Amnd. by Ord. 2008-08-04 CA

2005-09-01 Animal control (did not receive) Rpld. by Ord. 2011-01-02 CA 2005-09-02 9/6/05 Orders general election NIC CA 2005-09-03 9/19/05 Adopts annual budget, FY 05-06 NIC CA 2005-09-04 9/19/05 Tax levy, TY 05-06 NIC CA 2005-11-02 11/16/05 General election results NIC CA 2006-06-01 6/5/06 Adopts International Fire Code, 2003

edition Rpld. by Ord. 2017-12-02

2006-08-01 8/7/06 Orders general election NIC CA 2006-09-02 –/–/– Cancels general election, unopposed

candidates NIC CA

2006-09-11 9/11/06 Designates location of village office Sec. 2.01.001 CA 2006-09-20 9/20/06 Cancels general election, unopposed

candidates NIC CA

2006-09-25 9/25/06 Tax levy, FY 06-07 NIC CA 2006-11-12 Solid waste collection (did not receive) Amnd. by Ord. 2007-01-08 CA 2007-01-01 Animal control (did not receive) Rpld. by Ords. 2010-07-01,

2011-01-02 CA


Appendix B-6


No. 2007-01-08 1/8/07 Amends Ord. 2006-11-12; solid waste

collection

1. Recitals NIC CA 2. Definitions Sec. 12.02.001 CA 1. [sic] Residential service mandatory Sec. 12.02.003 CA 2. Commercial service mandatory Sec. 12.02.004 CA 3. Exclusive franchise Sec. 12.02.005 CA 4. Nuisance Sec. 12.02.006 CA 5. Theft of service Sec. 12.02.007 CA 6. Enforcement Sec. 12.02.002 CA 2007-01-09 Animal control (did not receive) Rpld. by Ord. 2007-07-01 CA 2007-02-02 Lot clearing (did not receive) Rpld. by Ord. 2009-06-01 CA 2007-05-01 5/7/07 Construction and placement of

outbuildings

Definition Sec. 4.06.001 CA Outbuildings prohibited for new

construction Sec. 4.06.003 CA

Permit required Sec. 4.06.004(a) CA Permit application Sec. 4.06.004(b) CA Outbuilding standards Sec. 4.06.005(a) CA Detailed outbuilding standards Sec. 4.06.005(b) CA Appeals Sec. 4.06.006 CA Enforcement Sec. 4.06.002(a) CA Criminal prosecution Sec. 4.06.002(b) CA Civil remedies Sec. 4.06.002(c) CA 2007-06-01 6/11/07 Replaces Ord. 2002-11-02; traffic

regulations

Sec. I Findings of fact NIC CA Sec. II Purpose Sec. 11.01.001 CA Sec. III Definitions Sec. 11.01.002 CA Sec. IV Speed Sec. 11.03.001 CA Sec. V Traffic-control devices A. Conformity Sec. 11.02.001 CA B. Compliance Sec. 11.02.002 CA C. Enforcement Sec. 11.02.003 CA D. Interference with a traffic-control

device Sec. 11.02.004 CA

E. Display of unauthorized signs, signals or markings

Sec. 11.02.005 CA

F. Installation Sec. 11.02.006 CA G. Prima facie evidence of authorized

installation Sec. 11.02.007 CA

Sec. VI On-street parking prohibited Sec. 11.04.001 CA Sec. VII Unimproved right of way

parking prohibited Sec. 11.04.002 CA

Sec. VIII Exceptions Sec. 11.01.004 CA Sec. IX Effective date NIC CA Sec. X Enforcement Sec. 11.01.003 CA


Appendix B-7


No. 2007-09-01 9/10/07 Tax levy, FY 07-08 NIC CA 2007-09-02 9/10/07 Adopts annual budget, FY 07-08 NIC CA 2007-10-1 10/8/07 Cancels general election, unopposed

candidates NIC CA

Resolution 10/10/07 Adopts investment policy NIC CA 2008-02-01 2/4/08 Abandons specific portion of public right-

of-way NIC CA

2008-05-01 5/1/08 Prohibits storage of inoperative boats Sec. 1 Popular name Sec. 8.03.001 CA Sec. 2 Purpose Sec. 8.03.002 CA Sec. 3 Definitions Sec. 8.03.003 CA Sec. 4 Inoperative boat storage prohibited Sec. 8.03.005 CA Sec. 5 Effective date NIC CA Sec. 6 Enforcement Sec. 8.03.004 CA 2008-08-04 8/4/08 Amends Ord. 2004-12-03; eliminates

building commission; building official

Sec. 1 Findings of fact NIC CA Sec. 2 Purpose Sec. 4.02.001 CA Sec. 3 Duties of the building official Sec. 4.02.002 CA Sec. 4 Qualifications of the building

official Sec. 4.02.003 CA

Sec. 5 Appointment of building official assistant

Sec. 4.02.004 CA

Sec. 6 Term of building official and assistant

Sec. 4.02.005 CA

Sec. 7 Removal of building official and/or assistant

Sec. 4.02.006 CA

Sec. 8 Appeals Sec. 4.02.007 CA 2008-08-05 8/4/08 Amends Ord. 2004-12-02; bond or other

financial assurance for remediation, cleanup, restoration and repair; abandoned projects


2008-08-01 8/21/08 Adopts budget, FY 08-09 NIC CA 2008-08-02 8/21/08 Tax levy, FY 08-09 NIC CA 2009-06-01 6/1/09 Repeals Ord. 2007-02-02; lot clearing Sec. 1 Short title Sec. 9.02.001 CA Sec. 2 Purpose Sec. 9.02.002 CA Sec. 3 Scope Sec. 9.02.003 CA Sec. 4 Definitions Sec. 9.02.004 CA Sec. 4 [sic] Lot clearing permit Sec. 9.02.006 CA Sec. 5 Protection during construction Sec. 9.02.008 CA Sec. 6 Variances Sec. 9.02.007 CA Sec. 7 Enforcement Sec. 9.02.005 CA 2009-09-01 9/14/09 Operation of golf carts Sec. I Findings of fact NIC CA Sec. II Purpose Sec. 11.05.001 CA Sec. III Definitions Sec. 11.05.002 CA


Appendix B-8


No. 2009-09-01,

cont’d. Sec. IV Golf cart operation on village

streets by unlicensed minors prohibited unless accompanied by adult

Sec. 11.05.004 CA

Sec. V Penalties and enforcement Sec. 11.05.003 CA 9/14/09 Tax levy, TY 2009 NIC CA 2009-11-01 11/2/09 Flood damage prevention Art. I Findings, authorization, purpose

and methods

Sec. 1.01 Findings of fact Sec. 4.05.001 CA Sec. 1.02 Statutory authorization Sec. 4.05.002 CA Sec. 1.03 Statement of purpose Sec. 4.05.003 CA Sec. 1.04 Methods of reducing flood

losses Sec. 4.05.004 CA

Art. II Definitions Sec. 4.05.005 CA Art. III General provisions Sec. 3.01 Lands to which this ordinance

applies Sec. 4.05.006 CA

Sec. 3.02 Basis for establishing the areas of special flood hazard

Sec. 4.05.007 CA

Sec. 3.03 Establishment of development permit

Sec. 4.05.008 CA

Sec. 3.04 Compliance Sec. 4.05.009 CA Sec. 3.05 Abrogation and greater

restrictions Sec. 4.05.010 CA

Sec. 3.06 Interpretation Sec. 4.05.011 CA Sec. 3.07 Warning and disclaimer of

liability Sec. 4.05.012 CA

Art. IV Administration Sec. 4.01 Designation of the floodplain

administrator Sec. 4.05.041 CA

Sec. 4.02 Duties and responsibilities of the floodplain administrator

Sec. 4.05.042 CA

Sec. 4.03 Permit procedures Sec. 4.05.043 CA Sec. 4.04 Variance procedures Sec. 4.05.044 CA Art. V Provisions for flood hazard

reduction

Sec. 5.01 General standards Sec. 4.05.071 CA Sec. 5.02 Specific standards Sec. 4.05.072 CA Sec. 5.03 Standards for subdivision

proposals Sec. 4.05.073 CA

Sec. 5.04 Standards for areas of shallow flooding (AO/AH zones)

Sec. 4.05.074 CA

Sec. 5.05 Penalties for noncompliance Sec. 4.05.013 CA 2010-06-01 6/7/10 Establishes position of code enforcement

officer and officers in training

Sec. I Findings of fact NIC CA Sec. II Code enforcement officer Sec. 2.03.004 CA


Appendix B-9


No. 2010-06-02 6/7/10 Amends Ord. 2002-05-01 (did not

receive); litter control Art. 7.04 CA

2010-07-01 7/7/10 Repeals Ords. 2001-8-01, 2007-01-01 and 2007-01-09; animal control

Sec. I Findings of fact NIC CA Sec. II Definitions Sec. 3.01.001 CA Sec. III Adoption and incorporation of

state law Sec. 3.01.002 CA

Sec. III [sic] Registration and vaccination of dogs

Sec. 3.01.006 CA

Sec. IV Prohibitions A. Unregistered dogs Sec. 3.03.001 CA B. Unvaccinated dogs Sec. 3.03.002 CA C. Requirement for collar Sec. 3.03.003 CA D. At-large dogs Sec. 3.03.004 CA E. Dogs that attack or threaten to attack Sec. 3.03.005 CA F. Physical control of dangerous dog Sec. 3.03.006 CA G. Tethering of dogs Sec. 3.03.007 CA H. Sanitation Sec. 3.03.008 CA I. Dog nuisance Sec. 3.03.009 CA J. Interference with the duties of the

animal control officer Sec. 3.03.010 CA

K. Cruelty to animals Sec. 3.03.011 CA L. Animal confinement Sec. 3.03.012 CA M. Poisoning of animals Sec. 3.03.013 CA N. Unreasonable noise Sec. 3.03.014 CA Sec. V Administration A. Animal control officer Sec. 3.02.001 CA B. Reporting and quarantine of dogs

suspected of having rabies Sec. 3.02.003 CA

C. Handling of dogs exposed to rabies Sec. 3.02.004 CA D. Impoundment and other fees Sec. 3.02.005 CA E. Procedure for dogs causing injury or

death to another animal Sec. 3.02.006 CA

F. Determination that a dog is dangerous Sec. 3.02.031 CA G. Required procedures for the owner of

a dangerous dog Sec. 3.02.032 CA

H. Registration of a dangerous dog Sec. 3.02.033 CA I. Procedures for dangerous dog at large

or attack by a dangerous dog Sec. 3.02.034 CA

Sec. VI Enforcement Sec. 3.01.003 CA Appendix 1 Fees and fines for violations Fines Sec. 3.01.004 CA Fees Secs. 3.01.005, A2.001–

A2.003 CA

2010-07-02 7/7/10 Designates location of village office Sec. 2.01.001 CA 2010-11-01 11/1/10 Cancels general election; unopposed

candidates NIC CA


Appendix B-10


No. 2011-01-01 1/3/11 Junked vehicles Sec. 1 Findings of fact NIC CA Sec. 2 Popular name Sec. 8.04.001 CA Sec. 3 Repeal of current ordinances NIC CA Sec. 4 Adoption of state law Sec. 8.04.002 CA Sec. 5 Definitions Sec. 8.04.003 CA Sec. 6 Nuisance prohibited Sec. 8.04.031 CA Sec. 7 Complaint and investigation Sec. 8.04.032 CA Sec. 8 Notice and hearing Sec. 8.04.033 CA Sec. 9 Order by judge Sec. 8.04.034 CA Sec. 10 Vehicles not to be made operable Sec. 8.04.035 CA Sec. 11 Notice to TxDOT Sec. 8.04.036 CA Sec. 12 Exemptions Sec. 8.04.037 CA Sec. 13 Administration Sec. 8.04.038 CA Sec. 14 Removal Sec. 8.04.039 CA Sec. 15 Enforcement Sec. 8.04.040 CA 2011-01-02 1/3/11 Repeals Ords. 2001-08-01, 2001-10-01,

2005-09-01 and 2007-01-01; animal control, dogs

Sec. I Findings of fact NIC CA Sec. II Definitions Sec. 3.01.001 CA Sec. III Adoption and incorporation of


Sec. III [sic] Registration and vaccination of dogs

Sec. 3.01.006 CA

Sec. IV Prohibitions A. Unregistered dogs Sec. 3.03.001 CA B. Unvaccinated dogs Sec. 3.03.002 CA C. Requirement for collar Sec. 3.03.003 CA D. At-large dogs Sec. 3.03.004 CA E. Dogs that attack or threaten to attack Sec. 3.03.005 CA F. Physical control of dangerous dog Sec. 3.03.006 CA G. Tethering of dogs Sec. 3.03.007 CA H. Sanitation Sec. 3.03.008 CA I. Dog nuisance Sec. 3.03.009 CA J. Interference with the duties of the


K. Cruelty to animals Sec. 3.03.011 CA L. Animal confinement Sec. 3.03.012 CA M. Poisoning of animals Sec. 3.03.013 CA N. Unreasonable noise Sec. 3.03.014 CA Sec. V Administration A. Animal control officer Sec. 3.02.001 CA B. Reporting and quarantine of dogs


C. Handling of dogs exposed to rabies Sec. 3.02.004 CA D. Impoundment and other fees Sec. 3.02.005 CA


Appendix B-11


No. 2011-01-02,

cont’d. E. Procedure for dogs causing injury or






J. Training of animal control officer Sec. 3.02.002 CA Sec. VI Enforcement Sec. 3.01.003 CA Appendix 1 Fees and fines for violations Fines Sec. 3.01.004 CA Fees Secs. 3.01.005, A2.001–

A2.003 CA

2011-09-01 9/7/11 Tax levy, FY 11-12 NIC CA 2012-06-01 6/4/12 Adopts International Building Code, 2009

edition Rpld. by Ord. 2017-12-02 CA

2012-06-02 6/4/12 Declares village’s intent to crack seal and sweep certain roads

NIC CA

2012-08-01 8/6/12 Amends Ord. 2010-06-02, repeals Ord. 2002-05-01; litter control

Sec. I Findings of fact NIC CA Sec. II Repeal of Ord. 2002-05-01 NIC CA Sec. III Purpose Sec. 7.04.001 CA Sec. IV Definitions Sec. 7.04.002 CA Sec. V Provisions Litter prohibited Sec. 7.04.004 CA Litter reporting Sec. 7.04.005 CA Litter removal Sec. 7.04.006 CA Lot maintenance program Sec. 7.04.007 CA Sec. VI Effective date NIC CA Sec. VII Enforcement Sec. 7.04.003 CA 2012-09-01 9/10/12 Tax levy, TY 12-13 NIC CA 2012-09-02 9/10/12 Orders general election NIC CA 2012-10-01 10/1/12 Adds ch. 36 to International Building

Code; substandard buildings Art. 4.04 CA

2012-12-01 12/3/12 General election results NIC CA 2013-09-02 9/30/13 Tax levy, FY 2013 NIC CA 2014-09-02 9/3/14 Tax levy, TY 2014 NIC CA 2015-01-01 1/14/15 Repeals Ord. 2011-01-02; animal control Sec. I Findings of fact NIC CA Sec. II Definitions Sec. 3.01.001 CA Sec. III Adoption and incorporation of


Sec. IV Registration and vaccination of dogs

Sec. 3.01.006 CA

Sec. V Prohibitions A. Unregistered dogs Sec. 3.03.001 CA


Appendix B-12


No. 2015-01-01,

cont’d. B. Unvaccinated dogs Sec. 3.03.002 CA

C. Requirement for collar Sec. 3.03.003 CA D. At-large dogs Sec. 3.03.004 CA E. Dogs that attack or threaten to attack Sec. 3.03.005 CA F. Physical control of dangerous dog Sec. 3.03.006 CA G. Tethering of dogs Sec. 3.03.007 CA H. Sanitation Sec. 3.03.008 CA I. Dog nuisance Sec. 3.03.009 CA J. Interference with the duties of the


K. Cruelty to animals Sec. 3.03.011 CA L. Animal confinement Sec. 3.03.012 CA M. Poisoning of animals Sec. 3.03.013 CA N. Unreasonable noise Sec. 3.03.014 CA Sec. VI Administration A. Animal control officer Sec. 3.02.001 CA B. Reporting and quarantine of dogs


C. Handling of dogs exposed to rabies Sec. 3.02.004 CA D. Impoundment and other fees Sec. 3.02.005 CA E. Procedure for dogs causing injury or






J. Training of animal control officer Sec. 3.02.002 CA Sec. VII Enforcement Sec. 3.01.003 CA Appendix 1 Fees and fines for violations Fines Sec. 3.01.004 CA Fees Secs. 3.01.005, A2.001–

A2.003 CA

2015-03-01 3/4/15 Abolishes building commission; appointment of building official and assistant building official


official and assistant Sec. 4.02.003 CA

Sec. 5 Appointment of building official and assistant

Sec. 4.02.004 CA

Sec. 6 Term of building official and assistant

Sec. 4.02.005 CA


Appendix B-13


No. 2015-03-01,

cont’d. Sec. 7 Removal of building official and/or

assistant Sec. 4.02.006 CA

Sec. 8 Appeals Sec. 4.02.007 CA Sec. 9 Repeals Ord. 2008-08-04 NIC CA 2015-03-02 3/4/15 Substandard buildings Sec. 1 Findings of fact NIC CA Sec. 1 Substandard building regulations Sec. I General A. Name Sec. 4.04.001 CA B. Purpose Sec. 4.04.002 CA C. Definitions Sec. 4.04.003 CA Sec. II Declaration of nuisance Sec. 4.04.004 CA Sec. III Inspection Sec. 4.04.005 CA Sec. IV Notice of violation Sec. 4.04.006 CA Sec. V Standards Sec. 4.04.007 CA Sec. VI Hearings Sec. 4.04.008 CA Sec. VII Order for repair or demolition Sec. 4.04.009 CA Sec. VIII Notice of repair or demolition Sec. 4.04.010 CA Sec. IX Appeal Sec. 4.04.011 CA Sec. X Demolition and repair expenses Sec. 4.04.012 CA Sec. XI Assessment of lien Sec. 4.04.013 CA Sec. XII Penalty for violation Sec. 4.04.014 CA Sec. XIII Liability Sec. 4.04.015 CA 2017-05-01 5/10/17 Grants electric utility franchise NIC CA 2017-06-02 6/28/17 Adopts residence homestead tax

exemption Sec. 1.04.061 CA

2017-12-01 12/13/17 Appoints municipal court judge NIC CA 2017-12-02 12/13/17 Repeals Ords. 2000-12-02, 2003-10-02,

2004-11-01, 2004-12-01, 2004-12-02, 2006-06-01, 2012-06-01, 2003-07-01, sec. 6; building regulations

Sec. 1.01 Statement of purpose; enforcement; penalty

Sec. 4.03.001 CA

Sec. 1.02 International codes Sec. 4.03.002 CA Sec. 1.03 General provisions applicable to

all construction and improvement activity

Sec. 4.03.003 CA

Sec. 1.04 Application requirements Sec. 4.03.004 CA Sec. 1.05 Approval process Sec. 4.03.005 CA Sec. 1.06 Construction Sec. 4.03.006 CA Sec. 1.07 House elevation and location,

survey, building codes Sec. 4.03.007 CA

Sec. 1.08 Plans and specifications Sec. 4.03.008 CA Sec. 1.09 Utilities; inspections; and

occupancy Sec. 4.03.009 CA

Sec. 1.10 Inspection fees Sec. 4.03.010 CA Sec. 1.11 General contractor cash bond Sec. 4.03.011 CA Sec. 1.12 Swimming pools, spas, and hot

tubs Sec. 4.03.012 CA


Appendix B-14


No. 2018-03-01 3/21/18 Appoints municipal court clerk NIC CA 2018-03-02 3/21/18 Appoints alternate municipal court judge NIC CA 2018-04-01 4/11/18 Amends Ord. 2009-09-01; golf carts Sec. II Operation Sec. 11.05.004 CA Sec. III Penalty Sec. 11.05.003 CA

1

AKERS & AKERS, LLP Attorneys at Law

13625 Pond Springs Road, Suite 204 Austin, Texas 78729 Phone: 512-600-2308 Fax: 512-233-0801

Confidential/Privileged

Attorney-Client Communication

MEMORANDUM

TO: Mayor and Village Council

FROM: Monte Akers and Zachariah Evans, Village Attorneys

DATE: June 11, 2018

RE: Franklin Code Codification

____ ______________________________________________________________________

Please accept this memorandum in response to our review of Franklin’s recently completed

codification of the Village’s ordinances.

Franklin is known for providing thorough, well-drafted codes, and the codification they

drafted for Point Venture is no exception. Accordingly, although we have we have included a

few comments and recommendations in the attached redline review, we recommend the

village council adopt the codification as soon as practical. Should the council wish to

implement our recommendations, the can be easily accomplished by adopting an ordinance

or two at a later date.

Although the redline revisions and comments are provided, we wish to provide additional

explanation. The majority of our recommendations have to do with fines/penalties.

First, the general penalty provision section 1.01.009 is missing a civil enforcement option.

State statute, Local Government Code Chapter 54 provides cities with the authority to utilize

civil litigation to enforce ordinances, either as an alternative to, or in addition to, using

criminal enforcement in municipal court. For example, if an offender is convicted in

municipal court, but continues violating an ordinance, or fails to remedy the offense (for

example, failing to clear accumulated rubbish from a lot), the village could go to an

appropriate civil court to sue for an injunction and/or civil fines that would be assessed on

top of any criminal fines. In other words, if criminal enforcement fails, civil enforcement

provides more “teeth” and the possibility of confinement of the defendant should she or he

fail to comply with an injunctive order.

Please note, however, that, not only is it uncommon for cities to utilize civil enforcement

(because it is litigation, it is also expensive and slow), the village maintains this authority

even without it being included in the general enforcement provision (section 1.01.009).

Nevertheless, we recommend the council adopt the provision out of a mater of consistency.

2

For example, sections 3.01.003(c), 4.04.014(b), and several others provide for civil

enforcement, yet other articles and chapters have no civil enforcement provision at all. If the

council were to adopt a general civil enforcement provision in section 1.01.009, there could

be no argument, ever, that the council intended to protect the village’s authority to use civil

enforcement.

Also note that the civil enforcement maximum fines vary throughout the code, from $100.00

to $1,000.00. Local Government Code section 54.017(b) provides for a maximum fine of

$1,000.00 per offense. Accordingly, we recommend not only that the council adopt a general

civil enforcement provision in section 1.01.009, but also amend any other civil fine amounts

to allow for the maximum $1,000.00 provided by state statute.

Last year, we made a recommendation to the previous council that they refrain from

codifying fine schedules, e.g., section 3.01.004, the fine schedule for animal control-related

offenses. The reason for this is because, generally, the levying of fines is the purview of the

municipal court judge. State law already establishes that fine amounts range from $1.00 to

$500.00, or $1.00 to $2,000.00, depending on the type of offense, and the judge must stay

within those parameters when issuing fines. This is typically, accomplished when the judge

established “window” fines for each offense, which is the amount a defendant would pay if

she or he went to the window at city hall, wishing to simply plead no contest and pay the

fine.

However, problems with the mandated fine schedule would arise if a defendant wished to

contest a citation, either at pre-trial negotiations with the prosecutor, or after being found

guilty at trial. For example, if a defendant is charge for having a dog at large for the fifth

time, he or she is clearly a habitual offender. However, under subsection 3.01.004(1)(C), the

judge (or even a jury if a case were go to jury trial) would be limited to fining the offender no

more (nor more less) than $120.00.

In conclusion, and to make as clear as possible: the preceding discrepancies are very minor in

the grand scheme of things, and not worth delaying the adoption of the codification. As long

as a majority of the council is comfortable moving forward, we recommend adoption.

As always, please do not hesitate to contact us should you have questions or concerns.

###

CODE OF ORDINANCES

OF THE

VILLAGE OF POINT VENTURE, TEXAS

As Codified By:

2435 20th Street Lubbock, Texas 79411

806.797.8281 www.franklinlegal.net

http://www.franklinlegal.net/

TOC-1

TABLE OF CONTENTS

POINT VENTURE CODE OF ORDINANCES

CHAPTER 1: GENERAL PROVISIONS ............................................................ 1-1

Article 1.01 Code of Ordinances ...................................................................... 1-7

Article 1.02 Emergency Management .............................................................. 1-12

Article 1.03 Municipal Court ............................................................................ 1-16

Division 1. Generally ............................................................................... 1-16 Division 2. Fines, Costs and Special Expenses .............................................. 1-19

Article 1.04 Taxation ................................................................................. 1-20

Division 1. Generally ............................................................................... 1-20 Division 2. Sales and Use Tax ......................................................................... 1-20

Division 3. Property Taxes .............................................................................. 1-20

CHAPTER 2: ADMINISTRATION AND PERSONNEL ................................ 2-1

Article 2.01 General Provisions ........................................................................ 2-7

Article 2.02 Village Council ............................................................................. 2-7

Article 2.03 Officers and Employees ............................................................... 2-7

Article 2.04 Police ..................................................................................... 2-9

Article 2.05 Finances ................................................................................. 2-10

CHAPTER 3: ANIMAL CONTROL ..................................................................... 3-1


Article 3.02 Administration ............................................................................... 3-12 Division 1. Generally ............................................................................... 3-12

Division 2. Dangerous Dogs ............................................................................ 3-16

Article 3.03 Offenses ................................................................................. 3-19

CHAPTER 4: BUILDING REGULATIONS ....................................................... 4-1


Article 4.02 Building Official and Assistant Building Official .................... 4-7

Article 4.03 Construction Codes and Standards ............................................... 4-9 Article 4.04 Substandard Buildings .................................................................. 4-22

Article 4.05 Flood Damage Prevention ............................................................ 4-30

Division 1. Generally ............................................................................... 4-30

Division 2. Administration ............................................................................... 4-38

TOC-2

CHAPTER 4: BUILDING REGULATIONS, cont’d.

Division 3. Flood Hazard Reduction Standards .................................................................... 4-41 Article 4.06 Outbuildings............................................................................................................... 4-45

Article 4.07 Building Height and Antenna Facilities .................................................................. 4-48

CHAPTER 5: BUSINESS REGULATIONS (Reserved) .............................................................. 5-1

CHAPTER 6: FIRE PREVENTION AND PROTECTION ........................................................ 6-1

Article 6.01 General Provisions ............................................................................................................. 6-7

Article 6.02 Fireworks...................................................................................................................... 6-7

CHAPTER 7: HEALTH AND SANITATION ..................................................................................... 7-1

Article 7.01 General Provisions ............................................................................................................. 7-7

Article 7.02 Food Establishments .......................................................................................................... 7-7 Division 1. Generally .......................................................................................................... 7-7

Division 2. Permit .......................................................................................................... 7-8 Article 7.03 Public Swimming Pools .................................................................................................. 7-10

Division 1. Generally ........................................................................................................ 7-10 Division 2. Permit ........................................................................................................ 7-11

Article 7.04 Litter Control and Lot Maintenance ........................................................................ 7-14 Article 7.05 High Grass and Weeds .................................................................................................... 7-17

CHAPTER 8: OFFENSES AND ADDITIONAL PROVISIONS ............................................... 8-1

Article 8.01 General Provisions ............................................................................................................. 8-7 Article 8.02 Weapons ................................................................................................................. 8-7

Article 8.03 Storage of Inoperative Boats ....................................................................................... 8-9

Article 8.04 Abandoned or Junked Vehicles ................................................................................ 8-11 Division 1. Generally ................................................................................................... 8-11

Division 2. Junked Vehicles ............................................................................................. 8-12

CHAPTER 9: PLANNING AND DEVELOPMENT REGULATIONS ................................... 9-1

Article 9.01 General Provisions ............................................................................................................. 9-7 Article 9.02 Lot Clearing ............................................................................................................ 9-7

TOC-3


CHAPTER 10: STREETS, PARKS AND OTHER PUBLIC WAYS AND PLACES ........ 10-1

Article 10.01 General Provisions .......................................................................................... 10-7

Article 10.02 Right-of-Way Management ........................................................................... 10-7

Division 1. Generally ................................................................................................ 10-7 Division 2. Construction Standards ................................................................................... 10-13

CHAPTER 11: TRAFFIC AND VEHICLES .......................................................................... 11-1


Article 11.02 Traffic-Control Devices .................................................................................. 11-9

Article 11.03 Operation of Vehicles ..................................................................................... 11-11

Article 11.04 Parking .................................................................................................... 11-12

Article 11.05 Golf Carts ............................................................................................... 11-13

CHAPTER 12: UTILITIES ......................................................................................................... 12-1


Article 12.02 Solid Waste ............................................................................................. 12-7

APPENDIX A: FEE SCHEDULE ....................................................................................... APPENDIX A-1

Article A1.000 General Provisions ....................................................................................................... A-7

Article A2.000 Animals .......................................................................................................................... A-7

APPENDIX B: ORDINANCE DISPOSITION TABLE ......................................... APPENDIX B-1

INDEX ......................................................................................................................... I-1

1-1

CHAPTER 1

GENERAL PROVISIONS

ARTICLE 1.01 CODE OF ORDINANCES ............................................................................... 1-7

Sec. 1.01.001 Adoption .................................................................................. 1-7 Sec. 1.01.002 Designation and citation of code ...................................................... 1-7

Sec. 1.01.003 Catchlines of articles, divisions and sections ............................... 1-7

Sec. 1.01.004 Definitions and rules of construction .............................................. 1-7 Sec. 1.01.005 Severability of parts of code ............................................................ 1-10

Sec. 1.01.006 Repeal of ordinances ........................................................................ 1-10

Sec. 1.01.007 Amendments or additions to code ................................................... 1-10

Sec. 1.01.008 Supplementation of code ................................................................. 1-10 Sec. 1.01.009 General penalty for violations of code; continuing violations ...... 1-11

ARTICLE 1.02 EMERGENCY MANAGEMENT .................................................................. 1-12

Sec. 1.02.001 Operational organization .................................................................. 1-12 Sec. 1.02.002 Powers and duties of emergency management director ................ 1-13

Sec. 1.02.003 Emergency management plan ......................................................... 1-14

Sec. 1.02.004 Interjurisdictional program .............................................................. 1-14 Sec. 1.02.005 Override ................................................................................... 1-14

Sec. 1.02.006 Liability .................................................................................... 1-14

Sec. 1.02.007 Commitment of funds ...................................................................... 1-15

Sec. 1.02.008 Offenses; penalty .............................................................................. 1-15 Sec. 1.02.009 Limitations ............................................................................... 1-15

ARTICLE 1.03 MUNICIPAL COURT ...................................................................................... 1-16

Division 1. Generally ............................................................................................................. 1-16 Sec. 1.03.001 Purpose ..................................................................................... 1-16

Sec. 1.03.002 Area of jurisdiction ........................................................................... 1-16

Sec. 1.03.003 Scope ........................................................................................ 1-16 Sec. 1.03.004 Creation of court ............................................................................... 1-16

Sec. 1.03.005 Jurisdictional limits .......................................................................... 1-16

Sec. 1.03.006 Judges ....................................................................................... 1-16

Sec. 1.03.007 Writ power ............................................................................... 1-17 Sec. 1.03.008 Rules of practice and procedure ...................................................... 1-17

Sec. 1.03.009 Clerk of court .................................................................................... 1-18

Sec. 1.03.010 Record of proceedings; preservation of records ............................. 1-18 Sec. 1.03.011 Facilities; seal ............................................................................... 1-18

Sec. 1.03.012 Complaints and pleadings ................................................................ 1-18

Sec. 1.03.013 Prosecutions ...................................................................................... 1-19

Sec. 1.03.014 Jury ........................................................................................... 1-19 Sec. 1.03.015 Appeals..................................................................................... 1-19

Division 2. Fines, Costs and Special Expenses ................................................................... 1-19

Sec. 1.03.041 Collection and administration; amount ........................................... 1-19

1-2


ARTICLE 1.04 TAXATION ...................................................................................................................... 1-20

Division 1. Generally ................................................................................................................... 1-20

Division 2. Sales and Use Tax .................................................................................................... 1-20

Sec. 1.04.031 One percent tax adopted ........................................................................ 1-20

Division 3. Property Taxes .......................................................................................................... 1-20

Sec. 1.04.061 Residence homestead exemption .......................................................... 1-20

[Next page is 1-7.]


1-7

ARTICLE 1.01 CODE OF ORDINANCES*

Sec. 1.01.001 Adoption

There is hereby adopted the Code of Ordinances of the Village of Point Venture, Texas, as

compiled, edited and published by Franklin Legal Publishing, Inc. (Ordinance adopting Code)

Sec. 1.01.002 Designation and citation of code

The ordinances embraced in this chapter and the following chapters, articles and sections shall

constitute and be designated the “Code of Ordinances, Village of Point Venture, Texas,” and may

be so cited. (Ordinance adopting Code)

Sec. 1.01.003 Catchlines of articles, divisions and sections

The catchlines of the several articles, divisions and sections of this code are intended as mere

catchwords to indicate the contents of the article, division or section and shall not be deemed or

taken to be titles of such articles, divisions and sections, nor as any part of the articles, divisions

and sections, nor, unless expressly so provided, shall they be so deemed when any of such

articles, divisions and sections, including the catchlines, are amended or reenacted. (Ordinance

adopting Code)

State law reference–Headings of statutes, V.T.C.A., Government Code, sec. 311.024.

Sec. 1.01.004 Definitions and rules of construction

In the construction of this code and of all ordinances and resolutions passed by the village

council, the following rules shall be observed, unless such construction would be inconsistent

with the manifest intent of the village council:

Generally. Words shall be construed in their common and usual significance unless the contrary

is clearly indicated.

Computation of time. Whenever a notice is required to be given or an act to be done a certain

length of time before any proceeding shall be had, the first day is excluded and the last day is

included. If the last day of any period is a Saturday, Sunday, or legal holiday, the period is

extended to include the next day that is not a Saturday, Sunday, or legal holiday.

State law reference–Computation of time, V.T.C.A., Government Code, sec. 311.014.

Council. Whenever the term “council” or “village council” or “the council” is used, it shall mean

the village council of the Village of Point Venture, Texas.

State law reference–References to municipal governing body and to members of municipal governing

body, V.T.C.A., Local Government Code, sec. 21.002.

* State law reference–Authority of municipality to codify ordinances, V.T.C.A., Local Government Code,

ch. 53.


1-8

County. The term “county” or “this county” shall mean the County of Travis, Texas.

Delegation of authority. Whenever a provision of this Code of Ordinances requires or authorizes

an officer or employee of the village to do some act or perform some duty, it shall be construed to

authorize such officer or employee to designate, delegate and authorize subordinates to perform

the act or duty unless the terms of the provision specifically designate otherwise.

Gender. A word importing the masculine gender only shall extend and be applied to females and

to firms, partnerships, associations and corporations, as well as to males.

State law reference–“Gender” defined, V.T.C.A., Government Code, sec. 312.003(c).

Joint authority. Words purporting to give authority to three (3) or more officers or other persons

shall be construed as giving such authority to a majority of such officers or other persons, unless

it is otherwise declared.

State law reference–Grants of authority, V.T.C.A., Government Code, sec. 312.004.

May. The word “may” is permissive.

State law reference–Construction of word “may,” V.T.C.A., Government Code, sec. 311.016.

Month. The word “month” shall mean a calendar month.

State law reference–“Month” defined, V.T.C.A., Government Code, sec. 312.011.

Must and shall. Each is mandatory.

State law reference–Construction of words “must” and “shall,” V.T.C.A., Government Code, sec.

311.016.

Number. Any word importing the singular number shall include the plural, and any word

importing the plural number shall include the singular.

State law reference–“Number,” V.T.C.A., Government Code, sec. 312.003(b).

Oath. The word “oath” shall be construed to include an affirmation in all cases in which, by law,

an affirmation may be substituted for an oath, and in such cases the words “swear” and “sworn”

shall be equivalent to the words “affirm” and “affirmed.”

State law reference–“Oath,” “swear” and “sworn” defined, V.T.C.A., Government Code, sec. 312.011.

Official time standard. Whenever certain hours are named in this code, they shall mean standard

time or daylight saving time, as may be in current use in the village.

State law reference–Standard time, V.T.C.A., Government Code, sec. 312.016.


1-9

Or, and. The word “or” may be read “and,” and the word “and” may be read “or,” as the sense

requires it.

Owner. The word “owner,” applied to a building or land, shall include any part owner, joint

owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole

or of a part of such building or land.

Person. The word “person” shall extend and be applied to associations, corporations, firms,

partnerships, organizations, business trusts, estates, trusts, and bodies politic and corporate, as

well as to individuals.

State law reference–“Person” defined, V.T.C.A., Government Code, sec. 311.005.

Preceding, following. The terms “preceding” and “following” mean next before and next after,

respectively.

State law reference–“Preceding” defined, V.T.C.A., Government Code, sec. 312.011.

Property. The word “property” shall mean and include real and personal property.

State law reference–“Property” defined, V.T.C.A., Government Code, sec. 311.005.

Real property. The term “real property” shall mean and include lands, tenements and

hereditaments.

Sidewalk. The word “sidewalk” shall mean that portion of a street between the curbline and the

adjacent property line intended for the use of pedestrians.

Signature or subscription. A signature or subscription shall include a mark when a person cannot

write.

State law reference–“Signature” and “subscribe” defined, V.T.C.A., Government Code, sec. 312.011.

State. The term “the state” or “this state” shall be construed to mean the State of Texas.

Street. The word “street” shall have its commonly accepted meaning and shall include highways,

sidewalks, alleys, avenues, recessed parking areas and other public rights-of-way, including the

entire right-of-way.

Tense. Words used in the past or present tense include the future, as well as the past and present.

State law reference–“Tense,” V.T.C.A., Government Code, sec. 312.003(a).

Village, city and town. Each means the Village of Point Venture, Texas.

Village administrator, village manager, village secretary, chief of police or other village officers.

The term “village administrator,” “village manager,” “village secretary,” “chief of police” or

other village officer or department shall be construed to mean the village administrator, village

manager, village secretary, chief of police or such other municipal officer or department,

respectively, of the Village of Point Venture, Texas.


1-10

V.T.C.S., V.T.P.C., V.T.C.C.P., V.T.C.A. Such abbreviations refer to the divisions of Vernon’s

Texas Statutes Annotated.

Written or in writing. The term “written” or “in writing” shall be construed to include any

representation of words, letters, or figures, whether by printing or otherwise.

State law reference–“Written” or “in writing” defined, V.T.C.A., Government Code, sec. 312.011.

Year. The word “year” shall mean a calendar year.

State law reference–“Year” defined, V.T.C.A., Government Code, sec. 312.011.

(Ordinance adopting Code)

Sec. 1.01.005 Severability of parts of code

It is hereby declared to be the intention of the village council that the sections, paragraphs,

sentences, clauses and phrases of this code are severable, and if any phrase, clause, sentence,

paragraph or section of this code 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 this code, since the same would

have been enacted by the village council without the incorporation in the code of any such

unconstitutional phrase, clause, sentence, paragraph or section. (Ordinance adopting Code)

State law reference–Severability of statutes, V.T.C.A., Government Code, sec. 312.013.

Sec. 1.01.006 Repeal of ordinances

The repeal of an ordinance or any portion thereof shall not repeal the repealing clause of an

ordinance or revive any ordinance which has been previously repealed. (Ordinance adopting

Code)

State law reference–Effect of repeal of statutes, V.T.C.A., Government Code, sec. 311.030.

Sec. 1.01.007 Amendments or additions to code

All ordinances of a general and permanent nature, and amendments to such ordinances, hereafter

enacted or presented to the village council for enactment, shall be drafted, so far as possible, as

specific amendments of, or additions to, the Code of Ordinances. Amendments to this code shall

be made by reference to the chapter and section of the code which is to be amended, and

additions shall bear an appropriate designation of chapter, article and section; provided, however,

the failure to do so shall in no way affect the validity or enforceability of such ordinances.


Sec. 1.01.008 Supplementation of code

(a) By contract or by village personnel, supplements to this code shall be prepared and printed

whenever authorized or directed by the village council. A supplement to the code shall include all

substantive permanent and general parts of ordinances passed by the village council during the

period covered by the supplement and all changes made thereby in the code. The pages of a

supplement shall be so numbered that they will fit properly into the code and will, where

necessary, replace pages that have become obsolete or partially obsolete, and the new pages shall


1-11

be so prepared that, when they have been inserted, the code will be current through the date of the

adoption of the latest ordinance included in the supplement.

(b) In preparing a supplement to this code, all portions of the code which have been repealed

shall be excluded from the code by omission thereof from reprinted pages.

(c) When preparing a supplement to this code, the codifier (meaning the person, agency or

organization authorized to prepare the supplement) may make formal, nonsubstantive changes in

ordinances and parts of ordinances included in the supplement, insofar as it is necessary to do so

to embody them into a unified code. For example, the codifier may:

(1) Organize the ordinance material into appropriate subdivisions;

(2) Provide appropriate catchlines, headings and titles for articles, sections and other

subdivisions of the code printed in the supplement and make changes in such

catchlines, headings and titles;

(3) Assign appropriate numbers to articles, sections and other subdivisions to be inserted

in the code and, where necessary to accommodate new material, change existing

article or section or other subdivision numbers;

(4) Change the words “this ordinance” or words of the same meaning to “this chapter,”

“this article,” “this section,” “this subsection,” etc., as the case may be; and

(5) Make other nonsubstantive changes necessary to preserve the original meaning of

ordinance material inserted into the code, but in no case shall the codifier make any

change in the meaning or effect of ordinance material included in the supplement or

already embodied in the code.


Sec. 1.01.009 General penalty for violations of code; continuing violations

(a) Whenever in this code or in any ordinance of the village an act is prohibited or is made or

declared to be unlawful or an offense or a misdemeanor or whenever in this code or such

ordinance the doing of any act is required or the failure to do any act is declared to be unlawful,

and no specific penalty is provided therefor, the violation of any such provision of this code or

any such ordinance shall be punished by a fine of not exceeding five hundred dollars ($500.00).

(b) A fine or penalty for the violation of a rule, ordinance or police regulation that governs fire

safety, zoning or public health and sanitation, including the dumping of refuse, may not exceed

two thousand dollars ($2,000.00).

(c) A person convicted of an offense under title 7, subtitle C, Transportation Code (the

Uniform Act Regulating Traffic on Highways) for which another penalty is not provided shall be

punished by a fine of not less than one dollar ($1.00) or more than two hundred dollars ($200.00)

plus such other penalties and costs as may be provided by such subtitle C.


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(d) Unless otherwise specifically stated in this code, any violation of this code or of any

ordinance that is punishable by a fine that does not exceed five hundred dollars ($500.00) does

not require a culpable mental state, and a culpable mental state is hereby not required to prove

any such offense. Unless otherwise specifically stated in this code, any violation of this code or of

any ordinance that is punishable by a fine that exceeds five hundred dollars ($500.00) shall

require a culpable mental state.

(e) No penalty shall be greater or less than the penalty provided for the same or a similar

offense under the laws of the state.

(f) Unless otherwise stated in this code or in any ordinance, each day any violation of this code

or of any ordinance shall continue shall constitute a separate offense.

(g) In the event that any such violation is designated as a nuisance under the provisions of this

code, such nuisance may be summarily abated by the village. In addition to the penalty prescribed

above, the village may pursue other remedies such as abatement of nuisances, injunctive relief

and revocation of licenses or permits.


State law references–Penalties for violations, V.T.C.A., Local Government Code, sec. 54.001; penalty for

class C misdemeanor, V.T.C.A., Penal Code, sec. 12.23; requirement of culpability, V.T.C.A., Penal Code,

sec. 6.02.

(h) Civil remedies. Nothing in this code of ordinances shall be construed as a waiver of the

village’s right to bring a civil action to enforce the provisions of this code and to seek remedies

as allowed by law, including but not limited to the following:

(1) Injunctive relief to prevent specific conduct that violates this code or to require

specific conduct that is necessary for compliance with this code;

(2) A civil penalty up to $500.00 a day when it is shown that the defendant was

actually notified of the provisions of this chapter and after receiving notice

committed acts in violation of this chapter or failed to take action necessary for

compliance with this chapter; and


ARTICLE 1.02 EMERGENCY MANAGEMENT*

Sec. 1.02.001 Operational organization

The office of emergency management director of the village is hereby created and that office

shall be held by the mayor in accordance with state law.

(1) An emergency management coordinator may be appointed by and serve at the

pleasure of the director.

(2) The coordinator shall be responsible for a program of comprehensive emergency

management within the village and for carrying out the duties and responsibilities set

Formatted: Indent: Left: 0", Numbered + Level: 1 +Numbering Style: a, b, c, … + Start at: 4 + Alignment:Left + Aligned at: 0.05" + Tab after: 0.35" + Indent at: 0"

Formatted: Indent: First line: 0.5"

Commented [ZE1]: Recommend inserting a general civil

enforcement provision – I’m surprised Franklin didn’t add it,

so perhaps there’s a reason I’m not thinking of?


