CHAPTER 1

GENERAL PROVISIONS

   ARTICLE 1.01 CODE OF ORDINANCES*

   Sec. 1.01.001     Adoption

There is hereby adopted the Code of Ordinances of the City of Winnsboro, Texas, as compiled, edited and published by Franklin Legal Publishing, Inc.

   Sec. 1.01.002     Designation and citation of code

The ordinances embraced in this and the following chapters, articles and sections shall constitute and be designated the “Code of Ordinances, City of Winnsboro, Texas,” and may be so cited.

   Sec. 1.01.003     Catchlines of articles, divisions and sections

The catchlines of the several articles, divisions and sections of this code are intended as mere catchwords to indicate the contents of the article, division or section and shall not be deemed or taken to be titles of such articles, divisions and sections, nor as any part of the articles, divisions and sections, nor, unless expressly so provided, shall they be so deemed when any of such articles, divisions and sections, including the catchlines, are amended or reenacted.

   Sec. 1.01.004     Definitions and rules of construction

In the construction of this code and of all ordinances and resolutions passed by the city council, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the city council:

Generally. Words shall be construed in their common and usual significance unless the contrary is clearly indicated.

City and town. Each means the City of Winnsboro, Texas.

City administrator, city secretary, chief of police or other city officers. The words “city administrator,” “city secretary,” “chief of police” or other city officers or departments shall be construed to mean the city administrator, city secretary, chief of police or such other municipal officers or departments, respectively, of the city.

Council. Whenever the words “council” or “this council” or “the council” are used, they shall mean the city council of the City of Winnsboro, Texas.

County. The term “county” or “this county” shall mean the County of Wood, Texas.

Gender. A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships, associations and corporations as well as to males.

May. Is permissive.

Month. The word “month” shall mean a calendar month.

Must and shall. Each is mandatory.

Number. Any word importing the singular number shall include the plural, and any word importing the plural number shall include the singular.

Oath. The word “oath” shall be construed to include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words “swear” and “sworn” shall be equivalent to the words “affirm” and “affirmed.”

Official time standard. Whenever certain hours are named herein they shall mean standard time or daylight saving time as may be in current use in the city.

Owner. The word “owner,” applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety, of the whole or of a part of such building or land.

Person. The word “person” shall extend and be applied to associations, corporations, firms, partnerships and bodies politic and corporate as well as to individuals.

Property. The word “property” means and includes real and personal property.

Real property. The term “real property” means and includes lands, tenements and hereditaments.

Sidewalk. The word “sidewalk” means that portion of a street between the curbline and the adjacent property line intended for the use of pedestrians.

Signature or subscription. The word “signature” or “subscription” shall include a mark when a person cannot write.

State. The words “the state” or “this state” shall be construed to mean the State of Texas.

Street. The word “street” shall have its commonly accepted meaning and shall include highways, sidewalks, alleys, avenues, recessed parking areas and other public rights-of-way including the entire right-of-way.

Tense. Words used in the past or present tense include the future as well as the past and present.

V.T.C.S., V.T.P.C., V.T.C.C.P., V.T.C.A. Refer to the divisions of Vernon's Texas Statutes Annotated.

Written or in writing. The term “written” or “in writing” shall be construed to include any representation of words, letters, or figures, whether by printing or otherwise.

Year. The word “year” shall mean a calendar year.

   Sec. 1.01.005     Severability of parts of code

It is hereby declared to be the intention of the city council that the sections, paragraphs, sentences, clauses and phrases of this code are severable, and if any phrase, clause, sentence, paragraph or section of this code shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this code, since the same would have been enacted by the city council without the incorporation in the code of any such unconstitutional phrase, clause, sentence, paragraph or section.

   Sec. 1.01.006     Repeal of ordinances

The repeal of an ordinance or any portion thereof shall not repeal the repealing clause of an ordinance or revive any ordinance which has been previously repealed.

   Sec. 1.01.007     Amendments or additions to code

All ordinances of a general and permanent nature, and amendments to such ordinances, hereafter enacted or presented to the city council for enactment, shall be drafted, so far as possible, as specific amendments of, or additions to, the Code of Ordinances. Amendments to this code shall be made by reference to the chapter and section of the code which is to be amended, and additions shall bear an appropriate designation of chapter, article and section; provided, however, the failure to do so shall in no way affect the validity or enforceability of such ordinances.

   Sec. 1.01.008     Supplementation of code

(a)     By contract or by city personnel, supplements to this code shall be prepared and printed whenever authorized or directed by the city council. A supplement to the code shall include all substantive permanent and general parts of ordinances passed by the city council during the period covered by the supplement and all changes made thereby in the code. The pages of a supplement shall be so numbered that they will fit properly into the code and will, where necessary, replace pages which have become obsolete or partially obsolete, and the new pages shall be so prepared that, when they have been inserted, the code will be current through the date of the adoption of the latest ordinance included in the supplement.

(b)     In preparing a supplement to this code, all portions of the code which have been repealed shall be excluded from the code by omission thereof from reprinted pages.

(c)     When preparing a supplement to this code, the codifier (meaning the person, agency or organization authorized to prepare the supplement) may make formal, nonsubstantive changes in ordinances and parts of ordinances included in the supplement, insofar as it is necessary to do so to embody them into a unified code. For example, the codifier may:

(1)     Organize the ordinance material into appropriate subdivisions;

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

(3)     Assign appropriate numbers to articles, sections and other subdivisions to be inserted in the code and, where necessary to accommodate new material, change existing article or section or other subdivision numbers;

(4)     Change the words “this ordinance” or words of the same meaning to “this chapter,” “this article,” “this section,” “this subsection,” etc., as the case may be; and

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

   Sec. 1.01.009     General penalty for violations of code; continuing violations

Whenever in this code or in any ordinance of the city an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or whenever in such code or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, and no specific penalty is provided therefor, the violation of any such provision of this code or any such ordinance shall be punished by a fine of not exceeding five hundred dollars ($500.00). However, a fine or penalty for the violation of a rule, ordinance or police regulation that governs fire safety, zoning or public health and sanitation including the dumping of refuse may not exceed two thousand dollars ($2,000.00); provided, however, that no penalty shall be greater or less than the penalty provided for the same or a similar offense under the laws of the state. Each day any violation of this code or of any ordinance shall continue shall constitute a separate offense. In the event that any such violation is designated as a nuisance under the provisions of this code, such nuisance may be summarily abated by the city. In addition to the penalty prescribed above, the city may pursue other remedies such as abatement of nuisances, injunctive relief and revocation of licenses or permits.

(Ordinance adopting Code)

   ARTICLE 1.02 OFFICIAL NEWSPAPER*

(a)     The designation of the official newspaper of the city shall be The Winnsboro News as its official newspaper.

(b)     This designation shall be in effect so long as the above-named newspaper is in existence and operating within the city, is the only newspaper within the city, or until revoked by subsequent ordinance.

(Ordinance 783-2003 adopted 10/10/03)

   ARTICLE 1.03 ABANDONED, STOLEN OR RECOVERED PROPERTY

   Sec. 1.03.001     Authority to sell

All abandoned, stolen or recovered property of every kind, except motor vehicles, which shall remain unclaimed with the police department for a period of thirty (30) days without being claimed or reclaimed by the owners, whether known or not, may be sold and disposed of at public auction, as provided in this article. (1997 Code, sec. 1.201)

   Sec. 1.03.002     Delivery to business manager and/or mayor

The chief of police shall give to the purchasing agent of the city a list of all property subject to sale hereunder and shall thereafter deliver such property, except motor vehicles, to the business manager before the date of sale and take a receipt from such business manager showing in detail all property so delivered. (1997 Code, sec. 1.203; Ordinance adopting Code)

   Sec. 1.03.003     Notice; manner of sale

(a)     Ninety (90) days' notice of the time and place of sale of all property, except motor vehicles, and a descriptive list of the property to be offered for sale shall be posted at the door of the courthouse of the county and at any regular entrance to the city hall and a copy thereof sent by registered mail to the last known address of the owner, in the event the name of the owner is known to the purchasing agent. Thereafter, such property shall be offered for sale at public auction to the highest bidder for each piece of property or assembled in lots, whichever, in the discretion of the purchasing agent, shall offer the best price obtainable for such property.

(b)     The sale of any property with a fair market value of five hundred dollars ($500.00) or more shall be preceded by a notice published once at least fourteen (14) days prior to the date of such sale in the official newspaper, stating the general description of the property, the name of the owner, if known, and the date and place that such sale will occur.

