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Home My WebLink AboutJanuary 24, 2001 Agenda Agenda No AGENDA Agenda Item. ~., .... CITY OF DENTON CITY COUNCIL 0ate_ ///~ q/t/lJ l--- January 24, 2001 Joint Meeting of the City of Denton City Council and the Denton County Commissioners Court on Wednesday, January 24, 2001 at 12 noon in the Council Work Session Room, 215 E McKinney, Denton, Texas at which the following items wtll be considered 1 C~I to Order, Announce Quorum 2 Relceive a report, hold a discussion and give staff direction regarding the following transportation items a Mass transportation/commuter rail b 1-35 Comdor c Thoroughfare Plan Update d TXDOT e Joint City/County Projects f Maintenance of.lointly owned roads g Future opportunities 3 Rqceive a report, hold a discussion and give staff direction regarding the following economic development items a Joint Tax Abatement Committee b, Texas Instrument Building c! CDD's 4 Receive a report, hold a discussion and give staff direction regarding the following dc velopment related issues a Development in the ETJ 5 R, ~ceive a report, hold a discussion and give staff direction regarding the following ~tems re ated to the downtown Square a Parking on the Square b Animal Control Ordinance c Events held on the Square 6 Receive a report, hold and discussion and give staff direction regarding library funding 7 Receive a report, hold a discussion and give staff direction regarding the Greenbelt c0mdor 8 This item is to provide an opportunity for Commissioners or Council Members to make stlggestions for future agendas and meeting dates 9 ~djourn Follow~n~ the completion of the Joint Meeting, the Council will tour the new Denton County Jail Facilltie~ at 127 N Woodrow Lane, Suite 300, Denton, Texas City of Denton City Council Agenda January 24, 2001 Page 2 CERTIFICATE I certify that the above not,ce of. In, e~tmg was pored on the bulletin board at ~e City Hall of the ~D~nton, Texas, on the /t~/~ dayof {~g.~ ,2001 at ,~'~) o'clock (a m) b/ CITY SECRETARY / NOTE THE COUNCIL WORK SESSION ROOM IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE 215 E MeKmney Street Denton, Texas 76201 (940) 349-8307 FAX (940) 349-8596 OFFICE OF THE CITY MANAGER MEMORANDUM DATE' January 24, 2001 TO' Mayor Euhne Brock & Denton C~ty Councd Members ] Judge Scott Anney & Denton County Commissioners 1 FROM' Dave Hill, Assistant City Manager - Development Services ~.f~ SUBJECT: CITY/COUNTY TRANSPORTATION & ETJ DEVELOPMENT ITEMS The agenda for the joint meeting of the Denton City Council and Denton County Comm~ssmners contmns a hst of Transportation and ETJ Development ~tems to be d~scussed A brief outhne of issues raised by staff ~s prowded below for information purposes TRANSPORTATION ITEMS 1 Mass Transportation / Commuter Raft The c~ty continues to reserve the Rmls-to-Trmls Corridor, extending south from H~ckory Street An issue of concern is the confhct between corridor preservation and new requests for at-grade roadway crossings The NCTCOG 2025 Mobility Plan now shows a commuter raft connectmn to Denton UNT officials have ~ndmated that they place a high priority on mass transit to the college to improve access for a steadily ~ncreasmg enrollment The 1-35E MIS (see below) has concluded that travel demand for roadway famht~es cannot be satisfied through lane expansions only, and that other transportation solutaons such as transit wall have to be considered 2. 1-35 Corridor City Council received a briefing on the 1-35E MIS from John Nguyen, TXDOT Project Manager, on January 23ra Prior to th~s date, c~ty and county officials met w~th UNT representatives to d~scuss coordination and support for th~s project Prehmmary d~scuss~ons md~cated that a coaht~on of affected local governments, mst~tut~ons, and major employers could be assembled to braid local consensus and expedite funding for 1 the project Another point raised was that technical staff needed to be able to meet and re~olve ~ssues to avoid commumcatmg in a fragmented manner to TXDOT or FHWA Ftmdmg for the 1-35E project, as well as for other much-needed road ~mprovements, is a major state and federal issue At the state level, it appears that GARVEE Bond and "Design-Braid" legislation will be addressed daring the current session At the federal level, d~scuss~ons regarding amproved access to NAFTA funding for Texas ~s an issue of ~nterest that could s~gnlficantly ~mpact the 1-35E project 3. Tl~oroughfare Plan Update A ,copy of the city's Mobthty Plan - Roadway Component is attached This plan was adopted by C~ty Council In December 1998 The Mobthty Plan was amended in January 2001 when an east-west collector street was deleted just south of the Bonnie Brae / Windsor intersection An issue that remmns to be resolved is the selection of a preferred alignment for Lakevlew Boulevard, connecting Lakeview Ranch to the Preserve The developers of these projects are meeting to d~scuss proper coordinat~on and selection of an alignment that ~s mutually agreeable 4 TXDOT In~ recogmtmn of the eompetlt~on for TXDOT - Dallas District roadway funding, the city agrees that aggressive project participation ~s necessary if needed projects are to be built Several projects, such as FM 2499 (Section 5) and FM 2181, have involved county and city funds for design, environmental assessment, and engineering work Pdght-of-way acqmsmon and early utlhty relocation are also seen as actions that can be initiated by the county and/or c~ty to reduce reliance on state/federal funding and minimize project delays John Polster (county), Dave Hill and Jerry Clark (caty), and Buzz Elsom and David Hensley have begun to meet on a perlodm bas~s to discuss project coordination and ftmdmg partnership options These meetings have been very productive as a way to allow teehmcal staff to report back to their respective elected officmls to make recommendations that make sense Major ProJects m the City of Denton being coordinated vath TXDOT include US 380, with current priority on Locust - Loop 288 sectmn Repaying of Elm and Locust from University to Eagle, and repavlng Dallas Drive from Teasley to Calloway Gardens (expected to begin Spring 2001) Loop 288, from US 380 to 1-35E US 77, from US 380 to 1-35 FM 426, from Woodrow to east of Ryan High School 5 J01nt Cit]/] County Projects Several transportation projects have been jointly funded by the city and county, and are products of successful capital planning coord~nation In some cases, state and federal partmlpat~on is either anticipated or ongoing These projects ~nclude 2 Blinker Road (Construction Phase) Colorado Boulevard to Bnnker Road stub-out (near Walmart) $900,000 Czty / $600,000 County Constructton to beg~n on February 5th Hickory Creek Road (Feasabthty and Schemane Phase) Teasley Lane to FM 1830 $1 5 mflhon County / $750,000 C~ty funding Alternative ahgnments bemg evaluated LOOp 288 Extensaon (Feasibility and Schematic Phase) from IH 35 to IH 35W $500,000 County / $259,000 C~ty Pubhe meeting for preferred alignment to be held soon FM 2499 - Sections 4 & 5 (Feasibility and Schemanc Phase) from FM 1515 to IH 35E $5 5 mflhon County / $238,000 C~ty Consultant work ongoing FM 2181 (Feasabfllty and Schematic Phase) from Lflhan Miller to IH 35E for Schemanc and from Lflhan Miller to H~ckory Creek Road for PS&E's $} 6 mflhon County / $450,000 C~ty (thus far) Lakewew Boulevard Project ~s complete From IH 35 E to Shady Oaks $500,000 County / $310, 000 C~ty Four lanes ofulhmate 6-lane d~wded urban street were constructed for connectmn to the Preserve US 377 Project ~s very prehmmary C~ty and County each have $1,000,000 reserved for partm~patmn m th~s project Estimated cost ~s ~n the $4,000,000 range TXDOT has not hsted th~s project yet on TIP 6 Maintenance of Jmntly Owned Roads The attached map ~dentffies roads subject to the current C~ty / County ~nterlocal road mmntenance agreement Th~s agreement was adopted xn 1993 to help clarify maintenance responsthfl~t~es on roads where the City hunts ran down the m~ddle of the road The mmntenance of those roads was d~wded between the two entxt~es such that specffic roads would be the responsibility of one entity S~nce 1993, the C~ty Lxm~ts hnes have changed as well as some road configurations The original lnterlocal agreement should be amended accordingly Below are some changes that should be proposed due to cxty hm~ts and road configuration changes 1 Trimty Road Part of Trinity Road has been abandoned and removed, so that port~on should be deleted from the map In the event that the Tnmty Road Ahgnment ~s chosen for Lakewew Blvd, the City may want to consider mmntmnlng the southern port~on of Trunty Road (south of Mills Road) I recommend that the northern portion continue to be ma~nttuned by Denton County That portxon xs rural m nature and will eventually become a cul de sac 2 Mayhdi Road (south of Spencer Road) & Landfill Road Both of these roads are now completely wxth~n the c~ty hm~ts and they were City of Denton responsibility anyway, so they should be deleted from the map 3 3 Edwards Road Part ofthts road is being abandoned as part of the Landfill permit A new alignment will be constructed later ttus year I recommend that the City be responsible for mmntenance of the new section and that the county conttnue for the time bemg to m~untam the remmnder 4 Swisher Road A portion of the road has been removed and will be abandoned That section should be removed from the map The City should continue to mmntmn the remmnder 5 Robinson Road All property along this road to the Connth City Limits has been annexed It is City of Denton mmntenance anyway, so it should simply be removed from the map 6 Hickory Creek Road In 1993, there was only a very short pomon of the road that was split by the city limas line With the annexation of Ryan Ranch there is more I recommend that the City of Denton mmntmn the road all the way to the west side of Ryan Ranch Subdivision Whether or not the western end of the road is included in the proposed improvements, should be the determining factor in which entity should malntmn that portion ETJ DEVELOPMENT ITEMS An issue currently faced by city staff is the request for release of ETJ submitted by the C~ty of Sanger Curremly, corporate limit lines and ETJ boundaries are being compared by both Sanger and Denton to determine appropriate jurisdictions The retirement community being planned for this area has not yet been evaluated, nor has the analysis of the city's options been completed The City is considering the initiation of an Open Space Master Plan that could be extended into the County A consultant contract has not been executed, although City Council reviewed the attached scope of work on January 23ra If there is any interest on the part of the County to extend the scope of work beyond city hmlts, there is time to adjust the project before contract execution Attachments City of Denton Mobility Plan -Roadway Component City / County Joint Roadway Mmntenance Map City of Denton Open Space Master Plan - Draft Scope of Work -- MAJOR FREEWAYS ~ b'TUO¥ AREA JOUNDARY ~ .......... PRIMARY MAJOR ARTERIALI ...... CITYLIMITIIIOLINDARY O INTERCHAN(]E$ONCONTROLLACCEE=$ DENTON MOBILITY PLAN ...... ~ COMPONENTG'Ls' ENGINEERING & TRANSPORTATION SECONDARY MAJOR ARTERIALS ~ RAIL ROADS .... ROADS DO NOT EXIST - FUTURE ROADWAY ¢1~ OF DENTON, TEXAS .......... COLLECTOR IINVE~'IOATE FOR CURRENT ~ECONDARY MAJOR ALT. ~ EXII, TIN~3 ROADS -NOTTO CLASSIFICatION 6TANDARD": RESOLUTION R98-065; DEC,1~,1998 MAP SCALE IS NOT TO SCALE EXISTING tNFORMATION) ~ p/'IIMARy MAJOI"I ALT,cm~m~.'m.~a~ R OA O ~ MAiN TAINED By T XD OT AMENDMENT DATE;AUG. 17,1999 I Budget & Scope of Work City of Denton Open Space Master Plan Introduction The Denton Comprehensive Plan enws~ons an extensive system of open spaces for recreation, wildlife enhancement, and flood control Some of these open spaces can be protected through the land use regulations now being adopted by the Denton City Council Some, however, need additional methods to be used for acqms~t~on As w~th any project that ~nvolves the expenditure of funds or the acqms~t~on of property, a strong pubhc ~nvolvement program ~s essenual Th~s scope of work outlines a relatively qmck process, based on other successful models, to develop a list of potential open spaces, and the means whereby they may be protected or acquired These systems have been based on a w~lhng seller commitment, and prowde for many means for protection, from outright acquisition to conservation easements to transfer of development r~ghts The Denton County would be ~nvolved and used as a partner m protecting lands ~n the Denton ETJ as appropriate TASK 1: Estabhsh Open Space Database Th~s task ~s to estabhsh the umverse of open and vacant lands that would minimally quahfy as open space for any reason Th~s would form the bas~s for the development of the final plan Thts database would be developed from the Denton GIS system, modified and supplemented w~th various new data and recent aerial photography TASK 2. Identify open space evaluation factors An evaluation method would be developed that would evaluate, w~th several criteria, the value of each open space area The evaluation system could ~nclude factors such as a Areas w~th streams b Tree Canopy c W~ldhfe Values d Access~b~hty to existing population e Access~b~hty to future population f Connect~wty to other open space g Wfldhfe Corridors h Meets future park needs (Recreation) These factors would be expressed In a GIS database and could be mapped, as well as used for further pnor~t~zat~on Task 3. Open Space Threat assessment Fregonase Calthorpe Associates ~ Denton Open Space Plan Scope of Work August 4, 2000 The next task is to develop a threat assessment of open space Th,s would be based on looking at current zoning and the chances that development would preserve or threaten open space, and development trends, that would md~cate the riming of any threat Task 4' Neighborhood Workshops This task is to take th,s ~nformauon to the neighborhoods m Denton and conduct a hand-on workshops m the neighborhoods Using h~gh quality maps of the area, these workshops would involve neighbors m reviewing the value and threat assessment, and prov, dmg for their input on their assessment of the values of venous open spaces that ex~st We then would engage them in a pnormzation scheme, allowing them to set a priority when the have to make tradeoffs Task 5: Estabhsh ~mplernentatlon Strategies Th~s would be a rewew w~th the Denton C,ty staff of the various tools available for reservation, and the steps for ~mplementanon of an open space plan Such strategies could include o Transfer of Development rights o Conservation easement purchase o Land trust donations o Fee S~mple purchase · City park funds · City drainage funds · Open Space bonds funded by · property tax · Dedicated sales tax · etc o Strategies used m cooperauon with Denton County Task 6. Establish priority hst Th~s next task is to develop a draft priority list We advocate in developing a target area, with many more parcels than are intended for purchase, and a target acreage, which ~s the mount intended for purchase or protection Then the City has many options, and ~s not in the position of inversely condemning a pamcular property Each target area would · Identify ehg~ble parcels s Identify preferred preservation method · Identify target acreages ~n each target area Fregonese Celthorpe Associates 2 Denton Open Space Plan Scope of Work August 4, 2000 Task 7: Develop plan The final step is to develop a final draft of the plan, documenting all steps and mclu&ng a newsletter and video for presentations Several Neighborhood Open Houses would be included Task 8: Plan adoption The consultant would participate m the plan adoption as needed Fregonese Calthorpe Associates 3 Denton Open Space Plan Scope of Y~ork August 4, 2000 [- 0 m ~ DOWNTOWN ACTIVITIES Data Actlwty Jan - Oct 2001 Capital Improvement Project · Corners on the Square to be reconstructed to look hke the H~ckory/EIm corner · Three lanes become two lanes ~ · Brick crosswalks added at corners · Parking spaces w~ll accommodate larger vehicles (SUV's and extended cab pickups) · New s~dewalks along the storefronts · Drainage improvements · Steps w~ll be made more manageable Ma~n Street w~ll prowde up-to-date ~nformabon to the County The following events ~nvolve the use of the County Courthouse lawn The City's Main Street office provides a I~st of these events each year and works closely w~th the County for use of the lawn County employees assist w~th power needs and alloW participants access to the Courthouse restrooms Downtown streets are closed for ** events May - Julne Thursday Twihght Tunes Concert Series Every Thursday evening, local musm~ans perform on the northwest corner of the Denton County Courthouse lawn from 6 30 to 8 00 pm (Rain location - Dan's Bar) June 9, 2001 Dog Days of Summer Annual event revolving around dogs and their owners May - Sept Acoustic Lawn Jam Open acoustic jam session for all levels ' of musmlans Every Saturday morning, weather perm~tbng, on the Courthouse lawn 10 00 am to 1 pm **Sept 29, 2001 Arts, Antiques & Autos Extravaganza Juned art booths, atbc treasure, gallery walk, classic car show **Nov 29; 2001 Holiday Lighting Festival Tree I~ghbng, I~ve entertainment, wagon rides w/Santa, Wassail fest, children acbwt~es Street Clps~n,qs/Parade Permits Property owners and merchants are asked to s~gn a street clqs~ng petition (indicating approval or opposition) for the two events referenced above parades are permitted through the Police Department and require temporary street clc~slngs for traffic control Parade permits do not require the nobflcat~on of property owners Memhanl promobonal events are also scheduled throughout the year, such as Mard~ Gms on Main Street (2/27), Bunmes & Blooms (April - May), and Scarecrows on the Square (October) We w~ll also look for ways to encourage shoppers to visit downtown during the capital ~mprovement construction work These events do not require street closings or use of the Courthouse lawn area TEXAS INSTRUMENTS FACILITY January 2001 Located at 3940 N Elm Denton, TX Built 1987 Closed 1992 553,000 square feet Approximately 290 acres Valuabon 1991 $27,968,314 Valuation 2000 $10,220,345 The Chamber Economic Development office submitted the TI building to 25 contacts over the last s~x months The broker ~nd~cates he has shown the building to approximately 25 compames in the past year (Some may be compames that received info from the Chamber Others were contacted d~rectly by the broker ) Types of businesses ~nterested ~n the TI building · Investors (~nterested In leasing out space to others) · Manufacturers- electromcs, computer parts, a~rcraft and others · Warehouse/dlstr~bubon · Office users · Call centers · Educabonal ~nstltubons · P~vate sector prison · Entertainment ~ndustry Staff ~s aware of three contracts on the building over the past two years No contracts currently ex~st Jo;nt Tax Abatement Comm,ttee (JTAC) Tax Abatement Process The JTAC was first formed ~n 1989 to research and rewew other tax abatement policies and to develop and recommend a pohcy for Denton S~nce It was felt that all taxing enbt~es Would have a stake ~n the types of ~ndustry locating ~n the C;ty, It was dec;ded that each entity would