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forth in this article. He/she may delegate authority for execution of these duties to the

coordinator, but ultimate responsibility for such execution shall remain with the

director.

(3) The operational emergency management organization of the village shall consist of

the officers and employees of the village so designated by the director in the

emergency management plan, as well as organized volunteer groups. The functions

and duties of this organization shall be distributed among such officers and

employees in accordance with the terms of the emergency management plan.


* State law reference–Local and interjurisdictional emergency management, V.T.C.A., Government Code,

ch. 418.

Sec. 1.02.002 Powers and duties of emergency management director

The powers and duties of the emergency management director are:

(1) To conduct an ongoing survey of actual or potential hazards which threaten life and

property within the village and an ongoing program of identifying and requiring or

recommending the implementation of measures which would tend to prevent the

occurrence or reduce the impact of such hazards if a disaster did occur.

(2) To supervise the development and approval of an emergency management plan for

adoption by the village, and shall recommend for adoption by the village council all

mutual aid arrangements deemed necessary for the implementation of such plan.

(3) To declare a local state of disaster. The declaration may not be continued or renewed

for a period in excess of seven (7) days except by or with the consent of the village

council. Any order or proclamation declaring, continuing, or terminating a local state

of disaster shall be given prompt and general publicity and shall be filed promptly

with the village secretary.

(4) To issue necessary proclamations, regulations or directives which are necessary for

carrying out the purpose of this article. Such proclamations, regulations or directives

shall be disseminated promptly by means calculated to bring the contents to the

attention of the general public and, unless circumstances attendant on the disaster

prevent or impede, promptly filed with the village secretary.

(5) To direct and control the operations of the village emergency management

organization as well as the training of emergency management personnel.

(6) To determine all questions of authority and responsibility that may arise within the

emergency management organization of the village.

(7) To maintain a liaison with other municipal, county, district, state and regional or

federal emergency management organizations.

(8) To marshal all necessary personnel, equipment or supplies from any department of

the village to aid in the carrying out of the provisions of the emergency management

plan.


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(9) To supervise the drafting and execution of mutual aid agreements, in cooperation

with the representatives of the state and of other local political subdivisions of the

state, and the drafting and execution, if deemed desirable, of an agreement with the

county in which the village is located and with other municipalities within the

county, for the county-wide coordination of emergency management efforts.

(10) To supervise and provide the final authorization for the procurement of all necessary

supplies and equipment, including acceptance of private contributions which may be

offered for the purpose of improving emergency management within the village.


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(11) To authorize the agreements, after approval by the village attorney, for use of private

property for public shelter and other purposes.

(12) To survey the availability of existing personnel, equipment, supplies and services

which could be used during a disaster as provided for herein.

(13) To comply with and carry out all of the requirements as specified in the Texas

Disaster Act of 1975, Vernon’s Codes Annotated, Government Code chapter 418.


Sec. 1.02.003 Emergency management plan

A comprehensive emergency management plan shall be developed and maintained in a current

state. The plan shall set forth the form of the organization; establish and designate divisions and

functions; assign responsibilities, tasks, duties, and powers; and designate officers and employees

to carry out the provisions of this article. As provided by state law, the plan shall follow the

standards and criteria established by the state division of emergency management. Insofar as

possible, the form of organization, titles and terminology shall conform to the recommendations

of the state division of emergency management. When approved, it shall be the duty of all

departments and agencies to perform the functions assigned by the plan and to maintain their

portion of the plan in a current state of readiness at all times. The emergency management plan

shall be considered supplementary to this article and have the effect of law during the time of a

disaster. (Ordinance 2001-07-02, sec. 3, adopted 7/2/01)

Sec. 1.02.004 Interjurisdictional program

The mayor is hereby authorized to join with the county judge and the mayors of the other cities in

the county in the formation of an interjurisdictional emergency management program for the

county, and shall have the authority to cooperate in the preparation of an interjurisdictional

emergency management plan and in the appointment of a joint emergency management

coordinator, as well as all powers necessary to participate in a county-wide program of

emergency management insofar as said program may affect the village. (Ordinance 2001-07-02,

sec. 4, adopted 7/2/01)

Sec. 1.02.005 Override

At all times when the orders, rules, and regulations made and promulgated pursuant to this article

shall be in effect, they shall supersede and override all existing ordinances, orders, rules, and

regulations insofar as the latter may be inconsistent therewith. (Ordinance 2001-07-02, sec. 5,

adopted 7/2/01)

Sec. 1.02.006 Liability

This article is an exercise by the village of its governmental functions for the protection of the

public peace, health, and safety and neither the village, the agents and representatives of the

village, nor any individual, receiver, firm, partnership, corporation, association, or trustee, nor

any of the agents thereof, in good faith carrying out or complying with any order, rule, or

regulation promulgated pursuant to the provisions of this article shall be liable for any damage


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sustained to persons as the result of said activity. Any person owning or controlling real estate or

other premises for the purpose of sheltering a person or persons during an actual, impending, or

practice enemy attack or natural or man-made disaster shall, together with his successors in

interest, if any, not be civilly liable for the death of, or injury to, any person on or about such real

estate or premises under such license, privilege or other permission or for loss of, or damage to,

the property of such person. (Ordinance 2001-07-02, sec. 6, adopted 7/2/01)

Sec. 1.02.007 Commitment of funds

No person shall have the right to expend any public funds of the village in carrying out any

emergency management activity authorized by this article without prior approval of the village

council, nor shall any person have any right to bind the village by contract, agreement, or

otherwise without prior and specific approval of the village council unless during a declared

disaster. During a declared disaster, the mayor may expend and/or commit public funds of the

village when deemed prudent and necessary for the protection of health, life, or property.


Sec. 1.02.008 Offenses; penalty

(a) No person may:

(1) Willfully obstruct, hinder, or delay any member of the emergency management

organization in the enforcement of any rule or regulation issued pursuant to this

article.

(2) Wear, carry, or display any emblem, insignia, or any other means of identification as

a member of the emergency management organization of the village, unless the

emergency management director or coordinator has granted the person authority to

do so.

(3) Operate a siren, or other device that simulates a warning, or a device that simulates

the termination of an authorized warning signal, without the express authorization of

the village emergency management director or coordinator.

(b) Any person who violates any provision of this article shall be guilty of a misdemeanor. A

person convicted of a misdemeanor under this article shall be subject to a fine or penalty in

accordance with state law.


Sec. 1.02.009 Limitations

This article shall not be construed as to conflict with any state or federal statute or with any

military or naval order, rule, or regulation. (Ordinance 2001-07-02, sec. 10, adopted 7/2/01)


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ARTICLE 1.03 MUNICIPAL COURT*

Division 1. Generally

Sec. 1.03.001 Purpose

This article is adopted so that the village council may promote the public health, safety, morals

and general welfare within the village through the enforcement of the village’s ordinances.


Sec. 1.03.002 Area of jurisdiction

The provisions of this article shall apply within the village’s corporate boundaries (i.e., city

limits) as prescribed by state law. (Ordinance 2002-01-01, sec. 4, adopted 1/7/02)

Sec. 1.03.003 Scope

The provisions of this article govern the creation, establishment, operation, and jurisdiction of the

municipal court within the village, including the judges of the court. (Ordinance 2002-01-01, sec.

3(A), adopted 1/7/02)

Sec. 1.03.004 Creation of court

There is hereby established one (1) municipal court within the village, with the designation of

“Municipal Court of the Village of Point Venture.” (Ordinance 2002-01-01, sec. 3(B), adopted

1/7/02)

Sec. 1.03.005 Jurisdictional limits

The municipal court has the jurisdiction provided by general law for municipal courts contained

in section 29.003, Texas Government Code, and article 4.14, Texas Code of Criminal Procedure,

including concurrent jurisdiction with justice courts as provided by section 29.003. The municipal

court also has jurisdiction over cases arising within the village’s corporate boundaries (i.e., city

limits) under ordinances authorized by law. (Ordinance 2002-01-01, sec. 3(C), adopted 1/7/02)

Sec. 1.03.006 Judges

(a) The municipal court shall be presided over by a judge, who shall be known as the

“municipal judge.” The judge shall be appointed by ordinance of the village council for a term of

two (2) years and shall be entitled to a salary set by the village council. The amount of the judge’s

salary may not be diminished during the judge’s term of office. The salary may not be based

directly or indirectly on fines, fees, or costs collected by the court.

(b) The judge must:

(1) Be a citizen of the United States;

(2) Be a resident of this state.

* State law reference–Municipal courts generally, V.T.C.A., Government Code, sec. 29.001 et seq.


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(c) A person may not serve as a municipal judge if the person is otherwise employed by the

municipality. A municipal judge who accepts other employment with the municipality vacates the

judicial office.

(d) If a vacancy occurs in the office of municipal judge, the village council shall adopt an

ordinance appointing a qualified person to fill the office for the remainder of the unexpired term.

(e) There shall also be as many as three (3) alternate judges appointed by the village council,

subject to the same qualifications, who shall have all the powers and shall discharge all the duties

of a municipal judge while serving as municipal judge. Each alternate judge shall be appointed

for a term of two years. If the regular municipal judge is temporarily absent due to illness, family

death, continuing legal or judicial education programs, or any other reason, he shall select one of

the alternate judges to serve during his absence.

(f) The municipal judges may exchange benches and act for each other in any proceeding

pending in the court. An act performed by any of the judges is binding on all parties to the

proceeding.

(g) The municipal judge shall take judicial notice of state law and the ordinances and corporate

limits of the municipality.

(h) A municipal judge is a magistrate and may issue administrative search warrants.

(i) A municipal judge may be removed from office by the village council at any time for

incompetency, misconduct, malfeasance, or disability.

(Ordinance 2002-01-01, sec. 3(D), adopted 1/7/02)

State law references–Municipal court judges, V.T.C.A., Government Code, sec. 29.004 et seq.; term of

municipal court judge, V.T.C.A., Government Code, sec. 29.005.

Sec. 1.03.007 Writ power

The judges of the municipal court may grant writs of mandamus, injunction, attachment, and

other writs necessary to the enforcement of the jurisdiction of the municipal court and may issue

writs of habeas corpus in cases in which the offense charged is within the jurisdiction of the

municipal court. (Ordinance 2002-01-01, sec. 3(E), adopted 1/7/02)

Sec. 1.03.008 Rules of practice and procedure

The Code of Criminal Procedure and the Texas Rules of Appellate Procedure govern the trial of

cases before the municipal court. The court may make and enforce all rules of practice and

procedure necessary to expedite the trial of cases before the court that are not inconsistent with

law. (Ordinance 2002-01-01, sec. 3(F), adopted 1/7/02)

State law reference–Procedures for processing cases within criminal jurisdiction of municipal court, Tex.

Code Crim. Proc. ch. 45.


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Sec. 1.03.009 Clerk of court

(a) The municipal court clerk shall be appointed by ordinance of the village council for a term

of two (2) years and shall be entitled to a salary set by the village council. A municipal court clerk

may be removed from office by the village council at any time for incompetency, misconduct,

malfeasance, or disability.

(b) The clerk of the municipal court may hire, direct and remove the personnel authorized in

the village’s annual budget for the clerk’s office. The clerk or the clerk’s deputies shall keep the

records of the municipal court, issue process, and generally perform the duties for the court that a

clerk of the county court at law exercising criminal jurisdiction is required by law to perform for

that court. In addition, the clerk or the clerk’s deputies shall maintain an index of all court

judgments in the same manner as county clerks are required by law to prepare for criminal cases

arising in county courts. The clerk shall perform the duties in accordance with statutes and

ordinances of the village.

(Ordinance 2002-01-01, sec. 3(G), adopted 1/7/02)

State law reference–Municipal court clerk generally, V.T.C.A., Government Code, sec. 29.010.

Sec. 1.03.010 Record of proceedings; preservation of records

For the purpose of recording the proceedings and preserving a record in all cases tried before the

municipal court, minutes of the proceedings of court shall be kept. The court clerk, deputy clerk,

or court reporter may use written notes, transcribing equipment, video or audio recording

equipment, or a combination of these methods to record the proceedings of the municipal court.

The court clerk, deputy clerk, or court reporter shall keep the record for a twenty (20) day period

beginning the day after the last day of the court proceeding, trial or denial of motion for new trial,

or until any appeal is final, whichever occurs last. (Ordinance 2002-01-01, sec. 3(H), adopted

1/7/02)

Sec. 1.03.011 Facilities; seal

(a) The village council shall provide courtrooms, jury rooms, offices, office furniture, libraries,

law books, and other facilities and supplies that the village council determines necessary for the

proper operation of the municipal court.

(b) The village council shall provide the municipal court with a seal that contains the phrase

“Municipal Court of the Village of Point Venture, Texas.” The seal’s use must conform to article

45.012 of the Code of Criminal Procedure.

(Ordinance 2002-01-01, sec. 3(I), adopted 1/7/02)

Sec. 1.03.012 Complaints and pleadings

Complaints and pleadings must substantially conform to the relevant provisions of chapters 27

and 45 of the Code of Criminal Procedure. (Ordinance 2002-01-01, sec. 3(J), adopted 1/7/02)


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Sec. 1.03.013 Prosecutions

Prosecution in the municipal court shall be conducted as provided by article 45.201, Code of

Criminal Procedure. All prosecutions in municipal court shall be conducted by the village

attorney or by a deputy village attorney, as designated by the village attorney. (Ordinance 2002-

01-01, sec. 3(K), adopted 1/7/02)

Sec. 1.03.014 Jury

(a) A person who is brought before the municipal court and who is charged with an offense is

entitled to be tried by a jury of six (6) persons. Trial by jury, including the summoning of jurors,

must substantially conform to chapter 45, Code of Criminal Procedure.

(b) The court clerk shall supervise the selection of persons for jury service.

(Ordinance 2002-01-01, sec. 3(L), adopted 1/7/02)

State law reference–Municipal court juries, V.T.C.A., Government Code, sec. 62.501.

Sec. 1.03.015 Appeals

(a) A defendant has the right of appeal from a judgment of conviction. The state has the right

to appeal as provided by article 44.01, Code of Criminal Procedure.

(b) All appeals shall be conducted pursuant to the Texas Code of Criminal Procedure.

(Ordinance 2002-01-01, sec. 3(M), adopted 1/7/02)

State law reference–Appeal procedures, bond, etc., Tex. Code Crim. Proc. art. 45.042 et seq.

Secs. 1.03.016–1.03.040 Reserved

Division 2. Fines, Costs and Special Expenses*

Sec. 1.03.041 Collection and administration; amount

(a) The municipal court clerk shall collect and administer all fees and fines authorized by state

law and village ordinances. Fees and fines shall be in the amounts established by state law, the

municipal court judge, and fee schedules adopted by the village council, as may be amended.

(b) A fine or penalty imposed in municipal court for violation of an ordinance of the village

may not exceed five hundred dollars ($500.00), unless the fine or penalty is for violation of a rule

* State law references–Municipal court fines, costs and special expenses, Tex. Code Crim. Proc. art.

45.203; costs paid by defendants, Tex. Code Crim. Proc. ch. 102; court costs on conviction, V.T.C.A.,

Government Code, sec. 102.021; additional court costs on conviction in municipal court, V.T.C.A.,

Government Code, sec. 102.121; contracts for collection services, Tex. Code Crim. Proc. art. 103.0031.

or ordinance or police regulation that governs fire safety, zoning or public health and sanitation,


1-21

including dumping and refuse, in which case the fine or penalty may not exceed two thousand

dollars ($2000.00).

(Ordinance 2002-01-01, sec. 3(N), adopted 1/7/02)

ARTICLE 1.04 TAXATION


Secs. 1.04.001–1.04.030 Reserved

Division 2. Sales and Use Tax*

Sec. 1.04.031 One percent tax adopted

A one percent sales and use tax was adopted by the voters of the village as a result of an election

held on May 5, 2001. (Ordinance 2001-05-02 adopted 5/9/01; Ordinance adopting Code)

Secs. 1.04.032–1.04.060 Reserved

Division 3. Property Taxes

Sec. 1.04.061 Residence homestead exemption

As authorized by the Texas Constitution, article VIII, section 1-b, and Texas Tax Code section

11.13, the village council hereby adopts a residence homestead exemption (for all homesteads) of

ten percent (10%). (Ordinance 2017-06-02 adopted 6/28/17)

* State law reference–Authority of municipality to impose local sales and use tax, V.T.C.A., Tax Code, ch.

321.

2-1

CHAPTER 2

ADMINISTRATION AND PERSONNEL

ARTICLE 2.01 GENERAL PROVISIONS .................................................................................. 2-7

Sec. 2.01.001 Location of village office ................................................................... 2-7

ARTICLE 2.02 VILLAGE COUNCIL .......................................................................................... 2-7

Sec. 2.02.001 Terms of mayor and council members ............................................. 2-7

ARTICLE 2.03 OFFICERS AND EMPLOYEES ........................................................................ 2-7

Sec. 2.03.001 Village secretary ................................................................................. 2-7

Sec. 2.03.002 Village treasurer ................................................................................. 2-8

Sec. 2.03.003 Village attorney .................................................................................. 2-8

Sec. 2.03.004 Code enforcement officer .................................................................. 2-8

ARTICLE 2.04 POLICE ............................................................................................................ 2-9

Sec. 2.04.001 Office of marshal abolished; duties conferred on county sheriff ... 2-9

Sec. 2.04.002 Authority of county deputies ............................................................. 2-10

ARTICLE 2.05 FINANCES ............................................................................................................ 2-10

Sec. 2.05.001 Fiscal year ................................................................................... 2-10

[Next page is 2-7.]


2-7


Sec. 2.01.001 Location of village office

(a) The village shall establish an office to be located in the office complex of the Travis

County WCID - Point Venture.

(b) The address of such office shall be 18606 Venture Drive, Point Venture, Texas 78645.

(c) The official records, contracts and correspondence of the village shall be kept and

contained in such office, except for those records, contracts and correspondence deemed

necessary to be kept in a bank depository lock box.

(d) The business of the village may be conducted in locations other than the village office as

may be needed from time to time.

(Ordinance 2000-12-01 adopted 12/4/00; Ordinance 2006-09-11 adopted 9/11/06; Ordinance

2010-07-02 adopted 7/7/10)

ARTICLE 2.02 VILLAGE COUNCIL

Sec. 2.02.001 Terms of mayor and council members

(a) At the next annual municipal election, which shall occur on November 6, 2001, the mayor

and five council members will be elected.

(b) The mayor and two of the elected council members will serve for two years.

(c) The two council members who serve two-year terms will be determined by drawing lots at

the first meeting of the village council following the November 6, 2001 election.

(d) The remaining three elected council members will serve a one-year term.

(e) Thereafter, all members elected to the village council serve for a term of two years.

(Ordinance 2001-04-01 adopted 4/2/01)

ARTICLE 2.03 OFFICERS AND EMPLOYEES

Sec. 2.03.001 Village secretary

The office of village secretary is hereby created, with the assignment of the duties of city

secretary as stipulated in Texas Local Government Code section 22.073. (Ordinance 2001-01-02,


State law references–Appointment of secretary, V.T.C.A., Local Government Code, sec. 22.071; powers

and duties of city secretary, V.T.C.A., Local Government Code, sec. 22.073.


2-8

Sec. 2.03.002 Village treasurer

The office of village treasurer is hereby created, and the duties of treasurer as stipulated in Texas

Local Government Code section 22.075 are assigned to the duly appointed treasurer. (Ordinance

2001-01-02, sec. 2, adopted 1/2/01)

State law references–Appointment of city officers, including city treasurer, V.T.C.A., Local Government

Code, sec. 22.071; bond and duties of treasurer, V.T.C.A., Local Government Code, sec. 22.075.

Sec. 2.03.003 Village attorney

The office of village attorney is hereby created. (Ordinance 2001-01-02, sec. 4, adopted 1/2/01)

State law reference–Appointment of municipal attorney, V.T.C.A., Local Government Code, sec. 22.071.

Sec. 2.03.004 Code enforcement officer

(a) Definitions.

(1) Code enforcement is the inspection, improvement, and rehabilitation of

environmental hazards in public and private premises by determining the presence of

fire or health hazards, nuisance violations, unsafe building conditions, and violations

of any fire, health, or building regulation, statute or ordinance.

(2) A code enforcement officer is an agent of this state or a political subdivision of this

state who engages in code enforcement and has one year or more of experience in the

field of code enforcement. A code enforcement officer in training is an agent of this

state or a political subdivision of this state who engages in code enforcement but who

has less than one year of experience in the field of code enforcement and is

supervised by a registered code enforcement officer.

(b) Office established; appointment and removal; compensation; officers in training.

(1) The village council hereby establishes the office of code enforcement officer. Such

office shall be independent of other village departments, the code enforcement officer

reporting directly to the mayor. Such office shall be filled by appointment by the

mayor, by and with the consent of the village council. The compensation for such

office shall be determined by the village council. The code enforcement officer shall

serve at the direction of the mayor, and may be terminated by the mayor with council

approval.

(2) The village council may authorize additional positions for code enforcement officers

in training. Such positions shall be subordinate to the code enforcement officer, and

under the direct supervision of the code enforcement officer.

(c) Qualifications. The code enforcement officer shall be fully licensed and compliant with

chapter 1952 of the Texas Occupations Code and 16 TAC chapter 62.


2-9

(d) Duties. The code enforcement officer is fully empowered, to the extent permitted by law, to

administer, investigate, and enforce all ordinances of the village. If the code enforcement officer

determines that violation of an ordinance of the village has occurred, he or she shall notify the

person or persons responsible for such violation and request that the violation(s) cease or

corrective action be taken. If the complaint is not resolved to the satisfaction of the code

enforcement officer, then he or she shall refer the complaint to the mayor and the village attorney

for evaluation and possible prosecution in the village municipal court.

(e) Authority to issue citations.

(1) Enforcement of the village’s ordinances, the zoning ordinance, the subdivision

regulations, the building codes, and any and all applicable codes and ordinances

within the village and the state shall be the responsibility of the code enforcement

officer, any designated code enforcement officer or a licensed peace officer of the

village.

(2) Any officer, as designated in this section, shall have the authority to issue citations

for any violation in accordance with the ordinances of the village, the zoning

ordinance, the subdivision regulations, the building codes, and any and all other

codes or ordinances of the village. If the person being cited is not present, the person

designated hereunder may send the citation to the alleged offender by certified mail,

return receipt requested. If a person who receives a citation by personal service or as

provided under this subsection fails to appear on the return date of the citation, the

court may issue a warrant for the person’s arrest for the violation described in the

citation.

(3) It shall be unlawful for any person to interfere with any code enforcement officer in

the performance of his/her duties under this section and to enforce the ordinances of

the village.

(Ordinance 2010-06-01, sec. II, adopted 6/7/10; Ordinance adopting Code)

State law reference–Code enforcement officers, V.T.C.A., Occupations Code, ch. 1952.

ARTICLE 2.04 POLICE

Sec. 2.04.001 Office of marshal abolished; duties conferred on county sheriff

(a) The office of marshal in the village is hereby abolished and dispensed with.

(b) The effective date of the abolishment of the office of marshal shall be November 12, 2001.

(c) The duties of the marshal are hereby conferred upon the sheriff of the County of Travis,

Texas, effective as of November 12, 2001.


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(d) The duties conferred upon the sheriff of Travis County shall be confirmed in the interlocal

agreement to be entered into by and between the village and Travis County.


State law reference–Abolition of office of marshal, V.T.C.A., Local Government Code, sec. 22.076.

Sec. 2.04.002 Authority of county deputies

(a) The county deputies providing law enforcement services under the interlocal cooperation

agreement between the village and Travis County for law enforcement services are hereby vested

with the same powers, rights and privileges as though such deputies were peace officers of the

village.

(b) The county deputies providing such law enforcement services under the agreement shall

have the same jurisdiction during the performance of such services as though such deputies were

peace officers of the village.

(c) To the extent allowed by state law, the county deputies providing law enforcement services

under the agreement are granted the authority under the Texas Local Government Code, the

Texas Government Code, the Texas Code of Criminal Procedure, and the Texas Administrative

Code applicable to peace officers of the village.


ARTICLE 2.05 FINANCES*

Sec. 2.05.001 Fiscal year

The fiscal year for the village shall be from October 1 of a year and ending on September 30 of

the next succeeding year. (Ordinance 2001-01-01 adopted 1/2/01)

State law reference–Authority of municipality to prescribe fiscal year, V.T.C.A., Local Government Code,

sec. 101.042.

* State law reference–General financial authority of type A general-law municipalities, V.T.C.A., Local

Government Code, sec. 101.001 et seq.

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CHAPTER 3

ANIMAL CONTROL

ARTICLE 3.01 GENERAL PROVISIONS .................................................................................... 3-7

Sec. 3.01.001 Definitions .................................................................................... 3-7 Sec. 3.01.002 Adoption of state law; dangerous animals and rabies control ........... 3-7

Sec. 3.01.003 Enforcement; penalties; standard fine ................................................. 3-7

Sec. 3.01.004 Schedule of fines .................................................................................. 3-8

Sec. 3.01.005 Fees .............................................................................................. 3-9

Sec. 3.01.006 Registration and vaccination of dogs .................................................. 3-9

ARTICLE 3.02 ADMINISTRATION ........................................................................................ 3-12

Division 1. Generally ................................................................................................................. 3-12

Sec. 3.02.001 Duties of animal control officer; impoundment regulations ............. 3-12

Sec. 3.02.002 Training of animal control officer ....................................................... 3-13

Sec. 3.02.003 Reporting and quarantine of dogs suspected of having rabies .......... 3-13

Sec. 3.02.004 Handling of dogs exposed to rabies ..................................................... 3-15

Sec. 3.02.005 Payment of fees, fines and costs by owner of impounded animal .... 3-15

Sec. 3.02.006 Procedure for dogs causing injury or death to another animal .......... 3-16

Division 2. Dangerous Dogs ..................................................................................................... 3-16

Sec. 3.02.031 Determination that dog is dangerous .................................................. 3-16

Sec. 3.02.032 Requirements for owner....................................................................... 3-17

Sec. 3.02.033 Registration; notification of new address ........................................... 3-18

Sec. 3.02.034 Procedures for dangerous dog at large or attack by dangerous dog .... 3-19

ARTICLE 3.03 OFFENSES .............................................................................................................. 3-19

Sec. 3.03.001 Unregistered dogs ................................................................................. 3-19

Sec. 3.03.002 Unvaccinated dogs ............................................................................... 3-19

Sec. 3.03.003 Dogs not wearing collar ....................................................................... 3-20

Sec. 3.03.004 Dogs at large ......................................................................................... 3-20

Sec. 3.03.005 Dogs that attack or threaten to attack .................................................. 3-20

Sec. 3.03.006 Physical control of dangerous dogs .................................................... 3-20

Sec. 3.03.007 Tethering of dogs .................................................................................. 3-21

Sec. 3.03.008 Removal of waste ................................................................................. 3-21

Sec. 3.03.009 Dog nuisances ....................................................................................... 3-21

Sec. 3.03.010 Interference with duties of animal control officer ............................ 3-22

Sec. 3.03.011 Cruelty to animals ................................................................................ 3-22

Sec. 3.03.012 Confinement of animal in motor vehicle or trailer ............................ 3-22

Sec. 3.03.013 Poisoning of animals ............................................................................ 3-23

Sec. 3.03.014 Unreasonable noise .............................................................................. 3-23

[Next page is 3-7.]


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Sec. 3.01.001 Definitions

When used in this chapter, the definitions found in title 10 of the Texas Health and Safety Code

shall apply. (Ordinance 2010-07-01, sec. II, adopted 7/7/10; Ordinance 2011-01-02, sec. II,

adopted 1/3/11; Ordinance 2015-01-01, sec. II, adopted 1/14/15)

Sec. 3.01.002 Adoption of state law; dangerous animals and rabies control

To the extent permissible, the village hereby adopts the provisions of chapters 822 and 826 of the

Texas Health and Safety Code, as may be amended from time to time by the legislature. If any

conflict exists between this chapter and state statute, the state statute shall prevail. (Ordinance

2010-07-01, sec. III, adopted 7/7/10; Ordinance 2011-01-02, sec. III, adopted 1/3/11; Ordinance

2015-01-01, sec. III, adopted 1/14/15)

State law references–Regulation of animals, V.T.C.A., Health and Safety Code, ch. 822; rabies, V.T.C.A.,

Health and Safety Code, ch. 826.

Sec. 3.01.003 Enforcement; penalties; standard fine

(a)(i) Civil and criminal penalties. The village shall have the power to administer and enforce

the provisions of this chapter as may be required by governing law. Any person violating any

provision of this chapter is subject to suit for injunctive relief as well as prosecution for criminal

violations. Any violation of this chapter is hereby declared to be a nuisance.

(b)(j) Criminal prosecution. Any person violating any provision of this chapter shall,

upon conviction, be fined a sum not exceeding $500.00 plus court costs and administration fees as

applicable. Each day that a provision of this chapter is violated shall constitute a separate offense.

An offense under this chapter is a misdemeanor.

(c)(k) Civil remedies. Nothing in this chapter shall be construed as a waiver of the

village’s right to bring a civil action to enforce the provisions of this chapter and to seek remedies

as allowed by law, including but not limited to the following:

(1)(3) Injunctive relief to prevent specific conduct that violates this chapter or to require

specific conduct that is necessary for compliance with this chapter;

(2)(4) A civil penalty up to $500.00 a day when it is shown that the defendant was actually

notified of the provisions of this chapter and after receiving notice committed acts in

violation of this chapter or failed to take action necessary for compliance with this

chapter; and

(3)(5) Other available relief.

* State law references–Authority of governing body to regulate animals, V.T.C.A., Local Government

Code, sec. 215.025 et seq.; health and safety of animals, V.T.C.A., Health and Safety Code, ch. 821 et seq.

Formatted: Numbered + Level: 1 + Numbering Style:a, b, c, … + Start at: 4 + Alignment: Left + Aligned at: 0.05" + Tab after: 0.35" + Indent at: 0"


3-8

(d) Fees and fines; standard fine. Fees for registration and impoundment of dogs and fines for

violations of the provisions of this chapter shall be the same as state law. If state law does not

set a particular fine, and if a fine is not otherwise provided in this chapter, the standard fine for a

violation of this chapter shall be two hundred and fifty dollars ($250.00).

(Ordinance 2010-07-01, sec. VI, adopted 7/7/10; Ordinance 2011-01-02, sec. VI, adopted 1/3/11;

Ordinance 2015-01-01, sec. VII, adopted 1/14/15)

Sec. 3.01.004 Schedule of fines

Fines for animal control violations are as follows. The animal control officer may issue warnings

in lieu of citations and fines.

(1) Dog at large:




(2) Dog with no or expired village registration:

(A) 1st offense: $50.00 per month, per animal.

(B) 2nd offense: $75.00 per month, per animal.

(C) 3rd offense and thereafter: $100.00 per month, per animal, until registered.

(3) Dog without collar and tags:

(A) With proof of tags: $10.00.

(B) Without proof of tags (1st offense): $25.00.

(C) Without proof of tags (2nd offense): $50.00.

(D) Without proof of tags (3rd offense and thereafter): $75.00.

(4) No rabies vaccination:




Commented [ZE2]: This is in direct conflict with section

3.01.004. See my comments below.

Commented [ZE3]: I made a recommendation to the

previous council to do away with this fine schedule

completely. They really do not belong in a code of

ordinance.

The reason being that fines are already set by law (see

section 1.01.009 above). Typically, the judge determines

what the fine is going to be through the use of “window

fines,” which is the fine you’re going to pay if you “went to

the window” at city hall to pay. And, in some instances, the

prosecutor may need negotiating room to settle a case. If the

council mandates the fine amounts, the judge and

prosecutor’s hands are tied.

Set fines also allow frequent violators to shirk higher fines.

For example, if someone has been cited 3, 4, or more times

for having their dog loose, the council is limiting the

prosecutor and court to imposing a $120 fine, when the max

fine permitted by law is $500.


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(5) Dangerous dog at large:



(6) Tying animal in public right-of-way:




(7) Dog nuisance violation:




(8) Dog defecating on property of another: $50.00.

(9) Failure to quarantine a dog: $30.00 - $500.00.

(10) Animal cruelty: $100.00.

(11) Poisoning of animals: $100.00.

(Ordinance 2010-07-01, app. A, adopted 7/7/10; Ordinance 2011-01-02, app. A, adopted 1/3/11;

Ordinance 2015-01-01, app. A, adopted 1/14/15; Ordinance adopting Code)

Sec. 3.01.005 Fees

Animal control fees are as set forth in the fee schedule in appendix A of this code. (Ordinance

2010-07-01, app. A, adopted 7/7/10; Ordinance 2011-01-02, app. A, adopted 1/3/11; Ordinance

2015-01-01, app. A, adopted 1/14/15; Ordinance adopting Code)

Sec. 3.01.006 Registration and vaccination of dogs

(a) Registration of dogs; dogs temporarily in village.

(1) Registration requirement. The owner of a dog that is over the age of four (4) months

and located with the village limits shall register the dog with the village.


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(2) Vaccination and registration of visiting dogs. Any visitor who is the owner of a dog

which is kept within the boundaries of the village for a period of thirty (30) days or

less must have an up-to-date rabies vaccination with proof of vaccination available. If

the visiting dog remains in the village for more than thirty (30) days then the owner

must obtain a village permit and tag, and must ensure that the village tag along with

the rabies tag is properly worn by the animal at all times for the remainder of the

animal’s duration in the village.

(3) Registration certificate.

(A) The village shall issue a registration certificate to the owner of an animal

required to be registered under this section if the owner provides the village

with the information necessary to complete the registration certificate and pays

the village the full amount of the initial registration fees as determined by the

council.

(B) Each registration certificate that the village issues shall state the following:

(i) The name, address, and telephone number of the owner of the animal;

(ii) The name, address, and telephone number of an alternate person

responsible for the animal (if requested by the owner);

(iii) The period for which the registration is issued;

(iv) A description of the animal for which the registration is issued;

(v) The name of the animal for which the registration is issued;

(vi) The number of the metal tag issued for the animal;

(vii) A record of any violations of this chapter involving the animal or the

owner of the animal;

(viii) A photo of the animal must be submitted and will remain on file with the

ACO. Photos should be updated if there is a significant change in the

animal’s appearance.

(C) The village shall not issue a registration certificate for a dog until the owner of

the animal provides the village with written proof of the animal’s current

vaccination against rabies.

(D) The village shall retain a copy of each registration certificate it issues.

(4) Registration tag.

(A) The village shall issue a metal registration tag with a serial number plainly

inscribed thereon for each dog the village issues a registration certificate.

(B) The village shall deliver registration tags to the owners of registered dog when

the village issues the registration certificate for the animal.


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(C) The owner of a dog required to be registered under this section shall attach the

registration tag provided by the village for the dog to a collar securely fixed

about the neck of the registered dog.

(D) If the registration tag provided by the village under this subsection is lost or

destroyed, the owner of the registered dog shall apply to the village for a new

tag by presenting the dog’s registration certificate and paying the fee prescribed

by the council.

(5) Change of ownership of dog. Within (30) days of any change in ownership of a

registered dog under this section, the new owner shall transfer the dog’s registration

certificate to his or her name.

(6) Registration fee.

(A) When the owner of a dog registers that dog, the owner will be required to pay a

registration fee. The amount of such shall be as established in the fee schedule

in appendix A of this code.

(B) Registration can be for one-, two- or three-year terms dependent on the length

of rabies vaccination. The fee for each term can be found in the fee schedule in

appendix A of this code.

(i) One-year term: Issued when the registered animal has received a one-

year rabies vaccination or has less than one [year] remaining on a three-

year vaccination.

(ii) Two-year term: Issued when the registered animal has received a three

[year] rabies vaccination and has less than two years remaining on the

vaccination.

(iii) Three-year term: Issued when the registered animal has received a three-

year rabies vaccination and has greater than two years remaining on the

vaccination.

(7) Control of visitors’ dogs. Nonresident workers, service personnel or visitors

entering the village must obtain permission from the owner or person in control

of the property before permitting a dog to enter upon any such property. Such

workers, personnel, or visitors must ensure that their dogs have a current rabies

tag and must keep their dog physically restrained to the premises or under

direct physical control when working, performing a service or visiting.

(b) Rabies vaccination requirements.

(1) The owner of a dog within the village limits shall have that dog vaccinated against

rabies before the dog is 4 months of age and verified once every twelve (12) months

thereafter. It is understood and accepted that some rabies vaccinations are effective

longer one (1) year; if so, this should be shown on the rabies tag information from the

veterinarian.


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(2) The owner of a dog that is required to be vaccinated shall maintain and keep a

vaccination certificate issued by a veterinarian evidencing the status of the animal’s

rabies vaccination.

(Ordinance 2010-07-01, sec. III, adopted 7/7/10; Ordinance 2011-01-02, sec. III, adopted 1/3/11;

Ordinance 2015-01-01, sec. IV, adopted 1/14/15)

State law references–Registration of dogs and cats, V.T.C.A., Health and Safety Code, sec. 826.031 et

seq.; rabies vaccinations, V.T.C.A., Health and Safety Code, sec. 826.021 et seq.

ARTICLE 3.02 ADMINISTRATION


Sec. 3.02.001 Duties of animal control officer; impoundment regulations

(a) Designation of local rabies control authority. For purposes of this chapter, the animal

control officer (ACO) is designated as the local health authority for the village. The ACO may

delegate such authority to persons that he or she finds appropriate as needed to effectuate the

provisions of this chapter. (Authority, Texas Health & Safety Code 826.017)

(b) General duties of animal control officer. The ACO shall issue warnings or citations to

owners of animals that own or keep animals in violation of this chapter. The ACO may impound

animals that are owned or kept in violation of this chapter and take such dogs to the village

kennels, and, as soon as practicable, notify the dog’s owner to claim the animal before the dog is

delivered to the contract veterinarian. Any animal impounded under this chapter shall be supplied

with sufficient wholesome food and water during the confinement.

(c) Disposition of impounded animals. The owner or designee (permission in writing) must

take custody of impounded animal(s) on or before 72 hours from the impound date or the

animal(s) will become the property of the village. In the event the animal(s) are not picked up

and/or no arrangements have been made within the 72-hour impoundment period, the owner is

still liable for the charges and all expenses related to impounded animal(s) and the animal(s)

could be subject to adoption or euthanasia if required.

(d) Additional impoundment authority. The ACO is authorized and empowered to enter upon

any land within the village limits and to use reasonable means to take up and impound:

(1) Any dog which isn not being kept physically restrained from leaving the premises of

its owner or handler;

(2) Any dog suspected of being infected with rabies;

(3) Any dangerous dog kept in violation of this chapter;

(4) Any dog known to have caused the injury or death of another domestic animal.


3-13

(e) Duties regarding dogs that bite or scratch persons or domestic animals or exhibit rabid

characteristics.

(1) The ACO shall investigate all reports and notifications regarding any dog that has

bitten or scratched a person or another domestic animal and/or is suspected of being

rabid;

(2) The ACO shall use reasonable means to immediately impound any dog he or she

believes is rabid or has exposed a person or another animal to rabies; and

(3) The ACO shall deliver impounded dogs that he or she believes are rabid or have

exposed a person or another animal to rabies to the contract veterinarian to be

quarantined and evaluated for at least ten (10) days.

(f) Collection of impoundment fees. The ACO or designated representative shall collect

impoundment fees as specified by the village council, for all animals that are placed into

impoundment.

(g) Duties regarding persistently stray dogs. If a dog is found to be persistently at large with no

registration and no owner can be identified, the ACO may impound the dog and transport it to a

holding facility from which it can be reclaimed, adopted, or, as a last resort, euthanized.

(Ordinance 2010-07-01, sec. V(A), adopted 7/7/10; Ordinance 2011-01-02, sec. V(A), adopted

1/3/11; Ordinance 2015-01-01, sec. VI(A), adopted 1/14/15)

Sec. 3.02.002 Training of animal control officer

The animal control officer shall comply with all training requirements set out by state law,

including but not limited to those contained in chapter 829 of the Texas Health and Safety Code.

(Ordinance 2011-01-02, sec. V(J), adopted 1/3/11; Ordinance 2015-01-01, sec. VI(J), adopted

1/14/15)

Sec. 3.02.003 Reporting and quarantine of dogs suspected of having rabies

(a) Citizen’s reporting of dogs that have bitten or scratched persons or shown rabid

characteristics; duties of owner.

(1) Any person that is bitten or scratched or has knowledge of another person that is

bitten or scratched by a dog in the village limits and reasonably believes that such

bite or scratch could transmit rabies shall immediately report the incident to the

ACO.

(2) Any person that suspects a dog has rabies in the village limits shall immediately

report the animal to the ACO. The penalty for violating this section shall be as

established in section 3.01.004.

(3) The reports required under subsections (1) and (2) shall include the name and address

of any victim and of the dog’s owner, if known, and any other data which may aid in

locating the victim or the animal.


3-14

(4) The owner of an unvaccinated dog within the village limits that knows or suspects

that his or her dog is rabid or has exposed a person or another animal to rabies, or to

whom these conditions have been reported, shall, upon learning of such condition or

exposure:

(A) Immediately confine the animal;

(B) Promptly notify the ACO of the place of confinement and the reasons for the

confinement;

(C) Prevent the dog from coming into contact with any person or other animal; and

(D) Submit the dog for quarantine to the ACO.

(b) Procedures for veterinarian quarantine. At the request and expense of the animal’s owner,

and with the consent of a veterinarian, quarantines required by this chapter may be conducted at

facilities maintained by and under the supervision of a veterinarian other than the contract

veterinarian if the veterinarian submits written reports to the ACO as to the dog’s health on the

initial day of the quarantine and on the fifth (5th) and tenth (10th) days thereafter.

(1) If the veterinarian determines that a quarantined dog does not show the clinical signs

of rabies, the dog may be released to its owner following the quarantine period if:

(A) The owner has an unexpired rabies vaccination certificate for the dog; or

(B) The dog is vaccinated against rabies by a veterinarian at the owner’s expense.

(2) The veterinarian shall not release any dog under this section until the ACO receives a

certificate signed by the veterinarian certifying that in his or her professional opinion

the dog is free of transmissible rabies, and that it has been given any and all required

rabies vaccinations.

(3) In the event any veterinarian confines any animal under the provisions of this section,

and the owner of such dog fails or refuses to claim the dog or fails to have any

required vaccinations within three (3) days of the expiration of the quarantine period,

the veterinarian shall release such dog into the custody of the village to be delivered

to the contract veterinarian to be handled and disposed of in accordance with state

law.

(4) If the veterinarian determines that a quarantined dog shows the clinical signs of

rabies, he or she shall report such fact to the ACO, who shall authorize the humane

destruction of the dog.

(5) If a dog dies or is destroyed while in quarantine, the ACO shall authorize the removal

of the head or brain of the dog for submission to the department of state health

services for testing.


3-15

(c) Refusal or failure to present dog for rabies quarantine or testing. It is unlawful for any

person to fail or refuse to quarantine or present for rabies testing a dog that is required to be

placed into quarantine or for rabies testing as prescribed in this chapter.

(Ordinance 2010-07-01, sec. V(B), adopted 7/7/10; Ordinance 2011-01-02, sec. V(B), adopted

1/3/11; Ordinance 2015-01-01, sec. VI(B), adopted 1/14/15)

State law reference–Rabies reports and quarantine, V.T.C.A., Health and Safety Code, sec. 826.041 et seq.

Sec. 3.02.004 Handling of dogs exposed to rabies

(a) Not currently vaccinated animals which have been bitten or directly exposed by physical

contact with a rabid animal or its fresh tissues shall be:


(2) If sufficient justification for preserving the dog exists, the exposed animal shall be

immediately vaccinated against rabies, placed in strict isolation for ninety (90) days,

and given booster vaccinations during the third (3rd) and eighth (8th) weeks of

isolation. For young animals, additional vaccinations may be necessary to ensure that

the animal receives a least two (2) vaccinations at or after the age prescribed by the

United States Department of Agriculture for the vaccine administered.

(b) Currently vaccinated animals which have been bitten or otherwise significantly exposed to

a rabid animal shall be:


(2) If sufficient justification for preserving the dog exists, the exposed vaccinated animal

shall be given a booster rabies vaccination immediately and placed in strict isolation

for forty-five (45) days.

(3) In situations where none of the requirements of this section are applicable, the

recommendations contained in the latest edition of the publication titled “The

Compendium of Animal Rabies Control,” published by the National Association of

State Public Health Veterinarians, should be followed.

(Ordinance 2010-07-01, sec. V(C), adopted 7/7/10; Ordinance 2011-01-02, sec. V(C), adopted

1/3/11; Ordinance 2015-01-01, sec. VI(C), adopted 1/14/15)

State law reference–Quarantine of animals, V.T.C.A., Health and Safety Code, sec. 826.042; release or

disposition of quarantined animal, V.T.C.A., Health and Safety Code, sec. 826.043.