(1997 Code, sec. 1.204; Ordinance adopting Code)

   Sec. 1.03.004     Time of sales; all sales for cash

The public auction provided for in the preceding section shall be conducted at the place and hour designated in the notice. All sales shall be for cash. (1997 Code, sec. 1.205)

   Sec. 1.03.005     Reports by business manager; delivery of proceeds to city auditor

The business manager and/or mayor shall conduct such public auction, and he shall keep an accurate statement of each article sold and the price bid and paid therefor and shall make a complete report in writing to the city auditor of the time, place and manner of conducting such sale. All funds received on account of such auction shall be delivered to the city auditor who shall give his receipt therefor. (1997 Code, sec. 1.206; Ordinance adopting Code)

   Sec. 1.03.006     Proceeds to be credited to general fund

(a)     The city auditor shall place all funds received by him under and by virtue of this article to the credit of the general fund, to be thereafter disbursed as the city council shall order.

(b)     The real owner of any property disposed of shall have a right to file a claim to the proceeds with the city council not later than the thirtieth (30th) day after the date of disposition, as provided by state law.

(1997 Code, sec. 1.207)

   Sec. 1.03.007     Disposal of surplus or obsolete personal property

(a)     Any personal property owned by the city which is worn out, scrap or obsolete, which has been declared surplus by the city council or which has been condemned as useless by the director of a department and is not needed for public use, shall be disposed of by the city business manager, by public auction, in the same manner as unclaimed property, or by advertising sealed bids.

(b)     If the city business manager and/or mayor determines that the personal property shall be disposed of by advertising for sealed bids, he shall advertise for sealed bids for a period of at least seven (7) days or more, at the discretion of the business manager and/or mayor. If the highest bid for such property is less than two thousand dollars ($2,000.00), the property may be sold to the highest bidder by the business manager and/or mayor, subject to the approval of the city council. If the highest bid for the surplus or obsolete personal property to be disposed of is two thousand dollars ($2,000.00) or more, then the sale to the highest bidder shall be confirmed by city council resolution.

(1997 Code, sec. 1.208)

   Sec. 1.03.008     Variances

In unusual circumstances, in the sale of surplus real or personal property, the terms and provisions of this article may be varied by resolution of the city council. (1997 Code, sec. 1.210)

   Sec. 1.03.009     Purchases by city officers and employees

It shall be unlawful for any officer or employee of the city, either directly or indirectly, to submit bids or to purchase at any sale any personal property sold pursuant to the provisions of this article or to submit sealed bids or acquire ownership of any real property sold by sealed bids or otherwise pursuant to the provisions of this article. (1997 Code, sec. 1.211)

   Sec. 1.03.010     Penalty for violation

Any person violating any of the provisions of this article shall be deemed guilty of a misdemeanor. In addition to the penalties otherwise provided, any officer or employee of the city violating any provision of this article shall forfeit his office or employment. (1997 Code, sec. 1.212)

   Sec. 1.03.011     Leaving property unattended in public place

No person shall leave standing in any public street, alley, park or other public place any private vehicle, automobile, wagon or other character of private property unattended for a longer continuous period of time than twenty-four (24) hours. (1997 Code, sec. 1.213)

   ARTICLE 1.04 CLAIMS AGAINST THE CITY*

(a)     The city shall not be liable to any person for injuries suffered to his person or the person of another unless the injured person, or someone on his behalf, shall, within thirty (30) days from the date the injury was received, give notice in writing to the city secretary of the following facts:

(1)     The date and time when the injury occurred and the place where the injured person was at the time the injury was received;

(2)     The nature and extent of the injury together with a specific and detailed statement of how and under what circumstances the injury occurred;

(3)     The names of all the persons who, according to the knowledge or information of the injured person, witnessed the happening of the injury or any part thereof and the name of the doctor, if any, to whose care the injured person is committed.

The city shall not be liable for damages for wrongful death unless the person, or one of the persons, entitled to recover such damages shall, within thirty (30) days from the date of the injury or accident causing such death, give notice to the city secretary substantially as required by this article in personal injury cases or unless the person who was injured and died as a result thereof, or someone for him, has given the notice required by this article.

(b)     The written notice and statement required under subsection (a) shall be sworn to by the person claiming damages or by someone authorized by him to do so on his behalf.

(c)     The notice provisions required herein shall not be applicable in cases in which the plaintiff can demonstrate good cause, actual notice by the city, or civil rights violations.

(1997 Code, art. 1.300)

   ARTICLE 1.05 CITY COUNCIL

   Sec. 1.05.001     Meetings

The monthly regular city council meetings of the city are to be set for the second Tuesday evening of each month at five thirty o'clock (5:30) p.m. (Ordinance 893-2013 adopted 6/11/13)

State law referencesMeetings of governing body, V.T.C.A., Local Government Code, sec. 22.038; quorum requirements, V.T.C.A., Local Government Code, sec. 22.039; open meetings, V.T.C.A., Government Code, ch. 551.

   Sec. 1.05.002     Control of finances and property; proof by plaintiff of application for redress

The city council shall have the management and control of the finances and property, real, personal and mixed, belonging to the city; provided that no suit of any nature, with the exception of suits for personal injuries or wrongful death which are administered by other provisions of this code, shall be instituted or maintained against the city unless the plaintiff therein shall aver and prove that, prior to the filing of his original petition, he applied to the city council for redress, satisfaction, compensation or relief, as the case may be, and that the same was by the city council refused. (1997 Code, art. 1.500)

   ARTICLE 1.06 MUNICIPAL AIRPORT*

   Division 1. Generally

   Sec. 1.06.001     Parking of aircraft

(a)     It shall be unlawful for any person to leave unattended, or to park unattended, any type of aircraft for any period of time, within a radius of one hundred (100) feet of the gas pump refueling area. All aircraft will be removed from the designated refueling or topping off fueling area within thirty (30) minutes of the completion of all fuel service requirements.

(b)     Any person convicted for the violation of this section shall be punished by a fine in accordance with the general penalty provision found in section 1.01.009 of this code.

(1997 Code, sec. 7.104)

   Sec. 1.06.002     Official name

The official name of the municipal airport shall be “Winnsboro Municipal/Frank M. White Memorial Airport.” (Ordinance 955-2016 adopted 3/8/16)

   Secs. 1.06.003–1.06.030     Reserved

   Division 2. Airport Board

   Sec. 1.06.031     Created

There is hereby created in and for the city and for the surrounding community the Winnsboro Airport Board, hereinafter referred to as “airport board.” (1997 Code, sec. 8.1101)

   Sec. 1.06.032     Composition, appointment, and compensation

The membership of the airport board shall be composed of five (5) members.

   Sec. 1.06.033     Term of office

Each member of the airport board shall serve for a period of two (2) years. Members of the airport board shall be appointed by the city council. Members may be reappointed by city council for two (2) consecutive terms, after which they are required to cycle off the board for a minimum of one year. The city secretary shall maintain a record of the membership of the board and the term of office of each member with expiration date of membership.

(Ordinance 1004-2019 adopted 4/9/19)

   Sec. 1.06.034     Removal of members

The city council may remove from office any member of the airport board should this action be deemed by the city council to be in the best interest of the city and surrounding community. Such decision may be reached without justification or cause and shall be final and not subject to review. Any affected board member shall be given written notice from the city secretary of the city council's decision to remove. (1997 Code, sec. 8.1104)

   Sec. 1.06.035     Vacancies

Should a vacancy occur in the membership of the airport board, the city council shall appoint a successor for the unexpired term. (1997 Code, sec. 8.1105)

   Sec. 1.06.036     Officers

The airport board shall be organized by electing a chairman. In addition, the board shall select a vice-chairman to conduct the meetings during the absence of the chairman.

   Sec. 1.06.037     Meetings

The city administrator, mayor, or a majority of city council may call meetings as deemed necessary and appropriate for the effective operations of the airport. All meetings of the board are subject to the Texas Open Meetings Act. Items may be placed on the agenda by the city administrator, mayor, a majority of the city council or the chairman of the airport board.

(Ordinance 1004-2019 adopted 4/9/19)

   Sec. 1.06.038     Functions

The airport board shall advise the city council on strategic planning, operations, improvements, and safety for the municipal airport. (1997 Code, sec. 8.1108)

   Sec. 1.06.039     Limitations

The airport board shall not have any authority to make contracts or create any legal obligation or liability for the city. (1997 Code, sec. 8.1109)

   Sec. 1.06.040     Staff and support

The city administrator or his/her designee shall act as the staff liaison to the airport board. The staff of the city administrator shall be responsible for providing clerical assistance to the board. The city administrator shall ensure that each recommendation made by the airport board is placed upon the agenda of the city council. (Ordinance 1004-2019 adopted 4/9/19)

   Sec. 1.06.041     Annual budget

The city administrator or his/her designee shall provide the airport board with a proposed budget during the annual budget process. The board shall then review the proposal and forward any recommendations concerning the budget that the board may deem appropriate for consideration by the city council for inclusion in the final adopted annual budget. The city council shall make the final decision on annual budget appropriations in the best interest of the city. No program to solicit contributions or to raise funds for the municipal airport shall be undertaken without prior consent of the city council. (1997 Code, sec. 8.1111)

   Secs. 1.06.042–1.06.070     Reserved

   Division 3. Rules and Regulations

   Sec. 1.06.071     Use of airport restricted

No person, firm, association, corporation or entity, incorporated or otherwise, shall use the airport for any commercial activity, unless approved by a written permit form the city council or its duly authorized agent. (1997 Code, sec. 1.901)

   Sec. 1.06.072     General rules and regulations

The following rules and regulations shall pertain and be observed in the use, operation and conduct of the municipal airport:

(1)     The federal air traffic rules promulgated by the Federal Aviation Administration for observance by aircraft operated anywhere in the United States, and presently or hereafter effective, are hereby referred to, adopted and made a part hereof as though fully set forth and incorporated herein.

