Chapter 22. Offenses—miscellaneous

(a) It shall be unlawful for any person or persons to drain, pump, or discharge any impure or noxious water, liquids or liquid material into the streets, gutters, storm sewer systems, and public grounds of the city.

(b) Any person or persons who shall violate the terms or provisions of this section, shall be guilty of a misdemeanor and punished as provided in section 1-10 of this Code; provided, however, any fine to be imposed shall not be less than $25.00.

(Ord. No. 2071, § 2, 12-2-1974)

(a) It shall be unlawful for any person to interfere with any police officer or firefighter of the city, in the execution of his duties.

(b) "Interfere," as that term is used herein, shall mean to intervene and thereby obstruct passage or free movement, materially delay, or prohibit, by direct or devious means.

(Ord. No. 1756, §§ 1, 2, 3-1-1971)

It shall be unlawful for any person to obstruct any public street, public sidewalk, or other public place in the city, so as to interfere with public travel, after being requested not to do so by any peace officer of the city.

(Ord. No. 1749, § 1, 2-1-1971)

(a) Purpose. The making, creation or maintenance of loud, unreasonable, unnatural or unusual noises affects and is a detriment to the public health, comfort, convenience, safety, welfare and prosperity of the residents of the city. The necessity, in the public interest, for the provisions and prohibitions contained in this section is hereby declared as a matter of legislative determination and public policy, and it is further declared that the provisions and prohibitions contained in this section are in pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare and prosperity and the peace and quiet of the city and its inhabitants.

(b) Quiet hours and non-quiet hours established.

The term quiet hours shall mean the following timeframe and are established as follows:

The term "non-quiet hours" shall mean the following timeframe:

(c) Maximum noise decibel levels established. The term "maximum noise decibel levels" shall mean the following and are established as follows:

(d) General prohibition. It shall be unlawful for any person to make, continue, permit or cause to be made or continued any loud, unnecessary or unusual noise or any noise which disturbs, injures or endangers the comfort, repose, health, peace or safety of others, within the limits of the city.

(e) Specific regulations.

(1) Quiet hours—Specific regulations.

a. Specific noises prohibited. Noises exceeding the maximum noise decibel levels are prohibited. Additionally, the following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this section, but said enumeration shall not be deemed to be exclusive, namely:

• Dumpster servicing.

• Construction, except as otherwise approved by the building official per Code of Ordinances section 9-17.

• Sound made by leaf blowers, lawnmowers, and other lawn and garden equipment.

b. Exceptions. For purposes of determining compliance with this section, the following noise sources shall be excepted:

• Emergency and repair activities of any public entity or a utility.

• Noises of safety signals, warning devices and emergency pressure relief valves.

• Noises emanating from properly permitted construction, grading, repair, remodeling, or demolition/building activities during additional hours the city's building official specifically authorizes in writing.

• Emergency generators at any time when normal power is not available.

• Emergency service vehicles, including but not limited to EMS, fire department, police department, or noise emanating from activities immediately and reasonably necessary to prevent imminent threat of bodily injury, death, or loss of property.

• City public works facilities and operations, including, but not limited to, lift stations, water wells, water treatment facilities, wastewater treatment facilities.

(2) Non-quiet hours-specific regulations.

a. Specific noises prohibited. Noises exceeding the maximum noise decibel levels are prohibited.

b. Exceptions. For purposes of determining compliance with this sub-section, the following noise sources shall be excepted:

• Emergency and repair activities of any public entity or a utility.

• Noises of safety signals, warning devices and emergency pressure relief valves.

• Noises emanating from properly permitted construction, grading, repair, remodeling, or demolition/building activities.

• Emergency generators at any time when normal power is not available or for a weekly exercise cycle or testing.

• Emergency service vehicles, including but not limited to EMS, fire department, police department, or noise emanating from activities immediately and reasonably necessary to prevent imminent threat of bodily injury, death, or loss of property.

• Noise produced by city approved functions or allowed activities in city parks, playgrounds, or a city approved race, parade or event in the city's rights-of-way, other than noise produced by amplified or non-amplified music, provided that such uses comply with applicable zoning regulations.

• Noise produced by organized youth sports allowed in city parks and facilities, other than noise produced by amplified or non-amplified music, provided that such uses comply with applicable zoning regulations.

• Noise produced by typical activities at restaurants or private parks, other than noise produced by amplified or non-amplified music, provided that such uses comply with applicable zoning regulations.

• Noise produced by the transportation, placement, filling, collection, servicing or removal of a waste or recycling receptacle or container at any point between the hours permitted by this Code.

• City public works facilities and operations, including, but not limited to, lift stations, water wells, water treatment facilities, wastewater treatment facilities, mosquito sprayers, solid waste operations, and street sweepers.

• City construction projects.

• Noise produced by typical activities at public or private school grounds or religious institutions provided that such institutions comply with applicable zoning regulations, other than noise produced by amplified or non-amplified music, provided that such uses comply with applicable zoning regulations.

• Sound made by leaf blowers, lawnmowers, and other lawn and garden equipment.

• Sound made by tree trimming or tree removal.

• Other activities approved by city permit to exceed the maximum permissible noise levels.

(f) Sound level measurements. Sound level measurements under this section shall be made in accordance with the following criteria:

• Noise levels shall be measured in decibels and A-weighted. The unit of measurements shall be designated as "dB(A)". The sound level meter shall be set to 'A' weighting, which filters the frequencies to model the human ear's sensitivity.

• Measurements recorded shall be taken to provide a proper representation of the sound being measured. Set meter to take an average measurement over a period of 180 seconds (three minutes). Record the average sound value and the time of day. Repeat for a total of five three-minute periods. Calculate the average of the recorded measurements.

• The microphone of the meter shall be positioned so as not to create any unnatural enhancement or diminution of the measured sound. A windscreen for the microphone shall be used.

• Measurement shall be taken at the property line of the site where the noise is audible, unless as otherwise stipulated in this section.

(g) Nuisance declared. Any loud, unnecessary or unusual noise or any noise which disturbs, injures or endangers the comfort, repose, health, peace or safety of others, within the limits of the city, in violation of any provision of this section is hereby declared to be detrimental to the public health, comfort, convenience, safety, welfare and prosperity of the general public, and such noises are hereby declared to constitute a public nuisance.

(h) Penalty. Any person, corporation, or property owner responsible for violating any of the provisions of this section, or who shall fail to comply therewith, shall be guilty of a misdemeanor and shall be punished as provided in section 1-10 of this Code; provided, however, that any fine shall not be less than $150.00 for the first offense of a violation of or failure to comply with this section, and not less than $500.00 for any subsequent offense of violation of or failure to comply with this section. Each hour or portion thereof in which any violation shall occur shall constitute a separate offense.

(Ord. No. 2066, § 2, 12-2-1974; Ord. No. 23-062, § 1(App. A), 9-11-2023; Ord. No. 24-039, § 1(App. A), 7-1-2024)

(a) A person commits an offense if the person disposes or allows or permits the disposal of litter or other solid waste at a place that is not an approved solid waste site, including a place on or within 300 feet of a public highway, on a right-of-way, or on other public or private property.

(b) This section shall be equally applicable to include the unauthorized disposal of litter or other solid waste in a dumpster or similar receptacle.

(c) This section shall not apply to the disposal of or temporary storage for future disposal of litter or other solid waste by a person on land owned by that person or by that person's agent, unless otherwise prohibited under the terms and provisions of this Code.

(d) The city council of the City of Bellaire and/or the city manager are authorized at any time to institute a program to offer a reward of $50.00 for reporting a violation of this section or of V.T.C.A., Health and Safety Code § 365.012 which results in prosecution thereunder.

(Ord. No. 93-087, § 1, 12-20-1993)

It shall be unlawful to use a tent within the city, for living quarters, for a place of assembly or for business purposes because of the hazard to those within and without from fire.

(Ord. No. 1496, § 1, 12-20-1965)

(a) Definitions. As used in this section, the term "sell" shall include sale, offering for sale and exposing for sale. The term "set off" shall include setting off, firing, igniting, discharging, or in any other manner setting into action, and shall also include the causing of any other such things to happen. The word "fireworks" shall include fireworks, firecrackers, rockets, sparklers, torpedoes, Roman candles, fire balloons, and all other substances or any combination whatsoever designed or intended to produce a noise or effects of fireworks or pyrotechnics.

(b) Prohibitions. It shall be unlawful to manufacture, store, sell, possess or set off fireworks within the city.

(Ord. No. 582, §§ 1, 2, 7-28-1947)

No relation in the ascending line of a minor, or a guardian of a minor, shall furnish money to a minor for the purchase of fireworks, or encourage, act in conjunction with, or in any manner instigate or aid a minor in having, keeping, storing, selling, offering for sale, giving away, using, transporting or manufacturing fireworks within the corporate limits of the city. This shall be an offense, regardless of whether the minor has been found guilty of the offense. The commission of any of the aforesaid acts by a minor on the property under the control or owned by the relation or guardian, or on property within their sight or hearing, shall be prima facie evidence that the relation or guardian was instigating or aiding the minor.

(Ord. No. 1584, § 1, 8-7-1967)

It shall be unlawful for any person owning or controlling any property in the city to construct, maintain, or permit to remain on such property, any fence charged with electricity.