have two representatives on the comm;ttee The current members are Ne~l Durrance, City Council Mark Burroughs, C~ty Counc;I J~m Alexander, Denton Independent School D~stnct Board Curtis Ramsey, Denton Independent School D~strlct Board J~m Carter, County Commissioner Vacant County Commissioner place (prewously held by Jeff Kruger) The original policy called for rewew and recommendabon of tax abatement applications by the JTAC The pohcy has undergone one rews~on (attached), which was developed by the committee and adopted in June 2000 S~nce the bme the original pohcy was adopted, many more c~t~es ~n Denton County have adopted tax abatement policies In order to treat all c~t~es equally, the County developed ~ts own un~form policy Therefore, the pohcy created by the committee was adopted by the Council and DISD All three entitles remain Involved ~n the JTAC so that the whole application process can be streamhned In th~s way, they can interact and discuss the project, the applicant need fill out only one apphcatlon, each ent;ty knows what the other may offer, and the applicant can more easily determine total ~ncenbve benefits The process generally works like this 1 A prospect contacts the Chamber Economic Development office or the C~ty Commumty Development office to d~scuss available ~ncenbves The prospect must prowde enough detail about the project to determ;ne whether or not the project meets the tax abatement thresholds and guidelines (Many bmes - at th~s stage - staff may not know the prospect's ~dent~ty Staff may be working w~th consultants ) 2 If the project is eligible, the prospect completes the appl~cabon form, and c~ty staff calculates community fiscal ~mpact informabon for the committee's rewew (property and sales tax revenues, wage ~mpacts, etc ) Although the projects may be confidenbal, staff and the committee are usually ~nformed of the prospect's ~dent~ty at th~s stage 3 The committee meets to review the application and submits questions or requests clarification The committee may meet several t~mes with or w~thout the applicant present 4 If the committee deems the project has ment, financial ~nformatlon is provided to the C~ty's financial advisors for review and comment 5 The committee then recommends approval or demal of the apphcant's request If demed, the apphcant may appeal to the C~ty Council 6 If approved, staff prepares the appropriate documentation for a City Council work session report, pubhc heanng, creabon of a re~nvestment zone, and proposed details of the tax abatement agreement for City Council rewew 7 If the abatement agreement Is approved by Council, the DISD and County may then consider granting s~m~lar tax abatement requests State law w~ll not allow school d~stncts or counties to enter ~nto tax abatement agreements for projects located w~th~n a c~ty's hmlts unless the city has first approved an abatement 8 Each year, the company prowdes ~nformat~on as to whether or not required thresholds have been met (In the case of our only tax abatement agreement, the required thresholds are based on new property and equipment valuabon, wages and job creabon City staff calculates appropriate abatement pementages and reports to the Appraisal District, City Council and the DISD DENTON POLICY FOR TAX ABATEMENT I GENERAL PURPOSE AND OBJECTIVES The C~ty of Denton (City) and the Denton Independent School D~smct (DISD) are committed to the promotion of bagh quality development m all parts of the c~ty and to an ongmng ~mprovement m the quahty ofhfe for its citizens Insofar as these objectives are generally served by the enhancement and expansion of the local economy, the C~ty and DISD will, on a case-by-case bas~s, give consideration to prowdmg tax abatement as a stimulus for economic development ~n Denton It ~s the pohcy of the C~ty and DISD that smd consideration will be prowded ~n accordance w~th the procedures and cnterm outhned ~n th~s document Nothing here~n shall ~mply or suggest that the C~ty or DISD are under any obhgat~on to provide tax abatement to any apphcant Denton County ad valorem taxes also may be abated, however, apphcat~ons wH1 be considered separately under the gmdehnes of the Denton County tax abatement pohcy All apphcants shall be considered on a case-by-case basis Abatements will be considered only as ~nducements to generate development that otherwise would not occur Abatements wHI not be considered ~f construction ora project already has begun Tax abatements, as described ~n th~s pohcy, wall be avmlable for new and/or emst~ng famht~es and structures and for businesses wanting to locate, expand or modermze basra ~ndustnes, corporate office headquarters or thstnbut~on centers, except as th~s pohcy may be hmated for property described ~n Sectmn 312 21 l(a) of the Texas Property Tax Code (Vernons Texas C~vd Statutes Annotated, hereinafter referred to as "Tax Code ") II JOINT TAX ABATEMENT COMMITTEE Requests for tax abatement shall be rewewed by the Joint Committee on Tax Abatement, smd Committee being compnsed of two elected officmls each from the C~ty, the DISD and Denton County One additional staff person from each junsdmt~on shall be appointed to serve as a nonvoting, ex officio member of the committee The Joint Committee on Tax Abatement serves as a recommending body to the tatung ent~t~es regardtng whether economic development ~ncent~ves should be offered ~n each ~nd~wdual case Its recommendation shall be based upon an evaluation of mformat~on submitted ~n the tax abatement apphcatton and any add~ttonal ~nformatmn requested by the Committee or presented to the Committee The Tax Abatement Apphcat~on ~s presented as Exhibit A of th~s pohcy All meetings of the Joint Committee shall be held ~n comphance with the Texas Open Meetings Act, Chapter 551 of the Texas Government Code TaxAbatcment Pohoy June2000 - 1 - III VALUE OF INCENTIVES The criteria outlined in the Application will be used by thc Joint Committee on Tax Abatement an determining whether or not It is m the best interests of the affected taxing entitles to recommend that tax abatement be offered to a particular project Specific considerations will include the degree to which the individual project furthers the goals and objectives of the community as described in the Denton Comprehenslv~ Plan, as well as the relative impact of the project New, expanding and modenuz~ng businesses may be considered for abatement ff the minimum threshold, as described in Table 1 below, is met Once a determination has been made that tax abatement should be offered, the value and term of the abatement may be determined by referencing the following table TABLE 1 Establishes a framework for considenng the length of abatement according to assessed real property value,of improvements and of tangible personal property located on the real property VALUE OF STRUCTURE AND PERSONALPROPERTY YEARS OF PERCENTAGE OF 1NMILLION DOLLARS ABATEMENT ABATEMENT 100 10 15-25% 80 9 15-25% 65 8 15-25% 50 7 15-25% 35 6 15-25% 20 5 15-25% 15 4 15-25% 10 3 15-25% 5 2 15-25% To qualify, companies must haeet the mlmmum threshold of the pohcy an the first 24 months from the execution of the agreement or as specified m the tax abatement agreement If upon lnltiallappheatlon a project qualifies for tax abatement under the gu~dehnes set forth in tins policy, the taxing entitles may consider granting an additional 5% abatement for each one of the following factors provided, however, that the total tax abatement does not exceed 50% annually or continue for a period of more than ten years No applicant may receive credit for more than five of the following factors · The project will occupy a building that has been vacant for at least two years, · The project will create high-skilled, high-paying jobs as documented by the applicant, (A breakdown of number of jobs per job classification and entry level wage per classification will be used tO determine ehgibfl~ty), Tax Abatement Poh~y Sune 2000 - 2 - · The project will revolve a slgmficant relat~onship w~th one of the two umversitles ~n Denton, · At least 25% of the new jobs created by the project will be filled by Denton residents, · The project w~ll provide knowledge-based jobs (at least 25 percent of jobs require college bachelors degree at entry level), · The project w~ll donate slgmficant public art to the community (To qualify, donation must be approved by Greater Denton Arts Council and C~ty Councd), · The project will donate significant matenals/eqmpment to the pubhc schools (To quahfy, donatmn must be approved by DISD and City Cotmcll ), · The project will create improvements to the Denton Central Business District, · The project will result in the formation ora business park, · The project is an international or national headquarters faclhty The total tax abatement may not exceed 50% annually for ten years All abatements are subject to final approval of the City Council and DISD Board of Trustees, or the County CommJssloner's Court Even though a proleet may meet the emtena as set forth in this pohey~ an application may be denied at the discretion of the C~ty Council and/or DISD Board of Trustees. Tax abatement shall not apply to any portion of the land value of the project The thresholds as described in Table 1 are considered gmdehnes for estabhshlng the Tax Abatement Agreement terms However, the City and DISD may determine that a lower or higher pementage and/or a shorter or longer term of abatement may be more appropriate for an lndlwdual project If abatement is approved, the City and DISD may consider applying all or a portion of the abatement in the first year or dunng any shorter period w.th~n the term of the tax abatement agreement For example, an approved abatement of 25 percent for four years may be applied as 100 percent abatement for one year To receive tax abatement from the City, the owner of the project must enter ~nto a contract wath Denton Municipal Electric UtthtJes to provide electric service for a period of not less than five years and matntaln performance of contractual obligations for the full period of the contract, unless located in an area in which the Denton Mumc~pal Electric UtJhtJes ~s not certified to serve Upon recommendation of Denton Mumc~pal Electric Utilities, this requirement may be waived When the City of Denton and Denton Independent School District determine that abandoned property may require additional lncent~ves to promote economic development that generally satisfies the reqmrements of this policy, the taxing entitles may waive the m~mmum threshold and/or exceed fifty percent (50%) in tax abatement, or consider other tax incentives for special projects to redevelop abandoned buddings consistent w~th existing law For the purpose of this pohcy, an abandoned building ~s defined as a bmldlng that has been identified as being statable for commercml or ~ndustnal development, has been vacant for a mtmmum of five years or has substantially declined ~n appraised value Abatement would only be considered on the increased valuation of the ~mpmvements ~n each year covered by the tax abatement agreement over the value of the property for the year in whmh the tax abatement agreement is executed The City of Denton and Denton Independent School D~stnct may also consider other tax ~ncennves authorized by law Tax Abatement Pohay June 2000 Preliminary Application IV PROCEDURAL GUIDELINES Any person, orgarazatlon or corporatJon desmng that the CJty or DISD consJder providing tax abatement to encourage location or expansJon of facJlltles within the hmas of the junsdxctmns shall be reqmred to comply w~th the follow~ng procedural gmdehncs Nothing w~thln these gmdelmes shall imply or suggest that e~ther the City or DISD is under any obligation to prowde tax abatement to any applicant A Applicant shall complete the attached "Apphcation for Tax Abatement" B Apphcant shall prepare a map or other documents providing the follov~ng · precise location of the property and all roadways wlttun $00 feet of the site · cresting uses and conditions of real property · proposed improvements and uses · any proposed changes in zomng · compatlbdlty w~th the Denton Comprehensive Plan and applicable building codes and City ordinances C A complete legal description shall be provided Applicant shall complete all forms and information detmled in the Apphcatlon and submit all information to the City Manager, C~ty of Denton, 215 E McKluney, Denton, TX 76201 D All information ~n the apphcatlon package detmled above will be reviewed for completeness and accuracy Additional information may be requested as needed E The application will be distributed to the appropriate City and DISD departments for internal review and comments Additional ~nformatlon may be requested as needed F Copies of the complete apphcat~on package and staff comments will be provided to the Joint Committee on Tax Abatement G Fiscal agents of the City, DISD and County will rewew the apphcataon for comments and recommendation 'Add~tional mformat~on may be requested as needed Consideration of the Appheat~on H The Joint Committee on Tax Abatement will consider the application at a regular or called meeting(s) Additional ~nformatlon may be requested as needed I The recommendation of the Joint Committee on Tax Abatement will be forwarded, with all relevant materials, to the chief admlmstrat~ve officer of each taxing entity J If the City Cotmml of Denton decides to grant a tax abatement, it shall call a public hearing to Tax Abatement PohQy June 2000 - 4 - corlsider establishment of a tax reinvestment zone In accordance with Section 312 201 of the Tax Code The relnvestment zone must meet one or more of the criteria of Section 312 202 of the Tax Code K The CJty Council of Denton shall hold a public heanng and determine whether the project is "feasible and practical and would be &benefit to the land to be included untlun the zone and City after the expiration of the tax abatement agreement in accordance with Section 312 201" Special cortslderatlon shall be given to pohcles noted in the Denton Comprehensive Plan when designating a tax re~nvestment zone L The City Council of Denton may consider adoption of an ordinance designating the area described in the legal description of the proposed project as a commercial/industrial tax abatement zone M The City Council may consider adoption of an ordinance or resolution approving the terms and conditions of a contract between the City and the applicant govermng the provision of the tax abatement and the commitments of the applicant, including all the terms required by Section 312 205 of the Tax Code and such other terms and condit~ons as the City Council may require Should the commitments subsequently not be satisfied, the tax abatement shall be null and void (unless the tax abatement agreement provides for a recapture of the property tax revenue lost proportionate to a partial fmlure to meet the minimum thresholds set forth in the agreement) and all abated taxes shall be pad immediately to the City of Denton and all other taxing jurisdictions partlclpatlng In the tax abatement agreement Provisions to this effect shall be incorporated into the'agreement N The governing bodies of Denton County and DISD may consider ratification of and partm~patlon in the tax abatement agreement between the City of Denton and the apphcant O The city and DISD reserve the authority to enter lmo tax abatement agreements at diffenng pementages and/or terms as set forth in the guidelines of this pohcy, consistent with the requirements of the Tax Code Any tax abatement agreement will address various issues, including but not limited to, the following 1 Oeneral description of the project, 2 Amount of the tax abatement and percent of value to be abated each year, 3 Method of calculating the value of the abatement, 4 l~uration of the abatement, including commencement date and termination date, 5 Legal description of the property, 6 gand, number, location and timetable of planned improvements, 7 Specific terms and conditions to be met by applicant, 8 The proposed use of the facility and nature of construction, 9 Contractual obligations in the event of default, violation of terms or conditions, delinquent taxes, recapture, administration and assignment Tax Abatement Pohoy Juno 2000 - 5 - Annual Evaluation Upon completion of construction, the Joint Committee on Tax Abatemem shall receive from the C~ty Manager an annua! evaluation of each abatement to insure comphance w~th the agreement and to report possible violations of the agreement to the taxing ent~tles After new tax base numbers are received ~n July of each year, the C~ty Manager and h~s staffvall have ninety (90) days to rewew and prepare a breakdown of those figures Transfer or Assignment A contract for tax abatement may be transferred or assigned by the original apphcant to a new owner upon approval by the various taxing jurisdictions after such a recommendation ~s made by the Joint Committee on Tax Abatement Local Businesses and M~non .fy Bus~ness Enterprises In performing th~s Agreement, OWNERS agree to use dd~gent efforts to purchase all goods and scrvmes from Denton businesses whenever such goods and services are comparable ~n avmlabfl~ty, quahty and price As a matter ofpohcy with respect to CITY projects and procurements, CITY also encourages the use, ~f apphcable, of quahfied contractors, subcontractors and supphers where at least fifty-one percent (51%) of the Ownership of such contractor, subcontractor or suppher ~s vested ~n racml or ethmc m~nontms or women In the select~on of subcontractors, supphers or other persons or orgamzat~ons proposed for work on th~s Agreement, the OWNERS agree to consider th~s pohcy and to use their reasonable and best efforts to select and employ such companies and persons for work on th~s Agreement Job Recruiting from Low-Moderate Income Census Tracts OWNER, lessee or assignee of OWNER agrees it will endeavor to make avmlable, or endeavor to cause lessees or assignees to make avmlable, full-t~me or part-time employment with on-the-job tra~mng for Denton c~t~zens In th~s effort, OWNER, lessee or assignee agrees to recruit from the low-moderate income Census tracts as further defined in the Concentratmn of Low/Mod Income by Block Groups shown below Tax Abatement Policy June 2000 - 6 - Tax Abatement Pol;cy June 2000 - 7 - EXI-IIRIT A The City of Denton Tax Abatement A lication About the Application The Tax Abatement Apphcatton provides the City with specific information on the project The ~nformanon requested ~n the Apphcatton is designed to address the criteria developed within the C~ty of Denton's Tax Abatement Pohcy The mformat~on serves as the basts for fiscal analys~s and overall project evaluation Th~s evaluation ~s provided to Council Members and serves as a soume document dunng C~ty Councd dehberanons The Apphcatton And The Agreement Specific ~nformation from the Apphcatton (hke value of new ~nvestment and employment commitments) ~s ~ncorporated ~nto the Abatement Agreement In fact, the Apphcat~on ~s an attachment to the Agreement Since the agreement ~s a binding contract, ~t ~s important that each question on the apphcanon be answered m full and as reahstmally as possible S~rnply put, the applmat~on is part of the process from start to fimsh so you'll want to make sure