(2)     Safeguard of persons and property. The city administrator shall at all times have authority to take such action as may be necessary to safeguard any person, aircraft, equipment or property at the airport.

(3)     Hangars owned by city. T-hangars or conventional hangars owned by the city may be rented to private individuals, companies or corporations on a monthly or yearly basis for the storage of aircraft and ancillary aircraft equipment only. Single unit T-hangars shall be rented at a rate as provided for in the fee schedule. Space for a single aircraft in a large conventional hangar shall be rented at a rate as provided for in the fee schedule . Hangar rent shall be paid by the 10th day of the month, the first month's rent paid in advance.

(4)     Lease of airport property to private individuals, companies or corporations. The city may lease property within the building area or other portions of the airport for the private construction of hangars, buildings/lean-tos, aprons, taxiways, and auto parking lots in accordance with the approved airport layout plan. All leased property and all buildings or structures erected on the leased property shall be utilized for aviation-related activity. Storage of nonaviation equipment, such as automobiles, boats, or farm equipment in a private hangar or conducting of nonaviation business in any structure is discouraged and must be incidental to the lessee's aeronautical activity.

(5)     Commercial operating fees. If any commercial operations need to be addressed, fees shall be negotiated with the city council.

(6)     Lien for charges. To enforce the payment of any charge made for repairs, improvements, storage or care of any personal property, made or furnished by the city municipal airport, the city shall have a lien upon such personal property, which shall be enforceable as provided by law.

(7)     Lien possessory right. To enforce the payment of any such charge, the city administrator may retain possession of such personal property until all reasonable, customary and usual compensation shall have been paid in full.

(8)     Unauthorized signs. No signs or equipment or portable buildings and house trailers may be erected, moved in or installed on the airport property except as may be specifically authorized by the city administrator.

(9)     Surreptitious activities. Any person observing suspicious, unauthorized or criminal activities shall report such activities immediately to the city administrator, police, or officers of the state department of public safety or other peace officer.

(10)     Wrecked aircraft. Every aircraft owner, his pilot and agents shall be responsible for notifying FAA and for the prompt removal from the operational areas of the airport, under the direction of the city administrator, of disabled or wrecked aircraft.

(11)     Repairs to aircraft. No aircraft shall be repaired on any part of the landing or takeoff area, and all outside repairs shall be made at the places designated by the city administrator for such purpose.

(12)     Agricultural operations. Agricultural spraying operations shall be conducted in accordance with procedures approved by the city administrator and made known to all persons conducting agricultural spraying operations. Said operations shall be conducted only on the designated airport areas, and shall not include reckless flying or careless chemical handling. Chemicals used in agricultural flying operations shall be dispersed, maintained, stored, the dispensing area cleaned and empty chemical containers promptly disposed of or stored in accordance with the standards set by the Environmental Protection Agency (EPA), state department of water resources, state department of agriculture, department of state health services and the city administrator. Washing of agricultural aircraft and flushing of AG aircraft spray tanks shall be accomplished in accordance with the standards set by the EPA, state department of water resources and department of state health services in an area so designated by the city administrator.

     NOTE: Because of the hazard of such operation, the city council may require each agricultural spray operator to post a bond in an amount to be assessed by the city council.

(13)     Damage to airport. Any person, corporate or individual, and the owner of any aircraft causing damage of any kind to said airport, whether through violation of any of these rules or through vandalism or any act of negligence, shall be liable therefor in and to said city.

(14)     Injury to person. No person shall enter airport ground either on foot or by motor vehicle without permission from the city administrator, and any person so entering upon airport property does so at his own risk and with no liability to the city or the airport board for any injury or damage to person or property. The term “airport grounds” as used in this rule shall not include carriage of passengers to and from the airport terminal, nor persons using the airport passenger terminal in the normal course of business. A sign shall be placed prohibiting all vehicles other than authorized vehicles.

(15)     Licensed pilots. Only properly registered aircraft and persons holding a current airman's license issued by the FAA shall operate upon or over said municipal airport without written permission. It is provided that this limitation shall not apply to students in training under licensed instructors nor to public aircraft of the federal government or of a state, territory or political subdivision thereof, or to aircraft licensed by a foreign government with which the United States has reciprocal agreement covering the operation of such licensed aircraft.

     NOTE: Persons operating ultralight aircraft shall conform to FAR 103. Permission to use the airport, if granted, shall be contingent upon operating procedures coordinated with and acceptable to the regular users of the airport operating licensed aircraft and any other traffic pattern rules set by the airport authority.

(16)     Registration. Every person stationed, employed, receiving instructions or operating upon said municipal airport shall register at the office of the city administrator and shall give his name, address, telephone number and the nature of his business or occupation. Identification numbers of all aircraft hangared at the municipal airport shall be registered at the office of the city administrator.

(17)     Use of another's property. Unless authorized by the owner in writing, the use of any aircraft, parts, equipment, accessories or tools of another situated on said airport is forbidden.

(18)     Glass. No bottles or glass shall be left or broken upon the floor of any building or upon any part of the surface area of the airport.

(1997 Code, sec. 1.902; Ordinance adopting Code)

   Sec. 1.06.073     Ground operations

(a)     Air and ground traffic; vehicular traffic. All vehicular traffic shall be confined to the roads, streets, avenues and alleys provided on the grounds for that purpose and shall not be operated at a speed in excess of twenty (20) miles per hour.

(b)     Fueling of aircraft.

(1)     Aircraft shall not be fueled while the engine is running or while in a hangar or other enclosed place.

(2)     All aircraft shall be positively grounded when being serviced with fuel. Aircraft being serviced by a fuel truck shall be bonded to the fuel truck to equalize static charges.

(3)     All aircraft shall be fueled at the fuel pump, or if by truck on the ramp clear of hangars.

(4)     Aircraft fuel trucks shall be equipped, operated and maintained in accordance with National Fire Protection Association, Inc., NFPA manual 407 “Aircraft Fuel Servicing, 1990.”

(5)     Persons or aviation businesses wishing to supply and dispense aviation fuel for their private use must first obtain permission from the city. Private fueling facilities must be located on leased property and the fueling system installed and fuel dispensed in accordance with aircraft fueling rules and directives.

(6)     Public sale of automobile gas for the use in aircraft shall not be permitted on the airport without proper approval. Aircraft authorized by the FAA to use auto gas may be privately fueled by its owner only by receiving approval from the city administrator.

(7)     Aviation or auto fuels shall not be stored within a hangar.

(1997 Code, sec. 1.903)

(8)     Public sale of automobile gas for the use in aircraft shall be permitted on the airport to aircraft authorized for this type of fuel. (Ordinance 824-2007 adopted 2/13/08)

(c)     Tie-down of aircraft.

(1)     All aircraft not hangared shall be tied down or secured at night and during inclement weather.

(2)     The aircraft owner or his agent shall be responsible for the tie-down or security of his aircraft at all times and particularly during inclement weather.

(3)     Aircraft based on the airport and tied down on the paved apron shall pay a fee as provided for in the fee schedule. The minimum fee for storage on a paved tiedown shall be one month's rate. Aircraft based on the airport and tied down in an unpaved area shall pay a fee as provided for in the fee schedule. The minimum fee for storage on an unpaved tiedown shall be one month's rate.

(d)     Running aircraft engines.

(1)     If not equipment with adequate brakes, the engine shall not be started in an aircraft until and unless the wheels have been set with blocks attached to ropes or other suitable means for removing them.

(2)     No airplane shall be propped, started or left running without qualified personnel at the controls.

(3)     No engine shall be started or run inside any building.

(4)     No engine shall be started, run or warmed up until and unless the aircraft is in such position that the propeller stream or jet blast shall clear all buildings and groups of people in the observation areas and path of the aircraft.

(e)     Damage to runway lights. A person damaging any field light or fixture by operation of an aircraft or otherwise shall immediately report such damage to the city administrator. Persons causing damage to runway and/or taxiway lights, as a result of negligent operation of an aircraft or willful acts, shall be liable for replacement cost of the light(s).