(Ord. No. 1611, § 1, 2-5-1968)

(a) No person shall make, carry, possess or use any type of "molotov cocktail," gasoline or petroleum base fire bomb, or other incendiary missile, within the city.

(b) The words "molotov cocktail" as used herein shall mean a gasoline or kerosene filled bottle or container with a fuse or wick inserted in the neck.

(Ord. No. 1473, 10-4-1965)

(a) No person shall tamper with, injure, deface, destroy or remove or in any way injure any property belonging to, or under the control of the City of Bellaire.

(b) The city manager is hereby authorized to pay a reward, up to $100.00, to any person giving information leading to the arrest and conviction of any person for violating the provisions of subsection (a) of this section.

(Ord. No. 77-043, 6-20-1977; Ord. No. 1877, 11-6-1972)

(a) The city manager is hereby directed and authorized, upon proper application in a form as the city manager shall prescribe, to issue a permit for the temporary erection of a tent or other similar enclosure, for the purposes of display or exhibition; provided, however, that the erection of such tent or enclosure shall not be for a period in excess of 15 days without the express permission of the city council. The holder of such permit shall fully comply with all laws of the state, provisions of this Code and ordinances of the city.

(b) The city manager is hereby authorized to impose such restrictions, qualifications, use limitations or such other safeguards, as may seem just and prudent to the city manager, taking into consideration the health, safety and well-being of the citizens of the city. The city manager is expressly authorized to issue such permit for a period not in excess of 15 days, so long as the permittee shall not cause destruction to any public or private property and shall restore said property to the same condition which it was in immediately before the erection of such tent or enclosure.

(c) The city manager is authorized and directed to allow temporary variance from the building code of the city for a period not in excess of 15 days so long as such variance does not constitute an actual fire or potential hazard to the health, safety, and well being of the citizens of the city.

(Ord. No. 2215, 3-15-1976)

(a) It shall be unlawful for the operator of any aircraft to land or to take off from any place in the city, for any purpose whatsoever, unless the same is a designated and authorized airport or heliport.

(b) The city manager or his designee is hereby authorized and directed to grant written permission for an aircraft to land or take off in the city at some place other than an airport or heliport when it shall seem to him to be necessary, taking into consideration the health, safety and well being of the citizens of the city.

(c) Any person landing or taking off in an aircraft of any kind or nature in the city from a place other than a designated airport or heliport without the express written permission of the city manager or his designee, shall be guilty of a misdemeanor and shall be subject to a fine of not less than $25.00 nor more than $200.00 for each time said person shall land or take off in violation of this section.

(d) The city manager or his designee, acting with the chief of police, is hereby authorized and directed to impound and to take possession of any aircraft which may be found in the city, which the city manager or his designee has reason to believe and does believe will be operated or stored in violation of the terms and provisions of this section, and is hereby authorized to keep such aircraft in his possession and under his control until such time as the same can be safely removed from the city without endangering the health, safety and well-being of the citizens of the city. The city manager or his designee is hereby instructed and directed to require removal of such aircraft by land vehicle or other ground transportation, if in the exercise of his sound discretion the city manager or his designee shall believe such removal shall be the only means of safe removal.

(Ord. No. 2224, 4-5-1976)

It shall be unlawful for any person to discharge a pistol, gun, rifle, shotgun or other type of firearm of any nature whatsoever, upon public or private property within the city limits of the City of Bellaire.

It shall be unlawful for any person to discharge by firing or activating, a BB gun, pellet gun, air rifle or spring gun upon public or private property within the city limits of the City of Bellaire.

(a) All vehicles, when carrying and/or hauling trash, debris, dirt, waste paper, rubbish, sand, refuse, garbage, manure, slop, rags, ashes, or other loose materials, shall be loaded, equipped and operated upon the streets and thoroughfares of this city so that at no time can such materials or substances spill over, fall out of, or be blown from such vehicle or vehicles during the time they are being driven upon and/or over the streets, thoroughfares or highways within the city.

(b) Each vehicle used or operated for the purpose of hauling trash, debris, dirt, waste paper, rubbish, sand, refuse, garbage, manure, slop, rags, ashes, or other loose materials, shall, at all times, have the name or names of its owner or owners, whether personal, corporate, or otherwise, prominently, legibly and permanently displayed on each side of said vehicle.

(Ord. No. 1097, § 2, 5-2-1960)

(a) The planting of trees or shrubbery or the creation or construction of any other obstruction within the right-of-way of any public street, other than right-of-way of the State of Texas, is prohibited without prior agreement of the City of Bellaire, acting through the city manager of the City of Bellaire or his designee. In addition, any planting of trees or shrubbery or the creation or construction of any other obstruction within a right-of-way of the State of Texas within the city limits without prior agreement of the state, acting through the proper representative of the state highway commission, is hereby prohibited.

(b) Except for official traffic-control signals and official traffic-control devices, authorized by this Code, all other signs, posters, billboards, roadside stands, and other private installations within the right-of-way limits of Interstate Highway 610 are hereby prohibited.

(Ord. No. 1563, § 2(y), (z), 2-6-1967; Ord. No. 77-042, 6-20-1977)

(a) Definitions. As used in this section:

Cut or mow shall mean mechanically maintaining growth of grass, weeds, shrubs, trees or brush at a uniform height.

Nuisance vegetation shall mean trees, plants, shrubs or vegetation which is in the right-of-way and situated so that it interferes with the free and safe use of any street or sidewalk or with visibility along such street or sidewalk.

Right-of-way or easement shall mean the area of a street right-of-way in the city not covered by a sidewalk and lying between the lot line or property line and that portion of the street usually traveled by vehicular traffic.

Tree shall mean any self-supporting woody plant together with its root system, growing upon the earth usually with one trunk, or a multi-stemmed trunk system, supporting a definitely formed crown.

Uniform height for grass and weeds shall mean a height not to exceed nine inches.

(b) Cutting specifications and standards of practice for grass and weeds. A property owner or other person in possession or control of a property shall cut, mow and maintain all grass and weeds upon the right-of-way or easement abutting the property, to a uniform height as defined herein and in a manner so as to be in conformity with and at an even height with all other grass growing on such property. Any property within the city, regardless of occupancy, shall be required to conform to these specifications.

(c) Cutting specifications and standards of practice for trees. A property owner or other person in possession or control of such property shall be required to trim trees within the right-of-way or easement abutting the property so that such trees hang no lower than 13 feet over any street, right-of-way or easement and no lower than nine feet over any sidewalk within the city.

(d) Cutting specifications and standards of practice for nuisance vegetation. No nuisance vegetation shall be permitted and a property owner or other person in possession or control of such property shall be required to maintain the right-of-way or easement abutting the property free and clear of nuisance vegetation.

(e) Penalty for violation. The city may assess a fine against a property owner and/or any other person in possession or control of such property of up to $500.00 per occurrence for a violation of this section.

(Ord. No. 13-018, § 1(App. A), 3-18-2013)

(a) The public streets and highways within the city limits of the City of Bellaire are insufficient to carry the maximum gross axle loads for vehicles used exclusively to transport ready-mixed concrete as provided for in S.B. 412 passed by the 65th Legislature of the State of Texas. Therefore, the maximum weight of vehicles transporting ready-mixed concrete upon the public streets and highways of the City of Bellaire shall not exceed 36,000 pounds for vehicles with a tandem axle load, 12,000 pounds for a single axle load or a 48,000 pounds gross load.

(b) The owner of any ready-mixed concrete vehicle with a tandem load in excess of 34,000 pounds, traveling upon any public street, public highway or other public roadway within the city limits of the City of Bellaire, Texas, shall file a surety bond in an amount of $15,000.00 with the City of Bellaire conditioned that the owner of such vehicle will pay to the City of Bellaire all damages done to the public streets, public highways or other public roadways within the city limits of the City of Bellaire, Texas by reason of the operation of such ready-mixed concrete vehicle.

(Ord. No. 77-040, 6-20-1977)

All terms and provisions of the City of Bellaire Water Conservation Plan, together with the drought contingency plans set forth therein, as formally adopted by the city council of the City of Bellaire prior to the adoption of this Code amendment and as may be amended from time to time, are hereby incorporated by reference as a part of this Code. Compliance with all terms and provisions of such plan shall be mandatory; and it shall be unlawful for any person, whether individually or as a representative of any business, corporate, public or charitable entity, to fail to comply with any restrictions, regulations or bans relating to water usage promulgated by the City of Bellaire, or to in any way interfere with the enforcement or implementation by the city's personnel of any measures instituted by the City of Bellaire pursuant to such water conservation plan.

Violation of this section shall be punishable by fine in the municipal court of record of the City of Bellaire in accordance with the provisions of section 1-10 of this Code. The city council of the City of Bellaire specifically finds that events and conditions which may make it necessary for the city to impose restrictions, regulations and bans on water usage shall constitute an emergency and a condition which shall be deemed threatening to the health, safety and well-being of the residents, citizens and inhabitants of the community, and as such, second and subsequent violations under this section shall be punishable by fine and, in addition, by interruption of water service in accordance with certain criteria, rules and regulations promulgated by the office of the city manager of the City of Bellaire.

(Ord. No. 89-036, § 1, 7-3-1989)

It shall be unlawful for any person to operate a motor vehicle for the purposes of disposing of trash, refuse, waste, litter or other waste material of any type, both liquid and solid, within the City of Bellaire. Any person in violation of the provisions of this section shall be punished by a fine of not more than $2,000.00 per each occurrence or such additional amount as may be from time to time established for such violation by the laws of the State of Texas.