Sec. 3.02.005 Payment of fees, fines and costs by owner of impounded animal

(a) The owner of any dog which has been impounded for rabies examination, treatment, or

disposition pursuant to this chapter shall pay, in addition to the impoundment fees, all reasonable

charges incurred by or on behalf of the village in connection with such examination, treatment, or

disposition.


3-16

(b) The owner of any impounded dog not wearing, at the time of such impoundment, a

registration tag required by this chapter must provide satisfactory proof of the dog’s vaccination

at the time the dog is claimed by the owner to the village before the village may release the dog.

If the owner does not provide such vaccination proof to the village, the owner shall pay the

village a reasonable vaccination fee in addition to the impoundment fees and fines so that the

village may vaccinate the dog before releasing it to the owner. The owner shall also register the

dog with the village if the dog has not been previously registered.

(c) The village may not release any dog impounded under this chapter until the owner pays the

village all applicable costs, fees, and fines. In the event an owner fails to claim its dog or refuses

or fails to pay all applicable fees, the village may file a lawsuit against the owner to collect the

costs, fees, and fines.

(Ordinance 2010-07-01, sec. V(D), adopted 7/7/10; Ordinance 2011-01-02, sec. V(D), adopted

1/3/11; Ordinance 2015-01-01, sec. VI(D), adopted 1/14/15)

Sec. 3.02.006 Procedure for dogs causing injury or death to another animal

(a) A dog that is determined (using state law) by the ACO or peace officer to have caused

injury or death to another domestic animal within the village limits may be impounded by the

village ACO or the peace officer and delivered to the village contract veterinarian clinic and a

court hearing set within thirty (30) days of the date of the incident to determine the disposition of

the case.

(b) Any dog found by the court to have injured or killed any domestic animal may be ordered

to be destroyed by euthanization at the village contract veterinarian clinic.

(c) The owner of the dog is responsible for all impound, euthanization, and disposal fees.

(d) Any ACO or peace officer that witnesses a dog cause injury or death of another domestic

animal is authorized to enter onto any land and destroy the dog on-site.

(e) It is a defense if the animal injured or killed did enter an enclosure designed to keep the dog

causing the injury or death on its own property and the injury or death occurred in that enclosure.

(Ordinance 2010-07-01, sec. V(E), adopted 7/7/10; Ordinance 2011-01-02, sec. V(E), adopted

1/3/11; Ordinance 2015-01-01, sec. VI(E), adopted 1/14/15)

Secs. 3.02.007–3.02.030 Reserved

Division 2. Dangerous Dogs*

Sec. 3.02.031 Determination that dog is dangerous

(a) If a person reports an incident in which a dog:

(1) Makes an unprovoked attack on a person that causes bodily injury and occurs in a

place other than an enclosure in which the dog was being kept, and that was

reasonably certain to prevent the dog from leaving the enclosure on its own; or

* State law reference–Dangerous dogs, V.T.C.A., Health and Safety Code, sec. 822.041 et seq.


3-17

(2) Commits unprovoked acts in a place other than an enclosure in which the dog was

being kept and that was reasonably certain to prevent the dog from leaving the

enclosure on its own, and those acts cause a person to reasonably believe that the dog

will attack and cause bodily injury to that person;

then the animal control authority may investigate the incident.

(b) If, after receiving the sworn statements of any witnesses, the animal control authority

determines the dog is a dangerous dog, he/she shall notify the owner in writing of that fact.

(c) An owner, not later than the 15th day after the date the owner is notified that a dog owned

by the owner is a dangerous dog, may appeal the determination of the animal control authority to

the municipal court. An owner may appeal the decision of the municipal court in the same

manner as appeal for other cases from the municipal court.

(Ordinance 2010-07-01, sec. V(F), adopted 7/7/10; Ordinance 2011-01-02, sec. V(F), adopted

1/3/11; Ordinance 2015-01-01, sec. VI(F), adopted 1/14/15)

Sec. 3.02.032 Requirements for owner

(a) Not later than the thirtieth (30th) day after a person learns that he/she is the owner of a

dangerous dog, the person shall:

(1) Register the dog with the village as a dangerous dog and pay, in full, the registration

fee as determined by the council;

(2) Restrain the dangerous dog at all times on a leash not longer than six (6) feet, in the

immediate control of a person on the owner’s property, or in a secure enclosure on

the owner’s property; and

(3) Obtain liability insurance coverage or show financial responsibility in an amount of

at least $100,000.00 per dog to cover damages resulting from an attack by the

dangerous dog causing bodily injury to a person and provide proof of the required

liability insurance coverage or financial responsibility to the animal control authority

for the area in which the dog is kept.

(b) The owner of a dangerous dog that does not comply with subsection (a) shall deliver the

dog to the animal control authority not later than the thirtieth (30th) day after the owner learns

that the dog is a dangerous dog.

(c) If, on application of any person, a justice court, county court or municipal court finds, after

notice and hearing, the owner of a dangerous dog has failed to comply with subsection (a) or (b)

above, the court shall order the animal control authority to seize the dog and shall issue a warrant

authorizing the seizure. The authority shall seize the dog or order its seizure and shall provide for

the impoundment of the dog in secure and humane conditions.


3-18

(d) The owner shall pay any cost or fee assessed by the village or county related to the seizure,

acceptance, impoundment or destruction of the dog. Fees are as established by the village council

and as set out in the fee schedule in appendix A of this code.

(e) The court shall order the animal control authority to humanely destroy the dog if the owner

has not complied with subsection (a) before the 11th day after the date on which the dog is seized

or delivered to the authority. The court shall order the authority to return the dog to the owner if

the owner complies with subsection (a) before the 11th day after the date on which the dog is

seized or delivered to the authority.

(f) The court may order the humane destruction of the dog if the owner of the dog has not been

located before the fifteenth (15th) day after the seizure and impoundment of the dog.

(g) For the purpose of this section, a person learns that the person is the owner of dangerous

dog when:

(1) The owner knows of an attack described in section 3.02.031 (determination that a dog

is dangerous);

(2) The owner receives notice that a justice court, county court or municipal court has

found that the dog is a dangerous dog under section 3.02.031 (determination that a

dog is dangerous); or

(3) The owner is informed by the animal control authority that the dog is a dangerous

dog.

(Ordinance 2010-07-01, sec. V(G), adopted 7/7/10; Ordinance 2011-01-02, sec. V(G), adopted

1/3/11; Ordinance 2015-01-01, sec. VI(G), adopted 1/14/15)

Sec. 3.02.033 Registration; notification of new address

(a) The village shall issue animal [annual] registration of the dangerous dog if the owner

presents proof of:

(1) Liability insurance or financial responsibility;

(2) Current rabies vaccination of the dangerous dog; and

(3) A secure enclosure in which the dangerous dog will be kept.

(b) If an owner of a registered dangerous dog sells or moves the dog to a new address, the

owner, not later than the fourteenth (14th) day after the date of the sale or move, shall notify the

village animal control officer of the new address where the dangerous dog is located. If the dog

has been moved to a new jurisdiction, the owner of the dangerous dog and the village animal

control officer shall notify the animal control authority in the new jurisdiction of the location of

the dangerous dog. The penalty for violating this section shall be as established in section

3.01.004.

(Ordinance 2010-07-01, sec. V(H), adopted 7/7/10; Ordinance 2011-01-02, sec. V(H), adopted

1/3/11; Ordinance 2015-01-01, sec. VI(H), adopted 1/14/15)


3-19

Sec. 3.02.034 Procedures for dangerous dog at large or attack by dangerous dog

(a) Any declared dangerous dog found to be at large, and not in the vicinity of the dog owner,

shall, if possible, be impounded by the village animal control officer or a peace officer. If safety

factors do not allow for the safe impoundment of the dangerous dog, the dangerous dog may be

destroyed on-site by the village animal control officer or a peace officer.

(1) Upon impoundment of a dangerous dog by the village animal control officer, the dog

shall be delivered to the village contract veterinarian or village kennel clinic and a

court hearing set within ten (10) days of the date of the incident to determine the

disposition of the case.


impoundment and/or euthanization of the dog.

(3) Any dangerous dog found by the court to have been at large may be ordered to be

destroyed by euthanization at the village contract veterinarian clinic.

(b) Any declared dangerous dog found to have committed an unprovoked attack on a person

outside the dog’s enclosure and causing serious bodily injury or death shall be impounded by the

village animal control officer or a peace officer and a court hearing set within ten (10) days of the

date of the incident to determine the disposition of the case.

(1) If the owner of the dangerous dog is found guilty of an offense under this section, the

court shall order the dangerous dog destroyed by euthanization at the village contract

veterinarian clinic.


impoundment and/or euthanization of the dangerous dog.

(Ordinance 2010-07-01, sec. V(I), adopted 7/7/10; Ordinance 2011-01-02, sec. V(I), adopted

1/3/11; Ordinance 2015-01-01, sec. VI(I), adopted 1/14/15)

ARTICLE 3.03 OFFENSES

Sec. 3.03.001 Unregistered dogs

It shall be unlawful for any person to own, harbor, or keep a dog over four (4) months of age for

which the village has not issued a current and unrevoked registration certificate. The penalty for

violating this section shall be as established in section 3.01.004. (Ordinance 2010-07-01, sec.

IV(A), adopted 7/7/10; Ordinance 2011-01-02, sec. IV(A), adopted 1/3/11; Ordinance 2015-01-

01, sec. V(A), adopted 1/14/15)

Sec. 3.03.002 Unvaccinated dogs

It shall be unlawful for any person to own, harbor or keep a dog over four (4) months of age that

has not been vaccinated against rabies within the preceding twelve (12) months by a veterinarian.

The penalty for violating this section shall be as established in section 3.01.004. (Ordinance

2010-07-01, sec. IV(B), adopted 7/7/10; Ordinance 2011-01-02, sec. IV(B), adopted 1/3/11;

Ordinance 2015-01-01, sec. V(B), adopted 1/14/15)


3-20

Sec. 3.03.003 Dogs not wearing collar

It shall be unlawful for the owner of any dog regulated by this chapter to permit such dog to be

off of the owner’s premises without a collar securely fastened to the dog. The penalty for

violating this section shall be as established in section 3.01.004. (Ordinance 2010-07-01, sec.

IV(C), adopted 7/7/10; Ordinance 2011-01-02, sec. IV(C), adopted 1/3/11; Ordinance 2015-01-

01, sec. V(C), adopted 1/14/15)

Sec. 3.03.004 Dogs at large

It is unlawful for any person to allow a dog to run at large within the village limits. An exception

is made for the Point Venture Property [Owners] Association park property, where dogs can be

unleashed if under the supervision of their owner or caretaker. The dog must be kept at least 100

feet away from other people or domestic animals. If the distance from the dog to other people or

domestic animals becomes less than 100 feet then the leash law requirements apply again and the

dog is considered to be “at large” if left unleashed within 100 feet. The penalty for violating this

section shall be as established in section 3.01.004. (Ordinance 2010-07-01, sec. IV(D), adopted

7/7/10; Ordinance 2011-01-02, sec. IV(D), adopted 1/3/11; Ordinance 2015-01-01, sec. V(D),

adopted 1/14/15)

State law reference–Restraint, impoundment and disposition of dogs and cats, V.T.C.A., Health and

Safety Code, sec. 826.033.

Sec. 3.03.005 Dogs that attack or threaten to attack

It is unlawful for any owner of a dog within the village limits to allow the same to attack or bite a

person or domestic animal (that lawfully has the right to be where he, she, or it is) without

provocation and off of the owner’s premises. It is unlawful for the owner to allow the dog to

commit acts that cause a person to reasonably believe that the dog will attack and cause bodily

harm to the person or domestic animal (that lawfully has the right to be where he, she or it is).

The penalty for violating this section shall be as established in section 3.01.004. (Ordinance

2010-07-01, sec. IV(E), adopted 7/7/10; Ordinance 2011-01-02, sec. IV(E), adopted 1/3/11;

Ordinance 2015-01-01, sec. V(E), adopted 1/14/15)

Sec. 3.03.006 Physical control of dangerous dogs

It shall be unlawful for the owner of any dangerous dogs to fail to directly physically control the

dangerous dog at all times. For purposes of this section, “directly physically control” means to

either control by leash, cord, chain, or other similar means of physical restraint of a maximum

length of six (6) feet (when the animal is on the owner’s premises), or to confine said animal

within an enclosure adequately constructed and maintained to ensure continuous physical

restraint, or in such other manner as to ensure that the animal does not leave the owner’s

premises. (Ordinance 2010-07-01, sec. IV(F), adopted 7/7/10; Ordinance 2011-01-02, sec. IV(F),

adopted 1/3/11; Ordinance 2015-01-01, sec. V(F), adopted 1/14/15)

State law reference–Requirements for owner of dangerous dog, V.T.C.A., Health and Safety Code, sec.

822.042.

Commented [ZE4]: Recommend deleting this provision in

accordance with my recommedations above.

Commented [ZE5]: Same as above

Commented [ZE6]: Same


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Sec. 3.03.007 Tethering of dogs

(a) Except as provided in subsection (b), a person may not restrain a dog with a chain or tether

unless the person is holding the chain or tether. Tethering in the front yard is always discouraged,

especially if the dog is left unattended and a nuisance to people’s right to walk down the street.

(b) The prohibition of subsection (a) does not apply to temporary restraint:

(1) During a lawful animal event, veterinary treatment, grooming, training, or law

enforcement activity; or

(2) That is required to protect the safety or welfare of a person or the dog, if the dog’s

owner or handler remains with the dog throughout the period of restraint.

(c) A person restraining a dog with a chain or tether shall attach the chain or tether to a

properly fitting collar or harness worn by the dog. A person may not wrap a chain or tether

directly around a dog’s neck. A person may not restrain a dog with a chain or tether that weighs

more than 1/18 of the dog’s body weight. A chain or tether used to restrain a dog must, by design

and placement, be unlikely to become entangled.

(d) A person may not restrain a dog in a manner that does not allow the dog to have access to

necessary shelter and water.

(e) A person may not restrain a dog in a manner that allows the dog to move outside the

person’s property.

(Ordinance 2010-07-01, sec. IV(G), adopted 7/7/10; Ordinance 2011-01-02, sec. IV(G), adopted

1/3/11; Ordinance 2015-01-01, sec. V(G), adopted 1/14/15)

State law reference–Unlawful restraint of dog, V.T.C.A., Health and Safety Code, sec. 821.076 et seq.

Sec. 3.03.008 Removal of waste

It is unlawful for any owner of a dog within the village limits to permit or allow that animal to

defecate upon any public place or upon any improved property not owned or controlled by the

dog’s owner, unless such waste is promptly removed by the owner; however, nothing herein

contained authorizes such person to enter upon the private property of another without

permission. (Ordinance 2010-07-01, sec. IV(H), adopted 7/7/10; Ordinance 2011-01-02, sec.

IV(H), adopted 1/3/11; Ordinance 2015-01-01, sec. V(H), adopted 1/14/15)

Sec. 3.03.009 Dog nuisances

It shall be unlawful for any person to own, keep, or harbor a dog in such a way that creates a dog

nuisance as defined in this chapter. (Ordinance 2010-07-01, sec. IV(I), adopted 7/7/10; Ordinance

2011-01-02, sec. IV(I), adopted 1/3/11; Ordinance 2015-01-01, sec. V(I), adopted 1/14/15)


3-22

Sec. 3.03.010 Interference with duties of animal control officer

It is unlawful for any person to knowingly and intentionally interfere with the village animal

control officer while in the lawful discharge of his/her duties as prescribed in this chapter.

(Ordinance 2010-07-01, sec. IV(J), adopted 7/7/10; Ordinance 2011-01-02, sec. IV(J), adopted

1/3/11; Ordinance 2015-01-01, sec. V(J), adopted 1/14/15)

Sec. 3.03.011 Cruelty to animals

It shall be unlawful for any person to knowingly or intentionally overdrive, overload, overwork,

torture, torment, deprive of necessary sustenance, unnecessarily or cruelly beat, needlessly

mutilate, needlessly kill, carry or confine in or upon any vehicle in cruel or reckless manner, or

otherwise mistreat or neglect any animal or cause or procure it to be done, or, having the charge

or custody of any animal, fail to provide it with proper food, drink, or protection from the weather

or abandon it. The penalty for violating this section shall be as established in section 3.01.004.

(Ordinance 2010-07-01, sec. IV(K), adopted 7/7/10; Ordinance 2011-01-02, sec. IV(K), adopted

1/3/11; Ordinance 2015-01-01, sec. V(K), adopted 1/14/15)

State law references–Cruelty to livestock animals, V.T.C.A., Penal Code, sec. 42.09; cruelty to

nonlivestock animals, V.T.C.A., Penal Code, sec. 42.092.

Sec. 3.03.012 Confinement of animal in motor vehicle or trailer

(a) It shall be unlawful for any person having charge or custody of an animal, as owner or

otherwise, to place or confine such animal or allow such animal to be placed or confined or to

remain in a motor vehicle or trailer under such conditions for such period of time as may

endanger the health or well-being of such animal due to heat, lack of food or water or such other

circumstances as may reasonably be expected to cause suffering, disability or death. The penalty

for violating this section shall be as established in section 3.01.004.

(b) Any police officer or animal control officer finding an animal in a motor vehicle or trailer

in violation of this section is authorized to obtain a locksmith or break and enter the vehicle or

trailer, at the owner’s expense if necessary, to remove the animal. Neither the individual police

officer, the animal control officer nor the village shall be liable for any resulting damage to the

vehicle or trailer.

(c) Removed animals will be impounded at the animal control shelter for safekeeping. Owners

may reclaim their animals upon payment of all reasonable charges or fees that accrue for removal

and maintenance of the animal plus impoundment fees.

(d) At the time the animal is removed from the vehicle or trailer, the officer shall leave a

written notice bearing his/her name and office and the address where the animal may be claimed.

The animal will be retained for three (3) days, and if not claimed will be disposed of by adoption

or, if that is not feasible, euthanasia by a licensed veterinarian.

(Ordinance 2010-07-01, sec. IV(L), adopted 7/7/10; Ordinance 2011-01-02, sec. IV(L), adopted

1/3/11; Ordinance 2015-01-01, sec. V(L), adopted 1/14/15)


3-23

Sec. 3.03.013 Poisoning of animals

It shall be unlawful for any person to poison any dog, cat or other domestic pets or to distribute

poison in any manner whatever with the intent or for the purpose of poisoning any dog, cat or

other domestic pets. The penalty for violating this section shall be as established in section

3.01.004. (Ordinance 2010-07-01, sec. IV(M), adopted 7/7/10; Ordinance 2011-01-02, sec.

IV(M), adopted 1/3/11; Ordinance 2015-01-01, sec. V(M), adopted 1/14/15)

Sec. 3.03.014 Unreasonable noise

It shall be unlawful for any person to keep or harbor a dog that disturbs the comfort, physical

senses, health or well-being of another person, or that interferes with another person’s enjoyment

or rightful use of his property. Unreasonable barking, howling, or screeching noises are defined

as a nuisance whether the animal is on the owner’s premises or not. Barking shall not be

deemed a nuisance if a person is trespassing or threatening to trespass upon private property in

which the dog is kept. (Ordinance 2010-07-01, sec. IV(N), adopted 7/7/10; Ordinance 2011-01-

02, sec. IV(N), adopted 1/3/11; Ordinance 2015-01-01, sec. V(N), adopted 1/14/15)

4-1

CHAPTER 4

BUILDING REGULATIONS

ARTICLE 4.01 GENERAL PROVISIONS ................................................................................

ARTICLE 4.02 BUILDING OFFICIAL AND ASSISTANT BUILDING OFFICIAL .......

4-7

4-7

Sec. 4.02.001 Purpose ...................................................................................... 4-7

Sec. 4.02.002 Powers and duties .............................................................................. 4-7

Sec. 4.02.003 Qualifications ..................................................................................... 4-8 Sec. 4.02.004 Appointment ............................................................................. 4-8

Sec. 4.02.005 Term .......................................................................................... 4-8

Sec. 4.02.006 Removal .................................................................................... 4-8

Sec. 4.02.007 Appeal of decisions ........................................................................... 4-9 ARTICLE 4.03 CONSTRUCTION CODES AND STANDARDS ........................................ 4-9

Sec. 4.03.001 Statement of purpose; enforcement; penalty ................................... 4-9

Sec. 4.03.002 Codes adopted ................................................................................... 4-9 Sec. 4.03.003 General provisions applicable to all construction and

improvement activity ....................................................................... 4-10

Sec. 4.03.004 Application requirements .................................................................. 4-12 Sec. 4.03.005 Approval process ............................................................................... 4-13

Sec. 4.03.006 Construction ....................................................................................... 4-14

Sec. 4.03.007 House elevation and location, survey, building codes .................... 4-16

Sec. 4.03.008 Plans and specifications .................................................................... 4-17 Sec. 4.03.009 Utilities; inspections; and occupancy ............................................... 4-18

Sec. 4.03.010 Inspection fees ................................................................................... 4-21

Sec. 4.03.011 General contractor cash bond ........................................................... 4-21 Sec. 4.03.012 Swimming pools, spas, and hot tubs ................................................ 4-22

ARTICLE 4.04 SUBSTANDARD BUILDINGS ...................................................................... 4-22

Sec. 4.04.001 Title ........................................................................................... 4-22 Sec. 4.04.002 Purpose ...................................................................................... 4-23

Sec. 4.04.003 Definitions ................................................................................. 4-23

Sec. 4.04.004 Declaration of nuisance ..................................................................... 4-24

Sec. 4.04.005 Inspections ................................................................................ 4-24 Sec. 4.04.006 Notice of violation ............................................................................. 4-24

Sec. 4.04.007 Standards ................................................................................... 4-25

Sec. 4.04.008 Hearing ...................................................................................... 4-25 Sec. 4.04.009 Issuance of order ................................................................................ 4-26

Sec. 4.04.010 Additional notice requirements ........................................................ 4-26

Sec. 4.04.011 Appeals...................................................................................... 4-27

Sec. 4.04.012 Failure to comply with order; performance of work by village ..... 4-27 Sec. 4.04.013 Lien for expenses incurred by village .............................................. 4-28

Sec. 4.04.014 Enforcement; penalties ...................................................................... 4-29

Sec. 4.04.015 Liability ..................................................................................... 4-29


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ARTICLE 4.05 FLOOD DAMAGE PREVENTION ....................................................................... 4-30 Division 1. Generally ........................................................................................................................... 4-30

Sec. 4.05.001 Findings of fact .................................................................................................... 4-30

Sec. 4.05.002 Statutory authorization .................................................................................. 4-30

Sec. 4.05.003 Statement of purpose .......................................................................................... 4-30

Sec. 4.05.004 Methods of reducing flood losses................................................................. 4-31

Sec. 4.05.005 Definitions ..................................................................................................... 4-31 Sec. 4.05.006 Lands to which this article applies ............................................................... 4-36

Sec. 4.05.007 Basis for establishing areas of special flood hazard ............................... 4-36

Sec. 4.05.008 Establishment of development permit ........................................................ 4-36

Sec. 4.05.009 Compliance .................................................................................................... 4-36

Sec. 4.05.010 Abrogation and greater restrictions ............................................................. 4-36

Sec. 4.05.011 Interpretation ................................................................................................. 4-37

Sec. 4.05.012 Warning and disclaimer of liability ............................................................. 4-37

Sec. 4.05.013 Enforcement; penalties .................................................................................. 4-37

Division 2. Administration .................................................................................................................. 4-38 Sec. 4.05.041 Designation of floodplain administrator ..................................................... 4-38

Sec. 4.05.042 Duties and responsibilities of floodplain administrator.......................... 4-38

Sec. 4.05.043 Permit procedures ............................................................................................... 4-39

Sec. 4.05.044 Variance procedures ........................................................................................... 4-40

Division 3. Flood Hazard Reduction Standards .............................................................................. 4-41

Sec. 4.05.071 General standards ................................................................................................ 4-41 Sec. 4.05.072 Specific standards ............................................................................................... 4-42

Sec. 4.05.073 Standards for subdivision proposals ............................................................ 4-44

Sec. 4.05.074 Standards for areas of shallow flooding (AO/AH zones) ........................ 4-45 ARTICLE 4.06 OUTBUILDINGS ............................................................................................................ 4-45

Sec. 4.06.001 Definition .................................................................................................. 4-45 Sec. 4.06.002 Enforcement; penalties .................................................................................. 4-46

Sec. 4.06.003 Outbuildings prohibited for new residences .............................................. 4-46

Sec. 4.06.004 Permit ............................................................................................................. 4-46 Sec. 4.06.005 Design and construction standards; usage and occupancy ....................... 4-47

Sec. 4.06.006 Appeals .......................................................................................................... 4-48

ARTICLE 4.07 BUILDING HEIGHT AND ANTENNA FACILITIES ....................................... 4-48

Sec. 4.07.001 Title ....................................................................................................................... 4-48 Sec. 4.07.002 Purpose ........................................................................................................... 4-48

Sec. 4.07.003 Applicability ............................................................................................. 4-49 Sec. 4.07.004 Definitions ..................................................................................................... 4-49

Sec. 4.07.005 Provisions cumulative ................................................................................... 4-52 Sec. 4.07.006 Enforcement; penalties .................................................................................. 4-52

Sec. 4.07.007 Conditional use permit for antenna facilities ............................................. 4-52 Sec. 4.07.008 Standards for antenna facilities ................................................................... 4-54 Sec. 4.07.009 Co-location requirements for antenna facilities; stealth facilities .......... 4-57

Sec. 4.07.010 Receive-only antenna facilities.................................................................... 4-58 Sec. 4.07.011 Variances ....................................................................................................... 4-58

[Next page is 4-7.]


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(Reserved)

ARTICLE 4.02 BUILDING OFFICIAL AND ASSISTANT BUILDING OFFICIAL


The purpose of this article is to abolish the building commission and to transfer the powers

granted to that body to the building official. The purpose of this article is also to further provide

for orderly and safe development within the village’s corporate boundaries (i.e., village limits).

This article is adopted so that the building official may advise and assist the village council so to

promote the public health, safety morals and general welfare, and protect the public interest and

preserve the safety of village residents and guests. (Ordinance 2008-08-04, sec. 2, adopted 8/4/08;

Ordinance 2015-03-01, sec. 2, adopted 3/4/15)

Sec. 4.02.002 Powers and duties

(a) Building commission abolished; powers transferred to building official. The building

commission for the village is hereby abolished and its powers transferred to the building official.

(b) Assistant building official. The mayor shall designate a village employee to serve as

assistant building official. The assistant building official shall have all the powers and duties of

the building official and may take any action available to the building official if for any reason

the building official is absent or unable or unwilling to serve.

(c) Advisory duties; administration and enforcement of construction codes. The building

official shall recommend building codes, electrical codes, plumbing codes, mechanical codes,

energy conservation codes, and other development standards and regulations for consideration by

the village council. The building official shall also recommend amendments as needed. As

directed by the village council, the building official shall also assist with the administration and

enforcement of the construction codes adopted by the village council.

(d) Permitting functions. The building official will review applications for building permits and

other permits designated by the village council. The building official will confer with applicants

regarding the village’s permitting procedures and regulations. The building official will approve

or deny all applications for building permits.

(e) Variances.

(1) The building official may grant variances for those regulations over which the

building official has express authority. Variances may only be granted following a

public meeting and in instances where the building official makes written findings

regarding the following:



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(C) The spirit of the ordinance is observed and substantial justice is done.


of granting a variance.

(Ordinance 2008-08-04, sec. 3, adopted 8/4/08; Ordinance 2015-03-01, sec. 3, adopted 3/4/15)

Sec. 4.02.003 Qualifications

(a) Building official. The building official shall be an independent advisor to the village

council, and shall be appointed by the majority vote of the village council. To the extent

reasonably possible, the building official is required to have experience or education in the area of

construction or land development.

(b) Assistant building official. The assistant building official shall be a member of the village

staff. The assistant building official must be in a position to advise the building official and

provide necessary institutional support for the position.


Sec. 4.02.004 Appointment

The building official shall be appointed by majority vote of the council. If a vacancy occurs, the

village council may appoint a person to fill the unexpired term. The assistant shall be designated

by the mayor. (Ordinance 2008-08-04, sec. 5, adopted 8/4/08; Ordinance 2015-03-01, sec. 5,

adopted 3/4/15)

Sec. 4.02.005 Term

(a) Building official. The building official’s term shall be two (2) years commencing and

ending on a date specified by the council. In the event the council fails to reappoint the building

official to a new term and he or she holds over and continues to serve in the same position, his or

her acts shall be presumed valid as the acts of an officer de facto. If he or she continues to hold

over for ninety (90) days without action of the council to reappoint or replace him or her, he or

she shall be considered to be an officer de jure for the remainder of the applicable term as though

reappointed by the council.

(b) Assistant building official. The assistant building official will serve at the pleasure of the

mayor and the building official, or as long as he or she continues to be a part of the village staff.


Sec. 4.02.006 Removal

The village council may by majority vote remove either the building official or the assistant

building official, with or without cause, including but not limited to lack of confidence,

incompetence, corruption, misconduct, or malfeasance. (Ordinance 2008-08-04, sec. 7, adopted

8/4/08; Ordinance 2015-03-01, sec. 7, adopted 3/4/15)


4-9

Sec. 4.02.007 Appeal of decisions

Decisions of the building official or the assistant may be appealed in writing to the village

council. All such appeals must be submitted in writing to the village secretary no later than ten

(10) business days following the contested action. (Ordinance 2008-08-04, sec. 8, adopted 8/4/08;

Ordinance 2015-03-01, sec. 8, adopted 3/4/15)

ARTICLE 4.03 CONSTRUCTION CODES AND STANDARDS

Sec. 4.03.001 Statement of purpose; enforcement; penalty

(a) All village ordinances relating to construction and building structures are administered and

enforced by the village building official/assistant building official. In order to facilitate an orderly

and efficient process for the review of permit applications and inspections of permitted

construction, the building official/assistant building official has promulgated these building

guidelines, which summarize the village’s ordinances related to construction and building

structures.

(b) Violation of article; penalty.

(1) Upon failure of the owner or builder to comply with any of the provisions stated

within any of the village ordinances, the building official/assistant building official

has the authority to stop construction until the violation has been rectified. Notice of

noncompliance will be conveyed to the owner by certified mail and a stop work order

will be posted at the construction site. Failure to comply with the village’s ordinances

and/or failure to cease all construction upon posting of a stop work order is a

violation of the village’s ordinances and may subject the violator to criminal

prosecution and/or civil liability.

(2) Any person violating any provision of this article shall, upon conviction, be fined a

sum in accordance with the general penalty provided in section 1.01.009 of this code,

plus court costs and administration fees, as applicable. Each day that a provision of

this article is violated shall constitute a separate offense. An offense under this article

is a class C misdemeanor.

(Ordinance 2017-12-02, sec. 1.01, adopted 12/13/17; Ordinance adopting Code)

Sec. 4.03.002 Codes adopted

(a) All construction and improvements made within the village shall strictly adhere to the

following International Codes, as adopted by the International Code Council and/or the state, and

the National Electric Code, except as otherwise provided immediately below:

(1) International Building Code (2012 ed.);

(2) International Residential Code (2012 ed.);


4-10

(3) National Electrical Code (2011 ed.);

(4) International Plumbing Code (2012 ed.);

(5) International Mechanical Code (2012 ed.);

(6) International Energy Conservation Code (2012 ed.), except that subsection

R402.4.1.2, “Testing” shall not apply;

(7) International Fuel Gas Code (2012 ed.); and

(8) International Fire Code (2012 ed.)

(b) In the event of conflict between the provisions of this section and other ordinances of the

village, the more stringent provision shall apply.

(c) Only the provisions of this article that are not expressly prohibited by state or other law are

intended to be adopted. In the event that the state, by statute, has adopted an edition of the

forgoing codes that is older than the most recent edition, the edition adopted by the state shall be

enforced.


Sec. 4.03.003 General provisions applicable to all construction and improvement

activity

(a) Each proposed building, dwelling or other structure within the village must have a building

permit issued by the village before any construction work is done on site. In order to obtain a

building permit, the property owner must submit the items required under section 4.03.004 below

to the building official/assistant building official.

(b) The maximum height for any new building or other structure, or the modification of any

building or other structure that increases the existing height of such building or other structure,

does not exceed twenty-eight feet (28') when measured from the highest parapet or roof ridge to

the highest point on the lot.

(c) A building permit and a builder’s bond are required, ref section 4.03.011 below. It is valid

for one year, then must be extended or reapplied for.

(d) All construction sites must be adequately surrounded by silt fencing to control runoff from

the construction site. Silt fencing installations shall strictly adhere to the standards provided by

the Lower Colorado River Authority (LCRA) publication “Erosion and Sediment Control: A

Guide for Individual Building Sites” (2010).

(e) The installation and/or use of water wells and/or septic systems is prohibited. Applicants

shall comply with the water and sewer connection regulations provided by Travis County Water

Control Improvements District (WCID).


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(f) No structure, nor appurtenance thereof, may be built, or relocated below 723' MSL without

the permittee having first received a floodplain development permit, as required under Ordinance

2009-11-01 [codified as article 4.05], or a variance as provided therein.

(g) Construction, construction materials, and all related activity, materials, and items of any

nature, are strictly prohibited in the public right-of-way. The public right-of-way includes, but is

not limited to streets, utility, drainage, and/or other easements.

(h) Applicants proposing to construct or improve a townhouse shall submit plans and

specifications for said construction or improvements to the Board of Directors of Point Venture

Townhouse, Inc. (PVTHI). Upon approval by that board, the manager of the PVTHI will forward

the application to the village office for submittal to the PVPOA-ACC for approval. Approval of

both the Board of Directors of the PVTHI and the PVPOA-ACC is required for construction of/or

improvements to all townhouses.

(i) Underground springs may be present in the type of subsurface formations which underlie

the village. State law requires an engineering study of the site prior to construction in order to

assure protection of the foundation from the deteriorating effects of this natural erosion element.

(j) Prior approval by the village building official/assistant building official is required for the

design and construction of swimming and boat docks. The owner of a townhouse shall apply first

to the Board of Directors of PVTHI for approval. No boat dock will be approved for installation

at/on an unimproved property (i.e., no vacant lots). Storage areas, restrooms, and air conditioning

installed are prohibited on boat docks. Use of a boat dock for sleeping or camping is prohibited.

A floodplain development application must be submitted with the plans, and approved by the

floodplain administrator. The permit is valid for one year, then must be extended or reapplied for.

(k) Abandonment of a project shall be deemed to occur if either:

(1) There is no construction activity within a consecutive 90-day period; or

(2) The project has not been completed within 365 days, and no application for an

extension of time has been submitted to the village building official/assistant building

official.

(l) No decks or patios may be constructed without a permit. Applicants shall submit to the

village plans as to material to be used, color, location on property, type, and highest elevation in

regard to the house being built. No deck or patio will be approved with the deck flooring higher

than the highest finished floor in the house. All decks must be approved by the PVPOA-ACC and

by the village building official/assistant building official. “Proposed” or “future” decks described

on original building plans will not be approved; and applications for such must be submitted at

the time the owner intends to commence construction on such decks, in the manner provided in

this article.



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Sec. 4.03.004 Application requirements

(a) Quick permitting. Quick permits are issued on all qualifying minor projects that do not

require items from subsection (b). The following improvements require the submittal of an

application, all required fees, and acquisition of appropriate permitting, prior to commencement

of work:

(1) Water heater replacement.

(2) Roof replacement.

(3) Deck addit ions.

(4) B oa t d oc k s .

(5) Swimming pools, hot tubs, and fountains deeper than 24".

(6) D r i v e w a y s .

(b) Regular, full permitting. For new construction and major remodeling projects, applicants

shall submit three full sets of certified working drawings and specifications, with each page

signed and dated by a licensed architect, designer or engineer, plus:

(1) All required site elevations. (See section 4.03.007(b), below);

(2) Details of all exterior materials, including samples of paint color, roofing and exterior

finish;

(3) All protrusions beyond the building envelope, including patios, decks, swimming

pools, antennae;

(4) Inspection fees, general contractors cash bond, and building permit fees for lots upon

which construction will occur; (please see fee schedule);

(5) A registered survey by a licensed surveyor, dated within twelve (12) months of

submission, showing required elevations (Refer to survey, section 4.03.007(a)

below), including a plot plan, (footprint);

(6) A foundation plan, certified by a registered professional engineer, and a culvert

design;

(7) Floor p l a ns ;

(8) Electr ical plan;

(9) Roof and ceiling framing plans;

(10) Typical cross section;


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(11) Culvert/drainage plan;

(12) ResCheck energy calculations in accordance with IECC;

(13) A profile of any excavation or cut-in work, including dimensions and specifications

of the required retaining wall(s), including material to be used, with adequate

drainage plan and proper safety/barrier fence(s) on top. Any retaining wall 4 ft. and

higher must have an engineer design/and completion letter;

(14) A copy of occupational licenses/certifications, issued by the state, for all electricians,

plumbers and HVAC mechanical contractors;

(15) Verification of electrical hook-ups from PEC and water/sewer hook-ups from WCID-

Point Venture, or verification that generators and water tanks will be on site;

(16) Written approval from the PVPOA-ACC, indicating the proposed project complies

with all applicable PVPOA-ACC rules and requirements;

(17) If any portion of the property is located in the floodplain, a floodplain development

permit application must be submitted for approval before work is begun. It is valid

for one year. An elevation certificate is required before, during and at the final

inspection, when construction is complete.

(c) Major remodeling projects. Any remodeling, repairs, or additions that do not qualify for the

quick permit are considered major remodeling. Major remodeling projects may or may not

involve changes to the electrical, plumbing, mechanical or structural elements. Inspection fees

may be required depending on type of work to be performed. Submitted documentation and

inspection schedules may be modified by the building official/assistant building official or

approved representative.

(d) Resubmittal fee. If there are any changes to an originally approved new construction or

major remodeling plan involving electrical, plumbing or structural changes, there will be a

resubmittal fee, depending upon the scope of the change (to be determined by the building

official/assistant building official), and possible corresponding additional inspection fees.


Sec. 4.03.005 Approval process

(a) Submittal of plans and specifications to building official/assistant building official. All

required documents and information identified in section 4.03.004(b), above, shall be submitted

to the village no later than thirty (30) days prior to the date construction commences.

(b) Plans; approval and rejection.

(1) Approval of applications shall be based on the village’s findings of strict compliance

with all applicable ordinances, building codes, and prior approval by the PVPOA-

ACC, as described in section 4.03.004(b)(16), above. Reason(s) for rejection of a

submittal will be given in writing.


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(2) Rejection. In the event the building official/assistant building official rejects an

application, all three copies of disapproved plans will be returned to the applicant.

(3) Approval. Upon approval of an application, one copy of the associated plans will be

kept in the permanent files of the village; and one copy will be retained by the

village’s designated building inspector for inspection purposes. Applicants will be

notified of the approval, and building permits will be available to be signed and

picked up in the village office.

(4) Upon approval of a building permit, such building permit shall expire if

commencement of approved construction has not begun within ninety (90) days of

issuance of such permit or if approved construction has not been completed within

one (1) year. Additionally, an approved building permit shall expire if, following

commencement of construction and prior to completion of construction, construction

ceases for a period of ninety (90) consecutive days. No construction on a project for

which a building permit has expired may be conducted or continued unless a new

permit is applied for and issued by the village for that project.

(5) If, for whatever reason, an application is rejected and an applicant fails to make

necessary corrections for re-review and approval, or if a permit is issued and

subsequently expires, applicants shall forfeit any permit fees paid. At that time, the

village will retain any inspection fees incurred, plus an administrative fee, and a plan

review fee, and refund the remainder to the applicant. The village will retain

materials submitted in connection with an application for thirty (30) days following a

rejection. Thereafter, the village may retain or destroy said materials.


Sec. 4.03.006 Construction

(a) Site clearing. No digging or site clearing is allowed other than core samples for the

foundation engineering. If any portion of the subject property lies within the floodplain, a

floodplain permit application must be submitted for any alterations to the property. Burning brush

or trash is strictly prohibited, and is a violation of Ordinance 2012-08-01 [codified as article

7.04]. Burning any material of any nature constitutes grounds for prosecution and revocation of

all permits held by the violator and/or his/her supervisors or assignees.

(b) Commencement and completion of construction.

(1) Completion. Construction may begin immediately upon issuance of applicable

permits. Each project must be completed within twelve (12) months from the start of

the project.

(2) Sanitary facilities. Portable toilet facilities and construction trash containers must be

in place on the site at the time construction work is commenced, and must be

removed when construction is completed. Such facilities shall not be placed in the

right-of-way. Permittees shall make a good faith effort to screen sanitary facilities

from public view, to the extent practicable, provided that the building

official/assistant may direct permittees to relocate such facilities to a location the

building official/assistant finds appropriate on the project site.


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(3) Safety fence. A “safety fence” must be erected around the perimeter of the lot during

construction, with one opening sufficient in size for safe ingress and egress of

personnel and vehicles. “Safety fence” means a lightweight, strong, mesh, highly

visible barrier, typically orange in color, typically of polyethylene or plastic material,

commonly used for construction sites, delineation, and crowd control or as a visual

barrier, capable of containing litter within its interior.

(4) Noise control. Construction starting and ending times are as follows: Monday

through Friday starting at 7:00 a.m. and ending no later than 7:00 p.m. On Saturday,

Sunday and holidays, work shall not start until 9:00 a.m. and must end no later than

7:00 p.m.

(c) Premises during construction.

(1) During the period of construction, the premises of the building site shall be kept free

of trash and debris in as orderly and neat a condition as possible, using trash

receptacles provided by owner or owner’s contractor. Site condition is subject to

periodic inspection by the building official/assistant building official. It is the

responsibility of the owner/builder to see that roads and streets adjoining the building

site are maintained free of debris (e.g. wood scraps, gravel, trash, rock and mud)

originating from the property on which he is building.

(2) No equipment or materials may be placed, stored or housed on lots adjoining the

building site, nor may roads be made through other lots to obtain ingress or egress to

or from the building site, nor may vehicles be parked on adjoining lots without

specific written permission from the owners of those lots. Storing, placing, or in any

way intruding on neighboring properties without prior written approval from the

neighboring property owner(s) and the village building official shall constitute an

offense under this article.

(3) During construction, where topography requires it, a stabilized driveway, including a

culvert approved as to size, and a suitable road base, is required for vehicular access

to the property.

(d) Certificate of occupancy. No building shall be occupied until a certificate of occupancy is

issued by the village and the permittee has remedied (i.e., paid) any and all outstanding penalties,

fines, and/or outstanding administrative matters. Upon completion of construction of a building,

and upon receipt of documentation (approved final inspection report from the inspection

company) showing that the building was constructed in compliance with all applicable codes and

ordinances, the village building official/assistant building official may issue a certificate of

occupancy. The certificate of occupancy will be issued after the project has passed the village’s

site inspection, conducted by the building official/assistant building official, to ensure that:

(1) Constructed as approved on the applicant’s permit;

(2) The exterior is completed which means that the yard has to be stabilized either with

rock, grass, or a silt fence and must be approved through the PVPOA-ACC prior to

receiving a certificate of occupancy;


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(3) There was no damage done to the right-of-way or adjacent property;

(4) All construction materials have been removed (i.e. debris, dumpster, port-a-can, silt

fences, etc.);

(5) All structures were built in compliance with all applicable codes and ordinances of

the village, and all reinspections have been paid in full to the inspection company;

(6) House address numbers are clearly marked on the curb of the property, as well as the

main structure.


Sec. 4.03.007 House elevation and location, survey, building codes

(a) Survey. A survey of the lot must accompany the plans submitted for building

official/assistant building official approval. The survey shall be made by a registered land

surveyor, who shall prepare and certify a drawing showing:

(1) Key lot elevations, including the major corners of the lot;

(2) Any portion of lot in the 723' floodplain;

(3) Front building line and all side and rear setbacks;

(4) A reference benchmark (“RB”) in the center of the street in front of the house; the

RB shall be tied into a permanent benchmark in order to establish true elevations for

the property.

Approval of the proposed plans assumes that the required documentation submitted by the

property owner or builder is accurate. The village building official/assistant building official

expressly disclaims any liability for damages that may arise as a result of inaccuracies in the

documentation submitted, including, but not limited to, inaccuracies in the surveys and/or

discrepancies between surveys and recorded plats.