you're comfortable w~th the contents When Is The Apphcatwn Final~ The answer to th~s question is very smaple When you tell us. "It's final" It ~s not uncommon for a property owner(s) to submit numerous Apphcatlons as drafts for informational and evaluative purposes only As conversations continue, the property owner will submit a f'mahzed version of the Apphcat~on that ~ncludes all of the commitments agreed to during the thSCUSSlOns What About Confidentudtty ~ Section 312 003 of the Texas Tax Code makes confidential ~nfonnatlon prowded to the C~ty as a part of this apphcat~on that describes the specffic processes or busmess act~mt~es to be conducted or the eqmpment or other property to be located on the property Th~s information ~s not subject to pubhc d~sclosure until the tax abatement agreement ~s executed Section 522 131 of the Texas Government Code (Texas Pubhc Information Act) makes confidential reformation winch relates to economic development negomtlons between the City and a business prospect that the City seeks to have locate, stay or expand m or near the terntory of the C~ty The ~nformat~on must relate to a trade secret of the bus~ness prospect, commercial or financ,al ~nformat~on wfuch the business prospect can demonstrate based on specific factual evidence that d~sclosure would cause substantial competitive harm to the person from whom the mformat~on was obtained or information about a financial or other ~ncent~ve being offered to the bus~ness prospect by the City or by another person Information about a financial or other ~ncent~ve being offered to the busmess prospect is reqmred to be d~sclosed when an agreement ~s made w~th a busmess prospect The C~ty ~s subject to d~sclosmg most records and documents upon request under the Pubhc Information Act Accordingly, please clearly mdacate and mark any lnformataon you consider proprietary. Ttus would mclude anytinng m your apphcation winch you consider a trade secret, commerc:al or f'mancial reformation wluch you can demonstrate by specific factual evidence that would cause substantial compet~tave harm ff d~sclosed, mformat~on winch describes the specific processes or business actlwaes to be conducted or the eqmpment or other property for winch the tax abatement is sought, any financial or other incentive you may be seeking from the C~ty or any other mformation you deem to be confidential under the law Who ts Authorized To Sign the Apphcatton ~ Because the Apphcat~on itself ~s non-blndmg, the person s~gmng need not be the property owner or even an ~nd~wdual dulyI authorized to sign on behalf of the property owner However, if an Agreement ~s reached, the Apphcatlon will be an attachment to the Agreement and its contents wdl be binding through the authorized s~gnature reqmred on the~Agreement Tax Abatement Pohay June 2000 - 8 - City of Denton Tax Abatement Application City of Denton City Manager's Office Denton, Texas 76201 (940) 349-8307 (940) 349-8596 FAX Tax Abatement Pnhcy June 2000 - 9 - APPLICATION FOR TAX ABATEMENT CITY OF DENTON, TEXAS Property Owner Company or Project Name Mailing Address Telephone [ Fax No Contact Name Title Malhng Address Telephone I Fax No 2 Prowde a chronology of plant openings, closing and relocations over the past 15 years 3 Provide a record of mergers and financial restructuring during the past 15 years 4 Will the occupants of the project be owner or lessee? If lessee, are occupancy commitments already existlng'~ 5 Is the project a relocation of existing facility or a new facility to expand operations* If relocation, give current location T~x Abatement Pohcy June 2000 - l 0 - 6 lfan existing Denton business, will project result in abandonment of exlsnng faclhty9 If so, the value of the existing facility will be subtracted from the value of the new facility to arrive at total project value 7 Properly Description - Attach alcopy of the legal description detailing property's metes and bounds - Attach map of project including all roadways, land use and zoning within 500 feet of site 8 Current Value Attach copy of latest property tax statement from the Denton County Central Appraisal District (include both real and personal property) 9 Increased Value/Estimated Total Cost of ProJect Structures $ Site Development $ Personal l~roperty $ Other Improvements $ 10 Indicate amount of tax abatement and number of years requested for each taxing entity City of Denton % years Denton Independent School District % years Demon County % years List any o~her financial incentives this project will request/receive EstimatedIFreeport Exemption $ Estimated ,E ectric Uti lty Industrial Development Rider $ Estimated iWater/Wastewater Infrastructure Assistance $ 11 Give a brief description of the activities to be performed at this location, including a description of products to be prod¢ced and/or services to be provided Tax Abatement Pohcy June 2000 12 Project Construction Phase A Esttmate percentage of project development and constructton dollars to be spent with Denton based contractors or sub-contractors Constmctton costs $ [ Percentage local contractors % B Construction Employment Esttmates Start Date (Mo/Yr) Completton Date (Mo/Yr) No of Construction Jobs Esttmated Total Constructton Payroll $ C Descrtbe any off-stte tnfrastrucmre reqmrements · Water · Wastewater · Streets · Dmmage · Other Tax Abatement Pohcy June 2000 13 ProJect Operatton Phase Provtde employment ~nformatton for the number of years tax abatement ts requested At ProJect Extstmg Start Date At Term of Employment Informatton Operatwn (mo/yr) Abatement Of apphcable) /.__ A Total number of permanent, full-tnne.lobs B Employees transferred from outstde Denton C Net permanent fullmme jobs (A nnnus B ) E Total annual payroll for all permanent, full-t~me jobs (A) F Types of jobs created Ltst the.lob tttles and number ofpostttons tn each category that wtll be employed at the factbty Provtde average wage for each category G Esttmate annual utthty usage for project Elecmc $ Water $ Wastewater $ Gas $ 14 Describe any other dtrect benefits to the C~ty of Denton as a result of thts project (e g, sales tax revenue or project elements tdenttfied ~n Tax Abatement Pobcy, Sectton 111) Tax Abatement Polmy lune 2000 - 13 - 15 Is property zoned appropriately9 Yes No Current zo~alng Zomng reqmred for proposed project Anticipated variances 16 Is property platted? Yes No Wdl replattmg be necessary Yes No 17 Dtscuss any environmental impacts created by the project A LIst any permits for which applicant must apply Apphcant wdl be reqmred to prowde C~ty with cop~es of all apphcattons for enwronmental permits upon completion of apphcatlon(s) B Provide record of compliance to all enwronmental regulations for the past five years 18 - Prowde specffic detad of any businesses/residents that will be d:splaced and assistance that wdl be available from the requesting company 19 Promde description of any htstoncally slgmficant area mcluded w~th~n the project's area as determined by the Historic preservation Officer If any, gtve detail of how the h~stoncally s~gmficant area will be preserved 20 Justification for Tax Abatement Request Substantmte and more fully describe the justificatIon for th~s request Include the amount of the abatement requested and show how ~t w~ll contribute to the financml wabd~ty of the project Subma attachments if necessary Tax Abatement Policy June 2000 - 14 - 21 List additional abatement factors to be considered for this project as outlined on pages 3 and 4 of the tax abatement policy 22 Financial Information Attach a copy of the latest audited financial statement or, in the case of a new project, a business plan This tax abatement apphcatlon Is submitted with the acknowledgement that addit~onal certified financial mformation may be reqmred Authorized S~gnature Date Tax Abatement Pohcy June 2000 - 15 - CITY OF DENTON, TEXAS DEPARTMENT OF POLICE MEMORANDUM DATE January 19, 2001 TO Honorable Mayor Euhne Brock and Council Members VIA Jon Fortune, Assistant C~ty Manager FROM Gary L Matheson, Ch~efofPohce SUBJECT Parking (Downtown Square) As you are aware, the downtown square parking has been a topic of d~scuss~on for many years Imtmlly the parking ~n that area was metered Th~s means ofregulatxon was determined not to be a good solutton because of continuous maintenance problems w~th the devices and the personnel resources it reqmred for regular collection of the co~ns Consequently, after many dlscusstons w~th the memhants over the years, an ordtnance was passed which regulated parking by allowing for a two-hour t~me hm~t The hm~t was detenmned, through an agreement w~th those who were memhants at the time, to be sufficmnt for the greatest mai onty of square patrons W~th the above brief hmtoncal synops~s, I have attached the current parking ordinance for your reference At the present time, our Parking Enforcement officers generally beg~n the day w~th marking ofvetucles parked on the square about 8 15am Most often they return around 10 45 to 11 00am to check for wolatlons and mark any that have not been prewously marked Th~s routine continues throughout the day until 5 00pm On occasion, the Parking Enforcement officers are pulled away from the square to perform escorts for local funeral homes When that ~s necessary, they cannot attend to the parking enforcement duties wtth regularity At least some of the parkang problems on the square are contributed to by those who work and/or hve there On many occasions, these persons wall s~mply move their car by 601 E HICKORY STREET SUITE E DENTON,TEXAS 76205 DUTY OFFICER (817) 566-6181 FAX (817) 383-7966 Parking (Downtown Square) Page 2 dnwng around the square or backang-up shghtly to erase the mark and park in the same space While that might meet the "letter of the law", ~t certmnly circumvents the intent/sprat of the ordinance We have arranged for Denton County Commissioners, ~nclud~ng the County Judge, to apply a special sticker on their vebacle w~ndow to identify them for overtime parking considerat~ons on the square Perhaps, since Commissioners Court now meets there on most Tuesdays, we might consider expanding that courtesy to those department heads that have presentattons before the Court and must be there sometimes beyond the two- hour limit I think, in any case, we certainly need to d~scuss any change m our enforcement activities on the square with the Merchant's Association I hope this gives you a snapshot of the parkang s~tuat~on on the square and I would be happy to d~scuss it with you further should you need additional lnformauon or ~nput Respectfully, Gary L Matheson ChlefofPohce Attachment Parking Ordinances MOTOR VEHICLES AND TRAFFIC § 18-108 Sec 18-105 Presumption of ownership of illegally parked vehicle In any prosecution charging a wolat~on of any law or regulation governing the standing or parking ofa velncle, proof that the particular vehicle described m the complaint was parked m wolatlon of any such law or regulation, together with proof that the defendant named in the complaint was, at the time of such parktng, the re~stered owner of such vehicle shall constitute in evidence a prima facle presumptuon that the registered owner of such vehtcle was the person who parked or placed such vetncle at the point where and for the time dunng which such violation occurred (Code 1966, § 24-132) Sec. 18-106. Parking of vehicles or storage of goods in parkways prohibited. (a) For the purpose of thru section, a "parkway" is defined to be any property which the city by deed, dedication, g~f%, prescription or easement owns or holds for public use and lying between the pmvate property lines of property abutting on any public street and the curbhnes of the street (b) It shall be unlawful for any person to park any vehicle or store any goods in or upon any parkway, notwithstanding the location of any dmve or driveway in such parkway (Code 1966, § 24-133) Sec 18-107. Designation of parking spaces for disabled persons A person who owns or controls property used for parking may designate one (1) or more parktn~ spaces for the exclusive use of vehicles transporting temporarily or permanently dtsabled persons Such parktng spaces shall be designated by posting immediately adjacent to and wsible from each space a nonmovable sign that (1) Has a notice of the penalty for a violation of Vernon's Ann Clv St art 6675a-5e 1, § 10, (2) Is permanently mounted on a pole at least five (5) feet in height, (3) Has a profile wew of a wheelchair with an occupant in white on a blue background, and (4) Meets the design cntema established by the state department of highways and public transportation as prowded m Vernon's Ann Clv St art 6675a-5e 1, § 5(b) (Code 1986, § 24.134(a)) State law reference--Slnular prows~ons, Vernon's Ann Clv St art 6675a-5e 1, § 6A Sec. 18-108. Parking of unauthorized vehicles ~n spaces designated for disabled persons prohibited. It shall be unlawful for any person to stop, stand, park or leave standing any vehicle in any parking space designated as exclusive parktng for disabled persons pursuant to section 18-107 unless such vehicle is dlsplaymg a specially designed symbol, tab or other dewce issued by the state department of lughways and pubhc transportation affixed to the license plates of such Supp No. 10 1272 1 § 18-108 DENTON CODE vehicle indicating the operator thereof or a passenger thereto m permanently d~sabled or unless such vetucle ,s d,splay~ng an ~dent~ficat~on card ~ssued by the department ~nd~catmg the operator of such vehicle or a passenger thereto ~s temporarily dmabled (Code 1966, § 24-135(a)) State law referenees--Parlung privileges for hand~capped persons, Vernon's Ann C~v St art 6675a-5e 1, § 6, international symbol of access, parking pr~wleges, Vernon's Ann C~v St art 6675a-5e 1, § 6D Sec. 18-109. Designation of parking spaces for exclusive use of d~sabled persons upon public property. (a) When signs are erected g~wng notice thereof, ~t shall be unlawful for any person at any t~me to stop, stand, park or leave standing any vehicle not d~splay~ng special l,cense plates or a parking placard msued pursuant to the reqmrements of the Texas Department of Transpor- tat~on indicating that the owner or a passenger thereof m permanently or temporarily disabled at any of the follow, ng locations (1) One (1) parlung space on the north s~de of Oak Street, east of Elm Street, (2) One (1) parking space on the south s~de of Oak Street, approxamately one-half the dmtance between Locust Street and Elm Street, (3)One (1) parlung space on the south s~de of H~ckory Street, west of Locust Street, (4)One (1) parlung space on the north s~de of Walnut Street, east of Locust Street, (5)Two (2) parking spaces on the west s~de of Austin Street, south of Hickory Street, (6)One (1) parking space on the east s~de of Locust Street, south of Oak Street, (7) One (1) park, rig space on the east s~de of Elm Street, approximately one-half the distance between Oak Street and H~ckory Street, (8)One (1) parking space on the west s~de of Elm Street, north of H~ckory Street, (9) One (1) parallel parlung space adjacent to the elevator entrance to the F, rst Methodist Church on Mulberry Street, (10) Two (2) parallel parlung spaces m the parking lot of the Denton C~v~c Center near the hand~capped access ramp, (11) Three (3) parlung spaces at the Denton Semor Center, 509 North Bell Street, on the north s,de of the bmldmg and adjacent to the access ramp, (12) Two (2) parking spaces at the Texas Employment Commms~on, 510 I-Hwy 35E, m front of the access ramp leading to the entrance of the bmld~ng, Supp No 10 1272 2 MOTOR VEHICLES AND TRAFFIC § 18-120 (13) One (1) partung space nearest the hand~capped access ramp at the Denton Pubhc Library, (14) One (1) parking space adjacent to the handicapped access ramp at the southwestern entrance to the Mumc~pal Building at 215 E McKmney Street m the U S Post Office/Mumclpal parking lot, (15) One (1) parking space at Mack Park on the south s~de of McKmney Street adjacent to the s~dewalk leading to the tennm courts, (16) One (1) parlung space at Mack Park on the north sxde of McI~nney Street adjacent to the s~dewalk leading to the park's concessaon stand, (17) Two (2) parlung spaces at North Lakes Park nearest the access ramp and entrance to the park, (18) Two (2) parking spaces adjacent to the hand~capped access ramp at Dema Park, (19) One (1) parallel parking space on the south s~de of Roberts Street at 718 Roberts Street, and (20) Two (2) parking spaces at Denton Pohce Department, 221 N Elm Street, adjacent to the south hand~capped entrance ramp (21) Three (3) parking spaces at the Denton Municipal Complex, 601 E Hickory, on the north s~de of East H~ckory, east of Railroad Avenue (22) Three (3) parking spaces at the Denton Municipal Complex, 601 E Hickory, on the south s~de of East Hickory, east of Railroad Avenue (23) Four (4) parking spaces at the Denton Municipal Complex, 601 E H~ckory, m the parking lot wluch is south of the southwest corner of the Denton Mumc~pal Complex (24) Two (2) parking spaces on the south s~de of Mulberry Street th~rty-mne (39) feet east of ~ts ~ntersection w~th the east curbhne of Locust Street (25) One (1) parking space on the west s~de of Cedar Street, ~mmed~ately north of West H~ckory Street (26) One (1) metered parking space d~rectly m front of 101 Avenue A (b) The prowsmns of this section prohibiting the parking of unauthorized velucles shall apply at all t~mes to the parking space and any part of the parking space as designated m tins section, except when ~t ~s necessary to stop a vetncle to avoid conflict w~th other traffic or m comphance with the d~rection of a pohce officer or official traffic-control device (Code 1966, § 24-136(a), (b), Ord No 91-107, § I, 7-16-91, Ord No 92-120, § IV, 7-21-92, Ord No 94-143, § I, 8-2-94, Ord No 94-039, § I, 2-21-95, Ord No 96-132, § IV, 6-4-96, Ord No 97-263, § III, 9-2-97) State law reference---Desagnation of handicapped parking spaces by poht~cal subd~ws~on, Vernon's Ann C~v St art 6675a-5e 1, § 6A Secs 18.110--18-120 Reserved Supp No 8 1273 § 18-121 DENTON CODE DIVISION 2 PARKING METERS Sec 18-121 Deflmt~ons. The following words, terms and phrases, when used m tins diwslon, shall have the meanings, ascmbed to them m tins section, except where the context clearly indicates a different meaning Park or parking means the standnng of a veincle, whether such vehicle m occupied or not Parking meter means a dewce which mchcates thereon the length of time during which a veincle may be parked in a particular place, which has a receptacle or chamber for receiving and storing coins of the United States, a slot or place in whtch such coins may be deposited and a tlmmg mechanism to lndtcate the passage of the interval of time dunng which parking m permissible, and which displays an appropmate signal when such interval of time elapses and contams brief instruction as to its operation (Code 1966, § 24-138) Cross reference--Definitions and rules of construction generally, § 1-2 Sec. 18-122. Installation authorized. For the purpose of facthtatmg the movement of traffic and regulating the use of the public streets for the parking of vebacles, the traffic engineer is hereby authorized and directed to install parking meters reqmnng the deposit of corns in each of the parking meter zones