If a person charged hereunder is tried and at the time of trial it is shown that such person has been previously convicted of an offense under this section of the Code of Ordinances and/or under V.T.C.A., Health and Safety Code § 365.016 of the State of Texas, an offense committed hereunder shall therefore be deemed a Class A misdemeanor.

(Ord. No. 91-100, § 1, 12-16-1991)

(a) As used in this section, the following words and terms shall have the meanings ascribed to them in this subsection, unless the context of their usage clearly indicates another meaning:

Bodily injury shall have the meaning ascribed to it by V.T.C.A., Penal Code § 1.07, as amended.

Follow shall mean to pursue, trail, shadow or chase a person.

Harass or harassed shall mean to engage, or have engaged in, a pattern of conduct or series of acts and threats over a period of time directed at a specific person that would cause a reasonable person to be placed in imminent fear of death, bodily injury or serious bodily injury.

Repeatedly shall mean on more than one occasion within a one year period.

Serious bodily injury shall have the meaning ascribed to it by V.T.C.A., Penal Code § 1.07, as amended.

(b) It shall be unlawful for any person to knowingly and repeatedly harass any other person or follow any other person under circumstances in which that person has previously harassed the person being followed.

(c) It is an affirmative defense to any prosecution under this section that the conduct proscribed under this section is engaged in by a peace officer or federal law enforcement officer in the lawful discharge of his duties while in the course of investigating a criminal offense or possible criminal activity.

(Ord. No. 93-010, § 1, 2-1-1993)

(a) It shall be unlawful for any person to be in possession of a burning tobacco product or to smoke tobacco in any municipal building or public park of the city.

(b) Any person found to be in violation of this section shall be fined, upon conviction, an amount not to exceed $500.00.

(a) Targeted residential picketing prohibited.

1. It is unlawful for any person to engage in picketing activity that is targeted at or is within three hundred (300) feet of a residential dwelling.

2. "Residential dwelling" means any single-family or multi-family dwelling unit or units that is not being used exclusively as any occupant's sole place of business, except that such a dwelling loses its status as a residential dwelling for one (1) hour before and after any public meeting, in accordance with the Texas Open Meetings Act, occurring therein.

3. "Targeted picketing" means picketing activity that is targeted at a particular residential dwelling and proceeds on a definite course or in front of or around a particular residential dwelling or dwellings or remains in front of such dwelling or dwellings.

4. Any person or persons who shall violate the terms or provisions of this section shall be guilty of a misdemeanor and punished as provided in section 1-10 of this Code.

5. This section shall not be interpreted to preclude general marching through a residential area.

(b) Private right of action.

1. Any person aggrieved or that will be aggrieved by an act prohibited by this subsection may bring an action for damages and/or an injunction in any court of competent jurisdiction against any person who violates, has conspired to violate or proposes to violate this subsection. A person need not be the owner or occupier of the targeted residence to seek such judicial relief.

2. Any aggrieved person prevailing in an action to enforce this subsection shall be entitled to recover from the violator(s) those damages, costs, attorneys' fees and such other relief determined to be appropriate by the court. In addition to all other damages or relief, the court may award the aggrieved person a civil penalty not to exceed $1,000.00 for each violation of this subsection.

3. The remedies provided by this subsection are not intended to be exclusive and are in addition to any other legal or equitable remedies available to the aggrieved person.

(Ord. No. 08-067, § 1(App. A), 10-20-2008)

(a) Purpose. The making, creation, and maintenance of undesirable light and glare onto adjoining properties affects and is a detriment to the public health, comfort, convenience, safety, welfare, and prosperity of the residents of the city. The purpose of this section is to provide regulations for outdoor lighting that will minimize undesirable light and glare onto adjoining properties, curtail light pollution, reduce skyglow, and permit the use of outdoor lighting specified for nighttime safety, utility, security, productivity, enjoyment, and commerce. The provisions and prohibitions contained in this section are intended to ensure appropriate lighting levels that support wayfinding and crime prevention and allow flexibility in architectural design while conserving energy and resources.

(b) Definitions. The following definitions shall apply to the interpretation and enforcement of this section.

(1) Direct view lighting means bare bulb lighting, neon lighting or neon-like LED lighting typically used for accent lighting, lighting outlining a building, or site element.

(2) Existing lighting means any lighting existing and installed on or before the effective date of the ordinance from which this section is derived.

(3) Footcandle means the unit of measure used to quantify the amount of light received on a surface. One footcandle is the illuminance produced by a candle on a surface equal to one square foot, from a distance of one foot.

(4) Horizontal plane means a line horizontal to the lowest point on the fixture from which light is emitted.

(5) Landscape lighting means lighting of trees, shrubs, or other plant material as well as pools, ponds, and other landscape features.

(6) Light trespass means light that falls beyond the property it is intended to illuminate.

(7) Lumen means the unit of measure used to quantify the amount of light produced by a lamp or emitted from a luminaire. The term is not synonymous with the term "watt," which is a measure of power consumption.

(8) Luminaire means the complete lighting assembly, less the support assembly. For purposes of determining total light output, lighting assemblies which include multiple lamps or light sources in a single housing shall be considered as a single luminaire.

(9) Outdoor lighting fixture means an outdoor artificial illumination device, whether permanent or portable, used for illumination outdoors, and shall include but is not limited to devices used for search, spot, floor, and area lighting for building and structures, recreational facilities, game courts, parking areas, landscape lighting, signs, public and private street lighting, and walkway lighting.

(10) Photometric means quantitative measurements of light levels and distribution.

(11) Seasonal lighting means temporary lighting installed and operated in connection with holidays or traditions.

(12) Sign means a structure or any part thereof which is used or intended to be used to attract attention to a subject matter for advertising purposes, and which is properly permitted under the provisions of this code.

(c) General prohibition. It shall be unlawful for any person to make, permit, or cause any outdoor lighting to result in light trespass upon any lot, tract, parcel of land, or other private property in excess of 0.2 footcandles. This prohibition applies to all lighting and includes, but is not limited to, lighting on residential, commercial, and institutional properties. The use of laser source light, searchlights, flashing and/or rotating lights, or any similar high intensity light for outdoor advertising or entertainment is prohibited.

(d) General provisions. All exterior lighting in the city consisting of, but not limited to, spotlights, floodlights, pool and landscape lighting, or similar illuminating devices shall be installed, hooded, regulated, and maintained by the owner or person in control thereof in such a manner that the direct beam of any such light shall be cast in a manner so that it will not result in light trespass upon any lot, tract, or parcel of land in excess of 0.2 footcandles. Exterior lighting of any kind mounted on a building shall not extend above the building roof line unless otherwise specifically allowed by this section.

(e) Applicability. All outdoor lighting must comply with the requirements of this section except the following, which shall not be regulated by this section:

(1) Lighting within the public right-of-way for the principal purpose of illuminating streets or roads;

(2) Lighting operated for emergency lighting used by police, fire, emergency, or utility work personnel;

(3) Lighting required by law to be installed on motor vehicles;

(4) Existing lighting that is not being modified or improved;

(5) Landscape lighting not directed at the public street or adjoining properties;

(6) Residential security lighting not directed at the public street or adjoining properties; and

(7) Light trespass between properties developed in a unified manner.

(f) Enforcement. Upon receipt of a complaint from any person who owns or occupies property impacted by light trespass, or upon the initiative of any employee of the City of Bellaire, Texas, a compliance inspection shall be conducted by the city building official, code enforcement officer, peace officer, or other representative designated by the city manager.

(g) Hours of lighting at residential recreational facilities. The use of outdoor lighting designed or used for the purpose of illuminating residential recreational facilities such as, but not limited to, pools, tennis courts, paddle ball courts, or other types of game courts, fields, or sites shall not be allowed after 10:00 p.m.

(h) Sign illumination. All provisions relating to sign illumination are located in chapter 24, planning and zoning, article X, signs, of this Code and shall be deemed controlling as to the interpretation and enforcement of this section.

(i) Seasonal lighting. Notwithstanding the provisions of this section, seasonal lighting and light of seasonal decorations using typical, unshielded, low-wattage, incandescent lamps, LED, or twinkle bulbs or holiday light projectors shall be permitted.

(j) Direct view lighting shall be allowed subject to the following:

(1) Direct view lighting shall emit no more than 250 lumens per linear foot; and

(2) Direct view lighting must be turned off from 30 minutes after close of business to 30 minutes before opening of business. Where no business exists on the site, from 10:00 p.m. to 5:00 a.m.

(k) New construction, lighting requirements. All new construction exterior lighting must comply with the requirements of this section. Should this section directly conflict with any other provision in this Code, the stricter requirement shall apply.

(1) Parking lot lighting. Parking lot lighting shall be designed and constructed to prevent light trespass in excess of 0.2 footcandles. Parking lot lights shall have a maximum height of 20 feet and be glare shielded. Height shall be measured from the finish grade, inclusive of the pedestal, to the top of the fixture. Lights mounted on a building shall not extend above the building roof line.