(b) Elevations and location. All permittees shall obtain an elevation certificate prior to

receiving a certificate of occupancy. The submitted plans shall show the highest elevation of the

roof, exclusive of the chimney, and lowest finished floor elevation, based on the reference

benchmark. The building official/assistant building official will use this data to:

(1) Determine whether any portion of the structure is in the floodplain; and, if so,

whether the permittee has obtained a floodplain development permit, or variance, as

described in section 4.03.003(f), of this article; and

(2) Ensure the maximum height for any new building or other structure, or for the

modification of any building or other structure in the village that increases the

existing height of such building or other structure, does not exceed twenty-eight feet

(28') when measured from the highest parapet or roof ridge to the highest point on the

lot.


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(c) Easements, setbacks and rights-of-way.

(1) No permanent portion of a dwelling, except eaves, may be placed over easements and

within setbacks.

(2) Building official approval of an installation over an easement or setback may be

issued:

(A) If the terrain of the lot does not permit building without encroachment;

(B) With the proviso that any utility companies, cable companies, Point Venture

Property Owners Association, the village, and/or the WCID will have full

access as required; and

(C) That removal or replacement of any improvement within an easement or

setback will be at the owner’s expense.


Sec. 4.03.008 Plans and specifications

(a) Site plan. All site plans shall show:

(1) The location of any buildings on the lot;

(2) The distances measured from the extremity of the roof overhang of any buildings to

the property lines;

(3) The distances from the foundation of any buildings to the property lines;

(4) All easements and building setback lines;

(5) The location of all other permanent improvements on the property, such as

driveways, walls, fences, swimming pools, ponds, yard lights, solar systems, air

conditioning unit(s), and sewer pump(s).

(b) Design.

(1) Final grading of the site shall insure that natural flow of surface runoff is into the

proper channels, and not onto adjacent properties; installation of culverts, berms and

swales, as required, to reach this result is necessary, and shall be shown on

construction drawings.

(2) Where any excavation or “cut-in” is to be made, it shall be retained, with proper

drainage and safety/barrier fences installed on top. The dimensions and specifications

of the retaining wall(s) and safety fence(s), including material to be used, shall be

indicated on the plans, including a profile view of the cut.



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Sec. 4.03.009 Utilities; inspections; and occupancy

(a) Electric service.

(1) All new home building plan submittals must include the water/sewer hook-up

verification and the PEC hook-up verification, or verification that water and

electricity will be provided in another manner (i.e. on-site generators and water

tanks). Under no circumstances will an owner or builder use any water/sewer or

electricity from any other property. Noncompliance will result in an immediate stop

work order.

(2) Prior to issuance of a certificate of occupancy, permittees shall provide the village

verification of electric service from Pedernales Electric Cooperative.

(3) During construction, a temporary construction drop may be connected upon plan

submittal and approval. Temporary power must be GFCI protected, and must be

inspected.

(b) Water and sewer service.

(1) Construction water service must be provided upon plan submittal, or stated on the

plans that water tanks will be used.

(2) Full service from Travis County W.C.I.D. must be provided prior to issuance of

certificate of occupancy by the building official/assistant building official.

(3) A device to prevent backflow into the main water shall be installed and operational.

(4) A line is required at every water meter (equivalent to a Watts #7 dual check).

(c) Inspections. The following inspections are required, and must be approved, prior to the

issuance of a certificate of occupancy. If a building fails an inspection, permittee shall obtain and

pass a reinspection prior to proceeding to the next inspection. Several of the inspections may be

performed during the same inspection visit. A schedule of required inspections and information

regarding which inspections may, and should, be grouped together, is available at the village

office. Obscuring or otherwise covering up work that would keep the inspection company from

performing a required inspection shall constitute a violation of this article, and subject the

permittee to all applicable penalties.

(1) Temporary meter loop inspection. If a site has temporary power already hooked up

through PEC, it must be inspected. Temporary power must be GFCI protected.

(2) Layout. Foundation form boards shall be installed and the building permit posted.

(3) Verify finish floor elevations. Portable toilet, temporary trash receptacle, silt fence

and safety fences shall be installed. A form survey will be required on site upon

completion of form set-up and must be provided to the inspector. The approved

building plans must be on site for inspection. Form survey approval will be required

at inspection.


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(4) Plumbing rough. To be completed after layout is approved and requested when drain

waste, vents, and supports are in place and tested prior to concrete placement. Ten

(10) foot head of water pressure or 5-PSI air pressure is required on DWV piping. All

pipes and fittings must be exposed for visual inspection.

(5) Copper or supply piping. To be requested when all water supply lines are in place

and protected with no joints in the slab. All lines must be sleeved to protect pipes. 50-

PSI is required on copper lines. Hot water lines must be insulated. This inspection is

required prior to foundation inspection.

(6) Foundation. To be performed by the professional engineer or architect that designed

the foundation. Permittees shall submit engineer’s letter of certification prior to final

inspection. Additionally, permittees shall obtain, and submit to the village, a pre-pour

foundation inspection by ATS.

(7) Electrical rough inspection. To be requested when all wiring, boxes, piping load

centers (service and sub panels), service drop, and all work to be covered are

installed, but prior to frame inspection. This inspection must be cleared before

moving to next inspection.

(8) Mechanical rough inspection. To be requested when all duct systems and vents are in

place, but prior to frame inspection.

(9) Frame inspection. Electrical rough, mechanical rough and plumbing top out are to be

completed and inspected prior to framing inspection. Frame inspection shall be

requested after all framing, fire-blocking, fastening, and bracing are in place, roof is

dried in, materials are loaded, and pipes and vents and wiring installed; after

fireplaces are installed; and all windows and exterior doors are in place and flashed.

This is not to be used by permittee as a punch out inspection. Permittee shall

complete punch out and corrections prior to frame inspection.

(10) Exterior sheathing inspection. Is required prior to start of masonry work and/or house

wrap. Sheathing inspection must be done before house wrap or felt is installed over

sheathing. Exterior sheathing inspection may be performed prior to fourth inspection

at the builder’s request.

(11) Insulation inspection. To be requested after framing, electrical, plumbing, and

mechanical are approved and when all insulation is installed and all joints and

penetrations are sealed. Under some circumstances, partial insulation inspections may

be needed.

(12) Wallboard inspection. To be requested after insulation and frame group are approved

and when all wallboard is in place and fastened properly according to code schedule,

but prior to taping and floating any walls and ceilings.

(13) Electrical final inspection. To be requested when all fixtures, switches, receptacles,

grounds, appliances, smoke detectors and equipment are installed as per code and

ready for use with meter loop, but prior to final building inspections. Reinspections

may be inspected at final building inspections.


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(14) Mechanical final inspection. To be requested when all equipment has been installed

and ready for use; including dryer vents, exhaust hoods, furnace and water heater

vents, and all distribution and return air grilles installed. Combustion air supplies and

gas line sediment traps installed. Mechanical final inspection shall be completed and

approved prior to final building inspection.

(15) Plumbing final inspection. To be requested when all valves and fixtures are installed

and all vents are completed. Water systems to be tested. Gas pipes to be connected

and final tested. Septic or sewer connected and approved by village sanitarian.

Approved backflow devices at water meter, hose bibs, sprinkler systems, pools, and

dishwashers properly installed. Plumbing final inspection shall be completed and

approved prior to final building inspection.

(16) Final building inspection. Permittees shall request final building inspection when the

construction of the applicable building is complete, all other inspections have been

completed and approved, and the building is ready for occupancy. The inspector will

take the final inspection report to the building official/assistant building official for

the issuance of a certificate of occupancy, which will be issued if the project has

passed the village’s site inspection, conducted by the field maintenance supervisor.

The field maintenance supervisor’s inspection will ensure that:

(A) The building was constructed in conformity with the submitted and approved

plans, the exterior is completed;

(B) There was no damage done to the right-of-way or adjacent property;

(C) All construction items have been removed (i.e. debris, dumpster, port-a-can,

silt fences, etc.);

(D) That the building was constructed in compliance with all applicable codes and

village ordinances; and

(E) All reinspections have been paid in full.

(17) Customer service inspection certificate. After the final plumbing has passed, the

inspector will certify that the water service connection does not have potential to

contaminate the village’s water supply.

(18) Water yard line inspection. Required after properly sized water line (based on fixture

count) is installed in open trench at least twelve inches (12") deep and bedded in

sand. An A.W.W.A. approved owners shut-off valve same size as water line and a

pressure reducer valve, (PRV) required on the yard-line in a service box. Full village

water pressure or 60-PSI test required. If water line is run under flatwork or drive, it

must be sleeved (2 pipe sizes larger). The sewer yard-line installed in open trench per

code four inches (4") diameter Schedule 40 clean outs required at house and sewer

tap. Line to be bedded in sand with a minimum fall not less than one-quarter inch

(1/4") per foot. Sewer yard-line must have flood test in place.


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(19) Electric service. Underground conduit lain in open trench as per code twenty-six

inches (26") deep for primary, twenty inches (20") deep for secondary.

(20) Driveway/flatwork inspection. To be requested when forms and reinforcements are in

place. Minimum 6-inch, by 6-inch, by 10-inch (6" x 6" x 10") wire mesh and

expansion joints fifteen feet (15') on center required. Treated expansion joints or cold

joint required where flatwork or drive meets foundation. Dowel into slab where any

flatwork or drive meets foundation. Drives and flatwork must be to plan.


Sec. 4.03.010 Inspection fees

(a) All first-time building inspection fees shall be paid to the village at the time of submittal, in

accordance with the fee schedule. Payment will cover the cost of the building permit, all of the

required inspections, plus administrative costs and the plan review.

(b) If a permittee makes a change in an originally approved/permitted plan, a resubmittal fee,

as well as any corresponding inspection fee, will be charged to the permittee if the changes

involve any modification to electrical, plumbing, or structural plans.

(c) The permittee is responsible for payment of all other additional inspection fees, including

all reinspection fees, which are to be paid directly to the inspection company.

(d) All accounts with the inspection company and/or the village that are not kept current will

have inspections halted and certificates of occupancy withheld.

(e) For remodeling, alterations, and minor changes, requirements will be specified by the

building official/assistant building official based on the scope of the project. For major

remodeling projects and swimming pool, spa or hot tub additions (projects that involve changes

to the electrical, plumbing, or structural changes), inspections will be required. (See section

4.03.012, below.) The cost of the inspections will be determined by the number of inspections

that will be required, which is determined by the building official/assistant building official

and/or the inspection company. In addition to any inspection fees, a permit fee and administrative

fee must be paid to the village at the time of submittal.


Sec. 4.03.011 General contractor cash bond

Any person who applies for and obtains a building permit or other permit to authorize the

construction of a structure or a similar project shall post a cash bond with the village to cover the

costs of cleanup of litter and trash at the construction site, and/or the repair or restoration of

village streets, curbs, sidewalks, alleys, bridges, utilities, or other infrastructure caused by the

work and activities associated with the construction, reconstruction, or remodeling of the project.



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Sec. 4.03.012 Swimming pools, spas, and hot tubs

The following inspections shall be completed and approved for the installation and/or

construction of any swimming pool, spa, or hot tub. If one of the above inspections fails, a

reinspection shall be completed prior to proceeding to the following inspection.

(1) Plan review. Applicants shall submit three (3) sets of plans to the building

official/assistant building official for permit approval. All proposed construction shall

be performed and completed in accordance with the plans and specifications

approved by the building official/assistant building official and other applicable

ordinances and code requirements.

(2) Layout inspection. To be requested after pool system is laid out, marked on the

ground, with paint or string lines and property lines located.

(3) Silt fence. Silt fence shall be installed on run off sides of construction.

(4) Foundation. Inspections may be required, as determined by the village.

(5) Electrical rough inspection. To be requested after excavation is completed, with all

rough plumbing, reinforcement, electrical wiring with grounding, and bonding is

completed.

(6) Plumbing rough inspection. To be requested after excavation is completed, with all

rough plumbing gas lines to be in place and tests on pressure to be verified.

Minimum test pressure for P.V.C. recirculation lines is 35 PSI.

(7) Final plumbing inspection. To be requested after all equipment (pump, filters,

heaters, etc.) is in place and ready for use. Proper backflow protection devices are

required at all new or existing hose bibs and pool fill lines.

(8) Final inspection. To be requested after all equipment (pumps, filters, heaters, etc.)

and fixtures are in place and ready for use. At this time, all decks and fences shall be

completed in accordance with applicable building codes and ordinances. All

electrical bonding for motors, lights, heaters, or other equipment shall be properly

installed and completed. Ground fault protection at all exterior outlets, pool lights, or

other required locations shall be completed in accordance with applicable building

codes and ordinances.


ARTICLE 4.04 SUBSTANDARD BUILDINGS*

Sec. 4.04.001 Title

This article shall be commonly referred to as the village’s substandard building ordinance.

* State law reference–Authority of municipality to regulate dangerous and substandard structures,

V.T.C.A., Local Government Code, sec. 214.001 et seq.


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This article is adopted so that the village council may promote the public health, safety, and

general welfare within the village through the regulation of substandard and dangerous buildings

or structures. By requiring the repair and/or demolition of substandard and dangerous buildings

and structures, the village council seeks to protect property values and prevent bodily injury,

death, and property damage within the village limits.


Words and phrases used in this article shall have the meanings set forth in this section. Words and

phrases which are not defined in this article but are defined in other ordinances of the village shall

be given the meanings set forth in those ordinances. Other words and phrases shall be given their

common, ordinary meaning unless the context clearly requires otherwise. Headings and captions

are for reference purposes only, and shall not be used in the interpretation of this article.

Appraised value means the value given the structure by the county tax assessor’s office.

Building means any structure of any kind, or any part thereof, erected for the support, shelter or

enclosure of persons, animals, chattel or property of any kind.

Building inspector means the person appointed by the village to conduct periodic inspections of

buildings and structures to insure that the same are being maintained in a manner consistent with

prescribed building codes of the village and not in violation of this article.

Diligent effort means best or reasonable effort to determine the identity and address of an

owner, a lienholder, or a mortgagee including a search of the following records:

(1) County real property records of the county in which the building is located;

(2) Appraisal district records of the appraisal district in which the building is located;

(3) Records of the secretary of state;

(4) Assumed name records of the county in which the building is located;

(5) Village tax records; and

(6) Village utility records.

Minimum housing standards means those standards adopted by the village, including, if

applicable, building, electrical, plumbing, gas, mechanical, existing building and fire prevention

codes and any other housing and structure regulations adopted under chapter 214, Local

Government Code.

Owner means any person, agent, firm, corporation, or other entity named in the real property

records of the county where the building is located as owning the property.


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Structure means that which is built or constructed, an edifice or building of any kind, or any piece

of work artificially built or composed of parts joined together in some definite manner, or any

part thereof.

Village council means the governing body of the village.

Sec. 4.04.004 Declaration of nuisance

Any building or structure requiring vacation, repair, removal or demolition, as described and

defined herein, and all buildings or structures within the village which are unsafe, unsanitary or

otherwise dangerous to the health, safety and general welfare of the citizens of the village, are

hereby declared to be a public nuisance and unlawful and subject to the provisions of this article

regarding repair, removal or demolition.

Sec. 4.04.005 Inspections

An inspection shall be made of every building located within the village which is suspected of

being in violation of this article. The building inspector, or his/her official designee, is hereby

authorized to conduct inspections of buildings suspected of being in violation of this article and

take such actions as may be required to enforce the provisions of this article.

Sec. 4.04.006 Notice of violation

(a) Whenever a violation of this article has been discovered and reported by the building

inspector, or his/her designee, a public hearing shall be held by the village council to determine

whether a building complies with the standards set out in this article.

(b) A notice of the hearing shall be sent to the occupant, if any, and record owner, lienholder or

mortgagee. Such notice shall be in writing and shall be served by personal delivery or by certified

mail return receipt requested. Additionally, a copy of the notice shall be posted on the front door

of each affected structure situated on the property or as close to the front door as practicable. It is

not necessary that the notice to the occupant of the property list an occupant by name. Service of

the notice may be accomplished by first class U.S. mail or by personal delivery to any occupant

of the property who is above the age of eighteen (18) years.

(c) The notice shall contain:

(1) The names of all persons to whom notice is being served;

(2) The street address or legal description of the premises;

(3) The date of inspection;

(4) The nature of the violation;

(5) The date, time and location of the hearing; and

(6) A statement that the owner, lienholder, or mortgagee will be required to submit at the

hearing proof of the scope of any work that may be required to comply with this

article and the time it will take to reasonably perform the work.


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Sec. 4.04.007 Standards

The following standards shall be utilized in determining whether a building should be ordered

vacated, repaired, removed or demolished:

(1) The building or structure is liable to partially or fully collapse.

(2) The building or structure was constructed or maintained in violation of any provision

of the village’s building code, or any other applicable ordinance or law of the village,

county, state, or federal government.

(3) Any wall or other vertical structural members list, lean or buckle to such an extent

that a plumb line passing through the center of gravity falls outside of the middle

one-third (1/3) of its base.

(4) The foundation or the vertical or horizontal supporting members are twenty-five (25)

percent or more damaged or deteriorated.

(5) The nonsupporting coverings of walls, ceilings, roofs, or floors are fifty (50) percent

or more damaged or deteriorated.

(6) The structure has improperly distributed loads upon the structural members, or the

structural members have insufficient strength to be reasonably safe for the purpose

used.

(7) The structure or any part thereof has been damaged by fire, water, earthquake, wind,

vandalism, or other cause to such an extent that it has become dangerous to the public

health, safety and welfare.

(8) The structure does not have adequate light, ventilation, or sanitation facilities as

required by the village.

(9) The structure has inadequate facilities for egress in case of fire or other emergency or

has insufficient stairways, elevators, fire escapes or other means of ingress or egress.

(10) The structure, because of its condition, is unsafe, unsanitary, or dangerous to the

health, safety or general welfare of the village’s citizens, including all conditions

conducive to the harboring of rats or mice or other disease-carrying animals or

insects reasonably calculated to spread disease.

Sec. 4.04.008 Hearing

(a) The date of the hearing shall not be less than ten (10) days after notice is made (as

described in section 4.04.006).

(b) If a building is found to be in violation of this article, the village shall require the owner,

lienholder, or mortgagee of the building to within thirty (30) days vacate, repair, remove or

demolish the building, unless it is proven at the hearing that the work cannot reasonably be done

in thirty (30) days.


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(c) If the village allows more than thirty (30) days for the building to be vacated, repaired,

removed or demolished, the village shall establish specific time schedules for the work to be

commenced and performed and shall require the owner, lienholder, or mortgagee to secure the

property in a reasonable manner from unauthorized entry while the work is being performed, as

determined by the hearing official.

(d) The village shall not allow the owner, lienholder or mortgagee more than ninety (90) days

to vacate, repair, remove or demolish the building or fully perform all work required to comply

with the order unless a detailed plan and time schedule for the work are submitted at the hearing

and it is proven at the hearing that the work cannot reasonably be completed within ninety (90)

days because of the scope and complexity of the work. Additionally, the owner, lienholder, or

mortgagee must submit work progress reports to demonstrate compliance with the time schedule

established.

(e) In any case where repairs are estimated to cost fifty (50) percent or more of the appraised

value, a building shall be demolished or removed, and in all cases where a structure cannot be

repaired so that it will no longer exist in violation of the provisions of this article, it shall be

demolished or removed.

Sec. 4.04.009 Issuance of order

(a) After the public hearing, if a building is found to be in violation of the standards set out in

this article, the village may order that the building be repaired, removed or demolished within a

reasonable time, as established under section 4.04.008.

(b) If the building is ordered to be vacated, repaired, removed or demolished, the village shall

promptly mail by certified mail, return receipt requested, or personally deliver a copy of the order

to the owner of the building and to any lienholder or mortgagee of the building. The village shall

make a diligent effort to discover each owner, mortgagee and lienholder having an interest in the

building or property on which the building is located.

(c) If the ordered action is demolition of the building or structure, demolition shall not occur

until either:

(1) The order by the village ordering the demolition has been appealed to the district

court, or a court of proper jurisdiction, and the appeal has been finally resolved in a

manner that does not prevent the village from proceeding with demolition; or

(2) The property owner has failed to appeal the order to the district court, or a court of

proper jurisdiction, within thirty (30) days of the village’s issuance of the order.

Sec. 4.04.010 Additional notice requirements

(a) In addition to the order, each identified mortgagee or lienholder shall be sent a notice

containing:

(1) An identification of the building and the property on which it is located (this does not

have to be a legal description);


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(3) A statement that the municipality may demolish the building if the ordered action is

not taken.

(b) If the notice is returned “refused” or “unclaimed,” the validity of the notice is not affected

and the notice shall be deemed delivered.

(c) Within ten (10) days after the date that the order is issued, the village shall:

(1) File a copy of the order in the office of the village secretary; and

(2) Publish a notice in a newspaper of general circulation in the village (and where the

building is located) stating:

(A) The street address or legal description of the property;

(B) The date of the hearing;

(C) A brief statement indicating the results of the order; and

(D) Instructions as to where a complete copy of the order may be obtained.


The owner, lienholder, or mortgagee shall have the right to appeal the decision made at the

hearing to a district court, provided that the notice of appeal must be filed with the district court

within thirty (30) calendar days from the date the order is mailed to the owner, lienholder or

mortgagee, as provided herein.

Sec. 4.04.012 Failure to comply with order; performance of work by village

(a) Whenever it is discovered upon reinspection that the owner, mortgagee or lienholder has

failed to repair, remove or demolish the building or take other ordered action within the allotted

time, the village shall make a diligent effort to discover each mortgagee and lienholder having an

interest in the building or in the property on which the building is located and shall personally

deliver or send by certified mail, return receipt requested, to each a notice containing:

(1) An identification of the building and the property on which it is located (this does not

have to be a legal description);


(3) A statement that the municipality will remove or demolish the building if the ordered

action is not taken.


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(b) Whenever it is discovered upon reinspection that the owner, mortgagee or lienholder has

failed to repair, remove or demolish the building or take other ordered action within the allotted

time, the village, or its authorized agent, may repair, remove or demolish and remove said

building or cause the same to be done and charge the expenses incurred in doing such work or

having the same done to the owner, mortgagee or lienholder of said land or otherwise assess the

expenses against the property on which the building is located.

(c) If such work is done at the expense of the village, then said expense shall be assessed

against any salvage resulting from the demolition of the building and against the lot, tract, or

parcel of land, or the premises, upon which such expense was incurred.

(d) For the purposes of this section, any repair, alteration or improvement made to a building

by the village will only be to the extent necessary to bring the building into compliance with the

minimum housing standards and only if the building is a residential building with ten (10) or

fewer dwelling units; provided, however, the village may elect to obtain a judicial determination

by a decree of a court of competent jurisdiction of the existence, in fact, of a public nuisance in

cases contemplated by this article. Such judicial determination may include any available remedy

for the abatement of such a nuisance.

Sec. 4.04.013 Lien for expenses incurred by village

(a) When the village incurs expenses to repair, remove or demolish a building, the village may

assess the expenses on and obtain a lien against the property on which the building is located,

unless it is a homestead as protected by the state constitution. The lien arises and attaches to the

property when the village has the lien recorded and indexed with the county clerk of the county in

which the property is located. The notice shall contain:

(1) The name and address of the owner, if that information can be determined with a

reasonable effort;

(2) A legal description of the real property on which the building was located;

(3) The amount of expense incurred by the village;

(4) The balance due; and

(5) The date on which said work was done or improvements made.

(b) The village shall have a privileged lien on such lot, lots, or other premises or real estate

upon which said building was located, to secure the expenditure so made, second only to other

liens as provided by law. It is further provided that for any such expenditure suit may be instituted

and foreclosure of said lien may be made in the name of the village, and the statement of

expenses so made, as aforesaid, or a certified copy thereof, shall be prima facie proof of the

amount expended for such work or expense.

(c) The lien is extinguished if the property owner or another person having an interest in the

legal title to the property reimburses the village for the expenses.


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Sec. 4.04.014 Enforcement; penalties

(a) Enforcement. The village shall have the power to administer and enforce the provisions of

this article as may be required by governing law.

(b) Civil remedies.

(1) A property owner violating any provision of this article shall, upon being found

liable, be fined a sum not exceeding one thousand dollars ($1,000.00) for each and

every day of violation, or, if the owner shows the property is the owner’s lawful

homestead, in an amount not to exceed ten dollars ($10.00) per day for each

violation, provided that:

(A) The owner was notified of the requirements of this article and the owner’s need

to comply with the requirements; and

(B) After notification, the owner committed an act in violation of this article or

failed to take action necessary for compliance with this article.

(2) If such a civil penalty is assessed, the village secretary shall file a certified copy of

the order containing such amount and duration of the penalty with the county district

clerk’s office no later than three (3) working days after such order.

(c) Criminal penalties. A property owner violating any provision of this article shall, upon

conviction, be fined a sum in accordance with the general penalty provided in section 1.01.009 of

this code for each and every day a violation occurs.

(d) Other remedies.

(1) The remedies provided herein shall be available to the village in addition to any penal

or other remedy provided by law or equity which the village, state, or any other

person may provide to remedy the unsafe building condition.

(2) The village may bring a civil action in a court of competent jurisdiction to collect the

amount due plus all associated costs and fees.

Sec. 4.04.015 Liability

Neither the village nor any authorized agent acting under the terms of this article shall be liable or

have any liability by reason of orders issued or work done in compliance with the terms of this

article.


adopting Code)


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ARTICLE 4.05 FLOOD DAMAGE PREVENTION*


Sec. 4.05.001 Findings of fact

(a) The recitals in Ordinance 2009-11-01 are incorporated into this article by reference as

findings of fact as if expressly set forth herein.

(b) The flood hazard areas of the village are subject to periodic inundation, which results in

loss of life and property, health and safety hazards, disruption of commerce and governmental

services, and extraordinary public expenditures for flood protection and relief, all of which

adversely affect the public health, safety and general welfare.

(c) These flood losses are created by the cumulative effect of obstructions in floodplains which

cause an increase in flood heights and velocities, and by the occupancy of flood hazard areas by

uses vulnerable to floods and hazardous to other lands because they are inadequately elevated,

flood-proofed or otherwise protected from flood damage.

Sec. 4.05.002 Statutory authorization

The legislature of the state has, in Texas Water Code section 16.315, delegated the responsibility

to local governmental units to adopt regulations designed to minimize flood losses.

Sec. 4.05.003 Statement of purpose

It is the purpose of this article to promote the public health, safety and general welfare and to

minimize public and private losses due to flood conditions in specific areas by provisions

designed to:

(1) Protect human life and health;

(2) Minimize expenditure of public money for costly flood control projects;

(3) Minimize the need for rescue and relief efforts associated with flooding and generally

undertaken at the expense of the general public;

(4) Minimize prolonged business interruptions;

(5) Minimize damage to public facilities and utilities such as water and gas mains,

electric, telephone and sewer lines, streets and bridges located in floodplains;

(6) Help maintain a stable tax base by providing for the sound use and development of

floodprone areas in such a manner as to minimize future flood blight areas; and

(7) Insure that potential buyers are notified that property is in a flood area.

* State law references–Flood Control and Insurance Act, V.T.C.A., Water Code, sec. 16.311 et seq.;

governing body shall adopt ordinances or orders necessary to participate in National Flood Insurance

Program, V.T.C.A., Water Code, sec. 16.3145; responsibility to establish flood hazard regulations,

V.T.C.A., Water Code, sec. 16.315.


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Sec. 4.05.004 Methods of reducing flood losses

In order to accomplish its purposes, this article uses the following methods:

(1) Restrict or prohibit uses that are dangerous to health, safety or property in times of

flood, or cause excessive increases in flood heights or velocities;

(2) Require that uses vulnerable to floods, including facilities which serve such uses, be

protected against flood damage at the time of initial construction;

(3) Control the alteration of natural floodplains, stream channels, and natural protective

barriers, which are involved in the accommodation of floodwaters;

(4) Control filling, grading, dredging and other development which may increase flood

damage;

(5) Prevent or regulate the construction of flood barriers which will unnaturally divert

floodwaters or which may increase flood hazards to other lands.


Unless specifically defined below, words or phrases used in this article shall be interpreted to give

them the meaning they have in common usage and to give this article its most reasonable

application.

Alluvial fan flooding means flooding occurring on the surface of an alluvial fan or similar

landform which originates at the apex and is characterized by high-velocity flows; active

processes of erosion, sediment transport, and deposition; and unpredictable flow paths.

Apex means a point on an alluvial fan or similar landform below which the flow path of the major

stream that formed the fan becomes unpredictable and alluvial fan flooding can occur.

Appurtenant structure means a structure which is on the same parcel of property as the principal

structure to be insured and the use of which is incidental to the use of the principal structure.

Area of future conditions flood hazard means the land area that would be inundated by the 1

percent annual chance (100-year) flood based on future conditions hydrology.

Area of shallow flooding means a designated AO, AH, AR/AO, AR/AH, or VO zone on a

community’s flood insurance rate map (FIRM) with a 1 percent or greater annual chance of

flooding to an average depth of 1 to 3 feet where a clearly defined channel does not exist, where

the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is

characterized by ponding or sheet flow.

Area of special flood hazard is the land in the floodplain within a community subject to a 1

percent or greater chance of flooding in any given year. The area may be designated as zone A on

the flood hazard boundary map (FHBM). After detailed rate-making has been completed in

preparation for publication of the FIRM, zone A usually is refined into zones A, AO, AH, A1-30,

AE, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, VO, V1-30, VE or V.


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Base flood means the flood having a 1 percent chance of being equaled or exceeded in any given

year.

Basement means any area of the building having its floor subgrade (below ground level) on all

sides.

Breakaway wall means a wall that is not part of the structural support of the building and is

intended through its design and construction to collapse under specific lateral loading forces,

without causing damage to the elevated portion of the building or supporting foundation system.

Critical feature means an integral and readily identifiable part of a flood protection system,

without which the flood protection provided by the entire system would be compromised.

Development means any man-made change to improved and unimproved real estate, including

but not limited to buildings or other structures, mining, dredging, filling, grading, paving,

excavation or drilling operations or storage of equipment or materials.

Elevated building means, for insurance purposes, a non-basement building which has its lowest

elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or

columns.

Existing construction means, for the purposes of determining rates, structures for which the “start

of construction” commenced before the effective date of the FIRM or before January 1, 1975, for

FIRMs effective before that date. “Existing construction” may also be referred to as “existing

structures.”

Existing manufactured home park or subdivision means a manufactured home park or subdivision

for which the construction of facilities for servicing the lots on which the manufactured homes

are to be affixed (including, at a minimum, the installation of utilities, the construction of streets,

and either final site grading or the pouring of concrete pads) is completed before the effective

date of the floodplain management regulations adopted by a community.

Expansion to an existing manufactured home park or subdivision means the preparation of

additional sites by the construction of facilities for servicing the lots on which the manufactured

homes are to be affixed (including the installation of utilities, the construction of streets, and

either final site grading or the pouring of concrete pads).

Flood or flooding means a general and temporary condition of partial or complete inundation of

normally dry land areas from:

(1) The overflow of inland or tidal waters; or

(2) The unusual and rapid accumulation or runoff of surface waters from any source.

Flood elevation study means an examination, evaluation and determination of flood hazards and,

if appropriate, corresponding water surface elevations, or an examination, evaluation and

determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards.

Flood insurance rate map (FIRM) means an official map of a community, on which the Federal

Emergency Management Agency has delineated both the special flood hazard areas and the risk

premium zones applicable to the community.


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Flood insurance study (FIS). See “Flood elevation study.”

Floodplain or floodprone area means any land area susceptible to being inundated by water from

any source (see definition of flooding).

Floodplain management means the operation of an overall program of corrective and preventive

measures for reducing flood damage, including but not limited to emergency preparedness plans,

flood control works and floodplain management regulations.

Floodplain management regulations means zoning ordinances, subdivision regulations, building

codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading

ordinance and erosion control ordinance) and other applications of police power. The term

describes such state or local regulations, in any combination thereof, which provide standards for

the purpose of flood damage prevention and reduction.

Flood protection system means those physical structural works for which funds have been

authorized, appropriated, and expended and which have been constructed specifically to modify

flooding in order to reduce the extent of the area within a community subject to a “special flood

hazard” and the extent of the depths of associated flooding. Such a system typically includes

hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood-modifying

works are those constructed in conformance with sound engineering standards.

Floodproofing means any combination of structural and nonstructural additions, changes, or

adjustments to structures which reduce or eliminate flood damage to real estate or improved real

property, water and sanitary facilities, structures and their contents.

Floodway. See “Regulatory floodway.”

Functionally dependent use means a use which cannot perform its intended purpose unless it is

located or carried out in close proximity to water. The term includes only docking facilities or

port facilities that are necessary for the loading and unloading of cargo or passengers, and ship

building and ship repair facilities, but does not include long-term storage or related manufacturing

facilities.

Highest adjacent grade means the highest natural elevation of the ground surface prior to

construction next to the proposed walls of a structure.

Historic structure means any structure that is:

(1) Listed individually in the National Register of Historic Places (a listing maintained

by the Department of the Interior) or preliminarily determined by the Secretary of the

Interior as meeting the requirements for individual listing on the National Register;

(2) Certified or preliminarily determined by the Secretary of the Interior as contributing

to the historical significance of a registered historic district or a district preliminarily

determined by the Secretary to qualify as a registered historic district;

(3) Individually listed on a state inventory of historic places in states with historic

preservation programs which have been approved by the Secretary of the Interior; or


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(4) Individually listed on a local inventory of historic places in communities with historic

preservation programs that have been certified either:

(A) By an approved state program as determined by the Secretary of the Interior; or

(B) Directly by the Secretary of the Interior in states without approved programs.

Levee means a man-made structure, usually an earthen embankment, designed and constructed in

accordance with sound engineering practices to contain, control, or divert the flow of water so as

to provide protection from temporary flooding.

Levee system means a flood protection system which consists of a levee, or levees, and associated

structures, such as closure and drainage devices, which are constructed and operated in

accordance with sound engineering practices.

Lowest floor means the lowest floor of the lowest enclosed area (including basement). An

unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or

storage in an area other than a basement area is not considered a building’s lowest floor, provided

that such enclosure is not built so as to render the structure in violation of the applicable non-

elevation design requirement of section 60.3 of the National Flood Insurance Program

regulations.

Manufactured home means a structure transportable in one or more sections, which is built on a

permanent chassis and is designed for use with or without a permanent foundation when

connected to the required utilities. The term “manufactured home” does not include a

“recreational vehicle.”

Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided

into two or more manufactured home lots for rent or sale.

Mean sea level means, for purposes of the National Flood Insurance Program, the National

Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown

on a community’s flood insurance rate map are referenced.

New construction means, for the purpose of determining insurance rates, structures for which the

“start of construction” commenced on or after the effective date of an initial FIRM or after

December 31, 1974, whichever is later, and includes any subsequent improvements to such

structures. For floodplain management purposes, “new construction” means structures for which

the “start of construction” commenced on or after the effective date of a floodplain management

regulation adopted by a community and includes any subsequent improvements to such

structures.

New manufactured home park or subdivision means a manufactured home park or subdivision for

which the construction of facilities for servicing the lots on which the manufactured homes are to

be affixed (including, at a minimum, the installation of utilities, the construction of streets, and

either final site grading or the pouring of concrete pads) is completed on or after the effective date

of floodplain management regulations adopted by a community.

Recreational vehicle means a vehicle which is:

(1) Built on a single chassis;


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(2) 400 square feet or less when measured at the largest horizontal projections;

(3) Designed to be self-propelled or permanently towable by a light duty truck; and

(4) Designed primarily not for use as a permanent dwelling but as temporary living

quarters for recreational, camping, travel, or seasonal use.

Regulatory floodway means the channel of a river or other watercourse and the adjacent land

areas that must be reserved in order to discharge the base flood without cumulatively increasing

the water surface elevation more than a designated height.

Riverine means relating to, formed by, or resembling a river (including tributaries), stream, brook,

etc.

Special flood hazard area. See “Area of special flood hazard.”

Start of construction, for other than new construction or substantial improvements under the

Coastal Barrier Resources Act (Pub. L. 97-348), includes substantial improvement and means the

date the building permit was issued, provided the actual start of construction, repair,

reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of

the permit date. The actual start means either the first placement of permanent construction of a

structure on a site, such as the pouring of slab or footings, the installation of piles, the

construction of columns, or any work beyond the stage of excavation; or the placement of a

manufactured home on a foundation. Permanent construction does not include land preparation,

such as clearing, grading and filling; nor does it include the installation of streets and/or

walkways; nor does it include excavation for basement, footings, piers or foundations or the

erection of temporary forms; nor does it include the installation on the property of accessory

buildings, such as garages or sheds not occupied as dwelling units or not part of the main

structure. For a substantial improvement, the actual start of construction means the first alteration

of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration

affects the external dimensions of the building.

Structure means, for floodplain management purposes, a walled and roofed building, including a

gas or liquid storage tank, that is principally above ground, as well as a manufactured home.

Substantial damage means damage of any origin sustained by a structure whereby the cost of

restoring the structure to its before-damaged condition would equal or exceed 50 percent of the

market value of the structure before the damage occurred.

Substantial improvement means any reconstruction, rehabilitation, addition, or other improvement

of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure

before “start of construction” of the improvement. This term includes structures which have

incurred “substantial damage,” regardless of the actual repair work performed. The term does not,

however, include either:

(1) Any project for improvement of a structure to correct existing violations of state or

local health, sanitary, or safety code specifications which have been identified by the

local code enforcement official and which are the minimum necessary to assure safe

living conditions; or


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(2) Any alteration of a “historic structure,” provided that the alteration will not preclude

the structure’s continued designation as a “historic structure.”

Variance means a grant of relief by a community from the terms of a floodplain management

regulation. (For full requirements see section 60.6 of the National Flood Insurance Program

regulations.)

Violation means the failure of a structure or other development to be fully compliant with the

community’s floodplain management regulations. A structure or other development without the

elevation certificate, other certifications, or other evidence of compliance required in section

60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) of the National Flood Insurance Program

regulations is presumed to be in violation until such time as that documentation is provided.

Water surface elevation means the height, in relation to the National Geodetic Vertical Datum

(NGVD) of 1929 (or other datum, where specified), of floods of various magnitudes and

frequencies in the floodplains of coastal or riverine areas.

Sec. 4.05.006 Lands to which this article applies

This article shall apply to all areas of special flood hazard within the corporate limits of the

village.

Sec. 4.05.007 Basis for establishing areas of special flood hazard

The areas of special flood hazard identified by the Federal Emergency Management Agency in

the current scientific and engineering report entitled, “The Flood Insurance Study (FIS) for Travis

County and Incorporated Areas,” dated September 26, 2008, with accompanying flood insurance

rate maps and/or flood boundary-floodway maps (FIRM and/or FBFM), index panels

48453C0195H and 48453C0215H, dated September 26, 2008 and September 26, 2008

respectively, and any revisions thereto are hereby adopted by reference and declared to be a part

of this article.

Sec. 4.05.008 Establishment of development permit

A floodplain development permit shall be required to ensure conformance with the provisions of

this article.

Sec. 4.05.009 Compliance

No structure or land shall hereafter be located, altered, or have its use changed without full

compliance with the terms of this article and other applicable regulations.

Sec. 4.05.010 Abrogation and greater restrictions

This article is not intended to repeal, abrogate, or impair any existing easements, covenants, or

deed restrictions. However, where this article and another ordinance, easement, covenant, or deed

restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.


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Sec. 4.05.011 Interpretation

In the interpretation and application of this article, all provisions shall be:

(1) Considered as minimum requirements;

(2) Liberally construed in favor of the governing body; and

(3) Deemed neither to limit nor repeal any other powers granted under state statutes.

Sec. 4.05.012 Warning and disclaimer of liability

The degree of flood protection required by this article is considered reasonable for regulatory

purposes and is based on scientific and engineering considerations. On rare occasions greater

floods can and will occur and flood heights may be increased by man-made or natural causes.

This article does not imply that land outside the areas of special flood hazards or uses permitted

within such areas will be free from flooding or flood damages. This article shall not create

liability on the part of the community or any official or employee thereof for any flood damages

that result from reliance on this article or any administrative decision lawfully made hereunder.


Any person violating this article, upon conviction, is punishable by a fine in accordance with the

following:

(1) Civil and criminal penalties. The village shall have the power to administer and

enforce the provisions of this article as may be required by governing law. Any

person violating any provision of this article is subject to suit for injunctive relief as

well as prosecution for criminal violations.

(2) Criminal prosecution. Any person violating any provision of this article shall, upon

conviction, be fined a sum in accordance with the general penalty provided in section

1.01.009 of this code. Each day that a provision of this article is violated shall

constitute a separate offense. An offense under this article is a misdemeanor.

(3) Civil remedies. Nothing in this article shall be construed as a waiver of the village’s

right to bring a civil action to enforce the provisions of this article and to seek

remedies as allowed by law, including but not limited to the following:

(A) Injunctive relief to prevent specific conduct that violates this article or to

require specific conduct that is necessary for compliance with this article;

(B) A civil penalty up to one thousand dollars ($1,000.00) a day (with each day

constituting a separate offense and separate violation) when it is shown that the

defendant was actually notified of the provisions of this article and after

receiving notice committed acts in violation of this article or failed to take

action necessary for compliance with this article; and

(C) Other available relief.

Secs. 4.05.014–4.05.040 Reserved


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Division 2. Administration

Sec. 4.05.041 Designation of floodplain administrator

The mayor of the village, or the mayor’s designee, is hereby appointed as the floodplain

administrator to administer and implement the provisions of this article and other appropriate

sections of 44 CFR (Emergency Management and Assistance, National Flood Insurance Program

Regulations) pertaining to floodplain management.

Sec. 4.05.042 Duties and responsibilities of floodplain administrator

Duties and responsibilities of the floodplain administrator shall include, but not be limited to, the

following:

(1) Maintain and hold open for public inspection all records pertaining to the provisions

of this article.

(2) Review permit applications to determine whether to ensure that the proposed building

site project, including the placement of manufactured homes, will be reasonably safe

from flooding.

(3) Review, approve, or deny all applications for development permits required by

adoption of this article.

(4) Review permits for proposed development to assure that all necessary permits have

been obtained from those federal, state, or local governmental agencies (including

section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33

U.S.C. 1344) from which prior approval is required.

(5) Where interpretation is needed as to the exact location of the boundaries of the areas

of special flood hazards (for example, where there appears to be a conflict between a

mapped boundary and actual field conditions), the floodplain administrator shall

make the necessary interpretation.

(6) Notify, in riverine situations, adjacent communities and the state coordinating

agency, which is the state commission on environmental quality (TCEQ), prior to any

alteration or relocation of a watercourse, and submit evidence of such notification to

the Federal Emergency Management Agency.

(7) Assure that the flood-carrying capacity within the altered or relocated portion of any

watercourse is maintained.

(8) When base flood elevation data has not been provided in accordance with section

4.05.007, the floodplain administrator shall obtain, review and reasonably utilize any

base flood elevation data and floodway data available from a federal, state or other

source, in order to administer the provisions of division 3 of this article.


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(9) When a regulatory floodway has not been designated, the floodplain administrator

must require that no new construction, substantial improvements, or other

development (including fill) be permitted within zones A1-30 and AE on the

community’s FIRM, unless it is demonstrated that the cumulative effect of the

proposed development, when combined with all other existing and anticipated

development, will not increase the water surface elevation of the base flood more

than one foot at any point within the community.

(10) Under the provisions of 44 CFR section 65.12, of the National Flood Insurance

Program regulations, a community may approve certain development in zones A1-30,

AE, and AH on the community’s FIRM which increases the water surface elevation

of the base flood by more than 1 foot, provided that the community first completes all

of the provisions required by section 65.12.

Sec. 4.05.043 Permit procedures

(a) Application for a floodplain development permit shall be presented to the floodplain

administrator on forms furnished by him/her and shall include, but not be limited to, plans in

triplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape

alterations, existing and proposed structures, including the placement of manufactured homes,

and the location of the foregoing in relation to areas of special flood hazard. Additionally, the

following information is required:

(1) Elevation (in relation to mean sea level) of the lowest floor (including basement) of

all new and substantially improved structures;

(2) Elevation in relation to mean sea level to which any nonresidential structure shall be

floodproofed;

(3) A certificate from a registered professional engineer or architect that the

nonresidential floodproofed structure shall meet the floodproofing criteria of section

4.05.072(2);

(4) Description of the extent to which any watercourse or natural drainage will be altered

or relocated as a result of proposed development; and

(5) Maintain a record of all such information in accordance with section 4.05.042(1).

(b) Approval or denial of a floodplain development permit by the floodplain administrator shall

be based on all of the provisions of this article and the following relevant factors:

(1) The danger to life and property due to flooding or erosion damage;

(2) The susceptibility of the proposed facility and its contents to flood damage and the

effect of such damage on the individual owner;

(3) The danger that materials may be swept onto other lands to the injury of others;


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(4) The compatibility of the proposed use with existing and anticipated development;

(5) The safety of access to the property in times of flood for ordinary and emergency

vehicles;

(6) The costs of providing governmental services during and after flood conditions,

including maintenance and repair of streets and bridges, and public utilities and

facilities such as sewer, gas, electrical and water systems;

(7) The expected heights, velocity, duration, rate of rise and sediment transport of the

floodwaters and the effects of wave action, if applicable, expected at the site;

(8) The necessity to the facility of a waterfront location, where applicable; and

(9) The availability of alternative locations, not subject to flooding or erosion damage,

for the proposed use.