(f)     Taxiing aircraft.

(1)     No person shall taxi an aircraft until he has ascertained there is no danger of collision with any person or object in the immediate area.

(2)     Aircraft shall be taxied at a safe and prudent speed, and in such manner as to be at all times under the control of the pilot.

(3)     Aircraft not equipped with adequate brakes shall not be taxied near buildings or parked aircraft unless an attendant is at a wing of the aircraft to assist the pilot

(4)     Aircraft shall not taxi onto the runway from the ramp and taxiway area if there is an aircraft approaching to land or on the ground in takeoff position.

(g)     Parking aircraft.

(1)     Aircraft shall not be parked within fifty (50) feet of an aircraft fuel pump or other fixed or moveable object.

(2)     Aircraft shall not be parked in such a manner as to hinder the normal movement of other aircraft and traffic unless specifically authorized by the city administrator as an emergency measure.

(3)     The pilot shall be responsible when leaving a parked aircraft unattended to see that the brakes are set or that the plane is properly blocked and/or tied down.

(h)     Loading/unloading aircraft. Pilots are prohibited from loading or unloading aircraft with the engine running.

(1997 Code, sec. 1.903)

   Sec. 1.06.074     Landing and takeoff rules

(a)     Authority to suspend operations. The city administrator may suspend or restrict any or all operations, without regard to the weather conditions, whenever such action is deemed necessary in the interest of safety.

(b)     Active runway. The active runway shall be determined at the pilot's discretion.

(c)     Clearing street. No aircraft shall land or take off in such manner as to clear any public street or highway at an altitude of less than 15' or 17' over an interstate highway or 23' over a railroad track, nor land or take off on the taxiway or over hangars or other structures, automobile parking areas or groups of spectators.

(d)     UNICOM. All pilots are encouraged to call on the local UNICOM frequency to determine the active runway and to announce their position and intentions for takeoff and landing. Pilots of radio-equipped aircraft taking off or landing at the airport that do not have a local UNICOM radio should report their traffic intentions on the appropriate UNICOM frequency (122.8 kHz).

(e)     Takeoffs on apron, etc. No takeoffs or landing shall be made on the apron, parking ramp or taxiway except by special permission of the city administrator.

(f)     Takeoffs allowed. Touch and go landings may be made at the discretion of the pilot. All aircraft shall clear for incoming and takeoff traffic before taxiing into takeoff position.

(g)     Takeoff climb. On takeoff all aircraft shall climb straight out to a level of four hundred (400) feet, clear the airport boundary and execute a ninety degree turn to the left/right. To leave traffic, the aircraft shall climb to five hundred (500) feet before executing a forty-five degree climbing turn to the right out of traffic.

(h)     Traffic altitude. Traffic pattern elevation is eight hundred (800) feet (suggested altitude) above ground level (AGL).

(i)     Common courtesy. Aircraft entering the traffic pattern shall exercise caution and practice courtesy so as not to cause aircraft already in the pattern to deviate from their course.

(j)     Aircraft turn. Any aircraft within three (3) miles of the airport at an altitude of less than one thousand five hundred (1,500) feet above the ground shall conform to the flow of traffic. All aircraft shall establish their pattern altitude before entering the traffic pattern and shall not deviate from this altitude (except in an emergency) until descent for landing is necessary.

(k)     Traffic flow. All aircraft landing at the municipal airport shall fly a standard left/right hand traffic pattern (or as displayed on the segmented circle) at an altitude of eight hundred (800) feet above the ground. Pattern entry shall be made at an angle of forty-five (45) degrees to the active runway with the runway to the pilot's left/right at all times. Entry shall be made at the midpoint of either the upwind or downwind leg.

(l)     Altitude and noise of engines. All aircraft shall be operated under the federal aviation regulations.

(m)     Straight-in approaches. Straight-in approaches shall be approved as long as radio transmissions are made on the appropriate airport frequency.

(n)     Student training and practice flying.

(1)     Instructors in flying shall inform students and shall inform themselves on all rules and regulations in effect at the municipal airport.

(2)     By notices posted at the airport, the city administrator may designate limited areas of the airport and local areas for practice flying and training of students.

(3)     Aircraft shall not be permitted to remain on the landing or takeoff areas for the purpose of instructing students.

(o)     Special procedures. The city administrator may, in the interest of safety, designate special traffic procedures for certain operations, such as air shows, agricultural operations, lighter-than-air operations, ultralights, etc.

(1997 Code, sec. 1.904)

   Sec. 1.06.075     Fire regulations

(a)     Every person entering or using the municipal airport or its facilities in any manner shall exercise the greatest care and caution to avoid and prevent fire.

(b)     Smoking or open flame within fifty (50) feet of any aircraft or fuel truck is prohibited.

(c)     Compressed gas shall not be kept or stored upon the airport, except at such place as may be designated by the city administrator.

(d)     No one shall smoke, ignite a match or lighter in any building, except in offices, waiting rooms or buildings where specially permitted by the city administrator.

(e)     Hangar entrances shall be kept clear at all times.

(f)     The floors in all buildings shall be kept clean and free from oil. Volatile, flammable substances shall not be used for cleaning the floors.

(g)     No boxes, crates, cans, bottles, paper, tall grass/weeds or other litter shall be permitted to accumulate in or about a hangar.

(h)     Prior to being fueled all aircraft shall be positively grounded by a grounding cable which is connected to a copper, copper clad, galvanized or other approved ground rod 5/8" or greater in diameter buried to a sufficient depth to reach permanent subsoil moisture. The resistance of the ground rod should not exceed 10,000 ohms. The bonding/grounding cable shall be of flexible, durable material. The grounding clip on the end of the grounding cable should be connected to bare unpainted metal on the aircraft; however, the grounding clip should not be attached to the aircraft propeller, landing gear or radio antennas.

(i)     Where aircraft fueling is performed by a fuel truck, the aircraft and the truck shall be bonded.

(j)     At least two 20B portable fire extinguishers shall be available within 50' of the fuel pumps where the open hose discharge capacity of the fuel pump is not more than 200 gallons per minute; at least one wheeled 80B fire extinguisher where the open hose discharge capacity is greater than 350 gallons per minute.

(k)     All aviation fuel nozzles shall have “dead man” controls which shall shut off the fuel flow when the nozzle hand control is released. Automatic fuel cut-off nozzles shall not be permitted for fueling aircraft. A sign shall be placed on the pump indicating nonautomatic shutoff nozzle.

(l)     The pilot and passengers shall exit the aircraft, and the aircraft shall be unoccupied during fueling operations.

(m)     In all matters related to aircraft fueling safety, the provisions of NFPA Manual 407 “Aircraft Fuel Servicing, 1990” published and available from the National Fire Protection Association, Inc., Batterymarch Park, Quincy, Massachusetts, shall prevail.

(1997 Code, sec. 1.905)

   Sec. 1.06.076     Knowledge of rules implied

By publication of this division as required by law, all persons shall be deemed to have knowledge of its contents. However, the city administrator is directed to have copies of this division printed and posted where appropriate. Copies shall be available at all times in the city administrator's office, and copies shall be furnished to owners and operators of aircraft based at the municipal airport. (1997 Code, sec. 1.906)

   Sec. 1.06.077     Conflict in rules

If and where there is a conflict in these and the Federal Aviation Rules (FAR), the latter shall prevail. (1997 Code, sec. 1.907)

   Sec. 1.06.078     Penalty for violation

(a)     Any person operating or handling an aircraft in violation of any of these rules or refusing to comply therewith may be given a verbal warning for the first offense or may, at once, be ejected from the municipal airport or may, for any period of time, not exceeding fifteen (15) days, be denied use of the municipal airport by the city administrator and, upon hearing by the city council, may be deprived of the further use of the municipal airport and its facilities for such period of time as may appear necessary for the protection of life and property.

(b)     Any violation of this division shall be a misdemeanor, punishable by fine in accordance with the general penalty provision found in section 1.01.009 of this code. This section is cumulative of all other penalties for violation of federal, state and local laws, rules, regulations and ordinances.

(1997 Code, sec. 1.908)

   Secs. 1.06.079–1.06.110     Reserved

   Division 4. Hangars and Tie-Downs

   Sec. 1.06.111     Written agreement

(a)     It is unlawful to use the hangars or tie-down facilities of the municipal airport without the prior execution of a currently valid written agreement with the city. Violation of this provision shall subject the violator to a fine in accordance with the general penalty provision found in section 1.01.009 of this code.

(b)     It is not unlawful for transient aircraft to use tie-down facilities, nor is it necessary to execute a written agreement with the city.

(c)     Municipal airport hangar and tie-down fees are as provided for in sections 1.06.111 and 1.06.112 in the fee schedule.