(2) Parking garage lighting. Parking garage lights located at the top floor shall be directed downward and be glare shielded to limit spillover in excess of 0.2 footcandles outside the top of garage. Parking garage lighting at the top floor shall have a maximum height of 15 feet, and the height shall be measured from the finish concrete, inclusive of the pedestal, to the top of fixture. Lights mounted on the side of the parking garage shall not create a light trespass in excess of 0.2 footcandles and shall not extend above the top parking garage wall. When directly abutting a residential zoning district, the exterior cover of the parking garage structure on the side facing the residential zoning district shall be made of an opaque surface or be constructed of other material in a manner that blocks or redirects the light from headlights on vehicles located within the garage. The exterior cover shall be at least 42 inches in height measured vertically from each finished floor where parking occurs. For ramps or other sloped surfaces, the exterior cover shall be positioned to block or redirect light from headlights of vehicles travelling within the garage. Additional screening may be required if it is otherwise not possible to prevent light trespass in excess of 0.2 footcandles, measured at grade on the property line.

(3) Permit and photometric plan requirement. For any exterior new construction, excluding single-family residential, a person must apply for and obtain a permit from the city and pay any applicable fee therefor as may be set by the city council in a schedule of fees, and submit a photometric plan for review by the city. The photometric plan must include a layout of the property which indicates:

a. The location and square footage of hardscape area;

b. The location and mounting height of each proposed new lighting luminaire and of each existing lighting luminaire;

c. The make, model, and lumen output stated by the manufacturer for each lamp within each proposed new lighting luminaire and each existing luminaire;

d. The total luminaire lumens for each proposed new lighting luminaire and each existing lighting luminaire; and

e. The photometric plan also must include a photometric drawing.

Photometric calculations detailing all exterior lighting shall be submitted and drawn on 24 inches by 36 inches format prepared to scale. Point to point photometric calculations shall be calculated at intervals of not more than ten feet at ground level and may also be required at six feet above finish grade. A copy of all cut sheets for light fixtures shall be submitted and marked as to which information and data applies to the specific luminaire, including the lamp manufacturer.

(4) Should any light fixture or the type of light source be changed therein after the permit has been issued, a change request must be submitted to the building official for their approval.

(5) As measured on the Kelvin color temperature scale, warm colored lighting 3000k or below shall be used where possible.

(6) Inspection. Upon completion of any outside lighting installation for which a permit has been issued in accordance with the building code of the city, the installation may be subject to a compliance inspection to be made during nighttime hours, with a light meter provided by the city. The inspection shall be made with the city manager or his or her designee and the person responsible for the installation present. The outside lighting permit fee, which shall include the cost of one inspection, and fees for additional inspections or re-inspections, shall be in such amounts as may be established from time to time by the city council.

(l) Penalty. Any person who shall violate any of the provisions of this section, or who shall fail to comply therewith, shall be guilty of a misdemeanor and shall be punished as provided in section 1-10 of this Code; provided, however, that any fine shall not be less than $150.00 for the first offense of a violation of or failure to comply with this section, and not less than $500.00 for any subsequent offense of violation of or failure to comply with this section. Each day or portion thereof in which any violation shall occur shall constitute a separate offense.

(Ord. No. 23-093, § 1(App. A), 12-18-2023)

As used in this article:

Brush shall include all uncultivated shrubs, bushes, and small trees.

Rubbish shall include all refuse, rejected tin cans, old vessels of all sorts, useless articles, abandoned pipe, discarded clothing and textiles of all sorts, and in general all litter. The words "any and all objectionable, or unsanitary matters" not included within the meaning of the other terms, as herein used, mean those which are liable to produce or tend to produce an unhealthy, unwholesome, or unsanitary condition to the general locality where the same are situated.

Unwholesome matter shall include all stagnant water, filth, carrion, impure matter and any condition liable to produce disease.

Weeds shall include all rank and uncultivated vegetable growth or matter which is liable to become an unwholesome or decaying mass or breeding place for flies, mosquitoes, or vermin.

(Ord. No. 2059, § 1, 11-5-1974)

Whenever weeds, brush, rubbish, and all other objectionable, unsightly and unsanitary matter of whatever nature shall exist, covering or partially covering the surface of any lots or parcels of any real estate situated within the city, or when any of said lots or parcels of real estate as aforesaid, shall have the surface thereof filled or partly filled with holes or be in such condition that the same holds or is liable to hold stagnant water therein, or if from any other cause shall be in such condition as to cause disease, or produce, harbor or spread disease germs of any nature or tend to render the surrounding atmosphere unhealthy, unwholesome or obnoxious, or shall contain unwholesome matter of any kind or description, the same is hereby declared to constitute a public nuisance, the prompt abatement of which is hereby declared to be a public necessity. Any such nuisance shall be removed from the property by the owner or other person in possession or control of such property.

(Ord. No. 2059, § 2, 11-5-1974)

The city health officer or his representative is authorized to inspect any property within the limits of the city, at any reasonable time, subject, however, to the restrictions against such inspection, and entry of private residence for health inspection as is provided for in Vernon's Ann. Civ. St. art. 4420a.

(Ord. No. 2059, § 3, 11-5-1974)

In the event that the officer charged with enforcement of this chapter shall determine that a situation exists which immediately affects the health, safety and well-being of the general public and that immediate action is necessary, such officer may take such action as shall be necessary, including issuing citations for violations of the terms and provisions of this Code to the owner or occupant of the property upon which such condition exists, as may be deemed appropriate and necessary. However, where a condition is not judged to be an emergency or a matter requiring immediate attention, a notice to correct a condition as described in section 22-45 of the Code of Ordinances may be given in writing to such owner or occupant by letter addressed to such owner or occupant at his post office address or notice by publication in the official newspaper of the City of Bellaire for two times within ten consecutive days. If personal notice by letter may not be had or such owner's address is not known, notice shall not be necessary. Notwithstanding the provisions of this section providing for notice, proof that notice has actually been given shall not be a prerequisite for prosecution under the terms and provisions of this Code.

(Ord. No. 80-040, 4-29-1980)

Cumulative of the city's remedy by fine, as set forth in the preceding section hereof, the city may do such work or cause the same to be done to remedy such condition or remove such matter from such owner's premises at the city's expense and to charge the same to the account of the owners of such property and to assess the same against the real estate or lot or lots upon which such expense is incurred. On filing with the county clerk of Harris County, Texas, a statement by the mayor or city health officer of such expenses, the city shall have a privileged lien upon said real estate or lot or lots second only to tax liens and liens for street improvements to secure the expenditure so made and ten percent interest on the amount from the date of such payment so made by the city. Such city may institute suit and recover such expenses and foreclose such lien in any court of competent jurisdiction and the statement so filed with the county clerk or a certified copy thereof shall be prima facie proof of the amount expended in any such work or improvements to remedy such condition or remove any such matter.

(Ord. No. 2059, § 5, 11-5-1974)

It shall be unlawful for any person, who shall own or occupy any lot or lots in the city, to allow weeds and/or grass to grow on such lot or lots to a height of more than nine inches. Weeds and/or grass, of a height exceeding nine inches, is declared a nuisance.

(Ord. No. 2059, § 6, 11-5-1974)

Any person or persons, who shall allow or permit sewage to discharge into the ground or subsurface soil, which shall have the effect of causing odors, obnoxious, unhealthy, and unwholesome conditions to exist, is declared to have caused a public nuisance and shall be in violation of this article.

(Ord. No. 2059, § 7, 11-5-1974)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Adult arcade, as used in this article, shall mean any premises that is subject to regulation under V.T.C.A., Local Government Code ch. 243, as amended, to which members of public or members of any club, group or association are admitted and permitted to use one or more arcade devices.

Arcade device shall mean any coin- or slug-operated or electronically or mechanically controlled machine or device that dispenses or effectuates the dispensing of entertainment, that is intended for the viewing of five or fewer persons in exchange for any payment of any consideration.

Entertainment shall mean:

(1) Any live exhibition, display or performance; or

(2) Any still picture(s) or movie picture(s) whether mechanically, electrically or electronically displayed; or

(3) Any combination of the foregoing, in which the specified sexual activities are depicted.

Individual shall mean only a natural person.

Operator shall mean the individual who is principally in charge of the management of the adult arcade.

Owner or owners shall mean the proprietor if a sole proprietorship, all partners (general and limited) if a partnership, or all officers, directors and persons holding ten percent or more of the outstanding shares if a corporation. Provided, however, the term "owner" or "owners" shall not include any of the aforesaid persons who has given to the operator a statement under oath that the person does not desire to be listed on a permit application under this article and that the person waives any right to any notice that is required or permitted to be given by the city or any officer thereof in connection with the application or permit for the adult arcade under this article.

Permit shall mean a current, valid permit issued by the police chief under this article to an operator for an adult arcade.

Police chief shall mean the chief of police and any employee(s) of the police department assigned by him to perform the duties prescribed in this article.

Premises shall mean a building; provided, that if a building has been physically divided into separate units that each have their own individual means of ingress or egress to the exterior of the building and which are offered by lease or otherwise for separate use and control, then it shall refer to each such separate unit.

Specified sexual activities shall mean:

(1) Human genitals in a state of sexual stimulation or arousal;

(2) Acts of human masturbation, sexual intercourse or sodomy;

(3) Fondling or other erotic touching of human genitals, pubic regions, buttock or female breast; or

(4) Any combination thereof.

The provisions of this article are remedial and they shall, notwithstanding any other provision of this Code, be construed to apply to all adult arcades, both now existing and hereafter established.

The provisions of this article are supplemental and shall be cumulative when all other laws and ordinances applicable in any manner to an adult arcade or to any owner or operator thereof.