established by tins article (Code 1986, § 24-139) Sec 18-123. Meter zones The parking meter zones of the city shall consist of such streets or portions thereof as are designated from time to time by the city council (Code 1966, § 24-140) Sec 18-124. Installation, construction; ad3ustment Parking meters shall be installed by the traffic engineer m each parking meter zone, and they shall be erected upon the curb or street immediately adjacent to the lndlwdual parktng space Each parlung meter shall be so constructed and adjusted as to show by a signal that the space adjacent thereto is or is not legally m use Each parking meter installed shall indicate by a proper legend the legal parking time permitted by the insertion of any corn and, when operated,I shall indicate by proper signal the duration of the period of legal parking during the immediate period of operation and, on the expiration of such period, shall indicate illegal or over,me parkmg (Code 1956, § 24-141) Supp No 8 1274 MOTOR VEHICLES AND TIL~FFIC § 18 96 Sec. 18.93. Blocking roadway. No person shall stop, stand or park any vehicle upon a street In such a manner or under such conditions as to leave available less than ten (10) feet of the width of either lane of a roadway for free movement of the vehicular traffic, except that a driver may stop temporarily during the actual loathng or unloathng of passengers or when necessary m obedience to traffic regulations or traffic signs or sxgnale or a police officer (Code 1566, § 24.117) Sec. 18~94. Parking or sta~d~ng in alleys No person shall park a vehicle w~thm an alley in such a manner or under such conditions as to have avmlable less than ten (10) feet of the wdth of the roadway for the free movement of vehicular traffic, and no person shall stand or park a vehicle w~thm an alley in such position as to block the driveway entrance to any abutting property (Code 1966, § 24-125) Sec 18 95. Stop intersections The traffic enlBneer may designate any street intersection as a stop intersection and designate the streets upon which vehicles shall stop before entering such intersections When ever any intersection has been so designated, the traffic engtneer shall cause the same to be identified by the erection of stop signs mthcat~ng which vehicles approaching the intersection shall stop, and It shall be the duty of the dr~ver of any vehicle approaching such a sign to bring such vehicle to a complete stop at such sxgn or at a clearly marked stop hne before entering the intersection, except when directed to proceed by a police officer or a traffic control signal After having so stopped, such dr~ver shall y~eld the right of way to other vehicles which have entered the intersection or which are approaching so closely as to constitute an immediate hazard Such driver, after havmg so y~elded, may proceed, and the drivers of all other vehicles ap proachlng on the intersecting street shall y~eld the right of way to the vehicle so proceeding into or ~cross the mtereectlon (Code 1966, § 24 118) State law references-Authotuty of c~ty to designate stop intersections, Vernon's Ann C~v St ,art 6701d, §§ 27(a)(6), 91(a), duty of drivers w~th respect to stop signs, §§ 73, 91(c) Sec 18 96. Designation and marking of parking spaces and areas where parking is prohibited or limited ia) The traffic engineer shall cause parkang spaces to be maintained and marked off in and on such streets and parts thereof as may be designated by the city council from t~me to time, and he shall cause spaces m which parkang is prohibited to be malntmned and marked off in and on such streets and parts thereof as may be designated by the city council from time to time The traffic engineer shall also cause t~me hrmt parkang areas to be maintained and marked'off in and on such part or parts of streets as may be designated by the city council from time to time All such spaces or areas shall be clearly indicated by appropriate signs or markangs on the pavement Supp No 4 1269 §18-96 DENTON CODE (b) In areas demgnated as t~me hnnt parking areas, parl~ng may be hmzted to any per~od prescribed by the counml, the areas to be demgnated w~th clearly distmgmshable markings or signs a~ both ends of the time hmlt area and at reasonable intervals between the beg~nmng and ending of such time limit area, ln~hcat~ng the time allowed for parking in such area (c) [Any t~me linut on parking established under thas section shall apply on such days and betwee~ such hours as prescribed by the counml (Code 1,966, § 24 121) Sec. 18.97. Parking in p~ohibited areas; overtime parking, owner prima facie respon- sible for illegal parlflng. It shall be unlawful for any person to cause, allow, permit or suffer any vehicle registered in has name or owned or operated by ham or m his possession or under his control to be or remmnl ~n any space or area in whach parking is prohablted as provided in section 18 96 or in a time hm~t parkang area for a longer per~od of time than that designated by the markings on the street or by signs clearly ~ns~ble, and should any vehicle be found upon a street or haghway in violation of any pro~nslon of this article regulating the stopping, standing or parking of vehicles and the ldenttty of the dr~ver cannot be determined, the owner or person m whose name s~ch vehacle ~s reg~stored shall be held prima fame responsible for such v~olatlon (Code 1966, § 24-122) Sec 18-98. Overnight parking. Overmght parking for storage on any paved street ~s hereby prohibited "0vermght parking for storage" is hereby defined as the habitual parlong or storing of cars, trucks, tractors or other vbh~cles on paved streets dunng the hours from sundown to sunup, except temporarily disabled vehicles whach are protected by flares or other approved signal devices It Is not the intent of this sectxon to prohablt or interfere vnth passenger cars temporarily parked at night, where such parlung does not exceed twenty (20) continuous hours (Code 1966, § 24 126) Sec. 15.99. Loading and unloa~i~g of freight trucks, AI~ freight trucks shall be and are hereby required to be loaded and unloaded from the alley entrance, if prast~cable Where conditions are such as to make the loading or unloading thereofifrom an alley impracticable, such trucks shall be parked on the street in accordance with all apphcable prmns~ons of thas article (Code 1966, § 24 127) Sec 15 100. Application for loading zone (a) I Loading zones may be granted to any business where a loading zone is necessary for the conduct of the bus~ness, subject to the prowslons provided in this section Supp No 4 1270 MOTOR VEHICLES AND TRAFFIC § 18 100 (b) The owner or manager of a bus~ness desartng a loading zone shall make wratten apphcatmn to the c~t~zens traffic safety support commassmn The apphcatlon shall state the follovnng (1) The name and address of the business, (2) The types of goods and/or services pro,haled by the business, (3) The types and numbers of commercaal vehicles operated by the business, (4) The types of commercial vehicles mal~ng dehver~es to the business and the frequency of the dehver~as made by the vehacles, (5) A statement of the specific use to be made of the proposed loading zone, (6) The types and numbers of personal vehmles, ~f any, whmh may be parked m proposed loading zone when zone ~s not bmng used for loading or unloading purposes (c) If the catlzens traffic safety support comnnss~on approves the apphcatmn for the loading zone, the ,cemmass~on shall direct approprmte caty personnel to cause the loading zone to be ~nstalled as pro~nded m (d) of th~s sectmn (d) If approved, a loading zone shall be installed upon recmpt of an advance payment, m an amount as estabhshed by the caty council and on file ~n the office of the c~ty secretary (e) Upon granting the apphcat~on for a loading zone permitting the parking of vehicles, the permit holder shall be ~ssued an officml numbered decal or dewce, as determined by the mt~zens traffic safety support commassmn, whach shall be d~splayed on or m a place ws~ble from any personal vehicle at all t~mes m order to be legally parked m the loading zone designated for the apphcant (f) The cat~zens traffic safety support commmsmn shall annually rewew loading zone renewal apphcatlons during September of each year to determtne whether a need for each loading zone emsts If the commmsmn determines such a need continues to extst, the loading zone shall be renewed upon the receipt of a renewal fee, ff apphcable, and as estabhshed by the c~ty council and on file an the office of the caty secretary, praor to October 1 of each year Fmlure to pay any apphcable renewal fee prior to October 1 wall result m the need for reapphcatmn at a cost, las established by the czty council and on file an the office of the caty secretary (g) An apphcant may appeal the dec,stun to deny a loading zone permit or renewal to the c~ty council (h) Loading zones may only be used for the actual loading and unloading of commercml or customer vehicles, except as follows (1) Personal vehacles bemung a properly affixed or pmnted s~gn or logo located on the exterior of the vehacle adentff~ng xt as a vehicle utilized by the business which has been regastered by the owner w~th the c~tazens traffic safety support commission and the chief of pohce and &splaying the demce or decal assued for smd vehicle as prowded an paragraph (e) of thas sectaon, or Supp No 4 1270 1 § 18 100 DENTON CODE (2) Commercial vehicles registered by the owner with the citizens traffic safety support commission and the chief of police beanng a properly affixed sign located on the exterior of the vehicle identifying it as a commercial vehicle (~) The following words and phrases, when used in this article, shall, for the purposes of this article, have the follovnng meaning~ (1) Commercial vehicle shall mean any motor vehicle (other than a passenger car) de signed or used prlmamly for transportation of property, ~ncludmg any passenger car which has been reconstructed so as to be used, and which is being used, primarily for dehvery purposes (2) Personal vehicle shall mean a passenger car or any other motor vehicle designed or used primarily for the transportatton of persons (Code 1966, § 24 128, Ord No 93 089, § I, 6-1-93) Sec. 18 101 Marking of loading zones. Every loading zone approved by the citizens traffic safety support commission shall be designated by c~ty personnel by markings pmnted on the curb adjacent thereto and/or signs adjacent thereto the words "LOADING ZONE-VIOLATORS WILL BE TOWED" (Cede 1966, § 24 129, Ord No 93 089, § II, 6 1 93) Sec 18.102 Parking restrictions in loading zone, (a) A person commits an offense if he steps, stands, or parks a vehicle, other than a properly authorized commercial or personal vehicle as provided in section 18 100(h), in a loading zone (b) It is a defense to prosecution under subsection (a) that materials were being expedl t~ously unloaded from or loaded into the vehicle from a business holding the loading zone permit (Code 1966, § 24 129 1, Ord No 93-089, § III, 6-1 93) Sec 18-102 1 Penalties for violation of loading zone restrictions. (a) Any person wolatmg prowslons of section 18 102 of this Code shall be punished upon conviction by a fine of not less than twenty five dollars ($25 00) or more than two hundred dollars ($200 00) (b) Any vehmle found to be parked in molatlon of the terms of section 18 102 shall be deemed a nuisance and shall be sublect to impoundment (Ord No 93 089, § IV, 6 1 93) Sec 18 103 Daslgnation and use of tax, cab stands (a) Taxmab stands or zones may be granted to any taxicab business where such stand or zone is necessary for the conduct of the business of the taxicab business subject to the prov~ slons prowded in this section Suop No 4 1270 2 ORDIN CE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR DESIGNA- TION AND MARKING OF PARKING SPACES PURSUANT TO SECTION 18-96 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON; AMENDING SECTION 18- 109 TO PROVIDE FOR DESIGNATION OF PARKING SPACES FOR EXCLUSIVE USE OF DISABLED PERSONS ON PUBLIC PROPERTY; PROVIDING FOR A PENALTY NOT TO EXCEED $200 FOR VIOLATIONS THEREOF; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR A SAVING CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS' SECTIONI. That pursuant to Section 18-96 of the Code of Ordi- nances, the city engineer is directed to designate and mark parking spaces in areas where parking is to be limited. SECTION II. When signs are erected giving notice thereof, no person may park a vehicle in a parking space within the zone for more than two (2) hours between the hours of 8:00 A.M. until 5:00 P.M. upon the following street or portion thereof, in the City of Denton, to-wit: 1. Austin Street: The east side between Oak Street and Mulberry Street; 2. Austin Street: The west side between Oak Street and Walnut Street; 3. Locust Street: The east side between Pecan Street and Walnut Street; 4. Locust Street: The west side between Oak Street and Walnut Street; 5. Elm Street: The east side between Pecan Street and Hickory Street; 6. Elm Street: The west side between Pecan Street and Walnut Street; 7. Cedar Street: The west side between Hickory Street and Mulberry Street; 8. Pecan Street: The south side between Cedar Street and Elm Street; 9. Oak Street: Both sides between Cedar Street and Austin street; 10. Hickory Street: Both sides between Cedar Street and Austin Street; 11. Walnut Street: Both sides between Cedar Street and Elm Street; and 12. Walnut Street: Both sides between Locust Street and Austin Street. SECTION III. When signs are erected giving notice thereof, no person shall park a vehicle in a parking space within the zone for more than two (2) hours between the hours of 8:00 A.M. and 5:00 P.M. upon the following street or portion thereof, in the City of Denton, to-wit: 1. Austin Street: The west side between Pecan Street and Oak Street; 2. Locust Street: The west side between Pecan Street and Oak Street; 3. Elm Street: The east side between Hickory Street and Walnut Street; 4. Cedar Street: The east side between Pecan Street and Walnut Street; 5. Cedar Street: The west side between Pecan Street and Hickory Street; 6. Pecan Street: Both sides between Elm Street and Austin Street; and 7. Walnut Street: Both sides between Elm Street and Locust Street. SECTION IV. That Section 18-109 of Chapter 18 of the Code of Ordinances of the City of Denton, Texas is hereby amended to read as follows: Sec. 18-109. Designation of parking spaces for exclusive use of disabled persons upon public property. (a) When signs are erected giving notice thereof, it shall be unlawful for any person at any time to stop, stand, park or leave standing any vehicle not displaying a specially designed symbol, tab or other device, issued pursuant to the require- ments of the state department of highways and public transpor- tation in Vernon'sAnn. Civ. St. art. 667§a-§e.1 and affixed to the license plates of such vehicle indicating the owner thereof or a passenger therein is permanently disabled, or any vehicle not displaying an identification card issued by such department indicating the operator of such vehicle or a passenger therein is temporarily disabled at any of the following places: Page 2 (1) One (1) parking space on the north side of Oak Street, east of Elm Street; (2) One (1) parking space on the south side of Oak Street, approximately one-half the distance between Locust Street and Elm Street; (3) One (1) parking space on the south side of Hickory Street, west of Locust Street; (4) One (1) parking space on the north side of Walnut Street, east of Locust Street; (5) Two (2) parking spaces on the west side of Austin Street, south of Hickory Street; (6) One (1) parking space on the east side of Locust Street, south of Oak Street; (7) One (1) parking space on the east side of Elm Street, approximately one-half the distance be- tween Oak Street and Hickory Street; (8) One (1) parking space on the west side of Elm Street, north of Hickory Street; (9) One (1) parallel parking space adjacent to the elevator entrance to the First Methodist Church on Mulberry Street; (10) Two (2) parallel parking spaces in the park- ing lot of the Denton civic Center near the handi- capped access ramp; (11) Three (3) parking spaces at the Denton senior Center, 509 North Bell Street, on the north side of the building and adjacent to the access ramp; (12) TwO (2) parking spaces at the Texas Employ- ment Commission, 510 I-Hwy. 35E, in front of the access ramp leading to the entrance of the build- ing; (13) One (1) parking space nearest the handicapped access ramp at the Denton Public Library; (14) One (1) parking space adjacent to the handi- capped access ramp at the southwestern entrance to the Municipal Building at 215 E. McKinney Street in the U.S. Post office/Municipal parking lot; Page 3 (15) One (1) parking space at Mack Park on the south side of McKinney Street adjacent to the sidewalk leading to the tennis courts; (16) One (1) parking space at Mack Park on the north side of McKinney Street adjacent to the sidewalk leading to the park's concession stand; (17) Two (2) parking spaces at North Lakes Park nearest the access ramp and entrance to the park; (18) Two (2) parking spaces adjacent to the hand- icapped access ramp at Denia Park; (~9) One (1) parallel parking space on the south side of Roberts Street at 7~8 Roberts Street; and (20) Two (2) parking spaces at Denton Police De- partment, 221 N. Elm Street, adjacent to the south handicapped entrance ramp. SECTION V. Any person who shall violate a provision of this ordinance, or fails to comply therewith or w~th any of the require- ments thereof, or of a permit or certificate issued thereunder, shall be guilty of a misdemeanor punishable by a fine not exceeding TWo Hundred Dollars ($200.00). Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of this ordinance Ks committed, or continued, and upon conviction of any such violations such per- son shall be punished within the limits above. SECTION VI. That all ordinances or parts of ordinances in force when the provisions of this ordinance become effective which are inconsistent or in conflict with the terms or provisions con- tained in this ordinance are hereby repealed to the extent of any such conflict. S~C~ION VII. That is any section, subsection, paragraph, sen- tence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the va- lidity of the remaining portions of this ordinance, and the C~ty Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION VIII. That this ordinance shall become effective four- teen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official news- paper of the City of Denton, Texas, within ten (10) days of the date of its passage. Page 4 PASSED ~q APPROVED this the6?