(1997 Code, sec. 1.1001)

   Sec. 1.06.112     Permit

(a)      It is unlawful for anyone to bring aircraft onto the municipal airport from adjacent private property. Such access to the municipal airport is not unlawful if it is pursuant to a currently valid written permit, executed by the city and applicable to the aircraft in question. Violation of this provision shall subject the violator to a fine in accordance with the general penalty provision found in section 1.01.009 of this code.

(b)     Municipal airport access fee. An access fee shall be charged via a written ingress/egress agreement to each through-the-fence operator (aircraft operator entering the airport from land adjacent to, but not a part of, the municipal airport) as provided for in section 1.06.112 in the fee schedule.

(1997 Code, sec. 1.1002; Ordinance adopting Code)

   ARTICLE 1.07 EMERGENCY MANAGEMENT*

   Division 1. Generally

   Sec. 1.07.001     Organization

(a)     There exists the office of emergency management director of the city, which shall be held by the mayor in accordance with state law.

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

(c)     The director shall be responsible for a program of comprehensive emergency management within the city and for carrying out the duties and responsibilities set forth in this article. He/she may delegate authority for execution of these duties to the coordinator, but ultimate responsibility for such execution shall remain with the director.

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

(1997 Code, sec. 1.1101)

   Sec. 1.07.002     Director's powers and duties

The duties and responsibilities of the emergency management director shall include the following:

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

(2)     Supervision of the development and approval of an emergency management plan for the city, and shall recommend for adoption by the city council all mutual aid arrangements deemed necessary for the implementation of such plan.

(3)     Authority to declare a local state of disaster. The declaration may not be continued or renewed for a period in excess of seven (7) days except by or with the consent of the city council. Any order or proclamation declaring, continuing, or terminating a local state of disaster shall be given prompt and general publicity and shall be filed promptly with the city secretary.

(4)     Issuance of necessary proclamations, regulations, or directives which are necessary for carrying out the purposes of this article. Such proclamations, regulations, or directives shall be disseminated promptly by means calculated to bring their contents to the attention of the general public and, unless circumstances attendant on the disaster prevent or impede, promptly filed with the city secretary.

(5)     Direction and control of the operations of the city emergency management organization as well as the training of emergency management personnel.

(6)     Determination of all questions of authority and responsibility that may arise within the emergency management organization of the city.

(7)     Maintenance of liaison with other municipal, county, district, state, regional or federal emergency management organizations.

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

(9)     Supervision of the drafting and execution of mutual aid agreements, in cooperation with the representatives of the state and of other local political subdivisions of the state, and the drafting and execution, if deemed desirable, of an agreement with the county in which said city is located and with other municipalities within the county, for the countywide coordination of emergency management efforts.

(10)     Supervision of and final authorization for the procurement of all necessary supplies and equipment, including acceptance of private contributions which may be offered for the purpose of improving emergency management within the city.

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

(12)     Survey of the availability of existing personnel, equipment, supplies, and services which could be used during a disaster, as provided for herein.

(13)     Other requirements as specified in the Texas Disaster Act of 1975, Vernon's Texas Codes Annotated, Government Code chapter 418.

(1997 Code, sec. 1.1102)

   Sec. 1.07.003     Plan

A comprehensive emergency management plan shall be developed and maintained in a current state. The plan shall set forth the form of the organization; establish and designate divisions and functions; assign responsibilities, tasks, duties, and powers; and designate officers and employees to carry out the provisions of this article. As provided by state law, the plan shall follow the standards and criteria established by the state division of emergency management. Insofar as possible, the form of organization, titles, and terminology shall conform to the recommendations of the state division of emergency management. When approved, it shall be the duty of all departments and agencies to perform the functions assigned by the plan and to maintain their portion of the plan in a current state of readiness at all times. The emergency management plan shall be considered supplementary to this article and has the effect of law during the time of a disaster. (1997 Code, sec. 1.1103)

   Sec. 1.07.004     Interjurisdictional program

The mayor is hereby authorized to join with the county judge and the mayors of the other cities in said county in the formation of an interjurisdictional emergency management program for the county and shall have the authority to cooperate in the preparation of an interjurisdictional emergency management plan and in the appointment of a joint emergency management coordinator, as well as all powers necessary to participate in a countywide program of emergency management insofar as said program may affect the city. (1997 Code, sec. 1.1104)

   Sec. 1.07.005     Override

At all times when the orders, rules and regulations made and promulgated pursuant to this article shall be in effect, they shall supersede and override all existing ordinances, orders, rules and regulations insofar as the latter may be inconsistent therewith. (1997 Code, sec. 1.1105)

   Sec. 1.07.006     Liability

This article is an exercise by the city of its governmental functions for the protection of the public peace, health, and safety, and neither the city, the agents and representatives of said city, nor any individual, receiver, firm, partnership, corporation, association, or trustee, nor any of the agents thereof, in good faith carrying out, complying with or attempting to comply with any order, rule, or regulation promulgated pursuant to the provisions of this article shall be liable for any damage sustained to persons as the result of said activity. Any person owning or controlling real estate or other premises who voluntarily and without compensation grants to the city a license or privilege, or otherwise permits the city to inspect, designate, and use the whole or any part or parts of such real estate or premises for the purpose of sheltering persons during an actual, impending, or practice enemy attack or natural or manmade disaster shall, together with his successors in interest, if any, not be civilly liable for the death of, or injury to, any person on or about such real estate or premises under such license, privilege or other permission or for loss of, or damage to, the property of such person. (1997 Code, sec. 1.1106)

   Sec. 1.07.007     Commitment of funds

No person shall have the right to expend any public funds of the city in carrying out any emergency management activity authorized by this article without prior approval by the city council, nor shall any person have any right to bind the city by contract, agreement, or otherwise without prior and specific approval of the city council unless during a declared disaster. During a declared disaster, the mayor may expend and/or commit public funds of the city when deemed prudent and necessary for the protection of health, life or property. (1997 Code, sec. 1.1107)

   Sec. 1.07.008     Offenses; penalties

(a)     It shall be unlawful for any person willfully to obstruct, hinder, or delay any member of the emergency management organization in the enforcement of any rule or regulation issued pursuant to this article.

(b)     It shall likewise be unlawful for any person to wear, carry, or display any emblem, insignia, or any other means of identification as a member of the emergency management organization of the city unless authority to do so has been granted to such person by the proper officials.

(c)     Any unauthorized person who shall operate a siren or other device so as to simulate a warning signal, or the termination of a warning, shall be deemed guilty of a violation of this article and shall be subject to the penalties imposed by this article.

(d)     Convictions for violations of the provisions of this article shall be punishable by a fine not to exceed the maximum amount allowed by state law.

(1997 Code, sec. 1.1108)

   Secs. 1.07.009–1.07.030     Reserved

   Division 2. Homeland Security

   Sec. 1.07.031     National Incident Management System

The city hereby adopts the National Incident Management System dated March 1, 2004. (Ordinance 810-2005 adopted 9/13/05)

   ARTICLE 1.08 LIBRARY

   Division 1. Generally

   Sec. 1.08.001     Library facility fee

(a)     Rental for the meeting room shall be established as provided for in the fee schedule.

(b)     Basic rental shall include the cost of utilities. Setup of tables and chairs, as well as fold up and storage after use is the sole responsibility of the renter. Failure to replace these items will result in a forfeiture of a portion of the cleanup fee/deposit.

(Ordinance 948-2015 adopted 12/8/15)

   Sec. 1.08.002     Fines for books and videos

All fines for books, paperback books, and videocassettes are as provided for in the fee schedule. (1997 Code, sec. 1.1302)

   Sec. 1.08.003     Penalty

It shall unlawful for any person, firm or corporation to violate the provisions of this article. Any violation of said article shall be deemed a misdemeanor, and any person, firm or corporation convicted thereof shall be fined any sum not exceeding the maximum amount permitted by state law, and each and every day that such violation continues shall be considered a separate offense; provided, however, that such penal provision shall not preclude a suit to enjoin such violation. (1997 Code, sec. 1.1303)

   Secs. 1.08.004–1.08.030     Reserved

   Division 2. Library Board

   Sec. 1.08.031     Created

There is hereby created a library board which shall determine the policy of the public library. (1997 Code, sec. 8.501)

   Sec. 1.08.032     Composition

The library board shall consist of seven (7) persons. The library director shall make recommendations that require confirmation by the city council. (Ordinance 1003-2019 adopted 3/12/19)

   Sec. 1.08.033     Terms

Each member appointed to serve on the library board shall serve for staggered terms of 2 and 3 years and may be removed at the discretion of the city council. (Ordinance 750-2001 adopted 3/20/01)

   ARTICLE 1.09 FINANCE

   Sec. 1.09.001     Fees for administration

(a)     Returned check charge. Each and every check or bank draft, used as payment to the city for services, which is returned for insufficient funds shall have a charge, as provided for in the fee schedule, assessed against the account.