(a) The violation of any provision of this article, including the doing of anything which is herein prohibited or declared to be unlawful or the failure to do anything or perform any duty which is required herein, shall be punishable as provided by V.T.C.A., Local Government Code § 243.010(b). Each day that any violation shall continue shall constitute and be punishable as a separate offense.

(b) The revocation or suspension of any permit shall not prohibit the imposition of a criminal penalty, and the imposition of a criminal penalty shall not prevent the revocation or suspension of a permit.

(a) Any notice required or permitted to be given by the police chief or any other city officer or agency under this article to any applicant, operator or owner of an adult arcade may be given by personal delivery or by certified United States mail, postage prepaid, return receipt requested, to the most current address as specified in the application for the permit, or any amendment thereof which has been received by the police chief. Notices mailed as above shall be deemed given upon their deposit in the United States mail and shall be presumed to have been received on the third regular postal delivery day thereafter.

(b) It shall be unlawful for any person to remove any notice or order posted upon any adult arcade pursuant to this article, except that a notice of a hearing under division 4 may be removed after the hearing has been conducted. It is a defense to prosecution under this subsection that the actor had the prior express consent of the police chief to remove the notice or order.

(a) It shall be unlawful for any person to own, operate, manage or conduct any business in an adult arcade unless there is a permit for the adult arcade.

(b) It shall be unlawful for any person to own, operate, manage or conduct any business in an adult arcade unless the permit is posted at the place designated therefor on the diagram submitted with or adopted in the permit application pursuant to section 22-81(c) of this Code and in such a manner that it is conspicuous to patrons of the adult arcade.

(c) In any prosecution under subsection (a), above, it shall be presumed that there was no permit at the time of the alleged offense, unless a permit was then posted as provided in subsection (b), above.

(a) To obtain a permit, whether initial or renewal, the intended operator of the adult arcade shall file an application with the police chief on a form prescribed by the police chief for that purpose. On the application, the applicant shall set forth the following information:

(1) The full name of the intended operator, his residence street address, and mailing address (if different), and his driver's license or Texas Department of Public Safety personal identification number.

(2) The name of the adult arcade.

(3) The street address and real property description of the tract or parcel of land upon which the adult arcade will be located.

(4) The names, residence street addresses, and mailing addresses (if different), of the owners of the adult arcade and the type of business entity (proprietorship, partnership or corporation).

(5) The name, mailing address and telephone number of a person who will act as the applicant's liaison with the police chief for the purposes of the permit inspection required under section 22-82 of this Code. Such person must be available to come to the adult arcade upon one hour's notice given between the hours of 8:00 a.m. and 4:00 p.m., on Monday through Friday (holidays excepted), upon request by the police chief to the telephone number designed during the time that the license application is pending hereunder and must be authorized to act for the applicant in matters relating to the inspection of the premises during the time that the license application is pending hereunder.

(b) The application shall contain the following statement:

"I represent that I have personal knowledge of all statements made in this application and all information furnished herewith and that all of the same is true and correct."

(c) The application shall be accompanied by a diagram of the adult arcade showing a plan thereof specifying the location of one or more manager's stations and the location of all overhead lighting fixtures and designating any portion of the adult arcade in which patrons will not be permitted. A manager's station may not exceed 32 square feet of floor area. Such diagram shall also designate the place at which the permit will be posted pursuant to section 22-806 of the Code of Ordinances of the City of Bellaire, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blue-print shall not be required; however, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the adult arcade to an accuracy of plus or minus six inches. The police chief shall waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the adult arcade has not been altered since it was prepared.

(d) The application shall be sworn to be true and correct by the applicant.

(e) The application shall not be complete unless it is accompanied by a non-refundable adult arcade permit fee of $75.00.

(f) Applications and other notices required or permitted to be given to the police chief under this article must be submitted by hand delivery to the chief of police, Bellaire Police Department, 5110 Jessamine, Bellaire, Texas, during regular working hours 8:00 a.m. to 4:00 p.m., Monday through Friday (city holidays excepted).

(g) A separate permit shall be required for each adult arcade, and a permit shall only be valid for the adult arcade described in the application.

(a) The police chief shall complete the actions required in this section resulting in the giving of his notice of the issuance or denial of the permit by the seventh day next following the date of his receipt of a completed application. The foregoing time period may be extended to the fourteenth day by the police chief upon notice to the applicant that the police chief has been unable, after diligent effort, to schedule the conduct of any required inspections of the adult arcade with the liaison person designated therefor in the application by the sixth day next following the date of his receipt of the application. The time period may also be extended to a date mutually agreeable to the police chief and the applicant or his inspection liaison person if the applicant or liaison person has requested that any inspection or reinspection be delayed for the applicant's convenience. Any extensions and the basis therefor shall be documented in the police chief's file regarding the application.

(b) The police chief shall grant the permit unless:

(1) After a permit issuance inspection of the adult arcade (or reinspection, if duly requested) is found that the adult arcade does not comply with the view or lighting requirements of division 3 of this article;

(2) The police chief is unable to schedule and conduct a permit issuance inspection of the arcade by contacting the liaison person at the telephone number designated in the application; or

(3) The operator has had a permit revoked for the same adult arcade within the 180-day period next preceding the date that application was filed.

(c) No fee shall be imposed for the initial inspection of the arcade, unless subject to the additional special inspection fee provided below. A reinspection to verify the correction of deficiencies noted on a previous inspection shall only be made upon written request of the applicant or his designated liaison person and prior payment of a nonrefundable reinspection fee of $60.00. Inspections at an applicant's specially requested times or outside the regular working hours of 8:00 a.m. to 4:00 p.m., on Monday through Friday, whether on an initial or reinspection basis, will be subject to prior payment of a nonrefundable and additional special inspection fee of $30.00, per inspection.

(d) Permits that are awarded shall be furnished to the operator. If a permit is denied, then a notice thereof setting forth the specific reason(s) therefor shall be given to the applicant and the owners. Permits and notices of denial may be given as provided in section 22-79 of this Code.

(e) Failure of the police chief to give timely notice of his action on an application within the limitation of time specified in subsection (a) or any extension authorized pursuant thereto shall entitle the applicant to the issuance of a temporary permit upon written demand therefor filed by the applicant with the police chief.

Such a temporary permit shall only be valid until the third regular postal delivery day after the police chief gives notice of his action on the application pursuant to subsection (d) above.

(f) Computation of time periods under this article shall be as provided in section 1-2 of this Code.

(g) The fees prescribed in this article shall only be payable by check or money order. If payment thereon is not honored, the police chief may suspend the permit, if issued, until payment is made by written notice to the operator.

Each permit shall expire one year from the date of its issuance, or sooner upon any change of identity or mailing address of the owners or operator if the permit is not timely transferred or amended under section 22-84 of this Code. A permit may be revoked in accordance with the terms of this article.

(a) A permit shall expire on the tenth day next following any of the following events:

(1) A change of the mailing address of the operator or owners of the adult arcade; or

(2) Any change of the operator or owners of the adult arcade; unless the operator has obtained a permit transfer/amendment for such changes.

(b) The police chief shall prescribe a form on which permit transfer/amendment applications must be made and it shall include a statement under oath that:

"The original application remains correct as originally submitted and previously amended in all respects except those which are amended hereby."

The transfer/amendment application shall be sworn to be true and correct by the operator and shall not be complete unless accompanied by a nonrefundable transfer/amendment fee of $15.00. The police chief shall cause the amendment or transfer to be issued upon the receipt of a completed application. Applications shall be filed in the manner specified in section 22-81(f) of this Code.

(c) Any change in the information specified in subsection 22-81(a) or any change in the identity or telephone number of the person designated as the inspection liaison or in the plans for the adult arcade as related to a permit application which is pending issuance under section 22-82 shall be reported in the same manner to the police chief without delay and shall be accompanied by the same fee as specified in subsection (b) of this section. The filing of an amendment to an application which is pending issuance shall have the effect of causing all time periods set forth in section 22-82(a) to recommence as of the date the police chief receives the amendment.

A permit shall only extend to the adult arcade in the configuration described in the application and the plans submitted with or adopted therein. If an adult arcade remains open during alterations or expansions, then it shall be the duty of the operator to ensure that no patron is permitted to use arcade devices situated within any portion of the adult arcade which has been altered or added by any alteration or expansion of the adult arcade until a new permit has been obtained on the basis of the adult arcade as reconfigured by the work.

It shall be the duty of the owners and operator of each adult arcade to ensure that at least one person who is charged with the responsibility for the operation of the adult arcade is on duty at the adult arcade and situated in each manager's station designated pursuant to section 22-81(c) at all times that any patron is present in the adult arcade.

It shall be unlawful for the owners or operator and it shall also be unlawful for any agent or employee present in an adult arcade to knowingly allow or permit any act of sexual intercourse, sodomy, oral copulation or masturbation to occur in the adult arcade or to knowingly allow or permit the adult arcade to be used as a place in which solicitation for sexual intercourse, sodomy or oral copulation occur.

(a) Any applicant, operator or owner who is aggrieved by any decision of the police chief relating to his duties and authority under this division in the issuance of permits shall be entitled to a hearing to be conducted in the same manner specified in division 4 of this article for permit revocations, except that the grounds considered in the hearing shall be as applicable under this article; provided, that a written notice of the request for the hearing setting forth the grounds must be received by the police chief within 15 days from the date that notice of the action complained of is given to the hearing applicant. The applicant, owner or operator shall be entitled to three days' notice at the date, time and place of hearing.