Sec. 4.05.044 Variance procedures

(a) The village council shall hear and render judgment on requests for variances from the

requirements of this article.

(b) The village council shall hear and render judgment on an appeal only when it is alleged

there is an error in any requirement, decision, or determination made by the floodplain

administrator in the enforcement or administration of this article.

(c) Any person or persons aggrieved by the decision of the village council may appeal such

decision in the courts of competent jurisdiction.

(d) The floodplain administrator shall maintain a record of all actions involving an appeal and

shall report variances to the Federal Emergency Management Agency upon request.

(e) Variances may be issued for the reconstruction, rehabilitation, or restoration of structures

listed on the National Register of Historic Places or the state inventory of historic places, without

regard to the procedures set forth in the remainder of this article.

(f) Variances may be issued for new construction and substantial improvements to be erected

on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures

constructed below the base flood level, providing the relevant factors in section 4.05.043(b) of

this article have been fully considered. As the lot size increases beyond the 1/2 acre, the technical

justification required for issuing the variance increases.

(g) Upon consideration of the factors noted above and the intent of this article, the village

council may attach such conditions to the granting of variances as it deems necessary to further

the purpose and objectives of this article (section 4.05.003).

(h) Variances shall not be issued within any designated floodway if any increase in flood levels

during the base flood discharge would result.


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(i) Variances may be issued for the repair or rehabilitation of historic structures upon a

determination that the proposed repair or rehabilitation will not preclude the structure’s continued

designation as a historic structure and the variance is the minimum necessary to preserve the

historic character and design of the structure.

(j) Prerequisites for granting variances:

(1) Variances shall only be issued upon a determination that the variance is the minimum

necessary, considering the flood hazard, to afford relief.

(2) Variances shall only be issued upon:

(A) Showing a good and sufficient cause;

(B) A determination that failure to grant the variance would result in exceptional

hardship to the applicant; and

(C) A determination that the granting of a variance will not result in increased

flood heights, additional threats to public safety, or extraordinary public

expense, create nuisances, cause fraud on or victimization of the public, or

conflict with existing local laws or ordinances.

(3) Any applicant to which a variance is granted shall be given written notice that the

structure will be permitted to be built with the lowest floor elevation below the base

flood elevation, and that the cost of flood insurance will be commensurate with the

increased risk resulting from the reduced lowest floor elevation.

(k) Variances may be issued by a community for new construction and substantial

improvements and for other development necessary for the conduct of a functionally dependent

use provided that:

(1) The criteria outlined in subsections (a) through (i) of this section are met; and

(2) The structure or other development is protected by methods that minimize flood

damages during the base flood and create no additional threats to public safety.

Secs. 4.05.045–4.05.070 Reserved

Division 3. Flood Hazard Reduction Standards

Sec. 4.05.071 General standards

In all areas of special flood hazards the following provisions are required for all new construction

and substantial improvements:

(1) All new construction or substantial improvements shall be designed (or modified)

and adequately anchored to prevent flotation, collapse or lateral movement of the

structure resulting from hydrodynamic and hydrostatic loads, including the effects of

buoyancy;


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(2) All new construction or substantial improvements shall be constructed by methods

and practices that minimize flood damage;

(3) All new construction or substantial improvements shall be constructed with materials

resistant to flood damage;

(4) All new construction or substantial improvements shall be constructed with electrical,

heating, ventilation, plumbing, and air conditioning equipment and other service

facilities that are designed and/or located so as to prevent water from entering or

accumulating within the components during conditions of flooding;

(5) All new and replacement water supply systems shall be designed to minimize or

eliminate infiltration of floodwaters into the system;

(6) New and replacement sanitary sewage systems shall be designed to minimize or

eliminate infiltration of floodwaters into the system and discharge from the systems

into floodwaters; and

(7) On-site waste disposal systems shall be located to avoid impairment to them or

contamination from them during flooding.

Sec. 4.05.072 Specific standards

In all areas of special flood hazards where base flood elevation data has been provided as set forth

in section 4.05.007, section 4.05.042(8), or section 4.05.073(c), the following provisions are

required:

(1) Residential construction. New construction and substantial improvement of any

residential structure shall have the lowest floor (including basement) elevated to or

above the base flood elevation plus 1 foot. A registered professional engineer,

architect, or land surveyor shall submit a certification to the floodplain administrator

that the standard of this subsection, as proposed in section 4.05.043(a)(1), is satisfied.

(2) Nonresidential construction. New construction and substantial improvements of any

commercial, industrial or other nonresidential structure shall either have the lowest

floor (including basement) elevated to or above the base flood elevation plus 1 foot

or, together with attendant utility and sanitary facilities, be designed so that below the

base flood elevation plus 1 foot the structure is watertight with walls substantially

impermeable to the passage of water and with structural components having the

capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

A registered professional engineer or architect shall develop and/or review structural

design, specifications, and plans for the construction, and shall certify that the design

and methods of construction are in accordance with accepted standards of practice as

outlined in this subsection. A record of such certification which includes the specific

elevation (in relation to mean sea level) to which such structures are floodproofed

shall be maintained by the floodplain administrator.


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(3) Enclosures. New construction and substantial improvements with fully enclosed

areas below the lowest floor that are usable solely for parking of vehicles, building

access or storage in an area other than a basement and which are subject to flooding

shall be designed to automatically equalize hydrostatic flood forces on exterior walls

by allowing for the entry and exit of floodwaters. Designs for meeting this

requirement must either be certified by a registered professional engineer or architect

or meet or exceed the following minimum criteria:

(A) A minimum of two openings on separate walls having a total net area of not

less than one square inch for every square foot of enclosed area subject to

flooding shall be provided.

(B) The bottom of all openings shall be no higher than 1 foot above grade.

(C) Openings may be equipped with screens, louvers, valves, or other coverings or

devices provided that they permit the automatic entry and exit of floodwaters.

(4) Manufactured homes.

(A) Require that all manufactured homes to be placed within zone A on a

community’s FHBM or FIRM shall be installed using methods and practices

which minimize flood damage. For the purposes of this requirement,

manufactured homes must be elevated and anchored to resist flotation,

collapse, or lateral movement. Methods of anchoring may include, but are not

limited to, use of over-the-top or frame ties to ground anchors. This

requirement is in addition to applicable state and local anchoring requirements

for resisting wind forces.

(B) Require that manufactured homes that are placed or substantially improved

within zones A1-30, AH, and AR on the community’s FIRM on sites:

(i) Outside of a manufactured home park or subdivision;

(ii) In a new manufactured home park or subdivision;

(iii) In an expansion to an existing manufactured home park or subdivision;

or

(iv) In an existing manufactured home park or subdivision on which a

manufactured home has incurred “substantial damage” as a result of a

flood;

be elevated on a permanent foundation such that the lowest floor of the

manufactured home is elevated to or above the base flood elevation plus 1 foot

and be securely anchored to an adequately anchored foundation system to resist

flotation, collapse, and lateral movement.


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(C) Require that manufactured homes being placed or substantially improved on

sites in an existing manufactured home park or subdivision within zones A1-

30, AH and AE on the community’s FIRM that are not subject to the

provisions of subsection (4) of this section be elevated so that either:

(i) The lowest floor of the manufactured home is at or above the base flood

elevation plus 1 foot; or

(ii) The manufactured home chassis is supported by reinforced piers or other

foundation elements of at least equivalent strength that are no less than

36 inches in height above grade and be securely anchored to an

adequately anchored foundation system to resist flotation, collapse, and

lateral movement.

(5) Recreational vehicles. Require that recreational vehicles placed on sites within zones

A1-30, AH, and AR on the community’s FIRM either:

(A) Be on the site for fewer than 180 consecutive days;

(B) Be fully licensed and ready for highway use; or

(C) Meet the permit requirements of section 4.05.043(a), and the elevation and

anchoring requirements for “manufactured homes” in subsection (4) of this

section.

A recreational vehicle is ready for highway use if it is on its wheels or jacking

system, is attached to the site only by quick-disconnect type utilities and security

devices, and has no permanently attached additions.

Sec. 4.05.073 Standards for subdivision proposals

(a) All subdivision proposals, including the placement of manufactured home parks and

subdivisions, shall be consistent with sections 4.05.002, 4.05.003, and 4.05.004 of this article.

(b) All proposals for the development of subdivisions, including the placement of

manufactured home parks and subdivisions, shall meet the floodplain development permit

requirements of section 4.05.008 and section 4.05.043, and the provisions of division 3 of this

article.

(c) Base flood elevation data shall be generated for subdivision proposals and other proposed

development, including the placement of manufactured home parks and subdivisions, which is

greater than 50 lots or 5 acres, whichever is lesser, if not otherwise provided pursuant to section

4.05.007 or section 4.05.042(8) of this article.

(d) All subdivision proposals, including the placement of manufactured home parks and

subdivisions, shall have adequate drainage provided to reduce exposure to flood hazards.

(e) All subdivision proposals, including the placement of manufactured home parks and

subdivisions, shall have public utilities and facilities such as sewer, gas, electrical and water

systems located and constructed to minimize or eliminate flood damage.


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Sec. 4.05.074 Standards for areas of shallow flooding (AO/AH zones)

Located within the areas of special flood hazard established in section 4.05.007 are areas

designated as shallow flooding. These areas have special flood hazards associated with flood

depths of 1 to 3 feet where a clearly defined channel does not exist, where the path of flooding is

unpredictable, and where velocity flow may be evident. Such flooding is characterized by

ponding or sheet flow; therefore, the following provisions apply:

(1) All new construction and substantial improvements of residential structures have the

lowest floor (including basement) elevated to or above the base flood elevation or the

highest adjacent grade at least as high as the depth number specified in feet on the

community’s FIRM (at least 2 feet if no depth number is specified); or

(2) All new construction and substantial improvements of nonresidential structures:

(A) Have the lowest floor (including basement) elevated to or above the base flood

elevation or the highest adjacent grade at least as high as the depth number

specified in feet on the community’s FIRM (at least two feet if no depth

number is specified); or

(B) Together with attendant utility and sanitary facilities be designed so that below

the base specified flood depth in an AO zone, or below the base flood elevation

in an AH zone, level the structure is watertight with walls substantially

impermeable to the passage of water and with structural components having the

capability of resisting hydrostatic and hydrodynamic loads of [and] effects of

buoyancy.

(3) A registered professional engineer or architect shall submit a certification to the

floodplain administrator that the standards of this section, as proposed in section

4.05.043, are satisfied.

(4) Require within zone AH or AO adequate drainage paths around structures on slopes,

to guide floodwaters around and away from proposed structures.


adopting Code)

ARTICLE 4.06 OUTBUILDINGS

Sec. 4.06.001 Definition

For the purposes of this article, an “outbuilding” shall mean a structure other than a primary

residence that is detached from such residence and is constructed or placed on a lot in the village

for any purpose, including but not limited to a storage shed or other similar shed or similar

structure. (Ordinance 2007-05-01 adopted 5/7/07)


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this article and the codes adopted by this article as may be required by governing law. Any person

violating any provision of this article or the codes herein adopted is subject to suit for injunctive

relief as well as prosecution for criminal violations. Any violation of this article is hereby

declared to be a nuisance.

(b) Criminal prosecution. Any person violating any provision of this article or the codes herein

adopted shall, upon conviction, be fined a sum in accordance with the general penalty provided in

section 1.01.009 of this code. Each day that a provision of this article is violated shall constitute a

separate offense. An offense under this article is a misdemeanor.

(c) Civil remedies. Nothing in this article shall be construed as a waiver of the village’s right to

bring a civil action to enforce the provisions of this article and the codes herein adopted, and to

seek remedies as allowed by law, including but not limited to the following:

(1) Injunctive relief to prevent specific conduct that violates this article or to require

specific conduct that is necessary for compliance with this article;

(2) A civil penalty up to $1000.00 a per day when it is shown that the defendant was

actually notified of the provisions of this article and after receiving notice committed

acts in violation of this article or failed to take action necessary for compliance with

this article; and


(Ordinance 2007-05-01 adopted 5/7/07; Ordinance adopting Code)

Sec. 4.06.003 Outbuildings prohibited for new residences

Residences constructed after the effective date of this article shall be designed in a manner that

addresses all functions of outbuildings as an integral part of the design of the residence. A permit

may not be issued for an outbuilding for a residence for which a building permit is issued after the

effective date of this article. (Ordinance 2007-05-01 adopted 5/7/07)

Sec. 4.06.004 Permit

(a) Required. Before a person may construct or place an outbuilding on a lot containing a

primary residence within the village, he or she must apply for and receive a permit for that

purpose from the village building official/assistant building official or his/her designee.

(b) Application. The person desiring to construct or place an outbuilding shall complete and

submit an application provided by the building official/assistant building official or his/her

designee that will describe or depict the proposed outbuilding sufficiently to allow the building

official/assistant building official or his/her designee to determine if it will comply with the

standards contained in this article. Detailed construction drawings, exterior elevation drawings

Commented [ZE7]: Recommend allowing for max civil

fine. (See LGC 54.017.)


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and specifications for color and materials must accompany the completed application. The

drawings must indicate how the proposed improvement will relate architecturally to the existing

residence. Inspections and a refundable compliance deposit may also be required.

(Ordinance 2007-05-01 adopted 5/7/07; Ordinance adopting Code)

Sec. 4.06.005 Design and construction standards; usage and occupancy

(a) General standards. Outbuildings shall be constructed to conform to the general appearance,

coloration, and construction material of the primary residence located on the lot or lots where the

outbuilding will be located. Exterior walls should be constructed of the same material or materials

used in the construction of the exterior of the primary residence or should be painted or stained to

assume the same appearance as the primary residence.

(b) Detailed standards. The detailed standards for the outbuilding are as follows:

(1) Materials. Outbuildings shall be constructed of materials similar in appearance and

color (subsection (a) of this section includes a reference to coloration) to the main

dwelling. Cogitated [Corrugated] sheetmetal siding and roofing are expressly

prohibited.

(2) Floor area. The floor area of an outbuilding shall not exceed the lesser of 200 square

feet, or 10% of the main structure area.

(3) Attachment or connection to main dwelling. All outbuildings must attach to the main

dwelling or must be connected by a covered walkway or covered breezeway.

(4) Permit required; compliance with building code. All construction of outbuildings

requires the issuance of a building permit from the village. All construction shall

meet the building code requirements of the village.

(5) Location. Outbuildings shall be located according to the most restrictive of the

following:

(A) In the rear portion of the lot, behind the rear building line of the main dwelling.

(B) If on a corner, no closer to a street than the main dwelling.

(C) In compliance with the setbacks requirement required by the deed restrictions

of the lot.

(6) Maximum height.

(A) The maximum height of the outbuilding is measured from the peak of the roof

of the outbuilding to grade level.

(B) The maximum height shall be 10 feet, or 50 percent of the height of the peak of

the roof of the main dwelling, whichever is lower.

(C) The maximum height of a side wall of an outbuilding shall not exceed 8 feet.


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(7) Additional requirements.

(A) Building area. The building area of an outbuilding shall not exceed the lesser of

200 square feet or 10% of the main structure area.

(B) Site plan. The applicant shall submit a fully dimensioned site plan, showing the

location and the dimensions of the outbuilding, the property lines, easements

and all structures within 100 feet of the property line. The sketch shall include

a depiction of the size and location of all doors in the outbuilding.

(C) Eaves. The eaves shall overhang the exterior walls by no less than 1 foot and

no more than 3 feet.

(8) Usage and occupancy. Outbuildings shall not be used for accessory dwellings; they

should be for personal storage purposes only.



A person whose application for an outbuilding permit is denied by the building official/assistant

building official or his/her designee may appeal the decision to the village council by asking that

the appeal be placed upon the agenda for a regular village council meeting occurring within thirty

(30) days of the date the building official/assistant building official or his/her designee denied the

application. (Ordinance 2007-05-01 adopted 5/7/07; Ordinance adopting Code)

ARTICLE 4.07 BUILDING HEIGHT AND ANTENNA FACILITIES

Sec. 4.07.001 Title

This article may commonly be referred to as the village’s building height and antenna facilities

ordinance. (Ordinance 2003-07-01, sec. 2, adopted 7/1/03)



and general welfare within the village through the regulation of the height of buildings and other

structures and the regulation of antenna facilities. The purpose of this article is to provide for a

limitation on the maximum height of new and modified buildings and other structures and the

orderly siting, placement, construction and modification of antenna facilities within the

incorporated municipal boundaries (i.e., city limits) of the village. This article is intended to serve

as a comprehensive ordinance that will adequately and equitably regulate the height of buildings

and other structures and will regulate antenna facilities. The village seeks to deter the

proliferation of overly tall buildings and other structures in the scenic lakeside community and

encourage co-location or stealth towers when new antenna facilities are necessary. (Ordinance

2003-07-01, sec. 3, adopted 7/1/03)


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Sec. 4.07.003 Applicability

(a) New antenna facilities. All antenna facilities constructed or erected after the effective date

of this article within the corporate limits of the village are subject to these regulations, except as

provided in section (b) below.

(b) Pre-existing antenna facilities. Antenna facilities lawfully constructed prior to the effective

date of this article shall not be required to meet the requirements of this article unless they

become more than sixty percent (60%) damaged or modifications exceed sixty percent (60%) of

the value of the antenna or tower. Pre-existing towers or antennas that do not comply with this

article shall be regarded as nonconforming uses. Co-locations are included under this exception.

(c) New and modified buildings and other structures. Buildings and other structures

constructed, erected, or modified after the effective date of this article within the corporate limits

of the village.



(a) General provisions. Words and phrases used in this article shall have the meanings set forth

in this section. Words and phrases which are not defined in this article but are defined in other

ordinances of the village shall be given the meanings set forth in those ordinances. Other words

and phrases shall be given their common, ordinary meaning unless the context clearly requires

otherwise. Headings and captions are for reference purposes only, and shall not be used in the

interpretation of this article.

(b) Specific definitions.

Accessory building (business or industry). In the nonresidential districts, a subordinate building to

the main building that does not exceed the height of the main building and does not exceed fifty

percent (50%) of the floor area of the main building, and that is used for purposes accessory and

incidental to the main use (see “Accessory use”).

Accessory building (residential). In a residential district, a subordinate building that is attached or

detached and is used for a purpose that is customarily incidental to the main structure but not

involving the conduct of a business. The building area must be significantly less than that of the

main structure. Examples may include, but are not limited to, the following: a private garage for

automobile storage, tool shed, greenhouse as a hobby, home workshop, children’s playhouse,

storage building or garden shelter.

Accessory use. A use that is customarily incidental, appropriate and subordinate to the principal

use of land or building(s) and that is located upon the same lot therewith. The land and building

area that is used for the accessory use must be significantly less than that used for the primary

use, and the gross receipts that are derived from the accessory use must be significantly less than

that derived from the primary use.


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Antenna. Any apparatus designed for the transmitting and/or receiving of electromagnetic waves

that includes but is not limited to telephonic, radio, or television communications. Types of

antennas include, but are not limited to, omni-directional antennas; personal wireless service

facilities; sectorized or panel antennas; multi or single bay antennas; and yagi, dipole, or

parabolic antennas.

Antenna array. A single or group of antennas and their associated mounting hardware,

transmission lines, or other appurtenances that share a common attachment device such as a

mounting frame or mounting support.

Antenna facilities. Any antenna and antenna-supporting structure, personal wireless service

facilities, tower, or other vertical projection composed of metal or other substances, with or

without foundation, that is for the express purpose of accommodating antennas at a desired height

above grade, or related unmanned equipment building. This term includes amateur radio antennas

and receive-only antennas over twenty-five (25) feet in height.

Building. A roofed, walled, or roofed and walled structure intended for human or animal

occupation or for decorative purposes, including but not limited to a house, office, warehouse,

store, shop, garage, carport, school, factory, apartment complex, church, steeple, monument, or

similar edifice, whether intended to be permanent or temporary, regardless of construction

material.

Commercial mobile service. Any mobile service (as defined by 47 U.S.C. section 153) that is

provided for profit and makes interconnected service available:

(1) To the public; or

(2) To such classes of eligible users as to be effectively available to a substantial portion

of the public, as specified by regulation by the FCC.

FAA. The Federal Aviation Administration, or a successor agency having jurisdiction over

antenna facilities.

FCC. The Federal Communications Commission, or a successor agency having jurisdiction over

antenna facilities.

Height.

(1) When referring to an antenna facility regulated by this article, the distance measured

from the natural or finish grade (ground) to the highest point on the tower or

structure, including the base pad and any antenna facilities.

(2) When referring to a structure regulated by this article, the distance measured from the

highest parapet or roof ridge to the natural or finish grade (ground) at the lowest point

adjacent to the building exterior, whichever yields the greatest height.


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Nonconforming use. A structure or an antenna facility that lawfully predated the adoption of this

article and any accompanying regulations that prohibit or restrict such use, structure, or antenna

facility.

OSHA. The federal Occupational Safety and Health Administration, or a successor agency having

comparable jurisdiction.

Person. Any human individual or corporation, organization, government or governmental

subdivision or agency, business trust, estate, trust, partnership, association, and any other legal

entity.

Personal wireless services. Commercial mobile services, unlicensed wireless services, and

common carrier wireless exchange access services.

Personal wireless service facilities. Facilities for the provision of personal wireless services.

Receive-only antenna. Any tower or antenna that is used exclusively for reception only, including

local television broadcast reception antennas, direct satellite antennas, or multi -channel

multipoint distribution services.

Stealth antenna facility. An antenna facility that is not readily visible or identifiable as such, and

is designed to be aesthetically compatible with existing and proposed uses on a site. A stealth

antenna facility may have a secondary function such as a church steeple, bell tower, spire, clock

tower, water tower, utility pole, light standard, flagpole or tree, for example.

Structure. Any man-made edifice that does not meet the definition of building, tower, or antenna

facility contained herein but which is otherwise determined by the village council to be of a

character or height that this article was designed and intended to regulate.

Tower. Any structure that is designed and constructed primarily for the purpose of supporting one

or more antennas, including the following:

(1) Monopole antenna. A self-supporting pole type structure with no guy wire support,

tapering from base to top and so designed to support fixtures which hold one or more

antennas and related equipment for wireless telecommunication transmission;

(2) Lattice antenna. A steel lattice, self-supporting structure with no guy wire support, so

designed to support fixtures which hold one or more antennas and related equipment

for wireless communication transmission; or

(3) Guyed lattice antenna. A steel lattice, guy wire supported structure, so designed to

support fixtures which hold one or more antennas and related equipment for wireless

communication transmission.

Unlicensed wireless service. The offering of telecommunications services using duly authorized

devices which do not require individual licenses, but does not mean the provision of direct-to-

home satellite services (as defined in 47 U.S.C. section 303(v)).


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Unmanned equipment building. An accessory building housing electronic and communication

equipment as an associated and permitted part of an antenna facility.

Village. The Village of Point Venture. The term may also refer to employees, agents or other

designees of the village council.

Village council or council. The governing body (i.e., board of aldermen) of the village.


Sec. 4.07.005 Provisions cumulative

The provisions of this article are to be cumulative of all other ordinances or parts of ordinances;

provided, however, that all prior ordinances or parts of ordinances inconsistent with or in conflict

with any of the provisions of this article are hereby expressly repealed to the extent of any such

inconsistency or conflict. (Ordinance 2003-07-01, sec. 12, adopted 7/1/03)


(a) Civil and criminal penalties. The village shall have the power to administer and enforce the

provisions of this article as may be required by governing law. Any person violating any

provision of this article is subject to suit for injunctive relief as well as prosecution for criminal

violations. Any violation of this article is hereby declared to be a nuisance.

(b) Criminal prosecution. Any person violating any provision of this article shall, upon


this code. Each day that a provision of this article is violated shall constitute a separate offense.

An offense under this article is a misdemeanor.


bring a civil action to enforce the provisions of this article and to seek remedies as allowed by

law, including but not limited to the following:



(2) A civil penalty up to one hundred thousand dollars ($1000.00) a day when it is shown

that the defendant was actually notified of the provisions of this article and, after

receiving notice, committed acts in violation of this article or failed to take action

necessary for compliance with this article; and



Sec. 4.07.007 Conditional use permit for antenna facilities

(a) Conditional use permit required. It shall be unlawful for any person to erect, construct in

place, place or re-erect, or replace any antenna facility without first making application to and

securing a conditional use permit from the village, as hereinafter provided.

Commented [ZE8]: Recommend changing to the max

permitted by statute. (See LGC 54.017.)


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(b) Exceptions. Conditional use permits are not required for:

(1) Adjustment, replacement or repair of the elements of an antenna array affixed to an

antenna facility, provided that replacement does not reduce the safety factor.

(2) Antenna facilities erected temporarily for test purposes, for emergency

communication, or for broadcast remote pickup operations. Temporary antennas shall

be removed within seventy-two (72) hours following installation.

(3) The installation of receive-only or amateur radio antennas less than twelve (12) feet

above the peak of the roof of a building.

(4) Any ground-mounted receive-only or amateur radio antennas less than twenty-five

(25) feet in height.

(5) Co-location of additional antennas on existing antenna facilities that have obtained

the necessary village permits or are nonconforming uses.

(c) Application. The applicant shall provide at the time of application sufficient information to

indicate that construction, installation, and maintenance of the antenna facility will not create a

safety hazard or damage to the property of other persons. In addition to the information required

elsewhere in this article, conditional use permit applications for antenna facilities shall include the

following information:

(1) A report from a qualified and licensed professional engineer which:

(A) Describes the antenna facility height and design, including a cross-section and

elevation;

(B) Documents the height above grade for all potential mounting positions for co-

located antenna facilities and the minimum separation distances between

antenna facilities;

(C) Describes the antenna facility’s capacity, including the number and type of

antennas that it can accommodate;

(D) Documents what steps the applicant will take to avoid interference with

established public safety telecommunications;

(E) Includes an engineer’s stamp and registration number;

(F) Includes other information necessary to evaluate the request; and

(G) Prior to the installation of a roof-mounted antenna, the village shall be provided

with an engineer’s certification that the roof will support the proposed antenna

facility and associated roof-mounted equipment or that adequate modifications

will be made to reinforce the roof.


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(2) For all antenna facilities, a letter of intent committing the owner and his or her

successors to allow the shared use of the facility if an additional user agrees in

writing to meet reasonable terms and conditions for shared use and shared use will

not unreasonably interfere with use by the existing user.

(3) Before the issuance of a conditional use permit, the following supplemental

information shall be submitted:

(A) Proof that the applicant has sought the necessary authorization from the FAA

and FCC, as applicable.

(B) A report from a qualified and licensed professional engineer which

demonstrates the antenna facility’s compliance with structural and electrical

standards.

(4) Documentation of the applicant’s mitigation plan, which at a minimum shall include

proposed landscaping, screening and security measures.

(5) Lists of other tower facilities owned or operated by the applicant within the village

and Travis County.

(d) Fees.

(1) The fee to be paid for conditional use permit applications and inspections is that

prescribed by the village council.

(2) In addition to the fee specified above, the applicant shall reimburse the village for the

actual cost to the village for the services of an engineer should an engineer be

required to review the application and provide engineering expertise to the village, up

to a maximum of five thousand dollars ($5,000.00).

(e) Review schedule. The village shall review, consider, and take action upon an application

for a conditional use permit within sixty (60) days of receipt of a complete application unless

postponement is requested by the applicant.

(f) Expiration of permits. Conditional use permits issued under this section shall expire in

twelve (12) months if the project is not completed. In determining whether the facility is

complete, the opinion of the village’s engineer shall be definitive. It shall be unlawful for a

person to continue construction on an antenna facility after the applicable permit has expired.

Applicants may request in writing that the village grant an extension for no more than six (6)

months.


Sec. 4.07.008 Standards for antenna facilities

(a) General standards. All antenna facilities erected, constructed, placed or sited within the

village, and all wiring therefor, shall comply with the following requirements:

(1) All applicable provisions of this article.


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(2) Antenna facilities shall be certified by a qualified and licensed professional engineer

to conform to the latest structural standards and wind loading requirements of the

village commercial building code.

(3) Antenna facilities shall be designed to conform to accepted electrical engineering

methods and practices and to comply with the provisions of the National Electrical

Code.

(4) All signal and remote control conductors of low energy extending substantially above

the ground, between an antenna facility and a structure, or between towers, shall be at

least eight (8) feet above the ground at all points, unless buried underground.

(5) Every tower affixed to the ground shall be protected to discourage climbing of the

antenna facility by unauthorized persons. Such protection may include but is not

limited to signage and security fencing.

(6) All antenna facilities shall be constructed to conform to requirements of OSHA.

(b) Number of antenna facilities. Only one (1) antenna facility shall exist at any one time on

any one lot or parcel located in a residential area, as established by village regulations or by the

Point Venture Property Owners Association and related restrictive covenants and/or deed

restrictions.

(c) Design requirements. Proposed or modified antenna facilities shall meet the following

design requirements:

(1) A site plan demonstrating the surrounding topography and existing structures, tree

cover, and vegetation. The site plan shall also include proposed landscaping and

screening measures designed to minimize the adverse impacts of the antenna facility

on adjacent properties and scenic views.

(2) Design plans explaining the applicant’s plans to construct, paint, or architecturally

camouflage the antenna facility so to minimize the adverse impacts of the antenna

facility on adjacent properties and scenic views.

(d) Setbacks. Antenna facilities shall conform with each of the following minimum setback

requirements:

(1) The required setback for antenna facilities not rigidly attached to a building shall be

equal to the cumulative height of the antenna and tower.

(2) No antenna facilities shall be in excess of a height equal to the distance from the base

of the antenna and tower to the nearest overhead electrical power line which serves

more than one dwelling or place of business, less five (5) feet.

(3) At a minimum, antenna facilities shall meet the setbacks of the underlying zoning

district, with the exception of industrial zoning districts, where towers may encroach

into the rear setback area, provided that the rear property line abuts another

industrially zoned property and the tower does not encroach upon any easements.


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(4) Antenna facilities shall be set back from the planned public rights-of-way as shown

on applicable deeds or survey by a minimum distance equal to one-half of the height

of the tower including all antennas and attachments.

(5) Antenna facilities shall not be located between a principal structure and a public

street, with the following exceptions:

(A) In industrial zoning districts, towers may be placed within a side yard abutting

an internal industrial street.

(B) On sites adjacent to public streets on all sides, antenna facilities may be placed

within a side yard abutting a local street.

(C) An antenna facility’s setback may be reduced or its location in relation to a

public street varied, at the sole discretion of the village, to allow the integration

of a tower into an existing or proposed structure such as a church steeple, light

standard, power line support device, or similar structure.

(e) Height. All proposed antenna facilities shall comply with the following height restrictions:

(1) In general, the maximum [height] of any antenna facility, including all attachments,

shall be seventy-five (75) feet;

(2) In residential areas and upon those lots immediately adjacent to residences, the

maximum height of any antenna facility, including all antennas and other

attachments, shall not exceed one (1) foot for each four (4) feet the tower is set back

from adjoining residential property up to a maximum height of sixty (60) feet.

(3) In all other areas, the maximum height of any antenna facility, including all

attachments, shall not exceed one (1) foot for each two (2) feet the tower is set back

from residential property up to a maximum height of one hundred fifty (150) feet.

(f) Illumination; platforms or similar structures. No antenna facilities in any residential zoning

district shall have affixed or attached in any way except during times of repair or installation any

lights, reflectors, flashers, or other illuminating device, except as required by the FAA, nor shall

any tower have constructed thereon, or attached thereto, in any way, any platform, catwalk,

crow’s nest, or like structure, except during periods of construction or repair.

(g) Signs and advertising.

(1) Prohibited signs. The use of any portion of an antenna facility for signs other than

identification, warning or equipment information signs is prohibited.

(2) Identification sign. An antenna facility must bear a sign identifying the owner of the

antenna facility and providing an emergency telephone number. The sign must be no

smaller than one (1) square foot and must be located outside the facility in a location

clearly visible from the adjacent public right-of-way.


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(h) Accessory utility buildings. All utility buildings and structures necessary to an antenna

facility shall be architecturally designed to blend in with the surrounding environment and shall

meet the minimum setback requirements of all deed restrictions. Ground-mounted equipment

shall be screened from view by suitable vegetation, except where a design of non-vegetative

screening better reflects and complements the architectural characte r of the surrounding

neighborhood.

(i) Abandoned or unused towers or portions of antenna facilities. All abandoned or unused

antenna facilities and associated facilities shall be removed within twelve (12) months of the

cessation of operations at the site unless a time extension is approved by the village. A copy of

the relevant portions of a signed lease which requires the applicant to remove the tower and

associated facilities upon cessation of operations at the site shall be submitted at the time of

application for a conditional use permit. In the event that an antenna facility is not removed

within twelve (12) months of the cessation of operations at a site, the antenna facility and

associated structures may be removed by the village and the costs of removal assessed against the

property.

(j) Antennas mounted on roofs, walls and existing towers. The placement of wireless

telecommunication antennas or antenna facilities on roofs, walls, and existing towers may be

approved by the village, provided the antenna facilities meet the requirements of this article and

any applicable deed restrictions or restrictive covenants.

(k) Interference with public safety telecommunications. No new or existing

telecommunications service shall interfere with public safety telecommunications. All

applications for new service shall be accompanied by an intermodulation study which provides a

technical evaluation of existing and proposed transmissions and indicates all potential

interference problems. Before the introduction of new service or changes in existing service,

telecommunication providers shall notify the village at least ten calendar days in advance of such

changes and allow the village to monitor interference levels during the testing process.

(l) Inspections. At the village’s option, all antenna facilities may be inspected at least once

each year by a designated official of the village to determine compliance with original

construction standards. Deviation from original construction for which a permit is obtained

constitutes a violation of this article.


Sec. 4.07.009 Co-location requirements for antenna facilities; stealth facilities

(a) Co-location required. All antenna facilities erected, constructed, or located within the

village shall comply with the following requirements:

(1) An application for a conditional use permit for a new antenna facility shall not be

approved unless the village finds that the equipment planned for the proposed

antenna facility cannot be accommodated on an existing or approved tower or

building within a one mile search radius (one-half mile search radius for towers under


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one hundred twenty (120) feet in height, one-quarter mile search radius for towers

under eighty (80) feet in height) of the proposed tower due to one or more of the

following reasons:

(A) The planned equipment would exceed the structural capacity of the existing or

approved antenna facility or building, as documented by a qualified and

licensed professional engineer, and the existing or approved antenna facility

cannot be reinforced, modified, or replaced to accommodate planned or

equivalent equipment at a reasonable cost.

(B) The planned equipment would cause interference with or would materially

impact the usability of other existing or planned equipment at the existing

antenna facility or building as documented by a qualified and licensed

professional engineer, and the interference or material impact cannot be

prevented at a reasonable cost.

(C) Existing or approved towers and buildings within the search radius cannot

accommodate the planned equipment at a height necessary to function

reasonably as documented by a qualified and licensed professional engineer.

(D) Other unforeseen reasons that make it unfeasible to locate the planned

equipment upon an existing or approved tower or building.

(b) Additional capacity required. Any proposed antenna facility must be designed, structurally,

electrically, and in all respects, to accommodate both the applicant’s antennas and comparable

antennas for at least two (2) additional users if the tower is over one hundred (100) feet in height

or for at least one (1) additional user if the tower is over sixty (60) feet in height. Towers must be

designed to allow for future rearrangement of antennas upon the tower and to accept antennas

mounted at varying heights.

(c) Stealth antenna facilities encouraged. CUP applications requesting authorization for stealth

antenna facilities will be given expedited consideration by the village because of the reduced

impact of such structures on the community.


Sec. 4.07.010 Receive-only antenna facilities

Receive-only antennas shall be considered as permissible accessory uses in all areas of the village

and shall be permitted in accordance with the regulations for detached accessory structures,

provided that the proposed antenna conforms to applicable deed restrictions and restrictive

covenants. (Ordinance 2003-07-01, sec. 10, adopted 7/1/03)

Sec. 4.07.011 Variances

(a) In order to reasonably accommodate new buildings, structures, and antenna facilities, the

village council is authorized in specific cases to issue a variance from the strict and literal terms

of this article if the council makes specific written findings as follows:

(1) The variance is not contrary to the public interest;


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(2) Due to special conditions, a literal enforcement of this article would result in

unnecessary hardship; and

(3) The spirit of this article will be observed and substantial justice will be done.

(b) Any entity that desires to construct, erect, or modify a building or other structure or to erect

or utilize antenna facilities that would otherwise be prohibited by this article or other regulations

of the village may apply for a variance under this section. The village council, upon making the

written findings described in subsection (a) above, or upon a showing that strict application of the

regulation would prohibit or have the effect of prohibiting personal wireless services as defined

by federal law, or upon finding that failure to grant the variance would unreasonably fail to

accommodate amateur radio communications, may vary the subject regulation, consistent with

the spirit and intent of this article, to the extent necessary to relieve the unnecessary hardship or

prevent the prohibition.

(c) Expiration of variances. Variances granted under this section shall expire in twelve (12)

months if the project is not at least fifty percent (50%) completed. In determining the level of

completion, the opinion of the village’s engineer shall be definitive. It shall be unlawful for a

person to continue construction on an antenna facility after the applicable variance has expired.

Applicants may request in writing that the village grant an extension for no more than six (6)

months.


5-1

CHAPTER 5

BUSINESS REGULATIONS

[This chapter reserved for future use.]

CHAPTER 6

FIRE PREVENTION AND PROTECTION

ARTICLE 6.01 GENERAL PROVISIONS ........................................................................................

ARTICLE 6.02 FIREWORKS ..............................................................................................................

6-7

6-7

Sec. 6.02.001 Purpose ............................................................................................. 6-7

Sec. 6.02.002 Definitions ........................................................................................ 6-7

Sec. 6.02.003 Enforcement; penalties ............................................................................. 6-8

Sec. 6.02.004 Sale, manufacture, possession or use prohibited .................................... 6-8

Sec. 6.02.005 Exceptions ........................................................................................ 6-8

[Next page is 6-7.]


6-7


(Reserved)

ARTICLE 6.02 FIREWORKS†


This article is adopted so that the village council may promote the public health, safety, morals,

and general welfare within the village through the prohibition of the sale, manufacture,

possession, use, or combustion of fireworks. By prohibiting the sale, manufacture, possession,

use, or combustion of fireworks, the village council seeks to prevent bodily injury, death, and the

loss or damage of property within the village limits. (Ordinance 2001-06-01, sec. II, adopted

6/4/01)







Explosives means any gunpowders, blasting materials, or any other chemical compounds or

mechanical mixtures containing any oxidizing or combustible ingredients in such proportions that

may or have [sic] the capability to cause an explosion. The term “explosives” shall not include

signaling devices or emergency equipment. The term “explosives” shall also not apply to

ammunition designed to be fired from a handgun, rifle, or shotgun held by the hand or to the

shoulder; explosive materials or ingredients possessed by any employee of a village police

department, county sheriff, or federal or state government, provided that such materials or

ingredients are to be used for the purpose of law enforcement; or flammable liquids or other

explosive materials or ingredients already regulated by the state or federal government.

Fireworks means any firecrackers, cannon charges, skyrockets, missiles, showers, roman candles,

sparklers, spinning discs, star shells, torpedoes, squibs, stick rockets, jumping jacks, M-60’s, M-

80’s, smoke bombs, or any other substance which is intended for use in creating a visible or

audible pyrotechnic display, and such term shall include all articles or substances within the

meaning of fireworks, whether herein specifically named, designated, or defined or not.

* State law references–Municipal fire protection, V.T.C.A., Local Government Code, sec. 342.001 et seq.;

authority of city to establish fire regulations, V.T.C.A., Local Government Code, sec. 342.003.

† State law references–Authority of municipality to regulate the use of fireworks, V.T.C.A., Local

Government Code, sec. 342.003; fireworks and fireworks displays, V.T.C.A., Occupations Code, ch. 2154;

authority of city to prohibit or further regulate fireworks, V.T.C.A., Occupations Code, sec. 2154.004.


6-8

Person means and includes any natural person, association of persons, partnership, corporation,

agent, or officer of a corporation, and shall also include all warehousemen, common and private

carriers, bailees, trustees, receivers, executors, and administrators.

Village limits means the municipal boundaries of the village.

(Ordinance 2001-06-01, sec. III, adopted 6/4/01)











bring a civil action to enforce the provisions of this article and to seek the remedies as allowed by




(2) A civil penalty up to $500.00 per day when it is shown that the defendant was



this article; and


(Ordinance 2001-06-01, sec. VII, adopted 6/4/01; Ordinance adopting Code)

Sec. 6.02.004 Sale, manufacture, possession or use prohibited

It shall be unlawful for any person to sell, manufacture, keep or possess, use, or ignite or cause

the combustion of fireworks of any kind or description within the village limits. (Ordinance 2001-

06-01, sec. IV, adopted 6/4/01)

Sec. 6.02.005 Exceptions

Section 6.02.004 of this article shall not apply to such person or persons who have obtained the

express written consent of the village council to engage in the use or combustion of fireworks as

part of a public or private festival or holiday display. Persons wishing to become duly authorized

for this purpose must, prior to authorization, comply with any and all licensing or permitting

requirements. (Ordinance 2001-06-01, sec. V, adopted 6/4/01)

7-1

CHAPTER 7

HEALTH AND SANITATION

ARTICLE 7.01 GENERAL PROVISIONS ........................................................................ ARTICLE 7.02 FOOD ESTABLISHMENTS ....................................................................

Division 1. Generally ......................................................................................................

7-7

7-7

7-7

Sec. 7.02.001 Adoption of state rules .............................................................. 7-7

Sec. 7.02.002 Definitions .......................................................................... 7-7

Sec. 7.02.003 Enforcement; penalty ................................................................ 7-7

Sec. 7.02.004 Certified food manager ............................................................. 7-8

Division 2. Permit ........................................................................................................... 7-8

Sec. 7.02.031 Required; exceptions ................................................................. 7-8

Sec. 7.02.032 Application; renewal; fee; inspections ..................................... 7-8

Sec. 7.02.033 Review of plans ......................................................................... 7-9

Sec. 7.02.034 Suspension ......................................................................... 7-9

Sec. 7.02.035 Revocation ......................................................................... 7-10

Sec. 7.02.036 Administrative procedures ........................................................ 7-10

ARTICLE 7.03 PUBLIC SWIMMING POOLS ................................................................ 7-10

Division 1. Generally ...................................................................................................... 7-10

Sec. 7.03.001 Adoption of state rules .............................................................. 7-10

Sec. 7.03.002 Definitions .......................................................................... 7-11

Sec. 7.03.003 Enforcement; penalty ................................................................ 7-11

Division 2. Permit ........................................................................................................... 7-11

Sec. 7.03.031 Required ............................................................................. 7-11

Sec. 7.03.032 Application; renewal; fee; inspections ..................................... 7-12

Sec. 7.03.033 Review of plans ......................................................................... 7-12

Sec. 7.03.034 Suspension ......................................................................... 7-12

Sec. 7.03.035 Revocation ......................................................................... 7-13

Sec. 7.03.036 Administrative procedures ........................................................ 7-13

ARTICLE 7.04 LITTER CONTROL AND LOT MAINTENANCE ............................. 7-14

Sec. 7.04.001 Purpose ............................................................................... 7-14

Sec. 7.04.002 Definitions .......................................................................... 7-14

Sec. 7.04.003 Enforcement; penalties .............................................................. 7-15

Sec. 7.04.004 Litter prohibited ......................................................................... 7-15

Sec. 7.04.005 Litter reporting ........................................................................... 7-16

Sec. 7.04.006 Litter removal ............................................................................ 7-16

Sec. 7.04.007 Lot maintenance program and limb chipping service............. 7-16

ARTICLE 7.05 HIGH GRASS AND WEEDS ................................................................... 7-17

Sec. 7.05.001 Prohibited ........................................................................... 7-17

Sec. 7.05.002 Duty to cut and remove ............................................................. 7-17

Sec. 7.05.003 Notice to cut and remove .......................................................... 7-17

Sec. 7.05.004 Cutting and removal by city; lien for city’s expenses ............. 7-18

Sec. 7.05.005 Additional authority to abate dangerous weeds ...................... 7-19

Sec. 7.05.006 Penalty ................................................................................ 7-19

[Next page is 7-7.]