(/~' day of ,~~ , 1992. BOB CASTLEBE~Y, ~~ ~ ATTEST: JENNIFER WALTERS, CITY SECRETLY DEB~ A. D~YOVITCH, CITY ATTO~EY E \~oC~OCS\O~D\CONPACTC 0 ORDINANCE NO. ~ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR DESIGNA- TION OF PAP~KING SPACES FOR EXCLUSIVE USE OF COMPACT CARS ON POR- TIONS OF ELM STREET AND LOCUST STREET~ PROVIDING FOR A PENALTY NOT TO EXCEED $200 FOR VIOLATION THEREOF~ PROVIDING FOR A SAVING CLAUSE~ PROVIDING FOR PUBLICATION~ AND PROVIDING FORAN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS= SECTION I. That pursuant to Section 18-96 of the Code of Ordi- nances, the City Engineer is directed to designate and mark "Com- pact Car Only" parking spaces in areas where parking is to be limited to compact cars. SECTION II. That the terms "compact car" or "compact vehicle. shall mean a vehicle which can be parked completely within a parking space measuring eight (8) feet by sixteen (16) feet. SECTION III. When signs are erected giving notice thereof, no person may park a vehicle other than~a compact vehicle in a parking space within the zone upon the following street or portion thereof, in the City of Denton, to-wits 1. Both sides of Elm Street between Hickory Street and Walnut Street~ and 2. The west side cf Locust Street between Oak Street and Pecan Street. ~. Any person who shall violate a provision of this ordinance, or fails to comply therewith or with any of the require- ments thereof, or of a permit or certificate issued thereunder, shall be guilty of a misdemeanor punishable by a fine not exceeding Two Hundred Dollars ($200.00). Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof, during which any violation of this ordinance is committed, or continued, and upon conviction of any such violations such per- son shall be punished within the limits above. ~. That if any section, subsection, paragraph, sen- tence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the valid- ity or,he remaining portions of this ordinance, and the City Coun- cil of the City of Denton, Texas, hereby declares it would have en- acted such remaining portions despite any such invalidity. ¢ \~°DOC$\ORD\TI~R PKG ORDINANCE NO. ~ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, WHICH PROHIBITS THE PARKING OF VEHICLES FOR MORE THAN TWO HOURS ON CERTAIN PORTIONS OF ELM, CEDAR, PECAN AND MCKINNEY STREETS AND CERTAIN PARKING SPACES ADJACENT THERETO AND CITY HALL WEST BETWEEN THE HOURS OF 8:00 AM THROUGH 5:00 PM MONDAY THROUGH FRIDAY; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00); PROVIDING A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR PUBLICATION; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: ~ECTION I. When signs are erected giving notice thereof, no person shall park a vehicle, for more than two (2) hours between the hours of 8:00 AM through 3:00 PM Monday through Friday, upon the following portions of the following streets and parking spaces, in the City of Denton, to-wit: The west side of Elm Street between Pecan Street and West McKinney Street; The parking spaces adjacent to Pecan Street between North Elm Street and Cedar Street; The east side of Cedar Street between Pecan Street and West McKinney Street; The parking spaces adjacent to the east side of Cedar Street between Pecan Street and West McKinney Street; and The parking spaces adjacent to the north side of City Hall West. SECTIONII. That an individual adjudged guilty of any of the provisions of this ordinance shall be guilty of a misdemeanor, and punished by a fine not to exceed Two Hundred Dollars ($200.00). ~ That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent Jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. ~_~ That all ordinances or parts of ordinances in force when the provisions of this ordinance become effective which are inconsistent or in conflict with the terms or provisions contained in this ordinance are hereby repealed to the extent of any such conflict. d . \~/PDOC$\OR~)\D ! SABLED · ORD ORDINANCE NO. ~ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 18, SECTION!lB-109, TO PROVIDE FOR ANADDITIONALDISABLED PAP/lING SPACE ON THE IWEST SIDE OF CEDAR STREET AT ITS INTERSECTION WITH WEST HICKORYISTREET; AMENDING SECTION 18-109(a) TO CLARIFY THE LANGUAGE; PROVIDING FOR A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That pursuant to Section 18-96 of the Code of Ordinances, the city engineer is directed to designate and mark parkinglspaces in areas where parking is to be limited. ~ That Section 18-109(a) of Chapter 18 of the Code of Ordinances of the City of Denton, Texas is hereby amended to read as follows: (a) When signs are erected giving notice thereof, it shall be unlawful for any person at any time to stop, stand, park or leave standing any vehicle not displaying special license plates or a parking placard issued pursuant to the requirements of the Texas Department of Transportation indicating that the owner or a passenger thereof is permanently or temporarily disabled at any of the following locations: ~¢TION III. That Section 18-109(a)(1)-(24) shall remain in full force and effect. E' ~ That Section 18-109(a) (25) shall be added to create a new disabled parking space on the corner of Cedar Street and West Hickory Street and subsection (25) shall read as follows: (2~) One (1) parking space on the west side of Cedar Street, immediately north of West Hickory Street. ~_~ An individual adjudged guilty of v%o%ating any thereof, shall be guilty of a misdemeanor, and punished by a fine not to exceed Two Hundred Dollars ($200.00). SECTION VI. All ordinances or parts of ordinances in force when th~ provisions of this ordinance become effective which are inconsistent or in conflict with the terms or provisions contained in this ordinance are hereby repealed to the extent of the conflict. ORDINANCE NO. ~ AN ORDINANCE ESTABLISHING FEES TO BE PAID IN RELATION TO AN APPLI- CATION FOR OR I~ENEWAL OF A LOADING ZONE~ A/~D PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENT~N HEREBY ORDAINS: ~TJ~. (a) That upon granting any application for a load- ing zone, the following fees shall be paid prior to installation of the loading zone: 1. A single loading zone shall be $132.00 per year~ and 2. A double loading zone shall ~e $264.00 per year. (b) That any renewal of a loading zone shall require the payment of the-f~lI~-~g-fees: 1. A single loading zone shall be $132.00 per year~ and 2. A double loading zone shall be $264.00 per year. m~_~.aintai~edO That a schedule of the fees provided herein shell be n file in the office of the City Secretary. ~. That this ordinance shall become effective four- teen (14) days from the date of its passage, and the City Secretary is hereby ,directed to cause the caption of this ordinance to be published twice in the Denton Record[-rChronicle, the official news _ paper of the City of Denton, Texas, within (10) days of the date of its passage. PAS~SED AND ~tPPROVED this the ~ 3. BOB CASTLEBERRY, MAY ATTEST: FER WALTEP.~, C JENNI · ITY SECRETARY APP~VED~ TO LEGAL FORM: D~BRA A. D~AYOVITCH, CITY ATTORNEY RESOLUTION NO ~q~ -- OUO A RESOLUTION LEASING PARKING SPACES LOCATED ON THE WILLIAMS TRADE SQUARE; AND DECLARING AN EFFECTIVE DATE WHEREAS, the city of Denton has improved and maintained the area known as the "Williams Trade Square", and WHEREAS, such improvements include paved parking spaces; and WHEREAS, the city of Denton desires to continue to lease parking spaces in order to recover the cost of the maintenance and improvements~ NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the City Manager of the city of Denton, Texas is hereby authorized to execute an agreement between the City of Denton and County of Denton to lease parking spaces at the "Wil- liams Trade Square", a copy of which agreement is attached hereto and incorporated by reference herein. SECTION II. That this reso!utlon shall become effective im- mediately upon its passage and approval PASSED AND APPROVED this the 1~4~day of ~o13~D~-~', 1994. BOB'CASTLEBERRY, MAy ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: MIKE BUCEK, ACTING CITY ATTORNEY , ORIGINAL THE STATE OF TEXAS )( AGREEMENT BETWEEN THE CITY OF DENTON AND THE COUNTY OF COUNTY OF DENTON )( DENTON LEASE AGREEMENT This agreement is made and entered into by and between the City of Denton, Texas, hereinafter referred to as Lessor, and Denton County, Texas, hereinafter referred to as Lessee. WITNESSETH. 1. Lessor leases to Lessee and Lessee leases from Lessor fifteen (15) parking spaces at the Williams Trade Square for a period of twelve (12) months commencing on the 1st day of October, 1994 and ending on September 30, 1995, at a monthly rate of fourteen dollars ($14.00) each to be occupied as a parking lot only. 2. Lessee will pay the rent monthly on the 1st day of the month 3. Lessee agrees to allow Lessor to have free access to the premises; to leave the premises, on termination of the lease, in good repair; not to assign nor sublet the premises or any part thereof; and to hold Lessor harmless and indemnify Lessor from any claim, damages or loss resulting from the use of the parking lot as to any use of said premises by Lessee 4. Lessor will provide the five ,(5) members of the Commissioners Court with a sticker permit authorizing parking in the Courthouse Square area without time limit, to be in effect during the term of this agreement. 5. Lessee shall have the option to extend this Lease for eight (8) successive terms of twelve (12) months each at such rental that the city Manager shall establish. To exercise the option to extend, Lessee shall give Lessor sixty (60) days written notice of it intent to renew the Lease. Upon receipt of such notice, the City Manager shall give Lessee written notice of the increase, if any, in rental. Increases in rental shall be based upon economic conditions. WILl, AIlS TRADE SQUARE DENTON COUN~- CITY OF DENTON ''IN WITNESS WHEREOF, the parties hereto have executed this Contract to be effective the 1st day of october, 1994. LESSEE '~ LESSOR DENTON COUNTY~ TEXAS CITY OF DENTON 110 West Hickory Municipal Building Denton, Texas 76201 Denton, Texas 76201 I-IO,Nt~I~BI.~E J~.FF MOSELEY /J ............. ,,, MAYOR / \! ~ , C(~UI~TY JUDGE /,,~f$~ TIM HODGES, CO~TY CLE~?~ ~ ~./ JE~IFER W~TERS, CITY SECRETLY THE CO~ISSIONERS COURT OF DENTON CO~TY APPROVED AS TO LEGAL FO~: APPROVED AS TO LEGAL FO~: ASSIST~T DISTRICT ATTO~EY DEB~ A. D~YOVITCH, CITY ATTO~EY CITY OF DENTON, TEXAS DEPARTMENT OF POLICE MEMORANDUM TO The Honorable Mayor Euhne Brock and Members of the City Council FROM Capt Joame Housewnght VIA Jon Fortune, Assistant C~ty Manager DATE January 18, 2001 REF Animal Control Ordinance Revisions On December 19, 2000, the Denton C~ty Council approved a total revision of Chapter 6 of the Code of Ordinances whmh regulates animals w~thm the C~ty hm~ts The revis~ons were initiated in response to a c~ttzen request that the Cny hma the number of dogs and cats a person could own, a c~tlzen request to legahze ferrets, conflicts between the ordinances and State law, and the desire to make the ordinances more effective Dunng the revision process, Councflmember Young requested that a "pooper-scooper" law, similar to the ordinance recently approved by Dallas, be ~ncluded There are two ordinances that will directly affect the regulation of ammals on County property The first ordinance is Sectaon 6-8(b) which prohibits a person from leaving an ammal unattended in a public place regardless of whether ~t ~s restrmned For example, a person can no longer leave a dog tied to a stationary object while they enter a bmld~ng Th~s revision was proposed ~n response to a problem experienced by the C~ty Library m whmh a patron repeatedly left a dog unattended and the dog reportedly b~t a small child The other ordinance is Section 6-10, Defecation of dogs on pubhc and private property Th~s ordinance prohibits a person in control of a dog from allowing the dog to defecate on public property ffthey fall to remove and dispose of any waste the dog deposits A person is also reqmred to carry materials w~th him that can be used to collect and dtspose 601 E HICKORY STREET SUITE E DENTON,TEXAS 76205 DUTY OFFICER (817) 566-8181 FAX (817) 363-7966 Animal Control Ordinance Revisions Page 2 of the waste An exception is included for dogs traaned to assist the disabled and law enforcement canines who are in the possession of their handlers The intent of this ordinance is the mmntenance of clean public open spaces for the enjoyment of all citizens The Animal Control Section is coordinating educational efforts with the City's Public Information Office Information regarding the ordinance revisions will be posted on both Channel 26 and the City's Webme Additionally, the appropriate County personnel will be consulted about the placement of applicable signs on County property that is frequently used by citizens to exercise their dogs, such as the lawn of the Courthouse on the Square Other forms of citizen notification of City ordinances are being developed at this time Respectfully submitted, Joanle Housewnght Captain Support Operations Division O IN CE AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING CHAPTER 6 RELATING TO ANIMALS BY REPLACING CHAPTER 6, PROVIDING A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, PROVIDING FOR A PENALTY NOT TO EXCEED $500 FOR VIOLATIONS OF THIS ORDINANCE, AND PROVIDING FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION 1 That Chapter 6 "Animals" of the Code of Ordinances of Denton, Texas is hereby amended to read as follows Chapter 6 ANIMALS* ARTICLE I IN GENERAL See 6-1. Short title. Th,s chapter may be cited as the Denton Animal Control Ordinance Sec 6-2. Definitions. The following words, terms and phrases, when used m this chapter, shall have thc meanings ascribed to them ~n this section, except where the context clearly ~ndlcates a different meamng "Abandon" means to leave without human supervision, unattended, and w~thout adequate prows~ons, for an unspecified amount of time "Annnal" means all hwng creatures, excluding human beings, and where applicable includes b~rds, fish, mammals, and reptiles "Animal control officer" means the person employed by the city to represent and act for the cxty in the ~mpoundmant of anxmals, controlling of stray animals, enforcement of thxs chapter and applicable state regulations, and as otherwise authorized herein "Ann-mai control center or shelter" means a city-operated or desxgnated faclhty for the lmpoundm$ and canng of ammals held under the authonty of this chapter "Ammal waste" means feces, unne, htter, bedding, spoiled food, or other animal matter that causes foul odors, attracts vermin or encourages their reproduction Page 1 of 28 "At large" or "runmng at large" means an ammal not kept within an enclosure or fenced area or restrmned by a leash of sufficient strength and length to control the actions of smd ammal "Braiding" means any structure or enclosure intended for use or occupation as a habitation or for some purpose of trade, manufacture, ornament or use "Cat" means an ammal of the feline species, both male and female "Circus" or "Carmval' means a commercial variety show featunng animal acts for public entertainment "City" means the City of Denton, Texas "Commercial kennel" means any premise wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee or selling dogs and cats "Dangerous Ammal" means a dog that makes an unprovoked attack on a person, or a domestic animal, that causes bodily injury "Dog" means an ammal of the canine species, both male and female "Domestic ammal" means all species of animals commonly and universally accepted as being domesticated "Estray" means any stray livestock "Ferret" means a domesticated animal of the putonous family, both male and female "Fowl" means any species of feathered animals which are normally suited for, or kept or used on, a farm, a ranch, or similar setting for agricultural purposes such as food or food production, animal husbandry, and production of clothing material, commerce, or other similar purpose, regardless of age, breed, or sex, unless stated herein, or determined by the ammal control officer The following and similar species shall be considered to be fowl regardless of age, breed, or sex, unless otherwise stated herein or determined by the ammal control officer chickens, ducks, game hens,~geese, guineas, peafowl, pheasant, quail, swans, and turkey "Habitation" means a structure that ~s adapted for the overnight accommodation of persons "Harbor" means the act of keeping and or canng for an ammal or of providing premises to which the animal returns for food, shelter, or care, for a period of at least three days, or protection from impoundment "Hybrid" means the offspnng of two animals of different species Page 2 of 28 "Lavestock" means any spemes of ammals wtuch are normally stated for, or are kept or used on, a farm, ranch or sundar setting for agricultural purposes such as animal husbandry, food or food productmn, productmn of fiber or clothmg material, riding, dnvmg, pulhng, hauling, commerce, or s~mflar purpose For purposes of thas chapter, the following or mmllar spemes of ammals shall be consadered to be livestock, regardless of age, breed, or sex, unless otherwise stated herem or determined by the animal control officer bovane, equine, goats, sheep, swine "Owner" means any person owning, keeping or having custody or control of, or who has primary responsabflaty for the care of, or nght of property m, an animal "Pohce camne" means any dog trained or being trmned for law enforcement purposes, whmh as under the care, custody, and control of a law enforcement officer "Possession" means actual care, custody, control or management of an animal "Premises" means any parcel of land that as owned, leased, or otherwise controlled by a person "Prohibited ammal" means any spemes of animals whose sale, display, or possessaon witfun the city hmlts is unlawful The following or similar species of animals, ancluding their hybrids, shall be considered prohibited 1 Class Repttha Family Helodermat~dea (the venomous hzards), family Vapendae (rattlesnakes, p~t vapers and true vipers), family Elapadae (coral snakes, cobras and marnbas), family Colubndae--Dlspholldus typuss (boomsland), Cyclagras gagas (water cobra) and Baoga dendrophfla (mangrove snake) only, order Ptudia (racers, boas, water snakes and pythons), order Crocodflla (crocodiles, alligators, caimans and gavlals) 2 Class Aves Subdavaslon Ratltae (such as ostriches, rheas, cassowaries and emus), 3 Class Mammaha Order Carnivora, family Fehdae (such as ocelots, margays, tigers, jaguars, leopards and cougars), except commonly accepted domestmated cats, family Canldae (such as wolves, dlngos, coyotes and jackals), except domestacated dogs, family Mustehdae (such as weasels, martens, minks, badgers), except domesticated ferrets, family Procyomdae (raccoons, family Ursldae (such as bears), order Marsuplaha (such as kangaroos and common opossums), order Edentata (such as sloths, anteaters and armadillos), order Proboscldea (elephants), order Pnmata (such as monkeys, clumpanzees and gorillas), order Rodentla ( such as porcupines), and order Ungulata (such as antelope, deer, b~son and camels) Prohlbated ammal does not mean a psattaclne bird, canary, finch, hamster, guinea pag, rat, mouse gerbil, or reptile famflaes Leptotyphlopldae and Colubndae "Protectave custody impound" means an the impoundment of an animal as the result of a fire, medical emergency, hospatallzatlon, custody arrest, or other natural or manmade satuatlon that Page 3 of 28 leaves the owner, harborer or person otherwise In possess]on of ammal incapable of mamtmmng control of, or caring for, the ammal "Public place" means any place to winch the public or a substantml group of the pubhc has access and meludes but is not hrmted to