(b) Upon receipt of an appeal, the police chief shall refer the matter to the secretary of the general appeals board for scheduling. If it will not be possible to hear and resolve the appeal within ten days after the date it was received by the police chief, then the city's director of public works and engineering department or one of his assistants or deputies as designated by the said director shall act as hearing officer for disposal of the matter within the aforesaid time period, unless all applicants on the appeal request in writing that the matter be continued with the general appeals board, notwithstanding the delay.

(a) If an adult arcade has one manager's station designated pursuant to section 22-81(c) of this Code, then the interior of the adult arcade shall be configured in such a manner that there is an unobstructed view of every area of the adult arcade to which any patron is permitted access for any purpose from that manager's station. If an adult arcade has two or more manager's stations designated pursuant to section 22-81(c), then the interior of the adult arcade shall be configured in such a manner that there is an unobstructed view of each area of the adult arcade to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station.

(b) It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present in an adult arcade, to ensure that the view area specified in subsection (a) remains unobstructed by any merchandise, display racks or other materials at all times that any patron is present in the adult arcade and to ensure that no patron is permitted access to any area of the adult arcade which has been designated as an area in which patrons will not be permitted in the plan filed pursuant to section 22-81(c) of this Code.

(a) Each adult arcade shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than one footcandle as measured at the floor level.

(b) It shall be the duty of the owners and operator and it shall also be the duty of any agents and employees present in an adult arcade to ensure that the illumination described in subsection (a), above, is maintained at all times that any patron is present in the adult arcade.

(a) A permit may be revoked as provided in this division after a hearing conducted by the city manager. If the city manager finds from a preponderance of the evidence produced at such hearing that:

(1) The configuration or lighting equipment of the adult arcade has been changed so that it is no longer in compliance with the view area and lighting requirements of division 3 of this article; or

(2) That a cumulative total of four or more violations of any of sections 22-86, 22-87, 22-89 or 22-90 has occurred within the adult arcade in a consecutive period of six months; or

(3) That the operator of the adult arcade has knowingly allowed or permitted any act of sexual intercourse, sodomy, oral copulation or masturbation to occur in the adult arcade or has knowingly allowed or permitted the adult arcade to be used as a place in which solicitation for sexual intercourse, sodomy, or oral copulation occur. Knowledge of such activities shall be presumed, subject to rebuttal by the operator, in any instance where there have been convictions in a court of original jurisdiction for four or more offenses arising on separate occasions in the adult arcade and relating to the above activities within a continuous period of one year. The appeal of a conviction shall not prevent its consideration, unless and until it is reversed or set aside, and a disposition by deferred adjudication shall be considered in the same manner as a conviction.

(b) The police chief shall not request a hearing by the city manager on any alleged grounds for revocation until he has caused an investigation to be made thereupon and determined that grounds for revocation may, in probability of fact, exist.

(a) At least 14 days prior to the date set for the revocation hearing by the board, the operator and the owners shall be given a written notice by the police chief which shall set forth:

(1) The grounds upon which the police chief will seek revocation of the permit;

(2) That a hearing has been scheduled thereon before the city manager and the time, date and place of the hearing; and

(3) That the operator and owners may appear, may be represented by counsel, may present evidence and may cross-examine witnesses presented by the police chief.

(b) The foregoing notices shall be given as provided in section 22-79 of this Code. Additionally, a copy thereof shall be posted at each public entrance to the adult arcade upon the door and the notice shall also be published in a newspaper of general circulation with the city, both to be done one time at least ten days prior to the date of the hearing.

The hearing shall be conducted by the city manager or designated assistant city manager.

The city manager shall announce his decision by written order signed by the city manager or designated assistant city manager and recorded with its secretary. If the city manager finds that grounds for the revocation of the permit exist, then the city manager shall revoke the permit unless he also finds that the public interest will be adequately served by a warning or temporary suspension of the permit. Notice of the decision shall be given to the operator, owners, and any other persons appearing at the hearing and claiming an interest in the adult arcade by providing each a copy of the order in the manner specified in section 22-79 of this Code.

(a) If the permit is revoked or suspended, the police chief shall also post a copy of the order at each public entrance of the adult arcade upon the door and shall remove the permit from the adult arcade.

(b) It shall be unlawful for the operator, any owner or any agent or employee of the operator or any other person upon the adult arcade to refuse to surrender the permit after notice that it has been suspended or revoked.

The city council finds that sex offenders that use physical violence and who are convicted of preying on children are sexual predators who present an extreme threat to the health, safety, and welfare of children. Sex offenders are likely to use physical violence, to repeat an offense, have many more victims than are ever reported, are prosecuted for only a fraction of their actual sexual offenses, and children not only lack the ability to protect themselves, but additional measures should be taken to keep known sex offenders from having access to children in areas where children generally feel safe.

It is the intent of this article to serve the city's compelling interest to promote, protect and improve the health, safety and welfare of the citizens of the city by creating areas around locations where children regularly congregate in concentrated numbers wherein certain registered sex offenders and sexual predators are prohibited from establishing temporary or permanent residency.

(Ord. No. 06-032, § 2, 5-1-2006)

The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Permanent residence means a place where the person abides, lodges, or resides for 14 or more consecutive days.

Temporary residence means a place where the person abides, lodges, or resides for a period of 14 or more days in the aggregate during any calendar year and which is not the person's permanent address, or a place where the person routinely abides, resides, or lodges for a period of four or more consecutive or nonconsecutive days in any month and which is not the person's permanent residence.

(Ord. No. 06-032, § 2, 5-1-2006)

(a) If a person is required to register on the Texas Department of Public Safety's sex offender database because of a violation involving a victim who was less than 16 years of age, it is unlawful for that person to establish a permanent residence or temporary residence within 1,000 feet of any premise where children commonly gather, including a playground, school, day care facility, video arcade facility, public or private youth center, or public swimming pool, as those terms are defined in section 481.134 of the Health and Safety Code of the State of Texas. It shall be prima face evidence that this section applies to such a person if the person's record appears on the database and the database indicates that the victim was less than 16 years of age.

(b) For the purpose of determining the minimum distance separation, the requirement shall be measured by following a straight line from the outer property line of the permanent or temporary residence to the nearest property line of the premises where children commonly gather, as described herein, or in the case of multiple residences on one property, measuring from the nearest wall of the building or structure occupied or the parking/driveway, whichever is closer to the nearest property line of the premises where children commonly gather, as described herein.

(c) Any person violating a provision of this section shall be guilty of a misdemeanor, and upon conviction shall be subject to a fine in accordance with the general penalty, section 1-10 of this Code.

(d) Nothing in this article shall be interpreted to modify or reduce the state's child safety ban. A person, as described in subsection (a), residing within 1,000 feet of those places where children commonly gather does not commit a violation of this section if any of the following apply:

(1) The person established the permanent or temporary residence and has complied with all the sex offender registration laws of the State of Texas, prior to the date of the adoption of this section;

(2) The person was a minor when he/she committed the offense and was not convicted as an adult;

(3) The person is a minor;

(4) The premises where children commonly gather, as specified herein, within 1,000 feet of the person's permanent or temporary residence was opened after the person established the permanent or, temporary residence and complied with all sex offender registration laws of the State of Texas; or

(5) The person proves that the information on the database is incorrect and that, if corrected, this section would not apply to the person.

(Ord. No. 06-032, § 2, 5-1-2006)

(a) It is unlawful to let or rent any place, structure or part thereof, with the knowledge that it will be used as a permanent residence or temporary residence by any person prohibited from establishing such permanent residence or temporary residence pursuant to the terms of this article, if such place, structure or part thereof, is located within 1,000 feet, as defined in section 22-103(b), of any premises where children commonly gather, including a playground, school, day care facility, video arcade facility, public or private youth center, or public swimming pool, as those terms are defined in section 481.134 of the Health and Safety Code of the State of Texas.

(b) Any person, firm or corporation violating a provision of this chapter shall be guilty of a misdemeanor, and upon conviction shall be subject to a fine in accordance with the general penalty, section 1-10 of this Code.

(Ord. No. 06-032, § 2, 5-1-2006)

As used in this article:

Certificate of registration means a certificate of registration issued by the director under this article to the owner or operator of a credit access business.

Consumer means an individual who is solicited to purchase or who purchases the services of a credit access business.

Consumer's language of preference is the language the consumer understands best.

Credit access business has the meaning given that term in V.T.C.A., Finance Code § 393.601.

Deferred presentment transaction has the meaning given that term in V.T.C.A., Finance Code § 393.601.

Director means the director of the department designated by the city manager to enforce and administer this article and includes any representatives, agents or department employees designated by the director.

Extension of consumer credit has the meaning given that term in V.T.C.A., Finance Code § 393.001.

Motor vehicle title loan has the meaning given that term in V.T.C.A., Finance Code § 393.601.

Registrant means a person issued a certificate of registration for a credit access business under this article and includes all owners and operators of the credit access business identified in the registration application filed under this chapter.

State license means a license to operate a credit access business issued by the state consumer credit commissioner under V.T.C.A., Finance Code ch. 393, subch. G.

(Ord. No. 14-011, § 2, 2-17-2014)

(a) A person who violates a provision of this article, or who fails to perform an act required of the person by this article, commits an offense. A person commits a separate offense for each and every violation relating to an extension of consumer credit, and for each day during which a violation is committed, permitted, or continued.