7-7


(Reserved)

ARTICLE 7.02 FOOD ESTABLISHMENTS†


Sec. 7.02.001 Adoption of state rules

The village adopts by reference the provisions of the Texas Food Establishment Regulations of

the state board of health which are found in 25 Texas Administrative Code, chapter 228,

regarding the regulation of food establishments in this jurisdiction, as such rules currently exist,

and as they are amended from time to time. (Ordinance 2004-07-01, sec. 1.101, adopted –/–/04;

Ordinance adopting Code)


Authorized agent or employee. An employee of the village, a representative of the village

designated by the village council, or an employee of the City of Austin acting as an agent of the

village pursuant to an interlocal agreement between the village and the City of Austin.

Food establishment. A restaurant, cafe, cafeteria or similar establishment, the primary purpose of

which is to sell food and meals to the public, operating either seasonally or year-round.

State rules. The Texas Food Establishment Regulations found at 25 Texas Administrative Code,

chapter 228.

Village. The Village of Point Venture. Any reference herein to the village shall mean the village

council or a person designated by the village council to perform the duties or exercise the

authority provided for in this article.

(Ordinance 2004-07-01, sec. 1.102, adopted –/–/04; Ordinance adopting Code)

Sec. 7.02.003 Enforcement; penalty

(a) Any violation of this article shall be punished by a fine in accordance with the general

penalty provided in section 1.01.009 of this code per day, subject to applicable state law. Each

day a violation occurs constitutes a separate violation.

* State law references–Authority to enforce laws to protect public health, V.T.C.A., Health and Safety

Code, sec. 121.003; local regulation of sanitation, V.T.C.A., Health and Safety Code, ch. 342; minimum

standards of sanitation and health protection, V.T.C.A., Health and Safety Code, ch. 341.

† State law reference–Regulation of food service establishments, retail food stores, mobile food units, and

roadside food vendors, V.T.C.A., Health and Safety Code, sec. 437.001 et seq.


7-8

(b) The village may authorize its attorney to initiate appropriate actions in a court of competent

jurisdiction to enforce the provisions of this article or to enjoin such violations which occur

within the village or any area subject to all or part of the provisions in this article. Prosecution or

conviction under this provision shall not be a bar to any other remedy or relief for violations of

this article.


Sec. 7.02.004 Certified food manager

Each commercial, permanently located food establishment in the village shall employ at least one

certified food manager certified pursuant to an accredited program under the state rules.

(Ordinance 2004-07-01, sec. 1.105, adopted –/–/04)

State law references–Certification of food managers, V.T.C.A., Health and Safety Code, sec. 438.101 et

seq.; authority to require employment of certified food managers in certain establishments, V.T.C.A.,

Health and Safety Code, sec. 437.0076.

Secs. 7.02.005–7.02.030 Reserved

Division 2. Permit*

Sec. 7.02.031 Required; exceptions

(a) A person may not operate a food establishment without a permit issued by the village.

Permits are not transferable from one person to another or from one location to another location,

except as otherwise permitted by this article. A valid permit must be posted in or on every food

establishment regulated by this article.

(b) A food establishment operated solely by a nonprofit organization is exempt from the

permitting requirements of this article, but is not exempt from compliance with state rules. The

village may require any information necessary to determine whether an organization is nonprofit

for purposes of this exemption.


Sec. 7.02.032 Application; renewal; fee; inspections

(a) Any person now operating or desiring to operate a food establishment must make a written

application for a permit on forms provided by the village. The application must contain the name

and address of each applicant, the location and type of the proposed food establishment and the

applicable fee. An incomplete application will not be accepted. Failure to provide all required

information, or falsifying information required, may result in denial or revocation of the permit.

Renewals of permits are required on an annual basis and the same information is required for a

renewal permit as for an initial permit.

* State law reference–Authority to require permit for food service establishment, etc., V.T.C.A., Health

and Safety Code, sec. 437.004.


7-9

(b) Except for a food establishment that was in existence and was in operation prior to the

effective date of this article, prior to the approval of an initial permit for a food establishment, an

authorized agent or employee shall inspect the food establishment to determine compliance with

state laws and rules. A food establishment that does not comply with state laws and rules will be

denied a permit or the renewal of a permit.

(c) The fee for a permit shall be annually approved by the village.

(d) By acceptance of a permit, the permittee agrees to permit unannounced annual or periodic

inspections for compliance with the state rules by an authorized agent or employee.


Sec. 7.02.033 Review of plans

(a) Whenever a food establishment is constructed or extensively remodeled and whenever an

existing structure is converted to use as a food establishment, properly prepared plans and

specifications for such construction, remodeling or conversion shall be submitted to the village

for review before work is begun. Extensive remodeling means that 20% or greater of the area of

the food establishment is to be remodeled. The plans and specifications shall indicate the

proposed layout, equipment arrangement, mechanical plans and construction of materials of work

areas, and the type and model of proposed fixed equipment and facilities. The plans and

specifications will be approved by the village if they meet the requirements of the state rules or

other applicable ordinance of the village. The approved plans and specifications must be followed

in construction, remodeling or conversion.

(b) Failure to follow the approved plans and specifications will result in a permit denial,

suspension, or revocation.


Sec. 7.02.034 Suspension

(a) The village may, without warning, notice, or hearing, suspend any permit to operate a food

establishment if the operation of the food establishment constitutes an imminent hazard to public

health or if an authorized agent or employee informs the village that the food establishment is

noncompliant with the state rules and that its permit should be suspended. Suspension is effective

upon service of the notice required by this section. When a permit is suspended, food operations

shall immediately cease. Whenever a permit is suspended, the holder of the permit shall be

afforded an opportunity for a hearing within 20 days of receipt of a request for a hearing.

(b) Whenever a permit is suspended, the holder of the permit or the person in charge shall be

notified in writing that the permit is, upon service of the notice, immediately suspended and that

an opportunity for a hearing will be provided if a written request for a hearing is filed with the

village by the holder of the permit within ten days. If no written request for hearing is filed within

ten days, the suspension is sustained. The village may end the suspension at any time if reasons

for suspension no longer exist.



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Sec. 7.02.035 Revocation

(a) The village may, after providing opportunity for a hearing, revoke a permit for serious or

repeated violations of any of the requirements of these rules or for interference with the

authorized agent or employee conducting an inspection of the food establishment or otherwise

performing his or her duties. Prior to revocation, the village shall notify the holder of the permit

or the person in charge, in writing, of the reason for which the permit is subject to revocation and

that the permit shall be revoked at the end of the ten days following service of such notice unless

a written request for a hearing is filed with the regulatory authority by the holder of the permit

within such ten-day period.

(b) If no request for hearing is filed within the ten-day period, the revocation of the permit

becomes final.


Sec. 7.02.036 Administrative procedures

(a) Notices. A notice as required in these rules is properly served when it is delivered to the

holder of the permit or the person in charge, or when it is sent by registered or certified mail,

return receipt requested, to the last known address of the holder of the permit. A copy of the

notice shall be filed in the records of the village.

(b) Hearings. The hearings provided for in these rules shall be conducted by the village at a

time and place designated by it. Based upon the evidence presented at such hearing, the village

shall make final findings, and shall sustain, modify or rescind any notice or order considered in

the hearing. A written report of the hearing decision shall be furnished to the holder of the permit

by the village.


ARTICLE 7.03 PUBLIC SWIMMING POOLS*


Sec. 7.03.001 Adoption of state rules

The village adopts the regulations and standards for swimming pools contained in section

341.064, Texas Health & Safety Code, as such section currently exists, as it may be amended

from time to time, and as the department of state health services or state board of health may

adopt rules and regulations pursuant thereto. (Ordinance 2004-07-02, sec. 1.101, adopted –/–/04)

* State law reference–Sanitation of public swimming pools and bathhouses, V.T.C.A., Health and Safety

Code, sec. 341.064.


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Authorized agent or employee. An employee of the village, a representative of the village

designated by the village council, or an employee of the City of Austin acting as an agent of the

village pursuant to an interlocal agreement between the village and the City of Austin.

State rules. Section 341.064, Texas Health & Safety Code, as such section currently exists, as it

may be amended from time to time, and as the department of state health services or state board

of health may adopt rules and regulations pursuant thereto.

Swimming pool. An artificial body of water, including a spa, maintained expressly for public

recreational purposes, swimming and aquatic sports, or for therapeutic purposes, that is located

within the corporate boundaries of the village. The term applies to any swimming pool that is

open to the public, whether for compensation or not, and whether accessed by payment of

admission, use of electronic key card, seasonal pass, or other special means of admission. The

term does not include privately owned swimming pools that are not open to the public. The term

includes any bathhouse, office, enclosed space or other facilities or appurtenances that comprise

the grounds, equipment, and buildings of the swimming pool.

Village. The Village of Point Venture. Any reference herein to the village shall mean the village

council or a person designated by the village council to perform the duties or exercise the

authority provided for in this article.



(a) Any violation of this article shall be punished by a fine in accordance with the general

penalty provided in section 1.01.009 of this code per day, subject to applicable state law. Each

day a violation occurs constitutes a separate violation.

(b) The village may authorize its attorney to initiate appropriate actions in a court of competent

jurisdiction to enforce the provisions of this article or to enjoin such violations which occur

within the village or any area subject to all or part of the provisions in this article. Prosecution or

conviction under this provision shall not be a bar to any other remedy or relief for violations of

this article.


Secs. 7.03.004–7.03.030 Reserved

Division 2. Permit

Sec. 7.03.031 Required

A person may not operate a swimming pool without a permit issued by the village. Permits are

not transferable from one person to another or from one location to another location, except as

otherwise permitted by this article. A valid permit must be posted at each swimming pool

regulated by this article. (Ordinance 2004-07-02, sec. 1.103, adopted –/–/04)


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Sec. 7.03.032 Application; renewal; fee; inspections

(a) Any person now operating or desiring to operate a swimming pool in the village must make

a written application for a permit on forms provided by the village. The application must contain

the name and address of each applicant, the location and type of the swimming pool and the

applicable fee. An incomplete application will not be accepted. Failure to provide all required

information, or falsifying information required, may result in denial or revocation of the permit.

Renewals of permits are required on an annual basis and the same information is required for a

renewal permit as for an initial permit.

(b) Except for a swimming pool that is in existence and which has been in operation prior to

the effective date of this article, prior to the approval of an initial permit for a swimming pool, an

authorized agent or employee shall inspect the swimming pool to determine compliance with

state laws and rules. A swimming pool that does not comply with state laws and rules will be

denied a permit or the renewal of a permit.

(c) The fee for a permit shall be adopted annually by the village.

(d) By acceptance of a permit, the permittee agrees to allow unannounced annual or periodic

inspections for compliance with the state rules by an authorized agent or employee.


Sec. 7.03.033 Review of plans

(a) Whenever a swimming pool is constructed or extensively remodeled, properly prepared

plans and specifications for such construction, remodeling or conversion shall be submitted to the

village for review before work is begun. Extensive remodeling means that 20% or greater of the

area of the swimming pool is to be remodeled. The plans and specifications shall indicate the

proposed layout, equipment arrangement, mechanical plans and construction of materials of work

areas, and the type and model of proposed fixed equipment and facilities. The plans and

specifications will be approved by the village if they meet the requirements or standards of the

state rules or other applicable ordinance of the village. The approved plans and specifications

must be followed in construction or remodeling.

(b) Failure to follow the approved plans and specifications will result in a permit denial,

suspension, or revocation.


Sec. 7.03.034 Suspension

(a) The village may, without warning, notice, or hearing, suspend any permit to operate a

swimming pool if the operation of the swimming pool constitutes an imminent hazard to public

health or if an authorized agent or employee informs the village that the swimming pool is

noncompliant with the state rules and that its permit should be suspended. Suspension is effective

upon service of the notice required by this section. When a permit is suspended, swimming pool

operations shall immediately cease. Whenever a permit is suspended, the holder of the permit

shall be afforded an opportunity for a hearing within 20 days of receipt of a request for a hearing.


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(b) Whenever a permit is suspended, the holder of the permit or the person in charge shall be

notified in writing that the permit is, upon service of the notice, immediately suspended and that

an opportunity for a hearing will be provided if a written request for a hearing is filed with the

village by the holder of the permit within ten days. If no written request for hearing is filed within

ten days, the suspension is sustained. The village may end the suspension at any time if reasons

for suspension no longer exist.


Sec. 7.03.035 Revocation

(a) The village may, after providing opportunity for a hearing, revoke a permit for serious or

repeated violations of any of the requirements of these rules or for interference with the

authorized agent or employee conducting an inspection of the swimming pool or otherwise

performing his or her duties. Prior to revocation, the village shall notify the holder of the permit

or the person in charge, in writing, of the reason for which the permit is subject to revocation and

that the permit shall be revoked at the end of the ten days following service of such notice unless

a written request for a hearing is filed with the regulatory authority by the holder of the permit

within such ten-day period.

(b) If no request for hearing is filed within the ten-day period, the revocation of the permit

becomes final.


Sec. 7.03.036 Administrative procedures

(a) Notices. A notice as required in these rules is properly served when it is delivered to the

holder of the permit or the person in charge, or when it is sent by registered or certified mail,

return receipt requested, to the last known address of the holder of the permit. A copy of the

notice shall be filed in the records of the village.

(b) Hearings. The hearings provided for in these rules shall be conducted by the village at a

time and place designated by it. Based upon the evidence presented at such hearing, the village

shall make final findings, and shall sustain, modify or rescind any notice or order considered in

the hearing. A written report of the hearing decision shall be furnished to the holder of the permit

by the village.



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ARTICLE 7.04 LITTER CONTROL AND LOT MAINTENANCE*



general welfare within the village through the adoption of a litter ordinance. By the adoption of a

litter control ordinance, the village council seeks to prevent health risks, bodily injury, death, and

property damage within the village limits.


When used in this article, the following definitions shall apply, unless the context clearly

indicates otherwise:

Industrial wastes means all liquid- and water-borne solid, liquid or gaseous wastes resulting from

industrial manufacturing, food-processing operations, or processing any natural resource, or any

mixture of such wastes with water or domestic sewage.

Litter shall mean and be defined, consistent with chapter 365 of the Texas Health and Safety

Code, as:

(1) All decayed and unwholesome food;

(2) All pools of stagnant water or vessels holding stagnant water in which insects can

breed;

(3) Carcasses of animals not buried or otherwise disposed of in a sanitary manner within

twenty-four (24) hours after death;

(4) Accumulations of manure, rubbish, trash, rubble, refuse, debris, paper, combustible

material, building materials, offal or waste, or matter of any kind or form which is

uncared for, discarded, or abandoned, or improperly stacked building materials, all of

which are potential breeding places for fires, insects or other vermin;

(5) All buildings, walls, and other structures which have been damaged by fire, decay, or

otherwise, and which endanger the health, peace and safety of the public;

(6) Any solid waste or industrial waste, including but not limited to garbage, tin cans,

bottles, rubbish, refuse, trash, construction waste or demolition waste, tree and shrub

trimmings, manufacturing waste or industrial waste, dumped, thrown, burned, spilled

or abandoned;

(7) Trees damaged or dead to the extent that a limb, tree or part could fall or has fallen

down.

* State law references–Municipal regulation of sanitation, V.T.C.A., Health and Safety Code, sec. 342.001

et seq.; Solid Waste Disposal Act, V.T.C.A., Health and Safety Code, ch. 361; Texas Litter Abatement Act,

V.T.C.A., Health and Safety Code, ch. 365.


7-15

Person means any person, firm, corporation, association or other entity.

Premises means real estate, improved or unimproved.

Private property means a platted lot or part thereof, either occupied or unoccupied, of which the

owner has control.

Public nuisance means unlawfully doing an act or omitting to perform a duty, which act or

omission does any one or more of the following:

(1) Annoys, injures or endangers the safety, health, comfort or repose of others; or

(2) Unlawfully interferes with, obstructs or tends to obstruct, or renders dangerous

passage to the lake, park or streets.

Public property means all property within the village that is not private property.



this article as may be required by governing law. Any person violating any provision of this

article is subject to suit for injunctive relief as well as prosecution for criminal violations. Any

violation of this article is hereby declared a nuisance


conviction, be fined a sum not more than five hundred dollars ($500.00), except as may be

otherwise expressly provided by state law. Each day that a provision of this article is violated

shall constitute a separate offense. An offense under this article is a class C misdemeanor

punishable by a minimum fine of $25.00 and a maximum fine of to $500.00 plus court costs and

administrative fees.






(2) A civil penalty up to five hundred dollars ($500.00) a day when it is shown that the

defendant was actually notified of the provisions of this article and after receiving

notice committed acts in violation of this article or failed to take action necessary for

compliance with this article; and


Sec. 7.04.004 Litter prohibited

No person shall create any litter in the village, and no person shall through inaction permit any

litter to occur or continue on any property under such person’s control, nor shall any person

permit litter to occur involving any personal property under such person’s control.

Sec. 7.04.005 Litter reporting


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Any person or persons who observe the creation or continuation of litter as defined above which

poses a potential threat to the public health or to the environment shall immediately report the

incident to the mayor or his/her designee of the village and shall provide any information

requested by the mayor or his/her designee needed to investigate or abate the act.

Sec. 7.04.006 Litter removal

(a) Private property.

(1) It shall be the duty of any owner and/or occupant of any lot or premises within the

village limits to remove or cause to be removed all such litter as may be necessary to

comply with this article. The owner and/or occupant shall be notified in writing to

correct, remedy or remove the condition within fifteen (15) days after such notice is

given (unless granted a variance, in writing, from the office of the mayor), or the

village has the option of issuing a warning or a citation or starting enforcement

procedures.

(2) It shall be the duty of any person or persons found to dispose, place or cause litter to

be disposed or placed on any property, private or public, within the village limits, to

remove or cause to be removed all such litter as may be necessary to comply with

this article within fifteen (15) [days] of notification, verbal or written (unless granted

a variance, in writing, from the office of the mayor), or the village has the option of

issuing a warning or a citation or starting enforcement procedures. Litter shall not be

burned on any private property within the village limits, unless the office of the

mayor grants a waiver in writing. Violating this provision will be considered a class

C misdemeanor (maximum fine as established by the general penalty provided in

section 1.01.009 of this code, plus court costs and administrative fees).

(b) Public property. It shall be the duty of any person or persons found to dispose, place or

cause litter to be disposed or placed on any public property within the village limits to remove or

cause to be removed all such litter as may be necessary to comply with this article within fifteen

(15) [days] of notification, verbal or written, or the village has the option of issuing a warning or

a citation or starting enforcement procedures.

Sec. 7.04.007 Lot maintenance program and limb chipping service

The main purpose of the program is to reduce the fire hazard associated with the current drought

and the threat of fire from the cedar trees, on vacant lots in particular. The village’s intent is to

reduce this hazard by chipping the limbs that the lot owner has cut and placed in the right-of-way,

and also reported this to the code enforcement officer. The village shall have no other liability

than to chip the cut limbs. The village hereby adopts the following:

(1) The village is not responsible for any cutting of limbs from trees and/or removing

dead trees from private property; this is the property owner’s responsibility.

(2) All tree branches should be trimmed up to a height of 4' from the ground to mitigate

the threat of fire. If it is a cedar tree 4" in diameter or less it should be cut down if it

blocks access to the interior of the lot.


7-17

(3) Once the limbs are placed at the curb the village will have them chipped.

(4) The lots will be prioritized, with the lots posing a fire threat to existing houses being

moved to the top of the list for the owner of the lot to have it cleaned up.

(5) The mayor pro tem will meet with the code enforcement [officer] to monitor progress

and cost.

(6) Lot owners that do not reside in the village will be given the option to work through

the code enforcement officer, if he so desires, to obtain an estimate to have their lot

brought into compliance. Once a bid has been accepted by the lot owner the lot

owner can deal directly with the contractor.

(7) Lot owners are responsible to remove logs and anything too big to go through the

chipper.


adopting Code)

ARTICLE 7.05 HIGH GRASS AND WEEDS*

Sec. 7.05.001 Prohibited

It shall be unlawful for any person owning, claiming, occupying or having supervision or control

of any real property, occupied or unoccupied, within the city, to permit weeds or grass, save and

except crops that are regularly cultivated, to grow to a greater height than twelve (12) inches upon

any such real property within one hundred fifty (150) feet of any property line which abuts street

rights-of-way, developed property or any buildings or other structures. (Ordinance adopting

Code)

Sec. 7.05.002 Duty to cut and remove

It shall be the duty of any person owning, claiming, occupying or having supervision or control of

any real property to cut and remove all such grass or weeds as often as may be necessary to

comply with section 7.05.001. (Ordinance adopting Code)

Sec. 7.05.003 Notice to cut and remove

(a) In the event that any person owning, claiming, occupying or having supervision or control

of any real property, occupied or unoccupied, within the city, fails to comply with the provisions

of section 7.05.001, it shall be the duty of the building official to give seven (7) days’ notice to

such person violating the terms of this article.

* State law reference–Authority of municipality to regulate weeds, grass, etc., V.T.C.A., Health and Safety

Code, sec. 342.004 et seq.


7-18

(b) The notice shall be given:

(1) Personally to the owner in writing;

(2) By letter addressed to the owner at the owner’s address as recorded in the appraisal

district records of the appraisal district in which the property is located; or

(3) If personal service cannot be obtained:

(A) By publication at least once;

(B) By posting the notice on or near the front door of each building on the property

to which the violation relates; or

(C) By posting the notice on a placard attached to a stake driven into the ground on

the property to which the violation relates.

(c) If the city mails a notice to a property owner in accordance with subsection (b), and the

United States Postal Service returns the notice as “refused” or “unclaimed,” the validity of the

notice is not affected, and the notice is considered as delivered.

(d) In a notice provided under this section, the city may inform the owner by regular mail and a

posting on the property, or by personally delivering the notice, that if the owner commits another

violation of the same kind or nature that poses a danger to the public health and safety on or

before the first anniversary of the date of the notice, the city without further notice may correct

the violation at the owner’s expense and assess the expense against the property. If a violation

covered by a notice under this subsection occurs within the one-year period, and the city has not

been informed in writing by the owner of an ownership change, then the city without notice may

take any action permitted and assess its expenses as provided by V.T.C.A., Health and Safety

Code, section 342.007.


Sec. 7.05.004 Cutting and removal by city; lien for city’s expenses

(a) If any person fails or refuses to comply with the provisions of section 7.05.001 after notice

as provided in section 7.05.003, then the city may do such work or cause the same to be done in

order to bring the property into compliance and may pay the expenses for doing or having the

work done on the offending property and cause the expense to be assessed in the form of a lien on

the property upon which such expense is incurred.

(b) A statement by the mayor or his designated representative of such expenses shall be filed

with the county clerk, and upon filing the city will have a privileged lien on the property, second

only to tax liens and liens for street improvements, to secure the expenditures so made. The

amount of such expenditures shall bear ten percent (10%) per annum interest from the date of

payment by the city until paid by the property owner. For any such expenditures and interest, as

aforesaid, suit may be instituted and foreclosure had in the name of the city, and the statement so

made as aforesaid, or a certified copy thereof, shall be prima facie proof of the amount expended

in any such work or improvements.


Sec. 7.05.005 Additional authority to abate dangerous weeds


7-19

(a) The city may abate, without notice, weeds that:

(1) Have grown higher than 48 inches; and

(2) Are an immediate danger to the health, life, or safety of any person.

(b) Not later than the 10th day after the date the city abates weeds under this section, the city

shall give notice to the property owner in the manner required by section 7.05.003.

(c) The notice shall contain:

(1) An identification, which is not required to be a legal description, of the property;

(2) A description of the violations of the ordinance that occurred on the property;

(3) A statement that the city abated the weeds; and

(4) An explanation of the property owner’s right to request an administrative hearing

about the city’s abatement of the weeds.

(d) The city shall conduct an administrative hearing on the abatement of weeds under this

section if, not later than the 30th day after the date of the abatement of the weeds, the property

owner files with the city a written request for a hearing.

(e) An administrative hearing conducted under this section shall be conducted not later than the

20th day after the date a request for a hearing is filed. The owner may testify or present any

witnesses or written information relating to the city’s abatement of the weeds.

(f) The city may assess expenses and create liens under this section as it assesses expenses and

creates liens under section 7.05.004. A lien created under this section is subject to the same

conditions as a lien created under section 7.05.004.

(g) The authority granted the city by this section is in addition to the authority granted by

V.T.C.A., Health and Safety Code, section 342.006.


State law reference–Additional authority to abate dangerous weeds without notice, V.T.C.A., Health and

Safety Code, sec. 342.008.

Sec. 7.05.006 Penalty

Any person violating any of the provisions of this article shall be subject to a fine, upon

conviction in the municipal court, in accordance with the general penalty provided in section

1.01.009 of this code. Each and every day that the premises shall remain in a condition in

violation of the terms of this article shall constitute a separate offense. (Ordinance adopting Code)

CHAPTER 8

OFFENSES AND ADDITIONAL PROVISIONS

ARTICLE 8.01 GENERAL PROVISIONS .................................................................

ARTICLE 8.02 WEAPONS ...........................................................................................

8-7

8-7

Sec. 8.02.001 Purpose ........................................................................ 8-7

Sec. 8.02.002 Definitions ................................................................... 8-7

Sec. 8.02.003 Enforcement; penalties ....................................................... 8-8

Sec. 8.02.004 Discharge of certain weapons prohibited.......................... 8-9

Sec. 8.02.005 Exceptions ................................................................... 8-9

Sec. 8.02.006 Discharge of air gun ........................................................... 8-9

ARTICLE 8.03 STORAGE OF INOPERATIVE BOATS ..................................... 8-9

Sec. 8.03.001 Title ............................................................................. 8-9

Sec. 8.03.002 Purpose ........................................................................ 8-9

Sec. 8.03.003 Definitions ................................................................... 8-10


Sec. 8.03.005 Prohibition ................................................................... 8-11

ARTICLE 8.04 ABANDONED OR JUNKED VEHICLES ..................................... 8-11

Division 1. Generally ............................................................................................... 8-11

Sec. 8.04.001 Title ............................................................................ 8-11

Sec. 8.04.002 Adoption of state law ......................................................... 8-11

Sec. 8.04.003 Definitions ................................................................... 8-12

Division 2. Junked Vehicles .................................................................................... 8-12

Sec. 8.04.031 Prohibited; declaration of nuisance ................................... 8-12

Sec. 8.04.032 Complaint and investigation .............................................. 8-12

Sec. 8.04.033 Notice and hearing .............................................................. 8-13

Sec. 8.04.034 Order by village council..................................................... 8-14

Sec. 8.04.035 Vehicles not to be made operable...................................... 8-14

Sec. 8.04.036 Notice to state department of transportation ..................... 8-14

Sec. 8.04.037 Exemptions .................................................................. 8-14

Sec. 8.04.038 Administration .................................................................... 8-15

Sec. 8.04.039 Removal by village ............................................................. 8-15


[Next page is 8-7.]


8-7


(Reserved)

ARTICLE 8.02 WEAPONS†



and general welfare within the village through the regulation of the discharge of air guns, guns,

firearms, explosive weapons, bows and arrows, slingshots, and similar devices. By prohibiting the

discharge of guns, firearms, explosive weapons, zip guns, bows and arrows, and slingshots, and

by restricting the discharge of air guns, the village council seeks to prevent bodily injury, death,

and property damage within the village limits. (Ordinance 2003-05-01, sec. 2, adopted 5/5/03;










Air gun means any device designed, made, or adapted to expel a projectile through a barrel by

using the energy or force generated by the release of a spring or compressed gases. The term “air

gun” includes but is not limited to B-B guns, pellet guns, air pistols and air rifles.

Explosive weapon means any explosive or incendiary bomb, grenade, rocket, or mine that is

designed, made, or adapted for the purpose of inflicting serious bodily injury, death, or substantial

property damage, or for the principal purpose of causing such a loud report as to cause undue

public alarm or terror, and includes a device designed, made, or adapted for delivery or shooting

of an explosive weapon.

Firearm means any device designed, made, or adapted to expel a projectile through a barrel by

using the energy or force generated by an explosion or burning substance, or any device readily

convertible to that use. The term “firearm” includes but is not limited to guns, handguns, machine

guns, rifles, shotguns, automatic rifles, revolvers, and pistols.

* State law references–Authority of governing body to adopt ordinance, rule or police regulation for the

good government, peace or order of municipality, V.T.C.A., Local Government Code, sec. 51.001;

authority of city to define and declare nuisance, V.T.C.A., Local Government Code, sec. 217.002;

nuisances and general sanitation, V.T.C.A., Health and Safety Code, sec. 341.011 et seq.

† State law references–Authority of municipality regarding firearms and explosives, V.T.C.A., Local

Government Code, sec. 229.001; limitation of authority to prohibit discharge of firearms or other weapons

in extraterritorial jurisdiction, V.T.C.A., Local Government Code, sec. 229.002; disorderly conduct,

V.T.C.A., Penal Code, sec. 42.01; weapons, V.T.C.A., Penal Code, ch. 46.


8-8

Person means any human individual or corporation, organization, government or governmental


entity.

Public place means any place to which the public or a substantial group of the public has access,

and includes, but is not limited to, parks, streets, highways, and the common areas of schools,

hospitals, apartment houses, office buildings, transport facilities, and shops.

Public right-of-way means the area on, below, or above a public roadway, highway, street, public

sidewalk, alley, waterway, or utility easement in which the municipality has an interest.

Village means the incorporated municipality of the Village of Point Venture, and its agents and

assigns.

Village limits means the municipal boundaries of the village.

Zip gun means a device or combination of devices that was not originally a firearm and is adapted

to expel a projectile through a smooth-bore or rifled-bore barrel by using the energy generated by

an explosion or burning substance.



















this article; and

(3) Other avai lable re l i e f . (Ordinance 2003-05-01, sec. 8,

adopted 5/5/03; Ordinance adopting Code)

Commented [ZE9]: LGC 54.017


8-9

Sec. 8.02.004 Discharge of certain weapons prohibited

It shall be unlawful for any person to discharge, fire, or shoot any firearm, explosive weapon or

zip gun, or bows and arrows, or slingshots, of any description, within the village limits.


Sec. 8.02.005 Exceptions

Section 8.02.004 of this article shall not apply to:

(1) Licensed peace officers, as that term is defined by Texas Code of Criminal

Procedure, article 2.12(3), provided that such discharges are made in the course and

scope of the peace officers’ official duties;

(2) The use of blank cartridges for a theatrical production, military ceremony, or sporting

event that is either sponsored by an educational institution or issued a permit by the

village;

(3) Self-defense or the defense of a third person, as provided by Texas Penal Code

sections 9.31, 9.32, and 9.33;

(4) Destroying predatory animals on one’s own property or with the written permission

of the owner of the property; or

(5) Duly designated animal control officers destroying injured animals on public or

private property when the injuries are deemed by the officer to be fatal or near fatal.


Sec. 8.02.006 Discharge of air gun

It shall be unlawful for any person to discharge, fire, or shoot any air gun in a public place or

common area belonging to or managed by the Point Venture Property Owners Association. It

shall be unlawful for any person to discharge, fire, or shoot any air gun on or across any public

right-of-way or across any property line. (Ordinance 2003-05-01, sec. 6, adopted 5/5/03)

ARTICLE 8.03 STORAGE OF INOPERATIVE BOATS

Sec. 8.03.001 Title

This article may commonly be referred to as the village’s ordinance prohibiting storage of

inoperative boats. (Ordinance 2008-05-01, sec. 1, adopted 5/1/08)


This article is adopted so that the village council may promote the public health, safety, morals,

and general welfare within the village through the regulation of the storage of boats on residential

property and to encourage the use of off-site boat storage. (Ordinance 2008-05-01, sec. 2, adopted

5/1/08)



8-10








Boat. Any motorboat, outboard motor, sailboat, or vessel subject to registration under chapter 31

of the Texas Parks and Wildlife Code, as may be amended.

Inoperative. If a boat, as defined in this section, is not able to be used on the water, for whatever

reason. The term also includes any boat, as defined in this section, that is not fit for use because it

has not been numbered and registered pursuant to chapter 31 of the Texas Parks and Wildlife

Code, as may be amended, or a boat for which the registration is not current.

Person. Any human individual or corporation, organization, government or governmental


entity.

Residential property. In a residential district, the entire tract upon which rests a house, and any

adjoining lots used primarily for residential purposes. It also includes any public or private

streets, alleys, sidewalks, or other right-of-way adjacent to the tract.

Village. The Village of Point Venture. The term may also refer to employees, agents or other

designees of the village council.

Village council or council. The governing body (i.e., board of aldermen) of the village.









this code for each offense. Once a person has received notice that they are storing a boat in

violation of this article, each day that a provision of this article is violated shall constitute a

separate offense. An offense under this article is a misdemeanor.


8-11







that the defendant was actually notified of the provisions of this article and, after

receiving notice, committed acts in violation of this article or failed to take action




Sec. 8.03.005 Prohibition

(a) It shall be unlawful for any person to store an inoperative boat on residential property, or on

the adjacent streets and alleyways, for extended periods of time. For the purposes of this article,

an extended period of time means for more than ten (10) days within a thirty (30) day period.

(b) It is not a defense to this article that, during the thirty (30) day period, the boat has been

moved to a different location or that the ten (10) days were not contiguous.

(c) It is a defense to this article if the boat is stored out of public view and inside a garage,

storage shed, or other building that is appropriate for that purpose and in keeping with the general

aesthetic of the village.


ARTICLE 8.04 ABANDONED OR JUNKED VEHICLES*


Sec. 8.04.001 Title

This article may be cited as the abandoned or junked vehicle ordinance. (Ordinance 2011-01-01,

sec. 2, adopted 1/3/11; Ordinance adopting Code)

Sec. 8.04.002 Adoption of state law

Chapter 683 of the Texas Transportation Code, as it now exists and as it may hereafter be

amended, shall be followed by the departments and offices of the village in regard to abandoned

and junked vehicles. Furthermore, the policies, definitions, prohibitions, obligations, procedures

and other provisions relating to abandoned and junked vehicles contained within chapter 683 are

hereby adopted. (Ordinance 2011-01-01, sec. 4, adopted 1/3/11)

* State law reference–Regulation of abandoned and junked motor vehicles, V.T.C.A., Transportation

Code, sec. 683.001 et seq.


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Junked vehicle means a vehicle as defined in the Texas Transportation Code, section 683.071, as

amended.

Officer means any person designated by the village council as authorized to investigate and

enforce suspected violations of village ordinances or regulations. The term may include a

volunteer, a peace officer, a village code officer, or another person so designated by the village

council or mayor.

Person means an individual, corporation, organization, government agency, business trust,

partnership, association, or any other legal entity.

Village means the Village of Point Venture. The term also includes the village’s agents and

assigns.


Secs. 8.04.004–8.04.030 Reserved

Division 2. Junked Vehicles

Sec. 8.04.031 Prohibited; declaration of nuisance

It shall be unlawful for any person to maintain, possess, or locate any junked vehicle within the

village in violation of this article. Junked vehicles are hereby declared to be a nuisance.


Sec. 8.04.032 Complaint and investigation

(a) Any person may file a complaint alleging the existence of a junked vehicle or part thereof

as a public nuisance in the village. The complaint must:

(1) Be in wr i t ing;

(2) Provide sufficient details about the alleged nuisance;

(3) Be signed by the complainant; and

(4) Be filed with the village code enforcement officer.


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(b) On his/her own knowledge or on the basis of a written complaint, the code enforcement

officer shall investigate the alleged existence of a junked vehicle or part thereof on private or

public property or a public right-of-way within the village.


Sec. 8.04.033 Notice and hearing

(a) If it is determined by the code enforcement officer that a nuisance, as defined herein, exists

in the village, the officer shall give notice or cause notice to be given in writing. The notice shall

state the nature of the public nuisance, that the nuisance must be removed and abated within ten

(10) days, and further that a request for a hearing must be made within ten (10) days of receipt of

the notice. The notice must be personally delivered, sent by certified mail with a five-day return

requested, or delivered by the United States Postal Service with signature confirmation service to:

(1) The last known registered owner of the nuisance;

(2) Each lienholder of record of the nuisance; and

(3) The owner or occupant of:

(A) The property on which the nuisance is located; or

(B) If the nuisance is located on a public right-of-way, the property adjacent to the

right-of-way.

(b) The notice must state that:

(1) The nuisance must be abated and removed not later than the 10th day after the date

on which the notice was personally delivered or mailed; and

(2) Any request for a hearing must be made before that 10-day period expires.

(c) If the post office address of the last known registered owner of the nuisance is unknown,

notice may be placed on the nuisance or, if the owner is located, personally delivered.

(d) If the notice is returned undelivered, action to abate the nuisance shall be continued to a

date not earlier than the 11th day after the date of the return.

(e) If a person to whom notice is required to be given requests a hearing within the period

provided in the subsections above, a public hearing must be held, prior to the removal of the

vehicle, or the part thereof, before the village council. If a hearing is to be held, the hearing shall

be held not earlier than the 11th day after the date of the service of notice.

(f) At the hearing, the junked motor vehicle is presumed, unless demonstrated otherwise by the

owner, to be inoperable.


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(g) If the information is available at the location of the nuisance, a resolution or order requiring

removal of the nuisance must include the vehicle’s:

( 1 ) Des cr ip t i on ;

(2 ) Vehicle identification number; and

(3) License plate number.

(h) If, after written notice has been given, as described in this section, and continuing through

the hearing, the owner relocates the junked vehicle, or a part thereof, to another location in the

village or in Travis County, the relocation has no effect on the hearing if the vehicle, or a part

thereof, constitutes a public nuisance at the new location.


Sec. 8.04.034 Order by village council

(a) After the hearing is held by village council, as herein provided, if the village council finds

that such a nuisance as herein defined exists, the village council shall order the owner or occupant

of the premises on which said vehicle is located to remove such junked vehicle or part thereof

within ten (10) days after said order is given to such owner or occupant of the premises on which

said vehicle is located.

(b) It shall be unlawful and a violation of this article for any such person to whom such order is

given to fail or refuse to comply therewith [and] to remove such junked vehicle within the time

provided by said order.


Sec. 8.04.035 Vehicles not to be made operable

After a vehicle has been removed in accordance with or under the terms and provisions of this

article, it shall not be reconstructed or made operable. (Ordinance 2011-01-01, sec. 10, adopted

1/3/11)

Sec. 8.04.036 Notice to state department of transportation

Notice shall be given by the village to the state department of transportation (TxDOT) within five

(5) days after the date of removal, identifying the vehicle, or part thereof. (Ordinance 2011-01-01,


Sec. 8.04.037 Exemptions

(a) This article shall not apply to a vehicle, or part thereof:

(1) That is completely enclosed in a building in a lawful manner and is not visible from

the street or other public or private property; or


8-15

(2) That is stored or parked in a lawful manner on private property in connection with the

business of a licensed vehicle dealer or junkyard, or that is an antique or special

interest vehicle stored by a motor vehicle collector on the collector’s property, if the

vehicle or part and the outdoor storage area, if any, are:

(A) Maintained in an orderly manner;

(B) Not a health hazard; and

(C) Screened from ordinary public view by appropriate means, including a fence,

rapidly growing trees, or shrubbery.

(b) In this section:

Antique vehicle means a passenger car or truck that is at least 25 years old.

Motor vehicle collector means a person who:

(1) Owns one or more antique or special interest vehicles; and

(2) Acquires, collects, or disposes of an antique or special interest vehicle or part of an

antique or special interest vehicle for personal use to restore and preserve an antique

or special interest vehicle for historic interest.

Special interest vehicle means a motor vehicle of any age that has not been changed from original

manufacturer’s specifications and, because of its historic interest, is being preserved by a

hobbyist.


Sec. 8.04.038 Administration

The administration of this article shall be supervised by the mayor or by regularly salaried, full-

time employees of the village, except that the removal of vehicles, or parts thereof, from property

may be by any other duly authorized person. Investigations and enforcement actions may be

initiated under this article by any officer, without regard to the officer’s payroll status, provided

that officer is supervised by the mayor or a regularly salaried, full-time employee of the village.


Sec. 8.04.039 Removal by village

(a) Within ten (10) days after notice has been delivered to the owner or occupant of the

premises on which a junked vehicle is located, if a hearing is not requested, or if a hearing is

requested within ten (10) days after an order requiring the removal of such junked vehicle has

been served upon or delivered to the owner or occupant of the premises on which said vehicle is

located, the officer may, if said nuisance has not been abated, remove or cause to be removed the

vehicle which was the subject of such notice to a suitable village storage area, or otherwise

dispose of the junked vehicle in any lawful manner.


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(b) Out of the proceeds of the sale or other disposal of the junked vehicle the officer shall pay

for the cost of removal and storage, and the balance, if any, shall be paid to the person entitled

thereto (the village, the owner, or the lienholder).



(a) Civil and criminal penalties. The village shall have the power to administer and enforce



violations.


conviction, be fined a sum not exceeding two hundred dollars ($200.00). Each day that a

provision of this article is violated shall constitute a separate offense. An offense under this article

is a misdemeanor.







that the defendant was actually notified of the provisions of this article and after

receiving notice committed acts in violation of this article or failed to take action



(d) Escalating penalties. Fines and penalties should be imposed in an escalating manner, per

violation. While the municipal court judge may of course impose any penalty within his or her

jurisdictional limits, the village contemplates that a first violation under this article will result in a

$50.00 penalty, $100.00 for a second violation, and $200.00 for each additional violation.



Commented [ZE11]: Recommend deleting this provision

for the reasons I discussed above, regarding the judge’s and

prosecutor’s roles in imposing fines.

Also note that this provision isn’t even mandatory: it uses

words like “should” and “contemplate,” which are

permissive.

9-1

CHAPTER 9

PLANNING AND DEVELOPMENT REGULATIONS

ARTICLE 9.01 GENERAL PROVISIONS ................................................................

ARTICLE 9.02 LOT CLEARING ................................................................................

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Sec. 9.02.001 Title ............................................................................. 9-7

Sec. 9.02.002 Purpose ........................................................................ 9-7

Sec. 9.02.003 Scope ........................................................................... 9-7

Sec. 9.02.004 Definitions ................................................................... 9-7

Sec. 9.02.005 Enforcement; penalties ...................................................... 9-8

Sec. 9.02.006 Permit .......................................................................... 9-10

Sec. 9.02.007 Variances ..................................................................... 9-12

Sec. 9.02.008 Protection during construction and grading ..................... 9-12

[Next page is 9-7.]


9-7


(Reserved)

ARTICLE 9.02 LOT CLEARING

Sec. 9.02.001 Title

This article shall be commonly known and cited as the lot clearing ordinance. (Ordinance 2009-

06-01, sec. 1, adopted 6/1/09)



general welfare within the village through the establishment of standards of practice for the

preservation of trees and native landscaping in development areas in order to better control soil

erosion and the transport of sediment, preserve the environmental quality of surface and ground

waters, screen noise, and protect and enhance scenic vistas and wildlife habitat. By and through

this article, the village council seeks to allow construction while minimizing the impact to

woodland areas and encouraging reforestation within the corporate boundaries of the village.


Sec. 9.02.003 Scope

This article shall only apply to vacant lots within the village limits. (Ordinance 2009-06-01, sec.

3, adopted 6/1/09)



in this section. Words and phrases that are not defined in this article but are defined in other






Applicant means the person seeking approval from the village. The applicant may be the property

owner, or an authorized agent/representative of the property owners.

Building official means the person appointed by the village council to advise the village council

and administer the village’s construction codes and building regulations, including but not limited

to lot clearing, tree trimming, landscaping, and drainage regulations. The building official serves

as the administrative enforcer of this article.

* State law references–Planning and zoning generally, V.T.C.A., Local Government Code, chs. 211, 212,

371.


9-8

Clear means to make a material change in the character of the land, including but not limited to

the mechanical extraction of vegetation, removal of brush, cutting of protected trees, or

modification of the natural grade or slope of the land.

Emergency means situations in which the grade of the land or conditions of the trees pose an

imminent threat to public health, safety or welfare; are an immediate hindrance to vehicular or

pedestrian traffic; block public access to roadways or driveways; or endanger public utility

facilities.

Flood hazard boundary map (FHBM) means an official map of a community, issued by the

administrator, where the boundaries of the flood, and mudslide (i.e., mudflow) related erosion

areas having special hazards have been designated.

Flood insurance rate map (FIRM) means an official map of a community, on which the Federal

Emergency Management Agency has delineated both the special flood hazard areas and the risk

premium zones applicable to the community.

Floodplain means the areas of special flood hazard identified by the Federal Emergency

Management Agency in the flood insurance rate map (FIRM) or flood hazard boundary map

(FHBM).

Person means any human individual or corporation, organization, government or governmental


entity.

Protected tree means a tree that warrants special consideration due to its environmental and

aesthetic significance to the Lake Travis region. Specifically, the term includes any tree with a

trunk having a diameter greater than four (4) inches measured one (1) foot above the base (ground

elevation) of the tree. All trees of the species Juniperus ashei, also known as the “Ashe Juniper”

or “Mountain Cedar,” are not deemed to be protected trees regardless of size.