(b)     Notary service. Charge for notarial acts not directly related to official city business are set as the maximum allowable by state law.

(c)     Copy charges. Charge for copying service is the maximum allowable by state law to charge for public records.

(d)     Variance/specific use permit applications. The charge for a written application for variance or specific use permit of the zoning ordinance shall be as provided for in the fee schedule, to be paid in advance of the citizen notification process.

(1997 Code, art. 1.1400)

   ARTICLE 1.10 RECORDS MANAGEMENT*

   Sec. 1.10.001     Definition of city records

All documents, papers, letters, books, maps, photographs, sound or video recordings, microfilm, magnetic tape, electronic media, or other information recording media, regardless of physical form or characteristic and regardless of whether public access to it is open or restricted under the laws of the state, created or received by the city or any of its officers or employees pursuant to law or in the transaction of public business are hereby declared to be the records of the city and shall be created, maintained, and disposed of in accordance with the provisions of this article or procedures authorized by it and in no other manner.

   Sec. 1.10.002     Records declared public property

All records as defined in section 1.10.001 of this plan are hereby declared to be the property of the city. No official or employee of the city has, by virtue of his or her position, any personal or property right to such records even though he or she may have developed or compiled them. The unauthorized destruction, removal from files, or use of such records is prohibited.

   Sec. 1.10.003     Policy

It is hereby declared to be the policy of the city to provide for efficient, economical, and effective controls over the creation, distribution, organization, maintenance, use, and disposition of all records of this office through a comprehensive system of integrated procedures for the management of records from their creation to their ultimate disposition, consistent with the requirements of the Local Government Records Act and accepted records management practice.

   Sec. 1.10.004     Records management officer

The city secretary will serve as records management officer for the city as provided by law and will ensure that the maintenance, destruction, electronic storage, or other disposition of the records of this office are carried out in accordance with the requirements of the Local Government Records Act.

   Sec. 1.10.005     Records control schedules

Appropriate records control schedules issued by the Texas State Library and Archives Commission shall be adopted by the records management officer for use in the city, as provided by law. Any destruction of records of the city will be in accordance with these schedules and the Local Government Records Act.

(Ordinance 973-2017 adopted 12/12/17)

   ARTICLE 1.11 PARKS AND RECREATION*

   Division 1. Generally

   Sec. 1.11.001     Smoking prohibited

(a)     Purpose. The purpose of this section is to:

(1)     Improve and protect children's health by prohibiting smoking in places where children are likely to gather;

(2)     Promote the right of children to breathe smoke-free air; and

(3)     Recognize that the need to breathe smoke-free air shall have priority over the choice to smoke.

(b)     Definitions. The following words and phrases, whenever used in this section, shall be construed as defined in this section:

Athletic facilities. Outdoor sports venues, such as football, baseball, basketball, softball, tennis, soccer, swimming pools, and other similar places where members of the general public assemble either to engage in physical exercise, participate in athletic competition, or witness sports events.

Smoke-free zones. All facilities where children are or are likely to be gathered.

(c)     Smoking shall be prohibited in designated smoke-free zones in outdoor public parks, primarily including fenced playgrounds and athletic facilities and within 30 feet of any such facility.

(d)     Parks and recreation board shall have the authority to designate specific smoke-free zones and cause signage to be erected to identify the area as such.

(Ordinance 952-2016 adopted 2/9/16)

   Sec. 1.11.002     Hours of use of parks and cemeteries regulated

(a)     It shall be unlawful for any person, company, corporation, group or association to enter or remain in any city park or playground area after 11:00 p.m. on any night of the week. Such presence shall remain prohibited until dawn of the following day; and, the stated hours of use shall not pertain to any city approved and/or scheduled event. The above stated hours may be adjusted or changed by the city administrator, after presenting sufficient reasoning to council for the change.

(b)     It shall be unlawful for any person, company, corporation, group or association to enter or remain in any city cemetery after dusk on any night of the week. Such presence shall remain prohibited until dawn of the following day.

   Sec. 1.11.003     Penalty for violations

Any person, company, corporation, group or association found to be in violation of this article shall be subject to punishment by a fine not to exceed two hundred dollars ($200.00). Each and every violation hereof shall constitute a separate offense and shall be punishable as such.

(Ordinance 965-2017 adopted 2/14/17)

   Secs. 1.11.004–1.11.030     Reserved

   Division 2. Parks and Recreation Board

   Sec. 1.11.031     Reinstatement

There is hereby reinstatement of the Winnsboro Parks and Recreation Board, hereinafter referred to as parks and recreation board.(Ordinance 906-2014 adopted 4/8/14)

   Sec. 1.11.032     Composition, appointment, and compensation

The membership of the parks and recreation board shall be composed of a minimum of seven (7) board members that are residents of the city; including residents of the area known as the Winnsboro Independent School District. Of the board members, one (1) shall be a student representative from Winnsboro High School and one (1) shall be a Winnsboro School District employee. The WISD employee member will make the recommendation to the board on the student representative.

   Sec. 1.11.033     Term of office

Each member of the parks and recreation board shall serve an indefinite term. The student representative will automatically serve a two (2) year term. The city secretary shall maintain a record of the various individuals appointed, their terms of office and expiration dates.

(Ordinance 957-2016 adopted 4/12/16)

   Sec. 1.11.034     Removal of members

The city council may remove from office any member of the parks and recreation board for any cause deemed by the city council to be in the best interest of the city and surrounding community. The decision for removal by the city council shall be final and will not be subject to review. Any affected board member shall be notified of the decision to remove by the city council through written correspondence by the city secretary. (1997 Code, sec. 8.904)

   Sec. 1.11.035     Vacancies

Should a vacancy occur in the membership of the parks and recreation board, the city council shall appoint a successor for the unexpired term. (1997 Code, sec. 8.905)

   Sec. 1.11.036     Officers

The parks and recreation board shall be organized by electing a chairman, who must be one of the members of the board who is a resident of the city at the time of his appointment, and shall maintain such residence during the term of his chairmanship. In addition, the board shall select a vice-chairman to conduct the meetings of the board during the chairman's absence. The vice-chairman shall meet the same requirements as specified for the chairman. The city secretary shall serve as the board secretary. The officers of the board shall serve for one year or until their successors are appointed/elected and qualified. This provision shall not operate so as to extend the term of any board member. (1997 Code, sec. 8.906; Ordinance 957-2016 adopted 4/12/16)

   Sec. 1.11.037     Meetings

The parks and recreation board shall hold meetings as may be called for the transaction of any business, and a quorum of members of the board at any meeting shall be determined as a minimum of the majority thereof. All meetings of the parks and recreation board shall be public with the appropriate legal notice given and posted for such public meetings. Each meeting shall have an agenda prepared for that meeting with topics to be covered at the meeting clearly explained on said agenda. Items may be placed on the agenda by the chairman of the parks and recreation board. Members of the board, who desire to have an item placed on the agenda, shall transmit their request to the chairman. Actions considered by the board may only be taken if such action has been made a part of the agenda and received the proper public notice and posting. Meetings shall be held in the council chambers of the city hall. (1997 Code, sec. 8.907; Ordinance 957-2016 adopted 4/12/16)

   Sec. 1.11.038     Jurisdiction; duties

(a)     The jurisdiction of the parks and recreation board shall be to work with any individual or group for the development, construction, and beautification of any park, parkway, recreation, or community facility, under the jurisdiction of the city, and to advise and make recommendations to the city council for such development, construction, and beautification of any such park, parkway, recreation, and community facilities under the jurisdiction of the city. When the board deems appropriate, it may recommend that the council consider the calling of a bond election or the issuance of other public debt for the purposes of constructing public parks and recreation facilities.

(b)     The parks and recreation board should develop and maintain with the assistance of the city staff a long-term plan for future public parks facilities.

(c)     The parks and recreation board shall make recommendations to the city council concerning any rules and regulations that it deems proper for enhancing the enjoyment of the park, parkway, recreation, and community facilities and for the regulation of their use.

(d)     The limit of the authority of the parks and recreation board shall be to make recommendations for action to the city council. No final decision shall be made by the parks and recreation board unless prior consent has been specifically given in each occurrence by the city council.

(e)     The parks and recreation board shall not deal directly with the operations of the various recreation programs nor with any of the public facilities; nor shall the board give any orders to employees of the city or volunteers involved in such programs. The board shall only deal with operational aspects of the parks and recreation department through the city administrator or a city employee designated by the city administrator.

(f)     The parks and recreation board may hear complaints about the operations of city programs and facilities only at formal meetings of the board, at which time the staff representative may be required to explain how the programs work and justify the operation of the programs or the facilities that may have caused the problem. If the parks and recreation board believes that changes are appropriate, it should do so by making recommendations to the city council for whatever changes it may deem to be in the best interest of the city.