(b) An offense under this article is punishable by a fine of not more than $500.00.

(c) A culpable mental state is not required for the commission of an offense under this article and need not be proved.

(d) The penalties provided for in subsection (b) are in addition to any other remedies that the city may have under city ordinances and state law.

(Ord. No. 14-011, § 2, 2-17-2014)

It is a defense to prosecution under this article that at the time of the alleged offense the person was not required to be licensed by the state as a credit access business under V.T.C.A., Finance Code § ch. 393, subch. G.

(Ord. No. 14-011, § 2, 2-17-2014)

A person commits an offense if the person acts, operates, or conducts businesses as a credit access business without a valid certificate of registration. A certificate of registration is required for each physically separate credit access business.

(Ord. No. 14-011, § 2, 2-17-2014)

(a) To obtain a certificate of registration for a credit access business, a person must submit an application on a form provided for that purpose to the director. The application must contain the following:

(1) The name, street address, mailing address, facsimile number, and telephone number of the applicant.

(2) The business or trade name, street address, mailing address, facsimile number, and telephone number of the credit access business.

(3) The names, street addresses, mailing addresses, and telephone numbers of all owners of the credit access business, and the nature and extent of each person's interest in the credit access business.

(4) A copy of a current, valid state license held by the credit access business pursuant to V.T.C.A., Finance Code ch. 393, subch. G.

(5) A copy of a current, valid certificate of occupancy showing that the credit access business is in compliance with the construction code.

(6) A non-refundable application fee of $50.00.

(b) An applicant or registrant shall notify the director within 45 days after any material change in the information contained in the application for a certificate of registration, including, but not limited to, any change of address and any change in the status of the state license held by the applicant or registrant.

(Ord. No. 14-011, § 2, 2-17-2014)

(a) The director shall issue to the applicant a certificate of registration upon receiving a completed application under section 22-124.

(b) A certificate of registration issued under this section must be conspicuously displayed to the public in the credit access business. The certificate of registration must be presented upon request to the director or any peace officer for examination.

(Ord. No. 14-011, § 2, 2-17-2014)

(a) A certificate of registration expires on the earliest of:

(1) One-year after the date of issuance; or

(2) The date of revocation, suspension, surrender, expiration without renewal, or other termination of the registrant's state license.

(b) A certificate of registration may be renewed by making application in accordance with section 22-124. A registrant shall apply for renewal at least 30 days before the expiration of the registration.

(Ord. No. 14-011, § 2, 2-17-2014)

A certificate of registration for a credit access business is not transferable.

(Ord. No. 14-011, § 2, 2-17-2014)

(a) A credit access business shall maintain a complete set of records of all extensions of consumer credit arranged or obtained by the credit access business, which must include the following information:

(1) The name and address of the consumer;

(2) The principal amount of cash actually advanced;

(3) The length of the extension of consumer credit, including the number of installments and renewals;

(4) The fees charged by the credit access business to arrange or obtain an extension of consumer credit; and

(5) The documentation used to establish a consumer's income under section 22-129.

(b) A credit access business shall maintain a copy of each written agreement between the credit access business and a consumer evidencing an extension of a consumer credit (including, but not limited to, any refinancing or renewal granted to the consumer).

(c) A credit access business shall maintain copies of all quarterly reports filed with the state consumer credit commissioner under V.T.C.A., Finance Code § 393.627.

(d) The records required to be maintained by a credit access business under this section must be retained for at least three years and made available for inspection by the city upon request during the usual and customary business hours of the credit access business.

(Ord. No. 14-011, § 2, 2-17-2014)

(a) The cash advanced under an extension of consumer credit that a credit access business obtains for a consumer or assists a consumer in obtaining in the form of a deferred presentment transaction may not exceed 20 percent of the consumer's gross monthly income.

(b) The cash advanced under an extension of consumer credit that a credit access business obtains for a consumer or assists a consumer in obtaining in the form of a motor vehicle title loan may not exceed the lesser of:

(1) Three percent of the consumer's gross annual income; or

(2) Seventy percent of the retail value of the motor vehicle.

(c) A credit access business shall use a paycheck or other documentation establishing income to determine a consumer's income.

(d) An extension of consumer credit that a credit access business obtains for a consumer or assists a consumer in obtaining and that provides for repayment in installments may not be payable in more than four installments. Proceeds from each installment must be used to repay at least 25 percent of the principal amount of the extension of consumer credit. An extension of consumer credit that provides for repayment in installments many not be refinanced or renewed.

(e) An extension of consumer credit that a credit access business obtains for a consumer or assists a consumer in obtaining and that provides for a single lump sum repayment may not be refinanced or renewed more than three times. Proceeds from each refinancing or renewal must be used to repay at least 25 percent of the principal amount of the original extension of consumer credit.

(f) For purposes of this section, an extension of consumer credit that is made to a consumer within seven days after a previous extension of consumer credit has been paid by the consumer will constitute a refinancing or renewal.

(Ord. No. 14-011, § 2, 2-17-2014)

(a) Every agreement between the credit access business and a consumer evidencing an extension of consumer credit (including, but not limited to, any refinancing or renewal granted to the consumer), must be written in the consumer's language of preference. Every credit access business location must maintain on its premises, to be available for use by consumers, agreements in the English and Spanish languages.

(b) For every consumer who cannot read, every agreement between the credit access business and a consumer evidencing an extension of consumer credit (including, but not limited to, any refinancing or renewal granted to the consumer) must be read to the consumer in its entirety in the consumer's language of preference, prior to the consumer's signature.

(c) For every consumer who cannot read, every disclosure and notice required by law must be read to the consumers in its entirety in the consumer's language of preference, prior to the consumer's signature.

(Ord. No. 14-011, § 2, 2-17-2014)

A credit access business shall provide a form, to be prescribed by the Director, to each consumer seeking assistance in obtaining an extension of consumer credit which references non-profit agencies that provide financial education and training programs and agencies with cash assistance programs. The form will also contain information regarding extensions of consumer credit, and must include the information required by section 22-128 specific to the loan agreement with the consumer. If the director has prescribed a form in the consumer's language of preference, the form must be provided in the consumer's language of preference.

(Ord. No. 14-011, § 2, 2-17-2014)

In this article:

Platform means a person who provides a means to advertise or promote a short-term rental or facilitates short-term rental bookings.

Short-term rental means the rental for compensation of all or part of a dwelling for a period of not more than 30 days. The term does not include hotels as permitted by chapter 24 of this Code nor does it include a residence temporarily leased back to a prior owner in connection with a real estate sales transaction.

(Ord. No. 25-108, § 1(App. A), 11-17-2025)

(a) Short-term rentals in the residential districts of the city are an unlawful use in those districts as a business or commercial use incompatible with the zoning of the city's residential districts.

(b) Any person subject to enforcement under section 22-154 of this Code found violating this section shall be guilty of a misdemeanor, and upon conviction shall be subject to a fine in accordance with section 1-10 of this Code.

(Ord. No. 25-108, § 1(App. A), 11-17-2025)

(a) The traffic, parking difficulty, noise, trash, and other aspects of the operation of a short-term rental are not the norm in a residential neighborhood of Bellaire, Texas. Those aspects of commercial use are the basis for the separation through zoning of commercial and residential uses. Therefore the city declares short-term rentals a nuisance in the residential zoning districts of the city.

(b) Any person subject to enforcement under section 22-154 of this Code found violating this section shall be guilty of a misdemeanor, and upon conviction shall be subject to a fine in accordance with section 1-10 of this Code.

(Ord. No. 25-108, § 1(App. A), 11-17-2025)

The owner of the short-term rental, the tenant and each of his or her guests, the management company, platform, and any partnership or corporate entity acting in those capacities are subject to enforcement under this article.

(Ord. No. 25-108, § 1(App. A), 11-17-2025)

(a) Short-term rentals may be permitted only within the mixed-use districts of the city per section 24-501 of the Code of Ordinances, subject to the following conditions.

(1) Occupancy. The maximum number of persons allowed to stay in a short-term rental is two adults per bedroom, plus two additional adults, while not exceeding a total of 12 persons.

(2) Parking restrictions. Parking shall be restricted to the maximum number of cars that can be accommodated within the garage and driveway of the subject property.

(3) Life safety.

a. The short-term rental shall be equipped with:

i. Working smoke detectors, with at least one on each floor level (if applicable) and one in each bedroom, as well as at least one working carbon monoxide detector.

ii. A 2A:10B:C type fire extinguisher (a standard five-pound extinguisher) shall be properly mounted within 75 feet of all portions of the structure on each floor.

b. All gas appliances shall be properly ventilated outside the home.

c. Emergency escape openings shall comply with the currently adopted International Residential Code (IRC), with at least one emergency escape opening for each bedroom opening directly to the outdoors.

d. An evacuation plan shall be posted in each bedroom.

e. Any bedroom that does not comply with subsection (a)(4) life safety, of this section shall not be used as a bedroom, and where equipped with a door, shall remain locked at all times when the dwelling is being used as a short-term rental. Such a non-compliant bedroom shall not be included in the maximum occupancy calculation for the short-term rental, nor be advertised as a bedroom.