Silt fence means a temporary sediment barrier made of woven, synthetic filtration fabric

supported by wood or steel posts.

Vacant lot means land that is undeveloped and unused. The term includes any area with

significant amounts of land not covered by impervious surfaces, which is suitable for

development or infill.

Village means the Village of Point Venture and its agents and employees.

Village limits means the incorporated municipal boundary of the village.



(a) Civil, criminal and administrative penalties. The village shall have the power to administer

and enforce the provisions of this article as may be required by governing law. Any person

violating any provision of this article is subject to a suit for injunctive relief as well as

prosecution for criminal violations. Any violation of this article is hereby declared to be a

nuisance.


9-9


conviction, be fined a sum not exceeding $500.00. Each day that a provision of this article is

violated shall constitute a separate offense. An offense under this article is a misdemeanor.





specific conduct that is necessary for compliance with this article, including but not

limited to remediation and/or mitigation;


notified of the provisions of this article and after receiving notice committed acts in

violation of this article or failed to take action necessary for compliance with this

article; and


(d) Administrative actions.

(1) Stop work orders. If the building official determines that there has been

noncompliance with any material term, condition, requirement or agreement under

this article, the person [sic] the building official may order the person violating this

article to cease and desist from further development or construction material to the

alleged noncompliance until corrected by compliance.

(2) Withholding of other authorizations. The village may refuse to grant development,

construction, or occupancy approvals for improvements for a property that does not

fully and completely comply with all terms and conditions of this article.

(3) Administrative penalty. The building official may assess, and a person alleged to

have violated this article may pay, an administrative penalty in lieu of the village

initiating formal court action to recover the civil or criminal fines provided for

herein.

(e) Restoration of site.

(1) Persons who clear a lot in violation of this article shall restore the site after

submitting a restoration plan to the building official and receiving approval.

(2) Remedial measures may include (but are not necessarily limited to) grading,

replenishing soil, planting vegetation and replacing trees, as determined necessary by

the building official.

(3) The village may assess an administrative fee upon the person performing the

restoration, in an amount set by ordinance and reasonably adequate to cover the costs

of overseeing the restoration.



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(4) Any restoration activities imposed by the village pursuant to this subsection shall be

in addition to the criminal and civil remedies provided for in this article.


Sec. 9.02.006 Permit

(a) Required.

(1) It shall be unlawful for any person to clear any vacant lot without first securing a lot

clearing permit issued by the building official.

(2) It shall be unlawful for any person to burn, cut, poison, or otherwise remove

protected trees on any lot without first securing a lot clearing permit issued by the

building official.

(3) Regarding property located upon a floodplain, it shall be unlawful for any person to

remove trees, perform landscaping, or otherwise move or place dirt for the purpose of

landscaping or grading without first securing a lot clearing permit issued by the

building official. The exemptions listed in subsection (b) of this section do not apply

to this subsection.

(b) Exemptions.


making their lot(s) more attractive for aesthetic purposes or for preparation for the

showing and sale. However, vacant lots cannot be totally cleared of all vegetation.


maintaining their lot(s) for fire safety purposes of the lot.

(3) For the limited purposes of the exemptions recognized by this subsection, the

following activities are allowed without a permit:

(A) Pruning live and dead tree limbs;

(B) Removing dead brush;

(C) Removing excessive rocks or trash; and/or

(D) Removal of anything deemed hazardous by the building official/assistant

building official or his/her designee.

(4) The limited exceptions provided by this subsection do not constitute permission to

clean a lot up by use of a dozer or other heavy equipment.

(5) A lot clearing permit is not required for routine trimming of trees or tree branches.

(6) A lot clearing permit is not required in emergency situations. Emergency actions

conducted without a permit must be reported to the village within seven (7) calendar

days.


9-11

(b) Application. Lot clearing permit applications must be submitted to the building official.

Each application for a lot clearing permit shall include a landscape and grading plan that at a

minimum shall include:

(1) A graphic and textual description of all vegetation and trees, regardless of size,

currently located within the legal boundaries of the property, noting all drip lines.

(2) Designation of which protected trees are proposed for removal due to construction

activities.

(3) A topographical description of the lot indicating the natural drainage patterns and

waterways.

(4) A graphic and textual description of the proposed final elevations and slopes of the

property and the location of all vegetation and trees to be replaced under this article

and areas proposed for landscaping.

(5) The layout of proposed buffer areas (if any).

(6) Documentation demonstrating that the applicant has the financial means to execute

the construction plans.

(7) Other relevant information as may be required by other village regulations.

(c) Standards for approval. Approval or denial of a lot clearing permit by the building official

will be based on all of the provisions of this article and the following relevant factors:

(1) The danger to life and property due to the potential flooding or erosion damage

reasonably expected to be caused by the proposed landscape and grading plan;

(2) The need for physical separation between buildings and cedar trees for fire protection

purposes;

(3) The compatibility of the proposed landscape and grading plan with existing and

anticipated land development;

(4) The anticipated impact of the proposed landscape and grading plan on the

maintenance and repair of streets, drainage facilities, and public utilities such as

sewer, gas, electrical water, and wastewater systems;

(5) Whether the landscape and grading plan will materially comply with the

comprehensive plan, landscaping scheme and aesthetic theme of the village;

(6) Whether the landscape and grading plan will materially interfere with natural

drainage patterns or the migratory patterns of native wildlife;

(7) Whether the proposed landscape and grading plan will divert water across the

property of the village or another person in a manner or place or greater velocity than

the ordinary and natural flow of such water;


9-12

(8) Whether the landscape and grading plan would negatively impact any protected trees;

(9) The availability of reasonable alternatives to the proposed landscape and grading

plan;

(10) The need to remove damaged or diseased trees; and

(11) The applicability of other village, county, state and federal regulations.

(d) Duration.

(1) The building official may only issue a lot clearing permit 30 days prior to the

commencement of construction of a residential structure on the site.

(2) A lot clearing permit is valid for 30 days.

(e) Fees. The village council may by ordinance establish reasonable permit fees to cover the

costs of administration of this article.


Sec. 9.02.007 Variances

(a) Authorized.

(1) The building official may grant variances to the specific terms of this article by

issuing a permit pursuant to this section. Variances may only be granted in instances

where the building official makes written findings regarding the following:




(C) The spirit of this article is observed and substantial justice is done.


of granting a variance.

(b) Remediation or mitigation plan. As a specific condition of receiving a variance, the

applicant must submit for approval a remediation or mitigation plan for addressing any damage to

the native vegetation or trees impacted by the variance. The plan is to be submitted to the building

official.


Sec. 9.02.008 Protection during construction and grading

(a) Protection of vegetation. During construction and grading, reasonable steps should be taken

to protect all vegetation and trees.


9-13

(b) Silt fences. Any construction or other work done in a floodplain may only be performed

after sufficient silt fences have been erected so as to prevent erosion from occurring due to such

activities. The building official is empowered to rescind or otherwise cancel a permit issued under

this article if silt fences are not properly placed on the work site. The building official shall use

his discretion to determine what amount of silt fencing is sufficient for each permit, based upon

the topographic features of the land, and the work to be performed.


10-1

CHAPTER 10

STREETS, PARKS AND OTHER PUBLIC WAYS AND

PLACES

ARTICLE 10.01 GENERAL PROVISIONS ......................................................................... ARTICLE 10.02 RIGHT-OF-WAY MANAGEMENT .......................................................

Division 1. Generally ........................................................................................................

10-7

10-7

10-7

Sec. 10.02.001 Purpose ................................................................................. 10-7

Sec. 10.02.002 Definitions ............................................................................ 10-7

Sec. 10.02.003 Nondiscrimination and competitive neutrality .......................... 10-8

Sec. 10.02.004 Governing law ............................................................................. 10-9

Sec. 10.02.005 Franchise required ....................................................................... 10-9

Sec. 10.02.006 Registration of right-of-way occupants ..................................... 10-9 Sec. 10.02.007 Conditions of grant ...................................................................... 10-10

Sec. 10.02.008 Administration; rights of village ............................................ 10-12

Sec. 10.02.009 Enforcement; penalties ................................................................ 10-12

Sec. 10.02.010 Conflicts with franchise ordinances ........................................... 10-13 Sec. 10.02.011 Applicability of other regulations............................................... 10-13

Sec. 10.02.012 Applicability in newly annexed areas ........................................ 10-13

Division 2. Construction Standards ................................................................................. 10-13

Sec. 10.02.031 Construction permit ..................................................................... 10-13

Sec. 10.02.032 General standards; working hours .............................................. 10-14

Sec. 10.02.033 Location of facilities .................................................................... 10-15

Sec. 10.02.034 Damage to property ..................................................................... 10-16 Sec. 10.02.035 Notice of repair and emergency work ........................................ 10-16

Sec. 10.02.036 Maintenance of facilities ............................................................ 10-16

Sec. 10.02.037 Relocation or removal of facilities ............................................ 10-16

Sec. 10.02.038 Emergency removal or relocation of facilities ....................... 10-17

Sec. 10.02.039 Restoration of public rights-of-way and village property ........ 10-17

Sec. 10.02.040 Plans of record ............................................................................. 10-18

Sec. 10.02.041 Duty to provide information ....................................................... 10-18



10-7


(Reserved)

ARTICLE 10.02 RIGHT-OF-WAY MANAGEMENT†



The purpose of this article is to:

(1) Assist in the management of public rights-of-way in a nondiscriminatory and

competitively neutral manner.

(2) Govern the use and occupancy of the rights-of-way by certificated

telecommunications providers, cable service providers, electric distribution systems,

gas distribution systems, and all other persons expressly authorized by the village or

state law to construct and maintain facilities in the public rights-of-way.

(3) Assure that the village can continue to fairly and responsibly protect the public

health, safety and welfare and effectively manage its rights-of-way as a vital public

resource.

(Ordinance 2001-03-02, sec. I(A), adopted 3/5/01)


Whenever used in this article, the following terms, as well as their singular, plural, and possessive

forms, shall have the following definitions and meanings, unless the context of the sentence in

which they are used indicates otherwise:

Cable service means “cable service” as defined in the Cable Communications Policy Act of 1984,

as amended, 47 U.S.C.A. section 522 et seq.

Certificated telecommunications provider or CTP means a person who has been issued a

certificate of convenience and necessity, certificate of operating authority, or service provider

certificate of operating authority by the public utility commission to offer local exchange

telephone service.

District means any district or authority created by authority of either Texas Constitution, article

III, section 2(b)(1)–(2) [52(b)(1)–(2)], or article XVI, section 59.

* State law reference–Municipal streets, alleys, etc., V.T.C.A., Transportation Code, ch. 311.

† State law references–Use of municipal streets and sidewalks for public conveniences and amenities or

for private uses, V.T.C.A., Transportation Code, ch. 316; management of public right-of-way used by

telecommunications provider, V.T.C.A., Local Government Code, ch. 283.


10-8

Facilities means any and all of the duct spaces, manholes, lines, wires, fibers, poles, conduits,

underground and overhead passageways, and other equipment, structures, plant and

appurtenances, and all associated transmission media, placed in, on, over or under the public

rights-of-way, including wires, cables and pipelines.

Grantee means a person that the village has expressly granted the authority to use, occupy and

construct facilities within the village’s public rights-of-way pursuant to a duly enacted franchise

ordinance. The term also includes certificated telecommunications providers, districts, and water

supply corporations.

Person means a natural person (an individual), corporation, company, association, partnership,

firm, limited liability company, joint venture, joint stock company or association, cooperative,

utility, public utility, retail public utility, district, water supply corporation, political subdivision

and other such entity.

Public rights-of-way or rights-of-way means the area on, below, above or adjacent to a public

roadway, highway, street, public sidewalk, alley, waterway, or utility easement, in which the

village has an interest. The term does not include the airwaves above a right-of-way with regard

to wireless telecommunications.

Public utility means a public utility as that term is used in the Public Utility Regulatory Act of

1995, Texas Utilities Code, section 11.004, including municipally owned and/or operated utilities.

Telecommunications service means the rent, sale or lease of plant, equipment, facilities, or other

property for the transmission of voice, data, image, graphics and other communications between

or among points by wire, fiber optics, or other similar facilities, but does not include the provision

to the public of any “wireless service,” as defined by law, and does not include long-distance

transmissions (inter-LATA and intra-LATA toll transmissions).

Telecommunications utility means “telecommunications utility” as used in the Public Utility

Regulatory Act of 1995, Texas Utilities Code, section 51.002(11).

Use and occupancy means installation, construction, reconstruction, maintenance, or repair of any

facilities in, over, under, along, through or across the public rights-of-way for any purpose

whatsoever.

Village council means the governing body (i.e., the city council or board of aldermen) of the

village.

Water supply corporation means a nonprofit water supply or sewer service corporation created or

operating under Texas Water Code chapter 67.

(Ordinance 2001-03-02, sec. I(B), adopted 3/5/01)

Sec. 10.02.003 Nondiscrimination and competitive neutrality

The village hereby recognizes that it has the legal duty to ensure that it will not create physical or

economic barriers to any grantee attempting to enter the market, and to ensure that all village

regulations are imposed in a competitively neutral manner. (Ordinance 2001-03-02, sec. I(C),

adopted 3/5/01)


10-9

Sec. 10.02.004 Governing law

This article shall be construed in accordance with the other village ordinances in effect on the

date of passage of this article and as may be amended from time to time to the extent that such

ordinance is not in conflict with or in violation of the constitution and laws of the United States or

the State of Texas. (Ordinance 2001-03-02, sec. I(D), adopted 3/5/01)

Sec. 10.02.005 Franchise required

(a) Generally. No person shall use, occupy or construct facilities in, upon, over or under the

village’s public rights-of-way without first having applied for and received a franchise or other

authorization, unless otherwise provided by law.

(b) Exception for certificated telecommunications providers. Pursuant to Texas Local

Government Code chapter 283, a CTP is not required to obtain a franchise. A CTP is subject to

all other provisions of this article.

(Ordinance 2001-03-02, sec. II, adopted 3/5/01)

Sec. 10.02.006 Registration of right-of-way occupants

(a) Registration required.

(1) No person shall use, maintain, operate, occupy or construct facilities in, upon, over,

or under the village’s public rights-of-way without having registered with the village

in accordance with the following provisions. In order to protect the public health,

safety and welfare, all persons using or occupying the rights-of-way will register with

the village. Registration will be issued in the name of the person who will own the

facilities. Registration must be renewed every five (5) years. If a registration is not

renewed, subject to 60-day notification to the owner, the facilities of the user will be

deemed to have been abandoned.

(2) Persons possessing a current franchise issued by the village do not need to register

under this section.

(b) Required information.

(1) Registration shall be on a form prescribed by the village and shall include:

(A) The name of the user of the rights-of-way;

(B) The name, address and telephone number of the people who will be contact

person(s) for the user;

(C) The name, address and telephone number of any and all contractors or

subcontractors who will be working in the rights-of-way on behalf of the user;

(D) The name(s) and telephone number of an emergency contact who shall be

available twenty-four (24) hours a day;

(E) Proof of insurance, as specified in section 10.02.007(b).


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(2) When any information provided in the registration changes, the user shall inform the

village of the change no more than thirty (30) days after the date the change is made.


Sec. 10.02.007 Conditions of grant

(a) Indemnity.

(1) The grantee shall, at its sole cost and expense, indemnify, defend and hold harmless

the village, its officers, boards, commissions, agents and employees, against and from

any and all claims, demands, causes of action, suits, proceedings, damages, liabilities

and judgments of every kind arising out of or due to the grantee’s construction,

maintenance, or operation of a system in the village, including but not limited to

damages for injury or death or damages to property, real or personal, and against all

liabilities to others and against all loss, cost and expense, resulting or arising out of

any of the same.

(2) The indemnity provided by this subsection does not apply to any liability resulting

from the negligence of the municipality, its officers, employees, contractors, or

subcontractors. If a grantee and the municipality are found jointly liable by a court of

competent jurisdiction, liability shall be apportioned comparatively in accordance

with the laws of this state, without, however, waiving any governmental immunity

available to the municipality under state or federal law and without waiving any

defenses of the parties under state or federal law. This section is solely for the benefit

of the municipality and the grantee and does not create or grant any rights,

contractual or otherwise, to any other person or entity.

(3) The grantee or the village shall promptly advise the other in writing of any known

claim or demand against the grantee or village related to or arising out of the

grantee’s activities in public rights-of-way.

(b) Grantee insurance.

(1) Each grantee shall secure and maintain the following liability insurance policies:

(A) General liability insurance with limits not less than:

(i) One million dollars ($1,000,000.00) primary; and

(ii) One million dollars ($1,000,000.00) umbrella or other securities as

acceptable to the mayor or his designee.

(B) Worker’s compensation for the grantee’s employees within statutory limits.

The liability insurance policies required by this section shall be maintained by the

grantee throughout the term during which the grantee is otherwise operating within

public rights-of-way, or is engaged in the removal of its facilities.


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(2) Such liability insurance shall be kept in full force and effect by the grantee during the

existence of this franchise and thereafter for a period of not less than twelve (12)

months.

(3) Unless otherwise precluded by law, the grantee may satisfy one or more of the

insurance requirements specified in this section through self-insurance. In no event

shall a self-insurance proposal be approved absent the village’s satisfaction that the

grantee is in a sound financial condition, which shall be evidenced by a letter of self-

insurance to be provided to the village.

(c) Bonds.

(1) The mayor or the mayor’s designee may waive the requirement of a bond, if the

grantee is able to demonstrate financial responsibility by having assets in excess of an

amount determined appropriate by the village mayor. In the event the mayor

determines a bond is required, due to insufficient assets or a demonstration that the

grantee is not adequately or promptly fulfilling its responsibilities in the public

rights-of-way, it shall meet the requirements of this section.

(2) To the extent not maintained by an affiliate, the grantee shall annually obtain,

maintain and file with the village secretary a corporate surety bond with a surety

company authorized to do business in the state, and found acceptable by the village

attorney, in the amount of seventy-five thousand dollars ($75,000.00), or of the

estimated amount of the value of work anticipated to be done in that year, whichever

is greater, to guarantee the restoration of the rights-of-way in the event the grantee

leaves a job site in the rights-of-way unfinished, incomplete or unsafe or

unreasonably delays the completion of the construction. The grantee shall provide

this corporate surety bond within thirty (30) days of the issuance of a permit under

this article but prior to commencement of construction. Should a grantee without a

bond in place leave a job site in the rights-of-way unfinished, incomplete or unsafe or

unreasonably delay the completion of construction, the grantee will pay the actual

cost of restoring the rights-of-way, plus an administrative fee to reimburse the

village’s cost of overseeing any such restoration.

(3) The rights reserved to the village with respect to the bond are in addition to all other

rights of the village, whether reserved by this article or authorized by law, and no

action, proceeding or exercise of a right with respect to such bond shall affect any

other right the village may have.

(4) The bond shall contain the following endorsement: “It is hereby understood and

agreed that this bond may not be canceled by the surety nor any intention not to

renew be exercised by the surety until sixty (60) days after the receipt by the village,

by registered mail, of written notice of such intent.”

(5) Pursuant to Texas Water Code section 49.220, this subsection does not apply to

districts and water supply corporations.

(d) Assignment or transfer of business. The village requires the grantee to maintain current

point of contact information and provide notice of a transfer or assignment of business ownership

or control.


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(e) Notices.

(1) All notices to the village shall be in writing via certified mail, return receipt

requested, to:

Village Mayor

Village of Point Venture

555 Venture Blvd. S.

Point Venture, Texas 78645

(2) All notices to a grantee shall be in writing via certified mail, return receipt requested,

to the contact person and address provided by the grantee to the village. Notice shall

be deemed effective when mailed to the most recent address provided by the grantee

to the village.

(3) Any change in the address, telephone number or fax number of the grantee or the

village shall be furnished to the other within a reasonable time.

(Ordinance 2001-03-02, sec. V, adopted 3/5/01)

Sec. 10.02.008 Administration; rights of village

(a) The village may, at reasonable times but not more than once annually unless there is good

cause, make inquiries pertaining to compliance with this article, and the grantee shall respond to

such inquiries on a timely basis.

(b) The village may establish, after reasonable notice, such rules and regulations as may be

appropriate for the administration of this article in the construction of the grantee’s facilities on

village property to the extent permitted by law.

(c) The village shall have the right to lay, and permit to be laid, cable, electric, gas, water,

wastewater, and other pipelines, cables, conduits or facilities and to do and permit to be done

underground and overhead installation in, across, along, over or under any street, alley, highway,

public right-of-way or public property occupied by the grantee and to change any curb or

sidewalk or grade of any street.

(Ordinance 2001-03-02, sec. VI, adopted 3/5/01)











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this article; and


(Ordinance 2001-03-02, sec. VII, adopted 3/5/01; Ordinance adopting Code)

Sec. 10.02.010 Conflicts with franchise ordinances

Should all or part of this article be inconsistent or conflict with a specific franchise ordinance

adopted by the village, the two shall be read together to the extent possible; otherwise, specific

provisions contained within the franchise ordinance shall govern as to that particular grantee.

(Ordinance 2001-03-02, sec. VIII(B), adopted 3/5/01)

Sec. 10.02.011 Applicability of other regulations

Grantees shall, at all times, be subject to the lawful exercise of the village’s police power and

regulatory authority and such reasonable and authorized regulations as the village shall hereafter

by resolution or ordinance provide. (Ordinance 2001-03-02, sec. VIII(C), adopted 3/5/01)

Sec. 10.02.012 Applicability in newly annexed areas

This article shall apply in newly annexed areas upon the date of annexation. (Ordinance 2001-03-

02, sec. VIII(D), adopted 3/5/01)

Secs. 10.02.013–10.02.030 Reserved

Division 2. Construction Standards

Sec. 10.02.031 Construction permit

(a) No person shall excavate, contract [construct], install, repair or maintain facilities in, upon,

over or under the village’s public rights-of-way or affect traffic flow without first having applied

for and received a non-exclusive rights-of-way construction permit from the village in accordance

with the following provisions. Persons, including grantees, are required to obtain a rights-of-way

construction permit prior to conducting land disturbing activities for any reason in the public

rights-of-way.

(b) A permit shall not be required for the installation of facilities necessary to initiate service

to a customer’s property, or repair or maintenance of existing facilities unless such repair or

maintenance requires the breaking of pavement, the closure of a nonresidential traffic lane,

excavation or boring.



10-14

(c) No permit shall be issued unless the grantee has a valid franchise, as provided by section

10.02.005, and the grantee is in full compliance with all terms of the franchise, including payment

of any franchise fees.

(d) No permit shall be issued unless the grantee has registered with the village, as provided by

section 10.02.006.

(e) The rights-of-way construction permits shall be available without charge and shall not be

unreasonably delayed or withheld by the village.

(f) On a form prescribed by the village, the grantee shall provide the following information in

order to apply for a rights-of-way construction permit:

(1) The name of the grantee;

(2) The name, address and telephone number of the contact person(s) for the grantee;

(3) The name, address and telephone number of any and all contractors or subcontractors

performing the work;

(4) A detailed description of the project, duration of the project, location of the desired

work, erosion control plan, and proposal for lane closures, if any; and

(5) Proof of insurance and a surety bond, as specified in section 10.02.007(b) and (c).

(g) A copy of the permit and engineering plans shall be maintained at the construction site and

made available for inspection by the village at all times when construction or installation work is

occurring.

(h) If any of the provisions of this article are not followed, a permit may be revoked by the

mayor or the mayor’s designee. If a person has not followed the terms and conditions of this

article and [in] work done pursuant to a prior permit, new permits may be denied or additional

terms required.

(i) Appeal from denial or revocation of permit or from the decision of the mayor or the

mayor’s designee shall be to the village council. Appeal shall be filed with the village secretary

within fifteen (15) calendar days from the date of the decision being appealed.

(Ordinance 2001-03-02, sec. IV(A), adopted 3/5/01)

Sec. 10.02.032 General standards; working hours

(a) Underground facilities installed by the grantee in areas of new development in the village

shall be under construction within sixty (60) days of a developer’s request and assurance that the

site is ready for utility installation. The grantee shall maintain good faith efforts toward

completion of the installation of facilities. Surface equipment may be installed at any time

provided no excessive damage to infrastructure occurs.


10-15

(b) Final or record plats of approved subdivisions may be obtained from the village. When any

final or record plat has been signed by the property owner and approved by the village, a grantee

may begin construction and installation of facilities in the utility easements as depicted in the

final or record plat.

(c) Pursuant to the laws of the state and this article, the grantee has the non-exclusive right and

privilege to use and occupy the public rights-of-way in the village for the purpose of maintaining

and operating its facilities subject to the terms, conditions, and stipulations set forth in this article,

the constitution and laws of the United States and the state and the village’s ordinances to the

extent such ordinances are not in conflict herewith.

(d) The grantee’s facilities and transmission media used in or incident to the provision of

services and to the maintenance of a business by the grantee in the village shall remain as now

constructed, subject to such changes under the conditions prescribed in this article as may be

considered necessary to protect the public health and safety, and such changes and extensions as

may be considered necessary by the grantee in the pursuit of its business. The grantee shall at all

times during the term of this article be subject to all lawful exercise of the police power by the

village in the operation and maintenance of the public rights-of-way. The terms of this article

shall apply throughout the village and shall apply to all of the grantee’s facilities.

(e) The permitted working hours in the rights-of-way are 7:00 a.m. to 6:00 p.m., Monday

through Friday. Work that needs to be performed after 6:00 p.m. Monday through Friday must be

approved by the village in advance. Any work performed on Saturday must be approved twenty-

four (24) hours in advance by the village. Directional boring is permitted only Monday through

Friday, 7:00 a.m. to 6:00 p.m., unless approved in advance. No work will be done, except for

emergencies, on Sundays or legal holidays, unless approved in advance.

(Ordinance 2001-03-02, sec. IV(B), adopted 3/5/01)

Sec. 10.02.033 Location of facilities

All facilities shall be constructed, installed and located in accordance with the following terms

and conditions:

(1) All telephone lines, cables, wires and pipelines in the village’s public rights-of-way

are required by this article to be placed underground. Any and all of the grantee’s

lines, cables, wires and pipes installed after the effective date of this article shall be

buried. The grantee shall install its facilities within its existing underground duct or

conduit whenever excess capacity exists within such facility. In areas of new

construction and development within the village, the grantee shall install and occupy

underground conduit or ducts.

(2) The grantee shall use best efforts to install its facilities within its existing

underground duct or conduit whenever excess capacity exists within such facility.

(3) Grantees are hereby charged with the knowledge that the Point Venture Property

Owners Association, Inc. (“the association”) has reconstructed roads and streets

within the village for the past nine (9) years. Upon the request of the association,

certain grantees have installed road crossing sleeves prior to reconstruction in an

effort to reduce future road crossing cuts. The village will continue the program of


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reconstruction for the remaining approximately 9,000 linear feet of roadway yet to be

improved in the village. Designated grantees intending to occupy the rights-of-way

along these improved roadways shall be required to place road crossing sleeves in

designated locations in order to lessen the likelihood of road cuts on the newly

constructed roads.

(4) In determining whether any requirement under this section is unreasonable or

unfeasible, the village mayor or the mayor’s designee shall consider, among other

things, whether the requirement would subject the grantee to an unreasonably

increased risk of service interruption, to an unreasonably increased liability for

accidents, to an unreasonable delay in construction or in the availability of its

services, or to any other unreasonable technical or economic burden.

(Ordinance 2001-03-02, sec. IV(C), adopted 3/5/01)

Sec. 10.02.034 Damage to property

The grantee, or any person acting on the grantee’s behalf, shall not take any action or permit any

action to be done which may impair or damage any village property or other property located in,

on or adjacent to the public rights-of-way. Nothing in this article relieves a grantee, the

municipality, or any other person or entity from its obligations to obtain locates of underground

facilities before excavation as required by the Underground Facility Damage Prevention and

Safety Act, Texas Utilities Code, section 251.001 et seq. (Vernon Supp. 1999). (Ordinance 2001-

03-02, sec. IV(D), adopted 3/5/01)

Sec. 10.02.035 Notice of repair and emergency work

The grantee, or any person acting on the grantee’s behalf, shall not commence any work in or

about village property or public rights-of-way without providing seven (7) days’ advance notice

to the village. If an emergency exists which makes advance notification impossible, the grantee

may begin that response or repair work, or take any action required under the circumstances,

provided that notice to the village is given as promptly as possible after beginning the work, and

the grantee acquires any approval required by village ordinances applicable to emergency

response work. (Ordinance 2001-03-02, sec. IV(E), adopted 3/5/01)

Sec. 10.02.036 Maintenance of facilities

The grantee shall maintain its facilities in good and safe conditions and in a manner that complies

with all applicable laws. (Ordinance 2001-03-02, sec. IV(F), adopted 3/5/01)

Sec. 10.02.037 Relocation or removal of facilities

(a) The grantee may not locate or maintain its facilities so as to unreasonably interfere with the

use of village property or public rights-of-way by the village or by other persons authorized to use

or be present in or upon village property or public rights-of-way. In the event of unreasonable

interference to village property or public rights-of-way, such facilities shall be moved by the

grantee, temporarily or permanently, as determined by the village mayor or the mayor’s designee

upon reasonable notice. If the temporary removal of the grantee’s aerial facilities is necessary to

permit the moving of houses or other bulky structures, the grantee shall be required to temporarily


10-17

remove the same upon not less than twenty (20) days’ advance notice by a party permitted to

move a building, house or other bulky structure. Upon a showing that twenty (20) days does not

afford a grantee adequate time to arrange removal of facilities, the parties shall agree upon a

schedule which shall not unreasonably delay the moving of houses or other bulky structures. The

expenses of such temporary relocation or removal of aerial facilities shall be paid in advance by

the party or parties requesting and benefiting from such temporary relocation or removal.

(b) Within ninety (90) days following written notice from the village, or a mutually agreed

upon time frame, the grantee shall, without claim for reimbursement or damages against the

village, temporarily or permanently remove, relocate, change or alter the position of any facilities

on village property or within the public rights-of-way whenever village officials determine that

such removal, relocation, change or alteration is reasonably required for the widening or

straightening of streets.

(c) In any instance in which operation of subsection (a) of this section is deemed by the grantee

to impose a significant financial hardship, the grantee shall have the right to present alternative

proposals to the village, and the village shall give due consideration to any such alternative

proposals.

(d) If, after proper notice, the grantee fails or refuses to remove or abate the facilities in

question, the village retains the rights and privilege to remove or abate any such utility facilities,

at the sole cost and expense of the grantee. In performing or permitting such work to be done, the

village shall not be liable to any carrier or any grantee for any damages to any utility facilities

unless directly and proximately caused by the willful, intentional or malicious act by the village,

and shall not be liable in any event for any consequential damages relating to service

interruptions.

(Ordinance 2001-03-02, sec. IV(G), adopted 3/5/01)

Sec. 10.02.038 Emergency removal or relocation of facilities

The village retains the right and privilege to cut or move any facilities located on village property

or within the public rights-of-way that the village may determine to be necessary, appropriate or

useful in response to any public health or safety emergency. The village shall cooperate to the

extent possible with the grantee in such instances to assure continuity of service, and to afford the

grantee the opportunity to make such relocation and/or removal itself where deemed reasonable,

at the village’s sole discretion. The village shall use all reasonable means to minimize the

disruption of service. (Ordinance 2001-03-02, sec. IV(H), adopted 3/5/01)

Sec. 10.02.039 Restoration of public rights-of-way and village property

(a) When the grantee, or any person acting on its behalf, does any work in or affecting any

public rights-of-way or village property, it shall, at its own expense, promptly remove any

obstructions and restore such public rights-of-way or village property to as good a condition as

existed before the work was undertaken, including the compaction of all trench fill material in

accordance with applicable regional standards. Soil testing shall be undertaken at all street

crossings and as requested by village inspectors, and as is required of all other users of the public

rights-of-way.


10-18

(b) The grantee shall replace and properly re-lay and repair the surface, base, irrigation system

and landscape treatment of any public rights-of-way that may be excavated or damaged by reason

of the erection, construction, maintenance, or repair of the grantee’s facilities within thirty (30)

calendar days after completion of the work in accordance with existing standards of the village in

effect at the time of the work.

(c) If weather or other conditions do not permit the complete restoration required by this

section, the grantee shall temporarily restore the affected rights-of-way or property. Such

temporary restoration shall be at the grantee’s sole expense and the grantee shall promptly

undertake and complete the required permanent restoration when the weather or other conditions

no longer prevent such permanent restoration.

(d) The grantee shall contain all sediment within the work area using erosion control measures

and erosion-limiting construction techniques. The grantee shall submit a construction erosion

control plan with all permit applications. All construction materials shall be cleared from rights-

of-way by the end of every business day. A waiver may be granted for this requirement.

(e) The grantee or other person acting on its behalf shall use suitable barricades, flags,

flagmen, lights, flares and other measures as required for the safety of all members of the general

public and to prevent injury or damage to any person, vehicle or property by reason of such work

in or affecting such rights-of-way or property.

(Ordinance 2001-03-02, sec. IV(I), adopted 3/5/01)

Sec. 10.02.040 Plans of record

(a) Within sixty (60) days of completion of each new permitted section of a grantee’s facilities,

the grantee shall supply the village with a complete set of “as built” plans of record for the new

permitted section in a format used in the ordinary course of business of the grantee’s business, to

the extent they are prepared in the ordinary course of business, but excluding customer specific,

proprietary or confidential information and as reasonably prescribed by the village, and as

allowed by law. The village may, at its discretion, accept any reasonable alternative to “as built”

plans of record which provides adequate information as to the location of facilities in the public

rights-of-way.

(b) The grantee shall maintain maps of all of the grantee’s facilities located on village property

or within the public rights-of-way and shall promptly locate its facilities at the village’s request.

(Ordinance 2001-03-02, sec. IV(J), adopted 3/5/01)

Sec. 10.02.041 Duty to provide information

Within twenty (20) days of a written request from the village mayor or the mayor’s

representatives, the grantee shall furnish the village with information directly related to the

grantee’s use, occupancy or construction within or upon public rights-of-way and as otherwise

required by state law to be furnished to the village. (Ordinance 2001-03-02, sec. IV(K), adopted

3/5/01)

11-1

CHAPTER 11

TRAFFIC AND VEHICLES

ARTICLE 11.01 GENERAL PROVISIONS .................................................................... Sec. 11.01.001 .................................................................................. Purpose

Sec. 11.01.002 ............................................................................ Definitions Sec. 11.01.003 ........................................................ Enforcement; penalties Sec. 11.01.004 .................................... Exceptions for emergency vehicles

11-7

11-7

11-7

11-8

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ARTICLE 11.02 TRAFFIC-CONTROL DEVICES ........................................................ 11-9

Sec. 11.02.001 Conformance with manual and specifications ...................... 11-9

Sec. 11.02.002 Obedience......................................................................... 11-9

Sec. 11.02.003 Enforcement if device not in place ......................................... 11-10

Sec. 11.02.004 Interference .............................................................................. 11-10

Sec. 11.02.005 Display of unauthorized signs, signals or markings ............. 11-10

Sec. 11.02.006 Installation ................................................................................ 11-11

Sec. 11.02.007 Prima facie evidence of authorized installation .................. 11-11

ARTICLE 11.03 OPERATION OF VEHICLES .............................................................. 11-11

Sec. 11.03.001 Speed ................................................................................ 11-11

ARTICLE 11.04 PARKING ........................................................................................... 11-12

Sec. 11.04.001 Parking on street prohibited .................................................... 11-12

Sec. 11.04.002 Parking on unimproved right-of-way prohibited .................. 11-12

ARTICLE 11.05 GOLF CARTS ......................................................................................... 11-13

Sec. 11.05.001 Purpose ............................................................................. 11-13

Sec. 11.05.002 Definitions ........................................................................ 11-13

Sec. 11.05.003 Enforcement; penalty .............................................................. 11-13

Sec. 11.05.004 Operation generally; operation by minor ............................... 11-14



11-7



This chapter is adopted so that the village council may promote the public health, safety, morals

and general welfare within the village through the regulation of vehicular traffic. By establishing

speed limits within the village, providing for traffic-control devices, and regulating parking in

certain areas within the village, the village council seeks to prevent bodily injury, death, and

property damage within the village limits. (Ordinance 2007-06-01, sec. II, adopted 6/11/07)


Words and phrases used in this chapter shall have the meanings set forth in this section. Words

and phrases which are not defined in this chapter but are defined in other ordinances of the village

shall be given the meanings set forth in those ordinances. Other words and phrases shall be given

their common, ordinary meaning unless the context clearly requires otherwise. Headings and

captions are for reference purposes only, and shall not be used in the interpretation of this chapter.

Emergency vehicle means police vehicles, animal control vehicles, vehicles of the fire

department, ambulances, vehicles carrying a state, county or municipal officer or employee in

response to an emergency call, and emergency vehicles of public service corporations on an

emergency call.

Person means an individual, corporation, organization, government agency, business trust,

partnership, association, or any other legal entity.

Street means all public streets of the village, and any portions of such streets.

Traffic-control device means a sign, signal, marking, or device that is installed, placed, erected or

used by the village and is used to regulate, warn, guide, direct or control traffic within the village.

Vehicle means a device that can be used to transport or draw persons or property on a street,

including but not limited to a moped, power-driven bicycle, motorcycle, motor scooter,

automobile, truck, golf cart, tractor, and all-terrain vehicle. The term does not include:

(1) A device exclusively used on stationary rails or tracks; or

(2) Manufactured housing as that term is defined by the Texas Manufactured Housing

Standards Act.

Village limits means the municipal boundaries (i.e., city limits) of the village.


* State law references–Rules of the road, V.T.C.A., Transportation Code, title 7, subtitle C, ch. 541 et seq.;

powers of local authorities regarding traffic and vehicles, V.T.C.A., Transportation Code, sec. 542.202;

limitation on local authorities regarding traffic and vehicles, V.T.C.A., Transportation Code, sec. 542.203.


11-8



provisions of this chapter as may be required by governing law. Any person violating any

provision of this chapter is subject to suit for injunctive relief as well as prosecution for criminal

violations. Any violation of this chapter is hereby declared to be a nuisance.

(b) Criminal prosecution. Any person violating any provision of this chapter shall, upon


this code; provided, however that no penalty shall be greater or less than the penalty provided for

the same or a similar offense under the laws of the state. Each day that a provision of this chapter

is violated shall constitute a separate offense.

(c) Civil remedies. Nothing in this chapter shall be construed as a waiver of the village’s right

to bring a civil action to enforce the provisions of this chapter and to seek remedies as allowed by


(1) Injunctive relief to prevent specific conduct that violates this chapter or to require

specific conduct that is necessary for compliance with this chapter;

(2) A civil penalty up to $1000.00250.00 a per day when it is shown that the defendant was

actually notified of the provisions of this chapter and after receiving notice committed

acts in violation of this chapter or failed to take action necessary for compliance with

this chapter; and

(3) Other avai lable re l i e f . (Ordinance 2007-06-01, sec. X,

adopted 6/11/07; Ordinance adopting Code)

State law reference–General penalty for violation of rules of the road, V.T.C.A., Transportation Code, sec.

542.401.

Sec. 11.01.004 Exceptions for emergency vehicles

(a) Exceptions. The driver of an emergency vehicle, when responding to an emergency call or

when in the pursuit of an actual or suspected violator of the law, or when responding to a fire

alarm, may exercise the privileges set forth in this section, subject to the conditions stated below:

(1) Park or stand, irrespective of the provisions of this chapter or any village ordinance;

(2) Proceed past a red or stop signal or stop sign, but only after slowing down as may be

necessary for safe operation;

(3) Exceed the prima facie speed limit as long as life and property are not endangered;

and

(4) Disregard regulations governing direction of movement or turning in specified

directions.

Commented [ZE14]: LGC 54.017.

Note that the odds are very, very low of there being a civil

remedy for a traffic-related offense, but in the offhand

chance that the it comes up, the fine should be at the max

allowed by law.


11-9

(b) Applicability; lights; duty of care.

(1) The exceptions herein granted shall apply only when emergency vehicles are

responding to Code 1, Code 2 or Code 3 emergencies. An emergency vehicle shall be

equipped with at least two lighted lamps displaying a red light visible under normal

atmospheric conditions from a distance of 500 feet forward. Emergency vehicles

operated as a police vehicle or animal control vehicles need not be equipped with or

display a red light visible in front of the vehicle.

(2) Nothing in this chapter shall relieve the driver of an emergency vehicle from the duty

to drive with due regard for the safety of all persons or protect the driver from the

consequences of his reckless disregard for the safety of others.

(Ordinance 2007-06-01, sec. VIII, adopted 6/11/07)

State law references–Operation of authorized emergency vehicles, V.T.C.A., Transportation Code, ch.

546; permissible conduct, V.T.C.A., Transportation Code, sec. 546.001.

ARTICLE 11.02 TRAFFIC-CONTROL DEVICES*

Sec. 11.02.001 Conformance with manual and specifications

All traffic-control devices including signs, signals and markings (pavement and/or curb) installed

or used for the purpose of directing and controlling traffic within the village shall conform with

the manual and specifications adopted by the state transportation commission as provided in

V.T.C.A., Transportation Code, section 544.001. All signs, signals and markings erected or used

by the village must conform to the manual and specifications adopted under V.T.C.A.,

Transportation Code, section 544.001. All existing traffic-control devices and those erected in the

future by the village being consistent with the manual and specifications, state law and this

section shall be official traffic-control devices. (Ordinance 2007-06-01, sec. V(A), adopted

6/11/07; Ordinance adopting Code)

State law reference–Adoption of sign manual and specifications, V.T.C.A., Transportation Code, sec.

544.001.

Sec. 11.02.002 Obedience

The operator of a vehicle shall comply with an applicable traffic-control device placed as

provided by this chapter unless the person is:

(1) Otherwise directed by a traffic or police officer; or

* State law references–Authority to place and maintain traffic-control devices, V.T.C.A., Transportation

Code, sec. 542.202(1); traffic signs, signals and markings, V.T.C.A., Transportation Code, ch. 544.

(2) Operating an authorized emergency vehicle and is subject to exceptions under this


11-10

chapter.

(Ordinance 2007-06-01, sec. V(B), adopted 6/11/07)

State law reference–Compliance with traffic-control device, V.T.C.A., Transportation Code, sec. 544.004.

Sec. 11.02.003 Enforcement if device not in place

A provision of this chapter requiring a traffic-control device may not be enforced against an

alleged violator if at the time and place of the alleged violation the device is not in proper position

and sufficiently legible to an ordinarily observant person. A provision of this chapter that does not

require a traffic-control device is effective regardless of whether a device is in place. (Ordinance

2007-06-01, sec. V(C), adopted 6/11/07)

State law reference–No enforcement against alleged violator if traffic-control device not in proper position

or sufficiently legible, V.T.C.A., Transportation Code, sec. 544.004(b).

Sec. 11.02.004 Interference

It shall be unlawful for any person, without village authority, to alter, injure, knock down, or

remove, or attempt to alter, injure, knock down, or remove:

(1) A traffic-control device;

(2) An inscription, shield, or insignia on a traffic-control device; or

(3) Any other part of a traffic-control device.

(Ordinance 2007-06-01, sec. V(D), adopted 6/11/07)

State law reference–Interference with traffic-control devices or railroad signs or signals, V.T.C.A.,

Transportation Code, sec. 544.005.

Sec. 11.02.005 Display of unauthorized signs, signals or markings

(a) It shall be unlawful for any person to place, maintain, or display on or in view of a street an

unauthorized sign, signal, marking, or device that:

(1) Imitates or resembles a traffic-control device;

(2) Attempts to direct the movement of traffic; or

(3) Hides from view or hinders the effectiveness of a traffic-control device.

(b) It shall be unlawful for any person to place or maintain on a street, and a public authority

may not permit on a street, a traffic-control device bearing commercial advertising.


11-11

(c) It shall be unlawful for any person to place or maintain a flashing light or flashing electric

sign within 1,000 feet of an intersection except under a permit issued by the state transportation

commission or its successor agency.

(d) This chapter does not prohibit a person from placing on private property adjacent to a

street a sign that gives useful directional information and that cannot be mistaken for an official

village sign. Such signs must be in accordance with applicable village regulations or ordinances.

(e) A sign, signal, marking, or device prohibited under this chapter is a public nuisance, and

the mayor, or the mayor’s designee, is hereby empowered to remove the same or cause it to be

removed without notice.

(Ordinance 2007-06-01, sec. V(E), adopted 6/11/07)

State law reference–Display of unauthorized signs, signals or markings, V.T.C.A., Transportation Code,

sec. 544.006.

Sec. 11.02.006 Installation

(a) The mayor, or the mayor’s designee, shall determine the installation or erection of all

traffic-control devices. Such devices shall be installed immediately, or as soon as they can be

procured. The village shall not place or maintain a traffic-control device on a highway under the

jurisdiction of the state department of transportation without that department’s permission.