(1997 Code, sec. 8.908)

   Sec. 1.11.039     Limitations

The parks and recreation board shall not have any authority to make contracts or create any legal obligation or liability for the city. (1997 Code, sec. 8.909)

   Sec. 1.11.040     Staff and support

The city administrator or his designee shall act as the staff liaison to the parks and recreation board. The chairman shall bring forward for consideration by the board any matters which are appropriate for consideration by the board and shall place those items on an agenda to be discussed at the next available meeting. The staff will provide clerical assistance to the board if needed. The secretary shall be responsible for the keeping of the minutes of the board meetings. In addition the staff will insure that each recommendation made by the parks and recreation board is forwarded to and placed upon the next available agenda of the city council. (1997 Code, sec. 8.910)

   Sec. 1.11.041     Annual budget

(a)     During the staff development phase of the annual budget process, the city administrator or an individual designated by the city administrator shall forward to the parks and recreation board a proposed budget for the upcoming fiscal year. The parks and recreation board will review the proposal and forward any recommendations concerning the budget that the board may deem appropriate for consideration by the city council for inclusion in the final adopted annual budget. The city council shall make the final decision on annual budget appropriations, which that body considers to be in the best interest of the city.

(b)     No program to solicit contributions or to raise funds for parks and recreation activities shall be undertaken without prior consent of the city council.

(1997 Code, sec. 8.911)

   Sec. 1.11.042     Penalty

It shall be unlawful for any person, firm or corporation to violate the provisions of this article. Any violation of said article shall be deemed a misdemeanor. Any person, firm or corporation convicted thereof shall be fined any sum not exceeding the maximum amount permitted by state law, and each and every day that such violation continues shall be considered a separate offense; provided, however, that such penal provision shall not preclude a suit to enjoin such violation. (1997 Code, sec. 8.912)

   Secs. 1.11.043–1.11.070     Reserved

   Division 3. Recreational Vehicle Pads at City Park

   Sec. 1.11.071     Supervision

The city council directs that the recreational vehicle pads shall be under the control of the city administrator and/or his designee. The recreational vehicle pads shall be supervised in a manner befitting the public use and enjoyment of the facilities. (1997 Code, sec. 1.1601)

   Sec. 1.11.072     Rules of conduct by patrons

(a)     The following rules shall be in effect for patrons of the recreational vehicle pads. Enforcement of these rules shall be carried out by the city administrator and/or his designee:

(1)     All cleanup of the area, leaving it free of debris, must be completed by renters before leaving the area.

(2)     Renters shall be responsible for the repair of any damages.

(1997 Code, sec. 1.1602)

(3)     RV's, camping vehicles and trailers must remain on wheels at all times. Size limit is 37 feet. No exceptions.

(4)     RV's being towed by a tow truck are not permitted in the park.

(5)     Waste/sewage, water or effluent from sinks, portable toilets or other plumbing fixtures must be deposited in a dumping facility only and may not be deposited directly on any pavement, dirt or vegetation.

(6)     No vehicle repairs, maintenance activities, fluid changes, washing/rinsing of vehicles/RV are permitted in the park.

(7)     Vehicles must be self-contained and carry the RV industries approval registry number and manufactures date.

(8)     Registered guests and all other users of this property are liable for all property damages.

(9)     Guests must keep their site clean and free from clutter at all times.

(10)     All federal, state and local laws must be obeyed at all times; this includes the RV and vehicle having current registration.

(11)     The city assumes no responsibility or liability for the safety and security of campers/visitors and their personal property.

(12)     The city reserves the right to make changes deemed necessary in these regulations. We reserve the right to refuse service to current and returning guests that have violated the rules and regulations and/or have vacated the park without paying all fees.

(13)     Management can refuse parking of any RV, trailer, camper that is deemed unsafe and a hazard to the area.

(b)     Occupants and their vehicles may be removed by law enforcement officers upon 72 hours written notice for failure to pay full amount of space rental when due or for failure to comply with the written rules and regulation in this code.

(Ordinance 892-2013 adopted 5/14/13)

   Sec. 1.11.073     Reservations

Reservations for use of recreational vehicle pads may be made up to one year prior to the date reserved. Rental must be paid in full at the time of the reservation, and the reservation shall not be considered valid until full payment has been received. (1997 Code, sec. 1.1603)

   Sec. 1.11.074     Cancellation/refund policy

Two weeks' notice of a cancellation of a reservation must be made to qualify for a refund of advance rental payment. Any variance must be approved by the city administrator or his designee. Upon approval of cancellation, a refund shall be made only to the person who made the reservation. (1997 Code, sec. 1.1604)

   Sec. 1.11.075     Rental fees

(a)     Rental for use of a recreational vehicle pad with water and electricity shall be as provided for in the fee schedule. (1997 Code, sec. 1.1605)

(b)     Weekly rental rates and monthly rental rates shall be as provided for in the fee schedule. All stays shall be limited to 60 days. No rental shall encroach upon a future reservation for a particular space. The city administrator is hereby authorized to grant extensions for extenuating circumstances. (Ordinance 911-2014 adopted 8/12/14)

   Secs. 1.11.076–1.11.100     Reserved

   Division 4. Winnsboro Civic Center and Jack Cross Pavilion

   Sec. 1.11.101     Supervision

The city council directs that the Winnsboro Civic Center and the Jack Cross Pavilion and all related activities at the Winnsboro Civic Center and the Jack Cross Pavilion shall be under the control of the city administrator or his designee. The Winnsboro Civic Center and the Jack Cross Pavilion shall be supervised in a manner consistent with the policies outlined in this division and in a manner befitting the public use and enjoyment of the facilities.

   Sec. 1.11.102     Rules of conduct

Signs delineating the rules specified below shall be made and posted at conspicuous places both outside and inside the Winnsboro Civic Center confines. Enforcement of these rules shall be carried out by the city administrator or his designee. The rules shall be as follows:

(Ordinance 1006-2019 adopted 3/12/19)

(1)     No smoking is allowed inside the Winnsboro Civic Center, nor within 30' of any doorway. No smoking is allowed inside the fenced area of the Jack Cross Pavilion or within 30' of the fence. (Ordinance 952-2016 adopted 2/9/16)

(2)     (A)     No unapproved alcohol, drug use, or other illegal activity is authorized. Renters are subject to unannounced visits by city staff. If unapproved alcoholic beverages are being consumed, individuals will be asked to cease consumption immediately. Should consumption continue, individuals may be subject to expulsion and/or arrest and the party or activity terminated.

(B)     Alcohol consumption may only be permitted under the following circumstances:

(i)     A properly licensed TABC vendor is providing (or selling) and serving products. At least one off-duty state-licensed peace officer shall be present at the expense of the renter to provide security; or

(ii)     At least two off-duty state-licensed peace officers shall be present, at the expense of the renter, to provide security. Additionally, should the number of guests exceed 100, one off-duty officer shall be provided for each additional 50 guests.

(C)     Either circumstance will require a separate agreement from the standard rental agreement. The agreement will contain the renter's plan for the selected circumstance above and specifically identify the TABC licensed vendor, the officers to be hired to provide security, the number of guests and/or any other information the city deems necessary to grant permission. Consumption of alcohol can only occur with the expressed written consent and approval of the city administrator or his designee.

(Ordinance 949-2015 adopted 12/8/15)

(3)     Nonpermanent decoration is allowed provided it is removed at the termination of the rental period. (1997 Code, sec. 1.1802)

(4)     All cleanup must be completed during the rental period unless prior approval from the city administrator or his/her designee is obtained. The cleanup deposits set forth herein for the Winnsboro Civic Center and for the Jack Cross Pavilion include, but are not limited to, setup of Winnsboro Civic Center tables and chairs as well as foldup and storage after use. (Ordinance 1006-2019 adopted 3/12/19)

(5)     Renters shall be responsible for damages to facility and/or equipment.

(6)     Inappropriate behavior which could lead to personal injury is prohibited (e.g., horseplay, running on concrete, etc.).

(7)     Avoid overloading electrical circuitry.

(8)     Utilities shall be turned off upon completion of rental period (i.e., lights, stove, heaters, fans, water, air conditioners, etc.).

(1997 Code, sec. 1.1802)

(9)     Flammables (i.e., gasoline, propane, diesel, etc.) are not allowed inside the Winnsboro Civic Center without city approval. (Ordinance 1006-2019 adopted 3/12/19)

(10)     Bleacher at the pavilion shall not be moved for any reason.

(11)     Kitchen appliances shall not be moved for any reason.