streets, s~dewalks, inghways, alleyways, parks and the common areas of schools, hospitals, apartment houses, office bmldmgs, transport facilities and shops "Quarantine" means the stnct ~solat]on ofa Int~ng ammal or ammal suspected of being rabid m a closed cage or pen m a manner that prevents physmal contact between the ammal and all other ammals and humans "Stenhzat~on" means the surgical removal of the reproductive organs of an ammal to render ~t unable to reproduce "Stray ammal" means any animal for winch there Is no ]denhfiable owner or harborer, winch ~s found to be at large within the corporate hrmts of the c~ty "Strict isolation" means to confine an ammal ~n a closed cage or pen m a manner which prevents physmal contact with other animals or people for a period oft~me specffied by the animal control officer "Vacmnated" means an ammal properly Injected by a hcensed vetennanan with a raines vaccine licensed for use in that species of animal by the Umted States Department of Agriculture (USDA) "Vermin" means fl~es, t~cks, fleas, hee, rats, mosqmtoes or other small ammal or insect winch may be annoying, destructive, or inJUriOUS to health See 6-3 Exemption of city officials from habihty All of the regulatmns prowded in tins chapter and the funetmns and duhes of all officers, agents, servants or employees of the ¢~ty In the enforeement of ~ds chapter are declared to be governmental and for the benefit, health and welfare of the general pubh¢ Any c~ty officml or employee charged with the enforcement of tins arhcle, acting for the c~ty ~n the d~scharge of bas or her duties, shall not thereby render Inmself or herself personally hable by the performance of any act reqmred or permitted In the dmcharge of Ins or her duties Sec 6-4 Enforcement (a) The city authorizes animal control officers to enforce the prov]smns of th~s chapter and to act as the local health authority and animal control authority ~n enforcing the provisions of apphcable sechons of the Texas Health and Safety Code Page 4 of 28 Co) The authority of an ammal control officer includes, but is not hmlted to (1) The authority to issue citations and swear out summonses for any wolation of tins chapter and any other power or duty stated w~thln the terms of this chapter, (2) The humane destruction of an animal winch is diseased or has been seriously injured to the degree that destruction as the most humane course of action or when an animal poses an ~mmment danger to a person or property, (3) The Impoundment of an ammal under provisions of tins chapter or when the animal IS diseased and endangers the health of a person or another animal, and (4) The pursuit of animals runmng at large onto private property, excludmg entrance into a habitation w~thout the effective consent of the owner, while enforcing the provisions of this chapter and to enter onto private property and commercial animal estabhshments to enforce regulations covered in this chapter (c) It shall be unlawful for any person to intentionally and knowingly interfere with an ammal control officer in the performance of his or her duties (d) It shall be unlawful for any person to fail to comply with any lawful order of an animal control officer of the city (e) It shall be unlawful for any person, upon being issued a citation, to give an animal control officer a false name or a false address (f) It shall be unlawful for any person to remove, altar, damage or otherwise tamper with a trap or other eqmpment that ~s placed on any property by an ammal control officer for the purpose of exercasing the authority, or performing any duty, presenbed by this chapter See. 6-5. Animal control center or shelter. The city council shall select and estabhsh facilities in the clty for Impoundment, adoption, mmntenanee and humane destruction of stray, at large, d~seased, and dangerous mumals Sec. 6-6. Ammal shelter adwsory committee - Creation (a) There is hereby established and created the ammal shelter advisory committee to be composed of seven (7) members who shall meet the following qualifieatlons (1) One (1) licensed vetennanan, (2) One (1) c~ty official, Page 5 of 28 (3) One (1) person whose dutaes ~nclude the daffy operation of an ammal shelter, (4) One (1) representative of an ammal welfare orgamzatmn, (5) Three (3) people who are not Involved by occupation or membership in any of the above categories (b) Each member shall serve a term of office of two (2) years f~om the date of his or her appointment, and terms shall be staggered Sec. 6-7 Same - Purpose, meetings. (a) It shall be the purpose of the ammal shelter advisory committee to assist the c~ty in complying w~th the reqmrements of the ammal shelter act, Texas Health and Safety Code 823 005, and to make recommendations to the mty council regarding methods and procedures necessary to ensure compliance w~th the Act Co) The committee shall meet at least three (3) t~mes per year Sec 6-8. Restraining Animals (a) It shall be unlawful for the owner, harborer, or person m possession of any anmaal to penmt the animal run at large ~n the c~ty or to trespass upon the premises of any other person (b) It shall be unlawful for the owner, harborer, or person m possession of any animal to leave the animal unattended m a pubhc place regardless of whether or not ~t is restrained by a leash (c) It shall be unlawful for the owner, harborer, or person iff possession of any aroma1 to leave the aroma1 restrained by a leash and unattended ~n any manner that allows the animal to enter the private property of another without the effective consent of the owner (d) This section does not apply to pohce canines Sec 6-9 Animal Nuisances It shall be considered a pubhc nuisance and unlawful for any person to (a) Harbor, keep, or control any ammal on their premxses which by barking, howhng, or crowing creates noise to the degree that the nmse interferes w~th the reasonable use and enjoyment of adjacent property by ~ts occupants Page 6 of 28 (b) Keep any animal in such a manner as to endanger the public health In the following ways 1 By the accumulation of organic ammal wastes which cause foul and offensive odors, 2 By being a hazard to any other ammal or human being, or 3 By keeping ammal pens, stables or enclosures in an unsamtary cond~tion (c) Keep bees in such a manner as to deny the reasonable use of adjacent property or endanger personal health and welfare See. 6-10. Defecation of dogs on pubhe and private property. (a) An owner, harborer, or other person in possession of a dog commits an offense if he knowingly permits, or by Insufficient control allows, the dog to defecate in the city on private or public property and falls to remove and dispose of any excreta the dog deposits (b) An owner, harborer, or other person in possession of a dog commits an offense if he 1 Knowingly permits the dog to enter or be present on private property located in a pubhc place, and 2 Falls to have in his possession materials or Implements that, either alone or in combination w~th each other, can be used to immediately and in a sanitary and lawful manner both remove and dispose of any excreta the dog may deposit on the property (c) It is a defense to prosecution under Subsection (a) or (b) that 1 The property was owned, leased, or controlled by the owner, harborer, or person in possession of the dog, 2 The dog was specially trained to assist a person with a dlsablhty and was in the possession of that disabled person at the time it defecated or was otharw~se present on the property, 3 The owner or person in control of the property had given prior consent for the dog to defecate on the property, or 4 The dog is a police canine being used in official law enforcement activities Sec 6-11. Confinement of stray animals by individual If a stray ammal is found upon the premises of another or running at large, the occupant of the premises, or person discovering the animal running at large, may confine the animal only for so long as reasonably necessary to notify the animal control center and have the animal Page 7 of 28 Impounded, or deliver smd ammal to the ammal control center In attempting to confine the ammal, the occupant shall not use any force that ~s intended or known by the occupant to cause or m the manner or,ts use or intended use ~s capable ofcausang death or ~njury to the ammal See. 6-12. Animal care generally Animals shall be cared for, treated and transported in a humane manner and not an vlolatmn of Sectmn 42 11 of the Texas Penal Code, Title 10 of the Health and safety Code, or any other prows~on of law, including federal, state and local laws, ordinances and rules (a) It shall be unlawful for any person to intentionally or knowingly abandon any ammal w~ttun the corporate hmats of the city Any person wolatmg flus section shall bear the full costs and expenses ~ncurred by the c~ty m the care of the abandoned animal and the person shall reamburse the c~ty all costs as determined by the animal control officer (b) It shall be unlawful for any person to lntentmnally or knowingly confine or allow to be confined any animal m a motor vehicle or trmler under such cond~tlons or for such periods of t~me as may endanger the health or well-being of the ammal due to heat, lack of food or water or any other c~rcumstances which might cause suffenng, d~sabfl~ty or death An animal control officer who reasonably beheves that an animal is in a motor vehicle or trailer under such circumstances as anthonzed to enter the vehicle to remove the ammal and transport the animal to the ammal control center (c) It shall be unlawful for any person to keep or harbor any animal which ~s anfllcted w~th any dangerous or communicable d~sease, or which ~s ~n a painfully crippled or d~seased condition, that to keep said ammal ahve would be considered ~nhumane All such ammals shall be humanely destroyed by a hcensed vetennanan or turned over to the animal control center to be humanely destroyed (d) It shall be unlawful for any person to knowangly color, dye, sttun or otherwise change the natural color of any chicken, duckling, other fowl, rabb~t or aquatic turtle or to possess for the purpose of sale, exchange or gift any of the above- mentioned animals which have been so colored (e) It shall be unlawful for any person to knowingly sell, offer for sale, exchange or g~ve away any cbacken, duckhng or other fowl, rabb~t or aquatic turtle younger than e~ght (8) weeks of age as a toy, premmm, novelty or pet unless the manner or method of d~splay ~s first approved by the anamal control officer (f) It shall be unlawful for any person to produce or participate ~n the production of a e~rcus, carnival, or other performing ammal exhabltlOn m whmh an ammal as mduced or encouraged to perform through the use of a chemmal, mechanmal, Page 8 of 28 electrical, or manual device in a manner whlch causes or is hkely to cause physical injury or suffenng (g) It shall be unlawful for any person, finn or corporation to raise or kill a cat, dog, ferret, or rabb~t for the shn or fur (h) It shall be unlawful for any person, finn or corporation to mutilate any live ammal It shall be unlawful for any person other than a hcensed vetennanan to dock the tall or crop the ears of any ammal (j) A person commits an offense if he 1 Beats, cruelly treats, torments, mentally abuses, overloads, overworks, or otherwise abuses an anlmal, 2 Causes, instigates, or permits any dog fight, eoek fight, bull fight, or other combat between animals or between animals and humans, 3 Falls to provide an ammal m bls possession with adequate wholesome food and water, proper shelter and protection from inclement weather and vetennary care when needed to prevent suffenng, 4 While transporting an animal in a vehicle, finis to restrain the ammal in a manner that prevents the animal from leaving the vehmle or being acmdentally thrown from the velucle, or 5 Treats an animal in an inhumane or cruel manner as defined by Section 42 09 of the Texas Penal Code or Chapter 821 of the Texas Health and Safety Code (k) It lS an exception to the apphcatlon of this section if, at the time of the conduct charged, the actor 1 Was a hcensed vetennanan engaged in the leglhmate practme of vetennary medicine, or 2 Was engaged in bona fide expenmentahon for sclentffic research Sec. 6-13. Vaccination of cats, dogs, and ferrets. (a) Every owner of a dog, cat, or ferret, four months of age or older, shall have such ammal vaccinated against rubles, with an antirables vaccine approved by the Texas Board of Health Only a hcensed vetennanan shall administer the vaccine, whether the vaccmo is of the modified live vires or the Inactivated type (b) Upon vaccination, the admlmstenng vetennanan shall execute and ftmnsh to the owner of the cat, dog or ferret as evidence thereof, a certificate of vaccination and a tag that contmns a serial number to correspond with the vaccination cerhficate Page 9 of 28 number, the ~ssmng chmc's name and phone number The owner shall place the rabaes tag on the ammal's collar or harness Mule the ammal Is outside the owner's residence (c) All such cats, dogs, or ferrets shall be revacclnated at one year ~ntervals thereafter Any person estabhshmg residence within the C~ty of Denton shall comply w~th tins section w~tlun ten (10) days of estabhshmg such residency (d) If an unvaccinated cat, dog, or ferret lnfl~cts a b~te, scratch, or otherwise attacks any person w~tlun the c~ty hmlts, a rabies vacmne shall not be adm~mstered to the cat, dog, or ferret until the conclusion of a ten (10) day quarantine period, beg~umng w~th the date of the b~te, scratch, or attack (e) It shall be unlawful for a person to knowingly possess a dog, cat, or ferret that has not been vaccinated agmnst rabies as prescribed by th~s section (f) It shall be unlawful for a person to knowingly use a certificate of vaccination or tag of any dog, cat, or ferret other than one for which ~t was ~ssued (g) It shall be unlawful for a person to alter or obhterate any mfonnat~on contained m a cemficate of vaccination or on a vaccination tag (h) It shall be unlawful for the owner of a dog, cat, or ferret to fml or refuse to present a vahd vaccmatmn certificate from a hcensed vetennanan to an animal control officer, upon request, that such ammal ~s currently vaccinated agmnst rabies as reqmred by th~s sectmn See. 6-14 Registration of eats, dogs, and ferrets reqmred (a) Every owner of a cat, dog, or ferret, which ~s four or more months of age and ~s kept an the city, shall register the ammal w~th thc ammal control center (b) In order to regmter a cat, dog, or ferret, the owner, or lus designee, shall 1 Prowde a rabies vaccination certfficate ~ssued by a hcensed vctennarlan w~thm the last twelve (12) months and that contmns Identifying ~nformatlon regarding the ammal including, but not hm~ted to, breed, sex, and stenhzatmn ~nfonnatmn, 2Present a vahd p~cture ~dentlficat~on card issued to him by a state, and 3 Pay a registration fee as estabhshed by the c~ty council and mmntmned on file ~n the office of the c~ty secretary (c) Upon regastratlon, the animal control center shall execute and furnish to the owner of the cat, dog or ferret as evidence thereof, a certfficate of registration and a tag that contains a serial number to correspond with the registration certfficate Page 10 of 28 number The owner shall place the registration tag on the ammal's collar or harness while the ammal is outside the owner's residence If the tag is lost or des~'oyed, the owner shall obtmn a duplicate upon payment of a fee established by the city enunefl and on file m the office of the city secretary (d) It shall be unlawful for a person to knowingly possess a dog, cat, or ferret that has not been registered as prescribed by this section (e) It shall be unlawful for a person to knowingly use a certificate of registration or tag of any dog, cat, or ferret other than one for which it was issued (f) It shall be unlawful for a person to alter or obliterate any information contained m a certificate of registration or on a reg~stration tag (g) It shall be unlawful for a person who owns or harbors a dog, cat, or ferret to fml or refuse to present proof to an animal control officer, upon request, that such ammal is currently registered as required by flus section (h) The animal control center shall wmve the prescribed registration fees for owners under the following conditions 1 The registration of an ammal trmned to assist the heanng lmpmred, visually lmpmred, or physically impaired, 2 The registration of a dog employed as a police camne by a law enforcement agency, or 3 The registration of a spayed or neutered animal by a resident sixty-five years of age or older The ehglblhty for a waiver of the registration fee does not relieve the owner of Ins responsibility to register a dog, cat, or ferret as prescribed by this section (1) For purposes of tins section, "temporarily" means a period of time not to exceed sixty (60) days This section does not apply to 1 Non-residents of the city who stay wlthln the city limits temporarily, or 2 Residents who may harbor an animal temporarily Sec 6-15 Impounding of cats, dogs, and ferrets. (a) An ammal control officer is authorized to impound any ammal which is mnmng at large wlttun the city or for which impoundment is otherwise anthonzed by this chapter or state law Where an animal is mnmng at large in a public place, the impounding officer may enter upon the public place for the purpose of impoundment or issuance of a citation or both, unless the officer has notice that Page 11 of 28 entry is forbidden In no case, however, shall an animal control officer enter a habitation on private property without the effective consent of the owner, or the order of a magistrate, or as otherwise allowed by state law (b) Any nnpounded animal winch has been seriously injured or is seriously ill may be euthamzed immediately to prevent suffenng, or given to a non-profit humane organization for the purpose of vetennary medical care, as determined by the ammal control officer The animal shelter shall not be responsible for providing vetennary care for any sick or injured ammal (State law reference - Restraint and Impoundment of Dogs and Cats, Vernon's Ann Clv St, Art 4477-6a, 3 08) (c) Any nursing baby animal impounded without the mother or where the mother cannot or refuses to provide nutritious meals may be immediately euthanlzed to prevent suffenng or given to an individual or to a non-profit humane organization for the purpose of canng for said anunal (d) The owner of any animal lmpotmded under the terms of this chapter shall have the right to redeem same, unless otherwise prohibited by this chapter (e) Animals impounded in accordance with this section shall be held at the ammal control center for a minimum of ninety-six (96) hours If the owner does not redeem the animal before the holding period expires, the ammal shall become the property of the animal control center and the animal control center shall dispose of the animal through adoption, transfer to an animal rights organization, or euthanasia Sec 6-16 Protective custody impounds (a) If an animal is impounded as the result of a fire, medical emergency, hospitahzatlon, custody arrest, or other natural or manmade situation that leaves the owner, harborer or person otherwise tn possession of the ammal temporarily