(b) The mayor shall, by written authorization, approve the installation of all traffic-control

devices. Such authorization shall be filed with the village secretary, stating the type of device and

its location.

(Ordinance 2007-06-01, sec. V(F), adopted 6/11/07)

Sec. 11.02.007 Prima facie evidence of authorized installation

Any traffic-control device actually in place shall constitute prima facie evidence that the same

was installed by the village pursuant to the authority of this chapter. (Ordinance 2007-06-01, sec.

V(G), adopted 6/11/07)

ARTICLE 11.03 OPERATION OF VEHICLES*

Sec. 11.03.001 Speed

(a) Reasonable, prudent rule. It shall be unlawful for any person to operate or drive a vehicle

on a street within the village at a speed greater than is reasonable and prudent under the

circumstances then existing. The limits specified in this section, and referred to by the term

“prima facie maximum speed limit,” shall be lawful, but any speed in excess of the limits

specified in this section shall be prima facie evidence that the speed is not reasonable or prudent

and that it is unlawful.

* State law reference–Operation and movement of vehicles, V.T.C.A., Transportation Code, ch. 546.


11-12

(b) General limit. It is hereby determined, pursuant to section 545.352(b)(1) of the Texas

Transportation Code, that the prima facie maximum speed limit on all streets within the village is

thirty (30) miles per hour, except as otherwise provided by ordinance, state law or regulation and

indicated by signs erected designating another speed. This speed limit is hereby determined and

declared to be reasonable and safe.

(c) Signs required. The prima facie maximum speed limits herein designated are not effective

until speed limit signs are erected. Once erected, the prima facie maximum speed limits

established in this chapter for all streets within the village shall be effective at all times.

(d) Placement of signs.

(1) The mayor, or the mayor’s designee, shall erect or install and maintain any and all

speed limit signs giving notice of the prima facie maximum speed limit as established

in this chapter. Such signs shall be installed immediately, or as soon as they can be

procured.

(2) The mayor shall, by written authorization, approve the installation of all speed limit

signs. Such authorization shall be filed with the village secretary, stating the location

of each such sign.

(Ordinance 2007-06-01, sec. IV, adopted 6/11/07)

State law references–Authority to establish or alter prima facie speed limits, V.T.C.A., Transportation

Code, sec. 542.202(12); speed restrictions, V.T.C.A., Transportation Code, sec. 545.351 et seq.

ARTICLE 11.04 PARKING*

Sec. 11.04.001 Parking on street prohibited

Parking vehicles, recreational vehicles, boats, and/or trailers is prohibited on all streets in the

village. This restriction is due to the narrow width of the streets, which do not permit safe passage

of traffic flow under existing conditions, and due to the need for emergency vehicles to have

unimpeded access to properties in the village. (Ordinance 2007-06-01, sec. VI, adopted 6/11/07)

Sec. 11.04.002 Parking on unimproved right-of-way prohibited

Parking vehicles, recreational vehicles, boats, and/or trailers is prohibited on all unimproved

portions of the street rights-of-way in the village. This restriction is due to the village’s need to be

able to access the unimproved right-of-way area, to ensure the safety of drivers navigating village

streets, and to ensure the safety of pedestrians approaching the street curb area. Vehicles parked

in violation of this section for more than seven calendar days are subject to the enforcement

section of this chapter. (Ordinance 2007-06-01, sec. VII, adopted 6/11/07)

* State law references–Authority to regulate parking, V.T.C.A., Transportation Code, sec. 542.202(2);

stopping, standing and parking, V.T.C.A., Transportation Code, sec. 545.301 et seq.; privileged parking for

persons with disabilities, V.T.C.A., Transportation Code, ch. 681.

ARTICLE 11.05 GOLF CARTS*


11-13


This article is adopted so that the village council may promote public health, public interest,

safety, and general welfare within the village limits through the regulation of vehicular traffic. By

providing for the regulation of golf cart usage by minors under the age of 16 and without

supervision by a licensed driver, the village council seeks to prevent bodily injury, death, and

property damage within the village limits. (Ordinance 2009-09-01, sec. II, adopted 9/14/09)







Golf cart means a motor vehicle designed by the manufacturer primarily for transporting persons

on a golf course as defined by section 502.001 of the Texas Transportation Code. This term does

not include “all-terrain vehicles,” “three-wheelers” or other motorized vehicles that, while similar

in size to golf carts, were not designed for transporting persons on a golf course.

License means an authorization issued by a state agency for the operation of a motor vehicle. The

term includes an occupational license, a temporary license, an instruction permit, a nd a

commercial driver’s license.

Licensed driver means a person who holds a valid driving license issued by the State of Texas or

other state of the United States.

Street means all public streets or roads of the village, and any portions of such streets or roads.

Village limits means the municipal boundaries (i.e., city limits) of the village.

Youth or minor means any person under the age of 16 who is not licensed to operate a motor

vehicle on a public street.



(a) Any person violating any provision of this article, upon conviction, shall be fined and

ordered to pay court cost. A violation of this article shall constitute a class C misdemeanor,

subject to fines in accordance with the general penalty provided in section 1.01.009 of this code,

per violation.

* State law reference–Golf carts and utility vehicles, V.T.C.A., Transportation Code, sec. 551.401 et seq.

(b) The village shall have the power to administer and enforce the provisions of this article as

may be required by governing law. Any person violating any provision of this article is subject to

suit for injunctive relief as well as prosecution for criminal violations, and any other available

relief.


11-14

(Ordinance 2009-09-01, sec. V, adopted 9/14/09; Ordinance 2018-04-01, sec. III, adopted

4/11/18; Ordinance adopting Code)

Sec. 11.05.004 Operation generally; operation by minor

(a) Golf carts may be operated on all or part of the public roadways within the corporate

boundaries of the village and which have a posted speed limit of not more than 35 miles per hour.

(b) Golf carts driven on public roadways shall be operated safely by all individuals at all times

and conform to all state and local laws regulating vehicular traffic.

(c) No person may operate a golf cart on a public roadway without holding:

(1) A valid Texas driver’s license; or

(2) A valid learner’s permit, as issued by the Texas Department of Public Safety, while a

licensed operator, over the age of 18, accompanies the driver in the golf cart.

(d) The restrictions in this section shall not apply to private property, including, but not limited

to, golf course lanes, trails, and driveways.

(Ordinance 2009-09-01, sec. IV, adopted 9/14/09; Ordinance 2018-04-01, sec. II, adopted

4/11/18)

12-1

CHAPTER 12

UTILITIES

ARTICLE 12.01 GENERAL PROVISIONS ....................................................................................

ARTICLE 12.02 SOLID WASTE .................................................................................................

12-7

12-7

Sec. 12.02.001 Definitions ........................................................................................ 12-7

Sec. 12.02.002 Penalty .............................................................................................. 12-7

Sec. 12.02.003 Residential service mandatory ................................................................. 12-7

Sec. 12.02.004 Commercial service mandatory ............................................................... 12-7

Sec. 12.02.005 Exclusive franchise for collection service ............................................... 12-8

Sec. 12.02.006 Failure to receive collection service declared nuisance.......................... 12-8

Sec. 12.02.007 Theft of service .......................................................................................... 12-8



12-7


(Reserved)

ARTICLE 12.02 SOLID WASTE†


Cart. A waste receptacle provided to a solid waste collection and disposal customer by the

contractor.

Container. A receptacle for recyclable materials provided to a solid waste collection and disposal

customer by the contractor.

Garbage. Trash, including every accumulation of waste (animal, vegetable and/or other matter)

that results from the customary function of a residence or business establishment, storage,

transportation, decay or decomposition of meats, fish, fowl, birds, fruits, grains or other animal or

vegetable matter (including, but not by way of limitation, used tin cans and other food containers,

and all putrescible or easily decomposable waste animal or vegetable matter which is likely to

attract flies or rodents). The term includes bulky waste, construction debris, dead animals,

hazardous waste, refuse, rubbish or stable matter.


Sec. 12.02.002 Penalty

Violation of this article is a class C misdemeanor, and may be punished by a fine in accordance

with the general penalty provided in section 1.01.009 of this code for each day of violation, each

such incident constituting a separate offense. (Ordinance 2007-01-08, sec. 6, adopted 1/8/07;


Sec. 12.02.003 Residential service mandatory

All residences within the village shall be served by commercial solid waste collection and

disposal services. (Ordinance 2007-01-08, sec. 1, adopted 1/8/07; Ordinance adopting Code)

Sec. 12.02.004 Commercial service mandatory

All business establishments within the village shall be served by commercial solid waste

collection and disposal services. (Ordinance 2007-01-08, sec. 2, adopted 1/8/07)

* State law references–Municipal utilities generally, V.T.C.A., Local Government Code, ch. 552;

miscellaneous powers and duties of utilities, V.T.C.A., Utilities Code, ch. 181.

† State law references–Municipal solid waste, V.T.C.A., Health and Safety Code, ch. 363; Solid Waste

Disposal Act, V.T.C.A., Health and Safety Code, ch. 361.


12-8

Sec. 12.02.005 Exclusive franchise for collection service

No person may contract for solid waste collection and disposal services with any provider other

than the provider granted a franchise by the village. (Ordinance 2007-01-08, sec. 3, adopted

1/8/07)

Sec. 12.02.006 Failure to receive collection service declared nuisance

It is hereby declared a public nuisance for any residence or business establishment within the

village to be occupied without having contracted for and receiving solid waste collection and

disposal services. (Ordinance 2007-01-08, sec. 4, adopted 1/8/07)

Sec. 12.02.007 Theft of service

No person shall use another person’s cart or container. It shall be an offense for a person to place

garbage, or any material, in a cart or container not belonging to that person. Each violation of this

regulation shall constitute a separate offense. This prohibition shall not apply to authorized

agents, employees, guests or relatives of customers who have contracted for service for the cart or

container. (Ordinance 2007-01-08, sec. 5, adopted 1/8/07)

Appendix A-1

APPENDIX A

FEE SCHEDULE

ARTICLE A1.000 GENERAL PROVISIONS ......................................................................................... A-7

ARTICLE A2.000 ANIMALS............................................................................................................................. A-7 Sec. A2.001 Registration fee ............................................................................................. A-7

Sec. A2.002 Dog impound fees ......................................................................................... A-7

Sec. A2.003 Dangerous dogs............................................................................................. A-7

[Next page is Appendix A-7.]

Point Venture Code of Ordinances Appendix A: Fee Schedule

Appendix A-7

ARTICLE A1.000 GENERAL PROVISIONS

(Reserved)

ARTICLE A2.000 ANIMALS

Sec. A2.001 Registration fee

Registration fees:

(1) Annual registration fee: $5.00.

(2) Registration fee (two-year): $9.00.

(3) Registration fee (three-year): $12.00.


Ordinance 2015-01-01, app. A, adopted 1/14/15)

Sec. A2.002 Dog impound fees

Dog impound fees:

(1) 1st offense: $25.00/day.

(2) 2nd offense: $50.00/day.

(3) 3rd offense and thereafter: $75.00/day.

(4) Weekend: $125.00.


Ordinance 2015-01-01, app. A, adopted 1/14/15; Ordinance adopting Code)

Sec. A2.003 Dangerous dogs

Dangerous dog registration: $50.00/year. (Ordinance 2010-07-01, app. A, adopted 7/7/10;

Ordinance 2011-01-02, app. A, adopted 1/3/11; Ordinance 2015-01-01, app. A, adopted 1/14/15)

Appendix B-1

APPENDIX B

ORDINANCE DISPOSITION TABLE

This table shows the location or gives the disposition of the ordinances within the Point Venture

Code of Ordinances. The abbreviation “NIC” means the ordinance is not included in this code,

though not necessarily repealed. In the “Supp. No.” column, the letters “CA” indicate the

ordinance was published in the original code as adopted. When an ordinance has been added as

part of a code supplement, the supplement number will be added accordingly.


2000-12-01 12/4/00 Designates location of village office and Sec. 2.01.001 CA

approves lease

2000-12-02 12/18/00 Requires permit for new buildings within Rpld. by Ord. 2017-12-02 CA

village limits

2001-01-01 1/2/01 Prescribes fiscal year Sec. 2.05.001 CA

2001-01-02 1/2/01 Designates certain officers and duties

Sec. 1 City secretary Sec. 2.03.001 CA Sec. 2 Treasurer Sec. 2.03.002 CA Sec. 3 Treasurer appointed NIC CA

Sec. 4 Village attorney Sec. 2.03.003 CA

2001-02-01 2/5/01 Adopts annual budget, FY 00-01 NIC CA 2001-03-01 3/5/01 Calls sales and use tax election NIC CA 2001-03-02 3/5/01 Uniform right-of-way management

Sec. I General

A. Purpose Sec. 10.02.001 CA B. Definitions Sec. 10.02.002 CA

C. Nondiscrimination and competitive

neutrality

Sec. 10.02.003 CA

D. Governing law Sec. 10.02.004 CA

Sec. II Franchise required Sec. 10.02.005 CA

Sec. III Registration of rights-of-way

occupants

Sec. 10.02.006 CA

Sec. IV Construction standards A. Rights-of-way construction permits Sec. 10.02.031 CA

B. Construction and maintenance of facilities

Sec. 10.02.032 CA C. Location of facilities Sec. 10.02.033 CA D. Damage to property Sec. 10.02.034 CA

E. Notice of repair and emergency work Sec. 10.02.035 CA F. Maintenance of facilities Sec. 10.02.036 CA

G. Relocation or removal of facilities Sec. 10.02.037 CA H. Emergency removal or relocation of Sec. 10.02.038 CA

facilities

I. Restoration of public rights-of-way and Sec. 10.02.039 CA

village property


Appendix B-2


2001-03-02,

cont’d.

J. Plans of record Sec. 10.02.040 CA

K. Duty to provide information Sec.

10.02.041 CA

Sec. V Conditions of grant Sec. 10.02.007 CA Sec. VI Administration of ordinance Sec. 10.02.008 CA

Sec. VII Enforcement Sec. 10.02.009 CA Sec. VIII Repealer A. General NIC CA

B. Franchises Sec. 10.02.010 CA

C. Amendments Sec. 10.02.011 CA D. Newly annexed areas Sec. 10.02.012 CA

2001-03-03 3/5/01 Grants electric distribution franchise to

Pedernales Electric Coop., Inc.

2001-04-01 4/2/01 Provides for staggered terms of office for

mayor and council members 2001-05-01 5/7/01 Grants cable franchise to Time Warner

Entertainment Advance/Newhouse

Partnership

NIC CA

Sec. 2.02.001 CA

NIC CA

2001-05-02 5/9/02 Sales and use tax election results Sec. 1.04.031 CA 2001-06-01 6/4/01 Prohibits sale, manufacture, possession,

use or combustion of fireworks Sec. I Findings of fact NIC CA

Sec. II Purpose Sec. 6.02.001 CA Sec. III Definitions Sec. 6.02.002 CA Sec. IV Sale, manufacture, possession,

use or combustion of fireworks Sec. 6.02.004 CA

Sec. V Exceptions Sec. 6.02.005 CA Sec. VI Effective date NIC CA

Sec. VII Enforcement Sec. 6.02.003 CA 2001-07-02 7/2/01 Emergency management

Sec. 1 Organization Sec. 1.02.001 CA

Sec. 2 Emergency management director– Sec. 1.02.002 CA

Powers and duties

Sec. 3 Emergency management plan Sec. 1.02.003 CA

Sec. 4 Interjurisdictional program Sec. 1.02.004 CA Sec. 5 Override Sec. 1.02.005 CA

Sec. 6 Liability Sec. 1.02.006 CA Sec. 7 Commitment of funds Sec. 1.02.007 CA

Sec. 8 Offenses; penalties Sec. 1.02.008 CA

Sec. 9 Severability NIC CA Sec. 10 Limitations Sec. 1.02.009 CA Sec. 11 Repealer NIC CA

2001-08-01 Animal control (did not receive) Rpld. by Ords. 2010-07-01, CA 2011-01-02



No.

Appendix B-3

2001-09-01 9/4/01 Adopts annual budget, FY 01-02 NIC CA

2001-09-02 9/4/01 Tax levy, FY 01-02 NIC CA

2001-09-03 9/4/01 Dispenses with office of marshal, confers Sec. 2.04.001 CA

duties on county sheriff

2001-10-01 Animal control (did not receive) Rpld. by Ord. 2011-01-02 CA

2001-10-02 10/1/01 Cancels general election, unopposed candidates

2001-12-01 12/3/01 Vests county deputy sheriff with same

powers, rights and privileges as though

deputies were peace officers of village

NIC CA

Sec. 2.04.002 CA

2002-01-01 1/7/02 Municipal court

Sec. 1 Findings of fact NIC CA

Sec. 2 Purpose Sec. 1.03.001 CA

Sec. 3 Establishment of municipal court

A. Scope Sec. 1.03.003 CA

B. Creation of the municipal court Sec. 1.03.004 CA C. Jurisdictional limits of court Sec. 1.03.005 CA D. Judges of court Sec. 1.03.006 CA

E. Writ power Sec. 1.03.007 CA F. Court rules Sec. 1.03.008 CA

G. Clerk of court Sec. 1.03.009 CA H. Preserving court record Sec. 1.03.010 CA

I. Court facilities and seal Sec. 1.03.011 CA J . Complaints and pleadings Sec. 1.03.012 CA K. Prosecution Sec. 1.03.013 CA L. Jury Sec. 1.03.014 CA

M. Appeal from judgment of conviction in municipal court

Sec. 1.03.015 CA

N. Fees and fines Sec. 1.03.041 CA

Sec. 4 Jurisdiction Sec. 1.03.002 CA

Sec. 5 Effective date NIC CA Sec. 6 Severability NIC CA

Sec. 7 Proper notice and meetings NIC CA

2002-05-01 Litter control (did not receive) Rpld. by Ord. 2012-08-01 CA

2002-06-01 6/3/02 Abandons specific portion of right-of- NIC CA

way

2002-06-02 6/3/02 Abandons specific portion of public right- NIC CA

of-way

2002-07-01 Lot clearing (did not receive) Rpld. by Ord. 2002-09-01 CA

2002-09-01 9/3/02 Repeals Ord. 2002-07-01; lot clearing NIC CA

2002-09-03 9/3/02 Adopts budget, FY 02-03 NIC CA

2002-09-04 9/3/02 Tax levy, FY 02-03 NIC CA

2002-11-02 11/4/02 Traffic regulations (did not receive) Amnd. by Ord. 2007-06-01 CA 2002-11-03 11/9/02 General election results NIC CA 2003-05-01 5/5/03 Weapons


Sec. 2 Purpose Sec. 8.02.001 CA Sec. 3 Definitions Sec. 8.02.002 CA


Appendix B-4


No.

2 0 0 3 - 0 5 - 0 1 , S e c . 4 D i s c h a r g e o f c e r t a i n w e a p o n s S e c . 8 . 0 2 . 0 0 4 C A

cont’d.

Sec. 5 Exceptions Sec. 8.02.005 CA

Sec. 6 Discharge of air guns Sec. 8.02.006 CA Sec. 7 Effective date NIC CA

Sec. 8 Enforcement Sec. 8.02.003 CA 2003-07-01 7/1/03 Building height and antenna facilities


Sec. 2 Popular name Sec. 4.07.001 CA

Sec. 3 Purpose Sec. 4.07.002 CA

Sec. 4 Applicability Sec. 4.07.003 CA Sec. 5 Definitions Sec. 4.07.004 CA Sec. 6 Maximum height allowed for

building and other structures Sec. 7 Conditional use permits for

antenna facilities Sec. 8 Construction requirements for

antenna facilities Sec. 9 Co-location requirements for

antenna facilities


Sec. 4.07.007 CA

Sec. 4.07.008 CA

Sec. 4.07.009 CA

Sec. 10 Receive-only antenna facilities Sec. 4.07.010 CA Sec. 11 Variances Sec. 4.07.011 CA Sec. 12 Additional requirements Sec. 4.07.005 CA Sec. 13 Effective date NIC CA

Sec. 14 Enforcement Sec. 4.07.006 CA 2003-09-02 9/2/03 Orders general election NIC CA


2003-09-04 9/2/03 Tax levy, FY 03-04 NIC CA

2003-10-01 10/6/03 Cancels general election, unopposed NIC CA

candidates

2003-10-02 10/6/03 Building code ordinance; adopts Rpld. by Ord. 2017-12-02 CA International Codes

2003-12-01 12/1/03 Flood damage prevention Art. 4.05 CA

2004-07-01 –/–/04 Adopts state food establishment

regulations (confirmed adopted by city)

Sec. 1.101 Adoption of Texas Food

Establishment Regulations

Sec. 7.02.001 CA

Sec. 1.102 Definitions Sec. 7.02.002 CA Sec. 1.103 Permits and exemptions Sec. 7.02.031 CA

Sec. 1.104 Application for permit, fees

and inspections

Sec. 7.02.032 CA

Sec. 1.105 Certified food manager Sec. 7.02.004 CA

Sec. 1.106 Review of plans Sec. 7.02.033 CA

Sec. 1.107 Suspension of permit Sec. 7.02.034 CA

Sec. 1.108 Revocation of permit Sec. 7.02.035 CA

Sec. 1.109 Administrative process Sec. 7.02.036 CA Sec. 1.110 Penalties; enforcement of




No.

Appendix B-5

2004-07-02 –/–/04 Public swimming pool regulations

(confirmed adopted by city) Sec. 1.101 Adoption of swimming pool

and bathhouses regulations and standards

Sec. 7.03.001 CA

Sec. 1.102 Definitions Sec. 7.03.002 CA Sec. 1.103 Permits and exemptions Sec. 7.03.031 CA

Sec. 1.104 Application for permit, fees

and inspections

Sec. 7.03.032 CA

Sec. 1.105 Review of plans Sec. 7.03.033 CA

Sec. 1.106 Skipped

Sec. 1.107 Suspension of permit Sec. 7.03.034 CA

Sec. 1.108 Revocation of permit Sec. 7.03.035 CA

Sec. 1.109 Administrative process Sec. 7.03.036 CA

Sec. 1.110 Penalties; enforcement of

penalties

Sec. 7.03.003 CA

2004-08-03 8/2/04 Orders general election NIC CA


2004-09-02 9/7/04 Tax levy, FY 04-05 NIC CA

2004-10-01 10/4/04 Cancels general election, unopposed candidates

2004-11-01 10/–/04 Expiration of building or construction

permit

2004-12-01 12/6/04 Requires electricians, plumbers, heating,

ventilation and air conditioning

contractors to be licensed by state

2004-12-02 12/6/04 Requires bond for cleanup, restoration

and repair and safety fence for building

permit applicants

2004-12-03 Eliminates building commission; building

official (did not receive)

2005-09-01 Animal control (did not receive) Rpld. by Ord. 2011-01-02 CA



2005-09-04 9/19/05 Tax levy, TY 05-06 NIC CA 2005-11-02 11/16/05 General election results NIC CA 2006-06-01 6/5/06 Adopts International Fire Code, 2003 Rpld. by Ord. 2017-12-02

edition


2006-09-02 –/–/– Cancels general election, unopposed NIC CA

candidates

2006-09-11 9/11/06 Designates location of village office Sec. 2.01.001 CA


candidates 2006-09-25 9/25/06 Tax levy, FY 06-07 NIC CA

2006-11-12 Solid waste collection (did not receive) Amnd. by Ord. 2007-01-08 CA

2007-01-01 Animal control (did not receive) Rpld. by Ords. 2010-07-01, CA 2011-01-02

NIC CA



Rpld. by Ord. 2017-12-02

Amnd. by Ord. 2008-08-04 CA


Appendix B-6


No.

2007-01-08 1/8/07 Amends Ord. 2006-11-12; solid waste collection

1. Recitals NIC CA

2. Definitions Sec. 12.02.001 CA 1. [sic] Residential service mandatory Sec. 12.02.003 CA

2. Commercial service mandatory Sec. 12.02.004 CA 3. Exclusive franchise Sec. 12.02.005 CA

4. Nuisance Sec. 12.02.006 CA

5. Theft of service Sec. 12.02.007 CA

6. Enforcement Sec. 12.02.002 CA 2007-01-09 Animal control (did not receive) Rpld. by Ord. 2007-07-01 CA

2007-02-02 Lot clearing (did not receive) Rpld. by Ord. 2009-06-01 CA

2007-05-01 5/7/07 Construction and placement of

outbuildings

Definition Sec. 4.06.001 CA Outbuildings prohibited for new Sec. 4.06.003 CA

construction Permit required Sec. 4.06.004(a) CA

Permit application Sec. 4.06.004(b) CA

Outbuilding standards Sec. 4.06.005(a) CA

Detailed outbuilding standards Sec. 4.06.005(b) CA

Appeals Sec. 4.06.006 CA

Enforcement Sec. 4.06.002(a) CA

Criminal prosecution Sec. 4.06.002(b) CA

Civil remedies Sec. 4.06.002(c) CA

2007-06-01 6/11/07 Replaces Ord. 2002-11-02; traffic

regulations

Sec. I Findings of fact NIC CA

Sec. II Purpose Sec. 11.01.001 CA

Sec. III Definitions Sec. 11.01.002 CA Sec. IV Speed Sec. 11.03.001 CA

Sec. V Traffic-control devices A. Conformity Sec. 11.02.001 CA

B. Compliance Sec. 11.02.002 CA C. Enforcement Sec. 11.02.003 CA D. Interference with a traffic-control

device

E. Display of unauthorized signs, signals

or markings

Sec. 11.02.004 CA

Sec. 11.02.005 CA

F. Installation Sec. 11.02.006 CA G. Prima facie evidence of authorized installation

Sec. 11.02.007 CA

Sec. VI On-street parking prohibited Sec. 11.04.001 CA

Sec. VII Unimproved right of way Sec. 11.04.002 CA

parking prohibited

Sec. VIII Exceptions Sec. 11.01.004 CA Sec. IX Effective date NIC CA

Sec. X Enforcement Sec. 11.01.003 CA



No.

Appendix B-7

2007-09-01 9/10/07 Tax levy, FY 07-08 NIC CA



candidates

Resolution 10/10/07 Adopts investment policy NIC CA

2008-02-01 2/4/08 Abandons specific portion of public right- NIC CA

of-way

2008-05-01 5/1/08 Prohibits storage of inoperative boats

Sec. 1 Popular name Sec. 8.03.001 CA

Sec. 2 Purpose Sec. 8.03.002 CA Sec. 3 Definitions Sec. 8.03.003 CA Sec. 4 Inoperative boat storage prohibited Sec. 8.03.005 CA Sec. 5 Effective date NIC CA

Sec. 6 Enforcement Sec. 8.03.004 CA 2008-08-04 8/4/08 Amends Ord. 2004-12-03; eliminates

building commission; building official


official Sec. 5 Appointment of building official

assistant Sec. 6 Term of building official and

assistant

Sec. 7 Removal of building official and/or assistant

Sec. 4.02.003 CA

Sec. 4.02.004 CA

Sec. 4.02.005 CA

Sec. 4.02.006 CA

Sec. 8 Appeals Sec. 4.02.007 CA

2008-08-05 8/4/08 Amends Ord. 2004-12-02; bond or other Rpld. by Ord. 2017-12-02 CA financial assurance for remediation,

cleanup, restoration and repair;

abandoned projects

2008-08-01 8/21/08 Adopts budget, FY 08-09 NIC CA 2008-08-02 8/21/08 Tax levy, FY 08-09 NIC CA 2009-06-01 6/1/09 Repeals Ord. 2007-02-02; lot clearing

Sec. 1 Short title Sec. 9.02.001 CA Sec. 2 Purpose Sec. 9.02.002 CA Sec. 3 Scope Sec. 9.02.003 CA Sec. 4 Definitions Sec. 9.02.004 CA Sec. 4 [sic] Lot clearing permit Sec. 9.02.006 CA Sec. 5 Protection during construction Sec. 9.02.008 CA Sec. 6 Variances Sec. 9.02.007 CA Sec. 7 Enforcement Sec. 9.02.005 CA

2009-09-01 9/14/09 Operation of golf carts


Sec. II Purpose Sec. 11.05.001 CA Sec. III Definitions Sec. 11.05.002 CA


Appendix B-8


2009-09-01, Sec. IV Golf cart operation on village Sec. 11.05.004 CA cont’d. streets by unlicensed minors prohibited

unless accompanied by adult Sec. V Penalties and enforcement Sec. 11.05.003 CA

9/14/09 Tax levy, TY 2009 NIC CA 2009-11-01 11/2/09 Flood damage prevention

Art. I Findings, authorization, purpose and methods

Sec. 1.01 Findings of fact Sec. 4.05.001 CA Sec. 1.02 Statutory authorization Sec. 4.05.002 CA Sec. 1.03 Statement of purpose Sec. 4.05.003 CA

Sec. 1.04 Methods of reducing flood losses

Sec. 4.05.004 CA

Art. II Definitions Sec. 4.05.005 CA Art. III General provisions Sec. 3.01 Lands to which this ordinance Sec. 4.05.006 CA

applies

Sec. 3.02 Basis for establishing the areas

of special flood hazard

Sec. 3.03 Establishment of development

permit

Sec. 4.05.007 CA

Sec. 4.05.008 CA

Sec. 3.04 Compliance Sec. 4.05.009 CA Sec. 3.05 Abrogation and greater Sec. 4.05.010 CA

restrictions Sec. 3.06 Interpretation Sec. 4.05.011 CA

Sec. 3.07 Warning and disclaimer of

liability Art. IV Administration Sec. 4.01 Designation of the floodplain

administrator

Sec. 4.02 Duties and responsibilities of

the floodplain administrator

Sec. 4.05.012 CA

Sec. 4.05.041 CA

Sec. 4.05.042 CA

Sec. 4.03 Permit procedures Sec. 4.05.043 CA Sec. 4.04 Variance procedures Sec. 4.05.044 CA Art. V Provisions for flood hazard

reduction

Sec. 5.01 General standards Sec. 4.05.071 CA Sec. 5.02 Specific standards Sec. 4.05.072 CA

Sec. 5.03 Standards for subdivision

proposals

Sec. 5.04 Standards for areas of shallow

flooding (AO/AH zones)

Sec. 4.05.073 CA

Sec. 4.05.074 CA

Sec. 5.05 Penalties for noncompliance Sec. 4.05.013 CA

2010-06-01 6/7/10 Establishes position of code enforcement

officer and officers in training

Sec. I Findings of fact NIC CA Sec. II Code enforcement officer Sec. 2.03.004 CA

Appendix B-9



No. 2010-06-02 6/7/10 Amends Ord. 2002-05-01 (did not

receive); litter control

Art. 7.04 CA

2010-07-01 7/7/10 Repeals Ords. 2001-8-01, 2007-01-01 and 2007-01-09; animal control Sec. I Findings of fact NIC CA

Sec. II Definitions Sec. 3.01.001 CA

Sec. III Adoption and incorporation of

state law

Sec. 3.01.002 CA

Sec. III [sic] Registration and vaccination

of dogs

Sec. 3.01.006 CA

Sec. IV Prohibitions A. Unregistered dogs Sec. 3.03.001 CA

B. Unvaccinated dogs Sec. 3.03.002 CA

C. Requirement for collar Sec. 3.03.003 CA

D. At-large dogs Sec. 3.03.004 CA

E. Dogs that attack or threaten to attack Sec. 3.03.005 CA

F. Physical control of dangerous dog Sec. 3.03.006 CA

G. Tethering of dogs Sec. 3.03.007 CA

H. Sani ta t ion Sec. 3.03.008 CA

I. Dog nuisance Sec. 3.03.009 CA

J. Interference with the duties of the

animal control officer

Sec. 3.03.010 CA

K. Cruelty to animals Sec. 3.03.011 CA

L. Animal confinement Sec. 3.03.012 CA

M. Poisoning of animals Sec. 3.03.013 CA

N. Unreasonable noise Sec. 3.03.014 CA

Sec. V Administration A. Animal control officer Sec. 3.02.001 CA

B. Reporting and quarantine of

dogs suspected of having rabies

Sec. 3.02.003 CA

C. Handling of dogs exposed to rabies Sec. 3.02.004 CA

D. Impoundment and other fees Sec. 3.02.005 CA

E. Procedure for dogs causing injury

or death to another animal

Sec. 3.02.006 CA

F. Determination that a dog is dangerous Sec. 3.02.031 CA

G. Required procedures for the owner

of a dangerous dog

Sec. 3.02.032 CA

H. Registration of a dangerous dog Sec. 3.02.033 CA

I. Procedures for dangerous dog at large

or attack by a dangerous dog

Sec. 3.02.034 CA

Sec. VI Enforcement Sec. 3.01.003 CA

Appendix 1 Fees and fines for violations Fines Sec. 3.01.004 CA

Fees Secs. 3.01.005, A2.001– CA

A2.003 2010-07-02 7/7/10 Designates location of village office Sec. 2.01.001 CA

2010-11-01 11/1/10 Cancels general election; unopposed

candidates

NIC CA


Appendix B-10


2011-01-01 1/3/11 Junked vehicles Sec. 1 Findings of fact NIC CA Sec. 2 Popular name Sec. 8.04.001 CA Sec. 3 Repeal of current ordinances NIC CA Sec. 4 Adoption of state law Sec. 8.04.002 CA Sec. 5 Definitions Sec. 8.04.003 CA Sec. 6 Nuisance prohibited Sec. 8.04.031 CA Sec. 7 Complaint and investigation Sec. 8.04.032 CA Sec. 8 Notice and hearing Sec. 8.04.033 CA Sec. 9 Order by judge Sec. 8.04.034 CA Sec. 10 Vehicles not to be made operable Sec. 8.04.035 CA Sec. 11 Notice to TxDOT Sec. 8.04.036 CA Sec. 12 Exemptions Sec. 8.04.037 CA Sec. 13 Administration Sec. 8.04.038 CA Sec. 14 Removal Sec. 8.04.039 CA Sec. 15 Enforcement Sec. 8.04.040 CA

2011-01-02 1/3/11 Repeals Ords. 2001-08-01, 2001-10-01,

2005-09-01 and 2007-01-01; animal

control, dogs

Sec. I Findings of fact NIC CA Sec. II Definitions Sec. 3.01.001 CA Sec. III Adoption and incorporation of Sec. 3.01.002 CA

state law Sec. III [sic] Registration and vaccination Sec. 3.01.006 CA

of dogs Sec. IV Prohibitions A. Unregistered dogs Sec. 3.03.001 CA B. Unvaccinated dogs Sec. 3.03.002 CA C. Requirement for collar Sec. 3.03.003 CA D. At-large dogs Sec. 3.03.004 CA E. Dogs that attack or threaten to attack Sec. 3.03.005 CA F. Physical control of dangerous dog Sec. 3.03.006 CA G. Tethering of dogs Sec. 3.03.007 CA H. Sanitation Sec. 3.03.008 CA I. Dog nuisance Sec. 3.03.009 CA J. Interference with the duties of the Sec. 3.03.010 CA


K. Cruelty to animals Sec. 3.03.011 CA L. Animal confinement Sec. 3.03.012 CA M. Poisoning of animals Sec. 3.03.013 CA N. Unreasonable noise Sec. 3.03.014 CA

Sec. V Administration A. Animal control officer Sec. 3.02.001 CA B. Reporting and quarantine of dogs

suspected of having rabies

Sec. 3.02.003 CA

C. Handling of dogs exposed to rabies Sec. 3.02.004 CA D. Impoundment and other fees Sec. 3.02.005 CA



No.

Appendix B-11

2011-01-02, E. Procedure for dogs causing injury or Sec. 3.02.006 CA cont’d. death to another animal


G. Required procedures for the owner

of a dangerous dog

Sec. 3.02.032 CA



Sec. 3.02.034 CA

J. Training of animal control officer Sec. 3.02.002 CA Sec. VI Enforcement Sec. 3.01.003 CA Appendix 1 Fees and fines for violations Fines Sec. 3.01.004 CA

Fees Secs. 3.01.005, A2.001– CA A2.003

2011-09-01 9/7/11 Tax levy, FY 11-12 NIC CA

2012-06-01 6/4/12 Adopts International Building Code, 2009 Rpld. by Ord. 2017-12-02 CA

edition

2012-06-02 6/4/12 Declares village’s intent to crack seal and NIC CA

sweep certain roads

2012-08-01 8/6/12 Amends Ord. 2010-06-02, repeals Ord.

2002-05-01; litter control


Sec. II Repeal of Ord. 2002-05-01 NIC CA

Sec. III Purpose Sec. 7.04.001 CA Sec. IV Definitions Sec. 7.04.002 CA

Sec. V Provisions Litter prohibited Sec. 7.04.004 CA Litter reporting Sec. 7.04.005 CA Litter removal Sec. 7.04.006 CA Lot maintenance program Sec. 7.04.007 CA Sec. VI Effective date NIC CA Sec. VII Enforcement Sec. 7.04.003 CA

2012-09-01 9/10/12 Tax levy, TY 12-13 NIC CA 2012-09-02 9/10/12 Orders general election NIC CA 2012-10-01 10/1/12 Adds ch. 36 to International Building Art. 4.04 CA

Code; substandard buildings 2012-12-01 12/3/12 General election results NIC CA 2013-09-02 9/30/13 Tax levy, FY 2013 NIC CA 2014-09-02 9/3/14 Tax levy, TY 2014 NIC CA 2015-01-01 1/14/15 Repeals Ord. 2011-01-02; animal control

Sec. I Findings of fact NIC CA Sec. II Definitions Sec. 3.01.001 CA

Sec. III Adoption and incorporation of

state law

Sec. IV Registration and vaccination of

dogs

Sec. 3.01.002 CA

Sec. 3.01.006 CA

Sec. V Prohibitions A. Unregistered dogs Sec. 3.03.001 CA

Appendix B-12



No. 2015-01-01,

cont’d. B. Unvaccinated dogs Sec. 3.03.002 CA

C. Requirement for collar Sec. 3.03.003 CA

D. At-large dogs Sec. 3.03.004 CA

E. Dogs that attack or threaten to attack Sec. 3.03.005 CA

F. Physical control of dangerous dog Sec. 3.03.006 CA

G. Tethering of dogs Sec. 3.03.007 CA

H. Sani ta t ion Sec. 3.03.008 CA

I. Dog nuisance Sec. 3.03.009 CA

J. Interference with the duties of the


Sec. 3.03.010 CA

K. Cruelty to animals Sec. 3.03.011 CA

L. Animal confinement Sec. 3.03.012 CA

M. Poisoning of animals Sec. 3.03.013 CA

N. Unreasonable noise Sec. 3.03.014 CA

Sec. VI Administration A. Animal control officer Sec. 3.02.001 CA

B. Reporting and quarantine of dogs

suspected of having rabies

Sec. 3.02.003 CA

C. Handling of dogs exposed to rabies Sec. 3.02.004 CA

D. Impoundment and other fees Sec. 3.02.005 CA

E. Procedure for dogs causing injury or

death to another animal

Sec. 3.02.006 CA


G. Required procedures for the owner of

a dangerous dog

Sec. 3.02.032 CA

H. Registration of a dangerous dog Sec. 3.02.033 CA

I. Procedures for dangerous dog at large


Sec. 3.02.034 CA

J. Training of animal control officer Sec. 3.02.002 CA

Sec. VII Enforcement Sec. 3.01.003 CA

Appendix 1 Fees and fines for violations Fines Sec. 3.01.004 CA

Fees Secs. 3.01.005, A2.001– CA A2.003

2015-03-01 3/4/15 Abolishes building commission;

appointment of building official and

assistant building official

Sec. 1 Findings of fact NIC CA Sec. 2 Purpose Sec. 4.02.001 CA Sec. 3 Duties of the building official Sec. 4.02.002 CA

Sec. 4 Qualifications of the building official and assistant

Sec. 5 Appointment of building official and assistant

Sec. 6 Term of building official and

assistant


Ord. No. Date Description

Disposition Supp.

No.

Sec. 4.02.003 CA

Sec. 4.02.004 CA

Sec. 4.02.005 CA

Appendix B-14

2015-03-01, Sec. 7 Removal of building official and/or Sec. 4.02.006 CA cont’d. assistant

Sec. 8 Appeals Sec. 4.02.007 CA Sec. 9 Repeals Ord. 2008-08-04 NIC CA

2015-03-02 3/4/15 Substandard buildings


Sec. 1 Substandard building regulations Sec. I General A. Name Sec. 4.04.001 CA B. Purpose Sec. 4.04.002 CA C. Definitions Sec. 4.04.003 CA

Sec. II Declaration of nuisance Sec. 4.04.004 CA Sec. III Inspection Sec. 4.04.005 CA Sec. IV Notice of violation Sec. 4.04.006 CA Sec. V Standards Sec. 4.04.007 CA Sec. VI Hearings Sec. 4.04.008 CA Sec. VII Order for repair or demolition Sec. 4.04.009 CA Sec. VIII Notice of repair or demolition Sec. 4.04.010 CA Sec. IX Appeal Sec. 4.04.011 CA Sec. X Demolition and repair expenses Sec. 4.04.012 CA Sec. XI Assessment of lien Sec. 4.04.013 CA Sec. XII Penalty for violation Sec. 4.04.014 CA Sec. XIII Liability Sec. 4.04.015 CA

2017-05-01 5/10/17 Grants electric utility franchise NIC CA

2017-06-02 6/28/17 Adopts residence homestead tax Sec. 1.04.061 CA

exemption

2017-12-01 12/13/17 Appoints municipal court judge NIC CA

2017-12-02 12/13/17 Repeals Ords. 2000-12-02, 2003-10-02,

2004-11-01, 2004-12-01, 2004-12-02,

2006-06-01, 2012-06-01, 2003-07-01,

sec. 6; building regulations

Sec. 1.01 Statement of purpose;

enforcement; penalty

Sec. 4.03.001 CA

Sec. 1.02 International codes Sec. 4.03.002 CA Sec. 1.03 General provisions applicable to Sec. 4.03.003 CA

all construction and improvement

activity

Sec. 1.04 Application requirements Sec. 4.03.004 CA

Sec. 1.05 Approval process Sec. 4.03.005 CA Sec. 1.06 Construction Sec. 4.03.006 CA Sec. 1.07 House elevation and location,

survey, building codes

Sec. 4.03.007 CA

Sec. 1.08 Plans and specifications Sec. 4.03.008 CA

Sec. 1.09 Utilities; inspections; and Sec. 4.03.009 CA

occupancy

Sec. 1.10 Inspection fees Sec. 4.03.010 CA Sec. 1.11 General contractor cash bond Sec. 4.03.011 CA Sec. 1.12 Swimming pools, spas, and hot

tubs Sec. 4.03.012 CA

Appendix B-15



No. 2018-03-01 3/21/18 Appoints municipal court clerk NIC CA 2018-03-02 3/21/18 Appoints alternate municipal court judge NIC CA

2018-04-01 4/11/18 Amends Ord. 2009-09-01; golf carts Sec. II Operation Sec. 11.05.004 CA

Sec. III Penalty Sec. 11.05.003 CA

TRAVIS COUNTY W.C.I.D. – POINT VENTURE 18606 Venture Drive

Point Venture, Texas 78645 512-267-1641

RE: W.C.I.D. – POINT VENTURE PROPOSAL FOR PURCHASE OF 2006 E-150 FORD VAN

VIN 1FMRE11W66HA36461

LICENSE PLATE NUMBER 1188759

MILEAGE 77,948

BACKGROUND: In 2014, Capital Metro initiated a program to grant Metro vans to organizations that could use the vans to service people that Capital Metro can’t effectively service. The Village of Point Venture was one of the organizations selected to participate in this program. Capital Metro granted three (3) Metro vans to the Village of Point Venture to help serve our residents’ transit needs. In turn, the Village of Point Venture agreed to provide quarterly van usage reports for two years to Cap Metro. After that time, the Village would be free to keep or dispose of the vans. At the January 2015 Council meeting, Council approved the Cap Metro van program. W.C.I.D. has been maintaining the vans for the last 3 ½ years, using countless man hours for maintenance, inspections, and registration. Most recently the W.C.I.D. has had to replace a window in the van they wish to purchase as well as have work done on the motor in order to get it inspected. The following are expenses incurred on this van in the last month. 5/23/2018 – Repair door window - $284.10 5/30/2018 – Repair check engine light - $367.32 6/4/2018 – Inspection - $18.50 6/5/2018 – Registration renewal - $8.25 Total - $678.17 The W.C.I.D. requested the Village to donate the van at the May 2018 Council meeting. This was after the W.C.I.D.’s truck, which was delivering BOPA for the Village, broke down and was determined not repairable. That request was denied. The W.C.I.D. will continue to use this van to support Village services. This van is not the best quality in the fleet and W.C.I.D. would like to offer a maximum of $1,000 to purchase it. Thank you. Travis County W.C.I.D. – Point Venture 18606 Venture Drive Point Venture, Texas 78645 512-267-1641 (O) 512-267-0818 (F)

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