(4) Conduct on premises. The short-term rental owner or occupant shall comply with all requirements of this Code. In addition, the following shall be unlawful:

a. Use of amplified sound during quiet hours as defined in section 22-4, excessive noise or other disturbances outside the short-term rental including, but not limited to, decks, portals, porches, balconies, patios, hot tubs, pools, saunas or spas;

b. Sleeping outdoors;

c. Placing, or allowing to be placed, garbage at the designated pickup location prior to 6:00 p.m. on the day before pickup or failing to comply with all collection requirements; and

d. Advertising or promoting a special event, or allowing the advertising or promotion of a special event (e.g. banquet, wedding, reception, reunion, bachelor, bachelorette party, concert, or similar activity that would assemble large numbers of invitees) to be held on the premises.

e. Each occupant and visitor to a short-term rental shall comply with all applicable provisions of the City's Code, including, without limitation on: noise and disorderly conduct, litter prohibition, parking, trespassing, and nuisance provisions. All occupants and visitors shall be informed in writing of relevant city's ordinances including, but not limited to, the city's nuisance ordinance by the owner or operator of the short-term rental.

(5) Signage. Signage for short-term rentals shall not be permitted.

(6) Advertising. The owner of a short-term rental shall not advertise or promote, or allow another to advertise or promote the short-term rental:

a. Without a valid, active permit.

b. Without including the occupancy limits and parking standards for the listing.

(7) Local contact. An owner must designate the name and contact information of a local responsible party who can be contacted regarding immediate concerns and complaints from the public. Said individual must be available to be reached in person or by phone at all times while occupants are on the premises of a short-term rental. If called, a local responsible party must be able to, and shall be present at the premises within one hour of receiving a call. A local responsible party must be authorized to make decisions regarding the premises and its occupants. A local responsible party may be required to, and shall not refuse to, accept service of citation for any violations on the premises. Acceptance of service shall not act to release owner of any liability under this chapter.

(8) Insurance. It shall be unlawful for the owner of a premises operating as a short-term rental to operate without host protection or other liability insurance commensurate with the operations of the short-term rental. Proof of insurance shall be required at the time of application and notice of cancelation of insurance must be made to the development services department within 30 days of any such cancelation.

(9) Occupant notification packet. The owner/operator shall post in a conspicuous location of the short-term rental, a packet of the following, at minimum, information:

a. Maximum number of occupants.

b. Location of required off-street parking, other available parking and prohibition of parking on landscaped areas or on the street.

c. Quiet hours and noise restrictions.

d. List of HOA rules, if applicable.

e. 24-hour local contact person and phone number.

f. Property cleanliness requirements.

g. Waste pick-up requirements.

h. Flooding hazards and evacuation routes.

i. Emergency and non-emergency numbers.

j. Notice that failure to conform to the occupancy and parking requirements is a violation of City Code and an occupant or visitor can be cited.

(10) Rental agreement notification. The rental agreement between the owner/operator of the short-term rental and the renter shall include, by attachment, all of the information provided in the occupant notification packet.

(b) Application process:

(1) The following application requirements apply to a short-term rental application.

a. The name, address, contact information, and signature for the owner of the premise;

b. The name, address, and phone number of the 24-hour contact;

c. The registration number for the City of Bellaire Hotel Occupancy Tax;

d. A parking plan of the premises identifying the location of parking spaces to be used in conjunction with the short-term rental, in relation to the residence;

e. A dimensioned floor plan of the proposed short-term rental identifying bedrooms, other living spaces and emergency evacuation routes;

f. The name, contact information, and rules for the homeowners association (HOA), if applicable;

g. Proof of host protection or liability insurance;

h. A copy of the proposed host rules for the short-term rental; and

i. A statement that the owner of the short-term rental has met and will continue to comply with the standards and other requirements of this ordinance.

(2) Changes in ownership. A new owner, if they wish to continue to operate a subject site as a short-term rental, must submit a short-term rental application within 30 days from the closing date of the purchase. The new owner must provide a copy of the closing statement with the short-term rental application form. Failure of the new property owner to apply for the permit within 30 days from the closing date will result in the revocation of the short-term rental permit.

(3) Hotel occupancy taxes. The owner of the short-term rental shall register with the City of Bellaire to pay hotel occupancy taxes, before the short-term rental application is submitted.

a. Request for occupancy history. Upon request of the planning services director or the finance department, the owner of a premises used as a short-term rental shall remit, within 30 days, an accounting of all occupants who rented the premises and the hotel occupancy taxes paid therefor.

(4) Right to inspect premises.

a. Inspections. For the purpose of making inspections, the fire marshal or code official may enter, examine, and survey, at all reasonable times, all buildings, dwelling units, guest rooms, and premises on presentation of the proper credentials. An owner or other authorized individual may refuse to consent to an inspection conducted by the fire marshal or the code official. If consent is refused, the code official may seek an administrative search warrant authorized by article 18 of the Texas Code of Criminal Procedure. Nothing in this Code limits the ability of the fire marshal or the code official to inspect as necessary or as authorized by other law.

b. The following inspections will be typical of a short-term rental permit request:

i. Annual fire inspection.

ii. Repeat inspections. If, upon completion of an inspection, the premises are found to be in violation of one or more provisions, the city will set a re-inspection date. If a premises fails to pass an inspection, a re-inspection fee will be charged after the third re-inspection of the premises. A property cannot be occupied as a short-term rental while its status with the fire marshal's office is noted as being in violation.

iii. Fire extinguishers. The owner/operator is responsible for obtaining annual independent inspections of the fire extinguishers in compliance with the city's requirements.

iv. Change in ownership inspection. As part of the change in ownership process for a short-term rental, the fire marshal's office shall conduct an inspection to verify compliance with this section.

(5) Enforcement. If the owner of the short-term rental property fails or refuses to comply with the requirements herein, within 30 days after notification, the city may initiate enforcement actions against the property owner including, but not limited to, citations permit revocation. Any violations of the provisions of this section shall also be subject to a fine as forth in section 1-10 of this Code. Any advertisement, whether it be online or in print, promoting the availability of a short-term rental in violation of this Code is prima facie evidence of a violation and is cause to issue a citation and may also be grounds for denial of a short-term rental permit.

(6) Platforms. A platform must require each user to include a permit number in a short-term rental advertisement or promotion on the platform.

(Ord. No. 25-108, § 1(App. A), 11-17-2025)

A short-term rental permit will be renewed annually through an inspection conducted by the fire marshal to verify continued compliance with this article. A renewal of a short-term rental permit will include renewal fee be established by city manager or his or her designee payable by the owner or operator before the permit is renewed.

(Ord. No. 25-108, § 1(App. A), 11-17-2025)

If an application for a short-term rental permit or renewal is denied, the owner or operator may appeal to the building and standards commission by written notice delivered within 30 days of denial or revocation.

(Ord. No. 25-108, § 1(App. A), 11-17-2025)

(a) The city may revoke a short-term rental permit for any of the following reasons without refund of any portion of the required fee:

(1) The permit was issued in error;

(2) Any information provided in the application is false, misleading, incorrect, or incomplete;

(3) The applicant fails to supplement any change in information as required in this Code;

(4) Two or more instances when the city, after providing notice pursuant to this Code, removes or abates a nuisance prescribed in this Code at a property operating as a short-term rental;

(5) Two or more citations are issued over two separate occasions within a twelve-month period at the property permitted as a short-term rental, whether the citations are issued to the owner, operator, or occupants, resulting in two or more convictions for violations of this Code; or

(6) One or more convictions of the owner, operator, or any occupant of the property permitted as a short-term rental for any of the following offenses occurring at the short-term rental:

a. Kidnapping, unlawful restraint, and smuggling of persons as described in V.T.C.A., Penal Code ch. 20;

b. Reckless discharge of a firearm as prohibited by the Penal Code;

c. Trafficking of persons as described in V.T.C.A., Penal Code ch. 20A;

d. Prostitution as described by V.T.C.A., Penal Code § 43.02, solicitation of prostitution as described by V.T.C.A., Penal Code § 43.021, promotion of prostitution as described by V.T.C.A., Penal Code § 43.03, or aggravated promotion of prostitution as described by V.T.C.A., Penal Code § 43.04;

e. Compelling prostitution as prohibited by the Penal Code;

f. Aggravated assault as described by V.T.C.A., Penal Code § 22.02;

g. Sexual assault as described by V.T.C.A., Penal Code § 22.011;

h. Aggravated sexual assault as described by V.T.C.A., Penal Code § 22.021;

i. Continuous sexual abuse of young child or disabled individual as described by V.T.C.A., Penal Code § 21.02;

j. Sexual conduct or performance by a child as described by V.T.C.A., Penal Code § 43.25;

k. Employment harmful to a child as described by V.T.C.A., Penal Code § 43.251; or

l. Disorderly conduct as described by V.T.C.A., Penal Code § 42.01(a)(7) and (a)(8).

(b) The director shall provide the applicant written notice of the revocation by certified mail, return receipt requested, to the mailing address of the registrant provided in the certificate of registration application, or by electronic mail to the email address provided by the registrant.

(c) An owner/operator whose permit has been revoked pursuant to this Code shall be ineligible to reapply for and receive a permit for the same short-term rental property for which the permit was revoked for the one-year period following the date that the certificate of registration was revoked.

(d) An owner/operator may appeal a decision to revoke a permit to the building and standards commission as provided for under this Code.

(Ord. No. 25-108, § 1(App. A), 11-17-2025)