incapable of malntalmng control of, or canng for, the animal, an animal control officer may impound the animal and house it at the animal control center (b) The owner, harborer or the person that was in possession of the animal will be notified of the location of the animal, the conditions under wbach the animal may be released, and that the animal will be held for a period of seven (7) days If the owner, or his designee, has not clmmed the animal wltban seven (7) days, the animal becomes the property of the city to be disposed of by the animal control center through adoption, transfer to an animal rights organization, or euthanasia (c) Owners, or their designees, shall fulfill all the requirements for redemption as prescribed by this chapter Page 12 of 28 Sec 6-17. Requirements to redeem a dog, cat, or ferret. (a) To redeem a dog, cat, or ferret impounded under the provisions of fins chapter, the owner, or his designee, shall 1 Prowde a rabies vaccination ce~ficate issued by a licensed vetcnnanan wlfinn the last twelve (12) months and that contains identifying information regarding the ammal including, but not limited to, breed, sex, and stenhzatlon ~nformatlon, 2Present a valid picture identification card ~ssued to lure by a state, 3 Pay impound and holding fees as established by the city council and maintained on file in the office of the city secretary, and 4 If not the owner, present sufficient authorization to take possession of the ammal (b) If the owner, or his designee, cannot, or refuses to, provide proof that the ammal ts currently vaccinated against rabies, the owner, or his designee, shall pay a heensed vetennanan for the adm~mstratlon of the rabies vacmnahon and present a receipt of payment ~ssued by the vetennary chine prior to the release of the animal The animal shall be vaccinated w~finn seven (7) days following the release of the animal (c) If an animal is not registered as reqmred by th~s chapter at the t~me of redemption, the owner, or h~s designee, shall register the ammal prior to the release of the animal If the animal is not currently vaccinated as required by fins chapter, the owner shall present a pre-prod receipt from a hcensed vetennanan for the vaccination and pay the registrat~on fee prior to the release of the animal The registration certificate and tag will be ~ssued upon presentation of the required rabies vacmnat~on certfficate (d) An owner, or his demgnee, who redeems an animal, slx months of age or older, for a second or subsequent impound shall prowde proof that the animal has been spayed or neutered prior to the release of the ammal If the owner cannot provide proof that the animal is spayed or neutered, the owner shall pay a vetennary chmc for the cost of spaying or neutenng the animal and present a receipt of payment to the animal control center prior to release of the animal The animal shall be spayed or neutered within fourteen (14) days after the release of the ammal (e) It shall be unlawful for a person redeeming an ammal under th~s sectmon to 1 Fall to provide proof of rabies vaccination wlfinn ten (10) days of the release of the animal, or 2 Fall to provide proof that the animal was spayed or neutered within fourteen (14) days of the release of the animal Page 13 of 28 Sec. 6-18. Adoption of dogs, cats, and ferrets (a) The ammal control center is authorized to offer for adoption any ~mpounded ammal not redeemed by ~ts owner within nmety-s~x (96) hours or any ammal released by ~ts owner for adoptmn, except where othenv~se specffied Co) Ammal control officers shall be the sole judge as to whether or not an ammal xs statable to offer for adoptmn A decision to offer a particular animal for adoption shall not constitute any warranty, expressed or ~mphed, of the health, temperament, or age of the animal (c) In order to adopt a dog, cat, or ferret, a person shall 1 If not currently vaccinated, pay a vetennary chmc for the adm~mstrat~on of vaccmatmns against rabies and other commumcable d~seases common to the animal's species and present a receipt of payment from the vetennary chine, 2 If not spayed or neutered, pay a vetennary chine for the stenhzatlon surgery and present a receipt of payment from the vetennary chine, 3 If reqmred by this chapter, pay a registration fee as estabhshed by the c~ty council and kept on file ~n the office of the c~ty secretary, and 4 Pay an adoption fee as cstabhshed by the c~ty council and kept on file ~n the office of the c~ty secretary (d) A person who adopts an animal shall prowde certfficatmn from the vetennanan that the animal was vaccinated as prescribed w~thm seven (7) days of the animal's release from the anxmal control center (e) A person who adopts an ammal shall prowde certfficat~on from the vetennanan that the animal was spayed or neutered as prescribed, or was already stcnhzed, wath~n fourteen (14) days of the ammal's release from the ammal control center (f) A person who adopts an animal beheved to bc under four (4) months of age shall prowde certfficat~on from the vetennanan that the ammal ~s of lnsuffiment age to recexve vaecmatmns or be spayed or neutered and provide a date as to when the procedures will be performed The person adopting the animal shall prowde certfficatmn from the vetennanan of the adm~nlstratmn of the vacmnatmns and surgmal stenhzat~on within fourteen (14) days after the procedures are completed (g) The owner, harborer, or person m possession of an anxmal adopted under this section shall ~mmedmtely notify the animal control center if the ammal escapes or becomes or appears to become s~ck or dies before the anxmal has been vaccinated and stenhzed Page 14 of 28 (h) If a person fails to meet the reqmrements of this section, the ammal center authorized to impound the animal It shall be unlawful for any person, who Is violation of this section, to fall or refuse to surrender an animal adopted from the animal control center Sec. 6-19. Transfer of animals to other releasing agencies The custody of cats, dogs, and ferrets eligible to be placed for adoption under tins chapter may be transferred without fee to ammal shelters or humane orgamzatlons so that these orgamzatlons may act as releasing agencies and place the ammals for adoption pursuant to Chapter 828 of the Texas Health and Safety Code Before any animals will be transferred to other releasing agencies, these agencies must meet any admlmstratlve requirements established by the animal control center All responslblhtles required of releasing agencies under Chapter 828 for adoption, immunization and stenhzatlon of impounded animals shall be solely the responsibility of the animal shelters or humane organlzatlons and the City of Denton shall retain none of these responslblhtles upon transfer The transfer of the ammals eligible for adoption to alternate releasing agenmes shall be made w~thout any fee Sec. 6-20. Injunng, capturing or killing animals or birds (a) Except as may be otherwise provided ~n this chapter, it shall be unlawful to intentionally or knowingly interfere with, injure, capture or kill any animal within any public park, driveway, street or other public property of the city except by permission of the city council (b) It shall be unlawful for any person to intentionally kall, injure or admlmster poison to any bird whatsoever within the city hmlts without the perunsslon of the c~ty council (c) Tins section does not apply to harmful rodents, reptiles or insects Sec 6-21. Disposal of dead animals. (a) It shall be unlawful for any person to place, put or leave a dead animal upon a pubhc place, street, alley, right-of-way or public way or in any solid waste container or upon the property of another person without the other person's consent (b) All vetennanans and residents shall be charged a fee established by the city council and on file in the office of the city secretary for each trip by city employees to pick up one (1) or more dead animals (c) All vetennanans and residents bnnglng dead animals to the city's animal control facihty shall be assessed and pay a disposal fee per animal, as estabhshed by the city council and on file in the office of the city secretary Page 15 of 28 (d) It shall be unlawful for any person to place or leave an ammal carcass at the city's ammal control center, except at times when such center is open to the public and a clty employee is available to receive such carcass See. 6-22. Euthanasia and cremation of animals. (a) An owner or resident may bnng an ammal or animals to the ammal control center for euthanasia and shall be assessed and pay for each ammal the fee established by city council and on file m the office of the city secretary (b) An owner or remdent may bnng an animal or ammals to be cremated at the city's ammal control center and shall be assessed and pay for each animal the fee estabhshed by city council and on file m the c~ty secretary's office Sec. 6-23. Reporting animal bites, scratches, or suspected rabies (a) It is the duty of any person hawng knowledge of an animal bite or scratch to a human to provide a detailed report of the incident to the animal control center as soon as possible, but not later than twenty-four (24) hours from the time of the incident (b) It ~s the duty of any person hawng knowledge of a domestic animal that is b~tten or scratched by an animal known to have rabies, or suspected ofhawng rabies, to provide a detailed report of the incident to the ammal control center as soon as possible, but not later than twenty-four (24) hours from the time of the ~nmdent (c) Every vetennanan who chn~cally dmgnoses rabies or any person who suspects rabies m a cat, dog, ferret, or other domestm ammal shall immediately report such fact to the ammal control center, stating precisely where such ammal may be found (d) Every vetennanan hawng an ammal quarantined as the result of an lnmdent involving a bite or a scratch shall submit a written report to the animal control center describing the condition of the animal on the imtml day of observation, the fitth day, and the tenth day of observation (e) The carcass of any dead animal exposed to rabies or suspected of having been rabid shall be surrendered to the ammal control center for dlagnostm purposes Sec. 6-24 Rabies quarantine, confinement and disposition (a) An ammal control officer shall have the authority to order the quarantining of any animal responsible for a b~te or scratch to a human or another domestm animal or Page 16 of 28 any ammal suspected of having, or hawng been exposed to, any zoonotm disease consadered to be a hazard to the human population or other anamals Co) When an ammal ~s daagnosed w~th rabies, ~s under suspmmn of havang rabies, or has batten or scratched a human, the owner must ~mmedaately place the ammal an quarantine at the animal control center or at a hcensed vetennary clinic within the incorporated hmats of the mty for a period of not less than ten (10) days from the t~me of the bite or scratch If the owner fails or refuses to surrender the ammal for quarantane, an animal control officer may obtmn a warrant from a magmtrate to seine and Impound the animal for a period of time as prowded ~n fins section (c) The owner of a dog, cat or ferret subject to quarantine under th~s section may request permission for home quarantine The animal control center may allow a home quarantine prowded that 1 The owner can prowde vahd proof that the ammal subject to quarantine ~s currently vaccmated agmnst rabies, 2 The wct~m of the bate or scratch ~s the owner or a member of the ammed~ate family of the owner, 3 The animal subject to the quarantine was not at-large at the t~me of the bate or scratch, 4 The animal subject to the quarantine has no prior b~tes or scratches on file w~th the animal control center, 5 The owner demonstrates sufficient accommodations to ~solate the ammal subject to quarantine from humans and other animals ~n the residence, 6 The owner can provade sufficient assurance that the ammal will remain msade an enclosed structure for the duration of the quarantine period and may be allowed outside only when restrained on a leash by the owner or other capable adult an the household only for so long as reasonable for the ammal to unnate and defecate, 7 The owner agrees not to remove the animal subject to quarantine from the ancorporated hm~ts of the c~ty dunng the prescribed quarantine period, and 8 The anamal control officer physmally mspects the premises prior to allowing the home quarantme to insure that these conditions can be met and the owner agrees to periodic ~nspect~ons of the animal subject to quarantine including, but not hm~ted to, the ~mt~al day of quarantine, the fifth day and the tenth day of quarantine (d) The violation of the contht~ons of home quarantine by any person shall be just cause for seazure and Impoundment of the quarantined ammal by an animal control officer If the owner refuses to allow the ~mpoundment of the quarantined ammal for the purpose of quarantine, an ammal control officer may obtmn a warrant fi:om a magastrate to seize and ~mpound the animal for a period oft~me as prescribed by this sectaon or state law Page 17 of 28 (e) The owner of an ammal that is bitten by or exposed to an ammal known to have rabaes or suspected of having rabies shall lmmedmtely confine the animal and notify the ammal control center The ammal control center shall 1 If the animal ~s currently vaccinated, order the owner to obtmn immediate revacclnatmn and confine the animal for observatmn for a period of not less than forty-five (45) days, or 2 If the animal ~s not currently vaccinated, order the owner to confine the ammal for a period of not less than mnety (90) days, and 3 Perform an ~mmediate inspection of the ammal and the premises with subsequent inspections periodically dunng the confinement period (f) Any person having possession of or responsibility for any quarantined ammal shall ammedlately notify the ammal control center if such ammal escapes or becomes or appears to become sick or dies In case of death of the ammal under quarantine, the person shall immediately surrender the carcass to the animal control center for diagnost~e purposes (g) It shall be unlawful for any person to remove from any place of confinement any cat, dog, or ferret, which has been quarantined, without the prior approval of the animal control center (h) The owner of an ammal quarantined In accordance with this section or state law shall bear the full cost of the quarantine If the animal ~s quarantined at the anxmal control center, the owner shall pay fees as established by the city council and on file in the office of the city secretary (0 If, upon the expiration of the quarantine penod, no animal control officer or vetennanan has observed sagns of rabies, a release from quarantine shall be issued to the owner If the ammal does not have current rabies vaccination, the animal shall be vaccinated pnor to ~ts release to the owner (J) If the ammal ~s ~mpounded at the ammal control center for quarantine, the owner may redeem the ammal ~n accordance with the prowsmns of th~s chapter If the owner fails to redeem the en~mal on or before the third day following release from quarantine, the ammal shall become the property of the city and the animal control center ~s authonzed to d~spose of the animal through adoptmn, transfer to an ammal nghts orgamzat~on or euthanasia (k) Unauthorized or prolub~ted ammals that bite or scratch a human or another animal or are suspected of hawng rabies shall be humanely destroyed and submitted for d~agnostic testing Page 18 of 28 Sec 6-25. Pigeons. (a) It shall be unlawful for any person who owns a pigeon to intentionally allow the pigeon to stray m the clty Co) It shall be unlawful for any person to knowingly be in possession of more than twenty-five (25) pigeons on any premises within the city (c) It shall be unlawful for any person to knowingly keep the enclosure in wluch such pigeons are confined in such a manner so as to give off odors offensive to persons of ordinary sanslbthtles residing m the weunty or to breed or attract vermin, or to allow such pigeons to cause considerable noise to the annoyance and d~scomfort of surrounding neighbors so that the reasonable use and enjoyment of their property Is disturbed or, m any manner, to endanger the pubhc health or safety or otherwise create a pubhc nuisance Sec. 6-26 Keeping of fowl. (a) It shall be unlawful for any person to keep or harbor any fowl within the corporate hmlts of the city m any pen, shed, coop, enclosed structure, or fenced yard, if any part of such enclosure, structure, or yard Is within 150 feet of any residence, business or commercial estabhshraent or office, school, hospital or nursing home This section shall not apply to pet Inrds kept within residential or commercial structures, nor shall it apply to Inrdhouses for the keeping of migrating or w~ld birds Co) It shall be unlawful for any owner of any fowl to maintain yards, pens, sheds, coops, or other enclosures m winch such fowl are confined in such a manner as to give off odors offensive to persons of ordinary senmblht~es residing in the vlcunty, or to breed or attract files, mosquitoes or other noxious Insects or rodents, or in any manner to endanger the public health, safety or welfare, or to create a public nmsance Sec. 6-27. Livestock; samtary conditions. (a) It shall be unlawful for any person to feed or keep any species of swine m any lot, pen building, stable, or other enclosure In the city, any part of which lot, pen, bmldmg, stable or other enclosure is nearer than one-thousand (1,000) feet to any building Co) It shall be unlawful for any person to keep or harbor any hvestock within the corporate limits of the city m any pen, stable, shed or other enclosure at a distance of less than two-hundred (200) feet from any residence, business, commercial estabhshmant, office, school, hospital or nursing home This does not apply to the hvestoek owner's residence, business, commercial estabhshment or office Page 19 of 28 (c) It shall be unlawful for any person to keep or harbor any lwestock within the corporate limits of the city, where there is less than 10,000 square feet for each head of cattle or horse and 3,000 square feet for all other types of hvestock (d) It shall be unlawful for any owner of any livestock to maintain yards, pens, stables, sheds, or other enclosures m wbach such ammals are confined in such a manner as to give off odors offensive to persons of ordmary sensibilities reslflmg in the Vlclmty, or to breed or attract fileS, mosquitoes or other noxlous insects or rodents, or in any manner to endanger the publae health, safety or welfare, or to create a pubhe nuisance (e) Manure and droppings shall be removed from pens, stables, yards, coops and other enclosures weekly and handled or disposed of in such a manner as to keep the premises free of any nuisance (0 Mound storage of droppings of manure between such removals shall be permitted, only under such conditions as to protect against the breeding of flies, rodents, and to prevent the migration of fly larvae (maggots) into the surrounding soft (g) The feeding of vegetables, meat scraps or garbage to hvestock shall be done only in imperious containers or on an impervious platform (h) Watenng troughs or tanks shall be provided, whmh