(1997 Code, sec. 1.1802)

(12)     No food is to be left in the refrigerator. Do not remove shelves from the refrigerator without putting them back. Leftover food is to be removed on day/night of use. Furnish your own garbage bags, as all garbage must be taken with you. (Ordinance 743-2000 adopted 9/18/00)

(13)     A complete copy of these rules shall be delivered to the person executing a rental agreement for the Winnsboro Civic Center or Jack Cross Pavilion. (Ordinance 1006-2019 adopted 3/12/19)

   Sec. 1.11.103     Fees and charges

The fees and charges, as provided for in the fee schedule, shall be in effect and remain in effect until changed by action of the city council. (1997 Code, sec. 1.1803)

   Sec. 1.11.104     Cleanup/damage deposits

(a)     There shall be cleanup/damage deposit for the civic center and a cleanup/damage deposit for the pavilion, as provided for in section 1.11.103 in the fee schedule, which shall be due two weeks prior to the activity date and refundable if cleanup is successfully completed by the renter (including folding and storage of tables and chairs, if used). Users need to provide their own cleaning supplies. Failure to fold and store tables and chairs or clean the facility may result in a forfeiture of all or a portion of the deposit. Damages to the facility or related equipment shall result in forfeiture of all or a portion of the deposit. Should damages exceed the amount of the deposit, renter shall be billed for said excess. Failure to make restitution for damages will result in criminal charges for damage to a public facility and renter shall be permanently banned from renting any city facilities in the future.

(b)     In the case of a multiple or recurring use renter, a single cleanup/damage deposit may be allowed to float and cover a number of consecutive reservations. This provision shall end the first time the renter fails to cleanup after his activity as expected.

(Ordinance 925-2015 adopted 1/13/15)

(c)     Renters who have shown a clear and consistent disregard for the cleanup provisions of this division may be denied rental of the Winnsboro Civic Center and/or Jack Cross Pavilion. (Ordinance 1006-2019 adopted 3/12/19)

   Sec. 1.11.105     Reservations

A rental agreement and reservation application shall be completed by each rental applicant before reservation confirmation. Reservations may be made up to one full year in advance of the rental date. Rental fees must be paid in full at the time of the reservation, and the reservation shall not be considered valid until full rental fee payment has been received.

   Sec. 1.11.106     Cancellation policy

Two weeks notice of cancellation of reservations must be made to qualify for a refund of the advance rental payment. Failure for timely payment of the cleanup/damage deposit, as identified in section 1.11.104, may constitute a cancellation of the reservation and a forfeiture of the advance rental (reservation) fees. Any variance must be approved by the city administrator or his designee. Upon approval, the city will make the refund only to the person who made the reservation.

(Ordinance 925-2015 adopted 1/13/15)

   Sec. 1.11.107     Refund of cleanup deposit

The cleanup deposit shall be subject to refund only to the person who made the reservation for rental and is contingent upon cleanup being successfully completed by the renter. The city shall be under no obligation to contact or notify the renter for a refund. The responsibility for collecting refund of the cleanup deposit is solely that of the renter. (1997 Code, sec. 1.1807)

   Secs. 1.11.108–1.11.140     Reserved

   Division 5. Municipal Swimming Pool

   Sec. 1.11.141     Supervision

The city council directs that the swimming pool and all related activities at the swimming pool shall be under the control of the city administrator and/or his designated representative. The swimming pool shall be supervised in a manner consistent with the policies approved by the city council and made available to the public.

   Sec. 1.11.142     Fees and charges

The fees and charges, for use of the swimming pool are approved by city council annually and are available to the public. The approved fee schedule includes the rental and deposit fees for private parties.

   Sec. 1.11.143     Private party rental

Rules and regulations governing the use of the pool for private parties are approved by city council and made available to the public upon request.

   Sec. 1.11.144     Rules of conduct by patrons

Signs delineating the rules specified below shall be posted at conspicuous places both outside and inside the pool facility. Enforcement of these rules shall be carried out by the city administrator or his designated representative.

   Sec. 1.11.145     Penalty

It shall be unlawful for any person, firm, or corporation to violate the provisions of this division. Any violation of said division shall be deemed a misdemeanor, and any person, firm, or corporation convicted thereof shall be fined any sum not exceeding the maximum amount permitted by state law, and each and every day that such violation continues shall be considered a separate offense; provided, however, that such penal provision shall not preclude a suit to enjoin such violation.

(Ordinance 976-2018 adopted 4/10/18)

   Secs. 1.11.146–1.11.180     Reserved

   Division 6. Municipal Tennis Court Facility

   Sec. 1.11.181     Reserved

Editor's note–Former Section 1.11.181 concerning tennis court use and deriving from section 1.1201 of the 1997 code was removed by Ordinance 824-2007 adopted by the city on February 13, 2007.

   Sec. 1.11.182     Reservations

(a)     All reservations shall be within the current calendar year only. Reservations may be taken as early as January 2 on any given year for any day within that year. No reservation shall be taken before that date for that calendar year, and no multiyear activity or reservation will be allowed.

(b)     In order for a reservation to be valid, one-half of the total fee must be made at the time of reservation. Without half payment no reservation shall be considered to be in effect.

(c)     A multiple-date rental may take until the middle of the rental period to pay the remaining half of the rental fee. The deposit will be returned upon completion of the rental period providing that the successful cleanup has occurred.

(d)     The responsibility for doing all that is necessary to keep the reservation in effect is solely that of the renter.

(1997 Code, sec. 1.1202)

   Sec. 1.11.183     Penalty

It shall be unlawful for any person, firm or corporation to violate the provisions of this division. Any violation of said division shall be deemed a misdemeanor, and any person, firm or corporation convicted thereof shall be fined any sum not exceeding the maximum amount permitted by state law, and each and every day that such violation continues shall be considered a separate offense; provided, however, that such penal provision shall not preclude a suit to enjoin such violation. (1997 Code, sec. 1.1203)

   Secs. 1.11.184–1.11.200     Reserved

   Division 7. Winnsboro Depot Center

   Sec. 1.11.201     Rental period statement

A rental period shall be defined as being the total time between issuance of the key for the facility and the time the key is turned in. No access to the Winnsboro Depot Center's meeting room facility without charge will be allowed for any reason unless it is a city function or prior approval is granted by the city administrator.

   Sec. 1.11.202     Fees and charges

(a)     The fees and charges as is provided for in the fee schedule shall be in effect and remain in effect until changed by action of the city council.

(Ordinance 887-2012 adopted 9/11/12)

(b)     Basic rental shall include the cost of utilities, use of the kitchen facilities, ice machine, and all their amenities located in the kitchen, as well as available parking areas adjacent to the applicable facility. Set up of the Winnsboro Civic Center tables and chairs as well as fold up and storage after use is the sole responsibility to the renter. Failure to replace these items will result in a forfeiture of a portion of the cleanup fee. (Ordinance 1006-2019 adopted 3/12/19)

   Sec. 1.11.203     Cleanup deposits

(a)     The deposit for the Winnsboro Depot Center, which shall be due at the time of reservation and refundable if clean up is successfully completed by the renter (including folding and storage of tables and chairs, if used).

(b)     Renters who have shown a clear disregard for the cleanup provisions of this article may be denied rental of the Winnsboro Depot Center.

(Ordinance 887-2012 adopted 9/11/12)

   Sec. 1.11.204     Rules of conduct

The rules of conduct identified for the civic center in section 1.11.102 shall apply to the depot. (Ordinance 949-2015 adopted 12/8/15)

   ARTICLE 1.12 STREETS, SIDEWALKS AND OTHER PUBLIC PLACES*

   Sec. 1.12.001     Certain ordinances relating to streets and sidewalks not affected by code

Nothing in this code or the ordinance adopting this code shall affect any ordinance:

(1)     Dedicating, accepting, naming, establishing, locating, relocating, opening, widening, improving or vacating any street or other public way in the city;

(2)     Establishing or prescribing grades for streets in the city;

(3)     Assessing costs of constructing streets and sidewalks, etc.;

(4)     Relating to municipal street maintenance agreements with the state;

and all such ordinances are hereby recognized as continuing in full force and effect to the same extent as if set out at length in this code.

(1997 Code, sec. 9.201)

   Sec. 1.12.002     Adoption of regulations for access driveways to state highways

The city does hereby adopt the regulations for access driveways to state highways as provided for in the Texas Administrative Code, title 43, part 1, chapter 11, subchapter C, for use on state highways within the city. (1997 Code, sec. 9.202; Ordinance adopting Code)

   Sec. 1.12.003     Permit required for excavations on streets; payment for damage from excavation

(a)     It shall be unlawful for any person, firm or individual to do any excavating on any street within the city limits without first obtaining a permit from the director of public utilities.

(b)     Any damage from such excavation shall be paid for by the individual if the city does the repair. If repair is done by the individual, it shall be to city specifications.

(1997 Code, sec. 9.203)