shall be equapped w~th adequate faelhtles for draining the overflow so as to prevent the breeding of flies, mosquitoes or other insects 0) No putreselble material shall be allowed to accumulate on the premises, and all such material used to feed, which as unconsumed, shall be removed and disposed of by burial or other sanitary means Sec 6-28 Livestock riding or driving. (a) I It shall be unlawful for any person to allow livestock to be driven or ridden upon any public property, provided however, horses may be ridden on the ummproved or unpaved portion of the right-of-way and the Chmf of Police, or his designee, may authorize horses and other hvestock to be ridden or driven on the right-of- way under the authority of a parade (b) It shall be unlawful for any person to allow hvestock to be driven or ridden on any private property, except on the property of the owner of the livestock or by penmsslon of the owner of the property Page 20 of 28 Sec. 6-29. Wild animals. (a) It shall be unlawful to keep or harbor any vald ammal w~thm the c~ty, except at commercial animal estabhshments dcahng ~n the sale or handhng of such ammals and hawng proper zomng for such commercial estabhshments and having proper faclhtles for the restraint and care of such ammals Co) The animal control officer may estabhsh con&tlans under whmh It would be permmmble to keep or harbor wild ammals at locahons other than those hsted In tlus section for a period of time not to exceed thirty (30) days Sec. 6-30. Prohibited animal permit. (a) It shall be unlawful for a person to harbor, own or exhibit a prohibited ammal within the clty Co) It is an exception to the apphcat~on of subsection (a) of th~s section ~fthe owner, harborer, or exhibitor holds a prohtb~ted ammal permit or ~s a governmental entity (c) A permit for the possesmon of a prohibited ammal may be tssued only to a zoo, research lnsmut~on, ln&wdual researcher, pubhc or private primary or secondary school, perfonmng ammal exhibition, rodeo or c~mus, or carnival of which the animal ~s an integral part, ff the animal ~s restrained from inflicting injury upon persons, property or other ammals and adequate pmwsmn is made for the care and protection of the ammal A permit may be ~ssued to an md~wdual researcher only upon the recommendation of a me&cai institution or the &rector of a research Institution (d) The fee for such permit shall be established by the c~ty counc~l and is on file ~n the office of the city secretary The permit shall be ~ssued for one or more ammals of an owner or exhibitor at a s~ngle locat~on The perunt is vahd for a designated period oft~me not to exceed twelve months and may be renewed for the same fee See 6-31. Revocation ofprohthlted animal permit The animal control officer shall revoke a permit to harbor, own or exhibit a prohibited ammal w~tban the e~ty if (a) The permit holder falls to properly restrmn the ammal, or Co) The permit holder falls to generally care for or protect the ammal Page 21 of 28 Sec. 6-32. Prohibited animal permit appeal from denial or revocation (a) If the annual control center refuses to issue or renew a proinblted anamal permit or revokes a permat, he or she shall send to the apphcant or penmt holder by certified mall, return receapt requested, wntten not,ce of Ins actmn and a statement of the nght to appeal (b) The apphcant or permat holder may appeal the decision of the animal control officer to the chief of police by filing wtth the cinef ofpohce a written request for a hoanng, sethng forth the reasons for appeal, watinn ten (10) days after receipt of the nohce from the anamal control center The filing of a request for an appeal heanng wath the ctnef of pohce stays any actaon by the ammal control center to revoke a permat until a final demsaon ~s rendered If a request for an appeal heanng ~s not made waflun the prescribed period, the action of the anamal control center as final (c) The chief of pohce, or has designee, shall serve as heanng officer at an appeal heanng and shall consider evidence offered by any anterested person The formal rules of evidence do not apply at an appeal heanng The hearing officer shall make h~s decas~on on the basas of a preponderance of the evidence presented at the heanng The heanng officer must render a decision w~than flurty (30) days after the request for an appeal heanng is filed The heanng officer shall affirm, reverse or modafy the action of the ammal control officer and his declsmn ~s final ARTICLE II DANGEROUS ANIMALS Sec. 6-33. Purpose and scope. (a) The purpose ofthas article is to protect the health, safety and general welfare of the c~ty by prowdang for the dlsposatlon of ammals determined to be dangerous (b) The admlmstrat~ve procedures of tIns artmle shall apply to any animal required to be restrained an accordance w~th flus chapter winch, while runmng at large or whale restrained an a pubhc place, has Intten or attacked a person or, winle runmng at large, has batten or attacked another ammal and for winch a complaint has been filed an accordance w~th tins artmle Sec. 6-34 Filing the complaint. (a) To anvoke the pmvasaons of flus article, a written complaint shall be filed with the anamal control center wathln two (2) bus~ness days of the date the person or animal was attacked or batten, on a form prowded by the city winch shall gave notate of the penalty for the fihng or s~gnmg of a false complmnt as prowded ~n flus artacle Page 22 of 28 Co) The complaint shall be sagned by the wctam of the bate or attack, or the owner of the ammal attacked or batten, as applicable If the person required to sagn the comploant as a manor or as lncapacatated, the complaint shall be sagned by the person's parent, gnardmn or legal representatave (c) The complaint shall contmn the followang lnformataon 1 The name, address and telephone number of the person attacked or bitten or the owner of the anamal attacked or bitten, 2 The facts and circumstances of the incident, including the date, t~me and location, a description of the ammal complained of, and if known, the name, address and telephone number of the owner of the animal comphuned of, and of any watness, and 3 A statement that the anamal complmned of, while rurmlng at large or while restrained m a public place, made an unprovoked attack on a person or ammal in violataon ofth~s article (d) The comploant shall be accompanied by a written statement from a physlcmn or vetennanan showing that the person or animal attacked or bitten was examined or treated wathm forty-eight (48) hours of the incident and stating the nature and extent of any injuries suffered Sec. 6-35. Making a false complaint. It shall be unlawful for any person to file or sign the written complaint required by this ordinance when the person knows that the complmnt contains false information Sec 6-36 Investigation, determination of probable cause, order of impoundment (a) Upon receipt of a dangerous animal complmnt, the anamal control center shall ammedmtely initiate an mvestigataon to determine if there is probable cause to believe that the animal which is the subject of the complaint is dangerous (b) If the anvestagattng ammal control officer determines that there exasts probable cause to beheve the animal as dangerous, the animal control officer shall request an order of ampoundment be issued by the chtef ofpohce or his designee (c) The order of ampoundment shall include the facts set forth in the complaint, the duty of the owner to ammedaately impound the animal, and notification of the subsequent dangerous ammal heanng Page 23 of 28 (d) Upon receipt of an order of tmpoundment, the owner of the subject ammal shall ~mmedlately impound the animal at the ammal control center or a hcensed vetennary clinic or approved animal kennel witlun thc incorporated limits of the c~ty (e) If the owner of an ammal subject to impoundment refuses or fails to nnmedaately nnpound the ammal as required, an ammal control officer may obtain a warrant from a magistrate, seize the animal, and transport it to the ammal control center (f) The owner or harborer will bear any and all costs for the impoundment reqmred by thlS section (g) Any owner, harborer, or other person having possession of or responslblhty for any animal which ~s subject to an Investigation under this article shall immediately notify the ammal control center if such animal escapes or becomes or appears to become sick or dies In case of death of the animal under investigation, the person shall immediately surrender the carcass to the animal control center for diagnostic purposes (h) It shall be unlawful for any person to refuse or fall to impound an animal subject to this article, or harbor, hide or secret an animal subject to this article, for the purpose of preventing its impoundment 0) It shall be unlawful for any person to transport, or secure the transport, of an animal subject to this article to any location outside the Incorporated hmlts of the city ~f tho person has knowledge that the ammal ~s the subject of an investigation under this article 0) Nothing in this section shall preclude an ammal control officer fi.om immediately impounding an animal that poses an immediate threat to the health and safety of the citizens of the city See 6-37 Determination hearing. (a) The jurisdiction for a dangerous animal determination heanng under this article shall be assigned to the municipal court of the city (b) The owner of an ammal subject to a dangerous ammal determination heanng under this article shall be notified, in writing, of the date, time and location of the heanng within five (5) days after the impoundment of the animal (c) The determlnatlon hearing shall be held within ten (10) days after impoundment of the animal Page 24 of 28 (d) The heanng shall be held before a magistrate of the municipal court of the elty The magistrate shall consider exnflenco provided by any interested party in malang his detenmnation (e) If the magistrate detenmnes that the animal which is the subject of the heanng as a danger to the commumty, the magistrate will issue an order as to the disposition of the ammal and any conditions that may be placed upon the owner for the continued possession of the animal (0 Notlung in this section precludes the owner of an animal which is the subject of the hearing from waiving bas right to a determination hearing If a person waives the right to a heanng, the animal will be assumed to be dangerous and the owner shall immediately authorize the destruction of the ammal If the animal is impounded at the animal control center, the owner shall release the animal to the center for destruction If the animal as impounded at a vetennary clime or an ammal kennel, the owner shall have the animal destroyed by a licensed vetennanan immediately and provide documentation of the destruction to the ammal control center Sec. 6-38. ]Disposition of a dangerous animal (a) If, in accordance with this article, a magistrate determines that an animal is dangerous, the magistrate shall issue an order of disposition for the animal The magistrate may order the destruction of the animal or place special conditions on tho owner for the continued maintenance of the animal (b) If an order of dlsposltaon contains special conditions, such conditions shall include, but not be limited to, a requirement that the owner (1) Register the animal as a dangerous animal with the animal control authority for the area an which the animal is kept, (2) Restrain the ammal at all times in a secure enclosure when the owner or harborer is not present, (3) Display signs of a permanent nature at the property lines located on the front and rear of the property and on the secure enclosure of the animal, and (4) Obtain llablhty insurance coverage or show financial responsibility in an amount of at least $100,000 to cover damages resulting from an attack by the dangerous animal causing bodily injury to a person (c) For the purposes of this section, "secure enclosure" means a locked structure capable of preventmg the entry of any part of the body of a human, including children, and capable of preventing the escape, release, or protrusion of any part of the body of the animal The enclosure shall have secure sides and a floor either Page 25 of 28 attached to the sades or with the sldes embedded no less than twelve inches m a concrete border surrounchng the base of the enclosure The concrete border shall be no less than four roches wade and no closer than slx feet to any property line An enclosure shall be adequately hghted and ventilated and must be mmntmned ~n a clean and samtary condltaon (d) For the purposes of tlus section, "on a leash" means secured on the owner's property by a leash no longer than four feet ~n length, held by a person of sufficaent strength to restram the animal, and muzzled by a muzzlmg devace sufficaent to prevent the ammal from Intmg any person or any other animal (e) For the purposes of thas sectaon, "register" means to (1) Provide the ammal control center w~th the name, address and telephone number of the person owmng or harboring a dangerous animal, (2) Promde the ammal control center w~th the name, general description and two color photographs, one depmtmng a frontal wew and one depmtmg a s~de wew, of the dangerous ammal, (3) Provide the ammal control center with a valid raines vacmnat~on certfficate assued for the dangerous anamal by a licensed vetennanan, (4) Promde a copy of a current hablbty ~nsurance policy as prescribed by subsection Co)(3) ofth~s sectmn, (5) Agree to ~nepectlons by animal control officers of the dangerous animal and the premises on which the dangerous animal ~s kept at any reasonable times to insure comphance w~th the prowsaons of th~s article, and (6) Pay a dangerous animal permat fee as authorized by the city council and on file an the office of the caty secretary (f) For the purpose of tins section, "signs" shall mean a sign, at least eight anches by twelve ~nches, of a permanent nature stating "BEWARE OF DANGEROUS ANIMAL" m red lettenng on a winte background The lettenng shall be no less than two mehes m hexght and made of a reflective material that as ws~ble ~n Iow- hght s]tuatxons or at mght The owner of a dangerous ammal shall renew the registration at least annually and submit payment of fees as anthonzed by the mty council and on file m the office of the c~ty secretary (g) The owner shall ~mmedmtely not~fy the ammal control center of any change ~n status of a dangerous animal, xncludxng relocation, transfer of ownersinp, escape, or death In the event that the dangerous anxmal as moved to another location Wlthm the c~ty, the anamal control center shall ~nspect the new location to insure comphance w~th tins section If ownersinp of the dangerous ammal as transferred to another person, that person shall be subject to all reqmrements of tins section If the dangerous anamal as moved to a locatxon outside the incorporated llmxts of the c~ty, the owner shall reform the animal control center of the new locatxon of the animal The anamal control center shall forward a copy of the magxstrate's Page 26 of 28 order of d]sposltlon to the local animal control authority of the junsdlctlon mto which the animal Is being moved (h) A person commits an offense if he knowingly, ~ntentlonally, or negligently fails to perform any act reqmred by tins section Each day in which a person is in v~olatlon of this section shall constitute a separate offense under tins section An offense under this section shall be punishable by a fine of not less than two- hundred-fifty ($250) dollars (0 Upon notification that a violation of tins section has occurred, an animal control officer shall Immediately impound the animal and the disposition of the ammal shall be determined by a magistrate of the municipal court of the city 0) If an owner of an animal deemed to be dangerous 1s unable to comply with the conditions set forth in tins section, the owner shall have the animal humanely destroyed by a licensed veterinarian or by releasing the animal to the animal control center If the animal ~s destroyed by a licensed vetennanan, the owner shall prowde certification from the vetennanan that such destruction was performed Sec. 6~39. Impoundment; redemption (a) The owner of an animal ~mpounded at the ammal control center under the prowsions of this article and subsequently determined not to be a dangerous animal under the provisions of this artmle may redeem the animal by complying with the provisions of Section 6-17 of this Chapter, including the payment of fees authorized by the city council and on file in the office of the c~ty secretary (b) The owner of an animal ~mpounded under the provisions of th~s article and subsequently determined to be a dangerous animal shall, prior to the release of the animal from any facility, provide proof to the animal control center that he has complied with all conditions continued m the order of determination and pay all fees as authorized by the city council and on file in the office of the city secretary (c) If an animal impounded under tins artmle is determined not to be dangerous, the owner shall be notified that the animal is eligible for redemption and the terms of redemption The owner shall redeem the animal within mnety-slx (96) hours after receiving such notice If the owner fails to redeem the ammal witinn the required period, the animal shall become the property of the city and shall be euthamzed by the animal control center (d) The owner of an animal that is determined to be dangerous under the provisions of this article shall not~fy the animal control center wltinn ninety-six (96) hours of their ~ntent to redeem the animal The owner shall redeem the anmaal within thirty (30) days after notice that the animal is eligible for redemption If the Page 27 of 28 owner fails to redeem the ammal within the required period, the ammal shall become the property of the c~ty and shall be euthamzed by the ammal control center The owner shall pay the c~ty ~mpound and holding fees as authorized by the c~ty council and on file m the office of the c~ty secretary SECTION 2 If any section, subsection, paragraph, sentence, clause, phrase, or word m ttus ordmanco, or apphcataon thereof to any person or cxrcumstances ~s held mvahd by any court of competent jurisdiction, such holding shall not affect the vahd~ty of the remmnmg portions of th~s ordinance, and the C~ty Council of the C~ty of Denton, Texas hereby declares it would have enacted such remaining pomons despite any mvahd~ty SECTION 3 Save and except as amended hereby, all the prowmons, sections, subsections, paragraphs, sentences, clauses, and phrases of the Code of Ordinances shall remmn m full rome and effect SECTION 4 Any person found guilty of wolat~ng th~s ordinance by a court of competent jurisdiction shall be fined a sum not to exceed five hundred dollars SECTION 5 Thss ordinance shall become effective fourteen (14) days from the date of ~ts passage, and the C~ty Secretary ~s hereby d~rected to cause the caption ofttus ordinance to be pubhshed twice ~n the Denton Record-Chromcle, the officml newspaper of the City of Denton, Texas, w~th~n ten (10) days of the date of~ts passage PASSED AND APPROVED thls the /~¢ dayof ff((~_~//~ff~_ff~/ff ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 28 of 28